09-05-00A regular meeting of the Hopkins City Council was held on September 5, 2000, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Jensen, Hesch, and
Johnson. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan,
Yager, and City Attorney Jerre Miller.
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. REPORTS -COMMITTEES/COMMISSIONS
There were none.
IV. CONSENT AGENDA
1. Minutes of August 15, 2000, regular City Council Meeting
2. Minutes of August 22, 2000, City Council Work Session
3. Ratify Prior Month's Disbursements
4. Approve Cooperative Agreements with Hennepin County/Excelsior Boulevard
Streetscape Funding (CR2000-148)
5. Award Bid for Parking Lot 750 Construction (CR2000-151)
6. Order Assessment Roll, 2000 Alley Project (CR2000-146)
7. Order Public Hearing, Miscellaneous Assessments (CR2000-144)
Council Member Hesch asked if the funds for Exc Blvd from Hennepin County would
replace other streetscape funds. Steve Stadler said no, those funds will be in addition
to other financing.
Council Member Hesch moved and Council Member Johnson 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 Hesch, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
V. OATH OF OFFICE
Warren Woodrich gave the oath of office for the Human Rights Commission.
September 5, 2000 City Council Meeting Minutes Page 1
VI. PUBLIC HEARING
1. Second Reading, Vacation of 6th Ave S, Re: SuperValu Perishable
Warehouse. (CR2000-145)
Jim Kerrigan said that SuperValu is proposing to vacate 6th Ave S from 3~d St S to 5th
St S. This will provide SuperValu with internal access to the perishable site and new
warehouse area. The first reading was held on August 15, 2000. Nothing has
changed since the first reading. The ordinance will take effect twenty days after
publication. The council will still have to approve a conditional use permit agreement.
Mr. Kerrigan also said that public utility easements will not be vacated.
Mayor Maxwell opened the public hearing at 7:47 p.m.
No one came forward
Council Member Jensen moved and Council Member Johnson seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
7:48 p.m.
Council Member Brausen moved and Council Member Jensen seconded a motion to
adopt Ordinance 2000-842, providing for the vacation of 6th Ave S for second reading
and ordered published. A poll of the vote was as follows: Council Member Brausen,
aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member
Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
2. Cable Franchise (CR2000-143)
The representatives from the Cable companies were not able to attend until later
because of public hearings in other cities.
Council Member Hesch moved and Council Member Jensen seconded a motion to
continue this item to the last item on the agenda. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch,
aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
3. Tax Rate Increase (CR2000-142)
Lori Yager said that a new law requires cities with populations over 500 to hold a
public hearing if there is a possibility of a tax rate increase due to a proposed increase
in the net tax capacity, allowing a discussion of this issue prior to the public hearings
on the final levy and budget adoption in December. Ms. Yager said that last year the
debt service was excluded from the levy, but has been included in the 2000 levy.
September 5, 2000 City Council Meeting Minutes Page 2
This will allow the City to levy for debt. Ms. Yager said that for years, there has been
a levy limit on the non-debt levy, but the debt service levy has had no limit.
Mayor Maxwell opened the public hearing at 7:58 p.m.
No one came forward.
Council Member Johnson moved and Council Member Hesch seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
7:59 p.m.
Council Member Jensen moved and Council Member Brausen seconded a motion to
adopt Resolution 2000-58, authorizing a tax rate increase for the 2000 tax levy,
collectible in 2001. A poll of the vote was as follows: Council Member Brausen, aye;
Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson,
aye; Mayor Maxwell, aye. The motion carried unanimously.
VII. NEW BUSINESS
1 . Approve Preliminary Budget and Levy (CR2000-150)
Lori Yager said that the truth in taxation process requires the City to adopt a proposed
levy and set dates in conformance with state statute and a preliminary general fund
budget must be established. Adoption of the actual budget will be in December. The
total property tax levy increase is approximately $339,000. Ms. Yager explained
three options, which would increase the budget from 3.4% to 5.5% and reviewed the
tax bill and how it is proportioned with the City's portion being 26% of the total bill.
Council Member Johnson moved and Council Member Jensen seconded a motion to
adopt Resolution 2000-63, approving proposed 2000 tax levy collectible in 2001,
adopting a preliminary 2001 general fund budget, and setting public hearing dates. A
poll of the vote was as follows: Council Member Brausen, aye; Council Member
Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor
Maxwell, aye. The motion carried unanimously.
2. South Hopkins Traffic Control
Steve Stadler said that in response to the SuperValu project and the closure of 6tn
Ave S, South Hopkins traffic patterns were looked at. Engineering Consultants
recommended re-striping 1 1th Ave S to four lanes in the 600 block.
