City Council

HOPKINS CITY COUNCIL AGENDA Monday, November 14, 2022 6:30 pm THIS AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING I. CALL TO ORDER II. ADOPT AGENDA III. PRESENTATIONS 1. Minneapolis Regional Chamber Advocacy Work Presentation; Hanna Zinn 2. Small Business Saturday/Holiday in Hopkins Proclamation; Hanlon IV. CONSENT AGENDA 1. Minutes of the November 1, 2022 Regular Meeting Proceedings 2. Set Special Meeting for December 6, 2022; Domeier 3. Second Reading: Ordinance Vacating Easements over Lots 2 and 3, Block 1, Hopkins Commerce Center Addition (The Hallon); Krzos 4. Resolution Supporting the Hennepin County Transit Oriented Development Funding for the Vista 44 Project; Youngquist V. PUBLIC HEARINGS VI. OLD BUSINESS 1. Authorize Spending of American Rescue Plan Act (ARPA) Funds; Bishop VII. NEW BUSINESS 1. Planning & Zoning Commission 2023 Annual Work Plan; Krzos 2. Park Board 2023 Annual Work Plan; Imihy Bean VIII. PUBLIC COMMENT IX. ANNOUNCEMENTS  Truth in Taxation Meeting: Wednesday, November 30 at 6:30 p.m.  Next City Council Regular Meeting: Tuesday, December 6 at 6:30 p.m. X. ADJOURN  Administration CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members From: Mike Mornson, City Manager Date: November 14, 2022 Subject: Minneapolis Regional Chamber Advocacy Work Presentation _____________________________________________________________________ Hanna Zinn, Public Policy Manager for the Minneapolis Regional Chamber will provide a presentation on the Chamber’s advocacy work in the West Metro.  Planning and Economic Development CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Jan Youngquist, Community Development Coordinator Date: November 14, 2022 Subject: Small Business Saturday/Holiday in Hopkins Proclamation _____________________________________________________________________ Small businesses are the lifeblood of Hopkins and have a significant impact on not only the local economy, but also play an important role in giving back to the community. In recognition of the importance of the small business community, the City of Hopkins is partnering with Hennepin County and the Hennepin County Housing and Redevelopment Authority to launch a Love Local campaign that encourages residents to support local businesses. The campaign will include social media posts, window clings and other promotional materials. The Small Business Administration as well as advocacy groups and other organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday as a way of highlighting the importance of supporting local businesses. The Hopkins Business and Civic Association has hosted Holiday in Hopkins on Small Business Saturday since 2009 as way to promote Hopkins businesses, draw people downtown, and kick off a festive holiday season. This year’s Holiday in Hopkins celebration will include horse drawn carriage rides on Mainstreet, cocoa with a cop, a gingerbread house contest, ornament making, live music, and other fun activities. As a way to express the City’s appreciation for our local small businesses and recognize the significant impact they have on our community, staff is recommending that the Mayor and City Council proclaim Saturday, November 26 as Small Business Saturday and Holiday in Hopkins.  A Proclamation Declaring November 26 as Small Business Saturday and Holiday in Hopkins WHEREAS, the City of Hopkins celebrates our local small businesses and the contributions they make to the local economy and community; and WHEREAS, for many local residents the Thanksgiving holiday kicks off a season of gathering, dining, shopping, and experiencing arts and culture, and consumers know that supporting small, independently-owned businesses have positive social, economic, and environmental impacts; and WHEREAS, the City of Hopkins has partnered with Hennepin County and the Hennepin County Housing and Redevelopment Authority to launch the multijurisdictional Love Local campaign which encourages residents to support local businesses that create jobs, boost the local economy, and make our communities vibrant and livable; and WHEREAS, the Small Business Administration as well other public and private organizations across the county have endorsed the Saturday after Thanksgiving as Small Business Saturday; and WHEREAS, since 2009, the Hopkins Business and Civic Association has hosted Holiday in Hopkins to celebrate Small Business Saturday, promote Hopkins businesses, and kick off a festive holiday season. NOW THEREFORE, I, Patrick Hanlon, Mayor of the City of Hopkins along with my fellow Council Members, do hereby proclaim November 26, 2022, as Small Business Saturday and Holiday in Hopkins and urge the residents of our community to support small businesses and merchants on Small Business Saturday and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Hopkins, Minnesota to be affixed this 14th day of November in the year 2022. __________________________________________ Patrick Hanlon, Mayor  HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 1, 2022 CALL TO ORDER Pursuant to due call and notice thereof a regular meeting of the Hopkins City Council was held on Tuesday, November 1, 2022 at 6:33 p.m. in the Council Chambers at City Hall, 1010 1st Street South. Mayor Pro Tempore Hunke called the meeting to order with Council Members Balan, Beck and Garrido attending. Mayor Hanlon was absent. Others attending included City Manager Mornson City Clerk Domeier, Assistant City Manager Lenz, Housing Manager Mohammed, Planner Howard, City Planner Krzos, Director of Public Works Stanley, Finance Director Bishop, City Engineer Klingbeil and City Attorney Riggs. ADOPT AGENDA Motion by Beck. Second by Balan. Motion to Adopt the Agenda. Ayes: Balan, Beck Garrido, Hunke Nays: None. Absent: Hanlon. Motion carried. CONSENT AGENDA Motion by Garrido. Second by Balan. Motion to Approve the Consent Agenda. 1. Minutes of the October 18, 2022 Regular Meeting Proceedings 2. Approval of On-Sale on Public Premise Liquor License for Cream and Amber; Domeier 3. Ratify Checks Issued in October 2022; Bishop 4. Resolutions Approving Water, Sanitary Sewer, Refuse Collection, Recycling, Organic Recycling and Parking Rates Effective January 1, 2023; Bishop 5. Resolutions Approving Special Assessments for Diseased Tree Removal and Exterior Building Repairs on Private Property; Bishop Ayes: Balan, Beck Garrido, Hanlon, Hunke Nays: None. Absent: Hanlon. Motion carried. PUBLIC HEARING V.1. Public Improvement Hearing: 2023 Street and Utility Improvements, City Project 2022-10; Klingbeil City Engineer Klingbeil and Nick Amatuccio with Bolton and Menk summarized Council Report 2022-092. The City Council was required to conduct a public hearing and determine authorization of the project. The notices and assessment statements were mailed to all affected property owners. Mayor Pro Tempore Hunke opened the Public Hearing.  HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 1, 2022 th Luke Slindee, 130 8 Avenue North, questioned if the City considers the pros and cons of funding the projects specifically related to assessing only the property owners near the project. Motion by Balan. Second by Beck. Motion to Close the Public Hearing. Ayes: Balan, Beck, Garrido, Hunke Nays: None. Absent: Hanlon. Motion carried. Mayor Pro Tempore Hunke encouraged Mr. Slindee to reach out to City Engineer Klingbeil with his questions. Motion by Garrido. Second by Balan. Motion to adopt Resolution 2022-065, Resolution Ordering Improvement, 2023 Street and Utility Improvements and companion Resolution 2022-072, stating the City’s intent to reimburse itself using bonds. This action continues an assessable project for street and utility improvements. Ayes: Balan, Beck, Garrido, Hunke Nays: None. Absent: Hanlon. Motion carried. V.2. First Reading: Ordinance Vacating Easements over Lots 2 and 3, Block 1, Hopkins Commerce Center Addition (The Hallon); Krzos City Planner Krzos summarized Council Report 2022-101. A vacation of the easement is necessary as a result of property redevelopment. Mayor Pro Tempore Hunke opened the Public Hearing. Motion by Beck. Second by Balan. Motion to Close the Public Hearing. Ayes: Balan, Beck, Garrido, Hunke Nays: None. Absent: Hanlon. Motion carried. Motion by Balan. Second by Beck. Motion to adopt Resolution 2022-073, approving the first reading of Ordinance 2022-1185 vacating easements over Lots 2 and 3, Block 1, Hopkins Commerce Center Addition. Ayes: Balan, Beck, Garrido, Hunke Nays: None. Absent: Hanlon. Motion carried.  HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 1, 2022 NEW BUSINESS VII.1. Resolution Approving Conditional Use Permit application for 513 7 th Avenue South to be used for short-term rental; Howard Planner Howard summarized Council Report 2022-099. Yevgeniy Ogranovich and Anna Ovsyannikova submitted an application for a conditional use permit to allow short-term rental of their property located at 513 7th Ave S. Council Member Beck questioned the number of short term rentals in Hopkins. Planner Howard stated that the City has not previously issued any permits; however, they are aware of three other properties operating this way. Council Member Beck questioned the number of rentals allowed per year. Mr. Howard stated there are no restrictions on the number of rental days but if a stay is over 30 days they need to obtain a rental license. Council Member Balan questioned if staff would be checking on the other short term rentals we have been made aware of. Mr. Howard stated staff would follow the code enforcement process to gain compliance. Yevgeniy Ogranovich and Anna Ovsyannikova shared their plans for the short term rental. Tim Johanneck, 901 11th Avenue South, shared his concerns about issuing the CUP. Council Member Beck suggested the action be continued for further discussion to talk about the number of rentals allowed per month. City Manager Mornson stated that staff could do additional research on how other cities are handling short term rentals. Planner Howard explained the 60-day rule for the application review. The applicants addressed the City Council again about their business plan and wanting to keep the process moving along. City Attorney Riggs recommended the item should be continued if conditions were going to be added. He didn’t favor altering conditions on the spot. The City Council wanted to have further discussions about conditions for future asks. Motion by Balan. Second by Garrido. Motion to adopt Resolution 2022-071, approving the Conditional Use Permit application for 513 7th Avenue South to be used for short-term rental, subject to conditions. Ayes: Balan, Garrido, Hunke Nays: Beck. Absent: Hanlon. Motion carried. VII.2. Concept Plan Review: 102 and 106 11th Avenue South; Krzos City Engineer Krzos summarized Council Report 2022-099. The applicant requests feedback on the proposals so they can work toward preparing a future, formal submittal. Any comments provided by the City Council or Planning & Zoning Commission shall be for guidance only and shall not be considered binding upon the City regarding any future, formal application.  