11-07-06A regular meeting of the Hopkins City Council was held on November 7, 2006, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Thompson, Rowan, and Halverson.
Also, present were staff members Getschow, Genellie, Stadler, Kerrigan, Anderson,
Larson, Harkess, and City Attorney Jerry Steiner.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 8:30 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none.
III. OATH OF OFFICE
Chief Reid spoke of the importance of the public oath of office and the welcoming of n,ew
officers into the community. The Oath of Office was administered to Erik Husevold and
Lance Hartfiel.
The Oath of Office was administered to Gail Lewis-Miller and Tatyana Shapiro, new
members of the Human Rights Commission.
IV. PROCLAMATION
Mayor Maxwell read a proclamation, proclaiming November 1 1-18 as Housing Awareness
Week.
V. REPORTS -COMMITTEES/COMMISSIONS
1 . Zoning and Planning Commission
The Commission held their meeting on October 24th. The Commission discussed three
items. The first item was a front yard variance for 830 Edgemoor Drive. The second
item was for aside-yard variance at 338 15th Ave N. The Commission recommended
approval of both items. The third item of discussion was a concept review for 8353
Excelsior Blvd. The Commission was not favorable toward a request for a rezoning from
residential (R-1~~) to commercial. The Commission also discussed the B-4 Zoning District.
A public hearing on proposed amendments to the ordinance will be held next month.
VI. CONSENT AGENDA
1. Minutes of October 17, 2006 City Council Meeting
2. Minutes of October 3, 2006 City Council Work Session
3. Minutes of October 1 7, 2006 City Council Work Session
November 7, 2006, City Council Meeting Minutes Page 1
4. Minutes of October 24, 2006 City Council Work Session
5. Ratify Prior Month's Disbursements
6. Appointments to Human Rights Commission
7. Second Reading, Ordinance 2006-975, regarding Nuisance Abatement (Memo)
8. Second Reading, Ordinance 2006-974 regarding CBD Snow Removal (CR2006-
126)
9. Met Council Remediation Environmental Grant Agreement (CR2006-128)
10.Approve Property for Tax Forfeited Land Sale (CR2006-122)
1 1 . NLC Out of State Travel (CR2006-121)
Mayor Maxwell asked about the changes to Item #7, Ordinance 2006-975. Merwyn
Larson, the City's Building Official, explained that the changes were prompted by the City
Attorney and concerned the role and duties of the Administrative Hearing Officer.
Council Member Rowan moved and Council Member Halverson seconded a motion to
approve the Consent Agenda as amended. A poll of the vote was as follows: Council
Member Thompson, aye; Council Member Rowan, aye; Council Member Halverson, aye;
Mayor Maxwell, aye. The motion carried unanimously.
VII. NEW BUSINESS
1 . Approve Variance, Front-Yard Setback, 830 Edgemoor Drive (CR2006-123)
The applicant, Dr. Arthur Horowitz is proposing to construct a small addition to his home
at 830 Edgemoor Dr. The lot is located on the corner of Edgemoor Dr and Cottage
Downs. The ordinance designates Cottage Downs as the front yard, however Dr
Horowitz considers his front yard to be on Edgemoor Drive. The address and front door
are not the same as designated by the ordinance. The ordinance requires a 35-foot front-
yard setback. Dr. Horowitz is requesting an 1 1-foot setback. The Zoning and Planning
Commission recommended approval.
Council Member Halverson moved and Council Member Rowan seconded a motion to
adopt Resolution 2006-72, approving an 1 1-foot front yard setback variance at 830
Edgemoor Dr., adding an additional finding of fact that the shape of north side of the lot
is unusual since Cottage Downs curves along the property. A poll of the vote was as
follows: Council Member Thompson, aye; Council Member Rowan, aye; Council Member
Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
2. Approve Side-Yard Setback Variance, 338 15t" Ave N (CR2006-124)
338 15t" Ave N consists of two 50-foot lots owned by one individual. There is an
existing home and garage on the southerly lot. The northerly lot is vacant. The applicant
wants to construct a home on the northerly lot. The Ordinance requires an 8-foot side-
yard setback. The existing home is 7'4" from the northerly lot line. The applicant is
requesting an eight-inch variance. The Zoning and Planning Commission recommended
approval. Applicant Dale Molderhauer came forward to explain the situation.
November 7, 2006, City Council Meeting Minutes Page 2
Council Member Thompson moved and Council Member Halverson seconded a motion to
adopt Resolution 2006-073, approving an eight-inch side-yard setback variance at 338
15t" Ave N. A poll of the vote was as follows: Council Member Thompson, aye; Council
Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye. The motion
carried unanimously.
3. Conditional Use Permit Moratorium, 1-2 District (CR2006-125)
The Metropolitan Council is requiring cities to update their Comprehensive Plan by 2008,
and the City is beginning that process. There are several large parcels of property in the
I-2 zoning district that have the potential for redevelopment in the next few years, and
many that abut residential areas. Because of the potential to impact the residential
district, staff is including the review of I-2 conditional use permits in the Comprehensive
Plan update. The conditional uses in the industrial districts have not been updated
recently. The Comprehensive Plan process gives the City a more global view of what the
City wants for a conditional use within the I-2 districts. The moratorium will be in place
for one year with the opportunity to extend for an additional six months. The Zoning and
Planning Commission will begin the review process at their November meeting.
Council Member Rowan moved and Council Member Thompson seconded a motion to
adopt Resolution 2006-074, placing a freeze on the approval or issuance of conditional
use permits within the I-2 district within the City of Hopkins until the effective date of
Ordinance 2006-976. A poll of the vote was as follows: Council Member Thompson,
aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye.
The motion carried unanimously.
Mayor Maxwell opened the public hearing on Ordinance 2006-974 at 9:02 p.m. No one
appeared at the public hearing. Council Member Thompson moved and Council Member
Halverson seconded a motion to close the public hearing at 9:03 p.m. A poll of the vote
was as follows: Council Member Thompson, aye; Council Member Rowan, aye; Council
Member Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
Council Member Thompson moved and Council Member Rowan seconded a motion to
adopt Ordinance 2006-976 placing a moratorium on conditions! uses in the 1-2 zoning
district for first reading. A poll of the vote was as follows: Council Member Thompson,
aye; Council Member Rowan, aye; Council Member Halverson, aye; Mayor Maxwell, aye.
The motion carried unanimously.
4. Approve Lease Agreement with Cingular Wireless for Antennas on Blake Water
Tower (CR2006-127)
Since 1997, the City has leased the Moline water tank to T-Mobile for antennas and
facilities. The current T-Mobile rent is approximately $21,000 per year for 12 antennas.
November 7, 2006, City Council Meeting Minutes Page 3
City staff has negotiated terms of a similar lease agreement with Cingular for installation
of antennas and ground support building at the Blake Water Tower site. The City
Attorney has reviewed the agreement and approves the lease as presented.
Public Works Director Steve Stadler explained the project. Mayor Maxwell asked whether
the antennas would interfere with any other uses such as television. Mr. Stadler said that
the FCC regulates such antennas. The antennas are required to not interfere with any
other use.
Council Member Rowan moved and Council Member Halverson seconded a motion to
authorize the Mayor and City Manager to sign the site lease agreement between the City
of Hopkins and New Cingular Wireless to allow the installation of communication
antennas and facilities at the Blake Water Tower site. A poll of the vote was as follows:
Council Member Thompson, aye; Council Member Rowan, aye; Council Member
Halverson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VII. ADJOURNMENT
There being no further business, Council Member Halverson moved and Council Member
Thompson seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9:15 p.m.
Respectfully Submitted,
Jim Genellie
Assistant City Manager
ATTEST:
Eugene J. Ma ell, Mayor
November 7, 2006, City Council Meeting Minutes Page 4
COUNChL~ M~E~/IBERS