06-05-01A regular meeting of the Hopkins City Council was held on June 5, 2001, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Hesch, and
Johnson. Council Member Jensen was absent. Also, present were staff
members Mielke, Genellie, Stadler, Bot, Kerrigan, and City Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:38 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
Steve Gardner, 44 5th Ave S, spoke about the train whistles. Mr. Gardner said
that the trains blow their whistles several times during the night and wake
everyone up. This goes on from 10:00 p.m. to 6:00 a.m. Other cities with
ordinances prohibiting whistle blowing during the night were mentioned. Mr.
Mielke said that the staff has been working at finding an alternative that is
affordable.
III. REPORTS -COMMITTEES/COMMISSIONS
1. Chemical Health Commission
Maureen Allen, Chair, Chemical Health Commission, said that they are not
meeting in July. Ms. Allen said that they now have two new teens that would
like to be sworn in as commission members. Ms. Allen recapped the Community
Meeting that was held in May. They also hosted a breakfast for business
owners that employ youth. The meeting was not well attended, but some good
information came out of it. The Commission also discussed the Depot Coffee
House. The teen members of the Commission said that there is very little
literature about the Depot at the School and that the Depot is poorly advertised.
They also said that the kids could hold fundraisers. Council Member Hesch said
that she would encourage dialog between the Chemical Health Commission and
the Depot Board. Council Member Hesch suggested that the Chemical Health
Commission should meet with the Depot Board.
2. Zoning and Planning Commission
Jay Thompson, Zoning and Planning Commission, said that they reviewed the
CIP with Lori Yager, Finance Director. They reviewed the intersection for
Medica, (Milwaukee/Excelsior/Jackson/St. Louis). The big concern is pedestrian
crossings and the regional trail. They also reviewed the. AUAR for Medica.
June 5, 2001 City Council Meeting Minutes Page 1
There were many positives. A drainage problem for the area will be solved with
the development. Again, the biggest concerns are the pedestrian crossings and
the regional trail. The commission also continued with their discussion about
vehicles and where they should be allowed to park. Mr. Thompson expressed
disappointment that there is not a lot of input from residents.
IV. CONSENT AGENDA
1. Minutes of May 15, 2001, City Council Meeting
2. Minutes of May 8, 2001, City Council Work Session
3. Minutes of May 22, 2001, City Council Work Session
4. Minutes of May 29, 2001, City Council Work Session
5. Ratify Prior Month's Disbursements
6. Appointment to Chemical Health Commission (Memo)
7. Authorize use of Lot 300, Farmers Market (CR2001-66)
8. SuperValu CUP Amendment (CR 2001-74)
9. Resolution Approving the Acceptance of the Resolution Approving the
Transfer of Control of KBL Cablesystems of the Southwest, Inc., The
Cable Television Franchisee, to AOL Time Warner (CR2001-64)
10. Resolution Approving the Amended Joint and Cooperative Agreement,
Southwest Suburban Cable Commission (CR2001-63)
1 1. Resolution Rescinding Approval of First Reading of Cable Franchise for
Everest Minnesota LLC (CR2001-67)
12. Approve Construction Services Agreement, SuperValu Perishable
Warehouse (CR2001-70)
13. Award Contract, Blake Water Tower Painting Project (CR2001-76)
Steve Bot said that the motion for item twelve should be changed to "authorize
the Mayor and City Manager to enter into an agreement". Council Member
Johnson questioned the bid for item thirteen. Mr. Stadler answered that the
consulting engineers reviewed the bid and everything looked in line.
Council Member Hesch moved and Council Member Brausen seconded a motion
to approve the Consent Agenda as amended. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Hesch, aye; Council Member
Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
V. NEW BUSINESS
1. Approve Concept Plan Milwaukee/Excelsior/Jackson Intersections
(CR2001-75)
Steve Stadler said this is a concept only that is being reviewed, that there will be
continued review as the plans go from preliminary to final design and that staff
June 5, 2001 City Council Meeting Minutes Page 2
believes that the proposed concept roadway plan offers the best solution for
providing improved access to the Medica project redevelopment site and other
areas of northeast Hopkins. Other agencies that will approve the plans
(Hennepin County Transportation, MnDOT Railway Office, HCRRA) have also
reviewed the concept and agree with Hopkins staff. The next step is to move
into the preliminary design and approval. The issues are pedestrian crossings
and the regional trail, a desire to maintain traffic movement if a train is crossing,
the grade of the crossing, a cul de sac with limited access to Monroe, and right=
of-way access to the SuperValu property. Mr. Stadler presented the plan and the
time schedule to completion.
In answer to Council Member Johnson's question, Mr. Stadler said that staff is
already reviewing those issues to see if and how they can be incorporated into
the design. Steven levy, the president of the President Streets Neighborhood
said that the neighborhood group supports the concept plan and is in favor of
going ahead with the process.
Council Member Hesch complemented Mr. Levy and the neighborhood for their
attitude and for taking ownership of the solutions.
Council Member Johnson moved and Council Member Brausen seconded a
motion to approve concept roadway and intersection plans as presented. A poll
of the vote was as follows: Council Member Brausen, aye; Council Member
Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion
carried unanimously.
2. Order for Review and Authorize Publication AUAR -Medica Project
(CR2001-72)
Nancy Anderson said that an environmental review of the Medica project is
required. The Alternative Urban Areawide Review (AUAR) substitutes for any,
Environmental Assessment Worksheet or Impact Statement. The AUAR is a
standard list of questions adapted from the Environmental Assessment
Worksheet, providing a level of analysis for typical urban area impacts
comparable to an EIS. The AUAR reviews a development scenario or several
scenarios for an entire geographical area rather than a specific project.
John Dietrich said that whenever a third class city has a project over 200,000
square feet, and Environmental Impact Study is required. An AUAR can be used
when the property is already zoned and listed in the Comprehensive Plan in
accordance with the proposed use. Mr. Dietrich reviewed the process.
June 5, 2001 City Council Meeting Minutes Page 3
In answer to Council Member Brausen's question, Mr. Dietrich said that he
would be happy to send a copy to the Presidents Streets Neighborhood
Association.
In answer to Council Member Johnson's question, Mr. Dietrich said that the
traffic counts were all taken this year and they were taken from an extensive
area.
Council Member Hesch moved and Council Member Johnson seconded a motion
to Order a review of the AUAR for Medica consistent with Minnesota Rules
4410.3610, Subpart 3 with the project defined as follows:
1. The proposed project site is bordered on the north by 2~d St NE, on the
east by Jackson Ave and St. Louis St, on the south by Exc Blvd and on the west
by Hwy 169
2. The development is proposed to contain the following land uses:
• 450,000 square feet of corporate headquarters
• 150,000 square feet of general office,
A poll of the vote was as follows: Council Member Brausen, aye; Council
Member Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The
motion carried unanimously.
Council Member Hesch moved and Council Member Brausen seconded a motion
to authorize the distribution of the AUAR for the 30-day comment period. A
poll of the vote was as follows: Council Member Brausen, aye; Council Member
Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion
carried unanimously.
3. Approve Engineering Services Agreement,
Milwaukee/Excelsior/Jackson Intersections (CR2001-73)
Steve Stadler said that the design of the new roadway access improvements
would be incorporated into the currently designed Exc Blvd Phase II
reconstruction project. Staff received proposals from HDR Engineering, Inc.,
Enviroscience, and Bolton &Menk. All three consultants were interviewed
regarding their experience with Hennepin County project design work, design
team composition and understanding of project requirements. Based on these
criteria, Bolton &Menk was selected as the best suited for the project. The
proposed fee for the service is $244,410.
Mr. Stadler reviewed the work schedule plan.
In answer to Mr. Mielke's question, Mr. Stadler said that there will be one
construction contract for the intersections and Exc Blvd Phase II project and that
June 5, 2001 City Council Meeting Minutes Page 4
it will be administered by Hennepin County. The City will have some
involvement. Bolton and Menk will oversee the utility work that will be done for
the City and we may have to contract someone to oversee our interests in the
intersections. The project will be funded from the PIR this year and reimbursed
from TIF District 2-1 1 next year. Staff will negotiate possible partial County
funding for the design work in a future construction cooperative agreement.
Mr. Mielke said that this is a complicated project because there are many entities
involved. He asked how we will know if the schedule will work with all the
agencies involved. Mr. Stadler said that by July staff should have a good feel
for how the schedule will work.
Council Member Hesch said that she felt that Commissioner Tambornino should
be made aware of how important this project is to the City. Mr. Mielke said that
he has already met with Commissioner Tambornino and that he will set up
another meeting with her.
