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1983 MINUTES A regular meeting of the City Council of the City of Hopkins, Minnesota was held on August 2, 1983 at 7:30 p.m. . Present were Council members Milbert, Shirley, Lavin and Anderson. Mayor Miller was absent. Also present were City Manager, Craig; City Engineer, Strojan; City Clerk, Renne; Public Works Director, Beecher; Assitant Community Development Director, Norris; Assistant City Engineer, Anderson and City Attorney Vesely. Mr. Milbert presided over the meeting in the absence of Mayor Miller. MINUTES: Mrs. Lavin moved and Mr. Shirley seconded the motion to accept the minutes of the special meeting of July 14, 1983. A poll of the vote was as follows: Mr. Milbert, Aye; Mr. Shirley, Aye; Mrs. Lavin, Aye; Mr. Anderson, Aye. The motion carried unanimously. Mr. Shirley moved and Mr. Anderson seconded the motion to approve the minutes of the July 19, 1983 regular Council meeting. A poll of the vote was as follows: Mr. Anderson, Aye; Mrs. Lavin, Aye; Mrs. Shirley, Aye;-Mr. Milbert, Aye. The motion carried unanimously. LICENSES: Additional 1983 licenses (list attached) ACTION: The application for Gizmo's was ammended by the applicant for four games rather than ten games. Mrs. Lavin moved and Mr. Shirley seconded the motion to continue license #364 for Naegle Outdoor Advertising Company and license # 367 Macey Signs and refer the issue of billboard policy in the downtown to the Zoning and Planning Commission, with input from the City Center Development Corporation. A poll of the vote was as follows: Mr. Milbert, Aye; Mr. Shirley, Aye; Mrs. Lavin, Aye; Mr. Anderson, Aye. The motion carried unanimously. Mrs. Lavin moved and Mr. Anderson seconded the motion to grant the rest of the licenses on the condition that license #365, Blue Ribbon Bar, be checked to make sure that it complies with Ordinance #83-513 restricting the number of mechanical amusement devices in B-1 or B-2 zone to three or less. A poll of the vote was as follows: Mr. Anderson, Aye; Mrs. Lavin, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye. The motion carried unanimously. BILLS: Mr. Anderson moved and Mr. Shirley seconded the motion to approve and authorize for payment the expenditures dated August 2, 1983, warrant No. 670 in the amount of $196,045.63. A poll of the votes was as follows: Mr. Milbert, Aye; Mr. Shirley, Aye; Mrs. Lavin, Aye; Mr. Anderson, Aye. The motion carried unanimously. BIDS: ,~ ACTION: Electrical connection, Hopkins Center Parking lot. / Mr. Anderson moved and Mr. Shirley seconded the motion to accept the recommendation of staff and award the contract to the low bidder, PiersonoWilcox, for the amount of $29,843.00. A poll of the vote was as follows: Mr. Anderson, Aye; Mrs. Lavin, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye. The motion carried unanimously. BID: Furnishing of bituminous seal coat on various streets and parking lots in Hopkins. ACTION: Mr. Shirley moved and Mrs. Lavin seconded the motion to accept the recommendation of staff and award the contract to Plehal Blacktopping Company in the amount of $47,022.50. A poll of the vote was as follows: Mr. Milbert, Aye; Mr. Shirley, Aye; Mrs. Lavin, Aye; Mr. Anderson, Aye. The motion carried unanimously. Removing ofoertain infected elm and/or oak trees in various locations in the City of Hopkins. Mr. Anderson moved and Mr. Shirley seconded the motion to adopt Resolution No. 83-3090 ordering removal of trees by city and assessing the cost to property owners. 226 Tyler North was deleted from the list as the t:ee has already been removed. A poll of the vote was as follows: Mr. M~lbert, Aye; Mr. Shirley, Aye; Mrs. Lavin, Aye; Mr. Anderson Aye. The motion carried unanimously. HEARING: ACTION: e page'2 (Minutes of the August 2, 1983 Council meeting). HEARING: A hearing as to why the 1983 towing contract should not be terminated for noncompliance was withdrawn by the City Manager, as the contractor has built the fence that was necessary to comply with the contract. . APPEARANCE: Item 83-103 ACTION: Item 83-104 Item 83-105 ACTION: Item 83-106 Item 83-107 ACTION: Item 83-108 ACTION: Mr. Jameson, Sr. appeared regarding Ordinance # 82-513 which limits the number of mechanical amusement devices in a B-1 or B-2 district to three or less. Mrs. Lavin moved and Mr. Anderson seconded the motion to refer the matter to the City Attorney as to whether this ordinance is grandfathered and, if grandfathered, whether it is grandfathered in such a way that existing businesses be grandfathered when ownership changes, if the existing business stays the same. A poll of the vote was as follows: Mr. Milbert, Aye; Mrs. Shirley, Aye; Mrs. Lavin, Aye; Mr. Anderson, Aye. The motion carried unanimously. Resolution No. 83-3091 "RESOLUTION ORDERING ABATEMENT OF NUISANCE BY REMOVING CERTAIN INFECTED ELM AND/OR OAK TREES IN VARIOUS LOCATIONS IN THE CITY OF HOPKINS" Mrs. Lavin moved and Mr. Shirley seconded a motion to approve resolution No. 83-3091 setting a hearing for September 6, 1983. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mrs.Lavin, Aye. The motion carried unanimously. Air conditioning for Community Center Mrs. Lavin moved and Mr. Anderson seconded a motion to authorize staff to proceed to pick an appropriate air condioning unit and have it installed with an expenditure of up to $3,000, with the City Manager making the final decision as to what is appropriate. A poll of the vote was as follows: Mrs. Lavin, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye. The motion carried unanimously. Request from Westbrooke Homeowners Association regarding parking of trucks etc in residential areas. Mr. Anderson moved and Mr. Shirley seconded the motion to refer this matter to the City Attorney to prepare an ordinance draft. A poll of the vote was as follows: Mrs. Lavin, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye. The motion carried unanimously. Recommendation by Zoning & Planning for approval of the Conditional Use Permit requested by Centurion Company to construct special purpose fences at Lake Street N. E. and Van Buren Avenue. Mr. Anderson moved and Mr. Shirley seconded the motion to accept the recommendation of Zoning & Planning and approve the Conditional Use Permit. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mrs. Lavin, Nay. The motion carried. Recommendation by Zoning & Planning to approve a variance requested by Roof Development Properties for rear and sideyard setback required to construct a garage at 44 - 5th Avenue North. Mr. Anderson moved and Mr. Shirley seconded the motion to refer this item to the fire marshal for a report and reconsider the issue at the meeting of August 16. A poll of the vote was as follows: Mrs. Lavin, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye. The motion carried unanimously. Recommendation by Zoning and Planning for approval of a Conditional Use Permit requested for open storage lot and construction of 6' fence on lot 2, Block 2, Hopkins Industrial Park, requested by Clipper Lawn and Landscape Company. Mrs. Lavin moved and Mr. Shirley seconded the motion to approve the Conditional Use Permit. A poll of the vote was as follows: Mrs. Lavin, Aye; Mr. Milbert, Aye; Mr. Anderson, Aye; Mr. Shirley, Aye. The motion carried unanimously. .. ,. page 3 (Minutes of the August 2, 1983 Council meeting). Item 83-109 Recommendation by Zoning & Planning for approval of a Conditional Use Permit requested by RentuckyFried Chicken, for remodeling of over $75,000 and addition of a orive-in window at 1728 West Excelsior Avenue. . ACTION: Mrs. Lavin moved and Mr. Anderson seconded the motion to approve the Condiitonal Use Permit. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mrs. Lavin, Aye; Mr. Milbert, Aye. The motion carried unanimously. Item 83-110 Engineers report on proposed "NO PARKING" zone on west side of 11th Avenue South north of 1st Street. ACTION: Mr. Anderson moved and Mr. Shirley seconded the motion to choose alternative # 2 of the engineers report and post a "No Parking" zone on the west side of 11th Avenue from 1st Street South to a point 108 feet north. A poll of the vote was as follows: Mr. Shirley, Aye; Mr. Milbert, Aye; Mr. Anderson, Aye; Mrs. Lavin, Aye. The motion carried unanimously. Item 83-111 Engineers report on possible additional street parking on Excelsior Avenue between 6th Avenue and 12th Avenue. ACTION: Mrs. Lavin moved and Mr. Shirley seconded the motion that this item be referred to CCDC for cons~erationand recommendation. A poll of the vote was as follows: Mrs. Lavin, Aye; Mr. Anderson, Aye; Mr. Shirley, Aye; Hr. Milbert Aye. The motion carried unanimously. Item 83-112 Selection of auditor for 1983 ACT ION: Mrs. Lavin moved and Mr. Anderson seconded the motion to send out for bids for a new auditor. A poll of the vote was as follows: Mr. Anderson, Aye; Mr. Shirley, Aye; Mrs. Lavin, Aye; Mr. Milbert, Aye. The motion carried unanimously. Item 83-113 Sixth Avenue partnership variance ACTION: Mr. Anderson moved to grant the variance and then withdrew his motion. Mr. Anderson moved and Mr. Shirley seconded the motion to continue this item until the August 16 meeting. A poll of the vote was as follows: Mr. Milbert, Aye; Mrs. Lavin, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye. The motion carried unanimously. . The Council approved of Mr. Craig's appointment to the Chamber of Commerce Board Mr. Craig reported that the CCDC and Richard's Liquor have come to an agreement about the parking in front of Richards Liquor that is different from the original plans by Mr. Benshoof, and Associates. Also Hovander and Hance have ok'd two-way traffic in front of their store. ADJOURNMENT: Mrs. Lavin moved and Mr. Anderson seconded the motion to adjourn the meeting. The motion carried. Respectfully submitted, ~tt>* K~ Scott Renne, COUNCILMEMBERS: