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09-16-1980 A regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, September 16, 1980, at 7 :30 p.m. , in the City Hall Council Chambers. 4 Present were Mayor Miller, Councilmembers Lohmann, Milbert, Slaton and Arimond, also City Manager Craig, City Clerk Richardson, Building Inspector Kohnen, Supt. of Police LaBerge, and City Attorney Vesely. Absent: City Engineer Strojan, Asst. Engineer Anderson and Operations Director Beecher. Reel 164 Before the start of the regular Council meeting, Supt. LaBerge of Side 2 the Hopkins Police Dept. , in behalf of the Council, presented a 5-39 plaque to Reserve Officer Kenneth Ackerman for 20 years of faith- full service, the last 10 years as Captain, for the City of Hopkins Police Reserve. The Mayor and Councilmembers thanked Captain Ackerman for his many years of service to the City and voiced their appreciation of his serving without pay in this capacity. * * * * * * * * * * * * Action Dr. Slaton moved, and Mr. Lohmann seconded the motion, to approve 39- the CONSENT CALENDAR: 1. Minutes of the September 2, 1980, Council meeting. 2. Request by Northwestern Bell Telephone Co. , for permit to place II, buried cable on 2nd Avenue So. , between 7th St. & 5th St. to serve Warrington and Data-sery buildings. 3. Request by Minnesota Gas Co. , for permit to install two crossings of Excelsior Avenue near 19th & 20th Ave. to serve the Pines Trailer Court. 4. Request by Minnegasco for permit to install 2" gas main on 9th Ave. So. , south of 7th Street. Action: Mrs. Arimond moved, and Dr. Slaton seconded the motion that the Minutes of the September 2, 1980, Council meeting be amended as follows: under Section C, add the words "its successors and assigns" after the word 'vehicles' ; and under Section E, add the words "for corporate use" after the word 'parking ' ; and the words "its successors and assigns" after the word 'vehicles' . A poll of the vote was as follows on the amended motion. Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mrs. Arimond moved, and Mr. Lohmann seconded the motion, that Item: • 80-135-Z . , in the Council Minutes of September 2, 1980, be further amended by adding a period after Zoning & Planning and adding the words "Further, the Council amended the recommendation so that a 20 ft. green area be retained as a buffer zone adjacent to the east 1/2 of the Downtown Park" , and the next 20 ft. be used for parking" . A poll of the vote was as follows on this amended motion: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mayor Miller then called for a poll of the vote on the original -117 motion of approving the CONSENT CALENDAR, and the vote was as follows: Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller ea. Motion carried unanimously. * * * * * * * * * * Action: Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the 117-121 expenditures dated September 16, 1980, Warrant No. 601, in the amount of $354, 070. 07, be approved and authorized for payment. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Minutes of the September 16, 1980, Council meeting, cont. Page 2 . HEARING: Item: 80-137-P. Hearing on proposed parking restrictions at 5th Avenue No. and First St. North. A delegation from this area was in attendance re this hearing, and after considerable discussion, the following action was taken: Action: Mr. Lohmann moved, and Mr. Milbert seconded the motion, that we 121- order in the prohibition of parking at any time on 5th Avenue North from 100 ft. South of the intersection of 1st Ave. No. to 100 ft. North of the intersection on both sides of the road and on the West side, North of the intersection of 115 ft. as proposed and recom- mended by our Police Dept. A poll of the vote was as follows : Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. Lohmann moved, that we issue an order prohibiting parking on Oakglen Drive from 1st to 2nd Street No. , and on 6th Avenue North from 1st to 2nd Street No. between 7 : 00-10 : 00 p.m. on both sides of the streets on all nights of the week, as recommended by the Police Dept. Motion lost for lack of a second. Action: Mr. Lohmann moved, and Dr. Slaton seconded the motion, that we issue an order prohibiting parking on Oakglen Drive from 1st to 2nd Street 41/ No. from 7 : 00-10 : 00 p.m. on both sides of the street every night of the week. A poll of the vote was as follows : Mrs. Arimond, nay; Dr. Slaton, yea; Mr. Milbert, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried. Action: Mr. Lohmann moved, and Mr. Milbert seconded the motion, that we ask -536 the Zoning & Planning Commission to study the question of the density parking for theatre use in the City of Hopkins and make a recommenda- tion for change, if any, to this Council. A poll of the vote was as follows: Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Appearance: Request by Cynthia and Michael McGannon to appear before Council 536-921 re vandalism in their area. (Phil' s Deli, corner of 16th Avenue and Excelsior) . Mr. and Mrs. McGannon presented their case. Supt. LaBerge answered questions asked by those concerned. After considerable discussion, Mayor Miller announced that these concerns would certainly be looked into and asked for cooperation in helping the City in this respect. No formal action was taken by Council at this time. IIIItem: 80-92-0. Mr. Lohmann moved, and Mrs. Arimond seconded the motion, that 921-970 Ordinance No. 80-478, "AN ORDINANCE AMENDING HOPKINS ZONING ORDINANCE NO. 427 , BY REZONING A PART OF LOTS 11 THROUGH 18, BLOCK 23, AND LOTS 1 THROUGH 12, BLOCK 33, WEST MINNEAPOLIS CENTER, AND TRACTS C AND D, REGISTERED LAND SURVEY NO. 1143, FROM R-1-A TO I-2 USE" , be accepted for the first reading. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, nay ; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried. HEARING: Item: 80-132-R. Mr. Lohmann moved, and Mrs. Arimond seconded the motion, that 970- Resolution No. 80-2877, "RESOLUTION ADOPTING SPECIAL ASSESS- MENTS" , as noted under Exhibit "A" , attached, as follows: Items: 1, 3, 4, 5, 8 ,9 , 10, 12, 13 , 14, 16, 17, 18 and 19 , be adopted. A poll of the vote was as follows : Mr. Lohmann,yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Dr. Slaton moved, and Mr. Lohmann seconded the motion, that Item #2, 1010 under Exhibit "A" for bituminous surfacing on 6th Avenue So. , from Third St. So. to Fifth St. So. , Fifth St. So. from Sixth St. So. to Seventh St. So. , total cost of the project being $9, 597. 49, be adopted. (Res. No. 80-2877) . A poll of the vote was as follows: Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Minutes of the September 16, 1980, Council meeting, cont. Page 3. Action: Dr. Slaton moved, and Mr. Milbert seconded the motion, that Item #6, under Exhibit "A" , for the installation of watermain and hydrants on 15th Ave. So. , and 16th Ave. So. from 5th Street So. to 6th Street So. , total cost of the project being $77 ,351. 86; and Item #7, under Exhibit "A" , for the installation of sanitary sewer on 15th Ave. So. from 5th St. So. to 6th St. So. and 6th St. So. from 15th Ave. So. to 16th Ave. So. , total cost of the project being $40, 421. 86, be continued to the October 7, 1980, Council meeting. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Dr. Slaton moved, and Mr. Lohmann seconded the motion, that Item #11 under Exhibit "A" for extension of watermain on Blake Road No. , north of Cambridge St. and the installation of hydrants on Excelsior Ave. and Blake Road (National Tea, Poppin Fresh, Hiawatha Ave. , across from White Castle) cost of project being $14 , 572 . 82 , be continued to the October 7, 1980, Council meeting. A poll of the vote was as follows: Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. Lohmann moved, and Mr. Milbert seconded the motion, that Item #15, -1319 under Exhibit "A" (Res. No. 80-2877) for repair of water service at 517 Excelsior Ave. West, cost of project being $1, 014 . 36, be adopted. . A poll of the vote was as follows : Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. HEARING: Item: 80-145-H. Mr. Lohmann moved, and Mrs. Arimond seconded the motion, that 1319-1548 the hearing on the license for Hopkins Fun Center, 1561 Highway #7, be continued to the November 4, 1980, Council meeting on a trial basis, and that the hours for opening on school days be no earlier than 3 : 00 p.m. A poll of the vote was as follows: Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. NOTE: At this time in the meeting Mayor Miller turned the gavel over to Council- man Milbert to conduct the rest of the meeting (10 : 40 p.m. ) Item: 80-139-P. Mr. Lohmann moved, and Mrs. Arimond seconded the motion, that 1548 to end of Resolution No. 80-2878 , "RESOLUTION ORDERING ENGINEER'S REPORT tape ON PETITION FOR WATERMAIN EXTENSION" (Hopkins Nursing Home) , be Side 1 adopted. A poll of the vote was as follows : Mrs. Arimond, yea; 1-5 Dr. Slaton, yea; Mr. Lohmann, yea; and Acting Mayor Milbert, yea. Motion carried unanimously. Item: 80-140-R. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that 5- Resolution No. 80-2875, "RESOLUTION AUTHORIZING AGREEMENT WITH HENNEPIN COUNTY FOR TRAFFIC CONTROL SIGNAL SYSTEM AT INTERSECTION OF CSAH #3 AND 8TH AVENUE SOUTH" , be adopted. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Milbert, yea. Motion carried unanimously. Item: 80-141-R. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that -73 Resolution No. 80-2876, "RESOLUTION APPROVING COUNTY PLANS FOR CSAH NO. 18 , COUNTY PROJECT NO. 6706" , be adopted as recommended by Zoning & Planning. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Milbert, yea. Motion carried unanimously. Item: 80-142-L. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that the 73- request by the Hopkins Jaycee' s for a 1 day beer license, September 20th, Czech Days, Excelsior Ave. between 9th and 10th, be granted. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Milbert, yea. Motion carried unanimously. Minutes of the September 16, 1980, Council meeting, cont. Page 4. Item: 80-143-A. Mrs. Arimond moved, and Dr. Slaton seconded the motion, that Resolution No. 80-2879 , "RESOLUTION ORDERING ENGINEER'S REPORT Ilh FOR YEAR III COMMUNITY DEVELOPMENT PROJECT, NORTH HOPKINS, be adopted. A poll of the vote was as follows : Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Milbert, yea Motion carried unanimously. Item: 80-144-A. Mr. Lohmann moved, and Dr. Slaton seconded the motion, that the adoption of NOTICE OF TERMINATION of City of Hopkins Sanitary Landfill, be approved and the Mayor and City Manager be authorized to sign same. A poll of the vote was as follows : Mr. Lohmann, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Milbert, yea. Motion carried unanimously. Item: 80-146-Z. Mrs. Arimond moved, and Mr. Lohmann seconded the motion, that the Comprehensive Plan 1990, be accepted and distributed, as recommended by Zoning & Planning. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Milbert, yea. Motion carried unanimously. Item: 80-147-L. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that -97 the request by Keefe Volunteer Committee for a one day beer license, September 28 , 1980, at the K of C Hall, 34 - 10th 111 Ave. So. , be granted. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Milbert, yea. Motion carried unanimously. Action: Mr. Lohmann moved, and Mr. Milbert seconded the motion, that the 97-99 meeting be adjourned. Motion arried. I 49 9J !� i Dorothy M.Jobfnson, -cretary to Council Of COUNCLMEMBERS: , N,".-t-S2 /9‘. `)/V1-J-ii-L/4- (---)o-Ln'-li (i/L.--c-L,,,,,,--44 ATTEST: (------VN //lilt ‘/(--/LC-1 e A. �niller, Mayor - i 2' /3�- --1' z- Donald J. Miert, Mayor Pro Tem