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02-15-00A regular meeting of the Hopkins City Council was held on February 15, 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, Gessele, and City Attorney Wynn Curtiss. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS 1. Chemical Health Commission Connie Kurtz reported that the Chemical Health Commission continues to work on fine tuning their by-laws. On March 21St the Hopkins School District will launch their "Reduce the Use" campaign. This is a two-year community program targeting the use of alcohol, tobacco, and drugs by our youth. Ms. Kurtz said that the Commission is waiting to see how they can support the program. Council Member Jensen said that a student approached her and said that many students who are interested in the program have not been approached and invited to participate. Ms. Jensen requested that Ms. Kurtz, or another member of the Chemical Health Commission, try to identify these students and get them included and involved. IV. CONSENT AGENDA 1 . February 1, 2000, Regular City Council Meeting Minutes 2. February 8, 2000, Work Session Minutes 3. Award Bid, Elmo Treatment Plant Improvements (CR2000-26) 4. Accept Alley Reconstruction Feasibility Report and Order Public Hearing (CR2000-27) 5. Second Reading, Revision to City Code, Updated State Building Code and Permit Fees (Memo) Council Member Johnson 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 Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. February 15, 2000 City Council Meeting Minutes Page 1 V. PRESENTATION 1 . Upcoming Legislative Session, Representative Folliard Representative Betty Folliard said that the session is in full swing. They have been debating the unicameral issue. They have been looking at the tax rebate, which may be amended to one billion dollars. Transportation is a high profile issue. The bus line through the Southwest Corridor is in the Governor's plan. Steve Mielke, City Manager, asked if the legislature would be looking at repealing the sales tax paid by local governments. Mr. Mielke said that approximately 1 % of the Hopkins levy is required to pay sales tax on items purchased. Ms. Folliard said that the revenue from the local government paid sales tax represents about ninety million dollars and that there is a reluctance to give that up completely. Mr. Mielke said that the telecommunications bill is trying to capture the franchise fees that the cities are getting from the franchises. Ms. Folliard said that the State would fund their telecommunications projects with the revenue generated by this fee. Mr. Mielke said that those same franchise fees represent approximately $1 10,000 to the City of Hopkins and pay for televising our meetings, publishing our newsletters etc. With out those fees, the City will have to increase the levy and/or discontinue those services. Mr. Mielke mentioned the transportation bill. Ms. Folliard said that the bill was complicated, and she would not go into it at this time, but would leave a copy of it with Mr. Mielke. Council discussed the grant request and response from the Board of Innovation.. Ms. Folliard also said that she would inquire about the grant application. Mr. Mielke then asked if there were any State Aid Projects that the City should be aware of. Ms. Folliard said that it is too early to know. Mr. Mielke asked if Ms. Folliard knew of any special grants or funds for public arts or if the City could create some form of fee or tax to fund public arts in the City. Ms. Folliard said that she found no examples of that except the 1 % for arts. Ms. Folliard said the she would be willing to work at a solution for the next session. Mr. Mielke asked about the future of Family Service Collaborative. Ms. Folliard said that the fund was originally set up for five years of funding. We are now in the seventh year with $7 million budgeted for 2000 and 2001. She will inquire into the future funding of the program. Steve Mielke thanked Ms. Folliard for her help in mediating the issues between Hopkins and the MPCA. Mr. Mielke said that he believed that an agreement was reached because of Ms. Folliard's assistance. February 15, 2000 City Council Meeting Minutes Page 2 Mayor Maxwell thanked Ms. Folliard for coming to the Council Meeting. 2. Empty Bowls Project, Barb Westmoreland Barb Westmoreland introduced Polly Dean, this year's co-chair. Ms. Westmoreland said that last year approximately 1000 people attended, 800 bowls were sold, and $12,000 was raised. Ms. Dean said that this year, the goal is to reach 1500 in attendance and to raise $18,000. 