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Minutes - 8/08/01A regular meeting of the Hopkins City Council was held on August 8, 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, Yager, Bot, Anderson, Tabor, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS - COMMITTEES /COMMISSIONS 1. Human Rights Commission Herb Gibbs reported that the Heritage Festival that was held in conjunction with Raspberry Festival was a huge success. Mr. Gibbs said that many participated including individuals, the Jaycees, Vail Place, and The Raspberry Festival. Mayor Maxwell thanked the participants and supporters. Council Member Hesch read Resolution 2001 -45 recognizing those who participated. Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 2001 -45, recognizing the efforts of individuals and groups in planning, promoting and conduction the Hopkins Heritage Celebration. 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. Chemical Health Commission Maureen Allen thanked all Council Members for attending the neighborhood gatherings on National Night Out. The Chemical Health Commission did not meet in July. Their August meeting was held on August 6` They are still short two members. Ms Allen said that she met with the Depot Coffee House Board. They discussed fundraising. Ms Allen said that they would like to give the Depot Board more assistance with marketing the Depot, and planning fundraisers. Council Member Jensen thanked the Chemical Health Commission for their involvement with the Depot Coffee House and stated that the members of the Depot Board work very hard with the fundraising. August 8, 2001 City Council Meeting Minutes Page 1 3. Zoning and Planning Commission Jay Thompson said that they held election of officers; they discussed and approved the CUP and Plat for Walser Chrysler and the rezoning for Knox. They did a concept review of layout plans for Medica. They discussed the Excelsior Blvd/ Milwaukee /Jackson Intersection. The big issue was whether or not to cul -de -sac Monroe or to leave limited access. Mr. Thompson said there was not a firm vote for the cul -de -sac and a four to one vote for limited access. Council Member Hesch left the Council Chambers. IV. CONSENT AGENDA 1. Minutes of July 17, 2001 City Council Meeting 2. Minutes of July 24, 2001 City Council Work Session 3. Ratify Prior Month's Disbursements 4. Award 2001 Seal Coat Contract (CR2001 -94) 5. Second Reading, Right -of -way Management Ordinance (CR2001 -95) 6. Approve Purchase of Envelope- stuffing Machine (CR2001 -95) 7. Adopt Resolution Reserving Rights to Bond for City Project (CR2001 -96) 8. Application for 3.2 Beer License for St. Joseph's Church (CR2001 -99) 9. Proposed Increase to Pavilion Rental Prime Rate (CR2001 -92) 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 Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. V. NEW BUSINESS Mayor Maxwell called for item 6 on the agenda. 6. Easement Vacation, 110 Wayside Rd (CR2001 -104) Steve Stadler said that the City Council considered this item on July 17, 2001, and continued the item until the August 8, 2001 meeting so that Council could take a closer look at the property. The resident at 110 Wayside Rd has asked that the City vacate a portion of an easement at the rear of his lot. Staff said that if the vacation occurs, there will not be room to service a water main in the event of problems. Council Member Hesch returned to the Council Chambers. August 8, 2001 City Council Meeting Minutes Page 2 In answer to Mayor Maxwell's question, Steve Stadler reviewed the timetable for passing the ordinance to vacate a portion of the easement. It was determined that the applicant would be able to build sometime in September or October. Steve Mielke responded that the process may be a little faster if the permits are issued before the comment period is over if the ordinance is not challenged. Council Members discussed the size of the easement and asked the applicant if he was willing to build the garage with no overhangs on the eaves. The applicant answered that he has no problem with that. Mr. Mielke said that if the Council wants to move forward with the vacation, they should authorize staff and the City Attorney to draft the appropriate documents and bring them back to the City Council on September 4th for approval. Council Member Jensen moved and Council Member Brausen seconded a motion to set the public hearing on September 4, 2001 for granting the easement and directed staff to prepare the appropriate documents. 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. 1. CUP, Walser (CR2001 -100) Nancy Anderson said that the applicant, Walser, has purchased the former car wash property to the west of their existing site on Mainstreet and removed the building. Walser is proposing two additions to the building on the west and south sides. The site is required to have 25 trees; the plan shows 15. The final plan will have to show drainage, proposed drainage, adequate turning radius for car delivery trucks, a plan showing lighting and electrical, removals, utilities, and pavement sections. Watershed approval is required. The use is in conformance with the Zoning ordinances and Comprehensive plan. The Zoning and Planning Commission recommended approval. David Philips, architect for Walser, reviewed the design of the additions. Mayor Maxwell said that he would like some assurance that vehicles will not be unloaded on the street. Mr. Philips assured the Council that Walser's intention is to comply with all City ordinances. Council Member Hesch moved and Council Member Brausen seconded a motion to adopt Resolution 2001 -49, approving a conditional use permit to construct additions to the existing Walser building located at 314 Mainstreet. 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. August 8, 2001 City Council Meeting Minutes Page 3 2. Preliminary and Final Plat, Walser (CR2001 -101) Nancy Anderson said that Walser has purchased the former car wash property to the west of their existing site on Mainstreet. They are proposing two additions on the south and west sides of the building. There is currently a lot line that would divide the new addition from the existing building on the west side. The building code does not allow a lot line to intersect a building with access to both buildings. The lot will be combined into one lot. Council Member Brausen moved and Council Member Jensen seconded a motion to adopt Resolution 2001 -50, approving a preliminary /final plat for Walser. 