CR 95-57 CUP Alice Smith
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e March 29, 1995 o P K \ ~ Council Report 95-57
CONDITIONAL USE PERMIT--ALICE SMITH ELEMENTARY SCHOOL
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 95-25 approving a
conditional use permit by School District #270 for remodeling and construction of an addition
to Alice Smith Elementary School located at 801 Minnetonka Mills Road.
At the March 28, Zoning and Planning meeting Mr. Hutchison moved and Mr. Racek
seconded a motion to approve Resolution RZ95-7, recommending approval of a conditional
use permit to construct an addition to Alice Smith Elementary School. The motion carried
unanimously.
Overview.
The School District is proposing to construct a 10,000 square-foot addition to Alice Smith
Elementary School. The new addition will be one story and located on the northwest side of
the building. The majority of the new space will be used for music and multi-purpose rooms.
In conjunction with this project, the School District will also be remodeling the interior of the
existing building.
. The project also involves adding a bus loop at the west side of the site. Currently the buses
use the drive-up area in the front of the building. For safety reasons it is preferred to separate
the car and bus traffic. With the new bus loop the car and bus traffic will be separated. Cars
will continue to use the drive-up area in the front of the building for a drop-off and pick-up
area.
Primary Issues to Consider.
0 What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
0 What are the specifics of the site plan?
0 What happened at the Zoning and Planning meeting?
Supportin2 Documents.
0 Analysis of Issues
0 Site Plans
0 Resolution 95-25
.
CR95-57
Page 2
e Primary Issues to Consider.
0 What is the zoning of the property and how has the Comprehensive Plan
designated the subject site?
The subject site is zoned R-I-A, Single and Two-Family High Density. The Comprehensive
Plan has designated the site as a school. The existing use is in compliance with these
documents.
0 What are the specifics of the development?
Landscaping
In accordance with the landscape section of the Zoning Ordinance this project is required to
provide ten additional trees added to what presently exists on the site. The landscape plan as
provided details twelve plantings will be added to the site. The new trees will be located on
the north side of the new bus loop and on the east side of the bus loop. Six trees will be
relocated from where the new addition will be constructed. The new addition will have
decorative paving areas as part of the new south and north entries.
City Engineer
. The Engineering department has reviewed the proposed plans. The applicant is required to
have sump catch basins on the site for drainage. Staff recommends that a condition is added
to the resolution that the applicant agree to sign a maintenance agreement for the maintenance
of the sump catch basins.
Minnehaha Watershed District and Nine Mile Creek Watershed District will need to approve
the proposed improvements. Approval of the conditional use permit is conditioned on their
review and approval of the proposed improvements.
Fire Marshal
The Fire Marshal has reviewed the proposed plans. He determined that the plans as submitted
are acceptable from a fire/safety standpoint
Parking
The car parking area will remain unchanged. However, the bus waiting area will be moved to
the west side of the site. Currently the bus waiting area is in the front of the building. For
safety reasons the School District tries to separate the car drop-offi'pick-up area from the bus
drop-offi'pick-up area. The new bus loop will use the existing north access point.
.
- -. --
eR95-57
Page 3
e Dumpster
The dumpster for the site will be located on the west side of the site. The dumpster will be
enclosed with a brick screen wall on the south side and a wood fence on the north and east
sides.
Sidewalk
There currently is a sidewalk on Minnetonka Mills Road. The sidewalk will remain the same.
Accessffraffic
The access to the site will remain the same. There are two access points from Minnetonka
Mills Road. No additional traffic will be generated by the addition.
Exterior
The exterior to the new construction will be a brick veneer combined with a stucco looking
finish. The exterior of the new addition will match the existing exterior. The exterior of the
existing building will remain the same.
Lighting
. With the exception of the four new lights that will be added to the new bus loop, the on-site
lights will remain basically the same. The proposed lighting will need to comply with al1
ordinance requirements.
Setbacks
The addition will be constructed on the interior of the site. None of the existing setbacks are
affected.
