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6-3-1975 CC A reguZar rr�eting of the Council of the City of Hopkins, Minnesota, was held on Tuesday, June 3, I975, at 7:30 p.m. , in the Council Chambers in the Cit� Ha1I. Preserrt :were Mayor Pokorny, Councilmen McDonald, MiZbert, Mi1ler and Vassar, also City Manager Cotton, City Clerk Richardson, City Engineer Strojan, Asst. Engineer Anderson, Operations Director Beecher, Building Inspector Kohnen and City Attorney Vesely. Reel 182 Mr. Miller moved, and Mr. Milbert seconded the motion, that the three Side 2 (3) items under the CON5ENT CALENDAR, be approved. 214-217 1. Minutes of the May 20, Z973, Council meetinq. 2. Request for renewal of set-up permit by Jack Yee.(State of Minnesota issues the license) 3. Request by Northern States Power Company for permit to install under- ground service across alley south of 802 Excelsior Avenue W. (for service to Mr. DoNut) . A poll of the vote was as follows: Mr. Vassar, yea; Mr. McDonald, yea; Mr. Miller, yea; Mr. Milbert, yea, and Mayor Pokorny, yea. Motion carried un- animously. �r * * * * �r � � �r � � �r � �r �r Action: Mr. Vassar moved, and Mr. Mi.Zler seconded the motion, that the expenditures ZI7-236 dated June 3, Z975, under Warrant No. 448, in the amount of $15Z,22.Z. 79, be approved and authorized for paymen t. A poll of the vote was as follows; Mr. Vassar, yea; Mr. McDonald, yea; Mr. Mi1Zer, yea; Mr. Milbert, yea; and Mayor Pokorny, yea. Motion carried unanimously. APPEARANCE: At this time in t1'ie meeting Mr. Thomas Feeney, Director of HUD, area Office 236- of Minneapol.is-St. Paul, was introduced by Ma�or Pokorney. Mr. Feeney then presented to Mayor Pokorny and the Council, a letter written to Mayor Pokorny Lnforming him of the funds appropriated fo the City of Hopkins for the financing of our Community I�velopment Plan that was submitted by the members of our Hopkins Community De�rrelopment Citizens Comm.ittee, Actionv Mr. Mi11er moved, and Mr. Uassar seconded the motion, that Mayor Pokorny be -290 presented this personal letter from President Ford,for his memoirs,of one the many special events that materialized during his tenure as Mayor of Hopkins. AZso that the members of the Hopkins .Community DeveZopment Citizens Committee, present at this zr�eting, stand and be recognized for the exceptional job they did in preparing our Community Z7�velopment Proryram. A po.Z.Z.,of the vote was as foZlows: Mr. Vassar, yea; Mr. 1�'cDonald, yea; Mr. Miller, yea; Mr. Milbert, yea; Motion carried unanimously. HEARINGS: Item: 74-306-P. Mr. Milbert moved, and Mr. Vassar seconded the motir3n, that Resolution 290-55Z No. 75-2443, "RESOLUTION ORDERING THE IMPROVEMENT ON 21ST AVENUE NORTH FROM THIRD STREET TO FOURTH STREET NORTH BY THE INSTALLATION OF SANITARY SEWER, WATER SERVICES, STREET CONSTRUCTION AND STORM SEWER THEREON", be adopted. A po1Z of the u�te was as follows: Mr. Vassar; yea; Mr. McDonald, yea;, Mr. Miller, �ea; Mr. Milbert, yea; and Mayor Pokorny, yea. Motion carried unanimously. Item: 74-346-P. Mr. Mi11er moved, and Mr. Milbert seconded the motion, that Resolution 551-681 No. 75-2444, "A RESOLUTION ORDERING THE IMPROT7EMENT ON THE ALLEY WEST OF MONROE A UENUE SOUTH FROM FIRST STREET SOUTH TOWARD SECOND ST,REET 50UTH BY THE INSTALLATION OF CONCRETE SUXFACINC THEREON"', be adopted. A poZl of the vote was as follows: Mr. Milbert yea; Mr. Mi11er, yea; Mr. McDonald, yea; Mr. Vassar, yea; and Mayor Pokorny, yea. Motion carried unanimously. Item: Mr. Milbert moved, and Mr. Mi1ler seconded the motion, that tFie Hearing on an 68Z-1369 improvement of the residential area bounded by Highway #7, Sth Avenue North, Minnetonka MiZ.Zs Road and the BurZington Northern RaiZroad by the instaZlation of ornamentaZ street Iighting therein, be continued to the July 1, I975, Council meeting for further study by the Council and the residents in the affected area. A po.ZZ of the vote was as follows: Mr. Milbert yea; Mr. Miller, yea; Mr. McDonald, yea; Mr. Vassar, yea; and Mayor Pokorny, yea. Mation carried unanimously. Minutes of the June 3, 1975, Council meeting, cont. Page 2. Item: 75-48-R. Hearing on Resolut�on No. 75-2440,"RE50LVTION ORDERING ABATEMENT OF 1369 to end NUISANCE BY REMOVING CERTAIN INFECTED ELM AND/OR OAK TREES IN/OR IN of tape BLOCKS Z AND 2, DAVISON'S ADDITION TO WEST MINNEAPOLIS". Ree1 183 Side Z Present at the meeting on the above Hearing, was Stanley Feltl, his Sister, 3- Mary FeZtZ, and Frank Martin, the Husband of a Niece of the Fe1tZs. Frank Martin indicated that he represented and spoke for aZI of tne Fe1tZs, owners of BZock 1, Davison's Addition to West MinneapoZis. He indicated that the owners wouZd not object to the entry by the City upon Block I, for the purpose of removing the diseased Oak and Elm trees, provided, that they sti1Z had the right to present any damage claims due to the flood waters in tlze past which may have caused the kiZling of some trees in that location. Action: Mr. Mc.Donald moved, and Mr. Miller seconded the mation, that an Agreement -131 be drawn and signed by the City and presented for signatures to the owner, or owners of Block 1, providing for such entry upon the land for the purpose of eZirninating diseased tre�<:�e�eon, with the understanding that any such removal wouZd be without prejudice to any rights, claims or actions which either party may have against the other in connection with trees and Zand in volved. A poZl of the vote was as follows: Mr. Uassar, yea; Mr. McDonald, yea; Mr. Miller, yea; Mr. Milbert, nay; and Mayor Pokorny, nay. Motion carried. Appearance: Hopkins-Minnetonka Recreation Board appeared before the Council re the 13I-495 Recreation Study Committee's Report. After considerabZe discussion, no formaZ action was taken by the Council. Item: 75-38-E. Mr. Milbert moved, and Mr. MiZZer seconded the motion, that Resolution 495-529 No. 75-2445, "RESOLUTION ORDERING HEARING ON INSTALLATION OF CONCRETE ALLEY IN THE BIACK BETWEEN FIFTH AND SIXTH AVENUE SOUTH AND EXCELSIOR AVENUE AND SECOND STREET SOUTH", be adopted. A poll of the vote was as follows: Mr. Uassar, yea; Mr. McDonald, yea; Mr. MiZ1er, yea; Mr. Milbert, yea; and Ma�or Pokorny, yea. Motion carried unanimously. Item: 75-52-R. Mr. Mc.DonaZd moved, and Mr. MiZbert seconded the motion, that the request 529-740 from Jasef Pausch, President of General Resource Corp. , to discuss the problems by Hennepin County Highway Department for an alternate route for Third Street South to pass under the new County Road Bridge, be referred to the City Engineer for study. A poll of the Council was as fo.Zlows: Mr. Milbert, yea; Mr. MiZler, yea; Mr. McDonaZd, yea;, Mr. Vassar, yea; and Mayor Pokorn�, yea. Motion carried unanimously. Item: 75-54-Z. Mr. Mi.Zbert moved, and Mr. Mi.ZZer seconded the motion, that reco�r�aenda- 740-752 tion from Zoning and Planning for Council approval of a ConditionaZ Use Permit to install a swimming pool for the housing project to be erected on Lots ZI thru 4Z, and the South 30 feet of Lot 42, BZock 3, West MinneapoZis, (Hopkins Plaza Development) be granted. A po11 of the vote was as follows: Mr. Milbert, yea; Mr. Miller, yea; Mr. McDonaZd, yea; Mr. Vassar, yea; and Mayor Pokorny, yea. Motion carried unanimously. Item: Mr. MiZbert moved, and Mr. MiZZer seconded the rr�tion, that ResoZution No. 75-2446, 752-762 "RESOLUTION ORDERING HEARING ON INSTALLATION OF CONCRETE ALLEY IN THE VICINITY OF COTTAGEVILLE PARK, EAST OF BLAKE ROAD", be adopted. A poZl of the Council was as foZlows: Mr. MiZbert, yea; Mr. MiZler, yea; Mr. McDonald, yea; Mr. Uassar, yea; and Mayor Pokorny, yea. Motion carried unanimously. Item: 75-44-A. Mr. Milbert moved, and Mr. Mi11er seconded the motion, that t11e proposed 762-777 Stipulation Agreement with the Minnesota Pollution Contro.i Agency and the City of Hopkins re