Agenda
Schedule:
HOPKINS CITY COUNCIL
FINAL AGENDA
January 7, 2003
7:30 p.m.
THIS FINAL AGENDA IS SUBJECT TO CHANGE
UNTIL THE START OF THE CITY COUNCIL MEETING
6:45 - HRA Meeting
7:30 pm - City Council Meeting
Work Session at conclusion of City Council meeting
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1. CALL TO ORDER
!!. OPEN AGENDA - PUBLIC COMMENTS/CONCERNS
(Public must fill out a Speaker Request Form. Three minute limit for each person)
!!b OATH OF OFFICE
Police Officer Johnson, Craig Reid
IV. PRESENTATION
1. Legislative Preview, Senator Steve Kelley and Representative Jim Rhodes; Mielke
2. Proclamation for the Hopkins Area Jaycees, Maxwell
V. REPORTS - COMMITTEES/COMMISSIONS
VI. CONSENT AGENDA
1. Minutes of December 17, 2002 City Council Meeting
2. Ratify prior month's disbursements
3. Approve official newspaper; (CR2003-001) - Obermaier
4. Second reading, approve Park Board change of terms and Council rep; (Memo)-
Vogtman
5. Second reading, ordinance amending truth in housing; (Memo) - Davidson
6. Second reading, ordinance amending property maintenance, (Memo) - Davidson
7. Approve final payment, 2002 sidewalk project; (CR2003-002) - J. Anderson
8. Approve final payment, 2002 alley project; (CR2003-003) - J. Anderson
9. Resolution for early redemption of TIF bond, (CR2003-009) - Yager
10.Approve date for Hopkins Board of Appeal and Equalization (Memo); Wilson
11. Approve property information system agreement with Hennepin County, (CR2003-
005) - Wilson
Vote: Brausen
Jensen
Rowan
Johnson
Maxwell
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QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421
(The Razzle Line is the City of Hopkins voice message system)
VII.
OLD BUSINESS
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1. Setback variance, 254 - 20th Ave No-phone equipment; (CR2003-006) - N.
Anderson
Vote: Brausen
Jensen
Rowan
Johnson
Maxwell
VIII. NEW BUSINESS
1. First reading moratorium ordinance, wireless telecom facilities; (CR2003-007) -
N. Anderson
Vote: Brausen
Jensen
Rowan
Johnson
Maxwell
2. First reading moratorium ordinance, currency exchange businesses; (CR2003-
008) - N. Anderson
Vote: Brausen
Jensen
Rowan
Johnson
Maxwell
IX. ADJOURNMENT
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A regular meeting of t.he Hopkins City Council was held on December 17, 2002,
in the Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson,
and Rowan. Also, present were staff members Mielke, Genellie, Stadler,
Kerrigan, J. Anderson, Davidson, and City Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order 7:30 at p.m.
II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS
There were none.
III. PRESENTATION
The Council honored Representative Betty Folliard by proclaiming December 17,
2002 Betty Folliard Day. Council Members thanked Representative Folliard for
the work she has done for the City while serving as a State Representative.
IV . OATH OF OFFICE
Terry Obermaier gave the oath of office to Agri Verija, the new member of the
Human Rights Commission, and Anna Johnson, the new member of the
Chemical Health Commission.
V. REPORTS ~ COMMITTEES/COMMISSIONS
There were none.
VI. CONSENT AGENDA
1. Minutes of December 3, 2002, City Council Meeting
2. Minutes of December 10, 2002, City Council Work Session
3. Miscellaneous License Applications
4. Approve 3.2 Beer License for Blake Grocery (CR2002-200)
5. Adoption of Year 2003 Meeting Calendar (CR2002-199)
6. Second Reading of Ordinance 2002-885, Extending the East End
Moratorium
7. Second Reading of Ordinance 2002-887, Extending the Moratorium on
the Issuance of New Off-sale Liquor, Tobacco, and Fireworks Licenses
December 17, 2002 City Council Meeting Minutes
Page 1
Council Member Brausen moved and Council Member Jensen seconded a motion .
to approve the Consent Agenda. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan,
aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
VII. NEW BUSINESS
1. Adoption of Resolution 2002-112, Approving the 2002 Tax Levy
Collectible in 2003 and Adopting the 2003 General Fund Budget
(CR2002-1 94)
Lori Yager, Finance Director, presented the 2003 budget. The recommended
spending in the general fund is $8,537,306 and the tax levy is $7,062,252.