0 What happened at the Zoning and Planning meeting?
The Zoning and Planning Commission reviewed this item on March 28. The staff reviewed
the proposed improvements to Alice Smith Elementary School with the commission. Larry
Lutz and Tim Dufault representing the school district appeared before the commission. Mr.
Dufault stated that the construction for the new addition will start around May 1 and that
most of the internal remodeling will be completed before school starts in the fall. There was
no one in the audience to speak on this issue.
Alternatives
e I. Approve the conditional use permit to for the project at Alice Smith Elementary School.
With this action, the applicant will be able to construct the building as proposed.
CR95-57
Page 4
- 2. Deny the conditional use permit to remodel Alice Smith Elementary School. With this
action, the applicant will not be able to construct the building as proposed. If the City
Council considers this alternative, findings will have to be identified that support this
alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
.
e
e CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 95-25
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
AN APPLICATION FOR A CONDITIONAL USE PERMIT
TO CONSTRUCT AN ADDITION TO ALICE S:MIrn ELEMENTARY SCHOOL
WHEREAS, an application for Conditional Use Permit CUP95-2 made by School District #270
to construct an addition to Alice Smith Elementary School is approved.
WHEREAS, the procedural history of the application is as follows.
L That an application for Conditional Use Permit CUP95-2 was filed with the City of
Hopkins on February 21, 1995.
2. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a
public hearing on the application and reviewed such application on March 28, 1995, all
. persons present at the hearing were given an opportunity to be heard.
3. That the written comments and analysis of the City Staff and the PI arming Commission
were considered.
4. A legal description of the subject property is as follows.
That part of the West 524.5 feet of the Northeast 1/4 lying North of Minnetonka Mills Road (County
Road No. 71) and South of State Trunk. Highway No.7, in Section 24, Township 117, Range 22, except
the West 247.5 feet of said Northeast Quarter.
All of the following described tract which lies south of the centerline of Highway NO.7:
That part of the West 247.5 feet of the West 1/2 of the Northeast 1/4 and
that part of the Northeast 1/4 of the Northwest 1/4, Section 24, Township
117, Range 22 lying North of the centerline of Minnetonka Mills Road as
shown on the plat of "West Minneapolis Second Division."
NOW THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit
CUP95-2 is hereby approved based on the following Findings of Fact.
. 1. That a school is permitted with a conditional use permit in the R-1-A zoning
district.
2. That the applicant meets the requirements for a conditional use permit to construct
a building.
BE IT FURTHER RESOLVED, that application for CUP95-2 is hereby approved based on the
. following conditions.
l. That the development is constructed as per the plans submitted.
2. That the City and the applicant sign a maintenance agreement for the sump catch basins in
a form acceptable to the City.
3. That Nine Mile Creek Watershed District approves the drainage plan.
4 That the .Minnehaha Watershed District approves the drainage plan.
5. That the applicant provides evidence that easements exist for the watermain, sanitary
sewer, and storm sewer on the site. If no easements exist the applicant is required to
provide easements for the above utilities in a form acceptable to the City.
Adopted this 4th day of April 1995.
Charles D. Redepenning, Mayor
ATTEST:
. James A. Genellie, City Clerk
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LEGAL DeSCRIPTION I
Par 1: That part ot the West 524.5 teet ot the Northeast lIt
lying Horth of HinnatonkQ Hills Road (County Road No. 71) and
South of Stilte Trunk lIighway No.1, in Section 24. Township
117, Range 22, except the Weat 247.5 feet at said Northeast
Quarter.
Par 2: All at the following described tract which li.s South
ot the centerline at lIighway No. 11
That part of the Wut 241.5 teet at the W.st 1/2 at
the North.a.t 1/4 and that ~rt of the Horth...t
1/4 of the Northwest 1/4, Section 24, Township 117,
Range 22 lying North of tho center line 0'
Minnetonka Hill. Avenue a. .hown on the plat of
-West Hinne.poli. Second Division-. ....'
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PARCEL AREA I 443,138 .quare feet or 10.113 acr.. ... "'-'
I (to right-of_ay line. all l!ilhown I / ""'" ~""'"
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- PROPERTY LINE (SURVEYED) ....,....