Council Member Brausen moved and Council Member Johnson seconded a
motion to adopt Resolution 2001-37, Resolution Authorizing the Mayor and City
Manager to Enter into an Agreement with Bolton and Menk, Inc. for Design
Services Regarding Exc Blvd/Milwaukee St and Jackson Ave/St Louis St
Intersection project. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Hesch, aye; Council Member Johnson, aye;
Mayor Maxwell, aye. The motion carried unanimously.
4. Approve Cost Sharing Agreement with Justus Lumber Co. (CR2000-
71)
Steve Bot said that in September 2000 a Phase I Environmental Site Assessment
determined that during dry conditions some diluted contaminants were running
out of a corroded and partially collapsed storm sewer pipe running through the
property along a City storm sewer easement. Contaminants were leaking into
the storm sewer pipe and discharging into 9 Mile Creek. Justus Lumber
obtained a preliminary design proposal from Short Elliot Hendrickson.
Engineering service fees are $1 1,000 and estimated construction costs are
$30,000 to $36,000 to abandon the storm sewer line and reroute the drainage
to other City storm sewer lines.
Staff feels that proper abandonment of this storm sewer is in the best interest of
the City and recommended City approval of the agreement with Justus Lumber
Company for the reimbursable amount of up to $47,000. The funds would be
paid from the Storm Sewer Utility Fund.
June 5, 2001 City Council Meeting Minutes Page 5
Council Member Johnson moved and Council Member Hesch seconded a motion
to approve an agreement between the City of Hopkins and Justus Lumber
Company for abandonment of a storm sewer line on the Justus Lumber property
located within a City storm sewer easement and to authorize the Mayor and City
Manager to sign and execute the agreement. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Hesch, aye; Council Member
Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
5. Approve Construction Engineering Services Agreement Fees and
Design Services Change Order, Lot 500/600 Project (CR2001-69)
Steve Bot said that previously, the City Council approved both preliminary and
final design engineering services agreements with RLK-Kuusisto Ltd. The action
excluded construction-engineering service, not to exceed $54,500. During
design, staff authorized the consultant to increase the scope of the design.
Staff also authorized final design. The City Council awarded the construction
contract on May 15th. At that time, City staff reported the total project cost as
$639,824.40. This amount included the increased design fees and construction
engineering fees. The Council needs to formally approve the construction
engineering services agreement of 549. 438 and the final design services fee of
$9,256.40.
In answer to Mayor Maxwell's question, Steve Stadler said that because of the
complexity of the costs in this project, the Engineers did the work on the
Assessment Roll. Usually staff does the assessments, but this project was
unique.
Council Member Brausen moved and Council Member Johnson seconded a
motion to authorize the Mayor and City Manager to enter into an agreement with
RLK-Kuusisto Ltd. For construction engineering services and approve additional
design services fees not to exceed 59,256.40, pertaining to City Project 98-12,
Parking Lots 500 and 600 and 10th Ave N and 11th Ave N Improvements. A poll
of the vote was as follows: Council Member Brausen, aye; Council Member
Hesch, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion
carried unanimously.
6. First Reading of Ordinance 2001-855 Repealing Ordinance 2001-850,
Cable Franchise for Wide Open West (CR2001-65)
Jim Genellie said that earlier this year, the City adopted a franchise ordinance for
WideOpenWest (WOW). In March, the City received a written letter from WOW
informing the City of their inability to accept the Ordinance granting a franchise
due to adverse market conditions and financing. The Cable Commission has
June 5, 2001 City Council Meeting Minutes Page 6
recommended that cities, which have adopted franchise ordinances, repeal these
ordinances.
Council Member Hesch moved and Council Member Brausen seconded a motion
to adopt Ordinance 2001-855 for first reading. A poll of the vote was as
follows: Council Member Brausen, aye; Council Member Hesch, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. ADJOURNMENT
There being no further business, Council Member Hesch moved and Council
Member Johnson seconded a motion to adjourn the meeting. The meeting was
adjourned by unanimous consent at 9:12 p.m.
Respectively Submitted,
Terry Obermaier, City Clerk
ATTEST:
~~ ~ ~~~ ,
Euge - e J ~I~laxwell, Mayor
June 5, 2001 City Council Meeting Minutes Page 7