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08-02-00A regular meeting of the Hopkins City Council was held on August 2, 2000 in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Hesch, and .Johnson. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Anderson, Gessele, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Maxwell called the meeting to order at p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. REPORTS -COMMITTEES/COMMISSIONS 1. Zoning and Planning Commission Jay Thompson said that the Zoning and Planning Commission held election of officers. Maura Swanson was elected the chairperson. They discussed the SuperValu requests. The major issues were traffic and the vacation of 6th Ave S. They recommended approval of the vacation. The Commission discussed the CUP for SuperValu and recommended approval with option D for the 10th Ave S/6th St S intersection. The Commission recommended approval for the height variance and subdivision. They also recommended approval for the driveway variance and the plat and CUPs for Walgreens and the Hopkins House. IV. PRESENTATION 1. Mary Hill Smith, Metropolitan Council -Certificate of Appreciation; Charter Partner in the Livable Communities Program Mary Hill Smith is the Metropolitan Council, Representative form District 3. Ms. Smith said that in 1995 the Livable Communities Act was passed. Cities participated voluntarily. The program encourages Cities to work toward providing affordable housing. Hopkins has participated for five years and has received S 168,731 from the Council to help clean up the former dump on Excelsior Boulevard. Ms. Hill presented a certificate of appreciation to Mayor Maxwell as a Charter Partner in Livable Communities Program for accomplishments in promoting smart growth, housing choice and cleanup of polluted land for redevelopment. August 2, 2000 City Council Meeting Minutes Page 1 V. CONSENT AGENDA 1. Minutes of July 18, 2000 Regular City Council Meeting 2. Ratify Prior Month's Disbursements 3. Miscellaneous License Applications 4. Order Public Hearing on Cable Franchise (CR2000-137) 5. Approve Excelsior Boulevard Phase II Landscape Design Services Agreement (CR2000-138) 6. Approve Purchase of Truck-Mounted Sewer Cleaner (CR2000-123) 7. Appoint Election Judges, 2000 Primary Election (CR2000-124) 8. Approve Temporary 3.2 Beer License, St Joseph's Church Fall Festival (CR2000-125) Council Member Johnson asked if the Council will have an opportunity to review the design for Excelsior Boulevard, item 5. Staff replied that the final plan will come to Council for approval. Mayor Maxwell asked Jim Genellie to review item 4. Mr. Genellie said that two new cable companies are seeking franchises for the area cities. State Statute requires a public hearing, which is set for Sept 5. The public is invited to review the documents. Council Member Hesch moved and Council Member Brausen seconded a motion to .approve the Consent Agenda. 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. NEW BUSINESS 1 . First Reading, Vacation of 6th Avenue South, re: SuperValu Perishable Warehouse (CR2000-126) Nancy Anderson said that SuperValu has applied for four items; the vacation of 6tn Ave S, a CUP, a height variance, and a preliminary plat. Jim Kerrigan said that the major issue is the closing of 6th Ave S. Mr. Kerrigan said that those individuals closer to 6th Ave were more in favor of the closing, while those who were not in favor of the closing were farther away from 6th Ave. Mr. Kerrigan said that after reviewing all of the information, there are more benefits than disadvantages for the closing. Sher Azizi and Mary McGlinch presented the plans for the addition and said that there will be an increase in truck traffic over what is now 6th Ave S. They said that this will increase the risk to SuperValu with car, pedestrian, and bike traffic. August 2, 2000 City Council Meeting Minutes Page 2 Jim Benshoof, Benshoof & Associates, did the traffic study and gave a brief report on the results of that study. Steve Stadler said that South Hopkins has several traffic issues. Some will be lessened by closing 6t" Ave S, especially through traffic. Mr. Stadler said that he will be meeting with residents to look at ways to resolve some of the problems, but it is a separate issue. Jerre Miller, City Attorney, explained the Vacation process and requirements. Several residents came forward to express concerns about closing 6th Ave S, the 1 1 to Ave access to SuperValu, the intersection of 10th Ave S/6th St S, traffic patterns through South Hopkins, emergency response times, bus accessibility and environmental issues. Council Member Brausen asked about bus routes. Staff answered that there were no busses on 6th St S. Service would not be affected, but some users could have a longer walk to transit stops. Council Member Johnson asked if an environmental study was required and what would determine the need for one. Staff said an environmental study was not required. The size of the project determines the need for a study. Council Member Jensen asked Mr. Mielke to give a brief history of the project. Mr. Mielke explained that several years ago, when SuperValu was first looking at expansion, the campus concept was looked at because it could separate the industrial use from residents in the area. The project was looked at with the idea that the industrial use could be contained and isolated from residential uses. 6th Street elevations were reviewed and discussed. Council Member Hesch said that when SuperValu built the warehouse, the City required them to put in 2~d St with the knowledge that 6th St would be vacated. Council discussed traffic issues through the area. Council Members discussed the intersection of 10t`' Ave/6t'' St S. Council Member Brausen moved and Council Member Hesch seconded a motion to adopt Resolution 2000-49 approving Ordinance 2000-842, providing