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MinutesA regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, March 17, 1981, at 7 :30 p.m. in the Council Chambers in the City Hall. Present were Mayor Miller, Councilmembers Milbert, Slaton and Arimond, also i°10 City Manager Craig, City Clerk Richardson, City Engineer Strojan, Asst. Engineer Anderson, Operations Director Beecher, Building Inspector Kohnen and City Attorney Vesely. Absent: Councilmember Lohmann. Reel 171 Dr. Slaton moved, and Mrs. Arimond seconded the motion, that the Side 1 items under the CONSENT CALENDAR, be approved. 1. Minutes of the March 3, 1981, Council meeting. 2. Additional 1981 misc. license applications: ULLOM PLUMBING CO., to install Gas Burners. A poll of the vote was as follows: Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Pro Tem Milbert, yea. Motion carried unanimously. Action: Mrs. Arimond moved, and Dr. Slaton seconded the motion, that the -31 expenditures dated March 17, 1981, Warrant No. 613 -0, in the amount of $9,480.16, and Warrant No. 613 -1 in the amount of $243,607.02, be approved and authorized for payment. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; and Mayor Milbert, yea. Motion carried unanimously. NOTE: At this time in the meeting (7:40 p.m.) Mayor Miller took his chair at the Council table. BID: Pursuant to notice bids were opened on March 12, 1981, at 10:00 a.m., for installation of Watermains, and the following bids were received: (see tabulation attached) Action: Dr. Slaton moved, and Mr. Milbert seconded the motion, that the 31 -59 contract for the installation of Watermains be awarded to Burchville in the amount of $68,032.05. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. HEARING: Hearing on Year III Neighborhood Improvement Program (see attached) 80- 143 -R. Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, to delete 59 -363 sidewalk construction on 1st Street North on both sides of 1st Stree North between 5th and 17th Avenues North. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, nay. Motion carried. Action: Mr. Milbert moved, and Mrs. Arimond seconded the motion, to delete 363 -481 sidewalk construction on 4th Street (Minnetonka Mills Rd.) North between 5th and 17th Avenues North (both sides). A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller,yea. Motion carried unanimously. Action: Dr. Slaton moved, and Mrs. Arimond seconded the motion, to delete 481 -551 repair of sidewalks, where needed, on East side of 5th Avenue North from 1st Street North to Wayside Road. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, to delete 551 -588 sidewalk repair on 5th Avenue North, west side, from Minnetonka Mill Road to the Rosewood Apartments, and staff to contact Hennepin Count re: repair of curbs. A poll of the vote was as follows: Mr. Milbez yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. Milbert moved to continue the official hearing to the next regular meeting and that an article be published in the HOPKINS SUN 588- explaining the proposed project. Manager suggested a notice through a press release. No objection thereto by Council. b Minutes of the March 17, 1981, Council meeting, cont. Page 2. Action: 952- Dr. Slaton moved, and Mrs. Arimond seconded the motion, that Resolution No. 81 -2913, "A RESOLUTION ORDERING IMPROVEMENTS PROPOSEI FOR THE THIRD YEAR COMMUNITY DEVELOPMENT PROGRAM, EXCEPT THOSE PRO JECTS DELETED BY COUNCIL MOTION, AND AUTHORIZE ADVERTISING FOR BIDS; be adopted. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, nay; and Mayor Miller, yea. Ivbtion not adopted because of insufficient Council attendance to secure 4 votes with one absence and matter continued to next meeting. Action: Dr. Slaton moved, and Mr. Milbert seconded the motion, to delete -1010 curb repair of the east side of 5th Avenue North from Excelsior Ave, to Wayside Road and the west side of 5th Avenue North from Minneton} Mills Road to Rosewood Apartments, and new curb abutting Rosewood Apartments. A poll of the vote was as follows: Mr. Milbert,yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. APPEAL HEARING: Action: 1011 -122 Appearance: Alan Engler appeared before Council requesting retention of 148 theatre seats. (see letter attached) Action: 1223- end of tape Action: Reel 172 Side 1 1 -10 Item: 10- Action: 1 00 -150 Item: 150- Item: Hearing re: Golden Key Health Club License application. Mr. Milbert moved,and Mrs. Arimond seconded the motion, to affirm 3 Council's previous denial of the application. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Dr. Slaton moved to continue this request. Motion lost for lack of second. Mrs. Arimond moved, and Mr. Hilbert seconded the motion,to affirm the Council's previous action and require the removal of the re- maining 148 seats. A poll of the vote was as follows: Mr. Milbert yea; Dr. Slaton, yea; Mrs. Arimond yea; and Mayor Miller, nay. Motion carried. 81 -18 -0. Dr. Slaton moved, and Mr. Hilbert seconded the motion, to amend Ordinance No. 81 -488, by adding the words "two years" under Sec.1,Item(c) .A poll of the vote was as follows: Mrs. Arimond, nay; Dr. Slaton, yea; Mr. Hilbert, yea; and Mayor Miller, yea. Motion carried. Dr. Slaton moved, and Mr. Milbert seconded the motion, that Ordinance No. 81 -488, "AN ORDINANCE REQUIRING INSPECTIONS AND ISSUANCE OF CERTIFICATES OF CODE AND HEALTH AND SAFETY COMPLIANCE, AND REGULATING TRANSFER AND OCCUPANCY OF CERTAIN RESIDENTIAL PRE MISES AND ESTABLISHING FEES as amended, be accepted for the first reading. A poll of the vote was as follows: Mr. Hilbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. 80 -92 -0. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that 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 continued to the April 7, 1981, Council meeting. 80-161-Z. ec'ommenaatiion d i�rom Zoning Arimond an o dor council it motion 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 boundar with the neighbors to reach accord, be continued to the April 7, 1981, Council meeting. Minutes of the March 17, 1981, Council meeting, cont. Page 3. Item: 80- 162 -R. Dr. Slaton moved, and Mrs. Arimond 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 -A zone to 0 setback to construct a grocery warehouse subject to staff memo, be continued to the April 7, 1981, Council meeting. Item: 80- 111 -R. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that -163 recommendation from the Mayor's Downtown Committee for approval to hire a Consultant to undertake a survey of the Central Business District, be continued to the April 7, 1981, Council meeting. A poll of the above 4 items was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 80- 189 -E. Mr. Milbert moved, and Dr. Slaton seconded the motion, that 162 -188 Resolution No. 81 -2914, "RESOLUTION ORDERING HEA6BRI llT "-1F INSTALLATION OF CURB AND GUTTER AND BIT i.MINOUS /SURL'1'G TYLER AVENUE FROM 2ND STREET N.E. TO ST. LOUIS STREET; ST. LOUIS STREET FROM TYLER AVENUE TO EXC- ELSIOR AVENUE; JACKSON AVENUE NORTH FROM 2ND STREET N. E. TO ST. LOUIS ST. be adopted. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. Item:81 -25 -0. Dr. Slaton moved, and Mrs. Arimond seconded the motion, that 188 -272 Ordinance No. 81 -489, "AN ORDINANCE ESTABLISHING FEES FOR INSPECTIONS IN CONNECTION WITH THE ISSUANCE OF CERTIFICATES PERTAINING TO THE HEALTH AND SAFETY COMPLIANCE ORDINANCE be accepted for the first reading. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 81 -26 -D. Discussion re: possible purchase of house at 106 -11th Ave. So 272- (see memo attached) No formal action taken by Council. Item: 81 -27 -A. Mr. Milbert moved, and Mrs. Arimond seconded the motion, -312 that the Police Dispatchers /PSO 1981 Wage Settlement, be approved. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried unanimously. 4:, Item: 81 -28 -0. Mr. Milbert moved, and Mrs. Arimond seconded the motion, 312- that Ordinance No. 81 -490, "AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE OF MASSAGE PARLORS, SAUNAS, RAP PARLORS, CONVERSATION PARLORS, ADULT ENCOUNTER GROUPS, ADULT SENSITIVITY GROUPS, ESCORT SERVICES, MODEL. SERVICES, DANCING SERVICES, HOSTESS SERVICES AND SIMILAR ADULT ORIENTED SER- VICES REQUIRING A LICENSE TO OPERATE SUCH BUSINESSES AND ESTABLISHING STANDARDS FOR THE CONSTRUCTION, ACQUISITION, OPERATION AND MAINTENANCE OF THEI -R FACILITIES be accepted for the first reading. A poll of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, nay; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried. Item: 81 -29 -R. Mr. Milbert moved, and Mrs. Arimond seconded the motion, that the recommendation from the City Manager re: mailing regula- tions for copies of the Agendas and Minutes of Council and Zoning Planning meetings, be approved. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and Mayor Miller, yea. Motion carried un- animously. (see memo attached) A Item: 81 -30 -A. Dr. Slaton moved, and Mr. Milbert seconded the motion, that -430 31 -C. Council refer to the City Attorney Attorne for drafting of contract language with the City Manager and report back at the next meeting of April 7, 1981, the contract be be- for a two year Minutes of the March 17, 1981, Council meeting, cont. Page 4. Item: 81- 30 -A., cont. period, and the City Manager's salary be set at the 31 -C. same percentage as the other employees received,plus $1,000 for 1981 '82. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mrs. Arimond, nay; and Mayor Miller, yea. Motion carried. Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, that the 430 meeting be adjourned. Motion carried. ATTE Jer, Miller, Mayor dretary to Counci Dorothy M. Johnson COUNCILMEERS: