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08-10-04 WSAugust 10, 2004 Page 1 MINUTES CITY COUNCIL WORK SESSION -August 10, 2004 A work session of the Hopkins City Council was called to order by Mayor Gene Maxwell at 6:15 p.m. on August 10, 2004, at the City Hall. Council members Brausen, Johnson, Rowan and Thompson were present. City personnel present were: Acting City Manager Jim Genellie; Public Works Director Steve Stadler, and City Attorney Jeremy Steiner. City Attorney Curtiss Wynn introduced Attorney Jason Hutchinson to the Council before the meeting. At 6:40 Ms. Johnson moved to have a closed session on the Blake School settlement and the Ugorets lawsuit. Mr. Thompson seconded. Approved 5-0. At 7:55 Mayor Maxwell re-opened the City Council work session. Shady Oak Road Project Discussion Mr. Stadler said the county is putting together a report to the Minnetonka and Hopkins councils laying out a couple of alternatives. He would like to come back August 31 to talk about the roadway, design, volumes of traffic, etc. Later, perhaps in October, he would be able to present a more complete report with alignment options, development areas, property impacts, the public process, etc. Answering Council member questions, he said there will first be a meeting with Gus of Hennepin County, then a joint meeting of the city councils. He feels construction will not start unti12007-08, although property acquisition may start in 2006. Projected roadwork is from Excelsior Blvd. to Highway 7, but he agreed it is likely this will be extended further south later. It has been agreed it would be helpful to split property impacts between the cities. Staff will be meeting with Blackstone of the County. The County wants to make the road 4-lane. He has told County personnel they should explain to the Council why a 4-lane is needed rather than a 3-lane when they meet. The Council expressed concern how this would affect businesses. Mr. Stadler said the County tries to relocate businesses. He will ask for further information on that program. General Consensus was more information is needed about the County's relocation program. The Council will not do any notification to businesses until they have some firm details about the project and can answer questions. Discussion of Smoking Ban Mr. Genellie said he had gathered material on banning smoking to help the Council make a decision if they should do anything or not. Mayor Maxwell mentioned the meeting St. Louis Park had a month ago where they had asked mayors of other cities about a joint venture regarding the smoking ban. There had been talk of contacting the AMM and League of Cities. He thinks a resolution to support the August 10, 2004 Page 2 County will be up for a vote in a couple weeks there. Lakeshore Weekly News has a current article on Minnetonka. He has talked to Mainstreet, Decoy's and Mitch's personnel; they all said they do not want to see such a ban, but also see where it makes sense to support a county-wide ban. He asked about private clubs. Mr. Genellie said some cities exempt private clubs, some do not. Mr. Rowan noted the usual exception is just hotel rooms. He added he thinks the County will want to act by the time the ban already passed by Minneapolis goes into effect, he thinks in March, 2005. Mr. Thompson said he would not be willing so support any resolution supporting banning smoking. He feels it limits people's abilities to make a living, and tobacco is a legal substance. He feels each business owner should be able to decide the smoking policy for his business. His biggest "sticking point" is where will people be able to gather to watch sports games while they smoke? Ms. Johnson agreed. She feels if it is a health issue, it should be voluntary banning by business owners. She has had no calls from concerned Hopkins residents. Mr. Rowan noted liquor is legal, but rules apply where it can be drunk. Mr. Genellie noted the government controls use of many chemicals in private businesses. Mr. Brausen said he agreed with the premise that owners should be able to decide if they wanted to allow smoking or not in their businesses. He also sees where it is a health issue. One issue he is concerned with is how the Council will be able to air the issue out in public. Mayor Maxwell asked how could the city enforce such a ban. Mr. Rowan said he felt that for the greater good the ban should be supported. He feels if he smoked he would not have the right to blow smoke in other people's faces. The ban says there are certain places people cannot smoke, it does not eliminate the right to smoke. He is not as concerned about enforcement as he is about setting the rules. He