05-18-2010 A regular meeting of the Hopkins City Council was held on May 18, 2010, in the Council
Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Youakim, Brausen, Rowan, and
Halverson. Also, present were staff members Getschow, Genellie, Stadler, Elverum, Bradford,
Kearney, and City Attorney Jerry Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:30 p.m.
II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS
There were none.
III. CONSENT AGENDA
1. Minutes of the May 4, 2010 City Council Meeting
2. Minutes of the May 4, 2010 City Council Work Session
3. Minutes of the May 11, 2010 City Council Work Session
4. Miscellaneous Licenses for Approval (Memo)
5. Approve a Temporary Liquor License for the Hopkins Area Jaycees Raspberry
Dances on July 16 -17, 2010 (CR2010047)
6. Approve Ordinance 2010 -1017, Second Reading, Establishing Overlay for
Downtown District (Memo)
7. Appoint Fran Hesch and Karen Jensen to the Charter Commission (Memo)
8. Adopt Resolution 2010 -026, Withdrawing from the 1984 Public Works Joint Powers
Agreement (CR2010 -046)
Council Member Halverson 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 Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye;
Mayor Maxwell, aye. The motion carried unanimously.
IV. NEW BUSINESS
1. Adopt Resolution 2010 -022, Accepting Bids for 5 St S Reconstruction Project;
Resolution 2010 -023, Declaring Cost to be Assessed and Ordering Preparation of
Proposed Assessment; Resolution 2010 -024, For Hearing on Proposed
May18, 2010 City Council Meeting Minutes Page 1
Assessments, 5" St S, City Project 08 -07; and Resolution 2010 -025, Relating to
Parking Restrictions on 5 th St S (CR2010 -045)
The bid opening for the 5 St S reconstruction project was held on May 12, 2010. The low bid
was $891,127.06. The bid includes $173,830.66 to mill and overlay K -Tel Drive in Minnetonka.
Minnetonka is paying that expense. The Hopkins portion is $64,000 under engineer's final
estimate.
The total estimated project cost is $1,160,000. The Hopkins portion of this cost is $969,000.
The assessable amount is calculated based on 70% of the assessable roadway costs of
$618,360.95. The total amount to be assessed is $432,852.67.
Mr. Bradford reviewed the schedule.
The Council discussed the portions of the bid that would be paid for by Minnetonka. Staff is
still working on a contract with Minnetonka that will outline the project payment. The Council
also discussed the water service for the businesses, asking staff to check the services to make
sure they are in good condition; and parking and access to businesses during construction;
and how staff would keep the businesses updated on the project.
Council Member Brausen moved and Council Member Youakim seconded a motion to adopt
Resolution 2010 -022, Accepting Bid for 5 St S Reconstruction Project. A poll of the vote was
as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member
Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
Council Member Brausen moved and Council Member Rowan seconded a motion to adopt
Resolution 2010 -023, Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment. A poll of the vote was as follows: Council Member Youakim, aye; Council
Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor
Maxwell, aye. The motion carried unanimously.
Council Member Youakim moved and Council Member Halverson seconded a motion to adopt
Resolution 2010 -024, Resolution for Hearing on Proposed Assessments, 5 St S
Reconstruction Project, City Project 08 -07. A poll of the vote was as follows: Council Member
Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member
Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
Council Member Halverson moved and Council Member Rowan seconded a motion to adopt
Resolution 2010 -025, Relating to Parking Restrictions on 5 St S. A poll of the vote was as
follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member
May18, 2010 City Council Meeting Minutes Page 2
Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
2. Approve Loan Agreement Between City of Hopkins and Hopkins Area Little League
(CR2010 -044)
The project includes the construction of two fenced batting cages between field #2 and #3 and
two fenced pitching mounds just outside the outfield fence of field #2. The total project cost is
$30,000. The City would pay $3,000 plus give a five -year loan of $15,000 to the Hopkins Area
Little League. Money would come from Park Dedication Funds. The Hopkins Park Board has
approved providing funding assistance to the Little League for this project.
Staff agreed to notify residents that the fences would be installed.
Council Member Halverson moved and Council Member Rowan seconded a motion to
authorize City Staff to sign a $15,000 loan agreement with Hopkins Area Little League plus
approve a $3,000 City Contribution to finance the construction of two batting cages and
practice pitching mounds. A poll of the vote was as follows: Council Member Youakim, aye;
Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye;
Mayor Maxwell, aye. The motion carried unanimously.
3. Approve Ordinance 2010 -1020, Amendments to Section 115, Tobacco Compliance
(CR2010 -042)
The Police Department uses minors to do Tobacco Compliance Checks. This past year, a
compliance check was done at Holiday. The clerk asked the minor for an ID. She said that
she did not have one. He sold the cigarettes to her.
Holiday asked for a hearing based on the language of the ordinance; "All minors lawfully
engaged in a compliance check shall answer all questions about the minor's age asked by the
licensee, agent or employee and shall produce identification, if any exists, for which the minor
is asked.
The City prevailed, but the City Attorney suggested that the wording "if any exists" should be
replaced with "if in the minor's immediate possession ".
Council Member Brausen moved and Council Member Halverson seconded a motion to
approve Ordinance 2010 -1020 for first reading. A poll of the vote was as follows: Council
Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council
Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
May18, 2010 City Council Meeting Minutes Page 3
4. Approve Ordinance 2010 - 1019, First Reading, Amendments to Section 600, Food
Code Compliance (CR2010 -041)
During the process of amending Section 600 to add Mobile Food Vendors, staff determined
that other changes were necessary. Also, in the process of renewing the delegation
agreement with the Minnesota Department of Health, the Department reviewed our ordinances
and made suggestions for changes.
Mr. Genellie explained the changes to the ordinance.
The City Council discussed the differences between the Special Event License and the
Temporary Food License and asked Mr. Genellie to check with St. Louis Park and Minnetonka
to find out what type of license those cities issue to Cub for their hot dog trailer.
Council Member Brausen moved and Council Member Youakim seconded a motion to approve
Ordinance 20 -1019 for first reading. A poll of the vote was as follows: Council Member
Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member
Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
5. Approve Ordinance 2010 -1018, First Reading. Amending Section 610 — Swimming
Pool Code (CR2010 -041)
The Minnesota Department of Health modified the definition of a "Public Pool" in 2008 and
incorporated some new Minnesota Rules into the State Swimming Pool Code. Because the
City entered into the new MDH Delegation Agreement, they have asked the City to amend our
Pool Ordinance to be in line with the current Minnesota Swimming Pool Code.
Mr. Kearney explained the changes.
Council Member Rowan moved and Council Member Halverson seconded a motion to approve
Ordinance 2010 -1018 for first reading. A poll of the vote was as follows: Council Member
Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member
Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
Nick Taylor, Boy Scout Troup 123, attended the meeting.
May18, 2010 City Council Meeting Minutes Page 4
Peter Bosclair, Vice Chair of Depot Coffee House, appeared. Mr. Bosclair presented some
environmental programs to the Council. They included the Blue Star Recognition Program,
recognizes cites that excel in stormwater management; Green Step Cities, helps cities take
steps to become greener and save energy; and Minnesota GreenCorps, offers stipends and
grants for members:
V. ADJOURNMENT
There being no further business, Council Member Brausen moved and Council Member
Youakim seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 8:40 p.m.
Respectfully Submitted,
Terry Obermaier, City Clerk
COUNCIL MEMBERS
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ATTEST:
Eugene T Wxwell, Mayor
May18, 2010 City Council Meeting Minutes Page 5