MINUTES
A regular meeting of the City Council of the City of Hopkins, Minnesota
was held on Tuesday May 17,1983 in the Council Chambers of the City Hall
at 8:15 p.m.
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Present were Mayor Miller, Councilmembers Lavin, McDonald, Milbert, and
Shirley. Also present were City Manager, Craig; City Engineer, Strojan
Assistant City Engineer, Anderson; Public Works Operations Director,
Beecher; Community Development Director, Kerrigan, Assistant Community
Development Director, Norris; Water & Sewer Superintendent, Lauseng;
Housing Inspector, Opitz and City Attorney, Vesely. Mr. McDonald arrived
at 9 p.m.
Tape 1
MINUTE S:
Mrs. Lavin moved and Mr. Milbert seconded the motion
to approve the minutes of the May 3, 1983 meeting.
A poll of the vote was as follows: Mrs. Lavin, Aye;
Mr. Milbert, Aye; Mr. Shirley, Aye; Mayor Miller, Aye.
The motion carried unanimously.
LICENSES:
Mr. Milbert moved and Mrs. Lavin seconded the motion
to approve the additional 1983 license applications
(list attached). A poll of the vote was as follows:
Mr. Shirley, Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye;
Mayor Miller, Aye. The motion carried unanimously.
BILLS:
Mr. Milbert moved and Mrs. Lavin seconded the motion
to approve and authorize for payment the expenditures
dated May 17, 1983, warrant number 665 in the amount
of $224,012.12. A poll of the vote was as follows:
Mrs. Lavin, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye;
Mayor Miller, Aye. The motion carried unanimously.
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BIDS:
Tabulation of bids for a combination high velocity
hydraulic sewer cleaning and manhole vacuum machine,
including truck cab chassis.
ACTION:
Mrs. Lavin moved and Mayor Miller seconded the motion
to accept the bid of Novack-Koland - Vactor #2 in the
amount of $90,663.00, as recommended by the Public
Works Operations Director. A poll of the vote was as
follows: Mr. Shirley, Aye; Mr. Milbert, Aye; Mrs.
Lavin, Aye; Mayor Miller, Aye. The motion carried
unanimously.
APPEARANCE:
Ed Stiele, President of the Raspberry Festival and
Sally Dignan, Executive Director appeared before the
Council. They handed out the schedule and pins for
the 1983 Raspberry Festival and asked the Council for
their approval to hold the Raspberry Festival with
the "Schedule of Events" as listed.
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ACTION:
Mr. Milbert moved and Mr. Shirley seconded the motion
to approve the Raspberry Festival with events as
scheduled. A poll of the vote was as follows: Mr.
Shirley, Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye; Mayor
Miller, Aye. The motion carried unanimously.
Mr. McDonald arrived at this point in the meeting.
HEARING:
Improvements on 11th Street from 11th Avenue to West
City limits by installat10n of street, storm sewer, street
lighting and bridge.
ACTION:
Mr. Milbert moved and Mrs. Lavin seconded the motion to
adopt Resolution number 83-3074 ordering in the improve-
ments. A poll of the vote was as follows: Mr. McDonald,
Aye; Mr. Shirley, Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye;
Mayor Miller, Aye. The motion carried unanimously.
Page 2 "Minutes of the May 17, 1983 City Council meeting"
HEARING:
Improvements on 10th Street South and Feltl Court from
11th Avenue to 11th Street South by installation of
sanitary sewer, secondary road, street lighting, land-
scaping, water main and storm sewer for Opus II -
Ninth Addition.
.
ACTION:
Mr. Milbert moved and Mrs. Lavin seconded the motion to
adopt Resolution No. 83-3075 ordering in the improvements.
A poll of the vote was as follows: Mrs. Lavin, Aye;
Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. McDonald, Aye;
Mayor Miller, Aye. The motion carried unanimously.
HEARING:
Abatement of nuisance by removing certain infected elm
and/or oak trees (West ~ of the Southwest ~ of the
SW ~ section 25, township 117, range 22) owned by
Berglund & Johnson.
Mr. Shirley moved and Mrs. Lavin seconded the motion to
adopt Resolution No. 83-3073 ordering the removal of
these trees. A poll of the vote was as follows: Mrs.
Lavin, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye; Mr.
McDonald, Aye; Mayor Miller, Aye. The motion carried
unanimously.
