07-10-2012 WSA regular meeting of the Hopkins City Council was held on July 10, 2012, in the Council
Chambers of the Hopkins City Hall.
Present were Mayor Maxwell, Council Members Cummings, Gadd, Halverson and Youakim.
Also, present were staff members Anderson, Elverum, Genellie, Harkess, Mornson, Specken and
City Attorney Jeremy Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:39 p.m.
II. REPORT
Aaron Kuznia of the Zoning and Planning Commission reported on the following items:
• The Daycare at 8353 Excelsior Boulevard.
The Zoning and Planning Commission listened to neighborhood concerns, discussed the traffic,
set backs, deliveries and pedestrian crossing at the location. The Commission voted to adopt
the item but would like Council to consider a traffic study for the site.
• Reviewed Zoning amendments for the Green Step Program.
III. PRESENTATION
Mid -Year Goal Review
Mr. Mornson presented the Mid -Year Goal Review to show Council that the city is on the right
path towards accomplishing goals and give credit to city staff for all that has been accomplished.
Mr. Mornson gave an overview of the Mission Statement, goals and status update of the goals,
upcoming events & projects, community engagement & satisfaction and an overview of
redevelopment opportunities.
IV. CONSENT AGENDA
1. Minutes of the June 19, 2012 Council Meeting
2. Minutes of the June 19, 2012 Work Session Following the Council Meeting
3. Appoint Election Judges for 2012 (CR 2012-071)
4. Approve Resolution to Renew 5 -Year Contract for Chemical Assessment Team (CR 2012-
067)
5. Approve Temporary Liquor License for Hopkins Elks Lodge (CR 2012-070)
6. Ratify Checks for the Month of June (Memo)
7. Approve Abbey Bryduck and Caroline Rinker to the Park Board Commission
Chief Specken updated Council on the Contract Extension for the Chemical Assessment Team.
The Chemical Assessment team is one of eleven teams in the state and covers six counties. The
team has 17 members and is one of the busier teams in the state, responding to 6-8 calls a year.
Council Member Halverson moved and Council Member Gadd seconded a motion to approve
the Consent Agenda. A poll of the vote was as follows: Council Member Cummings, aye;
Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye;
Mayor Maxwell, aye. The motion carried unanimously.
V. PUBLIC HEARING
1. Public Hearing on Issuance of CIP Bonds and CIP Plan. Adopt Resolution Giving
Preliminary Approval to Issue CIP Bonds. Approve CIP Plan (CR 2012-074)
Ms. Harkess gave an overview of the Public Hearing on Issuance of CIP Bonds and CIP Plan.
Ms. Kvilvang of Ehlers & Associates gave an overview on refinancing of Public Projects Lease
Revenue Bonds. Ehlers & Associates is recommending moving forward with an advance
refunding on the bond issue due to the very favorable interest rates within the market. In
addition, Ehlers is recommending refunding these bonds as general obligation bonds to further
reduce interest costs, thus increase savings to the City.
There was much discussion by Council about the bond timeline, significant savings for the City
and the frequency of reviewing the bonds.
Mayor Maxwell opened the public hearing at 8:05 pm. There were no comments.
Council Member Youakim moved and Council Member Halverson seconded a motion to close
the public hearing. A poll of the vote was as follows: Council Member Cummings, aye; Council
Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor
Maxwell, aye. The public hearing was closed at 8:05 pm.
Council Member Youakim moved and Council Member Cummings seconded a motion to
approve Resolution 2012-045 adopting a capital improvement plan and providing preliminary
approval for the issuance of bonds. A poll of the vote was as follows: Council Member
Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member
Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. NEW BUSINESS
1. Conditional Use Permit — Daycare 8353 Excelsior Boulevard (CR 2012-068)
Ms. Anderson gave an overview of the Conditional Use Permit for a Daycare at 8353 Excelsior
Boulevard. The Zoning, & Planning Commission was concerned about traffic and added the
condition that a traffic study be completed. The cost of a traffic study is $3,000-5,000 and is paid
for by the applicant.
