03-15-05A regular meeting of the Hopkins City Council was held on March 15, 2005, in the
Council Chambers of the Hopkins City Hall.
_ Present were Mayor Maxwell and Council Members Brausen, Thompson, Johnson,
and Rowan. Also, present were staff members Getschow, Stadler, Bradford,
Kerrigan, Anderson, and City Attorney Jerry Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:30 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none.
III. REPORTS -COMMITTEES/COMMISSIONS
1. Chemical Health Commission
No one appeared on behalf of the Chemical Health Commission
IV. CONSENT AGENDA
1. Minutes of March 1, 2005 City Council Meeting
2. Minutes of March 1, 2005 City Council Work Session
3. Second reading of Ordinance 2005-941, used car lots; (Memo) -Anderson
4. Second reading of Ordinance 2005-944, fireworks sales from temporary
structures; (Memo) -Genellie
5. Second reading of Ordinance 2005-945, dog licenses; (Memo) -Genellie
6. Resolution, Bridging the water Gap; (Memo) -Genellie
7. License agreement Henn Co digitized data; (CR2005-037) -Bradford
Council Member Brausen moved and Council Member Rowan seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
V. PUBLIC HEARING
1. Right-of-way vacation, Goodrich Road; (CR2005-037)
Council member Rowan stepped down.
There is a resident interest in the vacations of certain unimproved alley rights of way
and the vacation of a portion of the 80' wide Goodrich Street right-of-way. Staff has
discussed these vacations with City Council at a work session and sent notice of the
public hearing to all affected property owners and public utility companies. Minnesota
March 15, 2005 City Council Meeting Minutes Page 1
State Statutes allow cities to vacate public rights-of-way when they have determined
it to be in the best interest of the public. In accordance with City Charter and
Minnesota State Statutes the vacations are accomplished by resolution and ordinance
after a public hearing is held.
Steve Stadler reviewed the plans. He stated that he has received some public input
on Goodrich Street, stating it is unique to the neighborhood and its historic character.
There is a difficulty where one driveway crosses over another driveway to the garage.
There is also concern about whose responsibility it will be to pay for tree removal
because of the number of Elm trees there are in the areas that will be vacated.
Mayor Maxwell opened the public hearing at 7:48 pm.
Bill Ellerbrock of 205 and 207 - 21 s` Avenue North asked about private property
encroachments that have been extended into and beyond the current ROW. Mr.
Stadler responded that the city would not be involved in these issues.
Dale Specken of 205 - 20`" Avenue North stated that one of the driveways that were
mentioned by Mr. Stadler is his driveway and that four property owners are involved.
He is concerned about how the issue will be resolved.
There was discussion about the responsibility for the tree maintenance.
Council member Brausen moved and Council member Johnson seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
8:10 pm.
Mayor Maxwell stated that these issues need to be addressed before a decision can
be made.
Council member Johnson moved and Council member Brausen seconded a motion to
continue the Right-of-Way vacation of Goodrich Road to April 5. A poll of the vote
was as follows: Council Member Brausen, aye; Council Member Thompson, aye;
Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
Council member Rowan returned to the meeting
VI. NEW BUSINESS
1. Site Plan Review, SuperValu (CR20O5-025)
SuperValu is proposing to construct a 120,000-square-foot addition to the existing
building at 300 Second Avenue South. The proposed addition will 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
March 15, 2005 City Council Meeting Minutes Page 2
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 be no 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.
SuperValu brought additional plans showing landscaping and berming on the south
side.
Nancy Anderson reviewed the proposed addition to SuperValu. Janel Haugarth,
SuperValu Northern Region; Bob King, Facilities Manager; and Linda Fisher, Larkin
Hoffman, appeared before the Council to represent SuperValu. They reviewed the
site plan and landscaping plans, and explained that the additional height is needed to
accommodate new technical equipment SuperValu wishes to purchase that will
automate and make loading the semis that transport their products more efficient.
