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Agenda HOPKINS CITY COUNCIL FINAL AGENDA August 3, 1999 8:15 p.m. THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 8 pm - HRA Meeting 8:15 p.m. - City Council meeting Work session at conclusion of City Council meeting I. CALL TO ORDER II. OPEN AGENDA - PUBLIC (fOMMENTS/OONCERNS (Public must fill out a Speaker Request Form. Three minute limit for each person) III. REPORTS - COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission 2. Park Board IV. CONSENT AGENDA 1. July 20, 1999 regular City Council meeting minutes 2. July 20, 1999 City Council work session minutes 3. July 13, 1999 City Council work session minutes 4. Ratification of prior month's disbursements 5. Second reading Charter amendment, (Memo) - Yager 6. Second reading, ordinance to calculate sanitary sewer winter rate, (Memo) - Yager 7. Approve engineering services agreement, Elmo Park water treatment plant modifications, (CR99-141) - Stadler 8. Approve engineering services agreement, Hilltop Park storm sewer, (CR99-140)- Stad ler 9. Temporary 3.2 beer license for the Hopkins Jaycees Kristi Klug benefit, (CR99- 136) - Obermaier 10. Wine and strong beer license for Cafe Michelangelo, (CR99-137) - Obermaier Vote: Maxwell Jensen Hesch Johnson Redepenning V. OATH OF OFFICE 1. Barbara Dore, Park Board QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) VI. NEW BUSINESS 1. Approv preliminary layout Excelsior Boulevard, Phase II, Segment III, (CR99- 139) - Stadler Vote: Maxwell Jensen Hesch Johnson Redepenning 2. Depot lease area expansion, (CR99-143) - Parsons Vote: Maxwell Jensen Hesch Johnson Redepenning 3. Amendment to legislative policy, Neighborhood meetings, (CR99-138) - Kerrigan Vote: Maxwell Jensen Hesch Johnson Redepenning VII. ADJOURNMENT L A regular meeting of the Hopkins City Council was held on July 21, '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, Kerrigan, Gessele, Anderson, and.City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:30 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS Roger Nolby, 201 Interlachen Rd, and Doug Greenberg, 200 Maple Hill Rd, appeared to address concerns about a neighbor who places garbage for pick-up on property other than his own. III. CONSENT AGENDA 1. July 6, 1999 Regular City Council Meeting Minutes 2. Approve Appointment, Barbara Dore, Park Board (Memo) 3. Proposed Increase to Pavilion Hourly Ice Rental Rates (CR99-128) 4. Award Contract, Hilltop Park Storm Sewer Improvements (CR99-130) 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 Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. III. PUBLIC HEARING 1. First Reading, Charter Amendment (CR99-129) Steve Mielke said that the purpose of the ordinance was to amend the charter. The two changes being recommended will bring the definition of debt into conformance with state law and allow the city to issue bonds for a longer period than twenty years. Mr. Mielke reviewed the process for making changes to the Charter. Mayor Redepenning opened the public hearing at 8:47. No one came forward. Council Member Jensen moved and Council Member Hesch seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:48 p.m. Council Member Maxwell moved and Council Member Johnson seconded a motion to approve Ordinance 99-825 for first reading. 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. The motion carried unanimously. IV. OLD BUSINESS 1. First Reading, Rezone Alliant Tech Property (CR99-121) July 20, 1999 City Council Meeting Minutes Page 1 Bill Beard, The Beard Group, and Wayne Soojian, Ryland Homes, appeared to review the plans. Mr. "" Beard reviewed the 48-unit plan and the 58-unit plan and said that they are willing to do either plan. Nancy Anderson said that the Zoning and Planning Commission approved a 61-unit plan, but asked that some units be cut if possible. The reason for the higher density approval was because the neighborhood requested an association. Council Member Hesch asked about the association dues in relationship to the number of units. Ms. Hesch also referred to six questions raised at the July 6th Meeting. Mr. Beard referred to a letter from Ellers and Assoc. with the figures on the association fees. Mr. Mielke said that he spoke with the Fire Marshal and that the Fire Marshal indicated that there was no requirement for basements as storm shelters. Council Member Hesch asked for costs of association fees and if the density could be reduced if the City maintained the streets. Council discussed the fees and density and the ability of Public Works to maintain the streets with present staff. Council Member Jensen asked staff to explain the Park Dedication fee. Ms. Anderson replied that ordinance requires each new construction unit to pay $500. This fee is used to create and maintain new park facilities. Council Member Maxwell asked if the Fire Marshal has reviewed the plans and if with the 29-foot street, there is enough room for emergency vehicles. Mr. Mielke said that the Fire Marshal indicated that the 29-foot streets would not be a problem. Mr. Beard said that the Fire Marshal had reviewed the 61-unit plan and on that plan required them to widen the streets and intersections at some locations. Council Member Maxwell asked if the item is approved tonight, what is the process from here. Ms. Anderson reviewed that process. Council Members discussed the process and questions. Mayor Redepenning moved and Council Member Jensen seconded a motion to adopt Resolution 99- 57, approving Ordinance 99-827 for first reading for the rezoning of the former Alliant Tech parking lot from R-1-C to R-1-A, PUD with the conditions that the Fire Marshal review the 58-unit plan, that staff research the impact on Public Works if the City owns the streets, that the plan be sent to the Park Board for review, and that The Beard Group tell Council what the City would have to do to lower the density from 58 units to some number while retaining the association before the second reading. 