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10-4-1977 CC A regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, October 4, 1977, at 7:30 p.m., in the Council Chambers in the City Hall. Present were Mayor Miller, Councilmen McDonald, Milbert, Slaton and Lohmann, also City Manager Craig, City Clerk Richardson, City Engineer Strojan, Asst. Engineer Anderson, Operations Director Beecher, Building Inspector Kohnen, and City Attorney Vesely. Ili/ Reel 127 Mr. McDonald moved, and Mr. Milbert seconded the motion, that the four (4) Side 1 items under the CONSENT CALENDAR, be approved: 101- 1. Minutes of the September 20, 1977, Council meeting. 2. Additional 1977 misc. license applications: WILLIAM B. OTTING, Housemover, 3 D HEATING & AIR COND., Install Gas Burners; LOOP-BEf,DEN PORTER CO. , Install Oil Burners. 3. Request by Northern States Power Co., for permit to place buried cable on 10th Avenue North, north of Excelsior, to a point approx. 300 feet to serve the CBD North Project. 4. Request from Northwestern Bell Telephone Co., for permit to place buried cable on the West side of 11th Avenue from First St. to approx. 175 feet north and on the South side of First St. So., from 11th Ave. to a point approx. 175 ft. east. 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. 411/ * * * * * * * * * * * Action: Dr. Slaton moved, and Mr. Lohmann seconded the motion, that the expenditures -114 dated October 4, 1977, Warrant No. 515, in the amount of $110,087.44; and Warrant No. 516, in the amount of $108,199.79, 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. Item: 77-136-R. Dr. Slaton moved, and Mr. Lohmann seconded the motion, that Resolution No. 77-2629, "A RESOLUTION RELATING TO MEMBERSHIP IN THE SUBURBAN PUBLIC HEALTH NURSING SERVICE, INC.", be adopted. Action: Mr. McDonald moved, and Mr. Hilbert seconded the motion, that Resolution No. 77-2629, be amended to include the statement that "this cost shall not exceed $.35 per capita and that gaid rate be applied to 1978 population estimates of the Metropolitan Council, said amount not to exceed $5700 for the City of Hopkins' 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- • animously. Action: Mayor Miller then called for a poll of the vote of the original motion as -301 amended, and 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: 77-137-R. Mt. Lohmann moved, and Mr. Milbert seconded the motion, that Council 301-343 approve the request for transfer of Dahlberg Liquor license for Off Sale Liquor, Off Sale Non Intoxicating Malt Liquor, Soft Drinks and Cigarettes, by Richards Corporation, 22 - 10th Avenue North. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milbert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; Mayor Miller abstained. Motion carried. Item: 77-138-R. Mr. McDonald moved, and Mr. Lohmann seconded the motion, to refer back to 343- Zoning and Planning,the request by Mr. Baker for Council approval of the second phase of the Conditional Use permit to construct 3 residential bui dings, 6 stores in height and related variances, and ask Zoning and Planning for their resolution of all details before this request comes again to Council. Illp Action: After considerable discussion re this item, it was moved by Mr. Lohmann, -593 and seconded by Dr. Slaton, that the parties involved in Mr. Baker's request,take 30 minutes to discuss in private,a possible solution to the resolvement of this item. 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. Minutes of the October 4, 1977, Council meeting, cont. Page 2. HEARINGS: (Continued from the September 20, 1977, Council meeting) Item:77-116-H. Dr. Slaton Euved, and PMI. Milbert seconded the motion, that Resolution 602- No. 77-2631, "A RESOLUTION APPROVING SPECIAL ASSESSMENTS FOR CONCRETE CURB AND GUT'T'ER ON SECOND STREET SOUTH FROM FIFTH AVENUE SOUTH TO EIGHTH AVENUE SOUTH AS DESCRIBED IN ITEM #7, UNDER EXHIBIT "A" ArI'ACHED", 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. Item: 77-116-H. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that Resolution -618 No. 77-2632, "A RESOLUTION APPROVING SPECIAL ASSESSMENTS ON BITUMINOUS SURFACING OF SECOND STREET SOUTH FROM FIFTH AVENUE SOUTH TO EIGHTH AVENUE SOUTH AS DESCRIBED IN ITEM #11, UNDER EXHIBIT "A" ATTACHED", be adopted. A poll of the vote was as follows: Mr. Luhmann, yea; Dr. Slaton, yea; Mr. Milhert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. Item: 77-128-0. Mr. Lohmann moved, and Mr. Milbert seconded the motion, that Ordinance 618-630 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 Oi'FENSES", be accepted for the 2nd reading thereof and according to law same to be ordered published. A poll of the vote was as follows: Mr. McDonald, yea; Mr. Milhert, yea; Dr. Slaton, yea; Mr. Lohmann, yea; and Mayor Miller, yea. Motion carried unanimously. Action: Mr. Lohmann moved, and Dr. Slaton seconded the motion, that Ordinance No. 411 630- 77-434, "AN ORDINANCE ADOPTING THE 1977 COVE OF ORDINANCES OF THE CITY OF HOPKINS", 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. Lohmann, yea; Dr. Slaton, yea; Mr. Milbert, yea; Mr. McDonald, yea; and Mayor Miller, yea. Motion carried unanimously. (sec Minutes of August 16, 1977, was never published) Action: Mr. Lohmann moved, and Dr. Slaton seconded the motion, that Ordinance No. -630 77-433, "AN ORDINANCE AMENDING SFCTTON 100 OF THE 1973 & 1977 CODE OF ORDIN- ANCES OF THE CITY OF HOPKINS PERTAINING TO CITY CONTRACTS,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 un- animously. (see Minutes of August 16, 1977, was never published) . Cont. Item: 77-138-R. Dr. Slaton moved, and Mr. McDonald seconded the motion, to amend 630- the original motion as follows: that the request by Mir. Baker for • Council approval of the second stage of the Conditional Use Permit which would allow the issuance by the Building Inspector of a build- ing permit for those items which were covered by the ori rd nal two • variances , be approved, and further requests for variances be re- ferred to Zoning and Planning for review and recommendation to Council. 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: 77-138-R. Mr. McDonald moved, and Mr. Lohmann seconded the motion, that the -778 original motion as amended, be approved. 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: 77-135-R. Mr. McDonald moved, and Dr. Slaton seconded the motion, that Resolution 778- No. 77-2630, "RESOLUTION APPROVING 1977 TAX LEVY COT,TECTIBTF IN 1978", 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. Minutes of the October 4, 1977, Council meeting, cont. Page 2. Action: Mayor Miller at this time asked that the Minutes so state that the reappointment it 883- of Eugenia Arinond to the Hopkins Park Board set forth in the Minutes of September 20, 1977, should also state reappointment to the Recreation Board also. Motion carried. Action: Mr. MCDonald moved, and Mr. Luhmann seconded the motion, that the meeting be adjourned. Nbtion carried. a?-4-1-1 / Dorothy M. Jo son,Sec to the Council COUNCILMEN: Ave � ;� vLt- Jee A. Miller, Mayor • • 110 S