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August 1,1978 CC A regular meetin of the Council of the City of Hopkins, Minnesota, was held on Tuesday, ugust 1, 1978, at 7:30 p.m., in the Council Chambers in the City Hall. Present were Mayor Miller, Councilmen McDonald, Slaton and Lohmann, also City Manager Craig, City Clerk Richardson, City Engineer Strojan, Asst. Engineer Anderso , Operations Director Beecher, Building Inspector Kohnen and City Attorne Vesely. Absent: Councilman Milbert. Reel 137 Mr. cDonald moved, and Mr. Lohmann seconded the motion, that Side 1 the ree items under the CONSENT CALENDAR, be approved: 667-677 l. Min�tes of the July 18, 1978, Council meeting. 2. Addi 1978 misc. license applications: METALERS CORP., to i stall Gas & Oil Burners; BIG-BI (Mobil Oil Corp.) Gasoline Station, 4 Pumps, Cigarettes, Groceries; NORTHERN COIN MACHINE CO., 2 Mechanical Amusement Devices, Pool Tables, (for Hopkins Lanes); VILLAGE INN PIZZA PARLOR OF MINN., 2 Mech- anic�l Amusement Devices and Cigarettes. 3. Requ�st by Northern States Power Company for permission to inst 11 pole in alley on Jackson Avenue North. . A poll of the vote was as follows: Mr. McDonald, yea; Dr. Slaton, yea; Mr. ohmann, yea; and Mayor Miller, yea. Motion carried un- animously. * * * * * * * * * * * Action: Mr. McDo ald moved, and Dr. Slaton seconded the motion, that the 677-692 expendit res dated August 1, 1978, Warrant No. 544, in the amount of $124, 77.30, be approved and authorized for payment. A poll of the vote'was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78-135-Z. r. Slaton moved, and Mr. Lohmann seconded the motion, (for 692- urpose of discussion) that the recommendation from Zoning Planning for Council approval of a request by Mr. Rudy Luther and Mr. Martin Hellman for a Conditional Use Permit �o construct a nursing home at the northeast corner of lake Road and Excelsior Avenue, be continued pending the pproval of the 1122 application (Medicade Aid) by the roper authorities. A poll of the vote was as follows: Mr. cDonald, nay; Dr. Slaton, yea; Mr. I�ohmann, nay; and • ayor Miller, nay. Motion denied. Action: Dr. Slatpn moved, and Mr. Lohmann seconded the motion, (for purpose of discu�sion) that the Conditional Use Permit be approved with two conditio s: (1) that either the 1122 be applied for by the appli- cant or 't be understood that the application is not necessary, or, (2) that it be plainly understood by this Council that the nursing home be he final building on this site and no further construction be erect d thereon. On the advice of the City Attorney that this motion w s not legal, Dr. Slaton and Mr. Lohmann withdrew their motion. Action: Mr. Lohm nn moved, and Mr. McDonald seconded the motion, that the -1490 recommen ation from Zoning & Planning for Council approval of a request y Mr. Rudy Luther and Mr. Martin Hellman for a Conditional Use Perm�t to construct a nursing home at the northeast corner of Blake Ro d and Excelsior Avenue, be granted. A poll of the vote was as f llows: Mr. McDonald, yea; Dr. Slaton, nay; Mr. Lohmann, yea; and Mayo Miller, yea. Motion carried. Bid: Pursuant to notice bids were opened on August 1, 1978, at 10:00 a.m., � for furn'shing of gravel base, bituminous surfacing, concrete curb and gutt�r, sanitary sewer, watermain and storm sewer, and the followin� bids were received. (See tabulation attached). � Minutes of the A�gust l, 1978, Council meeting, cont. Page 2. Bid: Action: Dr. Slat moved, and Mr. McDonald seconded the motion, that the � 1490 to contract for furnishing the City of Hopkins with gravel base, end of bitumino s surfacing, concrete curb and gutter, sanitary sewer, tape watermain and storm sewer, be awarded to G. L. Contracting, Inc., Side 1 as the lo bidder, in the amount of $75,064.00, as recommended by 5- staff. poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, y a; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried. unanimous y. Item: 78-129-R. r. Lohmann moved, and Dr. Slaton seconded the motion, that -234 esolution No. 78-2704, "RESOLUTION OF INTENT TO DEVELOP OMMUNITY CENTER FACILITIES", be adopted. Action: Mr. McDo ald moved, and Mr. Lohmann seconded the motion, to amend Resoluti n No. 78-2704 to read after the word direct in the second paragrap -"subject to annual allocation of funds for suitable remodeli g and maintenance of the facilities involved and for operatio s of specified programs". A poll of the vote was as follows: Mr. McDonald, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Mi ler, nay. Motion carried. � Action: Mayor Mi ler then called for a poll of the main motion as amended, and the oll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, ea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried nanimously. Item: 78-139-Z. r. Slaton