04-06-99A regular meeting of the Hopkins City Council was held on Apri16, 1999, in the
Council Chambers of the Hopkins City Hall.
Pr sent were Mayor Redepenning and Council Members Maxwell, Jensen, Hssch, and
Johnson. Also present were staff members Mielks, Genellie, Stadler, Kemgan,
Anderson, Wilson, and City Attomsy Jerre Miller.
I. CALL TO ORDER
Mayor Redepenning called the meeting to order at 7:43 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none
III. PRESENTATION
Mike Tolzman, Valvoline Instant Oil Change, spoke about the number of years that
Vavoline has been in business in Hopkins. Mr. Tolzman said that when the business
went into the new location on Mainstrset, he wanted to give something back to th
community, so they pledged X2.00 for each oil change dons in the first month of
business in the new location. Mr. Tolzman presented a check for X3,500 for th
Hopkins Center for the Arts. Rick Brausen, Chair of the Hopkins Center for the Arts
Operations Board, accepted the check on behalf of the Board.
VI. CONSENT AGENDA
1. March 16, Regular City Council Meeting Minutes
2. Ratification of Prior Month's Disbursements
3. Adopt Resolution Authorizing Submission of Application for Two Grarrts for
Contamination Cleanup, Stiele/Bakken Project (CR99-062)
4. Approve Encroachment Permit, Hopkins Village Apartments, (CR99-065)
5. Adopt Resolution Authorizing MSA Advance Funding (CR99-067)
Council Member Maxweii moved and Council Member Johnson seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Council Member
Maxwell, aye; Council Member Jensen, aye; Council Member Hssch, aye; Council
Member Johnson, aye; Mayor Redepsnning, aye.
Apra 8, 1888 Regular City Counc~ Meedng Minubsa p~ 1
V. PROCLAMATION
Mayor Redspenning read the proclamation setting April 23,1999, as Arbor Day and
the Month of May as Arbor Month in the City of Hopkins.
Vi. OLD BUSINESS
1. Approve Development Agreement and Application to Federal Home Loan
Bank for Westbrooke Patio Homes Housing Improvement Area 2, Phase II
(CR99-070}
Jim Kerrigan reviewed the establishment of Housing Improvement Area 2. The
development agreement specifies under what terms the bond funds will be released to
the association to pay for construction costs. This action is the final action need d to
begin the improvements. The Federal Home Loan Bank application is being sought to
off s t the cost of the proposed project for those low to moderate income
homeowners who did not receive assistance for Phase I.
Council Member Maxwell moved and Council Member Hesch seconded a motion to
authorize the following:
1. Execution of a developm~t agreement between the C'r1y of Hopkins and
Westbrooke Patio Homes Association
2. Sponsorship of appl'~cation to the Federal Homs Loan Bank
A poll of the vote was as follows: Council Member Maxwell, aye; Council Member
Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor
Redepenning, aye.
VII. NEW BUSINESS
1. Award Sale of Bonds, Valley Park Condominiums Housing Improvement
Area 3 (CR99-061 }
Jim Kerrigan reviewed the establishment of Housing Improvement Area 3. All public
hearings have bean held, and a development agreement has been executed. At the
March 16, 1999. Regular City Council Meeting, Council authorized the sale of bonds.
Bids were accepted until 11:00 A.M. today.
Rusty Fisfield, Ellsrs and Associates Inc., said mat three bids were received. The low
bid was prosented by Cronin and Company at 6.808996.
Apra d, 1998 Rpul•r Clh/ CouncN M••dno Minut • Pp Z
Lori Yager pr sent d a report on the financial rating of the City by Moody's Investors
Services. The rating is excellent.
Council Member Jensen moved and Council Member Maxwell seconded a motion to
adopt Resolution 99-023, awarding the sale of ~ 1,466,000 Taxable General
Obligation Bonds for the Valley Park Housing Improvement Area. A poll of the vote
was as follows: Council Member Maxwsli, aye; Council Member Jensen, aye; Council
Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye.
