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Agenda HOPKINS CITY COUNCIL FINAL AGENDA . MARCH 20, 2001 7:30 p.m. THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 7:00 pm - Special HRA Meeting 7:30 pm - City Council meeting Work session at conclusion of City Council meeting . . 1. CALL TO ORDER ll. 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. 2. 3. Minutes of March 6, 2001 regular City Council meeting Minutes of March 13, 2001 City Council Work Session Approve resolution authorizing Hopkins Fire Dept to continue as State of MN hazardous materials chemical assessment team, (CR2001-33) - Beckering Vote: Brausen Jensen Hesch Johnson Maxwell V. PRESENTATIONS 1. Murder mystery winner, Strandness VI. NEW BUSINESS 1. Approval of CUP agreement, Semper Development, (CR2001-35) - Anderson Vote: Brausen Jensen Hesch Johnson Maxwell 2. Approval of CUP agreement, Hopkins House, (CR2001-36) - Anderson Vote: Brausen Jensen Hesch Johnson Maxwell i QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) II . . . 3. Approval of final plat, Hopkins House/Semper, (CR2001-37) - Anderson Vote: Brausen Jensen . Hesch Johnson Maxwell 4. Contract East End study, Hoisington Koegler, (CR2001-34) - Kerrigan Vote: Brausen VII. ADJOURNMENT Jensen Hesch Johnson Maxwell QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) . . . A regular meeting of the Hopkins City Council was held on March 6, 2001, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Hesch, and Johnson. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Elverum, Yager, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:40 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS - COMMITTEES/COMMISSIONS 1. Planning Commission Maura Swanson said that Medica presented changes in their plan. The plans are still not finalized. There is a possibility of moving the building to a different location on the lot because of drainage. One resident expressed a concern about the access in relation to the Rail Road tracks. The Steiner property was discussed. Concept plans were reviewed. Two for the property were a hotel or an office building. Two residents were against a hotel; one was for it. Traffic was the issue. Rezoning would be required for either development. . Amendments to the Zoning Ordinance were discussed. The Commission talked about the number of vehicles to allow. They discussed a limit of three with more allowed if there were more licensed drivers. They will look at other cityies' ordinances. No decisions were made. IV. CONSENT AGENDA 1. Minutes of February 20, 2001, City Council Meeting 2. Minutes of February 27, City Council Work Session 3. Refund of License Fees - Hopkins Bowl (CR2001-31) 4. Ratify Checks Issued in February 2001 Council Member Johnson moved and Council Member Jensen 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 Hesch, aye; March 6, 2001 City Council Regular Meeting Minutes Page 1 Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. . v . PRESENTATIONS 1. Empty Bowls; Barb Westmoreland, Jim and Marti Justus Barb Westmoreland said that the third annual Empty Bowls will be held on March 20th, from 11 :00 a.m. to 7:00 p.m. This year they are expecting 1700 to attend. The first year, 800 attended and the project raised $12000. Last year 1200 attended and the project raised $28000. Jim Justus said that the goal this year is $32,000. SuperValu has given a $5,000 challenge grant. They have raised $1 2000 to date and are hoping to raise 3000 more before the event. Marti Justus said that her second grade class at Meadowbrook School is working on bowls. The school art departments are very supportive.of Empty Bowls. 2. Library Project Update . Charles Brown, Hennepin County Libraries, and Carolyn Muchow, Head Librarian in Hopkins, appeared to share the updated remodel plans for the Hopkins Library. Mr. Brown said that the Hennepin County Board of Commissioners and in particular Commissioner Mary Tambornino have been extremely supportive of the project. Mayor Maxwell said that Mary Tambornino was in attendance and asked her to come forward. Carolyn reviewed the history of the library and shared some of the detail plans with the Council. Mr. Brown said at this time they are planning to begin the renovations next spring (2002), hopefully in March. The library will be closed for nine to ten months. 