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05-24-05 WS• MINUTES OF THE CITY COUNCIL WORK SESSION MAY 24, 2005 A work session of the Hopkins City Council was held on May 24, 2005, at the Hopkins Center for the Arts. Mayor Maxwell called the meeting to order at 6:10 p.m. Present were Mayor Gene Maxwell, Council Members Rick Brausen, Diane Johnson, Bruce Rowan, and Jay Thompson. City Manager Rick Getschow, Planning & Economic Development Director Jim Kerrigan, Housing & Development Coordinator Kersten Elverum, and Sid Inman of Ehlers & Associates were also present. Block 64 Project Mr. Kerrigan provided an overview of the draft development agreement, including the proposed requirements of the developer. Mr. Kerrigan explained Steve Flanagan, GPS Financial, has requested that the development agreement reflect asix-year project schedule; that the City guarantee a 3.5 percent inflation rate; relocation money to be paid out of construction financing dollars; and, that the deposit for the purchase of Park Plaza be a negotiable item. Mr. Kemgan stated that legal and financial counsels have advised against these conditions. Mr. Kerrigan informed the Council that we have not received a financial commitment or letter of interest as required in the preliminary development agreement, nor have we received the project financials needed to fully analyze the financial feasibility of the project. Mr. Inman explained the risks of what Mr. Flanagan has proposed and that a City guarantee is a G.O. guarantee. Mr. Inman sated that he is not sure the City is legally authorized to provide a guarantee. Mr. Kerrigan explained that what is detailed in the development agreement is what staff feels comfortable with. Council Member Brausen asked why financial information has not been provided. Mr. Kerrigan indicated that the developer is still working on development costs. Mr. Kerrigan explained that the possibility of condemnation creates difficulty in this project. GPS Financial will be invited to discuss the draft agreement at the June 7, 2005, City Council work session. The meeting recessed at 6:45 p.m. for the City Council to attend the GED graduation. The Council reconvened at 8:00 p.m. Review of City Attorney Services City Manager Getschow said an in-house questionnaire which had both check-off areas and room for person comments had been given to staff members that work with the city attorney's office. Following Council feedback, Attorneys Steiner and Curtiss will be brought into the process. Mayor Maxwell commented he would like feedback from the attorneys on how they think they are doing. Ms. Johnson said she would like a copy of the old proposal about hourly fees, services they can provide, etc. that was in an old work session packet; Mr. Getschow will try to find it. Mr. Getschow said in general the staff feels the city attorneys do a good to excellent job. • The only aspect marked "fair" was the time to record mortgages. Reasons given for the good ratings were convenience, being able to meet with them whenever needed, that they get back to • staff members. 80% feel the services are good to excellent. Asked if the city should look elsewhere, staff felt it should be done only if there were a cost issue involved. No one had an issue with the quality of the work done. The only issue was turn around time, but staff felt that was not enough of an issue to want to change attorney firms. Mr. Rowan asked what staff was comparing the turn-around time to -other departments, other attorneys, past experience, etc. Mr. Getschow said he thought it was their own expectations and experience with other consultants. Mayor Maxwell asked if any Council members felt they didn't get what they wanted. Mr. Rowan said the attorneys have always been clear if they did not know the answer and never gave bad information. Mr. Brausen said there have been a few times he has felt uncomfortable; one example was during discussions of eminent domain re Block 64 when he felt the city attorney represented a perspective that the council was not yet at. He felt he was hearing a result without hearing the conversation that led to it and that the attorney maybe stating an opinion that the council had not yet asked about it. This is especially a concern when it is done before a roomful of people. He also gave an example of where a Zoning and Planning Commission member directly contacted the City Attorney. Is that appropriate? Overall, he is a little unclear as to what the procedure is for the attorney to report to the Council- what is the chain of command. He wishes to know more about the role of the city attorney in conducting business prior to a presentation at a Council meeting. The staff works with the attorney more than the council does; how does that fit in? He said he was not complaining about the city attorney, but expressing concerns he feels. • Mr. Getschow said he was unsure if there is a policy regarding Zoning and Planning Commission members talking directly with the city attorney. Mayor Maxwell said he felt they should go through staff. If this is not policy, it should be. Council members can go directly to the city attorney, but not members of commissions. There was discussion of the absence of a city attorney at the SuperValu hearing. Mr. Thompson noted Jerre Miller had always been present when any variance was discussed. Mayor Maxwell noted that was before budget cuts had to be made a couple years ago. Mr. Brausen added city staff was to notify the city attorney when he would be needed; he feels the attorney's absence was due to faulty communication, not the city attorney's fault. Mr. Rowan noted any time a crowd is anticipated, the city attorney should be notified to be there. Mayor Maxwell noted Paul Swanson had asked him to "light a fire" under the city attorney on his property. This is another time issue. Mayor Maxwell agreed Mr. Steiner knows a lot, and Mr. Getschow added he is very straightforward with his information. Mayor Maxwell said he saw the issue as the need to fine- , tune policies and to discuss a few issues. Ms. Johnson asked how staff knew the city attorney charges the same as those of other cities. Mayor Maxwell said a few calls were made. Mr. Getschow noted those were relative to attorneys specializing in municipal law. Ms. Johnson said she thinks a real RPF should be done. Mr. Brausen