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Agenda A regular meeting of the Hopkins City Council was held on June 1, 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, Parsons, Gessele, Magdal, Hartfiel, Johnson and City Attorney Jerre Miller. /. 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. OA TH OF OFFICE 1. Human Rights Commission: Deborah Shepers and Robert Samples The City Clerk administered the oath of office to Deborah Shepers and Robert Samples. Both Ms. Shepers and Mr. Samples will be serving on the Human Rights Commission. . IV. REPORTS - COMMITTEES/COMMISSIONS Council Member Maxwell said that there would be a parking meeting on June 2, a Hilltop Park neighborhood meeting at 6:30 p.m. on June 2, and a cable meeting next month. Council Member Hesch said that she was unable to attend the Zoning and Planning Commission meeting. v. CONSENT AGENDA 1. May 18, 1999, Regular City Council Meeting Minutes 2. May 11, 1999, Work Session Minutes 3. Ratification of Prior Month's Disbursements 4. Approve Appointments to Boards and Commissions (Memo) 5. Approve Farmers Market, (CR99-88) - N. Anderson 6. Renew Hazmat Contract, (eR99-098) - George Magdal 7. Award Bid 1999 Seal Coat Project, (CR99-1 01) - Gessele Council Member Jensen 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 I June 1, '999 City Council Meeting Minutes Page 1 ---~ -..---- Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. VI. PRESENTATION . 1. Recognition of Depot Board Members, Parsons Jim Parsons introduced the item and gave a brief summary of the history of the Depot Coffee House. Council Member Hesch introduced the members of the Depot Coffee House Board while Mayor Redepenning presented certificates of appreciation to the members. Mayor Redepenning then presented a certificate of appreciation to Council Member Fran Hesch for her contributions to the project. 2. James C. Howland Award and Certificates Mayor Redepenning explained the James C. Howland Award for Urban Enrichment, an award that was presented to the City of Hopkins at the National League of Cities conference for the Hopkins Center for the Arts. Mayor Redepenning then introduced Mr. James C. Howland, the originator of the award. Mr. Howland said that the City was chosen from among forty-two applications. The purpose of the award is twofold, first to publicize the good things that happen in cities and second, to hold up role models for other cities. Mayor Redepenning and Mr. Howland presented plaques of appreciation to those who made substantial contributions to the project and helped secure funding. Representative Betty Folliard accepted her plaque and the plaque for State Senator Steve. Kelley. 3. Hopkins Raspberry Festival, Nancy Rassmusen and Connie Grussing Nancy Rassmusen, the President of the Raspberry Festival, spoke about the history of the festival and explained the year-around activities of the Festival Royalty. Ms. Rassmusen thanked Mr. Howland for the financial contribution that was received as part of the award and said that the funds had been used for a new cover for the Raspberry Royalty float. Connie Grussing passed out T-shirts and Raspberry pins to those at the Council table. VII. PUBLIC HEARING 1. Assessment Hearing, 1999 Street Projects, (CR99-103) - Gessele Jim Gessele said that the Council has considered the proposed assessment and set the public hearing for June 1 st. A public hearing notice has been published and mailed along with an assessment statement to every affected property owner. Mr. Gessele reviewed the appeal procedure and the assessment policy. One appeal was received by staff prior to the Council meeting. One appeal was presented during the meeting. Mr. Gessele said that 1st Street S. was assessed like pt Street N., both the front and back lots were assessed. . June 1, 1999 City Council Meeting Minutes Page 2 Mayor Redepenning opened the public hearing at 8:07 p.m. Mr. Gessele said that the . resident of 133 12th Ave S requested a revision because the utilities were not in 1st Street S. No one appeared. Staff recommended denial. Bill Beadling appeared for the American Legion to ask that the assessment for 10 12th Ave S. be revised. Mr. Beadling said that he had not understood the policy on the two First Streets. Mr. Beadling also said that in view of a possible development project on the property, reconstruction of the alley might be premature. Mayor Redepenning said that the City is not aware of any development project at that location. 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 8:14 p.m. Council Member Maxwell moved and Council Member Hesch seconded a motion to deny the appeal for 133 12th Ave S. 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. Council Member Maxwell moved and Council Member Jensen seconded a motion to deny the appeal for 10 12th Ave S. 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. . Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 99-45, Resolution for Adoption of the Assessment Roll, Project 98-09, 1999 Street Improvements and adopt Companion Resolution 99-46, Resolution Declaring the Official Intent of the City of Hopkins to Reimburse Certain Expenditures From Bond Proceeds to be Issued by the City of Hopkins. 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. Application for Currency Exchange License for Pawn America, 168 Blake Rd N. Terry Obermaier said that Pawn America has applied to the Commerce Department for a currency exchange license. This license will allow them to offer a check cashing service. Ms. Obermaier reviewed the process that is in place for issuing the license. Mayor Redepenning opened the public hearing at 8:26 p.m. No one came forward. Council Member Maxwell moved and Council Member Hesch seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:27 p.m. . Council Member Maxwell moved and Council Member Hesch seconded a motion to adopt Resolution 99-042, Resolution Approving a Currency Exchange License for Pawn America, June 1, 1999 City Council Meeting Minutes Page 3 168 Blake Road N. 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. Conditional Use Permit (CUPl for Office Building, 2nd Ave 5 and Th 5t S (CR99- 099) - Kerrigan Jim Kerrigan said that the applicant, Frana and Sons Constrtuction Company, is proposing to construct a one-story office building on the corner of 2nd Ave 5 and 7th St S. The proposed building will be 10,780 square feet with a 7,920 square foot parking area in the basement. The proposed use complies with the zoning ordinance and comprehensive plan. Mr. Kerrigan said that the two issues that were brought up by the Zoning and Planning Commission were the height of the building and the access to the building. Mr. Kerrigan said that a larger higher building was approved on this lot in 1984. Zoning and Planning approved the CUP on a 3-2 vote. Council discussed the access and height of the building and the buildability of the lot. Peter Donnino, President of Frana and Sons, spoke about the project. Paul Madson, architect for the project, reviewed the plans along with the exterior components. Mr. Madson reviewed the site lines from the proposed building to the neighborhood homes, . showing that the homes were not as visible as stated. Several members of the Park Valley neighborhood expressed concerns about the access and the height issues. Council questioned if the developer has met with the neighborhood group. They had not. Council Member Maxwell moved and Council Member Hesch seconded a motion continue the item to the next regular Council meeting, and directed staff to review the traffic issues with the access and to define "buildable 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. Variance for Garages, 529 Co. Rd 73 (CR99-1 DOl - Jim Kerrigan Jim Kerrigan said that the apartment complex at 529 17th Ave N is proposing to construct 13 one-stall garages on the east side of the lot. There is a garage on the northeast corner of the lot. The area where the garages will be located is currently used as a parking lot. The required setback of three feet would not allow enough room for turning. The Zoning and Planning Commission approved the application unanimously. . June 1, 1999 City Council Meeting Minutes Page 4 . Council Members questioned if there would be enough room for fire truck access. George . Magdal, the Fire Marshall, replied that it appeared that there was sufficient room. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Resolution 99-44, approving a variance to allow a six-inch setback for the construction of 13 garages with the condition that the plans be reviewed by the Fire Marshall for emergency access. 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. Joint Proposal, Depot Coffee House and Hennepin Parks Regional Trailhead at the Depot, (CR99-104) - Parsons Jim Parsons said that Hennepin Parks owns the regional trails that run through Hopkins and that they are proposing to relocate the regional trailhead from its current location on Excelsior Boulevard and 8th Ave S to the Depot Coffee House. The proposed trailhead will include a small shelter, picnic tables and benches. Hennepin Parks proposes to pay a major portion of the cost of paving the Depot parking lot. Doug Bryant, Superintendent of Hennepin Parks, and Bob Wicklund, Director of Administration of Hennepin Parks, and Ken Ward, Depot Coffee House Board, were present to further discuss the proposal and time frame. Mr. Bryant said that there were two parts to the agreement. The first part defines the . relationship between the Hennepin County Rail Road Authority, Hennepin Parks, the City of Hopkins and the Depot Coffee House. The second part includes the site plan. Council Member Jensen asked about the pedestrian bridge. Mr. Bryant said that they are willing to review the need with the City. Council discussed the agreement, particularly the portion about the right of first refusal. Council Member Johnson expressed reservations with that clause, as did other Council Members. The City Attorney will review the agreement. Council Member Jensen moved and Council Member Johnson seconded a motion to acknowledge receipt of a concept plan and related documents from Hennepin Parks for a proposed regional trailhead at the Depot Coffee House and to refer the proposal to the Park Board, the Zoning and Planning Commission, the City Attorney and Metro Transit for review and comment. 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. Amend the City Code to Require Fire Sprinklers in Certain Basements and Prohibit Fires or Barbecues on Balconies (CR99-097) - Magdal . June 1, 1999 City Council Meeting Minutes Page 5 _ _ --.-- --.- George Magdal said that these changes are necessary to maintain our existing level of code requirements. The State's recent adoption of changes to the State Fire Code makes this . necessary. Council asked if the City is doing systematic inspections. Mr. Magdal said, "no, not at this time". Council Member Jensen moved and Council Member Johnson seconded a motion to adopt Ordinance 99-826, amending Section 905.03 to the Hopkins City Code, requiring fire sprinklers in certain basements and prohibiting barbecues on balconies of apartment buildings for first reading and directed staff to develop a policy of systematic inspections for Council to 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. 5. Approve Plans, Order Bids, Hilltop Park Storm Sewer (CR99-1 02) - Stadler Steve Stadler said that Council approved a consultant services proposal with SHE-RCM and authorized plans and specifications to address storm sewer issues in the Hilltop Park area, an area identified as a problem area during the 1987 floods. Mr. Stadler reviewed the plans and the scope of the project. The total estimated cost of the project is $96,555. Council Member Johnson moved and Council Member Hesch seconded a motion to . approve plans and authorize bids for the construction of Storm Sewer Project 98-17, Hilltop Park (Area 2). 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. IX. ADD ON 1 . Construction Change, 3rd Street S. Improvements, SuperValu Project (Memo) - Stadler Steve Stadler said that when the street was milled, it was discovered that there was more damage and inconsistency to the road bed than previously known. Repairing the bad spots will cost approximately $70,000 in addition to the present cost of the improvements and will probably need reconstruction within the next five years because of the heavy use of the road. Reconstruction of the bad area will cost an additional $90/000 and will not need further improvements for a much longer time. Mr. Stadler said that the additional cost of $20,000 would be a better choice. Council Member Johnson asked if the costs could be assessed. Mr. Stadler said that the process of assessing the costs will delay the project too long. . June 1, 1999 City Council Meeting Minutes Page 6 . I . Council Member Jensen moved and Council Member Maxwell seconded a motion to . approve the construction change for a partial reconstruction of 3rd Street S with an additional cost of $90,000. 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. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Johnson moved and Council Member Hesch seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:50 p.m. Respectively Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS . ATTEST: Charles D. Redepenning, Mayor . June 1, 1999 City Council Meeting Minutes Page 7 Work Session Minutes June 1,1999 . A City Council work session was held on Tuesday, June 1, 1999 in the Council Chambers after the regular City Council meeting. The meeting was called to order by Mayor Redepenning at 10:45 p.m. All City Council members were in attendance, as was City Manager Steve Mielke. The Mayor asked if any Council members had issues they wished to discuss. Video Store at the end of Mainstreet Council member Johnson asked for an update on the video store at the end of Mainstreet. Mielke indicated that the video store was proceeding and was under construction, and that they would not be classified as an adult establishment, since their space and materials would be 30 percent of all materials or less, as per our ordinance. Neighborhood meetings Council member Johnson asked about the Council discussion regarding neighborhood meetings as a policy or ordinance change. Mielke indicated that the staff would develop a policy or ordinance draft for Council consideration and suggested that neighborhood meetings be required as part of CUP and zoning changes. Hopkins Center for the Arts Usage Policy . Council member Johnson asked of the status of the Hopkins Center for the Arts usage policy and requested information as to how the Raspberry Festival would fit into that policy. Mielke indicated that he had received some feedback from Council members concerning this issue and wished to put it on a future Council agenda for additional discussion. He stated that the Raspberry Festival issue could be discussed at that time. Video Tape of May 18 City Council Meeting Council member Hesch requested a copy of the May 18 videotape of the City Council meeting. Mielke indicated that he would obtain a copy for her. Parking Task Force, Lot 500 Council member Jensen requested information regarding the parking task force and whether or not the Lot 500 issue was 30 or 50 stalls. Mielke indicated that at one meeting the decision was made to go with 30 stalls, but that Mike Tait was not at that meeting. At the following meeting Mike requested that the task force reconsider, which they did, and then authorized 50 stalls. Mielke further stated that he anticipated that the parking task force would readdress the question on the Wednesday, June 2 meeting. Zion Lutheran Church Council member Hesch informed the Council that the Zion Lutheran Church had authorized purchase of the third home on Fifth Avenue. . There being no further items of information the meeting was adjourned at 11 p.m. Work session minutes 6/1/99 Page 2 . ATIEST: CITY COUNCIL MEMBERS: . . -.-..