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09-13-05 WSSeptember 13, 2005 Page 1 ~~ ~ MINUTES CITY COUNCIL WORK SESSION -September 13, 2005 A work session of the Hopkins City Council was called to order by Mayor Gene Maxwell at 6:30 p.m. on September 13, 2005, at the City Hall. Council members Brausen and Thompson were present. City personnel present were City Manager Rick Getschow; Finance Director Chris Harkess; Assistant City Engineer John Bradford; and Kathy Magdal and Chief Craig Reid of the Police Department. Also present were Mike Wyatt of Minnehaha Creek Watershed District (MCWD) and John Iacono, a member of the MCWD visioning partnership citizen group. Bond Refunding Finance Director Harkess said that Ehlers and Associates recommends Hopkins refund four of its bonds into two bonds, which would result in a savings of more than $260,000 over the life of the bonds. Hopkins possesses a AA- rating that it plans to retain. If Council approves the idea, the bond sale would be scheduled for the September 20 Council meeting and a representative from Ehlers would present the bids and assist with the sale. Council member Jay Thompson introduced Resolution No. 2005-086, Resolution Providing for the Sale of $1,640,000 General Obligation Tax Increment Refunding Bonds and $1,775,000 General Obligation Taxable Refunding Bonds and moved its adoption. Rick Brausen seconded. Council members Rick Brausen, Jay Thompson and Mayor Gene Maxwell all voted in favor. There were no votes against the same. Whereupon ® said resolution was declared duly passed and adopted. Minnehaha Creek Watershed Visioning Assistant City Engineer John Bradford introduced Mike Wyatt of MCWD. Mr. Wyatt said that a year ago MCWD had requested participation in developing a long term management plan for Minnehaha Creek, which resulted in the Minnehaha Creek Visioning Partnership. The impetus came from the MCWD Comprehensive Plan revisions, Army Corps of Engineers feasibility study, and the EPA/MPCA Impaired Waters Program. The latter is important because Minnehaha Creek is on their impaired waters list due to lack of aquatic life. MCWD is trying to get that status removed. Mayor Maxwell asked if Hurricane Katrina would keep the Army Corps from getting needed money. Mr. Wyatt said local support in contacting legislators is essential. He later noted that $3.4 million has been promised for the feasibility study, but "there is no timeline for getting the money." The Partnership's Citizens Advisory Committee had 12 workshop meetings to develop a vision. Briefly summarized this committee said the creek: • Is a corridor with various reaches and destinations, • Serves as a gathering place for people, • ,Provides recreational opportunities, • Is a contemporary cultural resource, yet it also reflects our history, and • Provides natural and aesthetic experiences unique to its setting They felt it was desirable to: • Provide balanced opportunities to experience the creek, September 13, 2005 Page 2 • Improve the natural environment, • Improve water quality, • Have variation and physical differences, and • Be reflective of our history and a priority for our future. He added the committee felt strongly that creek management should depend on education and incentives, such as tax credits and cost sharing in regard to creekside property owners. Mr. Iacono said the committee felt there needed to be a balance between the needs of Lake Minnetonka and Minnehaha Creek; Gray's Bay dam needs to be operated with that balance in mind, although the committee was very aware that lakeshore properties cannot be flooded to "save sunfish in the creek." Mr. Wyatt added there are two major impacts: the dam setting and stormwater drainage by cities. Mayor Maxwell noted every city on the creek needs to know what the other cities are doing with their stormwater. . Mr. Wyatt said MCWD is asking all cities involved to pass resolutions which: support the general vision and adopt the recommendations of the committee; support MCWD, join in future planning of implementation and support the Army Corps in completing the feasibility study. He stressed this does not bind Hopkins to any set course of action in any way, but only to talk to MCWD about implementation. Mr. Bradford added it also does not mean Hopkins approves of all the rules made. Mr. Iacono said the Corps is looking at the health of the Mississippi River; if it increases the health of every inflow, the Mississippi is improved. Minnehaha Creek is a good choice as it is known nationwide. Mayor Maxwell asked how much life is in the creek. Mr. Wyatt said it fluctuates over time. Mr. Iacono said there are fish, but they freeze out each winter. Mr. Wyatt added the fish are "escapees" from Lake Minnetonka. Mr. Bradford noted that at this time there are no guidelines for developments along the creek. Mr. Wyatt said they hope to alter the permitting for land use change by basing it on function of the wetland rather than size alone. Mr. Getschow commented the key is balance between cities with lots of redevelopment and what the watershed division wants. Mayor Maxwell asked if there were similar plans for Nine Mile Creek. Mr. Wyatt said they are moving in that direction, but there are no present plans. Mr. Getschow noted that impaired waters will likely be a big issue next year due to the financing bill that failed this year and the Appellate Court decision on Maple Lake and Annandale. Mr. Brausen said that finding out the slowness of federal funding was bad news. He suggested this work be included in a future Citizens Academy. Mr. Wyatt said he would be happy to speak to any group. Mayor Maxwell added it could be added to the visioning process. Mr. Wyatt said that after all the cities involved pass the resolution, he would like to start a campaign on contacting congressional delegates to get support. Mayor Maxwell suggested a general letter from all the cities to all residents of those cities might be helpful. Liquor Ordinance Revision Chief Reid noted a major revision of the liquor ordinance had been made in December 2004. After using the process started then and considering feedback from licensees, the Department recommends the following changes: 1) 1200.42 Subd. 5, adding a penalty for failing to attend training; 2) deleting 1200.52 as it is addressed in September 13, 2005 Page 3 1200.54 Subd. 3 on the recommendation of the city attorney; 3) 1200.54 Subd 2, enlarging the Best Practices penalty grid to reflect a 3`d, 4th and 5`h violation so that the department can keep working with violators; 4) 1200.54 Subd. 3, administrative hearings for all violations; and 5) 1200.54 Subd. 5, simplify computation of time to 3- year intervals. Chief Reid said hearings have been held and were fairly successful. Mayor Maxwell asked about training sessions. Ms. Magdal said the department would like to do them twice a year. Chief Reid noted that fitting someone who misses a session is not a problem; the department is happy to work with them. Mayor Maxwell asked what would happen to those already in the violations process if the proposed changes were adopted. Chief Reid said basically they would get one more chance if they want to stay in Best Practices. Ms. Magdal said she would like to send a letter to all participants before the first reading. General Consensus was to go ahead with the changes to the ordinance and to send out the letter as suggested by Ms. Magdal. Mayor Maxwell suggested that the next training date be put in the letter. Staff should set up the first reading. Citizen Academy Update City Manager Getschow said over 20 have signed up for Citizens' Academy already. It will be publicized in the Sailor and Star Tribune this week. The sessions will be on Thursdays 6:30-9:00 p.m. After discussion it was decided that while Mayor Maxwell will give the official welcome, as many as possible would attend the first session, and Mr. Brausen volunteered to tell how he got involved in advisory boards. Mayor Maxwell will give the welcome on September 29; Mr. Rowan will do so October 6; Mr. Thompson will do so October 13; and Mr. Brausen on October 27. Other Mr. Thompson asked the status of SuperValu's sale. Mr. Getschow said it is moving along, and may be completed in the next couple weeks. Mayor Maxwell asked if there had been a response from Cornerstone. Mr. Getschow said no. Mayor Maxwell reminded other Council members of the Wellness Center Proclamation Saturday at noon. Mr. Brausen and Mr. Thompson said they are unable to attend. Mr. Brausen said he spoke with Pat Sanders. Staff will provide her information regarding the moving of fire hydrants. Staff has determined that the city bears no responsibility for her grass dying when she moved her RV off city property nor for the cracking of her steps and foundation. She could, however, still possibly pursue a claim with the contractor for any potential damages. General Consensus was Council agreed with city staff recommendations. Mr. Getschow has spoken and met with members of the Raspberry Ridge Board of Directors, management, and ownership regarding the Board's disputes with the property management company. He will be providing a packet to the Council on information he has received. • September 13, 2005 Page 4 After general discussion it was agreed there would be no work session on November 22 and November 29, unless staff deems certain unforeseen future items make it necessary. There will also be no work session planned on December 27. On motion by Rick Brausen and second by Jay Thompson, the meeting adjourned at 8:25 p.m. on a vote of 3-0. Kasey Kester, Secretary ATTEST: Eugen . M well, Mayor