HOPKINS CITY COUNCIL REGULAR MEETING PROCEEDINGS NOVEMBER 1, 2022 The applicants provided more information about the proposed project. They are currently at 80% AMI on the units. Council Member Beck confirmed that density and parking are the only standards that do not meet the current zoning code. Mr. Krzos explained how the density and parking could be remedied through the next process. Further discussion was held about the site layout, density, and parking related to the zoning code. The City Council generally supported the proposed plan with the following concerns: explore 80% AMI, traffic and parking study, historic value of the homes and the pedestrian features to reduce parking demands. ANNOUNCEMENTS Mayor Pro Tempore Hunke provided the upcoming meeting schedule. ADJOURNMENT There being no further business to come before the City Council and upon a motion by Balan, second by Beck, the meeting was unanimously adjourned at 8:12 p.m. Respectfully Submitted, Amy Domeier, City Clerk ATTEST: _____________________________ Brian Hunke, Mayor Pro Tempore _____________________________ Amy Domeier, City Clerk November 14, 2022 Council Report 2022-106 Set Special Meeting for December 6, 2022 Proposed Action Staff recommends adoption of the following motion: Move that the City Council set a Special Meeting for December 6, 2022 at 5:30 p.m. Overview Staff is requesting that a special meeting be held on December 6, 2022 at 5:30 p.m. in the Council Chambers at City Hall. The purpose of the special meeting is to consider a Request for Appeal for a Reasonable Accommodation request at 101 Oakwood Road Amy Domeier, City Clerk Financial Impact: $_________Budgeted: Y/N _N_ Source: ________________ Related Documents (CIP, ERP, etc.): ________________________________ Notes: _______________________________________________________________________  MEMO To: Honorable Mayor and City Council From: Ryan Krzos, City Planner Date: November 14, 2022 Subject: Hopkins Commerce Center Addition (The Hallon) Easement Vacation - Second reading of Ordinance 2022-1185 vacating easements over Lots 2 and 3, Block 1, Hopkins Commerce Center Addition. Proposed Action Staff recommends the City Council approve the following motion: • Move to adopt Resolution 2022-079, approving the second reading of Ordinance 2022-1185 vacating easements over Lots 2 and 3, Block 1, Hopkins Commerce Center Addition. Overview The petitioner, Brian Gammon of Kimley-Horn, on behalf of TF Hopkins LLC and TF Hopkins I, LLC, requests vacation of all or parts of four existing easements for trail, wall, utility, and drainage in favor of the City of Hopkins over Lots 2 and 3, Block 1, Hopkins Commerce Center Addition. Vacation of the easements is necessary as a result of the redevelopment of this property. Staff finds that there are existing easements that will remain to accommodate the City’s needs and there is no continuing public need for the subject easements or the portions thereof. Therefore, staff recommends the City Council approve this request. The City Council approved the first reading of this vacation ordinance on November 1, 2022. Should the City Council approve the second reading of this ordinance, the easements will be vacated to facilitate the redevelopment of the subject property. This property is expected to be re-platted in the future, at such time, new easements may be dedicated as needed. Supporting Documents • Resolution 2022-079 • Ordinance 2022-1169 (including exhibits of the proposed Vacated Easement Areas)  CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-079 A RESOLUTION ESTABLISHING FINDINGS AND APPROVING THE SECOND READING OF ORDINANCE 2022-1185 WHEREAS, on November 1, 2022, pursuant to a petition from Kimley-Horn and Associates, Inc., a North Carolina business corporation (“Petitioner”) on behalf of TF Hopkins, LLC and TF Hopkins I, LLC, both Minnesota limited liability companies, the Hopkins City Council held a duly noticed public hearing pursuant to Hopkins City Charter, section 12.06 regarding the proposed vacation of certain public easements that are more specifically described in Ordinance No. 2022-1185 (the “Easements”); and WHEREAS, also on November 1, 2022, the Hopkins City Council approved the first reading of Ordinance No. 2022-1185; and WHEREAS, the City Council hereby finds that upon the satisfaction of the condition contained in Ordinance 2022-1185, there is no continuing public need for the Easements and that, upon satisfaction of said condition, vacating the Easements is in the public interest. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins as follows: 1. That the above recitals are incorporated into this Resolution as findings as if fully set forth herein. 2. That the City Council hereby approves the second reading of Ordinance 2022-1185 and finds that said ordinance is in the public interest. 3. That pursuant to section 3.03 of the Hopkins City Charter and Minn. Stat. § 412.191, subd. 4, the City Clerk shall cause the following summary of Ordinance No. 2022-1185, which would clearly inform the public of the intent and effect of the ordinance, to be published in the official newspaper: The city council of the city of Hopkins has adopted Ordinance 2022-1185, An Ordinance Vacating Easements. The ordinance vacates the following public easements which encumber Lots 2 and 3, Block 1, Hopkins Commerce Center Addition (Hennepin County PIDs 1911721420045 and 1911721420046) that are on file with the Office of the Registrar of Titles for Hennepin County: the permanent easements for trail, wall, and drainage and utility purposes, as memorialized in Document No. T05552805; the permanent easements for wall and utility purposes, as memorialized in Document No. T3619606; a portion of drainage and utility easement dedicated in the plat of Hopkins Commerce Center Addition, Document No. T2321304; and a portion of the public sanitary sewer easement, as memorialized in Document No. T3277873. The full text of Ordinance 2022-1185 is available for inspection at Hopkins City Hall during regular business hours. 