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Agenda HOPKINS CITY COUNCIL FINAL AGENDA . March 16, 1999, 1999 7:30 p.m. THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 6:30 - HRA work session 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. March 2, 1999 regular City Council meeting minutes 2. March 9, 1999 City Council work session minutes 3. Hopkins Police Department juvenile accountability grant, (CR99-041) Liddy tit 4. Call for sale of bonds, Valley Park Housing Improvement Area No.3, (CR99-056) Elverum 5. Revision of revenue bond note, Augustana Chapel View, (CR99-050) Kerrigan 6. Resolution adding Maple Grove to the SW Mutual Aid Association, (CR99-054) Magdal 7. Resolution outlining the City of Hopkins' position, re: Elder Homestead expansion, (CR99-060) Mielke Vote: Maxwell Jensen Hesch Johnson Redepenning IV. OLD BUSINESS 1. Second reading of liquor ordinance, (Memo) - Geneflie Vote: Maxwell Jensen Hesch Johnson Redepenning 2. Approve engineering services agreement problem area #2, Hilltop Park, (CR99-055) - Gessele - Vote: Maxwell Jensen Hesch Johnson Redepenning II QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) -, --- . V. NEW BUSINESS 1. Parking recommendation for Lot 500A, 500B, and 600, (CR99-51) - Hartshorn Vote: Maxwell Jensen Hesch Johnson Redepenning 2. Met Transit park and ride proposal, (CR99-053) - Vogtman Vote: Maxwell Jensen Hesch Johnson Redepenning 3. Skate park task force report, (CR99-052) - Vogtman Vote: Maxwell Jensen Hesch Johnson Redepenning 4. Approve amendment to SuperValu conditional use permit agreement, (CR99- 058) - Gessele . 5. Approve plans, order bids 1999 alley project, (CR99-057) - Gessele Vote: Maxwell Jensen Hesch Johnson Redepenning VI. REPORTS - COMMITTEES/COMMISSIONS VII. ADJOURNMENT e - -- . A regular meeting of the Hopkins City Council was held on March 2, 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, Elverum 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. CONSENT AGENDA 1. February 16, 1999, regular City Council Meeting Minutes 2. Ratification of Prior Month's Disbursements 3. Second Reading, Zoning Ordinance Amendments (Memo) 4. Height Variance, 301 Wilshire Walk (CR99-023) . 5. Development Agreement, Valley Park Condos (CR99-042) 6. HCA Alcohol Policy (CR99-046) 7. Accept Project, Authorize Final Payment, Lift Station #5 (CR99-045) 8. Set Date for Property Tax Board of Review (Memo) Mayor Redepenning announced that item four has been pulled from the agenda. Council Member Hesch asked if the Council would be the Board of Review or if the committee of advisers would act as the Board of Review. A discussion took place about what is allowed and if the Council would have to ratify the findings of the Board if the Board consisted of the Committee members. Council instructed staff to review the information and inform Council what is allowed. Council Member Maxwell mentioned that the HCA Liquor Policy did not show a start time for service. Council agreed to approve the policy as is and instructed staff to insert the start time as per State Statute and bring the revisions back for Council approval. Council Member Johnson moved and Council Member Jensen seconded a motion to approve the Consent Agenda with the changes made to item six, HCA Alcohol Policy. 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. March 3, 1999, Regular City Council Meeting Minutes Page 1 - - The order of the next two items was changed to accommodate the number of people . who came for the street improvement hearing. IV. PUBLIC HEARING 1 . 1999 Street Improvements Jim Gessele said that in November 1998, Council authorized a feasibility study in regard to street and alley improvements in the neighborhood bounded by Mainstreet/Excelsior Boulevard and 11 th/13th Avenues South. The Feasibility Report was presented on Feb 2nd and Council ordered a public hearing. Legal notices were published and notices were mailed. Mr. Gessele said that the feasibility report has been amended to allow for the reconstruction of the portion of 13th Ave where a mill and overlay was previously planned. Two properties were effected by the change. The scope of the improvements includes reconstruction of the streets and alley and water utility, sanitary sewer, and storm sewer upgrades. The total estimated project cost is $997,320. The proposed assessment is $48.44 per foot, which represents the cap amount according to the assessment policy. Mayor Redepenning opened the public hearing at 7:38 p.m. Katie Rubio, 129 12th Ave S, asked how the assessed amount would be paid. Mr. . Gessele explained the process. Council Member Jensen asked Mr. Gessele to explain that there are two assessments for some that live on 12th Ave, because they would also be assessed for 1 st St S. Mr. Gessele also explained the deferment process. Council directed staff to research the deferment regulations to see if the City has the ability to defer assessments for more than ten years. Michael Christiansen, 1109 1 st St S, asked if the street would be made wider and cause the loss of the grassy area between the sidewalk and the street. He also asked if streetlights would by added, Marcus Thomas of Bolton and Menk said that the street would not be significantly wider and that the grassy area would remain. Mr. Stadler said that streetlights would be added. Jerry Korinek, 106 12th Ave 5, asked why his assessment is higher than his neighbor's across the street. Mr. Gessele explained that those living on the east side of 12th Ave S were being assessed on the cost of 12th Ave and the cost of 1 st St S between 11 th and 12th Avenues. The residents on the west side of 12th Ave S were assessed on the cost of 12th Ave and 1 st St S from 12th Ave to 13th Ave. The difference in the cost between the two blocks on 1 st St S is the difference in the assessments. . March 3, 1999, Regular City Council Meeting Minutes Page 2 ---- ---- - --- ---- . Tom Abbot of City Gables Association asked if they would be notified when the assessments are made. Mr. Gessele explained the assessment process. Dori Helmer, owner of 1200 and 1206 Mainstreet, questioned the cost of the alley reconstruction. Staff explained that the cost is higher because the alley is being converted to concrete construction for drainage purposes. The percentage that is assessed to the property owner is also higher because of exclusivity of use. Council Member Maxwell moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:03 p.m. Council Member Johnson moved and Council Member Maxwell seconded a motion to adopt Resolution 99-16, Resolution Ordering Improvements, Project 98-09. 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 Resolution, 1999 Community Development Block Grant (CDBG) Program . Kersten Elverum said that the City is eligible to receive $149,144 in CDBG funds for the 1999 program year. Staff recommended $144,144 for housing rehabilitation and $5,000 for Community Action for Suburban Hennepin (CASH). Mayor Redepenning opened the public hearing at 8: 13 p.m. No one came forward. Council Member Hesch moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:14 p.m. Council Member Hesch moved and Council Member Johnson seconded a motion to adopt Resolution 99-014, approving the proposed program for the 1999 Urban Hennepin County Community Development Block Grant Program and authorizing its submittal to Hennepin County. 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. . March 3, 1999, Regular City Council Meeting Minutes Page 3 V. OLD BUSINESS . 1. Approve Sanitary and Storm Sewer Rate Adjustments Lori Yager said that commercial and industrial properties were notified about the proposed rate changes and reviewed those changes for Council. Ms. Yager said that she received three phone calls asking for information. Information was forwarded to those callers. Council Member Jensen moved and Council Member Hesch seconded a motion to adopt resolution 98-87 which increases the storm sewer utility rate by $2.40 per residential equivalency factor and Resolution 98-88 which decreases the sanitary sewer rate by $0.25 per 1,000 gallons of metered water usage. 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. Second Reading, Liquor Ordinance (CR99-039) Jim Genellie told the Council that an issue concerning the termination of the combination license has been brought up by one of the licensees. Mr. Genellie said that letters were sent out to all license holders advising them that they would be permitted to raise any concerns at the meeting tonight. Staff recommended that . Council hear whoever wished to speak at the meeting and continue the item until it has had an opportunity to consider the combination license issue. Council Member moved and Council Member seconded a motion to continue the adoption of Ordinance 98-819; instructed staff to amend the ordinance to state the sale of an establishment that currently has an on-sale and off-sale license would not result in the loss of the off-sale license; and, instructed the City Attorney to review the legality of the changes. 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. VI. NEW BUSINESS 1. Approve Engineering Services Agreement, 1999 Street Improvements (CR99-049) Jim Gessele presented Bolton and Menk's proposal for engineering services on the project. Their proposal includes plan/specification preparation, construction staking and inspection, project administration and record drawings at a cost of $114,400. If plans and construction services are not needed for a segment of 13th Avenue South they will provide a $10,300 deduct. Mr. Gessele said that the fee represents sixteen . per cent of the total project cost and that that is a fair amount. March 3, 1999, Regular City Council Meeting Minutes Page 4 -- ---- ,-- --- --- . Council Member Hesch moved and Council Member Johnson seconded a motion to authorize the Mayor and City Manager to enter into an agreement with Bolton and Menk, Inc. for engineering services related to the 1999 street improvements program, Project 98-09. 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. Change Order, South Park Pond Maintenance Project (CR99-048) Steve Stadler told the Council that the contract is for the removal of excess sediment deposits by dredging in the South Park Pond. Mr. Stadler said that the contract specified an estimated 1,800 Cubic Yards of sediment removal. The post project inspection showed that 2,425 cubic yards were removed. Rosti Construction bid $11.85 per cubic yard, almost 50% below the next low bidder. The additional cost is an extension of the same unit price for the additional cubic yards of excavation. Council Member moved and Council Member seconded a motion to approve South Park Pond Maintenance contract change order for an amount,not to exceed $7,000. 