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Agenda Schedule: HOPKINS CITY COUNCIL FINAL AGENDA May 20, 2003 7:30 p.m. THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING 7:15 pm - Special HRA Meeting 7:30 pm - City Council Meeting Work Session at conclusion of City Council meeting . I. CALL TO ORDER !!. OPEN AGENDA - PUBLIC COMMENTS/CONCERNS (Public must fill out a Speaker Request Form. Three minute limit for each person) III. REPORTS - COMMITTEES/COMMISSIONS 1. Park Board . IV. CONSENT AGENDA 1. Minutes of May 6, 2003 City Council Meeting 2. Minutes of May 13, 2003 City Council Work Session 3. Approve miscellaneous license applications 4. Second reading, amend ordinance regarding portable storage units; (Memo) - N. Anderson 5. Second reading, amend ordinance to regulate towers and antenna within the city; (Memo) - N. Anders,?n Vote: Brausen Jensen Rowan Johnson Maxwell V. NEW BUSINESS 1. Approve sale of HRA lease revenue bonds; (CR2003-081) - Yager Vote: Brausen Jensen Rowan Johnson Maxwell 2. Approve sale of storm sewer revenue bonds; (CR2003-082) - Yager . 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) . . 3. Approve design contract-pavilion mezzanine renovation; (CR2003-083) - Stadler Vote: Brausen Jensen Maxwell Rowan Johnson 4. Facilities project update; (Memo) - Stadler Vote: Brausen Jensen Rowan Johnson Maxwell 5. Reject low bid contract and approve new contract award to Thurnbeck Steel Fabrication, Inc.; (CR2003-084) - Stadler Vote: Brausen Jensen Rowan Johnson Maxwell VI. ADJOURNMENT ,j . . . A regular meeting of the Hopkins City Council was held on May 6, 2003, in the Council Chambers of the Hopkins City Hall. Prese-nt were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and Rowan. Also, present were staff members Mielke, Stadler, Kerrigan, J. Anderson, N. Anderson, Yager, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:35 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS Judy Reiner, Lona Siera, Anna Bivins and Kathy Fitzgerald came forward. Ms. Reiner stated that she was a Zoning and Planning Commissioner several years ago and that she moved away from Hopkins and has recently returned. She stated that it is good to see that past dreams have become reality. Ms. Reiner introduced the Hopkins Heritage Festival that will be held in conjunction with the Jaycee's Mainstreet Days. The Heritage Festival will be between 11th and 12th Avenue on Mainstreet on May 17th from 9:00 a.m. to 5:00 p.m. Ms. Siera thanked the sponsors who have helped make the festival possible. III. OATH OF OFFICE Craig Reid, Hopkins Chief of Police, introduced three new Reserve Officers, Krystal Marie Pass, Mark David Hamilton and Kevin Lee Frederick. The officers took the oath of office. Chief Reid introduced Robert Scanlon. Mr. Scanlon has been a member of the Hopkins Police Reserve for over twenty years. He has worked full time for the department for the past two years in information technology. Mayor Maxwell read a proclamation thanking Mr. Scanlon for his dedication to Hopkins and for his many hours of volunteer work for the City. IV. REPORTS - COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Jay Thompson, Chair of the Zoning and Planning Commission, reported for the commission. The Commission held a public hearing on the Antenna/Tower ordinance. No one came forward at the meeting. The Commission recommended that the Council adopt the ordinance. May 6, 2003 City Council Meeting Minutes Page 1 ';1~ They also held a public hearing on various amendments to the Zoning Ordinance. . This ordinance was mostly a housekeeping ordinance. The Commission recommended adoption of this ordinance also. The Commission discussed the possibility of adding a member of the business community, a business owner, as a member to the commission. V. CONSENT AGENDA 1. Minutes of April 15, 2003 City Council Meeting 2. Minutes of April 1, 2003 City Council Work Session 3. Minutes of April 15, 2003-City Council Work Session 4. Minutes of April 22, 2003 City Council Work Session 5. Minutes of April 29, 2003 City Council Work Session 6. Ratify Prior Month's Disbursements 7. Approve Board and Commission Appointments (Memo) 8. Second Reading, Downtown Design Overlay District (Memo) 9. Second Reading, Rental Licensing Ordinance (Memo) 10. Approve Storm Water Pollution Prevention Plan (CR2003~075) 11. Approve New Bulk Item Pick up Fees (CR2003-078) 12. Approve Cooperative Agreement with Minnehaha Creek Watershed District (CR2003-076). In answer to Council Member Johnson's question, Mr. Stadler said that item eleven would increase fees for bulk pick-up and drop off. The new fees will go into effect on August 1, 2003. An article in the July Highlights will explain the new fees. The