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Agenda -Final HOPKINS CITY COUNCIL Final AGENDA May 6, 2008 • 7:30 m THIS PRELIMINARY AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 7:15 pm — HRA Meeting 7:30 pm — City Council Meeting Work session after close of regular 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) IIL PROCLAMATION 1. City Arbor Day Proclamation • IV. REPORTS 1. Zoning & Planning; Linda Flynn V. CONSENT AGENDA 1. Minutes of April 15, 2008 City Council Meeting 2. Minutes of April 15, 2008 Work Session following the City Council Meeting 3. Minutes of April 22, 2008 Work Session 4. Second Reading for Ordinance 2008-999, Amending Section 315.05 of the Hopkins City Code, Background Investigations for Volunteers; Specken, (Memo) 5. Authorize Engineering Study — Cambridge Street; Bradford (CR2008-047) 6. Authorize the Publication and Distribution of the Updated 2008 AUAR and Mitigation Plan for the Excelsior Crossings Development; Elverum (CR2008-046) 7. Ratify Checks for the Month of April; Harkess 8. Miscellaneous Licenses for Approval, Obermaier Vote: Youakim Brausen Rowan Halverson Maxwell � QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE —(952) 939-1421 The Razzle Line is the Cit of Ho kins voice messa e s stem • VI. NEW BUSINESS 1. Approve Resolution Authorizing the Execution of a Joint Powers Agreement for the Leasing of Breathing Apparatus; Specken (CR2008-044) Vote: Youakim Brausen Rowan Halverson Maxwell 2. Award of Bid — 2008 Seal Coat Project, City Project 08-01; Stadler (CR2008-045) Vote: Youakim Brausen Rowan Halverson Maxwell VII. ADJOURNMENT Vote: Youakim Brausen Rowan Halverson Maxwell • � . A regular meeting of the Hopkins City Council was held on April 15, 2008, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Youakim, and Halverson. Also, present were staff inembers Getschow, Genellie, Harkess, Stadler, Elverum, Specken, Bradford, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:40 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS Matthew McNeil, 520 5t" Ave S, requested that the Council consider an ordinance controlling cats. III. OATH OF OFFICE 1. Liz Dorn, Charter Commission; Jannina Aristy, Charter Commission The City Clerk administered the oath of office to Liz Dorn and Jannina Aristy, new . members of the Charter Commission. IV. REPORTS - COMMITTEES/COMMISSIONS 1. Park Board Doug Datta reported that the Park Board did a final review of the parks and trails in the Comprehensive Plan; that Mr. Stadler is in the process of obtaining costs estimates of playground equipment for the ERP; Mr. Stadler presented the Wilder Study; and the Board reviewed preliminary drawings of proposed field four at Central Park. V. CONSENT AGENDA 1. Minutes of April 1, 2008 City Council Meeting 2. Minutes of April 1, 2008 City Council Work Session 3. Minutes of April 8, 2008 City Council Work Session 4. Approve Second Reading of Ordinance 2008-998, Regarding Water Systems (CR2008-040 5. Approve Second Reading of Ordinance 2008-997, Regarding Alcohol (Memo) 6. Approve Second Reading of Ordinance 2008-996, Regarding Disposition of Unclaimed or Surplus Property (Memo) � 7. HCA Loan (CR2008-043) • April 15, 2008 City Council Meeting Minutes Page 1 Mr. Stadler pointed out that the motion for item four should include ordering publication. Mr. Getschow pointed out that item seven, HCA Loan, was unintentionally left off the final agenda. It should be on the agenda and included in the motion. Council Member Halverson moved and Gouncil Member Brausen seconded a motion to approve the Consent Agenda as amended. A poll of the vote was as follows: Council � Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; ' Mayor Maxwell, aye. The motion carried unanimously. VI. PUBLIC HEARING 1. Approve Conduit Bond Financing for Raspberry Ridge (CR2008-042) Raspberry Ridge is a multifamily housing development consisting of 65 apartments and 36 townhomes. Community Housing Development Corporation, the owner of the project, has applied to the City to issue a multifamily housing revenue note. The proceeds will be used to refund prior bonds, finance approximately $886,000 in additional improvements, and fund a reserve. The project meets the requirements of the City policy regarding taxable/tax exempt financing. The City will not be liable for any payments on the project. The documents have been reviewed by Stefanie Galey, Faegre & Benson. u�� ; �' j Daniel Sallis, Vice President of Community Housing Development Corporation, and Sara Matala, J. L. Pope Associates, came forward. Ms. Salas gave a history of the project. Ms. Sallis and Ms. Matala answered questions. I ��, Mayor Maxwell opened the public hearing at 8:05 p.m. A member of the Cooperative Board came forward to read a letter from the Cooperative Board in support of the Bonding. Council Member Brausen moved and Council Member Youakim seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:09 p.m. Council Member Youakim moved and Council Member Brausen seconded a motion to approve Resolution 2008-028, authorizing the issuance, sale, and delivery of a ' multifamily housing revenue note (Raspberry Ridge Project), Series 2008, and prescribing the form of and authorizing the execution of related documents. A poll of the vote was i as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council I Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. � � VII. NEW BUSINESS �� i April 15, 2008 City Council Meeting Minutes Page 2 � ; -; � - . . , ., � ::..:,., ��... -- - - _ .. . _ , - _ _ . , --- - i - -- . 1. Approve Ordinance 2008-999, Regarding Background Investigations for Fire Department Volunteers for First Reading (CR2008-037) The Fire Department has begun to recruit volunteers for the Community Emergency Response Team (CERT) Program. Because the volunteers would be working with City residents in an emergency situation, the State has recommended that the departments conduct a background investigation on them. The easiest way to do this is through the Police Department's connection to the Minnesota BCA. The City's contract with BCA does not allow that unless authorized by ordinance. In response to Council Member Youakim's question, Mr. Genellie responded that the City pays an annual rate for the connection to the BCA. If the backgrounds were done through other means, the City would pay approximately $15 per check. Council Member Brausen moved and Council Member Halverson seconded a motion to approve Ordinance 2008-999 for first reading. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Accept Plans and Order of Bids for the 2008 Street Improvement Projects (CR2008-041) . On February 4, 2008, the City Council conducted a public hearing on street and utility improvements on Minnetonka Mills Road and 2" Street NE. The Council authorized the project to proceed and ordered plans and specifications. Marcus Thomas, Bolten and Menk, reviewed the plans and specifications and the project schedule. The City Council discussed the sidewalks and the difference in bids if the sidewalks and trails were bid as separate items AJ Mitchell, 101 Minnetonka Mills Rd, came forward and stated that he preferred a sidewalk to a trail on the sough side of the street. Council Member Youakim moved and Council Member Halverson seconded a motion to adopt Resolutions 2008-026, Resolution Approving Plans and Specifications, 2008 Street and Utility Improvements — City Project 07-10, and 2008-027, Resolution Relating to Parking Restrictions on Minnetonka Mills Road from 5 Ave N to 400 Feet East of Herman Terr — City Project 07-10, and Authorizing Advertisement for bids. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. � 3. Order AUAR Update, Excelsior Crossings (CR2008-039) April 15, 2008 City Council Meeting Minutes Page 3 � ' � fY,:;ii, In 2001, an AUAR was completed for the North Annex property to facilitate the proposed �% Medica project. The environmental review was necessary because of the size of the project and statutory requirements. In 2006, the AUAR was updated to take into account the Excelsior Crossing project, first analyzing the impact of 691,000 square feet and then again for 740,000 square feet. Opus has informed staff that they are now proposing an increase of 59,000 square feet to a total of 799,000 square feet, triggering another update to the AUAR. It will also take into consideration the change in use of the former retail pad on the east side of the property to a corporate daycare facility. The analysis will primarily concentrate on traffic ; impacts. � � RLK Associates, Ltd. completed the original AUAR and subsequent updates and would be ; in the best position to complete the update. The contract for services will be between ; the City and RLK. Costs of the update, estimated to be 521,500 will be paid for by i Opus. When the draft is completed in May, there will be a public review and comment � period. I ! Tom Shaver, representing Opus, presented the new elevations and plans. � �� John Dietrich, RLK Associates, explained the process for updating the AUAR. ��� ��. �, i Council Member Halverson moved and Council Member Youakim seconded a motion to i adopt Resolution ordering preparation of an update to the updated Alternative Urban Areawide Review (AUAR) and mitigation plan for the Excelsior Crossing office development. A poll.of the vote was as follows: Council Member Youakim, aye; Council i Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion � carried unanimously. 4. Approve Liquor Licenses and Tobacco License for A-Du Enterprises, LLC, �dba Best Buy Liquors at 808 Mainstreet (CR2008-038) The father-in-law of one of the owners of Best Buy Liquor Warehouse is in the process of purchasing the building next door to their current location. They plan on moving into the new location the end of June with a June 30t" opening date. Because the 30t of June is the last day of the current license period, they will need a 2007/2008 license for the day. The cost of the license is $200: The motion includes a waiver of that fee. Because the City is in the process of renewing 2007/2008 licenses, the motion will include the renewal of the liquor license and the granting of a tobacco license for the 2008/2009 license year. ��� � Roy Nguyen, co-owner of Best Buy Liquor Warehouse came forward to answer questions. �' � I April 15, 2008 City Council Meeting Minutes Page 4 �, i ; - __. _ -- - - _ -- -- - , ...�:., , .. _: . � - • � • � � Council Member Brausen moved and Council Member Halverson seconded a motion to approve a new off-sale liquor license, renew the same off-sale liquor license for the year 2008/2009 and approve a tobacco license for the year 2008/2009 for A-Du Enterprises, LLC, DBA Best Buy Liquor Warehouse, 808 Mainstreet, Hopkins and waive the fee of 5200.00 for the new license. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. 2008 First Quarter Financial and Investment Report (Memo) Christine Harkess, Finance Director, gave a presentation of the Financial and Investment Report. No Action was taken. VIII. 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 9:08 p.m. . Respectfully Submitted, Terry Obermaier, City Clerk COUNCIL MEMBERS ATTEST: Eugene J. Maxwell, Mayor . April 15, 2008 City Council Meeting Minutes Page 5 April 15, 2008 Page 1 MINUTES OF THE CITY COUNCIL WORK SESSION AT CONCLUSION OF THE REGULAR CITY COUNCIL MEETING • Tuesday, April 15, 2008 Mayor Maxwell called the meeting to order at 9:15 pm. Present were Mayor Maxwell and Council members Halverson, Brausen, Youakim and City Manager Rick Getschow. Sidewalks and Trails as Part of the 2008 Street and Utilitv Improvements: • Council discussed the need for another work session discussion regarding the construction of the trails and sidewalks as part of the 2008 street and utility improvements. The council will discuss the final plans for this project in the May 13 work session prior to the May 20 city council meeting whereby the bids for the entire project would be accepted. Work Sessions Locations: • Council discussed conducting work sessions in locations throughout the city. Staff will follow-up with council in the future regarding the exact locations of the work sessions and the timings of the work sessions. County Assessor Update: • • The City Manager stated that the Assessors under contract with Hennepin County will be at the next city council work session prior to the open book meeting that is planned for May 6 th from 5:00 — 7:00 pm. Cat Ordinances• • Based on the resident addressing the council earlier in the evening, the City Manager will plan a work session the following_ week to discuss animal control ordinances. With no further business, a motion was made by Brausen, seconded by Youakim to adjourn the meeting. The motion passed unanimously. The meeting was adjourned at 9:40 pm. Rick Getschow, Secretary CITY COUNCIL •ATTEST: Eugene J. Maxwell, Mayor • Apri122, 2008 Page 1 . MINUTES CITY COUNCIL WORK SESSION — Apri122, 2008 A work session of the Hopkins City Council was called to order by Mayor Gene Maxwell at 6:30 p.m. on April 22, 2008, at the Hopkins City Hall. Council members Rick Brausen, Kristi Halverson, Bruce Rowan and Cheryl Youakim were present. City staff present were City Manager Rick Getschow, Facilities Director Jay Strachota, Membership & Volunteer Manager Lynn Anderson; Director of Planning Kersten Elverum, City Attorney Bob Dieke, Public Works Director Steve Stadler, and Building Maintenance Superintendent Norb Kerber. Also present were Mike Smerdon, Earl Zent and Nate Stulc of the Hennepin County Assessors Office. Annual Assessor Update Mr. Smerdon said Hopkins did better with property values than most area cities, going down only slightly. Residential values (105 sales) went down 1.6%, condos (53 sales) went down 5%, and townhomes (35 sales) went down 3.3%. Properties are on the market longer than before, but prices are close to what they were a year ago. Mr. Zent noted there is more negative growth than before, and tax expenses will go up, especially on commercial property as those values mostly did not go down. Foreclosures skew percentages; condos were hit the hardest. Answering Mr. Brausen, Mr. Smerdon said in 2008 61 Hopkins properties went on sheriff's sales (the first step in foreclosure), 39 of which were condos or townhomes. There is no market for duplexes. Answering Ms. . Youakim, Mr. Zent said foreclosures are part of the problem, but market conditions are the bigger problem. Banks are becoming much more cautious about lending. Mr. Stulc commented that his real estate agent told him that sales were 50% above what the agency had projected last month. Mr. Getschow noted that currently there are 71 on the list which was sent to the utilities. He has a map of those, which are concentrated in south Hopkins. Mr. Zent noted they are also listed on the County website. Brooklyn Park and Brooklyn Center had much higher numbers. Answering Mayor Maxwell, Mr. Zent said commercial properties are holding steady or inching up slightly. Hopkins showed a+2% growth, due partly to the Cargill building, which accounted for 18 million of the 30 million dollars growth. He is cautious because he is starting to see commercial properties start to slow down. He knows of no foreclosures. Cargill will be Hopkins' "guiding star". Mr. Brausen commented that the total reassessment of Hopkins properties over the past couple years is unfortunate as values had been grossly underrated and values shot up. Now owners feel they should go down that much. Mr. Smerdon added that the assessors have to use figures that are based on the twelve months that ended six months ago. Mr. Zent said MLS throws everything into their ratings, including foreclosures, which they do not feel is appropriate. Everything comes back to employment and cost of goods. Mr. Smerdon said they would be at the open book session on May 6 from 5:00- � 7:00; residents may also call at any time. Mayor Maxwell asked what information residents should bring when they see the assessors. Mr. Smerdon said figures on sales in their area and appraisals. They have the right to appeal by June 4. • i - i � Apri122, 2008 • Page 2 Hopkins Center for the Arts Update � Facilities Director Jay Strachota said Art Center rentals are up; a major lease with �� Hopkins School District was just completed. Today Stages received word they will receive a$200,000 grant from McKnight for capital improvements. $120,000 of this will be used for a state-of-the-art stereo sound system. We are getting a good price as it will be the first of its kind in the area, and the company has already made arrangements to pay rent for the theater so they can demonstrate it to customers. Later he added it should be installed in August. Answering Mayor Maxwell, he said he does not know if the system can be extended to the Jaycee Room, but he will ask. The office alterations are complete; he is continuing to work on getting the information desk built. Storage space continues to be a challenge; a donated storage bin will be put behind the building to store the crates and supplies for Velocity. Lynn Anderson started March 3 as a part-time Membership and Volunteer Manager. The Board transition is going welL The state has finally approved the papers, so bank accounts, etc. can be transferred and the change completed. Ms. Anderson said there are eight members so far, seven of them new, and we are working with MAP for nonprofits to recruit non-Hopkins people. She is working on membership renewals right now. She is establishing links with the websites of the State Arts Board, MPR, Jazz 88, and art supply stores. She is working on fund raising; a small event will be May 16-19 when Linders' Greenhouse will give the Center 15% of sales to �' customers who mention Hopkins Center for the Arts. She is planning to have a major fund raiser for fa112009, and has talked to Triple Espresso and How to Talk Minnesotan so far. The goal is to get sponsors for the entertainment so all ticket sales, etc. will go to the Center. Ms. Youakim suggested that if this is decided by Raspberry Festival, a float ,;,, would be good publicity. Ms. Anderson said she is considering a car donations program, usin a commercial rou . Ma or Maxwell directed her to run that by the city attorney. � g g P Y Answering Mayor Maxwell, Mr. Strachota said the budget is done, but Ms. Hanna-Bibus would be the one to ask questions. Mr. Getschow noted it was done with the city budget as the city does the bookkeeping. The Friends budget is very small. Mr. Strachota. said memberships are down a little; staff is talking about combining business membership with sponsorship; concert subscriptions are up. Walk-up attendees are down. Next Saturday the new season will be posted. We are working to get involved with more community projects, such as the TC Jazz Festival the third Sunday in June if we can get a j grant. It would be good to get a"big name" concert on Raspberry Festival Saturday night � as tying a community event and a concert would result in much more press coverage. � Mr. Getschow asked if that would conflict with the street dance. Mr. Brausen said if done right, they would complement each other. Answering Mayor Maxwell, Mr. Strachota said Raspberry events would be mid-stage. Ms. McLean is working on getting performers who need to fill spots on a tour so we can get them cheaper. Answering Ms. Youakim, he said a list of local caterers is supplied to people doing events in the Center. Mayor M�well said the plans are a good start, but more excitement needs to be generated. Mr. Brausen noted programming has improved. Now it needs to be expanded to a new kind of audience. He still feels a"ticket tax" would be a good revenue source. Mr. Getschow added alternative funding is essential, especially with the economy slowing. Answering Mr. Rowan,lVlr. Strachota said Ms. McLean gets a fee for brokering talent and also does some advertising for the Center. ;,, � � - - _ - --- - -- -- ---� - -- - - - � _ _. ., _., ,, . . . ... . . .. . • Apri122, 2008 Page 3 Fifth Avenue Flats Project . Ms. Elverum said questions have been raised about using Dan Wilson and sharing information. There is no agreement on price. The Met Council says if Hopkins uses � condemnation, they would withdraw their money. Hennepin County would not, but we need to apply by May 1. She feels the withdrawal of the Met Council would not end the project as the original developer had used high estimates for clean-up costs. The resolution passed at that time is still good so we can meet the May 1 deadline. Ms. Elverum gave Council members an outline of points to cover when asked questions by residents. Answering Council questions, Ms. Elverum said staff thinks Park Plaza meets code requirements. Mr. Getschow will check if it meets all requirements for apartments. Attorney Dieke noted LHB made findings when they did the TIF District. The state has redefined "blight" since the project started. Answering Mr. Rowan, Mr. Dieke said "highest and best use" and "key property" are standard phrases in appraisal work. Answering Ms. Youakim, Mr. Dieke said he would look into the comp plan to see if it could have language that would help. General consensus was to make an offer May 6; if it is rejected, a public hearing could be held May 20. Answering Mayor Maxwell, Mr. Dieke said his office has kept the other attorney fully informed. He also directed Mr. Dieke to confer with the co- attorney before implementing anything. _ Ms. Elverum said the owner of 525 Mainstreet is "entrenched," and an offer needs to be made there also. Fuel Purchase Discussion . Public Works Director Steve Stadler said Hopkins buys its fuel through a state contract. We are not signatories, but are allowed to buy through it, just as we do for much of the city equipment. Mayor Maxwell said since fuel is such a big ticket item, the Council wanted to know how it is handled. Mr. Kerber noted the price changes daily. Answering Mr. Rowan, he said same-day delivery happens only 20% of the time, so the price may be different on the day other loads are delivered. He has to balance the city's need against the load delivery the company wants. Rick Getschow noted Minnetonka gets their fuel independently. Mr. Stadler said he will get comparisons on the prices charged for on- and off-contract loads. Cat Ordinances Mr. Getschow said at present Hopkins has no cat ordinance. Mr. Rowan commented if the cat owner is responsible, a letter from the city should be enough to settle problems. Mayor Maxwell said such a letter could be done under city policy, which wouldn't need an ordinance. Ms Youakim said she feels this would be an ordinance in search of a problem. Mr. Brausen asked what the minimum needed is to do the job without hiring staff. Mr. Getschow said it would be to establish policy rather than ordinance. Mayor Maxwell noted there is a limit on number of pets allowed already in place. General Consensus was to not pursue an ordinance. Mr. Getschow will put a sample letter in the next update packet. � Apri122, 2008 ' Page 4 Other u Ms. Youakim asked if anyone planned to attend the League of Minnesota Cities �� annual conference. She asked if we licerise check-cashing businesses. Mr. Getschow said Hopkins has none; the one nearby is a Minnetonka business. Mr. Brausen said has tried before to get a good definition of "capacity," and has been unable to do so. Mr. Getschow said he has already put that on his list of topics for work sessions. Mr. Brausen added concerts are going well, as is Stages. What else can be plugged in? Mr. Rowan said the fire alarm going off during opening night was a huge success. The fire trucks were there in 5-7 minutes, the exit plan went well, the audience applauded the actors when the play resumed. On motion by Ms. Halverson and second by Ms. Youakim, the meeting adjourned at 10:10 p.m. on a vote of 5-0. Kasey Kester, Secretary COUNCIL MEMBERS: � i i �� � ATTEST: i Eugene J. Maxwell, Mayor �+?� f� ---- -- - - - , : - - --- _ __ _ _ _ .,.::...f: � � - -- -- - _ .