_ _ UNDERLYING/ ADJ'OINING LINES ~,
--- eASEMENT LINB '.
___UL__ COH'l'OUR LINE (1' INTERVAL) '" ~
---:w..- COtn'QUR LIDB (5' Itrr:ERVAL I
..... SPOT EL. (T - TOP CURB)
~ - ." . '. ..~ CONCRETE
_ CONCRETE CURB
_ CJlAl:N LINK FENCB
_ LANDSCAP1!l TIMBBRS
_lIL.-_ OVERBKAD WIRES
_..lIL. _ UNDERGROUND ELECTRIC
t!QI.M :
~ SANITARY SEWER All ttiJMln.ion. are in feet and decimal. unle.. otherwise
-n.- S'l'ORH SEWER indicated.. Dlmensions under two feet are not necessarily
drawn to .eale. Orientation of this bearing' .y.te. i.
~ WATER HAIN a..umed.
_~ GAS LINE Legal description and. ..__nta are per Cert1.fic.te ot Title
1'10. 481365. ~
0 HAHHOLB Railing., roof ~rbaag., acuppe:r1l and otiler minor
+ r ":::
0 CA'l'CB BASIH architectaral detail _y be caitt.d or simplified; verity as ~
n~e.sary. Shrubs and tree. under 2- diaaeter are not .hewn.
<> BTDRAlI"r Kinor .urface f..tur.. _y be Dllitted due to .new caver at ~
eIat. of .urvey.
. VlILW
'!'eat borin9s shown w.rr. scaled f~ dr_inq furni.hed by Braun
. PB'DES'rAL . Intertec CorporatioD; location. approximate only. Elevation.
_re converted fr~ boring log information. Boring. _re
. LIGB'l' POLE taken KArch 1994.
<>- POWER POLB/IUICBOR Underqround uUl.itie. lire .hewn per vi.ible .urtac. feature.,
record_ of Cit.y of Hopkin., Minneqasco, and Northern State.
. SIGH Power, and building/site plan. by Haxby, Bi.a.ll " Belair, SCALE: 1" = 30'
dated 1951. Underground. telephone and TV cabl.. are not shown
,. SOIL BORING (SEE NOTE I a. accurate record. are not available. Privately-owned
utility line. asy exist on site in addition to tho.e shown.
. IRON PIP!! MONUMSRT FOUND
S'l'A'l'B LAW: 48 HOURS BEFORE EXCAVA'l'ING, CALL GOPHER OHB-cALL,
. IRO" PIPB MOMUKEH'l' SBT 454-0002, FOR FIELD LOCATIOfl OP UNDBRGROUHD UTILITY LINES.
. Tbi. i. a tree .ervice which locat.. uUlity-c~y lin.. but 30 0 30 50
COIIInROUS TREB doe. not locate privately-ovned lin... Contractor. excavatinq
on .it. shall provide tor location of private lin.. by L---:I I
LEGAL D!:SCRIPTIOMl
Par 1: That. part. of t.h. We.t. !2".5 f..t. of t.he Northe4at 1/4
lyinq North Qf Kinnotanlua Mill. Road (County llo4d No. 711 LInd
South or St..t.. Trunk lIiqh".y No.1, in Section 24, TQWnahlp
117, RAnq. 22, ....c.pt the W..t. 247.5 feet of .aid Hortheast
Quart.r.
l"ar 2: All of the [allowing describad tract. which liell :;ouLh
of the cent..rline of Iliqbv.y He. 7:
That ~rt of tll. v..t. 247.5 feet of the West. 1/2 'of
the North-..t 1/4 and that part of the Horthe.st
1/4 of the ttort.hw'ut 1/4, Section 24, Township 117,
R..ng. 22 lying Harth 0' tho center line 0'
Minnetonk.a Mill. Avenu. .. shown on the plat of
.We.t "inn..polis Second Divi.ion-.
~, "4],1]8 squ.re fe.t or 10.17] acras
Ita ri9ht-of-way line. .. shown I
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_ - UNDERLYING/ADJOINIHG LINES
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n..!'!~Lu. CONTOUR LINE II' INTERVM.)