2. Approve Variance, Rear Yard Setback, Duff's Auto Sales (CR99-061)
Nancy Anderson said that the applicant, Cari Hanson, has applied for a variance that
would allow acne-foot rear yard setback. The Zoning ordinance requires a 15-food
setback. Ms. Anderson said that the Zoning and Planning Commission voted four to
one to deny the request because ~a applicant could not meet the requirement of
showing that a hardship existed.
Mr. Nelson appeared and presented the plan. He said mat he felt a hardship did exist
in that the back part of the lot was land locked and could not be used for any
practical purpose if the variance is denied. Counc~ Member Johnson asked him what
the building would be used for. Mr. Nelson said that i't would bs a service bay to
inspect and fix the vehicles that go on the lot for eels.
Council Members discussed the fact mat the lot does not abut an alley, that there
would bs no encroachment, and that the lot is land locked.
Council Member Johnson asked the City Attorney if there are f~.c~. to support the
hardship requirement of the variance. Jerro Miller, City Attorney, said that hs had
don some research and feels that hs can produce findings of fact based on previous
cases that would support the hardship roquiremsnt.
Council Member Hesch moved and Council Member Maxwell seconded a motion to
continue this ism until the April 20~' meeting and direct the City Attorney to provid
findings of fact to support the hardship requirements. A poll of the vote was as
follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council
Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye.
3. Approve CUP for Religious Institution
Nancy Anderson said that the applicant, David Dolezal, is proposing to open a small
church at 9080 Excelsior Boulevard. Religious institutions are allowed in a B-3 Zoning
district with a CUP. The use is in compliance with zoning regulations and the
Comprehensive Plan. Ths applicant is working with ~e Inspections Department to
_ bring the building up to code for his use. Ms. Anderson said that in the event the
Apra 8, 1999 Rspular ctcy CouncY Mestinp Minutes Paps 3
institution becomes larger, the CUP will be reviewed for traffic impacts on Excelsior
Boulevard. The Zoning and Planning Commission r commended approval.
Mr. Dolezal appeared to answer questions.
Council discussed the parking requirements and who's responsibility it is to stripe the
individual parking places.
Council Member Hesch moved and Council Msmbsr Johnson seconded a motion to
adopt Resolution 99-27, approving a r~igious institution at 9080 Excelsior Boulevard
with ~e added condition that Council review the parking situation in six months and
decide at that time if additional stripping is necessary. A poll of the vote was as
follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council
Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye.
4. Accept Bid for Water Meter Read Software ~CR99-068)
Mike Lauseng said that the City sent out requests for bids on the first phase of a radio
read water meter system. Hydro Supply Company submitted two bids and was the
only company to respond. They submitted a bid for a Badger Trans Radio Rsad
System for 859,620.32 and for an itron Radio Read System at 849,907.88. Mr.
Lauseng said that the project includes ~e software that the Finsnce Department
needs for billing because the prosent system is not Y2K compliant and that the new
system will eventually allow the utility billing to be a monthly billing for the entire
City.
Mr. Stadler said that additional purchases and conversions will take place over ~e
next three years.
Council Member Hssch asked if his is the system that was discussed and approv d
with the Capital Improvement Plan. City Manager Mieike rosponded that it is.
Council Member Jensen moved and Council Member Johnson seconded a motion to
award the bid for a radio read meter system to Hydro Supply Company for a Badger
Trace System in the amount of 859,620.32. A poll of the vote was as follows:
Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch,
aye; Council Member Johnson, aye; Mayor Red~enning, aye.
Mayor Redepenning made a change in the order of the agenda.
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5. Approve Plans, Order Bids, Storm Sewer Improvements 2"d St N, Area five
(CR99-069)
St ve Stadler reviewed the background of flooding in this area and the history of the
project. Mr. Stadler prosented the scope of the project and the plans. A
neighborhood meeting concerning the plans was held on March 25.
Mike Halter, RCM Associates, appeared to answer questions.
Council Member Johnson moved and Council Member Maxwell seconded a motion to
approve plans and authorize bids for the construction of Storm Sewer Project 98-16,
2"~ St. N (Area 5). A poll of ~e vote was as follows: Council Member Maxwell, aye;
Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson,
aye; Mayor Redepsnning, aye.
