Loading...
01-02-01A regular meeting of the Hopkins City Council was held on January 2, 2001, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Hesch, and Johnson. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Gessele and City Attorney Jerre Miller. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:30 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Steven Shaw, 301 Monroe Ave N, expressed concerns about the Alliant Tech parking lot. Mr. Shaw said that school busses and trucks from neighboring companies are being parked in the lots. He asked if the City could regulate the parking more in the conditional use permit. The Council discussed the issues. Jim Kerrigan said that he thought that the City Attorney should look at the ordinance to see if the use of the lot for school bus and truck parking is in conformance with the ordinance. If not, it can be dealt with from that standpoint. III. REPORTS -COMMITTEES/COMMISSIONS There were none. IV. CONSENT AGENDA 1 . Minutes of December 19, 2D00, Regular City Council Meeting 2. Ratify Prior Month's Disbursements 3. Designate Official Newspaper (CR2001-04) 4. Appointment of Mayor Pro Tempore (CR2001-05) Mayor Maxwell moved and Council Member Jensen seconded a motion to appoint Council Member Hesch as the Mayor Pro Tempore. The motion was approved unanimously. . Council Member Brausen moved and Council Member Jensen seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member January 2, 2001 City Council Meeting Minutes Page 1 Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. V. PRESENTATION Representative Betty Folliard and Senator Steve Kelly addressed the Council. Representative Folliard said that the emphases for the next session will be on taxes, specifically, real estate tax reform, rebates, and refunds. Education will also be and important issue. Expect a cap on excess referenda. Health Care will be another big issue. The five-year limit will be coming up on Welfare recipients. Long-term care will be discussed. Affordable housing has reached crises proportions. Environment, especially air quality will be looked at. Transportation, including lite rail and roads and bridges will be discussed. Senator Kelley said that he is assigned to the Tax Committee, Higher Education Committee, and Energy and Utility Committee. They will be looking at TIF, tax reform, LGA and HACA in the Tax Committee. In Energy and Utilities, they will be discussing the affordability of home heating and telecom. Steve Mielke said that approximately 30% of the City's budget comes from LGA and HACA. It would be difficult if those funding forms were lost to cities. Representative Folliard said that she has not seen the Governor's plan yet. Senator Kelley said that tax reform is part of the Governor's campaign promise. The plan will try to make the calculations of taxes more understandable. Mr. Kelley said that he understood that some cities did not have the tax capacity, the incomes were too low or that they have a lot of tax-exempt property. For these reasons, he is not in favor of eliminating the LGA. Mr. Mielke said that 1 % of the levy was being paid to sales tax. Representative Folliard said that last year, she wrote a letter to the chair of the committee, but did not receive an answer. She thought that this year she could present it as a bill. Mr. Kelley said that it is just not a tax that is important to the average citizen. Council Member Hesch said that the sales tax to cities should be viewed as a real estate tax and that it is double taxation. Mr. Mielke said that information privacy is an issue for cities. We have to collect information for legitimate governmental purposes and that he would like to see the cities be able to withhold some of that information. January 2, 2001 City Council Meeting Minutes Page 2 Mr. Kelley commended the Council and Staff on their efforts to encourage citizen involvement in government. VI. PUBLIC HEARING 1. 2001 Street Improvement Project (CR2001-03) Jim Gessele said that the Council ordered a public hearing at its meeting on December 19, 2000. Mr. Gessele reviewed the scope of the project and said that the estimated cost of the project is $1 ,076,043.00. The amount to assess is estimated at $586,453. This amount will be assessed at a 70/30 split. Plans would be in front of the Council for approval on the 6tn of March, bid opening the week of March 26t'', assessment hearing on May 1St and the bid awarded on June 1St. The project will be funded by the sale of bonds. Mr. Gessele said that a public hearing notice was published and that all effected property owners were notified. Mayor Maxwell opened the public hearing at 8:25 p.m. and asked for those who wanted to speak on 1 1 to Ave S to come forward. Scott Matson, 1282 Trail wood S said that he has concerns about the traffic on 1 1 to Ave. It is difficult to see when turning onto 11 to Ave and that traffic is coming very fast. Mr. Matson also asked how the assessment to association members is determined. Mr. Gessele answered that the assessment is determined by the front footage of association property divided by the number of units in the association. Mr. Stadler said that they will try to calm the movement of traffic in the design of the street by narrowing the street and incorporating bump outs. Pat Butler, general manager of Westbrooke Patio Homes, asked if the storm sewer assessment for their properties is included in the assessment. Mr. Gessele said that it is not; that will be an additional $107,840. Jan Gasterland, an owner of six units at Westbrooke Park, asked if they will be assessed again next year for phase two of the 1 1 to Ave improvements and asked why the street is not being done in one project. Mr. Stadler said that yes, they will be assessed again next year. The reason for dividing the project into phases is to make it more manageable. Mr. Gessele said that there was a~possibility that this project assessment could be deferred to 2002. Mr. Gasterland said that the project would have a negative impact on Westbrooke Park for both phases. In answer to Council Member Jensen's question, Mr. Gessele said that to expand the project this year, the January 2, 2001 City Council Meeting