Resolutions
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 84-3161
A RESOLUTION RECEIVING REPORT AND CALLING
FOR HEARING ON IMPROVEMENTS
WHEREAS, pursuant to Resolution No. 84-3157 of the Council adopted August 21st,
1984, a report has been prepared by John Strojan, City Engineer, with reference to
the easement on the east side of Chapel View by the installation of watermain
extension and fire hydrants thereon and this report was received by the Council on
September 4th, 1984.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HOPKINS, HOPKINS,
MINNESOTA, as follows:
1. The Councll will consider the improvement of such watermain extension in
accordance with the report and the assessment of: (PID #24-117-22 12 0006) That
part of the Northwest Quarter of Northeast Quarter lying west of east 486 87/100
feet thereof and southerly of State Highway No.7 and east of Gethsemane Road;
(PID #24-117-22 12 0007) That part of the north 1066 9/10 feet of east 486 87/100
feet of Northwest Quarter of Northeast Quarter lying south of State Highway No.7,
except road: (PID #24-117-22 12 0008) South 200 feet of north 1266.9 feet of east
486.87 feet of east 486.87 feet of Northwest Quarter of Northeast Quarter, except
road; (PID #24-117-22 12 0009) South 50 feet of north 1316 9/10 feet of east 164
feet of west 1/2 of Northeast Quarter, except road: (PID #24-117-22 13 0001) South
50 feet of north 1366 9/10 feet of east 164 feet of west 1/2 of Northeast Quarter
except road; (PID #24-117-22 13 0002) South 50 feet of north 1416 9/10 feet of
east 164 feet of west 1/2 of Northeast Quarter, except road: (PID #24-117-22 13 0003)
South 50 feet of north 1466 9/10 feet of east 164 feet of west 1/2 of Northeast
Quarter, except road: (PID #24-117-22 13 0004) Commenclng at intersection of
norther~y line of Mlnneton~~ ~ills Road and center line of Gethsemane Road, thence
north along said center line to north line of Southwest Quarter of Northeast Quarter,
thence east to a point 164 feet west from northeast corner thereof, thence south -
179 78/100 feet, thence west 84 feet, thence south to northerly line of Minnetonka
Mills Road, thence northwesterly to beginning, except road; (PID #24-117-22 13 0005)
That part of west 84 feet of east 248 feet of Southwest Quarter of Northeast Quarter
lying south of north 179.78 feet thereof and northerly of Minnetonka Mills Road;
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all the above in Section 24, Township 117, Range 22; also Tracts A, B, C and 0,
Registered Land Survey No. 253 for all or a portlon of the cost of the improvement
pursuant to M.S.A., Secs. 429.011 to Secs. 429.111, as amended, at an estimated
total cost of the improvement of $34,643.00; and will further consider the market
value before and after said improvement, of the property affected thereby.
2. A public hearing shall be held on such proposed lmprovement on the 2nd
day of October, 1984 in the Council Chambers of the City Hall at 7:30 o'clock P.M.,
and the Clerk shall give published notice of such hearing and improvement as
required by law.
Adopted by the Council of the City of Hopkins, Hopkins, Minnesota, thlS 4th
day of September, 1984.
J. SCOTT RENNE,
City Clerk
ROBERT F. MILLER,
Mayor
JERRE A. MILLER,
City Attorney
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CITY OF HOPKINS
Hennepin County, MInnesota
RESOLUTION NO. 84-3162
A RESOLUTION ORDERING ABATEMENT OF NUISANCE BY REMOVING
CERTAIN INFECTED ELM AND/OR OAK TREES IN VARIOUS
LOCATIONS IN THE CITY OF HOPKINS
Whereas, pursuant to CIty of HopkIns OrdInance No.
