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10-17-06A regular meeting of the Hopkins City Council was held on October 17, 2006, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Youakim, Thompson, Rowan, and Halverson. Also, present were staff members Getschow, Genellie, Stadler, Larson, Page, Harkess, and City Attorney Jerry Steiner. 1. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. OATH OF OFFICE The Oath of Office was administered to Abdililauh Mohamud. Mr. Mohamud was appointed to the Human Rights Commission IV. PROCLAMATION 1 . Manufacturer's Week 2. Eat. Talk. Connect 3. Toastmasters Representatives of the Minnesota Manufacturers were present to receive the proclamation. V. REPORTS -COMMITTEES/COMMISSIONS There were none VI. CONSENT AGENDA 1 . Minutes of October 3, 2006 City Council Meeting 2. Approve Hennepin County Construction Cooperative Agreement, CSAH/73 BNSF Bridge Replacement (CR2006-1 17) Mr. Stadler explained that the bridge replacement concerned the bridge on County Road 73 that crossed over the railroad tracks. This project will require that County Road 73 (Hopkins Crossroads) be closed north of Minnetonka Boulevard from April October 17, 2006 City Council Meeting Minutes Page 1 to November of 2007. The City of Minnetonka will also be constructing a pedestrian trail during this period. Council Member Rowan moved and Council Member Thompson seconded a motion to approve the Consent Agenda as amended. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. PUBLIC HEARING 1 . Miscellaneous Assessment Hearing (CR2006-1 17) The proposed special assessments are for delinquent utility bills, citations, and invoices that have not been paid. Notices of this hearing were published, and mailed to affected property owners, along with assessment statements. Staff reviewed the appeal process. One appeal was received prior to the meeting. The appeal was for the cancellation of the assessment on four delinquent citations totaling $800.00 ($600 for the citation fines and $200 in service charges) for failure to remove junk vehicles and failure to remove open storage. The property owner states in their appeal that they were unaware of the citations because they were not sent to their home in Minnetonka. Staff recommended that the assessment amount be reduced to $175.00 to cover the cost of many hours of staff time spent on this property. A memorandum from Elizabeth Page, Housing Inspector was given to the Council explaining the issues with the property. Three other amendments were made to the assessment roll. An assessment amount was reduced due to a prior agreement, payment was received on another assessment, and there was improper notice on a third assessment. Mayor Maxwell opened the public hearing at 7:40 p.m. No one came forward. Council Member Thompson moved and Council Member Halverson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7:41 p.m. Council Member Thompson moved and Council Member Rowan seconded a motion to adopt Resolution 2006-069, Resolution for Adoption of Assessment Roll, 2006 Miscellaneous Special Assessments with the changes that were recommended by staff. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. October 17, 2006 City Council Meeting Minutes Page 2 2. Renewal of Currency Exchange License for Pawn America (CR2006-1 15) Pawn America has applied to the Department of Commerce for a renewal of their Currency Exchange License. Staff reviewed the process. Mayor Maxwell opened the public hearing at 7;42 p.m. No one came forward. Council Member Halverson moved and Council Member Youakim seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 7: 43 p.m. Council Member Rowan moved and Council Member Youakim seconded a motion to Adopt Resolution 2006-068, Resolution Approving the Renewal of a currency Exchange License for Pawn America. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. NEW BUSINESS 1. First Reading, Ordinance Amending Nuisance Abatement (CR2006-1 ZO) This ordinance will amend Sections 615, 820, and 355 of the City Code. The changes are being requested to expedite the nuisance abatement process, add definitions and remove redundant language, and increase and simplify administrative citation fees resulting in an improved overall appearance of the City. Merwyn Larson, the Building Official, explained the proposed changes: 1 . Changes to Section 615 would provide immediate abatement of nuisance conditions following the deadline for removal and would replace the City Council appeal process with an administrative hearing before a hearing officer. 2. Remove the requirement to cut or remove weeds, grass, or other rank vegetation growth from Section 820.03. Weeds and overgrown grass are currently identified as nuisance and authorized for abatement in Section 615. 3. Change the minimum fine for first offense to $200 unless specified otherwise in the resolution, and insert language to clarify that the fine for each repeat or continuing violation within 24 months be doubled to a maximum of $2,000.00. The change would also remove the Administrative Citation Fine Schedule from Section 355 and adopt a new revised schedule of fines by resolution. October 17, 2006 City Council Meeting Minutes Page 3 Mayor Maxwell asked if the City Attorney had reviewed the ordinance. Mr. Larson said that Wynn Curtiss did suggest some changes. They will be added prior to the second reading. Council Member Halverson moved and Council Member Thompson seconded a motion to adopt Ordinance 2006-975 for first reading. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. First Reading to amend Ordinance for CBD Snow Removal (CR2006-1 16) There are several Central Business District property owners who do not clear the snow from sidewalks in front of their buildings soon enough to allow Public Works crews to pick up the sidewalk snow during street snow clean-up operations. Currently the ordinance allows the owner 48 hours to remove the snow after they have been notified to do so. This ordinance change would allow only 24 hours after notice. Staff would take the proposed changes to the HBCA for concurrence prior to the second reading of the ordinance on November 7th. If the revision is approved, informational letters will be sent to all businesses and property owners. Mayor Maxwell pointed out that the 24 hour rule would only affect the Central Business District. The rest of the City would remain at 48 hours. Council Member Rowan asked how property owners would be notified of the costs. Mr. Stadler said that the owners would be invoiced. Council Member Thompson moved and Council Member Youakim seconded a motion to adopt Ordinance 2006-974, amending City Code Section 820, for first reading. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Approve Sanitary Sewer Dump Station Agreement (CR2006-1 18) The cities of St. Louis Park, Edina and Hopkins and the Environmental Services Division of the Metropolitan Council have been planning on an initiative to construct a facility to dump sanitary sewer and storm sewer grit material so that it can be properly disposed of. The material is the solids that are removed from sanitary sewer pipes, lift stations, storm sewer catch basins, or grit chambers when they are cleaned. The facility would be located in, and operated by, St. Louis Park. The four participants would contribute equally toward the design/construction costs. Hopkins' cost would be $62,000. The annual cost for disposal service is estimated to be less than $1,000. October 17, 2006 City Council Meeting Minutes Page 4 Council Member Thompson moved and Council Member Rowan seconded a motion to authorize the Mayor and City Manager to sign an agreement between the cities of Hopkins, St. Louis Park, Edina and the Metropolitan Council for the construction and operation of a sanitary sewer dump station in the city of St. Louis Park. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 4. Third Quarter Financial Report The Finance Director, Christine Harkess, presented a financial report of the third quarter. No action was taken. IX. ADJOURNMENT Mayor Maxwell said that the dedication of the new Excelsior Crossing project would take place on October 24. There being no further business, Council Member Youakim moved and Council Member Rowan seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:30 p.m. Respectfully Submitted, Jim Genellie, Assistant City Manager ATTEST: G° Eugene xwell, Mayor October 17, 2006 City Council Meeting Minutes Page 5