04-04-00A regular meeting of the Hopkins City Council was held on April 4, 2000, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Jensen, and Johnson.
Also present were staff members Mielke, Genellie, Stadler, Kerrigan, Anderson, and
City Attorney Jerre Miller. Council Member Hesch was absent.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:40 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none.
III. REPORTS -COMMITTEES/COMMISSIONS
1. Human Rights Commission
Herb Gibbs presented awards and savings certificates to the three winners of the
2000 Human Rights Essay Contest. The three winners were Ingrid Leach, Christy
Grider and Anna Barberio.
2. Zoning and Planning Commission
Dorothy Boen, Zoning and Planning Commission, said that the Commission held a
public hearing on rezoning institutions in R-1 districts to institutional districts,
discussed allowing one-hour parking on Mainstreet in front of the Big Ten Restaurant,
and discussed the preliminary traffic study presented by Jim Benshoof on the
SuperValu project preliminary plans.
3. Chemical Health Commission
Maureen Allen, Vice Chair, Chemical Health Commission, said that a memo, dated
March 7th, was sent to the Council. The memo outlined the duties and objectives of
the by-laws. Three goals, specific to the year 2000 were listed as:
1 . Promote the "Reduce the Use" program
2. Continue to assess alcohol, tobacco, and other drug abuse challenges in our
community
3. Support chemically free dances and events for our youth at the depot and at
other places
The other goals of the Commission are to be on going and are listed as follows:
4. Provide a forum for Community discussion and/or action of chemical health
issues
April 4, 2000 City Council Meeting Minutes Page 1
5. Support appropriate supervision at Community events where alcohol is
served, such as Mainstreet Days
6. Express hopes and concerns to the City Council regarding chemical health
issues and having an on-going dialog and open communication with the
Council when issues come up for the Commission
Chief Reid attended the February meeting and was very supportive of the
Commission. Jennifer Schuster of Hennepin County is working with the City of
Hopkins and the Hopkins School District to obtain funds from the tobacco settlement
for the Commission and School District. They would like to put up more advertising
targeted to youth to discourage the use of tobacco. Ms. Allen said that students
have indicated an interest in a program to deter drinking during prom time.
Council Member Johnson asked if the funds would be received in grant form and if a
grant request has been written and submitted. Ms. Allen said that yes, it was a grant
request and that Ms. Schuster has submitted it on behalf of the City and School
District. Ms. Allen also said that Ms. Schuster indicated that because Hopkins already
has a program in place, the chances of receiving money is pretty good. They will
know by June 1St
IV. CONSENT AGENDA
1 . March 21, 2000 Regular City Council Meeting Minutes
2. Ratification of Prior Month's Disbursements
3. Approve Temporary Liquor License, Hopkins Jaycees, At Large Bravo
Celebration (CR2000-63}
4. Approve Temporary 3.2 Beer License, Hopkins Jaycees, Mainstreet Days
(CR2000-57)
5. Approve Lease Agreement with Hennepin County, RE: Election Equipment
(CR2000-60)
6. Approve Plans, Order Bids, Year 2000 Alley Reconstruction Project
(CR2000-64)
7. Award Bid Street Improvement Project (CR2000-69)
Mayor Maxwell asked if the testing of the election equipment is complete and
satisfactory. Terry Obermaier answered that it is.
Council Member Johnson asked if the neighborhood has been informed that the
streets will be over-laid (item seven). Mr. Stadler said that they have not been
notified at this time, but that project notices will be sent out to all before actual work
begins,
Council Member Brausen asked if there would be any reason to expect any delays on
this project. Mr. Stadler said that this is a simple project and that other than weather,
there should be no delays.
April 4, 2000 City Council Meeting Minutes Page 2
Council Member Johnson moved and Council Member Jensen seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Council Member
Jensen, aye; Council Member Brausen, aye; Council Member Johnson, aye; Mayor
Maxwell, aye. The motion carried unanimously.
V. PRESENTATION
1 . Project Design Award, 1999 Street and Alley Improvement Project (Memo)
Steve Stadler said that the City received an Honor Award from the Consulting
Engineers Council of Minnesota for the storm sewer improvements that were
completed as part of the City's 1999 Street and Utility Improvement project. Marcus
Thomas was present to review the project. Mr. Thomas said that the award was for
utilizing unconventional methods that significantly reduced costs while still meeting
stormwater management needs.
VI. PUBLIC HEARING
1 . Time Warner Acquisition (CR2000-54)
Jim Genellie reviewed the transfer approval process and introduced the attorney that
was acting for the Cable Commission, Brian Grogan. Mr. Grogan said that in January,
America Online, Inc. and Time Warner, Inc. announced a merger in which both TW
and AOL will become wholly-owned subsidiaries of a new holding company called
AOL Time Warner. This triggered the approval process, because Time Warner, Inc. is
the parent company of KBL Cable Systems of the Southwest, the company that
provides cable to the city.
Mr. Grogan reviewed the criteria and said that he could see no reason to deny, but
that the Commission is still negotiating with Time Warner on reimbursement of money
and time for the approval process. For this reason he recommended that Council
continue the item until the next meeting when the reimbursement issue should be
resolved.
