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Agenda HOPKINS CITY COUNCIL FINAL AGENDA Sept mber 21,1999 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, HCA Operations Board, Park Board IV. CONSENT AGENDA 1. September 7, 1999 regular City Council meeting minutes 2. August 10 work session meeting minutes 3. August 17 work session meeting minutes 4. Adopt business subsidy criteria, (CR99-166) - Hartshorn 5. Approve Raspberry Festival gambling licenses, (CR99-169) - Obermaier Redepenning Vote: Maxwell Jensen Hesch Johnson V. OATH OF OFFICE 1. Michael Gerdts, Police Civil Service Commission 2. Koreen Wallis, Sue Steinman, Chemical Health Commission VI. PUBLIC HEARING 1. Nuisance Abatement hearing, 133 -12th Avenue South (CR99-168) - T. Anderson Redepenning Vote: Maxwell Jensen Hesch Johnson 2. Nuisance abatement hearing, 255/257 -18th Avenue North (CR99-167) - T. Anderson Redepenning Vote: Maxwell Jensen Hesch Johnson QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) VII. OLD BUSINESS 1. Complete action, Excelsior Boulevard preliminary layout, (Memo) - Stadler Redepenning Vote: Maxwell Jensen Hesch Johnson VIII. NEW BUSINESS 1. Approve engineering services agreement, Excelsior Boulevard landscape and streetscape improvements, (CR99-172) - Stadler Redepenning Vote: Maxwell Jensen Hesch Johnson 2. Revise license and permit fees, (CR99-170) - Obermaier Redepenning Vote: Maxwell Jensen Hesch Johnson 3. Railroad study, blocking operations, (CR99-173) - Mielke , Redepenning Vote: Maxwell Jensen Hesch Johnson IX. ADJOURNMENT . A regular meeting of the Hopkins City Council was held on September 7, 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, Gessele, Yager, Tom Anderson, Nancy 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 There were none. III. REPORTS - COMMITTEES/COMMISSIONS 1 . Zoning and Planning Commission Dorothy Boen, Co-Chair, Zoning and Planning Commission told the Council that the Commission discussed two items this month. Both items are on the agenda at this meeting and the Commission approved them unanimously. IV. CONSENT AGENDA 1. August 1 7, 1 999, Regular City Council Meeting Minutes 2. August 3, 1999, Work Session Meeting Minutes 3. August 10, 1999, Work Session Meeting Minutes 4. Ratify Checks Issued in August, 1999 5. Approve Appointments to Chemical Health Commission and Police Civil Service Commission (Memo) 6. Second Reading, Storm Sewer Ordinance Changes (Memo) 7. Temporary 3.2 Beer License, St. Joseph's Fall Festival (CR99-149) 8. Jaycees Gambling License Renewal (CR99-150) 9. Marketing Policy (CR99-160) 10. Order Assessment Hearing for Oct 5, 1999 Alley Improvements CR99- 159) 11. Order Assessment Hearing, 1999 Private Improvements and Miscellaneous 12. Approve Final Payment, 6th Ave N Storm Sewer Project (CR99-158) 13. Transit Improvements Study (CR99-163) September 7. 1999 City Council Meeting Minutes Page 1 , Steve Stadler asked that item 12 be pulled from the Consent Agenda. Council Member Hesch asked that a correction be made to the August 10, 1999, work session minutes on the first page under "Depot Financial Outlook" fourth paragraph. "The school district got a $374,000 grant" should read "The school district applied for a $374,000 grant". Council Member Johnson moved and Council Member Jensen seconded a motion to approve the Consent Agenda as amended. 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. OATH OF OFFICE -- - ----- Jofm Szuba, Zoning and Planning Commission, and Kelley Bloomquist, Chemical Health Commission, gave the oath of office to serve their terms on the commissions. VI. PUBLIC HEARING 1. Nuisance Abatement Hearing, Gary's Towing (CR99-151) Tom Anderson reviewed the City Nuisance Abatement Code, complaints against the property, results of numerous inspections, the time line of the situation, how the nuisance will be corrected and the abatement cost. Mr. Anderson said that he had reviewed the property earlier in the day and that although some progress had been made, it was not significant. Wynn Curtiss, prosecuting attorney for the City, said that before vehicles could be disposed of, ownership would have to be determined and owners other than Mr. Schumacher would have to be notified of the intent. Mayor Redepenning opened the public hearing at 7:55 p.m. John Hamel, a friend of Wanda Schumacher, the owner of the property, asked if more time could be given to the parties, allowing them to do the work and avoid a costly assessment. Gary Schumacher said that he has been operating his business for twenty-eight years in the same manner and would like more time to do the work. September 7, 1999 City Council Meeting Minutes Page 2 Roger Finke, 620 - 12th Ave S, said that he would like to see the situation abated as soon as possible. Janet Seward, 606 - 12th Ave S, said that Mr. Schumacher has had ample time and that the lot could have been cleaned up by now. Council Member Maxwell moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:04 p.m. Council Members discussed the time frame and the amount of time that Mr. Schumacher has had to clean up the lot. Council Member Maxwell moved and Council Member Hesch seconded a motion to -~--------- -- --~- adopt Resolution 99-073, declaring a nuisance exists at 610 - 12th Ave Sand ordering the nuisance abated and costs assessed as a special assessment with the additional resolving clause that the City cleanup efforts will not begin until September 21, 1999. 