The following residents appeared before the Council and spoke in opposition to the
height variance:
• Kathy Undestad, 408 Seventh Street South
• Sandy Lien, 629 Sixth Avenue South
• Roger Peterson, 513 Fifth Avenue So
• Mike Reinitz, 533 Fifth Avenue So
• Mel Wolter, 605 Fifth Avenue So
• Helen Lovingfoss, 538 Park Valley Drive E
• Curt Wellumson, 605 Park Valley Drive W
• Pam Tanaka, 606 Park Valley Drive E
• Eli VanLuyk, 618 Park Valley Drive E
• Craig Hinricks, 621 Park Valley Drive E
• Ruby Olson, 625 Fifth Avenue So
• Steve Olson, 215 Maple Hill Road
Sandy Lien read a letter from the following resident:
• Steven and Casey Berquist, 509 Park Valley Drive E
Additional petitions were also given to the Council from residents who are opposed to
granting the variance.
The following residents appeared before the Council and spoke in support of granting
the height variance:
• Frank Peters, 513 Park Valley
• Fran Hesch, 246 Fifth Avenue No
March 15, 2005 City Council Meeting Minutes Page 3
There was discussion about what options are available to move the planned
expansion to another part of the building. Jeremy Steiner agreed to petition to have
the deadline for the application extended an additional 30 days.
Council Member Rowan moved and Council Member Johnson seconded a motion to
continue the SuperValu site plan review and height variance to April 5, to tentatively
schedule a special Zoning and Planning Commission meeting on April 12, and a
special City Council meeting on April 13. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye;
Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
At the point in the meeting, the Council took a 15-minute break.
3. Approving the purchase of a new Fire Department pumper and equipment.
Engine 3 was purchased in 1982 and has seen 23 years of service with the Fire
Department. The truck was built by Luverne Fire Apparatus and was designed for a
20-year service life. Engine 3 and the equipment on the truck is no longer serviceable
as a primary response unit.
Dave Klocek reviewed the history of the truck and explained the need for a new
truck.
It was noted that the total bid was incorrect on the Council Report and the
Resolution. The documents will be corrected to read 5402,255.80.
Council Member Brausen moved and Council Member Thompson seconded a motion
to adopt Resolution 2005-024, Resolution approving the purchase of a new fire
department pumper and equipment. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye;
Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
4. Approve final plans and order bids, 2005 street and utility improvements
and Lot 800 reconstruction (CR2005-039)
At the January 18, 2005 meeting, the Hopkins City Council conducted a public
hearing concerning street and utility improvements on Madison Avenue North,
Madison Circle North and South, Jackson Avenue North, Sunnyside Lane, Van Buren
Avenue and Shadyside Circle. Council authorized the project to proceed allowing the
preparation of plans and specifications.
At the September 16, 2004 meeting, the Hopkins City Council authorized SEH Inc. to
prepare plans and specifications for the reconstruction of Parking Lot 800. In order to
minimize construction costs, staff is proposing to combine these two projects into a
single construction contract to be awarded to a single contractor.
March 15, 2005 City Council Meeting Minutes Page 4
The plans are substantially complete and staff now seeks final design approval and
authorization to continue to the bidding phase of the project.
John Bradford presented the proposal. A bid opening is scheduled for April 12, 2005.
There was discussion about plans for grass and plantings.
Council Member Thompson moved and Council Member Rowan seconded a motion to
adopt Resolution 2005-027, approving plans and specifications and authorizing
advertisement for bids 2005 street and utility improvements, and Lot 800
improvements, City project No 04-10, 04-1 1. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Thompson, aye; Council Member
Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
5. Approve settlement agreement between Ugorets Properties, LLC, and City
of Hopkins (CR2005-036)
In 2002, shortly after the completion of the Lake Street bridge replacement project a
dispute arose regarding the location of the Lake street bridge right-of-way. Ugorets
Properties, LLC, the owner of the property directly west and adjacent to the new
bridge, asserted that the bridge improvements encroached on its property. After
what has been a long process to reach a settlement, staff is requesting that the City
Council approve the proposed settlement agreement. Staff last discussed a
settlement agreement with City Council at the August 10, 2004 work session. The
terms of the settlement agreement are similar to what was presented at the work
session. The agreement is contingent upon approval by the City Council of Ugorets
application for rezoning the property to "B-1 "and approval of a CUP for office
building use. The League of Minnesota Cities Insurance Trust are covering this
private action against the City and have provided legal services along with Jerry
Steiner, City Attorney. Staff recommends approval of the settlement agreement.
