08-05-1980 A regular meeting of the Council of the City of Hopkins, Minnesota, was held
on Tuesday, August 5, 1980, at 7 : 30 p.m. , in the City Hall Council Chambers.
present were Mayor Pro Tem Milbert, Councilmembers Lohmann, Slaton and Arimond,
"resent
City Manager Craig, City Clerk Richardson, City Engineer Strojan, Asst.
Engineer Anderson, Operations Director Beecher, Building Inspector Kohnen, and
City Attorney Vesely. Absent: Mayor Miller.
Reel 162 Dr. Slaton moved, and Mrs. Arimond seconded the motion, that
Side 2 Item 1, under the CONSENT CALENDAR, be approved:
6-18
1. Minutes of the July 15, 1980, Council meeting.
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: Mrs. Arimond moved, and Mr. Lohmann seconded the motion, that the
18-51 expenditures dated August 5, 1980, Warrant No. 598 , in the amount of
$477, 847. 94, be approved and authorized for payment. A poll of the
vote was as follows : Mrs . Arimond, yea; Dr. Slaton, yea; Mr. Lohmann,
yea; and Mayor Milbert, yea. Motion carried unanimously.
HEARING:
Item: 80-105-R. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
51-59 Resolution No. 80-2870, "RESOLUTION RELATING TO THE AUTHORIZA-
TION AND ISSUANCE OF REVENUE BONDS OF THE CITY UNDER MINNESOTA
STATUTES, CHAPTER 474, "FOR THE PURPOSE OF FINANCING A PROJECT
THEREUNDER, AND AUTHORIZING AN APPLICATION BY THE CITY TO THE
MINNESOTA COMMISSIONER OF SECURITIES" , be adopted. A poll of
the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea;
Mrs. Arimond, nay and Mayor Milbert, yea. Motion carried.
Appearance: Mr. Chuck Eitel from ITT Thermotech appeared before the Council
59-104 regarding the traffic conditions at the corner of 5th and 11th
Avenue So. Petition requesting Council action was presented. No
formal action taken. by
Appearance: Presentation was made/Layne Orris from the Hennepin County Highway
104- Dept. of the County' s plans for Intersection of County Road 18
and State Highway #7. Henn. County Project #6706.
Action: Dr. Slaton moved, and Mr. Lohmann seconded the motion, that this
-138 item be referred to the Zoning & Planning Commission for a Public
Hearing to be held on August 26, 1980. 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: 80-92-Z. Mr. Lohmann roved , and Mrs. Arimond seconded the motion, that
138-176 the application by Super Valu, Inc . , for a change of zoning
from R-1-A residential to 1-2 Industrial for the property
formerly known as 20 thru 142 Monroe Ave. So. , which Zoning &
Planning recommeneenot be approved, be continued to the
Sept. 2, 1980, Council meeting. 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: 80-97-A. Mrs. Arimond moved, and Dr. Slaton seconded the motion, that
176-180 the Mayor' s an--ointments and reappointments to the various
Boards and Coj. i_ssions be continued to the August 19 , 1980,
Council meeti.nc because of the absence of Mayor Miller. A poll
of the vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea;
Mr. Lohmann, yea; and rayor Milbert, yea. Motion carried un-
animously.
Item: 80-99-0. Gary Flakne, Attorney for Mr. George Powell, owner of Harpo' s
180- Record Shop, appeared before the Council re Ordinance No. 80-
4. 475. (Drug Paraphernalia Ord. ) Also appearing, on behalf of
the City, was Sgt. Calvin Johnson of the Hopkins Police Dept.
Minutes of the August 5, 1980, Council meeting, cont. Page 2.
Item: 80-99-O,cont. Mr. Lohmann moved, and Dr. Slaton seconded the motion,
._82'
that Ordinance No. 80-475, "AN ORDINANCE AMENDING SECTION
920 : 70 OF THE 1977 HOPKINS CODE OF ORDINANCES PERTAINING
TO DRUG PARAPHERNALIA" , be accepted for the second read-
ing thereof and according to law same to be ordered pub-
lished. A poll of the vote was as follows: Mr. Lohmann,
yea; Dr. Slaton, yea; Mrs. Arimond, abstained; and Mayor
Milbert, yea. Motion carried.
Item: 80-100-R. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
821-1034 Council authorize the expenditure of approximately $4 , 000, as
recommended by staff, for additional parking spaces on City
property south of County Road 3 . 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: 80-107-E. Dr. Slaton moved, and Mrs. Arimond seconded the motion, to
1034-1131 approve the Engineer' s Report on proposed speed zone, stop sign
and No Parking zone near Harley Hopkins School. A poll of the
vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mrs.
