02-11-2014 WSMINUTES OF THE CITY COUNCIL WORK SESSION
Tuesday, February 11, 2014
City Hall Raspberry Room— 6:30 p.m.
The meeting was started at 6:32 p.m. Present were Mayor Maxwell and Council members Molly
Cummings, Jason Gadd, Kristi Halverson and Cheryl Youakim, City Manager Mike Mornson,
Public Works Director Steve Stadler, Assistant City Manager Jim Genellie, City Clerk Kris Luedke,
Director of Economic Development and Planning Kersten Elverum, Community Development
Coordinator Meg Beekman and Minnehaha Creek Watershed District (MCWD) representative
James Wisker.
New business•
E-Cigarette Discussion
Ms. Luedke presented an overview of what an e cigarette is, regulations, FDA authority, State of
Minnesota licensing and an overview of Minnesota cities that have addressed e cigarette regulation.
Ms. Luedke gave an overview of e cigarette options that the Council could consider.
• Take no action at this time as the current moratorium is in place until October 24, 2014.
• Amend the City Code to continue the sale of e cigarettes and allow vaping studios to operate.
• Amend the City Code to allow the sale of e cigarettes but prohibit vaping in businesses with a
tobacco license. This option would allow use of e cigarettes in businesses that do not have a
tobacco license.
• Prohibit use of e cigarettes in public buildings and parks.
• Prohibit use of e cigarettes in areas covered by the Minnesota Clean Indoor Air Act. The city
would be responsible for enforcement of this prohibition.
Mr. Genellie addressed the Council regarding the e cigarette options. Staff is leaning towards not
taking action at this time until the State of Minnesota or the FDA establishes some regulations.
There was Council discussion regarding mixing of ingredients, establishments that allow vaping,
who can sell e cigarettes, enforcement and that many cities are waiting to establish an ordinance
until the State or Federal Governments take some action.
Mr. Genellie explained that if the city prohibits e cigarettes, the city would be responsible for
enforcement. Staff contacted some of the local establishments and there have been no complaints
regarding use of e cigarettes. Any business that has a Tobacco License can sell e cigarettes. Mr.
Genellie discussed with Council that an ordinance could be adopted to ban the use of e cigarettes in
city buildings and parks. At this time banning of the use of e cigarettes is the decision of the
individual property owner. Ms. Paula Williams from Hopkins Vaping Studio invited staff to see the
procedures her business follows.
Ms. Paula Williams from Hopkins Vaping Studio addressed the Council and gave an overview of
the safety and health precautions that the business follows. Ms. Williams stated that she feels it is
important for the State or Federal Governments to establish some regulations.
Council consensus is to leave the moratorium in place with the hope that the State and Federal
Government will provide some guidance and regulations before the moratorium expires. Council
likes the idea of promoting chemical-free, tobacco-free city buildings and parks by banning e
cigarettes. Staff will continue to investigate changing the ordinance to ban e cigarettes in city
buildings and parks by consulting with the Hopkins Police Department, Hopkins Park Board and the
City Attorney. Staff will present infarmation to Council at a future meeting.
Work Session Minutes
February 11, 2014
Page 2
Liquor Store Discussion
Mr. Genellie addressed the Council regarding the licensing of off-sale liquor sales. At this time
there is no limit on the number of off-sale liquor licenses but there are some restrictions in place.
Mr. Genellie gave an overview of the restrictions, business district map, buffer zones, and the
number of off-sale licenses. Currently in Hopkins there are seven off-sale licenses or one license per
1.7 square miles. The Engineering Department prepared a map that shows the business districts and
how they are affected by the buffer zone distance restrictions. The map could be used as a tool to
assist future liquor store businesses where to locate within the city.
There was Council discussion regarding the square footage requirement for B4 zoning district, areas
where a large liquor warehouse could possibly locate, buffer distance requirement, continuance of
operation to be grandfathered in, off-sale in grocery stores and limiting or capping the number of
off-sale licenses. There was discussion regarding ordinances and that they need to be periodically
reviewed.
Staff will continue to investigate and consult with the City Attorney regarding limiting the number
of off-sale liquor licenses in Hopkins and present information to Council at a future meeting.
Cottageville Park Update
Mr. Stadler presented an overview of the Cottageville Park background, planning, design and
schedule. The Cunningham Group completed the feasibility study and a playground equipment
vendor (same vendor that supplied equipment at Shady Oak Beach) has been selected. Mr. Stadler
discussed collaboration with the Minnehaha Creek Watershed District (MCWD) on the park design
and storm water improvements that will provide maximum benefits for the park users, an
educational component and best use of the space. Staff has reviewed the park design and feels that
utilizing underground storage of storm water vs. an open pond will open up green space for park
users, have a similar cost impact and will be esthetically more pleasing and easier to maintain.
