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12-16-03A regular meeting of the Hopkins City Council was held on December 16, 2003, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and Rowan. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, J. Anderson, N. Anderson, Yager, Johnson, and City Attorney Jerry Steiner. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:33 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS There were none. Mayor Maxwell announced that tonight was Council Member Karen Jensen's last meeting. Mayor Maxwell read a proclamation proclaiming December 18, 2003, as Karen Jensen Day. All the Council Members spoke and thanked Ms. Jensen for her past eight years of service. Ms. Jensen spoke of the understanding and support she has received from her family and the community and some of the changes that have taken place in Hopkins over the past eight years. The Council Members presented Ms. Jensen with a directors chair and pendant. IV. CONSENT AGENDA 1 . Minutes of November 18, 2003, City Council Work Session 2. Minutes of November 25, 2003, City Council Work Session 3. Minutes of December 2, 2003, City Council Meeting 4. Minutes of December 9, 2003 City Council Work Session 5. Disbursements to be Paid December 18, 2003 6. Extend Moratorium Ordinance -East End Study (CR2003-180) 7. Authorize Traffic Study for Knox Property (CR2003-185) 8. Approve Gambling Permit Hopkins Elks Club (CR2003-179) 9. Authorize Call of Serial Bond in TIF District 1-1 (CR2003-177) 10. Authorize Call of Serial Bond for Meadow Creek Condominium Project Area One (CR2003-178) Council Member Jensen moved and Council Member Brausen seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. December 16, 2003 City Council Meeting Minutes Page 1 V. OLD BUSINESS 1 . Second Reading, Electronic Changeable Signs (CR2003-181) This item was on the agenda for first reading on December 2~d. At that time, staff was directed to define "scrolling" and "flashing". The Zoning code already defines "flashing". A definition for "scrolling" was added to the ordinance for second reading. Language for types of messages allowed was changed from public service, to community-based non-profit announcements. Council Member Jensen moved and Council Member Rowan seconded a motion to adopt Ordinance 2003-912, to allow automatic changeable signs in the Institutional zoning district for second reading and order it published. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VI. NEW BUSINESS 1 . Adopt 2004 Levy and Budget (CR2003-182) The City Council and staff have held several meetings during 2003 to prepare the 2004 general fund budget and 2004 tax levy. Substantial cuts were made to achieve the level of the proposed funding. Budget goals were adopted this spring and were instrumental in guiding the staff as it prepared budget requests. The Council has adopted the Capital Improvement Plan and the Equipment Replacement Plan. These tools and a series of program and budget discussions have brought the City to a point of final decision making. A public hearing was held on Monday, December Stn Ms. Yager presented the budget. In her presentation, Ms. Yager said that she tried to include items that would address questions that were brought up at the public hearing on December Stn Don Roesner, 618 Park Valley West, came forward. Mr. Roesner thanked Mr. Mielke and Ms. Yager for taking the time earlier in the day to answer his questions. Mr. Roesner suggested that instead of decertifying the downtown TIF district, the City could ask for an extension of that district and use the funds to pay for the facilities. Council Members discussed the process and thanked staff for their hard work on this budget. Council Member Brausen thanked Mr. Roesner for coming forward and speaking, not only for himself, but also, for those in his neighborhood and residents of the City. December 16, 2003 City Council Meeting Minutes Page 2 Council Member Jensen moved and Council Member Johnson seconded a motion to adopt Resolution 2003-1 10 approving the 2003 tax levy collectible in 2004 and adopting the 2004 General Fund budget. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve Drainage and Trail Easements, Blake Heights (Edina) (CR2003-183) The City of Edina has approved the preliminary plat for Blake Heights. The new development is located just south of Blake School. The City of Hopkins owns a strip of land just north of the development and currently maintains a trail on this strip. As part of the development, a bituminous trail connection is proposed between the existing trail and the proposed cul-de-sac. The street drainage from this development is directed across part of the property the City of Hopkins owns to an Edina storm sewer inlet. The proposed drainage will be very similar to the existing. Engineering was asked to comment on the proposed development plan and has requested that the developer provide the City of Hopkins Drainage and Trail easements that provide for maintenance of these improvements by the City of Edina. Council Member Jensen moved and Council Member Brausen seconded a motion to approve the trail easement and drainage easement over the City owned property related to the Blake Heights development in Edina, and authorize the Mayor and City Manager to sign said easements. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Approve Outdoor Ice Rink Schedule (CR2003-184) At the September 23, 2003 City Council Work Session, the Council reviewed budget recommendations for the Recreation Department. At that time, staff recommended a reduction of the number of outdoor ice rinks maintained and staffed for the 2003/2004 season. Council directed staff to explore options for continuing all warming house sites and implement a rotating schedule for when warming houses would be open for use. Mr. Johnson said that there have been inquires for allowing volunteers to operate the ice rinks. He further stated that there would be liability issues with doing so without training for the volunteers and suggested that the City plan something along those lines for next year. Staff has developed a proposed schedule for 2003/2004 outdoor ice rinks. No changes in site locations have been proposed with the exception of Central Park, which is not available because of construction of new facilities. Greg Zoidas, 201 Homedale, came forward and stated that their neighborhood has purchased an ice machine and has made arrangements to have the rink plowed. They would like the City to give a key to one person in the neighborhood and let the December 16, 2003 City Council Meeting Minutes Page 3 neighborhood staff the rink. There would be no cost to the City for the Interlachen rink. Council Members questioned the City Attorney about the liability of having volunteers at the rinks. Mr. Steiner answered that there would be issues and that the League of Minnesota Cities' Insurance should be contacted before any decision was made. Don Roesner, 618 Park Valley West came forward and stated that when they were younger, his sons lived at the ice rink. He felt it is a good, safe place for kids to be. He suggested that the City should keep rinks open. Greg Appelhof, 219 Homedale, came forward. Mr. Appelhof thanked Steve Stadler for helping the neighborhood get the rink put together. The issue now is how to get the full use of the rink. Mr. Appelhof said that kids will be there with or without an attendant. He stated that having volunteers would afford more safety than just having kids skate without an attendant. Council Members discussed the issues of liability, training, and volunteers and concurred that they would like to have the Interlachen rink be a test rink to see how it would work to have volunteers operate the rink. Council Member Jensen moved and Council Member Rowan seconded a motion to approve the schedule for 2003-2004 outdoor ice rink as proposed and directed staff to check with the League on the issues of liability; and, if the liability issues can be worked out, to arrange training for the Interlachen volunteers, and arrange for one coordinator to give the key to. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Approve HCA Inc. Request for Agreement Clarification (CR2003-187) At its inception, HCA Inc. entered into a cooperative agreement with the City of Hopkins. The agreement requires a sharing of "excess cooperative revenues". In HCA Inc. fiscal year 2002-2003, HCA Inc. obtained sponsorship revenues intended for the 2003-2004 fiscal year's operations. Due to the timing of the payment, and HCA Inc.'s accounting practices, it appears that there is a positive cash balance for the fiscal year. Staff recommended the motion to clarify the intent and purpose of the sponsorship dollars and that the language of the agreement be reviewed to prevent future similar issues. Council Member Jensen moved and Council Member Brausen seconded a motion to approve a clarification of the intent of the Cooperative agreement with HCA Inc. providing relief from the language of the agreement, and to instruct staff to work with HCA Inc. to draft language for future consideration that will clarify the meaning and intent of "cooperative revenues". A poll of the vote was as follows: Council Member December 16, 2003 City Council Meeting Minutes Page 4 Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 5. Approve City Attorney Rates and Charges (CR2003-186) The City Attorney's office is proposing new rates and charges for 2004 and 2005. Rates are reviewed every year. The new rates and charges are competitive with those of other cities. The relationship and work product of the firm are excellent. Council Member Jensen moved and Council Member Johnson seconded a motion to approve the schedule of rates and charges as proposed by Miller, Steiner & Curtiss (MSC) for 2004-2005 with the conditions as proposed. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:35 p.m. Respectfully Submitted, e erry Ob aier, City Clerk ATTEST: Eugene J. well, M yor December 16, 2003 City Council Meeting Minutes Page 5