asked what draws crowds to Hopkins bars and was told live music with no or a low cover charge. Mayor Maxwell said he would be willing to support a resolution to support the County studying the situation. He does not feel the Council should pass any such ban for Hopkins. Mr. Rowan said he had adjusted his first views to where he would agree with Mayor Maxwell that a ban for Hopkins is not a good idea. He does, however, fully back the idea of a resolution supporting aCounty-wide ban. A short discussion on getting feedback from the community followed. General Consensus was to meet with people from the bars, restaurants and private clubs -anyone holding food or liquor licenses - on September 13 at 8:00 p.m. Mr. Genellie will see that letters are sent out. Discussion of Preliminary Budget and Levy Mr. Genellie handed out preliminary budget figures based on department heads feedback. He said he was not sure how those figures impacted the levy rates. He thinks Hopkins may need to ask Ms. Yager for some help to determine that. The other big question is the financing of facilities. While the total overall cost is August 10, 2004 Page 3 below estimates, the police portion is well over budget estimates. As Ms. Yager had noted, the bonds were issued separately for these so the excess for the public works/fire department cannot be moved over to the police facility. Ms. Yager had suggested using the excess public works money to pay down that bond and decrease that portion of the levy and then levy for the shortage of the police facility. Another option is based on the fact that Ms. Yager felt Hopkins' reserves were large enough to attract the state auditor's attention. Perhaps the Council would rather use those reserves for the police facility as it would be a one-time-only expense. Mayor Maxwell noted there were no levy limits this year. Mr. Genellie agreed, but noted that passing a large levy limit and then needing only a small levy would anger many people. He added he hopes that by the 24~' to be able to give the Council a levy based on the budget figures he had just handed out. Ms. Johnson noted that of the increase amounts, 10 is for additional ongoing costs for the new facilities buildings and 10 % is for adding personnel. Mr. Genellie added that the estimates break-down and information from Kraus- Anderson as asked for by Council is being worked on at present. City Manager Qualifications Mayor Maxwell briefly updated and summarized the process of prioritizing City Manager qualifications. Other Mr. Brausen asked about road signs. Mayor Maxwell said he will order them after consulting with Mr. Stadler on the wording needed. He will then a-mail other council members for feedback. Ms. Johnson asked about parking, citing National Night Out parking near the Regency, the Friday/Saturday night signs along 2"~ St. and surrounding area, the remaining No Parking that was originally put in because of Alliant Tech and which no longer is an issue. Mr. Thompson asked if a response had been received from Ms. Sanders. Mr. Genellie will follow up on that. Mr. Thompson asked if a digital camera could be purchased to be kept in the Council chambers. He feels too many opportunities for good city publicity are being missed. General Consensus was this is a good idea. He asked when the new finance director would start. Mr. Genellie said August 30. Mayor Maxwell asked that Mr. Genellie get an update to the Council on the condition of the Pavilion. Mr. Genellie said there is a provision in the city code that payment of special assessments can be deferred for up to 10 years for someone over 65 or with a disability. There are 3 out now. One has just hit the limit. The original $1300 is now $2429 with interest and due next year. The woman owns a duplex and has found other options. But another is due in 2005-6. He checked with the City Attorney. If the Council desires, they can change the code to agree with state law which allows such deferments until the person dies, sells the property, or it goes off homestead classification. Those on deferments could August 10, 2004 Page 4 be grandfathered in. Mr. Brausen asked about duplex vs. single-family requirements. Mr. Genellie said the qualification is income-based. General Consensus was to draft a change in the code. Mayor Maxwell brought up the water meter issue. There was a short general discussion. General Consensus was that the idea of a per meter credit, regardless of the number of users for the meter, should be checked into further. Mr. Thompson moved adjournment. Mr. Brausen seconded. On a 5-0 vote, the meeting adjourned at 10:05 p.m. Kasey Kester, Secretary ATTEST: Eug a J. axwell, Mayor