08-10-04 WSAugust 10, 2004
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MINUTES
CITY COUNCIL WORK SESSION -August 10, 2004
A work session of the Hopkins City Council was called to order by Mayor Gene
Maxwell at 6:15 p.m. on August 10, 2004, at the City Hall. Council members Brausen,
Johnson, Rowan and Thompson were present. City personnel present were: Acting City
Manager Jim Genellie; Public Works Director Steve Stadler, and City Attorney Jeremy
Steiner.
City Attorney Curtiss Wynn introduced Attorney Jason Hutchinson to the Council
before the meeting.
At 6:40 Ms. Johnson moved to have a closed session on the Blake School settlement
and the Ugorets lawsuit. Mr. Thompson seconded. Approved 5-0.
At 7:55 Mayor Maxwell re-opened the City Council work session.
Shady Oak Road Project Discussion
Mr. Stadler said the county is putting together a report to the Minnetonka and
Hopkins councils laying out a couple of alternatives. He would like to come back August 31
to talk about the roadway, design, volumes of traffic, etc. Later, perhaps in October, he
would be able to present a more complete report with alignment options, development areas,
property impacts, the public process, etc.
Answering Council member questions, he said there will first be a meeting with Gus
of Hennepin County, then a joint meeting of the city councils. He feels construction will not
start unti12007-08, although property acquisition may start in 2006. Projected roadwork is
from Excelsior Blvd. to Highway 7, but he agreed it is likely this will be extended further
south later. It has been agreed it would be helpful to split property impacts between the
cities. Staff will be meeting with Blackstone of the County. The County wants to make the
road 4-lane. He has told County personnel they should explain to the Council why a 4-lane
is needed rather than a 3-lane when they meet.
The Council expressed concern how this would affect businesses. Mr. Stadler said
the County tries to relocate businesses. He will ask for further information on that program.
General Consensus was more information is needed about the County's relocation
program. The Council will not do any notification to businesses until they have some firm
details about the project and can answer questions.
Discussion of Smoking Ban
Mr. Genellie said he had gathered material on banning smoking to help the Council
make a decision if they should do anything or not.
Mayor Maxwell mentioned the meeting St. Louis Park had a month ago where they
had asked mayors of other cities about a joint venture regarding the smoking ban. There had
been talk of contacting the AMM and League of Cities. He thinks a resolution to support the
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County will be up for a vote in a couple weeks there. Lakeshore Weekly News has a current
article on Minnetonka. He has talked to Mainstreet, Decoy's and Mitch's personnel; they all
said they do not want to see such a ban, but also see where it makes sense to support a
county-wide ban.
He asked about private clubs. Mr. Genellie said some cities exempt private clubs,
some do not. Mr. Rowan noted the usual exception is just hotel rooms. He added he thinks
the County will want to act by the time the ban already passed by Minneapolis goes into
effect, he thinks in March, 2005.
Mr. Thompson said he would not be willing so support any resolution supporting
banning smoking. He feels it limits people's abilities to make a living, and tobacco is a legal
substance. He feels each business owner should be able to decide the smoking policy for his
business. His biggest "sticking point" is where will people be able to gather to watch sports
games while they smoke?
Ms. Johnson agreed. She feels if it is a health issue, it should be voluntary banning
by business owners. She has had no calls from concerned Hopkins residents.
Mr. Rowan noted liquor is legal, but rules apply where it can be drunk.
Mr. Genellie noted the government controls use of many chemicals in private
businesses.
Mr. Brausen said he agreed with the premise that owners should be able to decide if
they wanted to allow smoking or not in their businesses. He also sees where it is a health
issue. One issue he is concerned with is how the Council will be able to air the issue out in
public.
Mayor Maxwell asked how could the city enforce such a ban.
Mr. Rowan said he felt that for the greater good the ban should be supported. He
feels if he smoked he would not have the right to blow smoke in other people's faces. The
ban says there are certain places people cannot smoke, it does not eliminate the right to
smoke. He is not as concerned about enforcement as he is about setting the rules. He asked
what draws crowds to Hopkins bars and was told live music with no or a low cover charge.
