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07-16-02A regular meeting of the Hopkins City Council was held on July 16, 2002, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and Rowan. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Bot, Anderson, Yager, Elverum, and City Attorney Jerre Miller. 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 There vvere none. IV. CONSENT AGENDA 1. Minutes of July 2, 2002 City Council Meeting 2. Minutes of July 9, 2002 City Council Work Session 3. Livable Communities Demonstration Account Application (CR2002-122) 4. Web Site Link Policy (CR2002-123) 5. Authorize Final Payment, 2001 Street and Utility Improvement Project (CR2002-121) Council Member Johnson asked if we have links to other sites, would they be monitored to make sure that they are updated and if not, could the links be removed? Also, some sites are not necessarily religious or political, but have content that is. Would link sites be monitored or removed for that? Steve Mielke said that language would be added for those situations. Council Member Rowan said that it was unclear to him what "Market or sell a particular product or service" means. Mr. Mielke said that language would be changed to clarify that. Mayor Maxwell asked who would be in charge of the gas line, in the Marketplace Lofts project. Ms. Elverum answered that the developer will be in charge of all the utilities except the gas lines and the storm sewer. The HRA is responsible for those items up to $80,000. After that amount the developer is responsible. July 16 City Council Meeting Minutes Page 1 Council Member Rowan asked if the Consent Agenda would be approved with the web site policy included. Mr. Mielke answered that staff's preference is to leave it in. Staff will rewrite portions of the policy and bring the policy back to the Council to be reviewed. Council Member Rowan 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 Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. V. NEW BUSINESS 1. PUD Agreement, Mainstreet Lofts Project (CR2002-120) As part of the overlay zoning to PUD for the construction of the Marketplace Lofts development, Mainstreet Lofts, LLC, is required to sign a PUD agreement. The agreement outlines the specifics of the project and the timetable for the project. Jerry Steiner, City Attorney, has reviewed the agreement and has found it acceptable. Nancy Anderson reviewed the conditions set forth in the agreement. Mayor Maxwell asked if there is anything about the association in the agreement. Staff responded that that will be in the Development agreement. Council Member Johnson moved and Council Member Brausen seconded a motion to approve the planned unit development (PUD) agreement to construct 47 condominiums and approximately 15,000 square feet of retail space for the Marketplace Lofts development on Mainstreet. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. PUD Agreement, Regency Project (CR2002-1 15) As part of the overlay zoning to PUD for the construction of the Regency development, The Beard Group is required to sign a PUD agreement. The agreement outlines the specifics of the project and the timetable for the project. Jerry Steiner, City Attorney, has reviewed the agreement and has found it acceptable. Nancy Anderson reviewed the conditions set forth in the agreement. An additional agreement was agreed upon between the developer and staff earlier in the day that will be incorporated into the agreement. The infrastructure improvements will be completed block by block from east to west. July 16 City Council Meeting Minutes Page 2 Council Member Rowan moved and Council Member Jensen seconded a motion to approve the planned unit development (PUD) agreement to construct 38 carriage homes and 28 single-family homes for the Regency development and refer the document to the City Attorney to include any extra language that is necessary to add items that staff outlined. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 3. CUP, Metro Water Conditioning, Inc. (CR2002-1 14) Metro Water Conditioning, Inc. has applied for a conditional use permit to construct a building to be used as office/warehouse. The building will be constructed on two lots that were the former site of a car storage lot. The applicant has applied for a preliminary/final plat to combine the lots because the building cannot be constructed over a lot line. The use is in compliance with the Zoning Ordinance and the Comprehensive Plan. The Zoning and Planning Commission expressed a concern about the turning radius of large trucks to access the back of the building where the loading dock is located. They added a condition to the original recommendation. The added condition required that a study of the area and the turning radius be made and submitted. If the study indicated that the turning radius would work, the Commission recommended approval. Benshoof and Associates did a traffic study. The study showed difficulty, but not impossibility. Two additional conditions are the result of the study. Those conditions are 1) If a truck cannot enter the alley from the north due to vehicles parked on 6t`' St, trucks should back next to the proposed building via the access on 12`h Avenue. The radius in the northwest corner of the 12t" Ave access intersection should be increased to 25 - 30 feet in order to help facilitate this movement. If backed in from this direction, trucks should not try to access the loading dock and would be unloaded while parked next to the building; and 2) trucks do not try to back into the alley from 7th St. This requires the driver to maneuver in reverse over a long distance which is unsafe. Scott Downey, the applicant, Bill Bretzke, Project Manager, and Colin Evenson, CRE Associates, project architect, came forward. Mr. Downey made a video of a 65-foot truck backing into the area where the loading dock would be located. The Council viewed the video. Mr. Downey stated that he expected approximately twenty trucks per year. The alley currently accommodates between 500 and 1,000 trucks per year. Mr. Evenson described the building and materials that would be used. July 16 City Council Meeting Minutes Page 3 In response to Council Member Johnson's question, Mr. Downey said that the permits have been received from the Nine-mile Creek Watershed District. Darrell and Janet Seward came forward and said that they were in favor of the building, but had concerns about trucks backing to the loading dock in such close proximity to their building and said that the survey for the project is not correct. Mr. Bretzke stated that the survey issue would have to be reconciled before the plat could be