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June 6,1978 CC A regular meeting of the Council of the City of Hopkins, Minnesota was held on Tuesday, June 6, 1978, at 7:30 p.m., in the Council Chambers in the City Hall. Present were Mayor Miller, Councilmen M'Dohald, Milbert, Slaton and Lohmann, • '. also City Manager Craig, City Engineer trojan, Operations Director Beecher, Building Inspector Kohnen and Acting Ci y Attorney Keefe. Absent: City Clerk Richardson, Asst. Engineer Anderson and City Attorney Vesely. Reel 135 Mr. Milbert moved,and Dr. S atln seconded the motion, that the Side 2 six items under the CONSENT CALENDAR, be approved: 488- 1. Minutes of the May 16, 1978 Council meeting and Minutes of the Board of Review meeting of Iay 9th and May 23, 1978. 2. Addn'l. 1978 misc. license applications. (see list attached) 3. Request from Minnegasco for permit to install 3" gas main on 5th Street South, West of 1.th Ave. So. 4. Request from Northwestern B -11 Tel. Co., for a permit to place buried cable on 5th St. So. for growth. 5. Request from Northwestern B-1 Tel. Co., for permit to place buried cable and conduit on a d across Blake Road, Boyce Road and Ashley Road for growth and plant improvement. • 6. Request from Northwestern B -11 Tel. Co., for permit to place underground conduit across 'ark Lane and east along First St. No. in conjunction with grading orr County Road 18 and 3. A poll of the vote was as follo s: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohma n, yea; and Mayor Miller, yea. Motion carried unanimously. * * * * * * * * * * * * * * Action: Mr. McDonald moved, and Mr. Mili.elt seconded the motion, that the -517 expenditures dated June 6, 1978, Warrant No. 539, in the amount of $164,417.08, and Warrant No. 540, in the amount of $177,786.88, be approved and authorized for pa le t. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Mille , lea. Motion carried unanimously. Item: 78 -39 -R. Mr. McDonald moved, an. M . Milbert seconded the motion, 517 -576 that Resolution No. 78 2689, "A RESOLUTION ORDERING A HEARING ON PUBLIC IMPROVEMENTS ON 15TH AVENUE SOUTH, FROM 5TH TO 6TH STREETS SOUTH ", be ado.tec1. A poll of the vote was as • follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and aycr Miller, yea. Motion carried un- animously. Item: 78 -84 -P. Mr. Milbert moved, and Dr Slaton seconded the motion, that 576 -718 the recommendation fro the City Engineer re: parking on one or more blocks north of First Street North, be approved as set forth on Page 3 a d , Items 1 thru 5, of the attached 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 -98 -Z. Mr. Milbert moved that the request by Mr. R. H. Gardner for 718 -840 application for two va•ia ces to construct a single family dwelling in the R -1 -C its rict at 201 West Park Road, be approved with the foll•wi g conditions: (1) that the building be moved 10 feet north of the original proposal and (2) that applicant will not obs.ruct storm water drainage by filling or grading along the e.st lot line. � t this point a Mr. Vassar asked to sp:ak in objection to this item and point- ing out to Council various zoning infr.ctions if this application was approved Minutes of the June 6, 1978, Council meting, cont. Page 2. Item: 78- 98- Z.,cont. Mr. Milbert then , it,hdrew his original motion and then made the following, tion: • Mr. Milbert moved, and Dr. Slaton seconded the motion, that this item be referred back to .taff and the Planning Commission for further review. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert,yea; Dr. .laton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78 -90 -R. Mr. Milbert moved, and r. Lohmann seconded the motion, that 840 -860 request by Westwood Spe ialty Products, Inc., dba Hopkins House of Liquor - 1510 iglhway #7, for transfer of Off Sale Intoxicating Liquor, Of Sale Non - Intoxicating Liquor, Soft Drinks and Cigarettes, .e 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 -89 -R. Mr. Lohmann moved, and r. McDonald seconded the motion, that 860- Resolution No. 78 -2667, "RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT U DER THE MUNICIPAL INDUSTRIAL DEVELOP- MENT ACT, REFERRING THE PI ,OPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORIZING EXECUTION OF A • MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS be adopted. A poll of t e vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; 'r. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Mot'ori carried unanimously.(Super Valu) Item: 78 -99 -Z. Mr. Milbert moved, and or. Slaton seconded the motion, that -943 Council approve the appli ation for a Conditional Use Permit by Super Valu to constr ct a freezer building on their land, as recommended by Zonin• nd Planning. A poll of the vote was as follows: Mr. Lo a ri n, yea; Dr. Slaton, yea; Mr. Milbert yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78 -85 -R. Mr. Milbert moved, and i'ri Slaton seconded the motion, that 943 -969 the Engineer's Report .1 parking restrictions on County Road 73 from State Highway 7 td the Burlington- Northern R.R. and on County Road 5 (Minn =to ka Blvd.) along those sections of the above roads that a e Within the City limits of Hopkins, to keep vehicles out of t e outside portions of blacktop roadway which are marked for B'kelTrails, be approved and authorize the County