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12-21-04A regular meeting of the Hopkins City Council was held on December 21, 2004, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Thompson, Johnson, and Rowan. Also, present were staff members Genellie, Stadler, Harkess, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:35 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Don Roesner, 618 Park Valley Dr W, voiced a concern about feeding wild animals. Mr. Roesner said that there is a high population of squirrels and raccoons in his neighborhood and they have done damage to his home. He feels that the population is so high because neighbors are feeding them. He asked that the Council consider an ordinance making it a nuisance to feed wild animals. Mr. Roesner also stated that there is still a problem with people parking several vehicles on their lots. Jim Genellie stated that Elizabeth Page and Nancy Anderson are enforcing the vehicle ordinances, but there is no ordinance that regulates the feeding of wild animals. Mayor Maxwell stated that the issues would be referred to Nancy Anderson. III. REPORTS -COMMITTEES/COMMISSIONS 1. Chemical Health Commission Bert Schmidt reported on the December 6th Chemical Health Commission Meeting. Vidya Rao was not there for an update on The Depot. The Commission discussed the upcoming Battle of the Bands that will be held by the Depot on New Years Eve. The Hopkins High School will be putting on a program through KHOP on the canine searches. The results of the Minnesota Student Survey have come in and look very promising. It has been brought to the Commission's attention that the Teens Alone has been holding meetings with youth and has found that teens know that drinking and driving is not okay, but see nothing wrong with driving and smoking pot. December 21, 2004 City Council Meeting Minutes Page 1 • Reduce the Use is preparing for the Town Hall Meeting scheduled for Tuesday, February 15, 2005 at the Hopkins Center for the Arts. The keynote speaker will be David Walsh. The Commission discussed the liquor violation ordinance. Kathy Magdal reported that tobacco compliance checks were performed on November 2. All 31 sites that were checked passed. Mr. Schmidt stated that Barbara Mackintosh was re-appointed to the Commission several months ago. The appointment has not been acknowledged by City Hall. Mr. Schmidt asked if staff would do so. IV. CONSENT AGENDA 1. Minutes of December 7, 2004 City Council Meeting 2. Minutes of November 30, 2004 City Council Work Session 3. Minutes of 2004 Budget Public Hearing, December 13, 2004 4. Second Reading, Ordinance Amending City Code, re: Liquor (Memo) 5. Friends of the Library Financial Request (CR200~-196) Council Member Brausen asked to have item five explained. Mr. Genellie said that the Friends of the Library appeared at the November 9`h Work Session and requested a donation of 55,000 from the City to complete the stained glass window project. Mr. Genellie said that the funds would come from the contingency fund. Council Member Rowan 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 Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. V. PROCLAMATION 1. Jim Rhodes Day Mayor Maxwell read a proclamation, proclaiming December 21, 2004, as Jim Rhodes Day in Hopkins. Mayor Maxwell and the Council presented the plaque to Mr. Rhodes and thanked him for the items that he has helped the City of Hopkins with during his term as a legislator. VI. OLD BUSINESS December 21, 2004 City Council Meeting Minutes Page 2 1. Approve Feasibility Report, Order Public Hearing, 2005 Street Improvement Project (CR2004-194) On October 4, 2004, the City Council approved an amendment to the CIP designating the Presidential Avenues North area for street improvements in 2005. At the same meeting, the City Council authorized Bolton & Menk, Inc. to prepare a feasibility report for the planned 2005 street improvements. Marcus Thomas reviewed the scope of the project as outlined in the report. Mr. Stadler then reviewed the financing and the proposed schedule. Robert Shaw, 309 Monroe Ave N, came forward and asked if the roadway by ABM could be expanded. Mr. Stadler said that it will be considered and staff will look at the cost associated with an expansion. Council Member Johnson stated that the no parking restrictions are there since Honeywell and asked if the parking restrictions could be removed. Mr. Stadler stated that they could relax them. Council Member Brausen moved and Council Member Thompson seconded a motion to adopt Resolution 2004-093, Resolution Ordering. Public Hearing, 2005 Street Improvement project, Project 03-10. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS 1. Revision of Legislative Policy 8-B, Roadway Improvements (CR2004-195) Changes to the current Legislative Policy 8-B that would allow the City to partner with property owners in regards to replacement of water services during a street improvement construction project are being proposed. The changes were discussed at the November 30th City Council Work Session. Mr. Stadler reviewed the changes. Council Member Thompson moved and Council Member Brausen seconded a motion to adopt Resolution 2004-094, resolution amending Legislative Policy 8-B, Roadway Improvements to institute a trial policy wherein the City will pay 1 /3 of the cost of private water service replacements for single-family residential properties on the 2005 street improvement project. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. December 21, 2004 City Council Meeting Minutes Page 3 2. Adoption of 2005 Tax Levy and 2005 General Fund Budget (CR2004-193) The City Council and staff have held several meetings in 2004 to prepare for the 2005 general fund budget including two meetings soliciting public comments. The Council adopted budget goals in the spring. Theses goals guided the staff as it prepared budget requests. The budget in its current form recommends spending in the general fund at 58,921,764 and a total tax levy of $8,120,078. The levy includes provisions for general fund operations, PERA contributions, HRA levy, capital funding, the new facility debt and other debt obligations. Council Member Rowan moved and Council Member Johnson seconded a motion to adopt Resolution 2004-092, approving the 2004 tax levy collectible in 2005 and adopting the 2005 General Fund budget. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Authorize Renewal of LMC Insurance Trust Policy (CR2004-192) The League of Minnesota Cities Insurance Trust carries the City's Liability and property insurance. The statutory municipal tort liability limits are 5300,000 per claimant or $1,000,000 per occurrence. The City has, in the past, waived the 5300,000 per claimant limit. The insurance premium will increase approximately 56,000 or 3.9% over last year's premium. The current deductible is $20,000/$40,000 with S 1,000 per occurrence after reaching the maximum of 540,000. There is 593,655 in the insurance risk fund to cover the deductible amounts. Council Member Johnson moved and Council Member Rowan seconded a motion to renew the League of Minnesota Cities Insurance Trust policy and continue to waive the statutory tort liability limits to the extent of the coverage purchased. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT becember 21, 2004 City Council Meeting Minutes Page 4 Mr. Genellie announced that there are no items for the December 28"' Work Session. Mayor Maxwell said that the December 28th Work Session is cancelled unless something important comes up. There being no further business, Council Member Johnson moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:02 p.m. Respectfully Submitted, erry rmaier, City Clerk December 21, 2'004 City Council Meeting Minutes Page 5