current fees have been in place since 1992. The program has been subsidized at about $35,000 per year. The increase from $15 to $20 for pick-up and $20 per appliance for drop-off will make the program user paid and significantly decrease the subsidy. Mr. Anderson responded to Mayor Maxwell stating that the software for the storm water pollution plan was purchased earlier this year and will significantly reduce staff time of compiling information and composing reports. Council Member Johnson referred to corrections to the minutes of the April 15, 2003 City Council Meeting that were given to the Council by the City Clerk, asking that those corrections be made. Council Member Jensen moved and Council Member Brausen seconded a motion to approve the Consent Agenda as amended. 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. May 6, 2003 City Council Meeting Minutes Page 2 --. VI. PUBLIC HEARING 1. Revenue Bonds/Joint Powers Agreement with MCDA-Augustana Chapel View, Inc. Augustana Chapel View Homes, is proposing improvements to their nursing home and senior housing at the Hopkins and Minneapolis locations. To finance the project, they have applied to the Minneapolis Community Development Agency to issue revenue bonds in the amount of $1,600,000. Hopkins would not be the issuing agent, but would be required to hold a public hearing, authorize the MCDAto issue the revenue bond, and enter into a joint powers agreement with the MCDA, authorizing the bond issue. These steps are required because a portion of the bond proceeds would be used for the Hopkins facility. The portion being expended in Hopkins is approximately $460,000. Mayor Maxwell opened the public hearing at 8:03 p.m. Council Member Johnson moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at . 8:04 p.m. Council Member Rowan moved and Council Member Jensen seconded a motion to adopt Resolution 2003~038, approving the issuance of a revenue bond to finance a project owned by Augustana Chapel View Homes, Inc., and located in part in the City of Hopkins, under Minnesota Statutes, Section 469.152 through 469.1651, and approving a joint powers agreement. 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. VII. OLD BUSINESS 1. Application for Premises Permit, Hopkins Youth Hockey Association (Memo) At the April 15th Meeting, the applicant, the Hopkins Youth Hockey Association, presented a number of documents that were given to the City Attorney, Jerry Miller. The Council continued the item to this meeting to give Mr. Miller time to review the documents that were presented. The City Attorney and City Clerk have reviewed the documents and found nothing in the documents that would change the recommendation that was given to the City Council at the last meeting. The HYHA requested that the item be continued for sixty days. Ms. Obermaier introduced John . Anderson, the new Chair of the HYHA. May 6, 2003 City Council Meeting Minutes Page 3 , '" The Hopkins Youth Hockey Association has asked that the City Council continue the . item for two months. Mr. Anderson stated that he is the new president and is trying to get up to speed on the issue. The HYHA expended $130,000 in ice fees to the City last year. Mayor Maxwell said that the moratorium would seek clarity of the policy for all parties. He did not believe the continuance would solve the issue. The HYHA should be involved in the policy changes. Council Member Johnson agreed that the HYHA should be involved in the policy decisions. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 03-28, resolution denying the application from the Hopkins Youth Hockey Association for a premises permit at Hopkins Tuttle's Family Recreation Center. 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. VIII. NEW BUSINESS 1. First Reading, Tower and Antenna Ordinance (CR2003-071) There is a moratorium in effect on the construction of towers and antennas within the . City. Staff obtained several model ordinances for examples 'and modified them to fit the City's needs. The proposed ordinance allows towers and antennas in the same zoning districts as currently allowed, with the exception of not allowing antennas in the R-1 districts. The proposed ordinance has more regulations for towers and antennas than the existing ordinance. Ms. Anderson reviewed the changes. The Zoning and Planning Commission recommended approval of the proposed ordinance. Council Member Brausen moved and Council Member Jensen seconded a motion to adopt Resolution 2003-40, approving Ordinance 2003-902, making amendments to the zoning ordinance regarding towers and antennas for first reading. 