3. Tobacco Compliance Issues, Todd Triechler Todd Treichter, oWner of Butch's Mainstreet Market, appeared to question the policy of charging both the licensee and the clerk with administrative fines for selling tobacco to under age youth. Council discussed the remedies. Attorney Jerre Miller said that the accused are to petition for a hearing within twenty days. That requirement was not fulfilled in this case. The Council discussed the possibility of changing the ordinance where the fine is levied against both the husband and wife. Council Member Jensen said that the intent was never to fine two members of the same family. . March 6, 2001 City Council Regular Meeting Minutes Page 2 . . . Council Member Hesch moved and Council Member Jensen seconded a motion to discuss changes to the ordinance at a future work session. A poll of the vote was as follows: Council Member Brausen, nay; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, nay; Mayor Maxwell, nay. The motion did not pass. VI. PUBLIC HEARING 1. Public Hearing, Knollwood Pond Improvement Project (CR2001-27) Steve Stadler said that the Council ordered a feasibility study on the Pond Improvement Project in January 2001. In February 2001, a public hearing was ordered. Hearing notices have been sent to all affected property owners. Because of the limited scope of the improvement and the high level of neighborhood support, the final plans have also been completed. Mr. Stadler requested that the Council consider the plans after the public hearing. The total estimated project cost is $75,000. The estimated assessment is $52,500. Each Knollwood property assessment is estimated to be $1,010. Mayor Maxwell opened the public hearing at 8:44 p.m. Herb Rosen, 601 Oakridge Rd, and Michael Murphy, 203 Wilshire Walk, said that they don't live near the pond and are being assessed the same as those who live right next to the pond, and that the improvements have no benefit to them. In answer to questions from the Council, Mr. Stadler said that the city is involved because the pond is a storm water retention pond and there are storm water issues that need to be resolved. Resolving these issues serves a public purpose. Randy Engel, 810 Valley Way, president of the Knollwood Neighborhood Association, said that the retention pond collects run-off from the whole area and benefits the whole neighborhood. All but four properties in the neighborhood drain into the system, eventually ending in the pond. Eighty to ninety percent of water shed goes into Knollwood pond. Mr. Engel said that 18 to 24 of the properties were represented at the meetings. Those present expressed overwhelming approval. Jocelyn Gorlin, 805 Park Terrace, and Terry Hork, 820 Edgemore Dr said that they appreciate the pond and want the area preserved for children. Many from the area come to the island. Ms. Gorlin said that erosion is the problem. The amenity is of benefit to all. Maxeen Vashro, 315 Cottage Downs, said that the assessment would cause her financial hardship. March 6, 2001 City Council Regular Meeting Minutes Page 3 City Attorney Jerry Miller said that the petition came from the neighborhood and that there is a public benefit. . Steve Wahl, 306 Wilshire Walk, said that he lives on the smaller pond. The ponds benefit most of the neighborhood. Mr. Wahl suggested that Council approve the plans tonight and that the neighborhood meet to decide if there is an alternative funding method before the assessment hearing. Other ideas can be brought to Councilor the neighborhood can decide not to do the project. City Manager said that the City has a policy of doing the Storm Sewer improvements that are needed. Staff and consulting engineers have determined that there is erosion that needs to be repaired. The neighborhood has petitioned for more than the City would normally do. Mr. Mielke suggested moving the project forward and allow the neighborhood to discuss funding. Council Member Hesch moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 9:20. Council Members discussed their concerns that association members consisting of about one half of the neighborhood voted to assess the entire neighborhood. . Council Member Hesch suggested that the project be bid in two parts, one being what is necessary and the other being the entire project. All of the neighborhood should get together before the assessment hearing to determine how the project should be funded. If they cannot agree, the City should do only the necessary repairs. In answer to Council Member Jensen's question, City Attorney Jerre Miller said that drainage, retention, detention are the issues. The purpose of the ponds is to collect storm water and serve the entire area. There is a neighborhood benefit. The ownership of the pond is not an issue. Council Member Johnson said that tl;1e City should call and hold a meeting for the whole neighborhood. In answer to Council Member Brausen's question, Mr. Stadler said that the neighborhood is well defined and that the apartment houses are outside of the neighborhood area. Council Members discussed the options. It is understood that Mr. Stadler will obtain two bids, one with the minimum improvements that will be provided by the City and one that will include the whole project. After the bid is obtained, Mr. . March 6, 2001 City Council Regular Meeting Minutes Page 4 . . . Stadler will hold a neighborhood meeting for input from the entire neighborhood regarding the assessed amount. Mayor Maxwell moved and Council Member Hesch seconded a motion to adopt Resolution 2001-14, Resolution Ordering Improvements After Public Hearing, Project 00-14; and adopt Resolution 2001-13, Resolution Approving Plans and Specifications for Knollwood Pond Improvements and Authorize Advertising for Bids. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, a"ye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. 2001 Community Development Block Grant (CDBG) Funds (CR2001-25) Kersten Elverum said that the City will receive $150,353 from the Urban Hennepin County CDBG program. The funds will be received on July 1, 2001 and must be expended by December 31, 2002. Staff recommended that the funds be used as follows: $111,053 - Public Housing Improvements $ 14,300 - Activity Center Improvements $ 20,000 - Sojourner Project, Inc. $ 5,000 ~ Community Action for Suburban Hennepin (CASH) Ms. Elverum said that the Resource Center for Fathers and Families requested $1,500. The activity did not meet the qualification requiring it to be directly related to the goals of a department of the City. Council Member Johnson asked why we would support Sojourner, typically women and children, but not the fathers. Kirsten answered that the programs are different in that one is housing, removing the victim from the home, and the other is counseling. The City Police Department refers to Sojourner, not to Fathers and .. Families. Ms. Elverum answered Council questions by stating that the funds are for the building project. The funds are not given until the project begins. The new director of Sojourner came forward and said that she has worked with both perpetrators and victims. She hopes that both programs will eventually be part of Sojourner. Pat Lind, President of Sojourner Board, said that they have been working at fund raising for the project for about three months and that things are moving right along. Ms. Lind gave a brief history of Sojourner and said that it has become a. model throughout the country. Mayor Maxwell opened the public hearing at 9:48 p.m. A representative from CASH came forward to thank the Council for the funds. March 6, 2001 City Council Regular Meeting Minutes Page 5 Council Member Jensen moved and Council Member Johnson seconded a motion . to close the public hearing. The public hearing was closed by unanimous consent at 9:50 p.m. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt resolution 2001-12, approving the proposed program for the 2001 Urban Hennepin County Community Development Block Grant (CDBG) Program fund authorizing its submittal to Hennepin County. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member; Council Member Hesch, aye; Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS 1. Final Design, Order Bids - Lot 500-600 Parking Lot Reconstruction Project (CR2001-30) Steve Stadler said that the Council conducted a public hearing in January of this year and authorized the project to proceed, allowing the preparation of plans and specifications. RLK-Kuusisto, Ltd has prepared the plans. Mr. Stadler said that staff is asking for approval of the plans and authorization to continue to the bidding . process. The total cost of the project is estimated to be approximately $242,604.79 for 10th and 11th Aves Nand $229,451 for the parking lots. Mr. Stadler said that City Council and staff are still working on a policy for the funding of the project. A decision will need to be made by April 17th in order to assess the project. Gary Brown, RLK-Kuusisto, reviewed the final plans. Mr. Brown said that he had a chance to speak with most of the business that will be affected. He reviewed the drainage issues. . Council Member Jensen moved and Council Member Hesch seconded a motion to adopt Resolution 2001-15, Resolution Approving Plans and Specifications, Parking Lots 500 and 600 and 10th and 11th Aves N Improvements, Project 98-12 and Authorizing Bids. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member .Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Revision to CUP Agreement, SuperValu Perishable Warehouse (CR2001- 26) Jim Kerrigan said that the CUP Agreement requires 5th St S to be realigned to the . south by about four feet. By moving 5th St N to the south, the internal drive lane March 6, 2001 City Council Regular Meeting Minutes Page 6 . . . on the perishable site would be wider for the additional movements on the site with the closure of the 11 th Ave S access. This would have required that SuperValu purchase additional right-of-way along the south side of 5th St S. SuperValu is now proposing to not move the street and all of the improvements on the south side of 5th St S will be in the existing right-of-way. SuperValu is making internal changes to their site so the additional right-of-way will not be needed. Council Member Hesch moved and Council Member Brausen seconded a motion to approve an amendment to the conditional use permit agreement to construct an addition to the perishable warehouse. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. 