VII.2. First Reading Comprehensive Plan Amendment and Rezoning for 11524 Excelsior Boulevard; Lindahl
May 4, 2021
City Council Report 2021-047
Comprehensive Plan Amendment and Rezoning for 11524 Excelsior Boulevard
Proposed Action: Staff recommends the following motions:
• Move to adopt Resolution 2021-023, approving a Comprehensive Plan Amendment
establishing the Future Land Use designation for the property located at 11524 Excelsior
Boulevard (PID 23-117-22-44-0160) as Neighborhood Center, subject to conditions.
• Move to adopt Resolution 2021-024, approving the first reading of Ordinance 2021-1168
establishing the zoning for the property located at 11524 Excelsior Boulevard (PID 23-117-
22-44-0160) as B-3, General Business District, subject to conditions.
Overview
This application was initiated by staff as a “housekeeping” item to assign future land use and
zoning classifications to property annexed from Minnetonka into Hopkins. This transaction was
processed through an annexation that was approved by Minnetonka, Hopkins and the State of
Minnesota Office of Administrative Hearings in June 2020. The subject property is located at
11524 Excelsior Boulevard or the northwest quadrant of Excelsior Boulevard and Shady Oak
Road. Based on the findings detailed below, both the Planning & Zoning Commission and staff
recommend the subject property be assigned a future land use designation of Neighborhood
Center and a zoning classification of B-3, General Business.
Primary Issues to Consider
• Background
• Comprehensive Plan Amendment
Standards
• Rezoning Standards
• Alternatives
Supporting Documents
• Site Location Map
• Resolution 2021-023
• Resolution 2021-024
• Ordinance 2021- 1168
• Order Approving Concurrent Detachment & Annexation
• Joint Resolution 2020-026 Requesting Annexation
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2021-047
Page 2
BACKGROUND
In 2020, the City of Minnetonka made a request to Hopkins for a concurrent detachment and
annexation. This request involved a portion of the vacant property at 2 Shady Oak Road in
Hopkins and the entire property at 11524 Excelsior Boulevard in Minnetonka. The purpose of
this request was to facilitate redevelopment of the former Shady Oak Crossings retail center at
4312 Shady Oak Road. The annexation of a portion of 2 Shady Oak Road into Minnetonka
allowed that property to be combined with the property directly to the north at 4312 Shady Oak
Road to create a larger redevelopment parcel in Minnetonka. In exchange, the City of Hopkins
received the property at 11524 Excelsior Boulevard which include a 2,000 square foot
commercial building currently housing a Subway sandwich shop and a Farmers insurance office.
When properties are annexed into Hopkins, they must be assigned a future land use and zoning
classification. This application facilitates that process.
Planning & Zoning Commission Action. The Planning & Zoning Commission reviewed this
item (Planning Application 2021-05) during their April 27, 2021 meeting. During the meeting,
the Commission heard a presentation from staff and held a public hearing that produced no
direct comments. Prior to the public hearing the City did receive two comments on this item.
These comments came from Lowell Zizloff (owner of 11525 Excelsior Boulevard, Minnetonka)
and a representative Marilyn Johnson (owner of 140 20th Avenue South, Hopkins). Both had
general questions about the application and supported the proposed changes. The Planning &
Zoning Commission had general discussion of the findings in the staff report and comments
from the public before approving a motion recommending the City Council approve this
application.
Legal Authority. This request includes a Comprehensive Plan amendment and rezoning. Both
of these applications are considered legislative actions, meaning that the City is formulating
public policy and zoning standards to regulate the type of development it desires. Under the law,
the City has wide flexibility to create standards that will ensure the type of development it
desires.
The City may amend the Comprehensive Plan after a public hearing before the Planning &
Zoning Commission and a two-thirds majority vote by the City Council. These applications also
require notification to the surrounding communities and approval by the Metropolitan Council.
The rezoning application may be approved by a majority vote of the City Council.
