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10-07-1986e MINUTES OF THE OCTOBER 7, 1986 MEETING A regular meeting of the City Council of the City of Hopkins was held at 7:30 p.m. on October 7, 1986 in the Council Chambers of Hopkins City Hall. Present were Mayor Lavin, 'Counoilmembers: Hilbert, Anderson, Redepenning and Shirley. Also present were City staff members: Rapp, Renne, Kerrigan, Mielke, Genellie, Therkelson, G. Anderson, and City Prosecutor, Jerry Steiner. i. Mayor Lavin called the meeting to order at 7 :30 p.m. II. APPROVAL OF MINUTES OF THE SEPTEMBER 16, 1986 MEETING Mr. Redepenning moved and Mr. Hilbert seconded the motion to approve the minutes of the September 16th meeting. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. III. APPROVAL OF DISBURSEMENTS, PRELIST 748 Mr. Shirley moved and Mr. Hilbert seconded the motion to approve the disbursements on prelist 748 in the amount of $591,202.36. Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. IV. APPROVAL OF MISC. LICENSE APPLICATIONS (368 - 374) Mr. Anderson moved and Mr. Hilbert seconded the motion to approve the above license applications. Mr. Redepenning, Aye; Mr. Hilbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. NEW BUSINESS: a. APPEARANCE - NEAL WEBER, HENN. CTY PARKS COMMISSIONER Mr. Weber appeared before the Council to inform them that they are moving forward on a directive from the Metropolitan Council to build a regional park on Lake Minnetonka and are requesting input from the surrounding communities. They want to hear from communities to find out if a park is needed /wanted by these communities. b. HEARING - 1987 BUDGET The hearing opened at 7:45 and ended at 7:48. No members of the public appeared at this hearing. Mr. Redepenning moved and Mr. Anderson seconded the motion to adopt Resolution 86 -58 approving the 1986 tax levy payable in 1987. A poll of the vote was as follows: Mr. Anderson, Aye; Mr.Milbert, Aye: Mr. Shirley, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. • 0. SET HEARING FOR TRANSFER OF CBDG FUNDS Mr. Milbert moved and Mr. Redepenning seconded the motion to set a hearing date of November 5, 1986 for a public hearing. A poll of the vote was as follows: Mr. Anderson, Aye; Mr.Milbert, Aye: Mr. Shirley, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. BLAKE ROAD d. MINUTES OF THE OCTOBER 7. 1986 MEETING CANCEL STREET CONSTRUCTION - CAMBRIDGE STREET, WEST OF When Wendy's, now Rocky' R000co opened in 1973, considerable traffic problems °occurred on Blake Road. A second access road was considered by the Council, entering the properties west of Blake Road off of Cambridge Street. After the road was ordered constructed, Hennepin County Blake Road with a widened section, including turning reconstructed road now handles traffic adequately and Engineering department reoommended cancellation of project. reconstructed lanes. This safely. The the proposed Mr. Milbert moved and Mr. Anderson seconded the motion to adopt Resolution 86 -66 canceling improvements and preparation of plans. A poll of the vote was as follows: Mr. Anderson, Aye; Mr.Milbert, Aye: Mr. Shirley, Aye; Mr. Redepenning, Aye; Mayor Lavin, Aye. The motion carried unanimously. e. VARIANCE REQUEST - BURSCH'S RESTAURANT The applicant proposed to construct an addition to the existing building on the north side. The addition would have a capacity to seat 90 people and be used as an entertainment center. The proposed construction would require a 1 foot variance into the front yard setback. Mr. Milbert moved and Mr. Anderson seconded the motion to approve the variance with the following condition: that the applicant beoomes the owner of the property prior to October 16,1986, and based on the following findings of fact: 1. There would be no greater intrusion into the front yard than the existing building. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. MINUTES OF THE OCTOBER 7. 1986 MEETING f. CONDITIONAL USE PERMIT FOR DAY CARE - 1315 OXFORD ROAD The applicant is proposing to have a day care for children in her home for 11 children. The subject home is a duplex. Mr. Shirley moved and Mr. Redepenning seconded the motion to approve the Conditional Use Permit, with the following conditions: 1. That the applicant is licensed by the State of Minnesota. 2. That the residence is inspected by the City Anspectors. 3. That a fence be erected around a play area in the back yard. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. g. VARIANCE - WARRINGTON ASSOCIATES The variance request is in conjunction with the Conditional Use Permit application to construct an office building. The applicant is proposing to connect the proposed building and the existing building with a link. The link would require a side yard variance. Mr. Milbert moved and Mr. Anderson seconded the motion to adopt Resolution # 86 -64 with the following findings of fact: 1. A unique circumstance exists due to the inability of the applicant to purchase the subject property. 