10-18-05A regular meeting of the Hopkins City Council was held on October 18, 2005, 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 Getschow, Genellie, Stadler, Harkess,
Reid, and City Attorney Jerry Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:31 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none.
III. REPORTS -COMMITTEES/COMMISSIONS
There were none.
IV. PROCLAMATION
1. Toastmasters, Elke Stephan
Elke Stephan, Area Governor, accepted a proclamation acknowledging the 81St
anniversary of the Toastmasters International.
V. PRESENTATION
1 . School District Referendum Levy
Dale Feste, School Board Chair, and Susan Scharenbroich, School Board Member
came forward and explained that the referendum levy on the ballot is a renewal of
three past levies that were combined into one. The three levies would expire in
2008, 2010, and 2012. They would be combined at this into one levy that will
expire in ten years. Mr. Feste stressed that this is not new money to the School
District, but a continuation of funds that have been approved in the past.
Council Member Rowan moved and Council Member Brausen seconded a motion to
adopt Resolution 2005-099, Resolution in Support of the Hopkins School District 270
Excess Operating Levy Renewal. 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.
~~ 2. Long Beach, Mississippi Project
October 18, 2005 City Council Meeting Minutes Page 1
Chief Reid gave a report of the work that has been done to support the employees of
the City of Long Beach MS. Eight Hopkins City staff members drove to Long Beach
MS to serve a picnic to the employees of Long Beach and their families. Chief Reid
showed pictures of the destruction in Long Beach.
3. Scanning Project
The City Clerk reported on the completion of the scanning project that the Council
approved in June 2004.
VI. CONSENT AGENDA
1. Minutes of October 4, 2005 City Council Meeting
2. Minutes of October 4, 2005 City Council Work Session
3. Minutes of October 1 1, 2005 City Council Work Session
4. Resolution for Minnehaha Creek Watershed District (CR2005-142)
5. Bus Depot Resolution (CR2005-143)
6. Assessment for 31-20th Ave S (Memo)
Council Member Rowan moved and Council Member Johnson 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.
VII. NEW BUSINESS
1. Indemnity Agreements (CR2005-144)
At one time, the City owned the property that is currently Justus Lumber. The site
was used as a manufactured gas plant and a burn and fill municipal solid waste refuse
site. In the 1970's the property was purchased by Justus Lumber and has operated
as a lumberyard since that time.
Justus Lumber sold the business to Scherer Brothers Lumber in 2001 to operate a
similar business. The owners of Justus Lumber retained ownership of the land and
have been leasing the land to Scherer Brothers for more than four years.
In 2001, the City entered into identical indemnity agreements with both Justus and
Scherer that provided them with protection against potential negative impacts of
contamination issues. This keeps the site viable and marketable within the City as a
commercial use. Both parties are now requesting an amendment to the agreements
with the City by extending them to coincide with an extended lease between Justus
and Scherer.
October 18, 2005 City Council Meeting Minutes Page 2
The City Attorney has drafted the amended agreements. All parties have approved
the agreement. The agreement will be in effect as long as the lease is in effect and
will end when the lease ends. This action will not add to the City's liability.
Council Member Johnson moved and Council Member Brausen seconded a motion to
approve Resolution 2005-100, A Resolution approving amendments to current
indemnity agreements between Justus Corner, Inc. (formerly Justus Lumber- and
Royal Lumber, LLC. And the City of Hopkins for the property at the corner of
Excelsior Boulevard and 1 1 th Ave knows as Justus Lumber property. 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.
2. First Reading Liquor Ordinance Revisions (CR2005-141)
Section 1200 of the Hopkins City Code, Sale, Consumption and Display of Alcoholic
Beverages was revised in December 2004. The ordinance was reviewed after
compliance checks and training. Comments were received from the businesses that
were affected. Staff believed clarification was needed regarding penalties, time frame
for administrative hearings, Best Practices Penalty Grid and the computation of time
for violations. All liquor licensees were notified by letter of the proposed changes.
No responses were received. Reduce the Use Coalition supports the revisions.
Council Member Brausen moved and Council Member Rowan seconded a motion to
approve Ordinance 2005-959 for first reading. 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. Quarterly Financial Report (Memo)
Christine Harkess, Director of Finance, gave a power point presentation of the third
quarter finances.
VIII. ADJOURNMENT
Council Member Johnson announced that she will retire from the City Council on
November 2, 2005. Ms. Johnson stated that she and her husband have purchased a
business in Northern Minnesota and will be moving out of Hopkins. November 1 S` will
be her last meeting.
October 18, 2005 City Council Meeting Minutes Page 3
There being no further business, Council Member Thompson moved and Council
Member Brausen seconded a motion to adjourn the meeting. The meeting was
adjourned by unanimous consent at 8:30 p.m.
Respectfully Submitted,
Terry Obermaier, City Clerk
ATTEST:
~~
Eugene . M wel , Mayor
October 18, 2005 City Council Meeting Minutes Page 4