MinutesA regular meeting of the City Council of the City of Hopkins,
Minnesota was held on Tuesday October 2, 1984, at 7:30 p.m. in
the Council Chambers of the City Hall.
Present were Mayor Miller, Councilmembers: Milbert, Anderson,
Shirley and Lavin. Also present were City Manager, Craig, City
Engineer, Strojan; City Clerk, Renne; Public Works Operations
Director, Beecher; Community Development Director, Kerrigan;
Police Commander, Pratt; Fire Marshal, Magdal; Police Officer,
Laun Anderson; Community Development Analyst, Nancy Anderson and
City Attorney, Jerre Miller.
MINUTES:
LICENSES:
BILLS:
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HEARING:
Mr. Milbert moved and Mrs. Lavin seconded the
motion to approve the minutes of the September 18,
1984 meeting. A poll of the vote was as follows:
Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert,
Aye; Mrs. Lavin, Aye; Mayor Miller, Aye. The
motion carried unanimously.
Mr. Milbert moved and Mr. Anderson seconded the
motion to approve the miscellaneous 1984 license
renewals (see list). A poll of the vote was as
follows: Mrs. Lavin, Aye; Mr. Milbert, Aye; Mr.
Shirley, Aye; Mr. Anderson, Aye; Mayor Miller, Aye.
The motion carried unanimously.
Expenditures dated October 2, 1984, Prelist Number
698.
Mr. Milbert moved and Mr. Shirley seconded the
motion to approve the expenditures in the amount of
$218,959 11, and authorize payment. A poll of the
vote was as follows: Mr. Anderson, Aye; Mr.
Shirley, Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye;
Mayor Miller,Aye. The motion carried unanimously.
Check number 019459, withheld from Prelist No 697.
Mr. Milbert moved and Mr. Shirley seconded the motion
to authorize payment of this warrant. A poll of
the vote was as follows: Mrs. Lavin, Aye; Mr.
Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson, Aye;
Mayor Miller, Nay. The motion carried.
HEARING: Special Assessments of costs of removing trees and
stumps.
Mr. Milbert moved and Mr. Shirley seconded the
motion to adopt Resolution No. 84 -3167 adopting the
assessments. A poll of the vote was as follows:
Mrs. Lavin, Aye; Mr. Milbert, Aye; Mr. Shirley,
Aye; Mr. Anderson, Aye; Mayor Miller, Aye. The
motion carried unanimously.
Hearing on proposed improvements on the east side
of Chapel View by the installation of a water main
extension and fire hydrants.
Doug Maddox, 210 - 7th Avenue North, wanted to know
who would be assessed for this improvement and was
concerned that the non - profit organizations would
not be charged. He was assured that the
assessments would be charged to the non - profit
Page 2 " Minutes of the October 2, 1984 Council Meeting"
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HEARING: 1985 Budget Hearing
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AWARD:
PERMITS:
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Mr. Milbert moved and Mr. Shirley seconded the
motion to adopt Resolution 84 -3168 ordering in the
improvements. A poll of the vote was as follows:
Mr. Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert,
Aye; Mrs. Lavin, Aye; Mayor Miller, Aye. The
motion carried unanimously.
No one appeared for the hearing, so the hearing was
closed.
HEARING: Pines Mobile Home Community
ACTION: Terry Schroeder, Lori Scheplester, Mary Jo Wallin,
Vicki Olson, James Lommerel, Randy Olesen, Barbara
Rogers, Marlys Hyllestad and Roman Gomez appeared
before the Council to voice their concerns about
the condition of the park. (all residents of the
park.)
The residents voiced a concern over the lack of
parking space, the parking spaces being in poor
condition (holes, etc.), not enough lights, Poor
playground facilities, lack of a storm shelter,
overcrowded conditions and raw sewage spillovers, and
dangerous traffic conditions.
The Council directed the City Attorney to look into
this matter, in particular the citations issued and
also the lack of progress to decrease the density and
report to the Council at the next Council meeting
on the 16th of October.
Commander Pratt of the Police Department presented
a Pedestrian Safety Award to the Mayor and City
Council.
Request by Northwestern Bell Telephone Company for
permission to place buried cable on the south side
of 7th Street South, west of 10th Avenue to serve
the Peaceful Valley townhouses.
Mr. Anderson moved and Mr. Milbert seconded the
motion to approve the request. A poll of the vote
was as follows: Mrs. Lavin, Aye; Mr. Milbert, Aye;
Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor Miller,
Aye. The motion carried unanimously.
Request by Northwestern Bell Telephone Company for
permit to place buried cable on llth Avenue South,
crossing Smetana Road.
Mrs. Lavin moved and Mr. Milbert seconded the
motion to approve the request. A poll of the vote
was as follows: Mr. Anderson, Aye; Mr. Shirley,
Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye; Mayor
Miller, Aye. The motion carried unanimously.
BIDS: Tabulation of bids to rewire old shop building No.
Page 3 " Minutes of the October 2, 1984 Council meeting
Item 84 -171
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Item 84 -188
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Item 84 -201
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Ordinance # 84 -538 "AN ORDINANCE ADOPTING STATE
BUILDING CODE, UNIFORM BUILDING COE, UNIFORM
BUILDING CODE STANDARDS, ETC."
Mrs. Lavin moved and Mr. Shirley seconded the
motion to continue this item to the meeting of
the 16th of October. A poll of the vote was as
follows: Mr. Anderson, Aye; Mr. Shirley, Aye;
Mh. Milbert, Aye; Mrs. Lavin, Aye; Mayor Miller,
Aye; The motion carried unanimously.
Ordinance No. 84 -539 "AN ORDINANCE ESTABLISHING A
HOPKINS FIRE CODE AND ESTABLISHING THE POWERS AND
DUTIES THEREOF AND REPEALING SECTION 1982 CODE OF
ORDINANCES OF THE CITY OF HOPKINS ENTITLED FIRE
PREVENTION CODE EXCEPT HOPKINS ORDINANCE N0.
78- 454."
Mr. Milbert moved and Mr. Anderson seconded the
motion to approve this Ordinance for second
reading and order published. The poll of the
vote was as follows: Mrs. Lavin, Aye; Mr.
Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson,
Aye; Mayor Miller, Aye. The motion carried
unanimously.
Item 84 -196 License requested by Westwood Bar for (4) Video
games, (1 -6) pool tables, (2) Cigarette machines.
Mr. Anderson moved and Mrs. Lavin seconded the
motion to approve the application. A poll of the
vote was as follows: Mr. Anderson, Aye; Mr.
Milbert, Aye; Mr. Shirley, Aye Mrs. Lavin, Aye;
Mayor Miller, Aye. The motion carried
unanimously.
Item 84 -200 A Philosophy for Municipal Recreation
After amending #4 to read " The City will provide
adequate maintanance of its facilities." and # 8
to read " Park and recreation funding, by the
City, is an essential part of municipal services
and should have consideration with all other
municipal services. ", Mr. Milbert moved and Mr.
Anderson seconded the motion to approve the
philosophy statement. A poll of the vote was as
follows: Mrs. Lavin, Aye; Mr. Milbert, Aye; Mr.
Shirley, Aye; Mr. Anderson, Aye; Mayor Miller,
Aye. The motion carried unanimously.
Recommendation by Z & P for denial of an
application by Lombard Properties to consider
vacating the south one -half of Fifth Street South
between the east line of Second Avenue South and
the west line of County Road 18.
Mr. Anderson moved and Mr. Shirley seconded the
motion to deny the application. A poll of the
vote was as follows: Mr. Anderson, Aye; Mr.
Shirley, Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye;
page 4 " Minutes of the October 2, 1984 Council meeting"
requests that it be brought forward again. A poll
of the vote was as follows: Mr. Anderson, Aye; Mr.
Shirley, Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye;
Mayor Miller, Aye; The motion carried unanimously.
Item 84 -203 Recommendation by Z & P that the vacated
Burlington- Northern right -of -way be placed on the
Official Map for public use and that the
neighborhood be advised of any proposals.
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Mrs. Lavin moved and Mayor Miller seconded the
motion to approve and set a public hearing for
November 8, 1984. The poll of the vote was as
follows: Mrs. Lavin, Aye; Mr. Shirley, Aye; Mr.
Milbert, Aye; Mr. Anderson, Aye; Mayor Miller, Aye.
The motion carried unanimously.
Item 84 -204 Application by Ryan Construction /Walser Properties
for a Conditional Use Permit to fill the site at 314
Excelsior Avenue West with 9000 cubic yards of fill.
Mr. Anderson moved and Mrs. Lavin seconded the
motion toapprove the application. A poll of the
vote was as follows: Mr. Anderson, Aye; Mr.
Shirley, Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye;
Mayor Miller, Aye. The motion caried unanimously.
Item 84 -205 Recommendation by Z & P for approval of an
application for a variance based on lot dimensions
and topography of the adjacent street and railroad
right -of -way affect on the property, from 427.36 (A)
which requires sales lot shall not be larger in
square footage than the square footage of the
building devoted to the regulated business.
Mr. Anderson moved and Mrs. Lavin seconded the
motion to approve the variance. A poll of the vote
was as follows: Mr. Anderson, Aye; Mr. Shirley,
Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye; Mayor
Miller, Aye. The motion carried unanimously.
Item 84 -206 Recommendation by Z & P for approval of the
Conditional Use Permit application by Ryan /Walser
Properties for construction of a building over
$75,000 at 314 West Excelsior Avenue.
Mrs. Lavin moved and Mr. Shirley seconded the motion
to approve the application for a Conditional Use
Permit contingent on 1) that if the railroad
right -of -way is deleted from the property,
additional landscaping be required, 2) subject to
County approval of the drainage, 3) subject to Fire
M arshal approval, 4) underground tanks be replaced
and not used for fuel, 5) acceptable arrangement
with City for use of City owned property, and 6)
there be no sales activity onthe northerly parcel to
be used as a storage lot only. A poll of the vote
was as follows: Mr. Anderson, Aye; Mr. Shirley,
Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye; Mayor
Miller, Aye. The motion carried unanimously.
Item 84 -207 Recommendation by Z & P for approval of an
application by Ryan /Walser properties for a Variance
Page 5 "Minutes of the October 2, 1984 Council Meeting"
Item 84 -208
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Item 84 -209
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Item 84 -212
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Review of Midas Muffler Conditional Use Permit to
allow a sign within the front yard setback.
Mrs. Lavin moved and Mr. Anderson seconded the
motion to approve the Conditional Use Permit
without an annual review, except if it is abused.
A poll of the vote was as follows: Mrs. Lavin,
Aye; Mr. Milbert, Aye; Mr. Shirley, Nay; Mr.
Anderson, Aye; Mayor Miller, Aye. The motion
carried,
Item 84 -210 Request by Walser Corporation to obtain a parcel of
land from the City directly east of Excelsior
Ave. abutting County Road 18.
Mr. Shirley moved and Mrs. Lavin seconded the
motion to have the City Attorney and the City
Manager draw up an appropriate lease. A poll of
the vote was as follows: Mrs. Lavin, Aye; Mr.
Shirley, Aye; Mr. Milbert, Aye; Mr. Anderson,
Aye; Mayor Miller, Aye. The motion carried
unanimously.
Review of Hopkins Auto X -Ray Conditional Use
Permit to allow a sign within the front yard
setback.
Mr. Anderson moved and Mrs. Lavin seconded the
motion to approve the Conbditional Use Permit
with no further annual review, except if abused.
A poll of the vote was as follows: Mr.
Anderson, Aye; Mr. Shirley, Aye; Mr. Milbert,
Aye; Mrs. Lavin, Aye; Mayor Miller, Aye. The
motion carried unanimously.
Item 84 -211 Fire Department request to amend Creekwood fire
lane.
Mr. Milbert moved and Mr. Anderson seconded the
motion to adopt the Resolution No. 84 -3169
amending the fire lanes. A poll of the vote was
as follows: Mr. Anderson, Aye; Mr. Shirley, Aye;
Mr. Milbert, Aye; Mrs. Lavin, Aye; Mayor Miller,
Aye. The motion carried unanimously.
Resolution No. 84 -3166 "RESOLUTION APPROVING 1984
TAX LEVY"
Mr. Milbert moved and Mr. Anderson seconded the
motion to approve the 1985 budget and adopt
Resolution No. 84 -3166 approving the tax levy. A
poll of the vote was as follows: Mrs. Lavin,
Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr.
Anderson, Aye; Mayor Miller, Aye. The motion
carried unanimously.
Item 84 -213 Selection of an Engineer for llth Avenue South
Bridge.
Mr.
and
Page 6 "Minutes of the October 2, 1984 Council meeting"
Item 84 -214 List of judges for the General Election November
6, 1984.
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Item 84 -215 Resolution No. 84 -3167 "RESOLUTION RE PERA
ADMINISTRATION"
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Item 84 -216 LRT Instruction
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ADJOURNMENT:
Mr. Anderson moved and Mr. Milbert seconded the
motion to approve the judges as listed. A poll
of the vote was as follows: Mrs. Lavin, Aye; Mr.
Milbert, Aye; Mr. Shirley, Aye; Mr. Anderson,
Aye; Mayor Miller, Aye. The motion carried
unanimously.
Mrs. Lavin moved and Mr. Shirley seconded the
motion to adopt the Resolution. A poll of the
vote was as follows: Mr. Anderson, Aye; Mr.
Shirley, Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye;
Mayor Miller, Aye. The motion carried
unanimously.
Mr Shirley moved and Mr. Milbert seconded the
motion to instruct the City Manager to contact
Mr.John Baker, A civil engineer at the
University of Edmonton to arrange for
consultation regarding light rail transit as it
affects the City of Hopkins. A poll of the vote
was as follows: Mrs. Lavin, Aye; Mr. Milbert,
Aye; Mr. Shirley, Aye; Mr. Anderson, Aye; Mayor
Miller, Aye. The motion carried unanimously.
Mr. Anderson moved and Mrs. Lavin seconded the
motion to adjourn the meeting at 11:30 p.m.
The motion carried.
Respectfully Submitted,
Jean Kaeding, Secy.
Robert F. iller, Mayor i