PERMITS:
Request by NSP for permit to place underground cable in
Loring Road and pad mount transformer to serve new
residence at 11 Loring Road.
ACTION:
Mrs. Lavin moved and Mr. Milbert seconded the mot1on to
approve the permit. A poll of the vote was as follows:
Mr. McDonald, Aye; Mr. Shirley, Aye; Mr. Mi1bert, Aye;
Mrs. Lavin, Aye; Mayor Miller, Aye. The motion carried
unanimously.
Request by N. W. Bell Telephone Company for permit to place
underground telephone line in Loring Road to serve new
residence at 11 Loring Road.
ACTION;
Mrs. Lavin moved an Mr. Milbert seconded the motion to
approve the permit. A poll of the vote was as follows:
Mrs. Lavin, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye;
Mr. McDonald, Aye; Mayor Miller, Aye. The motion carried
unanimously.
Item: 83-27
Ordinance No. 83-521 "AN ORDINANCE AMENDING ORDINANCE NO.
81-486 SETTING FORTH A DESCRIPTION OF THE FACILITIES TO
BE PROVIDED BY GRANTEE: MODIFYING THE INITIAL SERVICE
AREA: AMENDING THE LINE EXTENSION POLICY OF GRANTEE:
PRESCRIBING INSTALLATION CHARGES AS SET FORTH HEREIN:
AND AMENDING THE EXHIBITS.
ACTION:
Mr. Milbert moved and Mrs. Lavin seconded the motion
to continue this item to the next meeting. A poll of
the vote was as follows: Mr. McDonald, Aye; Mr. Shirley,
Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye; Mayor Miller,
Aye. The motion carried unanimously.
Item: 83-35
Application by Dick Mathews for a variance to allow
housing units within the Pines Mobile Home Court which
exceed the width specified in Ordinance 427.33 (L).
ACTION:
Mrs. Lavin moved and Mr. Milbert seconded the motion
continue the request for variance and send the contract
back to the attorney to include the following:
1. to make the Improvement Plan with the time
table an integral part of the Contract, as
exhibit "A".
Page 3
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Item: 83-56
ACTION:
Item: 83-57
ACTION:
Item: 83-58
ACTION:
Item: 83-59
ACTION:
"Minutes of the May 17, 1983 City Council Meeting"
2. A provision stating that the Pines will
pay any and all legal fees contracted by
the City, should the Pines be found in
violation of the contract.
3. A provision tying the variance into the
agreement and stating that should the
Pines be in violation of the agreement,
the variance shall be revoked by the City.
Mr. McDonald moved to amend the motion to grant the
variance immediately but to immediately revoke the
variance if the owner does not accept the language
in the agreement. The motion died for lack of a
second.
On the motion the poll of the vote was as follows:
Mr. McDonald, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye;
Mrs. Lavin, Aye; Mayor Miller, Aye. The motion carried
unanimously.
The Council suggested that the City Manager, Mayor,
City Attorney and Councilperson Lavin meet to discuss
the changes in the agreement as soon as possible so
that the amended document may be reviewed by the Pines
and the City Council prior to the June 7 meeting.
Resolution No. 83-3072 "A RESOLUTION REGARDING THE FUNDING
OF PHASED IMPROVEMENTS AT THE CITY GARAGE"
Mrs. Lavin moved and Mr. Milbert seconded the motion to
adopt the resolution. A poll of the vote was as follows:
Mrs. Lavin, Aye; Mr. Milbert, Aye; Mr. Shirley, Aye;
Mr. McDonald, Aye; Mayor Miller, Aye. The motion carried
unanimously.
Contract with City Center Development Corporation
Mr. Milbert moved and Mrs. Lavin seconded the motion
to authorize the Mayor and City Manager to sign the
contract. (Blank to be filled in with $3000.) A poll
of the vote was as follows: Mr. McDonald, Aye; Mr.
Shirley, Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye;
Mayor Miller, Aye. The motion carried unanimously.
Alternatives to add parking to Excelsior Avenue Mall.
Mr. Milbert moved and Mrs. Lavin seconded the motion
to order an Engineer's report. A poll of the vote was
as follows: Mrs. Lavin, Aye; Mr. Milbert, Aye; Mr.
Shirley, Aye; Mr. McDonald, Aye; Mayor Miller, Aye.
