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06-19-2012 CCA regular meeting of the Hopkins City Council was held on June 19, 2012, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell, Council Members Cummings, Gadd, Halverson and Youakim. Also, present were staff members Genellie, Harkess, Mornson, Specken, Stadler and City Attorney Jeremy Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:45 p.m. II. PRESENTATION 1. Check Presentation for CenterPoint Energy CenterPoint Energy Representative, Todd Nordgren, presented a check to Fire Chief Specken in the amount of $1500. The Fire Department purchased two chlorine leak monitoring devices. Mayor Maxwell thanked CenterPoint Energy for their support. 2. Raspberry Festival Raspberry Festival representative, Lou Jean Gleason, gave an overview of the 2012 Hopkins Raspberry Festival events and invited the community to join in on the festivities July 7-15, 2012. Ms. Gleason thanked the City of Hopkins for their support. Mayor Maxwell thanked the festival volunteers for all their hard work. 3. Rotary Presentation Rotary representatives, John Anderson and Josh Kruse, gave an overview of their community service projects. The Rotary's next project is to revamp & expand the Burnes Park Pavilion. Rotary is sponsoring a pro -wrestling benefit event on Saturday, July 7, 7 pm, at the Hopkins Pavilion. Mayor Maxwell thanked the Rotarians for all their efforts in Hopkins. III. REPORT 1. Audit 2011 Ms. Harkess reviewed the 2011 Comprehensive Annual Financial Report. Ms. Harkess reviewed the economic condition of the City, significant projects in 2011, future projects, major municipal initiatives, financial highlights, revenues and other financing sources, expenditures, statement of net assets, statement of activities and the fund equity. Ms. Harkess explained the changes in the reporting of fund balances. Dennis Hoogaveen, Principal of the audit firm Clifton Larson Allen, LLC, reviewed highlights of the 2011 Executive Audit Summary. Mr. Hoogaveen explained that the City of Hopkins is within State Auditor recommendations and the audit revealed a clean report on compliance issues. Council congratulated the Finance Department on the good report. IV. CONSENT AGENDA 1. Minutes of the June 5, 2012 Council Meeting 2. Minutes of the June 5, 2012 Work Session Following the Council Meeting 3. Minutes of the June 19, 2012 Work Session 4. Approve License Renewals for Liquor Establishments 5. Approve a Temporary Liquor License for the Church of St. Joseph Fall Festival 6. Second Reading for City Charter Amendment 7. Second Reading on Sanitary Sewer 8. Second Reading for Ordinance 12-1049, Placing a PUD Overlay District on 415 -17th Ave N 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 Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. V. NEW BUSINESS 1. Meadow Creek Condos Resolution Mr. Genellie gave an overview of the resolution, the legislation and agreement entered into in 1995 to fund certain improvements at Meadow Creek. The legislation authorized the City to sell bonds to fund improvements in the common areas of condominium or town home associations and collect fees to repay these bonds. The original projects at Meadow Creek have been completed and there now exists excess fee revenues from the sale of bonds used to fund these improvements. The Development Agreement requires the Council to distribute the excess fee revenues of approximately $130,000 back to Meadow Creek. The excess fees must be used to fund certain improvements. Mr. Genellie reviewed with Council the options how to distribute the excess fees. Staff has determined that there is no health and safety related issues, which would require the City to mandate how the excess fee revenues should be spent. There was discussion by Council about the options for distributing the excess fees, differences between the options, types of improvements & projects that the excess fee revenues could be used for and that the original intent of the agreement has been accomplished. The following residents addressed the Council: Geri Keller, 922 Westbrooke Way, requests that the Council table their decision to distribute the excess fees until a pending litigation issue is resolved. Enrique Torrano and Ann Denalsbeck, Meadow Creek Condominium Board of Directors, addressed the Council about the Board's Capital Improvement Plan, reserve funds, budget and planned improvements. Todd Bacon, Meadow Creek resident, supports Option 1 to have the City disperse the funds. Mel Pittel, Meadow Creek resident, addressed the Council and requests that the Council table their decision to distribute the excess fees until a pending litigation issue is resolved. John Ward, 5916 Hanson Rd, Edina and Meadow Creek Board President, addressed the Council about projects completed, the replacement program, importance of maintaining the properties, the board process and owner input. Vanessa Leaf, Meadow Creek resident, supports the option to have the City hold off on dispersing the funds until the lawsuit is resolved. 