12-13-1977 CC A regular meeting of the Council of the City of Hopkins, Minnesota, was held on
Tuesday, December 13, 1977, at 7:30 p.m., in the Council Chambers in the City Hall.
Present were Mayor Miller, Councilmen McDonald, Milbert, and Lehmann, also City Manager
Craig, City Clerk Richardson, City Engineer Strojan, Asst. Engineer Anderson, Building
Inspector Kohnen, Operations Director Beecher and Acting City Attorney Keefe.
Reel 128 Mr. Milbert moved, and Mr. McDonald seconded the motion that the five
Side 2 items under the CONSENT CALENDAR, be approved with the exclusion of
16-28 Lic. #264, Blockhouse request for a set up license:
1. Minutes of the November 15, 1977 Council meeting.
2. Additional 1977 license applications. (see attached)
3. 1978 Liquor license applications. (see attached)
4. Request by Knights of Columbus for renewal of their bingo permit for
the months of January, February and March 1978.
5. Request from Northwestern Bell Telephone Co., for permit to place
buried cable on the west side of 11th Avenue So. from Smetana Road
(11th St. So.) to a point 35 feet north.
A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Mr.
Lohmann,yea; and Mayor Miller yea. Motion carried unanimously.
* * * * * * * * * * * *
Action: Mr. Lohmann moved, and Mr. Milbert seconded the motion, that expenditures
28-40 dated December 13, 1977, under Warrant No. 522 in the amount of $20,755.46,
and Warrant No. 523 in the amount of $340,082.87, be approved and authorized
for payment. A poll of the vote was as follows: Mr. Lohmann, yea; Mr. Milbert,
yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously.
Note: At this time in the meeting, 7:40 p.m., Councilman Slaton took his chair at the
Council table.
Item: 77-149-0. Mr. McDonald moved, and Mr. Mi bort seconded the motion, that Ordinance
40-48 No. 77-436, "AN ORDINANCE RELATING TO THE PREPARATION AND REVIEW OF
ENVIRONMENTAL ASSESSMENT WORKSHEETS, ENVIRONMENTAL IMPACT STATEMENTS
AND OTHER ENVIRONMENTAL DOCUMENTS", be accepted for the first reading.
A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea;
Dr. Slaton, yea; Mr. Lehmann, yea; and Mayor Miller, yea. Motion
• carried unanimously.
Item: 77-155-0. Mr. McDonald moved, and Mr. Milbert seconded the motion, that Ordinance
48-51 No. 77-438, "AN ORDINANCE CONTINUING POLICE CIVIL SERVICE COMMISSION
AND DESCRIBING POWERS AND DUTIES THEREOF", 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 unanimously.
Item: 77-160-R. Mr. Don Spellman from the Hennepin County Highway Department appeared
51-252 before the Council to discuss expenditures re Blake Road. No formal
action taken by the Council.
Item: 77-165-R. Mr. McDonald moved, and Mr. Milbert seconded the motion, that Resolution
252-345 No. 77-2642, "RESOLUTION DECLARING BUILDING 'I'0 BE HAZARDOUS AND DANGER-
OUS TO THE PUBLIC AND ORDERING THE RAZING, DEMOLITION AND REMOVAL THERE-
OF PURSUANT TO M.S.A. 463.15 TO 463.26", (building located upon Lot 13
and West 2 feet of Lot 12, Gibbs First Addn. to W. Mpls.-1513 West
Excelsior Ave.)be adopted and the owner be so notified. A poll of the
vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton,
yea; Mr. Lohmann, yea; and Mayor Miller, yea. Notion carried unanimously.
Item: 77-166-R. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that Resolution
345- No. 77-2643, "RESOLUTION DECLARING BUILDING TO BE HAZARDOUT AND DANGER-
OUS TO THE PUBLIC AND ORDERING THE RAZING, DEMOLITION AND REMOVAL THERE-
Minutes of the December 13, 1977, Council meeting, cont. Page 2.
Item: 77-166-R.,cont. OF PURSUANT TO M.S.A. 463.15 TO 463.26", (building located
1110 upon Lots 12 and 13, Block 10, Anderson First Addn. - 809 East
Excelsior Ave. (Owner A. Edwards, Edco Products) , be adopted.
Action: Mr. McDonald moved to amend the motion, and Dr. Slaton seconded, by adding
the word "or" after the 5th word in line 3, Item 1, and request that the
60 days be changed to 90 days and also that the owner be notified that he
will bear the cost of demolition. A poll of the vote was as follows: Mr.
Lohmann, nay; Dr. Slaton, nay; Mr. Milbert, nay; Mr. McDonald, yea; and
Mayor Miller, nay. Motion fails.
Action: Mr. McDonald moved to amend the motion, and Mr. Lohmann seconded, by adding
to the motion that the owner be notified of the cost he will bear and that
staff report to the Council the progress after the lapse of the 60 days.
A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr.
Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Notion carried un-
animously.
Action: A poll of the vote as to the original motion of adopting Resolution No.
-591 77-2643, as amended, be adopted,was as follows: Mr. Lohmann, yea; Dr. Slaton,
yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Notion
carried unanimously.