for the vacation of 6th Ave S 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. August 2, 2000 City Council Meeting Minutes Page 3 2. Approval of CUP, re: SuperValu Perishable Warehouse (CR2000-127) Nancy Anderson said that SuperValu is proposing a 121,225 square-foot addition to the existing perishable building at 715 5th St S. Sher Azizi, SuperValu, presented the building plans. The addition will be accomplished in two phases; the first phase at 89,000 square-feet, the second at 32,000 square-feet. Noise assessment studies were conducted by David Braslau Associates Inc. Mr. Braslau said that the extension of the noise wall along with noise repressors being installed on the trucks will bring the noise level to an acceptable level. The Council discussed means to measure the sound levels. Steve Stadler, Public Works Director, presented several options for changing the 10tH Ave/6th St intersection. Residents had chosen option C which would require the taking of two commercial lots south of SuperValu. Neither SuperValu nor the City was willing to fund the taking. The Council discussed the possibility of the future purchase of the two businesses by SuperValu. If that occurs, could SuperValu be required to make the changes to 6th St at that time? Ms. McGlinch said that SuperValu did not want to make an expenditure twice for the same intersection and could not commit to any future expenditures on the intersection. Staff stated that a development agreement will be brought to the Council for approval at a later date, and the intersection will be addressed in that agreement. The Council discussed the options and decided that they and the neighborhood need more information to decide the best way to change the intersection. Staff will schedule meetings with the neighborhood and bring the intersection information back to the Council. At the Zoning and Planning Meeting, a public hearing was held. Neighboring residents expressed concerns. The Commission voted 3 - 2 with two abstentions to recommend the CUP. A strong interest was expressed by the nearby neighbors regarding the need to reconstruct the intersection of 10th Ave S and 5th/6th St S. Council Member Johnson moved and Council Member Jensen seconded a motion to approve Resolution 2000-50, approving a conditional use permit to construct 121,225 square-foot addition to the perishable site with the following three changes to the resolution. August 2, 2000 City Council Meeting Minutes Page 4 1. Condition 20 will be changed to read as follows: That if the applicant or subsequent property owner acquire the commercial properties on the west side of the site, the applicant or subsequent property owner will submit and install a landscaping and screening plan along the south property line of a similar quality and design as the current proposed design, to be approved by staff. 2. Condition 8, first item, will be changed to read as follows: Reconstruction of 10th Ave and 6th St intersection as determined by the City Council, with the understanding that SuperValu would not be required to acquire the west side businesses. 3. The addition of number 21 as follows: That continued noise compliance checks be required at least annually for a period of five years at the applicant's cost. 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. Mayor Maxwell called a break at 1 1:15 p.m. The Council resumed at 1 1:25 p.m. 3. Approval of Height Variance, re: SuperValu Perishable Warehouse (CR2000- 128) Nancy Anderson said that along with the project, SuperValu is requesting a variance of nine feet, six inches from the maximum height of 35 feet. The expansion area will be built at the same elevation as the existing facility. The Zoning and Planning Commission voted 5-0 with two abstentions to recommend approval. Council Member Hesch moved and Council Member Brausen seconded a motion to adopt Resolution 2000-51, approving anine-foot, six-inch height variance for the new addition on the perishable site. 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. 4. Approval of Preliminary Plat, re: SuperValu Perishable Warehouse (CR2000- 129) Nancy Anderson said that the construction of the addition to the SuperValu perishable building will require the combination of the old Country Club warehouse site and the SuperValu perishable site. The building code will not allow a lot line going through a building. The Zoning and Planning Commission voted 6-0 with one abstention to recommend approval. Council Member Johnson moved and Council Member Jensen seconded a motion to adopt Resolution 2000-52, approving a preliminary plat for the SuperValu perishable August 2, 2000 City Council Meeting Minutes Page 5 site. 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. 5. Variance From Platting Requirements, re: Irregular Lot/Semper Development (CR2000-130) Nancy Anderson said that Semper Development is proposing to construct a Walgreen's on the northeast corner of Highway 7 and County Road 73. The Walgreens and the Hopkins House will be platted to their own lots. Because the site is divided into many irregular-shaped lots, the lot that the applicant has to work with (Walgreen's lot) will have more than six sides. The Subdivision Ordinance requires a maximum of six sides. Ms. Anderson said that the subject site is unique because the applicant is trying to combine several odd shaped lots and is also hampered by the existing lots that are not under control of the applicant. The Zoning and Planning Commission voted unanimously to recommend the combination. Council Member Brausen moved and Council Member Jensen seconded a motion to adopt Resolution 2000-53, approving a variance for an irregular-shaped lot. 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. 