1 834836.v1  4. That the City Clerk shall keep a copy of the ordinance at city hall for public inspection and that a full copy of the ordinance be placed in a public location within the city. 5. That following the publication of the ordinance and the satisfaction of any and all conditions contained therein, the City Clerk shall execute a notice of completion related to these proceedings, present it to the Hennepin County auditor, and file it with the Hennepin County Registrar of Titles. 6. City staff and consultants are hereby authorized and directed to take any other actions deemed reasonable and necessary to carry out the intent of this Resolution. Dated: _______________________, 2022 ___________________________________ Patrick Hanlon, Mayor ATTEST: ____________________________________ Amy Domeier, City Clerk 2 834836.v1  CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2022-1185 ORDINANCE VACATING EASEMENTS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. Pursuant to a petition from Kimley-Horn and Associates, Inc., a North Carolina business corporation (“Petitioner”) on behalf of TF Hopkins, LLC and TF Hopkins I, LLC, both Minnesota limited liability companies, the public easements that are legally described on Exhibit A attached hereto and depicted on Exhibit B attached hereto are hereby vacated, subject to the following condition: (i) reimbursement to the City of all out-of-pocket costs the City incurs as it relates to processing the vacation contemplated herein. SECTION 2. The effective date of this ordinance shall be the date of publication, although the easement vacations approved herein shall not take effect until the aforementioned condition is satisfied, after which the city clerk shall execute, present, and have filed the requisite notice of completion related to these proceedings. First Reading: November 1, 2022 Second Reading: November 14, 2022 Date of Publication: November 24, 2022 Date Ordinance Takes Effect: November 24, 2022 By: ____________________________ Patrick Hanlon, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk 1 834791.v1  EXHIBIT A The permanent easements for trail, wall, drainage and utility purposes, as memorialized in Document Nos. T05552805, T05550686, and T05526087, as previously filed with the Office of the Registrar of Titles, Hennepin County, Minnesota, and which are legally described as follows: A permanent easement for trail, wall, and utility purposes, over, under, and across that part of Lot 3, Block 1, HOPKINS COMMERCE CENTER ADDITION, except that part thereof designated as permanent easement for highway purposes, Document No. 6919606, files of the Registrar of Titles, County of Hennepin, which lies easterly of the following described line: Commencing at the Northeast Corner of said Lot 3; thence North 89 degrees 28 minutes 56 seconds West, assumed bearing along the north line thereof, 17.57 feet to the point of beginning of the line to be hereinafter described; thence southerly, along a non- tangential curve, concave to the east, 2.66 feet, having a radius of 1395.87 feet, a central angle of 00 degrees 06 minutes 33 seconds, a chord bearing of South 04 degrees 58 minutes 46 seconds West, and a chord distance of 2.66 feet; thence South 03 degrees 22 minutes 04 seconds East, 47.97 feet; thence South 04 degrees 49 minutes 32 seconds West, 24.31 feet; thence North 85 degrees 10 minutes 28 seconds West, 5.83 feet; thence South 04 degrees 49 minutes 32 seconds West, 55.25 feet; thence South 85 degrees 10 minutes 28 seconds East, 5.83 feet; thence South 04 degrees 49 minutes 32 seconds West, 7.73 feet; thence North 85 degrees 10 minutes 28 seconds West, 2.50 feet; thence South 04 degrees 49 minutes 32 seconds West, 9.66 feet; thence South 85 degrees 10 minutes 28 seconds East, 2.50 feet; thence South 04 degrees 49 minutes 32 seconds West, 25.51 feet; thence South 49 degrees 49 minutes 32 seconds West, 5.66 feet; thence North 85 degrees 10 minutes 28 seconds West, 19.34 feet; thence South 04 degrees 49 minutes 32 seconds West, 2.83 feet; thence South 85 degrees 10 minutes 28 seconds East, 23.18 feet; thence South 04 degrees 49 minutes 32 seconds West, 27.33 feet; thence North 85 degrees 10 minutes 28 seconds West, 5.51 feet; thence South 04 degrees 49 minutes 32 seconds West, 2.83 feet; thence South 49 degrees 58 minutes 22 seconds East, 6.94 feet; thence South 04 degrees 49 minutes 32 seconds West, 49.53 feet to said permanent easement for highway purposes and there terminating. AND A permanent easement for drainage and utility purposes, over, under, and across that part of Lot 3, Block 1, HOPKINS COMMERCE CENTER ADDITION, is described as follows: Commencing at the Northeast Corner of said Lot 3; thence North 89 degrees 28 minutes 56 seconds West, assumed bearing along the north line thereof, 17.57 feet; thence southerly, along a non-tangential curve, concave to the east, 2.66 feet, having a radius of 1395.87 feet, a central angle of 00 degrees 06 minutes 33 seconds, a chord bearing of South 04 degrees 58 minutes 46 seconds West, and a chord distance of 2.66 feet; thence South 03 degrees 22 minutes 04 seconds East, 47.97 feet; thence South 04 degrees 49 minutes 32 seconds West, 24.31 feet; thence North 85 degrees 10 minutes 28 seconds West, 5.83 feet; thence South 04 degrees 49 minutes 32 seconds West, 55.25 feet; thence South 85 degrees 10 minutes 28 seconds East, 5.83 feet; thence South 04 degrees 49 minutes 32 seconds West, 7.73 feet; thence North 85 degrees 10 minutes 28 seconds West, 2.50 feet; thence A-1 834791.v1  South 04 degrees 49 minutes 32 seconds West, 9.66 feet; thence South 85 degrees 10 minutes 28 seconds East, 2.50 feet; thence South 04 degrees 49 minutes 32 seconds West, 25.51 feet; thence South 49 degrees 49 minutes 32 seconds West, 5.66 feet; thence North 85 degrees 10 minutes 28 seconds West, 19.34 feet; thence South 04 degrees 49 minutes 32 seconds West, 2.83 feet; thence South 85 