said he thinks both attorneys do a fine job and does not want them to feel threatened, but agreed Ms. Johnson had a good thought. Ms. Johnson noted the city could find no one else wants the job. Mayor Maxwell said he thought a RFP should wait a year, that this year there should only be a discussion with the attorneys. Mr. Thompson agreed it should not be done now. Mr. Getschow noted that an RFP needs to have a serious intent behind it, or later RFP's won't get a response; some cities put it in their policies to do RFP's every 3 or 5 years. Mr. Rowan said he felt an RFP should be done on a schedule, such as every 3 years. Mayor Maxwell suggested an RFP be done for the 2007 budget. Mr. Getschow suggested adding the auditor. General Consensus was that RFP's should be done for both city attorney and city auditor for the 2007 budget. A review with the city attorneys should be held before or after a regular council meeting; staff should confer with them as to the date. 2005-2006 Goals and Objectives Mr. Getschow said he had worked off the 2004-OS goals as a template as was discussed in March. He wanted general goals that could continue from year to year. What he feels is important is having action steps for each goal; this would allow evaluation of the goals' effectiveness and of staff effectiveness. Ms. Johnson suggested adding Shady Oak Road under IV A "Facilitate Development/Redevelopment throughout the city," commenting she would like more time to study the draft. Others agreed they needed more time to study the draft. Mr. Brausen and Mr. Rowan both said they liked the approach Mr. Getschow had taken. Mr. Getschow noted that the action steps under 1 A "Market Hopkins to the residents, future residents, and the business and development community" were general except for Action 4 "Collaboration with the official city newspaper (Sun-Sailor) -initiate monthly city column." If Council members have specific ideas he would like to add them, such as ideas on how to "enhance the city website." Mr. Brausen commented that the economic development summary that is being assembled by Kersten Elverum was a big piece of that particular action. Mr. Rowan added he feels there is no better way to reach the public, and Mr. Getschow commented Kersten is working on the plan. Mr. Rowan and Mr. Thompson both commented that most of the actions are specific and results would be "measurable." Mr. Getschow said nothing has been done yet on II C "Develop feedback systems for Council members," but he is currently working on II B "Evaluation and Review of Employees to assure quality service and leadership" as he is forming a committee to revise the evaluation process for staff. Mr. Brausen noted that Zoning and Planning Commission training is a step being taken for II D "Improve City Council, Board and Commission training." Ms. Johnson suggested that relationships with the Skate Park, Coffee House, HCA, etc. should be included in Goal V "Provide and Nurture Citizen Growth and Development." Mr. Rowan and Mr. Brausen both commented they like the direction Mr. Getschow is taking with this draft. General Consensus was that Council would provide feedback to Mr. Getschow until the Friday before June 14. The 2005-2006 timeline is okay. Mr. Getschow will send out the document in a-mail form. Mr. Rowan requested he be e-mailed at both home and work. Others Ms. Johnson said the bike racks in the city and trail signage were to have been finished by this year. She would like to know when that will be done, adding "We are supposed to be a bike-friendly city." She asked about the Summit open house. Mr. Rowan commented he went through the stand-alone model. Ms. Johnson asked if the dates had been set for McCarville/Mac's Liquor. Mr. Getschow said they had not wanted to start the suspensions based on the days violated, but City Attorney Curtiss says that is required, and must be done within 60 days. Mr. Thompson said Mr. Getschow could tell Ms. McCarville the matter was discussed at the work session and all agree. • Mr. Brausen commented that the Chemical Health Commission felt that an explanation of Best Practices at the beginning of a hearing would be a good thing to do. He felt it would have been helpful for the Council to know more about the settlement conversations that were occurnng. Mayor Maxwell said he would want to be sure there would be no legal issues before doing that in the future. General discussion on public feedback, etc. followed. General Consensus was that they would like the Best Practices grid to be clarified and to clear up ordinance language. Mr. Rowan said he had received a letter from Chris Sidla, a student in West Junior High who thinks the skateboard ordinances are too strict. He responded with a letter of his own and provided that to Council. Mr. Thompson said he had seen an ad in the Star Tribune businesses for sale section that an "auto dealer on Highway 7" was for sale, which would have to be the Town and Country Dodge dealership. How would this affect the moratorium? He feels they should be contacted. Mr. Brausen suggested Beard should be checked with also. Later Mr. Brausen said he feels that if we hear a property is for sale, the city should be proactive. He asked if Economic Development is actively looking at properties when redevelopment is "slow." Mr. Thompson asked if Robert Shaw's matter in November had been responded to. Ms. Johnson thought Nancy Anderson was going to call him. Mr. Getschow will check on it. Mr. Thompson asked about the Minnehaha Oaks Association. Mr. Getschow said the city attorney has provided aresolution- he will find the draft resolution for the Council. Pat Isaacs's letter said she would get back to us after talking wit the Sierra Club. Mr. Thompson asked about Jan Purcell. Mr. Brausen said that was taken care of. Mr. Getschow said the issue of Pat Sanders has come up again. There was general discussion. Mr. Brausen commented she has done a lot of work, screening the south side. General Consensus was that Mr. Getschow should check further into the situation. Mr. Getschow said Hopkins Liquor has agreed on the fine and suspension for their offense. It will be on the consent agenda. Mr. Thompson moved adjournment. Mr. Brausen seconded. On a 5-0 vote the meeting adjourned at 10:05 p.m. Kersten Elverum and Kasey Kester, Secretaries ATTEST: Eugene J. ax ell, Mayor