6. Approval of Preliminary Plat, re: Semper Development/Walgreens (CR2000- 131) With the redevelopment, the Hopkins House site will need to be platted. The site is currently three lots. The former Union 76 gas station is on one lot, there is a triangular-shaped lot along Highway 7, and the Hopkins House is on a third lot. With the platting, the Hopkins House will be on one lot and Walgreens will be on one lot. The Zoning and Planning Commission unanimously recommended approval. Council Member Hesch moved and Council Member Johnson seconded a motion to adopt Resolution 2000-54, approving a preliminary plat at the Hopkins House site. 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. 7. Approval of CUP, re: Semper Development/Walgreens (CR2000-132) Semper Development is proposing to construct a Walgreens on the northeast corner of Highway 7 and Co Rd 73. Part of the Hopkins House will be removed, leaving the tower and 94 rooms; the former Union '76 station will be removed; the site will be replatted; the plat requires a variance for an irregular-shaped lot. The use complies August 2, 2000 City Council Meeting Minutes Page 6 with the Zoning ordinances and the Comprehensive Plan. The Zoning and Planning Commission unanimously recommended approval. John Kohler, Semper Development, and Amy Roberts, National Lodging, Hopkins House, presented an overview of the project. Walgreens will be a one-story structure with adrive-through. The Hopkins House will remove all but the tower and rooms. They will be a limited service hotel. The landscape plan will come to the Council for final approval. The frontage road will be removed and the area maintained by Walgreens Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 2000-55, approving of a conditional use permit to construct a Walgreens. 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. 8. Approval of CUP, re: Hopkins House (CR2000-133) The Hopkins House is proposing to demolish the west and south sides of the existing Hopkins House Hotel and leave the tower with a total of 94 rooms. The proposed development is in compliance with the Zoning Ordinances and the Comprehensive plan. The Zoning and Planning Commission unanimously recommended approval. Council Member Jensen moved and Council Member Brausen seconded a motion to adopt Resolution 2000-56, approving of a conditional use permit to raze part of the Hopkins House and refinish the exterior. 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. 9. Driveway Variance, 136 Homedale Rd (CR2000-134) Mayor Maxwell spoke with the applicant and because of the length of the agenda, the applicant asked to have this item continued to the next meeting. Council Member moved and Council Member seconded a motion to continue this item until the August 15th meeting. 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. August 2, 2000 City Council Meeting Minutes Page 7 10. Approve Final Design, Order Bids, US-Sank Parking Lot Construction (CR2000-139) Jim Gessele said that at its June 6th Meeting, the Council authorized the consulting firm of HKS Associates to undertake design for a new municipal parking lot in the 10 Block between 8th and 9th Aves N. The proposed lot is located adjacent to the Hopkins Health Clinic Inc. and is bounded by 9th Ave on the West, the HCRRA trail on the North and an alley on the East. Mr. Gessele reviewed the scope of the project. The engineer's estimate of the cost of the project is $128,958.50. A storm sewer upgrade in 9th Ave N is also being considered along with the project. A total of $6,900 of the above cost is attributed to the upgrade. The $6,900 will come from the storm sewer fund. The project amount of $122,103 will be funded by US Bank through aten-year term special assessment. The Council requested that staff look into the options for screening the lot from the residents on 15t St N. Council Member Brausen moved and Council Member Jensen seconded a motion to approve plans as submitted by HKS Associates for the construction of Municipal Parking Lot 750 and order bids to be taken. 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. 1 1 . Approve Final Design, Hennepin Parks Trailhead Improvements (CR2000- 136) In August of 1999, Suburban Hennepin Regional Park District indicated an interest in providing trailhead amenities at the Depot Coffee House site and committed to funding. Hennepin Parks is now requesting the Council's review and approval of the plans. Mr. Gessele reviewed the scope of the project. The estimated cost of the project is $125,000. The Council asked staff to sent a copy of the plan to the Park Board for review. The Council also directed staff to discuss with the District about moving the trail connection to the east to allow more parking closer to the Depot. Steve Stadler said that he thought that would be better and will discuss it with the District. Council Member Jensen moved and Council Member Brausen seconded a motion to approve final Hennepin Parks' plans for trailhead improvements at the Depot Coffee House. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Hesch, abstain; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. August 2, 2000 City Council Meeting Minutes Page 8 12. Approve Change Order, Year 2000 Alley Improvements (CR2000-135) Jim Gessele said that alley grades needed to be lowered in the 100 block of 17th and 18th Aves N. This attributed to $8,700 of the total change order of $10,964.25. Staff recommended that $8,700 is funded by the storm sewer fund and that the remaining amount of $2, 264 be absorbed in the project costs subject to special assessment. Council Member Jensen moved and Council Member Johnson seconded a motion to approve Change Order Number 1 as it pertains to contract work on the 2000 alley improvements, Project 00-02. 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. VIII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 1 2:38 p.m. Respectively Submitted, Terry O aier, City Clerk ATTEST: G~Y~v Eugene J. axwell, Mayor August 2, 2000 City Council Meeting Minutes Page 9