degrees 10 minutes 28 seconds East, 23.18 feet; thence South 04 degrees 49 minutes 32 seconds West, 27.33 feet; thence North 85 degrees 10 minutes 28 seconds West, 5.51 feet; thence South 04 degrees 49 minutes 32 seconds West, 2.83 feet; thence South 49 degrees 58 minutes 22 seconds East, 6.94 feet to the point of beginning of said easement to be described; thence North 49 degrees 58 minutes 22 seconds West, 5.10 feet; thence South 04 degrees 49 minutes 32 seconds West, 7.03 feet; thence South 85 degrees 10 minutes 28 seconds East, 4.17 feet; thence North 04 degrees 49 minutes 32 seconds East, 4.09 feet to the point of beginning. AND The permanent easements for wall and utility purposes only, as memorialized in Document No. T3619606, as previously filed with the Office of the Registrar of Titles, Hennepin County, Minnesota. AND That portion of the drainage and utility easement dedicated in the plat of Hopkins Commerce Center Addition, as previously filed with the Office of the Registrar of Titles, Hennepin County, Minnesota as Document No. T2321304, legally described as follows: Commencing at the southwest corner of said Lot 3; thence North 69 degrees 24 minutes 24 seconds East, assumed bearing along the southerly line of said Lot 3, a distance of 42.34 feet; thence continuing along said southerly line North 73 degrees 50 minutes 29 seconds East, a distance of 8.88 feet; thence continuing northeasterly along said southerly line 72.98 feet along a curve concave to the southeast, tangent to the last described line, having a radius of 1492.40 feet and a central angle of 02 degrees 48 minutes 07 seconds; thence continuing along said southerly line North 83 degrees 43 minutes 45 seconds East, not tangent with said curve, a distance of 91.22 feet; thence northeasterly along the easterly line of said Lot 3 a distance of 40.30 feet along a curve concave to the northwest, not tangent to the last described line, said curve has a radius of 130.00 feet, a central angle of 17 degrees 45 minutes 36 seconds, and the chord of said curve bears North 53 degrees 46 minutes 42 seconds East; thence North 09 degrees 01 minutes 12 seconds East, not tangent to said curve, a distance of 7.47 feet to the point of beginning of the land to be described; thence North 09 degrees 01 minutes 12 seconds East, a distance of 11.23 feet; thence southwesterly 17.47 feet along a curve concave to the northwest, not tangent to the last described line, said curve has a radius of 120.00 feet, a central angle of 08 degrees 20 minutes 22 seconds, and the chord of said curve bears South 41 degrees 48 minutes 48 seconds West; thence North 79 degrees 01 minutes 30 seconds East, not tangent with said curve, a distance of 10.06 feet to the point of beginning and there terminating. Containing 49.37 square feet or 0.0011 acres. A-2 834791.v1 AND That portion of the public sanitary sewer easement, as memorialized in Document No. T3277873, as previously filed with the Office of the Registrar of Titles, Hennepin County, Minnesota, legally described as follows: A 15.00 foot wide strip of land lying over, under and across that part of Lot 2, Block 1, HOPKINS COMMERCE CENTER ADDITION, Hennepin County, Minnesota, lying 7.5 feet on either side of the following described centerline: Commencing at the southeast corner of said Lot 2; thence South 69 degrees 23 minutes 37 seconds West, assumed bearing, along the south line of said Lot 2, a distance of 107.11 feet; thence North 20 degrees 36 minutes 23 seconds a distance of 8.25 feet to the point of beginning of the centerline to be described; thence North 20 degrees 36 minutes 23 seconds West, a distance of 6.75 feet and centerline there terminating. The sidelines to be prolonged or shortened to intersect with a line drawn perpendicular to the above-described centerline from the point of beginning and the point of termination. Containing 101.25 square feet or 0.0023 acres. A-3 834791.v1  EXHIBIT B B-1 834791.v1  B-2 834791.v1  B-3 834791.v1  B-4 834791.v1 November 14, 2022 Council Report 2022-107 SUPPORT FOR HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT FUNDING FOR VISTA 44 Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution 2022-080 supporting the Hennepin County Transit Oriented Development Funding for the Vista 44 project. Overview In December 2019, Beacon Interfaith Housing Collaborative received land use entitlements for development of a 50-unit affordable apartment building with supportive services, located at 44 12th Avenue South and known as Vista 44. Hennepin County offers a Transit Oriented Development (TOD) Program that provides funding for development that enhances transit uses. Beacon was awarded funding through two rounds of the Hennepin County TOD Program to support the development of Vista 44. In 2020, Hennepin County awarded $150,000 for land acquisition, and in 2021, $250,000 was awarded for landscaping, public bike infrastructure, site work and stormwater management for the Vista 44 project. Developers that have been awarded TOD Program funding work directly with Hennepin County in administering the funds, although Hennepin County requires a resolution of support from the City for the project. There is no financial obligation or staff involvement from the City with administration of these funding awards. Supporting Information • Resolution 2022-080 ________________________________________ Jan Youngquist, AICP Community Development Coordinator Financial Impact: $_____0____Budgeted: Y/N ___ Source: __________ Related Documents (CIP, ERP, etc.): _______________________________________  CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2022-080 RESOLUTION SUPPORTING HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT FUNDING FOR THE VISTA 44 PROJECT WHEREAS, in 2019, the City