The levy includes provisions for general fund operations, the new facility debt,
other debt obligations, and PERA contributions. A public hearing was held on
December 9, 2002.
Council Member Rowan moved and Council Member Johnson seconded a motion
to adopt Resolution 2002-112, approving the 2002 tax levy collectible in 2001
and adopting the 2003 General Fund budget. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion
carried unanimously.
2. Adoption of Resolution2002-113, approving the HRA tax levy,
collectible in 2003 (CR2002-195)
The City has some real costs associated with administering the operating costs
of the HRA. There are strict and technical limits on tax increments used for
these purposes. In 2002 the City implemented an HRA levy. The maximum levy
allowed for the HRA is .0144% of taxable market value. The maximum for
2003 is $153,486. A public hearing was held on December 9, 2002.
Council Member Jensen moved and Council Member Brausen seconded a motion
to adopt Resolution 2002-113, approving the HRA tax levy collectible in 2003.
A poll of the vote was as follows: Council Member Brausen, aye; Council
Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan,
aye; Mayor Maxwell, aye. The motion carried unanimously.
3. First Reading of Ordinance 2002-886, changing the term limits and
Council representation of the Park Board (CR2002-189)
December 17, 2002 City Council Meeting Minutes
Page 2
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The current term of Park Board Members is two years. They are limited to
serving two consecutive terms. Some members have expressed concerns that
this is just barely enough time to become comfortable with the position and it is
time to leave. The Park Board is recommending that members be allowed to
serve three terms. The ordinance will also reflect the practice of having a staff
member serve as the Council's liaison.
Council Member Johnson said that the members should be told that in the event
that they wanted to discuss an issue with a Council Member or have a Council
Me'mber attend a meeting, they should call one of the members and make that
request. Mayor Maxwell said that he was going to suggest that the Council
discuss this at a work session and possibly designate Council Members for
Commission members to call.
Council Member Brausen moved and Council Member Jensen seconded a motion
to adopt Ordinance 2002-886, amending Hopkins City Code Sections 200.03
and 335.01. A poll of the vote was as follows: Council Member Brausen, aye;
Council Member Jensen, aye; Council Member Johnson, aye; Council Member
Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
4. First Reading of Ordinance 2002-888, amending Section 405 -
Property Maintenance Code (CR2002-196)
In addition to editorial changes and relocation of sections for clarity, the
substantive changes are: 1) Adopts the most current edition of the International
Property Maintenance Code; 2) Provides exceptions for cooking devices in
rooming units; 3) Sets room sizes and addresses overcrowding of dwellings; and
4) Adds language regarding administrative citations.
The new code is a companion code of the building and mechanical codes and is
designed to work with them.
Exceptions are provided for cooking devices in rooming units. The IPMC fails to
recognize that some hotels and motels offer coffee makers, microwave ovens,
and popcorn poppers in the rooms.
Another modification sets minimum room sizes consistent with the building code
and addresses overcrowding of dwellings by actual conditions rather than strictly
square footage.
Council Member Rowan asked how the section of the ordinance dealing with
occupancy would be enforced. Staff answered that the enforcement would be a
judgment call of the inspector.
December 17, 2002 City Council Meeting Minutes
Page 3
Council Member Johnson moved and Council Member Rowan seconded a motion
to approve Ordinance 2002-888 for first reading. A poll of the vote was as
follows: Council Member Brausen, aye; Council Member Jensen, aye; Council
Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The
motion carried unanimously.