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. REPORTS - COMMITTEES/COMMISSIONS Council Member Johnson said that the Chemical Health Commission met. They reviewed the HCA liquor policy and approved. They said they would like to meet with the City Manager to review the presumptive penalties for liquor law violations. They also discussed the Town Meeting planned for this spring. Council Member Hesch said that the Zoning and Planning Commission reviewed several items. One item of discussion was the way the number of cars on a used car lot is determined and the possibility of changing the ordinance. The Beard Group appeared to discuss the possible rezoning of the Allient Tech property. The Commission also discussed the B-2 and B-3 zoning districts. Council Member Jensen said that she attended a Park Board meeting. A representative from MTC attended. They discussed the transfer station that MTC would like to construct in Hopkins. . March 3, 1999, Regular City Council Meeting Minutes Page 5 VIII. ADJOURNMENT e 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 8:45 p.m. Respectively Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: . Charles D. Redepenning, Mayor . March 3, 1999, Regular City Council Meeting Minutes Page 6 - - -- -- ,- .-- MINUTES CITY COUNCIL WORK SESSION - MARCH 9,1999 . A work session of the Hopkins City Council was held at 6:30 p.m. on March 9, 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, Director of Public Works Stadler, City Attorney Steiner and Planning & Economic Development Director Kerrigan. Also present were Dick Koppy and Gary Brown to talk about the railroad study; Fred Hoisington of Hoisington Koegler Group, Inc. for the single family moratorium presentation; and Mark Anderson and Al Keller of A.P. Keller, Neal Weber as architect, Bill Beadling and Duane Denchfield of the American Legion, and John Sheehan of Cambridge Commercial Realty, all to speak on the medical clinic project. Rail Operations Study, Steve Stadler, presenter Mr. Stadler introduced Dick Koppy and Gary Brown by saying that Minnetonka and St. Louis Park had hired RLK to help with the conflicts the cities have with the railroads. There is a potential that switching yards, etc. will be moved to Hopkins so they wanted to update Hopkins City Council on the situation. Mr. Koppy said RLK started working with St. Louis Park last September; Minnetonka joined around Christmas, with their first meeting with the Council in February. He explained the three major corridors and how they have been affected by the closing of the 29th St. line. If all the short-term options were implemented, which they will not be, the cost would be about 22 million dollars. The major objective of RLK and the cities is to eliminate blocking within residential areas so that the trains are through traffic only; since rail traffic has doubled in recent years noise is a severe problem. Since . Hopkins is between the two cities involved, it was deemed wise to let Hopkins know what was being done and to try to convince the Council to become a third partner. 80-90 % of the funding for the study is from Hennepin County so financial outlay would be minimal. The major problem is that railroads are basically under federal control; about all the cities can do is work together to negotiate with the railroads. The legal process does not have many positive outcomes. The three major problem areas at present are Dominick Road, Minnehaha Creek area, Elmwood by Highway 7; the last can't be solved at present because of the elevation differences. At present the two cities now involved are hoping to move the Dominick Road switch area to an industrial area of Hopkins. Long term, they hope to have it moved to Glencoe, which is the headquarters for the Twin City & Western Railroad. The cities are encouraged in that both Canadian Pacific and TC&W have already agreed to each put a representative on a technical committee to study problems/solutions. An environmental study to establish noise levels will soon take place. If Hopkins joins the partner-ship, they may want to add items to the scope or add to possible options. General discussion included the points that Hopkins should get in the process since that is where blocking may be moved to; it is better to know what is going on and have some input in the process rather than try to get the court system to change things put in place. Mayor Redepenning noted "short term" solutions can be very long-term in effect so Hopkins needs to be involved in "interim" solutions. Mr. Maxwell said the agreement that brought Minnetonka into the partnership should be looked at. General consensus: Mr. Mielke should start a dialog with Minnetonka and 5t. Louis Park; the city attorney 1 s office should look into legal options to protect Hopkins if a win-win solution cannot be found. Fran asked that Mr. Mielke or other staff look at sections of the reports that concern Hopkins . before more discussion. Single Family Housing Study Update, Jim Kerrigan, presenter Mr. Kerrigan noted the options of dealing with demolition of single family housing had been reduced to three at an earlier session. Mr. Hoisington of Hoisington Koegler gave further details on the three, noting a conditional use permit system is easiest. City Attorney said the zoning system and CUP . system would differ in outlook. It is easier to change ordinances to accommodate the CUP system, but it would be harder to administrate than the zoning system. There is more latitude in turning down rezoning requests than CUP's; rezoning is easier to protect in the courts. Fran Hesch asked about seeing vote results of governing bodies of institutions wanting rezoning/CUPs; Mr. Steiner said it raised First Amendment issues. Gencml Consensus: At the April session, city staff should present hypothetical scenarios under each system for institutions such as S1. John's, Blake School, Mizpah, and Chapel View to help the Council understand the differences among the three options. Fran Hesch's question about requiring information on vote results should be looked into. Medical Clinic Project, AP Keller, Inc. and Jim Kerrigan, presenters Jim Kerrigan started by saying that the present site being considered is between 12th and 13th A venues south of Main Sf. AP Keller wanted to update the Council. Mr. Keller said both St. Joseph's and the American Legion have indicated they are willing to work with the clinic. The Fine building owner is not cooperative, but they feel they have enough backing to go ahead. The present clinic board has indicated they definitely want a Main S1. location. In concept, AP Keller will need tax increment funds for the parking ramp, but they are not ready to discuss amounts. Mr. Kerrigan noted a new tax increment district would need to be created and seems to be possible. Mr. Keller said they strongly wish to help the city with its parking concerns as they plan their parking ramp. Architect Weber said at present he is designing parking for about 400 cars with 3 access points, as well as a 3-4 story building. During discussion it was noted "pay-for" parking would not help the city. . General Consensus: Mr. Mielke should remain responsive to AP Keller's needs. Benshoof will get approval to let their city parking study results be given to AP Keller. Depot Project Update, Fran Hesch, presenter Ms. Hesch noted a key concern is that "Depot Coffee House" is listed as an assumed name for the City of Hopkins with the Secretary of State. This highlights issues of exactly what is the city responsible for. In relation to personnel, the student board is It in charge" but the city is legally responsible; how does this/should this work out in practice? The coffee house and the teen center have in practice turned out to be two different components. The project is losing money, and no one seems to have an explanation; what is the city's responsibility if all the money is gone in the future? She noted that so far Hopkins has not had a large financial burden as the renovation project cost of $300,000 was funded with only 6% coming from all government bodies involved. Steve Mielke noted he feels he is a facilitator, not a boss. There are many "parent organizations" but Hopkins is the most active. Does the Council consider this to be a "Hopkins project," and, if so, how do they want him to proceed? Where does his authority start and stop? He has never taken on the power to hire and fire, only the legal and financial issues. Does this need to change? He noted the manager has never been evaluated; that is necessary. Karen Jensen said her major concern is for the teens involved, that they not feel they were not supported. Others concurred. Fran Hesch said it is intolerable to be held responsible if the city can have no impact. She wants to encourage and support the students, but not on a "hand-out" basis that subsidizes waste. She feels there needs to be reports, etc. like from the Art Center if the city is to be held responsible. Mr. Maxwell noted it is hard to know . what to do or how to help if there are no figures, etc. to base decisions on. Several noted the renovation plan had been great, but the operation plan had not been well developed. Mayor Redepenning felt Steve needs to be the person where "the buck stops"; that he needs to monitor the operation and see that the --.-- -- -- --- -- --- ----- wishes of the teen board are carried out. He feels the other "partners II see Hopkins as the main "parent. " . General Consensus: Mr. Mielke should contact the other "partners" and see what they want done, particularly if Hopkins should become more responsible; he will become much more active in clarifying responsibilities. It should be made clear to the board that whoever takes fiscal responsibility has to be shown the financial records. He should report back next month. Other Issues: Hopkins Link: Bobbie Hartfiel has put together a quarterly publication about board and commission activities to be mailed to all residents. Cost per publication would be about $2,000. Consensus: Try one issue and see what resident response is. Diane Johnson noted Chemical Health was not included. Gene Maxwell said "job descriptions" for resident board! commission members should be included. Mayor Redepenning suggested' an ad be put in for the Depot noting it was open to everyone. Mr. Maxwell suggested selling ads in future issues be discussed at a later meeting. Star Tribune Article Mr. Mielke gave out copies of an article noting Hopkins' increase in real estate values. Elder Homestead Concerns have been expressed about the expansion of the Elder Homestead. Consensus: A resolution should be drafted indicating Hopkins I concerns. This should be considered at the next regular council meeting. . The budgeting format will be discussed at a later session. Motion to adjourn was made by Karen Jensen and seconded by Gene Maxwell. It passed unanimously. Meeting adjourned at 10:35 p.m. Kasey Kester, recording secretary COUNCIL MEMBERS ATTEST: . Charles D. Redepenning, Mayor -