Oct 3, 1978 CC A regular meeting of the Council of the City of Hopkins, Minnesota, was held
on Tuesday, October 3, 1978, at 7: 30 p.m. , in the Council Chambers in the
City Hall.
Present were Mayor Miller, Councilmen McDonald, Milbert, Slaton and Lohmann,
also City Manager Craig, City Clerk Richardson, City Engineer Strojan, Asst.
Engineer Anderson, Operations Director Beecher and City Attorney Vesely.
Ilfrbsent: Building Inspector Kohnen.
Reel 139 Mr. Milbert moved, and Dr. Slaton seconded the motion, that the
Side 2 items under the CONSENT CALENDAR, be approved;
57-63
1. Minutes of the September 19 , 1978, Council meeting.
2 . Request from Alice Smith PTA, 801 Minnetonka Mills Road, for a
bingo permit for December 1, 1978. ($25. 00 fee)
3. Request by Northwestern Bell Telephone Co. , for permit to place
buried cable on Gethsemene Road for plant improvement.
A poll of the vote was as follows : Mr. McDonald, yea; Mr. Milbert,
yea; , Dr. Slaton, yea; and Mayor Miller, yea. Motion carried un-
animously.
* * * * * * * * *
Action: Dr. Slaton moved, and Mr. Milbert seconded the motion, that the ex-
63-67 penditures dated October 3, 1978, Warrant No. 549, in the amount of
410 $115,019 .19 , be approved and authorized for payment. A poll of the
vote was as follows: Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald,
yea; and Mayor Miller, yea. Motion carried unanimously.
Bid: Pursuant to notice bids were opened on September 28, 1978, at 10 : 00
a.m. , for Asphalt Surfacing of Bike Trails, and the following bids
were received: (see tabulation attached)
Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, to award the
67-72 contract for Asphalt Surfacing of Bike Trails to Pavemaster, Inc. , as
recommended by staff. A poll of the vote was as follows : Mr. McDonald,
yea; Mr. Milbert, yea; Dr. Slaton, yea; and Mayor Miller, yea. Motion
carried unanimously.
Note: At this time in the meeting (7 :45 p.m. ) Councilman Lohmann took his
chair at the Council table.
Item: 78-150-H. Hearing continued, from the September 19 , 1978, Council meeting
on special assessments on acquistion of land and construction
of public parking lots as described in Exhibit "A" , attached.
411ction: Mr. McDonald moved, and Dr. Slaton seconded the motion, that Resolu-
2-111 tion No. 78-2725, "RESOLUTION APPROVING SPECIAL ASSESSMENTS OF PARKING
LOTS AS SET FORTH IN ITEM 12 IN EXHIBIT "A" ATTACHED" . A poll of the
vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton,
yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried un-
animously.
Item: 78-166-R. Mr. McDonald moved, and Mr. Milbert seconded the motion, that
111-256 contingent approval of the conceptual graphic presented by
Land Architects Associates on September 22 , 1978 , for planning
a landscaped park area in central downtown Hopkins be given
by the City Council subject to the condition that no work
beyond basic site preparation be done on the area until final
approval of the Council shall be obtained after public review
of (1) a detailed plan of final formation of the area includ-
ing accoutrements and appurtenances to be listed and described;
(2) an architectual rendering of the final formation to be
discussed by the Hopkins Park Board with representatives of
the "downtown communities" ; and (3) a fiscal budget and spend-
ing program to show amounts and sources of all funds to be used
for completing the park according to plan, including an appor-
tionment of expenditures of work and materials to identify
Minutes of the October 3 , 1978, Council meeting, cont. Page 2.
Item: 78-166-R,cont. what is to be supplied from "in-house" resources and
what is to be purchased specifically from vendors, con-
tractors, and other providers . A poll of the vote was
as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr.
Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea.
Motion carried unanimously.
Item: 78-168-R. Mr. Milbert moved, and Mr. McDonald seconded the motion, that
256-278 Resolution No. 78-2722, "RESOLUTION WAIVING PLATTING REQUIRE-
MENTS TO ALLOW DIVISION OF PROPERTY CONVEYANCE BY STEINER &
KOPPELMAN, INC. , TO PAUL N. STEINER" , be adopted. A poll of
the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea;
Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller yea. Motion
carried unanimously.
APPEARANCE: Mr. Henry Hyatt from TACH appeared before the Council ,re the re-
habilitation of the South Junior High School into a 64 unit
apartment dwelling and proposed Community Center . Also included on
the site would be 36 Townhouse units.
Action: Mr. McDonald moved, and Mr. Lohmann seconded the motion, that Resolu-
278- tion No. 78-2726, "RESOLUTION EXPRESSING THE COUNCIL'S THANKS TO MR.
HENRY HYATT FOR PRESENTING THE CONCEPTUAL PLAN AND EXPLANATIONS OF
THEIR DESIGN INTENTIONS", be adopted. A poll of the vote was as
follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr.
McDonald, yea; and Mayor Miller, yea. Motion carried unanimously.
