MINUTES
A meetlng of the Clty Council of the Clty of Hopklns, Mlnnesota was held
on Tuesday, September 3, 1985 at 7:30 p.m. In the Councll Chambers of the Clty
<<II.
esent were Mayor LaVln and Councllmembers Shlrley, Anderson, Redepennlng, and
ilbert. Also present were Clty Staff - Clty Manager, Rapp; Clty Clerk/Assessor,
Renne; Prosecutlng Attorney, Stelner; City Englneer, Strojan; Asst. Clty
Englneer, Anderson; PubllC Works Operatlons Dlrector, Beecher.
I. Mayor LaVln called the meetlng to order at 7:45 p.m.
II. Mayor LaVln read a proclamatlon, proclalmlng September 18, 1985 as UNITED
WAY DAY.
III. Mr. Mllbert moved and Mr. Shlrley seconded the motlon to approve the
mlnutes of the August 20, 1985 meetlng. A poll of the vote was as
follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mr.
Redepenning, Aye; Mayor Lavln, Aye. The motlon carrled unanlmously.
I V .
Mr. Anderson moved and Mr.
of llcense applicatlons (#
Mr. Redepennlng, Aye; Mr.
Aye; Mayor Lavin, Aye. The
Mllbert seconded the motlon to approve the IlSt
382 - 387). A poll of the vote was as follows:
Mllbert, Aye; Mr. Shlrley, Aye; Mr. Anderson,
motlon carrled unanlmously.
Mr. Mllbert moved and Mr. Anderson seconded the motlon to approve the
dlsbursements, Ilsted on prelist # 721 In the amount of $109,920.97. A
poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr.
Mllbert, Aye; Mr. Redepennlng, Aye; Mayor Lavln, Aye. The motlon carrled
unanlmously.
VI. OLD BUSINESS:
(a). SECOND READING OF ORDINANCE # 85-554 "AN ORDINANCE AMENDING CHAPTER V,
SECTION 500: 00 OF THE CITY OF HOPKINS 1977 CODE OF ORDINANCE RE: LIQUOR
LICENSE FEES AND VARIOUS LICENSE FEES"
ACTION: Mr. Mllbert moved to change the fee proposed for Club Llquor Llcense to
$800.00. The motlon dled for lack of second.
Mr. Mllbert moved to pass the ordlnance as proposed, wlth Club Llquor
Llcense at $1,000. The motlon dled for lack of a second.
.
Mr. Redepennlng moved to approve Ordlnance # 85-554 after changlng the
Club Llquor Llcense to $750 per year; Off Sale 3.2 beer llcense to $75;
On Sale 3.2 beer llcense to $600. Mr. Anderson seconded the motlon. A
poll of the vote was as follows: Mr. Redepennlng, Aye; Mr. Mllbert,
Nay; Mr. Shlrley, Nay; Mr. Anderson, Aye; Mayor Lavln, Aye. The motlon
carrled.
(b) .
REMOVAL OF PARKING SIGNS ON OAK GLEN DRIVE
Staff requested Councll approval to remove the "no parklng" slgns on
Oak Glen from Flrst Street North to Second Street North. Mr. Steve
Reuter, presldent of the Park Rldge Assoclatlon reported that In
talklng to SlX resldents In thlS area, he found no obJectlon.
ACTION:
Mr. Mllbert moved aDd Mr. Anderson seconded the motlon to approve the
request by staff to remove the "no parklng" slgns. A poll of the vote
was as follows: Mr. Redepennlng, Aye; Mr. Shlrley, Aye; Mr. Mllbert,
Aye; Mr. Anderson, Aye; Mayor Lavln, Aye. The motlon carrled
unanlmously.
( c) .
REQUEST BY MARVY ADVERTISING PHOTOGRAPHY FOR REMOVAL OF "2 HOUR PARKING"
SIGNS ON THE NORTH HALF OF TWELFTH AVENUE BETWEEN EXCELSIOR AVENUE AND
FIRST STREET NORTH.
~
Mr. Bock of Marvy Advertlslng reported that the "2 hour parklng" slgns In
the area forced them to move thelr cars several tlmes durlng the day to
avold belng tlcketed. Councll explalned that there are parklng areas
avallable In the area for employee parklng.
Page 2 " Minutes of the September 3, 1985 meeting"
ACTION:
Mr. Mllbert moved and Mr. Anderson seconded the motlon to deny
the request by Marvy Advertlslng, but lnstall yellow zones on
both sldes of 12th Avenue South of 1st Street. A poll of the
vote was as follows: Mr. Redepennlng, Aye; Mr. Mllbert, Aye;
Mr. Shlrley, Aye; Mr. Anderson, Aye; Mayor Lavln, Aye. The
motlon carrled unanlmously.
.
(d) .
RAILROAD DEPOT
Staff was asked to lnspect the Rallroad Depot to determlne the
cost to rehablll tate the bUlldlng and to see if an offer by
the Jaycees to rehab the buildlng would be feaslble. Staff
reported that the condltlon was such that a rehab would be
beyond the scope of a C1V1C group and recommended that the Clty
should not become lnvolved In the rehabllltatlon of the
bUlldlng.
,)
Mr. Milbert moved and Mr. Anderson seconded the motlon to
approve the recommendatlon of staff to not do anythlng wlth the
bUlldlng at thlS tlme, but ask the County to make the Clty
aware of any proposed actlon regardlng the property. A poll of
the vote was as follows: Mr. Redepennlng, Aye; Mr. Milbert,
Aye; Mr. Shlrley, Aye; Mr. Anderson, Aye; Mayor Lavln, Aye.
The motlon carrled unanlmously.
APPEARANCE OF MEDALIST SPORTS CLUB REGARDING ORDINANCE REGARDING
DISCREPANCY BETWEEN STATE LAW AND CITY ORDINANCE REGARDING "CLUBS"
Clty ordlnance requlres a 20 year eXlstence period for a Club
llcense. State law only requlres 3 years.
ACTION:
Mr. Anderson moved and Mr. Mllbert seconded the motlon to have
the Clty Ordlnance remaln the same and have the Clty Attorney
prepare "findlngs of fact" supportlng thlS declslon. A poll of
the vote was as follows: Mr. Redepennlng, Nay; Mr. Milbert,
Aye; Mr. Shlrley,Aye; Mr. Anderson, Aye; Mayor Lavln, Nay. The
motlon carrled.
VII. NEW BUSINESS:
(a). APPEARANCE BY HENNEPIN WEST INTERVENTION PROGRAM REPRESENTATIVE
Mr. Doug Erlcson appeared before the Councll to report on the
actlvltles of thlS organlzatlon In the past year.
) .
REQUEST FOR VACATION OF PORTION OF THE N
MINNEAPOLIS CENTER BY HONEYWELL
S ALLEY -BLOCK 3, WEST
Mr. Mllbert moved and Mr. Anderson seconded the motlon to approve the vacatlon
of a portlon of the alley as recommended by the Zonlng &
Plannlng Commlsslon. A poll of the vote was as follows: Mr.
Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mr.
Redepenning, Aye; Mayor Lavin, Aye. The motlon carried
unanlmously.
(c). ORDINANCE 85-555 "AN ORDINANCE AMENDING SECTION 427 OF THE HOPKINS
ZONING ORDINANCE PERTAINING TO SIGNS, ADVERTISING, LIGHTS AND DEVICES."
ACTION: Mr. Mllbert moved and Mr. Redepennlng seconded the motlon to
approve Ordinance # 85-555 for flrst readlng. A poll of the
vote was as follows: Mr. Redepennlng, Aye; Mr. Mllbert, Aye;
Mr. Shlrley, Aye; Mr. Anderson, Aye; Mayor Lavln, Aye. The
motlon carrled unanlmously.
Page 3 " Mlnutes of the September 3, 1985 meetlng"
( d ) .
.
REQUEST FOR A VARIANCE TO CONSTRUCT A GARAGE 14 FEET FROM PROPERTY LINE
AT 22 - 7TH AVENUE NORTH
The Zonlng Ordlnance requlres a 20 foot setback from the
property Ilne for accessory bUlldlngs. The Zonlng and Planning
Commlsslon recommended approval of the varlance for the
followlng reasons: (l) The current garage has a 14 foot
setback (2) A 20 foot setback would restrlct the back yard.
(3) A varlance had prevlously been granted to construct a home
onthls lot due to ltS narrow wldth (34 feet).