Mayor Maxwell opened the public hearing at 8:10 p.m.
No one came forward.
Council Member Johnson moved and Council Member Jensen seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
8:1 1 p.m.
Council Member Jensen moved and Council Member Johnson seconded a motion to
continue the item until the April 18th meeting. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
April 4, 2000 City Council Meeting Minutes Page 3
VII. NEW BUSINESS
1. Consider Concept Review, SuperValu (CR2000-62)
Nancy Anderson said that SuperValu is proposing to construct a 164,509 square-foot
addition to the existing perishable building at 715 5t" St S. The development is
contingent on SuperValu acquiring the old Country Club warehouse property. The
Country Club warehouse will be removed. The applicant will need the vacation of 6cn
Ave, a conditional use permit, a height variance and a platting of the lot.
Ms. Anderson said that the use is in compliance with zoning ordinances and the
Comprehensive Plan. All specifics have not been detailed yet. SuperValu is seeking
conceptual approval at this time.
SuperValu was not present. Council Member Johnson asked how much has changed
on the plan since it was last reviewed by Council. Nancy Anderson said very little.
Jim Benshoof, Benshoof and Associates, discussed the traffic plan. Mr. Benshoof
said that the main impact will come from the closing of 6t" Ave S, which is presently
a collector street with a sidewalk. There will be a small increase in traffic as a result
of the project. It is expected that the number of vehicles during rush hour will
increase by about 125 vehicles in the morning and by about 200 vehicles in the late
afternoon on 1 1 t" and 2"d Aves. S. 1 1 t" Ave S will be increased to four lanes from the
railroad bridge on. Mr. Benshoof suggested a longer left hand turn lane on Excelsior
Boulevard onto 5t" Ave. S and a division of some sort between 10t" Ave and 5t" St.
The Council discussed entrance/exits from 1 1`" Ave S and how trucks will be routed
to the new section. Council asked Mr. Benshoof to study the impact of routing truck
traffic to the perishable facility from 5t" Ave S as opposed to having truck traffic enter
from 1 1 t" Ave S.
A resident expressed concern about the width of 1 1 t" Ave and the sidewalk under the
railroad bridge and requested that a neighborhood meeting be held.
Council discussed scheduling another concept approval session with the Council
before SuperValu appears at the Zoning and Planning meeting and after a
neighborhood muting is held. This may be done at a work session. Mr. Mielke said
that he will look at the schedule and see if it is possible to do so.
2. First Reading, Zoning Ordinance Amendment, Single Family Housing
Preservation (CR2000-61)
Nancy Anderson reviewed the history of the moratorium ordinance and the process
undertaken to reach this point. Ms. Anderson said that the Zoning and Planning
Commission passed the ordinance amendment by a four to one vote and that only one
person appeared to speak against the changes. Jeremy Steiner, attorney for the City,
appeared to answer any questions. Ms. Anderson said that all institutional uses were
April 4, 2000 City Council Meeting Minutes Page 4
notified and sent copies of the changes. She received some phone calls after the
mailing. Most of the calls were asking for clarification.
Council directed staff to review the ordinance to see if any modification would require
a CUP before the second reading.
Council Member Jensen moved and Council Member Johnson seconded a motion to
adopt Resolution 2000-26, approving Ordinance 2000-833 for first reading, rezoning
the institutional uses in the R-1 zoning districts to an institutional zoning district. A
poll of the vote was as follows: Council Member Brausen, aye; Council Member
Jensen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
3. Approve Mainstreet Signal Design and Authorize Bids (CR2000-65)
Steve Stadler said that there is a much higher incidence of accidents and near-miss
situations at this intersection, because the traffic signal faces are difficult to see. In
December, the Council authorized design of a traffic signal upgrade. The final design
has been completed. The engineer's estimate of construction costs is $84,600 with
a total project cost of $95,600. The project will be funded from the City's Municipal
State Aid Fund. Mr. Stadler reviewed the project design and said that the project will
be completed by July 1, 2000.
Council Member Johnson moved and Council Member Brausen seconded a motion to
approve Mainstreet/17t'' Ave intersection signal design and authorize bids. A poll of
the vote was as follows: Council Member Brausen, aye; Council Member Jensen,
aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
4. First Reading, Clarify the Definition of Lodging House in the City Code
(2000-58)
Terry Obermaier said that this is basically a housekeeping ordinance. The definition of
Lodging House in the Uniform Building Code, which was adopted by the City and
included in the City Code, defines a lodging house as having not more than five guest
rooms.
Section 1 170.01 of the City Code defines a lodging house as having more than five
guest rooms.
The amendment is being made to section 1 170.01 to allow conformity with the
Building Code definition.
Council Member Brausen moved and Council Member Jensen seconded a motion to
adopt ordinance 2000-839 for first reading. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
April 4, 2000 City Council Meeting Minutes Page 5
VIII. ADJOURNMENT
There being no further business, Council Member Johnson moved and Council
Member Jensen seconded a motion to adjourn the meeting. The meeting was
adjourned by unanimous consent at 9:15 p.m.
Respectively Submitted,
erry (rmaier, City Clerk
ATTEST:
~~
Eugene J. Maxwell, Mayor
April 4, 2000 City Council Meeting Minutes Page 6