•ction: Mr. McDonald moved, and Mr. Milbert seconded the motion, that Resolu-
-657 tion No. 78-2727, "RESOLUTION EXPRESSING THAT PARTICULAR CARE BE TAKEN
BY THE STAFF AND COUNCIL TO MAKE NO SUBSTANTIAL COMMITMENTS EXPRESSED
OR IMPLIED ON BEHALF OF THE CITY TO THIS PROJECT AND THAT THE STAFF IS
DIRECTED TO BRING THE PROPOSED DEVELOPERS INTO A PUBLIC MEETING OF
THIS COUNCIL TO DISCUSS IN MORE DETAIL THE PROGRESS PARTICIPATION OF
THIS PLAN" , be adopted. A poll of the vote was as follows : Mr.
Lohmann, nay; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and
Mayor Miller, nay. Motion carried.
Item: 78-170-Z. Mr. Milbert moved, and Dr. Slaton seconded the motion, that the
657-866 recommendation from Zoning & Planning for Council approval of
the proposed improvement of County Road 3 (Excelsior Blvd. )
from 2000 feet east of County Road 20 (Blake Road) to 400 feet
west of Louisiana Ave. in St. Louis Park (County Plan 9A) , be
adopted. A poll of the vote was as follows : Mr. Lohmann, yea;
Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor
Miller, yea. Motion carried unanimously.
Item: 78-176-R. Mr. Lohmann moved, and Dr. Slaton seconded the motion, that
4,66-913 Resolution No. 78-2725, "A RESOLUTION FOR $700,000 CITY OF
HOPKINS INDUSTRIAL REVENUE BONDS - T ,& H MARKETS, INC. , LESSEE,
SERIES 1978" , be adopted. A poll of the vote was as follows:
Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr.
Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously
Item: 78-169-P. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that
913- the petition from residents on 7th Avenue South for No Parking
east side of street (except for residents only) or a 2 Hour
Parking sign, be referred to the Engineering and Police Dept.
for study and report. A poll of the vote was as follows : Mr.
Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald,
yea; and Mayor Miller, yea. Motion carried unanimously.
Item: 78-177-P. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that
Resolution No. 78-2728 , "RESOLUTION ORDERING ENGINEER'S REPORT
ON PETITION FOR CONCRETE SIDEWALKS, CURB & GUTTER, AND STREET
SURFACING ON 7TH AVENUE NORTH" , be adopted. A poll of the vote
was as follows : Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton
yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried
unanimously.
Minutes of the October 3 , 1978, Council meeting, cont. Page 3 .
Item: 78-178-P. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that
-985 Resolution No. 78-2729 , "RESOLUTION ORDERING ENGINEER'S REPORT
ON PETITION FOR PAVING OF ALLEY ON 5TH AVENUE SOUTH" , be
adopted. A poll of the vote was as follows: Mr. Lohmann, yea;
1110 Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and
Mayor Miller, yea. Motion carried unanimously.
Item: 78-160-0. Mr. Lohmann moved, and Dr. Slaton seconded the motion, that
985-993 Ordinance No. 78-453, "AN ORDINANCE AMENDING HOPKINS ZONING
ORDINANCE NO. 427 BY REZONING PART OF LOT 90, AUDITOR'S SUB-
DIVISION 239, AND OF TRACT A, R.L.S. 1086 , FROM I-1 TO B-4" ,
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. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea;
Mr. McDonald, yea; and Mayor Miller, yea. Motion carried un-
animously. (Arby' s)
Item: 78-175-R. Mr. McDonald moved, and Dr. Slaton seconded the motion, that
993- Resolution No. 78-2724 , "A RESOLUTION DENOTING APPROVAL OF A
PROPOSED CABLE SERVICE TERRITORY WITHIN THE BOUNDARIES OF THE
MUNICIPALITIES OF BLOOMINGTON, EDINA, RICHFIELD, EDEN PRAIRIE,
ST. LOUIS PARK, HOPKINS AND MINNETONKA", be continued to the
Council meeting of October 17, 1978, in order to have con-
firmation of transfer of the franchise to the operating company
expected to provide service to the City of St. Louis Park. A
. poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert
yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea.
Motion carried unanimously.
Action: Mr. McDonald moved, and Mr. Lohmann seconded the motion, that
-1098 City of Hopkins Omnibus Commission be charged to form a Cable
Commission Advisory Committee comprised of members of the
City's Omnibus Commission plus other persons to be selected
for their particular knowledge and qualifications for such
service to the community; the names of the first of additional
persons selected by the Omnibus Commission to be reported to
the City Council for actual nomination at the regular meeting
of the Council on October 17, 1978 . A poll of the vote was as
follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea;
Mr. McDonald, yea; and Mayor Miller, yea. Motion carried un-
animously.
Bid: Pursuant to notice bids were opened on Tuesday, October 3, 1978 , at 10: 00
a.m. , for Storm Sewer and the following bids were received. (See tabula-
tion attached) .
fiction: Mr. Milbert moved, and Mr. Lohmann seconded the motion, that the con-
098-1104 tract for Storm Sewer be awarded to Q.R.S . Construction Inc. , in the
amount of $14, 818. 00 , as recommended by staff. A poll of the vote
was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea;
Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously.
Item: 78-163-R. Mr. Lohmann moved, and Mr. Milbert seconded the motion, to
1104-1131 implement the study as submitted by the City Engineer for
changes in traffic lane markings at the intersection of County
Road 3 and 11th Avenue South. A poll of the vote was as
follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea;
Mr. McDonald, yea; and Mayor Miller, yea. Motion carried un-
animously.
Item: 78-167-R. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that
1131-1147 Resolution No. 78-2723, "A RESOLUTION AGREEING TO PRIOR APP-
ROVAL FROM HUD IN CONNECTION WITH DEED RECORDED IN THE OFFICE
OF THE HENNEPIN COUNTY RECORDER ON JANUARY 10, 1978 , AS DOCU-
MENT NO. 4347631" (Mpls. Floral) , be adopted. A poll of the
vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr.
Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion
carried unanimously.
Minutes of the October 3, 1978 , Council meeting, cont. Page 4 .
Item: 78-171-Z. Mr. Milbert moved, and Dr. Slaton seconded the motion, that
1147-1159 recommendation from Zoning & Planning for Council approval of
a request by Bob Mason for a variance to eliminate the front
yard setback of one foot at 1023 Excelsior Avenue West -
(Dahlberg Bldg. ) for remodeling and enlargement of the build-
ing by rebuilding of the old structure and the use of the old
footings as the reason for granting the variance, be adopted.
A poll of the vote was as follows: Mr. Lohmann, yea; Dr.
Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor
Miller, yea. Motion carried unanimously.
Item: 78-172-Z . Mr. Milbert moved, and Mr. Lohmann seconded the motion, that
1159-1197 the recommendation from Zoning & Planning for Council app-
roval of an application by Bob Mason for a Conditional Use
Permit to remodel and enlarge the building located at 1023
Excelsior Avenue West, be adopted. Mr. McDonald, yea; Mr.
Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor
Miller, yea. Motion carried unanimously.
Item: 78-173-P. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that
1197-1200 Resolution No. 78-2730 , "RESOLUTION ORDERING ENGINEER'S REPORT
ON PETITION FROM ELMO GINKEL FOR CURB, GUTTER, STREET SUR-
FACING AT 15TH AVENUE SOUTH, SOUTH OF EXCELSIOR AVENUE" , be
adopted. A poll of the vote was as follows: Mr. Lohmann, yea;
Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and
411 Mayor Miller, yea. Motion carried unanimously.
Item: 78-174-R. Mr. Milbert moved, and Mr. McDonald seconded the motion, that
1200-1224 the request from Town Taxi Co. , Inc. , for Council approval
of a change in the taxi meter rate from 60 mile to 70 mile,
and from $6. 00 per hour waiting time to $8. 00 per hour waitinc
time, be referred to staff for study. A poll of the vote was
as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton,
yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried
unanimously.
Item: 78-165-R. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that
1224-1253 Resolution No. 78-2721, "RESOLUTION APPROVING 1978 TAX LEVY
COLLECTIBLE IN 1979" , be adopted. A poll of the vote was as
follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea;
Mr. McDonald, yea; and Mayor Miller, yea. Motion carried un-
animously.
Action: Dr. Slaton moved, and Mr. Milbert seconded the motion, that the list
1253-1258 of Election Judges for the General Election to be held November 7,
1978, be approved. A poll of the vote was as follows : Mr. McDonalc
• yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and
Mayor Miller, yea. Motion carried unanimously.
Action: Mr. McDonald moved, and Mr. Milbert seconded the motion, that the
1258-1307 City of Hopkins Omnibus Commission be charged to oversee the develop-
ment of a long range objectives and goals to be fundamental to a
solid waste disposal plan to be adopted in principal by the City of
Hopkins not later than June 19 , 1979; that recommendations for
fiscal budgetary actions be presented by the Commission at regular
meetings of the City Council on June 19 , 1979; and that it shall be
part of this responsibility of the Omnibus Commission to course a
progress report on the development of the plan to be made formally
to the City Council at approximately every third regular meeting of
the Council beginning with the meeting scheduled to be held on
November 21, 1978. (Nov. 21, Jan. 2, Feb. 20 , Apr. 3, May 22 and
June 19) . A poll of the vote was as follows: Mr. Lohmann, yea; Dr.
Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor tiller,
yea. Motion carried unanimously.
4
Minutes of the October 3, 1978, Council meeting, cont. Page 5 .
Action: Mr. Lohmann moved, and Mr. Milbert seconded the motion, that the
1317 meeting be adjourned. Motion carried.
11/
Dorothy M. hnsoni ecretary to Council
COUNCILMEN:
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ATTEST:
Jerre-A. Miller, Mayor