ACTION:
Mr. Anderson moved and Mr. Mllbert seconded the motlon to
approve the varlance as recommended by the Zonlng & Plannlng
Commlsslon. A poll of the vote was as follows: Mr.
Redepennlng, Aye; Mr. Mllbert, Aye; Mr. Shlrley, Aye; Mr.
Anderson, Aye; Mayor Lavln, Aye. The motlon carrled
unanlmously.
(e)
CONDITIONAL USE PERMIT TO CONSTRUCT AN ADDITION TO EXISTING BUILDING AT
1007 - 1021 E. EXCELSIOR AVENUE
The Commerce Center applled for a Condltional Use Permlt to
bUlld a 4000 square foot addltlon on the east slde of the
eXlstlng bUlldlng. The Zonlng and Plannlng Commlsslon
recommended approval wlth the followlng condltlons:
1. Approval by the Flre Marshal
2. The curb cut be approved by the County.
3. Removal of 6 parklng spaces from the plan to be used for
landscaplng. Removal of any slgns from these spaces.
4. No parklng on the south slde of the easternmost bUlldlng.
ACTION:
Mr. Mllbert moved and Mr. Anderson seconded the motlon to
approve the Condl tlonal Use Perml t Wl th condl tlons as
recommended by the Zoning & Plannlng CommlSSlon and subject to
staff approval of the landscaplng plans. A poll of the vote
was as follows: Mr. Redepennlng, Aye; Mr. Mllbert, Aye; Mr.
Shlrley, Aye; Mr. Anderson, Aye; Mayor Lavln, Aye. The motlon
carrled unanlmously.
(f)
VARIANCES TO CONSTRUCT AN ADDITION TO EXISTING BUILDING AT 65
AVENUE SOUTH
7th
Henry Pokorny applled for a slde yard varlance, a front yard
varlance, a varlance to exceed the Floor Area Ratlo, a parklng
varlance and a varlance to expand a non-conformlng use In order
to facllltate proposed constructlon.
The Zonlng & Plannlng Commlssion recommended approval wlth the
followlng condl tlons: (a) bUlldlng addl tlon to be used for
storage only, (b) Flre Marshal's approval.
ACTION: Mr. Anderson moved and Mr. Mllbert seconded the motlon to
approve the varlances as recommended by the Zonlng & Plannlng
Commlsslon, Wl th the same condl tlons. A poll of the vote was
as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert,
Aye; Mr. Redepennlng, Aye; Mayor Lavln, Aye. The motlon
carried unanlmously.
(g) CONDITIONAL USE PERMIT FOR 240 UNIT RESIDENTIAL FACILITY AT 1001 - 1011
FELTL COURT
St. Therese Home, Inc. applled for a Condltlonal Use Permlt to
construct a 240 unlt elderly resldentlal faclllty and a 200 bed
nurslng home at 1001 - 1011 Feltl Court. The Zoning & Plannlng
CommlSSlon recommended approval wlth the followlng condltlons:
(a) approval of the Nlne-Mile Creek watershed dlstrlct (b) berm
and landscaplng be completed wlth the flrst phase.
The Zonlng
problems.
problems.
& Plannlng Commlsslon also referred to setback
The plan acted on by Councll dld not have setback
Page 4 " Mlnutes of the September 3, 1985 Councll Meetlng"
tCTION:
Mr. Mll bert moved and Mr. Redepennlng seconded the
motlon to approve the Condltlonal Use Permlt wlth
condltlons as recommended by the Zonlng & Plannlng
Commlsslon. A poll of the vote was as follows: Mr.
Redepennlng, Aye; Mr. Mllbert, Aye; Mr. Shlrley, Aye;
Mr. Anderson, Aye; Mayor Lavln, Aye. The motlon carrled
unanlmously.
(h) REVISION OF A CONDITIONAL USE PERMIT -AMHURST PROJECT STATE HIGHWAY 7 AND
EDGEMOOR DRIVE.
The Centurlon Company requested a reviSlon of the
orlglnal Condltlonal Use Permlt to bUlld In an area
orlglnally reserved for pondlng and no longer needed
for that purpose.
The Zoning and Plannlng Commlsslon recommended approval
of the revlsion wlth the followlng condltlons: (a) the
plat be approved by the Zonlng and Plannlng Commlsslon.