The motion carried unanimously.
Agreement with Minnetonka for Design of State Aid Street
Mr. McDonald moved and Mr. Milbert seconded the motion
to authorize the Mayor and City Manager to sign the
agreement only after the following changes are made:
1. Change paragraph 3 to read" ---"that the cost
of same be shared equ.<ll1y by the City of Hopkins
and the City of Minnetonka"
2. Change paragraph 5 to read "---that all the
plans, proposals, drawings and proceedings
shall be subject to review and approval by
the City of Hopkins and its agents".
A poll of the vote was as follows: Mrs. Lavin, Aye;
page 4
Item: 83-60
ACTION:
Item: 83-61
ACTION:
Item: 83-62
ACTION:
Item: 83-63
ACTION:
Item: 83-64
"Minutes of the May 17, 1983 City Council Meeting"
Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. McDonald, Aye;
Mayor Miller, Aye. The motion carried unanimously.
Metropolitan Waste Control Commission Trunk Sewer
Agreement
Mr. Milbert moved and Mr. Shirley seconded the motion
to authorize Mayor and City Manager to sign the agree-
ment. A poll of the vote was as follows: Mr. McDonald,
Nay; Mr. Shirley, Aye; Mr. Milbert, Aye; Mrs. Lavin, Aye;
Mayor Miller, Aye. The motion carried unanimously.
Truck directional sign~ purchased by compan1es.
Mrs. Lavin moved and Mr. Shirley seconded the motion
to approve the erection of these signs by the City.
Mr. McDonald moved an amendment that the Council adopt
a resolution to declare the vacation of Milwaukee
Street. The motion died for lack of a second.
On the motion the poll was as follows: Mrs. Lavin, Aye;
Mr. Milbert, Aye; Mr. Shirley, Aye; Mr. McDonald, Aye;
Mayor Miller, Aye. The motion carried unanimously.
Transfer of liquor license to new location (MGM Liquor
Warehouse).
Mrs. Lavin moved and Mr. Milbert seconded the motion to
approve the transfer. A poll of the vote was as follows:
Mr. McDonald, Aye; Mr. Shirley, Aye; Mr. Milbert, Aye;
Mrs. Lavin, Aye; Mayor Miller, Aye. The motion carried
unanimously.
Petition for street lighting from residents of Madison
Avenue & Madison Circle North and South.
Mrs. Lavin moved and Mayor Miller seconded the motion
to order an Engineer's report. Resolution No. 83-3076
Mr. McDonald moved an amendment to include a stipulation
that an Engineer's report include a complete analysis
of the benefits of the city owning all of the street
lighting systems in residential areas. The amendment
was seconded by Mayor Miller. A poll of the vote on the
amendment was as follows: Mrs. Lavin, Aye; Mr. Milbert,
Aye; Mr. Shirley, Aye; Mr. McDonald, Aye; Mayor Miller,
Aye. The motion on the amendment carried unanimously.
The poll of the vote on the motion as amended was as
follows: Mr. McDonald, Aye; Mr. Shirley, Aye; Mr. Milbert,
Aye; Mrs. Lavin, Aye; Mayor Miller, Aye. The motion
carried unanimously.
Engineer's recommendation regarding stop sign removal
in the Hobby Acres area (see Lee Cooper's letter to
John Strojan attached and stop sign map).
Mr. Shirley moved that the engineer's recommendation be
approved. The motion died for lack of a second.
Mrs. Lavin moved and Mr. Milbert seconded the motion to
order a hearing for June 21.
Page 5
"Minutes of che May 17, 1983 City Council Meeting"
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On the motion the poll of the vote was as follows:
Mr. McDonald, Aye; Mr. Sh1rley, Aye; Mr. Milbert,
Aye; Mrs. Lavin, Aye; Mayor Miller, Aye. The motion
carried unanimously.
Mrs. Lavin requested a legal update be prepared for
the next Council meeting.
Council requested that the Zoning & Planning Commission
study the ordinance granting var1ances to see if it can
be changed to give more latitude and flexibility so that
it will be more applicable to some cases.
ADJOURNMENT:
Mr. Milbert moved and Mayor Miller seconded the motion
to adjourn the meeting. The motion carried.
Respectfully submitted,
J
ATTEST:
~C}.4
Robert F. Miller, Mayor
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