5. First reading of Ordinance 2002-889, Amending Section 406 - Truth
in Housing Code (CR2002-1 98)
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Some of the revisions"are editorial changes and relocation of sections. These'
changes were made for clarification.
There are more substantive changes, includill9: 1) a number of new definitions;
2) the ordinance has been reorganized to group like regulations; 3) a process for
suspension or revocation of evaluator's licenses has been added; 4) items
requiring mandatory correction have been clarified; and a process has been
added to address failure of the seller to have a truth-in-housing evaluation
completed.
The changes will diminish the potential for confusion and there will be less
discretion needed to conduct inspections, provide a process for suspending or
revoking an evaluator's license, and provides remedies for failure to comply.
Staff responded to questions about forms, responding that the items listed on
the forms have not changed. The directions on the form and format of the
forms are what have changed.
The Council and staff discussed the process qf licensing evaluators.
Council Member Rowan moved and Council Member Jensen seconded a motion
to approve Ordinance 2002-889 for first reading. A poll of the vote was as
follows: Council Member Brausen, aye; Council Member Jensen, aye; Council
Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The
motion carried unanimously
6. First Reading of Ordinance 2002-890, Amending Section 407 - Rental
Licensing Code (CR2002-1 98)
December 17, 2002 City Council Meeting Minutes
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Some of the changes are editorial changes and relocation of sections for clarity.
The more substantive changes include: 1) Changes the focus of the ordinance
from registration to licensing; 2) Exempts dwelling units under the control of the
City from paying license fees; 3) Addresses issues related to conduct on
residential premises; 4) Clarifies the section of the code related to suspension or
revocation of a license; and 5) Adds a no retaliation clause to the orainance.
In response to Council Member Johnson's question, staff stated that we
currently charge a fee for registration. Those fees are being reviewed to see if
the cost of the program is being covered.
Licensing provides greater control if the property is not properly maintained.
Control of conduct could result in the not allowing the dwelling to be rented.
The no retaliation clause could protect an occupant from retaliation for reporting
illegal activity. The section related to suspension or revocation was revised to
clearly spell out the pro-gess to be followed.
Council Member Brausen asked if the Apartment Management group has looked
at the ordinance. Staff responded that they have not, however, they could
review it and offer comments before the second reading.
Council Member Brausen moved and Council Member Rowan seconded a motion
to approve Ordinance 2002-890 for first reading. A poll of the vote was as .
follows: Council Member Brausen, aye; Council Member Jensen, aye; Council
Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The
motion carried unanimously.
7. Approval of Construction Change Order - Lake Street Bridge Project,
Project 99-03 (CR2002-193)
Lunda Construction Co has requested additional compensation for the project
because of project delays, additional general contractor mark-up on
subcontractor work and for other unpaid work. The request totaled
$62,303.33. The City incurred additional engineering costs of $7,000 due to
the sanitary sewer force main break. City staff has negotiated a settlement
amount of $19,451.10, $4,451 of which was undisputed and is additional work
for a driveway, additional rebar and Lunda Construction work on wood piling
removal.
Council Member Brausen moved and Council Member Johnson seconded a
motion to approve additional construction costs in the amount of $1 9,451 .1 for
construction work and settlement of claims by Lunda Construction Co and its
subcontractors on the Lake Street Bridge reconstruction project. A poll of the
vote was as follows: Council Member Brausen, aye; Council Member Jensen,
December 17, 2002 City Council Meeting Minutes
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aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor
Maxwell, aye. The motion carried unanimously.
VIII. ADJOURNMENT
There being no further business, Council Member Brausen moved and Council
Member Jensen seconded a motion to adjourn the meeting. The meeting was
adjourned by unanimous consent at 8:40 p.m.
Respectively Submitted,
Terry Obermaier, City Clerk
COUNCIL MEMBERS
ATTEST:
Eugene J. Maxwell, Mayor
December 17, 2002 City Council Meeting Minutes
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