moved, and Mr. Lohmann seconded the motiom,that 234-320 $he request by Steiner & Koppelman for approval of a Condi- � ional Use Permit to construct an office-warehouse at 15th venue and 5th Street South, be approved, as Mr. Steiner l�as approval of staff and of the Watershed District, as was � equired. A poll of the vote was as follows: Mr. McDonald, ea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, �ea. Motion carried unanimously. Item: 78-134-Z. l�r. Lohmann moved, and Dr. Slaton seconded the motion, that 320- he request by Super Valu Stores, Inc., for Conditional Use ermits for, (a) construction of a parking lot in the R-1-A one with the following stipulations: l. driveways to be emoved on Monroe Avenue; 2. sidewalk replaced with plant- 'ngs or sod, and 3. parking area for passenger cars only; b) apply for a building permit; and (c) construct a special � urpose fence 8 ft. high,as recommended by Zoning & Planning, ouncil also requests that Super Valu try to alleviate the oise, caused by the loading and unloading of the box cars, s much as possible so the residents in the area are satis- ied. A poll of the vote was as follows: Mr. Lohmann, yea; r. Slaton, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78-134-Z. Dlr. Slaton moved, and Mr. Lohmann seconded the motion, that he request by Super Valu Stores, Inc., for a variance for front yard setback in the R-1-A district of 25 feet to 17 f et, due to the uniqueness of the property, be approved,as rjecommended by Zoning & Planning. A poll of the vote was als follows: Mr. McDonald, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78-134-Z. Ni�. Lohmann moved, and Dr. Slaton seconded the motion, that -467 t�e recommendation from Zoning & Planning for Council a�proval of the request by Super Valu Stores, Inc., to v cate First Street So., from the west line of Monroe Avenue Sb., to the west line of the alley in Block 23 and 33, West • M'nneapolis Center, and that part of the north-south alley i Block 33, West Minneapolis Center from the south line of Fxrst Street South to the south line of Tract C, Reg. Land 5�rvey #1143, subject to easement for storm sewer in First S reet South, be granted, and the City Attorney be in-, s�tructed to draw the necessary ordinance for such vacation. I Minutes of the Au ust l, 1978, Council meeting, cont. Page 3. � Item: 78-134-Z.,ciont. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. I�cDonald,yea; and Mayor Miller, � yea. Motion carried unanimously. Item: 78-136-Z, r. Slaton moved, and Mr. Lohmann seconded the motion, that 467-475 he recommendation from Zoning & Planning for Council pproval of a request by Towns Edge Ford for a Special Use ermit renewal to continue the use of a mobile home as the ffice on the truck sales lot, for one year, be granted. A oll of the vote was as follows: Mr. McDonald, yea; Dr. laton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. otion carried unanimously. Item: 78-137-Z. �Ir. McDonald moved, and Dr. Slaton seconded the motion, that 475- he request by Rutledge Construction Co., for a Conditional se Permit to construct a one story warehouse addition for illwork, Inc., (140 GJashington Ave. So.) with the condi- ion that consideration be taken to make the exterior of he building as attractive as possible, be approved, as ecommended by Zoning & Planning. A poll of the vote was �s follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. McDonald, ea; and Mayor Miller, yea. Motion carried unanimously. * Item: 78-138-Z, r. McDonald moved, and Mr. Lohmann seconded the motion, -512 hat recommendation from Zoning & Planning for Council pproval of a request by Rutledge Construction Co., for a ariance to use the front yard setback to construct a park- ng area due to the peculiar feature of the property, be ranted. A poll of the vote was as follows: Mr. 1�IcDonald, �ea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, ea. Motion carried unanimously. Item: Action: Mr Lohmann moved, and Mr. McDonald seconded the motion, that 512- Co ncil adopt the Engineer's Report on the completion of the ol post office site. A poll of the vote was as follows: Mr. Lo ann, yea; Dr. Slaton, yea; Mr. McDonald, yea; and Mayor Mi ler, yea. Motion carried unanimously. Action: Mr. McDo ald moved, and Mr. Lohmann seconded the motion, that -618 Resoluti n No. 78-2710, "A RESOLUTION DETERNdINING THE SITE OF THE DOWNTOWN PARK", be adopted. A poll of the vote was as follows: Mr. McDonald, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Mo ion carried unanimously. • Item: 78-132-T. r. Lohmann moved, and Mr. McDonald seconded the motion, 618-654 at the request for transfer of license (Blockhouse) for n Sale Non-intoxicating Malt Liquor, Off Sale Non-intoxi- cating Malt Liquor, Cigarettes, Pool Tables (2) and Restau- rant, by 