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12-02-03A regular meeting of the Hopkins City Council was held on December 2, 2004, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and Rowan. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, J. Anderson, N. Anderson, Steve Stahmer, and City Attorney Jerry Steiner. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. Mayor Maxwell welcomed Jerry Steiner, the new City Attorney. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Pat Sanders came forward and read a letter that she also distributed to the City Council. The letter was a response to a City Council agenda item on November 18, 2003, Request for Use of Unimproved Right-of-Way. The Council discussed the difficulties and concurred that the motor home should be moved off the right-of-way and onto her property. The screening can wait until after June 1, 2004. The motor home does not have to be five feet from the property line until the screening can be done. III. REPORTS -COMMITTEES/COMMISSIONS 1. Chemical Health Commission Bert Schmidt reported for the Chemical health committee. The Board in recruiting members. They are also expanding membership to other schools. The cover charge is paying the expense of Police presence on Friday nights. The Depot has received notification that they will receive a JJAC grant for 550,000 with an additional 54,000 for training. Deb Ludwig is working on connecting with the under-represented population in the community to determine the best method to get the message out to them. The MN Student Survey will be given to all 6`", 9`", and 12`" graders in the state in January/February. The information will be used for a town meeting to be scheduled in October/November, 2004. Reduce the Use will include a monthly trend watch alert for parents. The alert will highlight a specific drug problem that is being seen in the community. The Commission discussed 2003 goals and how they were met and what goals might be set for 2004. December 2, 2003 City Council Meeting Minutes Page 1 2. Zoning and Planning Commission Mary Hatcher reported that the Zoning and Planning Commission held a meeting on November 25`h. The Commission held public hearings on a request to amend the conditional use permit for Walser to create additional parking for inventory; on a zoning amendment to allow electronic changeable signs in an Institutional District; and on the site plan review ordinance. No one came forward at the public hearing. The Commission recommended approval of all items. The East End Overlay District was continued to the December meeting. The Commission also held a public hearing on a zoning amendment. The amendment would allow electronic changeable signs in an Institutional District. No one came forward. The Commission recommended approval. Another public hearing was held The site plan review would replace the conditional use permit process. No one appeared to comment. The Commission recommended approval. IV. PRESENTATION 1 . Human Rights Awards Emily Wallace-Jackson, chair of the Human Rights Commission present a Human Rights award to Harley Hopkins Family Center. Lana Sierra presented a Human Rights Award to Vail Place. 2. Kathleen Anderson, Congressman Sabo's Assistant Kathleen Anderson, Assistant to Congressman Sabo, explained the types of services that Congressman Sabo's office provides for constituents. Some services that the office provides are tours of the capital, FBI, and other agencies; help with federal bureaucracies such as immigration; access to military academies; and copies of bills and proposed legislation. V. CONSENT AGENDA 1 . Minutes of November 18, 2003 City Council Meeting 2. Ratify Prior Month's Disbursements Council Member Rowan asked that a correction be made to the minutes. Page 5, paragraph 5, remove Mr. Rowan's name from "A poll of the vote", and the motion carried, not unanimously. December 2, 2003 City Council Meeting Minutes Page 2 Council Member Rowan moved and Council Member Brausen seconded a motion to approve the Consent Agenda as amended. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. PUBLIC HEARING 1 . 2004 Street Improvements (CR2003-173) In September, the City Council authorized a feasibility study on street improvements on 15S St N from 17"' Ave N to 21 ~` Ave N. The report was presented to the City Council in November, 2003, and at that time the City Council ordered a public hearing on the project. Hearing notices have been mailed to all affected property owners of record. A public information meeting was held on October 29`" and a resident survey questionnaire was sent in the mail. Most feedback has been positive. Mr. Anderson reviewed the scope of the project. The total estimated cost of the project is 5648,115 with 5216,542.90 being subject to the special assessment process. The capped rate of 524.85 per foot of frontage will be assessed. Costs that are not part of the assessment process will be funded the sale of bonds, and paid back from the Storm Sewer Find, Sanitary Sewer/Water Funds and the PIR Fund. The Council discussed multiple assessments against properties and directed staff to research the ability of the Council to delay assessments or other options that could eliminate multiple assessments. Mayor Maxwell opened the public hearing at 8:36 p.m. Bill Ward, 29 18"' Ave N, said that he will have two assessments going at one time and felt that there should beaten-year window before another assessment can be levied against a property that is already being assessed. Council Member Brausen moved and Council Member Jansen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:40 p.m. Council Member moved and Council Member seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at p.m. December 2, 2003 City Council Meeting Minutes Page 3 Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Resolution 2003-103, Resolution Ordering Improvement and Preparation of Plans, 2004 Street and Utility Improvements, City Project 03-10, and companion Resolution 2003-104, stating the City's intent to sell revenue bonds to fund this project, and authorize the Mayor and City Manager to enter into an agreement with Bolton and Menk Inc. for engineering services related to the 2004 Street and Utility Improvement Project. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS 1. CUP, Expand Auto Sales Lot at 314 Mainstreet, Walser (CR2003-176) Walser and Rudy Luther have subdivided the lot to the west of the existing Walser lot on Mainstreet and removed the building. The Luther Company is the owner of the west side of the lot that was divided and, at this time, is not proposing to do anything. Walser, the owner of the east lot, is proposing to add additional parking for inventory to the west side of the property. The use is in compliance with the zoning ordinances and the Comprehensive Plan. The Zoning and Planning Commission recommended approval. Nancy Anderson reviewed the conditions of the CUP. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 03-105, approving to amend the conditional use permit for Walser to add additional auto sales lot space to the existing Walser site located at 314 Mainstreet. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. First Reading, Electronic Changeable Signs (CR2003-1761 The School District was granted a conditional use permit to construct a monument sign at Eisenhower Community Center. Now the District would like to add an automatic changeable sign to the monument sign that was approved. They have applied for a Zoning amendment to allow electronic changeable signs in institutional zoning districts. The Zoning Ordinance does not allow automatic changeable signs in the Institutional zoning district. The proposed ordinance changes will apply only to the Institutional zoning districts. December 2, 2003 City Council Meeting Minutes Page 4 The current Zoning and Planning Commission recommended approval. The Council and staff discussed the ability to deny automatic changeable lights where they would be located in denser residential areas. City Attorney Jerry Steiner explained that if the conditions are met, they would be obligated to approve. A discussion was held concerning the definitions of "continuous scrolling" and "flashing" and of public service announcements. Eileen Harvala from the Hopkins School District and Jeff Shoeneck, Cunningham Group Architects appeared to show an elevation of the sign they would like to have at the Eisenhower Community Center. Ms. Harvala explained the school policy for messages that would appear on the board. The Council asked that Ms. Harvala forward a copy of the school policy to staff and directed staff to clarify "public service announcement", "continuous scrolling", and "flashing" for second reading. Council Member Rowan moved and Council Member Jensen seconded a motion to adopt Resolution 2003-106, approving Ordinance 2003-912, to allow automatic changeable signs in the Institutional Zoning District. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Second Reading, Gas and Electric Franchise Fee Ordinance (CR2003-174) The ordinance would require gas and electric franchise fees. The staff recommended fees would produce approximately 5300,000 per year in revenue. While Xcel and CenterPoint classify apartments differently, and because, each apartment has a separate electric meter, but there is only one gas meter for the building, it is difficult to charge individual apartments the same for both. Also, the ordinances governing the franchises would not allow fees to be collected differently. Mr. Stahmer explained an adjustment in the fee for Xcel customers in the Small C & I, non-demand classification was made. The fee was adjusted from 53.00 to 52.00. Sunset clauses were added to both ordinances. The agreements will automatically expire on December 31, 2005 unless Council acts to extend them. Council Member Rowan spoke in favor of increasing the fee for Xcel residential users, in order to help equalize the burden between apartment dwellers and other residents. Mr. Stahmer explained that the Xcel payment will already be a slightly higher percentage of total billings in Hopkins and that according to the franchise ordinances, December 2, 2003 City Council Meeting Minutes Page 5 __ they cannot go higher. The Council then discussed other methods of collecting CenterPoint fees from apartment dwellers. AI Swintek, CenterPoint Minnegasco, came forward and stated that a franchise cannot place an undue burden on any customer or utility . The fee is not related to the cost of services, but being used to fill an income gap. No other city has had different fees for the different companies. The utility companies have to charge the fees by customer class. Jerry Steiner, City Attorney, pointed out that the Franchise ordinances are also contracts with the utilities. Mayor Maxwell moved and Council Member Jensen seconded a motion to approve Ordinance 2003-910 Utility Franchise Fee Ordinance for Xcel Energy as amended for second reading and order publication. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, nay; Mayor Maxwell, aye. The motion carried. Mayor Maxwell moved and Council Member Jensen seconded a motion to approve Ordinance 2003-911 Utility Franchise Fee Ordinance for CenterPoint Energy Minnegasco for Second Reading and order publication. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, nay; Mayor Maxwell, aye. The motion carried. 4. Accept Special Legislation for TIF District 2-1 1 (CR2OO3-172) Tax Increment District 2-11 is a redevelopment district approved by the City in October 1998. The original term is 25 years. After establishing the district, the City worked with Medica to facilitate relocation of their corporate headquarters to the North Annex property. They decided not to proceed with the project. The City and property owner are working to find a new office user for the property. Because this will take time, the City requested and secured approval of a bill in the last legislative session allowing for afour-year extension of the five-year rule and the duration of TIF District 2-11 . The bill requires approval of the City, the Hopkins School District and Hennepin County. The School District has approved a resolution supporting the bill, and the bill will be before the Hennepin County Board on December 16`h. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2003-102, approving special law authorizing extension of the duration of Tax Increment Financing District 2-1 1 and extending the five-year rule. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. December 2, 2003 City Council Meeting Minutes Page 6 VIII. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:58 p.m. Respectfully Submitted, erry O maier, City Clerk ATTEST: Eugen .Maxwell, Mayor December 2, 2003 City Council Meeting Minutes Page 7