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MINUTES A ~egula~ meeting of the Hopklns Clty counCll waS held on luesday May ( at (:jU p.m., ln tne Councll Chambers of the Clty Hall. Present were Mayor Mlller, Councll members, Lavln, Mllbert, Anderson, Shlrley, and Anderson. Also present were staff members, actlng Cl ty Manager, StroJan; Cl ty Clerk/Assessor Renne; PubllC Works Operatlons Dlrector, Beecher; BUlldlng Inspector, Kohnen; Park and Recreatlon Dlrector, Wllson; Pollce Chlef, Johnson; Admlnlstratlve Asslstant, Genellle and Clty Attorney, J erre Mlller. PROCLAMATIONS: The Mayor proclalmed May 13 thru 18th "MAINSTREET DAYS" The Mayor proclalmed May 5 thru 11 "Small Buslness Week". The Mayor proclalmed May 12 - 18th "Pollce Week" CONTRACT: Proposed Contract for new Clty manager ACTION: Mr. Shlrley moved and Mr. Anderson seconded the motlon to approve the contract wlth Cralg R. Rapp for Clty Manager. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mrs. Lavln, Aye; Mayor Mlller, Aye. The motlon carrled unanlmously. INTRODUCTION: Mr. Cralg R. Rapp was lntroduced as the new Hopklns Clty Manager as of June 10, 1985 MINUTES: Mr. Shlrley moved and Mr. Anderson seconded the motlon to approve the mlnutes of the May 16, 1985 meetlng. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mrs. Lavln, Aye; Mayor Mlller, Aye; The motlon carrled unanlmously. LICENSES: Mr. Mll bert moved and Mr. Anderson seconded the motlon to approve the mlscellaneous 1985 llcense appllcatlons (llSt attached) # 293 thru #304. A poll of the vote was as follows: Mrs. Lavln, Aye; Mr. Mll bert, Aye; Mr. Shlrley, Aye; Mr. Anderson, Aye; Mayor Mlller, Aye. The motlon carrled unanlmously. BILLS: Mr. Mllbert moved and Mr. Anderson seconded the motlon to approve Prellst # 713, dated May 7,1985 ln the amount of #380,474.33. A poll of the vote was as follows: Mrs. Lavln, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mr. Anderson, Aye; Mayor Mlller, Aye. The motlon carled unanlmously. PERMITS: Request by Northwestern Bell Telephone Co. for permlt to place (1) burled cable on the north slde of 7th Street South from 11th Avenue to a pOlnt 315 feet east and crosslng 7th at thlS pOlnt. (2) to replace aenal cable on the north slde of 7th Street South from 13th Avenue to the alley between 11th and 12th and to replace aerlal cable ln the alley between 11th and 12th Avenues from 7th Street to pOlnt 110 feet north. ACTION: Mr. Mllbert moved and Mr. Shlrley seconded the motlon to approve the request. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Mllbert, Aye; Mr. Shlrley, Aye; Mrs. Lavln, Aye; Mayor Mlller, Aye. The motlon carrled unanlmously. BIDS: Tabulatlon of blds for seal coat for 1985. ACTION: Mr. Mllbert moved and Mr. Anderson seconded the motlon to award the contract to Allled Blacktop Company ln the amount of $33,628.50, total as recommended by the PubllC Works Operatlons Director. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mrs. Lavln, Aye; Mayor Mlller, Aye. The motlon carrled unanlmously. Item 85-53: Bankers Realty Group - Superblock Mr. Parkhlll appeared before Councll and requested that the rlght be reserved for Bankers Realty to ask for the 1.9 mllllon ln I. R. bonds at the tlme they present the Development agreement. He stated that they would present the development agreement to the CounCll at the flrst meetlng ln July (July 2). He also asked that the staff be gl ven the approval to go ahead wlth appralsals on the propertles ln the Superblock. __ ACTION: Mrs. LaVln moved and Mr. Shlrley seconded the motlon to dlrect the staff to proceed to obtaln the appralsals on the Superblock property. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Nay; Mrs. Lavln, Aye; Mayor Mlller, Aye. The motlon carrled. Item 85-65 Page 2 " Minutes of the May 7, 1985 Council Meeting" ACTION: Item 85-66 ACTION: atem 85-67 Item 85-68 ACTION: Item 85-69 ACTION: Item 85-70 Item 85-71 ACTION: Item 85-72 ACTION: Ordwance Number 85-550 "AN ORDINANCE AMENDING ORDINANCE # 81-486 TO CHASNGE THE NAME OF GRANTEE: TO EXTEND THE FRANCHISE TERM: TO CHANGE THE INSURANCE REQUIREMENTS: AND TO CHANGE THE COMPUTATION OF THE PURCHASE PRICE TO BE PAID BY CITY UPON EXPIRATION OF THE FRANCHISES" Mr. Mllbert moved and Mr. Shlrley seconded the motlon to contlnue thlS ltem. The poll of the vote was as follows: Mr. Anderson, Nay: Mr. Shlrley, Nay; Mr. Mllbert, Aye; Mrs. Lavln, Nay; Mayor Mlller, Nay. The motlon dld not carry. . Thge CounCll stated that they would not agree Wl th the Cable company negotlatlons unless they were assured that Hopklns would be allowed to keep thelr local access StudlO and the local access coordlnator. Mr. Shlrley moved and Mrs. LaVln seconded the motlon to approve thlS Ordlnance for flrst readlng. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Mllbert, Nay; Mrs. Lavln, Aye; Mayor Mlller, Aye. The motlon carrled. Ordlnance number 85-551 " AN ORDINANCE RELATING TO CABLE TELEVISION SERVICE PROVIDING FOR MODIFICATION OF THE REQUIREEMENTS OF THE CITY'S CABLE COMMUNICATIONS ORDINANCE". Mr. Shlrley moved and Mrs. Lavln seconded the motlon to approve thlS Ordlnance for flrst readlng. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Nay; Mrs. Lavln, Aye; Mayor Mlller, Aye. The motlon carrled. No actlon was taken on the performance agreement relatlng to above. Petitlon regardlng Communlty Center card room carpetlng. Mr. Mllbert wanted to go on record as belng ln agreement wlth the people who do not want the room carpeted. He said he feels 1 t lS klnd of a hazard because there are people who don't have full moblllty of thelr feet and lt lS hard to plvOt on carpet. Mrs. Lavln moved and Mr. Shlrley seconded the motlon to refer thlS ltem to the Senlor Cl tlzens Advlsory CounCll. A poll of the vote was as follows: Mrs. Lavln, AyeX Mr. Milbert, Aye; Mr. Shlrley, Aye; Mr. Anderson, Aye; Mayor Mlller, Aye. The motlon carrled unanlmously. ResolutlOn # 85-3189 "A RESOLUTION IN OPPOSITION TO THE VACATION OF A CERTAIN REVERSIONARY CLAUSE CONCERNING RECREATIONAL PLAYGROUND USE OF PUBLIC PROPERTY". Mr. Mllbert moved and Mrs. Lavln seconded the motlon to adopt the Resolutlon. A poll of the vote was as follows: Mrs. Lavln, Aye; Mr. Mllbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Mlller, Aye. The motlon carrled unanlmously. ResolutlOn # 85-3190 "A RESOLUTION WITHDRAWING APPROVAL FOR A COMMERCIAL REHABILITATION LOAN AND VOIDING ALL PREVIOUS COUNCIL ACTIONI\I THEREON" Mr. Shlrley moved and Mrs. Lavln seconded the motlon to adopt the ResolutlOn. A poll of the vote was as follows: Mrs. Lavln, Aye; Mr. Mllbert, Aye; Mr. Shlrley, Aye; Mr. Anderson, Aye; Mayor Mlller abstalned. The motlon carrled. Request for 3.2 beer llcense by the Hopklns Jaycees for Maln Street Project dance to be held May 17, 1985 between the hours of 7 p.m. and 12 mldnlght. Mrs. Lavln moved and Mr. Mllbert seconded the motlon to approve the 3.2 beer llcense and allow the Jaycees to use a keg and cups to serve the beer. A poll of the vote was as follows: Mrs. LaVln , Aye; Mr. Mllbert, Aye; Mr. Shlrley, Aye; Mr. Anderson, Aye; Mayor Mlller, Aye. The motlOn carrled unanlmously. Request for llcense to hold a Blngo game at the Communlty Center, May 11, 1984 from 1 p.m. untll 4 p. m. Mr. Anderson moved and Mr. Shlrley seconded the motlon to approve the request. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mrs. Lavln, Aye; Mayor Mlller, Aye. The motlopn carrled unanlmously. Item 85-73 Page 3 " M1nutes of the May 7, 1985 Counc1l Meetlng" ACTION: Item 85-74 Item 85-75 ACTION: Item 85-76 Recommendat1on by Z & P Commlss1on for approval of the varlance requested by Rapld 011 Change, Inc. of 1124 East Excels10r Avenue to expand a non-conformlng use for add1t1on of a thlrd bay, keeplng the allgnment of the eX1stlng structure, wlth total pa1ntlng when complete, removal of the tanks and a landscape plan revlewed and approved by the Zon1ng & Plann1ng Comm1sslon. Mr. Mllbert moved and Mrs. Lav1n seconded the mot1on to approve the var1ance as recommended by the Zonlng and Plann1ng Commlsslon, keeplng the allgnment of the eX1stlng structure, wlth total palntlng complete, removal of the tanks and hav1ng the landscape plan reVlewed and approved by the ZOnlng & Plannlng Commlsslon. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. M1lbert, Aye; Mrs. Lav1n, Aye; Mayor Mlller, Aye. The mot1on carr1ed unan1mously. Recommendat1on by Z & P Comm1sslon for approval of an appllcatlon for a Cond1t1onal Use Permlt by Share Clln1c, 712 Second Avenue south, to change the locatlon of a slgn. Mr. Mllbert appl1catlon. Shlrley, Aye; motlon carr led moved and Mrs. Lavln seconded the mot1on to approve the A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Mr. M1lbert, Aye;Mrs. LaVln, Aye; Mayor Mlller, Aye. The unanlmously. RecommendatIon by tb e Z & P Commlsslon for approval of an appllcatlon for a var1ance requested by Leroy Herman of 416 Murphy Avenue to construct a garage that exceeds the maXlmum square footage allowed. Mr. Anderson moved and Mr. Mllbert seconded the mot1on to approve appllcatlon. A poll of the vote was as follows: Mr. Anderson, Aye; Sh1rley, Aye; Mr. M1lbert, Aye; Mrs. Lavln, Aye; Mayor Mlller, Aye; motlon carrled unan1mously. the Mr. The Recommendatlon by Z & P for approval of an appllcat1on; by J. B. Doughty of 6 East St. Albans Road for a Walver of the PlattIng requ1rements to dlvlde saId property to construct a new resIdence. ACTION: Mr. M1lbert moved and Mrs. LaVln seconded the motlon to approve the appllcatlon, as recommended by the Zonlng & Planning Commlss1on.'& adopt Res. #85-3193. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mrs. Lav1n, Aye; Mayor Mlller, Aye. The motIon carrled unanlmously. Item 85-77 A4CTION: .'ur)l, : Item 85-78 ACTION: 1(" () "I ' I Recommendatlon by Zonlng & Plannlng Commlsslon for APPROVAL OF AN APPLICATION BY Hopklns Health Care of 724 WashIngton Avenue South for a Cond1t1onal Use Permlt to locate a slgn 1n the rear yard setback. Mrs. LaVln moved and Mr. M1lbert seconded the motlon to approve the appllcatlon. A poll of the vote was as follows: Mrs. Lavln, Aye; Mr. MIlbert, Aye; Mr. Sh1rley, Aye; Mr. Anderson, Aye; Mayor Mlller, Aye. The mot1on carrIed unan1mously. RecommendatIon by Z & P for approval of an appllcatlon by Rudy Luther's Hopklns Motors, Inc to rezone from R-I-C to B-3 a port1on of the Hopk1ns Theatre property at 459 West Excelslor Avenue, wlth condltlons. Mrs. Lavln moved that the rezonIng be denled. The motlon dIed for lack of a second. Mayor Miller moved and Mr. Anderson seconded the motlon to approve the rezonlng of the property at 459 West Excelslor Avenue from R-I-Cto B-3 by Ordlnance # 85-553 wlth the followlng condltlons: (1) Resolut1on amendlng the Comprehenslve Plan and approved by the Metro Counc1l. (2) that an agreement be entered 1nto between the appllcant and the CIty that would lncorporate the safeguards to prevent the appllcant and ltS successors and asslgns from expandlng lnto any "R" zone for parklng purposes and flled wlth the Abstract of Tltle. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Sh1rley, Aye; Mr. M1lbert, Aye; Mrs. Lavln, Nay; Mayor Mlller, Aye. The motlon carrled. Page 4 " Minutes of the May 7, 1985 Council meeting" I tern 85-79 RecommendatIon by Z & P Commlsslon for approval of an appllcatlon by Rudy Luther's Hopk1ns Motors, Inc. for a Condltlonal Use Perm1t to operate an auto s al e s and serVlce bUSlness at 459 West Excelslor Avenue, wlth condltlons as Ilsted. ACTION: Mr. Shlrley moved and Mr. Anderson seconded the motIon to approve the applIcatIon WIth the follOWIng condItIons: (1) that an agreement be entered Into WIth the CIty and applIcant to prevent Rudy Luther's HopkIns Motors from expandIng lnto the reSIdentIal dIstrIct for development, IncludIng parkIng purposes; (2) that an agreement be entered lnto that would prOVIde for the current locatIon of the Rudy Luther HopkIns Motors beIng contInued, the applIcant would waIve relocatIon expenses, would accept the appraIsal arbl tratlon process to determIne market value and would not clalm any partIal takIng lnvolvlng the operatlon on theIr new SIte, waIvers be a perIod of three years (all these relate to pOSSIble condemnatIon or use of the property for development purposes); (3) that there would be no external loud speaker system; (4) approval by the FIre Marshal; (5) adJJstments to parkIng to satIsfy staff concernIng maneuverabIlIty for the publIC parkIng; (6) lImItatIons on test-drIVIng WIthIn the reSIdentIal area; (7) maIntenance of landscape areas on CIty property; (8) acceptable landscapIng Inludlng fences and/or berms acceptable to staff and neIghbors; (9) screenIng of mechanIcal deVIces; (10) off-street loadIng and unloadIng of parts and cars; (11) contIngent upon approval of the varIance In the next Item. AS poll of the votes was as follows: Mrs. LaVIn, Nay; Mr. ShIrley, Aye; Mr. Mllbert, Aye; Mr. Anderson, Aye; Mayor Mlller, Aye. The motIon carrIed. Item 85-80 RecommendatIon by Z & P CommISSIon for approval of an applIcatIon by Rudy Luther's HopkIns Motors, Inc. for a varIance for an auto sales lot to be larger than the bUIldIng deSIgnated to the bUSIness. ACTION: Mr. Mllbert moved and Mr. Anderson seconded the motIon to approve the varIance. A poll of the vote was as follows: Mrs. LaVIn, Nay; Mr. Milbert, Aye; Mr. ShIrley, Aye; Mr. Anderson, Aye; Mayor MIller, Aye. The motIon carrIed. Item 85-81 RecommendatIon by Z & P CommISSIon to approve an applIcatIon by HopkIns School Dlstrlct No. 270 for a VarIance to exceed the maXImum area of a slngle SIgn and also to exceed the total area of all SIgns. aCTION: Mr. ShIrley moved to accept the recommendatIon of ZonIng & PlannIng. The motIon dIed for a lack of seoortd. Mr. Anderson moved and Mrs. LaVIn seconded the motIon to deny the recommendatlon and deny the varIance. A poll of the vote was as follows: Mrs. LaVIn, Aye; Mr. Mllbert, Aye; Mr. ShIrley, Nay; Mr. Anderson, Aye; Mayor MIller, Aye. The motIon carrIed. Item 85-82 RecommendatIon by Z & P CommISSIon to approve an applIcatIon by Gll Johnson for a WaIver of the Plattlng ReqUIrements to allow dIVISIon of Lot 13, Block 71, West Mlnneapolls Second DlV1Slon also known as 1213 ExcelSIor Avenue, subJect to a legal descrIptIon acceptable to City and County beIng approved. ACTION: Mr. ShIrley Resolut1on # the vote was Mr. Mllbert, MIller, Aye. moved and Mr. Anderson seconded the motIon to adopt 85-3192 provldlng for a WaIver of Plat. A poll of as follows: Mr. Anderson, Aye; Mr. ShIrley, Aye; Aye; Mr. ShIrley, Aye; Mrs. Lavln, Aye; Mayor The motlon carrIed unanlmously. page 5 "Mlnutes of the May 7, 1985 Councll meetIng" Item 85-83 ACTION: Item 85-84 ACTION: I tern 85-85 _ACTION: Item 85-86 ACTION: # 85-3194 orderlng Item 85-87 ACTION: Item 85-88 ACTION: Item 85-89 ACTION: RecommendatIon by Z & P Commlsslon to grant a lease to Lambert Landscaplng & Sod for a portIon of the Landflll property for a seasonal landscaplng bUSIness. Mr. Shlrley moved and Mr. Anderson seconded the motlon to grant the lease and authorlze the Mayor and Clty Manager