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Agenda - Final HOPKINS CITY COUNCIL FINAL AGENDA June 19, 2001 7:30 p.m. THIS FINAL AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF THE CITY COUNCIL MEETING Schedule: 6:30 pm -Joint City Council/Park Board meeting 7:25 pm - Special HRA meeting 7:30 pm - City Council meeting Work session at conclusion of City Council meeting. 1. CALL TO ORDER ll. OPEN AGENDA.. PUBLIC COMMENTS/CONCERNS (Public must fill out a Speaker Request Form. Three minute limit for each person) III. REPORTS - COMMITTEES/COMMISSIONS IV. CONSENT AGENDA 1. Minutes of June 5, 2001 City Council meeting 2. Minutes of June 12, 2001 City Council work session 3. Second reading of Ordinance 2001-855 repealing Ordinance 2001-850, Cable Franchise for Wide Open West, (memo) - Genellie 4. Temporary 3'.2 beer license for the Jaycees, Hopkins Raspberry Festival, (CR2001-68) - Obermaier 5. Appointment of Bob Miller to Police Civil Service Commission, (Memo) - Maxwell Vote: Brausen Jensen Hesch Johnson Maxwell V. OATH OF OFFICE (Tentative) 1. Chemical Health Commission - Jacob Stacken and Kelsey Hessel, Student Reps VI. PRESENTATION 1. Raspberry Festival presentation, Gary Anderson VII. NEW BUSINESS 1. Approve agreement lease with Metro Transit park and ride, (CR2001-77) - Stadler Johnson Maxwell Vote: Brausen Jensen Hesch QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) (e 2. Approve Resolution to abolish Police Civil Service Commission, Reid (C ,e ~ 1- ?~ Vote: Brausen Jensen Hesch Johnson Maxwell QUESTIONS OR COMMENTS? CALL THE RAZZLE LINE - 939-1421 (The Razzle Line is the City of Hopkins voice message system) A 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. Ill. 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 Iike'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 D"epot 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 '. 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 cui 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 complementedMr. 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 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 2-11 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 Tamborninoshould 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 Cou.ncil 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/MilwaukeeSt 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 obtaine.d a preliminary design proposal from Short Elliot Hendrickson. Engineering service fees are $11,000 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. Staf.f 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 . 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 Jensen, 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, TerryObermaier ,CityClerk COUNCIL MEMBERS ATTEST: Eugene J. Maxwell, Mayor June 5, 2001 City Council Meeting Minutes Page 7 v 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 $49. 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 $9,256.40, pertaining to City Project 98-12, Parking Lots 500 and 600 and 10th Ave Nand 11 th 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 th.at 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 il 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 2nd 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 (CR200 1-73) 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 ,,' 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 dis~ppointment 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) 11 . Resolution Rescinding Approval of First Reading of Cable Franchise for Everest Minnesota LLC (CR2001-67) 12. Approve Construction Services Agreement, SuperValu Perishable Warehouse (CR200 1-70) 13. Award Contract, Blake Water Tower Painting Project (CR2001-76) Steve Bot said that the motion for item twelve should be changed to lIauthorize 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