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Minutes of the CC Mtg on 12-18-2012A regular meeting of the Hopkins City Council was held on December 18, 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 Bradford, Elverum, Genellie, Harkess, Mornson, Reynolds, Specken, Stadler and City Attorney Jeremy Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:32 p.m. II. OATH OF OFFICE 1. New Police Reserve Officer Chris Nelson Chief Reynolds introduced Chris Nelson as a new Police Reserve Officer for the Hopkins Police Department. The Police Reserves donate many service hours to the City of Hopkins. Mr. Genellie issued the Oath of Office and Mr. Nelson's wife pinned on his badge. IJI. PRESENTATION 1. Luann Tolliver of Nine Mile Creek Improvements, 21 years of Service Mr. Kevin Bigalke, Administrator of Nine Mile Creek Watershed District, introduced Ms. Tolliver and gave an overview of her years of service to the Nine Mile Creek Watershed District Board of Managers. Mayor Maxwell read a proclamation recognizing Ms. Tolliver for her years of dedicated service. 2. Nine Mile Creek Improvements Mr. Bigalke gave an update and overview of the Nine Mile Creek Stabilization & Restoration Project; highlighting the previous creek conditions & the improvements to Nine Mile Creek. Mayor Maxwell thanked the Watershed District for the improvements to Nine Mile Creek. 3. Five Citizen Awards Chief Specken gave an overview of the heroic life saving efforts by Robert Grimm, Ken Noble and Dan Mengelkoch to save the life of Dan Dorf who collapsed at Meadowbrook Golf Course. Chief Reynolds and Chief Specken presented the Life Safety Awards. IV. REPORT 1. Cottageville Park Design Update (CR2012-150) Mr. Bradford gave an overview of the Cottageville Park plan. Mr. Chuck Steward, Cuningham Group Architecture, Inc., gave an overview of the history of Cottageville Park, objectives of the park plan, community engagement & input, concept options, overview of the conceptual master plan highlighting park opportunities & amenities and the estimated costs & phasing strategies. There was much Council discussion regarding the importance of partnerships, engaging the entire community and the funding plan. Ms. Elverum recognized Tara Beard, Community Development Coordinator, for her commitment to engaging the community in the park design plan. V. CONSENT AGENDA 1. Minutes of the December 04, 2012 Council Meeting 2. Minutes of the December 04, 2012 Work Session Following the Council Meeting 3. Minutes of the December 11, 2012 City Council Work Session 1 4. Approve Renewal of General Liability and Property Insurance with LMCIT (CR 2012-143) 5. Adopt Resolution 2012-093, Increasing Proposed Water Utility, Sanitary Sewer Utility and Refuse Rate Increase (CR 2012-144) Mr. Bradford gave an update on the rate increases necessary to provide funding for the operation, debt and capital needs of the water, sewer and refuse funds. The City of Hopkins rates are in lower third of metro area rates. 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 VI. NEW BUSINESS 1. Adopt Resolution 2012-094, Revising Legislative Policy 8-13, Roadway Improvements (CR 2012-145) Ms. Harkess gave an overview of the assessment interest rate and how it has been determined in the past. Staff investigated how other cities set the rate and recommends setting the interest rate on assessments at 2% above True Interest Cost. There was much Council discussion how the interest rate is calculated, timing of the sale of the bonds and covering potential delinquencies on assessments. Mr. Steiner advised the Council on the policy. Council Member Cummings moved and Council Member Halverson seconded a motion to Adopt Resolution 2012-094 revising Legislative Policy 8-13, Roadway Improvements. 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. Adopt Resolution 2012-098, Adopting Delay Penalty for Private Utility Installations, Section 805, Right -of -Way (CR 2012-152) Mr. Bradford gave an overview of the Ordinance that governs the way the City manages its Right -of -Way for the installation of private utilities, the restoration requirements after the installations, and the penalties for failure to follow the requirements of permits. The current penalty system to deny additional permits is not effective. The utility companies have indicated that they would prefer a delay penalty, a cost that would be passed on to the contractor hired to do the work. The Delay Penalty would be $300 per calendar day for not properly restoring the right-of-way beginning seven calendar days after completion of utility installation. There was Council discussion regarding the timing of the calendar days and notification to the utility companies. Council Member Youakim moved and Council Member Halverson seconded a motion to Adopt Resolution 2012-098, Resolution Adopting Delay Penalty for Private Utility Installations in the Right of Way. 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. 4 3. Adopt Resolution 2012-097, Adopting Changes to Legislative Policy 8H, Street Restoration Reimbursement for Private Utility Service Repairs (CR 2012-151) Mr. Bradford gave an overview of the street restoration reimbursement policy that is in place to protect homeowners from high street restoration costs when performing repairs to their private water and sanitary sewer service within the city right-of-way. Mr. Bradford reviewed the current charges, the proposed change reflects the increase in pavement costs and reviewed which costs are eligible for reimbursement. There was Council discussion regarding service repair pricing. Council Member Gadd moved and Council Member Halverson seconded a motion to Adopt Resolution 2012-097, Resolution Adopting Changes to Legislative Policy 8-H. 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. 4. Adopt the First Reading or Ordinance 2012-1059, Amending City Code, Section 2005; Misdemeanors; Miscellaneous Provision (CR 2012-148) Mr. Stadler gave an overview of the city code amendment that revises the height that tree limbs must be trimmed above streets and sidewalks and also prohibiting the planting of trees, shrubs or hedges within one foot of alley or sidewalk edge. There was Council discussion how the code is policed and the reason for the change. Council Member Cummings moved and Council Member Halverson seconded a motion to Adopt for first reading Ordinance 2012-1059, amending City Code section 2005. 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. 5. Adopt the First Reading Ordinance 2012-1057, Amending City Code, Section 935; Shade Tree Disease Control (CR2012-146) Mr. Stadler gave an overview of the tree disease control ordinance adding emerald ash borer to the list of tree diseases and infestations. There was Council discussion regarding planting of trees by homeowners, no known infestation of emerald ash borer at this time and the current stock of ash trees in Hopkins. Council Member Halverson moved and Council Member Youakim seconded a motion to Adopt for first reading Ordinance 2012-1057, amending City Code sections 935. 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. 6. Adopt First Reading of Ordinance 2012-1058, Amending City Code, Section 825; Trees in Streets and Public Grounds (CR 2012-147) Mr. Stadler gave an overview of revised tree species approved for planting in public grounds and approved types of mulch in the right of way. 9 There was Council discussion that new business items four, five and six are first readings. Council Member Cummings moved and Council Member Gadd seconded a motion to Adopt for first reading Ordinance 2012-1058, amending City Code sections 825. 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. 7. Adopt Resolution 2012-095, Amending Legislative Policy, 81); Solid Waste Collection Procedures (CR 2012-149) Mr. Stadler gave an overview of the changes that have been made to the Solid Waste Collection Policies, Programs and Procedures. There was Council discussion regarding notices to remind the public to remove refuse containers after collection day. Council Member Youakim moved and Council Member Cummings seconded a motion to Adopt Resolution 2012-095, resolution amending Legislative Policy #8-D, Solid Waste Collection Procedures. 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: • City Council meetings will begin at 7 pm starting January 2013. • Mayor Maxwell thanked city staff and council for their hard work in 2012. • Mayor Maxwell wished everyone Happy Holidays. VII. ADJOURNMENT There being no further business, Council Member Halverson moved and Council Member Gadd seconded a motion to adjourn the meeting. The meeting was adjourned at 8:53 p.m. Respectfully Submitted, Debbie Vold COUNCIL MEMBERS ATTEST: Eugene J. Maxwell, Mayor 4