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. Approve Preliminary Layout, Excelsior /Milwaukee /Jackson Intersections (CR2OO1 -106) Steve Stadler said that with the redevelopment of the SuperValu North Annex site and Medica, it is necessary to improve access to this area from Excelsior Blvd. The City Council approved a concept plan on June 5, 2001. There have been many neighborhood meetings to review the plan. Mr. Stadler reviewed the traffic study, the trail improvements, public meeting input and the concerns of the residents, and the proposed plan. Residents of Monroe Ave S and the Harley Hopkins Family Center were in favor of a cul -de -sac without access to Excelsior Blvd. Other President Streets Neighborhood residents were in favor of limited access from Monroe to Exc Blvd. Ron Roetzel, Bolton and Menk, the engineering consultant for the project, reviewed the traffic flow that is expected through the area. And reviewed traffic volumes on Monroe Ave and the other avenues. Mr. Stadler reviewed the pros and cons of a grade separating pedestrian crossing and said that Hennepin Parks were not in favor of a grade- separating crossing. Dell Miller, Suburban Hennepin Park Systems, appeared and said that there is not enough room for a bridge and that an underground tunnel would be too long. Mr. Miller said that the experience of the Park Systems is that people will still use the street intersection when these types of conditions exist with the grade separating crossings. Council Member Jensen said that she would prefer a safer crossing. Council Members discussed the crossings, deciding that the trail needs to be well marked in this area. Council Member Jensen asked to see the berm on the South side from Monroe Ave to Harrison Ave. Mr. Stadler said that this is a preliminary design and that the design was not at that level yet. That will be shown later in the design phase. August 8, 2001 City Council Meeting Minutes Page 4 1 Council Member Jensen expressed a concern about the proximity of traffic to houses on Monroe Ave. Mr. Stadler said that there is enough land to work with so that it will not feel like the traffic is close. Steve Shaw, 301 Monroe Ave thanked the Council and staff, especially Steve Stadler for all the work put into the project and for taking the suggestions that were given for changes to the design. Residents Bruce Rowan, 9 Monroe Ave S and Paul Janke, 57 Monroe Ave S from Hopkins as well as Edina residents came forward to encourage the Council to approve the design with no access and a cul- de -sac on Monroe. The concern expressed was the increase in cut - through traffic that the residents of Monroe expect with the changes. Robert Healey, 245 Van Buren Ave N, had a concern about traffic that would come further north and cause problems at the 2n Ave N and Minnetonka Mills Rd intersection. He was especially concerned that if the Alliant Tech site is developed the combined traffic will be bad in North Hopkins. Christy Halverson, 33 Van Buren said that limited access is needed for the rest of the neighborhood. Steven Levy, the president of the neighborhood association spoke for the association. Mr. Levy said that the greater number of the residents in the association preferred the plan with limited access from Monroe. Council Member Brausen said that with the limited access, traffic control issues will need to be addressed. Mr. Brausen suggested that staff look into measures that could be implemented further down on Monroe. The Council directed Mr. Stadler to identify possible traffic calming methods that could be implemented on Monroe to deal with the cut through traffic, to work with the residents on Monroe as well as with residents of Edina on Monroe to try to resolve the issue. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 2001 -53, Resolution Approving Roadway Construct Preliminary Plans, Layout 1, for the construction of new intersections at Excelsior Blvd /Milwaukee St /Jackson Ave and Jackson Ave /St Louis St and connecting roadways. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, nay; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried. Mayor Maxwell called a break at 10:30. The meeting resumed at 10:38. 4. First Reading, Rezone Knox Property to Business Park (CR2001 -102) Nancy Anderson said that the Knox property is currently zoned 1 -2, General Industrial. The new Comprehensive Plan has designated the site as Business Park. August 8, 2001 City Council Meeting Minutes Page 5 The City is required to have the Comprehensive Plan and the zoning the same designation. This is the first property that will be changed following the adoption of the new Comprehensive Plan. In the following months, there will be a few more zoning amendments. Lonny D Thomas, attorney for the property owner, came forward and said that the city will be preventing the owner from taking advantage of the same grandfather rights that other property owners in this rezoning cycle will have. Mr. Thomas said that by rezoning the property at this time, the City will be limiting the pool of prospective tenants he will have to choose from. The Council discussed the issue. Mr. Miller, City Attorney, suggested that they approve the ordinance for first reading and delay the action on the second reading for one month to see if the situation will change for the Knox property. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2001 -51, approving Ordinance 2001 -858, rezoning the Knox site from 1 -2, General Industrial to Business Park for first reading. 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. Mayor Maxwell said that the Council would move to item 12 on the agenda. 12. Amending Fees in Chapter 10 of the Hopkins City Code Terry Obermaier said that it has been several years since the fees in Chapter 10 have been reviewed. Each department was asked to assess the costs of administering licenses, permits, and services provided and compare the costs of administration to the fee that is charged. Several fees were adjusted. Some of the fees have decreased, other fees added have been in effect, but not reflected in the fee schedule. Roland Danielson, US Bench Corporation, appeared to say that he felt that the increase in fees on bench licenses was too high. The City Council discussed the fees and the cost issues and set the fee at $30.00 per year. Mr. Danielson offered to give advertising space on the benches to promote the City if the fees were kept at $20.00. It was decided that the fee on benches would be $30.00 per bench per year and Mayor Maxwell suggested to Mr. Danielson he contact Ms. Obermaier to arrange for advertising space on benches. Mr. Danielson responded that that offer was if the fee remains at $20.00 per bench. Mayor Maxwell said that the fee would be at $30.00 and suggested that we could use advertising space a couple of times per year. Mr. Danielson did not respond. August 8, 2001 City Council Meeting Minutes Page 6 1 ti Council Member Brausen moved and Council Member Hesch seconded a motion to adopt Resolution 2001 -54, Resolution Amending Fees in Chapter 10 of the Hopkins City Code, with the condition that new fees on pawnshop licenses will go into effect only if the new ordinance on pawnshops is adopted and that the fee for benches is set at $30.00. 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. Mayor Maxwell said that item 10 from the agenda would be heard next. 10. Skate Park Usage (CR2001 -105) Kathleen Taber said that a private rental of the Overpass Skatepark is scheduled for September 8, 2001. The Greenbergs requested a private event that includes a professional aggressive skating demonstration and food and beverages, including alcohol. There will be no skating by guests at the event. The event was booked with the conditions that the proper release of liability, rental contract, licenses, security, and insurance requirements would be met. An Overpass Skatepark general use and rental policy will be presented to the Council within ninety days. The Council briefly discussed the issue of the use of alcohol at this facility. Council Member Hesch and Mayor Maxwell stated that when the final policy is addressed, the users of the Depot and Skatepark (Youth) should be involved in the process. Council Member Jensen moved and Council Member Brausen seconded a motion to approve the rental of the Overpass Skatepark for the Greenberg Event scheduled September 8, 2001, at the Skatepark, with the understanding that an Overpass Skatepark general use and rental policy will come before the Council within ninety days. 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, nay. The motion carried. 5. Schedule Public hearing for Moratorium, Re: East End Study Area Council Member Jensen moved and Council Member Brausen seconded a motion to continue this item to the August 21 meeting. 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. 7. Approve Amendment, SuperValu Perishable Warehouse CUP Agreement (CR2001 -103) Steve Stadler said that the original CUP agreement required SuperValu to attempt to acquire property along the north side of 3r St and construct a new trail section by July 1, 2001 or as soon as reasonably practicable after property acquisition. August 8, 2001 City Council Meeting Minutes Page 7 SuperValu tried to purchase the property and was not successful and asked the City to consider eminent domain taking. This amendment requires the property purchase to be completed by October 1, 2001 and the trail segment to be completed by July 1, 2002. Council Member Johnson moved and Council Member Hesch seconded a motion to approve a second amendment to SuperValu Perishable Warehouse CUP Agreement, which defers construction of a trail along 3' St S until no later than July 1, 2002. 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. Steve Stadler asked that item 11 be next. 11. Approve Change Order for Lot 500/600 Reconstruction Project (CR2001 -97) Steve Bot said that many unknown conflicts, problems, and issues have surfaced during the construction of this improvement. These unknowns have necessitated changes to the plans and added costs to the project. The majority of the cost ($37,971.16) was caused by unknown utilities. $2,127 is to address safety concerns that were brought up after the construction had begun. Necessary changes to the electrical lighting came to $7,341.50. The additional amount of $4,223.50 is for the redesign of the drive between Driskill's and Richards Liquor. The redesign was needed to prevent water from running toward the service door located on the east side of Driskill's building. The budget remains at $639,824.40. The change order amount is within the 10% project contingency. Council Member Hesch moved and Council Member Brausen seconded a motion to approve Change Order number 1 as it relates to Parking Lots 500 and 600 and 10` Ave 11` Ave N Improvements, City Project 98 -12. 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. 8. Second Quarter Financial Report, Memo Lori Yager, Director of Finance reviewed the second quarter finances of the City. Ms. Yager reviewed the revenues, expenditures, investments and various funds for the second quarter. The City remains to be financially sound. No action was taken. August 8, 2001 City Council Meeting Minutes Page 8 1 6 9. Credit Card Implementation (CR2O01 -107) Lori Yager said that City customers have been inquiring about credit and debit card use for services. The initial setup and equipment costs are approximately $3,000. The projected processing costs per month are estimated at $1,500. These costs may be offset by having a larger deposit in the bank at Wells Fargo or by increasing fees slightly. Ms. Yager said that this is being done to provide better customer service. Council Member Hesch moved and Council Member Brausen seconded a motion to approve implementation of merchant credit card use at all City locations. 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. VI. 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 12:04 a.m. Respectively Submitted, Terry Obermaier, City Clerk ATTEST: Eugene J. Maxwell, Mayor COUNCIL MEMBERS August 8, 2001 City Council Meeting Minutes Page 9 I