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04-05-05A regular meeting of the Hopkins City Council was held on April 5, 2005, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Johnson, and Rowan. Also, present were staff members Getschow, Genellie, Stadler, Kerrigan, Anderson, and City Attorney Jerry Steiner. Council Member Thompson was absent. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:35 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. OATH OF OFFICE Judy Reinehr gave the oath of office. Ms. Reinehr has been appointed to the Human Rights Commission. Ms. Reinehr spoke about the Commission and thanked the City Council for the appointment. IV. REPORTS -COMMITTEES/COMMISSIONS 1. Park Board Dick Neiman reported that the Park Board held a meeting on March 21, 2005. Mr. Neiman stated that the Board has spent several sessions discussing thoughts of future facilities and programs. The items they identified as priorities for the future are a miniature golf course along Excelsior Boulevard, a memorial garden, the formation of a garden club, an area to post events in the downtown park, park maps, and tennis courts. The Board is one member short. The Board also discussed the objectives set by the Council for the Board and has questions concerning those objectives and the By-laws of the Board. They thought that a change of name to Park and Rec Board would be more descriptive of their Board. Council Member Johnson asked if it was time for a joint meeting with the Park Board. Mr. Neiman stated that the Board would like that. Mr. Neiman asked if it would be possible to have a City booth at the Raspberry Festival with all commissions represented. Mayor Maxwell answered that several commissions do already have booths. 2. Zoning and Planning Commission April 5,2005 City Council Meeting Minutes Page 1 Jeff Paul reported that the Zoning and Planning Commission held a meeting on March 29"'. The Commission discussed four items. The first item discussed was the CUP for a sign for Mizpah Church. The commission felt that it would be an improvement over what is currently there and recommended approval. The second item discussed was the Blake School Plat. The Commission concluded that it would meet the subdivision requirements and recommended approval. The Commission then discussed a concept review for two lots at 1303 and 1305 Lake St. The applicant has proposed anine-townhome project. There were several problems. The property would need to be rezoned from R-4 to R-2. A variance would be needed for the north. Staff did not like the guest parking in front of the building. The Commission will continue working with the applicant. The Commission recommended that the applicant reduce the number of town homes to seven or less, eliminate the parking in front of the building, and review the entrance corridor that was very close to the neighbor. The last item the Commission discussed was the ordinance change to allow transient merchants in the B-3 zoning district. The Commission recommended approval. VI. CONSENT AGENDA 1. Minutes of March 15, 2005 City Council Meeting 2. Minutes of March 15, 2005 City Council Work Session 3. Minutes of March 1, 2005 City Council Work Session 4. Minutes of March 8, 2005 City Council Work Session 5. Minutes of March 8, 2005 Joint Hopkins/Minnetonka City Council 6. Minutes of March 29, 2005 City Council Work Session 7. Ratify prior Month's Disbursements 8. Approve Resolution 2005-028, Approving Transfer of Rights Contained in 2000 Encroachment Agreement from KMC Telecom to Century Telephone (CR2005-040) In answer to Mayor Maxwell's question, Mr. Genellie responded that the agreement is protection for the City. The City has an agreement with KMC for use of the public rights-of-way. KMC is in the process of selling its Minnesota network to CenturyTel. KMC is requesting the City to transfer the rights and obligations contained in the agreement to CenturyTel. Mr. Stadler added that the agreement is required by our ordinance. The ordinance requires that the Council approve the transfer. Council Member Brausen moved and Council Member Johnson seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. April 5,2005 City Council Meeting Minutes Page 2 VII. OLD BUSINESS 1. Site Plan Review, SuperValu (CR2005-025) SuperValu is proposing to construct a 120,000 square-foot addition to the existing building at 300 2nd Ave S. The addition would be located on the south side of the existing building. SuperValu is proposing to remove the existing fence and construct a new fence that would meet the requirements of the Fire Marshal if the neighborhood wants the fence replaced. When the existing building was constructed, a height variance was granted. If the building addition is to match the existing building, a height variance will have to be granted. There will not be dock doors, truck traffic, yard noise, tractor/trailer fumes/noise on the south side of the new addition. The only lighting on the south side will be lighting above the fire doors. Since the last City Council Meeting, Bob King held a meeting with the neighborhood. At the meeting they discussed the exterior of the south wall. Bob