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10-15-02A regular meeting of the Hopkins City Council was held on October 15, 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, Anderson, Bot, Yager, Elverum, Stahmer, Page, 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 There were none. III. PROCLAMATION 1 . Hopkins Community Image Awards The awards are given annually to individuals and businesses who have made a significant visual improvement or demonstrated continued superior maintenance of their property. Plaques and a gift certificate were given to single-family residential and Commercial/Industrial/Office. The recipients are: Single-Family Residential Charles and Marie Delawis, 1309 Lake St NE Deb and Gregg Peterson , 20 - 18th Ave S Gordon and Dorothy Phelps, 309 - 7th Ave N Jorge and Mary Garcia, 640 - 6th Ave S Chad and Bridget Bahnemen, 301 - 14th Ave N Commercial/Industrial/Office Tim and Mike Tuttle, Tuttle's Bowling Bar and Grill, 107 Shady Oak Rd Platinum Properties, Crossroads Center, Hwy 7 and Hopkins Crossroads IV. REPORTS -COMMITTEES/COMMISSIONS 1 . Chemical Health Commission Maureen Allen reported that the Chemical Health Commission held their meeting on October 7, 2002. Kathleen Taber attended. Ms. Taber will try to find a representative from the Depot Board and an adult that is involved with the Depot to be a member on the Chemical Health Commission. Ms. Taber asked for volunteers to help with an art project that the Depot is doing. An ad was placed under the school October 15, 2002 City Council Meeting Minutes Page 1 pages and one under the senior pages to recruit members for the Commission. The "Reduce the Use" program was given an award as an outstanding Community project. A safe and sober dance event for teens was held in October. November 18th through the 27th is State Chemical Health Week. The Commission would like to review the changes that will be made with the tobacco and off-sale liquor license requirements. In response to Mr. Mielke's question, Ms. Allen said that the Commission does not have any members from the business community. The Council concurred that letters should be written to the license holders. V. CONSENT AGENDA 1 . Minutes of October 1, 2002 City Council Meeting 2. Minutes of October 8, 2002 City Council Work Session 3. Second Reading Ordinance Amending Term of Licenses (Memo) 4. Approve Agreement for Use of Henn Co Digitized Data (CR2002-159) 5. Approve Alley Vacations, Marketplace Lofts (CR2002-162) The City Cierk stated that the Minutes of October 8, 2002, that were placed on the table before the meeting were the minutes to approve. Mr. Mielke explained the changes from those received in the packet. Council Member Brausen asked for an explaination of the Hennepin County Agreement. Mr. Bot explained that the agreement allows the City access to proprietary information such as GIS maps and arieal photos. We are allowed to share the information with our consultants. The consultants are responsible to us for how the information is used and we are responsible to Hennepin County. Council Member Brausen 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 . 2002 Assessment Hearing, Alley Project (CR2002-161) The 2002 alley project is complete except for a few punch list items. The Council ordered an assessment hearing at its September 17th meeting. Notices have been published and mailed along with an assessment statement to all affected property owners. No written objections were received. Comments were positive. The drainage has improved. Mayor Maxwell opened the public hearing at 7:56 p.m. No one came forward. October 1 5, 2C02 City Council Meeting Minutes Page 2 Council Member Brausen moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7:57 p.m. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2002-93, Resolution Adopting Assessment Roll, 2002 Alley Reconstruction Project 00-12. 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. Miscellaneous Assessment Hearing (CR2002-160) The proposed special assessments are for delinquent utility bills, citations, and invoices. Parking ramp maintenance is included. Notices have been published. Notices along with assessment statements have been mailed to all affected property owners. Three appeals were received. They were for 509 -51 1 Shadyside Circle - two citations and for two citations at 1407 Lake St NE. Elizabeth Page, Housing Inspector, answered questions about the appeals. Ms. Page explained that even though there had been several warnings and citations issued over the year, neither of the individuals involved responded until the notices and assessment statements were sent out. The junk vehicles have not been removed. Mayor Maxwell opened the public hearing at 8:01 p.m. No one came forward 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 8:02 p.m. Council Members discussed the appeals. Council Member Johnson moved and Council Member Jensen seconded a motion to deny the appeal for 509/51 1 Shadyside Circle. 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 IVlaxwell, aye. The motion carried unanimously Council Member Jensen moved and Council Member Brausen seconded a motion to deny the two appeals for 1407 Lake St NE. 