09-26-06 WSSeptember 26, 2006
Page 1
MINUTES
CITY COUNCIL WORK SESSION --September 26, 2006
A work session of the Hopkins City Council was called to order by Mayor Gene
Maxwell at 6:30 p.m. on September 26, 2006, at the Hopkins City Hall. Council members
Kristi Halverson, Bruce Rowan, Jay Thompson and Cheryl Youakim were present. City
personnel present were City Manager Rick Getschow, Public Works Director Steve
Stadler, City Attorney Wynn Curtis, Police Chief Craig Reid, and Finance Director
Christine Harkens. Also present were Josh Montgomery and Richard Niemann of the
Park Board.
Discussion, Dog Park
Mr. Stadler said on May 15 the Park Board had an informational meeting on the
dog park. More than 250 Meadow Creek Condominiums residents had signed a petition
against the dog park. Because of this, Council directed the Board and staff to look at
alternatives. They have found there are two nearby dog parks that Hopkins residents may
use: the present parks in Edina and Eden Prairie, and Three Rivers Park District dog park
at Bryant Lake Regional Park, which will open in October. Staff has made contact with
Edina to see if there is a way to lower the nonresident fees. If a Hopkins dog park is not
built, staff would inform residents of the availability of the other dog parks and the
processes involved on the website, Hopkins Highlights and Sun Sailor.
General Consensus was staff should follow up with Edina.
Drug Paraphernalia Ordinance
Police Chief Craig Reid showed the Council examples of drug paraphernalia. He
said Bloomington had passed a drug paraphernalia ordinance in 1998; they enforced it for
the first time this year. No other cities in the metro area have such an ordinance.
Answering Mr. Rowan, Mayor Maxwell said he had suggested the police look into the
matter because of the situation at Blake Road. Police talked to the 3 tobacco stores
involved. Answering Ms. Youakim, Chief Reid said Back Door Tobacco had agreed to
remove their paraphernalia. Ms. Youakim noted that would not include hubba-bubbas as
the Somali and Moslem communities use them for regular tobacco. Mayor Maxwell
noted a bill had been introduced in the state legislature last year, but didn't get anywhere.
City Attorney Wynn Curtis noted that possession of paraphernalia is a petty
misdemeanor, just like a parking ticket. The Hennepin County court system would not
support the ordinance, in his opinion. Bloomington was unable to prove its case as it is
impossible to prove the seller knows the paraphernalia will be used illegally. Ms.
Youakim noted it is like selling guns; Mr. Curtis agreed that was a good example. He
said it would be better to approach it like the city has with adult uses, limiting space, etc.
That would be enforceable. Ms. Youakim suggested carding ID's be included. Chief
Reid added no one has an ordinance of that type that he knows of. Mayor Maxwell noted
state law requires a buyer be 18 to get a cigarette lighter. Ms. Youakim suggested this
would be a good project for Reduce the Use committee; Mr. Getschow agreed. Mr.
Rowan agreed he would go along with this approach, but not a paraphernalia ordinance.
Chief Reid said he does not want something that can't be enforced. He would like to do
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more research on age and ID requirements for tobacco. He agreed Reduce the Use
should be involved.
General Consensus was to research tobacco language. Mayor Maxwell suggested
staff see what language was in the legislative bill.
City Attorney Curtis briefly discussed a complaint received by his office.
Sewer Backup Insurance
Finance Director Harkess said of the 855 cities in Minnesota, 50 cities have this
insurance. Premium cost is 8.5% of the annual liability premium, about $8,000. The cost
per customer would be roughly 20¢ per month. Coverage limits are $10,000 per building
per year, and a building is defined as any number of structures served by a single
connection to the city's sewer system. Deductibles apply to the annual deductibles. To
receive payment there are 4 conditions: 1) it resulted from the city sewer system's
conditions, 2) it was not caused by a condition in lines not owned or maintained by the
city, 3) it did not result from a catastrophic incident (which includes "100 year rains"), 4)
the occurrence is on or after the retroactive date on the endorsement. She also briefly
went over the criteria Hopkins must meet to be eligible. Mr. Getschow noted Hopkins
already meets most of those. The question is "Does the Council want to spend money for
something it is not required to do?" Of concern is the possibility residents may drop their
own sewer coverage. Mr. Getschow said the city would have to be very proactive on
education. He noted there has been about one instance each year the past two years, but
he does not know the amount of damage for them. Mr. Thompson wondered if the city
could self-insure. Ms. Harkess said it might be possible, but staff does not have expertise
in that area. Mayor Maxwell felt the city would be inundated with claims. Mr.
Thompson said the benefit is so limited it might be better to educate residents on why
they should have sewer backup insurance. Mr. Rowan said most policies have
deductibles and this insurance would help residents make that up. Ms. Youakim asked if
it could be part of the CIP on streets; Mr. Getschow anything to do with sewer operations
should be in the Sewer Enterprise Fund. Ms. Harkess said the Sewer Fund is already in
precarious condition with the Met Council rate increase and staff is already looking at
rate increases. Mayor Maxwell felt a lot of money has been spent on the sewer
infrastructure and doesn't want to see money spent on this. If a fund were set up, ten
years later another Council may have very different ideas of what to do with the money.
Mr. Thompson said he would like statistics on occurrences from Mr. Stadler before
deciding. Ms. Halverson asked if this would be under our overall deductible for
insurance; if so, she would be against it as the city would end up paying the claims.
General Consensus was to find out about the deductible set-up and to get statistics
from Mr. Stadler before making a decision. Mayor Maxwell also asked for statistics on
how many cities have collected under this insurance.
2007/2008 Goals and Objectives
City Manager Getschow said he has met with department heads and discussed the
strategic plan. He also provided a presentation at an all-employee meeting. He put their
suggestions under 6 goals. He would appreciate feedback from the Council as they look
over the first draft. He would like to get feedback from the Citizens Academy Alumni
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group on October 12. Then the Council could discuss the draft at a work session, with
adoption of a final document in November. He would like to make a list of past goals
that have been met and put it on the city's website as "Here's What We Have Done."
Other
Mr. Thompson asked about the Excelsior Crossing changes. Mr. Getschow said
they were basically upgrades in materials and adding more curvature to the buildings.
Opus will be coming to the Council, probably in November.
Ms. Youakim said a resident had asked her about the old Jaycee building. Mr.
Getschow said she should direct the resident to Mr. Kerrigan.
Mayor Maxwell mentioned the Human Rights Conference next Saturday, noting
someone from the police department would be there.
Mr. Getschow said he and Mayor Maxwell will be talking to the school district
about the proposed closing of Katherine Curren Elementary School.
Mr. Getschow discussed the billboard lawsuit, noting the jury decided totally in
favor of Hopkins. He noted City Planner Anderson testified for two hours and did an
excellent job for the city.
On motion by Mayor Maxwell and second by Ms. Youakim, the meeting
adjourned at 8:50 p.m. on a vote of 5-0.
Kasey Kester, Secretary