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1979 RES
A RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF NEW HOPE, MINNESOTA GRANT APPLICATION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND C~MMUNITY DEVELOPMENT ACT OF 1974. WHEREAS, the City of New Hope, Minnesota has executed a joint powers agreement with Hennepin County thereby agreeing to participate in a Grant Application under the Urban County designation provided for in the Housing and Community Development Act of 1974, and WHEREAS, a grant application has been prepared requesting funds to undertake various community improvements to assist the low and moderate income familes, provide opportunities for the handicapped and to provide better security for the citizens, NOW, THEREFORE, BE IT RESOLVED that City Council, City of New Hope, Minnesota does hereby adopt the proposed Community Develop- ment Plan and Program and Housing Assistance Plan contained in the attached application for Federal assistance and authorizes submission of said application to Hennepin County as the Urban County Community Development Block Grant application. Adopted by the City Council of the City of New Hope, Minnesota at a regular meeting held January 8, 1979. ATTEST: .~~rk~T~easuii~'~Ma~c~.'~//`/ ' _~ _ JG:dn 12 22 78 rev:sp 12 26 78 CERTIFICATION OF MINUTES RELATING TO NEW HOPE HOUSINC~ AND REDEVELOPMENT AUTHORITY Issuer: City of New Hope, Minnesota Governing body: City Council Kind, date, time and place of meeting: a regular meeting, held January~ 8, 197 9, at7:00 o'clock P.M. in the City . Members present: ~rick$on~ ~nck~ Hokr, Otten~ Plufka Members absent: None Documents attached: Minutes of said meeting (pages): 1 through 5, including RESOLUTION NO. RESOLUTION RELATING TO ~W HOPE HOUSING AND REDEVELOP~!ENT AUTHORITY: APPROVING THE APPOIS~T~ENT OF COMMISSIOI~ERS THERrO~ I, the undersigned, bein~ the duly qualified and acting recording officer of the ~ublic corporation issuing the obligations ~.°eferr-ed to in the title of this certifi- cate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions sn~ other actions taken and of all documents approve~ by the governi~ body at said meeting, so far as they relate to said obli- gations; and that said meeting was duly held by the governing bod.y at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 15thday of 3~nuary ,~~ ~ (SEAL) Betty Pouliot , City Clerk Name and Title RESOLUTION RELATING TO NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITY; APPROVING THE APPOINTMENT OF COMMISSIONERS THEREOF BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City) as follows: Section 1. Authority. 1.01. Pursuant to the Municipal Housing and Redevelopment Act, Laws of 1947, Chapter 481, M.S.A. 462. 422 et seq. (the Act), there has been created in the City a public body corporate and politic, to be known as the Housing and Redevelopment Authority (the Authority). The Authority may not transact any business until this Council has by proper resolution found that in the City (1) substandard, slum, or deteriorated areas exist which cannot be redeveloped without government assistance, (2) adequate housing accom- modations are not available to veterans and servicemen and their families, or (3) there is a shortage of decent, safe and sanitary dwelling accommodations available to persons of low income and their families at rentals they can affort, and this Council has declared that there is a need for a housing and redevelop- ment authority to function in the City. In determining whether dwelling accommodations are unsafe or unsanitary, or whether substandard, slum, or deteriorated areas exist, this Council may take into consideration the degree of deterioration, obsolescence, or overcrowding, the percentage of land coverage, the light, air, space, and access available to inhabitants of such dwelling accommodations, the size and arrangement of rooms, the sanitary facilities, the extent to which conditions exist in such buildings which endangers life or property by fire or other causes, and the original land planning, lot layout, and conditions of title in the area. 1.02. This Council has by a resolution adopted December 12, 1977 entitled "Resolution Determining the Need For a Housing and Redevelopment Authority in the City of New Hope" (the Resolution), following a public hearing after public notice thereof was published in the official newspaper of the City once not less than ten days nor more than thirty days prior to the date of the public hearing, found that in the City (a) substandard or deteriorated areas exist which cannot be redeveloped without government assistance; (b) adequate housing accommodations are not available to veterans and servicemen and their families; and (c) there is a shortage of decent, safe, and sanitary dewelling accommodations available to person with Iow incomes and their families at rentals they can afford, and determined that there is a need for a housing and redevelopment authority to function in the City. Section 2...Appointment of Commissioners. 2.01. The Mayor has appointed the five members of this Council to serve as the five Commissioners of the Authority. The appointment of the Mayor of the five members of this Council is hereby approved. The terms of office of each of the Commissioners is set to coincide with his term of office as a member of this Council. Each Commissioner is hereby directed to file a Certificate of Appointment (the Certificates of Appointment) with the City Clerk. Section 3. Filings. The City Clerk is hereby authorized and directed to file a certified copy of the Resolution and a certified copy of each Certificate of Appointment with the State Housing Commission, together with such other information as the State Housing Commission shall require. Section 4. Public Hearing. A public hearing shall be held January 22, 1979 at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North, in New Hope, Minnesota, for the purpose of consideration of the Plan and the Project (the Public Hearing). Section 5. Notice. The Clerk is authorized and directed to publish in the New Hope-Plymouth Post a Notice of Public Hearing on the Plan and the Project not less than ten days nor more than thirty days prior to the date of the Public Hearing. Passed and adopted the 8th day of January, 1979. Attest: c-~jClerk-Tr easurer -2- Councilmember Plufka introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX-EXEMPT BONDS TO FINANCE A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT AND REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL (PROCESS DISPLAYS CO.) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota as follows: It is hereby found, determined and declared as follows: 1.1 The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent so far as possible emergence of blighted lands and areas of chronic unemployment, and the state has en- couraged local government units to prevent such economic deterioration. 1.2 Process Displays Co., a Minnesota corporation (hereinafter the Company) has requested the City to consider the issuance of tax-exempt bonds for a project consisting of the purchase of land in the City, and the construction thereof of a 125,000 square-foot printing and office facility. 1.3 Completion of the proposed project would add to the tax base of local taxing authorities, increase employment in the area, and add to the level of economic activity in the area. 1.4 The City has been advised by representatives of the Company that conventional, commercial financing to pay the capital cost of the project is available only on a limited basis and at such costs of borrowing that the economic feasibility of the project would be questionable, or the scope of the project to be undertaken at this time curtailed, but the Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the project, as proposed, is economically feasible. 1.5 The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance projects consisting of properties used and useful in connection with a revenue-producing enterprise, such as that of the Company, and the Company has informed the City that the issuance of such bonds by the City in this case would be a substantial inducement to the Company to undertake the proposed project. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its tax-exempt bonds under the provisions of Chapter 474 to finance the project of the Company at a cost presently estimated to require issuance of bonds in the principal sum of $2,750,000. The City reserves the right, however, to make a final judgment until requested additional financial data has been received from the Company, and such further information as deemed necessary by the City. 3. The project above referred to is hereby given preliminary ap- proval by the City, subject to approval of the project by the Commissioner of Securities and to the mutual agreement of this body, the Company and the initial purchaser of the bonds as to the details of the issue and provisions for their payment. The Mayor and City Manager are hereby authorized to execute a Memorandum of Agreement with the Company, substantially in the form heretofore presented and reviewed by the City Attorney, setting forth the pre- liminary understandings of the parties with respect to the issuance of the bonds. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City, except the project, and each bond, when, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the rentals or other payments received from the Company and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. In anticipation of the approval by the Commissioner of Securities and the issuance of the bonds to finance the project, and in order that com- pletion of the project will not be unduly delayed when approved, the Company is hereby authorized to make such expenditures and advances toward payment of costs of the project as it considers necessary, subject to reimbursement from the proceeds of the bonds when delivered but otherwise without liability on the part of the City. Dated the 8th day of January, 1979. ~ayor Attest: ~~~ ' '-'~ Clerk The motion for adoption of the above resolution was duly seconded by Councilmember Enck, and upon vote being taken, the following voted in favor: Erickson, Enck, Hokr, Otten, Plufka and the following were opposed: none whereupon the resolution was declared duly adopted and was signed by the Mayor and attested by the City Clerk. MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, dated as of January 8, 1979, between the City of New Hope, Minnesota (the "City"), and Process Displays Co. (the "Company"), provides as follows: 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following: (a) the City is authorized and empowered by the provisions of Minnesota Statutes, Chapter 474, as amended (the "Act"), to issue revenue bonds, the proceeds of which may be used to purchase or construct, equip and furnish buildings and acquire sites therefor for commercial, industrial or manufacturing facilities. (b) the Company has proposed that the City, pursuant to the Act, issue its tax-exempt revenue bonds to defray the costs to be incurred in connection with the acquisition of land in the City and construction thereof of a 125,000 square-foot printing and office facility (the "Project"), and that the City and the Company enter into a lease- purchase or loan agreement (the "Revenue Agreement") satisfying the requirements of the Act. (c) the Company wishes to obtain satisfactory assurance from the City that the proceeds of the sale of the bonds of the City will be made available to finance the costs of the Project. (d) subject to due compliance with all requirements of law, the City, by virtue of such statutory authority as may now or hereafter be conferred by the Act, will issue and sell its tax-exempt bonds in an amount not exceeding $2,750,000 (the "Bonds") to pay the costs of the Project if the City concludes in its sole and independent judgment that the proposed financing is in the best interests of the City and the entire proposal is feasible, after further study and analysis. (e) the Bonds shall be limited obligations of the City and the principal of and interest on the Bonds shall be payable solely out of the payments to be made to the City by the Company pursuant to the provisions of the Revenue Agreement. 2. Undertakings on the Part of the City. Subject to the conditions stated in (d) of paragraph i hereof, the City agrees as follows: (a) that it will authorize the issuance and sale of the Bonds, pursuant to the terms of the Act as then in force, provided the terms and conditions of all further documents in the proceedings are satis- factory to it. (b) that, if it issues and sells the Bonds, it will, as requested by the Company, enter into the Revenue Agreement with the Company. The payments under the Revenue Agreement will be sufficient to pay the principal and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. -2- 3. Undertakings oxl the Part of the Company. The Company agrees as follows: (a) that it will use all reasonable efforts to find one or more purchasers for the Bonds. (b) that contemporaneously with the delivery of the Bonds the Company will enter into the Revenue Agreement with the City under the terms of which the Company will provide security to the City for payment of sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (c) that at such time as the Bonds are sold and delivered to the purchaser thereof, the Company will reimburse the City for all reasonable and necessary expenses, including fees and expenses of the City Attorney, City financial consultants and bond counsel, in- curred by the City in connection with the authorization, sale and delivery of the Bonds. 4. General Provisions. (a) all commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that within twelve (12) months from the date hereof (or such other date as shall be mutually satisfactory to the City and the Company, the City and the Company shall have agreed to mutually acceptable -3- terms and conditions of the Revenue Agreement, the Bonds and of the other instruments and proceedings relating to the Bonds. (b) if the events set forth in (a) of this paragraph do not take place within the time set forth or any extension thereof and the Bonds are not sold within such time, the Company agrees that it will re- imburse the City for all reasonable and necessary direct out-of-pocket expenses, including fees and expenses of the City Attorney, City financial consultants and bond counsel, which the City may incur at the Company's request arising from the execution of this Agreement and the performance by the City of its obligations hereunder, and this Agreement shall thereupon terminate. IN WITNESS WHEREOF, the parties hereto have entered into this Agree- ment by their officers thereunto duly authorized as of the date first above written. CITY OF NEW HOPE, MINNESOTA / - s- ~ ~ity M~anager PROCESS DISPLAYS CO. /,//~S'-" Vice President (SEAL) Its' S~Cretar¥ -- 4 -- RESOLUTION APPOINTING CITY ENGINEER FOR SEWER, WATER, STREET, STORM SEWER AND GENERAL WORK BE IT RESOLVED, that the firm of Bonestroo, Rosene, Anderlik and Associates, Inc. is hereby designated to serve as the City Engineer for sanitary sewer, municipal water, streets, storm sewers and other general work for the City of New Hope, Minnesota during the year 1979, and BE IT FURTHER RESOLVED that payment for services shall be as set forth in the contract dated January 1, 1974 and 1977 Rate Schedule transmitted to the City on Seotember 2, 1977. Adopted by the Council on this 8th day of January, 1979. ~ ~--~~LTreas urer RESOLUTION DESIGNATING OFFICIAL NEWSPAPER FOR THE CITY OF NEW HOPE BE IT RESOLVED, by the City Council of the City of New Hope, Minnesota, as follows: The New Hope-Plymouth Post is hereby designated as the official newspaper for the City of New Hope for the year 1979. Adopted by the Council this 8th day of January, 1979. ATTEST;~ ~--~l~JkDTroaSurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF NEW HOPE ) I, the undersigned, being the duly qualified and acting City Clerk-Treasurer of the City of New Hope hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the Council of the City of New Hope at its meeting on January 8, 1979 as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in my office. Dated this 8th day of January, 1979. /? CORPORATE AUTHORIZATION RESOLUTION DESIGNATING NEW HOPE STATE BANK AS DEPOSITORY FOR PAYROLL ACCOUNT AND GENERAL FUNDS OF THE CITY OF NEW HOPE BE IT RESOLVED, that the New Hope State Bank is hereby designated as the depository for the City Payroll and General Fund Accounts, effective January 1, 1979. BE IT RESOLVED, that any of the below listed officers of this munici- pal corporation are authorized in the name and on behalf of the City of New Hope to open or cause to be opened or to continue or cause to be continued an account or accounts with said bank and to execute and deliver to said bank signature card or cards supplied by said bank containing said bank's usual customer agreement applicable to such account or accounts and the signatures of the officers or other persons hereinafter named and that any officer of this municipal corporation or any other persons hereinafter named is hereby authorized, for and on behalf of this corporation or otherwise, to endorse or cause to be endorsed, to negotiate or cause to be negotiated, or to deposit or cause to be deposited in such account or accounts any money, checks, drafts, orders, notes or other instruments payable to or held by this corporation; and BE IT RESOLVED, that checks, drafts or other withdrawal orders on funds deposited in such account or accounts may be signed by any three of the following: Edward J. Erickson, Mayor or Richard Plufka, Acting Mayor, plus Harlyn G. Larson, City Manager or Larry Watts, Finance Director and Betty Pouliot, City Treasurer or Donna M. Peavey, Deputy Treasurer and said bank is hereby fully authorized to pay and charge to such account or accounts, any checks, drafts, or other withdrawal orders so signed, whether or not payable to the individual order of any of the foregoing officers or persons or deposited or oth~ ed to his individual account or benefit, and that sig of tioned officers or persons shall be as follows: , Mayor or , Acting Mayor: plus , City Manager; or , Finance Director: and , City Treasurer or , Deputy Treasurer BE IT FURTHER RESOLVED, ~t said bank shall be entitled to rely upon a certified copy of this resolution until written notice of modification or rescission has been furnished and received a~a~ksaid bank. ATT E ST ~. ~-~-w__~9 ~ ~- Mayor b~erk-Treas urer ~--~._~-v-.~ ~ RESOLUTION DESIGNATING ADDITIOWAL DEPOSITORIES FOR FUNDS OF THE CITY OF WEW HOPE PERTAINING TO IWVESTMEWTS BE IT RESOLVED, that the following named financial in- stitutions are hereby designated as official depositories for purposes of investing City funds as authorized by State statutes: Twin City Federal 1st Federal 1st Robbinsdale Minnesota Federal 1st Wational of Minneapolis 1st National of St. Paul Guaranty State Midwest Federal Farmers and Mechanics 14errill Lynch, Pierce Fenner and Smith, Inc. Worthwestern National Crystal State Bank BE IT FURTHER RESOLVED that, prior to City deposits being made in any of the above named depositories, collateral in at least 110% of the amount on deposit or to be deposited shall be pledged to the City of New Hope. Adopted by the City Council this ~h day of January, 197 9. ' ~1 erk-Treas u rer RESOLUTION DESIGNA TING CITY POUND, POUNDKEEPER AND ANIMAL WARDEN WHEREAS Section 7.11 of the City Code provides that the City Council shall by annual resolution name the City Pound and the City Poundkeeper, and WHEREAS Section 7.13 of the City Code further provides that the Animal Warden shall also be named by annual resolution of the City Council, THEREFORE, be it resolved that Metropolitan Animal Patrol Services, Inc. ("MAPSI") with facilities located at 506 Eleventh Avenue North, Minneapolis, Minnesota is hereby named as the City Pound and as the Poundkeeper pursuant to Section 7.11 of the City Code. BE IT FURTHER RESOLVED that the City of New Hope Community Service officers are hereby named as the Animal Warden or Animal Warden Service, pursuant to Section 7.13 of the City Code. Adopted by the City Council this 8th day of January, 1979. ATTEST:~ RESOLUTION APPOINTING CITY VETERINARIAN BE IT RESOLVED, by the City Council of the City of New Hope, Minnesota that Dr, Randall Herman, of the New Hope Animal Hospital is designated as the City of New Hope Veterinarian for the year 1979. Adopted by the Council this 8th day of January, 1979. Mayor ATTEST: ~~-~ ~ ' C~/-Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF NEW HOPE ) I, the undersigned, being the duly qualified and act- ing Clerk-Treasurer of the City of New Hope hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the Council of the City of New Hope at its meeting on January 8th, 1979 as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in my office. Dated this 8th day of January 1979. ~ 'Work_Treasurer RESOLUTION APPOINTING CITY ATTORNEY BE IT RESOLVED, that the firm of Corrick and Wood Chartered is hereby designated to serve as the legal consultant for the City of New Hope, Minnesota during the year 1979, and That William Corrick of said firm shall be desig- nated as City Attorney and that John Wood of said firm shall be designated as Assistant City Attorney, and That said City Attorney shall be reimbursed for services rendered in accord with the minimum fee sche- dule of the Hennepin County Bar Association. Adopted this 8th day of January, 1979. y MaYor ATTEST:~ v !C~_Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF NEW HOPE ) I, the undersigned, being the duly qualified and acting City Clerk-Treasurer of the City of New Hope, hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the Council of the City of New Hope at its meeting on January 8, 1979, as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in my office. Dated this 8th day of January 1979. RESOLUTION DESIGNATING OFFICIAL COUNCIL REPRESENTATIVE ON THE CITY CIVIL DEFENSE BOARD BE IT RESOLVED, by the City Council of the City of New Hope, Minnesota as follows: Councilman W. Peter Enck is hereby designated as the Council Representative on the City of New Hope Civil Defense Board for the year 1979. Adopted by the Council this 8th day of January, 1979. y '~ayor ATTEST: ~~ STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF NEW HOPE ) I, the undersigned, being the duly qualified and acting Clerk-Treasurer of the City of New Hope, hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the Council of the City of New Hope at its meeting on January 8th, 1979 as the same is re- corded in the minutes of the meeting of such Council for said date, on file and of record in my office. Dated this 8th day of January, 1979. ~--~C~rk-Treasurer RESOLUTION APPOINTING ALTERNATE ~~R-TO ~r~q~l I~L ~', ,~ ~ "~ ,, ..... ", ...... ~~ BASSETT'S CREEK FLOOD CONTROL COMMISSION WHEREAS, the City of New Hope is a member of Bassett's Creek Flood Control Commission, and WHEREAS, on January 10, 1977, this Council did appoint Councilman W. Peter Enck to serve as its Commissioner and Mr. Don Murphy to serve as its alternate Commissioner with terms expiring February 1, 1980, and WHEREAS, Mr. Don Murphy has submitted his resignation as Alternate Commissioner, which resignation has been duly accepted, and WHEREAS, a vacancy consequently exists for the position of Alternate Commissioner for the City of New Hope, NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of New Hope does hereby appoint Councilman Richard Plufka as the Alternate Commissioner to Bassett's Creek Flood Control Commission for the City, with term expiring on February 1, 1980. The City Clerk-Treasurer is hereby directed to file with the Secretary of the Board of Commissioners of the Bassett's Creek Flood Control Commission a certified copy of this resolution to serve as official notice of appointment of the Alternate Commissioner. Adopted by the New Hope City Council this 8th day of January, 1979. .~ Edward~.-EYickson, Mayor ATTEST: Be"'t~t-~o-h~ibt, City' Clerk-Treasurer RESOLUTION ADOPTING TECHNICAL AND ENGINEERING ASSISTANCE AGREEMENT AND AUTHORIZING ENGINEER TO REQUEST ASSISTANCE BE IT RESOLVED, that pursuant to statutory authority, the Municipal Engineer for and on behalf of the City of New Hope, Minnesota is hereby authorized to request and obtain from the Minnesota Department of Transportation, needed engineering and technical services during the year of 1979, for which payment will be made by the municipality upon receipt of verified claims from the Commissioner of Transportation. This authority is to remain effective until recinded by either party. BE IT FURTHER RESOLVED, that the Mayor and City Manager of the City of New Hope are hereby authorized and directed to execute Mn/DOT 30780 (11/78) Technical and Engineering Assistance Agree- ment, which is hereby apDroved. Adopted this 9th day of January, 1979. ATTEST: ~~ ~-~l erk-Treasurer. RESOLUTION ESTABLISHING HOUSING AND REDEVELOPMENT AUTHORITY FUND AND AUTHORIZING TEMPORARY TRANSFER OF $2.,Q00. TO SA~D FUND WHEREAS, this Council did, on December 12, 1977, after public hearing as required by law, determine that there was a need for a Housing and Re- development Authority as authorized by MS 462.425, and WHEREAS, this Council did, on December 12, 1977 adopt Ordinance No. 77-24 which ordinance establishes certain requirements for the New Hope Housing and Redevelopment Authority, and WHEREAS, the five councilmembers have been duly appointed to serve as the five Commissioners of the Authority by the Mayor with said appointments approved by this Council by separate resolution of January 8, 1979, and WHEREAS, it is necessary for the New Hope HRA to have funds available to commence operation, NOW, THEREFORE BE IT RESOLVED that 1. There is hereby established a separate fund within the City financial records to be known as the Housing and Redevelop- ment Fund (HRA Fund) 2. That $2,000 be temporarily transferred from the Temporary Financing Fund to the HRA Fund to provide initial operating capital 3. That the City Clerk-Treasurer is hereby directed to transmit a copy of this resolution to the New Hope HRA for their records. Passed by the New Hope Council this 8th day of January, 1979. ~// ~.~c ~s 6~, Mayor ATTEST: B~~~ ;ett'~--~o~ot, City C'I erk-Treasurer RESOLUTION APPROVING LETTER OF CREDIT RE GETTYSBURG HILLS ASSESSMENTS AND RELEASING ESCROW AT THE THIRD NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS BE IT RESOLVED by the City Council of New Hope as follows: 1. A Letter of Credit in the amount of $105,330.47 has been furnished the City as collateral security for performance under the "Agreement to Substitute Developer and Security, Gettysburg Hills Addition". 2. This Council accepts said Letter of Credit and releases any and all claims to an escrow held by The Third Northwestern National Bank of Minneapolis under the terms of the Three Party Agreement dated September 13, 1976 among Donald K. Smith, Delores K. Smith, Donald E. Shaw, Marjorie Shaw, City of New Hope, and The Third Northwestern National Bank of Minneapolis. Adopted by the City Council this 8th day of January, 1979. E~'J. Erickson, Mayor Attest: ]3e~f~/$uliot, Clerk-Treasurer (Seal) A RESOLUTION PROTESTING USE OF PUBLIC MONEY FOR DOMED STADIUM WHEREAS~ a domed stadium is being planned for downtown Minneapolis, and WHEREAS, this stadium is to be constructed primarily for the use of various private businesses, and WHEREAS, members of various public and private concerns associated with the planning and proposed construction have promised that the financing of the stadium would be borne by the users of the stadium, and WHEREAS, the Minneapolis Star of January 8, 1979 carried a front page article stating the cost of various utility work needed to prepare the stadium site for development is to be passed on to the final customer of the utilities, rather than being borne by the stadium interests, and WHEREAS, the City of New Hope is concerned in general about such a financing plan and in particular is extremely concerned over the apparent plan to pass on the cost of relocating City of Minneapolis water lines to the suburban purchasers of City wa ter , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota that: 1. The officials of the utility companies involved re- consider the cost pass-on financing plan and insti- tute a substitute plan so that the stadium interests pay all costs. 2. The Minnesota Public Service Commission immediately review these plans and take steps as necessary to prevent the direct pass-on of these costs. 3. That the Minnesota Legislature immediately adopt legislation as necessary to protect the citizens of this state and the City of New Hope from the imposi- tion of additional personal expenses from these or any other activities associated with the development and construction of a domed stadium in downtown Minneapolis. Adopted this 8th day of January, 1979. Mayo/~B~ard J. E~iC~n ~t~P/U~ot ' Clerk-TrJa'suror RESOLUTION APPROVING MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT Mn/DOT 30774 WHEREAS, pursuant to M.S. 161.36, the City of New Hope desires the Commissioner of Transportation of the State of Minnesota to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys~ and WHEREAS, M.S. 161.36, Subdivision 2, requires that the terms and condition of the agency be set forth in an agreement; NOW, THEREFORE BE IT RESOLVED: 1. That Minnesota Department of Transportation Agency Agreement (Mn/DOT 30774 (Revised 11/78)) be and is hereby approved.~ and' 2. That pursuant to Section 161.36, Subdivision 1 throu§h 6, Minnesota Statutes, 1978, the Commisioner of Trans- portation be appointed as agent of the City of New Hope to let as its agent, contracts for the construction of portions of Municipal Streets, and the Mayor and the Manager are hereby authorized and directed for and on behalf of the City Council to execute and enter into a contract with the Commissioner of Transportation pre- scribing the terms and conditions of such contracts in the form as set forth and contained in "Minnesota Depart- ment of Transportation Agency Agreement Form No. 30774" a copy of which said form was before the Council, assuming on behalf of the City all of the obligations therein contained. Adopted this 22nd day of January, 1979.~-~-~-~.~.'