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1-18-1977 CC A regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, January 18, 1977, at 7:30 p.m. , in the Council Chambers in the City Hall. Present were: Mayor Miller, Councilmen McDonald, Milbert, Pokorny and Slaton, also City 411 Manager Cotton, City Engineer Strojan, Asst. Engineer Anderson, Operations Director Beecher, Building Inspector Kohnen, Community Development Officer Kerrigan, and City Attorney Vesely. Reel 209 Mr. Pokorny moved, and Mr. McDonald seconded the motion, that the two Side 1 items under the CONSENT CALENDAR, be approved: 4-31 1. Minutes of the January 4, 1977, Council meeting, and the Minutes of the Public Hearing on the proposed Zoning Ordinance on January 11, 1977. 2. Additional 1977 license applications, with the exception of Licence #189, (request for a Set Up license for Ted F. Jameson, dba Brownie's Block House, 9 - 9th Avenue So.) . A poll of the vote was as follows: Mr. Pokorny, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. * * * * * * * * * * Action: Mr. McDonald moved, and Mr. Pokorny seconded the motion, that the expenditures 31-70 dated January 18, 1977, under Warrant No. 494, in the amount of $122,404.34, with • the exception of Item No. 19, in the amount of $8,389.09, for Federal Tax; and Warrant No. 495, in the amount of $247,401.47, be approved and authorized for payment. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Pokorny, yea; and Mayor Miller, yea. Motion carried unani- mously. HEARING: Continuation of Hearing on proposed Zoning Ordinance held on January 11, 1977. 70- Action: Dr. Slaton moved, and Mr. Pokorny seconded the motion, to change Page 22, re: R-4 and R-5 to read "over 3 stories takes a Conditional Use Permit. " A poll of the vote was as follows: Dr. Slaton, yea; Mr. Pokorny, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. McDonald moved, and Mr. Milbert seconded the motion, to leave the language as proposed previously in the Planned Unit Development section. A poll of the vote was as follows: Mr. Pokorny yea; Dr. Slaton, yea; Mr. Milbert yea; Mr. McDonald, yea; and Mayor Miller yea. Motion carried unanimously. Action: Mr. McDonald moved that the first reading include R-4 PUD, and that areas be designated on the zoning map prior to passing of the Zoning Ordinance. Motion lost for lack of a second. • Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, to refer to Zoning and Planning the designation of certain parcels to be in the R-4 Planned Unit Development. Action: Mr. McDonald moved to amend the original motion to put the Rudy Luther property in the R-4 Planned Unit Development zone and request Zoning and Planning to study and report to the Council on February 1, 1977, on other possible designa- tions. A poll of the vote was as follows: Mr. Pokorny, yea; Dr. Slaton, nay; Mr. Milbert nay; Mr. McDonald, yea; and Mayor Miller yea. Motion carried. Action: The poll of the vote on the original motion was as follows: Mr. Pokorny, yea; Dr. Slaton, nay; Mr. Milbert nay; Mr. McDonald yea; and Mayor Miller yea. Motion carried. Action: Mr. McDonald moved, and Mr. Pokorny seconded the motion, that the Oakridge property on County Road 73, be designated R-3 rather than R-1D, as proposed in the new ordinance, and that the request by Oak Ridge Country Club that the present R-1 density on the golf course remain, be referred to Zoning & Planning for their study and returned to the Council for their February 1, 1977, meeting. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; • Mr. Pokorny, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. McDonald moved, and Mr. Pokorny seconded the motion, that the ordinance be accepted for the first reading, as amended. A poll of the vote was as follows: Mr Z,okozny,. -yea; Dr. Slaton ; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Millery, yea. Motion carried unanimous-1y. Minutes of the January 18, 1977, Council meeting, cont. Page 2. Action: Mr. McDonald moved, and Mr. Pokorny seconded the motion, that the Public Hearing -757 on the proposed Zoning Ordinance be continued to the February 1, 1977, Council meeting. A poll of the vote was as follows: Mr. Pokorny, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried un- animously. HEARING: Item: 77-8-H. Hearing for consideration and approval for Third Year Community Develop- ment Program. Action: Mr. Pokorny moved, and Dr. Slaton seconded the motion, that Council approve 757- the Third Year Community Development Program as recommended by the Community Development Citizens Advisory Committee. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Pokorny, yea; and Mayor Miller,yea. Motion carried unanimously. Item: 77-12-R. Dr. Slaton, moved, and Mr. Milbert seconded the motion, to approve the location of the proposed park as recommended by the Community Development Citizens Advisory Committee. A poll of the vote was as follows: Mr. McDonald, nay; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Pokorny, nay; and Mayor Miller, nay. Motion lost. Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, that this item be placed • end of on the Park Board Agenda for their next meeting. A poll of the vote was as Side 1 follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Pokorny, yea; Side 2 and Mayor Miller, yea. Motion carried unanimously. 1-21 Item: 76-356-Z. Mr. Pokorny moved, and Dr. Slaton seconded the motion, that Council re- 21- consider their approval of the County's Plan to improve County Road #3, as requested by the Interlachen Park Association. A poll of the vote was as follows: Mr. Pokorny, yea; Dr. Slaton, yea; Mr. Milbert yea; Mr. McDonald, nay; and Mayor Miller, yea. Motion carried. Action: Mr. Pokorny moved to approve the original Plan as presented by the County. Motion died for lack of a second. Action: Dr. Slaton moved, and Mr. Milbert seconded the motion, that the County just put a blacktop overlay on Excelsior. A poll of the vote was as follows: Mr. McDonald, nay; Mr. Milbert,yea; Dr. Slaton, yea; Mr. Pokorny, nay; and Mayor Miller, nay. Motion lost. Action: Mr. Pokorny moved that Council approve Alternate I, Plan 7, by improving the area -411 from Hawthorne easterly. Motion died for lack of a second. • Item: 77-9-0. Dr. Slaton moved, and Mr. McDonald seconded the motion, that Ordinance No. 411-444 77-426, "AN ORDINANCE AMENDING SECTION 720:00 AND SECTION 720:05 of the 1970 ORDINANCE CODE OF THE CITY OF HOPKINS PERTAINING TO UNATTENDED MOTOR VEHICLES'; be accepted for the first reading with amendment to include the wording, "secure on private property". A poll of the vote was as follows: Mr. Pokorny, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 77-10-R. Mr. Miller moved, and Mr. Pokorny seconded the motion, that Resolution No. 444-448 77-2554, "RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY FOR 1977", be adopted, and that the Mayor be designated as Director and the City Engineer (Public Works Director) be designated as Alternate Director. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Pokorny, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 77-11-R. Mr. Pokorny moved, and Mr. Milbert seconded the motion, that the request by 448-457 the V.F.W. Post #425, for Council approval of expenditures of bingo funds for improvements to their building, be granted. A poll of the vote was as follows: Mr. Pokorny, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. • Item: 77-13-A. Mr. Milbert moved, and Mr. Pokorny seconded the motion, that the Mayor's 457- appointment of Howard S. Marker to a two year term on the Zoning & Planning Commission, be approved. A poll of the vote was as follows: Mr. Pokorny, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Minutes of the January 18, 1977, Council meeting, cont. Page 2. Item: 77-14-A. Mr. Milbert moved, and Mr. Pokorny seconded the motion, that the Mayor's -463 appointment of Dora Hendrickson to the Community Development Citizen's • Advisory Committee, be approved. A poll of the 'ote was as follows: Mr. Pokorny, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 77-15-R. Mr. Pokorny moved, and Mr. Milbert seconded the motion, that Resolution No. 463-491 77-2555, "RESOLUTION ESTABLISHING ELECTION DISTRICTS AND POLLING PRECINCTS IN THE CITY OF HOPKINS", be adopted. A poll of the vote was as follows: Mr. McDonald, nay; Mr. Milbert, yea; Dr. Slaton, nay; Mr. Pokorny, yea; and Mayor Miller, yea. Motion carried. Item: 77-16-A. Mr. Pokorny moved, and Mr. McDonald seconded the motion, that the Mayor's 491-496 appointment of himself as Chief Weed Inspector, and Sgt. Robert Anderson of the Hopkins Police Department, as Alternate Weed Inspector for 1977, be approved. A poll of the vote was as follows: Mr. Pokorny, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 77-17-R. Mr. Pokorny moved, and Dr. Slaton seconded the motion, that the request 496- for Council authorization to advertise for bids for a new Water Supply Well, opening to be February 18th, be approved. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. 411 Pokorny, yea; and Mayor Miller, yea. Motion carried unanimously. Appearance: Mr. Jameson, owner of the Block House, located at 9 - 9th Ave. So. , appeared at this time to ask the Council their reason for denying his request for a Set Up license at this location, which Council had acted upon earlier in the meeting. Action: Mayor Miller explained to Mr. Jameson the Council's reasoning in acting as they had and asked Mr. Jameson to come back in about two months with his request for this same license. Council took no further action on the original request. Action: Mr. Milbert moved, and Mr. Pokorny seconded the motion, to include Item No. 19, under Warrant No. 494, in the payment of the bills, as this item, as explained by our Finance Director, is for Federal Withholding Taxes for the City Payroll and is required by law to be paid. A poll of the vote was as follows: Mr. Pokorny, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, abstained; and Mayor Miller, yea. Motion carried. Action: Mr. Pokorny moved, and Mr. Milbert seconded the motion, that the meeting be -1162 adjourned. Motion carried. 11111 / ---A -LG '� Al _ , c_., j' IDorothy M. sons - ,etary to the Council COUNCILME . �J hk id _ A/k}4 7 191vC LIL6141-e-'( ATTEST: 4 --L eUe/' _Ad/ J:rro A. Miller, Mayor