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01-07-03A regular meeting of the Hopkins City Council was held on January 7, 2003, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and Rowan. Also, present were staff members Mielke, Genellie, Kerrigan, N. Anderson, J. Anderson, Yager, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:40 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS III. OATH OF OFFICE Chief Craig Reid introduced the Micheal Johnson. Chief Reid said that when a new officer joins the force, it is a community event. The officer's authority comes from the citizens of the community. Micheal was sworn. His badge was pinned by his mother. II. PRESENTATION 1 . Legislative Preview Senator Kelley and Representative Rhodes came forward to discuss the coming legislative session and the concerns of the City. Senator Kelley said that the big issue facing the State will be the immediate $350 million deficit. That amount has to be resolved in the first six months of this year. The remaining deficit, over $4 billion will have to be addressed later in the year. Solutions that are on the table will involve service cuts and cuts in local government aid. That will affect cities, schools and counties. There may be a loss of property tax relief. The solutions will slide back to property tax. Representative Rhodes agreed that the deficit is the major issue. He said that the legislative bodies might be more creative that they- have been in the past. In response to Representative Rhodes question, Council responded that his first contact should be City Manager Steve Mielke. Steve Mielke said that we realize that the City is part of the solution; that approximately 1 2% of our budget is state aid; and that our levy increased in the general fund approximately $30,000. Levy limits are due to expire this year. Will Cities be given the authority to decide how much revenue they need? Mr. Mielke also asked if Cities would be given additional tax authority. Senator Kelley and Representative Rhodes both said that they are opposed fo levy limits. Mr. Mielke also brought up the sales tax that is collected on City purchases. This amount accounts for 1 % of our general fund budget. The TIF district on the North Annex project is due to expire this year. Can this district be extended? Senator Kelley and Representative Rhodes both agreed that they would January 7, 2003 City Council Meeting Minutes Pagel write legislation to extend that TIF district. The City of Hopkins is constructing new facilities. The Chemical Assessment team for the Western Metro area will store equipment in the new fire facility. The City will request aid for the storage. The City Council and Senator Kelley and Representative Rhodes discussed the Conceal/Carry firearms legislation. Both predicted that it would pass this year. The City Council and Senator Kelley and Representative Rhodes discussed transportation. Senator Kelley said that bonding for roads now is borrowing against future growth. The outlook is not good for transit. 2. Proclamation for the Hopkins Area Jaycees Mayor Maxwell announced that January 19 through January 25 is, Hopkins Jaycees Week. IV. REPORTS -COMMITTEES/COMMISSIONS There were none. VI. CONSENT AGENDA 1 . Minutes of December 17, 2002 City Council Meeting 2. Ratify Prior Month's Disbursements 3. Approve Official Newspaper (CR2003-01) 4. Second Reading, Approve Park Board Change of Terms and Council Representative (Memo) 5. Second Reading, Ordinance Amending Truth in Housing (Memo) 6. Second Reading, Ordinance Amending Property Maintenance (Memo) 7. Approve Final Payment, 2002 Sidewalk Project (CR2003-002) 8. Approve Final Payment, 2002 Alley Project (CR2003-003) 9. Resolution for Early Redemption of TIF Bond (CR2003-009) 10.Approve Date for Hopkins Board of Appeal and Equalization (Memo) 1 1 .Approve Property Information System Agreement with Hennepin County (CR2003-005) In response to Mayor Maxwell's question, Lori Yager said that item nine involves the early retirement of TIF Bonds. The bonds are due in 2007. The savings in retiring them now is about $40,000. The earnings would not be as good as the interest payment. These funds can only be used to pool with other TIF districts. Those funds are healthy now. Council Member Jensen moved and Council Member Brausen seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. January 7, 2003 City Council Meeting Minutes Paget VII. OLD BUSINESS 1. Setback Variance, 254 - 20th Ave N, Phone Equipment (CR2003=006) The applicant has requested that this item be continued to the January 21St meeting. Council Member Brausen moved and Council Member Jensen seconded a motion to continue the item to January 21, 2003. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. NEW BUSINESS 1 . First Reading, Moratorium Ordinance, Wireless Telecom Facilities (CR2003- 007 ) In December, the Council reviewed a request for a variance from Qwest to locate wireless telephone equipment on residential property. The Council asked staff to draft an interim ordinance to allow the City Council time to study the regulation of personal wireless equipment within residential districts. The ordinance will not apply to any permit requests received prior to the moratorium. A discussion was held concerning the issues that should be studied during the moratorium. The issues decided upon are commercial uses in residential areas; height of antennas; ground equipment next to antennas; exceptions that will be granted in residential areas; screening of ground equipment; requirements for underground placement; if variances should be allowed in residential areas for commercial uses; and that the study should include all residential areas. Mayor Maxwell asked for comments from the audience. There were none. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Ordinance 2003-891 , placing an interim ordinance regulating and restricting the installation of above-ground personal wireless telecommunications equipment or facilities within residential districts, for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. First Reading, Moratorium Ordinance, Currency Exchange Businesses (CR2003- 008) In December 2002, the City Council hear a request for a zoning amendment to allow a currency exchange business as a primary use in the B-3 Zoning district. The Council denied the amendment and directed staff to draft an ordinance to place a moratorium on January 7, 2003 City Council Meeting Minutes Page3 currency exchange as primary or secondary uses in the businesses districts. The moratorium will expire after one year. Mayor Maxwell opened the public hearing at 8:47 p.m. No one came forward. Council Member Jensen moved and Council Member Johnson seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:48 p.rn. Council Member Rowan moved and Council Member Jensen seconded a motion to adopt Ordinance 2003-892, placing an interim ordinance regulating currency exchanges as a permitted and secondary use, for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 8:50 p.m. Respectively Submitted, Terry O er aier, City Clerk ATTEST: Eugene J. axwell, Mayor January 7, 2003 City Council Meeting Minutes Page4 COUNCIL MEMBERS