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. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2002-92, Resolution for Adoption of Assessment Roll, 2002 October 15, 2002 City Council Meeting Minutes Page 3 Miscellaneous Special Assessments. 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. Resolution Giving Final Approval to Multifamily Housing Revenue Bonds, St. Therese Assisted Care Facility (CR2002-156) St. Therese is proposing the construction of an 86-unit assisted living housing project next to their existing facility. They are requesting the City Council approval to facilitate the project by the issuance of multi-family housing revenue bonds to provide funding for construction. The Council has given preliminary approval to the issuance. Prior to issuance, there needs to be a resolution approved at a public hearing. The City is not liable for payments if the applicant defaults. Mayor Maxwell opened the public hearing at 8:20 p.m. Erik Lunde, Piper Jaffry came forward and said that a representative from St. Therese could not attend. The Bonds will be FHA insured and have a AAA rating. Council IVlember Brausen moved and Council Member Rowan seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:23 p.m. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2002-87, authorizing the issuance, sale, and delivery of multi-family housing revenue bonds (GNMA Collateralized Mortgage Loan - St. Therese Southwest Assisted Living Project), Series 2002, describing the form of and authorizing the execution of related documents, authorizing the use of an official statement, and providing for the security, rights and remedies of the holders of said revenue bonds, subject to staff conditions as detailed in Council Report 2002-156. 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. OLD BUSINESS 1 . Side Yard Variance, 245 - 18th Ave N Council Member Brausen recused himself and left the table. This item was continued to this date at the October 1St, 2002 City Council Meeting. The applicant is requesting two three-foot side yard variances to construct a home on a 35-foot lot. Nancy Anderson said that the Zoning and Planning Commission recommended that the 8-foot setback requirement remain on the north side of the lot and that afour-foot side yard variance be granted for the south side. October 15, 2002 City Council Meeting Minutes Page 4 Kathleen Kopetski, 251 - 8th Ave N, requested that the 8-foot setback on the north side of the lot be upheld. Council Member Johnson moved and Council Member Rowan seconded a motion to adopt Resolution 2002-88, approving afour-foot side yard variance on the south property line to construct a home. A poll of the vote was as follows: Council Member Jensen, nay; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, nay. The motion failed. Council Member Jensen moved and Mayor Maxwell seconded a motion to deny the variance. A poll of the vote was as follows: Council Member Jensen, aye; Council Member Johnson, nay; Council Member Rowan, nay; Mayor Maxwell, aye. The motion failed. Council Member Brausen returned to the table. VIII. NEW BUSINESS 1 . Approve New Liquor License, Mainstreet Bar and Grill (CR2002-164) Mark Maslow is selling the Mainstreet Bar and Grill. The applicant, BCD Ventures, Inc. is proposing to purchase the business and the building. The applicant intends to hold the same licenses as the current owner, Robert Byer and Joel Chesin, principals of BCD Ventures, Inc. appeared to answer questions. Council Member Brausen asked if the Dance Hall is upstairs. Ms. Obermaier answered that the Dance Hall license refers to the band area and dance floor on the main floor. Mr. Chesin said that they rent the upstairs area and it is being used as a Dance Studio for dance lessons. They do not do parties upstairs. Council Member Jensen moved and Council Member Brausen seconded a motion to approve an On-Sale Liquor License and a Sunday On-Sale Liquor License for BCD Ventures, Inc; dba Mainstreet Bar and Grill, along with the additional supporting licenses with the condition that a certificate showing Liquor Liability Insurance is submitted to the City Clerk's office. 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 welcomed the applicants to the community. 2. Approve Preliminary Design CSAH 73/5 (CR2002-165) This is the next step to proceed toward final design. City staff, Minnetonka City Staff, and Hennepin County staff have been working very closely with the Design Tasl< Force on this project. There are still items to be agreed on, but they are close. October 1 5, 2002 City Council Meeting Minutes Page 5 Representatives from Hennepin County attended to answer questions. Mr. Stadler reviewed the design specifics. Property will need to be acquired from three lots. Mr. Stadler and Hennepin County representatives discussed the project schedule. The City will be responsible for the increased costs of the non-standard items and pavers and plantings. Ed Anderson, 10706 Minnetonka Blvd, came forward representing the Design Task Force. Mr. Anderson said that they appreciated all the staff and the City Council have done to achieve