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12-06-2011A regular meeting of the Hopkins City Council was held on December 6, 2011, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell, Council Members Brausen, Halverson, Rowan and Youakim. Also, present were staff members Anderson, Bradford, Genellie, Hanlin, Harkess, Johnson, Mornson, Reynolds, Smith, Stadler and City Attorney Jerry Steiner. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:34 p.m. II. OPEN AGENDA - PUBLIC COMMENTS AND CONCERNS There were no comments. III. OATH OF OFFICE 1. Swearing in of Two Sergeants (Matthew Struck and Elizabeth White) Chief Reynolds introduced the two officers who are being promoted to rank of Sergeant in the Hopkins Police Department. Swearing in performed by Mr. Genellie. Sergeant White's husband pinned on her badge. Sergeant Struck's wife pinned on his badge. 2. Swearing in of Police Captain (Brent Johnson) Chief Reynolds introduced Brent Johnson as new Captain for the Hopkins Police Department. Swearing in performed by Mr. Genellie. Captain Johnson's father pinned on his badge. IV. PRESENTATION 1. Flag Presentation to Hopkins Police Department (HPD) from Staff Sergeant & HPD Police Officer Mike Johnson Officer Johnson presented a flag to Mayor Maxwell and Chief Reynolds in appreciation for the support he received from the City of Hopkins and the Hopkins Police Department during his deployment. 2. Two Retiring Reserve Officers (Richard Brasket and Reserve Captain Sue Rhodes) Chief Reynolds introduced the two Reserve Officers retiring from the Hopkins Police Department and presented them with a plague recognizing their years of service to the City of Hopkins. 3. Community Image Awards Shannon Smith introduced the winners of the 2011 Community Image Awards thanking them for their vested interest in our community. Commercial Winners: Holiday Stationstores, 530 Blake Road; Tuttle's Eat Bowl Play, 107 Shady Oak Road; Wrap City Graphics, 62 Sixth Avenue South Multi -family Winner: Fraser Hopkins Court, 41 Sixth Avenue North Residential Winners: Jean Hammond, 338 Eighth Avenue North; Mike & Joan Opitz, 245 - 16'h Avenue North V. REPORT Molly Cummings of the Zoning and Planning Commission reported on the following items: • The Zoning & Planning Commission unanimously approved the preliminary/final plat for 115 Cottage Downs. Ms. Cummings explained that the lot meets all the necessary conditions. • The Zoning & Planning Commission unanimously approved the area variance for 115 Cottage Downs. • The Zoning & Planning Commission unanimously approved the conditional use permit for operation of a gas station at 1 120 Seventh Street South. Ms. Cummings explained that the gas tanks passed inspection, the neighborhood meeting was held and neighbors were happy with the improvements and the gas station complies with all the necessary conditions. VI. CONSENT AGENDA 1. Minutes of the November 15, 2011 Election Canvassing Board 2. Minutes of the November 15, 2011 Council Meeting 3. Minutes of the November 15, 201 1 Work Session following the Council Meeting 4. Minutes of the November 22, 2011 Work Session 5. Ratify Checks for the Month of November 6. Second Reading of Amendment to Section 1155, Tobacco Ordinance 7. Second Reading to Amendment to Massage License Ordinance 8. Approve Lease Agreement for City of Hopkins and Elks Club 9. Approve Towing Agreement with Matt's Auto Services 10. Approve 2011-109 Temporary Liquor License for Augustana Chapel View Care Center 11. Approve License for Gas Station (Hopkins Express Inc.) at 1 120 7th Street South 12. Renewal of General Liability and Property Insurance and Authorize Not Waiving of the Statutory Tort Liability on the LMCIT Insurance Trust Policy 13. Approve Amendment to Cooperative Agreement with 9 Mile Creek Watershed District Captain Hanlin addressed Council about the towing agreement with Matt's Auto Service. The agreement has been reviewed and updated with the City Attorney. 2 Mr. Bradford updated the Council regarding the amendments to the 9 Mile Creek Watershed Cooperative Agreement. Phase A construction work on 9 mile Creek will resume shortly and Phase B construction will start after January 1, 2012. Mr. Steiner and Mr. Genellie addressed the Council regarding amendments to the Massage License Ordinance since the first reading. Council Member Halverson moved and Council Member Youakim 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 Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried unanimously. VII. PUBLIC HEARING 2012 Budget Hearing Ms. Harkess addressed the council regarding the 2012 Levy and Budget. Ms. Harkess explained the taxation process, proposed fax levy & general fund budget, revenue budget, breakdown of the expenditure budget and explanation of reason for increases, three year comparison of the General Fund budget, residential property tax changes and breakdown of where taxes go, changes to the market value homestead program, responses to the budget challenges, grants that have held down costs in the city departments and the value that Hopkins residents receive for their taxes. Police Chief Reynolds, Fire Chief Specken, Public Works Director Steve Stadler, Community Development Specialist Tara Beard and Recreation Director Dave Johnson gave an explanation of the grants their Departments successfully received. Ms. Harkess addressed the grants received by the Depot Coffee House and the Art Center. Don Roesner, 618 W. Park Valley Drive, came forward to address his concerns about the sound system in the Council Chambers and his difficulty hearing the discussions. There were no more public comments. Council Member Rowan moved and Council Member Brausen seconded a motion to close the Public Hearing. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The hearing was closed by unanimous consent. There was much discussion by Council regarding budget process and the hard work of the city staff, work session budget discussions are open to the public, importance of recognizing the value of grants made available to the city of Hopkins and flyers explaining the Market Value Homestead Exclusion program will be made available on the city website and at city hall. No action was taken. 3 VIII. NEW BUSINESS 1. Approve the Re -Plat of 115 Cottage Downs Ms. Anderson, City Planner, reviewed the re -plat and variance request for 1 15 Cottage Downs with the Council. Ms. Anderson stated that the Zoning and Planning Commission unanimously approved the re -plat and the variance. The applicant, Steven Streeter of Streeter Associates, appeared before the Council. Council Member Brausen moved and Council Member Rowan seconded a motion to approve Resolution 1 1-63, approving a preliminary/final plat at 115 Cottage Downs. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried unanimously. 2. Approve Area Variance for 115 Cottage Downs Council Member Brausen moved and Council Member Halverson seconded a motion to approve Resolution 1 1-64, approving an area variance for 115 Cottage Downs. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried unanimously. 3. Approve the Conditional Use for Gas Station at 1 120 - 7th Street South Ms. Anderson, City Planner, reviewed the proposed gas station at 1120 -7th Street South with the Council. Ms. Anderson stated that the Zoning and Planning Commission unanimously approved the Conditional Use Permit. Ms. Anderson stated that the gas station has been renovated and the gas tanks passed inspection. Council Member Youakim moved and Council Member Halverson seconded a motion to approve Resolution 1 1-65, approving a conditional use permit for operation of a gas station at 1 120 Seventh Street South. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried unanimously. 4. Approve Feasibility Report - Order Public Hearing Mr. Bradford addressed Council regarding the 2012 street & utility improvements. Representatives of Bolten & Menk, Inc., Nick Amatuccio, Design Engineer and Sarah Rippke, Project Manager, were available to answer Council questions. Ms. Rippke gave an overview of the preliminary engineering report for the reconstruction project & proposed improvements, utility & storm sewer improvements, M Alice Smith Elementary School area pedestrian and vehicle safety proposed improvements and crosswalk enhancements. Mr. Bradford updated council about the master sidewalk plan, gave an overview of the project area and the proposed assessment rates, public information meetings and project timetable with the public hearing to be scheduled for January 17, 2012. There was much discussion by Council regarding the timing of the project & construction schedule, location of stop signs in relation to crosswalks, sidewalk improvements, assessments and total project costs. Council Member Rowan moved and Council Member Halverson seconded a motion to adopt Resolution 2011-066, Ordering Public Improvement Hearing, 2012 Street and Utility Improvements, Project 2011-10. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried unanimously. 5. First Reading of Pawn Shop Mr. Genellie reviewed the changes to the Pawn Shop Ordinance with the Council. The State of Minnesota made changes to the statutes regarding Pawn Shops; therefore the City of Hopkins needs to revise the Ordinance accordingly. Council Member Halverson moved and Council Member Brausen seconded a motion to approve Ordinance 2011-1043 for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried unanimously. 6. Resolution of Utility Rate Increases Ms. Harkess and Mr. Bradford addressed the Council regarding the Utility Master Plan, reasons why the utility plan is being updated and the need for rate increases. There was much discussion by Council regarding the plan that has been put in place to provide continued funding for the needs of the water, sewer and recycling funds. Council Member Youakim moved and Council Member Brausen seconded a motion to approve Resolution No. 2011-062 increasing water, sanitary sewer and recycling rates effective January 1, 2012. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Halverson, aye; Council Member Rowan, aye; Council Member Youakim, aye, Mayor Maxwell, aye. The motion carried unanimously. 0 IX. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Halverson seconded a motion to adjourn the meeting. The meeting was adjourned at 10:07 p.m. Respectfully Submitted, Debbie Vold Al