Hopkins Sanitary Landfill, be continued to the June 17, 1975, CounciZ meeting. A poll of the vote was as foZlows: Mr. MiZbert, yea; Mr. Miller, yea; Mr. McDonaZd, yea; Mr. Vassar, yea; and Mayor Pokorny, �ea. Motion carried unanimously, Item: 75-45-P. Mr. 1�iller moved, and Mr. Milbert seconded the motion, that designation 777-785 of parking area south of DahZberg Liquor as a City Parking Lot, be approved. A poll o f the vote was as foZZows: Mr. Vassar, yea; Mr. Mc.DonaZd, yea; Mr. Miller, yea; Mr. Milbert, yea; and Mayor Pokorny, yea. Motion carried unanimousZy. Minutes of the June 3, 1975, Council meeting, cont. Page 3. Item: 75-47-R. Mr. Mi.Zbert moved, and Mr. MilZer seconded the motion, that the request 785-793 from Kenneth L. and RusseZl H. Zakariasen for CounciZ approvaZ of tranferring the special assessments on their parcel of land No. 9563, to the remaining portion of said parcel sti1l owned by them, be approved as set forth in the City Attorney's Agreement. (see attached) A poZl of the vote was as follows: Mr. Milbert; yea; Mr. Miller; yea; Mr. McDonald, yea; Mr. Vassar, yea; and Mayor Pokorny, yea. Motion carried unanimously. Item: 75-51-E. Mr. Uassar moved, and Mr. MiZler seconded the motion, that the results 793-803 of the City Election, heZd on May 20, 1975, for the eZection of one Mayor and two CounciZmen, be approved. (see official results attached) JERRE A. MILLER, elected MAYOR for a two year term, effective as of July 1, 1975. DONALD J. MILBERT, AND ROBERT J. Mc.DONALD, elected COUNCILMEN for four year terms, effective Ju1y Z, 1975. A poZ1 of the vote was as fo.Zlows: Mr. Vassar, yea; Mr. McDonald, yea; Mr. Mi11er, yea; Mr. Milbert, yea; and Mayor Pokorny, yea. Motion carried unanimousl�. Item: 75-53-R. Mr. Mi11er moved, and Mr. Vassar seconded the motion, that Resolution 803-855 NO. 75-2442, "RESOLUTION A UTHORIZING PARTICIPATION IN PLANNING COUNTY- WIDE PUBLIC SAFETY COMMUNICATIONS SYSTEM", be adopted. A po1Z of the vote was as follows: Mr. Uassar, yea; Mr. McDonald, yea; Mr. Miller, yea; Mr. MiZbert, yea; and Mayor Pokorny, yea. Motion carried unanimously. Item: 75-55-Z. Mr. Miller moved, and Mr. McDonald seconded the motion, to deny the 855-867 request for street vacation of Z4th Avenue in front of Lots 1,2,3, 4 and 5, Block 2, L. P. Crevier's First Addition to West Minneapolis(formerly Item: 74-276-Z. R.Wilson:) , as recommen ded by the Zoning and Planning Commission. A poll of the Council was as foZlows: Mr. Vassar, yea; Mr. McDonald, yea; Mr. Miller, yea; Mr. Milbert, yea; and Mayor Pokorny, yea. Motion carried unanimously. Item: 75-56-0. Mr. Uassar moved, and Mr. Milbert seconded the motion, that Ordinance No. 867-875 75-4.Z4, "AN ORDINANCE ADOPTING NATIONAL ELECTRICAL CODE NFPA NO. 70-1975, BY REFERENCE IN PLACE OF NATIONAL ELECTRICAL CODE OF 1971", be accepted for the first reading. A poZ1 of the vote was as foZZows: Mr. Milbert, yea; Mr. Miller, yea; Mr. McDonald, yea; Mr. Vassar, yea; and Mayor Pokorny, yea. Motion carried unanimously. Action: Mr. MiZ.Zer moved, and Mr. McDonald seconded t12e motion, to accept the 875-892 offer of a settlement of $7,250.00, from Arnold Beckman & Co. , for damages resuZting from defecti ve concrete alZey instal.Zed by Beckman & Co. , ,�n 1973. A po1Z of the vote was as foZ.Zows: Mr. Milbert,yea; Mr. MiZ1er, yea; Mr. McDonaZd, yea; Mr. Vassar, yea; and Mayor Pokorny, yea. Motion carried unanimously. Action: Mr. Miller moved, and Mr. Vassar seconded the motion, that the meeting be 892- adjourned. A poll of the vote was as follows: Mr. Milbert, yea; Mr. MiZ1er, yea; Mr. McDonald, yea; Mr. Uassar, yea; and Mayor Pokorny, yea. Motion carr.zed unanimously. Dorothy M. Jo son, e etary to the Council CO�U�MEN: '�. �� + �l�-t,-``�-.�,:�f� �. �`��'Z--�.. �C/�v�_--g-�-��_ .� r .... ,;. ,� � ._� / ,•' i� �UG� / '/� � J .. :� � � � AT .':�. ,/� �'` , i � � �,,C,/'rf 4_.., ',• ;,.��i� ,J � enry P orny, Jr , or ,