COMPREHENSIVE PLAN AMENDMENT
The City adopted the 2040 Comprehensive Plan – Cultivate Hopkins in November of 2020.
This document includes the Future Land Use Map, which details the land use designations for
each property in the community. When properties are annexed into the community, they come
in without a land use designation and one must be assigned. After reviewing the Comprehensive
Plan and consulting with the property owner about their future intention for the property, staff
recommends assigning a future land use designation of Neighborhood Center. The 2040
Comprehensive Plan details development characteristics for the Neighborhood Center future
land use category and a summary of these is provided below.
Location. Located at major intersections that serve as gateways into adjacent neighborhoods.
City Council Report 2021-047
Page 3
Development Type. Accommodate forecasted population and employment growth while also
serving as a defining place for basic retail, service and entertainment needs.
Urban Form. Mixed use (horizontal or vertical) and pedestrian oriented character. High quality
design, pedestrian and bicycle facilities and thoughtful use of open space will be important to
create a vibrant and unique center that enhances and connects with the surrounding
neighborhood it serves.
Density & Scale. Smaller scale retail with neighborhood serving uses. Densities in this area
typically range from 20-50 units per acre. Estimated 25% commercial and 75% residential.
Staff finds the Neighborhood Center category is the most appropriate future land use
designation based on future land use designation of the adjacent commercial property along
Shady Oak Road from Mainstreet to Excelsior Boulevard, the property’s location within ½ mile
of the Shady Oak Road future light rail station and the intended future use of the property.
State law requires local governments to inform surrounding communities of any comprehensive
plan amendments and allow a 60-day comment period. The City will distribute notice of the
proposed Comprehensive Plan amendment to surrounding local governments after action by the
Planning & Zoning Commission. All comments received within the 60-day review period will
be included with the formal Comprehensive Plan amendment application submitted to the Met
Council after final action by the City Council.
Primary Issues to Consider – Rezoning
There are four key criteria for the City to weigh when considering a rezoning request. These
criteria and staff's findings for each are outlined below. As with the future land use
designation, the subject property was recently annexed from Minnetonka into Hopkins and
does not have a zoning classification. Staff recommends assigning a B-3, General Business
District zoning classification based on the proposed Neighborhood Center future land use
designation, the property’s location within ½ mile of the future Shady Oak Road light rail
station and the intended future use of the property. It should be noted that assigning the B-3
District classification to this property is based on the existing zoning regulations. This site will
be re-evaluated in the future as part of the on-going Zoning Regulations Update Project and
assigned an appropriate classification based on the new zoning regulations.
Consistency with the Comprehensive Plan. The proposed B-3, General Business District
zoning classification is generally consistent with the goals and policies of the 2040 Comprehensive
Plan as detailed above. While the subject property contains a small-scale neighborhood serving
commercial use, it should be acknowledged that it lacks the residential/commercial mix called for
by the Neighborhood Center future land use category. The Zoning Regulations Update Project
will consider zoning standards to encourage the mixed use development called for in the 2040
Comprehensive Plan.
Compatibility with Present and Future Land Uses. The subject property is compatible with
surrounding present and future land uses. The subject property contains an approximately 2,000
square foot single story commercial building and accessory 30-stall surface parking lot. This use is
generally consistent with the surrounding present and future land uses detailed in the table below.
City Council Report 2021-047
Page 4
Present and Future Land Uses Surrounding 11524 Excelsior Boulevard
Direction Present Land Use Future Land Use Status
North (Hopkins) Commercial & Single Family
Residential
Neighborhood Center &
Traditional Urban
Compatible
South (Minnetonka) Commercial Mixed Use Compatible
East (Hopkins) Single Family Residential Traditional Urban Compatible
West (Minnetonka) Commercial Commercial Compatible
Conformance with New Zoning Standards. While staff does not have all the information
necessary to conduct a comprehensive site plan review. However, the existing commercial
building generally conforms to the standards of the B-3 District (see table below). Any non-
conformities resulting from the annexation and rezoning process would be considered legal non-
conformities. Legal non-conforming items are address in the Non-Conformities section below.
