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Agenda Schedule: HOPKINS CITY COUNCIL FINAL AGENDA July 1, 2003 7:30 pm THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING 7:15 pm - HRA Meeting 7:30 pm - City Council Meeting Work Session at conclusion of City Council meeting I. CALL TO ORDER 11. OPEN AGENDA - PUBLIC COMMENTS/CONCERNS (Public must fill out a Speaker Request Form. Three minute limit for each person) !!!.:. OATH OF OFFICE Zoning and Planning Commission: Robert Hatlestad, Jeffrey Paul, Peter Sholtz, Jannina Aristy IV. REPORTS - COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission IV. CONSENT AGENDA 1. Minutes of June 17, 2003 City Council Meeting 2. Minutes of June 24, 2003 City Council Work Session 3. Ratify prior month's disbursements 4. Approve extension of CUP permit for Metro Water, 612 _12th Ave So; (Memo) - N. Anderson 5. Approve Qwest encroachment agreement; (CR2003-1 03) - Stadler 6. Participation in the Minnesota Metro Public Safety Communication System; (CR2003-1 00) - Reid Vote: Brausen Jensen Rowan Johnson Maxwell VI. NEW BUSINESS 1. Approve height variance, Citrus Systems; (CR2003-99) - N. Anderson Vote: Brausen Jensen Rowan Johnson Maxwell QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) . 2. Second reading 2 am bar closing and resolution setting fee; (Memo) - Obermaier Vote: Brausen Jensen Rowan Johnson Maxwell 3. Approve extended hours applications; (CR2003-101) - Obermaier Vote: Brausen Jensen Rowan Johnson Maxwell 4. Award bid package #2, pavilion mezzanine project; (CR2003-102) - Stadler Vote: Brausen Jensen Rowan Johnson Maxwell 5. Change order Turner excavating, facilities project; (CR2003-104) - Stadler Vote: Brausen Jensen Rowan Johnson Maxwell . VII. ADJOURNMENT . . . A regular meeting of the Hopkins City Council was held on June 17, 2003, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and Rowan. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Yager, N. Anderson, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at p.m. II. OPEN AGENDA - PUBu'C COMMENTS AND CONCERNS There were none. III. PRESENTATION 1. Hopkins Area Little League Mayor Maxwell announced that Sunday, June 22 would be the 50th anniversary of the Hopkins Area Little League. They will host a family day at Maetzold Park between 12:00 and 4:00 p.m. Mayor Maxwell read a proclamation naming June 22, 2003 as Hopkins Area Little League Day in Hopkins. 2. Hopkins "Old High School" Reunion Lois Carlson Weiand came forward to announce the Old School reunion. Classes graduated between 1903 and 1955 from the high school located on Mainstreet and 16th Avenue. The committee has located over 1400 alumni. The programmed events will end with a banquet at the VFW. The event will take place on July 19, 2003. 3. Raspberry Festival Dale Specken and Greg Smith announced this year's Raspberry Festival. The event will take place from July 10 through July 20, 2003. The slogan is "One for you to see in 2003". There will again be fireworks. Virg Evanstad is the Grand Marshal of the parade. IV. REPORTS - COMMITTEES/COMMISSIONS There were none. June 17, 2003 City Council Meeting Minutes Page 1 V. CONSENT AGENDA . 1. Minutes of June 3, 2003 City Council Meeting 2. Minut~s of June 10, 2003 City Council Work Session 3. Approve Miscellaneous License Applications 4. Approve Appointments to Boards and Commissions (Memo) 5. Approve Liquor License Renewals (CR2003-094) 6. Second Reading, Extension of Moratorium - East End Study (Memo) 7. Second Reading, Ordinance Allowing Business Owners/Employees .to Serve on Planning and Zoning Commission (Memo) Council Member Johnson moved and Council Member Rowan seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. PUBLIC HEARING There were none. VII. NEW BUSINESS 1. First Reading, 2:00 A.M. Bar Closing (CR2003-095) The State has recently passed legislation that will allow establishments that sell liquor to be open until 2:00 a.m. Currently they are required to close at 1 :00 a.m. The City has not adopted the portion of State Statute that set closing times for liquor establishments. To allow later closing times, the ordinance will have to be changed. The City is allowed to enforce earlier closing times than those set by statute. Ms. Obermaier reviewed the cost of policing later closing times, and the ability of the City to cover those costs in additional fees. The effective date would be July 11, 2003. Joel Chesin, Mainstreet Bar and Grill, came forward. Mr. Chesin expressed a concern about the ,size of the fee. Mr. Chesin stated that the bars would encourage the late open hours on Thursday as well as Friday and Saturday and mentioned five holidays that are busy days for the bars that they would also like to stay open until 2:00 a.m. Chief Reid came forward to explain the overtime and additional cost issues. Council Members discussed the need for an additional officer. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Ordinance 2003-906 for first reading and directed staff to change the days to . . June 17, 2003 City Council Meeting Minutes Page 2 . Friday through Sunday and add the five holidays for 2:00 a.m. opening. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, nay; Mayor Maxwell, aye. The motion carried. 2. 2003 Budget Adjustments (CR2003-097) The State Legislature recently released the 2003-2004 budget. In order to balance the State budget, local governments were targeted to loose substantial amounts of state aid over the next two years. Hopkins will loose $731,022 in 2003 and $1,099,477 in 2004. The City Council and Staff have worked to balance the 2003 budget and will continue to work on the 2004 budget. The goal for 2003 was to maintain minimum impacts to services for the community and to employees. Ms. Yager reviewed the cuts and shifts that are recommended to balance the 2003 budget. . Council Member Jensen questioned the delay on hiring an additional police officer. Mr. Mielke explained that the $60,000 savings has already been made because another officer has been out on injury. Council Members discussed the needs of the Police Department. Chief Reid came forward and said that Minneapolis officers maintain 452 calls per officer. Minneapolis is say that cutting officers will be a burden. The call load will go to 485 calls per officer. Hopkins officers respond at the rate of 653 calls per officer. Mr. Mielke stated that the recommended budget could be approved by changing the item to read "$60,000 savings from delaying the hiring of two officers in the police department" . Council Member Jensen moved and Council Member Brausen seconded a motion to approve the recommended budget adjustments in 2003, as a result of the loss of state aids in 2003 with the amendment "$60,000 savings from delaying the hiring of two officers in the police department" and directed the City Manager to proceed with the hiring of the delayed position. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, nay. The motion carried. 3. Approve Resolution Amending Fees for Sale of Fireworks (CR2003-096) The state recently passed legislation that limits the fees that cities may set for licenses to sell fireworks. The legislation may also limit the City's ability to prohibit temporary fireworks stands. June 17. 2003 City Council Meeting Minutes Page 3 The current fee that the City has set for a license to sell fireworks is $200. The . recent legislation has limited the fee to $100 for businesses that sell products other than fireworks and $350 for a business that sells just fireworks. The resolution will set fees in chapter ten of the Hopkins City Code accordingly. If we are put into the position of having to issue a license to a temporary stand, the fee will be in place. Council Member Johnson asked if inspection fees can be imposed in addition to the license fee. City Manager Mielke stated that he felt that it is worth researching. Jim Genellie stated that Wynn Curtiss, City Attorney, is researching the statute and the standards, and could also research the issue of inspection fees.. Council Member Rowan asked why the fee is set at $345 instead of $350. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Resolution 2003-53, Resolution Setting Fees for Licenses to Sell Fireworks with the amendment changing $345 to 350. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Award Contract for Bid Package #1, Pavilion Mezzanine Project (CR2003- . 098) Design work is proceeding and proposals are in for bid package 1 contracts, install concrete floor topping and elevator. The City's construction manager solicited proposals from several contractors for the work and the City received four elevator bids and three floor topping bids. The lowest bidders were Otis Elevator Company at $28,975 for the elevator and Stellar Concrete and Masonry at $18,345 for the floor toppings. The Stellar Concrete bid did not include the costs involved with accessing the mezzanine area for the pumped concrete hoses and other work elements and is therefore not responsive to the RFP. For this reason Del's Construction Co, Inc., the next lowest bidder, at $18, 887 was chosen. The Otis proposed elevator required a four-foot, five-inch pit and the specifications clearly showed that four feet was all that could be provided. ThyssenKrupp took exception to a specification requirement for remote reporting of elevator status and exceeded the required lead time for manufacture and delivery. Because they could not meet the specifications, the next lowest bid was chosen. The chosen bid was for $32,000 by Schindler Elevator Corporation. Both bids are within the budgeted estimated costs for these work items. June 17, 2003 City Council Meeting Minutes Page 4 . Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2003-054, Resolution to award bid for Pavilion Renovation Project, Bid Package 1 contracts to Del's Construction Company, Inc. for $18,887.00 (mezzanine concrete floor topping) and Schindler Elevator Corporation for $32,000 (install elevator). A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Accept Feasibility Report and Design Services Agreement - Shady Oak Pond (CR2003-093) In 1997, The City Council identified the Shady Oak Pond area and included it in the Hopkins Flood Response Action Plan. It is the last project area in the action plan. The Pond does not have an outlet and when it gets to flood level, if not pumped, it floods the surrounding street and residential properties. The City Council authorized a feasibility study in May of 2002 to look at the options associated with alleviating the flooding problem. It was originally anticipated that the project would be done with the Shady Oak Road Reconstruction Project, but that project has been pushed back by Hennepin County. Because of that, the outlet work may need to be implemented in phases. . Mr. Stadler reviewed the points in the study. The Council directed Mr. Stadler to notify the neighboring residents that what is being done, will make the water recede more quickly than it does now, but that this is a temporary fix and that the final fix will come with the reconstruction of Shady Oak Road. Council Member Brausen moved and Council Member Jensen seconded a motion to accept Feasibility Study, Shady Oak Pond and direct staff to prepare plans to install temporary outlet to basin 514 City Project 02-06. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 6. Facilities Project Update Mr. Stadler reported that the foundation for the Public Works is almost complete that the work for the Fire Station pad is being started. All soil work is finished. Most of the utility work is done. Playground equipment has been relocated. All is going well. June 17, 2003 City Council Meeting Minutes Page 5 VIII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:48 p.m. Respectively Submitted, Terry Obermaier, City Clerk ATTEST: Eugene J. Maxwell, Mayor June 17, 2003 City Council Meeting Minutes COUNCIL MEMBERS Page 6 . . ~. . June 24, 2003 Page 1 :MINUTES CITY COUNCIL WORK SESSION - June 24, 2003 Mayor Gene Maxwell called a work session of the Hopkins City Council to order at 6:00 p.m. on June 24, 2003, at the City Hall. Council members Brausen, Jensen, Johnson and Rowan were present. City personnel present were: City Manager Steve Mielke, Police Chief Craig Reid, Public Works Director Steve Stadler, Assistant to City Manager Steve Stahmer, Housing Coordinator Kersten Elverum, Economic Development Director Jim Kerrigan, Connie Kurtz and Finance Director Lori Yager. Also present for the first item of business were Kristi Halverson, Bob Hatlestad, Jeffrey Paul, John Szuba, Jay Thompson, Mary Hatcher, Maureen Allen and Eric Rudolph of the Zoning and Planning Commission; and Mark Koegler and Rusty Fifield Of Hoisington-Koegler. East End Study Discussion Ms. Anderson said next month the study will go to Zoning and Planning for approval, then in August would come before the Council. Mr. Koegler and Mr. Fifield briefly reviewed the study objectives and the catalysts that brought it about. They stressed it was a plan for at least 20 years and that it would need to be implemented over time. They feel that private development will not be possible because of the multiple parcels, present configuration and acquisition expense; they think developers would probably need City assistance. For the plan to be implemented a regulatory framework and zoning ordinance modifications will be necessary; this could involve dual zoning and/or overlay areas. Answering questions, they said the high-density dwellings could be either rental or owner-occupied; this is one ofthe most 'modular' development plans they have done as it almost has to be done in stages; "triggers" to first development could be SuperValu's North Annex property development, transit station or EDCO plans; the city will have to stand firm against small business changeovers, EDCO upgrades should not be a problem; the present roads should be adequate but before development is put in action a traffic study would be advisable; changing ordinances, etc. should take about 6 months. Several people commented that EDCO should be consulted about the development plan; Mr. Koegler commented they had seen the concept plan. He feels that if they are involved, they may be willing to cooperate with the upgrading of the small business area they own on Excelsior Blvd. He and Mr. Kerrigan feel the proposed expansion of the warehouse is not an issue. Mr. Szuba, Ms. Allen and Mr. Randolph, who are leaving the Commission, all said they feel the development plan is a good one. The Planning Commission will review the plan in July and the Council will consider it in August. . Radio