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10-21-03A regular meeting of the Hopkins City Council was held on October 21, 2002, 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, N. Anderson, Yager, Strachota, Elverum, Stahmer and City Attorney Jerre Miller. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS William Bteecher, 1301 Highway 7, stated that he lives in the Brentwood Townhouses. He cleaned out his garage and took the items to the drop off site and was refused. Steve Stadler, Director of Public Works, stated that the drop off site is for our refuse customers. Mr. Bleecher lives in a town home and we do not collect garbage there. III. PRESENTATION 1. Community Image Awards Community Image Awards are given annually to individuals and businesses that have made a visual Improvement to their property or have demonstrated continued superior maintenance of their property. Mayor Maxwell presented the awards. The following homes/owners received the Community Image Awards, a plaque and a gift certificate to Belissimo at the Market Lofts: Single-Family Residential Mark and Lisa Curtis, 43 - 18`" Ave N Sandra Shingler and Bob Affeldt, 18 Jackson Ave S Multi-Family Residential Citygables, 32 - 1 1 `h Ave S 2. Hopkins Area Family Resource Center Tenth Anniversary Kersten Elverum, president of the Hopkins Area Family Resource Center, introduced the board of directors and Nora Davis, the administrator. The Resource Center serves the community and is a resource for City staff. Nora Davis thanked the City for the partnership over the last ten years and for the support that the City has given the Center. Steve Mielke, City Manager gave a brief history of the conception of the Family Resource Center. Mr. Mielke explained that the Family Resource Center provides October 21, 2003, City Council Meeting Minutes Page 1 services to the community that the City cannot and complimented Ms. Davis on her leadership qualities. 3. Presentation of Budget Award The Government Finance Officers Association's Distinguished Budget Presentation Award represents a significant achievement by the recipient. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the City had to satisfy nationally recognized guidelines for effective budget presentation and be rated "proficient" in all four categories. Lori Yager, Finance Director, presented the award. This is the second consecutive year that Hopkins has received the award. IV. REPORTS -COMMITTEES/COMMISSIONS There were none. V. CONSENT AGENDA 1 . Minutes of October 7, 2003 City Council Meeting 2. Miscellaneous License Applications 3. Accept Streetscape Plan, Blake Road (CR2003-155) 4. Lawful Gambling Premises Permit for Raspberry Festival (CR2003-156) Council Member Johnson moved and Council Member Jensen seconded a motion to approve the Consent Agenda. 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 . Application for Renewal of Currency Exchange License for Pawn America (CR2003-154) Pawn America has applied for a renewal of their Currency Exchange License. The Department of Commerce issues the license and regulates the license. The City is required to hold a public hearing and approve or deny the license. Mayor Maxwell opened the public hearing. No one came forward. Council Member Brausen moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2003-93, Resolution Approving the Renewal of a Currency October 21, 2003, City Council Meeting Minutes Page 2 Exchange License for Pawn America. 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. Mayor Maxwell stepped down at 7:54 p.m. Mayor Pro Tempore, Diane Johnson, presided over the meeting. VII. OLD BUSINESS 1. CUP For Gas Station at 1702 Mainstreet (CR2003-159) At the September 2, 2003 City Council meeting, the City Council denied a rear yard variance to construct a gas station at 1702 Mainstreet. The conditional use permit application was continued. The site is currently empty, but at one time was the site of a gas station. A gas station is allowed as a conditional use in the B-3 Zoning District. The applicant is proposing a 1763-square-foot building in the southwest corner of the site with three gas pumps. The use would be in compliance with the Zoning Ordinance and Comprehensive Plan. The Zoning and Planning Commission voted five to one to recommend approval. John Kosmos, architect for the project, and Barry Goldstein, co-owner of the site, came forward. Mr. Kosmos reviewed the site plan and the changes that had been made since the September 2"' meeting. In answer to questions raised about the site lines of the pumps, Ms. Anderson stated that the site lines would be worked out between the Fire Marshall and Mr. Kosmos before any building would begin. A plan to contain any fuel spills and prevent the spill from entering the storm sewer system needs to be submitted before construction begins. Council members discussed stacking and parking. Mr. Goldstein assured the Council that deliveries would be done outside of business hours. Council Members discussed the overflow parking from Affordable Auto. In answer to questions from the Council, Ms. Anderson stated that condition seven of the resolution means that as long as the improvements are on the site, the owner of the site has declared that the separate lots, property, will remain in common ownership. . Council Member Brausen expressed a concern that employee parking from Affordable Auto would move to residential streets. The Council directed staff to send a letter to Affordable Auto asking them to instruct their customers and employees to not park on the residential streets. October 21, 2003, City Council Meeting Minutes Page 3 Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2003-95, approving a conditional use permit to construct a gas station at 1702 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. Mayor Maxwell returned to the table at 8:30 p.m. VIII. NEW BUSINESS 1. Resolutions Authorizing Submission of EGA to Met Council, DEED, and Hennepin County for Luther Development (CR2003-160) As a part of the proposed redevelopment of the Knox property site by Luther Company, the city has been asked to support and submit grant applications for environmental remediation to the Department of Employment and Economic Development, Metropolitan Council and Hennepin County. Only Cities can apply for the funds. The City is the sponsor of the applicant. Various forms of soil contamination exist on the property which must be addressed before any development can occur. Grant funds from these agencies would be used for soil remediation and other necessary cleanup. Council Member Johnson asked if the calculated amount of S912,000 would be • sufficient for the clean-up. Kyle Allison, General Manager of Hopkins Honda, stated that Phase I and II environmental studies were done and that the result of those studies determined the amount to request. Staff answered that more could be applied for if the amount was not sufficient. Council Member Jensen moved and Council Member Brausen seconded a motion to adopt Resolution 2003-97, Resolution 2003-98, and Resolution 2003-99, authorizing staff submittal of environmental cleanup grant applications to Minnesota Department of Employment and Economic Development, Metropolitan Council and Hennepin County in conjunction with the proposed Knox PropertylLuther redevelopment. 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. Approve Lease-School District 270 Pavilion Mezzanine (CR2003-158) In May, 2003, the Hopkins School Board and the Hopkins City Council approved a joint development of the mezzanine level of the Pavilion. The School District will use the space for the "Off Campus" Hopkins Alternative Program. The finished space in the Pavilion, with the addition of an elevator and expanded restroom area will benefit both the District and the City. The lease will give the District exclusive use of the leased area from 7:00 a. m. to 2:30 p. m. The balance of the space and time will be allocated through a meet and confer process. The intent of the management plan is October 21, 2003, City Council Meeting Minutes Page 4 to ensure community needs are met while at the same time meeting the educational needs of the school district. Mr. Strachota, Facilities Manager, stated that the City Attorney has suggested language changes that will be made to the contract. These changes have not been incorporated into the contract that the City Council has seen. The Council discussed rental rates and the possibility of a policy on rentals. The Council also discussed insurance. Both the City and School District carry insurance on the area and the School District's policy names the City as Additional Insured. Council Member Brausen moved and Council Member Rowan seconded a motion to approve the lease agreement between Hopkins School District 270 and the City of Hopkins for the leasing of the Hopkins Pavilion Mezzanine area with the minor changes that will be made in the language as approved by the City Attorney. 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. Third Quarter Financial Report (Memo) Lori Yager, Finance Director, reviewed the third quarter financial report. Overall revenues are up, mostly because of bond sales. Overall expenditures are down from last year. General fund revenues are also up due to the issuance of a greater number of permits. General fund expenditures are also down from last year because of cuts made by staff. Ms. Yager stated that the current financial position of the City is very positive considering the economic conditions. There was no action. 4. Prevailing Wage Study (CR2003-161 When approving construction projects, the City is required to award bids to the lowest responsible bidder. The City does not have requirements for prevailing wages within its bidding documents. Both union and non-union contractors can bid on projects at whatever wage rates they pay their employees. Other levels of government have prevailing wage laws in place that require minimum wages by all contract bidders. It has been requested that the City of Hopkins consider adopting a prevailing wage ordinance. October 21, 2003, City Council Meeting Minutes Page 5 Bob Heise, President of the Builders and Contractors Association, stated that they are • not in favor of a prevailing wage ordinance. Mr. Heise stated that several of their members are currently working on Hopkins projects. An ordinance requiring prevailing wage will hurt those contractors. Mayor Maxwell explained that tonight is for deciding if they want to look at studying the issue, not for testimony for or against the issue. Council Member Brausen moved and Council Member Johnson seconded a motion to instruct staff to prepare background materials for a discussion of a potential prevailing wage ordinance, and to place the discussion on a future Council Work Session. 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. The City Manager announced that the next scheduled meeting will be on Wednesday, November 5"', because November 4th is Election Day. Also the next scheduled work session will be on Wednesday, November 12, because the 11th is Veteran's Day. IX. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:20 p.m. Respectfully Submitted, erry O r aier, City Clerk October 21, 2003, City Council Meeting Minutes Page 6