There was discussion by Council about the traffic counts and other information the study may
reveal.
Rachel Sampong, representing the applicants, addressed the Council about the Daycare that will
provide care for children for parents working non -typical hours. Ms. Sampong addressed the
issues of traffic and parking. The daycare will utilize minivans to pick up children to minimize
traffic. No pedestrian traffic will be allowed. The site has parking for 21 vehicles with the
possibility to remove trees to add 3 more spots. The daycare will serve 46 children but not all of
the children will be at the Daycare at the same time. The Daycare has contracted with Blake
School to use their playground for outdoor time. The children will be transported in vans to the
Blake School playground.
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Frances Davis, consultant for the applicants, addressed the Council. Ms. Davis stated that the
Daycare needs the Conditional Use Permit in order to obtain a license from the Department .of
Human Services. Ms. Davis stated that this type of Daycare is something the community needs.
There was much discussion by Council about property improvements, fencing, staff parking,
ages and numbers of children, sprinkler system requirements, van transportation, parking spot
requirements and B1 zoning guidelines. Council directed staff to investigate the sprinkler system
requirements.
Ms. Davis stated that the inside improvements to the property will be primarily cosmetic and for
handicap requirements. Ms. Davis reviewed maximum capacity of 46 children, drop off times,
van transportation, and teacher -child ratio requirements.
Ms. Anderson advised Council about state regulations and city building inspections.
Mr. Steiner advised the Council regarding Conditional Use Permit Requirements.
The following residents addressed the Council:
Virgil Aarnes, 16 Ashley Road, came forward to comment on parking, outdoor playground use,
traffic and location for this type of business. Mr. Aarnes asked Council to add conditions to the
Conditional Use Permit.
Amy Lauer, 42 Ashley Road, came forward to comment on school transportation, few sidewalks
in the area, traffic on Excelsior Boulevard, concern for the business abutting a neighborhood and
location for this type of business.
Gretchen Marble, 1313 Boyce Street, came forward to comment on the outdoor space and
playground use to be a part of the conditions to the Conditional Use Permit.
Alice Skahan, 15 Maple Hill Road, came forward to comment on the traffic study and concern
about added traffic to the neighborhood.
Aaron Kunzia, 20 Ashley Road, came forward to comment on the traffic study, bus turn -around,
conditions would stay with the Conditional Use Permit for the property and a missing "No Left
Turn" sign off of Blake Road and Boyce Street.
Ms. McConnell, 35 Ashley Road, came forward to comment on noise, fencing and that noise
times should be part of the conditions.
Bob Hatelstad, 100 Homedale Road, came forward to comment on the late hours of operation
next to residential, traffic, capacity and that other spaces are better suited for this type of
business.
There was much discussion by Council regarding the proposal, neighborhood concerns,
conditions of the Conditional Use Permit, traffic study, noise, hours of operation and building
codes.
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Mr. Steiner advised the Council that they are entitled to make the Conditional Use Permit subject
to reasonable conditions.
The Council discussed the following conditions:
• Two vans for pick up and drop off of children
• Fencing on the South side of property
• Limit outside hours of noise
• Play Structure and times to be off-site
• No additional outside lighting to interfere with neighborhood
• Traffic Study
Mr. Steiner advised the Council that additional conditions may need to be added based on the
traffic study.
There was Council discussion about the conditions and the goal to protect the neighborhood and
help the business be successful. The matter will have to be continued until the completion of the
traffic study. Ms. Anderson will contact the Traffic Consultant and issue a letter to the applicant
to extend the application. The applicant may expect to be back before Council in August.
Council Member Youakim moved and Council Member Halverson seconded a motion to
Continue and Require a Traffic Study and have Staff Work on the Findings of Fact for the
Conditions of Use for Final Recommendations for Daycare 8353 Excelsior Boulevard. A poll of
the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council
Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion
carried unanimously.