of Hopkins approved land use entitlements for the Vista 44 50-unit affordable multi-family development project located at 44 12th Avenue South within the City; and WHEREAS, Hennepin County has a transit oriented development loan/grant program (TOD Program) to support development that enhances transit uses; and WHEREAS, on November 17, 2020, the Hennepin County Housing and Redevelopment Authority (HCHRA) authorized a TOD Program grant award to Beacon Interfaith Housing Collaborative of $150,000 to support land acquisition for the Vista 44 project; and WHEREAS, on May 11, 2021, the Hennepin County Housing and Redevelopment Authority (HCHRA) authorized a TOD Program loan award to Beacon Interfaith Housing Collaborative of $250,000 to support landscaping, public bike infrastructure, site work and stormwater management for the Vista 44 project; and WHEREAS, the Hennepin County TOD Program guidelines require a resolution from the local municipality approving the project. BE IT RESOLVED THAT the City Council of Hopkins, in accordance with Minnesota Statues § 383B.77, subd. 3, hereby supports the Vista 44 project and its funding awards from the Hennepin County Housing and Redevelopment Authority. Adopted this 14th day of November, 2022. By:__________________________ Patrick Hanlon, Mayor ATTEST: ____________________________ Amy Domeier, City Clerk November 14, 2022 Council Report 2022-108 AUTHORIZE SPENDING OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council authorize spending of American Rescue Plan Act Funds based on the attached summary. Overview During 2021, the City of Hopkins was allocated $2,018,224 in federal grant aid through ARPA. The City has until the end of 2024 to spend the funds on eligible costs. City Council met and discussed ARPA in January, February and March of 2022. A spending plan was developed based on City Council priorities, community input and staff recommendations. The spending plan was adopted by City Council on April 5, 2022. The City has $457,000 of remaining funds based on unallocated amounts and savings from the original plan. Staff presented a list of options for the remaining funds at the October 11, 2022 work session. The list has been updated based on City Council input. A revolving loan fund for energy efficiency improvements was removed from the list (planned to be funded from other sources). The Green Cost Share program was increased from $100,000 to $155,000. Additional revenue loss for the Arts Center and Marketing were added. Supporting Information • Summary of American Rescue Plan Act Spending Plan ______________________________ Nick Bishop, Finance Director  Summary of American Rescue Plan Act Spending Plan Green Cost Share Program - $155,000 To establish a Green Cost Share program Council would dedicate $155,000, the funds would provide a city funded match towards energy improvements. Funds would either need to be replenished or the program would have a limited run. Equity Assessment Training & Implementation - $10,000 Allocate $10,000 to continued training and implementation work related to the City’s Strategic Racial Equity Action Plan (currently being developed with Culture Brokers). Youth Workforce Development Intern 2023 - $7,000 Allocate an additional $7,000 to have an intern or part-time program coordinator to assist in the summer of 2023 with the administration and supervision of the program. Staff would apply for grants for fund the youth compensation. Parking ramp revenue loss to pay for maintenance - $50,000 The parking fund continues to struggle and there are some roofed areas over the elevator and stairwells in need of repair. An allocation in this area would prevent the fund from going further into deficit. Police Capital Requests - $90,000 Mobile Video Surveillance Camera - $70,000 – Tower elevated surveillance cameras that can be moved and located for additional security for large events such as Raspberry Festival and Mainstreet Days. The tower can be deployed in areas needing additional surveillance/monitoring due to criminal activity. Four (4) Automatic License Plate Readers $20,000 – Stationary camera systems placed on or near public roadways to locate stolen vehicles or wanted persons and to track vehicles for traffic impact studies. Planner position extension into 2025 - $50,000 Allocate $50,000 towards the planner through the revenue loss rules and dedicating the funds to funding the position for part of 2025. Dow Towers Dedication towards Sprinkler’s - $50,000 Fire Alarm and Sprinkler System Installation - $50,000 – Dow Towers is seeking financial assistance to cover a portion of the cost related to installing a sprinkler system and an upgraded fire alarm system in the building. At this time, Dow Towers does not have a sprinkler system to stop or prevent a fire outbreak in the building. The sprinkler system is a life-saving building tool that Dow Towers requires. The matching amount will make Hopkins HRA/Dow Towers more competitive in grant funding with Hennepin County, the State of Minnesota and HUD to help cover the full cost of installing a new sprinkler system and an upgraded fire alarm system. Arts Center Revenue Loss - $25,000 The Arts Center Fund carried a deficit fund balance before the COVID-19 Pandemic. The City has levied $60,000 annually since 2020 to reduce the deficit. Additional amounts can be used to further reduce the deficit. Marketing - $20,000 The City plans to increase its marketing presence in 2023 based on City Council direction.  