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09-02-2014 CCA regular meeting of the Hopkins City Council was held on September 2, 2014 in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell, Council Members Cummings, Gadd, Halverson and Youakim. Also, present were staff inembers Anderson, Beekman, Elverum, Harkess, Mornson, Stadler, Stanley and City Attorney Jeremy Steiner L CALL TO ORDER Mayor Maxwell called the meeting to order at 7:04 p.m. II. PUBLIC HEARING 1. Public Improvement Hearing, 2015 Mainstreet Utility Service Improvements — City Project 2014-08; (CR 2014-096) Mr. Stanley, City Engineer, addressed the Council regarding the Mainstreet Improvement Project. Mr. Mike Waltman, Bolten & Menk, Inc. representative gave an overview of the 2015 Mainstreet improvement project area, proposed street, water main and service improvements. Mr. Waltman discussed the existing utilities, proposed utility improvements and the properties impacted. The cost of the street improvements will not be assessed but 100% of the water service replacement will be assessed to the property owners. The estimated average assessment is $3,900, assessed over 15 years. The final assessment will be based upon contractor bids. Mr. Waltman reviewed the proposed project schedule. Mr. Stanley stated that staff's recommendation is to the order improvements after the Public Hearing for the 2015 Mainstreet Improvement Project. There was Council discussion regarding the number of bids for the project and offering property owners the option to upgrade their water service. Mr. Waltman stated that the number of bids depends on the bidding climate but they hope for three plus bids. Mr. Waltman will investigate offering property owners' options for water service replacement with plumbing contractors. Mayor Maxwell opened the public hearing at 7:15 pm. Kurt Rolf, 1011 Mainstreet, came forward to address Council regarding the Mainstreet upgrades and proposed assessment to property owners for water service. The Council and Mr. Waltman discussed the obligation of the city to maintain the infrastructure and reasons for doing necessary utility improvements during the road construction process. Council Member Halverson moved and Council Member Youakim 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 7:22 p.m. Mr. Steiner advised the Council that two separate motions are needed for the resolution. There was Council discussion regarding the amount of time between street assessment projects. Mr. Stanley commented that roads are designed to last 40 years with proper maintenance. Council Member Halverson moved and Council Member Gadd seconded a motion to approve Resolution 2014-049, Resolution Ordering Improvement after Public Hearing, 2015 Mainstreet Improvement Project, Project 2014-08. 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. Council Member Cummings moved and Council Member Youakim seconded a motion to approve Resolution 2014-050, 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. III. CONSENT AGENDA 1. Approve Minutes of the August 13, 2014 Council Work Session 2. Approve Minutes of the August 19, 2014 Council Meeting 3. Approve Minutes of the August 19, 2014 Work Session Following the Council Meeting 4. Ratify Checks for the Month of August, 2014 5. Adopt Resolution 2014-045, Revising Legislative Policy 6-E Finance Billing Collection Policy; (CR 2014-089) Council Member Gadd moved and Council Member Cummings 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. IV. OLD BUSINESS 1. Second Reading of Zoning Ordinance 2014-1070, Liquor Store Size; (CR 2014-093) Ms. Anderson, City Planner, addressed the Council regarding the Zoning Ordinance to limit the size of liquor stores to 5000 square feet. Ms. Anderson reviewed the options with Council. The first option would be to approve the ordinance for second reading and order it published, the second option would be to send the amendment back to Zoning and Planning Commission for review and public hearing, and the third option is to not put any restrictions on liquor stores and not approve the second reading of Ordinance 14- 1070 and not refer any action to the Zoning and Planning Commission. There was Council discussion regarding grandfathering the MGM Liquor store, allowing existing liquor stores to expand over 5000 square feet and clarifying the language of licensing and zoning. The City Attorney advised the Council about holding another public hearing due to the language changes in the ordinance. Council consensus was to send the amendment back to the Zoning and Planning Commission for further clariiication regarding licensing, zoning, size, grandfathering and exemption options. Staff will republish the Zoning Ordinance and hold a Public Hearing. Council Member Halverson moved and Council Member Gadd seconded a motion to send the amendment back to the Zoning and Planning Commission for review and 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 motion carried unanimously. V. NEW BUSINESS 1. Amend Conditional Use Permit (CUP) at 8353 Excelsior Blvd. to Operate a Day Care; (CR 2014-094) Ms. Anderson gave an overview of the Conditional Use Permit (CUP) for United Child