~ ATT'EST Be~'oVt, 'C]6rk-rl~f6~asurer RESOLUTION OF PARTICIPATION IN MINNESOTA CITIES WEEK WHEREAS, February 26 through March 2 has been proclaimed as Minnesota Cities Week by the Governor of the State of Minnesota; and WHEREAS, city governments offer the best opportunity for most Minnesota citizens to take an active part in the political processes which so profoundly influence their lives; and WHEREAS, the recognition of the significance of city government by designation of a city government week will provide an opportunity to promote even greater citizen understanding and involvement; and WHEREAS, designation of a special week for recognition of city government will provide opportunities for greater understanding of the role of cities in relation to other units of local, regional and state government by governmental officers and employees; NOW THEREFORE IT IS HERBY RESOLVED, that the city council of New Hope officially recognizes Minnesota Cities Week and commits this city to such promotional and other city week activities as the council shall herewith and hereafter direct. BE IT FURTHER RESOLVED, that copies of this resolution be provided ~. ~ to Governor Albert H. Quie, the League of Minnesota Cities and the official newspaper as well as other local news media. Adopted by the city council of~the City of New Hope this 22nd day of Januarys 1979. RESOLUTION TRANSFERING FUNDS FROM LIQUOR FUND SURPLUS TO COVER DEFICITS IN ICE AREWA AND SWIMMING POOL OPERATING FUNDS WHEREAS, a working capital deficit balance of $16,352.62 exists in the Swimming Pool Operating Fund as of December 31, 1978, and WHEREAS, a working capital deficit balance of $3~771.47 ex~ ists in the Ice Arena Operating Fund as of Decem- ber 31, 1978, and WHEREAS~ the City Council has directed that interest earnings from the Liquor Fund be used to cover deficits in the Swimming Pool and Ice Arena Funds, and WHEREAS, interest earnings in the Liquor Fund were $22,155.00 in 1978, NOW, THEREFORE, BE IT RESOLVED that $20,125 be transferred from Liquor Fund surplus to the following funds: Ice Arena Operating $ 3,772.00 Swimming Pool Operating 16,353.00 Total $ 20,125.00 Adopted this 12th day of February, 1979. ATTEST ~~ ~~r~JTreasurer Member Plufka introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO A $2,205,000 INDUSTRIAL DEVELOPMENT REVENUE NOTE (FLS Properties Project); AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 BE IT RESOLVED by the City Council of the City of New Hope, M~nnesota as follows: Section 1. Definitions 1.10. In this Resolution the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof or use herein clearly requires otherwise: Act: the Minnesota Municipal Industrial Develop- ment Act, Minnesota Statutes, Chapter 474, as amended; Assignment: the Assignment of Rents and Leases, to be given by the Partnership in favor of the Lender; City: the City of New Hope, Minnesota, its suc- cessors and assigns; Financing Statement: the Uniform Commercial Code Financing statement to De executed by the City with respect to the Loan Agreement Assignment; Fixtures: those items defined as such in Section 1-1 of the Mortgage; Guaranty: the Guaranty Agreement to be executed by Michael Fiterman, Peter Simon, Carolyn Fiterman and David Lenzen in favor of the Lender; Improvements: the warehouse and office facility of 189,184 square feet located on the Land, together with all related facilities; Land: the real estate described in Exhibit A to the Mortgage; Lease: the Lease between the Partnership, as lesser a-~ Liberty-Shamrock, Inc., as lessee and all amendments thereto; Lender: the Farmers and Mechanics Savings Bank of MinneapoliS, in Minneapolis, Minnesota, its successors and assigns; Lessee: Liberty-Shamrock, Inc., its successors and assigns; Loa~ Agreement: the Loan Agreement to be executed by the City and t~ Partnership; Loan Agreemen~ Assignment: the Assignment of Loan Agreement, to be given by the City in favor of the Lender; Mortgage: the Combination Mortgage and Security Agreement, to be given by the Partnership in favor of the Lender; Note: the $2,205,000 Industrial Development Revenue-----~ote (FLS Properties Project) to be issued by the City pursuant to this Resolution; Partnership: FLS Properties, a Minnesota general partnership, its successors and assigns; Project: the Land, the Improvements, the Remodeling and the Fixtures as they may at any time exist; Project Costs: those costs defined as such in Section 1.01 of the Loan Agreement; Remodeling: the modifications and additions to the Improvements to be made pursuant to the Loan Agree- ment, consisting of (a) changing the front dock doors to a standard width of 8', and (b) a 15' x 160' addition to the east end of the Improvements, including twelve dock doors; Resolution: this resolution of the City, adopted February 12, 1979, authorizing the issuance of the Note. Section 2. Findi~. It is hereby found and de- clared that: (a) the real property and improvements described in the Loan Agreement and the Mortgage constitute a Pro- ject authorized by the Act; -2- (b) the purpose of the Project is, and the effect thereof will be to promote the public welfare by the at- traction, encouragement and development of economically sound industry and commerce so as to prevent the emer- gence of or to rehabilitate, so far as possible, blighted and marginal lands and areas of chronic unem- ployment; the retention of industry to use the avail- able resources of the community in order to retain the benefit of its existing investment in educational and public service facilities; halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; (c) the Project has been approved by the Commis- sioner of Securities of the State of Minnesota as tend- ing to further the purposes and policies of the Act; (d) the financing of the Project, the issuance and sale of the Note, the execution and delivery of the Loan Agreement, the Financing Statement and the Loan Agreement Assignment and the performance of all cove- nants and agreements of the City contained in the Loan Agreement and the Loan Agreement Assignment~and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Note, the Loan Agreement, the Financing Statement and the Loan Agreement Assignment valid and binding obligations of the City enforceable in accordance with their terms, are authorized by the Act; (e) it is desirable that the Industrial Develop- ment Revenue Note in the amount of up to $2,205,000 be issued by the City upon the terms set forth herein, and that the City assign its interest in the Loan Agreement and grant a security interest therein to the Lender as security for the payment of the principal of, interest on and premium and late charges, if any, on the Note; (f) the loan payments contained in the Loan Agree- ment are fixed, and required to be revised from time to time as necessary, so as to produce income and revenue sufficient to provide for prompt payment of principal of, premium and late charges, if any, and interest on the Note issued under this Resolution when due, and the Loan Agreement also provides that the Partnership is required to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate insurance thereon and all taxes -3- and special assessments levied upon or with respect to the Project payable during the term of the Loan Agreement; and (g) under the provisions of Minnesota Statutes, Section 474.10, and as to be provided in the Note, the Note is not to be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof; the City is not subject to any liability thereon; no Holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest or premium or late charges, if any, thereon, nor to enforce payment thereof against any property of the City except the Project, or portions thereof, mortgaged or otherwise encumbered by the Mortgage and the Assignment; the Note issued hereunder shall recite that the Note, including interest and premium and late charges, if any, thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment thereof; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statuto[y limitation; provided, however, that nothing contained in this paragraph (g) shall impair the rights of the Holder or Holders of the Note to enforce covehants made for the security thereof as provided in Minnesota Statutes, Section 474.11. Section 3. Authorization and Sale 3.01. Authorization. The City is authorized by the Act to issue revenue bonds and loan the proceeds thereof to business enterprises to finance the acquisition and con- struction of "projects" as defined in the Act, and to make all contracts, execute all instruments and do all things necessary or convenient in the exercise of such authority. 3.02. PreliminarY CitY Approval. By preliminary resolution duly adopted by the Council'on December 26, 1978, this Council approved the sale of its revenue bonds pursuant to the Act and the loan of the proceeds to the Partnership for the acquisition and improvement of the Project suitable for use as an office and warehouse facility and authorized the preparation of such documents as may be appropriate to the Project. 3.03. Approval of Documents. Pursuant to the above, there have been prepared and presented to this Coun- cil copies of the following documents, all of which are now, or shall be, placed on file in the office of the City Clerk: -4- (a) the Loan Agreement; (b) the Assignment; (c) the Loan Agreement Assignment; (d) the Mortgage; (e) the Guaranty Agreement; (f) the Lease; and (g) the Financing Statement. The forms of the documents listed in (a) through (g) above are approved, with such variations, insertions and additions as are deemed appropriate by the parties and approved by the City Attorney and City Manager. Section 4. Execution of Documents. Upon the completion of the Loan Agreement, the Financing Statement and the Loan Agreement Assignment, approved in Section 3.03 hereof, and execution of the Loan Agreement and Loan Agree- ment Assignment by the Partnership and the Lender, as the case may be, the Mayor and the City Manager shall execute the same on behalf of the City and shall execute the Note in substantially the form as the Form of Note set forth following Section 5.01 hereof on behalf of the City, and shall execute such other certifications, documents or instruments as bond counsel or counsel for the Lender shall require, subject to the approval of the City Attorney, and all certifications, recitals and representations therein shall constitute the certificates, recitals and representa- tions of the City. Execution of any instrument or document by one or more appropriate officers of the City shall constitute and be deemed the conclusive evidence of the approval and authorization by the City and the Council of the instrument or document so executed. In the absence or disability of the Mayor, any of the documents authorized by this resolution to be executed, shall be executed by the acting Mayor, and in the absence of the City Manager by such officer of the City who, in the opinion of the City Attorney, may execute such documents. Section 5. The Note. 5.01. Form and Authorized Amount. The Note shall be issued substantially in ~h~' form hereinafter set forth, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions of this Section, in the total principal amount of up to $2,205,000: -5- FORM OF NOTE ¥/ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE Industrial Development Revenue Note (FLS Properties Project) R-1 $2,205,000 The City of New Hope, Minnesota, a municipal cor- poration of the State of Minnesota (the City), for value re- ceived, hereby promises to pay to the order of THE FARMERS AND MECHANICS SAVINGS BANK OF MINNEAPOLIS, or assigns (the Holder), at its principal office in Minneapolis, Minnesota, or at such other place as the Holder may designate in writ- ing, from the source and in the manner, and with interest thereon as hereinafter provided, the principal sum of TWO MILLION TWO HUNDRED AND FIVE THOUSAND DOLLARS ($2,205,000), or so much thereof as has been advanced from time to time pursuant to the provisions of the Loan Agreement described below, with interest on the unpaid principal amount, from the date hereof until this Note is fully paid, at the rate of eight and one-eighth percent (8-1/8%) per annum, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America. This Note is payable in installments due on the first day of each month as follows: (a) on March 1, 1979, an amount equal to the interest accrued monthly on the outstanding principal of this Note; and (b) commencing on April 1, 1979 and on the first day of each month thereafter to and including March 1, 2004, in equal monthly installments of Seventeen Thousand Two Hundred Eighteen and no/100ths Dollars ($17,218.00) each. [All payments to be applied first to interest and then to principal.] All interest hereon shall be computed on the assumptions that each month contains thirty (30) days and each year three hundred sixty (360) days, except that prior to March 1, 1979, the payment required hereunder shall be made on the basis of actual days elapsed in a three hundred sixty (360) day year. Notwithstanding the foregoing, in the event that the interest on this Note becomes subject to federal or State of Minnesota income taxation pursuant to a -6- Determination of Taxability as defined in the Loan Agreement of even date herewith (the Loan Agreement) between the City and FLS Properties (the Partnership), the interest rate on this Note shall be increased to ten percent (10%) per annum from the Date of Taxability as defined in the Loan Agree- ment, in which case the monthly installment payments here- under from and after such Date of Taxability shall be computed at such increased rate and the City shall pay to the Holder of this Note and to any prior Holder the aggregate difference between (A) the amounts actually paid between the Date of Taxability and the date of such payment and (B) the amounts that would have been paid during such period at such increased interest rate. In the event the City shall fail to make when due any interest payments or principal and interest payments required under this Note, the interest payment or principal and interet payment so in default shall continue as an obligation of the City until the interest payment or principal and interest payment in default shall have been fully paid, and, if such interest payment or principal and interest payment should be so in default for fifteen (15) days the City agrees to pay, as a late charge, an additional amount equal to four percent (4%) of the amount so in default. Such late charges shall be payable upon demand. This Note is prepayable at any time, in whole but not in part, at the option of the City, upon a Determination of Taxability. In such event, the City shall notify the Holder of this Note, not less than ninety days after the Determination of Taxability, of its intention to prepay this Note and shall prepay this Note within thirty days after such notice at a price equal to (a) the outstanding principal balance hereof, plus (b) accrued interest, plus (c) an amount equal to the aggregate difference between (i) the amounts actually paid between the Date of Taxability and the date of such prepayment and (ii) the amounts that would have been paid during such period at the increased interest rate described in the second preceeding paragraph. The principal of this Note is not otherwise subject to prepayment prior to the expiration of the eighth loan year except that part or all of the outstanding principal hereof may be prepaid during such period, at a price equal to the principal being so prepaid plus accrued interest plus a premium equal to five percent (5%) of the principal being so prepaid, in the event of (a) the death of a general partner of the Partnership, (b) the voluntary or involuntary termination of employment by Liberty-Shamrock, Inc. (Liberty) or its affiliates of a general partner of the Partnership who is employed by Liberty or any of its -7- affiliates on the date hereof, (c) the purchase of any shares of Liberty by Liberty or its stockholders now or hereinafter owned by a general partner of the Partnership pursuant to that certain Stock Restriction Transfer Agree- ment dated , as now in effect or hereafter amended or modified. From and after the expiration of the eighth loan year, the principal of this Note may be prepaid at any time, either in whole or in part, on any monthly installment payment date upon payment of a price equal to the principal being so prepaid plus accrued interest to the date of prepayment and subject to a premium expressed as a percentage of the principal being so prepaid as follows: Loan Year Premium 9th 5% 10th 4-1/2% llth 4% 12th 3-1/2% 13th 3% 14th 2-1/2% 15th 2% 16th 1-1/2% 17th and thereafter 1% The first loan year is defined as the twelve-month (12) period commencing March 1, 1979. Subsequent loan years shall run consecutively, each commencing upon the anniver- sary of the commencement of the first loan year. Any prepay- ments shall be made on at least thirty (30) days' advance written notice to the Holder of this Note and shall not suspend or reduce required installment payments. All prepay- ments, after deduction of accrued interest and prepayment premium, shall be applied to reduce the principal balance of this Note. The Holder hereof shall have the right to declare due and payable and require the full and prompt payment of the principal amount then outstanding on this Note with interest thereon to the date of payment at the end of the fifteenth loan year. In the event the Holder exercises this right, the payment by the City shall not be subject to any prepayment premium or penalty. In the event the Holder shall elect to exercise this right, it shall provide written notice thereof to the City and the Partnership, in the man- ner and at the addresses provided in the Loan Agreement, not less than twelve months prior to the date the principal amount with interest thereon is to be due and payable to such declaration. -8- This Note constitutes an issue in the total authorized face amount of $2,205,000. This Note is issued by the City pursuant to the authority granted by Minnesota Statutes, Chapter 474, as amended (the Act), for the purpose of providing funds for a Project, as defined in Minnesota Statutes, Section 474.02, Subdivision 1, consisting of certain real estate and improvements thereon, and paying necessary expenses incidental thereto, such funds to be loaned by the City to the Partnership pursuant to a Resolution adopted by the City on February 12, 1979 (the Resolution) and the Loan Agreement, thereby assisting activities in the public interest and for the public welfare of the City. This Note is secured by an Assignment of Loan Agreement of even date herewith (the Loan Agreement Assign- ment) between the City and the Holder, a Combination Mort- gage and Security Agreement of even date herewith (the Mortgage) given by the Partnership in favor of the Holder, an Assignment of Rents and Leases of even date herewith (the Assignment) given by the Partnership in favor of the Holder, and a Guaranty Agreement dated , 1979 (the Guaran- ty) from Michael Fiterman, Peter Simon, Carolyn Fiterman and David Lenzen, as guarantors to the Holder. As provided in the Resolution and subject to cer- tain limitations set forth therein, and any applicable law, the City will, upon request of the Holder, register this Note upon its books. Prior to any such registration, this Note is transferable upon the books of the City at the office of the City Clerk, by the Holder hereof in person or by its attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Holder or its duly authorized attorney. Upon such transfer the City Clerk will note the date of registration and the name and address of the new Holder upon the books of the City and in the registration blank appearing below. Alternatively, the City will at the request of the Holder issue new notes in an aggregate principal amount equal to the unpaid principal balance of this Note, and of like tenor except as to number, principal amount and the amount of the monthly installments payable thereunder, and registered in the name of the registered Holder or such transferee as may be designated by the Holder. The City may deem and treat the person in whose name this Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance, redemption price, late charges or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of -9- the sum or sums so paid, and the City shall not be affected by any notice to the contrary. All of the agreements, conditions, covenants, pro- visions and stipulations contained in the Resolution, the Loan Agreement and the Loan Agreement Assignment are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth here- in. If the City should fail to make any monthly installment of interest or principal and interest when due, which failure shall continue for five (5) days, or if an Event of Default occurs under the Loan Agreement, the Mortgage, the Assignment or the Guaranty, then the Holder may at its right and option, by written notice to the City and the Partner- ship, declare immediately due and payable the principal balance of this Note and interest accrued thereon to the date of declaration of such default, together with any attorney's fees incurred by the Holder in collecting or enforcing payment thereof, whether suit be brought or not, and all other sums due hereunder or under the Loan Agreement, the Mortgage, the Assignment or the Guaranty. The Holder may extend the time of payment of interest or principal of this Note, without notice to or consent of any party liable hereon, and without releasing any such party. This Note shall not be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No Holder or Holders of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest or any late charges or premium thereon, nor to enforce payment thereof against any property of the City except the Project, or portions thereof, mortgaged or other- wise encumbered by the Mortgage and the Assignment. This Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the Project, or portions thereof, mortgaged or otherwise encumbered by the Mortgage and the Assignment. This Note, including interest and any premium or late charges thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment thereon. This Note shall not consti- tute a debt of the City within the meaning of any constitu- tional or statutory limitation. However, nothing contained in this paragraph shall impair the rights of the Holder or Holders of this Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474.11. The Holder shall not be deemed, by any act of omis- sion or commission, to have waived any of its rights or reme- -10- dies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with' reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. IT IS HEREBY CERTIFIED AND RECITED that all condi- tions, acts and things required to exist, happen, and be per- formed precedent to or in the'issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City has caused this Note to be duly executed by its duly authorized officers and its corporate seal affixed all as of the . . day of February, 1979. CITY OF NEW HOPE, MINNESOTA By Mayor (SEAL) Attest: City Manager -11- PROVISIONS AS TO REGISTRATION The ownership of the unpaid principal balance of this Note and the interest accruing thereon is registered on the books of the City of New Hope in the name of the regis- tered holder last noted below. Date of Name and Address of Signature of Registration R~,~istered Holder Cit~,Ma~a~e~ -12- 5.02. Note Terms. The Note shall be designated the Industrial Development Revenue Note (FLS Properties Pro- ject), and shall: (a) be dated as of the date of delivery thereof to the Lender; (b) be in the total principal amount of $2,205,000 or such lesser amount as may from time to time be advanced under the Loan Agreement; (c) bear interest on the unpaid principal balance advanced from time to time from date of issue until paid or discharged as herein provided at the rate of eight and one-eighth (8-1/8%) per annum, except that in the event the interest on the Note becomes subject to federal or state income taxation pursuant to a "Determi- nation of Taxability" as defined in the Loan Agreement, the interest rate on the Note shall be increased to ten percent (10%) per annum from the Date of Taxability, as defined in the Loan Agreement, all as provided in the Loan Agreement and in the Form of Note following Section 5.01 hereof. .(d) be payable in installments on the first day of each month as follows: (1) on March 1, 1979, an amount equal to interest accrued monthly on the principal balance of the Note; (2) commencing on April 1, 1979 and the first day of each month thereafter to and includ- ing March 1, 2004, in equal monthly installments of Seventeen Thousand Two Hundred Eighteen and no/100ths Dollars ($17,218.00) each. [All pay- ments to be applied first to interest and then to principal.] (e) be payable as to both principal and interest to the registered Holder thereof at the principal office of the holder for the account of the City; (f) be subject to the rights of the Holder or Holders to call the Note for prepayment upon the occurrence of certain events, as set forth in the Form of Note following Section 5.01 hereof; (g) be subject to prepayment at the times, upon the conditions and at the prices as provided in the Form of Note following Section 5.01 hereof; -13- (h) be subject to late charges of 4% upon any interest or principal and interest installment remaining unpaid for 15 days. 5.03. Execution. The Note shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, and shall be sealed with its corporate seal. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. 5.04. Mutilated, Lost and Destroye~ Note. In case the Note shall become mutilated or be destroyed or lost, the City shall cause to be executed and delivered a new Note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Holder's paying the reason- able expenses and charges of the City in connection there- with, and in case the Note is destroyed or lost, its filing with the City evidence satisfactory to it. 5.05. ~gistration of Transfer. The City will, upon the request of the Holder, register the Note upon its books. Prior to any such registration, the Note shall be transferable upon the books of the City by the Holder there- of in person or by its attorney duly authorized in writing, upon surrender of the Note together with a written instru- ment of transfer satisfactory to the City Manager, duly exe- cuted by the Holder or its duly authorized attorney. Upon such transfer the City Manager shall note the date of regis- tration and the name and address of the new Holder on the books of the City and in the registration blank appearing on the Note. Alternatively, the City shall, at the request and expense of the Holder, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, prin- cipal amount and the amount of the monthly installments payable thereunder, and registered in the name of the Holder or such transferee as may be designated by the Holder. The City may deem and treat the person in whose name each Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner there- of, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance, prepay- ment price or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the lia- bility upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. -14- 5.06. Delivery and Use of Proceeds. Prior to de- livery of the Note, the documents referred to below shall be completed and executed in form and substance as approved by the City Attorney. The City shall execute and deliver to the Lender the Note in the total principal amount of up to $2,205,000, together with the following: (a) a duly certified copy of this Resolution; (b) original, executed counterparts of the Loan Agreement, Financing Statement and the Loan Agreement Assignment; and (c) such closing certificates, opinions and related documents as are required by bond counsel. Upon delivery of the Note and the above items to the Lender, the Lender shall, on behalf of the City, dis- burse to the Partnership the proceeds of the Note in reim- bursement of Project Costs pursuant to the provisions of the Loan Agreement, and the proceeds so disbursed shall be deemed to have been disbursed for the benefit of the City. The Lender and the Partnership shall provide the City with a full accounting of all funds disbursed for Project Costs. Section 6. Limitations of the C~y's Obligations. Notwithstanding anything contained in the Note, the Loan Agreement, the Loan Agreement Assignment, or any other docu- ments referred to in Section 3.03, the Note shall not be pay- able from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No Holder or Holders of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest or any premium or late charges thereon, nor to enforce payment thereof against any property of the City except the Project, or portions there- of, mortgaged or otherwise encumbered by the Mortgage and the Assignment. The Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property or the City, except the Project, or portions thereof, mortgaged or otherwise encumbered by the Mortgage and the Assignment. The Note, including interest, premium and late charges, if any, thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment thereof. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. However, nothing contined in this Section 6 shall impair the rights of the Holder or Holders of the Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474.11. -15- Adopted: February 12, 1979. Attest: ~~.' it~~~/Vl~ '''~ ' · ~ 'C~ y Manag'Jr The motion for the adoption of the foregoing resolution was duly seconded by Member Enck , and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Hokr, Otten, Plufka and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. -16- A RESOLUTION REQUESTING ASSISTANCE IN COWDUCTING AIRBORNE INFRARED SURVEY WHEREAS, the City of New Hope has a major concern for the conser- vation of energy and has been attempting to find and im- plement methods for reducing energy use, and WHEREAS, the loss of energy used in the heating of residential, commercial and industrial structures appears to be one of the major energy loss areas and WHEREAS, it is necessary to identify the structures with heat loss problems, and WHEREAS, the only feasible method for conducting a city-wide survey to determine such heat loss is by the use of an airborne infrared survey, and WHEREAS, the City of New Hope desires to obtain assistance in con- ducting such a survey, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope that: 1) The State Energy Agency be requested to make funds available to the City from State or Federal funding sources or to include the City in an area-wide air- borne survey, 2) The results of a survey will be distributed to the homeowners of structures having heat loss problems as shown by the survey. 3) The City will encourage the owners of such structures to correct the heat loss problems and will provide funding to assist in meeting the financial require- ments of such correction for low and moderate income persons. BE IT FURTHER RESOLVED, that the City Manager is hereby directed and instructed to send a copy of this resolution to the Energy Agency as a request for assistance. Adopted this 12th day of February, 1979. ATTEST ~ -- ~-Treasurer RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. 326 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the construction of Street Improvement No. 326 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 10:00 o'clock A.M. on the 19th day of January, 1979, as heretofore authorized by this Council. 2. That advertisement for bids for the construction of said improve- ment was published in the New Hope-Plymouth Post, the official newspaper of the City, on the 28th day of December, 1978 and the 4th day of January, 1979, and in the Construction Bulletin on the 22nd and 29th days of December, 1978 and the 5th day of January, 1979. 