~ COtn'OUR LINE IS' INTERVAL)
.- SPOT EL. (1'.' TOP cunBI
"7""'" :.~ COHCltETE
_ CONCRETE CURn
._ elmI" LINK FENCE
_ LANOSCAP!: TlHDERS
_0._. OY'E1UIEAD WIllES
_...d.. _ tnlDEncnoURD ELECTRIC
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~ SMITARY SEWER
All di_nsions .re in feet and dec~1. unla.. ot.henlliso
---1!..- S'rOR" SEWER indicated. Dt-nsions under tvo f_t are not neces_rily
drawn to ac..le. Orient..Uon of this .arinq 1lJ'.t.. is -.
--- WATER KAIN ....u~~
_l;&S_.. CAS LINE Leqal description and ea__au are per Certificat.e of Title
No. 481365'.
0 MAHIIOLE
biling. , r=' crverh.Anq., SC1Ipper. and otner alnor J;
0 CATen DASXH architectural det.sU _, tM C*ittltd or .lJ.plitied; varify ...
~ nec...ary. Shrub. and tr_. wader ;Z- cii-t.er are not .hown~
<> DYDRJIlIT Minor surface features _y be ~ttlld em. to __ CO'Irer .t
I dat.e of survey. .
. VALVl!
Test. borings shown _re scaled fr~ drswinq fta.rni.hed b7 ar....n
. PEDESTM. Intertec Corporation; loc.tion. appcox~te only. IU...tion.
were converted frOll borinq 109 iD10rJNtUon. Dorinqe _re
0 LIGHT POLE taklm MlIrch 1994. I
0- POWER POLE/MCnOR Underground utilities are shown ~r visible surface feat.ure.,
recorda of .city of Hopkin., Minn~sco, and Northern State.
SIGN Power, and building/sit.o plan. by Ha.xby, Bi._ll 1 Ba.l..ir, SCALE: 1" = 30'
dated '19Sl~ Underground telephone and TV cable. .are not:. shown
.. SOIL BORING (SEE HOTE) a. ac:c:urat.. records are not .vail_bla. Privat.ely-owned
utility lines _y exi.t on site in addition to tho.. shown.
. IROlf PIPE HOHUMEIIT FOUND
STATE LAW: 4B BOURS BEl'ORE EJ:CAVATllfG, CALL GOPUBR DRB-cALL,
0 IRON PIPE MDNUMENT S" 4S4-00'lJ2, FOR !'1ELO LOCATlOII OF lJIID!:JtGROUIID UTILITY LIKES.
. CONIFEROUS TREE This i'. a fr_ ..rvice which locat.. utllity-cu.pany liD.. but 30 0 30 60
does not locate priv..t.ely-t:N'IMd 111M.. Coatr<IICtara .sc....tinq
I 0 on .it. .ball provide for locaUaa of pri..t. Un.. by L.....- ......;I I
DECIDUOUS 'mEB contract locat1ftllJ s.rvice or ot.heI: ..!t&bl. _en..
March 29, 1995 ~ Council Report 95-059
.
RESOLUTION REGARDING
CABLE LINE EXTENSION POLICY
ProDosed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City Council
approve Resolution 95-26 directing the Southwest Suburban Cable Commission to handle issues arising under
the line extension policy.
Adoption of this motion will allow the Southwest Suburban Cable Commission (SWSCC) to review the
applicable line extension policy and engage in negotiations with Paragon Cable regarding the connection of a
non-dwelling unit to cable service.
Overview
The Elks Lodge in Hopkins wants to be hooked up to cable. When they approached Paragon they were told
that it would cost over $4,000 to be hooked up. This cost represents Paragon Cable's estimate for installation
which would involve burying the cable. Staff believes that, while this estimate may be the actual cost of the
. installation, Paragon should be required to absorb these costs since this area should have been wired during
the initial installation of cable in the city.
Staff has had conversations with both Paragon Cable and the SWSCC administrators regarding this issue.
Nothing has been resolved yet. Theresa Harris, ofFredrikson & Byron, is recommending that the city adopt a
resolution authorizing the SWSCC to act for the city in this matter.