Care Center to operate a day care at 8353 Excelsior Boulevard. The property is zoned B-1, Limited Business. One condition of the CUP is the hours of operation. The applicant is requesting that the hours of operation be removed from the CUP so the daycare hours can be adjusted to meet the needs of the clients. There have been no complaints regarding the operation since it opened. The City Attorney has reviewed the language in the CUP. Ms. Anderson stated that the Zoning and Planning Commission recommended approval to �i remove the hours of operation from the conditional use permit, and have a review in six months for the day care. The vote was tied at 3-3. There was Council discussion regarding if other daycares have hours of operation in the CUP. Ms. Anderson stated there was not. Ms. Anderson explained that the applicant would like to expand and have more flexible hours to accommodate parents who work retail hours. The applicant does not want to expand to 24 hours-7 days a week. The applicant, Mr. Osman Ifrah, owner of United Child Care Center, came forward to address Council. Mr. Ifrah explained the need for flexibility of hours and requested that the Council remove the restriction of hours. There was Council discussion regarding the location of the daycare next to a neighborhood and possible of extension of hours to 11 pm. Mr. Ifrah explained he did previously agree to the conditions but in order to accommodate his client's needs he is asking that the conditions be removed. Mr. Ifrah stated that the business does not intend to be open 24 hours. Fred Berg, 1311 Preston Lane, came forward to address the Council regarding concern of noise and distractions to the adjoining neighborhood. Judy Worrell, 148 Interlachen, came forward to address the Council regarding concern of removing the hour's condition and not having specified hours of operation. There was Council discussion regarding restricting a business' hours of operation and the importance of residents and businesses coexisting, working together and expressing concerns. Council Member Gadd moved and Council Member Youakim seconded a motion to adopt Resolution 14- 48, adopting amendment of the conditional use permit to operate a day care at 8353 Excelsior Boulevard. A poll of the vote was as follows: Council Member Cummings, nay; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried. 2. Approve Proposed 2015 Levy, Proposed 2015 General Fund Budget and Set Budget Meeting Date; (CR 2014-092) Ms. Harkess, Finance Director, addressed the Council regarding the 2015 Preliminary Levy and Budget. The Council is required to certify a proposed tax levy and submit it to Hennepin County by September 30th. Staff is suggesting December 2, 2014 as a date to discuss the budget and receive public comments, allowing time to consider the comments from the public prior to adopting the budget. Ms. Harkess gave an overview of legislative changes, the city planning process, proposed general fund budget, revenues, expenditures and budget impacts. Ms. Harkess explained the preliminary levy and the new additions to the levy including the Pavilion and Arts Center. Ms. Harkess explained that addressing the Arts Center deficit has helped them secure grant funding and the levy will address capital needs at the Pavilion. Ms. Harkess explained that the Financial Management Plan (FMP), a long-term financial plan, was a factor in the city's Bond Rating increase from AA to AA+ rating. Ms. Harkess discussed that the tax impact on the average home is $78, what the budget & levy provides the city and the next steps in the budget process. Staff will continue to reiine and look for ways to improve the budget. There was Council discussion regarding the union contract negotiations that may reduce the contingency fund and that the levy could decrease but not increase once it is approved. Council discussed that the FMP is critical for overall planning and the increase in the bond rating. � Council Member Halverson moved and Council Member Gadd seconded a motion to adopt Resolution 2014-047 approving proposed 2015 tax levy, debt service levies at levels under those required in the bond covenants, proposed 2015 general fund budget, and setting budget meeting dates. 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. Mayor Maxwell welcomed a member of the Boy Scouts earning his citizenship badge. Meg Beekman, Community Development Coordinator, addressed the Council regarding National Parking Day on September 19, 2014. Ms. Beekman discussed events and demonstrations at an 8t�' Avenue Parklet from September 19-24`h. Press releases will be highlighting the Parklet events. Ms. Elverum discussed bus tours coming through Hopkins on September 23`d as part of a National Conference on mass transit. VI. ADJOURNMENT There being no further business, Council Member Youakim moved and Council Member Cummings seconded a motion to adjourn the meeting. The meeting was adjourned at 8:29 p.m. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were no comments. Respectfully Submitted, Debbie Vold ATT ST: : /�i���� Eugen . M well, Mayor COUN IL MEMBERS ---- _ _----� I � �,�� �� � �� Amy Domeier, City Clerk 0