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Agenda HOPKINS CITY COUNCIL FINAL AGENDA . October 5, 2004 7:30 pm THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 7:25 pm - HRA Meeting 7:30 pm - City Council Meeting Work Session at conclusion of City Council meeting I. CALL TO ORDER II. OPEN AGENDA - PUBLIC COMMENTS/CONCERNS (Public must fill out a Speaker Request Form. Three minute limit for each person) ill:. REPORTS 1. Zoning and Planning Commission IV. OATH OF OFFICE 1. Elizabeth Dorn, Park Board V. CONSENT AGENDA . 1. Minutes of September 21 J 2004 City Council Meeting 2. Minutes of September 28,2004 City Council Work Session 3. Ratify prior month's disbursements 4. Second reading, moratorium on used auto sales; (Memo) - Anderson 5. Second reading, moratorium on sculptures in B-2 zoning district; (Memo) - Anderson 6. Appointment of election judges for 2004 general election; (CR2004-165) - Obermaier 7. Approve wine and strong beer license for Serenity Cafe, 811 Mainstreet; (CR2004- 166) - Obermaier 8. Hopkins pavilion roof repair; (CR2004-162) - Olson Vote: Brausen _ Thompson _ Rowan _ Johnson Maxwell - VI. PUBLIC HEARING 1. 2004 Miscellaneous assessments; (CR2004-161) - Stadler Vote: Brausen Thompson _ Rowan _ Johnson - Maxwell ~ 2. Revenue bond hearing for Hopkins Mainstreet School for the Arts; (Memo) - Kerrigan Vote: Brausen _ Thompson Rowan - Johnson Maxwell - . QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Une is the City of Hopkins voice message system) VII. NEW BUSINESS . 1. Site plan review, Chapel View; (CR2004-163) - Anderson Vote: Brausen _ Thompson Rowan - Johnson - Maxwell - 2. CUP Goodwill drive-thru; (CR2004-164) - Anderson Vote: Brausen Thompson _ Rowan _ Johnson Maxwell - 3. Approve Amendment to 2005-2009 CIP; (CR2004-168) - Stadler Vote: Brausen Thompson _ Rowan Johnson - Maxwell - 4. Order Feasibility Report, 2005 street improvement project; (CR2004-167) - Stadler Vote: Brausen Thompson _ Rowan Johnson - Maxwell - . VIII. ADJOURNMENT . . A regular meeting of the Hopkins City Council was held on September 21, 2004, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Thompson, Johnson, and Rowan. Also, present were staff members Genellie, Stadler, Kerrigan, Anderson, and City Attorney Jerry Steiner. /. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were none. Ill. REPORTS - COMMITTEES/COMMISSIONS 1. Chemical Health Commission Bert Schmitt, chair of the Chemical Health Commission reported that at their meeting they discussed the use of alcohol by teens. Over 11,000 students are . involved in sports. There is no significant difference in the use of alcohol and tobacco between athletes and non-athletes. The Hopkins School District has already had some drug use suspensions. Reduce the Use program will be looking at the Minnesota survey that will be done in November. A Town Hall Meeting is scheduled for February 15, 2005. Reduce the Use in conjunction with the West Suburban Mental Health Clinic was awarded a $50,000 grant for counseling at risk students. The Commission discussed the web site and asked to make changes to the mission statement and the Commission's goals. IV. CONSENT AGENDA 1. Minutes of September 7, 2004, City Council Meeting 2. Appoint Citizen Representatives to Minnehaha Creek Watershed District Public Advisory Committee (CR2004-158) 3. Approve Winter Use Permit for Regional Trail Segments (CR2004-140) 4. Approve Engineer Services Agreement, Lot 800 Reconstruction (CR2004- 157) 5. Second Reading of Ordinance 2004-931, Amending Section 703 of the City Code, Deferred Assessments (Memo) 6. Approve Wine and Strong Beer License for Camille's Sidewalk Cafe . (CR2004-153) 7. Second Reading of Ordinance 2004-932, Allowing Sculptures in the 8- 2 Zoning District {Memo} September 21, 2004 City Council Meeting Minutes Page 1 Mayor Maxwell asked the owner of Camille's Sidewalk Cafe to come forward and . introduce himself. Lenny Newman came forward and stated that he has been in the restaurant business for about fifteen years with the past eight years being in the local market. Camille's in a new franchise that serves fresh prepared food such as sandwiches, wraps, and soups. The Mayor welcomed Mr. Newman and Camille's to Hopkins. Steve Stadler commented on item two, appointment of citizen representative to the Minnehaha Creek Watershed District. In March, the Council supported a Minnehaha Creek Watershed District partnership to provide guidance and recommendations on policy development, technical issues and public involvement and create a common vision and implementation for the Minnehaha Creek corridor. The process would include a citizen advisory committee, a technical advisory committee and a policy board. City staff solicited volunteers through a notice in the Highlights. Two residents responded. The two appointees are Yvette Christianson and Suzi Rotering. Mayor Maxwell asked to have item seven removed from the consent agenda to be voted on separately. Council Member Rowan moved and Council Member Thompson seconded a motion to approve items one through six of the Consent Agenda. A poll of the vote was as . follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Johnson