Mr. James Wisker, Minnehaha Creek Watershed District representative, gave an overview of the
storm water improvements. The underground storm water management system will eliminate an
open pond that may have maintenance issues and will allow for more green space and provide a
nice buffer area to neighboring residential. Mr. Wisker discussed the $483,000 grant and
stipulations for Cottageville Park improvements.
Mr. Stadler discussed with Council the project phasing, funding and project schedule. The concept
work plan will be presented to the MCWD Board in March followed by public open house in March
or April, final design approvals in April and construction beginning in July. Staff will be amending
the memo of understanding with MCWD and Mr. Stadler will be meeting with Cunningham Group
to discuss modifications to the design contract.
There was much Council discussion regarding the 2014 storm water management project,
playground contract, possible future community space, canoe launch area, funding and negotiations
for purchase of remaining duplex. The public meetings will give residents an opportunity to provide
input on the different playground alternatives. Staff discussed with Council possible funding of
property acquisition or park equipment with a backlog of CBDG funds that are administered by
Hennepin County. The funds have to be used to benefit low to moderate income households and the
census tracks demonstrate that 51 % of three block groups meet the requirement. The 2014 CDBG
funds will be on the Council agenda and staff will be recommending approval for housing
Work Session Minutes
February 11, 2014
Page 3
rehabilitation. Staff discussed the community room concept, which was identified by Blake Road
Corridor Collaborative as a need for the area. The community space could include a picnic shelter
with restrooms. The MCWD is proposing to put in a canoe launch. Mr. Wisker addressed the
Council regarding the MCWD process, schedule and funding of the storm water management
project. The intention is to maximize the use of the grant dollars and get as much done in phase one
of the project as possible.
Staff will review the Cottageville Park concept with the Council at a tuture work session.
Ms. Beekman addressed the Council regarding a funding possibility for the community gardens at
Cottageville Park. Shepherd of the Hills Lutheran Church is proposing to contribute funds from a
silent auction fundraiser on April 11, 2014 to support the community garden project. A plaque
would be installed recognizing the contribution. Council suggested that other community
organizations might want to contribute to the project. MCWD also received a donation of benches
that could possibly be used for the Cottageville project also.
There was Council discussion regarding CDBG funding for housing rehabilitation grants and the
need to continue public outreach to inform residents of the program. Staff will continue to promote
the housing rehabilitation program. Council discussed the risk of losing CDBG fund allocation if it
is not being used. Staff will continue to investigate use of CDBG funds.
OMF Mitigation Update
Ms. Elverum addressed the Council regarding the Operation and Maintenance Facility (OMF) tax
base mitigation efforts. Discussions with the SWLRT Project Office (SPO) have been limited.
A one-time funding source using federal dollars may be available to add structured parking and
increase the redevelopment opportunities along the SWLRT corridor. Staff discussed the benefits of
restructuring the parking areas at the three Hopkins LRT stations allowing for more redevelopment
and joint funding opportunities in the area. The time frame is short to commit to the federal funding
and it would require a local funding match. Staff is investigating ways to reallocate grant monies for
the funding match. Staff discussed the potential redevelopment sites with the Council. There was
much discussion about the critical need for intersection improvements at the station locations for
pedestrian safety. Council also discussed the importance of a nicely designed OMF building to
encourage redevelopment of the area and adding wording in the Municipal Consent regarding the
OMF design. Staff will continue to investigate the OMF development and design guidelines.
Council consensus was that staff should proceed with the application for the federal funding source.
Other:
• Discussion of the Met Council Lift Station expanding at the current location. Staff will continue
to work with the Met Council on the site plan.
• Discussion of SWLRT freight rail relocation. Staff will be attending a meeting on the freight rail
and will update Council.
• Discussion of relocating power lines underground along Shady Oak Road. Staff received positive
feedback from the neighborhood but is still waiting on response from all utility companies.
• Discussion of the need to remove snow piles at intersections along Excelsior Blvd. Mr. Stadler
will investigate.
Work Session Minutes
February 11, 2014
Page 4
• Mr. Mornson updated Council on the City Engineer interviews and hopes to hire soon.
• There was positive feedback received on the State of the City event.
• Energy audit sign ups have increased since it was introduced at the State of the City.
With no further business to discuss there was a motion by Council member Youakim and a second
by Council member Cummings to adjourn the meeting at 9:05 p.m.
Respectfully Submitted,
Debbie Vold
CITY COUNCIL
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Eug e J. �axwell, Mayor Kristine A. Luedke, City Clerk