6. Approve Board of Review Process (CR99-071)
Bob Wilson said that The Board of Review is set for April 20~'. A decision was mak
to add real estate advisors for their expert opinion to assist the board in their
valuation decisions. How his expert information is to be used, needs to be addressed
by the members of the Board of Review. The City of Minnetonka model follows the
following policies:
1. The real estate advisors' opinion is used as the new evaluation even when
the amount is greater than ~s amount of the original evaluation.
2. The property owner is net allowed to withdraw the appeal when then w
evaluation is set.
Steve Mielke said that he supports the policy of no withdrawal. The City will have to
pay for each appraisal and this will limit the appeals to those who seriously apply.
Council Members asked if a st~t~..~~ent explaining the no withdrawal policy can be put
on the appeal fomn. Staff answered that it can. Council directed the City Attorney to
draft the statement for the form.
Council Members discussed that possibility of appointing a board of review. Mr.
Genellie said that the Charter Commission will meet in April and that language can be
drafted to allow the Council to do so. Council Member Hesch asked if the item could
ba put on the agenda for discussion in two weeks.
Council Member Johnson moved and Council Member Maxwell seconded a motion to
adopt the proposed 1999 Board of Review procedures and to establish as policy:
April 6, 1999 Rspular City CouncN Mssdnp Minutsa Paps 6
1) That th Board will accept the stablished market value as determined by
the real estate advisors, and;
2) That appeals cannot bs withdrawn once the estimates are provided by the
advisors.
A poll of the vote was as follows: Council Member Maxwell, aye; Council Member
Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor
R depenning, aye.
7. Approve Plans, Order Bids, 1999 Street Projects ~CR99-066)
Steve Stadler reviewed the scope .of the project for reconstruction, overlay and utility
improvements. 13"' Avenue has been removed from ~e project. Mr. Stadler said
that ~e City Hall Parking lot project would also bs bid with the str+set project. The
total estimated cost of the stroet project is 8821,3b5. The total estimated cost of
the parking lot is X36,400. Mr. Stadler said that parking along 12'~ Ave S during
construction is still an issue that will have to ba addressed.
Marcus Thomas, Bolton and Msnk, answered questions about the project.
Council Member Jensen moved and Council Member Hesch seconded a motion to
adopt Resolution 99-028, Resolution approving plans and specifications, 1999 Stre t
and Utility improvements and City Hall Wsst Parking Lot Reconstruction, Project 98-
09 and authorizing bids. A poll of the vats was as follows: Council Member
Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council
M mb r Johnson, aye; Mayor Redepenning, aye.
VIII. REPORTS -COMMITTEES/COMMISSIONS
Council Member Johnson said that Cty Manager Stmre Mislke ~t~..~ded the Chemical
Health Commission meeting and reviewed the Liquor Law Violation Policy and gav
the commission options for dealing with the violations. Ms. Johnson said that th
final plans were made for the town meeting, Report Card on Our Youth that will be
held on Monday April 26"' at 6:30.
Council Member Hesch said that she attended a Zoning and Planning meeting and mat
M tro Transit presented Park and Ride designs. Concert plena and design wero
pr s rated for the Skateboard Park facility. Ms. Hssch said that small motor vehicle
dealers approached the planning commission to allow them to put moro cars on lots
than zoning ordinances presently allow. The Commission will be reviewing the
requiroments.
April 8, 1999 Repulsr Clty CouncN Ms tlnp Mhut s pspe 8
~,
Steve Mielke announced that there are openings on the Association of Metropolitan
'~ Municipalities Board and Metropolitan Transportation Advisory Board.
Steve Stadler announced that he is setting up a meeting for the County Road
73/Highway 5 Task force. Mr. Stadler said that there has not been a great deal of
response at this time and asked who from Council would want to attend.
IX. ADJOURNMENT
There being no further business, Council Member Johnson moved and Council
Member Jensen seconded a motion to adjourn the meeting. The meeting was
adjourned by unanimous consent at 9:43 p.m.
Respectively Submitt,~,
O~fna er, City Clerk
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April 6, 1999 Regular City Council Meeting Minutes Page 7
COUNCIL MEMBERS