Febuary 21,1978 CC 1
A regular meeting of the Council of the �ity of Hopkins, Minnesota, was held
on Tuesday, February 21, 1978, at 7:30 p.m., in the Council Chambers in the
City Hall.
a Present were Mayor Miller, Councilmen McDoald, Milbert, Slaton and Lohmann,
also City Manager Craig, Asst. Engineer Anderson, Operations Director Beecher,
Building Inspector Kohnen and Acting City Attorney Keefe. Absent: City Clerk
Richardson, City Engineer Strojan and City Attorney Vesely.
Reel 132 Mr. McDonald moved, and Mr. Mil pert seconded the motion, that the
Side 1 two items under the CONSENT CALENDAR, be approved:
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1. Minutes of the February 7, 1978!Council meeting.
2. Additional 1978 misc. license applications. (see list 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 unanimously.
* * * * * * * * * * * *
Action: Mr. McDonald moved, and Dr.Slatonlseconded the motion, that expendi-
-55 tures dated February 21, 1978, under Warrant No. 531, in the amount
of $500,911.33, be approved and. authorized for payment. 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.
APPEARANCE: A large delegation appeared before the Council to express their
views on the following Agenda Etem(77- 171 -R). Mayor Miller asked
the spokesmen from both factions to come forward and express
their reasons for being for or against this item. After hearing
both sides (starting at 7:35 p.m. and lasting until 10:30 p.m.)
the Mayor called for a motion from the Council.
Item: 77- 171 -R. Recommendation from Zon =ngand Planning that request by Mr.
Rudy Luther for a permit to construct a PUD (Planned Unit
Development) consisting ofja Nursing Home and Convenience
Center at the Northeast corner of Blake Road and Excelsior
Avenue, be denied. (This item had been continued from the
January 17, 1978 Council meeting).
Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, that Council
55 -1283 concur with the recommendation from Zoning and Planning for denial
ill I
of the request to build a six story Nursing Home and Convenience
_
Center at the Northeast corneo Blake Road and Excelsior Avenue,
as no sufficient hardship was presented, (Applications- No.77 -20;
21;22 and 23) to make this request meet our Zoning Ordinance. A
poll of the vote was as follows: Mr. McDonald,nay; Mr. Milbert, yea;
Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, nay. Motion
carried.
Item: 77- 171 -R.1. Mr. McDonald moved, and Mr. Milbert seconded the motion,
1283 -1314 that the rom Zoning and Planning that the
request by Mr. Rudy Luther for application to rezone from
R -3 (Medium Density Multiple Family Residential) to R -4
PUD (Planned Unit Development) a portion of the property
located at the Northeast corner of Blake Road and Excelsior
Avenue, that due to the fact that the R -4 PUD line did not
follow the original (PUD)line of the apartment complex and
that the east 500 feetlas shown on the survey be rezoned
and that the portion to the west remain as is, be tabled.
A poll of the vote waslas follows:Mr. Lohmann, yea; Dr.
Slaton yea; Mr. Milbert,yea; Mr. McDonald, yea; and Mayor
100 Miller, yea. Motion carried unanimously.
Minutes of the February 21, 1978 Counci meeting, cont. Page 2.
Item: 78 -27 -R. Mr. Lohmann moved, and . Milbert seconded the motion, that
1314 -end of Resolution No. 78 -2656, " SOLUTION AUTHORIZING THE MAYOR AND
tape - Side 2 CITY MANAGER TO SIGN AG' E NT WITH HENNEPIN COUNTY FOR IMPROV
1- MENT OF CSAH NO. 20, (B E ROAD NO.) ", be adopted with the
following amendment on 'a e 3 to read: that the City's share
of said right -of -way ex•e ses shall not exceed $110,000.00. A
poll of the vote was as f llows: Mr. McDonald, nay; Mr.
Milbert, yea; Dr. Slato , yea; Mr. Lohmann, yea;and Mayor
Miller, nay. Motion car ied.
Action: Mayor Miller then called f.r a poll on the original motion as
amended. A poll of the vo e was as follows: Mr. Lohmann, yea;
Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, nay; and Mayor
Miller, nay. Motion carrie..