3. It is hereby found and determined by this Council that the bid of W.' & G. Rehbein Bros. Inc. for the construction of said project in the amount of $249,387.50 is the lowest responsible bid submitted for the con- struction of said improvement; that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have recommended to this Council the said low bid for the award of the contract for the construction of the improvement· 4. The City Manager of Crystal, Minnesota has informed the New Hope City Manager orally that the City of Crystal has approved both the plans and specifications and the bids received by New Hope, pursuant to Section 1.02 of the Joint and Cooperative Agreement between New Hope and Crystal approved as of this date by New Hope, and previously approved by Crystal, and this Council does hereby award the contract for the con- struction to the designated lowest responsible bidder· 5. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the Council this 16th day of February, 1979. · J. Eriekson, Mayor Attest: ~~r -~ --~ ' - easurer (Seal) CERTI. FICATiON Q3-~-iINU?ES RELATING TO COMMERCIAL DEVFAPMENT REVENUE NOTES ~_~ · ,' (Rosewood Corporation Project) f r-~-ver- City of New Hope, Minnesota C.gv~rning Body: City Council Kind, de. kc, time and place of meetinq: A meeting held on Monday , February 26, 1979, at 7:00-o'clock P.M. at the City Hall. ~=~-~- Erickson~ Enck~ Hokr~ 0tten~ Plufka Members absent: None Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO VARIOUS PROJECTS UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT AND REFERRING THE PROPOSALS TO THE COMMISSIONER OF SECURITIES FOR APPROVAL (ROSEWOOD VARIOUS) I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds re- ferred to in the title of this certificate, certify that the docu- ments attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said doc'~ments are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct -ind complete copies of all resolutions and other actions taken and of all docu- ments approved by the governing body at said meeting, so far as they relate to said bonds; and that said meetin¢~ was duly held by the governing body at the time and place and was attended through- out by the mem?oers indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS mI, hand officially as such recording officer this _. 26th day of February , 19 79. Mrs. Betty Pouliot, City Clerk Name and Title { :'-~ ~ '-.~ ~. -..~-. Councilmember Plufka introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO VARIOUS PROJECTS UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT AND REFERRING THE PROPOSALS TO THE COMMISSIONER OF SECURITIES FOR APPROVAL (ROSEWOOD VARIOUS) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City) as follows: 1.1 The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts, the development of industry and commerce to use available resources of the community in order to retain the benefit of its existing investment in educational and public service facilities, and the more intensive development of land avail- able in the area to provide an adequate tax base to finance the increase in the amount and cost of governmental services provided by the City, the County and the School District in which the City is located. 1.2 Rosewood Corporation, a Minnesota corporation (the Company) is considering the following Projects in the community: Estimated Date Estimated Estimated of Commencement Completion Projects Cost of Construction Date 50,000 square foot $ 900,000 office-warehouse facility 30,000 square foot 650,000 office-warehouse facility 40,000 square foot 1,800,000 office-warehouse facility 30,000 square foot 650,000 office-warehouse facility The Projects will be owned by the Company, or by partnerships or other entities created by the principals of the Company for such purpose. 1.3 The existence of the Projects would add to the tax base of the City, Hennepin County and the school district in which the City is located and would provide increased opportunities for employment for residents of the City and surrounding area. 1.4 This Council has been advised by a representative of the Company that with the aid of municipal borrowing, and its resulting low borrowing cost, the economic feasibility of undertaking the Projects is significantly improved. 1.5 This Council has also been advised by a repre- sentative of Juran & Moody, Inc., of St. Paul, Minnesota, invest- ment bankers and dealers in municipal bonds, that on the basis of information submitted to them and their discussions with representatives of the Company and potential buyers of tax- exempt obligations, one or more mortgage revenue notes of the City could be issued and sold upon favorable rates and terms to finance the Projects. 1.6 The City is authorized by Minnesota Statutes, Chapter 474, as amended (the Act), to issue its revenue bonds or notes to finance capital projects consisting of properties used and useful in connection with a revenue-producing enter- prise, such as that of the Company, and the issuance of such notes by the City would be a substantial inducement to the Company to construct the Projects. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue one or more mortgage revenue notes under the pro- visions of the Act to finance the costs of the Projects which are presently estimated to be as set forth in paragraph 1.2. The Projects may be financed collectively or individually, as the Company and City may mutually determine. 3. The Projects are hereby given preliminary approval by the City and the issuance of notes therefor approved, subject to the approval of the Projects by the Commissioner of Securities and to the mutual agreement of this Council, the Company and the initial purchasers of the notes as to the details of the notes and provisions for their payment. In all events, it is understood, however, that the notes of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Projects, and any note, when, as and if issued, shall recite in substance that the note, including interest thereon, is payable solely from the revenues received from the applicable Project and property pledged to the payment thereof, and shall not constitute a debt of the City. The adoption of this Resolution does not constitute a guarantee or a firm commitment that the City will issue the notes as requested by the Company. The. City retains the right in its sole discretion to withdraw from participation at any time, and accordingly not issue the notes, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the notes or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any documents required for the transaction. 4. The form of Memorandum of Agreement relating to the issuance of the notes to finance the costs of the Projects is hereby approved and %he Mayor and City Manager are hereby authorized and directed to execute the Memorandum of Agreement on behalf of the City. 5. In accordance with Section 474.01, Subdivision 7 of the Act, the Mayor is hereby authorized and directed to submit one or more Applications for the Projects to the Commissioner of Securities for his approval of the Projects. The Mayor, City Manager, City Clerk, City Attorney and other Officers, employees and agents of the City are hereby authorized to provide the Commissioner with any preliminary information he may need for this purpose, and the City Attorney is authorized to initiate and assist in the prepara- tion of such documents as may be appropriate to the Projects, if they are approved by the Commissioner. ~ Mayor Attest:~rk~ The motion for adoption of the above resolution was duly seconded by Councilmember Enck , and upon vote being taken, the following voted in favor: Erickson, Enck, Hokr, Otten, Plufka and the following were opposed: None whereupon the resolution was declared duly adopted and was signed by the Mayor and attested by the City Clerk. [Bond Resolution] A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BOND PURSUANT TO CHAPTER 474, MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED TO DAVID A. DEMEULES AND LAWRENCE T. DEMEULES FOR AN INDUSTRIAL DEVELOPMENT PROJECT BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the "City"), as follows: 1. Authority. The City is, by the Constitution and Laws of the Sta~e 0'f Minnesota, including Chapter 474, Minnesota Statutes, as amended (the "Act"), authorized to issue and sell its revenue bonds for the purpose of financing the cost of con- struction of authorized projects, and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act and to pledge revenues of the project and otherwise secure'the revenue bonds. 2. Authorization of Series of Bonds. The City Council hereby determines that it is necessary and expedient to autho- rize, and the City Council does hereby authorize, the issuance and sale of revenue bonds of the City in the aggregate principal amount of Four Hundred Sixty Thousand Dollars ($460,000) pursuant to the Act to provide money to be loaned to David Ao Demeules and Lawrence T. Demeules, residents of the City of Plymouth, Minnesota, and the City of New Hope, Minnesota, respectively (the "Borrowers"), to finance costs of the acquisition of land in the City (the "Project Site") and constructing thereon an office and warehouse building (the "Project Building") to be leased to Standard Iron & Wire Works, Inc., a Minnesota corporation (the "Lessee"), together with necessary building service equipment (the "Project Equipment") to be located permanently in and as part of the Project Building or the Project Site and necessary site improvements (the "Project," as more fully defined in the Loan Agreement hereinafter mentioned). In order to provide financing for the Project, the City shall issue and sell its $460,000 City of New Hope Industrial Development Revenue Bond (David A. Demeules and Lawrence T. Demeules Project - Standard Iron & Wire Works, Inc'., Lessee), Series 1979 (the "Bond"). 3. Documents Presented. Forms of the following docu- ments relating to the Bond and the Project have been submitted to and examined by the City Council and are now on file in the office of the City Clerk-Treasurer: (a) Loan and Purchase Agreement (the "Loan Agree- ment''), dated as of March 1, 1979, by and among the City, the Borrowers and the Northwestern National Bank of Minneapolis, in Minneapolis, Minnesota (the "Bank"), whereby, among other things, the City agrees to sell and the Bank agrees to purchase the Bond, the City agrees to make a loan to the Borrowers of the proceeds of the sale of the Bond and the Borrowers covenant to complete the Project and to pay amounts sufficient to provide for the p~ompt payment of the principal of, premium, if any, and interest on the Bond; and (b) Lease Agreement (the "Lease") dated as of March 1, 1979, by and between the Borrowers, as les- sors, and Standard Iron & Wire Works, Inc., as lessee (the "Lessee"), whereby the Borrowers agree to lease to the Lessee and the Lessee agrees to let from the Bor- rowers the Project Facilities, upon payment by the Lessee of rentals to provide security for payment of the principal of, premium, if any, and interest on the Bond when due (this document not to be executed by the City); and (c) Assignment of Lease and Rents dated as of March 1, 1979 (the "Lease Assignment"), from the Borrowers to the Bank, whereby the Borrowers assign all of their right and interest in and to the Lease, including rental payments to be made thereunder, to the Bank (this document not to be executed by the City); and (d) Combination Mortgage and Security Agreement dated as of March 1, 1979 (the "Mortgage"), by and between the Borrowers and the Bank, whereby the Borrowers mortgage the Project Site, the Project Building and the Project Equipment (the "Project Facilities") as security for the Bond (this document not to be executed by the City); and (e) Guaranty Agreement dated as of March 1, 1979 (the "Guaranty"), from the Borrowers to the Bank, whereby the Borrowers personally guarantee payment of principal of, premium, if any, and interest on the Bond to the Bank (this docment not to be executed by the City). 4. Findings. It is hereby found, determined and declared that: (a) The Project, as described in the Loan Agree- ment, constitutes a project authorized by and described in Section 474.02, Subd. la, of the Act. (b) The purpose of the Project is and the effect thereof will be to promote the public welfare by: preventing the emergence of blighted and marginal lands and areas of chronic unemployment; preventing economic deterioration; the development of sound industry and -2- commerce to use the available resources of the commun- ity, in order to retain the benefit of the community's existing investment in educational and public service facilities; halting the movement of talented, educated personnel to other areas and thus preserving the econ- omic and human resources needed as a base for providing governmental services and facilities; and adding to the tax base of the City and the County and School District in which the Project Facilities will be located. (c) The Project has been approved by preliminary resolutions of the Council duly adopted March 27, 1978, and by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act. (d) The issuance and sale of the Bond, the execu- tion and delivery of the Loan Agreement and the perfor- mance of all covenants and agreements of the City contained in the Bond and the Loan Agreement and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Bond and Loan Agreement valid and binding obligations of the City in accordance with their terms, are authorized by the Act. (e) There is no litigation pending or, to the best of its knowledge, threatened against the City relating to the Project or to the Bond or Loan Agree- ment, or questioning the organization, powers or autho- rity of the City. (f) The execution, delivery and performance of the City's obligations under the Bond and the Loan Agreement have been fully authorized by all requisite action and do not and will not violate any law, any charter provision, any order of any court or other agency of government, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (g) The Loan Agreement provides for payments by the Borrowers to the Holder of the Bond for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bond when due. No reserve funds are deemed neces- sary for this purpose. The Loan Agreement obligates the Borrowers to provide for the operation and mainte- nance of the Project Facilities, including adequate insurance, taxes and special assessments. -3- (h) Under the provisions of Section 474.10 of the Act, the Bond shall recite that the Bond is not to be payable from nor charged upon any funds other than amounts payable by the Borrowers pursuant to the Loan Agreement which are pledged to the payment thereof, amounts payable by the Borrowers under the Guaranty, payments to be made by the Lessee under the Lease and assigned to the Bank under the Lease Assignment and, in event of default, moneys derived from foreclosure or other enforcement of the Mortgage and payments of undisbursed moneys in the Construction Account held by the Bank; no Holder of the Bond shall ever have the right to compel the exercise of the taxing power of the City to pay the Bond or the interest thereon, nor to enforce payment thereof against any property of the City; and the Bond shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and such Bond does not constitute an indebtedness of the City within the meaning of any constitutional, statutory or charter limitation. (i) No member of the City Council (i) has a direct or indirect interest in the Project, the Loan Agreement or Bond; (ii) owns any capital stock of or other interest in the Project or the Lessee, (iii) is an officer or director of the Lessee or, (iv) will be involved in supervising the completion of the Project on behalf of the Borrower, or (v) will receive any commission, bonus or other remuneration for or in respect of the Project, the Loan Agreement or the Bond. 5. Approval and Execution of Documents. The form of Loan Agreement referred to in paragraph 3 is approved. The Loan Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Manager upon execution thereof by the Bank and the Borrowers, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the Mayor, which approval shall be conclusively evidenced by the execution thereof. The Mortgage, Guaranty, Lease and Lease Assignment may contain such revisions as may be approved by the Bank and the parties executing the same. 6. Approval of Terms'and Sale of Bond. The City shall proceed forthwith to issue its City of New Hope Industrial Development Revenue Bond (David A. Demeules and Lawrence T. Demeules Project - Standard Iron & Wire Works, Inc., Lessee), Series 1979, in the principal amount of $460,000 substantially in the form and containing the provisions set forth in the form of Bond attached hereto as Exhibit 1, which provisions are hereby approved and incorporated in this Bond Resolution and made a part hereof. The terms of the Bond shall be as follows: -4- Date The Bond shall be dated the date of delivery thereof. Interest The Bond shall bear interest at the rate of 7.00% per annum, interest prior to maturity payable April 10, 1979, and monthly thereafter on the 10th day of each month. If a Determination of Tax- ability shall be made, the Bond bears additional interest at the rate of 3.00% per annum for an aggregate rate of 10% per annum as provided in Section 5.05 of the Loan Agreement. Maturity March 10, 1994, but payable in installments of principal and interest of $4,135.40 each on April 10, 1979, and monthly thereafter to maturity on the 10th day of each month. Prepayment The Bond shall be subject to Privilege prepayment at any time at the option of the City, at the request of the Borrowers, as provided in Section 5.04 of the Loan Agreement, upon five (5) business days' prior mailed notice to the last known Holder at par plus accruedinterest. Partial prepayments shall be applied to the principal installments last to become due, in inverse order of due date. If a Determination of Taxability shall be made, the Bond is subject to redemption at the option of the Borrowers or, upon one years' notice, at the option of the Bank at par, and accrued interest as provided in Section 5.05 of the Loan Agreement. A single Bond, substantially in the form of Exhibit 1 to this Bond Resolution, shall be issued to the Bank in the principal amount of $460,000 and as authorized by the Act, principal of and interest on the Bond shall be payable at the North American Office of the Bank. The proposal of the Bank to purchase such Bond at a price of $460,000 (100% of par value) i$ hereby found and determined to be reasonable and is hereby accepted. --5-- 7. Execution and Delivery of Bond. The Bond may be in typewritten or printed form' and sha~l' be executed by the manual signatures of the Mayor and City Manager and attested by the manual signature of the City Clerk-Treasurer, and the official seal of the City shall be affixed thereto. When so prepared and execut- ed, the Bond shall be delivered to the Bank upon payment of the purchase price to the Borrower for the account of the city, or to the Bank, in the event the Project is not then completed, for deposit to the Construction Account, and upon receipt of the signed legal opinion of Messrs. Faegre & Benson, of Minneapolis, Minnesota, bond counsel, pursuant to the Loan Agreement. The Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the valid- ity and regularity of the issuance thereof. 8. Registration Records. The City Clerk-Treasurer, as bond registrar, ~hall keep a bond register in which the City shall provide for the registration of the Bond and for transfers of the Bond. The principal of and interest on the Bond shall be paid to the Bank for the account of the Holder entitled thereto in Federal or other immediately available funds. The City Clerk- Treasurer is authorized and directed to deliver a certified copy of this.Bond Resolution to the County Auditor of Hennepin County, together with such other information as the County Auditor may require, and obtain the certificate of the County Auditor as to entry of the Bond on his bond register as required by the Act and Section 475.63, Minnesota Statutes. 9. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond is mutilated, Lost, stolen Or' destroyed, the ~it~ may exe- cute and deliver to the Holder a new Bond of like amount, date, number and tenor as that mutilated, lost, stolen oE destroyed; provided that, in the case of mutilation, the mutilated Bond shall first be surrendered to the City, and in the case of a lost, stolen or destroyed Bond, there shall be first furnished to the City and the Borrowers evidence of such loss, theft or de- struction satisfactory to the City and the Borrowers, together with indemnity satisfactory to them. The City and Borrowers may charge the Holder with their reasonable fees and expenses in replacing any mutilated, lost, stolen or destroyed Bond. 10. Transfer of Bond; Person Treated as Holder. The Bond shall be transferable by the Owner on the bond reg~s'ter of the City, upon presentation of the Bond for notation of such transfer thereon at the office of the City Clerk-Treasurer, as bond registrar, accompanied by a written instrument of transfer in form satisfactory to the City Clerk-Treasurer duly executed by the Owner or its attorney duly authorized in writing. The Owner seeking to transfer ownership of the Bond shall also give written notice thereof to the Borrowers. The Bond shall continue to be subject to successive transfers at the option of the Owner of the Bond. No service charge shall be made for any such transfer, but the City Clerk-Treasurer may require payment of a sum sufficient -6- to cover any tax or other governmental charge payable in connec- tion therewith. The City Clerk-Treasurer shall give written notice to the Borrowers and the Bank of any transfer of ownership recorded on the bond register immediately. The person in whose name the Bond shall be issued or, if transferred, shall be regis- tered from time to time, shall be deemed and regarded as the absolute Holder thereof for all purposes, and payment of or on account of the principal of and interest on the Bond shall be made only to or upon the order of the Holder thereof, or its attorney duly authorized in writing, and neither the City, the City Clerk-Treasurer, the Borrowers nor the Bank shall be affected by any notice to the contrary. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. 11. Disbursement of Proceeds. There is hereby created and established with the Bank, as trustee, pursuant to the Act and the Loan Agreement a trust fund in the name of the City to be designated "City of New Hope - David A. Demeules and Lawrence T. Demeules Industrial Development Project Construction Account" (the "Construction Account") into which all proceeds derived from the sale of the Bond by the City will be deposited. The Bank shall in such event hold, administer, invest and disburse the moneys in accordance with the terms of the Loan Agreement for the payment of authorized Project Costs as defined in the Loan Agree- ment and, if not needed for Project Costs or if an Event of Default shall occur, to the payment of the unpaid principal of and interest on the Bond. 12. Amendments, Changes and Modifications to Loan Agreement and Bond Resolution. ExcePt pursuant to SectiOn 9.03 of the Loan Agreement, the City shall not enter into or make any change, modification, alteration or termination of ~he Loan Agreement or this Bond Resolution. 13. Pledge to Holders. The City does hereby pledge and assign to the Bank ahd its successor Holders of the Bond all interest of the City in the revenues of the Project and the Project Facilities, including all Loan Repayments to be made by the Borrowers under the Loan Agreement, payments to be made under the Guaranty, the Lease and the Lease Assignment, moneys derived from enforcement of the Mortgage and moneys and investments held by the Bank in the Construction Account until disbursed for payment of Project Costs or of the Bond. All such revenues, moneys and investments and all proceeds thereof, and any collec- tions of moneys by the City in any proceeding for enforcement of the obligations of the Borrowers under the Loan Agreement shall be received, held and applied by the City for the benefit of the Holder of the Bond. 14. Covenants with Holders~ Enforceability. All pro- visions of the Bond and of this Bond Resolution, and all repre- sentations and undertakings by the City in the Loan Agreement are hereby declared to be covenants between the City and the Bank and its successor Holders of the Bond and shall be enforceable by the Bank or any Holder in a proceeding brought for that purpose. --7-- 15. Definitions and Interpretation. Terms not other- wise defined in this Bond ReSolUtion but defined in the Loan Agreement shall have the same meanings in this Bond Resolution and shall be interpreted herein as provided therein. Notices may be given as provided in Section 9.01 of the Loan Agreement. In case any provision of this Bond Resolution is for any reason illegal or invalid or inoperable, such illegality or invalidity or inoperability shall not affect the remaining provisions of this Bond Resolution, which shall be construed or enforced as if such illegal or invalid or inoperable provision were not con- tained herein. 16. Certifications. The Mayor, City Manager and City Clerk-Treasurer and other'officers of the City are authorized and directed to prepare and furnish to Messrs. Faegre & Benson as bond counsel, to the Borrowers, to the Bank and to counsel for the Borrowers and the Bank, certified copies of all proceedings and records of the City relating to the Project and the Bond, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements co~ined ther~ein. App r oved,~. ~'~'~z~/ ~.~,-~.~/_..~.~ ~,~ Attes ~/. ~~T~k Tre~ ~ / ~4-ayor asUrer. u~y - -8- EXHIBIT 1 TO BOND RESOLUTION (Form of Bond) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE Industrial Development Revenue Bond (David A. Demeules and Lawrence T. Demeules Project - Standard Iron & Wire Works, Inc., Lessee) Series 1979 No. 1 $460,000 The City of New Hope, a municipal corporation in the County"of Hennepin and State of Minnesota (the "City"), for value received, hereby promises to pay, but solely from the revenues and funds pledged thereto, to Northwestern National Bank of Minneapolis, in Minneapolis, Minnesota, or registered assigns, the principal sum of Four Hundred Sixty Thousand Dollars ($460,000), on March 10, 1994, upon the presentation and surrender hereof, and to make prepayments of said principal sum in installments as hereinafter provided, and to pay to the owner hereof interest on the unpaid balance of such principal sum from the date hereof until said principal sum is paid at the rate of seven percent (7.00%) per annum. Principal of and 'interest on this Bond shall be paid in 180 installments of Four Thousand One Hundred Thirty-five and 40/100 Dollars ($4,135.40) each on April 10, 1979, and on the 10th day of each month thereafter until maturity. Payments of installments prior to maturity shall be applied, first, to accrued and unpaid interest and, second, to unpaid principal. Principal and interest shall be paid in Federal or other immediately available funds to Northwestern National Bank of Minneapolis (the "Bank"), at its North American Office in Minneapolis~ Minnesota, for the account of the registered owner. This Bond is issued pursuant to the Minnesota Municipal Industrial Development Act, Chapter 474, Minnesota Statutes, as amended (the "Act"), and in conformity with the provisions, restrictions and limitations thereof. This Bond does not consti- tute a charge against the general credit or taxing powers of the City and does not grant to the owner or holder of this Bond any right to have the City levy any taxes or appropriate any funds for the payment of the principal hereof or interest hereon, nor is this Bond a general obligation of the City or the individual officers or agents thereof. This Bond and interest hereon are payable solely and only from the moneys~received under the Loan Agreement, Mortgage, Guaranty, Lease or Lease Assignment or held by said Bank in the Construction Account pursuant to the Loan Agreement, hereinafter mentioned, including loan repayments to be made by David A. Demeules and Lawrence T. Demeules, individuals residing in the City of Plymouth, Minnesota, and the City of New Hope, Minnesota, respectively (the "Borrowers"). This Bond represents an authorized series of special obligation Bonds of an aggregate principal amount of $$460,000, which has been authorized by law to be issued and has been issued for the purpose of funding a loan from the City to the Borrowers to finance costs of a project for the acquisition of land and constructing and equipping thereon an office and warehouse building in the City, to be leased to Standard Iron & Wire Works, Inc~. (the "Lessee"), a Minnesota corporation (the "Project"). This bond is issued pursuant to a Loan and Purchase Agreement (the "Loan Agreement") by and among the City, the Borrowers and the Bank dated as of March 1, 1979, and a Bond Resolution of the City duly adopted February 26, 1979. This Bond is secured by the Loan Agreement and the Bond Resolution and a Combination Mortgage and Security Agreement (the "Mortgage") dated as of March 1, 1979, by the Borrowers to the Bank and a Guaranty Agreement (the "Guaranty") dated as of March 1, 1979, from the Borrowers to the Bank and a Lease Agreement (the "Lease") dated as of March 1, 1979, between the Borrowers and the Lessee, which Lease, including all rental payments to be made thereunder, has been assigned by / the Borrowers to the Bank pursuant to a Lease Assignment (the "Lease Assignment") dated as of March 1, 1979, from the Borrower to the Bank, to which Loan Agreement, Bond Resolution, Mortgage, Guaranty, Lease and Lease Assignment and amendments thereof reference is hereby made for a description and limitation of the revenues and funds pledged and appropriated to the payment of the Bond, the nature and extent of the security thereby'created, the rights of the Holders of the Bond, the rights, duties and immunities of the Bank, and the rights, immunities and obliga- tions of the City thereunder. Certified copies of the Bond Resolution and executed counterparts of the Loan Agreement, Mortgage, Guaranty, Lease and Lease Assignment are on file at the office of the City Clerk-Treasurer. Upon a Determination of Taxability, as defined in the Loan Agreement, that interest upon the Bonds is subject to fed- eral income taxation when held by persons other than substantial users and related persons, under Section 103 of the Internal Revenue Code as in effect at the date hereof and regulations thereunder, the Borrowers have agreed under Section 5.05 of the Loan Agreement to pay for the account of the City to the Holder from the Date of Taxability additional interest at the rate of 3.00% per annum for an aggregate rate to the Holder of 10% per annum. This Bond is subject to prepayment at any time at the option of the City, at the request of the Borrowers, in whole or in part, at par plus accrued interest, including additional interest if a Determination of Taxability shall have been made. -2- Partial prepayments shall be applied to principal installments of this Bond last to become due, in inverse order of due date. If a Determination of Taxability shall be made, the Borrowers have agreed to redeem this Bond, upon one year's notice by the Holder, at par plus accrued interest (including additional interest). Notice of any such prepayment shall be given to the owner or registered assigns of this Bond by certified or regis- tered mail, addressed to such owner at its registered address, not later