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02-15-2011A regular meeting of the Hopkins City Council was held on February 15, 2011, 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, Anderson, Beard, Elverum, Genellie, Harkess, Reynolds, Stadler, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:31 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were no comments. III. PRESENTATIONS 1. Police Department 2010 Annual Report Chief Reynolds presented the 2010 Annual Report to the City Council. He was pleased to report that violent crimes were down from 2009 as was the overall crime rate. 2. Presentation by State Senator Ron Latz and State Representative Steve Simon. Both Senator Latz and Representative Simon spoke about the challenge facing the legislature in balancing the 2012-2013 budget. The City Council urged both legislators to work to continue funding for the Southwest Light Rail Transit project. IV. CONSENT AGENDA 1. Minutes of the February 1, 2011 City Council Meeting 2. Minutes of the February 1, 2011 Work Session after the City Council Meeting 3. Minutes of the February 8, 2011 Work Session 4. Adopt Resolution 2011-009, Authorizing the City of Hopkins to Enter into a License Agreement with Hennepin County for the use of its Geographical Digitized Data; (CR2011-013) Council Member Brausen 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 Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 1 V. PUBLIC HEARING 1. 2011 CDBG (Community Development Block Grant) Funding Allocation and Requests Tara Beard, Community Development Coordinator, explained how the City plans to allocate CDBG funds for 2011. As a participating city in the Urban Hennepin County CDBG program, Hopkins is eligible to receive $122,518 in CDBG funds for the 2011 program year. CDBG funds may be used to support a variety of housing and community development activities. The intent of the program is to fund primarily "bricks and mortar" projects. Only 15% of the funds can be used to fund social service agencies. Staff is recommending that the City fund the following activities with 2011 CDBG funds: • Housing Rehabilitation Loan/Grant Program • Resource West • Intercongregation Communities Association (ICA) • HOME Line HOME Line is the only new recipient. The City is currently referring a good number of people to this agency. Mayor Maxwell opened the public hearing at 8:27 p.m. No one spoke at the public hearing. Council Member Brausen moved and Council Member Rowan seconded a motion to close the public hearing. 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 public hearing was closed at 8:28 p.m. Council Member Rowan moved and Council Member Youakim seconded a motion to adopt Resolution number 2011-007 approving the proposed program for the 2011 Urban Hennepin County Community Development Block Grant (CDBG) Program and authorizing its submittal to Hennepin County. 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 1. Adopt Resolution 1 1-08, Approving Interim Ordinance — Mixed Use (CR201 1- 012) In 2010 the City of Hopkins adopted the 2010-30 Comprehensive Plan, A new land use designation of Mixed Use was identified on the land use plan. The staff and Planning Commission have been reviewing a proposed ordinance for the past year. There is a concern that before the new ordinance is adopted and properties rezoned, a development could be proposed in the area that was counter to the mixed use designation. As a result 2 of this concern, a moratorium is being recommended to be placed on site plan approvals for all properties designated mixed use in the 2010-30 Comprehensive Plan. The moratorium is for one year and can be extended an additional six months. Larry Pobuda, representing the owners of the Hopkins Cold Storage facility at 325 Blake Road N, came forward to speak against the moratorium. He said that, while the owners continue to look for opportunities to redevelop the site, the current economic conditions make any redevelopment difficult. The owners would like to expand the current building to attract new tenants. The City Attorney said that if the Council imposes the moratorium, the current use could continue but could not expand. He also said that at some point the Council needs to change the zoning to mixed use to match the comp plan. Whenever that happens, the current industrial use could continue but no expansion could take place. The City Council made it clear that the current industrial use of this site does not fit with the long term plans for the Blake Road area. However, due to the uncertainty of the economy, they were reluctant to prevent the current owners from improving their building. Mr. Pobuda said that the owners remain committed to ultimately redeveloping the site. Council Member Rowan moved and Council Member Youakim seconded a motion to not consider Resolution 11-08 and to continue the matter indefinitely. 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 Stages Theatre Company Lease Agreement for the Hopkins Center for the Arts (CR2011-011) City Council Member Rowan recused himself from this issue. Jay Strachota explained that the current lease expires in October of 2012. He said that the City and Stages Theatre had worked during the last year to draft a new lease which will take affect in November 2012. This lease continues to provide the Arts Center with an established successful tenant who is a proven partner with the city and community. The lease provides the flexibility needed to further develop relationships with community groups, individuals, and business users, to utilize the facility in a way that showcases the Arts Center as a community focal point, while sustaining the financial integrity of the facility. As a result of this lease, community members are able to conveniently take advantage of Stages Theatre Company's performances and educational opportunities at the Arts Center. Stages presents 6-8 performance runs per year as well as offering acting conservatories, summer and winter theater workshops, and special events. The use of the Art Center for these types of activities has grown over the past 13 + years and continues to grow. The new lease has been approved by the Board of Directors of Stages. tI In regards to space and time rights, a number of changes were negotiated to more accurately reflect the recent history of usage by Stages in the spaces of the Hopkins Center for the Arts. In regards to the lease payment amount, the lease payment in the new lease continues to increase from where it ends in the previous lease. The new lease payment multiplier, (the percentage by which the lease payment increases each year) is 3% per year, whereas it was 4% in the previous lease. John Montilino, Stages Managing Director, and Dave Mahler, Stages Board member, came forward to answer questions and speak in favor of the new lease. Council Member Brausen moved and Council Member Halverson seconded a motion to approve the lease agreement between Stages Theatre Company and the City of Hopkins for the leasing of the Hopkins Center for the Arts. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. 3. Fourth Quarter 2010 Financial and Investment Report; Harkess (Memorandum) Finance Director Christine Harkess reviewed the 2010 fourth quarter financials. VII. ADJOURNMENT There being no further business, Council Member Youakim moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:59 p.m. Respectfully Submitted, Jim Genellie, Assistant City Manager ATTEST: Eugen J. Kfaxwell, Mayor 0