Mr. Stadler said that he and Chief Reid met with South Hopkins neighborhoods and
that the group approved the plan for re-striping. Mr. Stadler said that he also talked
September 5, 2000 City Council Meeting Minutes Page 3
with business owners and building owners on the east side of 1 1 th Ave S and that all
but two business owners supported the plan.
Council Members discussed the names of the businesses on the east side of 1 1 th Ave
S, how school busses would be effected, and removal of parking on the east side of
the street.
Council Member Hesch moved and Council Member Jensen seconded a motion to
approve re-striping of 1 1th Ave S to four lanes from just north of 6th St S to just south
of 7tn St S. A poll of the vote was as follows: Council Member Brausen, aye; Council
Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye;
Mayor Maxwell, aye. The motion carried unanimously.
3. Resolution on Regional Bike Trail Connection (CR2000-149)
Steve Stadler said that in 1998 the City Council supported the Hennepin County Trail
extension improvement project with the idea that we would continue to look at the
safety of that crossing. When the City Council moved to support the project, the
Council also asked that the Hennepin County Board and Highway Department look at
options for crossing Exc Blvd, including surface and raised crossings. The proposed
resolution expresses the City Council's continued concern with the safety of the
existing crossing and requests the development of a safer crossing.
The Council discussed the possibility of an above-grade crossing. Mr. Mielke said
that when the SuperValu annex is redeveloped, that would be a possibility. At this
time, there is not enough land to accomplish that. Council Members also discussed
the possibility of stripping the trail more frequently, changing the crossing to be less
of a diagonal path, adding signage to the trail, and the possibility of adding rumble
strips. Mr. Mielke said that the suggestions would be included in his cover letter to
the Hennepin County Park Board.
Council Member Johnson moved and Council Member Brausen seconded a motion to
adopt Resolution 2000-64, a resolution requesting additional Hennepin County Parks
action to improve the current trail crossing of Excelsior Boulevard. A poll of the vote
was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council
Member Hesch, aye; Council Member Johnson, .aye; Mayor Maxwell, aye. The
motion carried unanimously.
Public Hearing, Cable Franchise (CR2000-143)
Jim Genellie said that the City has received two proposals for new cable franchises.
State law requires a public hearing be held to allow for an opportunity for comment
on the proposals. Mr. Genellie said that the Southwest Suburban Cable Commission
and its attorney have reviewed the proposals and found that Everest Connections
September 5, 2000 City Council Meeting Minutes Page 4
Corporation and WideOpenWest possessed the requisite legal, technical and financial
qualifications to construct and operate a cable system. Mr. Genellie said that this is
the first step towards granting the franchise. The next step is negotiating the
franchise, which will take several months. In the franchise agreement, the City
should request performance bonds and restoration of rights-of-way if they do not
complete the project.
Brian Grogan, Moss and Barnett, the attorney for the Cable Commission, said that the
Southwest Cable Commission approved both companies legally, financially, and
technically.
Council Members discussed the standards for the finding, the lack of standards, and
the extent to which the City can regulate the rights-of-way.
John Manka, Chris Julian and Sean Stewart from WideOpenWest came forward. Mr.
Manka told the Council that they were in the process of franchising in other Cities,
who is financing the company, the type of technology being used, and the services
that will be offered.
Carol Wolff appeared for Everest and gave background information for the company.
Kim Roden, Time Warner Cable Company, said that they feel that there is already
competition for their product, and that the technology that they offer is the newest.
Ms. Roden encouraged the Council to carefully consider the qualifications and was
hopeful that the new companies would be required to operate in the same manner as
Time Warner.
Mayor Maxwell opened the public hearing at 9:31 p.m.
Dr. Paul Slaton came forward and said that he is no longer a resident of Hopkins, but
that he was a member of the original South Suburban Cable Commission. He
encouraged the Council to consider the advantage to having more than one cable
company provider.
Council Member Jensen moved and Council Member Brausen seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
9:33 p.m.
Council Members discussed reasonable financial requirements, cash on hand and
performance bonds.
Council Member Hesch moved and Council Member Jensen seconded a motion to
adopt Resolution 2000-59, finding that WideOpenWest possesses the requisite legal,
technical and financial qualifications to construct, own and operate a cable
September 5, 2000 City Council Meeting Minutes Page 5
communications system. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
Council Member Hesch moved and Council Member Johnson seconded a motion to
adopt Resolution 2000-60, finding that Everest Connections Corporation possesses
the requisite legal, technical and financial qualifications to construct, own and operate
a cable communications system. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VIII. ADJOURNMENT
There being no further business, Council Member Hesch moved and Council Member
Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9:46 p.m.
Respectively Submitted,
Terry Obermaier, City Clerk
ATTEST:
~~~-e GG~r~--
Euge J. M xwell, Mayor
September 5, 2000 City Council Meeting Minutes Page 6
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