-- -- MINUTES CITY COUNCIL WORK SESSION - JUNE 8, 1999 . A work session of the Hopkins City Council was held at 6:30 p.m. on June 8, 1999, at the City Hall. Council members present were Mayor Redepenning and Council members Hesch, Jensen and Maxwell. City personnel present were City Manager Mielke, Finance Director Yager, and Director of Public Works Stadler. As Ms. Yager had a conflict at 6:30 and would arrive after 7:30, it was agreed to change the agenda so her items would be last. Depot Marketing Strategy, Steve Mielke, presenter Some complaints have been received about the Depot and its competition with private business, particularly some of its advertising. Mayor Redepenning said Mr. Waters had asked if he could advertise in city publications since the Depot was. Fran Hesch noted the Board of the Depot had not seen the ads before they were published; she felt the Depot had strayed from its original policy of cooperating with other businesses. Mr. Maxwell said he felt money amounts should not be published about events, etc. in city publications. General Consensus: There was general agreement that it was okay for the Depot to compete as a business, but it was not okay to use unfair phrasing, etc. in its advertising. City publications material should be facts. Steve Mielke should oversee the writing of a general policy for events/businesses material in city publications, then have it reviewed by the city attorney before bringing it back to the Council. Fran Hesch specifically requested there be more discussion on the whole relation of City to Depot at a later date, to which there was general agreement. Steve Mielke should tell the Depot that the Council had discussed their . ads and were not happy with these particular ads. Ads need to be factual and not be slanted against competition. Other: High Speed Busway City Manager Mielke had been contacted by the Met Council about "putting the high speed busway on the fast track. 11 While the MTC talked about it as a long-term plan, the Met Council wants to bring it to the near future. Both options would use Hopkins as a transit station. Mr. Mielke said there were questions as to the bike trail just put in and the Depot site. He said the Met Council, MTC, Hennepin County Regional Rail Authority, Hennepin Parks and Hopkins are all parts of the planning. General Consensus: At the second July work session, the Parks and Zoning Commission should meet with the Council to discuss this. The Council agrees discussion (not action) should be put on the "fast track" so that options, etc. can be looked at. Review of Capital Improvements Plan, Lori Yager, presenter Finance Director Lori Yager briefly reviewed the Capital Improvement Plan. Mr. Stadler noted that Project SS2 would finish the storm water management program. New Parks projects are replacing the center brick in the Downtown Park and intra-city connections to existing regional trails. Ms. Yager noted that incorporating all increases would result in a 3% levy increase. . General Consensus: Steve Stadler will see if Project SS-1 (storm drainage system main- tenance) can be pushed back. He will see if the intersection at 73/5 can be done in 2001. The Council felt it needed more information on how going through HRA would save residents money on the Public Works storage facility. How have other cities funded such buildings? Gene Maxwell asked that a security system for the parking ramp be looked into. Review of Equipment Replacement Plan, Lori Yager, presenter Changes from last year are increase in computer replacement monies; breathing apparatus for the fire department has been moved up to 2003, while the ladder truck . replacement has been moved back to 2005; police body armor will be handled under their budget; the amount allotted for the public works truck was increased $10,000 and the two riding mowers replacement has been pushed back to 2001, as has the water fund truck replacement. General Consensus: The Council would like more information on why so many marked police cars are needed. They would like to see the equipment replacement fund reimbursement be changed to a $3,000 per year so the amount stays the same. Other: Depot ManaQer City Manager Mielke said there were 6 applications and 3 interviews. Those involved agreed Kathleen Tabor was the best choice; however, she wants more money than was anticipated. Fran Hesch asked if incentive pay could be a possibility, Parking Task Force Mayor Redepenning asked about this. City Manager Mielke said he felt there would be minority opinions. Fran Hesch said she would like to know what recommendations do not pass by a 2/3 majority. Other Issues Mr. Maxwell brought up the issue of problems at Town Terrace with loiterers, etc., and . asked if a community officer was still appointed. Mr. Mielke will look into it. Fran Hesch said she felt new board and commission members should have an orientation, especially the Planning and Zoning Commission members. Mr. Mielke will see what can be arranged. Mr. Maxwell said he would like to see an "Academy" started for informing community persons about the different areas of city government, and he would be willing to work on it. Other Council members liked the idea. Motion to adjourn was made by Fran Hesch and seconded by Gene Maxwell. It passed unanimously. Meeting adjourned at 9:55 p.m. Kasey Kester, recording secretary COUNCIL MEMBERS: ATTEST: . Charles D. Redepenning, Mayor ___ _u_,__~