06-15-2010 A regular meeting of the Hopkins City Council was held on June 15, 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,
and City Attorney Jerry Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:35 p.m.
II. OPEN AGENDA PUBLIC COMMENTS AND CONCERNS
There were none.
III. OATH OF OFFICE
1. Police Reserves
2. Kyle Skiermont to the Park Board
3. Aaron Kuznia to the Zoning and Planning Commission
4. Doug Datta to the Zoning and Planning Commission
5. Andrea Kloehn Naef to the Zoning and Planning Commission
Acting Police Chief Tony Hanlin called the Police Reserve Officers up. The Officers gave the
oath of office. Family members pinned their badges. The oath of office was administered to
Mr. Skiermont for the Park Board and then to Mr. Datta and Ms. Kloehn Naef for the Zoning
and Planning Commission.
IV. CONSENT AGENDA
1. Minutes of the June 1, 2010 City Council Meeting
2. Minutes of the June 1, 2010 City Council Work Session
3. Minutes of the June 8, 2010 City Council Work Session
4. Approve Miscellaneous Licenses (Memo)
5. Approve Sergeant's Contract (CR2010 -053)
6. Appoint Election Judges for 2010 State Primary (CR2010 -057
7. Approve the Referral of Ordinance 2010 -1021 to the Zoning and Planning
Commission (Memo)
8. Approve Second Reading of Ordinance 2010 -1022, Rezoning 7900 Excelsior
Boulevard from 1 -2, General Industrial, to Business Park (Memo)
Council Member Rowan moved and Council Member Brausen 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.
V. PUBLIC HEARING
June 15, 2010 City Council Meeting Minutes Page 1
1. Adopt Assessment Roll and Award of Bid for 5 St S Reconstruction Project, City
Project 08 -07 (CR2010 -055)
The bid opening for the 5th St S reconstruction project was held on May 12, 2010. The low bid
was $891,127.06. This amount includes $173,830.66 of City of Minnetonka expense to mill
and overlay K -Tel Dr. The assessment hearing was ordered at the May 18, 2010 City Council
Meeting. The assessment hearing begins the process of levying of assessments against
benefiting properties. A notice of the Hearing was published and mailed to all affected
property owners. No written objections contesting the proposed assessments have been
submitted.
Mr. Bradford reviewed the appeal procedure, appeals received, project costs and
assessments, bid tabulation, agreement with Minnetonka, and the project schedule.
The total cost of the project is $1,600,000 with $432,852.67 being assessed against the
properties. The assessment is set at $114.25 per front -foot. This is 38% less than original
estimates. Staff recommended an interest rate of 5% over 15 years.
A joint powers agreement is being negotiated with the City of Minnetonka on the payment of
their portion for K -Tel Dr. The City Attorney is working with staff to draft the agreement.
Mayor Maxwell opened the public hearing at 7:50 p.m.
Dan Murphy, Finn Holdings, 1515 5 St S, questioned how assessments were assigned.
There are several owners at 1515 5 St S and not all units are of equal size, but the
assessment would assign an equal amount to each of them.
Mr. Bradford explained that in the past with similar situations, the assessment was made
against the association and the association determined how much each member paid. The
City could use this method in this situation. In that case, the City Council would adopt the
assessment roll without the properties at 1515 5 St S. A new hearing would be scheduled for
those properties.
Council Member Brausen moved and Council Member Rowan seconded a motion to close the
public hearing. The public hearing was closed by unanimous consent at 8:04 p.m.
Council Member Rowan moved and Council Member Brausen seconded a motion to adopt
Resolution 2010 -029, Resolution Adopting the Assessment Roll, 5 th St S Reconstruction
Project, City Project 08 -07, with the removal of those properties at 1515 5 St S and ordered a
Public hearing to be held on those properties on July 20, 2010; and adopt Resolution 2010-
030, Resolution for Award of Bid, 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.
VI. NEW BUSINESS
June 15, 2010 City Council Meeting Minutes Page 2
1. Approve Final Plans /Order Bids, 2 nd St N Sanitary Sewer Improvements, Lift Station
#1, City Project 04 -13 (CR2010 -054)
The 2007 Comprehensive Utility Plan identifies the replacement of Lift Station 1 at 2 St N and
21 Ave N to be abandoned and replaced with a gravity sewer to a trunk line in Shady Oak Rd
owned by the City of Minnetonka. The existing Lift Station is obsolete and in need of
replacement. The plans and specifications are complete. Staff is working on an agreement
with the City of Minnetonka to determine how charges will be assessed. Before the agreement
can be completed, Minnetonka wants Hopkins to telescope all of the affected sewer lines.
Sarah Rippke, Bolten and Menk, reviewed the plans and specifications. Mayor Maxwell asked
if the whole street would be resurfaced or just the part that was excavated. Mr. Bradford
answered that it was not in the plans. After discussion, the City Council concurred that the
project should include the mill and overlay of the unaffected portion.
Shady Oak Rd is now scheduled to be reconstructed in 2014. Mr. Bradford stated that this
project could not be delayed until that project.
Mr. Bradford reviewed the schedule. The completion of the project will be determined by the
amount of rain we get. The soils are wet. Dry weather is needed for completion
Council Member Brausen moved and Council Member Youakim seconded a motion to adopt
Resolution 2010 -031, Resolution Accepting Plans and Specifications and Authorizing Ad for
Bid, 2n St N Sanitary Sewer Improvements, Project 04 -13. 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.
2. Approve First Reading of Ordinance 2010 -1023, Revision Regarding Off-
Sale Liquor Hours (CR2010 -054)
The City has been approached by several off -sale liquor licensees regarding changing the
closing time for off -sale liquor sales. Currently, off -sale liquor establishments must close by
8:00 p.m., Monday through Thursday and 10:00 p.m. on Friday and Saturday. State law
allows off -sale liquor establishments to remain open until 10:00 p.m., Monday through
Saturday. This ordinance would change the closing time from 8:00 p.m. on Monday through
Thursday to 9:00 p.m.
Council Member Youakim moved and Council Member Brausen seconded a motion to approve
Ordinance 2010 -1023 for first reading. A poll of the vote was as follows: Council Member
Youakim, aye, Council Member Brausen, aye; Council Member Rowan, nay; Council Member
Halverson, aye; Mayor Maxwell, nay. The motion carried.
VII. ADJOURNMENT
There being no further business, Council Member Halverson moved and Council Member
Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 8 :30 p.m.
June 15, 2010 City Council Meeting Minutes Page 3
Respectfully Submitted,
Terry Obermaier, City Clerk
COUNCIL MEMBERS
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ATTEST:
Eugene J. Max 1, - Mayor
June 15, 2010 City Council Meeting Minutes Page 4