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MinutesA regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, April 7, 1981, at 7 :30 p.m., in the Council Chambers in the City Hall. Present were Mayor Miller, Councilmembers Lohmann, Milbert, Slaton and Arimond, lso City Manager Craig, City Clerk Richardson, City Engineer Strojan, Asst. Engineer Anderson, Operations Director Beecher, Building Inspector Kohnen and City Attorney Vesely. Absent: None. Reel 172 Mrs. Arimond moved, and Mr. Lohmann seconded the motion, that Item Side 1 #1, under the CONSENT CALENDAR, be approved: 425- 1. Minutes of the March 17, 1981, 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 unanimousl Item: No. 2 under the CONSENT CALENDAR: Application for license: GERALD L. SHOBERG, 1111 Excelsior Ave. E., for 11 pool tables, 10 mechanical device Action: Dr. Slaton moved, and Mr. Milbert seconded the motion, that the above -601 license application request be continued to the April 21, 1981, Counci 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. Milbert seconded the motion, that the expenc 0601 -673 tures dated April 7, 1981, Warrant No. 614, in the amount of $235,776.44, be approved and authorized for payment with the exceptior. of Voucher #10108, in the amount of $31,000.00. 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. Item: 81 -38 -R. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that 673 -690 the request by VICA Club of Eisenhower High School for a licenE to hold a raffle on May 6, 1981, be approved. 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. Appearance: Appearance by Dave Lanigan re: permission to have water sport shoe at Shady Oak Beach for the Raspberry Festival. Action: Mr. Lohmann moved, and Dr. Slaton seconded the motion, that Council 690 -712 approve the request by Mr. Lanigan to hold a water sport show at Shady Oak Beach for Raspberry Festival, as recommended by the Hopkins Park Board. A poll of the vote was as follows: Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, and Mayor Miller,yez Motion carried unanimously. Appearance: Request by HBA re: False Alarm Ordinance. Mr. Ken Duneman from Hopkins Schwinn Bicycle appeared on this item. Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, that this item 712 -853 be continued to the April 21, 1981, Council meeting,for a staff report 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. CONT% HEARING: Item: 80- 143 -R. Mrs. Arimond moved, and Dr. Slaton seconded the motion, that 853 -981 Resolution No. 81 -2913, "A RESOLUTION ORDERING IMPROVEMENTS PROPOSED FOR THE THIRD YEAR COMMUNITY DEVELOPMENT, EXCEPT THO; PROJECTS DELETED BY COUNCIL MOTION, AND AUTHORIZING ADVERTISI] FOR BIDS 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. HEARING: tem: 80- 166 -R. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that 9 81 -1345 Resolution No. 81 -2919, "RESOLUTION ORDERING IMPROVEMENT ON TEXAS AVENUE FROM LAKE STREET TO DIVISION ST.AND DIVISION ST. FROM TEXAS AVENUE TO A POINT 800 FT. WEST BY THE INSTALLATION OF CONCRETE CURB AND GUTTER, DRIVEWAYS, BASE, BITUMINOUS SUR- FACING AND STORM SEWER THEREON be adopted. A poll of the vo was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbe: yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Minutes of the April 7, 1981, Council meeting, cont. Page 2. Item: 81 -42 -Z. (1345) 1411- Item: 81 -43 -Z. -1436 HEARING: Item: 81-7-P. 1436 -end of tape HEARING: Item: 81 -71 -P. Side 2 1 -17 HEARING: Item: 81 -71 -P. 17 -27 Item: 81 -44 -Z. 27 -128 Item: 80 -92 -Z. 128- Action: Mr. Milbert moved, and Mr. Lohmann seconded the motion, that the recommendation from Zoning Planning for Council approval of a request by Mr. Briggs for a Conditional Use Permit for a Planned Unit Development for the construction of an office warehouse at 1615 -5th St. So., be granted. A poll of the vote was as follows: Mr. Lbhihann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Mr. Milbert moved, and Dr. Slaton seconded the motion, that the recommendation from Zoning Planning for Council approval of a variance by Mr. Briggs to reduce the side yard setback requirement of 20 ft. to 10 ft. for construction of an office warehouse at 1615 -5th St. So., due to the poor soil conditions in the middle of the lot, be granted. 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 un animously. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that Resolution No. 81- 2920, "RESOLUTION ORDERING IMPROVEMENT ON THE EAST -WEST ALLEYS NORTH OF EXCELSIOR AVENUE BETWEEN 7TH AVE. NO. AND 10TH AVE. °NO, 0BY CONCRETE SURFACING THEREON", 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. Mrs. Arimond moved, and Mr. Lohmann seconded the motion, that Resolution No. 81- 2921, "RESOLUTION ORDERING IMPROVEMENT ON THE NORTH -SOUTH ALLEY BETWEEN 11TH AVENUE NORTH AND 12TH AVENUE NORTH, NORTH OF 4TH STREET BY CONCRETE SURFACING AND GRADING AN ASPHALT PATCH THEREON 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 unani- mously. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the hearing on improvement of the north -south alley between 5th Ave. No. and 6th Ave. No., between 3rd Street No. and Minnetonk Mills, Road by concrete surfacing thereon,bb continued to the May 5, 1981,Council meeting and the petition to vacate the allE be referred to Z &P Commission. A poll of the vote was as follm Mr. Lohmann,yea;Mr.Milbert,yea;Dr. Slaton,yea;Mrs.Arimond,yea; ar. Mayor Miiler,yea.Motion carried unanimously. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that the application by Hansard Agency for a Conditional Use Permit for parking and storage at 21 8th Ave. No., in conjunction with the auto sales operation at 7th &Excelsior Ave., known aE Rudy Luther Hopkins Motors, Inc., including landscaping and fencing on 8th Ave. as drawn on the survey with a six foot wrought iron fence set back six feet and landscaped with shrub: six foot open cyclone fence on the north property line, and sip foot cyclone fence with slats on the south property line, curb cut at the northerly 15 ft. of the property, and drainage to bE approved by the City Engineer, be approved as recommended by Zoning Planning. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. Lohmann, yea; (Mayor Miller was absent from the Council table for the poll of the vote). Motion carried unanimously. Mr. Lohmann moved, and Dr. Slaton seconded the motion, that Ordinance No. 81 -492, "ORDINANCE VACATIN( PARTS OF JEFFERSON AVENUE SOUTH AND SECOND STREET SOUTH be accepted for the firE reading. A poll of the vote was as follows: Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Ers. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Mr. Lohmann moved, and Mr. Milbert seconded the motion that the Minutes of the April 7, 1981, Council meeting, cont. Page 3. Item: 80 -92 -Z. cont. request by Super Valu Stores, Inc., and the Chicago, Milwaukee, St. Paul Pacific R.R., to vacate parts of Washington Avenue and Milwaukee St., be denied. A poll o the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. Lohmann, yea; and Mayor Miller nay. Motion carried. Item: 80 -92 -0. E i ved, and Mr. Lohmann seconded the motion, that th /Ordinance 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 tabled. Item: 80- 161 -Z. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that the recommendation from Zoning Planning for Council approval of an application by Super Valu Stores, Inc., for a Conditional Use Permit to construct a grocery warehouse on Monroe Avenue South, subject to Super Valu discussing aesthetics of boundary with the neighbors to reach accord, be tabled. Item: 80- 162 -Z. Mr. Milbert, moved and Mr. Lohmann seconded the motion, that recommendation from Zoning Planning for Council approval of an application by Super Valu Stores, Inc.,' for a variance in the I -2 zone from the required 40 ft. setback abutting an R -1 -2 zone to 0 setback to construct a grocery warehouse subject to staff memo, be tabled. -819 A poll of the above three items was as follows: Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80- 111 -R. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that 819- the Council' accept the report received from the Mayor's Down- town Committee and the recommendation from Zoning Planning for Council to hire a consultant to undertake a survey of the Central Business District. Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, to amend the previous motion and to request staff to solicit other bids for con- sultants to undertake this survey. Action: Mrs. Arimond moved to amend the motion to include the stipulation tha the City pay for one -half of the cost and the business community pay the other one -half for this study. Motion lost for lack of a second. Action: A poll of the vote on the amencded. 7 o Lion was as follows: Mrs. Arimond yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. Lohmann, yea; and Mayor Miller, nay. Motion carried. Action: Mayor Miller then called for a poll of the vote on the original motio -1201 as amended, and the vote was as follows: Mr. Lohmann, yea; Mr. Milber yea; Dr. Slaton, yea; Mrs. Arimond, nay; and Mayor Miller, yea. Motio: carried. Item: 81 -36 -R. Dr. Slaton moved, and Mr. filbert seconded the motion, that 1201 -1251 Resolution No. 81- 2918, "A RESOLUTION SUPPORTING S.F. 198, RELATING TO INFORMATION PRACTICES OF PUBLIC BODIES", be adopte and copies of this resolution be sent to the proper legislator 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. Appearance: Supt. LaBerge appeared before Council to report on Mall activities Item: 81 -41 -R. 0 Action: Mrs. Arimond moved, and Mr. Lohmann seconded the motion, that the 1251 -1485 following parking regulations be-instigated:Post signs stating "No Parking or Stopping, 10 ;p.m. to 5 a.m. both sides of Excelsior fron 12th to 17th Ave and authorize closing the Mall to vehicle traffic 10 p.m. to 3 >.m. Sunday thru Thursday, and from 9 p.m. to 3.a.m., Friday and Saturday, 8th to llth Ave. starting immediately. 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 carriE unanimously. Item: 1485- itso Minutes of the April 7, 1981, Council meeting, cont. Page 4. 81 -37 -R. Dr. Slaton moved, and Mr. Milbert seconded the motion, that the reauest from St. Joseph's Church for installation of two handicapped parking spaces City staff to decide locations, be approved. 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 un animously. Mr. Milbert moved, and Dr. Slaton seconded the motion, that Ordinance No. 81 -491, "ORDINANCE AMENDING HOPKINS ZONING ORDIN- ANCE SECTION 427:41, RE: FLOOD PLAIN be accepted for 1st reading. 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. Report on soil conditions Landfill. No formal action taken by Council. Item: 81 -39 -0. Item: 81 -40 -R. end of tape Item: 81 -18 -0. Reel 173 Side 1 1- Item: 81-25-0. Item: 81 -35 -P. -40 Item: 81-28-0. 40 -45 Item: 81 -30 -A. 45 -53 81 -31 -S. 53- Mr. Milbert moved, and Dr. Slaton seconded the motion, that Ordinance No. 81 -488, "AND ORDINANCE REQUIRING INSPECTIONS AND ISSUANCES OF CERTIFICATES OF CODE AND HEALTH AND SAFETY COM- PLIANCE AND REGULATING TRANSFER AND OCCUPANCY OF CERTAIN RESI- DENTIAL PREMISES AND ESTABLISHING FEES as amended, be accepte for the second reading thereof and according to law same to be ordered published. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert:, yea; and Mayor Miller, yea. Motion carried unanimously. (Councilmember Lohmar was absent from the Council table at time of poll.) Mr. Milbert moved, and Dr. Slaton seconded the motion, that Ordinance No. 81 -489, "AN ORDINANCE ESTABLISHING FEES FOR IN- SPECTIONS IN CONNECTION WITH THE ISSUANCE OF CERTIFICATES PER- TAINING TO THE HEALTH AND SAFETY COMPLIANCE ORDINANCE be accepted for the second reading thereof and according to law same to be ordered published. A poll of the vote was as follov, Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. (Councilmember Lohmann was absent from the Council table at time of poll.) Mr. Milbert moved, and Mr. Lohmann seconded the motion, that the petition for a four -way stop to be installed at the inter- section of 6th St. So. and 7th Ave. So., be referred to the Engineering and Police Departments for study. 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. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that Ordinance No. 81 -490, AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF MASSAGE PARLORS, SAUNAS, RAP PARLORS, CON- VERSATION PARLORS, ADULT ENCOUNTER GROUPS, ADULT SENSITIVITY GROUPS, ESCORT SERVICES, HOSTESS SERVICES AND SIMILAR ADULT ORIENTED SERVICES REQUIRING A LICENSE TO OPERATE SUCH BUSINESS] AND ESTABLISHING STANDARDS FOR THE CONSTRUCTION, ACQUISITION, OPERATION, AND MAINTENANCE OF THEIR FACILITIES be accepted fc the second reading thereof, and according to law same to be ordered published. A poll of the vote was as follows: Mr. Lohmann, abstained; Mr. Milbert, yea; Dr. Slaton, nay; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried. Mr. Milbert moved,and Mrs. Arimond seconded the motion, that the contract agreement with the City Manager be continued to the April 21, 1981, Council meeting. A poll of the vote was a follows: Mrs. Arimond, yea; Dr. Slaton, nay; Mr. Milbert, yea; Mr. Lohmann, abstained; and Mayor Miller,yea Motion carried. Mr. Lohmann moved, and Mrs. Arimond seconded the motion, that the Sale of "235" Housing Lots available for construction, be continued to the April 21, 1981, Council meeting. A poll of the vote was as follows: Mr. Lohmann, yea; Mr. Milbert, yea; D Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Minutes of the April 7, 1981, Council meeting, cont. Page 5. Item: 81 -32 -R. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that Resolution No. 81 -2915, "RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS 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. Item: 81 -33 -R. Mr. Lohmann moved, and Dr. Slaton seconded the motion, that Engineer's Report to install storm sewer south from 16th and Excelsior to existing storm sewer lines on public property to the south, be accepted. 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. Item: 81 -33 -R. Mr. Lohmann moved, and Dr. Slaton seconded the motion, that improvement by the installation of storm sewer on 16th avenue from 16th to Excelsior to existing storm sewer lines on public property to the south be authorized. 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 unani- mously. Item: 81 -34 -R. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the request for Council action to amend present ordinance re: city owned property between curb and residential property re: walkways, be referred to the City Attorney for legal language and report to Council at the meeting of April 21, 1981. A poll of the vote was as follows: Mr. Lohmann, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motio] carried unanimously. Item: 81 -45 -R. Mrs. Arimond moved, and Dr. Slaton seconded the motion, that the -165 request for addition of 11 spaces to permit parking area on 8th Avenue No., be approved. 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: -171 Mr. Milbert moved, and Dr. Slaton seconded the motion, that the meeting be adjourned. Motion carried. A. Miller, Mayor �Cc Dorothy M. Johnson•ecretary to Council COUNCIL ERS: c�f