filed. Mr. Mielke said that a condition could be added to the approval stating that the issue of the survey be resolved to the satisfaction of the City Attorney and the Building Inspection Department before a permit is issued. Mark Anderson, attorney for the Finke family came forward. He outlined five conditions that the Finke family would like to have added to the conditional use permit. City Attorney asked him to put the conditions in writing and send them to Nancy Anderson. Mr. Bretzke said that the drainage issues are being addressed and explained how those issues will be dealt with. He asked if all the businesses would be held to the same standards in using the alley. Mayor Maxwell answered that they would. Rachel, Twin City Catering, said that she is not opposed to the building, but is concerned that trucks accessing the loading dock will hit her building. Dan Damshun, owner of the building across the alley, said that in the past, there have been more trucks in the alley than there are now. Mr. Damshun said that Scott has done four times the work he should have had to do to get this building up. It will be an improvement in the neighborhood. They have taken care of all of our concerns. Mr. Evenson addressed the six issues that Mr. Anderson brought up. Mr. Mielke said that the item couldn't be continued unless the applicant agrees to a continuance. Council Member Jensen said that the applicant made all the compromises and answered all the neighborhood issues. Council Member Johnson said that the survey has to be resolved. Council Member Rowan said that parking in the alley is not an issue because the trucks will use the parking lot. Council Member Brausen said that there are all kinds of rules and regulations to address the other issues that have been brought up. The survey has to be reconciled. July 16 City Council Meeting Minutes Page 4 Mr. Mielke said that the CUP could be approved with an additional condition. The condition would be "prior to the issuance of the building permit, the developer shall provide an accurate survey and staking of the property which is found acceptable to the City Attorney and Building Official". Ms. Anderson said that there are two additional conditions that she reviewed earlier. Council Member Jensen moved and Council Member Rowan seconded a motion to adopt Resolution 02-67, approving a conditional use permit to construct a building on 12th Ave S with the addition of condition seven as mentioned by Mr. Mielke and the two conditions set forth by Benshoof. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, nay. The motion carried. 4. Preliminary/final Plat and CUP, Metro Water Conditioning, Inc. (CR2002- 113) Metro Water Conditioning, Inc. is proposing to construct a building on two vacant lots on 12th Ave S. The building will be used for an office/warehouse. In order for the applicants to construct the building, the lots will have to be combined. The final lot will be 100 feet by 130 feet. The proposed plat meets the subdivision requirements. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 02-66, approving apreliminary/final plat for the lots on 12th Ave S. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, nay. The motion carried. 5. Approve Selection and Authorize Signatures Professional Services Agreements (CR2002-124) Staff has completed the selection process for hiring consultant firms to provide architectural and construction management services for the city facility improvement project. Thirteen companies responded to the City's Request for Proposal. The proposals were reviewed and the top four architectural and construction management companies chosen for interviews. The two top from each category were chosen for a second interview. Kraus-Anderson Construction Company, Midwest Division was chosen for construction management services. Collaborative Design Group, Inc. was chosen for architectural/engineering services. Collaborative Design Group, Inc. proposed fees are 5719,550. The Kraus-Anderson proposed fees are 5441 ,000. Representatives of both companies appeared for questions. July 16 City Council Meeting Minutes Page 5 Council Member Jensen moved and Council Member Rowan seconded a motion to approve staff selection of Architectural and Construction Management firms to provide professional services for the Fire, Police and Public Works Department's facility improvement project and authorize the Mayor and City Manager to execute professional services agreements. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 6. 2001 Year End Financial Presentation (Memo) Lori Yager presented the 2001 Comprehensive Annual Financial Report with a slide presentation. Ms. Yager introduced Chris Amdahl, KPMG. Mr. Amdahl reviewed and explained the 2001 Audit report. The financial state of the City is good and there were no irregularities in the audit report. No Action was taken. 7. Adoption of the 2003-2007 Capital Improvements Plan (CR2002-1 19) Lori Yager presented the 2003-2007 CIP. Ms. Yager explained that this is a planning tool. Projects are approved as part of the budget process with final approval of plans and design at the Council Meetings. The plan is used for long range Capital Planning. Council Member Jensen moved and Council Member Brausen seconded a motion to adopt the 2003-2007 Capital Improvements Plan. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 8. Agreement with Hennepin County for Remnant Parcels, Excelsior Blvd. Reconstruction (CR2002-125) The City Council approved a construction cooperative agreement between the City of Hopkins and Hennepin County on July 2, 2002. At that ~tirr~e, Council instructed staff to work with the County to resolve the last issue. That issue was the value of and payment for remnant property parcels along the south side of Excelsior Blvd between Monroe Ave and the Blake School property. The County appraised the value of that land at $213,000. Staff has negotiated that amount to S 167,874. The County will continue to negotiate with Blake School and may use a portion of the parcels as mitigation land. Council Member Brausen moved and Council Member Rowan seconded a motion to approve a settlement with Hennepin County in the amount of $167,874 for City purchase of remnant property parcels along the south side of Excelsior Blvd between July 16 City Council Meeting Minutes Page 6 Monroe Avenue and Harrison Aves. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Johnson moved and Council Member Jensen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:42 p.m. Respectively Subm erry Ob~/naier, City Clerk ATTEST: Eugen .Maxwell, Mayor July 16 City Council Meeting Minutes Page 7 COUNCIL MEMBERS