79-467 and pursuant to MSA Chapter 18, and pursuant to Chapter 4,
Rules and RegulatIons of the Department of AgrIculture
(AGR-IOl-120), the forester of the CI ty of HopkIns has found
condItIons 1nd1catIng the presence of Dutch Elm or Oak W1lt
InfestatIon eXIst and have eX1sted upon the follow1ng propert1es;
628)- lOth A~erlu~ South 23" Elm
$149.50
WHEREAS, not1ce of such f1ndings has been gIven to the
owners of record of the premIses; and
WHEREAS, NOTICE OF INTENTION OF THE Counc1l to abate
saId nUIsance was publIshed once and a copy mailed to the
affected property owners, and a hear1ng was set for September 18,
1984.
NOW THEREFORE, 1t
Counc1l of the C1ty of HopkIns
remove these 1nfected trees as
to the owners of saId property.
1S hereby resolved by the C1ty
that the city w1ll take act10n to
lIsted above and charge the costs
Passed and
Hopk1ns, M1nnesota at
September, 1984.
adopted by
a regular
the Counc1l
meet1ng held
of
the
the C1ty
18th day
of
of
/'
J. SCOTT RENNE
City Clerk
ROBERT F. MILLER
Mayor
JERRE A. MILLER
C1ty Attorney
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CITY OF HOPKINS
Hennepln County, Mlnnesota
RESOLUTION NO. 84- 3163
A RESOLUTION ORDERING ABATEMENT OF NUISANCE
BY REMOVING CERTAIN INFECTED ELM AND/OR OAK
TREES IN VARIOUS LOCATIONS IN THE CITY OF HOPKINS
WHEREAS, pursuant to Clty of Hopklns OrdInance No.
79-467 and pursuant to MSA Chapter 18, and pursuant to Chapter 4,
Rules and Regulat10ns of the Department of Agrlculture
(AGR-101-120), the forester of the Cl ty of Hopklns has found
condltlons 1ndlcatlng the presence of Dutch Elm or Oak Wllt
lnfestat10n eXIst and have eX1sted upon the follow1ng propert1es:
(see llst attached, marked Exh1b1t A)
WHEREAS, not1ce of such f1nd1ngs has been glven to the
owners of record of the prem1ses; and
WHEREAS, no part of sa1d 1nfected trees have been
removed or otherw1se treated,
NOW THEREFORE, IT IS HEREBY RESOLVED by the C1ty Counc1l
of the C1ty of Hopk1ns, as follows:
That the prem1ses of sa1d 1nfected trees, Wh1Ch are 1n
number and lIsted have been and are duly marked and are located as
llsted, const1tute a publ1C nU1sance as more fully set forth 1n
the prov1s1ons of HopkIns Ord1nance No. 79-467 M.S.A. Chapter 18,
and Rules and Regulat10ns of the Department of Agr1culture (AGR
101-120), and such nU1sances are hereby ordered to be ImmedIately
abated by cutt1ng and removal of all such 1nfected trees thereon.
It 1S further ordered that a Not1ce of the Intent10n of
the Counc1l so to abate sa1d nU1sance shall be publ1shed once and
a copy thereof ma1led to the affected property owners, Wh1Ch
Not1ce shall spec1fy that act10n upon th1S Resolut1on shall be
taken at a spec1al meet1ng of the C1ty Counc1l to be held
October 16, 1984 such publ1cat1on to be not less than one
week pr10r to the date of such meet1ng.
The Counc1l at such meet1ng shall hear all property
owners w1th reference to the above matter. It 1S further resolved
that a copy of th1S Resolut1on shall be ma1led 1mmed1ately to the
owners of the property 1nvolved here1n.
Hopk1ns,
1984.
Passed and
Mlnnesota at
adopted by the Councll
a regular meet1ng held
Clty of
day of Sept.
of the
the 18th
J. SCOTT RENNE
Clty Clerk
ROBERT F. MILLER
Mayor
JERRE A. MILLER
C1ty Attorney
CITY OF HOPKINS
Hennepln County, M1nnesota
Resolut1on No. 84-3l64
EXECUTION OF THE ICMA RETIREMENT TRUST
WHEREAS, THE Employer ma1nta1ns a deferred compensat1on plan
for lts employees Wh1Ch 1S adm1n1stered by the ICMA Ret1rement
Corporat1on (the "Adm1n1strator"); and
WHEREAS, other publ1C employers have J01ned together to establ1sh
the ICMA Ret1rement Trust for the purpose of representlng the
lnterests of the part1c1patlng employers w1th respect to the
collect1ve 1nvestment of funds held under the1r deferred
compensat1on plans; and
WHEREAS, sa1d Trust 1S a salutary development WhICh further
advances the qual1ty of admln1strat1on for plans adm1n1stered by
the ICMA Retlrement Corporat1on:
NOW THEREFORE BE IT RESOLVED that the Employer hereby executes
the ICMA Ret1rement Trust, attached hereto; and
BE IT FURTHER RESOLVED that the F1nance D1rector shall be
coord1nator for thls program and shall rece1ve necessary reports,
not1ces, etc. from the ICMA Ret1rement Corporat1on as
AdmInIstrator, and shall cast, on behalf of the Employer, any
requ1red votes under the program. Adm1n1strat1ve dut1es to carry
out the plan may be ass1gned to the appropr1ate departments.
Passed and
Hopk1ns, M1nnesota at
September, 1984.
adopted by
a regular
the Counc 11
meetlng held
of
the
the C1ty
18th day
of
of
J. SCOTT RENNE
C1ty Clerk
ROBERT F. MILLER
Mayor
JERRE A. MILLER
C1ty Attorney
-e
I, J. Scott Renne, Clerk of the C1ty of Hopk1ns do hereby cert1fy
that the above resolut1on, proposed by Counc1l was duly passed
and adopted 1n the Counc1l of the C1ty of Hopk1ns at a regular
meet1ng thereof assembled thlS l8th day of September 1984, by the
follow1ng vote:
AYES: 4
NAYS: 0
ABSENT: 1
(SEAL)
J. ~Cott ~
J. SCOTT RENNE, C1ty Clerk
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APPENDIX B
'e
DECLARATION OF TRUST
of
ICMA RETIREMENT TRUST
ARTICLE I Name and Definitions
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SECTION 1 1 Name The Name of the Trust created hereby IS the
ICMA Retirement Trust
SECTION 1 2 Definitions Wherever they are used herein, the
following terms shall have the following respective meanings
(a) By-Laws The By-Laws referred to In Section 4 1 hereof, as
amended from time to time
(b) Deferred Compensation Plan A deferred compensation plan
established and maintained by a Public Employer forthe purpose
of providing retirement Income and other deferred benefits to ItS
employees In accordance with the prOVIsions of section 457 of
the Internal Revenue Code of 1954 as amended
(c) Guaranteed Investment Contract A contract entered Into by
the Retirement Trust with Insurance companies that provides for
a guaranteed rate of return on Investments made pursuant to
such contract
(d) ICMA The International City Management ASSOCiation
(e) ICMA/RC Trustees Those Trustees elected by the Public
Employers who, In accordance with the provIsions of Section
3 1 (a) hereof, are also members of the Board of Directors of ICMA
or RC
(f) I nvestment Adviser The Investment Adviser that enters Into a
contract with the Retirement Trust to provide advice with respect
to Investment of the Trust Property
(g) Employer Trust A trust created pursuant to an agreement
between RC and a Public Employer for the purpose of investing
and administering the funds set aSide by such employer In
connection with ItS deferred compensation agreements with ItS
employees
(h) Portfolios The Portfolios of Investments established by the
Investment Adviser to the Retirement Trust, under the
supervIsion of the Trustees, for the purpose of providing
Investments for the Trust Property
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(I) Public Employee Trustees Those Trustees elected by the
Public Employers who, In accordance with the prOVIsions of
Section 31(a) hereof, are full-time employees of Public
Employers
(j) Public Employer A Unit of state or local government, or any
agency or Instrumentality thereof, that has adopted a Deferred
Compensation Plan and has executed thiS Declaration of Trust
(k) RC The International City Management Association
Retirement Corporation
(I) Retirement Trust The Trust created by thiS Declaration of
Trust
(m) Trust Property The amounts held In the Retirement Trust on
behalf of the Public Employers The Trust Property shall Include
any Income resulting from the Investment of the amounts so held
(n) Trustees The Public Employee Trustees and ICMA/RC
Trustees elected by the Public Employers to serve as members of
the Board of Trustees of the Retirement Trust
ARTICLE II Creallon and Purpose of the Trust, Ownership of Trust
Property
SECTION 2 1 Creation The Retirement Trust IS created and
established by the execution of thiS Declaration of Trust by the Trustees
and the participating Public Employers
SECTION 22 Purpose The purpose of the Retirement Trust IS to
provide for the commingled Investment of funds held by the Public
Employers In connection with their Deferred Compensation Plans The
Trust Property shall be Invested in the Portfolios, In Guaranteed
Investment Contracts and In other Investments recommended by the
Investment AdViser under the supervIsion of the Board of Trustees
SECTION 2 3 Ownership of Trust Property The Trustees shall have
legal title to the Trust Property The Public Employers shall be the
benefiCial owners of the Trust Property
ARTICLE III Trustees
SECTION 3 1 Number and Qualification of Trustees
(a) The Board of Trustees shall consist of nine Trustees Five of
the Trustees shall be full-time employees of a Public Employer
(the Public Employee Trustees) who are authorized by such
Public Employer to serve as Trustee The remaining four Trustees
shall consist of two persons who, at the time of electIOn to the
Board of Trustees, are members of the Board of Directors of
ICMA and two persons who, at the time of election, are members
of the Board of Directors of RC (the ICMA/RC Trustees) One of
the Trustees who IS a director of ICMA, and one of the Trustees
who IS a director of RC, shall, at the time of election, be full-time
employees of a Public Employer
(b) No person may serve as a Trustee for more than one term In
any ten-year period
SECTION 32 Election and Term
(a) Except for the Trustees appointed to fill vacancies pursuant
to Section 35 hereof, the Trustees shall be elected by a vote of a
majority of the Public Employers In accordance with the
procedures set forth In the By-Laws
(b) At the first election of Trustees, three Trustees shall be
elected for a term of three years, three Trustees shall be elected
for a term of two years and three Trustees shall be elected for a
term of one year At each subsequent election, three Trustees
shall be elected for a term of three years and until hiS or her
successor IS elected and qualified
SECTION 3 3 Nominations The Trustees who are full-time
employees of Public Employers shall serve as the Nominating
Committee for the Public Employee Trustees The Nominating
Committee shall choose candidates for Public Employee Trustees In
accordance with the procedures set forth In the By-Laws
SECTION 34 ReSignation and Removal
(a) Any Trustee may resign as Trustee (Without need for prior or
subsequent accounting) by an Instrument In writing signed by the
Trustee and delivered to the other Trustees and such resignation
shall be effective upon such delivery, or at a later date according
(v) do all such acts, take all such proceedings, and exercise all
such rights and privileges, although not specifically mentioned
herein, as the Trustees may deem necessary or appropriate to
administer the Trust Property and to carry out the purposes of the
Retirement Trust
SECTION 42 Distribution of Trust Property Distributions of the
Trust Property shall be made to, or on behalf of, the Public Employer, In
accordance with the terms of the Deferred Compensation Plans or
Employer Trusts The Trustees of the Retirement Trust shall be fully
protected In making payments In accordance with the directions of the
Public Employers or the Trustees of the Employer Trusts without
ascertaining whether such payments are In compliance with the
provIsions of the Deferred Compensation Plans or the agreements
creating the Employer Trusts
SECTION 43 Execution of Instruments The Trustees may
unanimously designate anyone or more of the Trustees to execute any
Instrument or document on behalf of all, including but not limited to the
signing or endorsement of any check and the signing of any
applications, Insurance and other contracts, and the action of such
deSignated Trustee or Trustees shall have the same force and effect as If
taken by all the Trustees
ARTICLE V Duty of Care and Liability of Trustees
SECTION 51 Duty of Care In exercIsing the powers hereinbefore
granted to the Trustees, the Trustees shall perform all acts within their
authority for the exclusive purpose of providing benefits for the Public
Employers, and shall perform such acts with the care, Skill, prudence
and diligence In the circumstances then prevailing that a prudent person
acting In a like capacity and familiar with such matters would use In the
conduct of an enterprise of a like character and with like alms
SECTION 5 2 Liability The Trustees shall not be liable for any
mistake of Judgment or other action taken In good faith, and for any
actIOn taken or omitted In reliance In good faith upon the books of
account or other records of the Retirement Trust, upon the opinion of
counsel, or upon reports made to the Retirement Trust by any of ItS
officers, employees or agents or by the Investment Adviser or any sub-
Investment adviser, accountants, appraisers or other experts or
consultants selected with reasonable care by the Trustees, officers or
employees of the Retirement Trust The Trustees shall also not be liable
for any loss sustained by the Trust Property by reason of any Investment
made In good faith and In accordance with the standard of care set forth
In Section 5 1
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SECTION 5 3 Bond No Trustee shall be obligated to give any bond
or other security for the performance of any of hiS or her duties
hereunder
ARTICLE VI Annual Report to Shareholders
The Trustees shall annually submit to the Public Employers a written
report of the transactions of the Retirement Trust, including financial
statements which shall be certified by Independent public accountants
chosen by the Trustees
ARTICLE VII Duration or Amendment of Retirement Trust
SECTION 71 Withdrawal A Public Employer may, at anytime, with-
draw from thiS Retirement Trust by delivering to the Board of Trustees a
statement to that effect The withdraWing Public Employer's benefiCial
Interest In the Retirement Trust shall be paid out to the Public Employer
or to the Trustee of the Employer Trust, as appropriate
SECTION 72 Duration The Retirement Trust shall continue until
terminated by the vote of a majority of the Public Employers, each
casting one vote Upon termination, all of the Trust Property shall be
paid out to the Public Employers orthe Trustees of the Employer Trusts,
as appropriate
SECTION 73 Amendment The Retirement Trust may be amended
by the vote of a majority of the Public Employers, each casting one vote
SECTION 74 Procedure A resolution to terminate or amend the
Retirement Trust or to remove a Trustee shall be submitted to a vote of
the Public Employers If (a) a majority of the Trustees so direct. or (b) a
petition requesting a vote, signed by not less than 25% of the Public
Employers, IS submllted to the Trustees
ARTICLE VIII Miscellaneous
SECTION 8 1 Governing Law Except as otherwise required by state
or local law, thiS DeclaratIOn of Trust and the Retirement Trust hereby
created shall be construed and regulated by the laws of the District of
Columbia
SECTION 82 Counterparts ThiS Declaration may be executed by
the Public Employers and Trustees In two or more counterparts, each of
which shall be deemed an original but all of which together shall
constitute one and the same Instrument
3
CITY OF HOPKINS
Hennepin CountYt Mlnnesota
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RESOLUTION NO. 84-3165
RESOLUTION ADOPTING ASSESSMENTS
WHEREAS, pursuant to proper notice published and given as required
by law, the City Council of the City of Hopkins has met and heard on September
18th, B84, and passed upon all objections to the proposed assessments for
the improvement of certain streets, avenues and thoroughfares in the City of
Hopklns, all as more fully set forth and described in Exhibit A. attached to
Resolution No. 84-3146 adopted the 7th day of August, 1984 and Resolution
No. 84-3154 adopted the 21st day of August, 1984, and
WHEREAS, each of said improvements as set forth in Exhibit A. hereto
,
attached, were presented and considered by said Council separately at said
meeting and each separately accepted and adopted by unanlmous vote of sald
,
Hopkins Council:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HOPKINS, MINNESOTA,
as follows:
1. Such proposed assessments, a copy of which is attached hereto and
made a part hereof and hereby accepted and shall constitute the special assess-
ments against the lands therein named and each tract of land therein included
is hereby found to be benefitted by the proposed improvement ln the amount of
the assessment levied against it.