to slgn. A poll of the vote was as follows; Mrs. Lavln, Aye; Mr. Mllbert, Nay; Mr. Shlrley, Aye; Mr. Anderson, Aye; Mayor MIller, Nay. The motlon carrled. RecommendatIon from Pollce and Englneerlng to place parkIng restrIctlons at the IntersectIon of 16th Avenue and 6th Street South for vehlcle safety. (see attahce sketch) Mrs. LaVIn moved and Mr. Shlrley seconded the motlon to contInue thlS Item. A poll of the vote was as follows: Mrs. Lavln, Aye; Mr. Mllbert, Aye; Mr. Shlrley, Aye; Mr. Anderson, Aye; Mayor Mlller, Aye. The motlon carrIed unanlmously. Request by KeVIn Maas on behalf of Sandy's T. V. and Appllcance for postlng a truck loadlng zone on the east slde of 10th Avenue South (see attached letter and sketches) Mr. Mllbert moved and Mr. Anderson seconded the motlon to refer thlS Item to CCDC (Clty Center Development CorporatIon). A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mrs. LaVIn, Aye; Mayor Mlller, Aye. The motlon carrled unanlmously. Request by John L. MerrIll to bUIld a retalnlng wall extendIng 6 feet lnto Clty easement on North slde of house at 146 - 15th Avenue North. Mr. Mllbert moved and Mr. ShIrley seconded the motIon to adopt Res. an engIneer's report and set up a hearlng allowlng the the Clty to assess the costs of a new retaInIng wall. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mrs. LaVIn, Aye; Mayor Mlller, Aye. The motlon carrled unanlmously. Recommendatlon by PolIce Department for consIderatIon of a "No Parklng" zone ln front of 40 - 6th Avenue South (Ernle Duda resldence) to facllltate access for handlcapped chIldren beIng cared for at thlS home. Mr. ShIrley moved and Mr. Anderson seconded the motlon to accept the Pollce department recommendatlon to set up the No Parklng zone. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mrs. LaVIn, Aye; Mayor Mlller, Aye. The motIon carrIed unanImously. Resolutlon # 85-3191 "RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND CERTIFICATIONS" (Ion ElectronICS) Mr. Shlrley moved and Mr. Mllbert seconded the motlon to adopt the Resolutlon. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley,Aye; Mr. Mllbert, Aye; Mrs. Lavln, Aye; Mayor Mlller, Aye; The motlon carrIed unanlmously. Mayor's appolntment of Suzanne Brandon, 108 Farmdale East to the ZonIng & PlannIng Commlsslon. Mrs. LaVIn moved contInue thlS ltem as follows: Mrs. Aye; Mr. Anderson, unanlmously. and Mr. Anderson seconded the motIon to to the next meetIng. A poll of the vote was Lavln, Aye; Mr. Mllbert, Aye; Mr. ShIrley, Aye; Mayor Mlller, Aye. The motlon carrled Page 6 "Mlnutes of the May 7, 1985 Counc1l meetIng" Item 85-90 Ordlnance # 85-552 "AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF SHADE TREE DISEASES: PRESCRIBING A PENALTY: AND REPEALING HOPKINS CITY ORDINANCE SECTIONS 1025:00 THROUGH 1025:5" ACTION: Mrs. Lavln moved and Mr. Mllbert seconded the motIon to delete sectlon 8A and approve for fIrst readIng. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shlrley, Aye; Mr. Mllbert, Aye; Mrs. Lavln, Aye; Mayor Mlller, Aye. The motIon carrled unanlmously. Item 85-91 Request by HopkIns Jaycees to change the hours on thelr 3.2 beer permlt (see Item 85-71) to 4 p.m. to 11 p.m. ACTION: Mr. S hl rl ey moved and Mrs. La v ln seconded the mo tlon to gran t thelr request. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. ShIrley, Aye; Mr.Mllbert, Aye; Mrs. LaVIn, Aye; Mayor Mlller, Aye. The motIon carrIed unanImously. The Councll requested that the MetropolItan Council regardlng garbage recyclIng site In Hopklns. Mayor wrlte the Reuter a letter proposal to the for a ADJOURNMENT: The meetIng was adJourned by unanImous vote at 1:22 a.m. Respectfully submItted, Jean Kaedlng, Secy. A~~I Mayor e COUNCI~MEMB RS: 1/1 2J F~/ (\J ~ ~ ~ tJt~ ~~ Il