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03-06-07A regular meeting of the Hopkins City Council was held on March 6, 2007, 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, Reid, Anderson, Bradford, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:39 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. OATH OF OFFICE 1 . Police Reserve Captain -Reid Elwood Peterson Police Chief Craig Reid explained the role of the police reserves. Reid Peterson was promoted to Captain. As Captain, Peterson will be the head of the Hopkins Reserves. The previous promotion to Captain took place in 1995. The City Clerk administered the oath of office. Captain Peterson's son, Officer Chris Peterson, pinned Captain Peterson's badge. Captain Peterson stated that he was honored to work with the Hopkins Police Department. IV. PRESENTATION 6 1 . Empty Bowls Barb Westmoreland presented the 9t" annual Empty Bowls. The proceeds of the fundraiser go to the ICA food shelf and the Hopkins Minnetonka Family Resource Center. Ms. Westmoreland gave a brief history of the event and outlined the highlights of the event to be held on March 20t" from 1 1 :00 a.m. to 7:00 p.m. This year, they have about 1,000 bowls. Mayor Maxwell thanked Ms. Westmoreland for her contribution in starting and continuing the event. V. REPORTS -COMMITTEES/COMMISSIONS 1 . Zoning and Planning Commission Bob Hatlestad reported that the Zoning and Planning Commission discussed language for changes to the zoning ordinance regarding junk vehicles in business districts. The Commission also discussed language for changes to allowed CUPs in industrial districts. March 6, 2007 City Council Meeting Minutes Page 1 VI. CONSENT AGENDA 1 . Minutes of February 20, 2007 City Council Meeting 2. Minutes of February 20, 2007 City Council Work Session 3. Minutes of February 27, 2007 City Council Work Session 4. Ratify Previous Month's Disbursements 5. Approval of State Contract Authorizing the Hopkins Fire Department to Continue as a State of Minnesota Hazardous Materials Chemical Assessment Team (CR2007-024) 6. Approve Driveway Easement -265 Holly Rd (CR2007-027) 7. Approve Train Switching Resolution (CR2007-027) In response to the Mayor's question, Mr, Stadler stated that when Holly Rd was extended south beyond the public right-of-way into an "Outlot" property. The residential properties that were developed at the very south end of Holly Rd abut this city property and do not abut apublic-right-of way. The perpetual easement is needed to allow a clear title regarding access to the property at 265 Holly Rd. Fire Chief Dale Specken came forward and explained that the current State contract for the Chemical Assessment Team will expire on June 30t" of this year. The new contract will be a five-year contract. The contract has been a benefit to the Hopkins Fire Department. The State pays for training. Because of the contract Hopkins fire fighters are trained to a higher skill level than they would be without the contract. Council Member Youakim moved and Council Member Rowan 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. VII. NEW BUSINESS 1 . Amended and Restated PUD/Development Agreement -Marketplace & Main (CR2007-023) In June of 2004 the City of Hopkins rezoned the former Hopkins Honda Body Shop and used car sales lot to a Planned Unit Development (PUD) overlay zoning to facilitate the redevelopment of the site into a mixed use (residential/commercial) development. At that time, a PUD agreement was executed with Luther Companies. The agreement was revised in the summer of 2006 to reflect the Cornerstone Group as owners. The PUD agreement with the Cornerstone Group was approved by the City Council, but never executed. Now, the Cornerstone Group is selling the site to Marketplace Holdings, Inc., (The Beard Group) and the agreement needs to be amended. Changes in the agreement March 6, 2007 City Council Meeting Minutes Page 2 put the start date at no later than August 31, 2008 for phase one and no later than April 30, 2009 for phase two. Council Member Rowan moved and Council Member Halverson seconded a motion to approve the amended and restated PUD/Development Agreement between the City of Hopkins and Marketplace Holdings, Inc. 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. 2. Approve Xcel Energy Franchise Agreement (CR2007-028 In 1987, the City Council adopted a franchise ordinance for electric utility. That expires on March 31, 2007. The proposed ordinance is also fora 20-year term and does not have any significant changes from the previous ordinance. Pat Cline and Michele Swanson, Xcel Community Relations Department, came forward to answer questions. Mr. Cline stated that steps are being taken to resolve issues of frequent outages in pocket areas of Hopkins. Mr. Stadler stated that he is not comfortable with section 3.1 that states that Xcel will remove abandoned materials that are "interfering with a City improvement project". He would like all abandoned materials removed at the time of reconstruction regardless of whether or not they interfere with a project. It was decided that language could be changed before the second reading. Council Member Halverson moved and Council Member Rowan seconded a motion to adopt Ordinance 2007-984, Electric Franchise Ordinance, for first reading. 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. 3. Reject Bids, HVAC Upgrade Project (CR2007-026) City staff has advertised for bids for replacement of existing oversized, 43-year old heating and cooling equipment with a goal of reducing the energy consumption needed to cool and heat City Hall. The Engineer's estimate for this project was $90,000 with a project payback of 4 to 5 years. The lowest bid received was $159,000. It was determined that costs could be reduced by clarifying several construction items and changing equipment specifications to better match our existing HVAC control system, with the result of reducing the construction costs to no more than $120,000. With the increased cost, the estimated payback due to energy cost savings is 7 to 9 years. Staff recommended re-advertising the project for bids. Council Member Thompson moved and Council Member Halverson seconded a motion to reject all bids submitted for City project 2006-18, City Hall HVAC Upgrade. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; March 6, 2007 City Council Meeting Minutes Page 3 Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT Mayor Maxwell reminded the public that the St. Patrick's Day parade will take place on Saturday, March 17t" and Empty Bowls will be on March 20t". There being no further business, Council Member Youakim moved and Council Member Thompson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:15 p.m. Respectfully Submitted, Terry Obermaier, City Clerk ATTEST: Euge e J. axwell, Mayor March 6, 2007 City Council Meeting Minutes Page 4