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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: Ai 0 rt6-4-??. ) ltc0.7 Ir S ATTEST: Jerre-A. Miller, Mayor