King, Factory Manager, Hopkins Minneapolis Distribution Center, came forward. Mr. King reviewed the changes that were made based on the March 28"' meeting with staff and representatives of the neighborhood. The changes that were made involved incorporating different textures, colors and landscaping to break the length of the side of the building. SuperValu will plant existing trees that have to be removed to whatever location they are instructed to. Sandy Lien, 629 5`" Ave S, stated that a consensus had not yet been reached, but that SuperValu is headed in the right direction. Ms. Lien suggested that SuperValu plant evergreens with fuller branches as a barrier to between the building and Buffer Park. Don Roesner, 618 Park Valley Dr W, said that when SuperValu was built, the neighborhood didn't want traffic on 5`" St and they wanted the building as close to the street on the 5`" St side as possible. Mr. Roesner stated that this is what the neighborhood wanted originally and this is a beautiful plan. Kathy Undestad, 408 7T" St S, said that 7th St residents were not notified of the meeting. The neighborhood as far as she knows has not agreed to this plan for the south nor removing the sound wall. This building is over forty-feet high and the landscaping will not hide it. Mike Reinitz, 533 5"' Ave S, stated that the neighborhood has not agreed to the plan and could trees be planted in front of the exit doors to defuse the light above the doors. Mr. Reinitz also stated that the yellow color might become outdated. Asked for stone or granite or cement with a little coloration. April 5,2005 City Council Meeting Minutes Page 3 Curt Wellumson, 605 Park Valley Dr W, said that an eight-foot berm from grade would not hide anything. Asked for a visual construct, such as having two boom trucks on each side of the building and raise up a cable across the area so everyone can see what it would look like. The wall cannot be hidden. Pam Tanaka, 606 Park Valley Dr E, asked how much it would cost to achieve Mr. Wellumson's suggestion. Mel Walters, 605 5`" Ave S, asked if it couldn't be painted dessert or military camouflage and make it disappear? The Council discussed the color scheme and asked if SuperValu has plans for updating the exterior look of their buildings. A special Council meeting will be held on April 13`" at 7:30 to review a plan for expansion to the east. A special Zoning and Planning Commission Meeting is scheduled for April 12 to review plans for an east side expansion. City Attorney, Jerry Steiner, said that the Council would be in a position to vote on the east or the south expansion plan on Wednesday, the 13"'. Council Member Brausen asked if staff could verify that the two meetings next week will be broadcast on cable. Council Member Rowan moved and Council Member Johnson seconded a motion to continue Resolution 2005-18, approving a site plan to construct an addition to the building at 300 2ntl Ave S to Wednesday, April 13`". A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Height Variance, SuperValu (CR2005-026) The Zoning Ordinance allows a maximum height of 35 feet. SuperValu is proposing to construct a 120,000 square-foot addition to the existing building with a height of 43 feet. A variance of eight feet is needed. Council Member Rowan moved and Council Member Brausen seconded a motion to continue Resolution 2005-019, approving a height variance for the addition to SuperValu to Wednesday, April 13`". A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Mayor Maxwell called afive-minute recess at 8:35 p.m. The Council meeting resumed at 8:40 p.m. April 5,2005 City Council Meeting Minutes Page 4 VIII. NEW BUSINESS 1. Preliminary/final Plat, Blake School (CR2OO5-043) As part of the agreement with the reconstruction of Excelsior Boulevard, the City will deed property to Blake School. The property is located on the south side of the school. There is a 30-foot strip that is in the City of Hopkins and a larger piece that is in the City of Edina. The City of Hopkins will be adding the 30-foot strip in Hopkins to Blake's property. The larger parcel in Edina will become an outlot. The City of Edina will take action on the larger parcel. In addition to the area south of Blake School, there will be several parcels of land in Interlachen that were the former trolley car line that will be platted as outlots and retained by the City, except for outlot D that was recently purchased from the City. Outlots are unbuildable. City Attorney, Jerry Steiner stated that Outlot A, the property in Edina, is subject to the restrictions in the City's agreement with Blake; the conservation easement, no building, and left in its natural condition except for certain limited exceptions; and cannot be built on. Mr. Steiner also mentioned a utility easement for an underground water main. The City does not know the actual location of the main, so approval should be conditional upon on verifying the location of the water main. The easement would be moved if the location of the main is not where it is thought to be. Steve Stadler stated that Blake School would be locating the water main. The Zoning and Planning Commission