MEMO To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Ryan Krzos, City Planner Date: November 14, 2022 Subject: Planning & Zoning Commission 2023 Annual Work Plan Proposed Action Staff recommends that the Council offer any comments or direction regarding the proposed 2023 work plan for the Planning and Zoning Commission. Overview The work plan is intended to allow for the City Council to better communicate with and monitor the work of the Planning & Zoning Commission. In 2022, the work plan included review of the updated zoning ordinance, training opportunities and the process to develop the 2023 work plan. Staff and the Commission discussed the 2023 work plan at the September 27, 2022 regular meeting. The consensus of the commission was to include the following items: • Formulate and implement a community outreach plan centered on education and engagement for the updated zoning ordinance. Staff will work with the Commission to develop a plan that may include planning outreach events or putting together educational and/or tabling materials. and; • Further commission training opportunities; The Commission requested general Commission member training as well as training specific to Hopkins’ long-range planning initiatives and development related policies. Staff and Planning and Zoning Commission Chair White will present the draft work plan to the Council for additional direction and feedback. Attachments • Planning & Zoning Commission 2023 Annual Work Plan • 2023 Planning & Zoning Commission Annual Calendar Planning & Zoning Commission 2023 Annual Work Plan Proposal - DRAFT Initiative ☒ New Initiative Target Budget Staff Support Required Council ☐ Continued Initiative Completion Date Required Approval ☐ On-Going Initiative Community education and implementation of On-going $500 Staff liaison to support new zoning code. Staff will work with the Commission to develop an engagement plan that may include planning outreach events or putting together tabling materials. Progress Report: Initiative ☐ New Initiative Target Budget Staff Support Required Council ☒ Continued Initiative Completion Date Required Approval ☐ On-Going Initiative Planning & Zoning Commission Training. On-going $349 paid in Staff liasion Includes general Commission member training 2021 as well as training specific to Hopkins’ long- range planning initiatives and development related policies. Progress Report: Ongoing Responsibilities Review and conduct public hearings for development applications and make recommendations to the City Council Planning & Zoning Commission 2023 Annual Work Plan Proposal - DRAFT Other Work Plan Ideas Considered for Current Year or Future Years Zoning Ordinance Update check-in. Proposed Month for Work Session: October 2023 Staff Comments: Staff will present the draft 2023 Annual Work Plan to the Commission during their regular September meeting. Based on feedback from the Commission, staff will update the draft work plan and present it to the City Council at their regular meeting on November 14th for further discussion and comment. Council Comments: 2023 PLANNING & ZONING COMMISSION ANNUAL CALENDAR - DRAFT January • Education and Engagement Plan Work Session • Planning & Zoning Commissioner Training? February • Approve Education and Engagement Plan • Planning & Zoning Commissioner Training? March • Planning & Zoning Commissioner Training? April • Planning & Zoning Commissioner Training? May • Planning & Zoning Commissioner Training? June • Annual Meeting & Election of Chair and Vice Chair for 2022-2023 • Planning & Zoning Commissioner Training? July • New Commissioners for 2022-2023 Sworn In and Begin Term • Planning & Zoning Commissioner Training? August • Discussion of 2024 Annual Work Plan • Planning & Zoning Commissioner Training? September • Final Draft of 2024 Annual Work Plan • Planning & Zoning Commissioner Training? October • Present 2024 Draft Annual Work Plan at City Council Work Session • Planning & Zoning Commissioner Training? November • City Council Takes Action of 2024 Annual Work Plan • Planning & Zoning Commissioner Training? December • Regular Planning & Zoning Commission Scheduled for December 26th Subject to Change. Please Hold December 19th as Alternative Date  Administration CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members Mike Mornson, City Manager From: PeggySue Imihy Bean, AICP, Management Analyst Date: November 14, 2022 Subject: Park Board 2023 Annual Work Plan _____________________________________________________________________ PURPOSE To provide the City Council with an update on the 2022 Park Board Work Plan and to see feedback on the 2023 Park Board Work Plan. INFORMATION In 2022, the Park Board has made great progress on the approved work plan for the year. Tonight, the Park Board Chair Meg Slindee, will provide insight on some of the board’s accomplishments such as: • Developing a Park System Master Plan: In Spring 2022, the City entered into a contract with local consultant Confluence and its team of subcontractors to provide the City with a Park System Master Plan. This plan will be the first comprehensive master plan for the park system in Hopkins’ history and will help the City plan for future growth associated with development along the light rail. On November 28, the Park Board will host Confluence at their regularly scheduled Park Board meeting to discuss outcomes of the community engagement and set goals and priorities for the plan. The City Council is invited to attend this meeting and be apart of the discussion. Tonight, Staff will present an update on the progress of the plan and a timeline for the remainder of the planning process including: o An updated timeline of the project o A summary of engagement totals and events, including high level themes from the engagement: ▪ More natural resources ▪ Focus on quality ▪ Park access ▪ Winter recreation o Level of service – How well are Hopkins’ parks serving the residents compared to national standards and selected benchmark communities o Next Steps and Key Issues Emerging ▪ Engagement notes lack of variety and interest in parks as well as feeling that spaces are outdated or have low-quality equipment ▪ Parks need physical improvements to update and adapt to recreation trends  ▪ Parks are underfunded and require creative solutions for to improve parks and keep up with projected population growth ▪ Major opportunities for redevelopment and integration with downtown that could strengthen both the downtown and adjacent facilities • Study and develop a recommendation on how sustainability does or does not fit within the scope of the Park Board: The board spent several meetings researching and discussing where sustainability fit within their existing work. While maintaining a high level of sustainability within the parks was an important focus for the board, they ultimately felt that City wide sustainability was outside of their expertise. Their recommendation to the City Council on this issue is that a separate board be formed for sustainability and environmental issues. • Develop a document outlining the decision-making abilities of the park board, policies, and identifying best practices for working with partners within the parks system. The document will serve to help transition future park boards – With an expansion of the board from 5 member to 7 members, many of the new members felt that time spent understanding the role of the board more clearly and meeting with staff from Hopkins-Minnetonka Recreation and Public Works would help them more clearly understand their role on the board. Many meetings over the past year focused on the role of this board and how it interacts with the staff liaisons from the aforementioned departments. It was decided not to make a document, as the City Clerk Amy Domeier, recently made a very helpful Board and Commissions Handbook, and this year hosted a training session for new members. The board feels that at this time they have a much clearer understanding of what they do. For 2023, the board has the following work plan items they are seeking the City Council’s feedback on: • Developing a Park System Master Plan: The Board continues to work on the Park System Master Plan and will likely carry related implementation steps from this item over into the 2024 Plan. • Review and recommend changes to staff on the Adopt-a-Park Program: The Park Board is continuously seeking opportunities for the community to be more involved in the park system, including revisiting the Adopt-a-Park program and seeing the ways in which the program might become more robust. The board proposes to work with staff on ideas related to engaging participants more and possible expansion of the program. • Work with partners such as Minnetonka Recreation, Hopkins Public Works, Hopkins Public School, and other partners to receive more communication and updates regarding ongoing efforts – As programming and maintenance of the parks is spread between the City and many partners, the park board in interested in having more regular communication and involvement with organizations and their ongoing efforts. The board proposed developing a more regularly schedule for staff and organizations to bring forward updates and 2  develop a better feedback loop with Hopkins-Minnetonka Recreation on programming. The board seeks the Council’s feedback on these items and to know if there are any other items they should work on in the upcoming year. FUTURE ACTION The Park Board will return to the City Council in Fall 2023 to provide updates on this plan. The Council is also invited to the November 28th Park Board meeting to hear from consultant, Confluence, on the Park System Master Plan. 3 Park Board 2023 Annual Work Plan Initiative ☐ New Initiative Target Budget Staff Support Required Council ☐ Continued Initiative Completion Date Required Approval ☒ On-Going Initiative Develop a Master Parks Plan Summer 2023 $150,000 Staff support from 12/14/2021 Planning, Public Works + Minnetonka Parks and recreation would be needed. Progress Report: In 2022, the Park Board selected Landscape Architecture firm, Confluence as the contractor for the Master Park System Plan. The work on this plan is ongoing and updates are planned consistent with the proposal. The project is currently running on time and on budget. Initiative ☒ New Initiative Target Budget Staff Support Required Council ☐ Continued Initiative Completion Date Required Approval ☐ On-Going Initiative Review and recommend changes to staff on Fall 2023 None Staff support from Staff the Adopt-a-Park Program Liaison & Solid Waste Coordinator Progress Report: Park Board 2023 Annual Work Plan Initiative ☒ New Initiative Target Budget Staff Support Required Council ☐ Continued Initiative Completion Date Required Approval ☐ On-Going Initiative Work with partners such as Minnetonka Ongoing None Staff liaison, Minnetonka Recreation, Hopkins Public Works, Hopkins Parks and Recreation Public School and other partners to receive and Hopkins Public more communication and updates regarding Works ongoing efforts. Progress Report: Ongoing Responsibilities • Review of Park Dedication Funds • Advise Council on operation and maintenance on parks • Increase public understanding of park policies, practices, and ongoing projects Other Work Plan Ideas Considered for Current Year or Future Years • Revised Capital Improvement Plan which incorporates recommendations from Master Parks Plan • System improvements consistent with Master Parks Plan Proposed Month for Work Session: November Park Board 2023 Annual Work Plan Staff Comments: Staff is supportive of the above work plan. The proposed work plan continues to build on efforts made in 2022 to increase communication amongst key partners as well as effectively plan for future improvements to the park system. Council Comments: