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Minutes of the CC Mtg on May 7, 2013A regular meeting of the Hopkins City Council was held on May 7, 2013, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell, Council Members Cummings, Gadd, Halverson and Youakim. Also, present were staff members Anderson, Elverum, Genellie, Harkess, Morrison, Specken, Stadler and City Attorney Jeremy Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:05 p.m. II. PRESENTATION 1. Proclamation for Rebecca Gorlin for receiving the "Girl Scout Gold Award" Mayor Maxwell recognized Rebecca Gorlin for her hard work and dedication on receiving the Girl Scout Gold Award. 2. Proclamation for Rachel Gorlin for receiving the "Girl Scout Gold Award" Mayor Maxwell recognized Rachel Gorlin for her hard work and dedication on receiving the Girl Scout Gold Award. 3. Proclamation for Don Bates Mayor Maxwell recognized Don Bates for his many years of outstanding musical service to the Hopkins community. Mr. Bates will be honored on May 18, 2013, 11 am, in Hopkins Downtown Park. 4. Citizens Academy Graduation Mayor Maxwell and the Council thanked the Citizens Academy participants for their involvement in the program and presented each with a certificate and Hopkins Historical Society Book. Mr. Morrison congratulated the graduates and encouraged them to invite their Hopkins neighbors to attend future scheduled Citizens Academy programs. III. REPORT 1. Planning Commission Report Mr. Aaron Kuznia of the Zoning and Planning Commission reported on the following items: • The Conditional Use Permit to operate a day care at 8353 Excelsior Boulevard was discussed. There was much discussion regarding parking, traffic and the playground area. Several residents from the abutting neighborhood appeared. Traffic and parking was the major concern of the neighborhood. The Zoning and Planning Commission identified conditions for the application and the motion was approved on a 4-1 vote. • The Massage Ordinance was continued until further reading. IV. CONSENT AGENDA 1. Minutes of the April 16, 2013 Council Meeting 2. Minutes of the April 16, 2013 Work Session Following the Council Meeting 3. Minutes of the April 23, 2013 Work Session 4. Ratify Checks for the Month of April; (Memo) 5. Approve Two Temporary Liquor Licenses for the Hopkins Elks Lodge; (CR 2013-038) 6. Second Reading of Massage Ordinance 2013-1061; (Memo) Mr. Steiner advised the Council regarding Consent Agenda #6. Council Member Gadd moved and Council Member Youakim seconded a motion to approve the Consent Agenda. A. poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. V. NEW BUSINESS 1. Move to Adopt Resolution 2013-024, Approving a Conditional Use Permit to Operate a Day Care at 8353 Excelsior Boulevard; (CR 2013-040) Ms. Anderson addressed Council regarding the Conditional Use Permit to operate a day care at 8353 Excelsior Boulevard. Ms. Anderson gave an overview of the zoning of the property, results of the traffic study, proposal to reconfigure the site to a one-way drive and the neighborhood concerns. There was much Council discussion regarding the parking requirements, designated drop off spots, employee parking, van transportation and the condition that no parking from the day care will be allowed in the residential neighborhood abutting the day care. Mr. Osman Ibrahim, the applicant, Mr. Jason Letourneau, the architect, and Ms. Oth Loma, the day care consultant came forward and addressed the Council. Mr. Letourneau gave an overview of parking & drop- off spots, reviewed the day care requirements of adult to children ratio, day care layout, space requirements, playground and refuse location & pick up. There was much Council discussion regarding parking, one way drive lane, space requirement for childcare rooms, state requirements, number of daily catered meals, playground requirements, fencing, security, outdoor time requirements, playground equipment requirements, lighting, van transportation, refuse location and pick up. Mr. Stadler addressed the Council regarding playground equipment and roadways. Ms. Anderson addressed the Council regarding the lighting requirements and reviewed the recommended conditions: 1. That the applicant is granted a state license. 2. That the site is reconfigured to a one-way as diagramed in the SRF traffic study. 3. That a solid six-foot fence is constructed on the east side of the site on the south and east sides. 4. That the hours of the day care will be no more that 6 am to 9 pm Monday through Friday and 6 am to 6 pm Saturday and Sunday. 