06-22-04 WSJune 22, 2004
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MINUTES
CITY COUNCIL WORK SESSION -June 22, 2004
A work session of the Hopkins City Council was called to order by Mayor Gene Maxwell
at 6:30 p.m. on June 22, 2004, at the City Hall. Council members Brausen, Rowan and
Thompson were present. City personnel present were: Acting City Manager Jim Genellie; Police
Chief Craig Reid and Katherine Magdal of the police department; Chairman Burt Schmidt, Barbara
Mackintosh and Bob Cavan of Chemical Health Commission; Economic Development Director
Jim Kerrigan; Housing Coordinator Kersten Elverum; City Attorney Jeremy Steiner; and Chief
Don Beckering and Assistant Chief Dale Specken of the fire department.
Joint Meeting with Chemical Health Commission -Liquor Ordinance
Ms. Magdal introduced the incoming member of the Commission, Bob Cavan of MGM.
She said the Commission met with 7 liquor licensee representatives to discuss the proposed
changes. All who had failed compliance checks were there except for one. The general feeling of
that meeting was agreement with the changes and liking the Best Practices Program. Mr. Schmidt
said the general feeling of the commission is that the mandatory checking of all identification
should be part of Best Practices, not the ordinance. There was general discussion on this issue.
Mayor Maxwell felt it would take the pressure off the sales clerks if it were in the ordinance.
Chief Reid noted in that case, if a clerk does not check someone they know or who is elderly, he
would still need to cite the clerk. Retirement buses bring large numbers of elderly atone time, and
some of them do not have driver's licenses; this could be a problem. Mayor Maxwell suggested a
dollar fine for not checking ID's of elderly. Mr. Thompson said he does not want to put something
in an ordinance that won't be really enforced, adding the small fine made sense. Mr. Cavan said
even so, the store owner would fire the clerk for non-compliance if it is in the ordinance. Mr.
Schmidt says clerks often ask for an ID but do not really look at it as they see so many.
Ms. Magdal said the ordinance would require training seminars for at least one person per
store. Owners seemed interested in the idea when they realized this could lower insurance costs.
The ordinance would not set number of hours or sessions.
Chief Reid said a major change is the criminal process against the sales clerk and the civil
process against the store owner would now run concurrently. Violations would go under the
ordinance rather than a violation policy. Fines and suspensions are set on a grid, not up to the
person hearing the matters. Best Practices Program owners would get lesser punishments.
Training sessions would inform employees they are personally responsible for checking and would
face criminal charges if they don't. Ms. Magdal noted suspensions would start on the day of
offense and run consecutively.
Answering Council questions, Chief Reid and Ms. Magdal said if mandatory checking goes
into the ordinance the Best Practices Program would be changed. Scanning machines cost about
$1200 and identify fake, but not stolen, ID's. Some are hooking theirs to their cash registers,
which keeps a record. Chief Reid hopes to have training sessions every other month as there can
be a large turnover in bars and restaurants. Mr. Cavan noted his store usually keeps employees an
average of four years.
Discussion of disposition of fines was held. Ms. Magdal said the usual amount spent on
compliance checks is about $1500 per year. Chief Reid says in the past this was largely covered by
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grants but future grants are unlikely. Mr. Rowan said he would not like fines to pay for training so
that training would be sure to be done. Chief Reid says he has it in his budget now. Mr.
Thompson suggested that fines over a certain amount go either to Chemical Health or the general
fund. Mayor Maxwell suggested $2000.
General Consensus was that Chief Reid would draft a possible fine schedule for failure to
check 1D's. The decision as to whether mandatory checking should be in the Best Practices
Program or the ordinance will be held off until more checking can be done. A nominal fine for not
checking ID's is okay. The police chief as administrator rather than the city manager is a good
idea, as is the suspension starting the same day. The Best Practices Program is a good idea. The
changes for times between violations is okay.
Chief Reid will have a draft by July 13 to the city attorney. First reading will be Sept. 7.
Mr. Schmidt felt Chemical Health probably does not need to look at it again unless the Council
feels it should.
Discussion of Residential Redevelopment Project
Mr. Kerrigan said Mr. Beard had approached him with a concept for redevelopment of the
Hopkins Arches, Rainbow Foods and Kunz Oil properties. The redevelopment would require a
new TIF district. This raises three issues: Is redevelopment here a Council priority? Would the
city want to use eminent domain? Is housing an appropriate usage?
None of the present owners want to sell so eminent domain would probably be required.
Hopkins has never done this for redevelopment projects. It can be very costly. The best way to
protect the city would be to have the developer put money in escrow equal to the estimated amount
of awards and legal costs; condemnation costs are usually twice the market value, which is over
$12 million. Attorney Steiner said a further problem here is that this requires a developer with
"deep pockets." The city would have to sell bonds. A major risk is the city would have to do
quick take condemnation, which would pass title to the city. Then the owners would get to
negotiate the price afterward.
Mr. Brausen noted he had asked Mr. Beard if he had ever approached the owners of that
property; he did not intend it to become an issue. Mayor Maxwell said this would take away some
of Hopkins' employment base, which would not be good. Attorney Steiner said the market can't
determine the land use plan.
General Consensus was the Council is not interested in using eminent domain, nor is it
interested in putting housing on those properties currently zoned industrial.