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. The motion carried unanimously. 2. Preliminary Plat, Alliant Tech Property (CR99-122) Nancy Anderson said that this is preliminary plat approval and that changes can be made prior to the final plat approval if Council wants a less dense project. Council Member Jensen moved and Council Member Johnson seconded a motion to adopt Resolution 99-58, preliminary plat for the fonner Alliant Tech parking lot. 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. The motion carried unanimously. V. NEW BUSINESS July 20, 1999 City Council Meeting Minutes Page 2 1. Presentation of Comprehensive Annual Financial Report (Memo) Steve Mielke introduced Steve Liable of Peat Marwick. Mr. Liable reviewed the results of the 1998 audit and said the City is doing a good job of managing funds. Mr. Liable said that the City is in conformance with general financial practices, that the auditors cannot give an opinion on Y2K issues, and that internal controls are very good. Mr. Liable also said that the City is in compliance with State requirements and that the findings proposed no changes. It was an excellent audit. No Action was taken. 2. Award Sale of Bonds (CR99-135) Steve Mielke said that Council authorized a bond sale in a previous meeting. Mr. Mielke introduced Rusty Fiefield, Ellers and Associates. Mr. Fiefield said that bonds were sold at auction at noon today. Interest rates were a little higher than projected. Mr. Fiefield then reviewed the bids and interest rates for each bond series and recommended approval of sale to lowest bidder. Council Member Johnson moved and Council Member Hesch seconded a motion to adopt Resolution 99-063, awarding the sale of $2565,000 Taxable General Obligation Bonds for the Westbrooke Patio Homes Housing Improvement Area; Resolution 99-064, awarding the sale of $1 ,545,000 General Obligation Storm Sewer Revenue Bonds for the capital improvements in the Storm Sewer fund; and Resolution 99-065, awarding the sale of $850,000 General Obligation PIR Bonds for capital improvements in the Permanent Improvement fund. 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. The motion carried unanimously. 3. First Reading, Ordinance to Calculate Sanitary Sewer Winter Rate (CR99-132) Steve Mielke said that the new utility billing system needs a different form for calculating summer sewer charges. The ordinance will change the calculation from average quarterly use to average daily use. . Council Member Jensen moved and Council Member Maxwell seconded a motion to adopt Ordinance 99-828 for first reading. 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. The motion carried unanimously. 4. Adoption of CIP (CR99-131) Steve Mielke said that the Capital Improvement Plan is a document intended to help the City anticipate major capital items and to consider the financial impact of proceeding with those planned improvements. Adoption of this plan will allow staff to proceed with the 2000 budget process. Council Member Maxwell moved and Council Member Johnson seconded a motion to adopt the 2000-2004 Capital Improvements Plan. 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. The motion carried unanimously. 5. Adoption or ERP (CR99-133) July 20,1999 City Council Meeting Minutes Page 3 ''-" Steve Mielke said that the plan is a five-year plan, which allows the City to project the costs of replacing equipment that is in use. The plan also allows the analyzation of the ability to pay for replacing equipment and keeps successive annual costs even with no spikes for expensive equipment. . Council Member Jensen moved and Council Member Hesch seconded a motion to adopt the 2000- 2004 Equipment Replacement Plan. 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. The motion carried unanimously. 6. Amendment of TIF District 2-11 (CR99-116) Jim Kerrigan said that a previously planned project cannot be included in a TIF District when the TIF District is created. Although the SuperValu warehouse project building permit was issued on 1/13/99, the CUP application was submitted to staff on August 31, 1998 and approved on October 6, 1998, the same date that the TIF district was approved. The action would property taxes that are generated from this new improvement to be distributed to the tax jurisdictions rather than being provided to the City as tax increment. Council Member Hesch moved and Council Member Maxwell seconded a motion to adopt Resolution 99-053, requesting that the Hennepin County Auditor adjust the original net tax capacity of the Hopkins Housing and Redevelopment Authority's Tax Increment Financing District 2-11 , adding the assessor's estimated improvement value as of January 1,2000, for the SuperValu freezer warehouse project at 101 Jefferson Avenue South, Building Permit 99008, dated 1/13/99, subject to HRA approval. 