02-07-06A regular meeting of the Hopkins City Council was held on February 7, 2006, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Youakim, Thompson, Rowan, and
Halverson. Also, present were staff members Getschow, Genellie, Stadler, Kerrigan,
Harkess, and City Attorney Wynn Curtiss.
I. 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
Vergil Arness reported that the Commission held a public hearing on the site plan and
conditional use permit for Town and Country Dodge. At the hearing the neighborhood
expressed concerns about fencing. They discussed type of fencing and how high the
fencing would be. The Commission supported stained wood with varying heights and
recommended both items for approval. The Commission also discussed the rezoning of
the property at 416 17t" Ave N and recommended approval. The Commission held a
concept review of the SuperValu North Annex site and decided that they needed more
information.
2. Park Board
Josh Montgomery reported that the Board held their joint meeting with the Hopkins
Minnetonka Recreation Department. They discussed the scholarship program. The
program still has funds and is working well. They also discussed the closing time at
Shady Oak Beach. The beach will remain open until 9:00 p.m. through the first week of
August. They dropped the parking fee at the beach and increased the gate fee.
At the regular Park Board Meeting, the board reviewed green spaces on private property.
They reviewed their mission statement and made a decision to become more proactive.
They will have a board member visit each City facility to get a better understanding of
how they are operated. The Board extended the parks closing time to 1 1:00 p.m. on the
fourth of July. They discussed the creation of a dog park and have developed some
options. The dog park will be on the agenda for the joint City Council and Park Board
meeting. The Board also discussed the regional trail system as it relates to the central
business district.
February 7, 2006 City Council Meeting Page 1
IV. CONSENT AGENDA
1. Minutes of January 17, 2006 City Council Meeting
2. Minutes of January 17, 2006 City Council Work Session
3. Minutes of January 24, 2006 City Council Work Session
4. Ratify Prior Month's Disbursements
5, Approve Election Equipment Lease Agreement with Hennepin County (CE2006-
15)
6. Reappoint Charter Commission Members, Fran Hesch and Robert Miller (Memo)
7. Appointment to Zoning and Planning Commission, Elizabeth Dorn (Memo)
8. Resolution Ordering Preparation of Updated AUAR, re: SuperValu North Annex
Property (CR 2006-021)
9. Approve 2006/2007 Local 49 Contract (CR2006-013)
In response to Council Member Thompson's and the Mayor's questions, the City Clerk
stated that approximately $3500 per machine is the amount of savings to the City. The
City will have nine machines. The savings on the maintenance agreement is more
difficult to state, because the cost is not an exact amount. The City would have to
negotiate on maintenance for nine machines, while the County is negotiating on over 500
machines. The City Attorney had two concerns about the contract. Ms. Obermaier
stated the because the machines will be used for Federal, State, and County elections
until Hennepin County decides otherwise, the City would not want to end the agreement.
It does not mean that the City could not use other machines for City elections. The
record-keeping requirement was not a concern. Ms. Obermaier explained that the new
equipment would assist the handicapped voter in marking the ballot in privacy and
eliminate the need to have an election judge assist the voter.
Council Member Rowan moved and Council Member Halverson seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Council Member
Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council
Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
V. PUBLIC HEARING
1. 2006 Street and Utility Improvement Project, City Project 05-10 (CR2006-022)
On September 20, 2005, the City Council authorized Bolton and Menk, Inc. to prepare a
feasibility report concerning street improvements in the residential area just west of the
public works facility. The report was presented to the Council and the Council ordered a
public hearing on January 3, 2006. Hearing notices have been sent to all affected
residents and a notice was published in the Sun Sailor Newspapers. John Bradford
reviewed the assessments for the project and explained the process for determining those
assessments. Bolton and Menk will provide engineering services to the City for a fee of
$1 17,000. The total estimated cost is $837,825 with a total assessed amount of
February 7, 2006 City Council Meeting Page 2
$351,471. Marcus Thomas and Sara Rippke of Bolton and Menk came forward to
answer questions.
Mayor Maxwell opened the public hearing at 8:19 p.m.
James Stanley, 135 19t" Ave S, had concerns about the cost of the assessment.
David McCullum, 26 18t" Ave S, asked about assessment payments. Mayor Maxwell
responded that the assessment can be paid off and not be put on the taxes. That would
save the interest. Mr. McCullum also questioned the water main program. Mr. Bradford
explained the program stating that it is a voluntary program.