Pre-Budget, Fire Department
Chief Beckering briefly summarized the activities of the fire department: fire suppression,
emergency medical services, fire prevention and emergency preparedness. There were 52 fire calls
in 2003, and 329 runs for all causes. Medical services are done only as backup to the police, but
are increasing. He feels the education programs with kindergarten, third and fifth grades are so
important the department has done fund raising to keep them going. Emergency preparedness is
overseen by Home Land Security, and standards need to keep being met.
Issues impacting the fire department include: 1. reduction of fire prevention dollars; 2.
reduction from 41 to 36 members (which makes multiple calls difficult and is causing burnout in
volunteers); 3. fire engine 3 has not held out (this puts more strain on other engines as it cannot be
a lead engine for fires; it has had to be dropped to 750 gpm from 1500 gpm but is really 0 as it
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failed recertification. If ISO comes in to evaluate, the city could drop to a class 5 city which would
impact insurance costs for businesses and homeowners).
Concerns that need to be faced in the future are: 1. recruitment and retention of fire
fighters (we will be losing 3 this year and 3 next year); 2. lack of daytime responders (many work
out of the community); 3. loss of key personnel (Chief Beckering leaves January 2006; fire
marshal George Magdal leaves in October 2005; and Dave Klocek will be leaving); 4. loss of fire
prevention/inspection personnel; and 5. increasing demand on a part-time chief (he has worked
well over his paid hours; with the demands of emergency preparedness it has really become afull-
time job).
The city has 4 options to remedy the problems: 1. stay as it is (which will increase
retention problems and mean relying more and more on neighboring cities); 2. use workers in
other departments, such as public works, who will also work as daytime volunteers (some cities do
this, but it could cause scheduling problems, union negotiation problems, etc.) ; 3. contract with
neighboring cities for daytime response ($100-200,000/year); 4. hire afull-time fire chief/fire
marshal/emergency preparedness director and full-time day responders. He detailed the costs of
Option 4 as: year 1 - $10-15,000 for Fire Marshal position; year 2 -additional $30-45,000 with
the majority of costs recouped in revenue generated. Chief Reid said this could be combined with
the CSO traffic position and would give 2 responders for medical emergencies, the fire chief and
the combination person; year 3 -additional $30,000-$45,000 for another person, but would save
on cleaning and maintenance costs for station and equipment; year 4 -additional $30,000-$45,000
as OSHA levels would have higher standards. The decisions as to what option to implement must
be made by January 1, 2005, to allow time to draw up a plan and timeline in the first quarter and
get approval in the second quarter for implementation in the last two quarters.
Answering Council questions, Chief Beckering said for the long-term good of Hopkins,
Option 4 is best due to the loss of key personnel in the next few years. He feels it is essential to
hire afull-time chief, even if the other parts of Option 4 cannot be implemented. They have
adjusted the ERP moving Engine 3 to 2005, duty chief car to 2006 and refurbishing the ladder to
2007. Mr. Specken added replacement of the ladder would be $750,000, but it should really not
need replacement. With the $300,000 refurbishing it should last another 20 years. Chief Beckering
said dropping the ladder truck would affect the ISO for insurance rates for everyone. Evening
volunteers are not a problem, the shortage is a daytime issue.
Mr. Brausen said he is concerned about burnout of volunteers. He had thought of using
Public Works people, but agreed union negotiations could be difficult. He is concerned about over-
taxing the community. Mr. Rowan said his big concern is people issues.
Other
Acting City Manager Jim Genellie asked about scheduling employee meetings on
replacement of the City Manager. It was agreed to meet with the fire department employees June
24 at 6:30 p.m.; on June 28 at 6:30 p.m. with past mayors and city officials; on July 1 at 7:30
a.m. with Public Works employees and at 8:00 a.m. with Public Works supervisors. Mr. Genellie
should work out the other times and send out schedules to all Council members.
Mr. Genellie then asked if there would be a city picnic. After a short discussion it was
agreed to have the picnic with a top expenditure of $500.
Mr. Rowan asked the mayor about the "no smoking" meeting. Mayor Maxwell said they
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talked about the Minneapolis ordinance. Bloomington is passing a tough one. Minnetonka has not
talked about it, nor has Hennepin County. St. Louis Park is considering air quality testing. Some
felt the County should take the lead and pass an ordinance. He told them that Hopkins would
probably pass a resolution to support a County ordinance.
Mr. Thompson asked about the incident on 5~' Ave. N. Wednesday. Mr. Genellie said there
had been a meeting Monday with the neighbors, which the man involved attended. The police
department will be sending a report on the meeting. The biggest concern expressed there was
what is happening in Burnes Park. Staff encouraged them to talk to the Park Board about changing
park hours.
Mr. Thompson said he is still waiting for information on marketing, etc. of North Annex.
Mr. Brausen asked about recycling containers. Mr. Genellie said they had been ordered.
Mayor Maxwell asked about the cost of cutting diseased Dutch elm trees. Would the city
haul them out? Would there be funds for those who have no money? Mr. Genellie said his concern
is that some "fly-by-night" person will come so the city needs to get information out. He will look
into the situation.
Mr. Rowan mentioned he would miss the next work session.
Mr. Brausen moved adjournment. Mr. Thompson seconded. On a 4-0 vote, the meeting
adjourned at 9:50 p.m.
Kasey Kester, Secretary
ATTEST:
Euge a J. axwell, Mayor