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08-05-2013 CCA regular meeting of the Hopkins City Council was held on August 5, 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, Bradford, Elverum, Genellie, Harkess, Luedke, Morrison and City Attorney Wynn Curtiss. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:19 p.m. II. CONSENT AGENDA 1. Minutes of the July 23, 2013 Council Meeting 2. Minutes of the July 23, 2013 Work Session Following the Council Meeting 3. Adopt Resolution 2013-032, Increasing the Pavilion Prime and Non -Prime Hourly Ice Rental Rates Effective September 1, 2013; (CR 2013-060) 4. Second Reading of Ordinance 2013-1063 Amending Section 1200 of Hopkins City Code; (Memo) 5. Ratify Checks for the Month of July, 2013; (Memo) 6. Adopt Resolution 2013-042, Revising Legislative Policy 2-H, Travel Regulations and Reimbursement Policy; (CR 2013-076) 7. Approve Lease Agreement with Hennepin County for Election Equipment; (CR 2013-075) Ms. Luedke addressed Council regarding consent item #4. There was Council discussion regarding charitable gambling in brewer taprooms. Council consensus is not to allow charitable gambling in the brewer taprooms. Ms. Luedke stated the Legislative Policy for Lawful Gambling could be amended to not allow charitable gambling in a brewer taproom. She will bring a resolution reflecting this amendment back to Council for their review. Ms. Luedke addressed Council and gave an overview of the new election equipment. The equipment will be available for the public to see prior to the election. Council requested that information about the new equipment be publicized in the Hopkins Highlights. Council Member Youakim moved and Council Member Gadd 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. III. PUBLIC HEARING 1. Adopt Resolution 2013-043, Ordering Improvement after Public Hearing, 2014 Street and Utility Improvement Project, City Project 2013-10; (CR 2013-079) Mr. Bradford and Mr. Don Sterna, representative of WSB & Associates, Inc., addressed the Council regarding the 2014 Street and Utility Improvement Project. Mr. Bradford gave an overview of the feasibility report, pavement management, why streets are selected, pavement condition rating and an overview of the improvement area and existing conditions on West Park Road and 21St Street North. Mr. Sterna addressed Council regarding the specific improvements including, project costs, full street reconstruction, water main with service replacements, hydrant and valve replacements, utility relocations and sign replacement. Mr. Sterna addressed the improvement details for Shady Oak Road, West Park Road and 21St Avenue North, preliminary landscaping plan and temporary easement process. F Mr. Bradford gave an overview of the projected assessments, assessment cap, average assessment costs, paying of assessments, interest rates, overview of assessed properties and proposed construction schedule. There was Council discussion regarding the Minnetonka neighborhood adjacent to the project area and detours and lane restrictions during construction. Mr. Sterna gave an overview of the project staging area while still maintaining two lanes of traffic on Shady Oak Road. Mr. Bradford explained that a project coordinator is available to address property owners concerns during the construction project. Mr. Bradford gave an overview of the proposed project schedule with construction taking place from April -October, 2014. Mayor Maxwell opened the public hearing at 7:51 pm. The following residents addressed the Council about the 2014 Street and Utility project: Jeff Mock, 201 West Park Road, came forward to address Council regarding concerns of staging area location, water service replacement, pond drainage and lowering of the pond water level. Mr. Sterna addressed the concern of the staging area and that construction vehicles should not be driving or parking along the newly completed West Park Road. Mr. Bradford explained the reason for water service replacement. Mr. Sterna and Mr. Bradford explained the storm sewer system reconstruction, drainage and filtration process to address drainage issues by the Duck Pond and the process used to determine the normal water level by the DNR and the Watershed Districts to provide flood protection. Mr. Bradford and Mr. Sterna will review documentation and revisit wetland area water levels with the County, DNR and Watershed District. Jack Stech, West Park Road, came forward to address Council regarding landscaping and fencing buffer along Shady Oak Road. Mr. Bradford addressed the concerns regarding the landscaping. Staff will continue to get input from residents on landscaping. Council Member Youakim moved and Council Member Halverson seconded a motion to close the public hearing. 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 public hearing was closed at 8:25 pm. Mr. Morrison addressed Council that the landscape plan is tentatively scheduled on the City Council agenda for September 3. Council suggested that more time is needed to continue to engage residents in the landscape process. Council Member Gadd moved and Council Member Halverson seconded a motion to adopt Resolution 2013-043, Resolution Ordering Improvement after Public Hearing, 2014 Street and Utility Improvement project, Project 2012-10, and companion Resolution 2013-044, stating City's intent to sell bonds to fund this project. 