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09-04-01A regular meeting of the Hopkins City Council was held on September 4, 2001, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Hesch, and Johnson. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Bot, Yager, Elverum, Lauseng, and City Attorney Jerre Miller. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:40 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Bruce Rowan reported that the Zoning and Planning Commission continued two items concerning the Medica project. They held a public hearing on the East Central Business District Project. No one from the public came forward. The Commission discussed the parking of non-passenger vehicle. One resident appeared. He said that he had no back or side yard to park his boat. In the off-season, he stores it, but in the summer he has to park it in front of his house. The Commission asked staff to draft ordinance wording that would allow limited seasonal parking of non-passenger vehicles. IV. CONSENT AGENDA 1. Minutes of August 21, 2001, City Council Meeting 2. Minutes of August 28, 2001 City Council Work Session 3. Ratify Prior Month's Disbursements 4. Approve Appointments to Park Board and Zoning and Planning Commission (Memo) 5. Second Reading, Revise Section 1 15 (Memo) 6. Resolution 2001-61, Designating St. Therese Southwest as the Polling Place for Precinct Seven (Memo) Council Member Jensen moved and Council Member Brausen 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 Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. September 4, 2001 City Council Meeting Minutes Page 1 V. NEW BUSINESS 1. Rezoning West Side Business Park (CR2001-120) Jim Kerrigan said that the City is required to have the zoning and Comprehensive Plan the same designation. This will be the second property that is considered to be rezoned since the adoption of the new Comprehensive Plan. No one appeared at the Zoning and Planning public hearing. The Zoning and Planning Commission voted unanimously to recommend approval. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 01-58, approving Ordinance 01-860, Rezoning Westside Business Park from I-1, Industrial, to Business Park, for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Indemnity Agreement, Justus Lumber Company (CR2001-125) Steve Mielke said that the Justus Lumber property was once owned by the City of Hopkins. When the City owned the property, the site was used as a manufactured gas plant and as a burn and fill municipal solid waste refuse site. In the seventies, Justus Lumber purchased the site and it has been operated as a lumberyard. This agreement will clarify the relationship between the City and Justus Lumber regarding environmental issues. The agreement would provide very specific and time limited indemnity to Justus Lumber Company, giving them protection against potential negative impacts of contamination related issues. The City of Hopkins would receive certain protections relative to investigatory issues on the site. Mr. Mielke said that the City is not exposing itself to additional liability by passing this agreement. Council Member Jensen moved and Council Member Brausen seconded a motion to approve an indemnity agreement between Justus Lumber Company and the City of Hopkins for the property at the corner of Excelsior Boulevard and 1 1 th Avenue, known as the Justus Lumber property. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Approve Preliminary Design Goals and Objectives, East CBD Project (CR2001-121) Kersten Elverum said that the design goals were prepared under the direction of a committee composed of City and business representatives. The document is intended to guide the design of the redevelopment project being undertaken by the City and address issues such as materials, parking and signage. The Zoning and Planning Commission reviewed the draft goals and objectives. The Commission was very supportive of the recommendations. The primary comment was to have the September 4, 2001 City Council Meeting Minutes Page 2 guidelines reflect owner-occupied housing in the entire project. This recommendation was not incorporated into the document. Ms. Elverum reviewed the goals and objectives. Ms. Elverum said that this is a preliminary plan that is quite broad and will be refined through discussion and the review process. The Council will vote on a final document at a later date. Council Member Hesch said that the background information that was presented to the committee was incredible and complemented Kersten Elverum on the preparation of the materials and the facilitation of the committee process. There was concurrence that Council and Staff would like to see a discussion on the development of standards that would apply to all areas of the City for future development. Council Member Johnson asked that the item be placed on work session agendas for the Council to have the opportunity to discuss the goals and objectives more fully. Council Member Jensen moved and Council Member Brausen seconded a motion to approve the preliminary design goals and objectives for the East Central Business District (CBD) redevelopment project. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. First Reading Vacating Portion of Easement, 1 10 Wayside Road (CR2001- 122) Steve Stadler said that in August of this year Council approved the partial vacation of a utility easement at 1 10 Wayside Road. Council directed Staff to begin the process. This is the first reading of an ordinance that would accomplish that. A public hearing will be held on September 18 with the second reading of the ordinance. Council Member Brausen moved and Council Member Hesch seconded a motion to adopt Ordinance 2001-861, vacating a portion of drainage and utility easement at 1 10 Wayside Road for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Adopt Preliminary Levy and 2002 Proposed Budget (CR2001-124) Lori Yager said that this year the truth in taxation hearing process has been waived due to the extensive changes implemented to our tax system by the legislature. A preliminary general fund budget has been established for 2002. Adoption of the actual budget and final levy will take place in December. At that time, the Council can adopt a levy that is lower than the preliminary levy, but not higher. Staff September 4, 2001 City Council Meeting Minutes Page 3 presented two options and recommended that in adopting the preliminary levy, the Council allow flexibility when deliberating the final levy and budget. The greatest increases are in wages and benefits. This option is still $254,315 under the imposed levy limit. Ms. Yager gave a presentation showing the changes that were made to the tax system, how taxes are allocated to the types of real estate, and also explained how the levy is obtained and the affect it has on the actual tax dollar. Council Member Jensen thanked Ms. Yager for once again explaining the process so that it is easy to understand. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Resolution 2001-60, approving the proposed 2001 tax levy, collectible in 2002, adopting a preliminary 2002 general fund budget, and setting public approval dates. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 6. Approve Amendment to Excelsior Boulevard Phase 11 Engineering Services Agreement CR2001-123) Steve Stadler said that in June, Council approved an Engineering Services Agreement with Bolton and Menk for preliminary layout design. On August 8th, Council approved a preliminary design. Moving forward with the final design phase requires additional landscape design. The Engineering Services Agreement does not include landscape design and needs to be amended at this time to do so. The cost of the additional services is $7,160 plus seven percent of the estimated construction cost. In answer to questions, Mr. Stadler said that the County will contribute to the actual landscaping, not the design, and Hennepin Parks will contribute to the cost of the Trail. Council Member Jensen said that she would have liked to see these figures presented during the discussion regarding the Monroe Avenue design. She requested that this sort of financial information be brought forward earlier in the future. Council Member Hesch moved and Council Member Brausen seconded a motion to authorize the Mayor and City Manager to sign and execute amendment number one to Excelsior Boulevard, Phase II Reconstruction Agreement for Professional Services in the amount of $7,160 for landscape and streetscape design services, Project 2001- 05. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. September 4, 2001 City Council Meeting Minutes Page 4 7. Approve Purchase of Utility Division Equipment (CR2001-1 18) Mike Lauseng said that staff is recommending that the City use some of the excess funds that were set aside to paint Blake Water Tower to purchase the upgrade package for the Utility SCADA Operating System and to purchase the MMI Mini- Mobile Interrogator for reading the water meters. This will be the next step in radio read to accomplish monthly utility billing. The cost of the SCADA upgrade is $33,777. The cost of the MMI Trace Mini-Mobile Interrogator is 530,370. Council discussed the option of leasing computers as opposed to purchasing them. Staff will investigate the cost differences. Council Member Johnson moved and Council Member Brausen seconded a motion to approve the purchase of a SCADA System Upgrade Package and the purchase of a Mobile Water Meter Reading Computer. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. 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 8:45 p.m. ATTEST: Eugene .Maxwell, Mayor September 4, 2001 City Council Meeting Minutes Page 5