Mayor Maxwell said he would be willing to support a resolution to support the
County studying the situation. He does not feel the Council should pass any such ban for
Hopkins. Mr. Rowan said he had adjusted his first views to where he would agree with
Mayor Maxwell that a ban for Hopkins is not a good idea. He does, however, fully back the
idea of a resolution supporting aCounty-wide ban.
A short discussion on getting feedback from the community followed.
General Consensus was to meet with people from the bars, restaurants and private
clubs -anyone holding food or liquor licenses - on September 13 at 8:00 p.m. Mr. Genellie
will see that letters are sent out.
Discussion of Preliminary Budget and Levy
Mr. Genellie handed out preliminary budget figures based on department heads
feedback. He said he was not sure how those figures impacted the levy rates. He thinks
Hopkins may need to ask Ms. Yager for some help to determine that.
The other big question is the financing of facilities. While the total overall cost is
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below estimates, the police portion is well over budget estimates. As Ms. Yager had noted,
the bonds were issued separately for these so the excess for the public works/fire department
cannot be moved over to the police facility. Ms. Yager had suggested using the excess
public works money to pay down that bond and decrease that portion of the levy and then
levy for the shortage of the police facility. Another option is based on the fact that Ms.
Yager felt Hopkins' reserves were large enough to attract the state auditor's attention.
Perhaps the Council would rather use those reserves for the police facility as it would be a
one-time-only expense.
Mayor Maxwell noted there were no levy limits this year. Mr. Genellie agreed, but
noted that passing a large levy limit and then needing only a small levy would anger many
people. He added he hopes that by the 24~' to be able to give the Council a levy based on the
budget figures he had just handed out. Ms. Johnson noted that of the increase amounts, 10
is for additional ongoing costs for the new facilities buildings and 10 % is for adding
personnel. Mr. Genellie added that the estimates break-down and information from Kraus-
Anderson as asked for by Council is being worked on at present.
City Manager Qualifications
Mayor Maxwell briefly updated and summarized the process of prioritizing City
Manager qualifications.
Other
Mr. Brausen asked about road signs. Mayor Maxwell said he will order them after
consulting with Mr. Stadler on the wording needed. He will then a-mail other council
members for feedback.
Ms. Johnson asked about parking, citing National Night Out parking near the
Regency, the Friday/Saturday night signs along 2"~ St. and surrounding area, the remaining
No Parking that was originally put in because of Alliant Tech and which no longer is an
issue.
Mr. Thompson asked if a response had been received from Ms. Sanders. Mr.
Genellie will follow up on that.
Mr. Thompson asked if a digital camera could be purchased to be kept in the Council
chambers. He feels too many opportunities for good city publicity are being missed.
General Consensus was this is a good idea.
He asked when the new finance director would start. Mr. Genellie said August 30.
Mayor Maxwell asked that Mr. Genellie get an update to the Council on the
condition of the Pavilion.
Mr. Genellie said there is a provision in the city code that payment of special
assessments can be deferred for up to 10 years for someone over 65 or with a disability.
There are 3 out now. One has just hit the limit. The original $1300 is now $2429 with
interest and due next year. The woman owns a duplex and has found other options. But
another is due in 2005-6. He checked with the City Attorney. If the Council desires, they
can change the code to agree with state law which allows such deferments until the person
dies, sells the property, or it goes off homestead classification. Those on deferments could
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be grandfathered in. Mr. Brausen asked about duplex vs. single-family requirements. Mr.
Genellie said the qualification is income-based. General Consensus was to draft a change in
the code.
Mayor Maxwell brought up the water meter issue. There was a short general
discussion. General Consensus was that the idea of a per meter credit, regardless of the
number of users for the meter, should be checked into further.
Mr. Thompson moved adjournment. Mr. Brausen seconded. On a 5-0 vote, the
meeting adjourned at 10:05 p.m.
Kasey Kester, Secretary
ATTEST:
Eug a J. axwell, Mayor