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. IV. NEW BUSINESS 1. Adopt Resolution 2013-046, Approving Ordinance 13-1065, approving the vacation of Part of an Alley Abutting 612 —11th Ave South for First Reading; (CR2013-081) 0►: Ms. Anderson addressed the Council regarding the alley vacation, gave an overview of the area and that the Zoning & Planning Commission unanimously approved the motion. The property owner, Mr. Ed Stiele, addressed the Council regarding the area & building improvement plans. Mr. Curtiss, City Attorney, has no concerns regarding the alley vacation. Council Member Halverson moved and Council Member Youakim seconded a motion to adopt Resolution 13-46, approving Ordinance 13-1065, approving the vacation of part of an alley abutting 612 - 11th Avenue South for first reading. 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. Adopt Resolution 2013-047, Approving a Front Yard Sign Setback Variance at 9451 Excelsior Boulevard 1 The Depot Coffee House; (CR 2013-082) Ms. Anderson addressed Council regarding Depot Coffee House sign improvements. The existing sign does not have the required 10 -foot sign setback. If the new sign is placed at the required 10 - foot setback, the sign would be back too far for visibility from Excelsior Boulevard. The applicant, Three Rivers Park District, is requesting an 8' variance so the sign will be in front of the building where the sign exists now. The applicant meets the three requirements of practical difficulties to grant a variance. There was Council discussion regarding the sign location and height requirements. Mr. Carlson, representative of the Three Rivers Park District, addressed Council and gave an overview of proposed new signage. Council Member Youakim moved and Council Member Halverson seconded a motion to adopt Resolution 13-47, approving a front yard sign setback variance at 9451 Excelsior Boulevard — The Depot Coffee House. 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. Adopt Resolution 2013-045, Approving Ordinance 2013-1064, Amending Various Sections of the Zoning Ordinance for First Reading; (CR 2013-080) Ms. Anderson addressed Council regarding sections of the zoning ordinance that need to be updated. These amendments are to correct inconsistencies or problems and update the ordinance. The changes will be to add a section to allow brewpubs, defining massage therapy establishments, occasional sales in industrial districts, electric fences and electronic cigarettes. The Zoning and Planning Commission has reviewed and approved amending certain sections of the zoning ordinance. The City Attorney has reviewed the changes and will review again before the second reading. Council Member Cummings moved and Council Member Gadd seconded a motion to adopt Resolution 13-45, approving Ordinance 13-1064, amending various sections of the zoning ordinance for first reading. 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. 4. Adopt the 2014 — 2018 Equipment Replacement Plan (ERP); (CR 2013-078) 3 Ms. Harkess addressed Council regarding the Equipment Replacement Plan (ERP). Ms. Harkess gave an overview of ERP background, funding of the equipment replacement, ERP future, funding challenges, revenue, capital expenditure & cash variances, 2014 ERP equipment & vehicle replacement plan, city hall equipment due for replacement, fire & police equipment scheduled for replacement, Public Works equipment & vehicles and Arts Center equipment. Ms. Harkess stated that the ERP is a valuable tool to assess, plan and fund future equipment needs. There was Council discussion that the ERP is a 5 -year plan but it is reviewed every year. Council Member Halverson moved and Council Member Cummings seconded a motion to adopt the 2014-2018 Equipment Replacement Plan. 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. 5. Adopt the 2014 — 2018 Capital Improvement Plan (CIP); (CR 2013-077) Ms. Harkess gave an overview of the Capital Improvement Plan (CIP), funding sources, city building, parks, Pavilion, street and utility improvements, and total cost of all improvements projects and funding sources. There was Council discussion that the CIP is a 5 -year plan but it is reviewed every year. The ERP and CIP project information is available on the city website and copies are available at City Hall. Council Member Cummings moved and Council Member Gadd seconded a motion to adopt the 2014-2018 Capital Improvements Plan. 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. ANNOUNCEMENTS • National Night Out is August 6th • Council Work Session on August 13th is in the Council Chambers not in the Raspberry Room. VI. ADJOURNMENT There being no further business, Council Member Youakim moved and Council Member Halverson seconded a motion to adjourn the meeting. The meeting was adjourned at 8:58 p.m. Respectfully Submitted, Debbie Vold 9;:� Eugene J. N axwell, Mayor COUN IL MEMBERS Kristine A. Luedke, City Clerk 4