(b) The emergency eXl t not eXl t/enter on to Edgemoor
Drlve.
,TION:
Mr. Mllbert moved and Mr. Redepennlng seconded the
motlon to approve the reV1Slon of theConditlonal Use
Permlt wlth conditlons recommended by the Zonlng &
Plannlng Commlsslon. A poll of the vote was as
follows: Mr. Redepennlng, Aye; Mr. Mllbert, Aye; Mr
Shlrley, Aye; Mr. Anderson, Aye; Mayor Lavln, Aye. The
motion carrled unanlmously.
(1) ONE DAY 3-2 BEER LICENSE (SEPTEMBER 22, 1985) - ST. JOSEPH CHURCH
ACTION:
Mr. Anderson moved and Mr. Shlrley seconded the motlon
to approve the llcense. A poll of the vote wass as
follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr.
Mllbert, Aye; Mr. Redepennlng, Ay~;' Mayor Lavln, Aye.
The motion carr led unanlmously.
(J) LIQUOR LICENSE APPLICATION - HOPKINS HOUSE, INC.
Mr. Anderson moved and Mr.
to approve the 1 icense.
follows: Mr. Redepennlng,
Shlrley, Aye; Mr. Anderson,
motlon carried unanimously.
Shlrley seconded the motlon
A poll of the vote was as
Aye; Mr. Mllbert, Aye; Mr.
Aye; Mayor Lavln, Aye. The
(k) APPROVAL OF AUDITORS FOR 1985 AUDIT
Mr. Mllbert moved and Mr. Shlrley seconded the motlon
to retaln Peat MarWlck for the 1985 audlt. A poll of
the vote was as follows: Mr. Anderson, Aye; Mr.
Shirley, Aye; Mr. Mllbert, Aye; Mr. Redepennlng, Aye;
Mayor Lavln, Aye. The motlon carrled unanlmously.
(1) REQUEST FOR PERMIT BY NSP TO PLACE BURIED CABLE ON ASHLEY ROAD AND BOYCE
STREET
Mr. Mllbert moved and Mr. Anderson seconded the motlon
to approve the request for permlt. A poll of the vote was as follows: Mr.
And e r son, Aye; Mr. S h i r 1 e Y'I, Aye; Mr. M 11 be r t, Aye; Mr. Red e pen n 1 n g , Aye; May 0 r
Lavln, Aye. The motlon carried unanlmously.
(m) REQUEST TO CHANGE THE NAME OF COUNTY ROAD 3 TO EXCELSIOR BOULEVARD.
The Clty recelved a letter from the Clty
ggestlng changlng County Road 3 to Excelslor Boulevard.
they have no complalnts or suggestions of this type from
Minne tonka W 1 shes to make a formal req ues t, t hey waul d
further at that time.
Manager of Mlnnetonka
The Councll lndlcated
Hopklns resldents. If
lnvestlgate the matter
Ig) e 5 "Mlnutes of the September 3, 1985 meetlng"
PBT RESOLUTION
The pollce department asked Councll to adopt Resolutlon # 85-3211 enterlng
lnto agreement wlth the State of Mlnnesota, Department of PubllC Safety
for the loan of two prellmlnary breath test lnstruments for use In the
pollce Department.
ACTION:
Mr. Shlrley moved and Mr. Anderson seconded the motlon to adopt
Resolutlon # 85-3211 enterlng lnto agreement wlth the State of
Minnesota for loan of two breath test lnstruments. A poll of the
vote was as follows: Mr. Redepennlng, Aye; Mr. Mllbert, Aye; Mr.
Shlrley, Aye; Mr. Anderson, Aye; Mayor Lavln, Aye. The motlon
carrled unanlmously.
A budget meetlng lS scheduled for September 10, 1985 at 6 p.m. In
the Communlty Room of Clty Hall
MEETING:
A speclal budget meetlng lS scheduled for September 10, 1985 at 6
p.m. In the Communlty Room of Clty Hall.
.
Mr. Redepennlng moved and Mr.
adJourn the meetlng at 10:15 p.m.
Anderson seconded the motlon to
The motlon carrled unanlmously.
ATTEST:
El1e~
Respectfully submltted,
~~ '
Jean Kaedlng,~