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11-15-2011A regular meeting of the Hopkins City Council was held on November 15, 2011, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell, Council Members Brausen, Halverson and Youakim. Also, present were staff members Elverum, Genellie, Hanlon, Kurtz, Mornson, Specken, Stadler and City Attorney Jerry Steiner. CALL TO ORDER Mayor Maxwell called the meeting to order at 7: 32 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were no comments. III. REPORT Global Connect Chief Specken addressed the Council regarding the new Global Connect voice messaging system that the City will be putting into effect soon. The system allows city staff to connect with Hopkins citizens with personalized messages within minutes in case of an emergency, disaster, evacuation, street closures, snow emergency or other information residents may need. Global Connect uses the 911 databases provided by Qwest. Cell phone users can self -register their numbers, the system utilizes voice or text messages and residents do have the option to opt -out of the system. Cost to the city is $4800 a year with a 3 -year contract and the budget will be split between Public Works, Police and Fire Departments. City Residents will be informed about the new system in upcoming media publications, city web site and the Hopkins Highlights. There was much discussion by Council about the importance of informing the public and the positive advantages of the Global Connect system. Council directed staff to have the City Attorney review the contract. IV. CONSENT AGENDA 1. Minutes of the City of Minnetonka and City of Hopkins Joint Meeting on November 1, 2011 2. Minutes of the November 1, 2011 City Council Meeting 3. Minutes of the Work Session Following the City Council Meeting on November 1, 2011 4. Approve Resolution 2011-059, Extending the Current Cable Franchise with Comcast (CR 2011-103) 5. Adopt Resolution 2011-061, Accepting Improvements and Authorizing Final Payment, 2nd Street North Sanitary Sewer Improvements (CR 2011-107) 6. Second Reading to Approve Ordinance 2011-1039, Amending sections 701.09, 702.09 and 702.11 fee's to Hopkins City Code 7. Congressional Award for $100,000 for all agencies in which $25,000 is going to the JCPP Mr. Genellie discussed the reasons for the Cable Franchise Contract extension with Council. The term of the Cable Franchise Contract would be extended from January 2, 2012 through and including April 16, 2012. The five cities that form the Southwest Suburban Cable Commission (SWSCC) have been negotiating the new franchise with Comcast and are close to settling on the details of the new franchise. By extending the current franchise into 2012, this will give all parties time to resolve all the issues, draft the new franchise agreement, and have it approved by the City Councils of all five cities. Ms. Kurtz updated the Council on the Congressional Award that the City of Hopkins received. The $25,000 will fund the Joint Community Police Partnership (JCPP) Cadet program for 2012. Council Member Youakim moved and Council Member Brausen seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. V. NEW BUSINESS 1. First Reading of Amendment to Section 1155, Tobacco Ordinance (CR 2011-105) Mr. Genellie addressed the council giving an overview of the amendment and recommending the adoption of this motion to begin the process of amending Section 1 155 of the Hopkins City Code to prohibit use of tobacco products in any retail establishment. Staff sent notices, as required by state law, to all businesses with tobacco licenses informing them that the City was considering amending the tobacco ordinance. One business had a concern about the ordinance amendment but the concerns were satisfied after further explanation. The City Attorney has reviewed the Ordinance. Council Member Brausen moved and Council Member Halverson seconded a motion to approve the First Reading of Amendment to Section 1155, Tobacco Ordinance. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. 2. First Reading to Approve Ordinance 2011-1040, Amending Section 1 185 if the Hopkins City Code to Require Massage Establishments to be License (CR201 1- 101) 2 Mr. Genellie addressed the Council giving an overview of the ordinance and staff recommends approval of this motion to begin the process of amending Section 1 185 of the Hopkins City Code to require massage establishments to be licensed. Mr. Genellie explained the history behind the reason for amending the ordinance and the major changes to the proposed ordinance. The Police Department and the City Attorney have reviewed the proposed amendments. There was much discussion by Council regarding individual vs. business licenses, responsibilities of the license holder, annual fees, number of practitioners in Hopkins, educating the businesses & staff regarding the changes to the ordinance and procedures to suspend or revoke licenses. Mr. Genellie and Mr. Steiner explained to Council that there is a proper procedure & actions required by the City Council in order to suspend or revoke a license. Mr. Genellie explained that a license suspension is not a judgment call; the activities leading up to a suspension are clearly not allowed by law. Mr. Genellie discussed the annual license fees that will be established to cover administrative costs. The fees will be set prior to the second reading of the ordinance. Brian Grosam addressed the Council regarding clarification of language in the amended ordinance. Mr. Steiner addressed Mr. Grosam's concern stating that no license is required for any massage therapist working for or as an employee of a medical professional licensed under Minnesota Statutes Chapters 147 or 148. Heidi Knight addressed the Council regarding the procedures for issuing licenses and following up on education transcripts. Mr. Genellie explained the application procedure. Ms. Knight suggested that staff contact the National Certification Board for a listing of accredited massage schools. Staff will investigate this idea further prior to second reading. Ms. Knight also expressed concern about language under the exclusions in the ordinance. Mr. Genellie explained that the document only includes the amendments and that staff can provide her with the entire ordinance. There was discussion about the meaning of the word "applicant" under the Massage Therapy Establishment license requirements. Mr. Steiner explained that the entity is the applicant and that the city issues a license to a person that can be background checked. The second reading of the ordinance is scheduled for December 6th. Council Member Youakim moved and Council Member Brausen seconded a motion to approve Ordinance 2011-1040, Amending Section 1 185 if the Hopkins City Code to Require Massage Establishments to be Licensed. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried. K Mayor Maxwell adjourned the City Council meeting at 8:15 pm for the closed meeting. VI. CLOSED MEETING Closed Meeting to Discuss Litigation Strategy and Objectives Related to Enforcement of the Contract for Private Redevelopment between the City and Doran Pratt Development, LLC Motion by Council Member Brausen and seconded by Council Member Youakim to reopen the Council meeting at 9:29 pm. VII. ADJOURNMENT There being no further business, Council Member Youakim moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned at 9:30 p.m. Respectfully Submitted, Debbie Vold ATTEST: Eugene J. axwell, Mayor Iv