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Agenda• HOPKINS CITY COUNCIL FINAL AGENDA Tuesday, June 1, 2010 7:30 am THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 7:25 pm - HRA Meeting 7:30 pm - City Council Meeting Work Session after Close of Regular City Council Meeting 1_ CALL TO ORDER 11. OPEN AGENDA - PUBLIC COMMENTS/CONCERNS (Public must fill out a Speaker Request Form. Three minute limit for each person) III. PRESENTATION 1. CERT Graduation; Specken IV. REPORTS 1. Zoning & Planning Commission; Newcomb 0 V. CONSENT AGENDA • 1. Minutes of the May 18, 2010 City Council Meeting 2. Minutes of the May 18, 2010 Council Work Session after the City Council Meeting 3. Minutes of the May 25, 2010 Council Work Session Meeting 4. Miscellaneous Licenses for Approval; Obermaier 5. Ratify Checks for the Month of May; Harkess 6. Proclamation for the Girl Scouts; Maxwell 7. Approve the 2010 Growers Market (Farmers) Annual Agreement; Anderson (CR2010-051) 8. Appoint Kyle Skiermont to the Park Board; Maxwell (Memo) 9. Appoint Linda Flynn to the Park Board; Maxwell (Memo) 10. Appoint Aaron Kuznia to the Zoning and Planning Commission; Maxwell (Memo) 11. Appoint Doug Datta to the Zoning and Planning Commission; Maxwell (Memo) 12. Appoint Andrea Kloehn Naef to the Zoning and Planning Commission; Maxwell (Memo) 13. Approve Second Reading of Ordinance 2010-1020, Compliance Checks and Inspections; Genellie (Memo) QUESTIONS OR COMMENTS? ASK THE CITY! Call (952) 939-1421 Ask the City is the City of Hopkins voice message system) 14. Approve Ordinance 2010-1019 for Second Reading (Food Code), Approve the Summary of Ordinance 2010-1019, and Order the Summary Published and Posted at the Hopkins Library; Genellie (Memo) . 15. Approve Temporary 3.2 Beer License for St. John the Evangelist Church, Ataxia Foundation; Obermaier (CR2010-052) 16. Approve Second Reading Ordinance 2010-1018, Amending Section 610, Swimming Pool Code; Kearney (Memo) Vote: Youakim Brausen Rowan Halverson Maxwell VI. NEW BUSINESS 1. Adopt Resolution 10-27, Approving Ordinance 10-1021, Rezoning of 8098 Excelsior Boulevard (Jacobs Trading) to Business Park; Anderson (CR2010-049) Vote: Youakim Brausen Rowan Halverson Maxwell 2. Adopt Resolution 10-28, Approving Ordinance 10-1022, Rezoning of 7900 Excelsior Boulevard (Ugrets building) to Business Park; Anderson (CR2010-050) Vote: Youakim Brausen Rowan Halverson Maxwell • 3. Adopt Resolution 10-26A, Recommending denial of Proposed Ordinance 10- 1015, Amending the Sign Ordinance to Allow Electronic Changing Signs to Change every 20 Minutes; Anderson (CR2010-048) Vote: Youakim Brausen Rowan Halverson Maxwell • VII. ADJOURN Vote: Youakim Brausen Rowan Halverson Maxwell QUESTIONS OR COMMENTS? ASK THE CITY! Call (952) 939-1421 Ask the City is the City of Hopkins voice message system) • A regular meeting of the Hopkins City Council was held on May 18, 2010, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Youakim, Brausen, Rowan, and Halverson. Also, present were staff members Getschow, Genellie, Stadler, Elverum, Bradford, Kearney, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were none. III. CONSENT AGENDA 1. Minutes of the May 4, 2010 City Council Meeting 2. Minutes of the May 4, 2010 City Council Work Session 3. Minutes of the May 11, 2010 City Council Work Session 4. Miscellaneous Licenses for Approval (Memo) 5. Approve a Temporary Liquor License for the Hopkins Area Jaycees Raspberry • Dances on July 16-17, 2010 (CR2010047) 6. Approve Ordinance 2010-1017, Second Reading, Establishing Overlay for Downtown District (Memo) 7. Appoint Fran Hesch and Karen Jensen to the Charter Commission (Memo) 8. Adopt Resolution 2010-026, Withdrawing from the 1984 Public Works Joint Powers Agreement (CR2010-046) n U Council Member Halverson moved and Council Member Rowan seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council . Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. IV. NEW BUSINESS May18, 2010 City Council Meeting Minutes Page 1 • 1. Adopt Resolution 2010-022, Accepting Bids for 51h St S Reconstruction Project; Resolution 2010-023, Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment; Resolution 2010-024, For Hearing on Proposed Assessments, 5th St S, City Project 08-07; and Resolution 2010-025, Relating to Parking Restrictions on 5" St S (CR2010-045) The bid opening for the 51h St S reconstruction project was held on May 12, 2010. The low bid was $891,127.06. The bid includes $173,830.66 to mill and overlay K -Tel Drive in Minnetonka. Minnetonka is paying that expense. The Hopkins portion is $64,000 under engineer's final estimate. The total estimated project cost is $1,160,000. The Hopkins portion of this cost is $969,000. The assessable amount is calculated based on 70% of the assessable roadway costs of $618,360.95. The total amount to be assessed is $432,852.67. Mr. Bradford reviewed the schedule. The Council discussed the portions of the bid that would be paid for by Minnetonka. Staff is still working on a contract with Minnetonka that will outline the project payment. The Council also discussed the water service for the businesses, asking staff to check the services to make sure they are in good condition; and parking and access to businesses during construction; and how staff would keep the businesses updated on the project. • Council Member Brausen moved and Council Member Youakim seconded a motion to adopt Resolution 2010-022, Accepting Bid for 5th St S Reconstruction Project. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2010-023, Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. • Council Member Youakim moved and Council Member Halverson seconded a motion to adopt Resolution 2010-024, Resolution for Hearing on Proposed Assessments, 5th St S Reconstruction Project, City Project 08-07. A poll of the vote was as follows: Council May18, 2010 City Council Meeting Minutes Page 2 • Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Halverson moved and Council Member Rowan seconded a motion to adopt Resolution 2010-025, Relating to Parking Restrictions on 5th St S. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve Loan Agreement Between City of Hopkins and Hopkins Area Little League (CR2010-044) The project includes the construction of two fenced batting cages between field #2 and #3 and two fenced pitching mounds just outside the outfield fence of field #2. The total project cost is $30,000. The City would pay $3,000 plus give a five-year loan of $15,000 to the Hopkins Area Little League. Money would come from Park Dedication Funds. The Hopkins Park Board has approved providing funding assistance to the Little League for this project. Staff agreed to notify residents that the fences would be installed. Council Member Halverson moved and Council Member Rowan seconded a motion to authorize City Staff to sign a $15,000 loan agreement with Hopkins Area Little League • plus approve a $3,000 City Contribution to finance the construction of two batting cages and practice pitching mounds. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. • 3. Approve Ordinance 2010-1020, Amendments to Section 115, Tobacco Compliance (CR2010-042) The Police Department uses minors to do Tobacco Compliance Checks. This past year, a compliance check was done at Holiday. The clerk asked the minor for an ID. She said that she did not have one. He sold the cigarettes to her. Holiday asked for a hearing based on the language of the ordinance; "All minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by May18, 2010 City Council Meeting Minutes Page 3 • the licensee, agent or employee and shall produce identification, if any exists, for which the minor is asked. The City prevailed, but the City Attorney suggested that the wording "if any exists" should be replaced with "if in the minor's immediate possession". Council Member Brausen moved and Council Member Halverson seconded a motion to approve Ordinance 2010-1020 for first reading. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Approve Ordinance 2010-1019, First Reading, Amendments to Section 600, Food Code Compliance (CR2010-041) During the process of amending Section 600 to add Mobile Food Vendors, staff determined that other changes were necessary. Also, in the process of renewing the delegation agreement with the Minnesota Department of Health, the Department reviewed our ordinances and made suggestions for changes. Mr. Genellie explained the changes to the ordinance. • The City Council discussed the differences between the Special Event License and the Temporary Food License and asked Mr. Genellie to check with St. Louis Park and Minnetonka to find out what type of license those cities issue to Cub for their hot dog trailer. • Council Member Brausen moved and Council Member Youakim seconded a motion to approve Ordinance 2010-1019 for first reading. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. May18, 2010 City Council Meeting Minutes Page 4 5. Approve Ordinance 2010-1018, First Reading. Amending Section 610 — Swimming Pool Code (CR2010-041) The Minnesota Department of Health modified the definition of a "Public Pool" in 2008 and incorporated some new Minnesota Rules into the State Swimming Pool Code. Because the City entered into the new MDH Delegation Agreement, they have asked the City to amend our Pool Ordinance to be in line with the current Minnesota Swimming Pool Code. Mr. Kearney explained the changes. Council Member Rowan moved and Council Member Halverson seconded a motion to approve Ordinance 2010-1018 for first reading. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. Nick Taylor, Boy Scout Troup 123, attended the meeting. Peter Bosclair, Vice Chair of Depot Coffee House, appeared. Mr. Bosclair presented some environmental programs to the Council. They included the Blue Star Recognition Program, recognizes cites that excel in stormwater management; Green Step Cities, helps • cities take steps to become greener and save energy; and Minnesota GreenCorps, offers stipends and grants for members. c: V. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Youakim seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:40 p.m. Respectfully Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS May18, 2010 City Council Meeting Minutes Page 5 • • • ATTEST: Eugene J. Maxwell, Mayor May18, 2010 City Council Meeting Minutes Page 6 Page 1 May 18th, 2010 • MINUTES OF THE CITY COUNCIL WORK SESSION AT CONCLUSION OF THE REGULAR CITY COUNCIL MEETING Tuesday, May 18th, 2010 Mayor Maxwell called the meeting to order at 8:45 pm. Present were Mayor Maxwell and Council Members, Brausen, Halverson, Youakim, Rowan and City Manager Rick Getschow. OTHER: • Council member Youakim asked if the Park Board had considered practice boards being placed at tennis courts within the city. City Manager Getschow will follow-up. • Mayor Maxwell and Council member Halverson gave an update on the meeting they had with the Elks regarding 8th Ave redevelopment. • City Council discussed the recent petition brought forward regarding the sale hours for off -sale liquor stores. City Manager Getschow will ask the City Clerk to conduct further research before • a decision is made. • City Council discussed the joint meeting with the Park Board that will be occurring on May 25th. • City Council discussed the city booth that they will have on Mainstreet Day. With no further business, a motion was made by Brausen, seconded by Halverson to adjourn the meeting. The motion passed unanimously. The meeting was adjourned at 9:20 pm. Rick Getschow, Secretary CITY COUNCIL: ATTEST: Eugene J. Maxwell, Mayor Page 1 MINUTES OF THE CITY COUNCIL WORK SESSION • Raspberry Room Tuesday, May 25, 2010 Mayor Maxwell called the meeting to order at 6:35 pm. Present were Mayor Maxwell and Council members Kristi Halverson, Rick Brausen, Cheryl Youakim, Bruce Rowan, Hopkins City Manager Rick Getschow, Park Board Members Doug Datta, Jason Gadd, Aaron Kuznia and Sharon Paulson, Public Works Director Steve Stadler, Students from Hopkins Junior High school and two members of the Tobacco -Free Youth Recreation (TFYR) Organization. TOBACCO -FREE POLICY: Steve stated that the students came to a Park Board meeting on May 17th, 2010. At that meeting they discussed creating a Tobacco -Free Policy Request for the Hopkins park system. He stated the 6 reasons why a policy is a good idea; youth gather at parks and watch, cigarette butt litter, secondhand smoke and healthy living for all. The Students and TFYR brought in a petition that was signed by residents near parks. Stadler will review it. He stated that it would be a good idea to create signage for the parks that would say tobacco -free area or something similar. TFYR has funding to cover this. Steve stated that the next Park Board meeting will be June 21 st. At that meeting the Park • Board and the students will discuss the proposed new policy and its recommended implementation. SHADY OAK BEACH PLAY EQUIPMENT PROJECT: Steve stated that the play equipment selection process continued with three finalists showing their proposed equipment at a May 24th open house. Children and parents had an the opportunity to mark their preferred design. Shortly thereafter, the Joint Minnetonka - Hopkins Park Board and staff selection committee will chose a winning proposal. He stated that site preparation will be done this fall with equipment installation next spring. Staff will review the three finalist's proposals and the types of equipment being considered for the 2- 5 year old play area and the 5-12 year old play area. Steve stated that a decision should be made by next week and the installation would start in the spring of 2011. Council asked Steve to get references from these three companies and look at any problems that they might have had with the quality of equipment. Steve stated that in terms of the 2011-2015 CIP, the Park Board has proposed to add a new CIP project that would provide periodic funding for miscellaneous improvement in the parks. Items such as replacing play area edging, picnic shelter repairs, new grills, landscaping improvements, new color coating for asphalt play areas, etc. See attached CIP project sheet. The Park Board also moved the planned replacement of the Hilltop Park play •equipment back from 2010 to 2014. The goal is to replace equipment at 20 years but this equipment is still in great shape -future year replacements will most likely be at/near the 20 - year point for the more heavily used parks. Page 2 • Other: • Council discussed the food license ordinance that will have a second reading next Tuesday. • The Council and City Manager discussed preliminary plans for the 2011 budget. • Mayor Maxwell stated that Aaron Kuznia and Doug Datta will be going to the Zoning and Planning with Andrea Naef, Kyle Skiermont and Linda Flynn will be going to the Park Board. There will be training on these positions with the League of Minnesota. • City Manager Getschow stated that the Step to it Challenge is going well and the City of Hopkins is in the lead for Average steps per participant. • There will be an article in the highlight discussing pedestrian and crosswalk safety. • The Mayor commended the City Manager on the process used for selecting new Police Chief Mike Reynolds. He felt everything went very well and he is looking forward to the council working with the new chief. • On a motion by Brausen, and second by Youakim, the meeting was adjourned at 9:10 pm. Debbie Sperling, Secretary ATTEST: Eugene J. Maxwell, Mayor • CITY COUNCIL