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Agenda HOPKINS CITY COUNCIL FINAL AGENDA . April 20, 1999 7:30 p.m. THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 6:30 - Property tax Board of Review 7:30 p.m. - 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. CONSENT AGENDA 1. April 6, 1999 regular City Council meeting minutes 2. Miscellaneous Ilcense report 3. Appointment to Human Rights Commission, Deborah Schepers (memo) e 4. Approve temporary 3.2 beer license for Jaycees Mainstreet Days, (CR99-074)- Obermaier 5. Award bid, 1999 alley reconstruction, (CR99-075) - Gessele 6. Approve resolution recommending non-smoking policy at Shady Oak Beach, (CR99-077) - D. Johnson 7. Approval of Pay Equity Implementation Report, (CR99-072)- Genellie 8. Charter language regarding the Board of Equalization (Review), (CR99-076) - Genellie Vote: Maxwell Jensen Hesch Johnson Redepenning IV. PRESENTATION 1. Donations to Fire Department, Don Beckering 2. Mainstreet Days, Jaycees V. PUBLIC HEARING 1. Proposed use of grant funds for the local law enforcement grant program, (CR99-073) - Alex e Vote: Maxwell Jensen Hesch Johnson Redepenning QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) . VI. OLD BUSINESS 1. Rear yard variance, Duffs Auto (CR99-063) - Kerrigan Vote: Maxwell Jensen Hesch Johnson Redepenning VII. NEW BUSINESS 1. Approve contract with Vision Software for Police Department computer record system (CR99-040) - Alex Vote: Maxwell Jensen Hesch Johnson Redepenning 2. Kosovo Refugee Fundraiser at Hopkins Center for the Arts (Memo) - Mielke Vote: Maxwell Jensen Hesch Johnson Redepenning VIII. REPORTS - COMMITTEES/COMMISSIONS e IX. ADJOURNMENT . Miscellaneous License Report License # Corperate Name DBA Hopkins Location License Type 99144 BFI of North America BFI of North America The City of Hopkins . Refuse Collector Each Refuse Vehicle . , - -- .- ,~. MOl/day, April]2, 1999 Page] of J . , . A regular meeting of the Hopkins City Council was held on April 6, 1999, in the Council Chambers of the Hopkins City Hall. Present were Mayor Redepenning and Council Members Maxwell, Jensen, Hesch, and Johnson. Also present were staff members Mielke, Genellie, Stadler, Kerrigan, Anderson, Wilson, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:43 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were none III. PRESENT A TION Mike Tolzman, Valvoline Instant Oil Change, spoke about the number of years that Vavoline has been in business in Hopkins. Mr. Tolzman said that when the business went into the new location on Mainstreet, he wanted to give something back to the community, so they pledged $2.00 for each oil change done in the first month of . business in the new location. Mr. Tolzman presented a check for $3,500 for the Hopkins Center for the Arts. Rick Brausen, Chair of the Hopkins Center for the Arts Operations Board, accepted the check on behalf of the Board. VI. CONSENT AGENDA 1. March 16, Regular City Council Meeting Minutes 2. Ratification of Prior Month's Disbursements 3, Adopt Resolution Authorizing Submission of Application for Two Grants for Contamination Cleanup, Stiele/Bakken Project (CR99-062) 4. Approve Encroachment Permit, Hopkins Village Apartments, (CR99-065) 5. Adopt Resolution Authorizing MSA Advance Funding (CR99-067l Council Member Maxwell moved and Council Member Johnson seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. , April 6, 1999 Regular City Council Meeting Minutes Page 1 , . V. PROCLAMA TION . Mayor Redepenning read the proclamation setting April 23,1999, as Arbor Day and the Month of Mayas Arbor Month in the City of Hopkins. VI. OLD BUSINESS 1. Approve Development Agreement and Application to Federal Home Loan Bank for Westbrooke Patio Homes Housing Improvement Area 2, Phase II (CR99-070) Jim Kerrigan reviewed the establishment of Housing Improvement Area 2. The development agreement specifies under what terms the bond funds will be released to the association to pay for construction costs, This action is the final action needed to begin the improvements. The Federal Home Loan Bank application is being sought to off set the cost of the proposed project for those low to moderate income homeowners who did not receive assistance for Phase I. Council Member Maxwell moved and Council Member Hesch seconded a motion to authorize the following: 1 . Execution of a development agreement between the City of Hopkins and . Westbrooke Patio Homes Association 2. Sponsorship of application to the Federal Home Loan Bank A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. VII. NEW BUSINESS 1. Award Sale of Bonds, Valley Park Condominiums Housing Improvement Area 3 (CR99-061) Jim Kerrigan reviewed the establishment of Housing Improvement Area 3, All public hearings have