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10-16-01A regular meeting of the Hopkins City Council was held on October 16, 2001, 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, Bot, Stahmer, Yager, Anderson, Reid, Liddy, and City Attorney Jerre Miller. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:35 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were noneo III. REPORTS -COMMITTEES/COMMISSIONS There were none. IV. CONSENT AGENDA 1. Minutes of October 2, 2001, City Council Meeting 2. Minutes of October 9, 2001, City Council Work Session 3. Second Reading, Rezone Cornerstone Business Park (Memo) 4. Resolution Participating in Livable Communities Program (CR2001-171) 5. LRT Regional Trail Winter Activities Permit (CR2001-167) 6. Resolution Supporting Capital Financing Grant (CR2001-177) 7. Budget Adjustment, Pavilion/Ice Arena (CR2001-169) 8. Authorize Final Payment, Water Treatment Plant #4 Renovation City Project 99-08 (CR2001-173) 9. Approval of Charitable Gambling Premises Permits for Raspberry Festival (CR2D01-176) Council Member Hesch moved and Council Member Jensen seconded a motion to approve the Consent Agenda with the changes that were sent in made to the minutes of the October 9, 2001 City Council work session. 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. PRESENTATION 1. Proclamation -Hopkins Senior Citizen Club October 23, 2001, is the 50th Anniversary of the Hopkins Senior Citizens Club. A proclamation will be presented to the Club at their next meeting. Tuesday, October 23`d will be proclaimed as the Hopkins Senior Citizens Day. 2. Hopkins Community Image Award The Community Image Awards are given annually to individuals and businesses that have made a visual improvement to their property or have demonstrated continued superior maintenance of their property. There are three categories. They are: Single- Family Residential, Multi-Family Residential, and Commercial/Industrial/Office. Single-Family Residential awards were given to: Brad and Debra Knudson, 424 Murphy Street Debbie and Jerry Barcel, 30 - 16th Ave N Molly Cummings and Sheldon Berg, 402 - 10th Ave N Multi-Family Residential winner: Patricia Carlson, 305/307 - 12th Ave N Commercial/Industrial/Office winner: Peter Mason, 801 Mainstreet Award recipients received a plaque and a 550 gift certificate for Glenrose Floral. 3. Quarterly Financial Report Lori Yager, Director of Finance, reviewed the third quarter General Fund Revenues and Expenditures. The General Fund revenues are $300,000 over last year at this time. Licensing and interest revenues are down. Expenditures are up $490,000 over last year. Winter plowing and a greater amount of street repairs account for the majority of those costs. Municipal Buildings is up $50,000, but still under budget. Ms. Yager reviewed the investments. The Water and Sewer Fund is very healthy. Reserves are up slightly over last year. Special Revenue Funds are down slightly. Some monies form Special Revenue was used to pay TIF debt early. The City's financial status is on target with the budget and very healthy. In answer to Mayor Maxwell's question, Ms. Yager said that the City will have to make up approximately 51,000,000 lost HACA from the State and an additional 540,000 from Local Government Aid from the State. This is because of the reorganization of the real estate tax. 4. School Bond Referendums, School District Representative Ted Sauers, Hopkins School District, reviewed the two questions that will be presented to voters on Election Day. The first question will allow additional operating levy. The second question, the Down Payment Levy, will allow the district to accumulate funds for major capital investments. Mr. Sauers reviewed the districts needs and reasons for the levy questions. Mr. Sauers also presented information on the December 18th and reviewed the needs of the various building locations through out the district. VI. PUBLIC HEARING 1. 2001 Miscellaneous Special Assessments (CR2001-170) Steven Bot said that the proposed special assessments are for delinquent utility bills, invoices, and the parking ramp maintenance. Property owners who paid their proposed assessments were deleted for the assessment roll. One appeal has been received. Neal G. Prokosch for Bruce G. Prokosch, 121 /123 - 19th Ave N, has requested that the $50.00 service charge be waived. Previous notices were not .mailed to Mr. Prokosch's current residence. That address was not on file. The billed amount has been paid. Mayor Maxwell opened the public hearing at 8:15 p.m. Jon Hagen, 216 - 18t'' Ave N, appeared. Mr. Hagen said that he had complied with all of the orders given by inspections except the unlicensed vehicle being stored outside. He said that he is unable to purchase license plates for a vehicle and cannot store the vehicle in the garage because there is not enough room in the garage. 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 8:40 p.m. Council Member Jensen moved and Council Member Hesch seconded a motion to accept the appeal from Neal G. and Bruce G. Prokosch to remove the $50 service charge. 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 Members discussed the junk vehicle ordinance and the fact that a vehicle that is unlicensed in not necessarily a junk vehicle. In answer to Council Members' questions, Mr. Mielke said that the item could be continued and suggested atwo-week delay on a decision. The City Council directed staff to stop enforcement at that address until along-term solution could be determined. Council Member Hesch suggested that the first citation be assessed and the second citation be continued and that staff should work with Mr. Hagen on a long-term solution. Council Member Jensen moved to assess the first citation and waive the second and work on a long-term solution. There was no second. Staff was directed to review the wording of the ordinance with Zoning and Planning and to bring a recommendation back to the Council. Council Member Johnson moved and Council Member Brausen seconded a motion to assess the first citation and move the second to discussion at a later date after the ordinance has been reviewed. 