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September 5, 1978 A regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, September 5, 1978 , at 7: 30 p.m. , in the Council Chambers in the , City Hall. Present were Mayor Miller, Councilmen Milbert, Slaton and Lohmann, also City Manager Craig, City Clerk Richardson, City Engineer Strojan, Asst. Engineer, Anderson, Operations Director Beecher, Building Inspector Kohnen, and City Attorney, Vesely. Absent: Councilman McDonald. Reel 138 Mr. Milbert moved, and Dr. Slaton seconded the motion, that Side 2 the three items under the CONSENT CALENDAR, be approved: 5- 1. Minutes of the August 15, 1978 Council meeting and special meeting of August 21, 1978. 2. Additional 1978 misc. license applications. (see list attached) 3. Request from Northern States Power Co. , for permission to in- stall buried cable to relocate underground facilities on St. Louis Street, approx. 300 ' east of Jackson Avenue, for Honeywell. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. - 111 * * * * * * * * * * * * * * Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, that the -25 expenditures dated September 5, 1978, Warrent 546 in the amount of $128 , 514 . 83; and Warrant 547 in the amount of $86, 020.50, be approved and authorized for payment. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Bids: Pursuant to notice bids were opened on 8-29-78, at 10 :00 a.m. , for 25- Bituminous Seal Coating and the following bids were received. (see tabulation of bids attached) . 1_ Iia. Slaton moved, and Mr. Lohmann seconded the motion, that Council award the contract for Bituminous Seal Coating to Allied Blacktop in the amount of $37, 380. 00 , as recommended by the Public Works Department. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Pursuant to notice bids were opened on 8-23-78, at 9 : 00 a.m. for the sale of City Property and the following bids were received. (see bid A attached) (Landfill property) 2. Mr. Milbert moved, and Mr. Lohmann seconded the motion, to award the contract for the purchase of City owned property (as described in the attached notice) to Rutledge Construction Company with the stipulation that they comply with the terms of the bid notice and bid proposal. A poll of the vote was as follows : Mr. Lohmann, yea; Dr. Slaton,yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Pursuant to notice bids were opened on 8-17-78, at 10 :00 a.m. , for a Para-Transit System and the following bids were received. (See proposal attached) . 3 . Mr. Milbert moved, and Dr. Slaton seconded the motion, to award the -74 contract for furnishing a Para-Transit System to Town Taxi Co. , Inc. , as set forth in their proposal attached. A poll of the vote was as follows : Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78-146-R. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that J074-84 Resolution No. 78-2716 , "A RESOLUTION EXPRESSING SUPPORT FOR RESIDENTS OF THE BELLGROVE AREA", be adopted. (This is in regard to a proposed trail through this area and supporting the residents to limit creek corridor use to canoeing and cross-country skiing) . A poll of the vote was as follows : Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Minutes of the Council meeting of September 5, 1978 , cont. Page 2. Item: 78-134-Z. Mr. Lohmann moved, and Dr. Slaton seconded the motion, that 111 84-90 Ordinance No. 78-452, "AN ORDINANCE VACATING THAT PART OF FIRST STREET SOUTH LYING WEST OF THE EXTENSION ACROSS IT OF THE EAST BOUNDARY LINES OF BLOCKS 23 AND 33, WEST MINNEAPOLIS CENTER, AND THAT PART OF THE NORTH-SOUTH ALLEY ABUTTING UPON BLOCK 33, WEST MINNEAPOLIS CENTER FROM THE EXTENSION ACROSS IT OF THE NORTH BOUNDARY LINE OF LOT 1, BLOCK 33, WEST MINNEAPOLIS CENTER TO THE EXTENSION ACROSS SAID ALLEY OF THE SOUTH LINE OF TRACT C, REGISTERED LAND SURVEY NO. 1143, EXCEPT EASEMENT" , be accepted for the second reading thereof and according to law same to be ordered published. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78-144-A. Mr. Lohmann moved, and Dr. Slaton seconded the motion, that 90- Council authorize the sale by the County of Parcel 9997 and 1625, as outlined on the attached maps, as tax forfeited lands in Hopkins. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. Lohmann moved, and Mr. Milbert seconded the motion, that Resolu- 0 -141 tion No. 78-2718 , "RESOLUTION EXPRESSING TO HENNEPIN COUNTY THAT TAX FORFEITED PARCEL 2960 IN THE CITY OF HOPKINS BE RELEASED TO THE CITY FOR PUBLIC PURPOSES" , be adopted. A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. (see map attached) . Item: 78-153-H. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that 141-163 the following dates be set aside for budget hearings; September 13th, 20th and 28th, 1978 , at 7:00 p.m. in the City Hall. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78-154-Z . Mr. Milbert moved, to approve the request by Mr. G. E. Nadler for a Conditional Use Permit to build an Arby' s Restaurant, on Blake Road North, with a drive-up window, approve the preliminary plat, and accept the recommendation from Zoning & Planning for denial of the rezoning. Motion died for lack of a second. Action: Mr. Lohmann moved, and Dr. Slaton seconded the motion, to approve 411 the Conditional Use Permit for a restaurant, approve the preliminary plat and approve rezoning south-easterly of the plat from I-1 to B-4. Action: Dr. Slaton moved, and Mr. Lohmann seconded the motion, to amend the above motion by rezoning the entire parcel from I-1 to B-4 . A poll of the vote was as follows : Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mayor Miller then called for a vote on the original motion and the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. Milbert moved, and Mr. Lohmann seconded the motion, that the City -432 Attorney be instructed to review the Zoning Ordinance and give a clarification of drive-in window restaurants . A poll of the vote was as follows: Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78-155-Z. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that 432-460 the request by Burger King for a Conditional Use Permit to 411- add a pick-up window to their present restaurant at 401 Excelsior Avenue, in view of it being a permitted use in the zoning district and the future traffic on Excelsior Avenue, be approved, as recommended by Zoning & Planning. A poll of the vote was as follows : Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried un- animously. Minutes of the Council meeting of September 5 , 1978, cont. Page 3. Item: 78-156-Z. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that 460-501 the Zoning & Planning resolution approving amendment to the Hopkins Redevelopment Program for the CBD by adding certain territory thereto for for public parking and related purposes (see copy attached) , be adopted. A poll of the vote was as follows : Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried un- animously. Item: 78-157-R. Dr. Slaton moved, and Mr. Milbert seconded the motion, that 501-516 the request from Hopkins Area Jaycees for a temporary beer permit to sell 3.2 beer at the Hopkins Czech Heritage Festi- val, being sponsored by the HBA on Saturday, September 16, 1978, be granted. (Booja will be served along with beer and other beverages) . A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, that the 527 meeting be adjourned. Motion carried. , ,. 7 `Dorothy M. Johnson, Secretary to Council COU - ILME4,N: -fit c ?"7_,e`a4, /----L. ,, u3. cAve......„0.4%......../ • ATTEST: Jerre A. Miller, Mayor 4 1978 License Council Approval September 5, 1978 #267 Walter Petricka Auctioneer - one day Shakopee #268 Ernst Mach. & Housemover Housemover 9400 85th Ave. No Mpls #269 Michael Ricke Vendina machine 1 @25.00 Hop. Speed Wash 1810 ExcelsiorAve. W #270 Michael Ricke Vending machine 1 @25.00 Hop. Speed Wash 1206 Excelsior Ave. W. #271 Richmond & Sons Install gas burners 41/ 5182 West Broadway Crystal •