recommended approval. The action is in compliance with the Zoning Ordinance, Comprehensive Plan, and the Subdivision Ordinance. Bill Griffith, representing Blake School, came forward and stated that Blake is agreeable to providing the easement. The location of the main was not discussed and Mr. Griffith stated that the City should be responsible for that. A private locator would have to be hired to find the main. Mr. Steiner stated that in the City's agreement with Blake, it states that Blake will provide a survey locating underground utilities. Mr. Griffith stated that the utilities are not easily located and that was not an anticipated cost. Blake will continue to discuss the easement with staff and how to make it happen. Mr. Steiner said that the City should not close on the property until this is settled. There is no authority to spend funds on a location of the utilities. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2005-030, approving apreliminary/final plat for the Blake School and platting several parcels to become outlots that will be owned by the City except for outlot D subject to finding the water main and having the City and City Attorney and Blake School come to an agreement on how to finance the location of the main. April 5,2005 City Council Meeting Minutes Page 5 A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried _ unanimously. 2. CUP Mizpah Church (CR2005-042) The Mizpah Church is proposing to construct a new sign on their property at 412 5`h Ave N. The site is zoned R-4. All signs over 12 square feet require a conditional use permit. The Zoning and Planning Commission recommended approval. Nancy Anderson reviewed the site plan and specifications of the sign. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2005-029, approving a conditional use permit to erect a sign at Mizpah Church. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. Approve Easement Agreement with Hennepin County, re: 8"' Ave S access to Former Knox Property and Agreement Regarding Future LRT Easement (CR2005-041 As part of the process of Rudy Luther's Hopkins Honda relocation to the former Knox property, a traffic study was completed. The study detailed the benefits of a secondary access to the site from Excelsior Boulevard. To facilitate construction of the roadway, and easement across the HCRRA right-of-way is necessary. The easement agreement for the 8`" Ave extension grants the necessary right-of-way to construct the roadway. Rudy Luther Companies will assume all responsibility for all requirements detailed in the easement agreement. The HCRRA Board conditioned their approval of the 8`" Ave extension on receiving an easement on the east side of 8`" Ave and north of the HCRRA property (currently part of the Met Transit Park/Ride site. This easement is provided at no cost to HCRRA. The agreement allows the HCRRA to utilize the easement property for transportation uses in conjunction with the use of their adjacent right-of-way property. Council Member Rowan moved and Council Member Johnson seconded a motion to authorize the Mayor and City Manager to execute the following agreements with the Hennepin County Regional Railroad Authority. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. April 5,2005 City Council Meeting Minutes Page 6 4. First Reading for Zoning Amendment, Transient Merchant (CR2005-044 The City recently adopted amendments to the licensing procedure for transient merchants. The licensing allows transient merchants only in the B-3 zoning district. All transient merchants will have to be licensed. This ordinance amendment will allow transient merchants in the B-3 zoning district. The Zoning and Planning Commission recommended approval. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2005-31, approving Ordinance 2005-947, adopting an ordinance amendment to allow transient merchants in the B-3 zoning district. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Rowan stepped down from the Council table at 9:01. 5. Continuation of Vacation of a Portion of Goodrich Street Right-of-way IMemo) Staff requested that this item be continued and placed on the agenda of the April 12`" work session. Council Member Johnson moved and Council Member Brausen seconded a motion to continue this item to the April 12`" Work Session. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Rowan returned to the Council Table at 9:05 6. Schedule Special City Council Meeting for April 13, 7:30 p.m. IMemo) Staff requested a special meeting beginning at 7:30 to review the east expansion site plan and variance for the SuperValu Distribution Facility project. Council Member Johnson moved and Council Member Rowan seconded a motion to hold a special meeting on Wednesday, April 13, 2005 to review SuperValu's east expansion site plan. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. April 5,2005 City Council Meeting Minutes Page 7 IX. ADJOURNMENT _ There being no further business, Council Member Johnson moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:08 p.m. Respectfully erry Obe,FpKaier, City COUNCIL MEMBERS ATTEST: Eugene J. axwell, Mayor April 5,2005 City Council Meeting Minutes Page 8 v