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01-17-06A regular meeting of the Hopkins City Council was held on January 17, 2006, in the _ Council Chambers of the Hopkins City Hail. Present were Mayor Maxwell and Council Members Youakim, Thompson, and Halverson, and Rowan. Also, present were staff members Getschow, Genellie, Stadler, Kerrigan, Harkess, and City Attorney Jerry Steiner. I. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:35 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Dee Otto, 97 Blake Rd N, came forward and stated that she was representing the residents of Westside Apartments. Ms. Otto stated that since the reconstruction of the Blake Rd and Excelsior Blvd. intersection and the traffic death that took place last year, several bus stops have been eliminated on Blake Rd. Prior to that time, eastbound and westbound bus stops were located in front of their building. Now their residents are required to walk to the corner, cross Excelsior Blvd and Blake Rd to get on a bus. The residents of Westside Apartments requested that the bus stops in front of their building be restored. Mayor Maxwell stated that it is a safety issue. Mr. Stadler, Director of Public Works also stated that it is a safety issue. Mr. Stadler further stated that he will work with the residents of Westside Apartments and the MTC to see if something can be done to make it easier for the residents. III. SPECIAL ORDER OF BUSINESS 1. Resolution appointing City Council Member to Fill Vacancy The City Council made a decision to appoint Bruce Rowan to fill the Council vacancy. Council Member Youakim moved and Council Member Thompson seconded a motion to adopt Resolution 2006-003, resolution appointing Bruce Rowan to fill the City Council vacancy. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. IV. OATH OF OFFICE 1 . Bruce Rowan, City Council The oath of office was administered to Bruce Rowan. V. PRESENTATION .fanuary 17, 2006 City Council Meeting Minutes Page 1 1. HCA, Inc. Quarterly Report Susan Hanna-Bibus, Executive Arts Coordinator, Hopkins Center for the Arts, and three board members, Wayne Olson, Chris Tower, and Dr. Paul Slaton, reviewed the second quarter activity of the Hopkins Center for the Arts and the second quarter financial status. VI. CONSENT AGENDA 1. Minutes of January 3, 2006 City Council Meeting 2. Minutes of January 3, 2006 City Council Work Session 3. Minutes of January 10, 2006 City Council Work Session 4. Approve Premises Application for Lawful Gambling, Elks Club (CR2006-012) 5. Approve Penalty for the Big 10 Bar and Restaurant (CR2006-009) 6. Approve Increase in Non-union Wages (CR2006-014) 7. Approve 2006-2007 Sergeant's Contract (CR2006-13) Council Member Rowan moved to approve the Consent Agenda. Council Member Youakim requested that item five be removed from the agenda and voted on separately. Council Member Thompson moved and Council Member Youakim seconded a motion to approve the Consent Agenda with item five removed. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Halverson moved and Council Member Thompson seconded a motion to approve item five. A poll of the vote was as follows: Council Member Youakim abstained; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried. VII. PUBLIC HEARING 1. Approve Revision of the City Charter, Ordinance 2005-958 (CR2006-008) The Hopkins Charter Commission met on April 26, September 27, and November 15, 2005. The Commission discussed changing the method used to elect members of the City Council at all three meetings. On November 15, 2005, the Commission voted to recommend the adoption of Ordinance 2005-958 by the Hopkins City Council. This ordinance would adopt ranked choice or "instant runoff" balloting for the Mayor and City Council. In 2004, the City Council established an Alternative Voting Task Force to obtain, study and evaluate data on alternative voting methods for use in Hopkins. The Task Force presented a preliminary report to the Charter Commission on April 26, 2005. January 17, 2006 City Council Meeting Minutes Page 2 Mr. Genellie reviewed the Alternative Voting Task Force work and explained the concept of ranked ballot voting as well as the process for amending the City Charter. The change requires approval of all Council Members. Fran Hesch, Chair of the Charter Commission and Chair of the Task Force, reviewed the history of the concept, explained that the Commission came to the conclusion that the current form of voting did not always elect the candidate favored by a majority of the