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10-07-2014 CCA regular meeting of the Hopkins City Council was held on October 7, 2014 in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell, Council Members Cummings, Gadd and Halverson. Also, present were staff inembers Anderson, Elverum, Domeier, Genellie, Glassberg, Harkess, Reynolds, Specken, Stadler, Stanley and City Attorney Kim Kozar. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:04 p.m. II. OATH OF OFFICE 1.New Police Officer — Nathan Hanson Chief Reynolds introduced new Police Officer Nathan Hanson. Ms. Domeier, City Clerk, issued the Oath of Office. Officer Hanson's parents pinned on his badge. Mayor Maxwell welcomed Officer Hanson to the City of Hopkins. 2. New Park Board Member — Reid Yngve Ms. Domeier, City Clerk, issued the Park Board Oath of Office to Reid Yngve. IIL PRESENTATION 1.Metro CISM (Critical Incident Stress Management) Sergeant Glassberg and Corinne Becker, representing CISM, introduced the CISM program and presented Chief Specken an award in appreciation for the support the fire service offers the Metro CISM team. Chief Specken thanked the CISM team for the award. Mayor Maxwell congratulated Chief Specken. IV. CONSENT AGENDA 1. Approve Minutes of the September 16, 2014 Council Meeting 2. Approve Minutes of the Septemberl6, 2014 Work Session Following the Council Meeting 3. Ratify Checks for the Month of September, 2014; (Memo) 4. Adopt Resolution 2014-046, Appointing Election Judges for the November 4, 2014 General Election; (CR2014-090) 5. Adopt Resolution 2014-060, Adopting Assessment Roll — Sanitary Sewer Services. 2013 Street and Utility Improvements, City Project 2012-10A; (CR2014-110) 6. Authorize Out-of-State Travel; (CR2014-100) 7. Adopt Resolution 2014-062, Approving Hennepin County Chiefs of Police Association Mutual Aid Pact; (CR2014-116) 8. Adopt Resolution 2014-058, Authorizing Application for a Grant from Hennepin County's Transit Oriented Development Program for the Artery Corridor — Oxford Village Apartments; (CR2014- 113) 9. Authorize the Mayor and City Manager to sign the 2nd Amendment to Cooperative Agreement with Minnehaha Creek Watershed District — Cottageville Park; (CR2014-114) Council Member Halverson 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; Mayor Maxwell, aye. The motion carried. V. PUBLIC HEARING 1. Adopt Resolution 2014-059, Adoption of Assessment Roll, 2014 Miscellaneous Special Assessments; (CR 2014-115) Mr. Genellie, Assistant City Manager, addressed the Council regarding the Miscellaneous Special Assessments. Mr. Genellie explained that official notices have been published and mailed to impacted property owners. Mr. Genellie explained the appeal and hearing process. Mr. Genellie stated that two appeals have been received. The property owner at 330-19`h Avenue North is requesting that the $100 service fee for delinquent utility billings be waived. The property owner at 137-19`" Avenue North is requesting for a revision of the assessment due to a lack of a rental license. Staff is recommending that the citation be dismissed and the property assessed the $100 service fee. Mr. Genellie explained the circumstances why the property owner did not renew the rental license and that the rental license is now current. Mayor Maxwell opened the public hearing at 7:22 pm. Ms. Sandra Bouressa, 330-19`h Avenue North, came forward requesting that the Council waive the service fee. Council consensus was to maintain the service fee. Council Member Halverson moved and Council Member Gadd 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; Mayor Maxwell, aye. The public hearing was closed at 7:33 p.m. Council Member Cummings moved and Council Member Halverson seconded a motion to deny the appeal at 330-19`h Avenue North. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. There was Council discussion regarding the appeal at 137-19th Avenue North. Council consensus was to agree with staff to dismiss the citation and maintain the $100 service charge. There have been no other complaints at this rental property. The City Attorney advised the Council on the wording modifications to the motions. Council Member Gadd moved and Council Member Halverson seconded a motion to impose a$100 service charge and dismiss the citation fee of $500 for 137-19`h Avenue North. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. Council Member Cummings moved and Council Member Gadd seconded a motion to Adopt Resolution 2014-059, Resolution for Adoption of Assessment Roll, 2014 Miscellaneous Special Assessments with the modification to the appeal of 137-19t� Avenue North. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. 2. Adopt Resolution 2014-061, Adopting Assessment Roll, 2014 — Pavement and Drainage Improvement, City Project 2013-14; (CR 2014-111) Mr. Stanley, City Engineer, addressed the Council regarding the assessment roll for eight water service replacements in the Hobby Acres project area. Mr. Stanley reviewed the costs, assessments, interest rate and public notice procedure. Mr. Stanley stated that the city did not receive any appeals and that the final assessed costs were below the preliminary estimates. Mayor Maxwell opened the public hearing at 7:39 pm. No residents addressed the Council. Council Member Halverson moved and Council Member Cummings 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; Mayor Maxwell, aye. The public hearing was closed at 7:39 p.m. E Council Member Gadd moved and Council Member Cummings seconded a motion to Adopt Resolution 2014-061, Resolution Adopting Assessment Roll, 2014 Pavement and Drainage Improvements, City Project 2013-14. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. VI. NEW BUSINESS l. Adopt for First Reading of Ordinance 2014-1078, Amending Section 345 of the Hopkins City Code; Absentee Ballot Board; (CR 2014-095) Ms. Domeier, City Clerk, addressed the Council regarding amending the City Code to update the duties of the Absentee Ballot Board. This will ensure that the city is in compliance with State Election Laws. The second reading is scheduled for the October 21 City Council agenda. Council Member Cummings moved and Council Member Gadd seconded a motion to adopt for first reading Ordinance 2014-1078, amending section 345.05 of the Hopkins City Code — Absentee Ballot Board. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. 2. Adopt First Reading of Ordinance 2014-1080, Amending Section 905 of the Hopkins City Code; Fire Prevention Code; (CR 2014-102) Chief Specken addressed the Council regarding changes to the language in the Fire Prevention Code. The City attorney drafted clearer language in the amended Code. Chief Specken explained the fire inspection process, responsible parties and clarified the fees. There was Council discussion regarding the timetable to correct violations and notifications to the property owner and occupant. Chief Specken commented that violations need to be corrected in 7 to 90 days depending on the type of violation. The language change will state that both the property owner and occupant will be notified regarding the fire inspection. The City Attorney advised the Council regarding language in the code and Mr. Genellie explained the procedure for dealing with past due accounts. Council Member Halverson moved and Council Member Cummings seconded a motion that the Hopkins City Council approve Ordinance 2014-1080 for first reading. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. 3. Adopt Resolution 2014-063 Approving Finals Plans and Order Bids for 2015 Mainstreet Improvement Project 2014-08, City Project (CR 2014-112) Mr. Stanley addressed the Council regarding the Mainstreet Improvement Project. Mr. Mike Waltman, representative of Bolten & Menk, Inc, addressed the Council and gave an overview of the 2015 Mainstreet Improvements. Mr. Waltman discussed the project area, traffic signal upgrades, ADA improvements, paver replacement, signage, street lighting, drainage improvements & corrections, water main & service replacements and street resurfacing. Mr. Waltman explained that the light poles would remain with globe replacement and electrical outlet improvements. Mr. Waltman reviewed the phasing and staging plans for the project. Staff gathered feedback from property owners at the Public Informational Meeting. Mr. Waltman discussed the bidding process, timetable and project stages. Council discussed the importance of working with businesses and area events. Mr. Waltman commented 3 that the project will be discussed at the upcoming Hopkins Business & Civic Association meeting and at an additional public open house. Mr. Waltman reviewed the temporary access routes and signage for area businesses during construction. Staff has met with the utility companies regarding the project. Mr. Waltman reviewed the estimated project costs, proposed funding sources and project schedule. The Project website is: www.bolton-menk.com/hopkinsmainstreet or contact Mike Waltman at mikewa(a�bolton-menk.com or at 952-890-0509. There was Council discussion regarding the bidding process. Mr. Stanley and Mr. Stadler discussed options if the bids come in higher than the projections. Staff would review the estimates, make necessary recommendations and keep Council informed. Council Member Cummings moved and Council Member Gadd seconded a motion to adopt Resolution 2014-063, Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, 2015 Mainstreet Improvements, City Project 2014-08. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. 4. Adopt Resolution 2014-054, Approve a Conditional Use Permit — Marcos Pizza; (CR 2014-103) Ms. Anderson, City Planner, addressed the Council regarding the site plan for 1728 Mainstreet. The proposal is to operate a drive-through and pick up pizza restaurant with limited seating. The Zoning and Planning Commission has approved the plan. Ms. Anderson reviewed the landscaping and exterior improvements. There was Council discussion regarding the interior seating, fencing, parking, dumpster, lighting and signage. Ms. Anderson stated that the restaurant would have very limited seating because pick up and delivery is their focus. Ms. Anderson commented that the fencing is in good shape, that the dumpster would be enclosed, existing lighting will be used and that a new monument sign will be installed. The applicant came forward and addressed the Council regarding hours of operation, other metro locations and the timetable to open the restaurant in the spring of 2015. Council Member Halverson moved and Council Member Cummings seconded a motion to adopt Resolution 14-54, approving a conditional use permit for a drive-through at 1728 Mainstreet. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. 5. Adopt Resolution 2014-055, Approving a Site Plan to Remodel the Building at 1728 Mainstreet, Marcos Pizza; (CR 2014-104) Council Member Gadd moved and Council Member Cummings seconded a motion to adopt Resolution 14-55, approving a site plan to remodel the building at 1728 Mainstreet. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. 6. Adopt Resolution 2014-056, Approving a Comprehensive Plan Amendment from Open Space to Closed Landfill Restricted District; (CR 2014-105) Ms. Anderson addressed the Council regarding the former landfill in south Hopkins that is owned by the City, but controlled by the Minnesota Pollution Control Agency (MPCA). The MPCA is requiring that cities with landfills change the Comprehensive Plan and Zoning to Closed Landfill Restricted District to � assure that only uses approved by the MPCA can be constructed on the former landfill. Council Member Halverson moved and Council Member Cummings seconded a motion to adopt Resolution 14-56, approving a Comprehensive Plan amendment from Open Space to Closed Landfill Restricted District. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. 7. Adopt Resolution 2014-057, Approving Ordinance 2014-1077, Rezoning the Former Landfill from I-1 Industrial to Closed Landfill Restricted District for First Reading; (CR 2014-106) Ms. Anderson commented that the second reading of the Ordinance will be on the October 21 City Council agenda and that the MPCA has reviewed the proposed Ordinance. Council Member Gadd moved and Council Member Cummings seconded a motion to adopt Resolution 14-57, approving Ordinance 14-1077, rezoning the former landfill from I-1 Industrial to Closed Landfill Restricted District for first reading. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. VII. ANNOUNCEMENTS • Fire Department Open House on October 11 from 10 a.m. to 2 p.m. • Heroin Town Hall Meeting on October 15 from 6:30 to 8:00 p.m. at the Hopkins Center for the • Arts. The meeting is a joint venture with the City of Minnetonka, Hennepin County Sheriff Office and City of Hopkins. • HBCA Meeting on October 9, 2014 at Mainstreet Bar 5— 7 p.m. • Blake Road Corridor Study Open House #2 on October 9, 2014 from 6:00 to 8:00 pm at the Eisenhower Community Center • Hopkins Center for the Arts new concert series begins Saturday, October 11 VIII. ADJOURNMENT There being no further business, Council Member Cummings moved and Council Member Halverson seconded a motion to adjourn the meeting. The meeting was adjourned at 8:42 p.m. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were no comments. Respectfully Submitted, Debbie Vold ATTEST J r Eugene J. M wel ayor Amy Domeier, City Clerk 5