04-21-00A regular meeting of the Hopkins City Council was held on March 21, 2000, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Hesch, and Johnson.
Also present were staff members Mielke, Genellie, Stadler, Kerrigan, Reid, Gessele,
Anderson, and City Attorney Jerre Miller.
Council Member Jensen was absent.
CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:35 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none.
III. REPORTS -COMMITTEES/COMMISSIONS
1 . Park Board
Mark Kuhl introduced Bill Gullickson, also a member of the Park Board said that the
Park Board reviewed the amendment to the City Code that addressed tobacco and
alcohol use in parks. Mr. Kuhl said that next week Ray Vogtman will attend a County
meeting where their application for the skate park land use permit will be discussed.
Mr. Kuhl said that he understood that park dedication funds were released in 1999
and that no one on the park board was notified about the expenditure or what it was
for. He said that the board would like to be made aware of park dedication fund
expenditures. Mayor Maxwell asked if the board would attend a joint meeting with
the Council to discuss the issue more fully. Mr. Mielke explained that in the past,
boards and commissions had not been notified, but that he thought it would be a
good idea to do so. Mr. Mielke also explained that the expenditure was for the Shady
Oak Beach renovations and the reasons for it.
IV. CONSENT AGENDA
1 . March 6, 2000 Regular City Council Meeting Minutes
2. March 14, 2000 Work Session Minutes
3. Approve Chemical Health by-law changes (CR2000-29)
4. Approve Phase II Visioning Agreement/Tom Allen (CR2000-55)
5. Approve Liability Insurance Policy Changes (CR2000-45)
6. Approve Design and Order Bids, Thermotech Storm Sewer (CR2000-53
7. Approve Engineering Agreement, Excelsior Blvd Phase II Utility
Improvements (CR2000-51)
March 21, 2000 City Council Meeting Minutes Page 1
8. Consider Commercial Vehicle Parking Restrictions, 1 1 t" Ave S (CR2000-52)
Council Member Johnson asked that the work session minutes be amended to read
"Diane Johnson" in the paragraph headed "State of the City, Bobbie Hartfiel".
Mayor Maxwell asked Lori Yager to explain the insurance policy changes in item five.
Carl Bennetson of Youngdahl and Associates, our insurance agent, explained that
State Statutes raised the law suit limitations from $750,000 per occurrence to
$1,000,000 per occurrence and that the policy changes reflect that requirement.
Council Member Hesch 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 Hesch, aye; Council Member Brausen, aye; Council Member Johnson, aye;
Mayor Maxwell, aye. The motion carried unanimously.
V. PUBLIC HEARING
1 . 2000 Alley Improvements (CR2000-42)
Jim Gessele said that a feasibility report was accepted by the Council on February
15t" for the reconstruction of alleys in the 100 block of 17t" and 18t" Aves N and the
10 block of 7t" and 8t" Aves N. A public hearing was ordered for March 21St. Notices
were sent to all affected property owners. Two neighborhood information meetings
were held. Eighty percent of the cost will be assessed at a rate of $37 per foot in the
100 block and $30 per foot in the 10 block. Several garages in block 10 encroach on
the right-of-way. The expense to the property owners would be too great for
removal, so the alley width will be narrowed to ten feet. The total cost of the project
is $69,776.00. Council Member Brausen asked how many people attended the
information meeting. Mr. Gessele said that two attended.
Mayor Maxwell opened the public hearing at 7:48 p.m.
Mike Peterson, 22 - 7t" Ave N, asked if the amount per foot is measured on the street
side of the property or on the alley side of the property. Mr. Gessele said that it is
measured on the alley side. Mr. Peterson said that he-felt that the amount that he
had to pay for 1St St N should be deducted from this assessment.
Steve Stadler explained the policy on the 1St St assessment and said that it is the
same for everyone.
Council Member Johnson moved and Council Member Brausen seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
7:55p.m.
March 21, 2000 City Council Meeting Minutes Page 2
Council discussed the time frame and notification issues.
Council Member Hesch moved and Council Member Brausen seconded a motion to
adopt Resolution 2000-24, Resolution Ordering Improvement After Public Hearing,
Alley Reconstruction Project 00-02. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Hesch, aye; Council Member Johnson, aye;
Mayor .Maxwell, aye. The motion carried unanimously.
VI. NEW BUSINESS
1. Conditional Use Permit -Zion Lutheran Church (CR2000-42)
Jim Kerrigan said the applicant, Zion Lutheran Church, is proposing to construct two
additions to the existing Church. The additions are small, 2400 square feet, and on
the interior of the site. Setbacks will not be affected. The project meets the zoning
requirements and is in compliance with the Comprehensive Plan. The Zoning and
Planning Commission approved the conditional use permit unanimously.
Council Member Hesch moved and Council Member Brausen seconded a motion to
adopt Resolution 00-19, approving the additions to Zion Lutheran Church. A poll of
the vote was as follows: Council Member Brausen, aye; Council Member Hesch, aye;
Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
2. Sign Variance for Citizens Bank (CR2000-43)
Jim Kerrigan said that the applicant, Graphic House, is proposing to erect a pylon time
and temperature sign at the new Citizens Independent Bank, 10901 Excelsior Blvd.
Changeable signs are allowed in the City as wall signs, but not as pylon signs. Mr.
Kerrigan reviewed the ordinance requirements for changing signs. No hardship was
found, therefore staff recommended denial.
