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Agenda HOPKINS CITY COUNCIL FINAL AGENDA . Septem ber 19, 2000 7:30 p.m. 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. REPORTS - COMMITTEES/COMMISSIONS 1. Chemical Health Commission 2. Park Board IV. CONSENT AGENDA . 1. Minutes of August 29, 2000 regular City Council work session 2. Minutes of September 5,2000 City Council meeting 3. Ratify prior month's disbursements 4, Final payment, 2000 alley project, (CR2000-152) - Gessele 5. Building Quality Communities Resolution, (CR2000-154) - Mielke (video to be played) (\l ~ '. I 6. Reappointments to the Charter Commission, (GR2B8e..1-57) - Genellie Vote: Brausen Jensen Hesch Johnson Maxwell V. NEW BUSINESS 1. Hopkins Center for the Arts Inc. Cooperative Agreement, (CR2000-155) - Strachota Vote: Brausen Jensen Hesch Johnson Maxwell 2. Appointment of City of Hopkins as Administrative Agency - N.W. Metro Drug Task Force, (CR2000-153) - Liddy Vote: Brausen Jensen Hesch Johnson Maxwell . QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) 3. Authorization of Feasibility Report and Approval of Engineering Services Agreement, 2001 Street and Utility Improvements, (CR2000-156) - Gessele . Vote: Brausen Jensen Hesch Johnson Maxwell VI. ADJOURNMENT . . 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 September 5, 2000, 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, 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 There were none, III. REPORTS - COMMITTEES/COMMISSIONS There were none. IV. CONSENT AGENDA . 1 . Minutes of August 15, 2000, regular City Council Meeting 2. Minutes of August 22, 2000, City Council Work Session 3. Ratify Prior Month's Disbursements 4. Approve Cooperative Agreements with Hennepin County/Excelsior Boulevard Streetscape Funding (CR2000-148) 5. Award Bid for Parking Lot 750 Construction (CR2000-151) 6. Order Assessment Roll, 2000 Alley Project (CR2000-146) 7. Order Public Hearing, Miscellaneous Assessments (CR2000-144) Council Member Hesch asked if the funds for Exc Blvd from Hennepin County would replace other streetscape funds. Steve Stadler said no, those funds will be in addition to other financing. Council Member Hesch moved and Council Member Johnson 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; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. V. OA TH OF OFFICE . Warren Woodrich gave the oath of office for the Human Rights Commission, September 5, 2000 City Council Meeting Minutes Page 1 . VI. PUBLIC HEARING 1. Second Reading, Vacation of 6th Ave S, Re: SuperValu Perishable Warehouse. (CR2000-145) Jim Kerrigan said that SuperValu is proposing to vacate 6th Ave S from 3rd St 5 to 5th 5t 5. This will provide 5uperValu with internal access to the perishable site and new warehouse area. The first reading was held on August 15, 2000. Nothing has changed since the first reading. The ordinance will take effect twenty days after publication. The council will still have to approve a conditional use permit agreement, Mr. Kerrigan also said that public utility easements will not be vacated. Mayor Maxwell opened the public hearing at 7:47 p.m. No one came forward 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 7:48 p,m. . Council Member Brausen moved and Council Member Jensen seconded a motion to adopt Ordinance 2000-842, providing for the vacation of 6th Ave 5 for second reading and ordered published. 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. Cable Franchise lCR2000-143) The representatives from the Cable companies were not able to attend until later because of public hearings in other cities. Council Member Hesch moved and Council Member Jensen seconded a motion to continue this item to the last item on the agenda. 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. Tax Rate Increase lCR2000-142) Lori Yager said that a new law requires cities with populations over 500 to hold a public hearing if there is a possibility of a tax rate increase due to a proposed increase . in the net tax capacity, allowing a discussion of this issue prior to the public hearings on the final levy and budget adoption in December. Ms, Yager said that last year the debt service was excluded from the levy, but has been included in the 2000 levy. September 5, 2000 City Council Meeting Minutes Page 2 . This will allow the City to levy for debt. Ms. Yager said that for years, there has been a levy limit on the non-debt levy, but the debt service levy has had no limit, Mayor Maxwell opened the public hearing at 7:58 p.m, No one came forward. Council Member Johnson moved and Council Member Hesch seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7:59 p,m. Council Member Jensen moved and Council Member Brausen seconded a motion to adopt Resolution 2000-58, authorizing a tax rate increase for the 2000 tax levy, collectible in 2001. 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. VII. NEW BUSINESS 1. Approve Preliminary Budget and Levy (CR2000-1 50) . Lori Yager said that the truth in taxation process requires the City to adopt a proposed levy and set dates in conformance with state statute and a preliminary general fund budget must be established. Adoption of the actual budget will be in December, The total property tax levy increase is approximately $339,000. Ms, Yager explained three options, which would increase the budget from 3.4% to 5.5% and reviewed the tax bill and how it is proportioned with the City's portion being 26% of the total bill. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Resolution 2000-63, approving proposed 2000 tax levy collectible in 2001, adopting a preliminary 2001 general fund budget, and setting public hearing dates. 