than five (5) business days prior to the date fixed for prepayment, and shall be published, if required by law, in a financial journal circulated in the English language in Minneapolis and St. Paul, Minnesota, at least once, not less than five (5) days before the date so fixed for prepayment. At the date fixed for prepayment, funds shall be deposited with the Northwestern National Bank of Minneapolis, at its North American office, in Minneapolis, Minnesota, sufficient to pay the Bond, or the princ- ipal amount thereof to be prepaid, and accrued interest thereon. Upon the happening of the above conditions, the Bond thus called or the principal portions thereof prepaid shall not bear interest after the date specified for prepayment. This Bond is transferable, as provided in the Bond Resolution, only upon the bond register of the City Clerk- Treasurer, as bond registrar, by the owner hereof in person or by his duly authorized attorney, as provided in the Bond Resolution. In case an Event of Default, as defined in the Loan Agreement, occurs, the Bond and the Loan Repayments thereafter to become due under the Loan Agreement may become immediately due and payable, in the manner and with the effect and subject to the conditions provided in the Loan Agreement. The Holder of t~e Bond shall have the right to enforce the provisions of the Bond Resolution, Loan Agreement, Mortgage, Guaranty, Lease and Lease Assignment. The terms and provisions of the Bond Resolution, Loan Agreement, Mortgage, Guaranty, Lease and Lease Assignment, or of any instrument supplemental thereto, may be modified or altered pursuant to Section 9.03 of the Loan Agreement. It is hereby certified and recited and the City Council has found: That the Project is an eligible "project" defined in Section 474.02, Subd. la, of th~ Act; that the issuance of the Bond and the acquisition and construction of the Project will promote the public welfare and carry out the purposes of the Act; that the Project has been approved by the Commissioner of Securi- ties of the State of Minnesota as tending to further the purposes and policies of the Act; that all acts, conditions and things required to be done precedent to and in the issuance of this Bond have been properly done, have happened and have been performed in regular and due time, form and manner as required by law; and that this Bond does not constitute a debt of the City within the meaning of any constitutional, statutory or charter limitation. -3- IN WITNESS WHEREOF, the City of New Hope, by its City Council, has caused this Bond to be signed in its behalf by the manual signatures of its Mayor and City Manager, attested by the manual signature of the City Clerk-Treasurer, and sealed with the corporate seal of the City, all as of the ..... day of , 1979. CITY OF NEW HOPE By Mayor (SEAL) and by City Manager Attest city"Ct'erk-Treasurer (Form of Transfer) For value received, the undersigned owner does hereby assign and transfer the foregoing Bond to the named Assignee, and the undersigned City Clerk-Treasurer of the City of New Hope as bond registrar hereby certifies that the foregoing Bond has been transferred and registered on the bond register in the name of such Assignee, as follows: Signature 9f Date of Name of Signature of City Clerk- Transfer on Assignee Owner Treasurer Bond Register -4- MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, dated as of February , 1979, between the City of New Hope, Minnesota (the City), and Rosewood Corporation, a Minnesota corporation (the Company), provides as follows: 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following: (a) The City is authorized and empowered by the provi- sions of Chapter 474, Minnesota Statutes, as amended (the Act), to issue revenue obligations to defray the costs of projects as defined in the Act. (b) . The Company.has proposed that the City, pursuant to the Act, issue one or more mortgage revenue note~ to defray the costs %o be incurred in connection with the following Projects: Estimated Date Estimated Estimated of Commencement Completion Projects Cost of Construction Date ~.50,000 square foot ' $ 900,000 office-warehouse 8/1/79 1/1/80 facility %.30,000 square foot 650,000 6/1/79 10/1/79 office-warehouse facility C. 40,000 square foot 1,800,000 9/1/79 6/1/80 office facility ~,30,000 square foot 650,000 10/1/79 ~1/80 office-warehouse facility and that the City and the Company enter into one or more lease, sale or loan agreements or similar agreements satisfying the requirements of the Act (the Revenue Agreement). (c) The Company wishes to obtain satisfactory assurance from the City that the proceeds of the sale of the notes of the City will be made available to finance the Projects. (d) Subject to due compliance with all requirements of law and paragraph 4(c) hereof, the City by virtue of such statutory authority as may now or hereafter be conferred by the Act, agrees to issue and sell its notes (the Notes), in one or more series, in a principal amount not exceeding in the aggregate the costs set forth in paragraph l(b) to pay the costs of the Projects. (e) The Notes shall be limited obligations of the City and the principal of and interest on the Notes shall be payable solely out of revenues derived from amounts payable to the City by the Company pursuant to the terms of the applicable Revenue Agreement. 2. Undertakings on the Part of the City. Subject to the conditions stated in (d) of paragraph 1 hereof, the City agrees as follows: (a) ~hat it will authorize the issuance and sale of the Notes, pursuant to the terms of the Act as %hen in force. (b) That, if it issues and sells the Notes, it will, as requested by the Company, enter into one or more Revenue Agreements with the Company. The lease rentals, installment sale payments, loan payments or other amounts payable under the Revenue Agreements will be sufficient to pay the principal and interest and redemption premium, if any,~ on the.Notes as and when the same shall become due and payable. 3. Undertakings on the Part Of the Company. The Company agrees as follows:~ (a) That it will use all reasonable efforts to find one or more purchasers for the Notes. (b) That contemporaneously with the delivery of the Notes the Company will enter into one or more Revenue Agreements with the City under the terms of which the Company will agree to pay to the City sums sufficient in the aggregate to pay the prin- cipal of, interest on and redemption premium, if any, on the Notes as and when the same shall become due and payable. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that within eighteen months from the date hereof (or such other date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms and conditions, of the Revenue Agreements, the Notes and of the other instruments and proceedings relating to the Notes. (b) The Company agrees to pay any and all costs incurred by the City (including fees of the City. Attorney and bond counsel) whether or not the Projects are approved by the Commissioner of Securities; whether or not the Projects are carried to completion; and whether or not the Notes or operative instruments are executed. (c) The execution of this Agreement does not con- stitute a guarantee or a firm commitment that the City will issue the Notes as requested by the Company. The City retains the right in its sole discretion to withdraw from participa- tion, and accordingly not issue the Notes, should the City at any time prior to issuance thereof reasonably determine that it is in the best interest of the City not to issue the Notes or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any documents required for the transaction. (d) As used herein, the term "Company" shall refer to any successors or assigns of Rosewood Corporation which might undertake one or more of said Projects, provided said successor or assignee agrees in writing to be bound by the provisions hereof and provided the City consents to such succession or assignment. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunto authorized this day of February, 1979. ROSEWOOD CORPORATION (SEAL) By~ CITT--OF MINNESOTA NEW HOPE, ./r' Mayo~r/~ And: Ci{y MaHa~er' 7! RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF NEW HOPE COMMUNITY DEVELOPMENT PROGRAM TO HENNEPIN COUNTY FOR CONSIDERATION AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND CO~IUNITY DEVELOPMENT ACT 0F.~1974, AS AMENDED WHEREAS, the City of New Hope has executed a Cooperation Agreement with Hennepin County agreeing to parti- cipate in the Urban Hennepin County Community Development Block Grant Program, and WHEREAS, a three year Community Development Program and Housing Assistance Plan has been prepared consistent with the Comprehensive Urban Hennepin County Community Develop- ment strategy and the Community Development Program Regulations, and WHEREAS, the three year Community Development Program and Housing Assistance Plan has been subject to citizen review pursuant to the Urban Hennepin County Citizen Participation Plan. BE IT RESOLVED, that the City Council of the City of New Hope approved the proposed three year Community Development Program and Housing Assistance Plan and authorizes the appropriate execution of the application material and transmit it to Hennepin County for consideration as part of the Year V.Urban Hennepin County Community Development Block Grant Application. Approved this 26th day of February, 1979. ~./t~ ~/ Mayor ' ATTEST ~ /~ ' ~ erk-Tr'easurer RESOLUTION SUPPORTING S.F. NO. 722 AUTHORIZING USE OF ELECTRONIC VOTING SYSTEMS FOR ABSENTEE VOTING WHEREAS, electronic voting systems have been approved for the State of Minnesota, with~nexcess of 400,000 Minnesota voters utilizing this system, and WHEREAS, many of these voters must cast an absentee ballot because they are unable to appear in person at the polling place on election due to absence from the precinct, illness, disability or religious discipline, and WHEREAS, under current law, these voters must use a paper ballot for absentee voting purposes, which ballot must then be converted to machine readable ballots by election officials, and WHEREAS, said transfer of absentee votes is a very time consuming, costly procedure with a possibility for human error in the converting process, and WHEREAS, utilization of the electronic absentee voting system has proved an effective method of handling the absentee voting process in thirty-six of the thirty-eight states currently utilizing an electronic voting system; NOW THEREFORE BE IT RESOLVED THAT: 1. Council of the City of New Hope does wholeheartedly support passage of S.F. No. 722 authorizing the use of electronic voting systems for absentee voting and urges the legislature to enact this provision into law, and 2. The City Clerk is authorized to transmit certified copies of this resolution to the legislators for the City of New Hope, to the League of Minnesota Municipalities and to the legislative committee of the Minnesota Clerks and Finance Officers Association. Passed by the City Council this 12th day of March, 1979. Edward~ Erickson, Mayor ATTEST: Be¥~._~o~, City Cl erk-Treasurer CERTIFICATION OF MINUTES RELATING TO C,~ $2,900,000 First Mortgage Housing Revenue Bonds (Pheasant Park Apartments/FHA Insured Mortgage) Issuer: City of New Hope, Hennepin County, Minnesota Governing Body: City Council Kind, date, time and place of meeting: a re~Jl~ meeting, held on ._March .Z6. ~ 1979, . .7:Q0 o'clock P.MX, at City Hall - Members present: Erickson~ Enck, Hokr~ 0tten, Plufka Members absent: None Documents attached: Minutes of said meeting (pages): RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; GIV- ING PRELIMINARY APPROVAL TO THE PROJECT; P~- FERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING EXE- CUTION OF A MEMORANDUM OF AGREEMENT AND PRE- PARATION OF NECESSARY DOCUMENTS (ROSEWOOD -z PHEASANT PARK) I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the above-stated obligations, certify that the ~documents described above and attached hereto have been transcribed from and carefully compared with the corporation's original records in my legal custody; that the documents are a correct and complete transcript of the minutes of a meeting of the Corporation's governing body and correct and complete copies of all resolutions, other actions taken and documents approved at the meeting by the governing body so far as they relate to 'the obligations; and that the meeting was duly held by the gcverning body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on M~rch 26 , 1979. Signature Be.tty Pouliot,. Clerk-Treasurer Name and Title (SEAL) Councilperson Plufka introduced the following resolution and moved i~s adoption: RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; GIV- ING PRELIMINARY APPROVAL TO THE PROJECT; RE- FERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING EXE- CUTION OF A MEMORANDUM OF .AGREEMENT AND PRE- PAP~TION OF NECESSARY DOCUMENTS (ROSEWOOD -- PHEASANT PARK) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: 1. It is hereby found, determined and declared as follows: t.1. The Minnesota legislature has enacted Chapter 474, Minnesota Statutes, which is cited as the "Municipal Industrial Development Act" (the Act), under which the City is authorized to issue revenue bonds for the purpose of providing financing for the acquisition, construction and equipping of projects consisting of real and personal properties used or useful in connection with a revenue-producing enterprise engaged in any business. · 1.2. In enacting the Act, the Legislature found that the welfare of the State requires the active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental action to prevent so far as possible the emergence of blight and areas of chronic unemployment and that it is the policy of the State to encourage action by local govern- mental units to prevent such economic deterioration. 1.3. The development, maintenance.and preservation of adequate housing within the City is essential to the maintenance of population and the promotion, attraction, encouragement and develop- ment of economically sound industry and commerce, constitutes a significant industry providing employment opportunities for resi- · dents of the City and encourages land development and'redevelop- ment, thereby increasing the tax base of the City and overlapping taxing districts. 1.4. Rosewood Corporation (the Corporation) has acquired eleven acres of land within the City and is considering the con- struction thereon of a building and acquisition and installation therein of items of furnishings, personal property and related fa- cilities (all such property hereinafter referred to as the Project) for use as an apartment building consisting of 92 units. 1.5. This Council has been advised by representatives of the Corporation that conventional, commercial financing to pay the capital cost of the Project has not been obtained and is avail- able only on a limited basis and at such high costs and on such terms of borrowing that the economic feasibility of acquiring, con- structing, equipping and operating the Project would be signifi- cantly impaired; however, the Corporation has also advised the City that the use of municipal financing and the lower borrowing cost resulting therefrom will materially increase the economic'feasibil- ity of the Project and~will constitute a substantial inducement to undertake the Project. 1.6. The Corporation has proposed that the City issue and sell its housing revenue bonds (the Bonds) in one or more se- ries, pursuant to the Act for %he purpose of financing the Project, including certain expenses incidental thereto, in the approximate principal amount of $2,900,000 and loan the proceeds realized upon the sale of the Bonds to the Corporation or a Minnesota limited partnership to be formed in which the principal shareholders of the Corporation will be general partners (hereinafter whether the Corporation or said limited partnership, the Developer) pursuant to a revenue agreement (the Revenue Agreement) wherein the Devel- oper will be obligated to acquire, construct and equip the Project, to apply the proceeds of the Bonds solely to the payment of the costs thereof and to make payments under ~he Revenue Agreement at the time and in the amounts sufficient to provide for the prompt payment of the prin6ipal of and interest on the Bonds and all costs and expenses of the City incident to the issuance and sale of the Bonds; the proposal further provides that the Project will be mort- g~ged and a security interest therein granted and the City's right and interest in the Revenue Agreement pledged for the benefit and security of the holders from time to time of the Bonds. 1.7. The Developer has applied to the United States De- partment of Housing and Urban Development (HUD) for a preliminary reservation of housing assistance payments under Section 8 of the United States Housing Act of 1937,' as amended, with respect to ap- proximately twenty percent (.20%) of the units to be included in the Project. 1.8. The Developer has applied to HUD for a commitment fqr mortgage insurance under the National Housing Act, as amended, with respect to the Project. 1.9. The proposed Project consists of real/and personal properties to be used in a revenue-producing enterprise engaged in the business of producing and providing housing, as authorized by the Act. 1.10. The undertaking of the proposed Project and the issuance Of the Bonds to finance the costs thereof will further and promote the public purposes and'legislative objectives of the Act by encouraging the development of a revenue-producing enter- prise within the City, by increasing the tax base of the City and overlapping taxing jurisdictions, by providing additional employ- ment opportunities for residents of the City and surrounding area, by stimulating the development of lands within the City and by in~ creasing the nun{ber of adequate housing units within the City. 1.11. The full faith and credit of the City will not be pledged or responsible for the~Project or the payment of the prin-' cipal of and interest on the Bonds. 1.12. This Council has also been advised by a represen- tative of Juran & Moody, Inc., of St. Paul, Minnesota (the Under- writer), investment bankers and dealers in municipal bonds, that on the basis of information submitted to them and their discussions with representatives of the Developer and potential buyers of tax- exempt bonds, the Bonds in the approximate principal amount of $2,900,000 could be issued and sold upon terms and conditions sat- isfactory to the City and the Developer to finance the Project. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue the Bonds in one or more series under the provisions Of the Act to finance the Project at a cost presently estimated to be ap- proximately $2,900,000. 3. The undertaking of the Project and the issuance of the Bonds in one or more series pursuant to the Act in the approx- imate principal amount of $2,900,000 to finance the costs thereof all as referred to above is hereby authorized and approved by the City, subject to the approval of the Project by the Commissioner of Securities and to the mutual agreement of this Council, the De- veloper and the Underwriter as to the detailed terms and conditions on which the Project will be financed, the terms and conditions on which the Bonds will be issued, sold and'secured and the terms and conditions of the Revenue Agreement and other instruments and pro- ceedings relating to the Bonds; the agreement of the City must be evidenced by a resolution (the final resolution) of this Council authorizing the issuance of the Bonds for the purpose of financing the Project and authorizing the execution of the necessary documents. This Council specifically reserves the right to decline to issue the Bonds, without obligation, if it determines subsequent to this resolution that the Project is not in the best interest of the City. In all events, it is understood, however, that the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project, and each Bond, when, as and if issued, shall recite in substance that the~ond, includ- ing interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof and shall not constitute a debt of the City. 4. The form of Memorandum of Agreement between the City and the Developer and relating to the issuance of the Bonds of the City to finance the cost of the Project is hereby approved and the Mayor and City Clerk-Treasurer are hereby authorized and directed to execute the Memorandum of Agreement in behalf of the City. 5. In accordance with Section 474.01, Subdivision 7 of the Act, the Mayor is hereby authorized and directed to submit an application to the Commissioner of Securities for his approval of -3- the Project. The Mayor, City Clerk-Treasurer, City Attorney and other officers, employees and agents of the City are hereby autho- rized %o provide the Commissioner with any preliminary information he may need for this purpose. The City Attorney is also autho- rized in cooperation with Dorsey, Windhorst, Hannaford, Whitney & Halladay, as bond counsel, to initiate preparation of such docu- ments as may be appropriate to the Project in order that, when and if the Project is approved by the Commissioner, it may be carried forward expeditiously. The motion for the adoption of the foregoing resolution was seconded by Councilperson ~nck and, upon vote being taken thereof, the following ~oted in favor thereof: ~rickson, ~nck, Hokr, Otten, Plufka; and the following voted against the same: None; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and attested by the City Clerk-Treasurer. ~ Mayor '~~r e a sure r STATEMENT coNcERNING A PROPOSED PROJECT UNDER MINNESOTA STATUTES, CHAPTER 474 The undersigned, being the duly qualified and acting Mayor of the City of New Hope, Minnesota, certifies that the City CoUncil of the City has been provided by Rosewood Corporation, of Roseville, Minnesota (the Company), with certain information con- cerning a proposed Project Under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474. On the basis of such information the City Council, by resolution adopted March 26, 1979, has given preliminary approval to the proposed Project and the financing thereof by the issuance of a revenue obligation or obligations of the City. The following are factors considered by the Council in determining to give preliminary approval to said Project: 1. The Project consists generally of a 92-unit, 3 story, elevatored rental apartment building with underground parking to be constructed on an 11 acre site in New Hope, Minnesota. Ap- proval has been requested for 19 2-bedroom units to be covered under Section 8. 2. The City Attorney and bond counsel are of the opinion that the Project constitutes a "project" within the meaning of Minnesota Statutes' Section 474,02, Subdivision l(a). 3. Based on an estimated total cost o'f acquisition and construction of $2,900,000, it is'the opinion of the Council that the Project, when completed, will add significantly to the commercial and in- dustrial tax base of the City and/or the County and School District in which the City is located. 4. Representatives of the Company estimate that, as a result of the acquisition and construction of the Project, the Company will employ approximately four on-site persons (in addition to those cur- rently employed by the Company}, in the City and ' the surrounding area. The Council is concerned about the level of unemployment in the City and surrounding area and the resulting movement, of persons to other areas where jobs are more plent- iful, and believes that the existence of the Project in the City would help alleviate those problems. S. Representatives of the Company estimate that the acquisition and construction of the Project will result in a payroll of approximately based on wage rates currently in effect. The Council believes that a substantial percentage of that payroll will be spent on housing, food .. . and other goods and services in the City and surrounding area, thus benefiting the local housing industry and local merchants. 6. Nothing has come to the attention of the Council to indicate that the proposed financing of the Project by the City would adversely and unfairly affect any other business enterprose located in the City. × Ed~ar~tlekson,. Mayor.. . MEMORANDUM OF AGREEMENT (ROSEWOOD -- PHEASANT PARK) THIS MEMORANDUM OF AGREEMENT, dated as of Mar~ 26 , 1979, between the City of New Hope, Minnesota (the City), and Rose- wood Corporation, a Minnesota corporation (the Corpora%ion), pro- vides as follows: 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following: (a) The City is authorized and empowered by the provisions of Chapter 474, Minnesota Statutes, as amended (the Act), to issue revenue bonds to defray %he costs of a project, as defined in the Act. (b) The Corporation has proposed that the City, pursuant to the Act, issue its revenue bonds to defray the costs to be incurred in connection with. the acquisition of certain prop- erties for use as an apartment building consisting of 92 dwelling units (the Project), and that the City and the Corporation or a limited partnership to be formed in which the principal sharehold- ers of the Corporation will be general partners (hereinafter whether the Corporation or said limited partnership, the Developer) enter into a loan agreement or similar agreement satisfying the requirements of the Act (%he Revenue Agreement). (c) The Developer has applied to the United States Department of Housing and Urban Development (HUD) for a preliminary reservation of housing assistance payments under Section 8 of the United States Housing Act of 1937, as amended, with respect'to ap- proximately twenty percent (20%) of the units to be included in the Project. (d) The Developer has applied to HUD for a commit- ment for mortgage insurance under the National Housing Act, as amended, with respect to %he Proje6t. (e) The Developer wishes to obtain satisfactory assurance from the City that %he proceeds of the revehue bonds of the City will be made available to finance the Project. (f) Subject to due 'compliance with all requirements of law and by virtue of such statutory authority as may now or here- after be conferred by the Act, the City will issue and sell its rev- enue bonds in an amount not exceeding $2,900,000 (the Bonds) to pay the costs of the Project. (g) The Bonds shall be limited obligations of the City and the principal of and inheres% on the Bonds shall be pay- able solely out of revenues derived from amounts payable to the City by the Developer pursuant to the terms of the Revenue Agree- ment. 2. Unde~.t.akings on %he Part of the City. Subject %o the conditions stated in (f) of paragraph % hereof, the City agrees as follows: (a) That it will authorize the issuance and sale of the Bonds, pursuant to the terms of the Act as then in force. (b) That, if it issues and sells the Bonds, it will, as requested by the Developer, enter into the Revenue Agree- ment With the Developer. The loan payments or other amounts pay- able under the Revenue Agreement will be suffiCient to pay the principal and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. 3. Undertakings on the Part of the Developer. The De- veloper agrees as follows: (a) The Developer will use all reasonable efforts to find one or more purchasers for the Bonds. (b) That, contemporaneously with'the delivery of the Bonds, the Developer will enter into the Revenue Agreement with the City under the terms of which the Developer will provide secu- rity to the City for payment of sums sufficient in the aggregate to pay the principal of, interest on and redemption premium, if any, on the Bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commihnents of the City under paragraph 2 hereof and of the Develope? under paragraph 3 hereof are subject to the condition that within fifteen (15) months from the date hereof (or such other date as shall be mutually satisfactory to the City and the Developer),the Cit~ and the Developer shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Bonds and of the other instruments and proceedinas relating to the Bonds; the agreement of the City will be evidenced by a resolution authorizing %he issuance of the Bonds (the final resolution). (b) If the events set forth in (a) of 'this para- graph do not take place within the time set forth or any extension thereof, the Developer agrees that the City will be reimbursed for. all reasonable and necessary expenses it may incur arising from the execution of this Agreement and the performance by the City of its obligations hereunder and this Agreement shall thereupon termi- nate. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunto duly authorized on ~ch ~6 , 1979. CITY OF NEW HOPE j ~Mayor / ROSEWOOD CORPORATION President Its CITY OF NEW HOPE . RESOLUTION APPROVING PLAT OF FLEETWOOD ESTATES 2ND ADDITION BE IT RESOLVED by the Council of the City 'of New Hope, Minnesota as fol 1 ows: l. It is hereby found and determined by this Council that the plat of land described in the title of this resolution is ac- cepted under the subdivision regulations of the City and that a public hearing has been duly held thereon. 2. This Council, as the platting authority provided by Chapter 670, Laws of 1965, does hereby approve the said plat. 3. The Mayor and Clerk are hereby authorized to sign the final plat. t~~ . ~j~ ~ · Mayor Attest: ~ J Cl~rk-Treasurer CERTIFICATION STATE OF MINNESOTA SS COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of New Hope, hereby attest and certify that: (1) as such officer, I have the legal custody of the original Resolution of which the foregoing is a true and correct copy: (2) that said Resolution was duly adopted at a meeting of the City Council of said City on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice there- of as required by law, on March 26, 1979 · Witness my hand and the seal of said City this 28th ~ay of March , 1.9 79. ~-~~ C'i 't~ Clerk-Treasurer CITY OF NEW HOPE , RESOLUTION APPROVING PLAT OF .FLEETWOOD ESTATES 3RD ADDITION BE IT RESOLVED by the Council of the City 'of New Hope, Minnesota as foll ows: 1. It is hereby found and determined by this Council that the plat of land described in the title of this resolution is ac- cepted under the subdivision regulations of the Ci~ and that a public hearing has been duly held thereon. 2. This Council, as the platting authori~ provided ~ Chapter 670, Laws of 1965, does hereby approve the said plat. 2. The M~yor and Clerk are here~ authorized to sign the pl at *-* ///' . final. ,~..~c~~~c~,a~ Attest: ~jlt'~''' ~'~/~ - Mayor Cle~-Treasurer CERTIFICATION STATE OF MINNESOTA SS COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of New Hope, hereby attest and certify that: (1) as such officer, I have the legal custody of the original Resolution of which the foregoing is a true and correct copy: (2) that said Resolution was duly adopted at a meeting of the City Council of said City on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice there- of as required by law, on March 26, 1979 . Witness my hand and the seal of said City this 28th day of March , 19 79. · .