Item: 78 -26 -R. Mr. Lohmann moved, and or. Slaton seconded the motion, that
-94 Resolution No. 78 -2655, SOLUTION APPROVING PLANS FOR
HENNEPIN COUNTY PROJECT NO 6319 CSAH #20 (BLAKE ROAD NO.) AND
SPECIAL PROVISIONS AND .PECIFICATIONS WITHIN THE LIMITS OF THE
CITY ", be adopted. A p.l] of the vote was as follows: Mr.
McDonald, nay; Mr. Milbert}, yea; Dr. Slaton, yea; Mr. Lohmann,
yea; and Mayor Miller, lea. Motion carried.
• Item: 78 -28 -R. Mr. Lohmann moved, and url Slaton seconded the motion, that
94 -104 Resolution No. 78 -2660, "A RESOLUTION APPROVING THE TRANSFER
OF CITY LAND (BURLINGT• NORTHERN R.R. R.O.W.) TO HENNEPIN
COUNTY FOR COUNTY ROAD 18P ROJECT 6742, COUNTY ROAD 18 & 3,
AND AUTHORIZATION BE GI EN TO THE MAYOR AND CITY MANAGER TO
SIGN DOCUMENT OF TRANS ER', be adopted. A poll of the vote
was as follows:Mr. McD.nald, yea; Mr. Milbert, yea; Dr. Slaton
yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried
unanimously.
Item: 78 -33 -P. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that
104 -187 the petition from resi.ents of 16th Avenue North objecting to
the new parking ordina ce re: snowplowing, be accepted and
placed on file and tha. the City Attorney delete 16th Avenue
North from said ordina ce A poll of the vote was as follows:
Mr. Lohmann, yea; Dr. 'laton, yea; Mr. Milbert, yea; Mr.
McDonald, yea; and May.r Miller, yea. Motion carried un-
animously.
Item: 78 -38 -C. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that
• 187 -198 the Union Contract for the Local No. 49'ers, for 1978 -79, be
approved and the Mayor and City Manager be authorized to sign
same. A poll of the v•tewas as follows: Mr. McDonald, yea;
Mr. Milbert, yea; Dr. 'laLon, yea; Mr. Lohmann, yea; and Mayor
Miller, yea. Motion c.rried unanimously.
Bid: Pursuant to notice bids were op:ne on Tuesday, February 14, 1978, at
10:00 a.m., for a Garbage Packe. and Truck Cab & Chassis, and the
following bids were received: (-ee,tabulation attached)
Action: Mr. Milbert moved, and Dr. Slaton seconded the motion, that the con -
198 -206 tract for a Garbage Packer an6 Truck Cab and Chassis, be awarded to
the low bidder, Freeway Ford n the amount of $28,051.00, as re-
commended by the Public Works Department. A poll of the vote was as
follows: Mr. Lohmann, yea; Dr Slaton, yea; Mr. Milbert, yea; Mr.
McDonald, yea; and Mayor Mi114.r, yea. Motion carried unanimously.
Item: 77- 161 -E. Mr. Lohmann moved, an; D . Slaton seconded the motion, that
206 -211 Resolution No. 78- 2651, "RESOLUTION ORDERING HEARING ON IM-
PROVEMENT OF COUNTY ROAD NO. 3, WEST OF COUNTY ROAD NO. 18,
410 BY THE EXTENSION OF A WAERMAIN THEREON ", be adopted. A poll
of the vote was as fo 10 s: Mr. McDonald, yea; Mr. Milbert,
yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller,
yea. Motion carried u animously.
Minutes of the February 21, 1978 Council meeting, cont. Page 3.
Item: 78 -21 -0. Mr. McDonald moved, and Dr. Slaton seconded the motion, that
211- Ordinance No. 78 -439, "ORDINANCE ESTABLISHING WATER & SANITARY
SEWER RATES AND CHARGES ANN REPEALING ALL PROVISIONS OF AND
CONTAINED IN SECTIONS 510:$5 AND 510:20 OF THE 1977 CODE OF
ORDINANCES OF THE CITY OF OPKINS ", be accepted for the second
reading thereof and accorthng to law same to be ordered pub-
lished. A poll of the vo.e was as follows: Mr. Lohmann, yea;
Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and
Mayor Miller, yea. Motion •arried unanimously.
