12-01-2009A 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 between 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
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)
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
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.
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)
December 1, 2009 City Council Meeting Minutes Page 2
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 approval would be contingent on the
Police investigation not finding a reason to deny.
Council 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 Halverson, 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, Inc have
submitted a service agreement for design and construction observation in the sum of $36,289.
The City will 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 Investigations (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
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 meeting. The meeting was adjourned by
unanimous consent at 9:17 p.m.
Respectfully Submitted,
Terry Obermaier, City Clerk
ATTEST:
ff
Eugen J. dwell, Mayor
December 1, 2009 City Council Meeting Minutes Page 4