--~/~~--~-- City Clerk-Treasurer CERTIFICATION ~F MINUTES RELATING T~ NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITY Issuer: City of New Hope, Minnesota Governing body: City Council Kind, date, time and place of meeting: a ~u/,~ meeting, held March 26, 1979, at C~o o'clock F.M. in the d'~7~ ' ~Members present: ~,~ Members absent Documents attached: Minutes of said meeting (pages): 1 and 2, including RESOLUTION N@. RESOLUTION RELATING T© REDEVELOPMENT PLAN FOR 42nd/918; APPROVING REDEVELOPMENT PLAN FOR 42nd/~18 AND A PROJECT PURSUA~T THERETO AND MAKING FINDINGS WITH RESPECT THERETO I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal .... ~-- from which they' have been ........ ~' ~- ~ "-~ ~ said ~ ......... are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, ~3~d correct and complete copies of all resolutions and other actions taken and of all docu- ments approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of March, 1979. ~ ~Signature (SEAL) Betty Pouliot, City Clerk Name and ~itle" Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO REDEVELOPMENT PLAN FOR 42nd/#18; APPROVING REDEVELOPMAT~T PLAN FOR 42nd/#18 AND A PROJECT PURSUANT THERETO AND MAKING FINDINGS WITH RESPECT THERETO BE IT RESOLVED by the City Council of the City of New Hope (the City), as follows: Section !. This Council has received the written opinion of the City Planning Commission approving the Redevelopment Plan for 42nd/~18 (the Plan) and a redevelopment project pursuant thereto (the Project), and on February 12, 1979 held a public hearing on the Plan and the Project (the Public Hearing) after notice of the Public Hearing was published in the New Hope- Plymouth Post not less than ten days nor more than thirty days prior to the date of the Public Hearing. Section 2. It is hereby found that: (A) The land located within the Project area would not be made available for redevelopment without the financial aid to be sought; (B) the redevelopment plans for the redevelopment areas in the locality will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the redevelopment of such areas by private enterprises; and -(C) the Plan conforms to a general plan for the development of the locality as a whole. Section 3. The Plan and Project are hereby approved by this Council. Passed and adopted thi~. ~ March, 1979. /-~- ~ Mayor Attest: _ ~-~~ ~lerk --1- The motion for the adoption of the foregoing resolution was duly seconded by T~emb~=r ~/f , and upon vote being taken thereon, the following voted in favor thereof: ~r,'¢k~o~ ~_z,,~i.. ~o~9 ~ P/o/g ~ ~d the following voted against the s~e: p~ whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the Clerk. -2- RESOLUTION REAPPROPRIATING AND ADJUSTING THE 1978 OPERATING BUDGET AND PROVIDING FOR THE CARRYOVER OF CERTAIN EXPENSES TO 1979 WHEREAS, the City of New Hope~s operating needs resulted in some expendi- tures in excess of, or less than, the amounts originally appro- priated for 1978 General Fund activities, and WHEREAS, certain expenditures were authorized in 1978 and orders submitted for which the materials were not received by the end of the year, and WHEREAS, there is adequate revenue and decreased expenditures to offset in- creased costs in other areas, and WHEREAS, there is a need for the City Council to formally recognize these charges, NOW, THEREFORE, BE IT RESOLVED by the City Countil, City of New Hope that: Section i, WHEREAS, the General Fund Expenditure Budget, shown below, includes departmental budgets both under and over appro- priations and requires adjusting, the City Manager is hereby authorized and directed to use funds from the accounts with surplus to cover those accounts with deficits. Budget Expenditures Appropriations For Year Balance Mayor and Council $ 24,261.00 $ 23,834.90 $ 426.10 Manager 65,085.00 67,562.80 (2,477.80) Courts 29,800.00 22,695.50 7,104.50 Elections 48,346.00 40,852.10 7,493.90 Municipal Clerk 82,852.00 74,219.71 8,632.29 Accounting 44,542.00 42,898.35 1,643.65 Civil Service 4,950.00 5,507.81 (557.81) Advisory Commissions 1,100.00 189.29 910.71 Planning and Zoning 4,405.00 3,106.89 1,298.11 Municipal Building 44,688.00 41,166.29 3,521.71 Police 680,810.00 676,428.59 4,381.41 Fire 104,913.00 101,925.31 2,987.69 Protective Inspections 93,577.00 84,167.87 9,409.13 Civil Defense 1,819.00 476.39 1,342.61 Animal Warden 17,892.00 15,496.15 2,395.85 Streets 264,717.00 254,682.47 10,034.53 Snow and Ice Removal 63,144.00 60,662.29 2,481.71 Traffic Signs 21,952.00 12,082.67 9,869.33 Storm Sewer 33,391.00 41,054.98 (7,663.98) Recreation 189,590.00 174,323.40 15,266.60 Park 245,908.00 231,669.07 14,238.93 Other Functions 191,448.00 187,622.52 3,825.48 $2,259,190.00 $ 2,162,625.35 $ 96,564.65 - 2 - Section 2. WHEREAS, certain expenditures obligated in 1978 will not be made until 1979, the City Manager is hereby author- ized and directed to adjust the 1979 General Fund Budget by add- ing to the use of 1978 surplus as revenue and increasing depart- mental budgets as shown below in order to provide monies for expenditures when payment is due: REVENUE - 1978 SURPLUS $ 4,059.00 EXPENDITURES: Police Operating Supplies 4110-21 127.00 Subsistence/Care ~nd Support of Persons 4110-21-3 1,330.00 Capital Expenditures 4110-53 1,540.00 Civil Defense Operating Supplies 4150-21 398.00 Clerk Capital Expenditures 4051-53 164.00 Fire Repairs and Maintenance 4120~37 500.00 Adopted this 9th day of April 1979. ~T~easurer RESOLUTION CONSOLIDATING STREET AND STORM SEWER IMPROVEMENT NO. 350 WITH PREVIOUSLY COMBINED IMPROVEMENTS 341A (339, 341 AND 346), APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS FOR COMBINED PROJECT 341A BE IT RESOLVED by the City Council of the City of New Hope, Minnesota: 1. This Council heretofore held public hearings, ordered construction of and on July 25, 1978, consolidated Street Improvement No. 339 and Street and Storm Sewer Improvement Nos. 341 and 346 into a single improvement known as Street and Storm Sewer Improvement No. 341A. 2. This Council on November 13, 1978 held a public hearing, after duly published and mailed notice, for the construction of proposed Street and Storm Sewer Improvement No. 350, and ordered construction of said improvement on November 13, 1978. 3. This Council approved plans and specifications for Street and Storm Sewer Improvement No. 341A, as consolidated, on August 28, 1978, and rejected all bids for the construction of said improvement on the 10th day of October, 1978. 4. This Council has reviewed and approved plans and specifications for Street and Storm Sewer Improvement No. 350 as presented today by Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, and they are hereby approved and adopted as submitted. 5. Pursuant to the provisions ofM.S. § 429.041, Subd. 1, Improve- ment Nos. 341A and 350 are hereby consolidated in a single set of plans and specifications for bidding and contract purposes, and said consolidated improvement shall be identified as Street and Storm Sewer Improvement No. 341A. 6. The Clerk-Treasurer and the Engineer are hereby authorized and directed to advertise for bids in the New Hope-Plymouth Post, the official newspaper of the City, and in the Construction Bulletin for the construction proposed, said advertisement for bids to be substantially in accordance with the bid form attached hereto and made a part hereof. Adopted by the Council this 9th day of April, 1979. Attest: ~ ~/~ //~/~~ Edw ~. Erickson, Mayor ]~l~d'~t, Clerk Treasurer (Seal) A RESOLUTION PROTESTING THE USE OF TAX INCREMENT FINANCING FOR A LOCAL STORM SEWER PROJECT IN THE CITY OF BLOOMINGTON WHEREAS, the local press has reported that the City of Bloomington is proposing to install a local storm sewer system through the use of Tax Increment Financing, and WHEREAS, while such a project may meet the letter of the law, it is a direct violation of the spirit of the law, and WHEREAS, tax increment financing has the net affect of increasing the potential tax burden for every taxpayer outside the limits of the improvement district, and WHEREAS, the potential loss of tax revenue to other jurisdictions providing service within the area mandates that tax incre- ment financing be used only when the project to be under- taken can be shown to be of area wide benefit and other financing sources are not available, and WHEREAS, tax increment financing is currently the subject of review by the legislature because of concerns over past projects, a project of this type can only add to the concern and in- crease the potential for legislative controls, and WHEREAS, the New Hope City Council feels it is necessary to oppose the use of this method of financing for projects of limited local benefit in order to protect the citizens of New Hope from the potential of an additional tax burden, as well as to protect the integrity of the tax increment financing system, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope that: 1. The City of New Hope goes on record as opposing the use of tax increment financing for the local improvement type of project and does hereby urge the Bloomington City Council to reconsider the financing method to be used for their storm sewer project. The Hennepin County Board be encouraged in its opposition to the project. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to send copies of this Resolution to the Bloomington City Council and the Hennepin County Board. Adopted this 9th day of April, 1979. ~~~~~aw'· ~ ~ t~/ ATTEST: ~~k-Trjasur~r A RESOLUTION AUTHORIZING SUBMISSION OF GRANT APPLICATION WHEREAS, the City of New Hope needs to provide additional rental housing for the low and moderate income and elderly that now live or that wish to live in the City, and WHEREAS, there are some 92 units of apartment buildings in the City that are in need of repair, that could be renovated for housing of this type, and WHEREAS, there is now a Federal program that makes funds available for the purchase and renovation of such units, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope that the City Manager is hereby au- thorized and directed to prepare and submit an application for the securement of funds for the possible purchase and renovation of 92 apartment units located on Bass Lake Road and Yukon and Bass Lake Road between Nevada and Pennsylvania. Adopted this 23rd day of April 1979. //" Ma yor ~/C~-Treasurer A RESOLUTION ADJUSTING THE ~EAR V CDBG GRANT APPLICATION FOR THE CITY OF NEW HOPE WHEREAS, the City of New Hope has submitted a Year V CDBG application in the amount of $181,252, and WHEREAS, it now appears that the City will be eligible for an entitlement of $188,321, which is $7,069 more than the preliminary estimate, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope that the Year V CDBG application be adjusted to include an extra $7,069 in the pro- gram for Home Rental~Sale that was originally budgeted at $69,000 for a total program budget of $76,069. Adopted this 23rd day of April, 1979. ATTEST: ~~~ ' ~~reasurer - RESOLUTION APPOINTING ALTERNATE DIRECTOR TO THE BASSETT CREEK FLOOD CONTROL COMMISSION WHEREAS, the City of New Hope is a member of Bassett's Creek Flood Control Commission, and WHEREAS, on January 8, 1979, this Council did appoint Councilman Richard Plufka to serve as Alternate Commissioner for the City of New Hope until such time as a qualified citizen replacement indicated an interest in serving the City in this capacity, and WHEREAS, Mr. Jeffrey A. Johnson, 5426 Quebec Avenue North, New Hope, Minnesota has volunteered to serve. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of New Hope does hereby appoint Jeffrey A. Johnson as Alternate Commissioner for Bassett's Creek Flood Control Commission for said City as a replacement for Councilman Richard Plufka, with term expiring on February 1, 1980. The City Clerk-Treasurer is hereby directed to file a certified copy of this resolution with the Secretary of the Board of Commissioners of the Bassett's Creek Flood Control Commission, which resolution is to serve as official notice of appointment of Jeffrey A. Johnson as New Hope's Alternate Commissioner. Adopted by the New Hope City Council this 23rd day of April, 1979. ~rickson, Mayor ATTEST: ~~--~ Bet'ty~Po l~ot, City Clerk-Treasurer RESOLUTION RELATING TO STORM SEWER IMPROVEMENT TAX DISTRICT; PROVIDING FOR A PUBLIC HEARING THEREON, STORM SEWER IMPROVEMENT NO. 354 (BASSETT CREEK FLOOD CONTROL PROJECT) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: Section 1. Recitals. It has been proposed that the City Council adopt an ordinance establishing within the corporate limits of the City a Storm Sewer Improvement Tax District pursuant to Minnesota Statutes, Section § 444.17 (the District), that the City undertake an improvement within the District consisting generally of acquiring, construeting, reconstructing, extending, maintaining and improving storm sewer systems and related facilities within the District and the acquiring, constructing, maintaining and improving for the benefit of the District storm water holding areas and ponds within and without the corporate limits of the City (the Improvement), that the cost of the Improvement be recovered by the tax authorized in Minnesota Statutes, Section § 444.20, and that a public hearing be held on the question of whether the District should be established. The area of the City proposed to be included within the Distriet is described as follows: Premises in the State of Minnesota, County of Hennepin, City of New Hope in Township 118, Range 21, West, described as being within the following described boundary: Beginning at the south quarter corner of Section 20; thence northerly 2,325 feet + to the South line of the N 1/2 of the NE 1/4 of the SW 1/4; thence westerly 1,295 feet + to the west right-of-way line o~ the Minneapolis, Northfield and Southern Railroad; thence southerly 992 feet + to the North line of the SW 1/4 of the SW 1/4; thence westerly 3,888 feet + to the SW corner of the NW 1/4 of the SE 1/4 of Section 19; thence northerly 1,986 feet +_ along the centerline of Sec~n 19 to the North line of the S 1/2 of the SW 1/4 of the NE 1/4; thence easterly 1,305 feet + to the West line of the E 1/2 of the NE 1/4; thence northerly 1,330 feet + to the South line of the N 1/2 of the NE 1/4 of the NE 1/4; thence easterly 1,310 feet + to the East line of Section 19; thence southerly 1,990' +_ along the East line to the West quarter corner of Section 20; thenc~ easterly 655 feet + to the East line of the W 1/2 of the SW 1/4 of the NW 1/4; thence northerly 1,325 feet to the South line of the N 1/2 of th~-NW 1/4; thence easterly 1,320 feet + to the West line of the E 1/2 of the NE 1/4 of the NW 1/4; thence northerly 1,325 feet + to the North line of Section 20; thence easterly 660 feet + to the South quarter corner of Section 17; thence northe'~ly along the centerline of section to the center of SeetioI~ 17; thence westerly 268.15 feet; thence southerly 30 feet to the Northwest corner of Lot 1, Block 7, Gwynnco 2nd Addition; thence southwesterly 78.68 feet to the NW corner of Lot 1, Block 3, Gwynnco 2nd Addition; thence southwesterly 65 feet to the NW corner of Lot 2, Block 3, Gwynneo 2nd Addition; thence southwesterly 65 feet to the NW corner of Lot 3, Block 3, Gwynneo 2nd Addition; thence southwesterly 65 feet to the NW corner of Lot 4, Block 3, Gwynnco 2nd Addition; thence southwesterly 70 feet to the NW corner of Lot 5, Block 3, Gwynnoo 2nd Addition; thence southwesterly 70 feet to the NW corner of Lot 6, Block 3, Gwynnco 2nd Addition; thence southwesterly 55 feet to the NE corner ~f Lot 7, Block 3, Gwynnco 2nd Addition; thenee southwesterly 55 feet to the NE corner of Lot 8, Block 3, Gwynnco 2nd Addition; thence southwesterly 55 feet to the NE corner of Lot 9, Block 3, Gwynnco 2nd Addition; thence southwesterly 60 feet to the NE corner of Lot 10, Block 3, Gwynnco 2nd Addition; thence southwesterly 60 feet to the NE corner of Lot 11, Block 3, Gwynnco 2nd Addition; thence southwesterly 68 feet to the NE corner of Lot 12, Block 3, Gwynnco 2nd Addition; thence southwesterly 70 feet to the NE 'corner of Lot 13, Block 3, Gwynnco 2nd Addition; thence southwesterly 70.82 feet to the NE corner of Lot 2, Block 4, Gwynnco Addition; thence southwesterly 120.71 feet to the NW corner of Lot 2, Block 4, Gwynnco Addition; thence southwesterly 60 feet to the NE corner of Lot 9, Block 1, Gwynnco Addition; thence southwesterly 176.1 ft. to the NW corner of Lot 9, Block 1, Gwynnco Addition; thence westerly 105 feet to the West right of way line of the Minneapolis, Northfield and Southern Railroad; thence S33Q30' W 840 feet + to a point on the South line of the NW 1/4 of the SW 1/4, 850.i9 feet East of the West line of Section 17; thence westerly 400 feet along the South line of the NW 1/4 of the SW 1/4; thence northwesterly 685 feet + to a point on the West line of Section 17 1,842.48 feet North of the southwest corner of Section 17; thence North 789.38 fee}-to the West quarter corner of Section 17; thence West along the centerline of Section 18 1,440 feet +_; thence North 59© East 240 feet +_; thence North 34° East 110 feet +_; thence North 76° West 450 feet + to a point on the South line of the NW 1/4 of the NE 1/4, Section 18; thence northerly 125 feet + to the southwest corner of ~ot 14, Block 3, Sandra Terrace Addition; thence northerly 887.97 feet to the southeast corner ~f Lot 2, Block 3, Sandra Terrace Addition; thence westerly 37.68 feet to the southwest corner of Lot 2, Block 3, Sandra Terrace Addition; thence northeasterly 123.08 feet to the northwest corner of Lot 2, Block 3, Sandra Terrace Addition; thence northwesterly 280 feet + to the northeast corner of Lot 1, Block 2, Sandra Terrace Addition; thence westerly 130.01 feet to the northwest corner of Lot 1, Block 2, Sandra Terrace Addition; thence southerly 478.42 feet to the southeast corner of Lot 24, Block 2, Sandra Terrace Addition; thence westerly 130 feet to the southwest corner of Lot 24, Block 2; thence southwesterly 145 feet + to the southeast corner of Lot 7, Block 1, Midwestern Properties Addition; thence westerly 253.59 feet to the northeast corner of Lot 8, Block 1, Ridgeview Addition; thence southerly 544.27 feet to the centerline of County Road 9; thence westerly 1.015 feet +_ along the centerline of County Road 9 to the East line of the NW 1/4 of the NW 1/4 of Section 18; thence northerly along the East line of the NW 1/4 of the NW 1/4 of Section 18; 660 feet + to the South line of the North 463.50 feet of the NW 1/4 of the NW 1/4; ~thence westerly along the South line of the North 463.5 feet of the NW 1/4 of the NW 1/4 478 feet +; thence northerly 337 feet + to the southeast corner of Lot 13, Block 2, Gettysburg Hills Addition; thence northeasterly 138.13 feet to the northeast corner of Lot 13, Block 2, Gettysburg Hills Addition; thence westerly 12.4 feet + to the southeast corner of Lot 5, Block 6, Hillsborough Manor Addition, Section 7; thence northerly .130.28 feet to the ~rtheast corner of Lot 5, Block 6, Hillsborough Manor Addition; thence westerly 68.6 feet + to the northwest corner of Lot 5, Block 6, Hillsborough Manor Addition; thence northwesterly 68.6 feet +_ to the northWeSt corner of Lot 6, Block 6, Hillsborough Manor Addition; thence northwesterly 71.2 feet +_ to the northwest corner of Lot 7, Block 6, Hillsborough Manor Addition; thence northwesterly 116.1 feet + to the northwest corner of Lot 8, Block 6, Hillsborough Manor Addition; thence westerly 130.18 feet to the northwest corner of Lot 9, Block 6, Hillsborough Manor Addition; thence westerly 60 feet + to the northeast corner of Lot 11, Block 4, Hillsborough Manor Addition; thence westerly 210 feet ~ Wthe West line of SeCtion 7; thence southerly 225 feet + to the northwest corner of Section 18; thence southerly along the West line of Section 18 2,660.96 feet W the West quarter corner of Section 18; thence southerly along the West line of Section 18 to 2,660 feet to the northwest corner of Section 19; thence southerly along the West line of Section 19 2,657.34 feet to the West quarter corner of Section 19; thence southerly along the West line of Section 19, 2,650.86 feet to the southwest corner of Section 19; thence easterly along the South line of Section 19, 2,676.41 feet to the South quarter corner of Section 19; thence easterly along the South line of Section 19, 2,592.48 feet to the southwest corner of Section 20; thence easterly along the South line of Section 20, 2,589.89 feet to the South quarter corner of Section 20 and there terminating. Section 2. Public Hearing. A public hearing shall be held May 29, 1979 at 7:00 P .M. at the City Hall, 4401 Xylon Avenue North, in New Hope, Minnesota, for the purpose of considering the question of whether the District should be established (the Public Hearing). Section 3. Notice. The City Clerk-Treasurer is authorized and directed to publish in the New HoperPlymouth Post a Notice of Public Hearing on the question of whether the District should be established (the Public Notice). The Public Notice shall state the time, place and purpose of the Public Hearing, the general nature and estimated cost of the Improvement, the area proposed to be included within the District and the method in which the Ciy proposes to recover the cost of the Improvement. The Public Notice shall be published for t~o successive weeks, the last publication being not less than seven days prior to the Public Hearing. Not less than ten days before the Public Hearing the City Clerk-Treasurer shall cause notice thereof to be mailed to the owner of each parcel of land within the District. Dated the 23rd day of April, 1979 ' j Mayor Attest: f~~ City (~r~-Treasurer -2- NOTICE OF HEARING ON THE CREATION OF A STORM SEWER IMPROVEMENT TAX DISTRICT, STORM SEWER IMPROVEMENT NO. 354 (BASSETT CREEK FLOOD CONTROL PROJECT) New Hope, Minnesota To all Owners of all prot~.e.rty within the District described below: NOTICE IS HEREBY 6IVEN by the City Council of the City of New~Hope'~~ Mirmesota, that a public hearin~ will t)e held at 7:00 o'clock P.M on Tuesday, the 29th day of May, 1979, for the purpose of considering the creation of a Storm Sewer Improvement Tax District pursuant to Minnesota Statutes, Section § 444.17 and Chapter 429 (the District), and the making of storm sewer improvements within the area to be included in the District. The general nature of the storm sewer improvements consists of acquiring, constructing, reconstructing, extending, maintaining and improving storm sewer systems and related facilities within the District and acquiring, constructing, maintaining and improving for the benefit of the area within the District storm water holding areas and ponds within and without the corporate limits of the City of New Hope (the Improvements). The area of the City of New Hope to be included within the District and proposed to be taxed or assessed for the Improvements is described as: Premises in the state of Minnesota, County of Hennepin, City of New Hope in Township 118, Range 21, West, described as being within the following described boundary: Beginning at the south quarter corner of Section 20; thence northerly 2,325 feet + to the South line of the N 1/2 of the NE 1/4 of the SW 1/4; thence westerly 1,295 feet + to the west right-of-way line of the Minneapolis, Northfield and Southern Railroad; thence southerly 992 feet + to the North line of the SW 1/4 of the SW 1/4; thence westerly 3,888 feet + to the SW corner of the NW 1/4 of the SE 1/4 of Section 19; thence northerly 1,986 feet +_ along the centerline of Section 19 to the North line of the S 1/2 of the SW 1/4 of the NE 1/4; thence easterly 1,305 feet + to the West line of the E 1/2 of the NE 1/4; thence northerly 1,330 feet + to the South line of the N 1/2 of the NE 1/4 of the NE 1/4; thence easterly 1,310 feet +to the East line of Section 1~; thence southerly 1,990' + along the East line to the West quarter corner of Section 20; thence easterly 655 feet + to the East line of the W 1/2 of the SW 1/4 of the NW 1/4; thence northerly 1,325 feet to the South line of the N 1/2 of the NW 1/4; thence easterly 1,320 feet + to the West line of the E 1/2 of the NE 1/4 of the NW 1/4; thence northerly 1,325 feet + to the North line of Section 20; thence easterly 660 feet + to the South quarter corner of Section 17; thence northerly along the center]ine of section to the center of Section 17; thence westerly 268.15 feet; thence southerly 30 feet to the Northwest corner of Lot 1, Block 7, Gwynnco 2nd Addition; thence southwesterly 78.68 feet to the NW corner of- Lot 1, Block 3, Gwynnco 2nd Addition; thence southwesterly 65 feet to the NW corner of Lot 2, Block 3, Gwynnco 2nd Addition; thence southwesterly 65 feet to the NW corner of Lot 3., Block 3, Gwynnco 2nd Addition; thence southwesterly 65 feet to the NW corner of Lot 4, Block 3, Gwynnco 2nd Addition; thence southwesterly 70 feet to the NW corner of Lot 5, Block 3, Gwynnco 2nd Addition; thence southwesterly 70 feet to the NW corner of Lot 6, Block 3, Gwynnco 2nd Addition; thence southwesterly 55 feet to the NE corner of Lot 7, Block 3, Gwynnco 2nd Addition; thence southwesterly 55 feet to the NE corner of Lot 8, Block 3, Gwynnco 2nd Addition; thence southwesterly 55 feet to the NE corner of Lot 9, Block 3, Gwynnco 2nd Addition; thence southwesterly 60 feet to the NE corner of Lot 10, Block 3, Gwynnco 2nd Addition; thence southwesterly 60 feet to the NE corner of Lot 11, Block 3, Gwynnco 2nd Addition; thence southwesterly 68 feet to the NE corner of Lot 12, Block 3, Gwynnco 2nd Addition; thence southwesterly 70 feet to the NE corner of Lot 13, Block 3, Gwynnco 2nd Addition; thence southwesterly 70.82 feet to the NE corner of Lot 2, Block 4, Gwynnco Addition; thence southwesterly 120.71 feet to the NW corner of Lot 2, Block 4, Gwynnco Addition; thence southwesterly 60 feet to the NE corner of Lot 9 ,. Block 1, Gwynnco Addition; thence southwesterly 176.1 ft. to the NW corner of Lot 9, Block 1, Gwynnco Addition; thence westerly '105 feet to the West right of way line of the Minneapolis, Northfield and Southern Railroad; thence S33°30' W 840 feet +~to a point on the South line of the NW 1/4 of the SW 1/4, 850.19 feet East of the West line of Section 17; thence westerly 400 feet along the South line of the NW 1/4 of the SW 1/4; thence northwesterly 685 feet + to a point on the West line of Section 17 1,842.48 feet North of the southwest corner of Section 17; thence North 789.38 fee~-to the West quarter corner of Section 17; thence West along the centerline of Section 18 1,440 feet +; thence North 59° East 240 feet +; thence North 34~ East 110 feet +; thence North 76~ West 450 feet + to a point on the South line of the NW 1/4 of the NE 1/4, Section 18; thence northerly 125 feet + to the southwest corner of ~ot 14, Block 3, Sandra Terrace Addition; thence northerly 887-.97 feet to the southeast corner ~f Lot 2, Block 3, Sandra Terrace Addition; thence westerly 37.68 feet to the southwest corner of Lot 2, Block 3, Sandra Terrace Addition; thence northeasterly 123.08 feet to the northwest corner of Lot 2, Block 3, Sandra Terrace Addition; thence northwesterly 280 feet + to the northeast corner of Lot 1, Block 2, Sandra Terrace Addition; thence westerly 130.01 feet to the northwest corner of Lot 1, Block 2, Sandra Terrace Addition; thence southerly 478.42 feet to the southeast corner of Lot 24, Block 2, Sandra Terrace Addition; thence westerly 13~ feet to the southwest cormer o~Lot 24, Block 2; thence southwesterly 145 feet + to the southeast corner of Lot 7, Block 1, Midwestern Properties Addition; thence westerly 253.59 feet to the northeast corner of Lot 8, Block 1, Ridgeview Addition; thence southerly 544.27 feet to the eenterline of County Road 9; RESOLUTION APPROVING PLANS AND SPECIAL PROVISIONS COUNTY PROJECT 7839 FOR CSAH 156 AT 32ND AVENUE City of New Hope, Minnesota WHEREAS, Plans for Hennepin County Project No. 7839 showing the proposed traffic signals at the intersection of County State Aid Highway No. 156 at 32nd Avenue, together with the Specifications and Special Provisions for the construction thereof as a County Project have been prepared and presented to the City. NOW THEREFORE, IT IS RESOLVED, that said Plans, Specifications and Special Provisions be in all things approved. Dated this 14thday of Ma.¥ , 19 79 /J J ~ Mayor ATTEST: C~ CERTIFICATION STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of the City of New Hope at a meeting thereof held in the City of New Hope, Minnesota on the /~2Bqgnday of May , 19 79 , as disclosed by the records of said City in my possession. (SEAL) ~/~ ~ty Clerk-Treasurer ?£ RESOLUTION RELATING TO REDEVELOPMENT PLAN FOR 42ND/#18; APPROVING REDEVELOPMENT PLAN I FOR 42ND/#18 AND PROJECT i PURSUANT THERETO AND MAKING FINDINGS WITH RESPECT THERETO BE IT RESOLVED by the City Council of the City of New Hope (the City), as follows: Section 1. This Council has received the written opinion of the City Planning Commission approving the Redevelopment Plan for 42nd/#18 (the Plan) and a redevelopment project pursuant thereto (the Project), and on February 12, 1979 held a public hearing on the Plan and the Project (the Public Hearing) after notice of the Public Hearing was published in the New Hope-Plymouth Post not less than ten days nor more than thirty days prior to the date of the Public Hearing. Section 2. It is hereby found that: (A) The land located within the Project area would not be made available for redevelopment without the financial aid to be sought; (B) the redevelopment plans for the redevelopment areas in the locality will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the redevelopment of such areas by private enterprises; and (C) the Plan conforms to a general plan for the development of the locality as a whole. Section 3. The Plan and Project are hereby approved by this Council. Passed and adopted this /~/v* day of May, 1979. Attest: ~ ~/ ~ Mayor ~__~erk-Treasurer A RESOLUTION APPROVING SUBMISSION OF COMPREHENSIVE PLAN TO METRO COUNCIL WHEREAS, the City has completed work on the new Compre- hensive Plan, and WHEREAS, said Plan has been adopted by the Planning Commission and approved by the Council and a six month review has been provided for adja- cent governmental units, NOW, THEREFORE~ BE IT RESOLVED by the City Council, City of New Hope that the City Manager be and hereby is directed to submit said plan to the Metropo- litan Council for review and comment as required by law. Adopted this 14th.day of May, 1979. ATTEST: ~urer RESOLUTION REQUESTING 1978-7g LOCAL PLANNING ASSISTANC~ ' GRANT FUNDS FROM THE METROPOLITAN COUNCIl. WHEREAS, the Metropolitan Land Planning Act, Minnesota Sta- tutes Section 473.851-473.872, requires that the City of New Hope prepare and submit a Comprehensive Plan to the Metropolitan Council; and WHEREAS, the Metropolitan Council and the City of New Hope entered into a contract, numbered 7892 and dated. May 30, 1978 for a Local Planning Assistance Grant for 1976-77 grant funds in the amount of $4,911.00 to assist New Hope in carrying out the required planning, and WHEREAS, the total grants from the Metropolitan Council will not exceed 75% of the total cost ur 100% of the ~' remaining cost of carrying out the 'recuired planning- which is documented in Appendix A of the above referenced contract. NOW, THEREFORE, the City of New Hope 'recuests the additional 1978-79 grant funds and authorizes the City Manager to execute the Agreement Amen~v. ent to the above re- ferenced contract on behalf of the City of New Hope. Adopted by the~ity Council this 14th day of May,-197g. ' / ~ ~lerk'Treasurer -APPENDIX 8 .~!!