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. . VII. OLD BUSINESS 1. Second Reading, Rezone Alliant Tech Property (CR99-153) Nancy Anderson said that the City Council approved the first reading for the rezoning of the property. Ms. Anderson reviewed the history of the project. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Ordinance 99-827 for second reading for the rezoning of the former Alliant Tech parking lot from R-1-C to R-1-A, PUD (Beard Group) and order the Ordinance published. 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. Approve Final Plat and Development Agreement, Alliant Tech (CR99-153) Nancy Anderson said that The Beard Group is proposing to construct single family homes on the parking lot that was previously owned by Alliant Tech. Ms. Anderson reviewed the plans. . September 7, 1999 City Council Meeting Minutes Page 3 Council Member Jensen moved and Council Member Hesch seconded a motion to adopt Resolution 99-75, approving the final plat and development agreement for the former Alliant Tech parking lot (Beard Group). 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. Approve Excelsior Boulevard Preliminary Layout (CR99-161) Mayor Redepenning said that a request had been made to continue this item until the September 21 st meeting to allow Blake School time to review the new design portions. Mr. Redepenning asked Mr. Stadler if this would upset the timeline for Hennepin County to go ahead. Council Member Hesch said that there was agreement on the majority of the design and asked if they couldn't approve al! but the west end, thus allowing Hennepin County to begin the acquisition of properties. Mayor Redepenning asked Mr. Stadler what was discussed at the neighborhood meeting. Mr. Stadler said that twenty-seven people attended and that the three strong requests were that the City effect a full taking of the East End Bottle House, that the alleys be closed, and that a signal be installed at one of the intersections. Mr. Stadler also said that the County would not support a signal at this time. Council discussed the options. Council Member Maxwell moved and Council Member Jensen seconded a motion to adopt Resolution 99-82, Resolution approving Excelsior Boulevard reconstruction preliminary plans with the condition that the east end design be finalized on September 21 st and with the addition of a resolving clause to effect a full taking of the East End Bottle House. 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. VIII. NEW BUSINESS 1. Variance, Lot Size 307 Burnes Drive (CR99-154) Nancy Anderson said that the applicant, Arthur Johnson is proposing to divide his lot at 307 Burnes Drive. When Mr. Johnson purchased the lot in 1970, he was told that he could divide the lot in the future. The Zoning code was amended in 1977 increasing the minimum lot size from 10,000 square feet to 12,000 square feet. The lot is an irregular shape and could not accommodate two lots of 12,000 square feet. Ken Skold, a neighbor and friend of Mr. Johnson, showed the plat as divided several years ago. Mr. Skold said the Mr. Johnson never filed the division. September 7. 1999 City Council Meeting Minutes Page 4 Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 99-76, approving a variance to allow a 10,730 square foot 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. 2. Waiver of Plat, 307 Burnes Drive (CR99-155) Nancy Anderson said that with the granting of the variance, Mr. Johnson was also requesting a waiver of plat to allow him to divide the lot. Council Member Maxwell moved and Council Member Johnson seconded a motion to adopt Resolution 99-77, approving a waiver of plat to divide the lot at 307 Burnes Drive. A poll of the vote was as follow~:~gunci~ rylember Maxwell, aye; _____________ Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 3. Variance, Parking in Front Yard Setback, 1111 Excelsior Boulevard (CR99- 156) Nancy Anderson said that the Hopkins Tech Center is proposing to use the front yard of their site for a parking area. Excelsior Boulevard reconstruction has made the west access to the Hopkins Tech Center a right-in/right-out. The majority of the traffic now uses the west access. The high number of trucks using the access creates problems for the cars. Tom Lyons, the property manager, reviewed the preliminary plans and explained the problem with the restricted access. Council Member Jensen moved and Council Member Johnson seconded a motion to adopt Resolution 99-78, approving a variance to allow parking in the front yard setback with the condition the handicap parking be reviewed for conformity with the final plan review. 