07-06-04A regular meeting of the Hopkins City Council was held on July 6, 2004, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Thompson, Johnson,
and Rowan. Also, present were staff members Genellie, Stadler, Anderson, Olson,
and City Attorney Jerry Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:35 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none
III. PRESENTATION
1. Raspberry Festival Buttons
Dale Specken and Jim Thompson, Co-executive Directors of the Raspberry Festival
gave raspberry buttons to the Council Members and staff. Dale Specken reviewed
some of the events that would take place during the Festival this year. The Festival
will run from July 8th through July 18tH
IV. REPORTS -COMMITTEES/COMMISSIONS
1. Zoning and Planning Commission
Mary Hatcher reported for the Zoning and Planning Commission. The Commission
met on June 29th. They held public hearings on the CUP for the Dairy Queen Grill
and Chill and the Oakridge Country Club. They discussed traffic issues for the Dairy
Queen. The Commission recommended approval of both CUPs. The Commission
reviewed the Site Plan Review Ordinance and had no further comments on it. They
reviewed front-yard set backs of 30 feet for Interlachen and 25 feet in town. They
agreed that the current set backs are appropriate.
V. CONSENT AGENDA
1. Minutes of June 15, 2004 City Council Meeting
2. Minutes of June 22, 2004 City Council Work Session
3. Minutes of June 29, 2004 City Council Work Session
4. Ratify Prior Month's Disbursements
5. Miscellaneous License Applications
6. Appointment to Chemical Health Commission -Bob Cavan (Memo)
July 6, 2004 City Council Meeting Minutes Page 1
7. Approve Sub-recipient Agreement with Luther Companies-Met Council Grant
(CR2004-104
8. Approve Contract, Met Council Tax Base Revitalization Account (CR2004-
105)
9. Renew CUP for Metro Water (Memo)
10.Resolution Approving Hennepin County Mutual Aid Agreement (CR2004-
102)
1 1.Schedule a closed meeting to discuss labor negotiations (memo)
Council Member Brausen moved and Council Member Thompson seconded a motion
to approve the Consent Agenda. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. OLD BUSINESS
1. Hopkins Pavilion Addition Revised Agreements (CR2004-109)
The revisions clarify the responsibilities and procedures for dealing with the discovery
of contamination in the process of building the addition. Section 31 was added to
state that the City has the right to direct stoppage or terminate the improvement if
hazardous substances are found and that the City is responsible for clean-up. Section
18 was added to clarify the procedures to be used if hazardous materials are found.
Staff stated that they have reviewed the soil borings from the area and do not feel
that they will run into contaminated materials.
Council Member Brausen moved and Council Member Johnson seconded a motion to
approve revisions to the Ground Lease Agreement and Construction Disbursing
Agreement with Hopkins Youth Hockey Association for the construction of an
addition to the Hopkins Pavilion. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VII. NEW BUSINESS
1. First Reading, Ordinance Amending Truth-in-Housing Evaluator's
Requirements (CR2004-103)
A statewide test for housing evaluators does not exist. The City of Hopkins accepts
evaluators who have shown competency by passing tests given by either the City of
Minneapolis or the City of St. Paul and maintaining their educational requirements.
The wait to take the test in the two cities is at times two or more years. Staff has
received requests from several evaluators to accept the evaluators that have passed
July 6, 2004 City Council Meeting Minutes Page 2
Bloomington's test. Ordinance 2004-926 would allow those evaluators to do
evaluations in Hopkins.
The ordinance that is currently in effect required the evaluators to have a license from
another city. It does not require them to maintain licensure. Ordinance 2004-926
would require them to maintain their license in the other cities.
Council Member Thompson asked how staff would follow-up on discovering revoked
licenses. Mr. Genellie said that he would bring that information to the Council with
the second reading.
Council Member Rowan moved and Council Member Brausen seconded a motion to
adopt Ordinance 2004-926, which amends City Ordinance Section 407.05, changing
the requirements of Truth-in-Housing evaluators. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Thompson, aye; Council Member
Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
2. CUP for Oakridge Country Club (CR2004-108)
Oakridge Country Club is proposing to remove the existing clubhouse and construct a
new one. The new clubhouse will be constructed in approximately the same location
as the existing. The Club will also correct drainage problems in the parking lot. A
new pool, basketball court and playground will also be constructed. The Zoning and
Planning Commission recommended approval.
Steve Wolford, Ankeny Kell Architects, reviewed the plans and elevations and
answered questions. Mr. Wolford stated that they would be removing the
nonconforming use, correct drainage by installing three catch basins and enlarging
ponds, and increase safety by removing the cart barn.
A discussion of HVAC, total square footage of 44,000 square feet, driveway, parking
lot, landscaping, log house, and start date of September 1St
Council Member Thompson moved and Council Member Brausen seconded a motion
to adopt Resolution 2004-50, approving a conditional use permit to construct a new
clubhouse for Oakridge Country Club at 700 Oakridge Rd. A poll of the vote was as
follows: Council Member Brausen, aye; Council Member Thompson, aye; Council
Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The
motion carried unanimously.
July 6, 2004 City Council Meeting Minutes Page 3
3. CUP for Dairy Queen (CR2004-107)
Dairy Queen is proposing a Grill and Chill Dairy Queen at the site of the former
Wendys at 510 Blake Rd. The proposed building will have 78 seats, adrive-thru, and
an outdoor seating area. The existing building will be removed. The Zoning and
Planning Commission recommended approval.
Jim Benshoof, Benshoof and associates came forward to discuss the traffic report
and existing traffic problems as well as the possible solution for the problems. The
existing traffic issues need to be resolved to the satisfaction of staff before permits
can be issued.
John Donnly, Frauenshuh Companies, came forward. Frauenshuh Companies will be
the owners of the Dairy Queen Grill and Chill. Mr. Donnly stated that the traffic
problem is for very short durations and not every day.
Nick Sperides, architect for the project reviewed the plans and elevations and
answered questions.
A discussion of the drive through, landscaping, HVAC, hours of operation, and start
and open dates followed.
Council and staff discussed the traffic issues. Council Member Thompson suggested
a continuance of the item. Council Member Rowan stated that staff could deal with
the issues. The CUP will not be issued until staff is assured that the traffic issues are
fixed.
Council Member Johnson moved and Council Member Rowan seconded a motion to
adopt Resolution 2004-49, approving the conditional use permit to construct a Dairy
Queen Grill and Chill at 510 Blake Rd. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye;
Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
4. Order Public Hearing on Charter Amendment for Board of Equalization
(CR2004-106)
The Charter Commission met on April 27, 2004 and on June 22, 2004, and voted to
recommend adoption of Ordinance 2004-925. For budget reasons, the Council has
recently decided to transfer the Board of Equalization to the County. Currently, the
Charter states, "The Council shall constitute the Board of Equalization." New
language would change that to "Unless the City Council provides otherwise as
permitted by law, the Council shall constitute the Board of Equalization". Mr. Genellie
reviewed the process for changing the charter.
July 6, 2004 City Council Meeting Minutes Page 4
Council Member Rowan moved and Council Member Brausen seconded a motion to
approve Resolution 2404-044, accepting Ordinance 2004-925, ordering its
publication and setting a public hearing for August 4, 2004. A poll of the vote was
as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council
Member Rowan, 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 9:20 p.m.
Respectfully Submi d,
Te ry O maier, City Clerk
ATTEST:
Eugene J. ax II, Mayor
July 6, 2004 City Council Meeting Minutes Page 5
COUNCInL MEMBERS
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