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Minutes0 A regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, September 1, 1981, in the Council Chambers in the City Hall at 7:30 p.m. -Present were Mayor Robert Miller, Councilmembers Ellen Lavin, Donald Milbert, James Shirley and Jennie Arimond, also City Manager William Craig, City Clerk Harold Richardson, City Engineer John Strojan, Asst. Engineer Gordon Anderson, Operations Director Ev Beecher, Building Inspector Ray Kohnen and City AttorneI Joseph Vesely. Reel 176 Mrs. Lavin moved, and Mr. Milbert seconded the motion, that the Side 2 Minutes of the August 18, 1981, Council meeting be approved. A 9- poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the -44 items under the CONSENT CALENDAR, be approved: 1. Additional 1981, misc. license applications: TWIN CITY SOFTENER SERVICE CO., to Install Gas Burners; EARLY LEARNING CENTER, INC., Food Establishment (for Day Care Center 125 Monroe Ave. So.); COFFEE MILL VENDING, Vending Machine; LINDEE'S, 2 Additional Mech. Devices. A poll of the vote was as follows: Mrs. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unanimously. Bills: Mrs. Arimond moved, and Mrs. Lavin seconded the motion, that the 44 -86 expenditures dated September 1, 1981, Warrant No. 624, in the amount of $307,869.12, be approved and authorized for payment. A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unani- mously. Bid: Pursuant to notice bids were opened on July 30, 1981, at 10:00 a.m. for S.A.P. 132 341 -01, St. Louis Street Tyler Ave. No., City Project 80 -81, Jackson Ave. No. and the following bids were received. (see attached) Thi item was continued from the August 4, 1981, Council meeting. Action: Mrs. Arimond moved, and Mr. Milbert seconded the motion that the low O86 -104 bid of VALLEY PAVING in the amount of $148,673.10, be awarded the con- tract as recommended by staff. A poll of the vote was as follows: Mrs Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unanimously. HEARING: Item: 81- 114 -E. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that 104 -193 Resolution No. 81 -2971, "RESOLUTION ORDERING THE IMPROVEMENT 0 THE SOUTH SIDE OF FIRST STREET NORTH FROM 12TH AVENUE TO 14TH AVENUE BY THE INSTALLATION OF CONCRETE SIDEWALK THEREON be adopted. A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 81- 155 -Z. Mrs. Arimond moved, and Mr. Milbert seconded the motion, that 193- the application by Dennis Tom Roof for a variance to reduce the lot width requirement of 80 ft. in an R -1 -C district to 70 ft. for Lot 2 of the proposed Roof Addition, be approved as recommended by Zoning Planning. A poll of the vote was as follows: Mrs. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yea Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unani- mously. Item: 81- 156 -Z. Mr. Milbert moved, and Mr. Shirley seconded the motion, that -344 the application by Roof Development for a subdivision approval 0 Minutes of the September 1, 1981, Council meeting, cont. Page 2. Item: 81- 156 -Z. cont. for part of Lots 5,6,& 8 Block 1, Parkridge to be platted as Roof Addition, SBB 9 ft ded by Zoning Planning. A poll of the vote was as follows: Mrs. Lavin yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried. Item: 81- 157 -Z. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that 344- the application by Steiner Koppleman for a Conditional Use Permit to construct an office warehouse building on the north- erly portion of Lot 1, Block 2, South Hopkins Industrial Park, also known as 1600 Fifth St. So., subject to the restriction that the drive -in door on 16th Ave. So. shall not be used by semi's; contingent on an easement being produced; the parking be enlarged to 9'x20' on the westerly border and the execution of an agreement between the City and Spantek, be approved as recommended by Zoning Planning. A poll of the vote was as follows: Mrs. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yez Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unani- mously. Item: 81- 158 -Z. Mr. Milbert moved, and Mr. Shirley seconded the motion, that -437 the application by Steiner Koppleman for a variance for the loading door of the office warehouse building to be construct( at 1600 Fifth St. So., as circumstances unique to this indi- vidual parcel of land would cause a hardship because of the shape of the land is such that in the use of the 7th bay the unit would be unacceptable for renting without the loading door, be approved, as recommended by Zoning Planning. A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 81- 159 -Z. Mr. Milbert moved, and Mrs. Lavin seconded the motion, that 437- the application by Midas Muffler for a Conditional Use Permit to construct a sign in the front yard setback in the B -3 Dist. at 519 East Excelsior Ave., be approved as recommended by Zoning Planning and that the perm.itabe reviewed in one year. A poll of the vote was as follows: Mrs. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yea; Mrs.Lavin,yea; and Mayor Miller, yea. Motion carried unanimously. Action: -563 Mr. Milbert moved, and Mrs. Arimond seconded the motion, that in compliance of the policy exercised now by Zoning Planninc that the other signs existing in the City be looked into by staff and a report be made within three months with considera- tions or recommendation for changes. A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 81- 160 -Z. Mrs. Lavin moved, and Mr. Milbert seconded the motion, that 563 -618 the application for rezoning from R -1 -B (one family detached dwelling) to R -1 -A (one family detached dwelling and two famil dwelling) in the presently zoned R -1 -B Dist., lying west of the north -south alley located between 6th 7th Ave. So., by Linda Olson of 738 -7th Ave. So., be denied for reasons stated by residents (see Z &P Minutes attached) and as recommended by Zoning Planning. A poll of the vote was as follows: Mrs. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 81- 161 -Z. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that 618 -661 the application by the Hopkins Columbus Home Assoc., for a variance to reduce the required rear yard setback of 10 ft. tc 1 ft. in the B -2 Dist., for enlargement of the existing build- ing at 34. -10th Ave. So., as it is consistent with the buildinc in the area, be approved, as recommended by Zoning Planning. A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbex yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller,yee Motion carried unanimously. Minutes of the September 1, 1981, Council meeting, cont. Page 3. Item: 81- 162 -Z. Discussion on an application by 601 Investment Co. (Custo 661- Pools) for vacation of Van Buren Ave. No., from Excelsior A to the RR tracks subject to a utility easement, and the stor sewer to become the responsibility of the owner. At this time Council took no action but continued to the next item on the Agenda. Item: 81- 163 -Z. Mr. Shirley moved, and Mrs. Lavin seconded the motion, that ti application by Custom Pools for a variance for the sideyard setback of 10 ft. to 5 ft. in the B -3 Dist., to construct an office showroom at 601 East Excelsior Ave., be approved as recommended by Zoning Planning. A poll of the vote was as follows: Mrs. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yez Mrs. Lavin,yea; and Mayor Miller, nay. Motion carried. Item: 81- 164 -Z. Mr. Shirley moved, and Mrs. Lavin seconded the motion, that ti application by Custom Pools for a Conditional Use Permit to construct an office showroom building at 601 East Excelsior Al be approved, as recommended by Zoning Planning. A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller, nay. Motion carried. item: 81- 162 -Z. Mr. Milbert moved, and Mrs. Lavin seconded the motion, that -912 the application by 601 Investment Co., (Custom Pools) for the vacation of Van Buren Ave. No., from Excelsior Ave. to the RR tracks subject to a utility easement, and the storm sewer to become the responsibility of the owner, as recommended by Zoning Planning, be referred back to Zoning Planning re the proposed vacation and that it not be returned to the Coun- cil until both abutting owners petition for the vacation and work out a written agreement, approved by the City Attorney, on the use of the vacated street and responsibility for main- tenance of the storm sewer. A poll of the vote was as follow: Mrs. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 81- 165 -0. Mrs. Arimond moved, and Mr. Milbert seconded the motion, that 912 -1014 Ordinance No. 81 -497, "AN ORDINANCE AMENDING SECTION 700:169.: OF THE HOPKINS CODE OF ORDINANCES PERTAINING TO LIMITED TIME PARKING AND NO PARKING ZONES AND REMOVALS THEREFROM be accepted for the first reading. A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried un- animously. Item: 81- 166 -R. Mr. Milbert moved, and Mrs. Lavin seconded the motion, that 1014 -1023 Resolution No. 81 -2970, "RESOLUTION PRAYING THE DISTRICT COUR] OF HENNEPIN COUNTY FOURTH JUDICIAL DISTRICT FOR THE APPOINT- MENT OF A NEW HOPKINS CITY CHARTER COMMISSION be adopted. 1 poll of the vote was as follows: Mrs. Arimond, yea; Mr. ShirlE yea; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 81- 167 -R. Mr. Shirley moved, and Mrs. Lavin seconded the motion, that 1023- the request by Hennepin County Dept. of Transportation for approval of plans for Proj. 7512- County Rd. 3 from Homedale Ave. to Louisiana Ave., be referred to the Zoning Planning Commission for a Public Hearing to be held on September 29,19E A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbez yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller,yez Motion carried unanimously. Item: 81- 168 -R. Mrs. Arimond moved, and Mrs. Lavin seconded the motion, that -1040 the request by Hennepin County Dept. of Transportation for approval of plans and construction cooperative agreement for Project 8103, Traffic Signals, CSAH No. 3 17th Ave. No., be continued to the October 6, 1981, Council meeting. A poll of the Mr. Milbert, yea; Mrs. Lavin, yea; an Mayor Miller, ea. yea' Motion carried unanimously. 0 Minutes of the September 1, 1981, Council meeting, cont. Page 4. Item: 81- 169 -E. Mrs. Arimond moved, and Mrs. Lavin seconded the motion, that 1040- Resolution No. 81 -2972, "RESOLUTION ORDERING ENGINEER'S REPOR' ON THE INSTALLATION OF CONCRETE REPAIRS ON 12TH AVE. SO. FROM EXCELSIOR AVE. TO 2ND ST. SO. AND INSTALLATION OF NEW CONCRETI SIDEWALK ON THE NORTH SIDE OF 1ST ST. SO. FROM 11TH TO 12TH AVENUE be adopted. A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 81- 169 -R. Mr.. Shirley moved, and Mrs. Arimond seconded the motion, that -1117 Resolution No. 81 -2973, "RESOLUTION ORDERING IMPROVEMENT BY TF INSTALLATION OF CONCRETE REPAIRS ON 12TH AVE. SO. FROM EXCEL- SIOR AVE. TO 2ND ST. SO., AND INSTALLATION OF NEW CONCRETE SIDEWALK ON THE NORTH SIDE OF 1ST ST. SO. FROM 11TH TO 12TH AVENUE be adopted. A poll of the vote was as follows: Mrs. Arimond, yea; Mrs. Shirley, yea; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 81- 170 -P. Mrs. Lavin moved, and Mrs. Arimond seconded the motion, that 1117 -1189 the 1982 Proposed Budget Hearings be set for September 8th anc September 16th, 1981, at 7:00 p.m., in the Conference Room in the City Hall. A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; ar Mayor Miller, yea. Motion carried unanimously. Item: 81- 130 -R. Mrs. Arimond moved, and Mrs. Lavin seconded the motion, that 1189- Resolution No. 81 -2955, "A RESOLUTION APPROVING AND ADOPTING HOPKINS 1990 COMPREHENSIVE PLAN be continued to the October 6, 1981, Council meeting. A poll of the vote was as follows: Mrs. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 81- 132 -A. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the Mayor's appointments and reappointments to various boards and commissions be continued to the September 15, 1981, Counci meeting. A poll of the vote was as follows:Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. Milbert moved, and Mayor Miller seconded the motion, that the -1210 meeting be adjourned. Motion carried. ST: Robert F. Miller, Mayor Dorothy M. Jojnson, etary to Council