1Mr. Jamison, to Geno's & Lou's, Inc., dba the B;,lockhouse, be approved. A poll of the vote was as follows: . Lohmann, yea; Dr. Slaton, yea; Mr. McDonald, yea; and yor Miller, yea. Motion carried unanimously. Bid: Pursuant to otice bids were opened on August l, 1978, at 11:00 a.m., for the real'gnment of Nine Mile Creek, and the following bids were received: (5�e tabulation attached). Action: Mr. Lohmahn moved, and Dr. Slaton seconded the motion, that the 654-723 contract �or the realignment of Nine Mile Creek be awarded to G. L. Contracti g, Inc., in the amount of $21,125.00, as recommended by staff. A poll of the vote was as follows: Mr. McDonald, yea; Dr. Slaton, y a; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimous y. � ' Minutes of the At�gust 1, 1978, Council meeting, cont. Page 4. Item: 78-130-R. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that 723- Resolution No. 78-2705, "A RESOLUTION APPROVING RECOMMENDA- � ION OF THE HOPKINS FIRE DEPARTMENT RELIEF ASSOCIATION, INC. � S TO PAYMENT OF $8,462.96, TO RICHARD E. MEDLEY", be dopted. A poll of the vote was as follows: Mr. Lohmann, ea; Dr. Slaton, yea; Mr. McDonald, yea; and Mayor Miller, ea. Motion carried unanimously. Item: 78-101-E. �r. Slaton moved, and Mr. Lohmann seconded the motion, that 746-755 he Engineer's Report on a crosswalk on lOth Avenue North �etween Excelsior Avenue and First Street North, for a � edestrian crossing marked only by signs at the curb line, e approved. A poll of the vote was as follows: Mr. $�IcDonald, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor �iiller, yea. Motion carried unanimously. Item: 78-102-0. �Ir. McDonald moved, and Dr. Slaton seconded the motion, that 755-760 rdinance No. 78-449, "ORDINANCE AMENDING SECTION 810:60 OF �HE 1977 CODE OF ORDINANCES OF THE CITY OF HOPKINS AS TO I�OURS OF OPERATION FOR 'OFF SALE' SALES OF INTOXICATING � IQUOR ON FRIDAYS", be accepted for the second reading there- f and according to law same to be ordered published. A � �oll of the vote was as follows: Mr. Lohmann, yea; Dr.Slaton, � ea; Mr. McDonald, yea; and Mayor Mi1ler,yea.Motion carried inanimously. Item: 78-131-H. r. McDonald moved, and Dr. Slaton seconded the motion, that 760-767 �he Construction Cooperation Agreement.with Hennepin County Department of Transportation for County Praject No. 6742, � SAH 18 & 3, be referred to the Zoning & Planning Commission or review. A poll of the vote was as follows: Mr.McDonald, y�ea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78-133-L. D�r. Slaton moved, and Mr. McDonald seconded the motion, that 767- t e request by BIG-BI (Mobil Oi1 Corp.) for an Off Sale Non- i toxicating Malt Liquor license, be denied. A poll of the v te was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. M Donald, yea; and Mayor Miller, yea. Motion carried un- a imously. Item: 78-140-R. M. McDonald moved, and Mr. Lohmann seconded the motion, that 767-800 R�solution No. 78-2709, "RESOLUTION AUTHORIZING MAYOR AND • C�TY MANAGER TO SIGN CONTRACT FOR PARA-TRANSIT SERVICE D MONSTRATION GRANT PROGRAM WITH MN/DOT", (Minn. State Dept. o Transportation), be adopted. A poll of the vote was as f llows: Mr. McDonald, yea; Dr. Slaton, yea; Mr. Lohmann, y�a; and Mayor Miller, yea. Motion carried unanimously. Item: 78-141-R. M McDonald moved, and Mr. Lohmann seconded the motion, 800-831 t�iat Council approve the parking restriction changes on City s�reets as recommended by the Engineering Department. (See a tached). A poll of the vote was as follows: 1�Ir. Lohmann, y a; Dr. Slaton, yea; Mr. McDonald, yea; and Mayor Miller, y a. Motion carried unanimously. Item: 78-142-A. M�. McDonald moved, and Mr. Lohmann seconded the motion, 831- that the Mayor's appointment of the following people�to the H pkins Police Civil Service Commission, be approved: Carl N�gren to a 3 year term expiring 6-30-81; appointment of C�cil Kloss to a 2 year term expiring 6-30-80; and appoint- m�nt of James Shirley to a one year term, and also as Chair- m n of the Commission, with term expiring 6-30-79. Also the appointment of Bob Miller to the Zoning & Planning Commission • far a two year term expiring 6-30-80,(filling the expired t�rm of Vern Stefan) be approved. A poll of the vote was as fdllows: Mr. McDonald, yea; Dr. Slaton, yea; Mr. Lohmann, yea an�d Mayor Miller, yea. Motion carried unanimously. , Minutes of the A�gust l, 1978, Council meeting, cont. Page 5. , . Action: Mr. McD nald moved, and Dr. Slaton seconded the motion, that the -856 meeting be adjourned. Motion carried �' _ � � � +( p� �� ��y' ' `-'� L' .._� � j orothy M. J nson; S cretary to Council C LMEN: ,; , , � L ,� � . ��� �,- v�...��..�� ; �. .�.�_� �� ���� � � � i A TES�i: �_ _ �� �'� � ..� �L-� � � � � �---' �---� Je�re A. Miller, ayor I J ,, I I I • I I I I • I �