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 Preliminary Budget and Levy (CR99-162) Lori Yager explained the Truth in Taxation process and presented three budget options to the Council. Ms. Yager recommended option two, setting the total levy at $5,664,144, an increase of 3.63%. September 7. 1999 City Council Meeting Minutes Page 5 Council Member Johnson moved and Council Member Hesch seconded a motion to adopt Resolution 99-083, Approving proposed 1999 tax levy, collectible in 2000, adopting the preliminary 2000 general fund budget and setting public hearing dates. 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. Nuisance Abatement, Mahlon Osburn Property (CR99-164) Steve Mielke said that the residential property (a duplex) at 18th Ave Nand 3rd St N has been problematic. Numerous notifications to clean up have been sent. Criminal proceedings are underway. Council Member Maxwell moved and Council Member Jensen seconded a motion to schedule a public hearing for Tuesday, Sepfember-21;1999,at 7:45 p.m. to consider the existence of a nuisance violation at 255-257 18th Ave N in Hopkins, and to establish procedures by which to abate the nuisance and assess the cost of that abatement against the property. 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. Nuisance Abatement, Dale Wojcik Property (CR99-165) Steve Mielke said that this is a single-family residence. There was an extreme amount of junk and debris. Mr. Mielke said that the resident has made promises to clean up the property and has been working on it and that significant progress has been made. Council Member Johnson moved and Council Member Hesch seconded a motion to schedule a public hearing for Tuesday, September 21, 1999, at 7:45 p.m. to consider the existence of a nuisance violation at 133 - 12th Ave S in Hopkins, and to establish procedures by which to abate the nuisance and assess the cost of that abatement against the property. 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. September 7, 1999 City Council MeEfting Minutes Page 6 IX. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Maxwell seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:53 p.m. Respectively Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: Charles D. Redepenning, Mayor September 7, 1999 City Council Meeting Minutes Page 7 ~ . MINUTES CITY COUNCIL WORK SESSION - AUGUST 10, 1999 A work session of the Hopkins City Council was held at 6:30 p.m. on August 10, 1999, at the City Hall. Council members present were Mayor Redepenning and Council Members Hesch, Jensen, Johnson and Maxwell. City personnel present were City Manager Mielke, Finance Director Lori Yager. Also present were Jim Parsons and Kathleen Tabor for the Depot; Bobbie Hartfiel for city publications; Brian Lamb, Stuart Krahn and Steve Mahowald for the Metro Transit; Capt. James Liddy and Sgt. Gordon Wiborg of the City Police; and Fire Chief Don Beckering and Assistant Chief Dave Klocek. Depot Financial Outlook, Jim Parsons, presenter Mr. Parsons said that the Depot opened its doors 9/2/98. The Coffee House has lost money every month. However, the school district has monies that may be forthcoming that would balance that out. Kathleen Tabor, present manager, said that when one looks at the original fmancial plan and takes into consideration that two funds that were in that projection never materialized, the Coffee House is actually at the point that was forecast. Mr. Parsons noted that the unpaved parking lot has been a deterrent to commuter business, and that a teen center coordinator has just started work. Fran Hesch noted that the situation is analogous to the Senior Center, which always loses money and would need to close without the city subsidizing it. Steve Mielke said he has talked to the other partners and they have agreed to help out for at least the short term. The main question is "What are we subsidizing?" We do not want to subsidize a business, but a place for teens to gather is worthwhile. Further, how do we know when we have succeeded? Karen Jensen noted that the two parts -- teen center and coffee house -- cannot be separated in reality. Fran Hesch said that when the project started, it was assumed community volunteers would be utilized; instead paid personnel has done the work. Also no grants have been applied for in the past year as far as she knows. The schools have done nothing to promote it as a chemical-free environment for teens. The school district applied for a $374,000 grant for chemical use reduction among teens. Minnetonka Pier, which is a similar set-up inside the Minnetonka school, went to Health Systems for a grant with a projection of taking 5 years to break even, and they have no rent to pay. Kathleen Tabor noted more teens have started to come. She thinks the future is actually brighter than the present forecast indicates. In answer to Mr. Maxwell's question, Lori Yager said any city subsidy would come from the contingency