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Agenda -FinalHOPKINS CITY COUNCIL FINAL AGENDA Tuesday, December 15, 2009 7:30 pm THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 7:30 pm City Council Meeting Work Session after Close of Regular City Council meeting 1_ CALL TO ORDER II. OPEN AGENDA — PUBLIC COMMENTS /CONCERNS (Public must fill out a Speaker Request Form. Three minute limit for each person) III. CONSENT AGENDA 1. Minutes of the December 1, 2009 City Council Meeting 2. Minutes of the December 1, 2009 Council Work Session after the City Council Meeting 3. Minutes of the December 8, 2009 Work Session Meeting 4. Approve Ordinance 2009 —1010 for Second Reading, Regarding Background Investigations; Genellie (Memo) 5. License Agreement Hennepin County Digitized Data; Bradford (CR2009 -111) 6. Appoint Molly Cummings to the Zoning and Planning Commission; Mayor Maxwell (Memo) 7. Appoint Jason Gadd to the Park Board; Mayor Maxwell (Memo) Vote: Youakim Brausen Rowan Halverson Maxwell IV. NEW BUSINESS 1. Adopt Resolution 2009 -067, Approving the 2010 Tax Levy and Adopting the 2010 General and Special Revenue Fund Budgets; Harkess (CR2009 -109) Vote: Youakim Brausen Rowan Halverson Maxwell 2. Adopt Resolution 2009 -066, Regarding Water and Sanitary Sewer Utility and Recycling Rate Increases; Harkess (CR2009 -108) Vote: Youakim Brausen Rowan Halverson Maxwell QUESTIONS OR COMMENTS? ASK THE CITYI Call (952) 939 -1421 Ask the City is the City of Hopkins voice message system) 3. Approve 2010 City Council Calendar; Getschow (CR2009 — 110) Vote: Youakim Brausen Rowan Halverson Maxwell V. ADJOURNMENT Vote: Youakim Brausen Rowan Halverson Maxwell QUESTIONS OR COMMENTS? ASK THE CITY! Call (952) 939 -1421 Ask the City is the City of Hopkins voice message system) , t • A regular meeting of the Hopkins City Council was held on December 1, 2009, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Youakim, Brausen, Rowan, and Halverson. Also, present were staff members Getschow, Genellie, Stadler, Elverum, Harkess, Bradford, and City Attorney Jerry Steiner. I. 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 1. Brent Johnson — Promoted to Sergeant Chief Reid explained how important it is to police officers to celebrate promotions with family, friends and their public. Chief Reid then introduced Brent Johnson. Brent took the oath of office. His father, Earl Johnson, pinned on his badge. • IV. REPORTS - COMMITTEES/COMMISSIONS 1. Depot Quarterly Report Emily Nuckols, Secretary, and Peter Boisclair, co-chair of the Depot Coffeehouse Board gave the Depot report. There are 13 students on the board, representing four schools. Peter was excited about the new ideas that have been expressed by new members. A"Green" Fund has been established to eventually purchase solar power equipment. Emily reported that the Depot has a new Resident band. Three Rivers is helping the Depot build a sound wall befinreen the coffee area and the teen area. There are still two openings on the Board. They will be interviewing in May. December 18, 2009 is the final session for the 2009 winter Battle of the Bands. 2. Zoning and Planning Commission The Commission focused on the proposed changes to the downtown design guidelines on the West end of Mainstreet and has completed those changes to submit to the Council at the Joint Meeting scheduled in January. They will be finalizing changes to the design guidelines for mixed use zoning at their December meeting. • December 1, 2009 City Council Meeting Minutes Page 1 r '� V. CONSENT AGENDA ,,;,,. � � 1. Minutes of the November 4, 2009 Election Canvass Board 2. Minutes of the November 10, 2009 City Council Work Session 3. Minutes of the November 17, 2009 City Council Meeting 4. Minutes of the November 17, 2009 City Council Work Session 5. Minutes of the November 24, 2009 City Council Work Session 6. Ratify Checks for the Month of November, Memo 7. Approve Ordinance 2009-1009 for Second Reading, Amending Sections 701.17 and 702.15, Extending Termination Dates on the Utility Franchise Fees to December 31, 2011 (CR2009-102) 8. Adopt Resolution 2009-064, Approving the Termination of the Deferral of Special ; Assessment for 143 20 Ave N(CR2009-105) I ' Council Member Halverson moved and Council Member Rowan seconded a motion to approve '�, the Consent Agenda. A poll of the vote was as follows: Council Member Youakim, aye; ', Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; ' Mayor Maxwell, aye. The motion carried unanimously. , VI. PUBLIC HEARING � 1. 