Minutes Page 3 process would have to begin again with notices sent to all the effected owners and a new public hearing would have to be scheduled. The Council discussed the reasons for dividing the street into phases. Lori Strike, 1242 Landmark Tr N, asked if Westbrooke Patio would have another assessment next year and expressed a concern that the residents were paying for a road that was really benefiting businesses. Tony Gannon, 1244 Trailwood S, asked if the City will assess itself for the lot along 1 1 th Ave. Staff answered that the City will pay for its share. The Mayor asked those who would like to discuss 14th Ave N to come forward. Sandy Saline, 401 14th Ave N, said that she is in favor of narrowing the road. Mayor Maxwell said that those who had an interest in 16th Ave N could come forward. Jim Williams, 101 16t" Ave N, said that the City should include a bid item that will allow the residents to hire the contractor to replace old sewer and water lines when the street is opened up. Mr. Williams said that the City should inform those residents that it is relatively inexpensive to do in conjunction with the project and very expensive if it has to be done at any other time. Mr. Stadler said that they would include it as a bid item and that they will inform the residents. George Kotars, 146 16th Ave N, asked when the project would begin and end. He also voiced a concern about mature trees that are lifting the sidewalks and breaking up the curbs and questioned if any of the trees can be removed from the boulevards. Mr. Stadler said that the trees are not typically removed to save sidewalks and curbs. He suggested that the resident could petition to have the tree removed and staff would canvass the other neighbors to see how they felt about it and then make a determination. In answer to Mr. Mielke's question, Mr. Stadler said that it would be at the resident's expense. Mr. Gessele gave the schedule to Mr. Kotars. Council Member Jensen moved and Council Member Brausen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 9;00 p.m. January 2, 2001 City Council Meeting Minutes Page 4 The Council Members discussed the options of doing the 1 1th Ave improvements as one project, deferring the assessments, and pushing back the next phase for two or three years. Council Member Jensen moved and Council Member Johnson seconded a motion to adopt Resolution 2001-02, Resolution Ordering Improvements After Public Hearing, Project 00-10, and companion Resolution 2001-03, stating City's intent to sell revenue bonds to fund this project and directed staff and Bolton and Menk to research the possibilities of the three options and bring answers back to the Council at the next meeting. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS 1. Accept Feasibility Report, Order Public Hearing, Knollwood Pond Improvements (CR2001-06) Steve Stadler said that staff received a petition from 38 (73%) of the property owners in the I<nollwood neighborhood. The petition requests improvements to the storm sewer retention pond (bank erosion control, new sodding and native plantings around the entire pond perimeter, and new rip-rap installation at the storm sewer inlets. The residents have met with staff and Barr Engineering and have agreed on the improvements. The residents have requested that all Knollwood neighborhood property owners be assessed for the improvements. The cost of the project is approximately 575,000 to be assessed at 70% with the City paying 30%. Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 2001-001, Resolution Declaring Adequacy of Petition and Ordering Preparation of Report, Knollwood Pond Improvements, Project 00-14. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Cable Franchise for Everest Communications (CR2001-01) Jim Genellie said that the City, along with four other cities of the Southwest Suburban Cable Commission has been in the process of considering new cable franchises since April of 2000. The cities instructed the Commission to work with two companies to prepare a Cable Television Franchise Ordinance that would comply January 2, 2001 City Council Meeting Minutes Page 5 with all applicable local, state and federal laws. Mr. Genellie introduced Brian Grogan, attorney with Moss and Barnet. Mr. Grogan reviewed the history of the process and said that the Commission was guided by language contained in the Time Warner's existing franchise and state law. The only difference between the Time Warner Ordinance and the Everest Ordinance is that the Everest Ordinance contains an institutional network requirement where the City will pay the incremental costs associated with the provision of additional fiber and the cost for any extension of the fiber beyond those locations where Everest is installing fiber as part of its subscriber network. Mr. Grogan said that the City of Hopkins has requested additional language that the franchise document would be subordinate to a Right-of-Way ordinance that the City is in the process of developing. Tamara O'Neil, representing Everest, said that they are not in agreement with the additional language. Ms. O'Neil said that they have not been given a copy of a draft of the Right-of-Way ordinance and so, have nothing to base agreement on. Mr. Grogan said that Tirne Warner will also be required to comply with the Right-of- Way ordinance. The reason it is being incorporated into this ordinance is because the City wants it to be very clear. Council Member Hesch moved and Council Member Brausen seconded a motion to Approve Ordinance 2001-849 for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. First Reading of Cable Franchise for WideOpen West (CR2001-02) Mr. Genellie said that the conditions for Wide0pen West are the same as for Everest. Council Member Johnson moved and Council Member Jensen seconded a motion to Approve Ordinance 2001-850 for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. January 2, 2001 City Council Meeting Minutes Page 6 VIII. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Hesch seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:45 p.m. ATTEST: ~~~~ Eug a J. axwell, Mayor January 2, 2001 City Council Meeting Minutes Page 7 COUNCIL MEMBERS