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02-11-03 WSFebruary 11, 2003 Page 1 MINUTES CITY COUNCIL WORK SESSION -February 11, 2003 A work session of the Hopkins City Council was called to order by Mayor pro-tempore Johnson at 6:30 p.m. on February 11, 2003, at the City Hall. Council members present were Council members Brausen, Jensen, Johnson and Rowan. City personnel present were: City Manager Mielke; Police Chief Reid, Assistant Fire Chief Klocek; Public Works Director Stadler; City Attorney Jerre Miller and Engineering Supervisor John Anderson. Also present was Steve Cramer of Hennepin County HRA. HC HRA Legislation Resolution Mr. Mielke said Hennepin County is seeking changes in HRA law so that it can levy taxes countywide. St. Louis Park, Robbinsdale, Minneapolis and Hopkins could still levy as they do presently. Mr. Cramer said such levies would be transit and housing focused. The county is not planning at this time to levy such taxes; but, considering the state financial situation, it is looking for future options to keep countywide programs in place. The 4 cities' pre-1971 HRAs make a countywide levy difficult. If the county cannot levy countywide, those cities not allowing such levies would legally not be able to be in such county programs. He feels Hopkins will be the focus of many such programs because of the Southwest Corridor. If the county levied at its top level it would be about $21/year per average household; the level would much more likely be at $10- 11/year. The other three cities have already voted to support the resolution for such a change. Mr. Mielke noted that the City's support or lack of support does not guarantee such a law would be passed by the legislature. Mr. Rowan said he feels the city would be giving up a bargaining chip. Mr. Cramer responded Hopkins has one as state legislators Rhodes and Kelly would be among the authors of the bill if Hopkins also supports the resolution. Ms. Johnson said there were no guarantees Hopkins would get anything back; Mr. Cramer said to not do so would be bad politics and that Southwest Corridor projects would ensure Hopkins would probably get back more. Ms. Jensen noted not supporting it could create `bad blood' witl'i the county, but three of the council members are not comfortable because they are responsible to the residents of Hopkins. Mr. Mielke said staff supports the resolution because even though Hopkins had the authority it has levied only in the past 2 years, and they see Hopkins getting more in returns than the cost as they go to the county for programs that benefit Hopkins. Smallpox Immunization Update Chiefs Reid and Klocek gave Council the latest information on the smallpox immunization program, noting it changes rapidly. They noted the program is entirely voluntary. NPDES, Phase II storm water program application Mr. Anderson said the National Pollutant Discharge Elimination System program is federally mandated, though there is no funding. The second phase is concerned with urban storm February 11, 2003 Page 2 water, etc. Hopkins has yet to receive the application, even though it is due March 10. The main issues are public education, public participation, illicit discharge elimination, construction site runoff control, post-construction storm water management, and pollution prevention. The program is very flexible, with each city submitting its own program and then reporting on an annual basis. The major new part for Hopkins will be the construction regulation. One problem is that other entities with their own conveyances, such as Minnehaha Creek Watershed, also retain authority. Mr. Stadler said the main thrust of the program is to ensure all cities support storm sewer .systems. Ms. Johnson asked if the Council will be directly involved; Mr. Anderson said ordinances may need to be passed. Mr. Brausen asked how long the software would last. Mr. Anderson said at least the first five years of the program; it will provide a system for recording data as things are done and then generate the annual report. Qwest wireless right-of-way permit Mr. Stadler said personally he does not like the proposal, especially since police could not substantiate the "dead zones" Qwest reported. However, as City Attorney Miller pointed out, the only grounds for denying such permits is they adversely affect public health, safety or welfare. Mr. Miller added he did not think Hopkins could win a lawsuit on those grounds. Mr. Brausen asked about other companies wanting such permits; Mr. Miller said conditions of the right of way could provide grounds for denial -that there would not be enough room. Ms. Johnson asked about payment; Mr. Stadler said Qwest would pay a management fee, based on actual cost to the city. General discussion showed a concern about the technical aspects, especially for underground. Ms. Johnson wondered if it could be built into the hill on the site. Mr. Anderson suggested the city hire a technical advisor who could evaluate Qwest's plans and assertions. Mr. Stadler said that could become part of the costs Qwest would need to pay as the processing fee. Ms. Johnson asked about deadlines; Mr. Miller said the 60-day limit was not originally intended for such cases, but it might be wise for the city to notify Qwest they need more than 60 days; mutual consent would be needed for more than 120 days. Mr. Brausen noted the seminar had given much more information than Qwest has supplied; Mr. Mielke said he would see if the seminar information is available. General Consensus was that legal and technical advice is needed on what is entailed with underground equipment (including how much of it is above ground); possibility of moving into the hillside needs to be studied; NLC seminar information needs to be looked into; the expansion issue needs to be studied - is it better to let Qwest build a larger underground structure now for future expansion or not. Flag Display Policies Mr. Stadler said in September 2002 the city received a letter from Mr. Arlt stating the flag was not properly displayed on Memorial Day. He has checked and neighboring cities and Hennepin County do not follow the Memorial Day procedure. Ms. Jensen wondered if others could take care of the flags; Mr. Mielke said no as the lanyards are very high to prevent vandalism. Mr. Stadler said overtime pay would be only for Memorial Day. Mr. Rowan said he felt half-mast on Memorial Day morning was good; Ms. Johnson and Mr. Brausen agreed it would be worth the city expense, which Mr. Mielke estimated at $120-180. The question of emergency proclamations was raised; Ms. Johnson said someone would surely call police dispatch, which February 11, 2003 Page 3 could alert the on-call person for Public Works. General Consensus was to follow the display rules and to assign the responsibility to a staff member. Other Mr. Mielke discussed the proposal of Auditor Pat Anderson Awada. He said the assumption is that essential services are only those involving public safety, roads and highways, and general government. Some cities would argue airports; libraries and parks are also essential services. Her plan would actually favor Hopkins, in that its LGA would be cut only $125,000; others who say LGA should be cut 50% for everyone would cut Hopkins by $400,000. He thinks the argument over essential services will mean her proposal will not pass. He suggested that in March the "worst, best, medium" budget scenarios be discussed. He also noted the Speaker of the House had spent time in his office wanting feedback on Hopkins' stand on such issues as salary freezes. Mr. Mielke noted State of the City information would be out before the next Council meeting. Ms. Johnson noted she needs it before then, as she will be out of town. Ms. Johnson reminded members of the Partnership Celebration on February 19. Mr. Brausen moved adjournment. Ms. Jensen seconded. Meeting adjourned at 9:20 p.m. Kasey Kester, Secretary ATTEST: ~ ~~~i~~ Euge e J. Maxwell, Mayor