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07-02-02A regular meeting of the Hopkins City Council was held on July 2, 2002, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, and Johnson. Council Member Rowan was absent. Also, present were staff members Mielke, Genellie, Stadler, Yager, Reid, Beckering, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Tricia Carlson and Jack Buss, 305/307 12th Ave N, brought up concerns about dog urine odors that come from the neighbor's property. Ordinances address feces but not urine odor. They requested that the issue be addressed in the animal and/or nuisance ordinances. Mayor Maxwell responded that Staff would research the problem and possibly bring the item to a work session. Steve Gardner, Plymouth, raised concerns about the mature trees that will be cut down for the Regency development. Mr. Gardner also asked when the middle of the night train whistles would be stopped. III. OATH OF OFFICE Chief Reid introduced Patrick Michael Kenyon as the new Police Officer. Chief Reid said that Police Officers gain their authority through the oath of office. After Officer Kenyon was sworn, his wife, Alana pinned his badge. IV. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Mary Hatcher reported that the Zoning and Planning Commission held their regular meeting on June 25th. The Commission looked at plans for Metro Water Condition to build on two vacant lots. The lots will need to be combined before a building can be built on it. The Commission recommended approval of the final plat. The applicant: wiil also need a Conditional Use Permit. The Commission discussed a concern about the turning radius in the back of the building. Trucks will have to back into the building and there is concern that there will not be enough room to turn into the building. The Commission added the condition that a traffic consultant reviews the plans before the item is taken to the City Council. The July 2, 2002, City Council Meeting Minutes Page 1 Commission would recommend approval if the traffic Consultant finds no problems with the turning radius. If problems with the turning radius were evident, the Commission would recommend denial of the CUP. The Commission also reviewed the rezoning of the B-1 area along highway 169 to Business Park. The two businesses that are currently in that area will be left as B- 1. V. CONSENT AGENDA 1 . Minutes of June 18, 2002 City Council Meeting 2. Minutes of June 25, 2002 City Council Work Session 3. Ratify Prior Month's Disbursements 4. Approve City Contribution to LMC-NPDES Phase II Implementation (CR2002-1 12) 5. Award 2002 Seal Coat Project (CR2002-1 1 1) Council Member Johnson 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 Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. PUBLIC HEARING 1. ~/lodification of Redevelopment Plan for Redevelopment Project #1 (CR2002-1 10) The City/HRA is proposing a construction project to address space needs of the Police Department, Fire Department and Public Works Department at the Public Works site, Pavilion site, and the parking lot between the Public Works building and Katherine Curren School. The project will be funded through an HRA-issued lease revenue bond. The financing requires that the property on which the redevelopment is being done is located within a redevelopment project area. Presently, Redevelopment Area No. 1 includes a large portion of the City, but does not include the property on which the Community Facilities Project will be undertaken. This action would modify the existing Project Area No. 1 to include those areas. Lori Yager, Finance Director, gave a presentation of the project and reviewed the proposed financing of the project. Craig Reid, Police Chief, reviewed the space study that identified the need for the new facilities. Steve Stadler, Public Works Director presented a site plan of the project. July 2, 2002, City Council Meeting Minutes Page 2 Steve Mielke, City Manager, indicated that a representative from the School District was in attendance. Mr. Mielke said that the City has been working closely with the School District and that the District has been supportive of the project. The District has offered funds to help with construction costs. Don Beckering, Fire Chief, stated that the issues for the Fire Department are safety and OSHA compliance. The building is not vented for diesel fuel. Fumes from diesel fuel are corrosive and a health risk. Mayor Maxwell opened the public hearing at 8:17 p.m. Ed Silberg, 460 5th Ave N, said that he is a member of a couple of groups of tennis players that utilize the eight tennis courts that will be taken down. The courts are lighted and are used four to five nights a week. They would like to see the courts rebuilt with lights. Mayor Maxwell suggested that the request be brought to the Park Board and to the Hopkins Minnetonka Recreation Board. 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 8:23 p.m. The consensus of the Council is that the facilities are needed. The current facilities that will be replaced were built in the late 1930's. Hopkins has changed and grown since that time. Standards have changed. The current facilities do not meet standards. The City has out grown them. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2002-64, approving modification of redevelopment plan for Redevelopment Project No. 1 . A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS 1 . Approve Construction Cooperative Agreement, Excelsior Blvd Reconstruction (CR2002-116) Final construction cost estimates for Excelsior Blvd are completed. Hennepin County has prepared a construction agreement for City consideration. The agreement allocates costs of construction items and real estate acquisition between the City of Hopkins and Hennepin County. The City must approve the agreement before the County can award the project. Mr. Stadler reviewed the July 2, 2002, City Council Meeting Minutes Page 3 major cost items. Mr. Stadler said that there is one area in which agreement has not been reached. There are some areas of remnant parcels that the County believes have real value. The County would like to deed the land to Hopkins and be reimbursed for one-half of the cost. Some parcels will be deeded to Blake School as mitigation. Mr. Stadler said that the plans have been in place all along to use the land as a buffer area between the street and the residential neighborhood. This is beneficial to both the City and the County, and that the County should not be reimbursed unless the land is actually used for other purposes. Mr. Stadler said that restrictions should be placed on the four parcels adjacent to Blake School that the County would offer the school. The restrictions would be in place to prevent any future school use that is incompatible with the adjacent residential-zoned area or contrary to the Excelsior Boulevard landscaping/streetscaping theme. Bruce Polaczyk, Hennepin County, answered that this has been a very difficult project and that the City and County have worked very well together. The one disagreement is the remnant parcels. The County feels an obligation to their taxpayers to recover the cost of the land because it has real value. This is the way they have drafted their contracts with other jurisdictions in this situation. Guy Nowlan and Brad Moe, Hennepin County, agreed with Mr. Polaczyk. Council questioned Hennepin County representatives, asking if resolution is not reached tonight on these issues, could the County still go forward with bidding the project. Mr. Polaczyk answered that the County would. All felt confident that the issues could be resolved. Council Member Brausen moved and Council Member Jensen seconded a motion to approve proposed construction cooperative agreement no. PW 19-27-02, with exceptions as described by staff, between the City of Hopkins and Hennepin County for construction and maintenance related to Excelsior Blvd Improvements, Phase II. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve Easement Purchases, Excelsior Blvd Phase II Project (CR2002- 118) In January 2002, the City Council authorized acquisition of required right of way and easements for the Excelsior Blvd, Phase II project. Compensation has been determined based on County and City Assessor data. These acquisitions are required for the construction of the new Excelsior Blvd/Milwaukee St/Jackson Ave intersection. Evergreen Land services will negotiate the settlements. If agreement cannot be reached, the property would have to be acquired through the condemnation process. Hennepin County will complete all other acquisitions for July 2, 2002, City Council Meeting Minutes Page 4 the project. Mr. Stadler reviewed the properties. Not all acquisitions are on this list. They will be brought to a later meeting. Matt Storm, Evergreen Land Services, came forward to answer questions. Council Member Jensen moved and Council Member Johnson seconded a motion to approve compensation amounts, as presented by staff, for acquisition of temporary and permanent easements required for the Excelsior Boulevard Reconstruction, Phase II project. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Approve Engineering Services Change Order, Lake Street Bridge Project (CR2002-1 17) In 1999, the City Council approved a $91,500 engineering services agreement with SRF Consulting Group for design and construction services regarding Lake Street Bridge. Staff has negotiated an agreement with SRF to compensate them for construction services provided to the City that were beyond the scope of their original fee proposal. The additional costs were due to project scope change during design development, one-year project delay, sanitary sewer forcemain break, and substantial revisions to utility replacement work during construction. Staff is working with the City Attorney to collect cost of delay from Qwest. They are also pursuing action against the contractor's insurance for the sanitary sewer break. Council Member Johnson moved and Council Member Brausen seconded a motion to approve additional engineering services fees in the amount of $35,362 for construction services provided by SRF Consulting Group on the Lake Street Bridge reconstruction project. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Approve 2002 Dispatcher°s Contract (CR2002-76) The contract calls fora 2% wage increase, effective January 1, 2002 and a 3% wage increase effective on June 30, 2002. Benefits are increased to match those of the Police Officers. The proposed settlement is approximately $2,500 more than was budgeted. The higher wage increase was necessary to keep Hopkins competitive with other cities that have dispatchers. Council Member Brausen moved and Council Member Jensen seconded a motion to approve the 2002 Contract for the Dispatcher's Union. A poll of the vote was as July 2, 2002, City Council Meeting Minutes Page 5 follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. 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 9:38 p.m. Respectively Subm erry Of~~`naier, City Clerk ATTEST: Euge ~e'J. axwell, Mayor ` July 2, 2002, City Council Meeting Minutes Page 6