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07-07-98A regular meeting of the Hopkins City Council was held on July 7, 1998, in the Council Chambers of the Hopkins City Hall. Present were Mayor Redepenning and Council Members Maxwell, Jensen, Hesch, and Johnson. Also present were staff members Mielke, Genellie, Stadler, Anderson, Hartshorn, Gessele, and City Attorney Jerre Miller. I. CALL TO ORDER Mayor Redepenning called the meeting to order at 7:45 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. CONSENT AGENDA 1. June 16, 1998 Regular City Council Meeting Minutes 2. Miscellaneous Licenses 3. Disbursements, Prelist 1041 4. Approve Appointment to Human Rights Commission, Darrin Heft (Memo) 5. Award Bid, Sidewalk Repair Project (CR98-102) 6. License Agreement, Hennepin County Proprietary Data Base (CR98-101) 7. Award Bid, Interlachan Strest Improvements (CR98-114) Council Member Johnson moved and Council Member Maxwell seconded a motion to approve the Consent agenda. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion t=arried unanimously. IV. PUBLIC HEARING 1. Charter Ordinance Amendments (CR98-105) Jim Genellie told the Council that at its June 2"~ meeting, a public hearing was ordered for the proposed changes to the City Charter. Mr. Genellie reviewed the changes and procedures for making changes to the Charter and said that the Finance Director would prepare language for a policy and procedures to ensure Council's continued oversight of bill payments in the absence of a prelist. Mayor Redepenning opened the public hearing at 8:53 p.m. No one came forward. Council Member Maxwell moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:54 p.m. July 7, 1998 City Coundl Ms tiny Minubs Pape 1 -- ~ --~. Council Member Johnson moved and Council Member Hesch seconded a motion to adopt Ordinance 98-812 for first reading. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 2. Capital Improvements Plan (Memo) Steve Mielke told the Council that every year the City prepares afive-year Capital Improvements Plan for the planning of major expenditures. The plan includes improvements to the major utilities within the City, roadway projects, park and building improvements. Mr. Mielke said the CIP is a planning document and inclusion of"the projects in the plan is not a guarantee that the project will proceed. Mr. Mielke highlighted some of the projects. Mayor Redepenning opened the public hearing at 8:07 p.m. No one came forward. Council Member Jensen moved and Council Member Johnson seconded a motion to close the public hearing. The hearing was closed at 8:08 p.m. by unanimous consent. No further action was taken at this time. V. NEW BUSINESS 1. Approve CUP for Benshoof/Braver (CR98-109) Nancy Anderson told the Council that the applicants, Jim Benshoof, George Watson and Jeff Schoenbauer, are proposing to construct a 5500 square foot building on the property owned by the City along County Road 3. Mr. Benshoof will purchase the lot and the building will be used for office space. Ms. Anderson said they will be applying for a variance to park in the front setback. The plan is in compliance with the zoning ordinance and comprehensive plan. The plan has been reviewed by and approved by the Planning Commission. Council Member Johnson asked if the plans had been reviewed by the Public Works Department. Mr. Stadler answered that they had not, and that granting the CUP should be contingent on Public Works approval of the plans. George Watson reviewed the landscape plans and answered questions. July 7, 1998 City Council Meeting Minutes Page 2 Council Member Hesch moved and Council Member Jensen seconded a motion to adopt Resolution 98-43, approving a conditional use permit to construct an office building. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 2. Approve Variance for Benshoof/Brauer (CR98-1 10) Nancy Anderson said that the applicants are requesting a variance for parking within the 20-foot setback area. The applicants and the lot are the same as in item 1. The proposed development complies with the Zoning Ordinance and Comprehensive Plan. Ms. Anderson said the hardship is the narrow shape of the lot plus several easements. The current plan minimizes the variance requirement by having the parking only in the front yard setback. The Planning Commission approved the variance. Council Member Jensen moved and Council Member Johnson seconded a motion to adopt Resolution 98-44, approving a variance to park in the front yard setback. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 3. Approve preliminary/final plat, Benshoof/Brauer (CR98-1 1 1) Ms. Anderson said that the same applicants as in the previous two items are requesting approval of preliminary/final plat. The property will be purchased from the City/HRA. The plat will be two lots and one outlot. The water tower site will be Lot 2, the Benshoof property will be Lot 1 and the remaining City property will be an outlot. The plat meets the subdivision requirements and was approved by the Planning Commission. Council Member Johnson moved and Council Member Hesch seconded a motion to adopt Resolution 98-45, approving apreliminary/final plat. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 4. CUP SuperValu (CR98-106) Nancy Anderson said that the applicant, SuperValu, is proposing to redevelop the Hennepin County Public Works site at 320 Washington Avenue South. The zoning of the property is industrial and the Comprehensive Plan designates the property as Business Park and medium density residential. The proposed use complies with the industrial designation. Staff will present a comprehensive plan change. The Zoning and Planning Commission recommended approval of the conditional use permit. Ms. Anderson reviewed the plans and requirements with the Council. July 7, 1998 City Council Meeting Minutes Page 3 Deb Carlson of SuperValu reviewed the site plans. Greg Kopischke and Sher Azizi of SuperValu reviewed landscape and drainage plans. Mr. Kopischke and Mr. Azizi also reviewed the screening and site lines to the visible portion of the top of the building. A discussion of the height of the fence and screening in relation to the height of the building followed. Council Member Hesch said that she understood the concern to be the construction of the fence and not the height. Ms. Carlson said that they would agree to design the fence to meet the requirements of the City. Mr. Azizi brought up the issue of lighting, saying that the plan was showing forty-foot flood-lights tilting to between forty and seventy degrees. Mr. Azizi asked that City staff set a standard for the lights and assured Council that they would design the lights to that standard. The issue of garbage location and service was discussed. Mr. Azizi said he would investigate the possibility of moving the area to the north side of the site. Several people from the Park Valley neighborhood spoke about their concerns. The issues were the height of the building and the fact that the neighborhood did not know that a variance was required for the height and how the trail would be constructed and if it would connect to the regional trail system. Rick Brausen, chair of the Zoning and Planning Commission, said that the concern of the planning Commission relating to the fence was that there would be enough horizontal members to maintain the structure. He further stated that the object was not to achieve total blockage of the building, but to achieve blockage of the truck traffic. Mr. Brausen also stated that the lighting shown in the plans was a concern and that they would prefer to have the lighting standard prevent spillage beyond the fence. Mr. Mielke recapped the concerns and stated that Resolution 98-43 as presented should be amended as follows: 11 Change the end of condition seven to include "as per standards". 2- Add condition 14, stating that the garbage area is to be moved, if possible, to the north side of the site and if not possible, noise standards are to be met. 3) Add condition 15, stating that in addition to the proposed trail improvements, SuperValu agrees to construct from 5th Street South along 6th Avenue on the east side, a trail route to the intersection of 5th and 3'd Street if deemed appropriate by the Park Board. ~• Mr. Mielke also stated that the Park Board also look at and recommend ways to connect this trail to the Regional Trail. July 7, 1998 City Council Meeting Minutes Page 4 ~. ~. ~, Council Member Jensen stressed that the trail is temporary. When SuperValu completes the second phase or expands, the trail will be removed. Council Member moved and Council Member seconded a motion to adopt Resolution 98-40, approving a conditional use permit to construct a 489,410 square-foot building on the former Hennepin County site with a total of fifteen conditions. A poll of the vote was as follows: Council Member Maxwell, -aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 5. Variance SuperValu (CR98-107) Nancy Anderson said that SuperValu is also applying for a height variance for the proposed building. The Zoning Ordinance allows a maximum height of 35 feet. The applicant is proposing to construct a 47.5-foot high building. The hardship sited is the amount of right-of-way frontage. The applicant has minimized the impact on the residential area by having a berm and a fence along 5th Street. Ms. Anderson said that the only portion of the building that will be visible to the residential area is the top one-half of the building. The Zoning and Planning Commission recommended approval. Council Member Hesch moved and Council Member Johnson seconded a motion to adopt Resolution 98-41, approving a variance to allow a maximum height of 47.5 feet for the proposed SuperValu warehouse. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 6. Approve Comprehensive Plan Change, Hennepin County Public Works Property (CR98-108) Nancy Anderson said that the Hennepin County Public Works site is currently designated Business Park and Medium Density Residential in the Comprehensive Plan. The southwest part of the site is designated Medium Density Residential and the majority of the site is designated industrial. In order for the SuperValu project to proceed the Comprehensive Plan needs to be amended. The proposed designation is Industrial. The Zoning and Planning Commission recommended approval of the amendment. Council Member Jensen moved and Council Member Johnson seconded a motion to adopt Resolution 98-42, approving a Comprehensive Plan amendment for the Hennepin County Public Works site. A poll of the vote was as follows: Council • Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. July 7, 1998 City Council Meeting Minutes Page 5 Mayor Redepenning called a short break at 9:55 and resumed at 10:05. 7. Concept review, Beard Group, re: Stiele property (CR98-1 13) Nancy Anderson said that the applicant is requesting concept review and action tonight is not required. The development is proposed on the vacant lot west of 10889 Excelsior Boulevard and is 5.6 acres. Three buildings are proposed, a 10,000 square-foot bank with a drive through, a 40;32b square-foot office-warehouse building grid an 18,816 square-foot office-warehouse building. The proposed uses comply with both the Zoning ordinance and the Comprehensive Plan. Ms. Anderson said that an application for TIF financial assistance will be brought to the Council on July 21. Mayor Redepenning asked if a bank was considered office space or retail and if it was an allowable use in an Industrial Zone. Ms. Anderson said it is considered retail and you could have twenty-five percent retail in an Industrial Zone. Bill Beard and Paul Gamst of the Beard Group appeared. Mr. Beard reviewed the concept plans and traffic patterns. Mr. Beard said that they would return to request TIF aid for the difference in the cost between normal footings and piling footings. He said the piling footings are necessary because of the condition of the soils. No Action was taken. 8. Change Order, Engineering Services Project (CR98-1 15) Steve Stadler reviewed the history of the project. Mr. Stadler said the additional fee is based on having to provide additional design services, specifically dealing with roof drains and sump pump discharge from the U.S. West building along the added parking spaces and the administrative time involved in the rebidding process. Mr. Stadler said that engineering services are 17% of the construction and that is within the acceptable limits. Council Member Hesch moved and Council Member Jensen seconded a motion to approve an increase in the engineering services budget as it relates to Alley Project 97-16. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. 9. Second Reading Ordinance Change, Council Wage Adjustment (CR98-104) Steve Mielke said that salaries of the Hopkins City Council have not been increased since 1989. A study comparing the salaries of the Hopkins City Council with the Councils of similar cities shows that the salaries received by the Hopkins City Council are below those of similar cities. July 7, 199$ City Council Meeting Minutes Page ti Mayor Redepenning moved and Council Member Jensen seconded a motion to continue this item to a future work session and to be placed on a regular City Council Meeting agenda at a later date and directed staff to research the ability to schedule future salary increases. A poll of the vote was as follows: Council Member Maxwell, aye; Council Member Jensen, aye; Council Member Hesch, aye; Council Member Johnson, aye; Mayor Redepenning, aye. The motion carried unanimously. • V. REPORTS -COMMITTEES/COMMISSIONS Council Member Johnson said that the Chemical Health Commission met and discussed the up coming second liquor compliance checks. Ms. Johnson said that the Commission will propose penalties for noncompliance to the Council in August. VI. ADJOURNMENT There being no further business, Council Member Maxwell moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:52 p.m. Respectively Subm Terry Obet)~aier, City Clerk ATTE J Charles D. Redepenning, Mayor July 7, 1998 City Council Meeting Minutes Page 7 COUNCIL MEMBERS