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. First Reading, Miscellaneous Zoning Amendments (CR2003-072) Staff has assembled sections of the Zoning Ordinance that need to be updated. The amendments are to correct inconsistencies or problems that have been identified. Others may just need up dating. Several changes are basic housekeeping amendments. Nancy Anderson reviewed the changes and the impacts. The Zoning . and Planning Commission recommended approval. May 6, 2003 City Council Meeting Minutes Page 4 . Council Member Jensen moved and Council Member Brausen seconded a motion to adopt Resolution 2003-041, approving Ordinance 2003-898, making amendments to the zoning ordinance for first reading. 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. 3. Approve Revised Business Subsidy Criteria (CR2003-070) In 1999, the City adopted a policy detailing business subsidy criteria. The policy states the requirements that need to be met by business receiving public financial subsidies from the City. State statute identifies a subsidy as any grant, loan, contribution of property except subsidies of less than $25, 000, assistance for housing or pollution control or assistance for the sole purpose of renovating older decaying buildings. Mr. Kerrigan reviewed the changes in the policy. Council Member Rowan moved and Council Member Johnson seconded a motion to approve amended Business Subsidy Criteria Policy. 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. Resolution on Voting Equipment (CR2003~077) The HA V A State Plan Committee will be making recommendations about new voting equipment in Minnesota. The Hopkins Charter Commission decided that it was prudent to have any new voting equipment at least have the capability to support alternative voting methods should such methods be desired in the future. Fran Hesch, 246 - 5th Ave N, the co-chair of the Hopkins Charter Commission, answered questions for the Council. Council Member Rowan stated that this is to express our desire to have the option to be able to count second choices. Ms. Hesch said that this is correct. The Charter Commission is not recommending a change to the way Hopkins votes. They are recommending that the City advocate that the HA VA Planning Committee recommend that the equipment that is approved by the State have the capability to count alternative methods of voting. Council Member Jensen suggested that the resolution should be amended to reflect that if Hopkins purchases equipment or expends funds on election equipment in the future, the equipment should have the capability of counting alternative methods. Tony Solgard, president of Fair Vote Minnesota came' forward. Mr. Solgard reviewed the purpose of Fair Vote. May 6, 2003 City Council Meeting Minutes Page 5 Council Member Johnson moved and Council Member Jensen seconded a motion to . adopt Resolution 2003-042, urging the HA VA State Plan Committee to require that any new voting equipment have the ability to handle ranked ballot voting and to include an additional "Therefore" clause in the resolution requiring the City of Hopkins to study the feasibility of including the upgrading of voting equipment to accommodate alternative voting methods if the City expends funds on voting equipment. 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. Approve 2003 HMEA contract (CR2003-073) The HMEA contract calls for a 1.0% increase to wages effective on January 1, 2003 and 2.0% effective June 29, 2003. All HMEA members will also receive an increase of $0.15 per hour beginning June 29, 2003. The wage settlement will be $9,000 less than budgeted for 2003. Council Member Rowan thanked Mr. Genellie for his work with the contract negotiations this year. Council Member Rowan moved and Council Member Jensen seconded a motion to approve the 2003 Contract for the Hopkins Municipal Employees Association, HMEA. . 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. A new item was added to the agenda. 6. Authorize the Sale of G.O. Storm Sewer Revenue Bonds, Series 2003A Finance has made a determination that it is financially beneficial to issue the General Obligation Storm Sewer Utility Bonds under existing market conditions and at the same time as the HRA Lease Revenue Bonds. The City will save on bond issue costs for the issue. Current and future projects of the Storm Sewer fund qualify for bond issue. The funds will pay for 2001, 2002 and 2003 projects. The approximate total is $1,624,000. The term of the bonds is fifteen years. The bonds will be paid for by an increase to the storm sewer rate. The projected rate increase is approximately $0.20 per month. The last time the storm sewer rate was increased was in 1999. Council Member Jensen moved and Council Member Rowan seconded a motion to adopt Resolution 2003-045, authorizing the sale of General Obligation Bonds for the . Storm Sewer fund projects. A poll of the vote was as follows: Council Member May 6, 2003 City Council Meeting Minutes Page 6 -. . . . Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. Mr. Mielke announced that the June 3 meeting will start at 8: 15 p.m. The HRA meeting will start at 8:00 p.m. IX. ADJOURNMENT There being no further business, Council Member Johnson moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:55 p.m. Respectively Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: ) / Eugene J. Maxwell, Mayor May 6, 2003 City Council Meeting Minutes Page 7 f -. . . . May 13, 2003. Page 1 MINUTES CITY COUNCIL WORK SESSION - May 13, 2003 A work session of the Hopkins City Council was called to order by Mayor Gene Maxwell at 6:50 p.m. on May 13,2003, at the City Hall. Council members Brausen, Johnson and Rowan were present. City personnel present were: City Manager Steve Mielke, Assistant City Manager Jim Genellie and Finance Director Lori Yager. Budget Discussion _ Mr. Mielke said while the Senate has passed a tax bill, no one knows what the final numbers will be. He feels Hopkiris will lose over $1 million in 2004 no matter what bill gets enacted. It does seem the sale of bonds for the facility should be okay, but how levy limits will end up is uncertain. Ms. Yager noted the governor's plan does not have levy limits. Mr. Mielke said if a budget is not agreed on by the end of June there would likely be a state government shutdown. When he gets actual numbers from the state, he will bring that back to the Council. Answering Ms. Yager, Mayor Maxwell said he thinks the Council will pass a resolution for the plan. Mr. Mielke then gave out a handout for 2004 options, noting the total is actually $1.3 million in potential cuts. This was sent out with employee paychecks last week with a memo stating it was not a final plan but a possible solution. Reactions have been varied. Many see it as a "done deal" instead of the tool to see if the public wants to raise revenues rather than have those cuts. Mr. Brausen noted the seniors are "up in arms." Mr. Mielke said the alternative is to fmd more revenues or alternative cuts; the question is if the public would support more revenues. Mayor Maxwell says the message has to be "If you don't want something cut, how do we pay for it?" Ms. Yager noted another option would be shared administrative jobs where Hopkins would contract with another city. She is not sure how it would work; one effect would be losing some local control. Mr. Mielke added Crystal and New Hope have already combined fIre departments and are considering combining police forces. _ Ms. Yager handed out a chart of historical property taxes. Mr. Mielke noted that in the past ten years value percentages have gone up more than tax percentages. Mr. Mielke distributed information on franchise fees, noting St. Louis Park is already including them in their planning. This could be a significant revenue source. Implementing such fees would require passing an ordinance, but no hearings are required. Utilities prefer a straight meter fee, but a percentage formula means funds rise as rates go up. There was general discussion on scheduling focus groups and public education. Consensus was to have past Council members and mayors attend the May 27 work session. It should center on showing the group what Hopkins is facing, getting feedback on what they would cut or not cut, getting reaction to franchise fees. The 2003 plan should be shown to them. Information should be sent to them ahead of time so they have a chance to study it before the meeting. Council members should call the invitees as well as the letter/information packet being sent. Department heads should also attend as resources for the discussion. At the June 3 Council meeting Ms. Yager should explain the $650,000 cut in the 2003 budget. At future worksessions May 13, 2003 Page 2 . department heads should be brought in to discuss what the present 2004 list would mean in their departments and for their suggestions. Gambling Policy Mayor Maxwell said the purpose of this on the agenda was not to discuss any particular situation but to get feedback on the way this is going. Mr. Genellie said the present moratorium ends June 29, but it can be extended. Mr. Rowan asked for clarification of "premises"; Mr. Genellie said pull-tabs do not have to be in a bar, but that is the usual place they are sold. Licenses are given by location, not association. Hopkins has always limited to "Hopkins-based" organizations rather than saying licensees must spend money in the "Hopkins trade area." Past history shows the groups spend more than ten percent on Hopkins-related projects. That ten percent could be required to be given directly to the city to