Item: 78 -29 -E. Mr. Lohmann moved, and Dr. Slaton seconded the motion, that
Resolution No. 78 -2661, "•DSOLUTION ORDERING ENGINEER'S REPORT
ON IMPROVEMENT ON 11TH ST'oET SOUTH, 11TH AVENUE SOUTH TO THE
WEST CITY LIMITS ", be adDp•ed. 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 -30 -R. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that
-219 Resolution No. 78- 2662, "RESOLUTION ORDERING ENGINEER'S REPORT
FOR THE EXTENSION OF SANITARY SEWER AND WATERMAIN ON BLAKE
ROAD NORTH FROM CAMBRIDGE STREET TO A POINT APPROXIMATELY 330
FEET NORTH ", be adopted. 1 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 -31 -0. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that
219- Ordinance No. 78 -440, "AN RDINANCE REPEALING SECTION 445
KNOWN AS THE "MILK ORDINAN E" AND SECTION 448 KNOWN AS THE
"MILK TRUCK ORDINANCE" OF HE 1977 CODE OF ORDINANCES OF THE
CITY OF HOPKINS ", be accep ed for the first reading. A poll
of the vote was as follows. Mr. McDonald, yea; Mr. Milbert,
yea; Dr. Slaton, nay; Mr. ]i,ohmann, yea; and Mayor Miller, yea.
Motion carried.
Item: 78 -32 -A. Mr. Lohmann moved, and Mr. McDonald seconded the motion, that
Council approve the Agreement re: Railroad Land and Landfill
Material, with the stipulation that the wording read "that the
Buyers will sell to the City fill material from the premises
hereinabove labeled as development land, amounting to up to
30,000 cubic yards of such material per year.... ", and the
S Mayor and City Manager be authorized 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 Milbert, yea.
Motion carried unanimously.
Item: 78 -34 -A. Dr. Slaton moved, and Mr. Milbert seconded the motion, that
-261 the Mayor's appointment of James Stolhanske to the Hopkins
Park Board for a two year erm, replacing Nancy Ohman whose
term expired July 1, 1977, be approved. A poll of the vote
was as follows: Mr. Lohman , yea; Dr. Slaton, yea; Mr. Milbert
yea; Mr. McDonald, yea; and Mayor Miller, yea; Motion carried
unanimously.
Item: 78 -35 -P. Mr. Lohmann moved and Mr. Milbert seconded the motion, that
261 -273 Council approve the recommendation from Engineering for park-
ing regulations at the following locations:
1. NO PARKING - llth Ave. So., West side from 5th St. to a
point 100' So. of Milwaukee R.R. bridge;
2. NO PARKING - llth Ave. $o., East side from the Milwaukee
R.R. (100' So.) to 500' north of the CNW R.R. Tracks;
illi - '
3. NO PARKING - 7 -9 a.m. &, -6 p.m., llth Ave. So.,East side
from Excelsior Ave. West to the alley South of Excelsior
Ave.;
4. NO PARKING ANYTIME - Powell Road, East side from Excelsior
Ave., East to a pcint 85' North of Excelsior Ave.
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Minutes of the February 21, 1978, Council meeting, cont. Page 4.
Item: 78 -35 -P. cont. A poll of the vote was as follows: Mr. McDonald, yea;
III Mr. Milbert, yea; Dr1 Slaton, yea; Mr. Lohmann, yea; and
Mayor Miller, yea. Motion carried unanimously.
Item: 78 -36 -A. Mr. Milbert moved, and Yr.'Lohmann seconded the motion that
273- Grant Agreement - Metropol =tan Council and City of Hopkins be
approved and the City Manager authorized to 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 unanimouElyF
Item: 78 -37 -P. Mr. McDonald moved, and Mrs Lohmann seconded the motion, that
-298 petition by Earl Dahlberg o vacate portions of 14th Avenue
South and certain alleys (14th - 15th South), be approved and
the City Attorney instructed to draw the proper Ordinance. 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. Milbert moved, and Mr. McDonald seconded the motion, that the
309 meeting be adjourned. Motion carried.
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41/ ik I -
Dorothy M. nson, 'e to Council
COUNCILMEN;
- (. '•1" -Y
V - --i7t r t -
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0 ATTE . :
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J rfe A. Miller, Mayor
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