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05-06-03A regular meeting of the Hopkins City Council was held on May 6, 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, Stadler, Kerrigan, J. Anderson, N. Anderson, Yager, 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 Judy Reiner, Lana Siera, Anna Bivins and Kathy Fitzgerald came forward. Ms. Reiner stated that she was a Zoning and Planning Commissioner several years ago and that she moved away from Hopkins and has recently returned. She stated that it is good to see that past dreams have become reality. Ms. Reiner introduced the Hopkins Heritage Festival that will be held in conjunction with the Jaycee's Mainstreet Days. The Heritage Festival will be between 1 1 th and 12th Avenue on Mainstreet on May 17th from 9:00 a.m. to 5:00 p.m. Ms. Siera thanked the sponsors who have helped make the festival possible. III. OATH OF OFFICE Craig Reid, Hopkins Chief of Police, introduced three new Reserve Officers, Krystal Marie Pass, Mark David Hamilton and Kevin Lee Frederick. The officers took the oath of office. Chief Reid introduced Robert Scanlon. Mr. Scanlon has been a member of the Hopkins Police Reserve for over twenty years. He has worked full time for the department for the past two years in information technology. Mayor Maxwell read a proclamation thanking Mr. Scanlon for his dedication to Hopkins and for his many hours of volunteer work for the City. IV. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Jay Thompson, Chair of the Zoning and Planning Commission, reported for the commission. The Commission held a public hearing on the Antenna/Tower ordinance. No one came forward at the meeting. The Commission recommended that the Council adopt the ordinance. May 6, 2003 City Council Meeting Minutes Page 1 They also held a public hearing on various amendments to the Zoning Ordinance. This ordinance was mostly a housekeeping ordinance. The Commission recommended adoption of this ordinance also. The Commission discussed the possibility of adding a member of the business community, a business owner, as a member to the commission. V. CONSBNT AGENDA 1 . Minutes of April 15, 2003 City Council Meeting 2. Minutes of April 1, 2003 City Council Work Session 3. Minutes of April 15, 2003 City Council Work Session 4. Minutes of April 22, 2003 City Council Work Session 5. Minutes of April 29, 2003 City Council Work Session 6. Ratify Prior Month's Disbursements 7. Approve Board and Commission Appointments (Memo) 8. Second Reading, Downtown Design Overlay District (Memo) 9. Second Reading, Rental Licensing Ordinance (Memo) 10. Approve Storm Water Pollution Prevention Plan (CR2003-075) 1 1. Approve New Bulk Item Pick up Fees (CR2003-078) 12. Approve Cooperative Agreement with Minnehaha Creek Watershed District (CR2003-076} In answer to Council Member Johnson's question, Mr. Stadler said that item eleven would increase fees for bulk pick-up and drop off. The new fees will go into effect on August 1, 2003. An article in the July Highlights will explain the new fees. The current fees have been in place since 1992. The program has been subsidized at about $35,000 per year. The increase from S15 to $20 for pick-up and $20 per appliance for drop-off will make the program user paid and significantly decrease the subsidy. Mr. Anderson responded to Mayor Maxwell stating that the software for the storm water pollution plan was purchased earlier this year and will significantly reduce staff time of compiling information and composing reports. Council Member Johnson referred to corrections to the minutes of the April 1 5, 2003 City Council Meeting that were given to the Council by the City Clerk, asking that those corrections be made. Council Member Jensen moved and Council Member Brausen seconded a motion to approve the Consent Agenda as amended. 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. May 6, 2003 City Counci{ Meeting Minutes Page 2 VI. PUBLIC HEARING 1 . Revenue Bonds/Joint Powers Agreement with MCDA-Augustana Chapel View, Inc. Augustana Chapel View Homes, is proposing improvements to their nursing home and senior housing at the Hopkins and Minneapolis locations. To finance the project, they have applied to the Minneapolis Community Development Agency to issue revenue bonds in the amount of $1,600,000. Hopkins would not be the issuing agent, but would be required to hold a public hearing, authorize the MCDA to issue the revenue bond, and enter into a joint powers agreement with the MCDA, authorizing the bond issue. These steps are required because a portion of the bond proceeds would be used for the Hopkins facility. The portion being expended in Hopkins is approximately $460,000. Mayor Maxwell opened the public hearing at 8:03 p.m. 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 8:04 p.m. Council Member Rowan moved and Council Member Jensen seconded a motion to adopt Resolution 2003-038, approving the issuance of a revenue bond to finance a project owned by Augustana Chapel View Homes, Inc., and located in part in the City of Hopkins, under Minnesota Statutes, Section 469.152 through 469.1651, and approving a joint powers agreement. 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. OLD BUSINESS 1. Application for Premises Permit, Hopkins Youth Hockey Association (Memol At the April 15"' Meeting, the applicant, the Hopkins Youth Hockey Association, presented a number of documents that were given to the City Attorney, Jerry Miller. The Council continued the item to this meeting to give Mr. Miller time to review the documents that were presented. The City Attorney and City Clerk have reviewed the documents and found nothing in the documents that would change the recommendation that was given to the City Council at the last meeting. The HYHA requested that the item be continued for sixty days. Ms. Obermaier introduced John Anderson, the new Chair of the HYHA. May 6, 2003 City Council Meeting Minutes Page 3 The Hopkins Youth Hockey Association has asked that the City Council continue the item for two months. Mr. Anderson stated that he is the new president and is trying to get up to speed on the issue. The HYHA expended $130,000 in ice fees to the Gity last year. Mayor Maxwell said that the moratorium would seek clarity of the policy for all parties. He did not believe the continuance would solve the issue. The HYHA should be involved in the policy changes. Council Member Johnson agreed that the HYHA should be involved in the policy decisions. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 03-28, resolution denying the application from the Hopkins Youth Hockey Association for a premises permit at Hopkins Tuttle's Family Recreation Center. 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. NEW BUSINESS 1 . First Reading, Tower and Antenna Ordinance (CR2003-071) There is a moratorium in effect on the construction of towers and antennas within the City. Staff obtained several model ordinances for examples and modified them to fit the City's needs. The proposed ordinance allows towers and antennas in the same zoning districts as currently allowed, with the exception of not allowing antennas in the R-1 districts. The proposed ordinance has' more regulations for towers and antennas than the existing ordinance. Ms. Anderson reviewed the changes. The Zoning and Planning Commission recommended approval of the proposed ordinance. Council Member Brausen moved and Council Member Jensen seconded a motion to adopt Resolution 2003-40, approving Ordinance 2003-902, making amendments to the zoning ordinance regarding towers and antennas 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. 2. First Reading, Miscellaneous Zoning Amendments ICR2003-072) Staff has assembled sections of the Zoning Ordinance that need to be updated. The amendments are to correct inconsistencies or problems that have been identified. Others may just need up dating. Several changes are basic housekeeping amendments. Nancy Anderson reviewed the changes and the impacts. The Zoning and Planning Commission recommended approval. May 6, 2003 City Council Meeting Minutes Page ~ Council Member Jensen moved and Council Member Brausen seconded a motion to adopt Resolution 2003-041, approving Ordinance 2003-898, making amendments to the zoning ordinance 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. 3. Approve Revised Business Subsidy Criteria (CR2O03-070) In 1999, the City adopted a policy detailing business subsidy criteria. The policy states the requirements that need to be met by business receiving public financial subsidies from the City. State statute identifies a subsidy as any grant, loan, contribution of property except subsidies of less than $25, 000, assistance for housing or pollution control or assistance for the sole purpose of renovating older decaying buildings. Mr. Kerrigan reviewed the changes in the policy. Council Member Rowan moved and Council Member Johnson seconded a motion to approve amended Business Subsidy Criteria Policy. 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. Resolution on Voting Equipment (CR2003-077) The HAVA State Plan Committee will be making recommendations about new voting equipment in Minnesota. The Hopkins Charter Commission decided that it was prudent to have any new voting equipment at least have the capability to support alternative voting methods should such methods be desired in the future. Fran Hesch, 246 - 5t'' Ave N, the co-chair of the Hopkins Charter Commission, answered questions for the Council. Council Member Rowan stated that this is to express our desire to have the option to be able to count second choices. Ms. Hesch said that this is correct. The Charter Commission is not recommending a change to the way Hopkins votes. They are recommending that the City advocate that the HAVA Planning Committee recommend that the equipment that is approved by the State have the capability to count alternative methods of voting. Council Member Jensen suggested that the resolution should be amended to reflect that if Hopkins purchases equipment or expends funds on election equipment in the future, the equipment should have the capability of counting alternative methods. Tony Solgard, president of Fair Vote Minnesota came forward. Mr. Solgard reviewed the purpose of Fair Vote. May 6, 2003 City Council Meeting Minutes Page 5 Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Resolution 2003-042, urging the HAVA State Plan Committee to require that any new voting equipment have the ability to handle ranked ballot voting and to include an additional "Therefore" clause in the resolution requiring the City of Hopkins to study the feasibility of including the upgrading of voting equipment to accommodate alternative voting methods if the City expends funds on voting equipment. 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. Approve 2003 HMEA contract {CR2003-073) The HMEA contract calls fora 1 .0% increase to wages effective on January 1 , 2003 and 2.0% effective June 29, 2003. All HMEA members will also receive an increase of $0.15 per hour beginning June 29, 2003. The wage settlement will be $9,000 less than budgeted for 2003. Council Member Rowan thanked Mr. Genellie for his work with the contract negotiations this year. Council Member Rowan moved and Council Member Jensen seconded a motion to approve the 2003 Contract for the Hopkins Municipal Employees Association, HMEA. 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. A new item was added to the agenda. 6. Authorize the Sale of G.O. Storm Sewer Revenue Bonds, Series 2003A Finance has made a determination that it is financially beneficial to issue the General Obligation Storm Sewer Utility Bonds under existing market conditions and at the same time as the HRA Lease Revenue Bonds. The City will save on bond issue costs for the issue. Current and future projects of the Storm Sewer fund qualify for bond issue. The funds will pay for 2001 , 2002 and 2003 projects. The approximate total is $1,624,000. The term of the bonds is fifteen years. The bonds will be paid for by an increase to the storm sewer rate. The projected rate increase is approximately $0.20 per month. The last time the storm sewer rate was increased was in 1999. Council Member Jensen moved and Council Member Rowan seconded a motion to adopt Resolution 2003-045, authorizing the sale of General Obligation Bonds for the Storm Sewer fund projects. A poll of the vote was as follows: Council Member May 6, 2003 City Council Meeting Minutes Page 6 Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. Mr. Mielke announced that the June 3 meeting will start at 8:15 p.m. The HRA meeting will start at 8:00 p.m. IX. 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 8:55 p.m. Respectively Submitted, 4 Ot~r)f"~n~er, City Cler ATTEST: ~/ , L 1~~~ Euge e J. axwell, Mayor May 6, 2003 City Council Meeting Minutes Page 7 COUNCIL MEMBERS