2 City Attorney, Jeremy Steiner, advised the Council about the agreement, dispersement of funds, the Litigation does not come into play regarding the funds, matters that are a part of association by-laws, possibility of general mediation between the board and ownership, the City's obligation, Council options and the need to eventually make a decision. Mr. Genellie addressed the Council regarding the options of how the excess funds can be dispersed. There was much discussion by Council about the importance of communication & compromise between the Meadow Creek Board & owners, the Board's plan for the funds, City's responsibility to fulfill the obligation, the pending lawsuit that does not affect the dispersement of funds, the ongoing dispute is an internal problem and the City often recommends mediation to help with resolution and that the City can hold onto the funds for a limited period of time until both sides come to a satisfactory solution. Council suggested that the Meadow Creek Condo Association discuss the proposal, communicate to their members, discuss options with the Fire Chief & Hopkins Building Inspector and discuss the proposal with Mr. Genellie prior to coming back to Council by the first meeting in August. City Attorney, Jeremy Steiner, advised the Council that a motion is needed to continue the matter until the first meeting in August. Council Member Halverson moved and Council Member Youakim seconded a motion to continue the Matter of the Meadow Creek Condos Resolution until the First Meeting in August. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Approve Contract for Consulting Services for Cottageville Park Mr. Stadler addressed the Council about the selection of the Cuningham Group for the Cottageville Park Planning project. The selection was based on the Cuningham Group's understanding of the project, experience, and cost. Mr. Stadler discussed the vision to create a signature public space at Cottageville Park, the timetable, obligations for storm water management and the upcoming Public Meeting to be held on Thursday, July 12, 2-6 pm at 43 Hoops Basketball Academy, 1002 Second Street NE, Hopkins. There was much discussion by Council about the many components to the park planning process, importance of making sure it is done correctly and the cost for the consulting service. Council Member Gadd moved and Council Member Youakim seconded a motion to approve the selection of Cuningham Group for the Cottageville Park planning project and authorize the Mayor and City Manager to execute the professional services agreement in the amount of $40,000. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Approve Resolution, Calling for Public Hearing on the CIP and the Issuance of CIP Bonds to Refund the 2003 Public Facilities Lease Revenue Bonds Ms. Harkess gave an overview regarding the need to hold a public hearing on the City's intention to issue Capital Improvement Bonds (CIP) and to present the proposal to adopt a capital K improvement plan as it relates to bonding. Due to low bond rates this presents an opportunity for savings over the current bond issue and this is the last bond issue outstanding that we have not either called or refunded. The bond portfolio is analyzed quarterly by Ehlers, financial consultants, and until now this issue did not present the required savings to allow us to refund the issue. Current analysis shows that we meet the minimum guidelines for savings, which will result in a savings on interest for the City. The public hearing will be held on July 10, 2012 at 7:30 p.m. There was discussion by Council regarding the CIP, issuance of bonds and timetable to sell the bonds. Council Member Halverson moved and Council Member Cummings seconded a motion to Approve Resolution 2012-040 calling for public hearing on the intention to issue general obligation capital improvement plan bonds and the proposal to adopt a capital improvement plan therefor. A poll of the vote was as follows: Council Member Cummings, aye; Council Member Gadd, aye; Council Member Halverson, aye; Council Member Youakim, aye; Mayor Maxwell, aye. The motion carried unanimously. Other: Next City Council Meeting is on Tuesday, July 10, 2012 Hopkins Art Festival is July 7 & 8, 2012 Hopkins Raspberry Festival is July 7-15, 2012 Music in Park begins on Thursday, June 21, 2012 VI. ADJOURNMENT There being no further business, Council Member Youakim moved and Council Member Gadd seconded a motion to adjourn the meeting. The meeting was adjourned at 10:02 p.m. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were no comments. Respectfully Submitted, Debbie Vold ATTEST: Eugefre J. axwell, Mayor COU N IL MEMBERS 0