been held, and a development agreement has been executed. At the March 16, 1999, Regular City Council Meeting, Council authorized the sale of bonds. Bids were accepted until 11 :00 A.M. today. Rusty Fiefield, Ellers and Associates Inc., said that three bids were received. The low bid was presented by Cronin and Company at 6.8089%. , April 6, 1999 Regular City Council Meeting Minutes Page 2 , . Lori Yager presented a report on the financial rating of the City by Moody's Investors Services. The rating is excellent. Council Member Jensen moved and Council Member Maxwell seconded a motion to adopt Resolution 99-023, awarding the sale of $1,465,000 Taxable General Obligation Bonds for the Valley Park Housing Improvement Area. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. 2. Approve Variance, Rear Yard Setback, Duff's Auto Sales (CR99-061) Nancy Anderson said that the applicant, Carl Hanson, has applied for a variance that would allow a one-foot rear yard setback. The Zoning ordinance requires a 15-food setback. Ms. Anderson said that the Zoning and Planning Commission voted four to one to deny the request because the applicant could not meet the requirement of showing that a hardship existed. Mr. Nelson appeared and presented the plan. He said that he felt a hardship did exist in that the back part of the lot was land locked and could not be used for any practical purpose if the variance is denied. Council Member Johnson asked him what the building would be used for. Mr. Nelson said that it would be a service bay to . inspect and fix the vehicles that go on the lot for sale. Council Members discussed the fact that the lot does not abut an alley, that there would be no encroachment, and that the lot is land locked. Council Member Johnson asked the City Attorney if there are facts to support the hardship requirement of the variance. Jerre Miller, City Attorney, said that he had done some research and feels that he can produce findings of fact based on previous cases that would support the hardship requirement. Council Member Hesch moved and Council Member Maxwell seconded a motion to continue this item until the April 20th meeting and direct the City Attorney to provide findings of fact to support the hardship requirements. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. 3. Approve CUP for Religious Institution Nancy Anderson said that the applicant, David Dolezal, is proposing to open a small church at 9080 Excelsior Boulevard. Religious institutions are allowed in a B-3 Zoning , district with a CUP. The use is in compliance with zoning regulations and the Comprehensive Plan. The applicant is working with the Inspections Department to bring the building up to code for this use. Ms. Anderson said that in the event the April 6, 1999 Regular City Council Meeting Minutes Page 3 , institution becomes larger, the CUP will be reviewed for traffic impacts on Excelsior . Boulevard. The Zoning and Planning Commission recommended approval. Mr. Dolezal appeared to answer questions. Council discussed the parking requirements and who's responsibility it is to stripe the individual parking places. Council Member Hesch moved and Council Member Johnson seconded a motion to adopt Resolution 99-27, approving a religious institution at 9080 Excelsior Boulevard with the added condition that Council review the parking situation in six months and decide at that time if additional stripping is necessary. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. 4. Accept Bid for Water Meter Read Software (CR99-068) Mike Lauseng said that the City sent out requests for bids on the first phase of a radio read water meter system. Hydro Supply Company submitted two bids and was the only company to respond. They submitted a bid for a Badger Trace Radio Read System for $59,620.32 and for an Itron Radio Read System at $49,907.88. Mr. Lauseng said that the project includes the software that the Finance Department . needs for billing because the present system is not Y2K compliant and that the new system will eventually allow the utility billing to be a monthly billing for the entire City. Mr. Stadler said that additional purchases and conversions will take place over the next three years. Council Member Hesch asked if this is the system that was discussed and approved with the Capital Improvement Plan. City Manager Mielke responded that it is. Council Member Jensen moved and Council Member Johnson seconded a motion to award the bid for a radio read meter system to Hydro Supply Company for a Badger Trace System in the amount of $59,620.32. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. Mayor Redepenning made a change in the order of the agenda. , April 6, 1999 Regular City Council Meeting Minutes Page 4 , . 5. Approve Plans, Order Bids, Storm Sewer Improvements 2nd St N, Area five (CR99-069l Steve Stadler reviewed the background of flooding in this area and the history of the project. Mr. Stadler presented the scope of the project and the plans. A neighborhood meeting concerning the plans was held on March 25. Mike Halter, RCM Associates, appeared to answer questions. Council Member Johnson moved and Council Member Maxwell seconded a motion to approve plans and authorize bids for the construction of Storm Sewer Project 98-16, 2nd St. N (Area 5). A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. 6. Approve Board of Review Process (CR99-071) Bob Wilson said that The Board of Review is set for April 20th. A decision was make to add real estate advisors for their expert opinion to assist the board in their valuation decisions. How this expert information is to be used, needs to be addressed . by the members of the Board of Review. The City of Minnetonka model follows the following policies: 1. The real estate advisors' opinion is used as the new evaluation even when the amount is greater than the amount of the original evaluation. 2. The property owner is not allowed to withdraw the appeal when the new evaluation is set. Steve Mielke said that he supports the policy of no withdrawal. The City will have to pay for each appraisal and this will limit the appeals to those who seriously apply. Council Members asked if a statement explaining the no withdrawal policy can be put on the appeal form. Staff answered that it can. Council directed the City Attorney to draft the statement for the form. Council Members discussed that possibility of appointing a board of review. Mr. Genellie said that the Charter Commission will meet in April and that language can be drafted to allow the Council to do so. Council Member Hesch asked if the item could be put on the agenda for discussion in two weeks. Council Member Johnson moved and Council Member Maxwell seconded a motion to I adopt the proposed 1999 Board of Review procedures and to establish as policy: April 6, 1999 Regular City Council Meeting Minutes Page 5 t 1} That the Board will accept the established market value as determined by . the real estate advisors, and; 2) That appeals cannot be withdrawn once the estimates are provided by the advisors. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. 7. Approve Plans, Order Bids, 1999 Street Projects (CR99-066) Steve Stadler reviewed the scope of the project for reconstruction, overlay and utility improvements. 13th Avenue has been removed from the project. Mr. Stadler said that the City Hall Parking lot project would also be bid with the street project. The total estimated cost of the street project is $821,355. The total estimated cost of the parking lot is $36,400. Mr. Stadler said that parking along 12th Ave S during construction is still an issue that will have to be addressed. Marcus Thomas, Bolton and Menk, answered questions about the project. Council Member Jensen moved and Council Member Hesch seconded a motion to . adopt Resolution 99-028, Resolution approving plans and specifications, 1999 Street and Utility Improvements and City Hall West Parking Lot Reconstruction, Project 98- 09 and authorizing bids. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. VIII. REPORTS - COMMITTEES/COMMISSIONS Council Member Johnson said that City Manager Steve Mielke attended the Chemical Health Commission meeting and reviewed the Liquor Law Violation Policy and gave the commission options for dealing with the violations. Ms. Johnson said that the final plans were made for the town meeting, Report Card on Our Youth that will be held on Monday April 26th at 6:30. Council Member Hesch said that she attended a Zoning and Planning meeting and that Metro Transit presented Park and Ride designs. Concept plans and design were presented for the Skateboard Park facility. Ms. Hesch said that small motor vehicle dealers approached the planning commission to allow them to put more cars on lots than zoning ordinances presently allow, The Commission will be reviewing the requirements. I April 6. 1999 Regular City Council Meeting Minutes Page 6 , . Steve Mielke announced that there are openings on the Association of Metropolitan Municipalities Board and Metropolitan Transportation Advisory Board. Steve Stadler announced that he is setting up a meeting for the County Road 73/Highway 5 Task force. Mr. Stadler said that there has not been a great deal of response at this time and asked who from Council would want to attend. 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 9:43 p.m. Respectively Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS . ATTEST: Charles D. Redepenning, Mayor , April 6, 1999 Regular City Council Meeting Minutes Page 7 --