~1 HETROPOLITAN COUIiCIL SUITE 300 HETRO SaUARE BUILDING, SAmT PAUL, MmNEsoTA 55101 1978-79 G~J~NT A~P~.ICATION CITY OF NEW HOPE 1, Name of Community HARLYN G. LARSON 2. N~me of Local Contact Person Address 4401 XYLON AVENUE NORTH NEW HOPE, MINNESO_TA 55428 Telephone 533-1521 3. Work Proara~ Outline on tko reverse sade the ma]or tasks and the total costs of those tasks which must be undertaken i= order =o prepare or update the oom~unit.v's Comprehensive Plan and prepare and adopt its official con:rols as required by =he .v~e:ropo!itan Land Planning Ac=. 4. Corn?lotion Dace JULY 1979 Est/mated completion date of ~he Work' Program i 5. Previous ?lann!nq Indicate .-' -~ ~ . _ . . ,ne...e~ this Work Program reflects the cost of u-~dating a previouslv prepared Plan and, if so, describe to what extent the plan(s) will be utilized 'in developing the community's Comprehens iva Plan. The City's Comprehensive Plan has been submitted to the Metro Council. There is an indication that we will need to add additional documentation in regard to the park and open space element. In addition, we need to complete legal and mapping work on the Zoning Ordinance. 6. Other Financial Assistance List ~nounts and sources of financial assistance other than this grant program which will be used toward the Work Program costs shown on the reverse side of this application. Ail planning work will be financed by the grant and local funds. It is anticipated tha't local funds for staff time and reproduction costs will total some $3,000. -n.~t_eme..~s Recuested a. Co~nunity Comprehensive Planning Fund Entitlement for [976-77 $ 4,911 b. Inventory Activity Fund Entitlement for I~76-77 # $ c. 1978-79 Grant En=itl~ent $ 3,630 TOTAL* S 8,541 *Total grant ~nount requested may no~ exceed either 75 percent of the total cost of the Work Program or may no~ exceed 100 percen~ of the RemainSng Cos~, bo~b of which are shown on reve~Seo Attach a copy of =he resolution by ~he governing body transmitting this application. A-OPENDrX ~ (continued) Name of Community.' CITY OF NEW HOPE Wo~. rogra~ Total Cost of Performe~ Major Tasks: Major Task: 1 by: 2 I. Land Use Plan ' A. Inventory3 B. Develo?ment Of City Staff-Larson Policies and Plans~ Midwest Plannin"g and 1. Land Use $ 1,000 Research 2. Protectio~ $ 2,000 3. Housing · ' $ 1,000 4. Airport-reiated considerations II. Facilities Pia~ __ A. Inventory3 . . 2. Development of : Policies and Plans: Barton-Aschman ' 1. Trans. portatio~ $ i,500 Associates, Inc. 2. Sewer Policy $ ~00 Bonestroo ,Rosene ,Ander 3. Parks and Open Space $ 1,000 City Staff Iii. --.~.~.entation Program .. Inven. tory3 ' "-' Progre-T.s ~r Descriptions: : - ' - U" "- 1. Official Controls 2. Capital Improvements $ 760 City Staff 3. Housing implementation $ 2,500 ~ ' ' ' Official Controls $ 2,500 Tctal Cost of Work Progra~ $12,760 William C°rrick'Att°r~lY ' Other Financial Assistance R~maining Cost $12,760 ! lincludes all costs defined as included in the total cost of the work program. ~Lead person(si, firm(s) or agency(s) responsible for the performance of the major tasks of the work program. If indefinite a~ presen:, provide your bes~ estimation and indicate that i~ iS tentative. 3- . communities that are eligible for Inventory Activity Grant entitlements, s~e~£fy ([1 the .gible activities to be undertaken, and (2] the cos~ to the community. RESOLUTION ASSIGNING RESPONSIBILITY FOR THE FUNCTIONS OF THE FORMER NEW HOPE PARK AND RECREATION COMMISSION TO THE CITIZENS ADVISORY COMMISSION BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The duties and responsibilities of the former New Hope Park and Recreation Commission are hereby assigned to the New Hope Citizens Advisory Commission. 2. The Commission shall have the following powers and duties: (a) To submit an annual report not later than July 31 which shall contain a summary of park and recreation activities for the past year and suggestions for improvements or changes in recreational programs offered, park facilities maintained or capital improvements needed within the park and recreational system of the City. (b) To submit other reports or information to the Council as requested or as the Commission deems appropriate in light of the matter under consideration. (c) To be knowledgeable of desirable park and recreation standards and evaluate the manner of the City's application of these standards to its program. (d) To develop and review plans for the organization and develop- ment of park and recreation facilities. (e) To develop and recommend to the Council rules and regulations for the use by the general public of park and recreation facilities and programs. (f) To foster a working relationship between the City and School District No. 281 for the joint use of facilities for park and recreational programs. (g) To foster compatible relationships with neighborhoods, surrounding park areas and individual citizens relative to park and recreation programs, and to provide hearings for groups or individuals regarding park and recreational policies and rules. (h) To consider proper names and classification of park property. 3. This resolution is effective upon its passage. Dated the /~.~?. day of May, 1979. Ed~/J'~ Erickson, Mayor ~£Trea~urer -2- CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF SCIENCE INDUSTRY PARK BE IT RESOLVED by the Council~of the City of New Hope, Minnesota as follows: 1. It is hereby found and determined by this Council that the plat of land described in the title of this resolution is ac- cepted under the subdivision regulations of the City and that a public hearing has been duly held thereon. 2. This Council, as the platting authority provided by' Chapter 670, Laws of 1965, does hereby approve the said plat. $. The Mayor and Clerk are hereby authorized to sign the final plat.. ~/ f ' y tes ~~_~ z~ ~-~ ,~ Cl~k-Treasurer CERTIFIC~ION ~E OF MINNESOTA SS COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the Ci~ of New Hope, hereby attest and certi~ that: {1) as such officer, I have the legal custo~ of the original Resolution of which the foregoing is a true and correct coN: (2) that said Resolution was duly adopted at a meeting of the CiO Council of said Ci~ on the date hereafter indicated; and ..~ (3) said meeting was duly held, pursuant ~o call and notice there- of as required ~ law, on May 14, 1979 . Witness ~ hand and the seal of said Ci~ this d~ of , 19 . ~ Ci~ Clerk-Treasurer RESOLUTION SETTING FORTH CONDITIONS ON PLAI APPROVAL OF SCIENCE INDUSTRY PARK BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. The plat of land described in the title of this resolution has heretofore been approved by this Council. 2. The City Attorney is hereby directed to hold the hardshells of said plat until the following conditions for release and delivery have been met: (a) The Developer shall execute and deliver to the City a "Development Contract" secured by a "Development Bond" in an amount and with surety and conditions satisfactory to the City to assure to the City that driveway approaches, street signs, boulevard improvements, and other necessary improvements be constructed and installed to City specifications; (b) The Developer has delivered to the City an ~abstract of title in customary form and the City Attorney, after a title examination thereof, reports that the persons purporting to dedicate the public streets and easements in said plat have sufficient and good title in the lands platted to do so. (c) Additional conditions: 3. BE IT FURTHER RESOLVED THAT: Upon approval by the City Attorney of the "Development Contract" and surety as required by paragraph 2 (~) above, the Mayor and the City Manager are authorized to accept and sign the "Development Contract" and aforesaid surety, which surety shall be in the form of a · etter of Credit from the First National Bank of St. Paul in an amount of at least $34t575.00, as determined by the City Engineer. Adopted by the Council this 14thday of May ]9 79 ~rk-Treasurer - RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. 354 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 29th day of May, 1979 at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Storm Sewer Improvement No. 354 (Bassett Creek Flood Control Project) of the City, after notice of said hearing was duly published as re- quired by law in the New Hope-Plymouth Post, the official newspaper of the City, on May 10 and 17, 1979. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; this Council further notes that the estimated cost of the improvement as specified in the mailed notice was less than the estimated cost as presented at the public hearing due to the fact that capitalized interest had been omitted from the mailed notice, as well as from the first published notice; this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and ail parcels within the area proposed to be assessed in accordance with and as required by law. 3. The Notice of Public Hearing was published in the official newspaper of the City for two successive weeks. The estimated cost of the improvement contained in the first publication was incorrect, since the estimated cost failed to include interest during the construction of the improvement as noted in the preceding paragraph. The estimated cost contained in the second publication was amended to include interest during the construction of the improvement. 4. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 5. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the Notice of Public Hearing pertaining thereto. Adopted by the City Council this 29th day of May, 1979. Attest: ~ . Betty P~tliot, Clerk-Treasurer (Seal) -2- CERTIFICATION OF MINUTES RELATING TO $1,000,000 CO~RCIAL DE~LOP~NT ~NUE NOTE (WITC~R CONSTRUCTION CO~Y PROJECT) issuer: City,of New Hope, Minnesota Governing Body: City Co~cil Kind, date, time and place of meeting: a regular meeting held on May 29 , 1979, at 7:00 o'clock, ~.M., at the City Hall . Me~ers present: Erickson~ Enck~ Hokr~ 0tten~ Plufka Members absent: None Documents attached: Minutes of said meeting (pages): RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DE- VELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS (WITCHER CONSTRUCTION COMPANY PR03ECT) I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the above-stated obligations, certify, that the documents described above and attached hereto have been transcribed from and carefully compared with the corporation's original records in my legal custody; that the documents are a correct and complete transcript of the minutes of a meeting of the Corporation's governing body and correct and complete copies of all resolutions, other actions taken and documents approved at the meeting by the governing body so far as they relate to the obligations; and that the meeting was duly held by the gcverning body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on .May 29 , 197~.. · I / Signature Betty Pouliot, Clerk-Treasurer Name and Title (SEAL) Member Enck introduced the following resolu- tion and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE .COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING EXECUTION OF A MEMORD/{DUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS (WITCHER CONSTRUCTION COMPANY PROJECT) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: 1. It is hereby found, determined and declared as follows: 1.1. The Minnesota legislature has enacted Chapter 474, Minnesota Statutes, which is cited as' the "Municipal Industrial Development Act" (the Act), under which the City .is authorized to issue revenue bonds for the purpose of providing financing for the acquisition, .construction and equipping of projects consisting of real and personal properties used or useful in connection with a revenue-producing enterprise engaged in any business. 1.2~ In enacting the Act, the Legislature found that the welfare of the state requires the active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental action to prevent so far as possible the emergence of blight, and areas of chronic unemployment and that it is the policy of the. State to encourage action by local govern-. mental units to prevent such economic deterioration.. 1.3. Witcher Construction Company, a Minnesota corpora-- tion (hereinafter, the Company), has advised this Council of its desire to acquire, construct and equip on certain land in the City an office and warehouse facility (the Project). 1.4. The existence of the. Project within the City would significantly increase the tax base of the'City, County and school district in which the City is located, and would provide opportuni- ties for employment for residents of the City and surrounding area. 1.5. This. Council has been advised by representatives of'the Company that conventional, commercial financing to pay the capital cost of the Project has not been obtained and is available only on a limited basis and at such high costs and on such terms of borrowing that the economic feasibility of'acquiring, construct- ing, equipping and operating the Project would be significantly impaired; however, representatives of the Company have also advised the City that the use of municipal financing and the lower borrow- ing cost resulting therefrom will materially increase the economic feasibility of. the Project and will constitute a substantial induce- ment to undertake the Project. 1.6. The company has prOposed that the City issue and sell its commercial development revenue note or notes (the Notes) pursuant to the Act for the purpose of financing the Project, in- cluding certain expenses incidental thereto, in the approximate principal amount of $1,000,000 and loan the proceeds realized upon the sale of the Notes to the Company or a Minnesota partnership to be formed in which the principal shareholders of the Company will be general partners (hereinafter whether the Company or said partnership, the Borrower) pursuant to a revenue agreement (the Revenue Agreement) wherein the Borrower will be obligated to ac- quire, construct and equip the Project, to apply the proceeds of the Notes solely to the payment of the costs thereof and to make payments under the Revenue Agreement at the time and in the amounts sufficient to prOvide. for the prompt payment of the principal of, premium, if any, and interest on the Notes and all costs and ex- penses of the City incident to the issuance and sale of the Notes; the proposal further provides that'.the Project will be mortgaged and a security interest therein granted and the City's right and interest in the RevenueAgreement pledged for the benefit and security of the holders from time to time of the No~es. 1.7. The undertaking of the proposed Project and the issuance of'the Notes to finance the costs thereof will further and promote the public purposes and legislative objectives of the Act by encouraging the development ora revenue-producing enter- prise within the City, by.increasing, the tax base of the City and overlapping taxing jurisdictions, by providing additional employ~ ment opportunities'for residents of the City and surrounding area and by stimulating the development of lands within the City. 1.8. The full faith and credit of the City will not be pledged or responsible for.the Project or the payment of the print cipal of and interest on the Notes. . 1.9. This Council has also been advised by a represen- tative of Eberhardt Company of Minneapolis, Minnesota (the Mortgage Banker), mortgage bankers, that on the basis of information sub- mitted to them and their discussions with representatives of the Borrower and potential buyers of tax'exempt Notes, the Notes in the apprOximate principal amount of $1,000,000 could be issued and sold upon terms and conditions.satisfactory to the City and the Borrower to finance the Project. 2. On the basis of information given the City to date, it apPears that it would be in the best interest of the City to issue the Notes under the provisions of the Act to finance the Pro- ject at a cost presently estimated to be approximately $1,000,000. 3. The undertaking of the Project and the issuance of the Notes Pursuant to th.e Act in the approximate principal amount of $1,000,000 to finance the costs thereof all as referred to above is hereby'authorized and approved by the City, subject to the ap- proval of the Project by the Commissioner of Securities and to the mutual agreement of'this Council, the Borrower and the Mortgage -2- Banker as to the detailed terms and conditions on which the Pro- ject will be financed~ the terms and conditions on which the Notes will be issued, sold and secured and the terms and conditions of the Revenue Agreement and other instruments and proceedings relat- ing to.the Notes; the agreement of the City must be evidenced by a resolution (the final resolution) of this Council authoriz£ng the issuance of the Notes for the purpose of financing the Project and authorizing the execution of the.necessary documents. This Council specifically reserves the right to decline to issue the Notes, without obligation, 'if it determines subsequent to this resolution that the Project is not in the best interest of the City. In all events, it is understood, however, that the Notes shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project, and each Note, when, as and if issued, shall recite in substance that the Note, including interest thereon, is payable solely from the' revenues received from the Project and property pledged to the payment thereof and shall not constitute a debt of the City. 4. The form of Memorandum of Agreement between the City and the Borrower and relating to the issuance of the Notes of the City to finance the cost of the Project is hereby approved and the Mayor and City Clerk-Treasurer are hereby authorized and directed to execute the Memorandum of Agreement on behalf of the City. 5. In accordance with Section 474.01, Subdivision 7 of the' Act, the Mayor is hereby authorized and directed to submit an 'application to the Commissioner of'Securities for his approval of the Project. The Mayor, City Clerk-Treasurer, citY Attorney and other~officers, employees and agents of the City are hereby autho- rized to provide the Commissioner with any preliminary information he.may need for this purpose. The City Attorney is also authorized in cooperation with Dorsey, Windhorst, Hannaford, Whitney & Halladay, aS bond counsel, to initiate preparation of suck documents as may be. appropriate to the Project in order that, when and if the Project is approved by the Commissioner, it may be carried forward expedi- tiously. The Mayor and City Clerk-Treasurer are hereby authorized and directed, when and if the Notes are issued, to submit to the Department of Economic Development information concerning the Pro- ject as required by Subdivision 8 of. Section 474.01, Minnesota Statutes. The motion for the adoption of the foregoing resolution was seconded by Councilperson 0tten and, upon vote being taken thereof, the following voted in favor thereof: Erickson, Enck, Hokr, Otten and Plufka, and the following voted against the-same: None whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and attested by the City Clerk-Treasurer. .~~~~ / /[ Mayor ' City/ Clerk-Treasurer -4- MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, dated, as of M~¥ 29 , 1979, between the City' of New Hope, Minnesota (the City), and Witcher Construction. Company, a Minnesota corporation (the Company), provides as follows: 1. Preliminary Statement. Among the.matters of mutual inducement whiCh have res"~lted in"this Agreement are the following: (a) The City is authorized and ~mpowered by the provisions of Chapter 474, Minnesota Statutes, as· amended (the Act), to issue revenue bonds to defray the costs of a project, as de- fined in the Act~. (b) The Company has proposed that the City, pursu- ant to the Act, issue its commercial development revenue note or notes (the NoteS)· to defray the costs to be incurred in connection with the acquisition~ construction and equipment on certain lands in the City of an office and warehouse facility (the Project), and that the City and the Company or a Minnesota partnership to be ~'formed in which the principal shareholders of the Company will be general partners (hereinafter whether the Company or the partner~ ship, the Borrower)enter into a loan agreement or similar agree- ment satisfying the requirements of the Act (the Revenue Agreement). (c)~ The Borrower wishes to obtain satisfactory assurance from the City that the proceeds of the Notes of .t~e City will be made available to finance the Project.~ (d) Subject to due compliance with all requirements of law and by virtue of such Statutory authority as may now or here~ after be conferred by the Act, the City will issue and sell the Notes in-an amount not exceeding $1,000,000 to pay the costs of the Project. ' (e) The Notes shall be limited obligations of the City and the principal of and interest-on the Notes shall be pay- able solely out of revenues derived'from amounts payable to the City by the Borrower pursuant to the terms of the Revenue Agreement. 2. Undertaking on the Part of the City. Subject to the conditions stated in (d) of paragraph 1 hereof, the City agrees as follows: (a) That it will authorize the issuance and sale of the Notes, pursuant to the terms of the Act as then in force. (b) That, if it issues and sells the Notes, it will, as requested by the Borrower, enter into the Revenue Agreement with the Borrower. The loan payments or other amounts payable under the Revenue Agreement will be sufficient to pay the principal and inter- est and redemption premium, if any, on the Notes as and when the same shall become due and payable. 3. UndertakSn~s on the Part of the Borrower. The Bor- rower agrees as follows: (a) The Borrower will use all reasonable efforts to find one or more purchasers for the Notes. (b) That, contemporaneously with the delivery of the Notes, the Borrowerwill enter into the Revenue Agreement with the City under the terms' of which the Borrower will provide security to the City for payment of sums sufficient in the aggregate to pay the principal of, premium, if any, and interest on the Notes as and when the same shall become due and payable. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Borrower under paragraph 3 .. · hereof are subject to the condition that within fifteen (15) months from the date hereof (or such other date as shall be mutually satis- factory to the City and the Borrower), the City and the Borrower shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Notes and of other instruments and pro- ceedings relating to the Notes; the agreement of the City will be evidenced by a resolution authorizing the issuance of the Notes. (the final resolution). The City specifically reserves the right to'decline to issue the Notes, without obligation, if it .determines subsequent to the resolution giving preliminaryapproval to the Project, adopted by the City Council on May 29, 1979, that the Pro- ject.is not in the.best interest of the City. (b) If the events set forth in (a) of this paragraph do not take place within the time set forth or any extension thereof, the Borrower agrees that the City will be reimbursed for all reason- able and necessary expenses it may incur arising from the execution of this Agreement and the performance by the City of its obligations hereunder and this Agreement shall thereupon terminate. IN WITNESS WHEREOF, the pa~ties hereto have entered into this' Agreement by their officers thereunto duly authoriZed on o /~ ~.? , 1979. ! .CITY OF NEW HOPE, MINNESOTA WITCHER CONSTRUCTION COMPANY By Its -3- RESOLUTION TO TRANSFER UNCLAIMED DEPOSITS HELD IN ESCROW FUND TO GENERAL FUND WHEREAS, monies have been deposited in the Escrow Fund as follows: Date Description Amount Prior to 1969 Minneapolis Star $ 50.00 1971 Police Case 130.00 1973 Mrs. Bosacker 111.22 (Bosacker Memorial) Total $291.22 WHEREAS, the above monies have not been spent or claimed as of this date, and WHEREAS, these funds should be recognized and removed from the Escrow Fund, NOW, THEREFORE, BE IT RESOLVED, that the $291.22 presently held in escrow be transferred to General Fund Surplus. Adopted this 29th day of May, 1979 · ' V City Clerk CERTIFICATION OF MINUTES RELATING TO $1,400,000 INDUSTRIAL DEVELOPMENT REVENUE NOTE (KEELOR STEEL, INC. PROJECT) Issuer: City of New Hope, Minnesota Governing body: City Council Kind, date, time and place of meeting: a regular meeting held May 29, 1979, at 7:00 o'clock P.M. in the City Hall, New Hope, Minnesota. Members present: Erickson, Enck, Hokr, Otten, Plufka Members absent: None Documents attached: Minutes of said meeting (pages): I through 4, including: RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL, AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS (KEELOR STEEL, INC. PROJECT) I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said cor- poration in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 29th day of May, 1979. ~~~~ ~B~J~t~I~o~liot, City Clerk-Treasurer (SEAL) Motion for the following resolution was made by Councilperson Enck RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL, AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS (KEELOR STEEL, INC. PROJECT) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: Section 1. Recitals. 1.01 The Legislature of the State of Minnesota, in Minnesota Statutes, Chapter 474, as amended (the Act), has found and declared ti~at the welfare of the State requires active promotion, attraction, encouragement and develop- ment of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment; has authorized municipalities to issue revenue bonds to finance, in whole or in part, the costs of the acquisittion, construction, reconstruction, improvement and betterment of project, including any properties, real or personal, used or useful in connection with a revenue-producing enter- prise engaged in any business; and has authorized municipalities to enter into "revenue agreements," as defined in the Act, with any person, firm, or public or private corporation or federal or state governmental subdivision or agency (the Contracting Party) providing for. the payment by the Contracting Party of amounts sufficient to provide for the prompt payment of principal of and interest on the revenue bonds. 1.02 Pursuant to the authority of the Act, it has been Proposed that the City issue its industrial revenue note or notes (the Notes) pursuant to the Act, in an amount sufficient to pay all or part of the costs of the acquisition of certain land and one or more buildings thereon used in the operation of a manufacturing facility located within the City at 5101 Boone Avenue North, and the acquisition and construction of capital improvements thereto and the acquisition and installation of equipment thereon, to be used by Keelor Steel, Inc., a Minnesota corporation (the Company) as a manufacturing facility (the Project), and to make the proceeds of the sale of the Notes available to the Company, who will agree, pursuant to a revenue agreement as defined in the Act (the Revenue Agreement), to pay promptly the principal of and interest on the Notes, and to cause the acquisition, construction, improvement and equipping of the Project. The proposal further provides that the Project will be mortgaged and a security interest therein granted and the City's right and interest in the Revenue Agreement pledged for the benefit and security of the holders from time to time of the Notes. The Project is presently estimated to cost $1,400,000. The Company is presently the lessee of the ]and and the one or more buildings thereon located at 5101 Boone Avenue North and uses the existing manufacturing facility in the operation of its busines. 1.03 The construction, improvement and equipping of the Project would add to the tax base of the City, County and School District in which the City is located, and would provide increased opportunities for employment for residents of the City and surrounding area. 1.04 The City has .been advised that conventional commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing, and its resulting low borrowing costs, the Project is economically more feasible. 1.05 The City has been advised that the Notes of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.06 The full faith and credit of the City will not be pledged or respon- sible for the Project or the payment of the principal of a'nd interest on the Notes. Section 2. Approvals and Authorizations. 2.01 On the basis of the information given the City to date, it appears that it would be in the best interest of the City to issue the Notes under the provisions of the Act to finance all or part of the costs of the Project. 2.02 Subject to the qualifications contained herein and in paragraph 4.01 hereinafter, the Project is hereby given preliminary approval by the City and the issuance of the Notes for such purposes and in an amount not to exceed $1,400,000 approved, subject to approval of the Project by the Commissioner of Securities and to the mutual agreement of this Council, the purchasers of the Notes, and the Company as to the detailed terms and conditions on which the Project will be financed, the terms and conditions on which the Notes will be issued, sold and secured and the terms and conditions of the Revenue Agreement and other instruments and proceedings relating to the Notes; the agreement · of the City must be evidenced by a resolution (the final resolution) of this Council authorizing the issuance of the Notes for the purpose of financing the Project and authorizing the execution of the necessary documents. This Council specifically reserves the right to decline to issue the Notes, without obligation, if it determines subsequent to this resolution that the Project is not in the best interest of the City. -2- 2.03 In accordance with law, the Mayor is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities for her approval of the Project. The Mayor, City Clerk, City Attorney and other officers, employees and agents of the City are hereby authorized to pro- vide the Commissioner with any preliminary information she may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. 2.04 The form of Memorandum of Agreement between the City and the Borrower and relating to the issuance of the Notes of the City to finance the cost of the Project is hereby approved and the Mayor and City Clerk'Treasurer are hereby authorized and directed to execute the Memo~;andum of Agreement on behalf of the City. Section 3. Special obligations. In all events, it is understood, however, that the Notes shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project, and each Note, when, as and if issued, shall recite in substance that the Note,' including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof and shall not constitute a debt of the City. Section 4. General. 4.01 Ail commitments of the City expressed herein are subject to the condition that within twelve months from the date of adoption of this resolution (or such other date as shall be mutually satisfactory to the City and the Company) the City and the Company shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Notes and of the other instruments and proceedings relating to the Notes. 4.02 If the events set forth herein do not take place witin the time set forth above or any extension thereof, and the Notes are not sold within such time, the Company agrees that it will reimburse the City for all reasonable and necessary expenses which the City may incur in the performance by the City of its authorizations and approvals hereunder. '~e '~ .~/'.