July 5,1978 CC i
A regular meeting pf the Council of the City of Hopkins, Minnesota, was
held on Wednesday,',July 5, 1978, at 7:30 p.m., in the Council Chambers in
the City Hall.
• Present were Mayor Pro Tem Milbert, Councilmen McDonald and Lohmann, also
City Manager Craig City Clerk Richardson, City Engineer Strojan, Operations
Director Beecher, uilding Inspector Kohnen and City Attorney Vesely. Absent:
Mayor Miller, Coun�ilman Slaton and Asst. Engineer Anderson.
Reel 136 Mr. McD nald moved, and Mr. Lohmann seconded the motion, that
Side 2 the two items under the CONSENT CALENDAR, be approved.
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1.Minutes of the June 20, 1978 Council meeting.
2. Addit' nal 1978 misc. license applications: JAY'S FAMILY RESTAU-
RANT, Vending Machine; LINCOLN HOUSE 49EST, Food Establishment.
(10 - 3th Ave. So.)
A poll of � e vote was as follows: Mr. McDonald, yea; Mr. Lohmann, yea;
and Mayor M lbert, yea. Motion carried unanimously.
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Bills:
Action: Mr. McDonald moved, and Mr. Lohmann seconded the motion, that the
� 5-9 expendituXes dated July 5, 1978, under Warrant No. 542, in the
amount of $316,304.35, be approved and authorized for payment. A
poll of t e vote was as follows: Mr. McDonald, yea; Mr. Lohmann, yea;
and Mayor Milbert, yea. Motion carried unanimously.
Appearance: Reque t by Mr. Dwight Yerxa to appear before the Council re:
9-77 parki g hours on the old City Hall site to accommodate his cus-
tomer .(Vic's Red Door). No formal action taken by Council.
Item: 78-116-Z. M'. Lohmann moved, and Mayor Milbert seconded the motion,
77-92 t at Council concur with the recommendation by Zoning &
P anning for modification of a Conditional Use Permit dated
J',ne 8, 1967, eliminating Stage II, based on input from resi-
d+�nts, and the application by the Church of St. Johns
E�angelist. A poll of the vote was as follows: Mr. Lohmann,
yea; Mr. McDonald abstained, and Mayor Milbert, yea. Motion
c�rried.
Item: 78-91-0. Mr« McDonald moved, and Mr. Lohmann seconded the motion, that
92-98 Ordinance No. 78-448, "AN ORDINANCE AMENDING SECTION 370 OF
THB 1977 CODE OF ORDINANCES OF THE CITY OF HOPKINS", be
• acaepted for the second reading thereof and according to law
sa�e to be ordered published. A poll of the vote was as
foljlows: Mr. McDonald, yea; Mr. Lohmann, yea; and Mayor Milbert
yea�. Motion carried unanimously.
Item: 78-102-0. Mr. McDonald moved, and Mr. Lohmann seconded the motion, that
98-114 Or inance No. 78-449, "AN ORDINANCE AMENDING SECTION 810:60
OF'�THE 1977 CODE OF ORDINANCES OF THE CITY OF HOPKINS AS TO
HO RS OF OPERATION FOR 'OFF SALE' SALES OF INTOXICATING LIQUOR
ON FRIDAYS", be continued to the July 18, 1978 Council meeting.
A oll of the vote was as follows: Mr. Lohmann, yea; Mr.
Mc onald, yea; and Mayor Milbert,yea. Motion carried un-
an ously.
Item: 78 Mr. Lohmann moved, and Mr. lulcDonald seconded the motion, that
114- Re� lution No. 78-2699, "RESOLUTION ORDERING ENGIYIEER'S REPORT
ON' ETITION FOR CURB CUT AT 201 - 7TH STREET SOUTH", be
ado ted. (Petitioner Paul C. Janke). A poll of the vote was
as ,follows: Mr. McDonald, yea; Mr. Lohmann, yea; and Mayor
Mil�ert, yea . Motion carried unanimously.
�Item: 78-107-R. Mr.�McDonald moved, and Mr. Lohmann seconded the motion, that
137 Resblution No. 78-2700, "RESOLUTION ORDERING IMPROVEMENT OF
CUR� CUT AT 201-7TH STREET SOUTH", be adopted. A poll of the
votie was as follows: Mr. Lohmann, yea; Mr. McDonald, yea; and
Ma�r r Milbert, yea. Motion carried unanimously.
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Minutes of the July 5, 1978, Council meeting, cont. Page 2.
Item: 78-108-R. M�. Lohmann moved, and Mr. McDonald seconded the motion, that
�37-140 rQquest by Jack Yee's Restaurant for renewal of their set-up
license from July 1, 1978 thru June 30, 1979, be approved. A
pQll of the vote was as follows: Mr. McDonald, yea; Mr.
L�hmann, yea; and Mayor Milbert, yea. Motion carried un-
a imously.
Item: 78-109-0. M'. McDonald moved, and Mr. Lohmann seconded the motion, that
140-198 O dinance No. 78-450, "ORDINANCE LICENSING AND REGULATING THE
C�NDUCT OF BINGO AND OTHER AUTHORIZED GAMBLING DEVICES WITHIN
T�E CITY OF HOPKINS", be accepted for the first reading. A
p 11 of the vote was as follows: Mr. Lohmann, yea; Mr.
M Donald, yea; and Mayor Milbert, yea. Motion carried un-
a imously.
Item: 78-110-0. M. Lohmann moved, and Mayor Milbert seconded the motion,
198- t at Ordinance No. 78-451, "AN ORDINANCE REGULATING THE DIS-
P AY, POSSESSION, TRANSFERENCE, AND CONSUMPTION OF INTOXICA-
T NG AND NON-INTOXICATING MALT LIQUOR OR BEVERAGES IN CERTAIN
P BLIC AREAS", be accepted for the first reading. _
• Action: Mr. McDorta"�"d inov�a; �ar�Ct' Mr. to amend
the origi;nal motion by adding the words under Section 850: "as de-
fined in',Section 850.05,Sub. 1". A poll of the vote was as follows:
lulr. McDo ald, yea; Mr. Lohmann, yea; and Mayor Milbert, yea. Motion
carried nanimously.
Action: Mayor Mi then called for a poll of the vote on the original
-239 motion. 'The poll of the vote was as follows: Mr. Lohmann, yea; Mr.
McDonald� yea; and Mayor Milbert, yea. Motion carried unanimously.
Item: 78-111-A. M. McDonald moved, and Mr. Lohmann seconded the motion, that
239-259 C uncil authorize the Mayor and City Manager to sign the
A reement with Hennepin County and the City of Hopkins for
v hicle fleet maintenance. A poll of the vote was as follows:
M. McDonald, yea; Mr. Lohmann, yea; and Mayor Milbert, yea.
M'tion carried unanimously.
Item: 78-112-A. Mr,. McDonald moved, and Mr. Lohmann seconded the motion, that
259-291 Cduncil authorize staff to seek bids for Para-Transit services
within the City of Hopkins, and these services to expire on
August 31, 1979. A poll of the vote was as follows: Mr.
• Lahmann,yea; Mr. McDonald, yea; and Mayor Milbert, yea. Motion
carried unanimously.
Item: 78-112-R. Mri• Lohmann moved, and Mr. McDonald seconded the motion, that
291-308 Co�uncil authorize the sum of $1400 to raise the Community
D�velopment commitment to Para-Transit Plan from $10,600 to
$12,000. A poll of the vote was as follows: Mr. McDonald,
y�a; Mr. Lohmann, yea; and Mayor Milbert, yea. Motion carried
u animously.
Item:78-113-Z. Mr Lohmann moved, and Mr. McDonald seconded the motion, that
308-378 Co cil approve the request by Mr. Anthony R. Tempesta for a
Co itional Use Permit to construct 8- 4 plex's at the south-
we�t corner of 7th St. & 9th Ave.So:,and the conditions set
fo� h the Watershed DiStrict.a�.d as recommended by the Zon-
inc� and Planning Commission. (see attached) A poll of_the vote
wa� as follows: Mr. Lohmann, yea; Mr. McDonald, yea; and Mayor
Mil ert, yea. Motion carried unanimously.
Item: 78-114-Z. Mr. Lohmann moved, and Mr. McDonald seconded the motion, that
378- Cour�cil approve the request for a Conditional Use Permit to
� construct a two story warehouse addition at 21 Harrison Ave.No.
and a front yard varianc�� granted because of the uniqueness
of the shape of the lot/t`h parking is no longer a problem, as
set forth in Zoning & Planning recommendation attached. A poll
of !the vote was as follows: Mr. McDonald, yea; Mr. Lohmann,
yea; and Mayor Milbert, yea. Motion carried unanimously.
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Minutes of the J�ly 5, 1978, Council meeting, cont. Page 3.
Item: 78-115-Z. I � I ��r. Lohmann moved, and Mr. McDonald seconded the motion,
`-568 i that a Conditional Use Permit be granted to build a 4 story,
� unit apartment building on the old South Junior High
���nnex site in accordance with the plans as submitted by Mr.
i inkel. A poll of the vote was as follows: Mr. Lohmann, yea;
i r. McDonald, yea; and Mayor Milbert yea. Motion carried
i nanimously.
Item: 78-98-Z. ��. McDonald moved, and Mr. Lohmann seconded the motion, that
568-617 alvariance be granted to Mr. R.H. Gardner to the front yard
��t back requirement to construct a single family home in
��e R-1-C District, as set forth in the Z& P Minutes attached
� poll of the vote was as follows: Mr. McDonald, yea; Mr.
L hmann, yea; and Mayor Milbert, yea. Motion carried un-
a imously.
Item: 78-118-R. M�. Lohmann moved, and Mr. McDonald seconded the motion, that
617-642 R�solution No. 78-2698, "RESOLUTION OF COUNCIL APPROVAL OF
E�CHANGE OF PROPERTY BETWEEN THE CITY OF HOPKINS AND MODERN
M�2RCHANDISING", be adopted subject to approval by the City
A�torney as to form. A poll of the vote was as follows: Mr.
• Ldhmann, yea; Mr. McDonald, yea; and Mayor Milbert, yea.
M tion carried unanimously.
Action: Mr. Loh ann moved, and Mr. McDonald seconded the motion, that the
661 meetingl e adjourned. Motio carried.
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Dorothy M Johns n, Secretary to Counci:
� COUN L N:
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• ATTEST:
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Donald J. Milbert,IMayor Pro Tem
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