04-15-03A regular meeting of the Hopkins City Council was held on April 15, 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, Genellie, Stadler,
Kerrigan, Yager, Elverum, and City Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
III. REPORTS -COMMITTEES/COMMISSIONS
1 . Chemical Health Commission
Katherine Magdal, staff liaison to the Chemical Health Commission, reported for
the commission. At their last meeting, the Commission discussed the Depot
Coffee House's celebration of the 100th anniversary of the Depot building. The
Police Department continues to cover the teen dances and that is going well.
The commission discussed drug awareness. Sharon McDonald just returned
from a meeting with the Viking Council on drug diversion, speaking to youth 12
to 17 and their parents. The Council discussed the abundance of drug dealers in
the schools and how very many of the twelve to fourteen-year olds are very
street wise. The commission was updated on the seat belt awareness
campaign. The Hopkins High School did eleven events on seat belt awareness.
They said that their seat belt usage did increase. They discussed plans for drug
and alcohol awareness for Prom. The Minnetonka Chief of Police is planning to
write letters to all parents asking them to make sure that Prom parties are "no
alcohol" parties and to be aware of where their children are and what they are
doing. The Reduce the Use are having a strategic planning session in May for
the fall Town Meeting.
IV. PROCLAMATION
1 . The Depot Coffee House
Monica Myers, Depot Coffee House Board Chair, announced the celebration of
the 100-year Birthday for the depot building. The event will be held on April 26th
from 3:00 to 7:00 p.m. at the Depot Coffee House. They will have
entertainment, 69 years of Raspberry Royalty and a silent auction.
April 15, 2003 City Council Meeting Minutes Page 1
Mayor Maxwell read the proclamation proclaiming April 26, 2003 as Depot
Coffee House Day.
V. CONSENT AGENDA
1 . Minutes of April 1, 2003 City Council Meeting
2. Minutes of April 8, 2003 City Council Work Session
3. Designate Blake Road South of Excelsior Blvd as MSA (CR2003-067)
4. Revision of Fee for Taxable/Tax Exempt Bonds (CR2003-068)
5. Hopkins Mainstreet II, LLC sub Grant Agreement, Alliant Tech Project
(CR2003-055)
6. Approve Purchase Agreement Rosewood Apartments for Road
Purposes (Cr2003-055)
7. Approve Temporary 3.2 Beer License, Hopkins Area Jaycees
Mainstreet Days (CR2003-061)
8. Second Reading, Ordinance Adopting Minnesota State Building Code
(Memo)
9. Set Public Hearing-Revenue Bond's/Joint Powers Agreement with
MCDA-Augustana Chapel View, Inc (CR2003-060}
Council Member Jensen 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 Rowan,
aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
VI. OLD BUSINESS
1. Charitable Gambling Application, Hopkins Youth Hockey Association
(CR2003-046)
The Hopkins Youth Hockey Association has applied for a premises permit to sell
pull-tabs at Tuttle's Hopkins Recreation. Ms. Obermaier outlined the three areas
where the association did not meet the requirements of the policy. They do not
have a permanent office in the City, they do not have 30 active voting members
as defined by the policy, and there is already a lease for pull-tabs at Tuttle's
Hopkins Recreation.
In response to Council Members questions, City Attorney, Jerre Miller answered
that he would consider that °Location or Office" means a physical location and
the two words are used synonymously. Attorney Miller also stated that two
gambling organizations cannot conduct the same game at the same location.
April 15, 2003 City Council Meeting Minutes Page 2
In Response to Council Member Rowan's question, Ms. Obermaier responded
that the Hopkins Youth Hockey Association Board called a special meeting of the
members and that 141 members voted in favor of having the association sell
pull-tabs.
David Nodell, Attorney for the association, submitted several documents, "for
the record". Those documents were as follows:
Copy of Certificate of Incorporation from 1977
Original articles of incorporation
Certificate of an amendment of the articles of incorporation from 1982
Notice of Change of Registered Office, filed October 14, 1997
Articles of Amendment for the Hopkins Youth Hockey, filed August 26,
2002
Notice of change of Registered office, filed January 16, 2003
Letter from the Internal Revenue Service showing 501 c3 determination.
Certified Copy of amended by-laws in effect from Dec 16, 1996 to June
12, 2001 .
Certified Copy of amended by-laws in effect from June 12, 2001 .
Letter dated April 9, 2003 written by Matt Starr addressing the issues of a
March 25t" Work Session
City of Hopkins 2003 Business License Renewal for operating the
Concession stand at the Hopkins Pavilion.
Portion of Web page showing the Hopkins Youth Hockey Assoc as a major
user.