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. The motion carried unanimously. VI. REPORTS-COMMITTEES/COMMISSIONS Steve Mielke reminded Council that the next Council Meeting will be held on August 3, 1999, the same date that is designated as National Night Out. The meeting will start at 8:00 p.m. VIII. ADJOURNMENT There being no further business, Council Member Maxwell moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:40 p.m. Respectively Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS July 20, 1999 City Council Meeting Minutes Page 4 ATTEST: Charles D. Redepenning, Mayor July 20, 1999 City Council Meeting Minutes Page 5 Work Session Minutes July 20,1999 A City Council work session was held on Tuesday, July 20, 1999 in the Council Chambers after the regular City Council meeting. The meeting was called to order by Mayor Redepenning at 9:40 p.m. All City Council members were in attendance, as was City Manager Steve Mielke. Raspberry Festival Parade The first item of discussion was the Raspberry Festival parade. Comments by Council members were complimentary toward the parade and several units in the parade. Beard/Alliant Tech Site Council member Hesch asked how the Council and staff could avoid the type of discussion that was held at the Council meeting regarding the Beard/Alliant Tech project. City Manager Steve Mielke indicated that he would be speaking with the staff to make sure the appropriate materials are prepared and provided to the Council, and apologized for the information which had not been included in the report. Additionally, he suggested that if the Council notices items are not fully covered to the Council's desires, that a phone call prior to the meeting would be helpful. Appearance of Mr. Greenberg and Mr. Nolby The next item was a discussion about the appearance of Mr. Greenberg and Mr. Nolby at the Council meeting. It was clarified that at the work session, Council wanted to receive information from the City Attorney regarding our policies and ordinances, and that the Council would not mediate the issue, but instead, establish the city's position as to the issue. Bentley Employment Issue Council member Jensen expressed her frustration over the settlement of the Bentley employment issue. Mielke indicated that he was also frustrated, but recognized that it is common for the League of Cities to settle these types of suits when they feel that settling is cheaper than defending itself in court. He also stated that the League was concerned about a jury trial and the uncertainties that exist, despite the favorable facts of the case. Inspection of Arches Council member Jensen asked about the Arches and whether inspections have been performed. City Manager Mielke indicated that he would provide an update to the Council on that issue. Mayor Redepenning indicated that he had spoken with individuals who felt that the Arches had cleaned up quite a bit. Police Chief Earl Johnson Resignation City Manager Steve Mielke announced that Police Chief Earl Johnson would have his last day of service to the City on August 3. There being no further items of discussion the motion was made by Johnson, seconded by Hesch to adjourn the meeting. The meeting was adjourned at 9:58 p.m. Work session minutes 7/20/99 Page 2 ATTEST: CITY COUNCIL MEMBERS: MINUTES CITY COUNCIL WORK SESSION - JULY 13, 1999 A work session of the Hopkins City Council was held at 6:30 p.m. on July 13, 1999, at the City Hall. Council members present were Mayor Redepenning and Council members Jensen, Johnson and Maxwell. Council member Hesch was absent. City personnel present were City Manager Mielke, Director of Planning and Economic Development Kerrigan, City Attorney Steiner, and City Planner Nancy Anderson. Also present was Mark Koegler of Hoisington Koegler and Zoning and Planning Commission members Swenson, Engel, Gross and Boen. Audience members included Pastor Carl Galik of Zion and members of the congregation. Review of Moratorium Ordinance, Jim Kerrigan and Mark Koegler, presenters Jim Kerrigan said the ordinance forbidding destruction of any single-family residence for a period of one year had been passed in December 1998. The situation is exacerbated in Hopkins as Hopkins has only 30% of its residences as single-family homes; most communities have 70%. Major concerns are that permitted institutions on Rl districts may expand, removing single-family residences and/or changing neighborhoods, and at present the Council can do little about it. Jim Kerrigan and Mark Koegler noted the Hoisington-Koegler study had shown 5 options: (A) exclusive zoning districts for institutions; (B) CUPs for institutions; (C) combining the first two; (D) doing nothing; (E) allowing no loss at all. The Council had rejected the last two. Later it was noted that at an earlier work session, the combination option (C) had received the most favorable comments. Mr. Koegler said the map handed out was used only for illustration to help discussion and was not in any way a recommendation. He detailed various positive and negative characteristics of each of the three possible options. In summary he noted that Option A would necessitate a zoning ordinance and would require a 4/5 vote for approval of a request; Option B would require a list of conditional uses and would require a 3/5 vote for approval; Option C would require two decisions for approval, both zoning and CUPs. He said it.was crucial to understand the difference between Options A and B: Option A would set up distinct zones for institutions in Rl areas and would allow maximum control. It would require no complicated reasons for denial, offering more discretion to the Council. Option B, however, would require