~-J. Erickson,.. Mayor Attest: ~ ~ asurer (Seal) -3- The motion for the adoption of the foregoing resolution was duly seconded by Member Plufka , and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Otten, Hokr, Plufka and the following voted against the same: None whereupon the resolution was declared duly passed and adopted and was signed · by the Mayor, which Was attested by by the City Clerk-Treasurer. -4- MEMORANDUM OP A~REEMENT (KEELOR STEEL, INC. PROJECT) THIS MEMORANDUM OF AGREEMENT, ~dated as of May 29, 1979; between the City of New Hope, Minnesota (the City), and Keelor Steel, Inc., a Minnesota corporation (the Company), provides as follows: 1. Preliminary Statement. Among the matters of mutual induce- ment which have resulted in this Agreement are the following: (a) The City is authorized and empowered by the provisions of Chapter 474, Minnesota Statutes, as amended (the Act), to issue revenue bonds to defray the costs of a project, as defined in the Act. (b) The Company has proposed that the City, pursuant to the Act, issue its commercial development revenue note or notes (the Notes) to defray the costs to be incurred in connection with the acquisition of a building and adjacent land and construction of capital improvements thereto and the acquisition and installation of- equipment thereon and thereat to be used as a manufacturing facility on certain lands in the City (the Project), and that the City and the Company (the Borrower) enter into a loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Agree- ment). (c) The Borrower wishes to obtain satisfactory assurance from the City that the proceeds of the Notes of the City will be made available to finance the Project. (d) Subject to due compliance with all requirements of law and by virtue of such statutory authority as may now or here- after be conferred by the Act, the City will issue and sell the Notes in an amount not exce%ding $1,400,000 to pay the costs of the Project. (e) The Notes shall be limited obligations of the City and the principal of and interest on the Notes shall be payable solely out of revenues derived from amounts payable to the City by the Borrower pursuant to the terms of the Revenue Agreement. 2. Undertaking on the Part of the City. Subject to the conditions stated in (d) of paragraph 1 hereof, and in (a) of paragraph 4 hereof, the City agrees as follows: (a) That it will authorize the issuance and sale of the Notes, pursuant to the terms of the Act as then in force. (b) That, if it issues and sells the Notes, it will, as -~equested by the Borrower, enter into the Revenue Agreement with the Borrower. The loan payments or other amounts payable under the Revenue Agreement will be sufficient to pay the principal and interest and redemption premium, if any, on the Notes as and when the same shall become due and payable. 3. Undertakings on the Part of the Borrower. The Borrower agrees as follows: (a) The Borrower will use all reasonable efforts to find one or more purchasers for the Notes. (b) That, contemporaneously with the delivery of the Notes, the Borrower will enter into the Revenue Agreement with the City under the terms of which the Borrower will provide security to the City for payment of sums sufficient in the aggregate to pay the principal of, premium, if any, and interest on the Notes as and when the same shall become due and payable. 4. General Provisions. (a) All commitments of the City under Paragraph 2 hereof and of the Borrower under paragraph 3 hereof are subject to the condition that within fifteen (15) months from the date hereof (or such other date as shall be mutually satisfactory to the City and the Borrower), the City and the Borrower shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement-, the Notes and of other instruments and proceedings rev lating to the Notes; the agreement of the City will be evidenced by a resolution authorizing the issuance of the Notes (the final reso- lution). The City specifically reserves the right to decline to issue the Notes, without obligation, if it determines subsequent to the resolution giving preliminary approval to the Project, adopted by the City CounCil on May 29, 1979, that the Project is not in the best interest of the City. (b) If the events set forth in (a) of this paragraph do not take place within the time set forth or any extension thereof, the Borrower agrees that the City will be reimbursed for all reason- able and necessary expenses it may incur-arising from the execution of this Agreement and the performance by the City of its obligations hereunder and this Agreement shall thereupon terminate. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers, thereunto duly authorized on May 29, 1979. CITY OF NEW HOPE, MINNESOTA KEELOR STEEL, INC. //' Edw/ J..~/~ickson, MaYor Ken~h J. ~i. orana, President B ~arl~y~G. ~, Manager By D~H~~~e~ntr : -~..~ _ . RESO'LUT~ION -AUTHORIZING WAIVER .OF PLATTING REGULATION WITHIN THE CITY OF'NEW HOPE, MINNESOTA PRESENT PLAT 62224 PARCELS 7565 & 7570 (FOR HARTZEL RICHARDS, PETITIONER-'LBEANNING CASE 79-32) BE IT RESOLVED by the City Council of the City of New Hope: 1. That-Section 462.358, Subdivision 6, of the Laws of 1965, Ch. 670, provides that Subdivision regulations may provide for a PrOcedure for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon specific grounds set forth in the regulations. 2. That Section 4.581 of the New Hope City Code provides that in any case in which compliance with the platting restrictions will create an unnecessary hardship and failure to comply does not interfere with 'the purpose of the Subdivision regulations, the platting authority (the City Council) may waive such compliance by adoption of a resolution to that effect, and that the conveyance may 'then be filed and recorded. 3. That this Council hereby finds and determines that as to premises deScribed.in paragraph 4 hereinafter, compliance with the platting restrictions of the City of New Hope will create an unnecessary hardship on the owner or petitioner, and fail-ure to comply does not interfere with the purpose of the Subdivision regulations in this instance, and the platting authority of the City of New Hope does hereby waive such compliance, and authorize the filing and recording of conveyances using substantially the legal description contained in the following paragraph: 4. Premises in the County of Hennepin, State of Minnesota described as follows: A) That part of Lot 42 corresponding to the W 10 Rods of E 11 Rods of SE¼ of SW¼, Section 5, Township 118, Rang6 21, lying N of the S 151 92/100 feet thereof, except roads,' Auditor's Subdivision No. 226 B) S 151 92/100 feet of that part of Lot 42 corresponding to the W 10 Rods of E 11 Rods of SE¼ of SW¼, Section 5, Township 118, Range' 21, except roads, Auditor's Subdivision No. 226. Dated this llth day of June , 197 79. C~rea'surer .% RESOLUTION VACATING STREET EASEMENT ACROSS LOT 13, BLOCK 2, COOPER HERMAN ADDITION, CITY OF NEW HOPE, COUNTY OF HENNEPIN, STATE OF MINNESOTA, RESERVING TO THE CITY A SANITARY SEWER EASEMENT BE IT RESOLVED by the City Council of the City of New Hope, County of Hennepin, State of Minnesota, as follows: 1. Pursuant to duly posted and published notice in the New Hope- Plymouth Post, the official newspaper of the City, for two weeks heretofore, a public hearing was held by this Council on the 11th day of June, 1979 pertaining to the petition of Irving Herman, Frances M. Herman, Scott Cooper and Deborah Cooper, the fee owners, for the proposed vacation of a street easement over Lot 13, Block 2, Cooper Herman Addition in the said City of New Hope, County of Hennepin, State of Minnesota. 2. After affording an opportunity to be heard to all persons who cared to be heard as to the said proposed vacation of said street easement, this Council finds and determines that it appears in the best interest of the public to vacate the said street easement and it is hereby declared to be vacated, pursuant to Minnesota Statutes § 412.851 and § 462. 358, Subd. 7, subject to the condition precedent that the fee owners of said lot convey back to the City of New Hope a permanent easement for sanitary sewer operation and maintenance over the following described premises in the City of New Hope, County of Hennepin, State of Minnesota: The East 15 feet of the West 30 feet of Lot 13, Block 2, Cooper Herman Addition 3. The Clerk-Treasurer is hereby directed to present to the proper officers of Hennepin County, Minnesota, Notice of Completion of said Vacation Proceedings in accordance with § 117.19 of Minnesota Statutes. Dated this 11th day of June, 1979. (Seal) CERTIFI CATION I, Betty Pouliot, being the duly appointed Clerk-Treasurer of the City of New Hope hereby certify that the above Resolution is a true and correct copy of a Resolution duly adopted by the City Council of the City of New Hope the 11th day of June, 1979. ot, Clerk-Treasurer (Seal) STATE OF MINNESOTA) NOTICE OF COMPLETION OF VACATION OF STREET EASEMENT COUNTY OF HENNEPIN) SS ACROSS LOT 13, BLOCK 2, COOPER HERMAN ADDITION, CITY OF NEW HOPE ) CITY OF NEW HOPE, COUNTY OF HENNEPIN, STATE OF MINNESOTA NOTICE IS HEREBY GIVEN, that the City of New Hope, in the County of Hennepin, State of Minnesota, has completed the proceedings for the vacation of a street easement; that said proceedings were completed on the 11th day of June, 1979; that said proceedings were taken and completed by the City of New Hope, County of Hennepin, State of Minnesota. A description of the real estate and land affected by the vacation of said street easement is contained in the resolution dated June 11, 1979 vacating said street easement, of which the attached is a true and correct copy and is incorporated hereby by this reference as though fully set forth herein. This notice is prepared and filed by the Clerk-Treasurer of the City of New Hope as authorized by Minnesota Statutes § 117.19. Dated this 11th day of June, 1979. CITY OF NEW HOPE B~~asur er (Seal) A RESOLUTION REQUESTING ADJUSTMENT IN 1979/80 LEVY LIMIT BASE WHEREAS, the City of New Hope has a restricted levy limit base due to low tax levies in the past, and WHEREAS, the Minnesota Statutes 275.52 Subd.4 (d) permit, an adjustment in the levy base so as to bring the City's levy limit base up to at least 85% of the area coverage, and WHEREAS, the City of New Hope needs this adjustment to keep its taxing power in line with budget needs, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of New Hope does hereby authorize and direct the City Manager to submit a re- quest for an adjustment in the 1979/1980 levy limit base as provided for in State Law. Adopted this llth day of June, 1979. ' ~--~O~e~-Treasurer RESOLUTION APPROVING 1978 TRANSFERS General Detail · Fund and AcCount Code .DJ.bit Credi~I ~/. ~CCO,nt.. ). ~r~d.it T{FE-.. Central Garage 11,647.40 3723 FROM: General Fund · . Street '110.5'8 4220-38 Park 2,220.70 4742-38 Police 4,616.60 4110-38 · Fire 210.60 · 4120-38 Protective InSpect. 4130-38 Animal 452.40 4160-38 · Snow · 2,937.00 4230-38 Sewer/Water 996.25 4846-38 Ice Ayena 103.27 4744-38 To record rental 6f equipment from Central .Garage ~ Labor Pool 25,183.94 3723 FROM: General Fund ' Street. 2,425.67 4220-13 Sno~/Ice 4,512.04 4230-13 Signs 55.55 4240-13 Storm Sewer 44.44 4320-13 Park 11,952.70 4742-13 Bldg. 411.07 4090-13 · Ice Arena 111.10 4744-13 Sewer · 3,393.47 4842-13 ~ter 2,277.90 4824-13 To record Labor Pool charges for January 1978 I Bate ofEntry _ January 19,78 .. ., ,~ VILLAGE OF NEW HOPE · · ' ' IR~SFER ENTRIES ' . General Detail Fund and Account Code '" Debit credit''' ~/ Account I' Cred'it "78'3 TO: · Labor Pool '20,869.91 3723 FROM: General Fund , Street 2,382.34 4220-13 Snow/Ice 1,136.17 4230-13 · ~ign' "66.66 4240-13 Storm Server 227.75 4320-13 Park 9,032.03 4742-13 Bldg. 699.93 4090-13 'Central Garage 277.75 4922-13 Golf Course 322.19 4743-13 Sewer 2,984.03 4842-13 Water 3,741.06 4824.-13 To record Labor Pool ~ervices for February 1978 "78-4 'rO-['-.. Central Garage 11,650.10 3723 FROM: General Fund Street 207.21. 4220-38 Park 4,334.04 4742-38 Police 4,313.10 4110-38 Fire 208.40 4120-38 Protective Inspect. 4130-38 Animal 427.80 4160-38 Snow ' 728.10 4230-38 Golf Course o 6.00 4742-38 Ice Arena 20.90 4744-38 Sewer/Water 1,404.55 4846-38 To record rental of equipment from Central. Garage. Date 'of Entry February.1978 ¥ILLAGE OF NEW HOPE · · TRANSFER ENTRIES . General Detail Fund and Account Code Debit' Credit ~/ Account I' Credit 78-5 TO?-.' · Central Garage 1!,091.16 3723 FROM: General Fund , Street 1,623.90 4220-38 Park 1,001.71 4742-38 Poli'ce 4,261.95 4110-38 Fire 228.76 4120-38 Protective Inspect. 4130-38 Animal 396.60 4160-38 Snow 942.00 4230-38' Golf Course 75.85 4743-38 Ice Arena 129.65 4744-38 Sewer/Water 2,4'30-74 4846-38 To record rental of equipment from Central Garage for March "78-6 .'r-o-? Labor Pool 25,524.48 3723 FROM: General Fund -: ' Street 2,599.75 4220-13 Snow/Ice 1,910.80 4230-13 Sign ' 4240-13 Storm Sewer 3,044.14 4320-13 Park 7,782.56 4742-13 Bldg. 266.64 4090-13 Central Garage ° 55.55 4922-13 Golf Course 138.88 4743-13 Sewer 5,013.66 4842-13 Water 3,351.52 4824,13 Ice Arena 838.81 4744-13 Forestry 522.17 4610-13 Labo~ Pool services for March 1978 Date of Entry March 1978 ,~ VILLAGE OF NEW HOPE · · TRANSFER ENTRIES ' . General Detail Fund and Account Code Debit Cr~'~t'" ~/ Account .... tredi~" 78-7 T-O-F-. ' Labor Pool 27,256.401 . 3723 FROM: General Fund Street 8,324.93 4220-13 Snow/Ice 88.88 4230-13 Sign 688.82 4240r13 Storm Sewer 1,077.33 4320-13 Park 7,956.66 4742-13 -Bldg. · 391.46 4090-13 Sewer 5,010.66 4842-13 Water ' 3,298.10 4824-13 Golf Course .. 1.66.65 4743-13 Forestry 142.15 4610-13 Pool 110.76 4746-13 Labor Pool services for April 1978 "78-8 ~ Central Garaqe 12,045.69 3723 FROM: General Fund Street 4,392.30 4220-38 Park 842.84 4742-38 Police 4,914.77 4110-38 Fire 228.60 4120-38 Protective Inspect. . Animal · 297.00 4160-38 Snow 11.00 4230-38 Sewer/Water 1,233.99 4846-38 Golf Course 114.39 4743-38 Ice Arena 10.80 4744-38 Central Garage equipm6nt rental' for April 1978 78-9 ~ Central Store 1,~63~30 3723 ' FROM: General Fund Council 81.20 4010-20 Manager 123.72 4020-20 Recreation 240.43 4741-20 Police 336.82 4110-20 Clerk · 533.98 4051-20 Clerk 3.60 4051-24 Acctg. 54.61 4054-20 Fire ~ 84.27 4120-20 Prat. Inspect. 43.86 4130-20 Date of Entry ..... ~pril 1978 VILL^GE OF NEW HOPE TRANSFER ENTRIES .. · General Detail Fund and Account Code Debit Cred'it ~/ Account '!' Credit 78-9 cont. Advisory comm. 22.46 4075-30 Civil Service I8.53 4072-34 Civil Defence 2.80 4150-20 Planning 55.04 4080-21 Sewer/Water 57.16 ' 4847-20 Liq #1 4.50 4810-20 Community Dev. .32 4630-30 Purchases for Central Store January - April 1978 .. ; ' Date of Entry Anril 1978 ,~. ' VILLAGE OF NEW HOPE IR/~SFER ENTRIES General Detail Fund and Account Code Debit 'Credit v/ Account Credit 78-10 .-TO~---' Central Garage 18,827.68 3723 FROM: General Fund Street 7,133.40 4220-38 Park 3,578.00 4742-38 Police 4,823.00 4110-38 Fire 244.08 4120-38 Protective Inspection Animal . 374.40 4160-38 Sewer/Water 1,109.70 4846-38 Golf Course 918.80 4743-38 ~ce Arena 25.00 4744-38 Forestry : 621.30 4160-38 To record rental .of equipment from Central Garage for May 19'8 "78-11 :TIFF--- Labor Pool 24,805.06 3723 ~ROM: General Fund Street 4,230.81 4220-13 Signs 327.75 4240-13 Stor~ Sewer 354.84 4320-13 Parks 10,321.38 4742-13 Bldg. 1,129.75 4090-13 Snow/Ice 28.04 4230-13 Sewer o 4,701.43 4842-13 Water 2,275.91 .4824-13 Golf Course 127.76 4743-13 Forestry 317.70 4610-13 Pool 1,578.52 4746-13 Ice Arena .' <~88.83] 4744-13 To reco~d Labor Pool services for May 1978 Date of Entry M~y 197~ ~. ' · ' ¥ILLAGE OF NEW HOPE TRANSFER ENTRIES . General Detail Fund and Account Code Debit Credit' x/ ACCOUNT C'r'edit 78-12 :-T-O?--.General Fund 63,500.00 3970 FROM: Revenue sharing 50,000.00 . 4991-84 Police~protection dund 13,500.00 4991-84 Repayment of loans . 78-13 ~ Sewer and Water Fu~d 77,756.84 3970 'FROM: Liquor #1 7Q,O00.O0 4991-84 I973 Park Bond.· · 7,756.84 4991-84 Repayment of loans 78_14 -. TO: 'Pool Operation 724.00 3970 FROM: General Fund 724.00 4991-84 Repayment' of loan 78-15 T~: Liquor #3 219.00 3970 "ROM: General Fund 219.00 4991-84 Repayment of loan 78-16 ~ Temporary Revolving furd 47,700.00 3970 FROM: General Fund 2,700.00 I 4991-84 Liquor # 2 45,000.00 4991-84 Repayment of loan o 78-17 ~ Labor Pool 40,100.79 3723 FROM: General fund Street 16~913.84 ~' 4220-13 Storm Sewer' 1,769.83 4320-13 Park 9,922.91 4742-13 ~unicipal Building 111.10 4090-13 Sewer 5,707.66 4842-13. Water 1,995.69 4824-13 Ice Arena 10.77 4744-13 Golf' Course 236.56 4743-13 Pool Operating 1,794.27 4746-13 .Forestry 1,638.16 4610-13 To record labor p¢o] · .. services for June 1978 Date of Entry June 1978 VILLAGE OF NEW HOPE · . TRANSFER ENTRIES . .' General Detail Fund and Account Code Debit Credit ~/ ' A~unt Cred"it 78-18 70: 'Improvement 279~ 16,831.30 3991 FROM: I.B.R. " 16,831.30 4991-71 Sale of investment to I ~B.R. 78-19 TO' Improvement 298 5',737.00 6000-52 FROM: Improvement 279 5,737.00 6000-52 To transfer cost for play circle to improvem,.nt 279. 78'2'0 :T6T'- General Fund 2,250.00 3654 FROM: Improvement '298 2,2'50.00 6000-52 To record clerical expense on improvement 298 78-21 ~ ~ Improvement No. 311 28,800.00 3930 FROM: Improvement No. 322" 28,800.00 3930' To transfer bond procee, s for improvement 322 to 11 78-22 ~ Improvement 311 130.99 3850 FROM: I.B.R. 130.99 6000-70 To transfer deficit casl ~4~,~to i.B.R. .I -'78,23 TOf] .... Improvement 317 342.53 6000-52 FROM: Improvement 318 24.63 6000-52 Improvement 312 367.16 6000-52 To consolidated improverent 317 and 318 into improwment 312 Date of Entry July 1978 ' VILLAGE OF NEW HOPE · · · ~ TRANSFER ENTRIES . '. General Detail Fund and Account Code Debit Credit ~/ Accoun~ Credit 78-24 . TO: Central Garage 20,009.38 3723 FROM: General Fund Street ~ 5,'954.51 4220-38 Park 3,213.35 4742-38 Police 4,507.65 4110-38 Fire 205.63 4120-38 Protective Inspection Animal Control ' 213.00 4160-38 Forestry 2,189.15 4610-38 Sewer/Water 3,291.00 4846-38 Golf Course. 367.55 4743-38 · Ice Arena 67.54 4744-38 To record' rental of equipment from Central Garage for June 1978 78-25 ]: Central Store 1,263.06. 3723 FROM: General Fund Council 60.57 4010-20 Manager 71.48 4020-20 Recreation 280.06 4741-20 Clerk 388.06 4051-20 · Accounting o 47.94 4054-20 'Fire 36.23 4120-20 Protective Inspectinn 44.40 '4130-20 Civil Service 4072-34 Planning 27.22 4080-21 Police 237.42 4110-20 Advisory Comm. .3.83 4075-30 ~ewer/Water 65.85 4847-20 To record purchases Central Store May-June 1978 78-26 TO: Improvement 291 10,128.17 3951 FROM: Improvement 298 10,128.17 (re'uno) 6000-82 To transfer state aid .. monie~recorded to Improvement 298 'in errc r Date of Entry July 1978 ...... '" VILLAGE OF NEW HOPE .. TRANSFER ENTRIES . General Detail Fund and Account Code Debit Credit ~/ Ac~co~nt "'1' 'Credit 78-27 T..'--~-~--' Labor Pool 29,313.42 3723 FROM: General Fund Street 9,132.341. 4220-13 Storm Sewer 6,074.45 4320-13 Park 7,909.36 4742~13 Municipal Building 233.31 4090-13 Sewer 2,832.71 4842-13 Water 1,626.00 4824-13 Golf Course 111.10 4743-13 Forestry 555.34 4610-13 Pool 838.81 474.6-13 To record July labor pool transactions 78-28 T:--O-T-- Central Garage 17,105.46 3723 ;ROM: General Fund Street 5,827.17 4220-38 Park 2,592.85 4742-38 Police 4,803.80 4110-38 Fir6 258.15 4120-38 Protective Inspection 4130-38 Animal Control 537.30 4160-38 Forestry o 564.20 4610-38 'Sewer/Water 2,090.75 4846-38 Golf'Course 402.50 4743-38 Ice Arena 28.74 4744-38 .To record rental from Central Garage during July 1978 Date of Entry ~. VILLAGE OF NEW HOPE · ' TRANSFER ENTRIES ..' ' General Detail Fund and Account Code Debit Credit ~ A~count Credit" 78-29 ~ Labor Pool 33,998.64 3723 FROM: General Fund Street 14,818.99 4220-13 St. Sewer 1,895.92' 4320-13 Park 8,204.46 4742-13 Municipal Building 605.50 4090-13 Snow/Ice 14.02 4230-13 Election · 166.65 4040-13 Sewer 3,529.32 4842-13 Water '. 1,852.24 4824-13 Ice Arena -.88.88 4744-13 Golf Course 88.54 4743-13 Pool 1,726.93 4746-13 · Forestry - 1,007.19 4610-13 To record August Labor Pool Service 1-30 ,0~-'- Central Garage' 19,358.25 3723 FROM: General Fund Street 7,676.~4 4220-38 Park 2,325.18 4742~38 Police 4,299.50 4110-38 Fire 304.28 .4120-38 .Animal Control ° 564.00 4160-38 Forestry 1,532.65 4610-38 Sewer/Water 2,270.70 4846-38 Golf Course 385.90 4743-38 To record rental from Central Garage d~ring August 1978 Date of Entry Auqust 1978 ',, ' " VZLLAGE OF NEN HOPE .. · ' '. · TR~SFER ENTRZES General Detail Fund and Account Code Debit 'Credit ~/ -A~count 't' 'Credi~ 78-31 TO: Community Devel o.pment 6,583.75 4610-30 FROM: Golf Course 1,000.00 4743-22 Forestry. 4,400.00 4630-40 Gen. Fund - park 1,183.75 . 4742-22 To transfer out of community development~ expenditure for natural . greens inc. and David Sh&ffer that relate to above accounts 78-32 TO~- Ice Arena 219.00 4744-24 FROM: Golf CourSe · 219.00 474,3-24 To transfer monies for merchandise transfered to Golf Course /8-33 TO-?- General Fund 95,689.50 3653 FROM: Revenue Sharing 95,689.50 4991-70 To transfer 75g~t~°f 1978 Alloted transfer .o 78-34 · ."FO'F'-- Revenue Sharing 49,509.97 3991 FROM: General Fund 49,509.97 4991-71 'Sale of investmeDt 78-35 ~ Central Garage 12,750.84 3723 FROM: General Fund Street 2,461.70 4220-38 Park 2,573.37 4742-38 Police 4,231.12 4110-38 Fire 327.68 4120-38 Animal Control 517'.20 4160-38 Election 86.70 4040-38 Foresty 477.85 4610-38 S6we~/Water 1,368.50 4846-38 Golf Course 574.90 4743-38 Ice Aren~ 131.82 4744-38 To'record rental from Centcal Garage during Sept. 1978 Date of Entry Sept.~ 1978 ' : . ¥I[I. AGE OF NEW NOPE · · · TRANSFER ENTRIES .'' , .General Detai Fu.d and ^ccount Co~e Debit c~d~t ~--~ ^~o'u~'"t-- 78-36 ~ .Labor Pool 24,936.91 3723 FROM: General Fund. Street 6,125.70 4220-13 St. Sewer. 1',380.98 4320-13 Si gn 327.75 · . 4240-13 Park 8,624.73 - - '4742-13 Municipal Building 199.98 4090-13 E1 ection 777.7,0 4040-13 Sewer ' 2,899.50 4842-13 Wate,. .2,301.55 4824-13 · Ice Arena " 388.10 4744-13 . Golf Course. '355.52 4743-13 Pool 988.79 4746-13 Fores t.ry 566.61 4610-13 To record labo~ pool service for Sept. 1978 D~te of Entry Sept. 1978 .'- .~ ¥ILLAGE OF NEW tlOPE ~ · ' '. · TRANSFER ENTRIES . General Detail Fund and Account Code Debit Credit ~/ '"'"A~cOunt''' j. C'~di~ .... 78-37 ~ 'Central Garage 13,352.66 3723 FROM: General Fund Park- 2,804.83 '4742-38 Police- 4,658.00 4110-38 Street 2,971.80 4220-38 Fire ,' 404.89 4120-38 Animal Control 480.90 4160-38 Elections . 4040-38 Forestry 105.20 4610-38 Sewer/Water .. 1,345.10 4846-38 Golf Course 470.30 4743-38 Ice Arena Itl.64 4746-38 October Central Garage 78-38 ~ Labor Pool 23,003.12 3723 FROM: General Fund Street 4,136.17 4220-13 St. Sewer " 366.63 4320-13 Signing' 455.50 4240-13 Park' 10,930.82 4742-13 Municipal Building. 122.21 4190-13 Elections ~ Snow 5.39 4230-13 .Sewer .o 2,878.18 4842-13 Water 3,608.00 4824-13 Ice Arena 66.66 4744-13 Forestry 83.33' 4610-13 Pool 350.23 4746-13 To record labor Pool 'services for Oct. 1978 Date of Entry :~ October 1978 ..' ',, VILLAGE OF NEW ~IOPE .. . · · ' TRANSFER ENTRIES " General Detail Fund and Account Code Debit Credit ~/ ' Aa~ount j- Credit 78-39 T0?~'Labor Pool .. 31,347.93 3723 FROM: General Fund Street 3,686.55 4220-13 St. Sewer 817.53 · 4320-13 Signs 2,244.23 4240-13 Park 12,365.30 4742-13 Municipal Building 177.76 4190-13 E-lection · 732.06 4040-13 Snow 5,348.46 4230-13 Sewer -. 3,003.71 4842-13 Water 2,~69.15 4824-13 Ice Arena 114.35 4744-13 Insp. No 340 522.17 6000-52 Forest'?y . 55.55 4610-13 Pool Operating' 1'1.11 ,. 4746-13 To record labor pool transactions for Nov 1)78 -40 T--O~.'' Central'Garage 20,396.45 3723 FROM: General Fund Street 3,751'.50 4220-38 St. Sewer Fire 233.10 4120-38 Park o 7,317.05 4742-38 Animal 522,30 4160-38 Election 9.30 4040-38 Snow 2,492.80 4230-38 Police 4,270.40 4110-38 Sewer/Water 982.60i 4846-38 Ice Arena 8.40 4744-38 'Forestry 584.60 4610-38 Golf Course 224.40 4743-38 Rental of Central.garag) equipment during Nov. 1)78 Date of Entry ~!sYsmbsr !978 ".,. VILLAGE OF NEW HOPE .. · '. · · TRANSFER ENTRIES General Detail Fund and Account Code ......... D'e~'it cr'~it -- ~ Aacount I. Credit I 78-41 .'~--~q---- Improvement 302 110.0( 3850 TO.: Improvement 311' 100.,0( ~. 3850 FROM: I.B,R. 210.0{ '6000-70 .. 'To Ciose additional fngineering and leoal ost for improvement to I.B R. 78_42 · 'TO: Ice Arena ConStruction~ 43,554.6'] 3991 'FROM: ImproVement Bond Redemltion 43,554.6] 4991-71 T°.sell investment 'to , I.B,R. 78-43" ~ Improvement 312 82,258.7~ 3991 FROM: I.B.R. 82,258.7~ 4991~71 To sell investment to I.B.R.' 78-44 ~ Improvement 322 22,252.31 3991 FROM: I.B.R. · 22,252.3f 4991-7i To sell investments to I.B.R. 78-45 ~ Improvement 317 67.5( 6000-52 FROM: Improvement 312' 67.5( 6000-52 'To.transfer construction costs for improvement 312 from 317 78-46 . ~ Improvement 277 290.0( 3850 FROM: I.B.R. 290.0( I' 6000-~0 To close additiOnal costs for Improvement 277,.~to I.B.R. part of Improvement 273 Date of Entry December 1978 · VILLAGE OF.NEW HOPE · · · · · TPJ~NSFER ENTRIES . · General / Detai 1 Fund and Account Code Debi't I' Creditv A~count j.. Credit 78.47 - TO: Temporary Revolving. 300.QO 3970 FROM: Improvement 277 300.00 4991-84 .Repayment of loan .. 78-48 ~ Temporary Revolvin'g 1,600.00 3970 FROM: Improvement 269 ' 1,600.00 4991-84 · Repayment of loan -. 78-49 ~ General Fund 44,795.13 3652 FROM: Special Police. Protecti,n 44,795.13 4991-70 Fund To transfer funds from police protection to ap ~ly against pensions. 78-50 ~ Ice /~rena 2,765.0Q 3650 FROM: · General Fund 2,765.00 4970-70 Surplus transfer to cow r .purchase of sign at ice arena o 78-51 TOi Ice Arena 2,822.00 3580-01 FROM: General Fund 2,822.00 4741-38 .To transfer fund 'for ic~ ~rena rental for genera recreation program 78-52 TO: Temporary Revolving Fun 116,128.99 3991 FROM: I.B.R. 116,128.9~ 4991-71 'Sal~. of investments bet leen - funds 78-5'3 ~ Her.itag~ Commission 1,933.55 3991 .OM: I.B.R. , 1,933.55 4991-71 I)a~;e of Entry ~. Decem6er 1978 · ' '",,, VILLAGE OF NEW HOPE ... · · " ' TRANSFER ENTRIES , General .Detail Fund and Account Code Debit I. 'Credit ~/ A~count Credit 78-54 T .'--07-- Special Police Prot¢ctiO~ fund 14,755.89 3991 FROM: I.B.R. 14,755.89 4991-71 Sale Of investement Bet~en · fund 78-55 TO: Improvement 29! ' 2.65 6000-52 FROM: Improvement 294 2.65' 6000-52 To close 291. balance to 294 78-56 TO: Labor Pool' , 28,085.67 3723 FROM: General Fund .Street .1,705.05 4220-13 Snow 7,112.05 4230-1.3 St. Sewer 66.66 4320-13 Sign : 144.43 4240-13 Parks 10,662.16 4742-13 Municipal Building 315.95 4190-13 Elections 4040-13 Sewer 3,252.32 4842-13 Water 4,168.65 4824-13' Ice Arena ., 106.83 4744-13 Forestry Golf Course 73.84 4743-13 IMP 340 477.73 6000-52 Labor pool service for Dec. 1978 Date of Entry December 1978 " VILLAGE OF'NEW HOPE .. · ' TRANSFER ENTRIES , General Detail Fund and Account Code Debit Credit ~/ Aacount t' '~redit 78-57 .'TO~---' Central Garage 14,797.24 3723 FROM: General Fund '{ Street -214.10 4220-38 'St. Sewer Fire 239.79 4120-38 Park 3,006.40 4742-38 Animal Warden 474.90 4160-38 Election ' 4040-38 Snow 4,497.40 4230-38 " Police 4,394.90 4110-38 Sewer/Water. 1,400.05 4846-38 Ice.Arena 56.60 4744-38 · Forestcy 355.00 4610-38 Golf Course 158.10 4743-38 Rental of equipment fror Central Garage during Dec. 1978 78-58 .'T-O-T-- Central Store 2,323.45 3723 FROM: General Fund ~ '_." -Council 90.73 4010-20 Manager 168.41 4020-20~ Recreation , 432.92 4741-20 'Clerk 751.70 4051-20 Accounting 110.53 4054-20 Fire 96.47 4120-20 Protective Inspection 93.48 4130-20 Civil Service 2.18 4072-34 .Planning 31.97 4080-21 .Police .. 469.57 4110-20 2dvissory Comm. 10.12 4075-30 Civil Defense 3.08 4150-20 Clerk 7.34 4051-24 Community Developement 4.38 4630-30 Sewer/Water. 50.57 4847-20 Purchases For Central S :ore 'July - Dec. 1978 Date of Entry : .December 1978 t ,, VILLAGE OF' NEW tlOPE · · · '. " ' TRANSFER ENTRIES . .General Detai,1 Fund, and Account,,,,, ,, , ,,, Code,,,, Deb'it i credit" v/ ,, A~count,, ....... credit' : General Fund 22,000.0( 3656 FROM: Sewer/Water 22,000.0( 4847-70 Administrative Transfel .. , 78-60 ~ Genral Fund 31,896.6( 3653 FROM: Revenue Sharing · 31,896.5( 4991-70 · Reveflue Sharing funds ;o be used for police, sal ~ries 78-61 'TOY'"' Pool Operating 900.01 3580.05 TO: Pool Operatin~ 4,500.0( 3580-04 .FROM: General Fund 4,500.0~ 4741-38 FROM: General Fund 900.0{ 3581 To transfer monies for poo~ rental and instru:tional fee 78-62 ~ Ice Arena Construction 2,775.7! 6000-52 FROM: Ice Arena Operation 2,775.7! 4744-52 To transfer purchase o sign from ice arena constru:tion. to operating fund Date of Entry December 1978 " ' ~ ' VILLAGE OF NEW UOPE · ' ' · · TRANSFER ENTRIES . , .General Detai 1 Fund and Account Code Debit "Cr'edit" ~/ Aacount t" credi~ 7'8-63 TO: Labor Pool 14,641.94 3723 FROM: General Fund 14,641.94 4230-13 Snow Removal · To transfer fund fro. m . '.' snow and ice removal to balance cash defic.it , in labor pool . 78-64 .. -. ~ ~treet Lighting 35,484.45 3053 'FROM:' Sewer and Wa.ter Funa. 35~4'84.45 4991-71 To transfer street l ight'ng Sewer/Water fun'd 78-65 TO: Improvement 312 67.50 6000-52 iOM:. Improvement 317 67.50. 6000-52 to ~everse transfer entr #45 78_66 · ~ Improvement 334 ; 5,314.98 6000-52 FROM: , Road/Bri dge Const. 5,314.98 6000-52 · - To transfer cost for roai .striping to road/bridge ~und 78-67 . TO: ..Temporary Revol vihg 2,700.00 3820 FROM: G~neral Fund 2,700.00. 3820 To transfer N.H.A.A. rer~al out of general fund ' ' i)at;e of Entry December. 1978 ._ " ' ' ' tlOPE ' ' · " · · · ¥ILL~E OF N£~ -' · .... · ' ' I'P~4tS FI R ENIRIES ' General Detail [und and Account Code Debit '{ Credit ~/ A~count {. Credi 78-68 10: Central Garage :>7,863.'00 3650 FROM: General Fund' 27,G63.00 4970-10 '1'o transfer funds for c~ pital ' .. expenditure per resolut on 10-10 78 .-. ! I Adopted bg the Citg Council. on the 25t~da.~f:,Ju~-~rT~.~/~~~~,~, ,~' ATTEST:~ ' > Richar~P1/ufka' A~i~g Mayor ~ett~ ~i~t, Clerk-Tre~'surer RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR STORM SEWER IMPROVEMENT NOS. 350 & 341A (Ring Street & Storm Sewer Improvement) WHEREAS, This Council did on November 13, 1978 order the construction of Proposed Street and Storm Sewer Improvement No. 350 pursuant to the pro- visions of Minnesota Statute 429, and WHEREAS, construction of street and storm sewer system will require the use of certain private lands for the widening of Xylon Avenue North (see Exhibit A, attached & incorporated herein by this reference), and WHEREAS, the City has not acquired the right to use such property on a voluntary basis, and WHEREAS, it is in the public interest that such lands be acquired by the City at the earliest possible time in order to facilitate the widening of Xylon Avenue North and consequent protection of the public health, safety and welfare, and WHEREAS, the City is authorized by the provisions of Minnesota Statute 117 to acquire said premises under the right of eminent domain, NOW THEREFORE, BE IT RESOLVED that the City of New Hope proceed to acquire title or easements, as the case may be, in the property described in the attached Exhibit A, under its right of eminent domain, and the City Attorney be and hereby is instructed and directed to file the necessary papers therefor and to prosecute such action to a successful conclusion until it is abandoned, dismissed or terminated by the City or the Court; that the City Attorney, the Mayor, the Clerk-Treasurer and where appropriate, the City Manager, do all things necessary to be done in the commencement, prosecution and successful termination of such action, including the emplOyment of expert witnesses, in- dependent fee appraisers, and other personnel necessa~ude the matter. Adopted by the City Council this 25th day~~ ~/~ichard Plea; ACting ~ or Attest: Betty 1P~uliot, Clerk- Treasurer A permanent easement for roadway purposes over, across and through the easlerly 8' of the following described tract or parcel of land: That part of the East 1/2 of Northwest 1/4 of Northeast 1/4 of Section 18,.Township 118, Range 21, described as follows: Commencing at a point 9 rods 8 1/2 f. eet West of the center of the Northeast 1/4 of said Section. 