2. Zoning Amendments for Section 515.03 Intent and Purpose (CR 2012-069)
Ms. Anderson and Mr. Morrison addressed Council regarding the Minnesota Green Step Cities
Zoning Ordinance. Staff is recommending approval to the changes in the language and no one
appeared at the public hearing.
Council Member Gadd moved and Council Member Halverson seconded a motion to adopt
Resolution 12-43, approving Ordinance 12-1050, amending the intent and purpose of the zoning
ordinance for first reading. A poll of the vote was as follows: Council Member Cummings, aye;
Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye;
Mayor Maxwell, aye. The motion carried unanimously.
3. Approve Ordinance 2012-1051, Renewing Cable Franchise for Comcast, for First Reading
(CR 2012-072)
Mr. Genellie addressed the Council regarding renewing the cable franchise for Comcast in the
City of Hopkins. The Southwest Suburban Cable Commission recommends that the member
cities adopt the franchise ordinance.
Mr. Brian Grogan, attorney with Moss & Barnett, representing the Southwest Suburban Cable
Commission gave an overview of the history of the process, cable commission objectives and
new franchise agreement. Mr. Grogan reviewed the terms of the agreement, franchise fees and
cable channels.
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Mr. Genellie addressed the Council regarding playback programming; monies will be used to
offset expenses to upgrade Council meeting broadcasts and Federal Laws regarding cable fees.
There was much discussion by Council regarding current subscribers, best way to utilize the
channels and dedicating one channel to Education. Staff is not aware of any concerns from other
cities and will discuss the Education Channel with the school district.
Mr. Steiner, City Attorney, did review the Ordinance.
Council Member Halverson moved and Council Member Gadd seconded a motion to Approve
Ordinance 2012-1051, Renewing Cable Franchise for Comcast, for First Reading. A poll of the
vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council
Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion
carried unanimously.
4. Approve Ordinance 2012-1052, repealing Ordinance 99-792, cable regulatory ordinance, for
first reading (CR 2012-073)
Mr. Genellie addressed the Council regarding repealing the Ordinance that will result in one
governing document addressing cable regulations.
Council Member Cummings moved and Council Member Halverson seconded a motion to
Approve Ordinance 2012-1052, repealing Ordinance 99-792, cable regulatory ordinance, for first
reading. A poll of the vote was as follows: Council Member Cummings, aye; Council Member
Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell,
aye. The motion carried unanimously.
5. Approve Resolution 2012-046, declaring the Official Intent of the City of Hopkins to
Reimburse Certain Expenditures from General Obligation Improvement Bond Proceeds to be
issued by the City of Hopkins (CR 2012-075)
Ms. Harkess addressed the Council regarding the expenditures of the water meter replacement
project. This motion will allow the City to include the 2012-2013 water meter replacement
project with the improvement bonds scheduled to be sold in August 2012 to replenish the cash
reserves of the water fund. There are approximately 800 water meters left to replace. Residents
are not charged for water meter replacement.
Council Member Youakim moved and Council Member Cummings seconded a motion to
Approve Resolution 2012-046, declaring the Official Intent of the City of Hopkins to Reimburse
Certain Expenditures from General Obligation Improvement Bond Proceeds to be issued by the
City of Hopkins. A poll of the vote was as follows: Council Member Cummings, aye; Council
Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor
Maxwell, aye. The motion carried unanimously.
Other:
Raspberry Festival July 7-15, 2012
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VII. ADJOURNMENT
There being no further business, Council Member Halverson moved and Council Member Gadd
seconded a motion to adjourn the meeting. The meeting was adjourned at 10:19 p.m.
OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS
There were no comments.
Respectfully Submitted,
Debbie Vold
ATTEST:
Eugene J. Maxwell, Mayor
A