the Council to approve a project if the CUPs were met. Later Mr. Mielke noted that with Option A the decision is simply can the institution expand, yes or no, with yes requiring 4 votes; Option B has more limits and more design control. A decision must be made as the moratorium ends in December and can be extended for only 6 months. Gene Maxwell asked if institutional zoning districts would retain that designation if the original institution left. Jim Kerrigan said it would until the Council rezoned the property. Attorney Steiner noted that previous usage is considered to be a permitted use so that it could revert back to single family zoning. Mr. Maxwell asked if an institution that does not meet the CUPs criteria could ask for variances. Mr. Kerrigan said yes. Pastor Galik asked for clarification of an example shown in the memo. Mark Koegler said the guiding principle in neighborhood compatibility is "does it look like the present condition?" In answer to an audience question, the mayor said this would include looking at building heights, ~ and Mr. Kerrigan noted taller buildings would probably require deeper setbacks. Rev. Galik asked if under Option A any change a church made would require 4 votes, Attorney Steiner said only if it occurred outside the institutional district area. He added the districts would probably be based on current usage. Attorney Steiner noted public hearings would be held before boundaries would be permanently set. Zoning member Engel asked if institutions owned single-family residences, would those be separate from the institutional zone. Attorney Steiner said they could be, but would not have to be when the boundaries were set. Pastor Galik asked about the houses Zion owns. Jim Kerrigan said no decisions have been made; the answer would partly depend on how single-family structures are dermed. A congregation member noted that in Zion's case the district should include the parsonage as it was inside the original property line, not a separate parcel. Mayor Redepenning and Karen Jensen asked about time lines. Mr. Mielke noted Council must act within 60 days or the request would be automatically approved, no matter what option is adopted. Attorney Steiner said the time period would be shorter for Option B as it would require only one Zoning session and one Council session. Option A would require 2 Council sessions due to the second reading required by law. General Consensus: Mayor Redepenning, Council members Johnson and Jensen, and Zoning member Swenson favored Option B. Gene Maxwell would like the issue expanded to other R districts, not just RI, at a later time. Zoning members Engel, Gross and Boen favored Option C. It was agreed that Hoisington Koegler and city staff should do more detailing on Options B and C, then send it to the Zoning and Planning Commission. Karen Jensen asked specifically that the time issues be set forth clearly. Review of Comp Plan (Land Use Component), Nancy Anderson and Mark Koegler, presenters Mr. Koegler noted the Zoning and Planning Commission had made recommendations on 6 of the 7 issues the Council had raised. In answer to the mayor's question, Nancy Anderson noted the second residential area was RI only a couple years. Mr. Maxwell raised the issue of the area where Town Terrace Apartments are being zoned commercial. Mr. Kerrigan said if done at the present it would raise significant problems for the owners and make the city legally liable. Later in the meeting Mr. Maxwell asked about the present Knox property, wondering if it could be rezoned to business park in the future. Mr. Koegler noted the change would safeguard the aesthetics for Excelsior Blvd. General Consensus: The Commission's recommendations were accepted. In the verbiage section, they would like included for the Town Terrace area that "if the opportunity arises" they would like to see it changed to commercial. As to the parcel the Commission made no recommendation for, the Steiner property, it was decided to leave it as is, with the verbiage to say the Council would like to see it have low intensity usage compatible with the neighborhood. Mr. Maxwell's idea should go to the Zoning Commission for consideration. Review of Comp Plan (parks and Open Spaces Component), Nancy Anderson and Mark Koegler, presenters Mr. Koegler reviewed the recommendations on page 11 of the Comprehensive Plan. General Consensus: General agreement with the recommendations. Further study needs to continue as to the North/South Trail Corridor Connection. Other Issues: Committees/Commissions Mayor Redepenning asked for suggestions Police Department: Steve Mielke said the process of hiring a new chief continues. Diane Johnson raised the issue of the Civil Service Commission and how useful is it. Karen Jensen said she had heard comments in favor of the foot patrols on Main St. HCA: Steve Mielke noted the chart prepared by HCA showed the special rate covers expenses only for the theater and the dance studio. Consensus was to send the policy draft to HCA for their feedback. Picnic: Consensus was to also invite the fIre department for the picnic at Shady Oak Beach on Aug. 5 at 4:30 Depot: Steve Mielke said there are funds for only 1 more month. Consensus was he should talk to Mr. Kremer of the school district to see if they can help. Motion to adjourn was made by Diane Johnson and seconded by Karen Jensen.. It passed unanimously. Meeting adjourned at 9:50 p.m. Kasey Kester, recording secretary COUNCIL MEMBERS ATTEST: Charles D. Redepenning, Mayor