B-3 Zoning Standards Comparison
Category Standard Existing Condition Status
Lot Size 3,000 sq. ft. 20,342 sq. ft. Conforming
Lot Width 50’ 80’ Conforming
Front Setback 20’* 30’ Conforming
Side Setback 10’* 20’/0’ Non-
Conforming
Rear Setback 30’** 159’ Conforming
Building Height 25’ 12’ Conforming
Building Material Compatible in detail, texture
and color to adjacent and
neighboring structures
Brick, glass and stucco Conforming
Off-Street Parking Retail = 1/200 sq. ft. = 7
Office = 1/250 sq. ft.= 3
30 stalls Conforming
*Setback for properties adjacent to a state or county road
**Setback for properties adjacent to residential
Availability of Utilities. The subject property is connected to municipal water and sewer services
as required by the City.
Non-Conformities. According to Minnesota Statute 462.357, Subdivision 1e., legal non-
conformities generally have a statutory right to continue through repair, replacement, restoration,
maintenance, or improvement, but not through expansion. These rights run with the land and are
not limited to a particular landowner. If the benefited property is sold, the new owner will have
the same rights as the previous owner. However, it should be noted that by statute, the City may
prohibit any nonconformity that ceases for a period of more than one year.
ALTERNATIVES
1. Vote to Approve. By voting to approve comprehensive plan amendment and rezoning, the
subject property will be assigned a future land use designation of Neighborhood Center
(subject to approval by the Metropolitan Council) and a second reading on the ordinance
rezoning the property to B-3, General Business will be scheduled for the May 18, 2021 City
City Council Report 2021-047
Page 5
Council meeting. The comprehensive plan amendment requires a 4/5 vote for approval
while the rezoning only requires a majority vote.
2. Voting to Deny. By voting to deny the comprehensive plan amendment and rezoning, the
recently annexed property will remain without future land use or zoning designations.
Should the City Council consider this option, it must also identify specific findings that
support this alternative.
3. Continue for further information. If the City Council finds that further information is
needed, the items should be continued.
Site Location Map for 11524 Excelsior Boulevard
Subject Property
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2021-023
RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT ESTABLISHING
THE FUTURE LAND USE DESIGNATION FOR THE PROPERTY LOCATED AT 11524
EXCELSIOR BOULEVARD (PID 23-117-22-44-0160) AS NEIGHBORHOOD CENTER,
SUBJECT TO CONDITIONS
WHEREAS, the City of Hopkins initiated a comprehensive plan amendment application to
establish the future land use classification for the property annexed from the City of Minnetonka into
Hopkins located at 11524 Excelsior Boulevard (23-117-22-44-0160) as Neighborhood Center; and,
WHEREAS, the subject property is legally described as follows:
11524 Excelsior Boulevard (PID 23-117-22-44-0160)
TRACT F RLS NO 0610 ALSO THAT PART OF SE 1/4 OF SE 1/4 OF SEC 23 T 117 R 22
LYING W OF A LINE RUN PAR WITH AND 1165.2 FT W FROM E LINE THOF AND
LYING S OF N 263 FT OF THAT PART OF SAID SE 1/4 OF SE 1/4 DESC AS COM AT PT
OF INTER OF NLY LINE OF ABANDONED R/W OF CHIC MIL & ST PAUL RR CO AND
A LINE RUN PAR WITH AND 660 FT W FROM E LINE OF SAID SE 1/4 OF SE ¼ TH N
ON SAID PAR LINE 310.3 FT TH W AT RIGHT ANGLES 366.8 FT TO PT OF BEG TH
CONT W ALONG LAST DESC LINE 306.8 FT TO W LINE OF SAID SE 1/4 OF SE 1/4 TH S
358.2 FT TO NLY LINE OF SAID RR R/W TH ELY ALONG SAID R/W LINE TO ITS
INTER WITH A LINE RUN SLY PAR WITH E LINE OF SAID SE 1/4 OF SE 1/4 FROM PT
OF BEG TH N TO BEG EXCEPT ROAD, UNPLATTED 23 117 22
WHEREAS, the procedural history of the application is as follows:
1. That an application to establish the future land use designation upon the property
described above was initiated by the City of Hopkins on March 26, 2021; and
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published
notice, held a public hearing on the application and reviewed such application on April
27, 2021 and all persons present were given an opportunity to be heard; and,
3. That the written comments and analysis of City staff were considered; and
4. That the City Council of the City of Hopkins reviewed this item during their May 4, 2021
meeting and agreed with the findings of the Planning & Zoning Commission.