2. A hardship exists due to the access that is required to the proposed building. 3. The negative impact of the variance will be minimized due to the fact that the building will have the proper side yard setbacks, except for the link. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. h. CONDITIONAL USE PERMIT REQUEST - WARRINGTON ASSOCIATES The applicant is proposing to construct a 14,500 square foot office building on the empty lot dust north of the present site of the Warrington building at 601 - 2nd Avenue South. Mr. Anderson moved and Mr. Redepenning seconded the motion to adopt Resolution 86 - -63 making findings of fact and approving application for the Conditional Use Permit A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Hilbert, Aye; Mr. Shirley, Aye; Hr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously, MINUTES OF THE OCTOBER T. 1986 MEETING i. VARIANCE FOR BILLBOARD - NAEGELE, INC. A letter was received from the Naegele company requesting that this item be continued. Mr. Redepenning moved and Mr. Shirley seconded the motion to continue this item to the next meeting. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. j. VARIANCE REQUEST TO CONVERT CARPORT TO GARAGE__. 406 16TH AVENUE NORTH The applicant is proposing to convert the existing carport into a garage. Mr. Hilbert moved and Mr. Redepenning seconded the motion to adopt Resolution 86 -60 making findings of fact and approving the Variance. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Nay; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried k. CONDITIONAL USE PERMIT - REUTER The applicant is proposing to construct an addition to the structure at 410 - 11th Avenue South. The plans were changed since they were reviewed by the Zoning and Planning Commission. Mr. Milbert moved and Mr. Shirley seconded the motion to delay making a decision on this item until the staff had a chance to review the new propoaed plans and notify the neighboring community of the change in plans so that they would have a chance for input, and that the proposed plans be presented at the next regular meeting of the Council. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. 1. CHANGE OF OFFICIAL MAP The Zoning & Planning Commission proposed some changes in the Official Map. Hr. Milbert moved and Mr. Redepenning seconded the motion to set a hearing for November 5 to consider these changes. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. m. LIST OF JUDGES FOR THE GENERAL ELECTION Mr. Hilbert moved and Mr. Redepenning seconded the motion to approve the list of judges as presented. A poll of the vote was as follows: Hr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. • r n. ORDINANCE # 86 -567 "AMENDMENT OF SECTION 1035 "JUNK CARS, RACING CARS AND STOCK CARS. REMOVAL AND IMPOUNDING OF ABANDONED OR OTHER VEHICLES CONSTITUTING A PUBLIC NUISANCE" Mr. Milbert moved and Mr. Anderson seconded the motion to approve the Ordinance for first reading. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. N. W. Bell Telephone Company is proposing to place underground cable on Ninth Avenue South at 130 - 9th Avenue South. Mr. Anderson moved and Mr. Redepenning seconded the motion to approve the request for permit. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. The applicant requested a permit to place underground cable on Second Street South, west of 7th Avenue South. Mr. Anderson moved and Mr. Redepenning seconded the motion to approve the request. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried unanimously. Mayor Lavin received a letter from Barbara Bourne resigning from the Zoning & Planning Commission immediately. Mayor Lavin recommended the appointment of Toni Richardson, 204 Farmdale Road. Mr. Shirley moved and Mr. Anderson seconded the motion to approve the Mayor's appointment. A poll of the vote was as follows: Mr. Redepenning, Aye; Mr. Hilbert, Nay; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Lavin, Aye. The motion carried. REPORTS: MINUTES OF THE OCTOBER 7. 1986 MEETING o. ?EQUEST FOR PERMIT - NORTHWESTERN BELL p. REQUEST FOR PERMIT - ROGERS CABELSYSTEMS q. MAYOR'S APPOINTMENT TO THE ZONING & PLANNING COMMISSION Mr. Rapp reported that there would be a Cable Commission meeting regarding Rogers Cablesystem's request to change the channel line -up. This would eventually effeot the access channels. VI. ADJOURNMENT Mr. Redepenning moved and Mr. Shirley seconded the motion to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 9:30 p.m. Respectfully submitted, COUNCILMEMBERS: Jean Reeding