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9-20-1977 CC A regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, September 20, 1977, at 7:30 p.m. , in the Council Chambers in the City Hall. Present were Mayor Miller, Councilmen McDonald, Milbert and Luhmann, also City Manager Craig, City Engineer Strojan, Asst. Engineer Anderson, Operations Director Beecher, Building Inspector Kohnen,and City Attorney Vesely. Absent: Councilman Slaton and City Clerk Richardson: Reel 126 Mr. McDonald moved, and Mr. Milbert seconded the motion, that the two Side 2 items under the CONSENT CALENDAR, be approved: 36- 1. Minutes of the September 6, 1977, Council meeting. 2. Additional 1977 license application: MEDICATED MOVIES, for Movie Theatre and one Vending Machine. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Mr. Lehmann, yea; and Mayor Miller, yea. Motion carried unanimously. Note: At this time in the meeting Councilman Slaton took his seat at the Council table. (7:38 p.m.) * * * * * * * * * * * Action: Mr. Luhmann moved, and Dr. Slaton seconded the motion, that expenditures dated -65 September 20, 1977, Warrant No. 514, in the amount of $150,771.57, be approved and authorized for payment. A poll of the vote was as follows: Mr. Luhmann, yea; 41 Dr. Slaton, yea; Mr. Hilbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. HEARING: Item: 77-116-H. Mr. McDonald moved, and Mr. Milbert seconded the motion, that Resolution 65- No. 77-2616, "A RESOLUTION APPROVING THE SPECIAL ASSESSMENT ON EXTENSION OF WA'1'ERMAIN AT THE HOPKINS NURSING HOME, AS DESCRIBED IN ITEM #1, UNDER EXHIBIT "A" ATTACHED" be adopted. The vote was as follows ' Mr. McDonald yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Luhmann, yea; and Mayor Miller, yea. Motion carried unanimously. Mr. McDonald moved, and Mr. Milbert seconded the motion, that Resolution No. 77-2617, "A RESOLUTION APPROVING THE SPECIAL ASSESSMENTS ON THE INSTALLATION OF WA'lERMAIN ON 16TH AVENUE SOUTH FROM FIFTH STREET TO A POINT APPROXIMATELY 118 FEET SOUTH , AS DESCRIBED IN ITEM #2, UNDER EXHIBIT "A" ATTACHED" , be adopted. The vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Dr. Slaton moved, and Mr. Lehmann seconded the motion, that Resolution No. 77-2618, "RESOLUTION APPROVING THE SPECIAL ASSESSMENT ON A WATER CONNECTION AT 1020 OAKRIDGE ROAD AS DESCRIBED IN ITEM #3, UNDER EXHIBIT "A" ATTACHED" I be adopted. 'The vote was as follows: Mr. McDonald, yea; Mr. Hilbert, yea; Dr. Slaton, yea; Mr. Lehmann, yea; and Mayor Miller, yea. Motion carried unanimously. Mr. McDonald moved, and MIr. Milbert seconded the motion, that Resolution No. 77-2619, "RESOLUTION APPROVING THE SPECIAL ASSESSMENTS ON INSTALLATION OF SANITARY SEWER ON 16TH AVENUE SOUTH FROM FIFTH STREET TO A POINT APPROXIMATELY 118 FEET SOUTH AS DESCRIBED IN ITEM #4 UNDER EXHIBIT "A" ATTACHED, be adopted. The vote was as follows: Mr, hmann, yea- Dr Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller yea. tion carried Un- animously. Mr. Milbert moved, and Mr. McDonald seconded the motion, that Resolution No. 77-2620, "RESOLU- TION APPROVING SPECIAL ASSESSMENTS ON INSTALLATION OF STORM SEWER ON THIRD STREET SOUTH FROM COUNTY HIGHWAY 18 TO FIFTH AVENUE SOUTH AS DESCRIBED IN ITEM #5 UNDER EXHIBIT "A" ATTACHED,'be adopted. The vote was as follows: Mr. McDonald, yea; Mr. Milhert, yea; Dr. Slaton, yea; Mr. Lehmann, yea; and Mayor Miller, yea. Motion carried unanimously. Mr. McDonald moved, and Mr. Lohmann seconded the motion, that Resolution No. 77-2621, "A RESOLUTION APPROVING SPECIAL ASSESSMENTS ON INSTALLATION OF ORNAMENTAL STREET LIGHTS ON BURNES DRIVE FROM MINNETONKA MILLS ROAD TO INTERSECTION OF BURNES DRIVE AND CAMPBELL DRIVE AND ON CAMPBELL DRIVE TO THE INTERSECTION OF CAMPBELL DRIVE AND BURNES DRIVE AS DESCRIBED IN ITEM #6 UNDER EXHIBIT "A" ATTACHED', be adopted.The vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Hilbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. 1. Mr. Luhmann moved, and Mr. Hilbert seconded the motion, that the proposed special assessments for concrete curb and gutter on Second Street South from Fifth Avenue South to Eighth Avenue South, as described in Item #7 under Exhibit "A" attached, be continued to the October 4, 1977, Council meeting. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Luhmann, yea; and Mayor Miller, yea. Motion carried unanimously. li Minutes of the September 20, 1977, Council meeting, cont. Page 2. Item: 77-116-H.,cont. Mr. Hilbert moved, and Mr. Lohmann seconded the motion, that Resolution No. 77-2622, "A RESOLUTION APPROVING THE SPECIAL ASSESSMENTS ON INSTALLATION OF CONCRETE CURB AND GUTTER 1011 ON THIRD STREET SOUTH FROM COUNTY HIGHWAY 18 TO FIFTH AVENUE SOUTH AS DESCRIBED IN ITEM #8 UNDER EXHIBIT"A" ATTACHED",be adopted. The vote was as follows:Mt. Lohmann. yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Notion carried unanimously. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that Resolution No. 77-2623, "A RESOLUTION APPROVING THE SPECIAL ASSESSMENTS ON BITUMINOUS SURFACING OF THIRD STREET SOUTH FROM COUNTY HIGHWAY 18 TO FIFTH AVENUE SOUTH AS DESCRIBED IN ITEM #9 UNDER EXHIBIT "A" ATTACHEd',be adopted. The vote was as follows: Mr. McDonald, yea; Mr. Hilbert, yea; Dr. Slaton, yea; Mr. Luhmann, yea; and Mayor Miller, yea. Motion carried unanimously. Mr. McDonald moved, and Mr. Milbert seconded the notion, that Resolution No.77-2624, "A RESOLUTION APPROVING THE SPECIAL ASSESSMENTS ON BITUMINOUS SURFACING ON 16TH AVENUE SOUTH FROM FIFTH STREET TO A POINT APPROXIMA'1'ELY 118 FEET SOUTH AS DESCRIBED IN ITEM #10 UNDER EXHIBIT "A" ATTACHED ,'be adopted. The vote was as follows: Mr. Lohmann yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Dr. Slaton moved, and Mr. McDonald seconded the motion, that the proposed special assess- ments on bituminous surfacing of Second Street South from Fifth Avenue South to Eighth Avenue South as described under Item #11 under Exhibit "A" attached, be continued to the October 4, 1977, Council meeting. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert yea; Dr. Slaton yea; Mr. Lohmann yea; and Mayor Miller, yea. Notion carried un- 40 animously. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that Resolution No. 77-2625, "A RESOLUTION APPROVING THE SPECIAL ASSESSMENTS ON STREET RECONSTRUCTION AND BITUMINOUS SUR- FACING ON SEVENTH AVENUE SOUTH FROM EXCELSIOR AVENUE SOUTHERLY TO EAST-WEST ALLEY AS DES- CRIBED IN ITEM #12 UNDER EXHIBIT"A" ATTACHED,be adopted. The vote was as follows:Mr. Luhmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Mr. Milbert moved, and Mr. Lohmann seconded the motion, that Resolution No. 77-2626, "A RESOLUTION APPROVING THE SPECIAL ASSESSMENTS ON CONSTRUCTION OF PARKING SPACES ON SECOND STREET SOUTH BETWEEN SIXTH AVENUE SOUTH AND EIGHTH AVENUE SOUTH AS DESCRIBED IN I'm24 #13 UNDER EXHIBIT"A" A'1'1ACHED.be adopted.The vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Notion carried un- animously. Mr. Lohmann moved, and Dr. Slaton seconded the notion, that Resolution No. 77-2627, "A RESOLUTION APPROVING THE SPECIAL ASSESSMENTS FOR TREE REMOVAL AT 102 VAN BUREN AVENUE SOUTH AS DESCRIBED IN ITEM #14 UNDER EXHIBIT "A" ATTACHED; be adopted. The vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert yea; Mr.McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. ill PARKING LOTS: 465- After an introductory explanation by City Manager Craig, Mayor Miller opened the hearing on the Parking Lots - Mr. Lohmann moved, and Dr. Slaton seconded the motion, to correct the description of the parking lot in Block 69, West Minneapolis Second by deleting Lots 6, 16, 17, 18 and 19 and substitute therefore, Lots 7, 8, and 9. 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. Mayor Miller then asked for cocuents from the audience - and after considerable discussion - Mr. McDonald moved, and Dr. Slaton seconded the motion, that the Hearing on the Parking Lots be closed. 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. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that Resolution No. 77-2628, "A RESOLUTION APPROVING THE SPECIAL ASSESSMENTS ON THE PARKING LOTS AS DESCRIBED UNDER EXHIBIT "A" ATTACHED, AS AMENDED; be adopted. The vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Notion carried unanimously. Item: 77-128-0. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that Ordinance Al 1165-1187 No. 77-435, "AN ORDINANCE AMENDING SECTION 120:40 OF THE 1977 CODE OF ORDINANCES OF THE CITY OF HOPKINS PERTAINING TO CERTAIN CRIMES AND OFFENSES; be accepted for the first reading. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Notion carried unanimously. el • 1 Minutes of the September 20, 1977, Council meeting, cont. Page 3. Item: 77-129-R. Mr. Lohmann moved, and Mr. McDonald seconded the motion, that the request 1187-1260 for clarification as to whether or not a survey previously approved by Council for division of a lot is still valid under the new Zoning Ordinance, be tabled. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. il Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Notion carried unanimously. Item: 77-130-R. Dr. Slaton moved, and Mr. Milbert seconded the notion, that the request 1260-1284 from the Minnesota Department of Transportation for 11 ton axle loads on 2nd St. N.E. from Washington Avenue to Blake School, be denied. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Notion carried unanimously. Item: 77-131-A. Mr. McDonald moved, and Mr. Lohmann seconded the motion, that the re- 1284-1315 coil mndation frau staff for Council consideration for placement of the following traffic control signs, be approved: 1. Yield for Right Turn Lane, westbound-Excelsior to eastbound St. Louis Street. 2. Do Not Enter for westbound on St. Louis Street to eastbound Excelsior Avenue. (see sketch 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. 4 Item: 77-132-P. Mr. Hilbert moved, and Dr. Slaton seconded the motion, that the petition 1315-1333 from residents of 6th & 7th Avenue South, re noise created by the Hammer- lund Mfg. Co. , be referred to staff for study. A poll of the vote was as follows: MIr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 77-133-R. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that Resolution No. 1333-1346 No. 77-2614, "A RESOLUTION CONFIRMING REAPPOINTMENT OF SVANTE SEVERSON AND FRED EAVES AS COMMISSIONERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF HOPKINS, MINNESOTA", be adopted. 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: 77-134-R. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that Resolution No. 1346-1472 77-2615, "RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $400,000 BONDS FOR THE CBD NORTH TAX INCREMENT PROJECT", be adopted. 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. HEARING: Item: 77-127-B. Continuation of Hearing on the 1978 Budget. City Manager Craig outlined 410 Reel 127 to the Council the summary of the proposed budget as agreed upon so far Side 1 and wishes the following items to be a part of the minutes of this meeting: 2- 1. That the goal is to have the City's tax millage this year lower than last year and would include the special levy for reforestation; 2. There would be a special levy allocating approximately $65,000 for re- forestation associated with the Dutch Elm and Oak Wilt loss; 3. There would be no new employees hired, or no new major programs to the City in this budget and one minor program and that is for the inclusion within the Recreation allotment of aid to the handicapped in the amount of $225.00; 4. There would be no service cuts - services would remain as they are now; 5. Lastly, and probably the most important, that the water and sewer ex- penditures as stated in the budget would contemplate increases in the water and sewer rates. Water to the lesser degree but sewer to a much greater degree due to the expenses associated with the Metro Sewer Control and the fact they are proposing an increase of over 26% in a single year to the City,and inasmuch as we are losing money already in the sewer utility, it would thus be necessary to raise the cost and passing this on to the consumer. Action: Mr. Milbert moved, and Mr. Lohmann seconded the motion, that the Hearing on the 111 1978 Budget be continued to the October 4, 1977, mooting. A poll of the vote was as follows: Mir. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Minutes of the September 20, 1977, Council meeting, cont. Page 4. Action: Mr. Lohmann moved, and Mr. McDonald seconded the motion, that the Mayor's re- appointment of Mrs. Eugenia Arimond to the Hopkins Park Board, be approved. A poll of the vote was as follows: Mr. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, IIII, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. McDonald moved, and Mr. Milbert seconded the motion, that the meeting be -97 adjourned. Motion carried. i_ c.....4171.611_., ,/ ,iiik ..4•..iAL..___,,e -4i /Ca k Dorothy M. Jo •n, -cre - • • = Council COUNCZ' W ' /'.t �1" //', )7;-_71 ..4i<1 9 1:7:,..., .e,e....,--,.. il ... A'1`1'E , 6,, '/ , 2----L-.(..1.0A, Jer Miller, Mayor r 1111 0