Steve Stadler reviewed the agreement for discussion.
Council Member Johnson moved and Council Member Brausen seconded a motion to
approve the settlement agreement between Ugorets Properties, LLC, and the City of
Hopkins. A poll of the vote was as follows: Council Member Brausen, aye; Council
Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson,
aye; Mayor Maxwell, aye. The motion carried unanimously.
6. PUD Agreement, former Hopkins House Hotel (CR2005-34)
Last year a PUD agreement was approved for the redevelopment of the Hopkins
House. After the approval of the PUD agreement, the applicant amended his plans
March 15, 2005 City Council Meeting Minutes Page 5
and eliminated the townhomes on the east side of the property. The agreement has
been modified.
As part of the rezoning to R-5 PUD of the former Hopkins House Hotel, a PUD
agreement has been drafted. The site will be rezoned R-5 PUD, and the rezoning will
allow the redevelopment of the site to 56 condos. The agreement outlines the terms
and conditions for this specific development. If for some reason this development
does not take place, the site reverts to the base zoning of B-3, General Business. The
basic agreement is similar to other PUD agreements that the City Council has
approved.
The PUD agreement, as presented, was prepared by Jerry Steiner of the City
Attorney's office.
Nancy Anderson reviewed the agreement and there was discussion.
Council Member Rowan moved and Council Member Thompson seconded a motion to
approve the PUD agreement for the former Hopkins House Hotel. A poll of the vote
was as follows: Council Member Brausen, aye; Council Member Thompson, aye;
Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye.
The motion carried unanimously.
7. Development agreement, Starbucks (CR2005-035)
Last year the City Council approved the construction of a Starbucks Coffee, located
on a commercial pad east of the Walgreen's on Highway 7. The agreement outlines
the terms and conditions for this specific development. The basic agreement is
similar to other development agreements that the City Council has approved.
The development agreement as presented, was prepared by Jerry Steiner of the City
Attorney's office.
Nancy Anderson reviewed the agreement and discussion took place.
Council Member Brausen moved and Council Member Rowan seconded a motion to
approve the development agreement, Starbucks. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Thompson, aye; Council Member
Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
8. Resolution supporting Community Development Block Grant (CDBG)
program (Memo)
President Bush's 2006 budget proposes the elimination of the CDBG program. CDBG
funds are the primary source of funding for the City's housing rehabilitation loan and
March 15, 2005 City Council Meeting Minutes Page 6
grant program and support many other important projects and services for Hopkins
residents.
Jim Kerrigan presented the Resolution. There was discussion about whether or not
the proposal will be passed by Congress. There is a lot of opposition to the proposal,
so the consensus is that it will not be passed.
Council Member Thompson moved and Council Member Rowan seconded a motion to
adopt Resolution 2005-023, requesting that the State of Minnesota representatives in
Congress do not support any legislation reducing or eliminating CDBG funding. A poll
of the vote was as follows: Council Member Brausen, aye; Council Member
Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor
Maxwell, aye. The motion carried unanimously.
VIII. ADJOURNMENT
There being no further business, Council Member Brausen moved and Council Member
Rowan seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 12:50 a.m.
Respectfully Submitted,
~ , ~~
Bish Johns ministrative Assistant
ATTEST:
Eugene J axwell, Mayor
March 15, 2005 Cky Council Meeting Minutes Page 7
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