2010 Budget Public Hearing I �a�� Finance Director Christine Harkess and City Manager Rick Getschow gave a power point ' presentation of the budget process. They explained how the tax capacity is arrived at, how the tax rate is set, and how the final property tax is computed. They went through the budget for 2010 and answered questions. Mayor Maxwell opened the public hearing at 8:27 p.m. Fred Mulvany, 106 — 18 Ave S, came forward to express his views on the budget and ideas to increase revenue. , Jerome Alch, 145 Blake Rd. S, came forward to question the increase on his tax statement. It ' was due to an increased valuation. Council Member Rowan moved and Council Member Halverson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:47 p.m. ; No action was taken. � j VII. NEW BUSINESS 1. Approve a new On-Sale Wine and On-Sale 3.2% Malt Liquor (Wine and Strong Beer) License for Samba, Taste of Brazil, 922 Mainstreet (CR2009-104) iu� � December 1, 2009 City Council Meeting Minutes Page 2 i i - ; : -- __- - - - - -- - _ - .. . . _ . ,. ..:�: .�,,:, � � Jose Pantano has leased the space where Gusto's Restaurant was located and has applied for an on-sale Wine and 3.2% Malt Liquor license. This will allow him to sell wine and strong beer. The Police report has still not been completed, so approvai would be contingent on the Police investigation not finding a reason to deny. Counci( Member Youakim moved and Council Member Brausen seconded a motion to approve an On-Sale Wine and On-Sale 3.2% Malt Liquor, including strong beer, license for Samba, Taste of Brazil Inc. dba Samba, Taste of Brazil, with the condition that the Hopkins Police Department finds no reason to deny the license. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Hafverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve Engineering Services Agreement, Lift Station 1(CR2009-106) The abandonment of Lift Station 1 was identified in the 2008 Comprehensive Utility Plan as a necessary improvement. Originally, it was intended to construct this project in conjunction with the Shady Oak Rd. reconstruction. With the delays to that project, the condition of the lift station has made it necessary to move forward with this project before the Shady Oak Rd. project. The lift station will be replaced with an eight-inch gravity sewer that connects to a City of Minnetonka sewer trunk in Shady Oak Road. Besides replacing a failing lift station, the gravity line will reduce the amount of inflow in the system. Bolten and Menk, !nc have submitted a service agreement for design and construction observation in the sum of $36,289. • The City wiN have to work out an agreement with the City of Minnetonka on fees. Council Member Brausen moved and Council Member Halverson seconded a motion to adopt Resolution 2009-065, Approving Engineering Agreement for Lift Station 1. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. First Reading Ordinance 2009-1010, Amending Section 315 of the Hopkins City Code, Background Investigatior�s (CR2009-103) Police departments have access to the BCA criminal history data only to perForm the duties that are required by law. Since a city ordinance is a law, an ordinance can be used to allow the use of BCA data for non-criminal purposes such as employment background and license checks. A city ordinance which allows its police department to use the BCA information to conduct background checks must comply with all of the requirements established by the Bureau. Recent information from the League of Minnesota Cities indicates that there is some additional language which should be added to Section 315 in order to comply with the BCA. The new language primarily concerns data practices. Council Member Rowan moved and Council Member Halverson seconded a motion to approve Ordinance 2009-1010 for first reading. A poll of the vote was as follows: Council Member • December 1, 2009 City Council Meeting Minutes Page 3 \ f � Youakim, aye; Council Member Brausen, aye; Council Member Rowan, aye; Council Member �:-,,, Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. � VIII. ADJOURNMENT There being no further business, Council Member Youakim moved and Council Member Brausen seconded a motion to adjourn the rneeting. The meeting was adjourned by unanimous consent at 9:17 p.m. Respectfully Submitted, I I� ' Cl rk Terry Obermaier, City e '� COUNClL MEMBERS i ATTEST: „„ � � Eugene J. Maxwell, Mayor �,. December 1, 2009 City Council Meeting Minutes Page 4 - - - -- - - -___ i , � December