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12-17-02A regular meeting of the Hopkins City Council was held on December 17, 2002, 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, Davidson, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order 7:30 at p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. PRESENTATION The Council honored Representative Betty Folliard by proclaiming December 17, 2002 Betty Folliard Day. Council Members thanked Representative Folliard for the work she has done for the City while serving as a State Representative. IV. OATH OF OFFICE Terry Obermaier gave the oath of office to Agri Verija, the new member of the Human Rights Commission, and Anna Johnson, the new member of the Chemical Health Commission. V. REPORTS -COMMITTEES/COMMISSIONS There were none. VI. CONSENT AGENDA 1. Minutes of December 3, 2002, City Council Meeting 2. Minutes of December 10, 2002, City Council Work Session 3. Miscellaneous License Applications 4. Approve 3.2 Beer License for Blake Grocery (CR2002-200) 5. Adoption of Year 2003 Meeting Calendar (CR2002-199) 6. Second Reading of Ordinance 2002-885, Extending the East End Moratorium 7. Second Reading of Ordinance 2002-887, Extending the Moratorium on the Issuance of New Off-sale Liquor, Tobacco, and Fireworks Licenses December 17, 2002 City Council Meeting Minutes Page 1 Council Member Brausen moved and Council Member Jensen 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. VII. NEW BUSINESS 1. Adoption of Resolution 2002-1 12, Approving the 2002 Tax Levy Collectible in 2003 and Adopting the 2003 General Fund Budget (CR2002-1 94) Lori Yager, Finance Director, presented the 2003 budget. The recommended spending in the general fund is $8,537,306 and the tax levy is $7,062,252. The levy includes provisions for general fund operations, the new facility debt, other debt obligations, and PERA contributions. A public hearing was held on December 9, 2002. Council Member Rowan moved and Council Member Johnson seconded a motion to adopt Resolution 2002-1 12, approving the 2002 tax levy collectible in 2001 and adopting the 2003 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. Adoption of Resolution2002-1 13, approving the HRA tax levy, collectible in 2003 (CR2002-195) The City has some real costs associated with administering the operating costs of the HRA. There are strict and technical limits on tax increments used for these purposes. In 2002 the City implemented an HRA levy. The maximum levy allowed for the HRA is .0144% of taxable market value. The maximum for 2003 is S 153,486. A public hearing was held on December 9, 2002. Council Member Jensen moved and Council Member Brausen seconded a motion to adopt Resolution 2002-1 13, approving the HRA tax levy collectible in 2003. 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. December 17, 2002 City Council Meeting Minutes Page 2 3. First Reading of Ordinance 2002-886, changing the term limits and Council representation of the Park Board (CR2002-189) The current term of Park Board Members is two years. They are limited to serving two consecutive terms. Some members have expressed concerns that this is just barely enough time to become comfortable with the position and it is time to leave. The Park Board is recommending that members be allowed to serve three terms. The ordinance will also reflect the practice of having a staff member serve as the Council's liaison. Council Member Johnson said that the members should be told that in the event that they wanted to discuss an issue with a Council Member or have a Council Member attend a meeting, they should call one of the members and make that request. Mayor Maxwell said that he was going to suggest that the Council discuss this at a work session and possibly designate Council Members for Commission members to call. Council Member Brausen moved and Council Member Jensen seconded a motion to adopt Ordinance 2002-886, amending Hopkins City Code Sections 200.03 and 335.01. 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. First Reading of Ordinance 2002-888, amending Section 405 - Property Maintenance Code (CR2002-196) In addition to editorial changes and relocation of sections for clarity, the substantive changes are: 1) Adopts the most current edition of the International Property Maintenance Code; 2) Provides exceptions for cooking devices in rooming units; 3) Sets room sizes and addresses overcrowding of dwellings; and 4) Adds language regarding administrative citations. The new code is a companion code of the building and mechanical codes and is designed to work with them. Exceptions are provided for cooking devices in rooming units. The IPMC fails to recognize that some hotels and motels offer coffee makers, microwave ovens, and popcorn poppers in the rooms. Another modification sets minimum room sizes consistent with the building code and addresses overcrowding of dwellings by actual conditions rather than strictly square footage. December 17, 2002 City Council Meeting Minutes Page 3 Council Member Rowan asked how the section of the ordinance dealing with occupancy would be enforced. Staff answered that the enforcement would be a judgment call of the inspector. Council Member Johnson moved and Council Member Rowan seconded a motion to approve Ordinance 2002-888 for first reading. 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. 5. First reading of Ordinance 2002-889, Amending Section 406 -Truth in Housing Code (CR2002-198) Some of the revisions are editorial changes and relocation of sections. These changes were made for clarification. There are more substantive changes, including: 1) a number of new definitions; 2) the ordinance has been reorganized to group like regulations; 3) a process for suspension or revocation of evaluator's licenses has been added; 4) items requiring mandatory correction have been clarified; and a process has been added to address failure of the seller to have atruth-in-housing evaluation completed. The changes will diminish the potential for confusion and there will be less discretion needed to conduct inspections, provide a process for suspending or revoking an evaluator's license, and provides remedies for failure to comply. Staff responded to questions about forms, responding that the items listed on the forms have not changed. The directions on the form and format of the forms are what have changed. The Council and staff discussed the process of licensing evaluators. Council Member Rowan moved and Council Member Jensen seconded a motion to approve Ordinance 2002-889 for first reading. 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 December 17, 2002 City Council Meeting Minutes Page 4 6. First Reading of Ordinance 2002-890, Amending Section 407 -Rental Licensing Code (CR2002-198) Some of the changes are editorial changes and relocation of sections for clarity. The more substantive changes include: 1) Changes the focus of the ordinance from registration to licensing; 2) Exempts dwelling units under the control of the City from paying license fees; 3) Addresses issues related to conduct on residential premises; 4) Clarifies the section of the code related to suspension or revocation of a license; and 5) Adds a no retaliation clause to the ordinance. In response to Council Member Johnson's question, staff stated that we currently charge a fee for registration. Those fees are being reviewed to see if the cost of the program is being covered. Licensing provides greater control if the property is not properly maintained. Control of conduct could result in the not allowing the dwelling to be rented. The no retaliation clause could protect an occupant from retaliation for reporting illegal activity. The section related to suspension or revocation was revised to clearly spell out the process to be followed. Council Member Brausen asked if the Apartment Management group has looked at the ordinance. Staff responded, that they have not, however, they could review it and offer comments before the second reading. Council Member Brausen moved and Council Member Rowan seconded a motion to approve Ordinance 2002-890 for first reading. 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. 7. Approval of Construction Change Order -Lake Street Bridge Project, Project 99-03 (CR2002-193) Lunda Construction Co has requested additional compensation for the project because of project delays, additional general contractor mark-up on subcontractor work and for other unpaid work. The request totaled $62,303.33. The City incurred additional engineering costs of $7,000 due to the sanitary sewer force main break. City staff has negotiated a settlement amount of $19,451 .10, $4,451 of which was undisputed and is additional work for a driveway, additional rebar and Lunda Construction work on wood piling removal. December 17, 2002 City Council Meeting Minutes Page 5 Council Member Brausen moved and Council Member Johnson seconded a motion to approve additional construction costs in the amount of $19,451 .1 for construction work and settlement of claims by Lunda Construction Co and its subcontractors on the Lake Street Bridge reconstruction project. 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. VIII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:40 p.m. Respectively Submitted, err Ob maier, City Clerk ATTEST: Eug J. Maxwell, Mayor December 17, 2002 City Council Meeting Minutes Page 6