voters, and explained how ranked ballot voting would result in the winning candidate having a majority of the vote. Ms. Hesch brought up the concerns of Council Member Rowan and suggested that the Charter Commission and the City Council hold a joint meeting to discuss the language of the ordinance. Ms. Hesch read a letter from Ted Duepner, a resident of Hopkins supporting the ordinance. Mayor Maxwell opened the public hearing 8:05 at p.m. Fred Mulvany, 106 18t" Ave S, opposed the change. Steve Lewis, member of the Charter Commission and the Task Force, came forward and said that the method of electing candidates that we currently use is the only method that could elect a candidate that is opposed by the majority of the people. Steve Simon, State Representative; Dorothy Boen, Charter Commission Member and Task Force Member; Roger Gross, Charter Commission Member; Karen Jensen, Charter Commission Member; Dan Doling, 5t" Ave N resident; Rob Healey, 245 Van Buren Ave S, Task Force Member; and Bill Hannon Edina Resident, Task Force Member came forward in support of the ordinance. Fran Hesch thanked Tony Solgard and Bruce Kennedy who represented Fair Vote Minnesota. City Attorney Jerry Steiner stated that the vote must be unanimous on the language of the current ordinance. If the Council wishes to see changes to the language, it should be voted down and sent back to the Charter Commission to begin the process anew. If the Council chose to take Ms. Hesch's suggestion, the public hearing could be continued for more information so that the Council could schedule a work session with the Charter Commission. Council Member Rowan stated a concern that he is not certain that current language would allow two votes for Council position as we do now in "vote for up to two" on the January 17, 2006 City Council Meeting Minutes Page 3 ballot. Mr. Rowan stated that he would like more information on the current language as well as information on possible changes. Council Member Rowan moved and Council Member Thompson seconded a motion to continue the public hearing to March 6, 2006. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. NEW BUSINESS 1, Approve Agreement for Custodial Services (CR2006-01 1) This item was removed from the agenda as per recommendation from the City Attorney. 2. Approve Design Services Contract Addendum, Excelsior Blvd. (CR2006-010) The Phase III area of Excelsior Blvd., from 9t" Ave to Hwy 169, is planned to receive landscape/streetscape and lighting improvements to match the first two phases of Excelsior Blvd. In July, the City executed a design services agreement with Hoisington Koegler Group for streetscape design up to and including schematic design. The fee for the final design services was set at 8% of the schematic design construction cost estimate and stated that the agreement would be amended to include final construction drawing preparation. Project construction was moved back one year to 2006 to allow time to coordinate utility work and to confirm funding availability and impact. The proposed addendum covers preparation of final construction drawings at a cost of $96,000. Council Member Thompson moved and Council Member Halverson seconded a motion to approve a contract addendum covering final design services with Hoisington Koegler Group, Inc. for Excelsior Blvd., Phase III streetscape design and authorize the Mayor and City Manager to sign the addendum. A poll of the vote was as follows: Council Member Youakim, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Quarterly Financial Report (Memo) Finance Director Christine Harkess reviewed the 2005 fourth quarter financials. Council Member Youakim asked if the enterprise funds would balance out when the January payments are applied. Ms. Harkess answered that they would. Council Member Youakim asked why the General Fund Revenues, charges for services, is low. Ms. Harkess answered that not all revenues have been applied at this time and that she would provide the Council with more information about this. The Council discussed the enterprise funds January 17, 2006 City Council Meeting Minutes Page 4 and the meter program. Mayor Maxwell asked staff to give the Council an update on the meter program at a March meeting. IX. ADJOURNMENT There being no further business, Council Member Thompson moved and Council Member Halverson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:20 p.m. ATTEST: Euge J. axwell, Mayor January 17, 2006 City Council Meeting Minutes Page 5 COU`j~NCIL. MEMMBERS .~. Y y,f 9 ~ s 4 /'