moved and Council Member Thompson seconded a motion to approve item seven of the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, nay. The motion ca rried. VI. OLD BUSINESS 1. Site Plan Review, Parker Office Building The Nine Mile Cove residents have petitioned for a discretionary Environmental Assessment Worksheet {EA W} for the project. There is also an issue with the City sanitary sewer at that location. Staff recommended a continuance. Jim Kerrigan reviewed the Environmental Quality Boards regulations and is recommending that Nine Mile Cove residents and Jim Parker, the applicant, both submit additional information substantiating the need or the reasons for exemption . of the EAW; that the information be received by October 4, 2004, and that a discussion be held at the City Council Work Session on October 12, 2004; and that September 21, 2004 City Council Meeting Minutes Page 2 . the item be continued to the October 19th meeting for a decision on ordering the EAW. Mr. Kerrigan stated that there needs to be evidence that the project has the potential for significant environmental damage. No action can be taken until October 19th. At that time, the Council will determine if there is enough evidence to require the EAW. The Council, staff and City Attorney discussed the process. Bruce Aamoth, 855 Nine Mile Cove, came forward and asked if there has been any statement done. Staff responded that there has not. Jerry Steiner, City Attorney, stated that the law did not require one on a project this size. Jim Parker, applicant, came forward. Mr. Parker stated that he has not attempted to rush the process and that he felt that he has done several things to make him a good neighbor. The costs of an assessment and impact statement are very high. There are no indications that an impact statement is necessary. He felt that what is being requested is a pretty heavy requirement for the size of the project and for the very small amount of flood plain that would be affected. His project would have less encroachment into wetlands than the Nine Mile Cove Project had. Council Member Thompson moved and Council Member Johnson seconded a motion to adopt Resolution 2004-77. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; . Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. CUP Parker Office Building {CR2004-143} See above. 3. Approve Construction Cooperative Agreement, Hopkins Crossroad/Minnetonka Blvd Intersection Project (CR2004-159) This item was first considered on September 7, 2004. The item was continued because the Council wanted language included in the agreement regarding the conditions upon which the final design plans were approved. The conditions were included in the resolution approving the final design plans but are not included in the cooperative agreement. Hennepin County has requested that the agreement not be revised, but that the City accept a letter from the County Engineer committing the County to the Hopkins' conditions of approval. The proposed construction cooperative agreement sets the cost participation and maintenance responsibility between the three parties, Hennepin County and the Cities of Hopkins and Minnetonka. . Council Member Rowan moved and Council Member Brausen seconded a motion to authorize the Mayor and City Manager to sign Hennepin County Agreement #PW 19- September 21, 2004 City Council Meeting Minutes Page 3 01-04, an agreement setting conditions of city cost participation and maintenance . regarding the Hopkins Crossroads/Minnetonka Boulevard intersection improvement projects. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS 1. Approve Blake School Settlement (CR2004-142) When Excelsior Blvd. was reconstructed, the County took a little less than an acre of property from the Blake School. As compensation for the County property taking and to avoid condemnation proceedings, the Blake School has requested title to the 1 05-foot strip of City-owned property along the south end of the school. The City has agreed to the property transfer provided all public uses of the land are protected by perpetual easements in favor of the City. A notice of the proposed land transfer and the September 13th public meeting was mailed to all area Hopkins residents. Staff has not received any objections to the property transfer. The City Attorney reviewed the sales agreement with the Council. The City would be responsible for 50% of the Blake property taking in conjunction with the Excelsior Blvd. project. This transfer will cost the City the City Attorney's . fee for time spent and the time spent by staff. The action requires a four-fifths vote by the Council. The City will be transferring title, but retaining current easements. All that is there currently will remain. Blake School will have the ability to move the trail. The City will retain a conservation easement. The City will not transfer the property until the taking issue with Hennepin County is settled. The Blake School is waiving any claims against the City for any contamination. The City will have no liability for any contamination. Council Members and the City Attorney discussed the language of Exhibit