the progress that has been made. Mr. Anderson stressed that the Task Force supports the design as is and he asked the Council to stress this to the City of Minnetonka. Charles Heuback, 1 1 1 1 8 Minnetonka Boulevard, said that he is not in favor of the plan, the length of the medians is based on traffic counts that he does not believe are accurate. The road will shift toward Minnegasco meters that would become too close to the road. He said that the loss of trees and bushes as well as the pavers in the center of the intersection will raise the noise level to over 70 decibals. He asked that the Council Members review all the facts carefully before giving preliminary approval. Andy Moore, owner of the lot on the SE corner of the intersection, said that there is not enough room for all that is being proposed. He would like to see the bike path and the center medians eliminated. He was concerned about the loss of trees and the berm. Grace Wells, Manitoba Rd, said the median will extend beyond the opening to Manitou Rd and block access. Mr. Stadler said that he thought that the median length was included to eliminate some of the cut-through traffic. Ms. Wells answered that it was the wrong access point to accomplish that. John Levy, 6 Manitoba Rd, thanked the task force and City staff for all the work they have done on the project. He said that he is concerned that changing the traffic flow will change the character of the neighborhood. He said that traffic is the key focus. Patty Schussler, 4 Manitoba Rd, said that she is happy that the issue is finally going through. Ms. Schussler encouraged the Council to keep the bike path. Council Member Johnson moved and Council Member Rowan seconded a motion to Adopt Resoluton 2002-95, Resolution approving roadway construction preliminary plans, layout 1 F, for the construction of a new intersection at Hopkins Crossroads and Minnetonka Boulevard (Hennepin County Project 81 1 1). A poll of the vote was as followse Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. Met Council Grant Application, Alliant Tech (CR2002-167) October 15, 2002 City Council Meeting Minutes Page 6 Hopkins Mainstreet II, LLC has requested that Hopkins City Staff oversee the preparation and submission of a grant application to the Metropolitan Council. The grant application will seek funding through the Metropolitan Council's Tax Base Revitalization account to be used for asbestos abatement related to the Excelsior Tech Center Development (formerly Alliant Techsystems). There is no local match requirement. Hopkins Mainstreet II, LLC or their consultant will be responsible for drafting all required reports, which would then be reviewed by City staff or by a consultant hired by the City before submission to the Metropolitan Council. Hopkins Mainstreet II., LLC will also be responsible for paying all legal and consulting costs incurred by the City relating to the grant application process, the subsequent administration of any funds received, and for the preparation and/or review of reports required to be submitted to the Metropolitan Council. The application must come from the City, not the developer. The Metropolitan Council must receive the application on or before November 1, 2002. Council Member Jensen moved and Council Member Brausen seconded a motion to adopt Resolution 2002-90, Authorizing Application for Funds Under the Tax Base Revitalization Account of the Metropolitan Council. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnsor7, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Approve Professional Services Agreement Lift Station #7 Reconstruction Lift Station #7 serves south Hopkins and is the largest of the lift stations. The project is scheduled in 2004. An inspection revealed that the station is in worse shape than anticipated and will need to be replaced in 2003. SEH was chosen for preliminary design because of previous work they have done on lift stations for the City. SEH will prepare a preliminary design report. The fee for these services totals $31,508. The fee will be paid from the sanitary sewer utility fund. Council Member Brausen moved and Council Member Jensen seconded a motion to authorize the Mayor and City Manager to enter into an agreement with SEH for engineering services related to Lift Station #7 reconstruction. 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. 5. Presentation -Third Quarter 2002 Financial Report (Memo) General Fund revenues are up only 1 % over last year at this time. Property tax revenues in the general fund increased 27% over 2001. At the same time intergovernmental revenues decreased 53% over last year. This reflects the impact of the loss of HACA for the City. The other revenue sources are about the same as October 15, 2002 City Council Meeting Minutes Page 7 last year at this time. General fund revenues are slightly below target at 71 %. Overall the City is in good financial health. No action was taken VIII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:30 p.m. Respectively Submitted, Terry ermaier, City Clerk COUNCIL MEMBERS ATTEST: t~~ /~~~~` Euge e J. axwell, Mayor October 15, 2002 City Council Meeting Minutes Page 8