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Minutes - 9/06/11A regular meeting of the Hopkins City Council was held on September 6, 2011, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell, Council Members Halverson, Rowan and Youakim. Also, present were staff members Anderson, Bradford, Elverum, Genellie, Harkess, Mornson, Reynolds, Stadler and City Attorney Jerry Steiner. CALL TO ORDER Mayor Maxwell called the meeting to order at 7: 32 p.m. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were no comments. III. OATH OF OFFICE Chief Reynolds welcomed Rachael Denny to the Hopkins Police Department as new Police Officer. Swearing in performed by Mr. Genellie. Officer Denny's mother pinned on her badge. Mayor Maxwell introduced Mr. Mornson as the new City Manager. • IV. REPORT Ms. Molly Cummings of the Zoning and Planning Commission reported on the following items: • The rezoning discussion of 325 Blake Rd will be continued at the September 27th Zoning & Planning Meeting. • The Zoning & Planning Commission unanimously approved the preliminary/final plat and proposed variance at 132 Interlachen Road. The Zoning & Planning Commission stated that the lot would be unbuildable without the Variance. • The Zoning & Planning Commission unanimously approved the Sign Setback Variance at 640- 11 th Ave South since there would be no room for a visible sign with the current requirements. V. CONSENT AGENDA 1. Minutes of the August 16, 2011 City Council Meeting 2. Minutes of the August 16, 2011 Work Session after the City Council Meeting 3. Minutes of the August 23, 2011 Work Session 4. Adopt Resolution 2011-046, Approving Winter Activities of Hiking, Biking and . Pet Walking on the Four Regional Trails in Hopkins (CR 2011-083) 5. Ratify Checks for the Month of August 6. Appointment of Election Judges for 2011 City and School District Elections . (CR 2011- 086) 7. Adopt Resolution 2011-040, Resolution for Hearing on Proposed Assessments, 2011 Miscellaneous Special Assessments (CR 2011-076) Mr. Stadler addressed the Council's questions regarding Consent Agenda item #4. Mr. Stadler stated that regional trail use has increased in the winter months and staff has received many positive comments by users regarding timely clearing of trails. City Staff will continue to maintain the regional trails in Hopkins until Three Rivers Park District changes their policy. Council thanked city staff for the great job of maintaining the trails. Council Member Youakim moved and Council Member Halverson seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. VI. NEW BUSINESS 1. Adopt Resolution 2011-042, Approving a Preliminary/Final Plat at 132 Interlachen Road (CR 2011-079) Ms. Anderson, City Planner, reviewed the reasons for the re -plat at 132 Interlachen Road. Ms. Anderson explained that Mr. Albert Kempf, the applicant, purchased 132 Interlachen Road and has razed the home. Mr. Kempf is proposing to construct a new home on the property. The former home straddled the two 40 -foot lots, as will the new home. In the past homes were allowed to straddle lot lines; but this is not allowed today. To remedy the situation the owner will have to replat. The new lot will be 80' x 132.47'. Ms. Anderson stated that the Zoning and Planning Commission unanimously approved the Preliminary/Final Plat at 132 Interlachen Road and no residents appeared to contest it. Mr. Kempf of 262 Ashley Road, the applicant, addressed the Council stating that they are looking for a smaller home site and wish to stay in Interlachen Park. There was much discussion by Council regarding final building plan approvals, residential set backs and having staff look into the possibility of reducing the minimum lot size since many of the properties who may want to rebuild in the Interlachen area would need to re -plat and apply for a variance. Council Member Youakim moved and Council Member Rowan seconded a motion to adopt Resolution 2011-042, approving a Preliminary/Final Plat at 132 Interlachen Road. A poll of the vote was as follows: Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. 2 2. Adopt Resolution 2011-043, Approving an Area Variance for 132 Interlachen Road (CR 2011-080) Ms. Anderson reviewed the variance request for 132 interlachen Road with the Council. Ms. Anderson stated that the Zoning and Planning Commission unanimously approved the Variance at 132 Interlachen Road. Ms. Anderson stated that without granting the variance the lot would be unbuildable. Mr. Steiner, City Attorney, reviewed the variance and felt that the criteria as dictated by the state statute for granting of a variance were met. Council Member Rowan moved and Council Member Halverson seconded a motion to adopt Resolution 2011-043, approving an Area Variance for] 32 Interlachen Road. A poll of the vote was as follows: Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. 3. Adopt Resolution 2011-044, Approving a Sign Setback Variance at 640 -11 th Ave South (CR 2011-081) Ms. Anderson reviewed the reason for the Sign Setback Variance at 640-11 th Ave South with the Council. Ms. Anderson stated that the building owner has done many improvements to the exterior of the building. The property was constructed many years ago with different setback requirements. Staff stated that signage would not be 40 visible if placed where the current sign setback would allow. Mr. Steiner, City Attorney, reviewed the variance and stated that this is an appropriate situation to approve the variance. Council Member Youakim moved and Council Member Halverson seconded a motion to adopt Resolution 2011-044, approving a Sign Setback Variance at 640 - 11 th Ave South. A poll of the vote was as follows: Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. 4. Adopt Resolution 2011-047, Ordering the Preparation of a Feasibility Report for 2012 Street and Utility Improvements and Authorize Mayor and City Manager to Enter into an Agreement with Bolton & Menk, Inc. to Prepare the Report (CR 2011-084) Mr. Bradford, City Engineer, addressed the council regarding the 2012 street and utility improvements. Mr. Bradford reviewed the area designated for street improvements, the road condition index, alley assessment policy and the preliminary schedule. Staff recommends using Bolton & Menk, Inc. to prepare a Feasibility Report for the 2012 street and utility improvements, a firm with considerable Hopkins experience and a proven track record. There was much discussion by Council about the aging utilities & Sthe need for improvements and which streets & alleys are slated for reconstruction. 