B. Council Members felt that an expansion of the campus could change the look and feel of the trail under the current language. Margaret Jadin, Director of Business and Finance at Blake School, came forward and stated that at this time, the school has no intention of using the property to the south. They have the opportunity of acquiring the land and they are taking advantage of that opportunity. There are no expansion plans. Council Members further discussed the possibility that the trail could be moved and the natural condition could be lost. . September 21, 2004 City Council Meeting Minutes Page 4 . Council Members discussed the insurance requirements for the property. City Attorney Jerry Steiner stated that with the easements, the City would still be liable and needed to continue insurance coverage. The Council discussed making changes to the agreement. They instructed the City Attorney to add language that would require that the existing landscape be duplicated if the trail is moved or shifted. The changes that were requested were to state that the exceptions to the conservation easement in the event of expansion to the south would be limited to the area corresponding to extending the east/west lines where the expansion occurs across the trail and only what is necessary for the expansion; and in the event of relocation of the trail, they could be required to restore any vegetation or trees that were damaged as a result of the relocation. Bob Anthony, 301 Griffit Street, said that he lives across the street from the trail. He is an Edina resident, but would still would have liked to have been notified of the public meeting. He would not like to see the land transferred. Karen Lundholm, 309 Arthur Street, stated that she too is an Edina resident and also would have liked to have been notified. Ms. Lundholm asked if there is a limit as to how far the trail could be moved. Jerry Steiner answered that not in feet or distance. Ms. Lundholm said that the land to the south, in Edina is approximately . 220 feet that could be expanded into and wanted to know how far south the trail could be moved. Staff responded that it could only be moved as far a necessary. Council Member Johnson moved and Council Member Brausen seconded a motion to approve a purchase agreement between the City of Hopkins and The Blake School transferring title to certain City-owned real property described therein subject to the modifications that were discussed. A pori of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve City Manager Position Profile (CR2004-156) Jim Brimeyer has met with City Council members, staff, boards and commission members, and other individuals to solicit information about the type of person the City should hire as a City Manager. The profile also contains information about the community and organization. Jim Brimeyer, search consultant, reviewed the profile with the Council. Council Members discussed the profile and requested several changes. . Council Members discussed the schedule for the process. The Candidates will tour the facilities on Friday, December 10th in the afternoon. September 21, 2004 City Council Meeting Minutes Page 5 Council Member Brausen moved and Council Member Rowan seconded a motion to . approve the City Manager Position Profile as amended. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Moratorium on Auto Sales Lots (CR2004-154) The moratorium will allow staff to review the current regulations for auto sales lots for possible new regulations. Currently auto sales lots are allowed in the B-3 zoning district with a conditional use permit. There have been concerns in the past and recently regarding the number of auto sale lots and the conditions regulating the lots. Council Members discussed the term of the moratorium. Staff answered that one year is typical. If a new ordinance was passed prior to the end of that term, the moratorium would not last the full year. Ms. Anderson stated that new legislation makes it more difficult to extend moratoriums. Jerry Steiner, City Attorney, requested that the word "new" be removed in several areas to clarify that the ordinance is addressing any type of auto lot, not just new . vehicle lots. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Ordinance 2004-933, placing an interim ordinance regulating automobile sales and/or lease lots within the B-3 zoning district for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Moratorium on Sculptures in B-2 Zoning District (CR2004-1 55) City staff was directed to prepare an interim ordinance placing a moratorium on new sculptures and decorative landscaping in the B-2 zoning district. The moratorium will be in effect for one year or until a new ordinance is passed. Council Member Brausen stated that some of the people that served on the Design Standards Task Force are interested in helping with this ordinance. Council Member Brausen moved and Council Member Thompson seconded a motion to adopt Ordinance 2004-934, placing an interim ordinance regulating sculptures and decorative landscaping in the B-2 zoning district for first reading. A poll of the vote . was as follows: Council Member Brausen, aye; Council Member Thompson, aye; September 21, 2004 City Council Meeting Minutes Page 6 . Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Approve 2004/2005 Police Officers Contract (CR2004-152) The contract calls for a 2.25% wage increase effective January 1, 2004, a .75% wage increase effective June 27, 2004, and a 2.0% wage increase effective January 1, 2005. The City's contribution for insurance will be $55.00 for all categories except single. There will be no increase for employees with single coverage. Council Member Johnson moved and Council Member Rowan seconded a motion to approve the 2004/2005 Contract for the Police Officer's Union. A poll of the vote was as follows; Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Thompson moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was . adjourned by unanimous consent at 9:35 p.rn. Respectfully Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: Eugene J. Maxwell, Mayor . September 21, 2004 City Council Meeting Minutes Page 7 ~ - - \ September 28, 2004 Page 1 . MINUTES CITY COUNCIL WORK SESSION - September 28, 2004 A work session of the Hopkins City Council was called to order by Mayor pro-tern Diane Johnson at 6:30 p.m. on September 28,2004, at the City Hall. Council members Brausen, Rowan and Thompson were present. City personnel present were: Acting City Manager Jim Genellie; Public Works Director Steve Stadler; Chief of Police Craig Reid; Economic Development Director Jim Kerrigan; and Facilities Manager Jay Strachota. Also present were James O'Shea, architect; David Chase of Kraus-Anderson; Tom Hessel, Chris Tower, Susan Hanna-Bibus and Mary Jo Bartos of HCA, Inc. Facilities Update Mr. Stadler said net bonds funds for the facilities were $13,273,326.42; costs included a requisite amount set aside for the first payment. Estimated under-budget amount is $147,041. The school district will be contributing $350,000.00 for the extra work they needed done at the Katherine Curren site; this amount is not included in the cost of the facilities project. He noted some accounts have not been reconciled yet, but he is comfortable with the figures given to the Council in the summary. Ms. Johnson asked about the anticipated fees for Kraus-Anderson. Mr. Stadler says they are estimated through the end of the year. Because of unanticipated delays in moving the fire . department, the construction time lengthened, meaning a construction superintendent and project management needed to be paid longer. Their fees plus miscellaneous costs, such as dumpster fees, run about $35,000/month. Chief Reid noted that some construction work was always being done so they had to be kept on the job. Mr. Genellie added the original costs were based on an October 2004 completion date. Answering Mr. Thompson, Mr. Stadler agreed the original contingency I amount of $900,000 is down to $147,000. Mr. Genellie noted the summary sheet's bond balances are misleading as bond balances can't be transferred from the first bond to the second bond, but the project figures as a whole are correct. Chief Reid said at present the mezzanine floor is being leveled and painting is going on below. A move-in date of November 6 is planned for the old fire station; then remodeling will start on the present site. Dispatch will be checked on October 13; it will be turned on October 15. Mr. Chase added electricity, etc. is all roughed-in. He expects sidewalks to be done this week and hopes all asphalt work will be done before winter. Mr. Stadler said there are a few miscellaneous things to be finished at the Public Works/Fire Station site. Mr. Thompson suggested that the public should be informed what "surprises" occurred in construction that added costs, such as the police station roof. Mr. Rowan added a list of those things that cost less than anticipated should also be given. Mr. Brausen suggested that at the open house the items donated, such as the large television set in the fire department, should have large signs naming who donated them. Mr. Stadler said that one thing that had disappointed him was how many things had not been included in the original plan and had to be added as change-orders; it would have been much better if there had been better coordination with the architect before starting the building. . Update on Shady Oak Road Project Mr. Kerrigan said Hennepin County is starting to figure how they want to go forward with the project. They have five alternatives, three on the "south side" (south of Mainstreet) and two on the "north side" (north of Mainstreet). One problem faced is the wetlands. The areas most likely to be impacted are the residential area north of the pond and the commercial area around Nelson's ( September 28, 2004 Page 2 and the VFW. The current plan is for a four-lane design. . At present the County plans its first two steps to be: 1) a contract with Hoesington-Koegler to study impacts and develop alternatives; and 2) public input from Councils, city staffs and property owners. City staff is meeting with the County next Tuesday. He said staff feels this is basically a county project. Ms. Johnson said she was concerned about people who might be buying a house