Primary Issues to Consider
. What is the purpose of this resolution?
The purpose of this resolution is to allow the SWSCC to represent the city. Staff is recommending
that the Council approve this resolution. Any discussions concerning cable would have to involve
Fredrikson & Byron, acting for the SWSCC, since they are the experts on the franchise. This
resolution wi11 allow Fredrikson & Byron to deal with Paragon Cable directly rather than have to work
through city staff. The city would, of course, retain the right to approve any agreement.
SUDDortin2 Information
. Resolution #95-26
. Letter from Theresa Harris
</
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. !amf~'~-~enellie C::. /k /<,
'.~ City Clerk
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FREDRIKSON & BYRON, ~A. ~i!I'f ,~.~---IHH)
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Attvnle)'s At Lat(! Direct Dial No.
(612) 347-7131
March 24, 1995
VIA FACSIl\fiLE/935-1834
Mr. Jim Genellie
Assistant City Manager
City of Hopkins
10 10 First Street South
Hopkins, MN 55343
Re: Providing Service to Elk Lodge
. Dear Jim:
We have reviewed the franchise for the City of Hopkins regarding the line extension policy
for non-dwelling buildings. If the density of dwelling units is equal to or exceeds 40 dwelling units
per street mile or cable mile, there should be no additional cost contribution for connecting a non-
dwelling unit beyond the normal installation fee. If the density does not exceed 40 dwelling units
per mile, then additional fees may be requested by Paragon.
The Elk Lodge has the option of accepting the cost which Paragon indicates or requesting
that the City Council declare the area in which the building resides an "extended area." If the City
Council passes such a resolution, a cost contribution formula will determine the amount the Elk
Lodge must pay.
As we reviewed the franchise, we noted that the franchise anticipated that the Commission
would be the franchising body and would resolve issues regarding the line extension policy. The
Cities, however, did not designate the Commission as the franchising authority and thus, the
Commission technically does not have the power to handle this matter without express authority to
do so from the Cities.
While we will continue to review this policy, we suggest that you place a Resolution on the
agenda of your City Council which authorizes the Southwest Suburban Cable Commission to handle
this matter with Paragon Cable. Such a Resolution may avert a situation in which Paragon claims
e that the Commission and its staff should not handle this matter. Once such a Resolution is enacted,
FREJ)RIJ\:SOT\ & BYRO:'-J, P.A.
. AUl'n1n' A[ Ldll'
Mr. Jim Genellie
March 24, 1995
Page 2
we will be happy to continue negotiations on this matter with Paragon Cable. We have enclosed a
draft resolution for your convenience.
If you have any questions regarding this procedure, please feel free to contact me at the
above direct dial number.
Enclosure
TMH/cg/396701
.
.
e RESOLUTION OF THE CITY OF HOPKINS, MINNESOTA
DIRECTING THE SOUTHWEST SUBURBAN CABLE CO:MMISSION
TO HANDLE ISSUES ARISING UNDER THE LINE EXTENSION POLICY
WHEREAS, the City of Hopkins, Minnesota (the "City"), received a request for
assistance in resolving an issue regarding the cost of connection to cable service in the City;
and
WHEREAS, the cable franchise ordinance for the City states that issues regarding the
line extension policy referenced in Article V, Section 2 must come before the City Council;
and
WHEREAS, the City Council believes it is appropriate for the Southwest Suburban
Cable Commission to act as its agent and negotiate such policies with Paragon Cable, the
current franchisee of the cable system.
NOW, THEREFORE, the City Council for the City of Hopkins resolves that the
Southwest Suburban Cable Commission is directed and authorized to review the applicable
line extension policy and engage in negotiations with Paragon Cable, the current franchisee
of the cable system regarding such line extension policy and the connection of a non-dwelling
unit to cable service.
. A motion to approve the foregoing Resolution # , was made by
Council member and duly seconded by Council member
The following Council members voted in the affirmative:
The following Council members voted in the negative:
Passed and adopted this _ day of , 1995.
ATTEST:
II Clerk Mayor
3%709
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