WHEREAS, staff recommended approval of the above stated application based on the findings
outlined in the City Council Report 2021-047 dated May 4, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves a comprehensive plan amendment establishing the future land use designation for the
property located at 11524 Excelsior Boulevard (PID 23-117-22-44-0160) as B-3, General Business
District, subject to:
1. Approval of the comprehensive plan amendment by the Metropolitan Council.
Adopted this 4th day of May 2021.
________________________
ATTEST: Jason Gadd, Mayor
__________________________
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2021-024
RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2021-1168
ESTABLISHING THE ZONING CLASSIFICATION FOR THE PROPERTY LOCATED AT
11524 EXCELSIOR BOULEVARD (PID 23-117-22-44-0160) AS B-3, GENERAL BUSINESS
DISTRICT
WHEREAS, the City of Hopkins initiated an application to establish the zoning classification
for the property annexed from the City of Minnetonka into Hopkins located at 11524 Excelsior
Boulevard (23-117-22-44-0160) as B-3, General Business District; and,
WHEREAS, the subject property is legally described as follows:
11524 Excelsior Boulevard (PID 23-117-22-44-0160)
TRACT F RLS NO 0610 ALSO THAT PART OF SE 1/4 OF SE 1/4 OF SEC 23 T 117 R 22
LYING W OF A LINE RUN PAR WITH AND 1165.2 FT W FROM E LINE THOF AND
LYING S OF N 263 FT OF THAT PART OF SAID SE 1/4 OF SE 1/4 DESC AS COM AT PT
OF INTER OF NLY LINE OF ABANDONED R/W OF CHIC MIL & ST PAUL RR CO AND
A LINE RUN PAR WITH AND 660 FT W FROM E LINE OF SAID SE 1/4 OF SE ¼ TH N
ON SAID PAR LINE 310.3 FT TH W AT RIGHT ANGLES 366.8 FT TO PT OF BEG TH
CONT W ALONG LAST DESC LINE 306.8 FT TO W LINE OF SAID SE 1/4 OF SE 1/4 TH S
358.2 FT TO NLY LINE OF SAID RR R/W TH ELY ALONG SAID R/W LINE TO ITS
INTER WITH A LINE RUN SLY PAR WITH E LINE OF SAID SE 1/4 OF SE 1/4 FROM PT
OF BEG TH N TO BEG EXCEPT ROAD, UNPLATTED 23 117 22
WHEREAS, the procedural history of the application is as follows:
1. That an application to establish the zoning classification upon the property described
above was initiated by the City of Hopkins on March 26, 2021; and
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published
notice, held a public hearing on the application and reviewed such application on April
27, 2021 and all persons present were given an opportunity to be heard; and,
3. That the written comments and analysis of City staff were considered; and
4. That the City Council of the City of Hopkins reviewed this item during their May 4, 2021
meeting and agreed with the findings of the Planning & Zoning Commission.
WHEREAS, staff recommended approval of the above stated application based on the findings
outlined in the City Council Report 2021-047 dated May 4, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the first reading of Ordinance 2021-1168 establishing the zoning classification for the
property located at 11524 Excelsior Boulevard (PID 23-117-22-44-0160) as B-3, General Business
District, subject to:
1. Approval of the associated comprehensive plan amendment.
Adopted this 4th day of May 2021.
________________________
ATTEST: Jason Gadd, Mayor
__________________________
Amy Domeier, City Clerk
1
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2021-1168
AN ORDINANCE ESTABLISHING THE ZONING CLAFFICATION FOR THE
PROPERTY LOCATED AT 11524 EXCELSIOR BOULEVARD (PID 23-117-22-44-0160)
AS B-3, GENERAL BUSINESS DISTRICT
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
1. That there was no present zoning classification upon the following described property
annexed from Minnetonka into Hopkins, which is hereby assigned a zoning classification
of B-3, General Business District.
2. That the legal description of the property to be rezoned is as follows:
11524 Excelsior Boulevard (PID 23-117-22-44-0160)
TRACT F RLS NO 0610 ALSO THAT PART OF SE 1/4 OF SE 1/4 OF SEC 23 T 117 R
22
LYING W OF A LINE RUN PAR WITH AND 1165.2 FT W FROM E LINE THOF AND
LYING S OF N 263 FT OF THAT PART OF SAID SE 1/4 OF SE 1/4 DESC AS COM
AT PT OF INTER OF NLY LINE OF ABANDONED R/W OF CHIC MIL & ST PAUL
RR CO AND A LINE RUN PAR WITH AND 660 FT W FROM E LINE OF SAID SE
1/4 OF SE ¼ TH N ON SAID PAR LINE 310.3 FT TH W AT RIGHT ANGLES 366.8 FT
TO PT OF BEG TH CONT W ALONG LAST DESC LINE 306.8 FT TO W LINE OF
SAID SE 1/4 OF SE 1/4 TH S 358.2 FT TO NLY LINE OF SAID RR R/W TH ELY
ALONG SAID R/W LINE TO ITS INTER WITH A LINE RUN SLY PAR WITH E LINE
OF SAID SE 1/4 OF SE 1/4 FROM PT OF BEG TH N TO BEG EXCEPT ROAD,
UNPLATTED 23 117 22
First Reading: May 4, 2021
Second Reading: May 18, 2021
Date of Publication: May 27, 2021
Date Ordinance Takes Effect: May 27, 2021
________________________
ATTEST: Jason Gadd, Mayor
__________________________
Amy Domeier, City Clerk
1
OAH 71-0331-36864
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of the Concurrent Detachment
and Annexation of Certain Real Property from
the City of Hopkins to the City of Minnetonka
(MBAU Docket D-616/A-8263)
ORDER APPROVING
CONCURRENT DETACHMENT
AND ANNEXATION
City of Hopkins Resolution No. 2020-022/City of Minnetonka Resolution
No. 2020-022 (Joint Resolution) for concurrent detachment and annexation was adopted
by the City of Hopkins (Hopkins) on May 5, 2020, and the City of Minnetonka (Minnetonka)
on February 24, 2020, requesting the concurrent detachment from Hopkins and
annexation to Minnetonka of certain real property (Property) legally described as follows:
That part of the West Half of the Southeast Quarter of Section 23, Township 117
North, Range 22 West, Hennepin County, Minnesota being described as follows:
All that portion of the tract or parcel of land described as Paragraph "A"
below, which lies Southerly of a line drawn parallel to and 200 feet
Southerly of the North line thereof and the same extended, to wit:
Paragraph "A"; That portion of the West Half of the Southeast Quarter of
Section 23, Township 117 North, Range 22 West of the 5th Principal
Meridian, described as follows: Starting at the Northeast corner of the
Southwest Quarter of the Southeast Quarter of said Section, thence South
along the East line of the West half of the Southeast Quarter of said
Section, a distance of 300 feet, thence Westerly at right angles to said
East line for a distance of 284 feet; thence Northerly along a line parallel
to said East line a distance of 600 feet; thence Easterly along a line at
right angles to said East line 209 feet to the center line of McGinty Road;
thence Southeasterly along the center line of McGinty Road to the East
line of the West Half of the Southeast Quarter of said Section 23; thence
Southerly along said East line 33.5 feet to the point of beginning.