System Discussion Chief Reid said they had been working with a consultant from the Metro Radio Board. If Hopkins does not go to an 800 MHz system, the police will not be able to communicate with surrounding police forces; the robbery last week showed how necessary that is. Ms. Kurtz discussed the advantages of having the microwave system: it would transmit through the 9-county system, individual radios could be disabled if lost or stolen, the console could identify callers, more "groups" are available for city personnel such as Public Works. Grant money could be available if Hopkins joins the system now. Whether Hopkins leases or buys equipment, there would be a $210/year per unit charge from Hennepin County for maintenance; i June 24, 2003 Page 2 . Hopkins would have about 120 radios. Mr. Reid noted that leasing would be $80,000 per year; if grants were awarded, purchase would be cheaper. Ms. Kurtz noted the time line for grants is tight; Hopkins already has filed a letter of intent, which helps. The preliminary plan would be due by July 24, with the final date in September. In January 2004 the FCC will no longer allow license modifications so nothing could be done to the old system. Both she and Chief Reid feel Hopkins has a good chance for grant money. Chief Reid said the present tower would have to be tested to see if it is strong enough for the new equipment; Mayor MaxwelLsaid contracts for tower space should be checked to see if contract users could be taken off the tower. Ms. Kurtz said the VHF paging for the fire department should work through the RF controllers; Chief Reid added when the police go to 800 MHz the fire department will move to the present repeaters, which will help them. He said the Council does not need to decide whether to lease or buy equipment until September. Answering Mayor Maxwell, he said the downside is that Hopkins does lose some control but Hopkins really has no choice as it has to be able to communicate with other police departments. General Consensus was that a resolution for the microwave 800 MHz systems should come before the next Council meeting. Facilities Parking Modifications Mr. Stadler said 747 tons of fills have been hauled out. There is more solid waste than anticipated. Each ton costs $60.14, $12 of which goes to the hauler and the rest to landfill. Because of the escalating cost, he feels the parking lot needs to be elevated to keep from hauling more fill. This would reduce the parking stalls to 215 from the original site plan of 242. Four of those lost would be for the elevator at the Pavilion. General Consensus was to agree to the change orders for both the hauling and the plat changes. Mr. Brausen asked if Public Works was planning to move a streetlight at 2nd and 5th. Mr. Stadler said he was looking at that. Mr. Mielke asked about the parking lot behind Dominos. Mr. Stadler said that was not involved in the new construction at all. 2004 Budget Discussion Mr. Mielke said that he did not want to discuss numbers but wanted to know the issues the Council wanted included in budget discussions. He also asked for feedback about the meeting with past leaders, saying he heard "analyze the budget then go sell the issue." General discussion followed. All agreed that when going to the public they all had to be united, that even if they did not agree with some cuts they needed to present the public with the reasons they reached a final consensus. Mr. Mielke said with no budget cuts each household would pay $200-250 more per year. Ms. Yager noted since Hopkins is harder hit by the LGA cuts, it will look bad to the public. Mr. Mielke noted some cities are proposing that LGA be based on ability to pay rather than property values. Mr. Mielke asked for feedback on how the proposed budget should balance spending cuts and increased revenues. Mr. Rowan said cut 25%, 75% new revenues. Ms. Jensen, Mr. Brausen and Ms. Johnson said 50/50, although Ms. Johnson said she would like a preliminary draft with . 100% cuts. Mr. Brausen said even if something is not cut, he would like to be able to tell the public it was looked at and have reasons why it was not cut. The Council reviewed several areas of positions, programs and services that should be revied as part of a budget process. \ . . . June 24, 2003 Page 3 Mayor Maxwell suggested National Night Out as a good time to get the word to the public, with a public meeting in September. Mr. Rowan suggested comment cards to return to City Hall. Other Mr. Brausen said he had a call about stop signs at 5th and 2nd. He asked about an issue with pit bulls by the park. Ms. Johnson asked if anyone had attended the MN League. Mr. Mielke said Chief Reid had gone to the gun control session. Mr. Brausen moved adjournment. Ms. Jensen seconded. Meeting adjourned at 10:05 p.m. Kasey Kester, Secretary COUNCIL MEMBERS: ATTEST: Eugene J. Maxwell, Mayor