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Minutes0 A regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, October 6, 1981, at 7:30 p.m., in the Council Chambers in the City Hall. Present were Mayor Robert Miller, Councilmembers Ellen Lavin, Donald Milbert, James Shirley, and Jennie _Arimond; also City Manager William Craig, City Clerk, Harold Richardson, Asst. Engineer, Gordon Anderson, and Joseph Vesely, City Attorney. Absent: City Engineer John Strojan, Operations Director Ev Beecher and Building Inspector Ray Kohnen. Reel 177 Councilman Donald Milbert read a Proclamation by Mayor Robert Miller naming Side 2 the week of October 19, 1981, as "Bright Idea Week Kids Saving Energy" within 390- the City of Hopkins, and presented a copy to the West Suburban Chamber of Commerce. Appearance: Mr. William Elster appeared before Council and presented them with copies -421 of the Hartford Plan re Fair Rent Commission Rent Controls. Action: Mrs. Lavin moved, and Mr. Milbert seconded the motion, that the Minutes of the 421- September 15, 1981, Council meeting be approved. 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. Shirley moved, and Mr. Milbert seconded the motion, that the items under the 439- CONSENT CALENDAR, be approved: 1. Additional 1981 misc. license applications: VENDING SYSTEMS CO., 1 Vending Machin LSV METALS, INC., Install Gas Burners; SUNBURST HEATING AIR COND. Install Gas Burners; Cheng's Inc., dba CHINA ROYAL RESTAURANT, Restaurant. 2. Request by Northwestern Bell Telephone Co., for permission to place buried cable on Co. Rd. #3, near 17th Ave., to serve proposed Public Works Office Garage. 3. Request by Northwestern Bell Telephone Co., for permission to place buried cable crossing 9th Ave. No. at alley north of Excelsior Ave. to replace defective cable 4. Request by Northwestern Bell Telephone Co., for permission to place buried cable on First St. So., from Monroe Ave. east approx. 100 ft. for growth. 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: Mrs. Arimond moved, and Mr. Milbert seconded the motion, that the expenditures date 439 -493 October 6, 1981, Warrant No. 626, in the amount of $293, 496.22, 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 unanimously. Item: 81- 178 -Z. Mr. Milbert moved that Council approve the application by Hansord Agency 493- for a Conditional Use Permit to construct a parking /storage vehicle lot at 19 8th Ave. No., as recommended by the Zoning Planning Commission. Motion lost for lack of a second. Action: Mrs. Lavin moved, and Mr. Milbert seconded the motion, that the application by -627 Hansord Agency for a Conditional Use Permit to construct a parking /storage vehicle lot at 19 -8th Ave. No., as recommended by Zoning Planning be approved. A poll of the vote was as follows: Mrs. Arimond, nay; Mr. Shirley, yea; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried. Item: 81- 168 -R. Mrs. Arimond moved, and Mrs. Lavin seconded the motion, that the request by 627 -633 Hennepin County Dept. of Transportation for approval of plans and Construc- tion Cooperative Agreement for Project 8103, Traffic Signals, CSAH #3 and 17th Ave. No., be continued to the October 20, 1981, Council 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 un- animously. 9 Item: 81- 132 -A. Mr. Milbert moved, and Mr. Shirley seconded the motion, that the Mayor's 633 -655 appointment of Paul Lund to a 3 year term, replacing Nate DeLue, expiring 6 -30 -84 and Dr. Paul Slaton for the unexpired term of Japes Shirley ending 6- 30 -82, on the Hopkins Police Civil Service Commission e po T r o� e tfle vote was as f Mrs. Arimond, yea Mr. Shirley, yea; Mr. Milbert, ye4, Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unanimously. Minutes of the Item: 81- 171 -0. 655 -698 October 6, 1981, Council meeting, cont. Page 2. Mr. Milbert moved, and Mr. Shirley seconded the motion, that Ordinance No. 81- 498, "AN ORDINANCE AMENDING SECTION 810:50 OF THE HOPKINS CODE OF ORDINANCES PERTAINING TO ADDITIONAL CONDITIONS OF INTOXICATING LIQUOR LICENSES AND THE OPERATION OF LICENSED PREMISES as amended, be approved for the second reading thereof and according to law same to be ordered pub- lished. 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- 173 -R. Mr. Milbert moved, and Mrs. Lavin seconded the motion, that Resolution No. 698 -715 81 -2975, "A RESOLUTION APPROVING 1981 TAX LEVY COLLECTIBLE IN 1982 be adopted and the Mayor and City Clerk be authorized to sign same. 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- 174 -P. Mrs. Arimond moved, and Mr. Milbert seconded the motion, that Resolution No. 715- 81 -2976, "RESOLUTION ORDERING ENGINEER'S REPORT ON PETITION FOR CURB CUT TO WIDEN DRIVEWAY AT 146 -10TH AVE. NO., DRIVEWAY ON 2ND STREET by John R. Klatt, 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- 174 -E. Mrs. Arimond, moved, and Mr. Shirley seconded the motion, that Resolution No -727 81 -2977, "RESOLUTION ORDERING IMPROVEMENT OF A CURB CUT TO WIDEN DRIVEWAY AT 146 -10TH AVE. NO., DRIVEWAY ON 2ND STREET be adopted. 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- 175 -R. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the request 727 -752 to post existing No Parking Zone 7:00 p.m. to 10:00 p.m., on both sides of Oakglen Drive from 1st St. No. to 2nd St. No. as a tow -away zone, be approve 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- 176 -T. Mr. Milbert moved, and Mr. Shirley seconded the motion, that the request by 752 -770 James P. Rigdon for transfer of Off Sale Liquor; Soft Drinks and Cigarette licenses from Knutson's Liquor, 812 Excelsior Ave. W., be approved. 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 un- animously. Item: 81- 177 -Z. Mr. Milbert moved, that the application by A. R. Tempesta for a variance to 770- reduce the required front yard setback of 35' to 25' and reduce the required side yard of 19' to 17' between the townhouse on 7th St. So.; and an appli- cation for a Conditional Use Permit to construct 42 townhouses on the south- west corner of 9th Ave. and 7th Ave. So., in an R -2 District, subject to the developer agreeing to, and be bound to, provide a fire hydrant as specified by the Fire Marshal, be continued to the Council meeting of November 3, 1981 so he can meet with the people in the neighborhood. Motion died for lack of a second. Action: Mrs. Arimond moved, and Mr. Shirley seconded the motion, that the application by -1350 A. R. Tempesta for a variance and for a Conditional Use Permit for the above con- struction of 42 townhouses, be denied. A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, nay; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayor Miller, nay. Motion carried. Item: 81- 179 -Z. Mr. Shirley moved, and Mrs. Arimond seconded the motion, that the request by 1350 -1461 Super Valu of modifications of Conditional Use Permit granted July 29, 1981, for a warehouse, located at 715 -5th St. So., by changing location of struc- ture to lower building elevation 7 ft., subject to adequate screening along 11th Avenue and 5th St. So. be provided, be approved as recommended by Zonin 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. i;) Item: 81- 180 -S. 1461 -end of tape Side 1 1 -92 Mr. Shirley moved, and Mr. Milbert seconded the motion, that the City Manage be authorized to go ahead on the conversion of certain city vehicles to propane gas with Auto Energy Corp. As explained by staff, funds to con from Contingency Fund. poll of the vote was as follo s: Mrs. L yin yea; Mr.Milbert,yea; Mr. Shiriey,yea; Mrs. Arimond,yea; and Mayor Miller; yea. Motion carried unanimously. 0 Minutes of the October 6, 1981, Council meeting, cont. Page 3. Item: 81- 181 -T. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the offer from 92 -134 Centurion Co., for property donation to the City be continued to the October 20, 1981, Council meeting. Mrs. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried un- animously. Item: 81- 182 -R. Mr. Milbert moved, and Mr. Shirley seconded the motion, that the request 134 -195 by Mr. Hammerlund of Hammerlund Mfg. to extend No Parking zone on the West side of 6th Ave. So. from a point 66 ft. north of 2nd St. to a point 78' North, be approved by extending the No Parking on the north side of the driveway A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yeah and Mayor Miller, yea. Motion carried unanimously. Item: 81- 183 -T. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the request 195 -246 for transfer of license for wine, non intoxicating malt liquor, and restau- rant from E.T. Graffiti, 502 N. Blake Rd., to First Gilman Corp., be approved. 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- 130 -R. Mr. Milbert moved, and Mrs. Lavin seconded the motion, that Resolution No. 246 -274 Action: Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the meeting be ad- 280 journed. ATT Robert F. Miller, Mayor 81 -2955, "A RESOLUTION APPROVING AND ADOPTING HOPKINS 1990 COMPREHENSIVE PLAN be continued to a special meeting to be held at 6:15 p.m. on Tuesday, November 3, 1981, in the Conference Room. 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. Dorothy M. Jo son, Sec ary to the Council COLNCILMEMBERS