Arimond, yea; and Mayor Milbert, yea. Motion carried unani-
mously.
Item: 80-108-R. Mr. Lohmann moved, and Dr. Slaton seconded the motion, based
401131-1152 upon the recommendation from the Park Board, to accept the
offer of a flag pole at the Downtown Park from the V.F.W
Women' s Auxiliary. 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: 80-109-E. Mrs. Arimond moved, and Dr. Slaton seconded the motion, that
1152-1165 the list of Election Judges for the September 9, 1980, Primary
Election, be approved. 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: 80-110-R. Mr. Lohmann moved, and Dr. Slaton seconded the motion, that
1165-1197 the owner of, and or other persons interested in, the metal
building once used as an ice cube dispenser, located at 1222 W.
Excelsior Ave. , Hopkins, MN. , legal description which is Lot 3,
Block 8 , West Minneapolis , Henn. County, be and they are here-
by ordered to raze and remove said building within 30 days from
the date of the service of a City Order drawn in conformity
herewith so to do, which building is hereby declared to be
hazardous, all pursuant to M.S.A. 463. 15 to 463 . 26, and that
• this and such order be enforced pursuant to such Statute. 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: 80-111-R. Mrs. Arimond moved, and Mr. Lohmann seconded the motion, to
197-1214 continue to the August 19, 1980, Council meeting the recom-
mendation from the Mayor' s Downtown Committee for approval to
hire a Consultant to undertake a survey of the Central Busi-
ness District, because of the absence of Mayor Miller. A
poll of the vote was as follows: Mr. Lohmann, _lea; Dr. Slaton,
yea; Mrs. Arimond, yea; and Mayor Milbert, yea. Motion carried
unanimously.
Item: 80-112-R. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
1214-1288 Council authorize the demolition of the house at 309 - 13th
Avenue North, as recommended by staff. A poll of the vote was
as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Lohmann,
yea; and Mayor Milbert, yea. Motion carried unanimously.
Minutes of the August 5, 1980, Council meeting, cont. Page 3.
Item: 80-113-0. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
1288-1306 Ordinance No. 80-476, "ORDINANCE VACATING A PART OF THE
NORTH-SOUTH ALLEY IN BLOCK 5, WEST MINNEAPOLIS" , be accepted
411 for the first reading, as recommended by Zoning & Planning.
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: 80-114-Z. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
1306-1320 the request by Red Owl Stores, Inc. , for a Conditional Use
Permit to replace an existing 15 ton CO2 tank with a 32 ton
CO2tank at 333 2nd St. No. , due to the changes presented, be
approved 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 un-
animously.
Item: 80-115-Z. Mr. Lohmann moved, and Mrs. Arimond seconded the motion, that
1320-1448 the request by Red Owl Stores, Inc. , for a Conditional Use
Permit to construct a two story office addition to the west
side of the building located at 333 2nd St. No. , be continued
to the August 19, 1980, Council meeting, and staff to contact
Red Owl re road easement. A poll of the vote was as follows :
Mr. Lohmann, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and
• Mayor Milbert, nay. Motion carried.
Item: 80-116-Z . Mr. Lohmann moved, and Mrs. Arimond seconded the motion, that
1448-1461 the recommendation from Zoning & Planning for vacation of
part of the North-South alley in Block 5, West Minneapolis,
be stricken from the Agenda as it had already been covered
under Item 80-113-0. Ordinance No. 80-476. A poll of the
vote was as follows: Mrs. Arimond, yea; Dr. Slaton, yea; Mr.
Lohmann, yea; and Mayor Milbert, yea. Motion carried unani-
mously.
Item: 80-117-Z. Mrs. Arimond moved, and Dr. Slaton seconded the motion, that
1461-1474 Resolution No. 80-2872 , "RESOLUTION APPROVING PLAT OF UPPAL' S
ADDITION" , be adopted as recommended by Zoning & Planning.
(property located between 7th Street South and 8th Street So. ,
and the south 210 feet on the west side of 8th Ave. So.between
7th St. and 8th St. South. ) 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: 80-118-Z . Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
41, 1474-1523 the recommendation from Zoning- & Planning for Council approval
of a request for application by Mr. Arnold Soskin for a Condi-
tional Use Permit for a ten foot high tennis fence at 802
Edgemoor Drive, be approved and that staff investigate if the
fence has been erected before Council approved and if so,that
the fee for the Permit be doubled. A poll of the vote was as
follows : Mrs. Arimond, yea; Dr. Slaton, yea; Mr. Lohmann, yea;
and Mayor Milbert, nay. Motion carried.
