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Minutes0 A regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, December 1, 1981, at 7:30 p.m., in the Council Chambers in the City Hall. Present were Mayor Robert Miller, Councilmembers Ellen Lavin, Donald Milbert, ames Shirley, and Jennie Arimond; also City Manager Craig, City Clerk Renne, ity Engineer, Strojan, Asst. Engineer, Anderson, Operations Director Beecher, and City Attorney Vesely. Absent: Ray Kohnen, Building Inspector. Reel 179 Side 1 13- Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the Minutes of the November 17, 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. At this time in the meeting Mayor Miller introduced J. Scott Renne, who has been selected to be the Clerk Assessor for the City of Hopkins, re- placing Harold Richardson, who retired as of November 30, 1981. Action: Mrs. Arimond moved, and Mr. Milbert seconded the motion, that the items under the CONSENT CALENDAR, be approved: 1. Additional 1981 misc. license applications: NIELSEN HEATING AIR COND TIONING CO., INC., to install Gas Burners; RESTAURANT FOR BOARDING HOUSE, Hopkins Project, Inc.; 2. Request by Northwestern Bell Telephone Co., for permission to place buried cable on Drillane and Drillane Circle for plant improvement. 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: Mr. Shirley moved, and Mrs. Arimond seconded the motion, that the appli -185 cation by ADVISION, to be known as "THE FUN HOUSE" a mechanical amuse- ment device center, be denied. A poll of the vote was as follows: Mrs. Lavin, abstained; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea and Mayor Miller, yea. Motion carried. Action: Mr. Milbert moved, and Mrs. Arimond seconded the motion, that that ex- 185 -192 penditures dated December 1, 1981, Warrant No. 630, in the amount of $208,451.12, be approved and authorized for payment. A poll of the vot was as follows: Mrs. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yea; 4:, Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unanimously. BID: Pursuant to notice bids were opened on Thursday, November 19, 1981, at 2 p.m., for a City Garage structure and the following bids were receive (see tabulation attached) Action: Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the con 192 -331 tract for construction of a City Garage be awarded to James Steele Con- struction Co., the low bidder, in the amount of $455,800.00, plus alternate bids #1,2,6,7,9 &16 in the amount of $16,445.00. A poll of the vote was as follows: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley yea; Mrs. Arimond, yea; and Mayor:M ller, yea. Motion carried unani- mously. Appearance: Shelia Block representing HBA, appeared before the Council requesti 331 -372 Council permission to remove the 2hr.parking signs in the parking lots for the month of December, with the exception of the Tait lot. Action: Mr. Milbert moved, and Mr. Shirley seconded the motion, to grant this request for the month of December 1981' with the exception of the Tait lot as specified and also keep the 2 hr. street parking in force. A Q poll of the vote was as follows: Mrs. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carrie unanimously. Minutes of the December 1, 1981, Council meeting, cont. Page 2. Item: 81- 168 -R. Mrs. Arimond moved, and Mrs. Lavin seconded the motion, that th 372- request by Hennepin County Dept. of Transportation for approval of Plans and Construction Cooperation Agreement for Project 810 Traffic Signals, CSAH #3 17th Avenue So., be continued to the December 15, 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. Item: 81- 181 -T. Mr. Milbert moved, and Mrs. Arimond seconded the motion, to -419 accept the offer of the Centurion Co., for property donation to the City and the City agree to pay for half of the special assessments on this piece of property. (see letter attached) 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- 195 -R. Mrs. Arimond moved, and Mrs. Lavin seconded the motion, that 419 -436 Resolution No. 81 -2983, "A RESOLUTION APPOINTING MERRILL LYNCH PIERCE FENNER SMITH, INC., AS AN ADDITIONAL DEPOSITORY AND INVESTOR OF CERTAIN CITY OF HOPKINS FUNDS be continued to the December 15, 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. Item: 81- 199 -0. Mr. Milbert moved, and Mrs. Lavin seconded the motion, that 436- Ordinance No. 81 -499, "AN ORDINANCE ESTABLISHING WATER AND SANITARY SEWER RATES AND CHARGES AND REPEALING ORDINANCE NO. 81 -481 be accepted for the second reading thereof and accord- ing to law same to be ordered published. A poll of the vote wa: as follows: Mr. Arimond, yea; Mr. Shirley, yea; Mr. Milbert, ye Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unani- mously. Item: 81- 201 -0. Mr. Shirley moved, and Mrs. Arimond seconded the motion, that -455 Ordinance No. 81 "AN ORDINANCE AMENDING CHAPTER V SECTION 500:00 OF THE CITY OF HOPKINS 1977 CODE OF ORDINANCES RE: LIQUOI LICENSE FEES AND VARIOUS 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: Mrs. Lavin, yea; Mr. Milbert, yea; Mr. Shirley, yea; Mrs. Arimond, yea; and Mayo] Miller, yea. Motion carried unanimously. Item: 81- 202 -R. Mrs. Arimond moved, and Mrs. Lavin seconded the motion, that 455 -460 Resolution No. 81 -2985, (Standal Project), be continued to the December 15, 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 unani- mously. Item: 81- 203 -A. Mr. Milbert moved, and Mrs. Arimond seconded the motion, .that 460 -501 the Proposal from Fox Co. to do the 1981 Audit, be accepted. 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. 0 Item: 81- 204 -R. Mr. Milbert moved, and Mrs. Lavin seconded the motion, that 501 -591 Resolution No. 81 -2955, "A RESOLUTION APPROVING AND ADOPTING HOPKINS 1990 COMPREHENSIVE PLAN, with changes deletions, as specified, 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- 205 -Z. Mrs. Lavin moved, and Mr. Shirley seconded the 'motion, that 591 -615 Resolution No. 81- 2986, "RESOLUTION APPROVING PLANS FOR HENNEPIN COUNTY PROJECT NO. 7227 -S.P. 27- 618 -31 FOR HIGHWAY 18 BETWEEN SECOND STREET N.E. AND MINNEHAHA CREEK" as recommended by Zoning Planning, 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. Minutes of the December 1, 1981, Council meeting, cont. Page 3. Item: 81- 206 -Z. Mr. Milbert moved, and Mrs. Lavin seconded the motion, that 615 -735 the application by Custom Pools at 601 East Excelsior Avenue fo a variance in the front yard setback*for the placement of a sigi (711) and recommending a Conditional Use Permit with the condition th; said sign could be altered or removed if it created a problem with traffic, as recommended by Zoning Planning, be approved. A poll of the vote was as follows: Mrs. Arimond, yea; Mr. Shirr nay; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried.*from the required 20 ft. to 10 ft. Item: 81- 207 -Z. Mr. Shirley moved, and Mrs. Lavin seconded the motion, that 735- application by Luther Company to consider vacating that part of the north -south alley abutting Lot 15, Block 66, West Minnedatul: Second Division, formerly known as 19 -8th Ave. No, be/ recommenc ing a lease arrangement with Luther Company on the same basis as the lease agreement on the adjacent property, as recommended by Zoning Planning, 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 unani- mously. Item: 81- 208 -Z. Mr. Milbert moved, and Mrs. Lavin seconded the motion, that -818 recommendation from Zoning Planning for Council denial of an application by Neil Carlson for a variance to permit a garage addition over 1000 square feet and a 3 ft. side and rear yard variance at 332 -18th Avenue No., as no hardship was stated, be continued until puch time as the a plicant applies for a building permit -e follows: Mrs Arimond, yea; Mr. Shirley, yea; Mr. Milbert, yea; Mrs. Lavin, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 81- 209 -Z. Mrs. Lavin moved, and Mt. Milbert seconded the motion, that the 818 -826 recommendation from Zoning Planning for Council denial for consideration of an application by A. Tempesta for a variance tc reduce the required front yard setback of 35 feet to 25 feet an for a Conditional Use Permit to construct 40 townhouse units at the southwest corner of 9th Avenue 7th Street South, as there was not substantial change to the plan for the applicant to appear before the six month period as stipulated in Ordinance No. 427.49(6), be continued to the first meeting in January 198 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- 210 -L. Mr. Milbert moved, and Mayor Miller seconded the motion, that X26 -874 Council grant the renewal of the Tremont Plaza On Sale Liquor li4ense for 1982, contingent upon the outcome of the pending Court case re this license. 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: 874- Mr. Shirley moved, and Mrs. Arimond seconded the motion,to refer to Zoning Planning a request to amend the Zoning Ordinance f orb iddiug the use of chain link fencing in the front yard of a residential area with the possibility of doing that under vari- ances. After discussion Mr. Shirley and Mrs. Arimond withdrew their motion. Action: Mrs. Lavin moved, and Mr. Milbert seconded the motion, that Zoning Planning review the Zoning Ordinance where it refers to chain link fencing to see if a change in the ordinance is necessary. 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. 0 Minutes of the December 1, 1981, Council meeting, cont. Page 4. Action: Mrs. Lavin moved, and Mr. Milbert seconded the motion, that we refer 6 947 -1050 to the City Attorney for an opinion 9n limiting the number of amusemen arcades in the City. 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 unaniomusly. Action: Mrs. Lavin moved, and Mr. Milbert seconded the motion, that the meeting -1082 be adjourned. Motion carried. ST Ro.ert F. Miller, Mayor Dorothy M. J� nson,, S•c etary to the Counc: COUNCILMEM