Which are described as follows:
Parcel A: The West 109.00 feet of the North 139.00 feet.
Parcel B: That part of the North 158.00 feet thereof lying East of the
West 109.00 feet thereof.
Together with an easement for driveway and parking purposes over,
under and cross that part of Lot 22, Block 1, Oak Ridge 2nd Addition, lying
2
Northeasterly of a line, and its extensions, drawn from the Southeast
corner of said lot to a point on the Northwesterly line of said lot distant 120
feet Southwesterly, measured along said Northwesterly line, from the most
Northerly corner of said lot, as contained in deed Doc. No. 966456; (See
Order Doc. No. 1053666)
Which lies northeasterly of the following described line:
Commencing at the northeast corner of Lot 23, Block 1, OAK RIDGE 2ND
ADDITION, according to the recorded plat thereof, Hennepin County,
Minnesota; thence South 03 degrees 27 minutes 33 seconds West, along
the east line of said Lot 23, a distance of 10.00 feet to the point of
beginning of the line to be described; thence South 86 degrees 32 minutes
27 seconds East a distance of 23.56 feet to the point of beginning of the
line to be described; thence South 03 degrees 27 minutes 33 seconds
West a distance of 18.99 feet; thence southeasterly 113.10 feet along a
tangential curve concave to the northeast having a radius of 70.00 feet
and central angle of 92 degrees 34 minutes 30 seconds; thence South 89
degrees 06 minutes 57 seconds East a distance of 40.85 feet; thence
South 78 degrees 08 minutes 08 seconds East a distance of 140.43 feet,
more or less, to the east line of said West Half of the Southeast Quarter
and there terminating.
Based upon a review of the Joint Resolution, the Administrative Law Judge makes
the following:
ORDER
1. Pursuant to Minn. Stat. § 414.061 (2018), the Joint Resolution is deemed
adequate in all legal respects and properly supports this Order.
2. Pursuant to the terms of the Joint Resolution and this Order, the Property is
concurrently DETACHED from Hopkins and ANNEXED to Minnetonka.
Dated: June 19, 2020
____________________________
JESSICA A. PALMER-DENIG
Administrative Law Judge
3
NOTICE
This Order is the final administrative order in this case under Minn. Stat.
§§ 414.061, .07, .09, .12 (2018). Pursuant to Minn. Stat. § 414.07, subd. 2, any person
aggrieved by this Order may appeal to Hennepin County District Court by filing an
Application for Review with the Court Administrator within 30 days of this Order. An
appeal does not stay the effect of this Order.
Any party may submit a written request for an amendment of this Order within
seven days from the date of the mailing of the Order pursuant to Minn. R. 6000 .3100
(2019). However, no request for amendment shall extend the time of appeal from this
Order.
City of Hopkins
Resolution No. 2020-023
City of Minnetonka
Resolution No. 2020-026
JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM MINNETONKA
AND ANNEXATION TO HOPKINS OF CERTAIN LANDS PURSUANT TO MINNESOTA
STATUTES SECTION 414.061
WHEREAS, certain real property, approximately 0.46 acres in size, legally described
and depicted on Exhibit A attached hereto and incorporated herein and depicted on the survey
thereof attached hereto and incorporated herein as Exhibit A (the "Annexation Property") is
located in the City of Minnetonka; and
WHEREAS, the city of Minnetonka desires to transfer this property into the city of
Hopkins in a "land swap" between the two cities; and
WHEREAS, the Annexation Property has a street address of 11524 Excelsior Blvd.,
Minnetonka, MN and a tax parcel number of 23-117-22-44-0160; and
WHEREAS, the City of Minnetonka and the City of Hopkins desire to detach the
Annexation Property from Minnetonka and annexing the Annexation Property to Hopkins; and
WHEREAS, the City of Minnetonka and the City of Hopkins desire to modify their
respective boundaries by detaching the Annexation Property from the City of Minnetonka and
annexing the Annexation Property to the City of Hopkins pursuant to Minnesota Statutes
Section 414.061.