fund. General Consensus: Mr. Mielke should go to the partners to get ideas. The city council is willing to subsidize the project as a whole for the short term. Marketing Policy, Bobbie Hartfiel, presenter Ms. Hartfiel presented a draft policy for promotional items in city-sponsored printed matter. She summarized the guideline as "We will do press releases, but no advertising." Mr. Mielke suggested that 2.01 be changed to "cooperative agreement" rather than "joint power 1 <l. agreement." Lori Yager said the policy should not state the city will never advertise in its printed matter as in the future that may become a way to earn income for the city. General Consensus: The policy shall be called "Marketing Practices." Section 2.03 should be looked at further, then the policy can come to the Council for action. Transit Study, Phase II City Manager Mielke introduced Brian Lamb, Stuart Krahn and Steve Mahowald of the Transit Service. Stuart Krahn said city transit needs to change because of increasing congestion, needed employee transportation, and changing travel patterns. The transit service needs to improve express service, reverse commute service, community connections and facilities. Steve Mahowald noted the proposed changes would increase Hopkins area service 37 % . Several new routes are planned; Route 614 has already been implemented, and increases have been made in Route 12 and 64. Mr. Lamb said a draft report should be ready by mid-September, and a final draft by the end of September. Once the cities have accepted the reports, public hearings can be held in the fourth quarter of 1999, probably in November. Hopefully implementation planning can start in January 2000, with actual implementation starting in September 2000. Funding is an issue. There are basically three sources: (1) Federal Government: T21, a federal allocation for congestion mitigation, which has a 9/20/99 application deadline, can be applied for; (2) Transit income. At present fares are 35% of income, property tax gives 45-50%, and state appropriations cover the rest. The state legislature can be approached for increases; (3) efficiency -- take from other low- usage areas to increase elsewhere, the least advisable source. The major obstacle right now is that the cities would need to support the T21 grant application before they see the fmal draft. In answer to Mr. Maxwell's questions, he said the T21 grant is good for up to 3 years and has a $5.5 million cap. Each sector, however, can be applied for separately. If the new plan has not succeeded in three years, the transit system would revert to its present state; in other words, the cities would not be worse off than they are now. In answer to Ms. Hesch's questions, he said the public hearings are advertised in papers, on the buses, and by working through city governments and following their suggestions. The justification for T21 cannot be "welfare to work" but only "congestion mitigation." As to the transit way, feasibility is still being looked at. If it seems possible, the cities will be approached in the fourth quarter of 1999. Mr. Mondale has said he is willing to support the concept with the governor. General consensus: General concern was expressed about officially backing the T-21 application until Mr. Lamb explained it could be put in very general terms: "We support the improvement of transit in our community and are aware of the proposal of the Metro Transit. " (He will send exact language, but it would be this general.) He added a formal resolution is the most helpful, but even a letter would help. The Council felt this would be acceptable language. The Council also felt that at this point a joint meeting with the other cities was not needed. Police Dispatch Division, James Liddy and Gordon Wiborg, presenters Captain Liddy said the upgrading of the dispatch center impacts not only the police, but also the fire department and public works. The aim of the presentation was not to "sell" a certain 2 " . package, but to make the Council aware of its options. Sergeant Wiborg headed a task force comprised of people from all three departments that worked from April 5 to August 10. He presented a slide program detailing their findings. High points included: The last major upgrade was in 1988 for $562,000. Equipment is rated for a 12-15 year life span, except for the tower, which is 30 years. It was originally scheduled for replacement in 2001 at $477,000; but has been moved back to 2003. The dispatch center makes at least 67,000 contacts per year. For much of the public, these contacts are their only direct contact with the city . Annual cost is approximately $289,000, which includes amortizing costs. At present there is 24-hour-a-day walk-in and telephone service. Three main radio frequencies are owned by the city, with public works having an 800 mhz frequency. The most critical present problem is that the fire department has a non-repeated main. Chief Beckering added this means that fue department messages are not always