Attorney Nordell argued that the Association does meet the requirements of the
policy.
The Council and City Attorney discussed the requirement for 30 active voting
members. City Attorney Jerre Miller stated that the City may have more
stringent regulations. Council Member Johnson asked if any of the arguments
have changed the staff recommendations. Attorney Miller answered that he
would like to review all of the documents, including the ones that were
submitted tonight.
Council Member Brausen moved and Council Member Jensen seconded a motion
to continue the item to the May 6t" City Council Meeting. 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. NEW BUSINESS
1 . First Reading, Downtown Design Overlay District (CR2003-046)
April 15, 2003 City Council Meeting Minutes Page 3
In August 2001, a committee of business owners and community leaders began
meeting to create design standards for downtown Hopkins. The Committee
continued to meet through the fall of 2002: The standards and guidelines were
taken to the economic development committee of the Hopkins Business and
Civic Association (HBCA) to solicit input from business owners in the overlay
district. Changes were made to the document based on the feedback that was
received from the HBCA.
Ms. Elverum listed the committee members and said that they are responsible for
the completion of the document. They have all put a lot of effort into the
formation of the document. The members of the committee are: Tina Johnson,
Hopkins Antique Mall, Chair; John Cooley, Frame Design; Hillary Feder, Hillary's
Gifts and Accessories; Herman Strauch, Insty-Prints; Katherine Schipper,
Blossoms Floral; Rick Brausen, Hopkins City Council; Kersten Elverum, City of
Hopkins; Fran Hesch; and Bob Miller.
Hillary Feder described the public information process. John Cooley, HBCA
Board Member, stated that the HBCA approved the document.
Tina Johnson said that she is a member of the Hopkins Historical Society. The
Historical Society is very much in favor of the document.
The .Zoning and Planning Commission has reviewed the document and the
establishment of the overlay district and has recommended approval. If
approved the standards will be incorporated into the Zoning Ordinance and
become enforceable. The Guidelines are suggestions.
Ms. Elverum defined the overlay district, the proposed boundaries, and how
exceptions would be granted.
All current conditions will be allowed to exist. New construction and
improvement projects will be required to comply.
Council Members discussed the exceptions and what would require Zoning and
Planning and City Council approval.
Council Members discussed enforcement. Staff stated that Nancy Anderson,
Zoning Administrator, would enforce the standards. Staff will research if the
Administrative Hearing Process can be used for enforcement.
All effected property owners will be notified of the requirements. New owners
will be notified and owners who take out building permits will be notified.
Apri! 15, 2003 City Council Meeting Minutes Page 4
Council Member Brausen moved and Council Member Johnson seconded a
motion to approve the Downtown Overlay District Design Guidelines and adopt
Resolution 2003-35, approving Ordinance 2003-900, creating a downtown
overlay district 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. 2003 First Quarter Financial Report
The Finance Director, Lori Yager, reviewed the first quarter finance of the City.
2003 revenues are up, while expenditures are very close to last year at this
time. The city is in good financial health.
No action was taken.
3. APPROVE 2003 POLICE OFFICER'S CONTRACT
The Police Officer's Contract calls fora 1 % wage increase effective January 1,
2003 and a 2% wage increase effective June 29, 2003. Officers will also
receive an additional $0.25 per hour increase effective January 1, 2003. The
total cost of the contract is approximately what was budgeted.
Council Member Johnson moved and Council Member Brausen seconded a
motion to approve the 2003 Contract for the Police Officer's. Union. 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. APPROVE 2003 SERGEANT'S CONTRACT
The Sergeant's contract calls fora 1 % wage increase effective January 1, 2003
and a 2% increase effective on June 29"'. There will also be an additional $0.35
per hour increase effective on March 1, 2003. The total cost of the settlement
is approximately $500 less than budgeted.
Council Member Jensen moved and Council Member Rowan seconded a motion
to approve the 2003 Contract for the Sergeant's Union. 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. APPROVE 2003 DfSPATCHER'S CONTRACT
April 15, 2003 City Council Meeting Minutes Page 5
The contract calls fora 1.5% wage increase effective January 1, 2003 and a
1 .5 % wage increase effective June 29, 2003. The dispatchers will also receive
an additional 50.20 per hour effective June 29, 2003. The total cost of the
settlement is approximately 51,200 less than budgeted.
Council Member Rowan moved and Council Member Johnson seconded a motion
to approve the 2003 Contract for the Dispatchers Union. 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 p.m.
Respectively Subm
erry Ober~riaier, City Clerk
COUNCIL MEMBERS
ATTEST:
Eugene J. M xwell, Mayor
April 1 b, 2003 City Council Meeting Minutes Page 6