l, 2009 Page 1 • MINUTES OF THE CITY COUNCIL WORK SESSION AT CONCLUSION OF THE REGULAR CITY COUNCIL MEETING Tuesday, December 1, 2009 Mayor Maxwell called the meeting to order at 9:30 pm. Present were Mayor Maxwell and Council members, Brausen, Halverson, Youakim and City Manager Rick Getschow OTHER: • Council member Youakim asked the City Manager to check into a couple business properties on the eastern border of the city. There are concerns about landscaping and signage associated with those businesses. • City Manager Getschow stated that the State of the City Address is scheduled for Tuesday, February 23 at the Hopkins Center for the Arts. With no further business, a motion was made by Brausen, seconded by Rowan to adjourn the meeting. The �otion passed unanimously. The meeting was adjourned at 9:45 pm. Rick Getschow, Secretary CITY COLTNCIL ATTEST: Eugene J. Maxwell, Mayor • December 8, 2009 Page 1 MINUTES OF THE CITY COUNCIL WORK SESSION � Raspberry Room Tuesday, December 8, 2009 Mayor Maxwell called the meeting to order at 6:37 pm. Present were Mayor Maxwell and Council members Halverson, Brausen, Rowan, Youakim and City Manager Rick Getschow, Public Works Director Steve Stadler, Director of Planning and Economic Development Kersten Elverum and City Attorney Jerry Steiner VACANT PROPERTY ORDINANCE DISCUSSION: Ms. Elverum stated that city staff and Mr. Steiner have been developing a draft ordinance for vacant property registration in Hopkins. Mr. Steiner stated that the intent is to assure long-term vacant property is maintained and returned to active use as soon as possible. The Mayor and the Council members liked the direction that the draft ordinance is going and encouraged the staff to fine-tune it so that it can be brought to a council meeting for a first reading in January. • MARKETPLACE AND MAIN: Ms. Elverum provided an update on the Marketplace and Main project. The redevelopment agreement with the Beard Group may need to be amended based on recent discussions regarding the project. That item could be on the January 5 HRA agenda. DISCUSSION OF WASTE MANAGEMENT RECYCLING CONTRACT RENEWAL: Mr. Stadler stated that Hopkins' contract with Waste Management for curbside single stream recycling ends on December 31, 2009. He stated that the contract will be re-negotiated rather that re-bid based on: a review of bids received by other cities, current market conditions, collection problems will exist with all haulers, inconvenience to our residents and the good working relationship that we have had with Waste Management since 1990. Mr. Stadler stated that the negotiations have resulted in the following: • A one year contract extension • Cost would remain at the 2009 rate of $2.94/mo per CDU • Addition of a Recyclable material Offset which could be an additional charge or a credit depending • upon the market • Addition of diesel fuel surcharge that will take effect if diesel price is $3.00 or higher per gallon • Add language stating: Service is unlimited, residents may have as many carts as they need or increase/decrease the size of cart as needed i December 8, 2009 Page 2 �,� .� ,� � • Add aseptic drink containers (juice boxes, milk cartons, juice cartons) to items collected curbside, � effective 1/1/10 � Mayor Maxwell and the City Council looked at and discussed all information and concluded that the one-year j contract is a good idea at this point and to present it at the next council meeting. 2008/2009 CITY GOAL REVIEW: City Manager Getschow stated that the longer-range plan is to begin discussing changes to the plan so that we can begin to create the 2010-2011 Goals and Strategic Plan. He stated that we are planning for a Council-Staff discussion of this topic in early 2010. City Manager Getschow stated that the goals and strategies that we have in place right now are really working well and points the City in the right direction. City Manager Getschow asked the Council for input into what they would like to see different. . i Mayor Maxwell suggested that council go over the goals and strategies and reconvene in the spring with any changes or additions. ;�;, OTHER: City Manager Getschow provided an update on a conversation he had with the MPCA regarding the future clean-up and redevelopment of the closed landfill in Hopkins. On a motion by Brausen, and second by Halverson, the meeting was adjourned at 9:20 pm. Debbie Sperling, Secretary CITY COUNCIL ATTEST: � Eugene J. Maxwell, Mayor """' � , -- ;- - - - - - - -- -- - - . . .. .. .:-, - _: _,