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May 2,1978 CC A regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, May 2, 1978, at 7:30 p.m., in the Council Chambers in the City Hall. Present were Mayor Miller, Councilmen McJo Milbert, Slaton and Lohmann, Illalso City Manager Craig, City Clerk Richar son, City Engineer Strojan, Asst. Engineer Anderson, Operations Director Bee her, Building Inspector Kohnen and City Attorney Vesely. Reel 135 Mr. Milbert moved, and Dr. S1aton seconded the motion, that Side 1 the two items under the COVSENT CALENDAR, be approved: 4- 1. Minutes of the April 18, 1976, Council meeting; 2. Addtional 1978 misc. license lapplications. (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. * * * * * * , * * * * Bills: Action: Mr. Milbert moved, and Mr. Lohrran seconded the motion, that the ex- -16 penditures dated May 2, 1978, liar ±ant No. 536, in the amount of $13,014.14, be approved and authorized for payment. A poll of the • vote was as follows: Mr. Lohmann,lyea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and MayorMiller, yea. Motion carried un- animously. HEARINGS: I Item: 78 -4 -R. Mr. McDonald moved, and Mr.IMilbert seconded the motion, that 16 -112 Resolution No. 78 -2676, "RESOLUTION ORDERING IMPROVEMENT OF BLAKE ROAD FROM BOYCE TO HIGHWAY NO. 7, BY THE INSTALLATION OF CONCRETE CURB,& GUTTER AND D IVEWAYS THEREON ", be adopted. A poll of the vote was as fol ows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. L hmann, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78 -25 -E. Mr. McDonald moved, and DrI. Slaton seconded the motion, that 112 -193 Resolution No. 78 -2677, " SOLUTION ORDERING IMPROVEMENT OF 6TH AVENUE SOUTH FROM 3RD TREET SOUTH TO 5TH STREET SOUTH: 5TH STREET SOUTH FROM 2ND AVEN E SOUTH TO 7TH AVENUE SOUTH BY THE INSTALLATION OF CURB AND GUTTER, SIDEWALK, STORM SEWER, WATER - MAIN AND STREET SURFACING THEREON", be adopted. A poll of the vote was as follows: Mr. Lehmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78 -30 -E. Mr. McDonald moved, and Mrl. Milbert seconded the motion, that 193 -242 Resolution No. 78 -2678, "RIESOLUTION ORDERING IMPROVEMENT ON BLAKE ROAD NORTH, NORTH OF CAMBRIDGE STREET BY THE EXTENSION OF SEWER AND WATERMAIN AND TH INSTALLATION OF HYDRANTS ON BLAKE ROAD AND EXCELSIOR AVENUE HEREON ", be adopted. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann and Mayor Miller, yea. Motion carried unanimously. Item: 78 -29 -E. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that 242 -270 the Engineer's Report on improvement of llth Street South, llth Avenue South to the wes. City limits, be tabled. 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 -78 -Z. Mr. Lohmann moved and Mr. Milbert seconded the motion, to 270 -434 approve the application by; Mr. Hammerlund for a variance to construct an eight foot seicurity fence around Lots 19, 20 and 21, Block 2, West Minneapolis, also known as 58 -6th Ave. So. A poll of the vote was as follows: Mr. McDonald, nay; Mr. Milbert, yea; Dr. Slaton, nay; Mr. Lohmann, yea; and Mayor Miller, yea. Motion Minutes of the May 2, 1978, Council meeting, cont. Page 2. Item: 78 -76 -Z. Dr. Slaton moved, and M . Milbert seconded the motion, that 0434 -608 Resolution No. 78 -2679, "A RESOLUTION CONVEYING TO THE CITY OF MINNETONKA THAT THE CIT OF HOPKINS DOES NOT APPROVE THE LOCA- TION OF A PERKINS RESTA RAI1'IT, OR ANY SIMILAR CONCEPT, IN THIS STRICTLY RESIDENTIAL A' *." (area being Highway #7 and Shady Oak Road), be adopted. A ,poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slato , ea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, ea Motion carried unanimously. Item: 78 -77 -Z. Mr. McDonald moved, and r Lohmann seconded the motion, that 608 -669 the request by Mr. Anth•ny R. Tempesta for a Conditional Use Permit to construct eig t 4 plex's and a front yard variance from 35 feet to 25 feet foi the project to be located at the southwest corner of 7th Street and 9th Avenue So., be approved as to the variance requ =st but that the Conditional Use Permit application be continue. to