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. By consensus the Council directed staff to look at the property tomorrow morning and to document what is there. The two vehicles that are there will be allowed and there will be no further enforcement unless there are more or different vehicles. Council Member Jensen moved and Council Member Johnson seconded a motion to adopt Resolution 2001-74, Resolution for Adopting of Assessment Roll, 2001 Miscellaneous Special Assessments as amended with the exclusion of the two appeals that were discussed. 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. Moratorium and First Reading of Ordinance, East End Study (CR2001-168) Nancy Anderson said that the City is in the process of conducting a land use and market analysis for the east end of Hopkins. Hoisington Koegler Group Inc. is doing the study. It has been a concern of the Zoning and Planning Commission and the City Council that during the study, a development could occur that would not be in accordance with the final recommendations of the study. The Zoning and Planning Commission has recommended that a moratorium be placed on rezonings and subdivisions for the study area until the study is completed. The term of the moratorium is for one year. Mayor Maxwell opened the public hearing at 9:17 p.m. No one came forward. Council Member Johnson moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 9:18 p.m. Council Member Brausen moved and Council Member Hesch seconded a motion to adopt Resolution 01-73, Approving Ordinance 2001,863, Placing a Moratorium on Rezonings and Subdivisions for the Primary Study of the East End Study for First Reading. 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. Use of 2001 Local Law Enforcement Block Grant Funds (CR2001-175) Craig Reid, Chief of Police, said that the Bureau of Justice Assistance (BJA) has offered funding to law enforcement agencies to fund projects that reduce crime and improve public safety. The grant is called the Local Law Enforcement Block Grant. (LLEBG) The amount that Hopkins will receive is $11,843. The recommendation from the department is to replace three computer workstations and older office/squad room furniture. The grant conditions specify that the funds be used to procure equipment, technology, and other materials directly related to basic law enforcement functions. The purchases qualify under the purpose area. A separate Advisory Board made up of specific organizational representatives must review the use and make anon-binding recommendation. The board has supported the Police Department recommendation. Mayor Maxwell opened the public hearing at 9:21 p.m. No one came forward. Council Member Johnson moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 9:22 p.m. Council Member Hesch moved and Council Member Brausen seconded a motion to approve the recommended use of funds for the 2001 Local Law Enforcement Block Grant towards the purchase of computer equipment. 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 Feasibility Report, Order Public Hearing, 2002 Street and Utility Improvements (CR2001-172) Steven Bot said that in August the City Council authorized Bolton and Menk, Inc. to prepare a feasibility study on the street improvements on 1 1 th Ave S from Landmark Tr S to the Soo line Railroad Bridge, 1 1th Ave S from 1St St S to Mainstreet, 13th Ave S from 1St St to Mainstreet, 2~d St N from 9th Ave N to 12th Ave N and Milwaukee St from Washington Ave to Monroe Ave S. Marcus Thomas, Bolton and Menk, reviewed the scope of the project and the construction schedule. The total estimated project cost is $1,287,104.50 with $695,699.90 being assessed. Council Member Brausen moved and Council Member Hesch seconded a motion to adopt Resolution 2001-76, Resolution Ordering Public Improvement Hearing, 2002 Street and Utility Improvements, City Project 01-10. 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. Consider Increase in Towing Company Charges (CR2001-162) Jim Liddy, Police Department, said that Matt's Towing is the City's snow emergency towing agency. The fee for towing is $58 and the storage charge per day is $15. Matt's is requesting an increase to $63 and $17. The increase is being requested to cover the normal cost of living increase, increase in fuel costs, and decrease in scrap metal prices received from cars that are not claimed. The last increase was in 1998. Captain Liddy said that it has been several years since a formal bidding process and that staff is recommending that a new bid be done in 2002. Council Member Johnson moved and Council Member Brausen seconded a motion to approve an increase in contract towing company charges to $63 for basic tow and $17 per day storage charge for snow emergency tows. 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. Approve Change Order, 2001 Street Improvement Project (CR2001-174) Steven Bot said that the 2001 Street and Utility Improvements project is just about complete. Many unknown conflicts, problems and issues surfaced during construction on this project. These unknowns have required changes to the plans and have added costs to the project. The Change Order amount is $62,226.97. Mr. Bot also requested formal approval of additional design work in the amount of $18,896 and additional construction observation services not to exceed $27,942.61. Council Member Jensen moved and Council Member Hesch seconded a motion to approve Change Order 2 and additional design and construction service fees not to exceed $46,838.61 as they relate to the 2001 Street and Utility Improvements, City Project 00-10. 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 Johnson moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:15 p.m. Respectively Submitted, Terry O rmaier, City Clerk ATTEST: Eug a .Maxwell, Mayor COUNCIL MEMBERS