in the area they need to know this project is coming. Mr. Kerrigan said public information is planned for the first of the year. He feels most realtors are already aware of the project. Mr. Brausen asked how County Highway 3 had heen handled; he was told it had been a phased-in project with the public put on notice long before it started. Mr. Brausen commented he doubted realtors were telling new business owners of the upcoming project. He is concerned about those who recently started businesses in the area, such as the tanning place. He feels the County may not be sensitive to those people. Mr. Genellie asked why the County could not say they are planning to update Shady Oak and tell what the process will be and what month public meetings will be held so people are aware but the County can conduct its process as planned. General Consensus was Mr. GeneI1ie's idea should be implemented if at all possible. It should also be emphasized the Council is concerned about keeping the businesses in Hopkins. Mr. Kerrigan said he had already emphasized the importance of single-family housing. Mr. Kerrigan said he felt public input too early could cause problems, but that a '.something will be happening" notice might be good. He will bring it up at Tuesday's meeting. Mr. Thompson asked what city office would be approached by someone wanting to lease business space, saying he felt they should also give this message. Mr. GeneIlie said if a general letter went . out, those people could be directed to it. Mr. Brausen said such a letter should go out to residential property owners, business owners and commercial property owners. Mr. Kerrigan said the County's Community and Public Works seem to be willing to do more than they did for the Excelsior Blvd. project. especially in the area of redevelopment. Mr. Thompson asked what the city's share of property acquisition costs would be. Mr. Stadler said it is usually SO/50, but he will double-check if this project will follow that. Mr. Rowan asked if more land is taken in Hopkins than in Minnetonka, does that mean Hopkins has to pay more? HCA, Inc. Discussion Mr. Strachota said all parties agreed the original cooperative agreement 01'2000 needed to he redone. He and members of HCA, Inc. were at the session to present a draft of a new agreement and to answer any questions. The agreement has been reviewed by the city attorney. The main three changes are space usage fees will now be based on percentages of ticket income; 10% of membership dues (up to $500 for business memberships) will go to the City; proceeds of the annual fundraiser will be shared with the City on a sliding scale. Other changes include a clarification of usage dates; ReA, lne's input in hiring an Executive Arts Director was spelled out; payments will be made January 15 and July 15 each year; how termination of the agreement would be handled is explained. Ms. Ham1a-Bibus said they are pleased they will be able to pay the City more. Ms. Jolmson mentioned that when tenant leases are renewed things might be "tweaked" for HCA, Inc. also. Mr. Hessel said HCA. Inc., has always had a good relationship with the tenants and feels that will continue. He added he felt the new agreement clarified the "income streams" back to the city. . General Consensus was the agreement is ready to come before the Council for official action. Other September 28, 2004 Page 3 . Mr. Thompson asked about tree removal, noting a neighbor had had a tree marked for some time. Mr. Brausen said there is a pamphlet the city puts out and detailed the process he went through removing his tree. He added Ray Vogtman would probably know the status of the neighbor's tree. Mr. Brausen asked about the Sanders' property. Mr. Stadler said he is meeting with her Sept. 29. Mr. Genellie said after meeting with her, Mr. Stadler will make a recommendation, consensus will be gotten, and Ms. Sanders will be notified as to what the city will or will not do. Ms. Johnson presented the items of Mayor Maxwell: 1) Hopkins School landfill. Mr. GenelIie said there will be a meeting Sept. 29. MPCA said it was okay "within reason" but that needs to be clarified. 2) Reserve banquet is Oct. 22. 3) Open house Oct. 9, what is role of the Council. Mr. Genellie will check and report. It was noted that the police department was mentioned twice and recreation omitted in the city manager handout. Mr. Genellie said the Dairy Queen on Blake has been told they are required to have a 1000 gallon outdoor grease trap; they are complaining that is a $8,000 change order. Indoor grease traps cause severe problems. For example, the old Wendy's had had an indoor one, which they ran hot water through to dissolve the grease, which then clogged the city sewer and backed-up to the apartments. Art Carlson told the architect that 4 of his last 5 designs had outside traps so he knew an outdoor trap is needed. Hopkins will rely on its CUP requirement, but staff is suggesting the outdoor trap be specified in the ordinances. . Mr. Thompson moved adjournment. Mr. Brausen seconded. On a 4-0 vote, the meeting adjourned at 8:40 p.m. Kasey Kester, Secretary COUNCIL MEMBERS: ATTEST: Eugene J. Maxwell, Mayor .