to post said restrictions. A poll of the vote was as follows: Mr. McDona d,lyea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78 -86 -R. Mr. Milbert moved, and Mrl Lohmann seconded the motion, that 969 -1031 Resolution No. 78 -2687, "A RESOLUTION AUTHORIZING SALE OF LAND ACQUIRED BY THE CITY FsR LANDFILL MATERIAL PURPOSES FROM RAILROAD COMPANY ", be .do ted, and the Agreement be amended to read under Item 2," it] the option to extend the time period for an addition -1 months and to purchase an addi- tional 15,000 cu. yds. of fill", and the Mayor and City Manager be authorized .o ign said amended Agreement. A poll of the vote was as fol oW : Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. cD nald, yea; and Mayor Miller, yea. Motion carried unanimo slr. Item: 78 -91 -0. Mr. Milbert moved, and Dr. Slaton seconded the motion, that 1031 -1057 Ordinance No. 78 -448, 'AN ORDINANCE AMENDING SECTION 370 OF THE 1977 CODE OF ORDINANCES OF THE CITY OF HOPKINS ", be continued to the June •0,,1978 Council meeting. A poll of the vote was as follows: M..4'lcDonald, yea; Mr. Milbert, yea; Dr. • Slaton, yea; Mr. Lohma n, yea; and Mayor Miller, yea. Motion carried unanimously. Minutes of the June 6, 1978, Council me-ting, cont. Page 3. Item: 78 -92 -R. Mr. Lohmann moved, and Ir. Milbert seconded the motion, that 1057 -1068 Resolution No. 78 -2686, "RIESOLUTION AUTHORIZING APPLICATION FOR MHFA HOUSING REHABI ITIATION GRANT FUNDS ", be adopted. A • poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; r. McDonald, yea; and Mayor Miller, yea. Motion carried una imously. Item: 78 -93 -R. Mr. Milbert moved, and Dr. Slaton seconded the motion, that 1068 - Council approve the Per anent Improvement Revolving Fund over- head as spelled out in item 1, of attached memo. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohman ,lyea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. Lohmann moved, and Dr. Sla on seconded the motion, that Council -1136 approve the interest policy as set forth under Item 2, of the attached memo. A poll of the ote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, b ea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78 -94 -R. Mr. Lohmann moved, and r. Milbert seconded the motion, that 1136 -1195 Council approve the con ePt of a joint planning effort with the League of Minnesota Cities for joint Liability, Property'. and Health Insurance. (see attached) A poll of the vote was • as follows: Mr. McDonal.,jyea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78 -95 -P. Mr. Milbert moved, and rl Lohmann seconded the motion, that 1195- Resolution No. 78 -2690, "RESOLUTION ORDERING ENGINEER'S REPORT ON REQUEST FOR 12 PARKING STALLS ON THE SOUTH SIDE OF 2ND STREET SOUTH, BETWEEN "TH AND 6TH AVENUES SOUTH ", be adopted. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbe t, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78 -96 -E. Mr. Milbert moved, and Mr} Lohmann seconded the motion, that -1227 Resolution No. 78 -2691, "RESOLUTION ORDERING IMPROVEMENT OF 12 PARKING STALLS ON T E SOUTH SIDE OF 2ND STREET SOUTH, BETWEEN 5TH AND 6TH AV ;NUES SOUTH ", be adopted. A poll of the vote was as follows: Mg. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohma n, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78 -97 -Z. Mr. Milbert moved, and Dr. Slaton seconded the motion, that 41 the request by Mr. G. 1. 'i'weed for a variance from the allow- able garage size in the R -2 District of 528 square feet per dwelling unit to 896 s•uare feet, be denied,as per recommedna- from Zoning and Planni 1g and staff, on the basis that there appears to be no justi ication for granting a variance. A poll of the vote was a.. follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; MrII. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78- 100 -R. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that 1246 -1296 Resolution No. 78 -2688 "P, RESOLUTION DETERMINING CITY POLICY REGARDING COMMUNITY DE EL e PMENT PUBLIC FACILITY IMPROVEMENTS" be adopted. A poll of ti vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Mot on carried unanimously. Item: 78- 101 -E. Mr. Milbert moved, and Dr. Slaton seconded the motion, that 1296 -1320 the Engineer be reques ed to submit a report for a crosswalk on 10th Avenue North b-tween Excelsior and First Street North. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, 111 yea. Motion carried un:ni ously. Minutes of the June 6, 1978, Council meeting, cont. Page 4. Action: Mr. Milbert moved, and Mr. Lohmann seconded the motion, that Council 1320 approve the Mayor's appointment of Joseph Morrill to the Parks and III Recreation Commission to fill out the unexpired term of James Stolhanske, who resigned. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; r. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion ca ried unanimously. Action: Mr. Milbert moved, and Mr. Lohnan seconded the motion, that the first Council meeting in July be held on Wednesday the 5th, because of the 4th of July falling on the first Tuesday. Motion carried. Action: Mr. Milbert moved, and Mr. McDona d seconded the motion, that the meeting be adjourned. Motion car ied. a L „w.f. Dorot y M. 'o nson, %ec etary to Council CO ILMEN: a...,Q W. • / � l , , °,_. i "t l C „L -( ) ,J 111 ` U/&✓ C L (./ (-/\-- J ••' '-e A. Mi er, Mayor •