Ramona Lewis, 36 18t" Ave S, asked why those who abut the cul-de-sac were being
assessed. Mr. Bradford explained that because the road provided access to their
property, it was a benefit to those properties as well as those abutting the new portion.
Ms. Lewis said that she did not know when the water main was replaced at her property.
Mr. Stadler answered that the Public Works Department has records of water main
replacement on all of the properties and will make that information available to ali of the
assessed properties.
David Pettit, 1800 Mainstreet, owner of the Hopkins Dairy Queen, asked why some were
being assessed for front footage and some by the unit. Mr. Bradford explained why the
engineers broke the assessments into those categories. Mr. Pettit also asked if
commercial property was assessed at a different rate. Staff answered that commercial
property is assessed at the same rate as residential, but the cap is not applied. Mr.
Bradford stated that they would work with Mr. Pettit to assure that his business was
accessible during the Raspberry Festival.
Council Member Thompson moved and Council Member Halverson seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at 8:44
p.m.
Council Member Rowan moved and Council Member Thompson seconded a motion to
adopt Resolution 2006-010, Resolution Ordering Improvement after public hearing, 2006
Street and Utility improvement project, Project 2005-010, and companion Resolution
2006-01 1, stating City's intent to sell revenue bonds to fund this project, and authorize
the Mayor and City Manager to enter into an agreement with Bolton and Menk, Inc. for
project engineering services. A poll of the vote was as follows: Council Member
Youakim, aye; Council Member Thompson, aye; Council Member Halverson, aye; Council
Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
February 7, 2006 City Council Meeting Page 3
2. 2006 Community Development Block Grant Program (CR2006-020)
As a participating city in the Urban Hennepin County CDBG program, Hopkins is eligible to
receive $1 17,316 in CDBG funds for the 2006 program. The funds wilt be received on
July 1, 2006 and must be expended by December 31, 2007. A public hearing on the
proposed use of the funds is held as a requirement of the CBDG funding process. CDBG
funds may be used to support a variety of housing and community development activities.
The intent of the program is to fund bricks and mortar projects versus social service
programs and activities must meet objectives of the program. Staff recommended that
$1 12,316 of CDBG funds be used for housing rehabilitation activities and $5,000 be
funded to the Hopkins Minnetonka Family Resource Center. Two other organizations
requested funding. They were HOME Line and ICA. In reviewing the requests, staff
utilized the social service funding procedure that requires the service that is to be funded
to be directly related to a service that the City would be required to provide if the
organization were not providing the service.
Council Member Rowan asked if the policy used to determine eligibility is published. Ms.
Elverum answered that it is not. Council Member Rowan stated that he would like to see
the policy published so that any agency that would like to request funding from the
program could define how they fit that policy.
Mayor Maxwell opened the public hearing at 8:56 p.m.
No one came forward
Council Member Rowan moved and Council Member Youakim seconded a motion to close
the public hearing. The public hearing was closed by unanimous consent at 8:57 p.m.
Council Member Rowan moved and Council Member Youakim seconded a motion to. A
poll of the vote was as follows: Council Member Youakim, aye; Council Member
Thompson, aye; Council Member Halverson, aye; Council Member Rowan, aye; Mayor
Maxwell, aye. The motion carried unanimously.
VI. NEW BUSINESS
1. Site Plan Review, Town and Country Dodge (CR2006-018)
In 1985, Rudy Luther' Hopkins Honda was granted a conditional use permit for an auto
sales lot at 499 Mainstreet. Hopkins Honda moved to the former Knox site last fall. Now
Luther Hopkins Dodge (formerly Town and Country Dodge) is proposing to move their
operation from 1710 Highway 7 to the former Honda location on Mainstreet. A site plan
review is required because the operation is expanding and adding the former Burger King
and Now Sports sites.
February 7, 2006 City Council Meeting Page 4
The former Burger King building will be removed and the site will be additional parking.
The former Now Sports building will be remodeled and used for an indoor showroom,
sales offices and vehicle detail area. The abutting lot will be for parking and vehicle
display.
The applicant has also applied for a conditional use permit to amend the 1985 conditions(
use permit, so that they may expand the use.
At the Zoning and Planning Commission, concerns about the fencing were brought up.