transmitted as a repeater increases message range. So far it has not happened in a critical situation, but it could cost lives. Other concerns are there is no CAD Management, and the radio infrastructure is aged (so old it is Y2K compatible as it does not have the "new" computer chips that can be incompatible). The City has three options: maintain the replacement plan as it is; contract with outside agencies (such as Hennepin County Sheriff Dept. or other cities); consolidate with another city dispatch. If the Council keeps to the present plan it will retain its frequency licenses; maintain the present quick response time; keep control over personnel and service; be able to keep its jail. If it does not it will save in personnel and equipment costs. If the Council chooses to contract with Hennepin County Sheriff's Dept. there are fmancial savings, newer technology, and fewer personnel problems. A big push is made by the Sheriff's Department about "no user fees"; but there used to be no fees for jail use, and there now is a fee of $117 per day per booking. The disadvantages are that all radio frequencies would have to be permanently turned over to Hennepin County (each license is worth a minimum of $80,000), there would be a minimum 7-year commitment; $300,000 in equipment would become the County's; transition costs (moving equipment, etc.) would be about $80,000; calls are on a sector-wide priority so some Hopkins calls may have low priority; city control would be minimal as there are only 3-7 members for all users to the Users Board which meets every 2 years; the jail may not be able to be maintained, which would add a cost of about $80,000 a year to use the Hennepin County facility; loss of the V ARDA alarm (noise activated alarm for businesses). Basically the same issues would apply to contracting with other cities, but there are no definite costs or loss lists for those scenarios. Captain Liddy noted most systems are in the process of upgrading so numbers simply aren't available. Both Eden Prairie and Minnetonka have indicated they would be interested in consolidating, but both cities say the consolidated force would have to be in their buildings. He said Hennepin County contracting would give the most savings currently; however, that must be weighed against losing the licenses (especially public works' 800 mhz license), the unknown costs that may arise when Hennepin County becomes the country's first 800 mhz trunk system, and loss of control. Mayor Redepenning asked how Brooklyn Center got its frequency license back. Mr. Wiborg noted that was 25 years ago; now it could not happen as the Met Council has put a moratorium on new frequencies for Hennepin County. Mr. Mielke noted that the equipment issues 3 .~ . have a three-year period to be worked on; what is driving this issue now is manpower issues. In answer to Mr. Maxwell, Mr. Wiborg said a transition to Hennepin County would take 9-10 months. The jail loss centers around the fact the law requires 24-hour-a-day monitoring; without the dispatch center monitoring system, that would mean hiring someone to monitor. In answer to Mayor Redepenning, Shane of the fire department said a repeater would be $20,000-$30,000. Chief Liddy noted another option is to go ahead with re-equipping as planned, and in 12-15 years the County 's 800 mhz system would be a reality so decision making would have a better foundation. Diane Johnson asked about cities' opinions of using Hennepin County; Sgt. Wiborg said the city personnel are usually positive, but the firemen and police on duty are concerned about officer safety because of the way the system works. Since this was an information-only presentation. there was no consensus for action. There was general consensus that the fire department need is important. Other Issues Replacing Police Chief Steve Mielke said the Civil Service Commission sets up the process for the replacement. Their job is to set job descriptions, hiring and firing, and implementing the appeal process. The new law changes now make it possible to eliminate the Commission if the Council feels it is not needed; that decision must be made within 30 days if the Council, not the Commission, is to replace the Chief. Consensus: There should be a joint meeting with the Civil Service Commission to discuss the process of selection and the issue of whether the Commission should continue to exist. This should happen after the meetings of August 17. Motion to adjourn was made by Fran Hesch and seconded by Diane Johnson. It passed unanimously. Meeting adjourned at 10:25 p.m. Kasey Kester, recording secretary COUNCIL MEMBERS ATTEST: Charles D. Redepenning, Mayor 4 i Work S ssion Minutes Augu t 17, 1999 A City Council work session was held on Tuesday, August 17,1999 in the Council Chambers. The meeting was called to order by Mayor Pro Tempre Maxwell at 6:30 p.m. All four Council members were in attendance, as was City Manager Steve Mielke. Mayor Redepenning was absent. R fuse Issue-Interlachen Park The first item of discussion was the refuse issue-I nterlachen Park. City Manager Steve Mielke reviewed the history of this issue, indicating that three neighbors within the Interlachen Park neighborhood were in dispute over the placement of refuse, recycling, and brush pickup by one of the neighbors. The City Council had scheduled this for a discussion at the work session to determine the city's position relative to this issue, and to determine whether or not the issue was handled appropriately according to policy. City Attorney Jerre Miller reviewed a memorandum with the Council outlining his position relative to this issue. City Attorney indicated that he had reviewed the various documents presented to him, including a driveway easement, and determined the issue was one of a private nature, not public and that the City should not intervene in the dispute. After discussion, it was the Council's consensus that the staff should send a letter reiterating the position stated by Public Works Director Steve Stadler, and again suggest mediation as a way of resolving the issue. Additionally, they determined that they wish to stay with the existing policy document, and concurred with the statements and opinions of the City Attorney. Police Chief Hiring Process The next item was a discussion about the Police Chief hiring process. City Manager Steve Mielke reviewed with the Council the events from the Police Civil Service Commission meeting, which had been held earlier that day. He provided the Council with an outline of a draft process that the Commission was considering. Due to the City Council meeting scheduled for 7:30 p.m., the Council chose to suspend this meeting and to reconvene the work session after the City Council meeting. The meeting was suspended at 7:25 p.m. The work session was reconvened at 8:50 p.m. City Manager Steve Mielke continued the discussion outlining the Commission's desire to begin development of the position profile, and indicating that the Brimeyer Group would be hired to conduct that effort. Council was also informed that they would provide input to the Commission by helping to develop the position profile, and that under the current draft process, they would also be included in the interview process. Work session minutes 8/17/99 Page 2 " Board and Commi sion R ports Council member Jensen indicated her satisfaction with the Board and Commission reports, and indicated her concern about the lack of adequate communication with the Operations Board of the Hopkins Center for the Arts. City Manager Mielke indicated that he would be speaking soon with the chair of the Commission, Rick Brausen, and would discuss how to improve communications. He also indicated that the Operations Board wished to meet with the City Council at the September 14 work session to review the proposed merger plans. C unty Road 3 Project The Council then discussed the County Road 3 project stating that the earlier response to Mr. Bren should have included a statement that the County Road 3 project is a county project and they have control of contractor actions. Leaf Pickup A request was made to update the Council on the decisions regarding leaf pickups, explaining why we use the special process for collection in some neighborhoods and to clarify the dates that were determined by the City Council. The Council also requested that these explanations be used in upcoming advertising of the program. Accessibility of Bike Trails Council member Jensen indicated that she had spoken to someone at Sonoma Apartments who had indicated concern about the bike trails and the curb cuts accessing the bike trails being difficult to traverse for a wheelchair. She asked that the issue be considered and suggested a call to the manager of the Sonoma Apartments to get more details about the issue. Council member Jensen indicated that she had seen a near accident at the crossing of County Road 3 and the Hennepin Parks trail. She asked that the staff look at signage along that road and to investigate better ways of marking the county road so that vehicle drivers would be more cognizant of the trail crossing. She acknowledged that while there was signage, it was inadequate and too close to the crossing to be effective. City Manager Performance Package Steve Mielke indicated that he was still working on the performance package discussed during his .evaluation and that while the Mayor had been pushing him to develop the package, time constraints and other projects made this issue a lower priority and therefore, had not yet been completed. Consultant for Long Range Planning Steve Mielke indicated that interviews were being scheduled for the August 31 work session to select a consultant for the long range planning effort. Work session minutes 8/17/99 Page 3 There being no additional items Council member Hesch made a motion to adjourn. The motion was seconded by Council member Jensen and was passed unanimously. The meeting was adjourned at 9:25 p.m. ATTEST: CITY COUNCIL MEMBERS: Mayor