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2. Such assessments shall be payable in equal, annual installments
extending over the periods of years set forth in the Schedule of Assessments,
the flrst of the installments to be paid with the real estate taxes due and
payable ln 1985. Any deferred installments shall bear interest at the rate
as set forth in said Schedule of Assessments from the 1st day of October,
1984. To the first installments shall be added lnterest on the entire
respective assessment from October 1st, 1984 untll December 31st, 1985.
To each subsequent installments, when due shall be added interest for one
year on all unpaid installments.
3. The owner of any property so assessed may at anytime except between
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November 15th and December 31st, prior to the certification of the assessments
to the Hennepin County Audltor, as herein provided, pay the whole of the
assessments against any parcel to the City Manager, and no interest shall be
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charged if the entire assessment is paid before November 15th. Also, the
owner of the property may at anytime thereafter, except between November 15th
and December 31st of each year, pay to the City Manager, the entire amount of
the assessment remaining unpald.
4. The Clerk shall forth with transmit a certified duplicate or
duplicates of these assessments to the Hennepin County Auditor to be extended
on the proper tax lists of the County, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Passed and adopted by the Council of the City of Hopkins,Minnesota,
this 18th day of September, 1984.
,
J. SCOTT RENNE,
City Clerk
JERRE A, MILLER,
City Attorney
ROBERT F. MILLER,
Mayor
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 84-3165
RESOLUTION ADOPTING ASSESSMENTS
WHEREAS, pursuant to proper notice published and given as required by law,
the City Council of the City of Hopkins has met and heard on September 18th,
1984, and passed upon all objections to the proposed assessments for the improve-
ment of certain streets, avenues and thoroughfares in the Clty of Hopkins, all
as more fully set forth and described in Exhibit A. attached to Resolution No.
84-3146 adopted the 7th day of August, 1984 and Resolution No. 84-3154 adopted
the 21st day of August, 1984, and
WHEREAS, each of said improvements as set forth in Exhibit A. hereto
attached, were presented and considered by said Council separately at said
meeting and each separately accepted and adopted by unanimous vote of said
Hopkins Council:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HOPKINS MINNESOTA,
as follows:
1. Such proposed assessments, a copy of WhlCh is attached hereto and
made a part hereof and hereby accepted and shall constitute the special assess-
ments against the lands therein named and each tract of land therein lncluded
is hereby found to be benefitted by the proposed improvement in the amount of
the assessment levied against it.
2. Such assessments shall be payable ln equal, annual installments
extending over the periods of years set forth in the Schedule of Assessments,
the first of the installments to be pald with the real estate taxes due and
payable in 1985. Any deferred installments shall bear interest at the rate
as set forth in sald Schedule of Assessments from the 1st day of October, 1984.
To the first installments shall be added interest on the entire respective
assessment from October 1st, 1984 until December 31st, 1985. To each subsequent
intallments, when due shall be added interest for one year on all unpaid
installments.
3. The owner of any property so assessed may at anytime after the adoption
of the assessments and before November 15th, pay the whole of the assessments
against any parcel to the City t1anager, and no interest shall be charged if the
entire assessment lS paid before November 15th. Also, the owner of the
~ property may at anytime thereafter, except between November 15th and December
31st of each year, pay to the City Manager, the entire amount of the assessment
remaining unpaid.
4. The Clerk shall forth with transmit a certified duplicate or duplicates
of these assessments to the Hennepin County Audltor to be extended on the proper
tax lists of the County, and such assessments shall be collected and paid over
in the same manner as other munlcipal taxes.
Passed and adopted by the Council of the City of Hopkins, Minnesota, this
18th day of September, 1984.
J. SCOTT RENNE,
City Clerk
ROBERT F. MILLER,
Mayor
JERRE A. MILLER,
City Attorney
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