the June 6, 1978, Council meeting. A poll of the vote was .s follows: Mr. McDonald, yea; Mr. Milbert, vea; Dr. Slato ,yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion car ied unanimously. Item: 78 -79 -Z. Dr. Slaton moved, and M Lohmann seconded the motion, that • 669_706 Resolution No. 78 -2680, "RESOLUTION WAIVING PLATTING REQUIRE- MENTS TO ALLOW DIVISION OF PROPERTY INTO TWO PARCELS AT 228 TYLER AVENUE NORTH, SUB EC TO PUBLICATION OF AMENDMENTS TO THE ZONING ORDINANCE AND A 25 FOOT RIGHT -OF -WAY EASEMENT ACROSS THE BACK OF THE PROPERT ", be adopted. A poll of the vote was as follows: Mr. Lohmann, y::a; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and ay•r Miller, yea. Motion carried un- animously. Item: 78 -70 -0. Dr. Slaton moved, and M . Hohmann seconded the motion, that 706- Ordinance No. 78 -444, ". ORDINANCE TO AMEND CHAPTER 416 OF THE 1977 CODE OF ORDINANCES OF THE CITY OF HOPKINS REGULATING THE LICENSING AND USE OF BICYCIES AND REPEALING PREVIOUS ORDINANCES INCONSISTENT HEREWITH ", 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. McDonald, yea; Mr. Milbert yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 78 -72 -0. Dr. Slaton moved, and Mr. Milbert seconded the motion, that Ordinance No. 78 -445, "AN ORDINANCE AMENDING HOPKINS ZONING ORDINANCE NO. 427 ", be accepted for the second reading thereof and according to law saire 'o be ordered published. A poll of the vote was as follows: M . Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDo ald, yea; and Mayor Miller, yea. Motion carried unanimously Item: 78 -73 -0. Mr. Lohmann moved, and ?r. Milbert seconded the motion, that -733 Ordinance No. 78 -446, "CRD NANCE AMENDING SECTION 960 OF THE 1977 CODE OF ORDINANCES OF THE CITY OF HOPKINS AS TO DECLARATIOI' OF POLICY AND PURPOSE ",(H an Rights Ordinance) be accepted for the second reading thereof and according to law same to be ordered published. A pcll 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: 78 -75 -0. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that 733 -757 Ordinance No. 78 -447, "CRDINANCE ADOPTING THE 1978 NATIONAL ELECTRICAL CODE NFPA NO. 70- 1978BY REFERENCE IN PLACE OF NATIONAL ELECTRICAL CODE 1975 ", be accepted for the first read- ing. 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 carrie unanimously. Minutes of the May 2, 1978 Council meeting 1 cont. Page 3. Action: Mr. Milbert moved, and Dr. Sla •nseconded the motion, that the in- 0 757 -772 stallation of additional fire axles at the Westbrooke Patio Homes be approved. (see map 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. Item: 78 -80 -Z. Mr. Milbert moved, and r. Lohmann seconded the motion, that 772 -991 the request by Douglas Dahlberg for waiver of the platting requirements to allow d'vision of the property at 313 East Farmdale Road, be denies as recommended by the Zoning and Planning Commission. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slato , ea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, ea. Motion carried unanimously. Item: 78 -74 -A. Dr. Slaton moved, and Md. Lohmann seconded the motion, that 991- the Community Developme t udget as presented by the City Manager be approved. (s:e attached) Action: Mr. Milbert moved, and Mr. Lshm nn seconded the motion, to amend the above motion to read $200 000 for Housing Rehabilitation and $150,000 for Public Facilitie -, L eaving the other line items as shown. A poll of the vote wa-. a follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea Mr. Lohmann, yea; and Mayor Miller, 411 yea. Motion carried unanimous y. Action: Mayor Miller then called for vote on the original motion as amende -1272 and the vote was as follows: ir. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, y4-a; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. McDonald moved, and Mr. Mi bert seconded the motion, that the 1279 meeting be adjourned. Motion ied. PII / f i� d Dorothy M. - ohnso' .ry to Council OU■CILMEN /41 ,eA/■_T4-i VW ' , III r (:.or -e-� ~� Y2 'C, c G Q— o '1. -0— ( - 10 : i - )/i._ (Lex., Ard i 4 lf re A. Miller, Mayor IP