The Zoning and Planning Commission recommended approval. The project is in
compliance with the Zoning Ordinances and Comprehensive Plan.
Nancy Anderson reviewed the site plan.
John Baker, architect for the project; Scott Spaeth, general manager for Luther Hopkins
Dodge, and Linda McGinty, representing Luther Companies, came forward to answer
questions.
Mr. Baker stated that what ever the Council wanted them to do for fencing and
landscaping, they would do.
Council Member Thompson left the Council Chambers at 9:10.
The Council discussed the lighting, fencing, maintenance of the city right-of-way, the
route of test drives, and parking with the applicants.
Council Member Youakim moved and Council Member Halverson seconded a motion to
adopt Resolution 2006-006, approving a site plan to expand the former Hopkins Honda
Site to include 401 and 426 Mainstreet for Luther Hopkins Dodge, A poll of the vote was
as follows: Council Member Youakim, aye; Council Member Halverson, aye; Council
Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
2. CUP for Auto Sales at 401 and 426 Mainstreet (CR2006-017)
Counci! Member Halverson moved and Council Member Rowan seconded a motion to
adopt Resolution 2006-005, approving a conditional use permit for the Luther Company
to expand their auto sales lot. A poll of the vote was as follows: Council Member
Youakim, aye; Council Member Halverson, aye; Council Member Rowan, aye; Mayor
Maxwell, aye. The motion carried unanimously.
3. Rezoning Mayon Plastics, 416 17t" Ave N (CR2006-019)
The City Council recently approved a new B-4 zoning district. This district is a
neighborhood type business district. The B-4 district limits the size of the business so
February 7, 2006 City Council Meeting Page 5
that abig-box type retailer will not be allowed. Last year the Town and Country Dodge
site was rezoned to B-4.
Council Member Halverson moved and Council Member Rowan seconded a motion to
adopt Resolution 2006-07, approving Ordinance 2006-960, rezoning the property at 415
17t'' Ave N from B-3 to B-4 for first reading. A poll of the vote was as follows: Council
Member Youakim, aye; Council Member Halverson, aye; Council Member Rowan, aye;
Mayor Maxwell, aye. The motion carried unanimously.
Council Member Thompson returned to the table at 9:27 p.m.
4. Approve Final Design Plans for the Excelsior Boulevard Streetscape Project,
Phase 3 (CR2006-024)
Amy Bower, Hoisington-Koegler Group, Inc., appeared to present the changes that have
been added since the January Council Meeting. The plan has been completed with the
changes.
City Manager Rick Getschow stated that the HBCA had given input on the signage
improvements. The final plan for signs has incorporated most of those ideas.
In answer to Mayor Maxwell's question, Ms. Bower and Mr. Stadler stated that they have
been in contact and are working with the Park and Ride people for improvements to that
area.
Council Member Thompson moved and Council Member Halverson seconded a motion to
approve the final design plans for Excelsior Blvd. Phase III streetscape improvements and
order bids. A poll of the vote was as follows: Council Member Youakim, aye; Council
Member Thompson, aye; Council Member Halverson, aye; Council Member Rowan, aye;
Mayor Maxwell, aye. The motion carried unanimously.
5. Approve Contract for Custodial Services (CR2006-01 1)
The City currently contracts with an outside contractor for custodial services in City Hall
and the Police Station. After completion of the reconstruction of the Police Station and
Public Works buildings, which increased square footage and changed the scope of the
duties needed, staff decided to solicit new proposals. ROC Janitorial submitted the lowest
bid and meet all the conditions. References were checked and they were good. The
attorney reviewed the contract.
Council Member Rowan pointed out an error on page three of the contract and asked that
the figure $7,2000.00 be changed to $7,200.00.
Council Member Rowan moved and Council Member Youakim seconded a motion to
approve an agreement between "ROC Janitorial" and the City of Hopkins to provide
February 7, 2006 City Council Meeting Page 6
janitorial services for Hopkins City Hall, Police Station and Public Works. A poll of the
vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye;
-.,_
Council Member Halverson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The
motion carried unanimously.
VII. ADJOURNMENT
There being no further business, Council Member Youakim moved and Council Member
Halverson seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9:53 p.m.
Respectfully Submitted,
....
erry O rmaier, City Clerk
ATTEST:
Eug e J. axwell, Mayor
February 7, 2006 City Council Meeting Page 7