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12-09-1980 A regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, December 9, 1980, at 7 : 30 p.m. , in the City Hall. Present were Mayor Miller, Councilmembers Milbert, Slaton and Arimond, also City Manager Craig, City Clerk Richardson, City Engineer Strojan, Asst. 0 Engineer Anderson, Building Inspector Kohnen and City Attorney Vesely. Absent: Operations Director Beecher and Councilmember Lohmann. Reel 167 Mr. Milbert moved, and Mrs. Arimond seconded the motion that Side 1 the items under the CONSENT CALENDAR, be approved: 6- 1. Minutes of the November 18, 1980, Council meeting. 2 . Additional 1980 misc. license applications. (see attached) A poll of the vote was as follows : Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. * * * * * * * * * * Action: Mrs. Arimond moved, and Dr. Slaton seconded the motion, that the -14 expenditures dated December 9 , 1980, Warrant No. 606 , in the amount of $300, 572 . 14 , be approved and authorized for payment. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. • Bid: Pursuant to notice bids were opened on November 26, 1980, at 9 : 00 a.m. for sale of a portion of the former Hopkins Landfill and the following bid was received. (see attached) Action: Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the 14-39 bid of A B J Enterprises, Inc. , be accepted and that the Mayor and City Manager be authorized to sign the necessary legal documents. A poll of the vote was as follows : Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller,yea. Motion carried un- animously. Hearing: Item: 80-181-R. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that 39- Resolution No. 80-2897, "RESOLUTION DECLARING CERTAIN BUILD- INGS LOCATED ON THE PREMISES HEREINAFTER LEGALLY DESCRIBED AS HAZARDOUS AND ORDERING ITS DEMOLITION AND REMOVAL" , be adopted. (Homedale Nursery property) A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried un- animously. • Item: 80-111-R. Mr. Milbert moved, and Dr. Slaton seconded the motion, that -52 the recommendation from Mayor' s Downtown Committee for approval to hire a Consultant to undertake a survey of the Central Business District, be continued to the December 16, 1980, Council meeting. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-92-0. Mrs. Arimond moved, and Mr. Milbert seconded the motion, that 52- Ordinance No. 80-478, "AN ORDINANCE AMENDING HOPKINS ZONING ORDINANCE NO. 427, BY REZONING A PART OF LOTS 11 THROUGH 18 , BLOCK 23, AND LOTS 1 THROUGH 12 , BLOCK 33, WEST MINNEAPOLIS CENTER AND TRACTS C AND D, REGISTERED LAND SURVEY NO. 1143, FROM R-1-A TO I-2 USE" , be continued to the January 6, 1981, Council meeting. A poll of the vote was as follows : Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-161-Z. Mrs. Arimond moved, and Mr. Milbert seconded the motion, that the recommendation from Zoning & Planning for Council approv- e al of an application by Super Valu Stores, Inc. , for a Condi- tional Use Permit to construct a grocery warehouse on Monroe Avenue So. , subject to Super Valu discussing aesthetics of boundary with the neighbors to reach accord, be continued to the January 6, 1981 Council meeting. Minutes of the December 9 , 1980, Council meeting continued. Page 2 . Item: 80-162-Z. Mrs. Arimond moved, and Mr. Milbert seconded the motion, that the recommendation from Zoning & Planning for Council approval of an application by Super Valu Stores, Inc. , for • a variance in the I-2 zone from the required 40 ft. setback abutting a R-1-A zone to 0 setback to construct a grocery warehouse, subject to staff memo, be continued to the January 6, 1981, Council meeting. A poll of the vote on the above two items was as follows: Mrs . Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-177-0. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that Ordinance No. 80-479, "AN ORDINANCE AMENDING SECTION 409 OF THE 1977 HOPKINS CODE OF ORDINANCES PERTAINING TO SIGN AND BILLBOARD PERMITS" , be continued to the January 6 , 1981, Council meeting. Item: 80-178-0. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that -65 Ordinance No. 80-480, "AN ORDINANCE AMENDING HOPKINS ZONING ORDINANCE NO. 427 PERTAINING TO CERTAIN CONDITIONAL USE PERMITS FOR SIGNS AND AMENDING SECTION 427. 38 AS TO OFFICES IN I DISTRICTS" , be continued to the January 6 , 1980, Council meeting. • A poll of the vote on the above two items was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs . Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-183-0. Dr. Slaton moved, and Mr. Milbert seconded the motion, that 65- Ordinance No. 80-481, "ORDINANCE ESTABLISHING WATER AND SANITARY SEWER RATES AND CHARGES AND REPEALING ORDINANCE NO. 78-439, AND 79-470" , be accepted for the second reading thereof and according to law same to be ordered published. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea.Motion carried unanimously. Item: 80-184-0. Dr. Slaton moved, and Mr. Milbert seconded the motion, that -83 - Ordinance No. 80-482, "AN ORDINANCE AMENDING CHAPTER V, SECTION 500 : 00 OF THE CITY OF HOPKINS 1977 CODE OF ORDIN- ANCES RE: LIQUOR LICENSE FEES AND BUSINESS LICENSE FEES" , be accepted for the second reading thereof and according to law same to be ordered published. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arithbnd, • yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-191-Z. Mr. Milbert moved, and Mrs.Arimo.nd seconded the motion, that 91- the request by James Stolhanske of 331 Burnes Drive for a variance to reduce the required front yard setback of 30 ft. to 26 ft. at the Southwest corner of his new attached garage for a distance of 8 ft. at which point he meets the required 30 ft. and also due to the uniqueness of the lot, be approved as recommended by Zoning & Planning. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried un- animously. Item: 80-185-P. Mr. Milbert moved, and Dr. Slaton seconded the motion, that 91-155 the petition from businesses in Hopkins requesting a change in hours for the downtown parking area by adding one more hour to the two hour limit and put up signs in all four directions of "Welcome to Hopkins Downtown Business Area" , (5th Ave. to Shady Oak Road on Excelsior Ave. ) and to continue this policy to the January 6, 1981, Council meeting. A poll of the vote was as follows: Mr. Milbert, 410 yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-187-R. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that Minutes of the December 9, 1980, Council meeting, cont. Page 3. Item: 80-187-R. , cont. Resolution No. 80-2894, "RESOLUTION REVOKING MUNI- CIPAL STATE AID STREETS" , be adopted. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, • yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-188-R. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that Resolution No. 80-2895, "RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS", be adopted. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unani- mously. Item: 80-189-E. Mrs. Arimond moved, and Dr. Slaton seconded the motion, that -184 Resolution No. 80-2898, "RESOLUTION ORDERING ENGINEER' S REPORT ON IMPROVEMENT OF ST. LOUIS STREET AND TYLER AVENUE" , be adopted. A poll of the vote was as follows : Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-192-Z. Mrs. Arimond moved, and Mr. Milbert seconded the motion, to 184-232 accept the report from the Zoning & Planning Commission on the request by Dominium Corp. , for proposed development of 134 townhouses on a 20 acre parcel of land in the southwest • corner of the City - ' that there be no development on the 40 acre parcel in the southwest corner of the City without working with citizen groups, investigation of our Compre- hensive Plan in light of park land ratio for population, the bonding vs assessment procedure for obtaining park land and that extension of city services of any sort not be done in- cluding streets until those studies are completed and such report is completed by March 1, 1981' . A poll of the vote was as follows : Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried un- animously. Item: 80-193-R. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that 232-239 Resolution No. 80-2896, "RESOLUTION ENDORSING ACTION BY HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY TO PRESERVE RIGHT-OF-WAY OF THE CHICAGO, NORTHWESTERN RAIL LINE BETWEEN MINNEAPOLIS AND NORWOOD, MINNESOTA FOR PUBLIC USE" , be adopted. A poll of the vote was as follows: Mrs . Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-194-A. Mr. Milbert moved, and Dr. Slaton seconded the motion, that • 239- the Joint Use Rental Agreement for 1981 with the Metropoli- tan Waste Control Commission, be approved and the Mayor and Manager authorized to sign same. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-195-A. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the Interceptor Maintenance Agreement for 1981 with the Metropolitan Waste Control Commission, be approved and the Mayor and Manager authorized to sign same. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried un- animously. Item: 80-196-A. Mrs. Arimond moved, and Mr. Milbert seconded the motion, -263 that the Agreement for the provision of environmental health services for 1981 with the Hennepin County Health Department, be approved and the Mayor and Manager authorized to sign same. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. • Motion carried unanimously. Item: 80-197-R. Mrs. Arimond moved that the liquor license for Richard' s 263- Liquors be suspended for one day due to the sale to a minor. Motion lost for lack of a second. Minutes of the December 9, 1980, Council meeting, cont. Page 4. Item: 80-197-R. cont. Mr. Milbert moved, and Dr. Slaton seconded the motion, -357 that based on the information given Council re the 111110 request for a short suspension of the liquor license of Richard' s Liquor,be made a matter of record and if such infraction should occur in the future, the owner be notifed that his license will be suspended for a certain period of time. A poll of the vote was as follows: Mrs.Arimond, nay; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried . Item: 80-198-R. Mr. Milbert moved, and Dr. Slaton seconded the motion, that 357-363 Resolution No. 80-2897, "RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF WARRANTY DEED CONVEYING CERTAIN PREMISES IN SOUTH ONE-HALF OF SECTION 25-117-22 TO THOMAS W. RUTLEDGE" , be adopted, and the Mayor and City Manager be authorized to sign same. A poll of the vote was as follows: Mr.Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-199-0. Mrs. Arimond moved, and Mr. Milbert seconded the motion, 363- that Ordinance No. 80-484, "ORDINANCE SETTING GARBAGE FEES" , be accepted for the first reading. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller yea. Motion carried unanimously. ,40 Item: 80-200-0. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that -432 Ordinance No. 80-485, "ORDINANCE SETTING THEATRE LICENSE FEES" , be accepted for the first reading. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Ariinond, yea; and Mayor Miller, yea. Motion carried un- animously. Item: 80-201-R. Mr. Milbert moved, and Mrs. Arimond seconded the motion, 432-453 that the request by Dick Owens for return of deposit on bid for fire truck, be approved. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea and Mayor Miller, yea. Motion carried unanimously. Item: 80-202-R. Mrs. Arimond moved, and Dr. Slaton seconded the motion, that 453-458 Council approve the request for permission to seek bids for a 1981 Street Sweeper. A poll of the vote was as follows : Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80-203-C. After discussion of the communication received from Repre- 011 458-481 sentative Knickerbocker re: City of Hopkins needs for special legislation this year, no formal action was taken by Council. Item: 80-190-F. Mr. Milbert moved, and Mrs. Arimond seconded the motion, 481-492 that the request from Fire Marshal for a fire lane for emergency access point from Excelsior East to South Parking lot of Red Owl - 215 E. Excelsior, be continued to the December 16th Council meeting. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea.Motion carried unanimously. Item: 80-186-R. Dr. Slaton moved, and Mr. Milbert seconded the motion, that 492-588 the request from Don Hagen and Herb Mason to extend time of Purchase Agreement be approved,and extension be granted for 90 days,and this lot continue to be used as a permit parking lot until such time as it is turned over to Hagen & Mason. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, nay; and Mayor Miller, yea. Motion carried. Aft Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, that the IMF 588 meeting be adjourned. Motion carried. Minutes of the December 9, 1980, Council meeting, cont. Page 5. 011 #01b / D.rothy . Jo ns,. dw ecretary to Council COUNCILP.MBERS Imo. )4:7,( 24-242-- // -- 111c ATTE `----- 4 .4./ (v C, (,, ( 'L- JJ're A. Miller, Mayor / 411 o 1980 License Council Approval Dec./2; 1980 #228 Pep Oil Co. Groceries, Cigarettes 240 Blake Rd No. #229 Treats Inc. Manufacture food 11 7th. Ave. No. #230 Larson Mac Company Inc. Install gas burners 1509 Coon Rapids Coon Rapids I 411 • A B J ENTERPRISES, INC. 464 Second Street Excelsior, Minnesota 55331 Phone: (612) 941-1660 November 25, 1980 City of Hopkins Hopkins City Hall 1010 First Street South Hopkins, MN 55343 RE: Sale of the Portion of the Former Hopkins Landfill Gentlemen: I wish to submit the following bid for the approximately 1.88 acres of land which was a portion of the former Hopkins landfill and which is legally described in the Council 's Resolution No. 80-2885 of October 21, 1980: For said parcel the sum of Forty Thousand One Hundred and no/100 ($40,100.00) • Dollars for marketable title to said parcel . This parcel is to be developed as an office-warehouse type of facility, the size and nature of which will be dependent upon setback and other building requirements and economic feasibility based upon soil conditions. I am willing to be bound by forfeitable cash deposit or other mututally satisfactory means to the substantial completion of such an improvement by the fall of 1981 conditioned upon the granting of building permit and other necessary approvals. This bid is based upon the assumption that the City will be dedicating the necessary road right-of-way as indicated in the City Engineer' s sketch. This bid is also based upon the assumption that the City does not intend to install a methane gas collection system on the remainder of the dump site. If the City does intend to commit itself to some sort of collection system, this bid would be increased accordingly. ALTERNATE PROPOSAL • In addition to the above bid, I wish to propose the purchase of the tract designated as Tract A on the attached sketch for a price of Twelve Thousand and no/100 (512,000.10) Dollars per acre. Although it would appear that soil conditions are less desirable on this parcel , I believe that this proposal would be of benefit to both myself and e city in that it would permit the development of a more substantial office-ware- use facility and would facilitate the development of the land designated as 40 rcel A beyond what its potential might otherwise be. Respectfully submitted, 11 of / 41`T. - .. 0 . rJ .- Arthur Johnson /bcf • 144 ........%., � � A i E_ es 76 . 1' • • "Ze.............— ..._ _ -\, ,‘ S S37•4: 5:i 4-' '11:::: 9 / • .>� + V / 3 LJ p I " • Z O r ,,• G. t4a o 0 00I0 44 .• ` �0 o. - 3., NIr • • .. 10 ,2..: . a: / a Zt.J. „moo. I . • • _• _ �. -- ;41‘1C---1.1‘4411.—___ P•n } _lam ry�"" lg.,.1... .., .2,...._:: ....F1 • Sri/t • N •• NO N 1f I. fJ a: •y 'N N f1 ` a. . • - ,a.- , 122-123 ` r psi leSr • r•• 1;].: no .�...rZ.4GT A = Z. IS.at, + i 3 .:1 —1— z - T2 nS _ o. 7 2 a a t (amu r.'c si.,•ee.ft 6 t= 2,87 • _was _ 1.0 _ . LL • • • en N •Cs' i95 93 P . t N87'23n '4 .., •T ' O 2 • • F-: .........., en o r • -g._: . • (4CC) • ` S . .