NOW, THEREFORE, BE IT RESOLVED:
1. The City of Hopkins and the City of Minnetonka jointly request that the Office of
Administrative Hearings — Municipal Boundary Adjustment concurrently detach the
Annexation Property from the City of Minnetonka and annex the same to the City of
Hopkins at the earliest possible date.
2. The city clerk for each city is directed to submit this Joint Resolution to the Office
of Administrative Hearings— Municipal Boundary Adjustments for the purposes set forth
herein.
3. The City of Hopkins and the City of Minnetonka agree that, within 30 days of
receipt of this Resolution, passed and adopted by each party, the Office of
Administrative Hearings— Municipal Boundary Adjustments, may review and comment,
but shall order the concurrent detachment and annexation consistent with the terms of
this Resolution.
4. The City of Minnetonka is responsible for all costs associated with processing
this Resolution, including reimbursement of reasonable attorney's fees incurred by the
City of Hopkins.
5. The City of Minnetonka and City of Hopkins will not submit this Resolution to the
Office of Administrative Hearings— Municipal Boundary Adjustments until the City of
Minnetonka has granted final land use and financing approvals for the Shady Oak
Crossings residential development project.
6.This Resolution is conditioned upon approval of the concurrent
detachmenUannexation Resolution for the 2 Shady Oak Rd. property also requested by
the city of Minnetonka and city of Hopkins.
Adopted by the City Council of the City of Minnetonka on Feb. 24, 2020.
Brad Wiersum, Mayor
ATTEST:
Becky Koosman, City Clerk
Action on this resolution:
Motion for adoption: Kirk
Seconded by: Schack
Voted in favor of: Kirk, Schack, Carter, Calvert, Schaeppi, Coakley, Wiersum
Voted against:
Abstained:
Absent:
Resolution adopted.
I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City
Council of the City of Minnetonka at a meeting held on Feb. 24, 2020.
Becky Koosman, City Clerk
Seal)
Passed and adopted by the City Council of the City of Hopkins on the`'1{-`day of
2020.
i',;
4-.
Jason Gadd, Mayor
ATTEST:
I 1 ll L.' ,(.:
Amy Domeier, City Clerk
CERTIFICATION
The undersigned, being the duly qualified Clerk of the City of Hopkins, hereby certifies the
foregoing Resolution No..-. : ''is a true and correct copy of a resolution presented to and
ppted by the Council of the City of Hopkins at a duly authorized meeting thereof held on the
day of .,,i ,, 2020, as shown by the minutes of the aforesaid meeting in possession
of the undersigned.
1(ti -
Amy Domeier, City Clerk
Seal)
EXHIBIT A
All that part of the following described portion of the Southeast Quarter of the Southeast Quarter of
Section 23,Township 117, Range 22, lying west of a line drawn parallel with and 1165.2 feet measured at
right angles from the east line of said Southeast Quarter of Southeast Quarter and lying south of the north
263 feet of said portion, which portion is bounded and described as follows: Beginning at a point where
the northerly line of the abandoned right-of-way of the Chicago, Milwaukee 8 St. Paul Railway Company
later leased to and occupied by the Minneapolis, St. Paul &Suburban Railroad Company) as said right-
of-way was located and constructed across said Southeast Quarter of Southeast Quarter of said Section
23, is intersected by a line parallel with and 660 feet West, measured at right angles from the East line of
said Southeast Quarter of Southeast Quarter of said Section 23, running thence North on said parallel
line 310.3 feet; thence West at right angles 366.8 feet to the actual point of beginning of the land to be
described; thence continuing West on said last described right angle line 306.8 feet, more or less to the
West line of said Southeast Quarter of Southeast Quarter of Section 23, thence South on said West line
358.2 feet, more or less to said northerly line of right-of-way; thence Easterly along said right-of-way line
to its intersection with a line drawn parallel with and 1026.8 feet West from the East line of said Southeast
Quarter; thence North parallel with said East line to the actual point of beginning.
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