3 Council Member Rowan moved and Council Member Halverson seconded a motion to adopt Resolution 2011-047, Ordering the Preparation of a Feasibility Report for 2012 Street and Utility Improvements and Authorize Mayor and City Manager to Enter into an Agreement with Bolton & Menk, Inc. to Prepare the Report. A poll of the vote was as follows: Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. 5. First Reading of Social Host Ordinance Proposal Chief Reynolds addressed the Council regarding the Social Host Ordinance. Chief Reynolds reviewed the ordinance & the proposed language, other cities with this ordinance, the Police Department's focus on youth initiatives, how the ordinance will assist the police department to prevent underage consumption & hold adult hosts accountable for providing alcohol or illegal substances to minors and the importance of educating the public. Staff recommends that the Council approve the first reading of the Social Host Ordinance. Ms. Lisa Peilen, a representative from the Minnesota Multi Housing Association, expressed her concern to the Council about some of the language in the ordinance and the responsibility of rental property owners in regard to their tenants' actions. There was much discussion by the Council and Mr. Steiner, City Attorney, regarding the language in the ordinance. •The Council directed Mr. Steiner and Chief Reynolds to research the language in the ordinance further prior to the 2nd reading on September 27th. Council Member Rowan moved and Council Member Halverson seconded a motion to approve the First Reading of Social Host Ordinance Proposal. A poll of the vote was as follows: Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. 6. First Reading of Domestic Partners Ordinance 2011-1035 (CR 2011-077) Mr. Genellie, Assistant City Manager, addressed the Council and stated that staff recommends that Council adopt the First Reading of the Domestic Partners Ordinance. Mr. Genellie explained the purpose & history of the ordinance and why the City of Hopkins should adopt it. Staff feels the Domestic Partners Registration would be an added service to the residents of Hopkins. There was much discussion by Council regarding the application form, residency requirements, data privacy issues, Tennessen Warning on the application form and fee recommendations. Mr. Steiner, City Attorney, stated that it is important that the Domestic Partner Registry applicants know that the information is considered public data. Council directed Mr. Genellie to develop an application form and have Mr. Steiner and Chief Reynolds review it prior to the second reading of the ordinance on September 27th. 0 Council Member Youakim moved and Council Member Halverson seconded a motion to approve the First Reading of Domestic Partners Ordinance. A poll of the vote was as follows: Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. 7. Approve Ordinance 2011 -1036, Amending Sections 701.7, 701.17, 702.07 and 702.15 to Increase the Franchise Fee Rates and Extend the Termination Dates on the Utility Franchise Fees (CR 2011-085) Ms. Harkess addressed the Council regarding the Franchise Fee Rates for the 2012 budget. Ms. Harkess explained the reasons for the proposed rate increases and presented three different options to choose from with the increase in rates earmarked for capital improvements. There was much discussion by Council about the additional money being used to fund capital improvements for the city's infrastructure, the fee is a way to spread out the cost of infrastructure improvements to properties that do not pay property taxes and by not increasing fees, it would mean that the city would need to bond for the capital improvements adding to the debt levy. Council reviewed the proposed rate increases and directed staff to increase the franchise fees to utility customers by 66.67%. Staff needs to notify the utility companies of the franchise fee increase by the end of September. Council Member Halverson moved and Council Member Youakim seconded a motion to approve Ordinance 2011 - 1036, Amending Sections 701.7, 701.17, 702.07 and 702.15 to Increase the Franchise Fee Rates 66.67% and Extend the Termination Dates on the Utility Franchise Fee. A poll of the vote was as follows: Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. 8. Approve Resolution 2011-045, Approving Proposed Tax Levy, Debt Service Levies at Levels Under Those Required in the Bond Covenants, Proposed 2012 General Fund Budget, and Setting Budget Meeting Dates (CR 2011-082) Ms. Harkess presented the 2012 Proposed General Fund Budget & Preliminary Levy and recommendations for budget meeting dates of December 6th for Council discussion & public comments prior to adopting the budget & levy on December 20th. Staff is recommending that council approve the resolution setting the proposed levy for general fund operations; approve the levy adequate for the payment of debt, and to set budget meeting dates as set forth in the resolution. Ms. Harkess explained .Legislative changes affecting local governments, why levies increase and decease, what are the tax needs of the city, budget challenges & impacts, fiscal disparities, financial impacts and the proposed general fund budget & preliminary levy for 2012. 5 The general fund budget is currently proposed to increase by $220,136 or 2.14% over the 2011 budget and the proposed total tax levy increase is $209,914 or 2.07%. Council Member Rowan moved and Council Member Halverson seconded a motion to approve Resolution 2011-045, Approving Proposed Tax Levy, Debt Service Levies at Levels under Those Required in the Bond Covenants, Proposed 2012 General Fund Budget, and Setting Budget Meeting. A poll of the vote was as follows: Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. • Mayor Maxwell asked the community to reflect on the 10th anniversary of 911 this September 11 th and to remember how great it is to live in this country. • Council invited the community to take part in the Hopkins in Motion event on September 17th and Somalia Culture event on September 18th. • The next City Council meeting has been changed to September 27th and the work session is scheduled for September 20th. • September 27 is Sister City Day with Borispol, Ukraine, the public is invited to the event at Hopkins Center for the Arts and tickets are available for $5 each at City Hall, Driskills and Midnight Market. • V. ADJOURNMENT There being no further business, Council Member Youakim moved and Council Member Halverson seconded a motion to adjourn the meeting. The meeting was adjourned at 9:23 p.m. Respectfully Submitted, Debbie Vold COUNCIL MEMBERS i ATTEST: C Eugene J. Maxwell, Mayor • • 9 7