be allocated, but state law limits how the city could spend it. Ms. Johnson added if the city took it directly it would add a personnel cost for the city. Mr. Mielke said what needed to be answered at this work session was "who, how and when we would discuss the policy. " Consensus was that landlords, vendors and licensed groups should be invited to a discussion centered on the present policy along with clarification of specific language as drafted by Mr. Genellie. The attendees would be asked, "Here's the current plan and here's issues to be . resolved. What do you think?" It would be clear they were being asked for input, not decisions. The moratorium shall be extended so the meeting can take place at the July 22 work session. In the meantime staff shall research expenditures by the licensees, clarify certain language issues, and City Attorney Miller shall look at other cities' policies. Conceal and Carry Mr. Genellie said he feels a policy needs to be put in place; all that is currently in place is a short section on violence prevention. Mr. Mielke said one concern is that the school district leases space in three city facilities - Depot, Art Center and Pavilion. He added St. Cloud has passed a resolution asking for more control by cities; would the Council want to join that movement? General Consensus was that staff needs to draft a policy, a determination needs to be made on what to tell people who call city hall with concerns; and all employees need to be notified they cannot carry guns to work. Other Ms. Johnson said the intersection of 51b Ave. and Minnetonka Mills had been left with a deep drop-off over the weekend. Mr. Mielke will check with Mr. Stadler about it. Mr. Brausen thanked Mr. Mielke for having Mr. Wilson call him. He had received a couple complaints about the turn from Walgreen's onto Hopkins Crossroad. Mr. Mielke said present roadwork would eliminate the problem. Mr. Rowan said neighbors on Jackson asked him if the boulevard was going to be repaired after being torn up last fall; at present it is still just sand. Mr. Mielke will check into it. Mayor Maxwell reminded others of the event for Cornerstone/American Express next , May 13, 2003 Page 3 Thursday. He said a modular house is being put in on Nineteenth. Mr. Mielke said he believes state law does not allow restrictions on them but will check. Mr. Mielke said Mr. Stahmer has talked to MTC; the 5th Ave. route will be consolidated and contracted out. Mr. Mielke said the Employee Luncheon is still in the 2003 budget; what date is wanted. Consensus was to have it on October 1. Answering Ms. Johnson, he 'said the picnic would be July 23. Mr. Mielke announced there has been interest shown in the North Annex property by a medical device company. They want to only build 100,000 sq. ft. to start and are talking to a developer about 1/3 of the site, perhaps even for a hotel. He indicated to the company for city help there would need to be more development done. They have not made a deal with SuperValu, but they are a viable company. He will keep Council updated. Mayor Maxwell asked about Shady Oaks sewer start. Mr. Mielke said the plan was to do it with Shady Oak Road; he will check with Mr. Stadler. MS.Johnson moved adjournment. Mr. Brausen seconded. Meeting adjourned at 9:20 p.m. Kasey Kester, Secretary COUNCIL MEMBERS: ATTEST: Eugene J. Maxwell, Mayor . . License Applications for Approval License # 34029 DBA Lic Type Hopkins Location Fee: Hopkins Cinema 6 Each Additional Auditorium 1118 Mainstreet $600.00 Hopkins Cinema 6 Movie Theatre, Over 700 Seats 1118 Mainstreet $375,00 Hopkins Cinema 6 Food Establishment - Level One 1118 Mainstreet $90.00 License # 34031 DBA Lic Type Hopkins Location Fee: Walgreens #06730 Tobacco Sales 1511 State Highway 7 $200,00 Walgreens #06730 Food Establishment - Level One 1511 State Highway 7 $90.00 License # 34032 DBA Lic Type Hopkins Location Fee: Walgreens #04260 Tobacco Sales 540 Blake Road North $200,00 . Walgreens #04260 Food Establishment - Level One 540 Blake Road North $90,00 ' - License # 34036 DBA Lic Type Hopkins Location Fee: Back Door Tobacco Tobacco Sales 813 Mainstreet $200.00 License # 34041 DBA Lic Type Hopkins Location Fee: EZ Foods Food Establishment - Level Two, Ti 716 - 11th Avenue South $140.00 EZ Foods Tobacco Sales 716 - 11th Avenue South $200.00 License # 34044 DBA Lic Type Hopkins Location Fee: Knollwood Amoco Gasoline Station, ea, Additional Pu 525 Blake Road North $132,00 Knollwood Amoco Gasoline Station, First Pump 525 Blake Road North $75,00 Knollwood Amoco Car Wash 525 Blake Road North $100.00 Knollwood Amoco Tobacco Sales 525 Blake Road North $200.00 . J ~ " . ... J_ L-""-= Thursday, May 15, 2003 Page J of2 . Thursday, May J 5, 2003 Page 2 of 2