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09-02-2008A regular meeting of the Hopkins City Council was held on September 2, 2008, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Youakim, Brausen, Rowan, and Halverson. Also, present were staff members Getschow, Genellie, Stadler, Elverum, Harkess, Bradford, and City Attorney Wynn Curtiss. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:38 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS 1 . Zoning and Planning Commission The Zoning and Planning Commission held a public hearing on August 26, 2008 on an Ordinance Amendment that would allow animal day care in the B-3 Zoning Districts. The Commission recommended approval. The Commission also discussed the parking lot for Japs-Olson. The Commission came to two solutions; the first being to help Japs-Olson achieve the expansion and the other to wait for a different type of redevelopment on the combined Kunz Oil/Rainbow site. IV. CONSENT AGENDA 1 . Minutes of August 19, 2008 City Council Meeting 2. Minutes of August 19, 2008 City Council Work Session 3. Minutes of August 26, 2008 City Council Work Session 4. Approve LRT Regional Trail Winter Activities Permit (CR2008-076) 5. Appoint Dave Taber to the Human Rights Commission (Memo) 7. Ratify Checks Issued in August 2008 (Memo) 8. Miscellaneous Licenses for Approval (Memo) 9. Order Public Hearing, 2008 Miscellaneous Special Assessments (CR2008-081) 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 Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. September 2, 2008 City Council Meeting Minutes Page 1 V. NEW BUSINESS 1 . Concept Review -Japs-Olson Expansion (Memo) Japs-Olson Company is located in St. Louis Park, adjacent to Hopkins. The Company is proposing to expand on their present parking area and would like to use the Kunz Oil property for a parking lot. The Kunz Oil property includes portions in both Hopkins and St. Louis Park. The north side of the site is in St. Louis Park. Currently the Kunz Oil property is zoned I-2, General Industrial. The parking lot use is not allowed in that zoning district as a primary use, but as an accessory use. Kersten Elverum, Director of Planning and Economic Development, reviewed the options with the Council. Issues included land use and the need to change the zoning code to allow parking lot as a conditional use for this property, tax base implications, structured parking options, and tax sharing options. Staff and Japs-Olson Company requested direction from the Council. Robert Murphy, CEO, Japs-Olson, and came forward. Mr. Murphy reviewed a history of the company and the growth that brings them to this request. Mr. Murphy went over site plans for the expansion and parking lot. Morris Sherman, attorney for Japs-Olson, also appeared. Mr. Sherman said that they have looked at all the options and all but the only one that is financially feasible to them is the parking lot. Mr. Sherman spoke of the benefits to the City of Hopkins that Japs- Olson provides. The consensus of the City Council was to work together with Japs-Olson and St. Louis Park to prepare a plan that would not prohibit the future redevelopment that the City Council envisions for this site. No action was taken. 2. Approve Temporary Easement Agreement with Hopkins Independent School District 270 (CR2008-081) The City entered into a 25-year agreement with the School District for the construction, maintenance, and use of eight tennis courts in 1977. The agreement lapsed in 2002 because the property was reconfigured as part of the site work for the Public Works and Fire Station construction projects. The remaining four tennis courts are now in need of reconstruction. Staff has negotiated a new 30-year easement agreement granting the City continued use of the tennis courts, the adjacent hockey rink, parking lot, and play equipment area. The City attorney worked with City staff in negotiating the terms of the agreement. The School Board is expected to act on the easement at the September 4t" Board meeting. September 2, 2008 City Council Meeting Minutes Page 2 Council Member Youakim moved and Council Member Rowan seconded a motion to approve a temporary easement agreement between Hopkins Independent School District 270 and the City of Hopkins granting the City easements for recreational and parking purposes. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Award of Bid - 2008 Central Park Tennis Court Improvements, City Project 08- 06 (CR2008-074) The existing courts are 28 years old and current conditions are beyond a crack seal and color coat reseal repair. The 2008-2012 CIP includes a project improvement amount of $50,000 for 2008, funded from the Park Dedication Fund. The 2008 Central Park Tennis Court Improvement Project bid opening was held on August 13, 2008. The low bid was from Midwest Asphalt in the amount of $79,000. The Engineer's estimate was $71,921.92. Staff recommends award of this contract. The difference between the bid amount and the amount in the CIP will be made up from the cost savings of other projects in the CIP. The Council discussed re-bidding the project in the spring. Mr. Bradford stated that asphalt costs could go up or down by next spring. The reason they are doing it so late in the year is because of the use schedule of Park and Recreation. Council Member Halverson moved and Council Member Brausen seconded a motion to adopt Resolution 2008-045, Resolution for Award of Bid, Project 08-06, awarding the 2008 Central Park Tennis Court Improvements Project contract to Midwest Asphalt Corporation. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Adopt Ordinance Amending City Code Section 830, Parks, Recreational, and Passive areas (2008-080) This past July 4t", the Interlachen neighborhood association sprayed for mosquito control at Interlachen Park prior to their annual Independence Day picnic event. Subsequently, the City received a complaint from a resident adjacent to the park that they hadn't received a notice of the spraying, were concerned as to what was sprayed and that requirements of State Law weren't followed. State Statutes require that when applying chemicals for mosquito control, there are no practicable and effective alternative means of control; that the pesticide is among the least toxic available for control and; that notification of residents in the area to be treated is provided at least 24 hours before application. September 2, 2008 City Council Meeting Minutes Page 3 The change to the ordinance would require written approval from the City for the application of chemicals prior to the application. The City could impose conditions prior to approval. Council Member Rowan moved and Council Member Halverson seconded a motion to adopt for first reading Ordinance 2008-1003, amending City Code Section 830. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Approve Resolution 2008-049, Regarding Levy and Budget (CR2008-082) The Truth in Taxation process requires the City to certify a proposed levy and set public hearing dates in conformance with state statute. A proposed general fund budget has been established. Adoption of the actual budget will occur in December. The final levy may not exceed the approved proposed levy. The City Council discussed the proposed budget at the August worksessions. Christine Harkess, Finance Director, gave a presentation of the 2009 Preliminary Levy and Budget. Council Member Brausen moved and Council Member Youakim seconded a motion to adopt Resolution 2008-049, Approving Proposed 2009 Tax Levy, Debt Service Levies at Levels Under Those Required in the Bond Covenants, Proposed 2009 General Fund Budget, and Setting Public Hearing Dates. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 6. Approve 2009-2013 Equipment Replacement Plan (CR2008-083) The Equipment Replacement Plan (ERP) is a detailed summary of the next five years of a twenty-year replacement schedule of most equipment in the City. General and Special Revenue fund equipment items are placed in the Equipment Replacement Fund budget, which derives its revenues from service charges to the General and Special Revenue funds, equipment sales and interest earnings. Approval of the 2009-2013 ERP allows staff to incorporate the 2009 ERP items into the 2009 budgets and begin preparation for their purchase. The ERP was discussed by the Council at the August worksessions. Christine Harkess, Finance Director, gave a presentation of the ERP. Council Member Rowan moved and Council Member Halverson seconded a motion to adopt the 2009-2013 Equipment Replacement Plan. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. September 2, 2008 City Council Meeting Minutes Page 4 7. Resolution Approving the 2008-2009 Goals and Strategic Plan (CR2008-084) The City Council has been meeting throughout 2008 to revise the 2007-2008 goals and create these new goals and strategic plan. The goals and strategic plan publicly state those items that the Council wishes to accomplish above and beyond the normal operations and everyday services that are provided by the City. The City Council discussed issues affecting the City of Hopkins. Draft goals and action steps were then developed from those discussions. The plan was then discussed with other groups and organizations. City Manager Rick Getschow gave a presentation of the goals and strategies of the plan. Council Member Youakim moved and Council Member Halverson seconded a motion to adopt Resolution 2008-050, adopting the goals and strategic plan for the City of Hopkins for 2008-2009. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member moved and Council Member seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:19 p.m. Respectfully Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: J .~~ Eug axwell, ayor September 2, 2008 City Council Meeting Minutes Page 5