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08-07-02A regular meeting of the Hopkins City Council was held on August 7, 2002, in the Council Chambers of the Hopkins City Hali. Present were Mayor Maxwell and Council Members Brausen, Johnson, and Rowan. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Bot, Yager, and City Attorney Jerre Miller. 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 There were none. IV. PRESENTATION Craig Anderson and Sam Paulson came forward and presented a park bench in memory of their mother and father, Bob and Pat Anderson. Craig said that their mother wanted a bench placed where the music is played. Bob Miller said that by bringing their idea to Mayor Maxwell and the Council they are responsible for spearheading a new project to remodel the Downtown Park. Mayor Maxwell thanked the family for bringing the idea forward. More benches are available at $700 each. This bench will be dedicated at the Downtown Park on August 15tH V. CONSENT AGENDA 1 . Minutes of July 16, 2002 City Council Meeting 2. Minutes of July 23, 2002 City Council Work Session 3. Minutes of July 30, 2002 City Council Work Session 4. Ratify Prior Month's Disbursements 5. Approve Appointments to Chemical Health Commission and Park Board (Memo) 6. Appoint Election Judges (CR2002-128) 7. Approve Excel Energy Street Light Contract Addendum (CR2002-131) 8. Resolution Approving New Member Department, Southwest Mutual Aid Assoc (Memo) Terry Obermaier pointed out that the Mutual Aid resolution that the Council Members received in their packets had been assigned the number 2002-73. City Manager Mielke pointed out that the Excelsior Fire Department has always been a member. The name of August 7, 2002 City Council Meeting Minutes Page 1 the department has been changed. Because of the name change, the agreement had to be amended to reflect that change. In response to the Mayor's question, Ms. Obermaier answered that the election judges are being appointed for the Primary Election only. In response to the Mayor's question, Mr. Stadler answered that the dates on the Street Light Contract will change from 2002 to 2003. Council Member Rowan 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 Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. NEW BUSINESS 1. Approve Feasibility Report, Order Public Hearing, 5t" Avenue Street Improvement Project (CR2002-132) A feasibility study for this project was ordered on May 21, 2002. The project includes Stn Ave from 3`d St S to Highway 7 and 2"d St N from 5th Ave N to 6th Ave N. Marcus Thomas, Bolton and Menk Inc. reviewed the scope of the project. Council Members and staff discussed the concrete Rail Road crossing on 5th Ave S, Light Rail Transit at the crossing, adding crosswalks, and sidewalks. In reviewing the estimated costs of the project, Mr. Thomas stated that the assessment will depend on whether or not 5th Ave retains State Aid designation. At the present time, the street is posted to prohibit truck traffic. If the street retains the State Aid designation, trucks cannot be restricted. Staff strongly recommended retaining the designation. Mr. Thomas reviewed the schedule of the project. Staff stated that if bids could be let in February as planned, there is a good chance that the bids could come in lower than estimated. Mr. Bot said that at the public meetings, most input involved pedestrian safety issues, calming elements, sidewalks and truck traffic. Most comments were positive. They talked about State Aid and the truck traffic. Most favored retaining the State Aid and keeping the assessments down. Mr. Mielke asked staff to research the possibility of receiving Rail Road funds for the crossing by SuperValu and the possibility of using TIF funds for a portion of the project. August 7, 2002 City Council Meeting Minutes Page 2 Council and staff discussed the traffic counts. They also discussed how the assessment rate would be presented in the Notice of Public Hearing that would be mailed out. Council Member Rowan moved and Council Member Johnson seconded a motion to adopt Resolution 2002-72, Resolution Ordering Public Improvement Hearing, 2003 Street and Utility Improvements, City Project 02-10. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. First Reading Ordinance Amending Section 952, Domestic Animals (CR2002- 130) The City Council was asked to consider amending the Domestic Animal ordinance to include provisions for requiring owners to deal with dog urine odor as well as dog feces. Mr. Genellie presented the changes. Mayor Maxwell asked if "reasonable person" would be enforceable on odor. Mr. Genellie answered that if a complaint comes in, staff would be directed to the site to verify the odor. Council Member Johnson moved and Council Member Brausen seconded a motion to approve Ordinance 2002-880 for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. First Reading Comp Plan Change and Rezoning B-1 (CR2002-129) There is a small area along Highway 169, just east of the new SuperValu warehouse that is currently zoned B-1. The new Comprehensive Plan has designated the area as Business Park. State Statute requires that the two plans be consistent. This area was discussed at a Work Session and was referred back to the Zoning and Planning Commission. The Commission recommended that the properties north of 7th St S be zoned as Business Park and the properties south of 7th St S as B-1 . This would require that the Comprehensive Plan be changed to be consistent with the Zoning Ordinances. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2002-71, recommending approval of Ordinance 2002-870, rezoning the B-1 area along 2"d Ave S, north of 7th St S, from B-1, Limited Business, to Business Park for first reading; and adopt Resolution 2002-72, recommending approval of a Comprehensive Plan amendment from Business Park to Commercial for the sites south of 7th St S. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Second Quarter Financial Report Presentation (Memo) August 7, 2002 City Council Meeting Minutes Page 3 Lori Yager reviewed the second quarter financial report. The City continues to be in good financial health. No action was taken. City Manager Mielke asked the Council if they would direct staff to investigate the alternatives and the implications of placing a moratorium on certain license activities while we analyze our current licensing limits and rules. Council Member Johnson moved and Council Member Rowan seconded a motion to direct staff to research and bring back a report and potential moratorium ordinance for the study of the sale of fireworks, tobacco and off-sale Liquor. A poll of the vote was as follows: ' Council Member Brausen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. ADJOURNMENT There being no further business, Council Member Johnson moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:57 p.m. Respectively Subm erry Ol~.e~aier, City Clerk ATTEST: Eu ne .Maxwell, Mayor August 7, 2002 City Council Meeting Minutes Page 4