5. That there will be no parking from the day care use on the residentially zoned R -1-C district abutting the day care site. 6. That the applicant shall not be allowed to provide day care service for more than 55 children on site at any given time. The following residents addressed the Council: John Landschoot, 121 Ashley Road, came forward to comment on concerns of garbage pick up times, parking and traffic. Ms. McConnell, 35 Ashley Road, came forward to comment on traffic and weekend hours of operation. Aaron Kuznia, 20 Ashley Road, came forward to comment on concerns regarding parking and location of refuse containers. Gretchen Marble, 1313 Boyce Street, came forward to comment on concerns over parking in the neighborhood. 2 Mr. Letourneau addressed the Council and neighborhood concerns regarding types & location of refuse containers, timing and frequency of refuse pick-up, visually secure fencing and encouraged neighbors to call the business owner or Police Department regarding parking issues. There was Council discussion regarding adding conditions to location of refuse containers and pick up times and frequency. Mr. Steiner advised the Council that additional conditions should be added to the Conditional Use Permit at this time. The additional condition: Refuse containers shall be located on the West side of the building. Refuse pickup shall be scheduled between the hours of 10 am and 3 pm at least two times per week. Council and staff encouraged neighbors to address any future concerns with the city and business owner immediately. Council Member Youakim moved and Council Member Gadd seconded a motion to adopt Resolution No. 13-24, approving a conditional use permit to operate a day care at 8353 Excelsior Boulevard with the conditions added by the Zoning & Planning Commission and the additional condition that refuse containers shall be located on the West side of the building. Refuse pickup shall be scheduled between the hours of 10 am and 3 pm at least two times per week. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve Professional Service Agreement — City Building Controls Upgrade Project; (CR 2013-041) Mr. Stadler addressed the Council regarding the building control upgrades. The agreement with Sebesta Blomberg for the design and integration of a building automation control system upgrade for city facilities will allow for an integrated system to monitor and control building equipment. There was Council discussion regarding the costs of the project, better control over buildings that have different hours of operation, ability to monitor and control energy remotely and energy cost savings. Council Member Cummings moved and Council Member Halverson seconded a motion to authorize the City Manager to enter into a professional services agreement with Sebesta Blomberg & Associates, Inc. for a not to exceed cost of $15,000 for the design and integration of a building automation control system upgrade for city facilities. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Call for Public Hearing Regarding a Housing Development and the Issuance of a Housing Facilities Revenue Refunding Bond, Series 2013, for the Benefit of Augustana Chapel View Homes, Inc.; (CR 2013-039) Ms. Harkess gave an overview of the issuance of a Housing Facilities Revenue Refunding Bond for the benefit of Augustana Chapel View Homes, the bond administrative fees generated, current number of conduit debt issues and the benefit of assisting a Hopkins business with no liability to the City of Hopkins. Ms. Julie Eddington of Kennedy and Graven explained the process of bonding and the requirement of a public hearing, which is scheduled for June 4, 2013. 3 There was much Council discussion regarding the refinancing of bonds, no impact on the City's debt load or bond rating and that all fees are paid for by Augustana Chapel View Homes. Mr. Steiner advised the Council regarding the bond. Council Member Cummings moved and Council Member Halverson seconded a motion to Approve Resolution 2013-023 calling a public hearing regarding a housing development and the issuance of a Housing Facilities Revenue Refunding Bond, Series 2013, for the benefit of Augustana Chapel View Homes, Inc., under Minnesota statutes, Chapter 462C, as amended, and providing preliminary approval to the issuance of the bond. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. ANNOUNCEMENTS 1. Citizens State Bank Annual Anniversary is Thursday, May 9, 2013 from 7:30 to 9:00 am. 2. Girls on the Town is May 11, 2013 from 10:00 am to 3:00 pm. 3. May Day at the Center for the Art is Saturday, May 11, 2013, 10:00 am- 3:00 pm. 4. Raspberry Renters Kick -Off is Tuesday, May 14, 2013 at 6:00 pm at MarketPlace and Main. 5. The Hopkins Area Jaycees will be sponsoring Mainstreet Days on Saturday, May 18, 2013 from 9:00 am to 4:00 pm. 6. Hennepin County Master Gardeners Annual Plant Sale is on Saturday, May 18, 2013 from 9:00 am to 2:00 pm at the Hopkins Pavilion. VII. ADJOURNMENT There being no further business, Council Member Halverson moved and Council Member Gadd seconded a motion to adjourn the meeting. The meeting was adjourned at 8:50 p.m. Respectfully Submitted, Debbie Vold COUNCIL MEMBERS r.6r11n Eugene J. Maxwell, Mayor 4