8th Avenue Streetscape Concept Design (CR2001-29) Steve Stadler said that the 2001 street/utility improvement project includes milling and overlaying the 8th Ave N pavement from Exc Blvd to 1st St N. A streetscape improvement is also needed to enhance the appearance of this corridor. The 1993 strategic plan includes a specific goal to enhance the link b!3tween Exc Blvd and Mainstreet. Mr. Stadler said that the estimated cost of the project is $225,000. Mr. Stadler reviewed the scope of the project. Bruce Chamberlain, Koegler Hoisington, reviewed the plan. Council Member Johnson asked if signage could be put up for the trail system at Mainstreet. Council Member Johnson said that people get lost in that area. Council Member Johnson moved and Council Member Jensen seconded a motion to approve concept streetscape improvement plans for 8th Ave N from Exc Blvd to 1st St N, authorize preparation of construction plans and approve addendum no. 1 to existing engineering services contract with Bolton & Menk, Inc. in the amount of $10,296 and add signage for the trail system from the north segment of the original trail to the south segment of the original trail. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4, Creation of Capital Improvement Fund (CR2001-32) Lori Yager said that the City currently has three Capital Improvement Funds. The three funds are limited and specific in how they can be used. The new fund would be used for all other cases that are not included in the three current funds. March 6, 2001 City Council Regular Meeting Minutes Page 7 The 2000 General Fund budget is currently under budgeted by about $250,000. . One reason for the excess funds is because the fire hall roof that was budgeted for replacement in 2000 was not replaced. The replacement is being reevaluated. The $100,000 for the roof will be used to start the fund. Future funding can come from excess revenues from the general fund. Funding could also include grants, reimbursed. expenditures, excess PIR funds or additional levy. Council Members discussed the ways that the fund could be used. Council Member Jensen moved and Council Member Johnson seconded a motion to approve the creation of a new Capital Improvement fund using unexpended revenues with the condition that Council will set up guidelines on how the funds will be used at a later date. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. First Reading, Right-of-way Management Ordinance (CR2001-28) Steve Stadler said that the existing Section 805 of the Hopkins City Code regulates excavating in the City's streets. The proposed ordinance follows a new model ordinance that was developed by the City Engineers Association of MN and the League of Minnesota Cities. The new ordinance is more detailed on the permitting . process, administration, restoration, and financial responsibility for rights-of-way users. The new ordinance makes provisions for: 1) Requires rights-of-way users to register with the City; 2) Requires registrants to submit a plan of projected construction or major maintenance for underground facilities; 3) Requires excavation or obstruction permits and conditions of issuance; 4) Allows the City to recover management costs, and; 5) Establishes the level of street repair based on the type of excavation and the age of the road. Mr. Stadler said that he will bring a resolution setting fees with the second reading. , Council Members discussed timelines, street restorations and the degradation fee. Council Member Brausen moved and Council Member Jensen seconded a motion to adopt for first reading Ordinance 2001-854, repealing section 805 of the Hopkins City Code in its entirety and enacting a new section 805. A poll of the vote was as follows: Council Member Brauseri, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Announcements: Council Member Johnson announced that Caring Youth will be held on Thursday, at 6:45, in the Minnetonka Community Center. . March 6, 2001 City Council Regular Meeting Minutes Page 8 . . . Mayor Maxwell announced that the St. Patrick's Day parade will be at 2:30 on the 17th, VIII. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at p.m. Respectively Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: Eugene J. Maxwell, Mayor March 6, 2001 City Council Regular Meeting Minutes Page 9 Sorry this took so long to proof, but the meeting was so lengthy. Two things, first the simple one. Under the first item of new business (parking lots), you say "Council Member moved" and Council Member seconded" with no names attributed to whom those council members are. Second item is the wording of the motion for the Knollwood Pond.. Although I state up above what our intention was (the two different bids), and Dianne/Rick add their changes, those changes are not reflected in the motion at all and neither the motion nor the minutes anywhere show consensus by the council for adding those items to the process, which I know was the intention. Thanks for reviewing this and checking this out. Fran A paragraph was added on page four to reflect these concerns. March 6, 2001 City Council Regular Meeting Minutes . . . Page 1 0