3. Met Council Contamination Cleanup Program, Ted Mondale (Approximately 8:30 p.m.) Mr. Mondale was not yet at the meeting. Mayor Maxwell went on to Old Business. VI. OLD BUSINESS 1 . Award Bid, Moline Water Tank Repainting (CR2000-25) Steve Stadler said that six bids were received for the project. The low bid, $525,750, was submitted by DeLoughery Painting Company. Aerial Communications, Inc. will pay $20,000 toward the project for the added work that is necessary to paint around their equipment, leaving a total cost to the City of $515,750. The total cost is 515,750 over the budgeted amount. Mr. Stadler said that the project will be paid for with a bond issue. Mike Lauseng explained the process and invited the Council Members to come and see the inside of the tower while it is being worked on. Council Member Brausen moved and Council Member Johnson seconded a motion to adopt Resolution 2000-08, Resolution for Award of Bid, Moline Water Tower Plant, Project 98-06 and Resolution 2000-09, resolution stating the City's intent to sell revenue bonds to pay for this project. 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 . Accept Engineering Services Change Order, Second Street North (CR2000- 24) Steve Stadler said that in July the Council approved a construction engineering services agreement with SEH-RCM for construction inspections on the 2"d St N Storm Sewer Project 98-16. Because of weather conditions; utility company coordination; an increased project scope; and the slow work pace by the contractor, the time spent on the project was increased. Mr. Stadler said that the additional costs are justified February 15, 2000 City Council Meeting Minutes Page 3 and that staff intends to seek liquidated damages in the amount of $5,000 from the contractor. The Council discussed the additional charges and the process for collecting the liquidated damages. Mr. Mielke said that on future contracts, staff could devise language for incentives and penalties, reminding Council Members that if the penalty is too strong, it will be paid for up front. This issue will be discussed at a future work session. Council Member Johnson moved and Council Member Hesch seconded a motion to approve additional engineering fees in the amount of $16,677.56 for construction services on Project 98-16. 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. Met Council Contamination Cleanup Program, Ted Mondale Steve Mielke introduced Ted Mondale and Mary Hill-Smith, Hopkins' Commissioner on the Met Council. Mr. Mielke said that a grant was awarded for the cleanup of the property of the Steile Bakken Project. Mr. Mielke introduced representatives of that project who were in attendance. Mr. Mondale said that the grant was made possible by the Livable Communities Act that was written to promote smart growth in the suburban areas. Mr. Mondale commended the City of Hopkins saying that this project was one of the best projects demonstrating smart growth. Mr. Mondale also said that the transit system bill will give a 35 to 40% service increase to the Southwest corridor. Mary Hill-Smith said that the Livable Community act made the grant possible and that they will also contact the Board of Innovation about the grant that the City submitted for transportation solutions. 2. Metricom Right-of-way Permit and Facility Use Agreement (CR2000-28) Jim Gessele introduced Max Thompson from Metricom and said that last fall staff was approached by Metricom. Metricom explained what they wanted to accomplish and staff suggested to Metricom that they coordinate with Suburban Rate Authority and the League of Minnesota Cities to achieve a model agreement. The model agreement is in place and Metricom has now formally requested aright-of-way use agreement with the City. Max Thompson explained that Metricom is making wireless Internet access available to homes and businesses via a portable modem. The modems will attach to desktop, laptop or any other portable computer and transmit digital data at high speeds without February 15, 2000 City Council Meeting Minutes Page 4 the typical wired phone connection. Small shoebox-sized boxes will be installed on utility poles or light standards. Council Members asked questions about how the service will work, when it will be available, and what revenues to expect. Mr. Thompson explained the service, saying that he was not sure how it will be marketed. He estimated that it will be operational in 2001. Mr. Thompson said that he couldn't estimate the revenues at this time because the revenues will be determined by the number of users. Council Member Hesch moved and Council Member Johnson seconded a motion to authorize the Mayor and City Manager, on behalf of the City, to enter into aright-of- way use agreement with Metricom, Inc. 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. Mr. Mielke reminded the Council that the next meeting would be on Monday, March 6t`' because of the party caucuses on Tuesday the 7tn. VIII. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:48 p.m. ATTEST: Eu ene .Maxwell, Mayor February 15, 2000 City Council Meeting Minutes Page 5 Respectively Submitted,