• Item: 77-170-P. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that the peti-
591-618 tion for a 4-Way Stop on 12th Avenue No. and 3rd Street No., frau
residents in that area, be referred to the Police and Engineering
Departments for study and report back to the Council on the 20th, the
next Council meeting. 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: 77-161-E. Mr. Lohmann moved, and Dr. Slaton, seconded the motion, that Resolution
618-640 No. 77-2645, "RESOLUTION ORDERING AN ENGINEER'S REPORT ON EXTENSION OF
WATERMAIN ON COUNTY ROAD #3, WEST OF COUNTY ROAD #18", 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: 77-162-R. Mr. Milbert moved, and Mr. McDonald seconded the motion, that the request
640- frau White Motor Canpany for No Parking Signs between their two guard
gates on 11th Ave. So., (see attached) be approved as recommended by
the City Engineers. A poll of the vote was as follows: Mr. McDonald,
yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor
Miller, yea. Notion carried unanimously.
Action: Mr. Miibert moved, and Mr. McDonald seconded the motion, that the Police
-669 and Engineering Departments make a study of the parking conditions
on the east side of 11th Ave. So., southerly to the Railroad tracks,
and report back to Council. 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: 77-163-Z. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that the re-
669-679 commendation from Zoning and Planning for Council approval of an appli-
cation by Marvy Advertising Photography for a Conditional Use Permit for
temporary use of the house at 37 - 12th Avenue North until expansion
plans are completed, be granted, as spelled out in the attached report.
Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea;
and Mayor Miller, yea. Motion carried unanimously.
Item: 77-164-Z. Mr. Lohmann moved, and Mr. McDonald seconded the motion, to approve the
679-825 application by Mr. Terrance Fitzgerald of 113 First St. No., for (1) a
variance from the required 6 feet to 4 feet between a dwelling and an
accessory building to construct a 14 foot addition to the rear of his
dwelling; under the condition that fire code sheetrock be added to the
garage wall and (2) a variance to allow the existing garage to remain
3 feet from the lot line instead of the required 8 feet. A poll of the
vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert,yea;
Mt. r".cDonald, yea; and Mayor Miller, yea. Notion carried unanimously.
Minutes of the December 13, 1977, Council meeting , cont. Page 3.
Item: 77-167-0. Mr. McDonald moved, and Mr. Lohmann seconded the motion, that
825-885 Change Order #1-$5457.56 for recorders on the contract with A&K Const.
and recorders in #4 and #5 Wells, be approved. 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: 77-168-A. Mr. Lohmann moved, and Mr. Milbert seconded the motion, to approve
885-907 the Metro Waste Joint Use Rental Agreement for 1978 and authorize the
the Mayor and City Manager to sign same. 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: 77-169-E. Mr. Milbert moved, and Dr. Slaton seconded the motion, that the
907-984 request for release of City easement on property at 254 Maple Hill
Road be approved only on that part that encroaches onto the easement
but that the City retain the liability. A poll of the vote was as
r• follows: Mr. Luhmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr.
AI1� McDonald, yea; and Mayor Miller, yea. Motion carried unanimously.
Council also instructed the City Attorney to prepare a Quit Claim
Deed releasing this 1.33 feet encroachment.
Item: 77-172-R. Mr. McDonald moved, and Mr.Lohmann seconded the notion, that the
984-996 request from HRA for Council to assume the duties of HRA as of
March 31, 1978, be approved. 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: 77-173-R. Mr. McDonald moved, and Mr. Milbert seconded the motion, that Resolu-
996-1006 tion No. 77-2644, "RESOLUTION PROVIDING FOR THE ISSUANCE AND DFT,TVERY
OF $112,000 GENERAL OBLIGATION REVENUE BOND TO ECONOMIC DEVELOPMENT
At 'IINISTRATION", be adopted, and that the Mayor and City Manager sign
same. 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: 77-171-R. Mr. McDonald moved, and Mr. Milbert seconded the motion, that the
1006-1016 request for continuance of a Conditional Use Permit to construct a PUD
(Planned Unit Development) by Mr. Rudy Luther, be continued to the
January 17, 1978, Council meeting. 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:
1016-1034 Mr. Milbert moved, and Dr. Slaton seconded the motion, that the Resolution
In Memory of T°"1. _!.arlan Perbix be adopted,and said resolution be printed
in script and presented to the family. A poll of the vote was as follows:
Mt. Lohmann, yea; Dr. Slaton, yea; Mt. Milbert, yea; Mr. McDonald, yea; and
Mayor Miller, yea. Notion carried unanimously.
At this time in the meeting the Mayor brought back to the Agenda the item of the request
by the Blockhouse for a set up license which was excluded in the CONSENT CALENDAR motion.
Mr. Jamison, the owner of the Blockhouse appeared before the Council and gave his reasons
for this request. Mayor Miller then announced that this item will be brought back on
the Agenda for the December 20, 1977 Council mooting for resolution at that time.
Action: Mr. McDonald moved, and Mr. Milbert seconded the motion, that the meeting be
1245 adjourned. Notion carried.
Dorothy M. J%hnson, S- --ry to Council
COUNCILMEN:'
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Jerre A. Miller, Mayor"`-