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Agenda . . . HOPKINS CITY COUNCIL FINAL AGENDA July 15, 2003 7:30 pm THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 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) III. OATH OF OFFICE Alice Olson, Park Board IV. REPORTS - COMMITTEES/COMMISSIONS 1. Chemical Health Commission IV. CONSENT AGENDA 1. Minutes of July 1, 2003 City Council Meeting 2. Minutes of July 8, 2003 City Council Work Session 3. Approve appointment to Charter Commission, David Day; (Memo) - Maxwell Vote: Brausen Jensen Rowan Maxwell Johnson VI. NEW BUSINESS 1. 2002 Year-End CAFR presentation; (Memo) - Yager Vote: Brausen Rowan Maxwell Johnson Jensen 2. Quarterly financial report; (Presentation) - Yager Vote: Brausen Jensen Johnson Maxwell Rowan QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) 3. Tobacco license application, Ibrahim Abdullah AI-Khalel; (Memo) - Obermaier Vote: Brausen Jensen Rowan Johnson Maxwell . 4. Award bid package #3, pavilion mezzanine project; (Memo) - Stadler Vote: Brausen Jensen Rowan Johnson Maxwell 5. Facilities project update; (Presentation) - Stadler Vote: Brausen Jensen Rowan Johnson Maxwell VII. ADJOURNMENT . A regular meeting of the Hopkins City Council was held on July 1, 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, Stadler, N. Anderson, and City Attorney Jerre Miller. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS Curt Fretham, 4934 Baker Rd. Minnetonka, appeared to state that in October, he applied for side yard variances to build on a 35 foot lot. The variance was denied. He spent the winter on a plan for the lot and found a buyer for the home. The moratorium that was placed on building on lots less than 40 feet has caused problems for him and he felt that the moratorium is unreasonable. He said that he came to the Council to see if the issue could be resolved. Mayor Maxwell thanked Mr. Fretham for his comments and said that the City Attorney will be contacting his attorney. Steve Gardner, 10717 10th Ave N, Plymouth, appeared to thank the paramedics that were called to the home of Laura Biglow. Paramedics responded very quickly and revived her. The unit that responded was Rescue 8,200305243. III. PRESENT A TION/PROCLAMA TION There were none. IV . OATH OF OFFICE The oath of office was administered to our newly appointed members of the Zoning and Planning Commission. They were Robert Hatlestad, Jeffrey Paul, Peter Sholtz, and Jannina Aristy. V. REPORTS - COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Mary Hatcher reported for the Zoning and Planning Commission. The Commission held their meeting on the 24th of June. They discussed the ED CO variance. This was the second time that ED CO brought their plans to the Commission. Since the first appearance, they have gotten approval from the Hennepin County Rail Road Authority (HCRRA). The Commission recommended approval for a one to three-foot setback. July 1, 2003 City Council Meeting Minutes Page 1 They also recommended a conditional use permit for EDCO. They have completed the drainage plan which was more complicated that they originally planned. HCRRA said that they would prefer natural grass on the site as opposed to larger plantings. The conditional use permit request for Walser was continued at Walser's request. The Commission discussed the height variance for Citrus Systems. There would be no access from outside the building. The Commission recommended approval. The Commission approved the amended bylaws. VI. CONSENT AGENDA 1. Minutes of June 1 7, 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- 2nd Ave S (Memo) 5. Approve Owest Encroachment Agreement (CR2003-1 03) 6. Participation in the Minnesota Metro Public Safety Communication System (CR2003-100) In answer to Mayor Maxwell's questions, Ms. Anderson responded that the extension of the CUP for Metro Water is for one year. Mr. Stadler answered that the agreement with Owest will not allow any expansion. To change the equipment, they will need approval from the City. Council Member Jensen expressed concern about the emissions from the antennae. Council Member Rowan moved and Council Member Brausen 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. VII. PUBLIC HEARING There were none. VIII. NEW BUSINESS 1. Approve Height Variance, Citrus Systems (CR2003-99) Citrus Systems is moving from their current location to the former Alliant Tech building. They are required to have a specific storage capacity for juice. A 46-foot tower will provide the required storage. The applicant is requesting a height variance . of eleven feet for the storage tower. The maximum height allowed is 35 feet. The other solution for storage is to install three smaller units. If Citrus Systems were July 1, 2003 City Council Meeting Minutes Page 2 requesting a water tower, it would be allowed. . Tom Boehland, Citrus Systems, and Brad Coats, construction manager, appeared to answer questions. Mr. Boehland responded to Council Member Jensen's question, answering that the tower will not support antennae. The tower is not designed to support anything on top of it. The Council discussed access to the tank, noise from the agitator on the tank, the location of the tank, and signage that would be on the tank. Council Member Jensen moved and Council Member Rowan seconded a motion to adopt Resolution 2003-55, approving a height variance to construct a juice tower with the condition that cellular antennae are not installed on the tower. 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. 2. Second Reading, 2:00 a.m. Bar Closing and Resolution Setting Fees (Memo) . At the first reading, the City Council directed staff to add Thursday nights and the five holidays that were requested. The ordinance has been changed to reflect that direction. Resolution 2003-57 sets the fees for extended hours. The fee for on-sale liquor licensees is $1300, for on-sale wine is $200, and for on-sale 3.2 beer is $150. Joel Chesin, Mainstreet Bar and Grill, came forward. Mr. Chesin questioned the dates of the holidays. Council Member Rowan stated that the costs exceed the additional revenues and that he sees no public need or benefit, therefore he will vote against the 2:00 a.m. closing. Council Member Brausen moved and Council Member Johnson seconded a motion to approve Ordinance 2003-906 for second reading and order its publication and to adopt Resolution 2003-57, Resolution Setting Fees for Extended Bar Hours. 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. 3. Approve Extended Hours Applications (CR2003-IOi) . With the adoption of the ordinance allowing bars to stay open until 2:00 a.m., Mainstreet Bar and Grill came forward to request approval to stay open until 2:00 July 1, 2003 City Council Meeting Minutes Page 3 a.m. Staff notified all of the bar owners. A total of four licensees have submitted requests for late opening. Mayor Maxwell questioned the timeliness of the State in processing the applications and asked how we could be sure that the state approved the request. The City should not allow late openings until the State has notified the Clerk that the requests are approved. Mr. Joel Chesin, Mainstreet Bar and Grill, came forward and stated that the approvals will be posted on the State web site. His Minneapolis bar was approved in five days. Mayor Maxwell directed staff to notify all applicants that they must have State approval before they can stay open. Council Member Johnson moved and Council Member Jensen seconded a motion to approve the extended hours applications for Tuttle's Hopkins Rec., BCD Ventures Inc (Mainstreet Bar and Grill), K&P Investments (Decoys), and 819 Mainstreet Inc. (Hopkins Tavern on Main). 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 Bid Package #2, Pavilion Mezzanine Project (CR2003-i02) The City Council approved design and construction management services contracts and project funding at the May 20, 2003, Meeting. The City's construction manager has solicited bids from contractors for HV AC equipment bids. Two bids have been received. Schwab Vollhaber Lubratt Inc. (SVL, Inc.) submitted the higher quote. The construction manager is recommending the higher quote because the equipment meets the bid specifications for dehumidification coils and modulated vs. staged heat. The other bidder did not meet those specifications. Council Member Rowan moved and Council Member Johnson seconded a motion to adopt Resolution 2003-58, resolution to award bid for Pavilion Renovation Project, Bid 2 HVAC equipment contract to SVL, Inc. for $42,999.00. 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. Change Order Turner Excavating, Facilities Project (CR2003-1 04) Steve Stadler, Director of Public Works, explained that if the parking lot to the northeast of the Pavilion is constructed as originally designed, there is a high risk of excavating solid waste material. The site was a former landfill site. The cost of excavating could be very high. The original design showed 242 parking stalls. . Currently there are 208. The new design will provide 21 5 parking stalls. During the storm sewer project, 747.75 tons of landfill material was excavated. The July 1, 2003 City Council Meeting Minutes Page 4 -; . cost of loading, hauling and disposing of this soil is $60.14 per ton. Staff is requesting approval of a change order for the amount of $45,443.68. The change order will be paid for from the project's contingency fund. Council Member Johnson asked if there were any improvements scheduled for the parking lot on the north of Central Park field four. Mr. Stadler responded that improvements for the lot have been listed in the CIP Plan, but the improvements had been moved back several times and was removed altogether this year. Council Member Johnson suggested that the improvements to that lot be made with this project. Mr. Stadler stated that later in the project they will have a better idea of the budget of the project. It is possible that improvements to that parking lot could be included at that time. Council Member Brausen moved and Council Member Jensen seconded a motion to approve the parking lot layout change as presented and approve a construction change order in the amount of $45,443.68 for loading, hauling and disposal of landfill material regarding the City Facilities Improvement project. 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. IX. 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 8:40 p.m. Respectively Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: July 1, 2003 City Council Meeting Minutes Page 5 JoAelN 'lIaMxeLAJ T aua6n3 . . SalnU!1I\I 5u!laalN I!:luno~ ^l!~ 800l 'L ^Inr 9 a5ed July 8, 2003 Page 1 . MINUTES CITY COUNCIL WORK SESSION - July 8, 2003 Mayor Gene Maxwell called a work session of the Hopkins City Council to order at 6:30 p.m. on July 8,2003, 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, and Finance Director Lori Yager. ERP Review Ms. Yager said department heads had worked very hard at modifying the Equipment Replacement Plan. Their changes will reduce expenses by approximately $1,500,000 in the next 20 years. She is planning a 2 % increase in the transfers from the General Fund each year. With the changes made by department heads, it will be possible to fund the improvements to the Pavilion, with the school district payback to be put into the ERP fund over the next 5 years to replace those funds. She went through each equipment replacement item by department. Ms. Jensen suggested that an education piece as to why fire equipment has to be replaced when the public sees it used so little would be appropriate. Other Council members agreed that maintenance runs, OSHA issues and code requirements need to be explained. Mr. Mielke cautioned that the cause of the failure of the fire ladder at the last fire is being explored; if it was the equipment wearing out that caused the failure, that could mean immediate refurbishment of that component. He also suggested that year models be added to the vehicle descriptions, noting the Luverne Pumper is a 1982 model. Mr. Mielke will find out why the Heavy Rescue cost has been estimated at $100,000 more. Chief Reid noted last year his department refurbished light bars on the squad cars rather than replacing them. This causes more drain on the alternator, and has caused some problems; but he feels he and his department can manage, as new bars cost $1600 apiece. He noted state bids save the city money on squad cars. Ms. Yager noted the PT cruiser and SWAT van have never been in the ERP as Walser has donated the lease cost for the first and the SWAT van is an old Public Works vehicle. Chief Reid said he is not asking that either be replaced and put in the ERP. Ms. Yager said she is very comfortable with the revised plan and fund balance. She noted that Hopkins has never had to issue capital notes because they have maintained the ERP fund. General Consensus: Council was comfortable with the revised plan. They feel each department should take 3 minutes each at the August 6 Council meeting to explain their part of the ERP when it comes to the Council for approval. Model-years will be added to equipment descriptions. . Other Enterprise Funds Audit Ms. Johnson asked about the state audit of enterprise funds. Mr. Mielke said the only potential issue for Hopkins is the refuse service. Ms. Yager said she could show the city saves residents money over commercial vendors. Mr. Mielke noted that Ron Abrams' issue is that if a city enterprise is so profitable it underwrites other costs, it should be figured in the "fairness" issue. Steve Kelley has proposed in the past, that cities should get into communication enterprises. Moratorium Mr. Mielke said Mr. Frethum has asked for a waiver. City Attorney Curtis thinks this may lead to a lawsuit as a possible buyer of the property made a phone call 2 days before the moratoriums' publication date. Pertinent issues include when a house is on two lots, can they be split for two houses; setback issues; minimum width of houses. Mayor Maxwell said the core issue is does the Council want to look at 35' lots or get rid of the moratorium. Mr. Mielke said the city couldn't keep him from building; the question is regulating the building. Mayor Maxwell said neighbors are concerned. Mr. Brausen said the effect on neighboring properties is a concern of his. Mr. Mielke, answering his question, said there are lots only 33.5 feet wide. Mr. Rowan said creating un-buildable lots are a problem. General consensus was to keep the moratorium in place, but the city should study the issue in a timely fashion. Mr. Mielke noted he July 8, 2003 Page 2 and City Planner Anderson are meeting to discuss issues. Taurus Properties Mr. Mielke noted letters have been sent to all parties. replied with a denial. He feels this will be a long process. Tobacco & Gifts Mr. Mielke said a sign on the door says they will re-open the 16th. There have been 2 tobacco license applications recently for this site, but the original owner has not withdrawn. City staff is researching options. Mayor Maxwell said Abe says he is buying the business. Ugorets Law Suit Mr. Mielke said the judge has put the case on hold until October, as he wants Court/County employees to review and report. Hopkins lost the non-binding arbitration, but the findings are not part of the Court case. Court-ordered mediation is required this summer. Budget Cuts Mr. Mielke asked for feedback on his speech at Rotary. Mr. Rowan said he did well on "here's what we are doing" but felt he should put more blame on the state. He added a case couldn't be made with the public if they don't hurt. Mr. Brausen feels the city has to become more aggressive, as was done for the public facilities project. Mr. Rowan asked if the full 60% isn't levied back, could it affect future levies. Mr. Mielke said by current law, it couldn't; but cities that did not levy to the limit the past 2 years have now lost that. General Consensus was that Mr. Mielke should present his 2004 plan at a July 24 special work session or at the August 12 session. A taped presentation should be shown on cable and articles put in the Sun-Sailor. National Night Out It was agreed all would travel together, meeting at City Hall at 5:30 p.m. Mr. Brausen asked that his area party be visited early in the evening. Passing out budget information and comment sheets was discussed. Other Issues. Mr. Brausen asked that the Depot be added to the August 12 work session. Ms. Jensen ask~d about liability issues if rental groups move Teen Center equipment. Mr. Brausen mentioned the award received by the Activities Center Director. Both Mr. Brausen and Mayor Maxwell commentede how good the band shell looks. The Westwood engineere Ms. Johnson moved adjournment. Ms. Jensen seconded. Meeting adjourned at 9:10 p.m. Kasey Kester, Secretary COUNCIL MEMBERS: ATTEST: Eugene J. Maxwell, Mayor