The Zoning and Planning Commission reviewed the application and voted to
recommend the variance and recommended that staff draft language amending the
ordinance to allow changeable time and temperature signs in pylon and monument
signs.
Representatives of the developer, the sign company, and the bank were present to
answer questions. Mayor Maxwell asked if they could wait for the ordinance to be
completed. The developer answered that the opening date is scheduled to be in four
to six weeks and felt that the sign should be there then. Waiting for the ordinance
would not allow them to have a sign by opening.
March 21, 2000 City Council Meeting Minutes Page 3
Council Member Hesch moved and Council Member Johnson seconded a motion to
approve Resolution 2000-20, approving a pylon time and temperature sign. A poll of
the vote was as follows: Council Member Brausen, aye; Council Member Hesch, aye;
Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
3. Sale of Bond, Water Fund (CR2000-46)
Lori Yager said that the City has the authority to issue revenue bonds to pay for any
utility or other public convenience from which a revenue is or may be derived. The
bonds being issued will pay for projects, including the painting of two water towers,
the reconstruction and repairing of the Elmo Park water treatment facility, and the
purchasing of radio read meters.
Ms. Yager announced that the City received the Standard and Poor's statement of
rating and that the City's rating increased from A + to AA-.
Rusty Fifield, Ellers and Associates, said that the sale went very well and was
accomplished at the very best interest rate possible. This was due in part to the new
rating status of the City. Mr. Fifield complemented the City on the work and
decisions over the past several years that made the rating possible and said that it
was a real accomplishment.
Mayor Maxwell said that the report should be included in the State of the City
address.
Council Member Johnson moved and Council Member Brausen seconded a motion to
adopt Resolution 2000-18, awarding the sale of $2,060,000 General Obligation
Water Revenue Bonds for painting the water towers, renovation of the water
treatment facility and the radio read meter system implementation. A poll of the vote
was as follows: Council Member Brausen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
4. Revise MSA Street Designation (CR2000-48)
Steve Stadler said that in order to maximize the City's MSA annual construction
allotment and in order to revise the City's street designations in accordance with
previous City Council direction and State Aid rules the following changes should be
make to street designations:
1. Revoke MSA street designation on 15t St N from Shady Oak Road to 12tH
Ave and from 8t" Ave to 5t" Ave.
2. Add MSA street designation to Minnetonka Mills Road from 5t" Ave N to
Washington Ave N.
March 21, 2000 City Council Meeting Minutes Page 4
3. Add MSA street designation to 2"d St NE from Washington Ave N to Tyler
Ave N .
Council Member Johnson moved and Council Member Brausen seconded a motion to
adopt Resolutions 2000-21, 2000-22 and 2000-23, resolutions revising the City's
municipal state aid (MSA) street designations. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Hesch, aye; Council Member
Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
5. Authorize Contract and Budget, Police/Fire Department Space Needs
(CR2000-44)
Captain Jim Liddy said that both the police and fire departments have shortages of
office, operational and storage space in their current facilities and that in order to
determine what alternatives are available it is necessary to conduct an analysis of the
current facilities. Two firms, Boarman, Kroos, Pfister, Vogel & Associates and Miller
Dunwiddie, Inc., submitted proposals for the space needs analysis. Boarman, Kroos,
Pfister, Vogel & Associates have had a much broader experience dealing with police
and fire facilities. They also submitted a lower bid.
Steve Mielke reviewed the history of the issue and further explained why staff felt the
study was necessary. Captain Liddy said that the study would be confined to police
and fire departments. Council Members discussed the reality of the needs.
Council Member Hesch said that Council should really begin now, thinking about how
they will deal with the results of the study.
Council Member Johnson moved and Mayor Maxwell seconded a motion to retain the
firm of Boarman, Kroos, Pfister, Vogel & Associates to do a space needs analysis of
the police and fire department facilities. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Hesch, aye; Council Member Johnson, aye;
Mayor Maxwell, aye. The motion carried unanimously.
6. Approve Hennepin County Process, Co Rd 73 and 5 Improvements
(CR2000-50)
Steve Stadler said that at the December 21St City Council Meeting, Council adopted a
resolution, which stated the goals, expectations and several design elements of the
County Rd 73/5 intersection improvement project. The resolution also directed staff
to develop a written agreement with the City of Minnetonka and Hennepin County. A
proposed agreement was reviewed and approved at the February Stn Work Session.
The agreement was presented to the City of Minnetonka and Hennepin County staff.
Hennepin County responded that they would prefer to proceed with project design
without a written agreement. They believe that the City can ensure their interests
March 21, 2000 City Council Meeting Minutes Page 5
through the Council approval process. Staff believes that the County will honor
previous verbal agreements.
Council Member Hesch moved and Council Member Brausen seconded a motion to
approve the Hennepin County proposal to address City conditions through the design
and construction agreement approval process, provided the County has approved a
concept design for future County Road 5 corridor enhancements. A poll of the vote
was as follows: Council Member Brausen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
Steve Mielke asked Council Members if they could start the Work Session on March
28tH at 6:00 instead of 6:30. Council agreed.
Mayor Maxwell said that the Empty Bowls was a great success and thanked those
involved in the organization of it.
VIII. ADJOURNMENT
There being no further business, Council Member Hesch moved and Council Member
Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9:19 p.m.
Respectively Submitted,
Terry ermaier, City Clerk
ATTEST:
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Eugene J. Maxwell, Mayor
March 21, 2000 City Council Meeting Minutes Page 6
COUNCIL MEMBERS