Item: 80-119-R. Mrs. Arimond moved, and Dr. Slaton seconded the motion, that
1523-end of tape Resolution No. 80-2869 , "RESOLUTION PROVIDING FOR THE ISSUANCE
Side 1 AND SALE OF INDUSTRIAL REVENUE NOTE PURSUANT TO CHAPTER 474,
1-11 MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED TO WAYZATA
LEASING FOR INDUSTRIAL DEVELOPMENT PROJECT AND APPROVING LOAN
AGREEMENT, LOAN AGREEMENT ASSIGNMENT, CONSTRUCTION LOAN AGREE-
MENT, MORTGAGE AND SECURITY AGREEMENT AND FINANCING STATEMENT
GUARANTY AGREEMENT, ASSIGNMENT OF RENTS AND LEASES AND BUY AND
SELL AGREEMENT" , be adopted. A poll of the vote was as follows
Mr. Lohmann, yea; Dr. Slaton, yea; Mrs. Arimond, yea; and
1/1 Mayor Milbert, yea. Motion carried unanimously.
Minutes of the August 5, 1980, Council meeting, cont. Page 4.
Item: 80-120-R. Mrs. Arimond moved, and Dr. Slaton seconded the motion, that
11-15 Resolution No. 80-2871-A, "RESOLUTION PROVIDING FOR THE
• ISSUANCE AND SALE OF INDUSTRIAL REVENUE NOTE PURSUANT TO
CHAPTER 474, MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED
TO EDWARD L. WARRINGTON FOR INDUSTRIAL DEVELOPMENT PROJECT
AND APPROVING CONSTRUCTION LOAN AGREEMENT, LOAN AGREEMENT,
ASSIGNMENT OF LOAN AGREEMENT, ASSIGNMENT OF RENTS AND LEASES,
MORTGAGE AND SECURITY AGREEMENT AND FINANCING STATEMENT,
GUARANTY AGREEMENT, INTERIM GUARANTY AGREEMENT AND BUY AND
SELL AGREEMENT" , 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: 80-121-R. Mrs. Arimond moved, and Dr. Slaton seconded the motion, that
15-20 Resolution No. 80-2871- , "RESOLUTION PROVIDING FOR THE
ISSUANCE AND SALE OF RE ENUE BONDS PURSUANT TO CHAPTER 474,
MINNESOTA STATUTES, TO ROVIDE FUNDS TO BE LOANED TO WARRING-
TON ASSOCIATES, INC. , F R INDUSTRIAL DEVELOPMENT PROJECT" , 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.
Action: Dr. Slaton moved, and Mrs. Arimond seconded the motion, that the
I21 meeting be adjourned. �,:�
(,1-t-At-(-4
' (A \ L-t,---L./
Dorothy M. J nson, - •retary to Council
COU LMEM/BE RS: '
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AT EST:
(L). -t ,e, ()_. /b/CA,,,,f
Donald J. Wilbert, Mayor Pro Tem
CERTIFICATION OF MINUTES RELATING TO
$ COMMERCIAL DEVELOPMENT REVENUE BONDS
-' (HOPKINS OFFICE BUILDING PROJECT)
Issuer: City of Hopkins , Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting,
held on August 5 , , 1980, at 7 :30 o'clock P .M. ,, at city
•
Members Present: Councilmembers Slaton, Lohmann, Arimond and Milbert .
Members absent: Mayor Miller
•Documents Attached:
Minutes of said meeting (pages) : •
MINUTES OF PUBLIC HEARING
ON PROPOSED PROJECT
RESOLUTION NO. 80- 2870
I, the undersigned, being the duly qualified and acting
recording officer of the public corporation issuing the obligations
referred to in the title of this certificate, certify that the docu-
ments attached hereto, as described above , have been carefully com-
pared with the original records of said corporation in my legal
custody, from which they have been transcribed; that said documents
are a correct and complete transcript of the minutes of a meeting
of the governing body of said corporation, and correct and complete
copies of all resolutions and other actions taken and of all docu-
ments approved by the governing body at said meeting, so far as they
relate to said obligations; and that said meeting was duly held by
the governing body at the time and place and was attended through-
out by the members indicated above, pursuant to call and notice of
such meeting given as required by law.
WITNESS my hand officially as such recording officer this
5th day of August , 1980.
•
-aign` le �C/1
H. E. Richardson, City Clerk
(SEAL) Name and Title