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. South Hopkins Traffic Control Steve Stadler said that in response to the SuperValu project and the closure of 61h Ave S, South Hopkins traffic patterns were looked at. Engineering Consultants recommended re-striping 111h Ave S to four lanes in the 600 block. . Mr. Stadler said that he and Chief Reid met with South Hopkins neighborhoods and that the group approved the plan for re-striping. Mr. Stadler said that he also talked September 5, 2000 City Council Meeting Minutes Page 3 .....:...--.. - . with business owners and building owners on the east side of 11th Ave 5 and that all but two business owners supported the plan. Council Members discussed the names of the businesses on the east side of 11 th Ave 5, how school busses would be effected, and removal of parking on the east side of the street, Council Member Hesch moved and Council Member Jensen seconded a motion to approve re-striping of 11th Ave 5 to four lanes from just north of 6th St 5 to just south of Th St S. 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. Resolution on Regional Bike Trail Connection (CR2000-149) Steve Stadler said that in 1998 the City Council supported the Hennepin County Trail extension improvement project with the idea that we would continue to look at the safety of that crossing. When the City Council moved to support the project, the Council also asked that the Hennepin County Board and Highway Department look at options for crossing Exc Blvd, including surface and raised crossings. The proposed . resolution expresses the City Council's continued concern with the safety of the existing crossing and requests the development of a safer crossing. The Council discussed the possibility of an above-grade crossing, Mr. Mielke said that when the SuperValu annex is redeveloped, that would be a possibility. At this time, there is not enough land to accomplish that. Council Members also discussed the possibility of stripping the trail more frequently, changing the crossing to be less of a diagonal path, adding signage to the trail, and the possibility of adding rumble strips, Mr, Mielke said that the suggestions would be included in his cover letter to the Hennepin County Park Board. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2000-64, a resolution requesting additional Hennepin County Parks action to improve the current trail crossing of Excelsior Boulevard. 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. Public Hearing, Cable Franchise (CR2000-143) Jim Genellie said that the City has received two proposals for new cable franchises. . 5tate law requires a public hearing be held to allow for an opportunity for comment on the proposals. Mr. Genellie said that the Southwest Suburban Cable Commission and its attorney have reviewed the proposals and found that Everest Connections September 5, 2000 City Council Meeting Minutes Page 4 . Corporation and WideOpenWest possessed the requisite legal, technical and financial qualifications to construct and operate a cable system. Mr. GenelJie said that this is the first step towards granting the franchise, The next step is negotiating the franchise, which will take several months. In the franchise agreement, the City should request performance bonds and restoration of rights-of-way if they do not complete the project. Brian Grogan, Moss and Barnett, the attorney for the Cable Commission, said that the Southwest Cable Commission approved both companies legally, financially, and technically" Council Members discussed the standards for the finding, the lack of standards, and the extent to which the City can regulate the rights-of-way. John Manka, Chris Julian and Sean Stewart from WideOpenWest came forward. Mr. Manka told the Council that they were in the process of franchising in other Cities, who is financing the company, the type of technology being used, and the services that will be offered. Carol Wolff appeared for Everest and gave background information for the company. . Kim Roden, Time Warner Cable Company, said that they feel that there is already competition for their product, and that the technology that they offer is the newest. Ms. Roden encouraged the Council to carefully consider the qualifications and was hopeful that the new companies would be required to operate in the same manner as Time Warner. Mayor Maxwell opened the public hearing at 9:31 p.m. Dr. Paul Slaton came forward and said that he is no longer a resident of Hopkins, but that he was a member of the original South Suburban Cable Commission. He encouraged the Council to consider the advantage to having more than one cable company provider. Council Member Jensen moved and Council Member Brausen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 9:33 p.m, Council Members discussed reasonable financial requirements, cash on hand and performance bonds. . Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 2000-59, finding that WideOpenWest possesses the requisite legal, technical and financial qualifications to construct, own and operate a cable September 5. 2000 City Council Meeting Minutes Page 5 ~ . communications system. 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. Council Member Hesch moved and Council Member Johnson seconded a motion to adopt Resolution 2000-60, finding that Everest Connections Corporation possesses the requisite legal, technical and financial qualifications to construct, own and operate a cable communications system, 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. VIII. ADJOURNMENT There being no further business, Council Member Hesch moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:46 p.m. Respectively Submitted, . Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: Eugene J. Maxwell, Mayor . September 5, 2000 City Council Meeting Minutes Page 6 - - . . " MINUTES . CITY COUNCIL WORK SESSION - SEPTEMBER 12~ 2000 A work session of the Hopkins City Council was held at 8:00 p.m. on September 12, 2000, at the City Hall. Council members present were Mayor Maxwell and Council members Brausen, Hesch, and Johnson. City personnel present were City Manager Mielke and City Planner Nancy Anderson, Met Transit Improvement Discussion, Nancy Anderson, presenter Met Transit personnel Steve Mahowald, Arlene McCarthy and George Serumgard presented the information, Mr. Mahowald is responsible for the three-city area of Hopkins, St. Louis Park and Minnetonka, and was the major spokesman. In order to improve intra-community trips they are strengthening the grid. Public hearings will be held in mid- to late October; they hope to implement the modified -grid in March 200 I. The only segment in Hopkins to be discontinued will be part of Blake Road. They are expecting approval of a federal grant that will supply $600,OOO/year for three years; regional approval has already been given. The legislature just convened has allocated 44 million dollars. The issue for this meeting was which site should be utilized in Hopkins for a transfer site: 91h A ve or 8th Ave. Pros for 91h included downtown area, no major construction, pedestrian friendly, express route stays same; cons were it could be only temporary, removes parking, and only small buses could be used. Pros for 8th included could be long-term, no parking removed, no increase in number of downtown routes, closer to potential busway; cons included farther from downtown, riders would need to cross Co. 3, gives up green space, some reconstruction needed, Hop-a-Ride would not be adversely affected as it is presently over-booked, If the Southwest Corridor is done first, the busway could be a . reality in about five years, rather than the earlier projected up to ten. In answer to Council questions, Mr Mahowald said five spaces are needed as five buses would be present at once five times a day, when the reverse commuter route ran. The sites are temporary until the design for the Southwest Transitway is decided, Council members expressed concern over the 9th Ave, choice due to summer events held in the nearby lot, involving a tent, street dances, etc. Mr. Mahowald said Met Transit had favored it because at 8th Ave. riders would need to walk to get downtown or transfer to ride for 1-2 minutes. Mayor Maxwell suggested another 81h A venue site, rather than at Excelsior Blvd. use 8th at Mainstreet and 1 Sl St. South; other Council members agreed. General Consensus: Met Transit will study the newly proposed site on 81h Ave. and inform the Council on their findings before the public hearing, probably by memo. Council members were not in favor of the 9th Ave. proposal. If possible, tie-in to the bike trail should be utilized. More lighting is needed wherever the site is put. Public hearing information should involve the in-place information services at housing, Vale Place, family resources, etc. as well as the Sun-Sailer, etc. Presentation at a Council meeting would get the information before the public also. Probable date for public hearing is the weeks of October 16th and 23rd. Residential Storage and Parking Ordinance, Nancy Anderson, presenter City Planner Nancy Anderson said staff is suggesting the following changes to ordinances regarding vehicle storage and parking: maximum of 3 cars outside (5 if more than 3 licensed drivers in household); parking must be on hard surface (30% limit of front yard area); one vehicle can be parked . on a garage side yard if it is more than five feet from the property line, otherwise no back yard parking; only one non-passenger vehicle (boat, recreational vehicle, fish house) per lot, and must be owned by resident; any RV over 18 feet must be screened; 24 foot average limit for driveway width; only one additional storage building allowed besides the garage. No parking of non-passenger vehicles is -- -- - . ( . allowed on the street for over 2 hours at present. The changes will be before Zoning and Planning on the 26111, Council suggestions included a 2-day exemption of parking in front so owners could load trailers for trips, etc. Steve Mielke noted residents had said there was no place to dump RV's in Hopkins; that might be a good addition to the park; Mayor Maxwell suggested it be at Public Works so it could be overseen. Council Consensus: Redoing the video Terry had done would be a good idea. Staff should see if there are any statistics relating "junk car storage, etc." to crime, land value effects, etc. Preparation before public hearings is crucial; better to have the public hearings later than not have a good "case" for the ordinance. There should be a 6-month period for compliance. Other Melcher house Mr. Mielke said he had been approached by the family, After general discussion it was decided Mr. Mielke should approach St. Joe's and get a firm statement as to what their plans are before the City commits money. Pawn shop The City has been contacted by a pawn dealer on Excelsior Blvd. that he is negotiating for a site at the Roger Dodger location. That is zoned B-3 and would be a legal use. Sergeants Contract There will be a closed session Oct. 3 to discuss this. Depot . Fran Hesch said she is very disturbed that a 15-year-old has been left with no adult back-up at the Depot. General concern was expressed. Mr. Mielke said he and Kathleen are working on the issue, Kathleen is to talk to Anthony's supervisor at the Y as to where he should be, etc. Financing proposals update NSP will get the figures for a I % franchise tax. Minnegasco is still not responding. The legislators have been notified and are willing to work with the City in the November-January period. Citizens Academy There was general positive feedback to the Council from the public. Mayor Maxwell suggested that future presentations include job qualifications, Fran Hesch moved adjournment. Diane Johnson seconded. Meeting adjourned at 10:27 p.m. Kasey Kester, secretary COUNCIL MEMBERS . ATTEST: Eugene J. Maxwell, Mayor .. .. ~ ~, - -