18, thence West 5 rods, thence North 16 rods, thence East 13 rods, thence South 6 rods, thence West 8 rods, thence South ID rods to the point of beginning, except that part lying South of State Highway No. 55, and except; That part of the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 118, Range 21, described as follows: Commencing at a point on the South line .. ,. thereof, distant 157 feet West from the Southeast corner thereof; thence North parallel · ' with the East line thereof a distance of 165 feet; thence East parallel with the South line thereof a distance of 13 feet to the actual point of beginning of the tract of ]and to be hereby described; thence continuing East parallel'with the South line thereof a distance of 119 feet; thence North parallel with the East line thereof a distance of 12 feet; thence West parallel with the South line thereof a distance of 119 feet; thence South parallel with the East line thereof a distance of 12 feet to the actual point of beginning. Also: That part of the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 18, Town- ship 118, Range 21, described as follows: Commencing at a point on the South line there- of, a distant 157 feet West from the Southeast corner thereof; thence North parallel with the East line thereof a distance of 165 feet; thence East parallel with the South line thereof a distance of 13 feet; thence South parallel with the East line thereof a distance of 165 feet to the South line thereof; thence West .along the South line thereof a distance of 13 feet to the point o.f beginning, except that part taken for County Highway No. 9 formerly State Highway No. 55. A permanent easement for roadway purposes over, across and through the easterly 8' of the following described tracts or parcels of land: Par 1: The South 177 feet of the West 119 feet of the East 144 feet of the Northwest Quarter of the Northeast Quarter of Section 18, Town- ship 118, Range 21, according to the Government Survey thereof. Par 2:. Tract B. Registered Land Survey No. 324, Fi]es of Registrar of Titles, County of Hermepin. RESOLUTION GIVING LOCAL APPROVAL TO MINNESOTA LAWS 1979, CHAPTER 97, PERTAINING TO FIREMEN'S BENEFITS WHEREAS, the State Legislature has enacted Laws 1979, Chapter 97, relating to the City of New Hope firefighters' pension, disability and survival benefits, and WHEREAS, local approval of said law is required following final enactment by the legislature, NOW THEREFORE BE IT RESOLVED by the City Council of the City of New Hope as follows: 1) Laws 1979, Chapter 97, relating to the City of New Hope firefighters' pension, disability and survival benefits be and is hereby approved, and 2) The City Clerk-Treasurer is hereby authorized and directed to certify to the Secretary of State of Minnesota that the Council of the City of New Hope, on June 25, 1979, did approve Laws 1979, Chapter 97. Passed by the New Hope City Co~~e, 1979. Attest:~~~ ~/ Richar~G~ Plufka,/Actlng Mayor B6 t~t, City Clerk-Treasurer CITY OF NEW HOPE RESOLUTION APPROVING RLS FOR RAUENHORST CORPORATION (PID 07-118-21 11 0003; 5175, 5147, 5121 WINNETKA AVENUE; PLANNING CASE NO. 79-38) BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. It is hereby found and determined by this Council that the RLS of land described in the title of this resolutiOn is accepted under the subdivision regulations of the City and that a public hearing has been duly held thereon. 2. This Council, as the platting authority provided~apter 670, Laws of 1965, does hereby approve sai~ ~ / 3. The Mayor and Clerk are hereby autho~~same. / ~ Mayor / Attest: ~ ~--~9~k-Treasurer CERTIFICATION STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) I, the undersigned, being the duly qualified and acting Clerk-Treasurer of the City of New Hope, hereby attest and certify that: (1) as such officers I have the legal custody of the original Resolution of which the foregoing is a true and correct copy; (2) that said Resolution was duly adopted at a meeting of the City Council of said City on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice thereof as required by law, on ~u/~ ~ /~7~ Witness my hand and the seal of said City this ?~-~day of Ci ty~Clerk Treasurer RESOLUTION SETTING FORTH CONDITIONS ON RLS APPROVAL FOR PID 07-118-21 ll 0003 (Planning Case No. 79-38) BE IT RESOLVED by the Council of the City of New Hope, Minnesota, as follows: 1. The RLS described in the title of this resolution has heretofore been approved by this Council. 2. The City Attorney is hereby directed to hold the RLS until the .following conditions for release have been met; Tracts have been cembined se that there are only three pa~'cels for tax Fur~oses, as follows: First parcel: Iract A Second Parcel: lract B, Tract C, Tnact F Third Parcel: Tract ~), Tract E, Tract G Adopted by the Council this 9th day , Attest: ~rer RESOLUTION APPROVING PLANS AND SPECIAL PROVISIONS COUNTY PROJECT 7809 ~OR CSAH 9 AT QUEBEC AVENUE City of New Hope, Minnesota WHEREAS, Plans for Hennepin County Project No. 7809 showing the proposed permanent-traffic signals at the intersection of County State Aid Highway No. 9 at Quebec Avenue, together with the Specifications and Special Provisions for the construction thereof within the limits of the City as a County Project have been prepared and presented to the City. NOW THEREFORE, IT tS RESOLVED, that said Plans, Specifications and Special Provisions be in all things approved. Dated this~day of m~/~ / ATTEST:~er CERTIFICATION STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of the City of New Hope at a meeting thereof held in the City of New Hope, Minnesota on the ~day of ~/~/ , 197~,~ as disclosed by the records of said City in my possession. (SEAL) C.~ty Cl erk-lreasurer I, the undersigned, being the duly qualified and acting City Clerk of the City of New Hope, Minnesota, hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the City Council of the City of New Hope, Minnesota, at its meeting on July 9, 1979, as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in my office. Dated this /~day of ~/~ , 1979. / / - J C~ty Clerk-Treasurer CITY OF NEW HOPE, MINNESOTA RESOLUTION RELATING TO $200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS; AUTHORIZING THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: Section 1. Authority. Pursuant to the provisions of Minnesota Statutes, Sec- tions 462.581 and 462.585, and Chapter 475, the City Council of the City does authorize the issuance and sale of an issue of General Obligation Redevelopment Bonds (hereinafter, the Bonds) of the City in the principal amount of up to $200,000 for the purpose of providing funds for the payment of the public rede- velopment costs needed for the redevelopment of land within a project area designated as New Hope Redevelopment Project 1, which consists of three tracts of land within the City described as follows (the Project Area): TRACT A A tract of land lying and being in the County of Hennepin, State of Minnesota, described as follows, to wit: All that part of the North Half of the Southwest Quarter of the Northwest Quarter and the South Half of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 21, described as follows: Beginning at a point in the south line of said North Half of the Southwest Quarter of the Northwest Quarter distant 155.02 feet west of the southeast corner thereof; thence North 00 degrees 00 minutes 06 seconds East, parallel with the east line of said North Half (assumed basis for bearings), 384.48 feet; thence northerly on a tangential curve concave to the east (central angle 27 degrees 22 minutes 56 seconds, radius 355.90 feet) 170.09 feet to the south line of the north 7 rods of said North Half; thence North 88 degrees 56 minutes 31 seconds West, along said south line, 54.86 feet, to a point 170 feet west of the east line of said North Half; thence North 01 degree 03 minutes 29 seconds East, 30.00 feet; thence South 88 degrees 56 minutes 31 seconds East, 36.75 feet; thence northeasterly on a curve concave to the southeast (central angle 01 degrees 12 minutes 17 seconds and radius 385.90 feet, chord bearing North 30 degrees 47 minutes 15 seconds East) 8.11 feet, to the point of beginning of the tract herein described; thence North 88 'degrees 56 minutes 31 seconds West, 246.00 feet; thence North 01 degrees 03 minutes 29 seconds East, 197.86 feet, to the south- easterly right-of-way line of Hennepin County State Aid Highway No. 18, according to recorded highway plat no. 32; thence easterly along said right-of- way line and southerly along the westerly line of property acquired by the County of Hennepin as described in warranty deed document no. 3802514 to the point of beginning. --1-- · TRACT B A tract of.land lying and being in the County of Hennepin, State of Minnesota, described as follows, to wit: Ail that part of the North Half of the Southwest Quarter of the Northwest Quarter of the Northwest Quarter and the South Half of the Northwest Quarter of the .. Northwest Quarter of Section 18, Township 118, Range 21, described as follows: Begirn~ing at a point in the south line of said North Half of the Southwest Quarter of the Northwest Quarter distant 155.02 feet west of the southeast corner thereof; thence North 00 degrees 00 minutes -06 seconds East, parallel with the east line of said North Half (assumed basis for bearings), 384.48 feet; thence nort.herly on a tangential curve concave to the east, (central angle 27 degrees 22 minutes 56 seconds, radius 355.90 feet) 170.09 feet to the south line of the north 7 rods of ~aid ,, .. North Half; thence North 88 degrees 56 minutes 31 seconds west along said south line, 54.86 feet, to a point 170 feet west of the east line of said North Half; thence North 01 degrees 03 minutes 29 seconds East, 30.00 feet; thence South 88 degrees 56 minutes 31 seconds East, 36.75 feet; thence northeasterly on a curve concave to the southeast (central angle 01 degrees 12 minutes 17 seconds and radius 385.90 feet, chord bearing North 30 degrees 47 minutes 15 seconds East) 8.11 feet; thence North 88 degrees 56 minutes 31 seconds West, 246.00 feet; thence North 01 degrees 03 minutes 29 seconds East, 197.86 feet, to the southerly right-of-way line of Hennepin County Road State Aid Highway No. 18, according to recorded highway plat No. 32; thence southwesterly along said right-of-way line to the north line of - Gordon's Lakeview Terrace, according to the recorded plat thereof; thence South 88 degrees 51 minutes 25 seconds East, along said north line 371.95 feet; thence So6th al6ng the east line of said Gordon's Lakeview Terrace, 143.30 feet; thence South 8§ degrees 59 minutes 04 seconds East, along the north line of said Gordon's Lakeview Terrace, 512.03 feet to the point of beginning. TRACT C A tract of land lying and being in the County of Hemuepin, State of Minnesota, ' described as follows, to wit: All that part of the North 7 rods of the North Half of the Southwest Quarter of the Northwest Quarter and the South Half of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 21, described as follows: Beginning at the southeast corner of said North ? rods; thence North 88 degrees 56 minutes 31 seconds West (assumed basis for bearing) along the south line of said north 7 rods 81.28 feet to the easterly line of property acquired by the County of Hennepin as described in Warranty Deed document no. 3802514; thence north- easterly along said easterly line to the east line of said Northwest Quarter of the Northwest _Quarter; thence south along the east line of said Northwest Quarter and Southwest Quarter of the Northwest Quarter to the point of beginning. in accordance with New Hope Redevelopment Plan 1 of the Housing and Redevelopment Authority in and for the City of New Hope. The Council finds that the assistance of the City is needed to complete the Project, for the orderly and economic development of the City and for the development of additional real estate tax base. It is anticipated that the tax increment resulting from the Project Area will be segregated and pledged for the pay- ment of the principal and interest on the Bonds under an agreement to be entered into with the Housing and Redevelopment Authority in and for the City of New Hope, pursuant to Minnesota Statutes, Section 462.585, Subdivision 4. Section 2. Sale, Publication of Notice. This Council shall meet at the time and place set forth in the form of notice herein prescribed for the purpose of con- sidering bids for the purchase of the Bonds. The City Clerk- Treasurer is authorized and directed to cause a public notice of the time, place and purpose of the meeting to be published once not less than ten days before the date of the meeting in the official newspaper of the City and in Finance and Commerce, published at Minneapolis, Minnesota, and shall cause the notice to be published once before the date of the meeting in Commercial West, which notice shall be in substantially the following form: -3- NOTICE OF BOND SALE $200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS CITY OF NEW HOPE, MINNESOTA BIDS FOR THESE BONDS WILL BE RECEIVED on Monday, July 23, 1979, until 2:00 o'clock P.M., C.D.T., at the office of the City Clerk-Treasurer, in the City Hall, in New Hope, Minnesota. Bids will be considered by the City Council at 7:30 o'clock P.M., C.D.T., on the same date. Dated July 1, 1979, the Bonds will mature on February 1 in the years and amounts as follows: Year Amount 1983 $10,000 1984 30,000 1985 50,000 1986 50,000 1987 60,000 No rate of interest nor the net effective average rate of the issue may exceed 7% per annum. A legal opinion will be fur- nished by Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis, Minnesota. The proceeds will be used for payment of the public redevelopment costs needed for redevelopment of a project area within the City. Copies of the detailed Terms and Conditions of Sale and additional information may be ob- tained from the undersigned or from the bond consultants to the City, Evensen-Dodge, Inc., 1900 Midwest Plaza Building, Minneapolis, Minnesota 55402 (Telephone: 612-338-3535). BY ORDER OF THE CITY COUNCIL City Clerk-Treasurer. -4- Section 3. Terms and Conditions. The following shall constitute the terms and conditions for the sale and issuance of the Bonds, and the bond consultants for the City are hereby authorized and directed to cause the terms and conditions to be incorporated in material distributed to prospective bidders for the Bonds: -5- TERMS AND CONDITIONS OF SALE $200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS CITY OF NEW HOPE, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $200,000 General Obligation Redevelopment Bonds, of the City of New Hope, Minnesota, will be received until 2:00 o'clock P.M., C.D.T., Monday, July 23, 1979, at the office of the City Clerk- Treasurer in the City Hall, New Hope, Minnesota, at which time the bids will be opened and tabulated. The bids will be acted upon by the City Council of the City at 7:30 o'clock P.M., C.D.T., on the same date. PURPOSE The Bonds will be issued for the purpose of providing funds for the acquisition and betterment of land and facilities needed for a redevelopment project in the City, pursuant to the provisions of Minnesota Statutes, Sections 462.581 and 462.585 and Chapter 475. DATE, TYPE, DENOMINATION AND MATURITIES The Bonds will be dated as of July 1, 1979, will be issued as negotiable investment securities with attached inter- est coupons, will be in the denomination of $5,000 each, and will mature serially, on February 1 in the following years and amounts: Year Amount 1983 $10,000 1984 30,000 1985 50,000 1986 50,000 1987 60,000 REDEMPTION FEATURE Bonds maturing in 1986 and 1987 are subject to redemption and prepayment at the option of the City, in inverse order of serial numbers on February 1, 1985, and any interest payment date there- after, or by lot as to Bonds having the same maturity date, at a price of the principal amount thereof, plus accrued interest. PAYING AGENT Principal and interest will be made payable at a suit- able banking institution recommended by the successful bidder by 4:00 P.M., C.D.T. on July 23, 1979, subject to approval of the City Council, and the City will pay the reasonable and cus- tomary charges of the paying agent. The City will select the paying agent if the recommendation is not approved. -6- RATES, INTEREST PAYMENT DATES The Bonds maturing in each year will. bear interest at a single uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity, designated by the successful bidder, expressed as an integral multiple of 5/100 of 1% per annum and represented by a single set of coupons. No rate of interest nor the net effective average rate of the issue may exceed 7% per an- num. Interest on the Bonds will be payable on February 1, 1980 and semi.annually thereafter on February 1 and Aug~ 1 in each year. DELIVERY On or before July 31, 1979 in Minneapolis, Minnesota or Saint Paul, Minnesota the City will furnish and deliver to the purchaser or, at the option of the purchaser, will deposit with a bank in Minneapolis, Minnesota or Saint Paul, Minnesota selected by the purchaser and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed Bonds, the opinion of bond counsel, and a certificate stating that no litigation in any manner questioning their valid- ity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser, but all other costs, with the exception of the printing of CUSIP numbers as indicated, will be paid by the City. The purchase price must be paid upon de- livery, or within five days after deposit with the delivery agent, in funds available for expenditure by the City on the day of pay- ment. LEGAL OPINION An opinion as to the validity of the Bonds and as to the exemption of the Bonds and interest thereon from taxation will be furnished by Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis, Minnesota. The legal opinion will be printed on the Bonds at the request of the purchaser. The legal opinion will state_ that_ the. Bonds~are_~alid~and_binding general obligations of the City. TYPE OF BID AND AWARD Sealed bids must be mailed or delivered to the under- signed and must be received prior to the time specified above for opening bids. Each bid must be unconditional and must be accom- panied by a cashier's or certified check or bank draf~ in the amount of $4,000, payable to the City Clerk-Treasurer, to be re- tained as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost' (total interest from date of Bonds to stated maturi- ties, less any cash p~emium or plus any amount less than $200,000 bid for principal) will be deemed the most favorable. In the event that two or more bids state the lOwest net interest cost, the sale of the Bonds will be awarded by lot. No oral bid and no bid of less than $196,100 plus accrued interest will be considered, and the City reserves the right to reject any and all bids and to waive any informality in any bid. -7- CUSIP NUMBERS The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correct- ness of any numbers printed thereon, but will permit such print- ing to be done at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Information for bidders and bidding forms will be dis- tributed by Evensen-Dodge, Inc., 1900 Midwest Plaza Building, Minneapolis, Minnesota 55402 (Telephone: 612-338-3535). BY ORDER OF THE CITY COUNCIL City Clerk-Treasurer -8- Section 4. Official Statement. The City Manager, in cooperation with Evensen-Dodge, Inc., Financial Consultants to the City, is hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. Such official statement shall contain the Terms and Conditions of Sale set forth in Section 3 and such other information as shall be deemed advisable and necessary to adequately describe the City and the security, terms and conditions of the Bonds. Such official statement shall be examined and approved by the City Manager prior to its distribution to potential purchasers. Adopted by the City Counc 1~ Attest: Clty'Cl~rk Treasurer -9- A RESOLUTION ACCEPTING REPORTS AND AUTHORIZING INCLUSION AS PART OF CITY PLAN WHEREAS, the Planning Commission for the City of New Hope has completed work on the City's Comprehensive Plan, and WHEREAS, this work included the preparation, review and adoption of a series of reports that provide background data and/or policy elaboration and/or specific questions of the total plan, and WHEREAS, these reports included: 1. Tactical Study, September 1975 2. Planning Inventory (Report #2) November 1975 3. Planning Inventory Update, June 1978 4. Housing Profile (Report No. 3) January 1976 5. Housing Action Plan, June 1976 6. Community Improvement Program, June 1976 7. Community Improvement Program, August 1978 8. Implementation Manual, July 1978' 9. Commercial Code Design Guidelines, April 1977 10. Zoning Ordinance 11. Subdivision Ordinance 12. Maintenance and Occupancy Ordinance 13. In-flow and Infiltration Analysis, 1976 14. Five Year Transportation Plan, 1974 15. Housing Action Plan Update, August 1978 NOW, THEREFORE, BE IT RESOLVED, that the above reports are hereby adopted by the Planning Commission as part of the Comprehen- sive Plan submitted to the City Council for their review. BE IT FURTHER RESOLVED, that the City Council acknowledges receipt of these documents and does hereby authorize and direct the City Manager to submit such of these documents as are re- quired to the Metropolitan Council for inclusion as part of the City's Comprehensive Plan now under review by the Metro- politan Council. Adopted this 3/d/~y~f July by the Planning Commission of the City // City Manago~ C~ai rman, Pl ann~ssi on Adopted ~ d~f July 1979 by the New Hope C'~~Co~i~~ ATTEST ;'~C~Cl~sur~r S1 gne~~ j?~ RESOLUTION APPROVING CLASSIFICATION LIST OF MAY 17, 1979 PERTAINING TO TAX FORFEITED PROPERTY AND APPROVING SALE THEREOF WHEREAS, the City Council of the City of New Hope, has received from the County of Hennepin, a list of tax forfeited lands in said County, which list includes the following two parcels located in New Hope: PID 07-118-21 14 0027 Plat 62287, Parcel 3770 PID 05-118-21 33 0083 Plat 62301, Parcel 1500 WHEREAS, these parcels have heretofore been classified as nonconserva- tion land by the Hennepin County Board of Commissioners and the public sale thereof authorized. NOW THEREFORE BE IT RESOLVED, by the Council of the City of New Hope, acting pursuant to MS 282.01, that the classificatio~p~6]~-~'~County Board of above listed parcels of land as noncons?~r~/ation property and the public sale thereof be and the same is he~.~ Dated this 9th day of July, 19~~~ ~ .... ~ / Richar~q~ufka' Acti~May°r Attest: B~~t, City Clerk-Treasurer STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE ) I, Betty Pouliot, City Clerk-Treasurer of the City of New Hope, Minnesota, do hereby certify that I have compared the foregoing copy of the Resolution of the City Council of the City of New Hope with the original record of such Resolution of said City Council meeting held on July 9, 1979, and that the same is a true and correct copy of said original record and that said Resolution was duly adopted by this City Council at said meeting. IN WITNESS whereof I have hereunto set my hand and seal this 16th day of 1979.~ July, i~ C1 y yerk-Treasurer (SEAL) A RESOLUTION ADOPTING UNIFIED SHADE TREE PROGRAM FOR 1979 WttEREAS,the City of New Hope has provided for a Shade Tree Pro- gram in its 1979 Budget~ and WHEREAS, the program as adopted has elements included in various departmental budgets, and WHEREAS, the 1979 State Regulations are now in the hands of City staff, and WHEREAS, the City has contracted with a private contractor for re- moval of trees from private property, which results in an expenditure not shown in the original budget, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope that the following is adopted as the 1979 Sanitation and Reforestation Budget for the 1979 Shade Tree Program: Expenditure Program Item Sanitation Reforestation Personnel $ 5,990 $ 650 Equipment 4,675 400 Outside Contracts 16,938 - Miscellaneous 12,300 2,620 Total $39,903 $3,670 $43,573 BE IT FURTHER RESOLVED that the Citizen Advisory Commission is de- signated as the City's Advisory Committee on the Municipal Reforestation Program. BE IT FURTHER RESOLVED that the City Manager is hereby designated as the program manager and is authorized and directed to submit this resolution and attached Shade Tree Program Application ~ 1979 - to the appropriate officals at the Minnesota Department of Agriculture. Adopted this 9th day of July, 1979. ATTEST: ~~T~ SIG reasurer MINNESOTA DEPARTMENT OF AGRICULTURE - - Shade Tree Program 600 Bremer Building St. Paul, MN 55101 - I6121 296-8580 ' · SHADE TREE PROGRAM APPLICATION - 1979 I; Name of City/County Applying and the Population (1970 Census). Applicant city o£ New Eope County Eennepin Population 22,630 II. Name, Title, Address and Business Phone for: PROGRAM MANAGER - Person to whom inquiries about the program should be directed. Name Harlyn G. Larson Title City Manager - Address 4401 Xylon North ZIP 55428 Business Phone 612 - 533 -- 1521 -. FISCAL AGENT - Person to whom grant disbursements should be mailed. Name Larry Watts · Title Finance Director Address 4401 Xylon North ZIP 55428 Business Phone 612 -- 533 -- 1521 - III. Tree Inventory -- Estimate the number of trees on Public and Private lands. ELM OAK OTHER (specify type) Public 1,098 ~t0 rate 3,443 423 TOTALS 4,541 .' ! ,233 IV.* A complete description of your sanitation and replanting program must be provided on the form attached. Both sides of that form must be completed and mailed with your application. All applicants must submit a control program to be eligible for state reimbursement. V. Give the Total Amounts Budgeted for the items indicated, regardless of the source of funding. Budget only for "EQUIPMENT USE" (SEE STATE ALLOWANCES FOR EQUIPMENT), not EQUIPMENT PUR- CHASE· ~r' PROGRAM BUDGET FOR THE PERIOD JANUARY 1 THROUGH DECEMBER 31, 1979: 90% (Only ,, Municipalities REFORESTA- Under 4,000 SANITATION TION Eligible) Personnel $5,990. $ 650 Equipment 4,675 400 Outside Contracts 16,938 - In-Kind Contributions (cities with less than 1,000 population) M iscellaqeous 12,300 2,620 Total 39,903 3,670 TOTAL $43 r573 VI. Affix a true and correct copy of the authorizing r~solution of your governing body relating to your sanitation and refprestation program and budget. These applications should be sent to: Minnesota Department.of Agriculture, Shade Tree Program, 600 Bremer ''**' Building, St. Paul, Minnesota 55101. THEY MUST BE POSTMARKED NO LATER THAN JULY 11, 1979· {Continued on reverse side} AG-006644)2 Contract Number AGREEMENT By and Between the MINNESOTA DEPARTMENT OF AGRICULTURE (Hereinafter "department") ' and (Hereinafter "grarttee") WHEREAS, Minn. Stat. § 18.023 provides funds on certain conditions for grants to local units of govern- ment for shade tree sanitation programs on public and private lands and for reforestation on public lands, and WHEREAS, grantee is properly authorized to apply for such grants to finance its share of its costs and represents that the budget for its sanitation and reforestation program for calendar year 1979 is $ , NOW THEREFORE, department and grantee in consideration of the respective promises contained herein '- agree as follows: 1. Subject to legislative appropriations and aggregate demand department shall pay grantee up to 50 {%) of the cost of grantee's sanitation and reforestation program. 2. Grants to certain cities, counties and towns may include 90% of the cost of the first 50 trees planted under · the grantee's reforestation program, if the grantee qualifies 'for such payment under Minn. Stat. § 1;~023 .- (Supp. 1979}. - --- , .- - 3. Grantee shall submit quarterly requests for payment to department setting forth all information required by department. 4. Grantee shall fully comply with Minn. Stat. § 18.023 {Supp. 1979) and all rules promulgated pursuant thereto and shall maintain business records in conformance with generally accepted accounting and auditing principles to fully evidence its costs and expenses and allow department full access thereto. Any cost incurred t for an activity not in comoliance with such said statute and rules shall be ineligible for reimbursement. Grantee agrees to promptly return all funds which have been paid to gran.tee by department for any costs incurred irt violation of the terms of this agreement of the said statute and rules. 5. Grantee represents that none of its officers or employees has any financial interest in this contract or p .~ds payable thereunder. ~. This agreement shall cover the period January 1, 1979 to December 31, 1979. 7. The department may make supplemental grants or setoffs in the event of changes in grantee's budget . · and actual expenditures, i' IN WITNESS of this agreement, department and grantee have caused it to be executed this day of , ,, 1979. ' e" , STATE USE ONLY: APPLICANT~ Approved as to form and execution Title: .. · this __ day of , 19 . ~a¥o~l ci~,~ Adrninis/jaat~ot or Chairman of County Board WARREN SPANNAUS By: ~/~ j Attorney General S~e~iat A~islant arson or CounTf Aud~tol' Attorney Gerleral Approved: . Approved: 238618 04151 . SHADE TREE 01 71I SEND TY F TRANSACTION [] [] Entered by. , [] [] [] Entered by., A44 A45 A46 Date Number RESOLUTION APPROVING SUBMISSION OF COOPERATION AGREEMENT BETWEEN THE NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITY AND THE NEW HOPE CITY COUNCIL WHEREAS, the City of New Hope is applying for Public Housing Rehabilitation funds to purchase and rehabilitate 92 apartment units, and WHEREAS, the New Hope City Council agrees to abide to the Cooperation Agreement with the Wew Hope Housing and Redevelopment Authority NOW, THEREFORE, BE IT RESOLVED By the City Council, City of New Hope, that the City Manager is authorized to submit to the Department of Housing and Urban De- velopment the signed Cooperation Agreement. Adopted this 23rd day of July, 1979. ATTEST~ CERTIFICATE CITY OF NEW HOPE STATE OF MINNESOTA1 COUNTY OF HENNEP!N ss. CITY OF NEW HOPE ) I, the undersigned being the duly qualified and acting Clerk- Treasurer of the City of New Hope, Minnesota, hereby attest and certify that: · 1. As such officer, I have the legal custody of the original record from which the attached and fore- going extract was transcribed. 2. I have carefully compared said extract with said original record. 3. I find said ~xtract to be a ~rue, correct and complete transcript from the original minutes of a meeting of the City Council of said City held on the date indicated in said extract, including any resolutions adopted at such meeting, insofar as they relate to "Resolution Approving Submission of Cooperation Agreement Between the New Hope.' Housing and Redevelopment Auth6rity and the New Hope City Council." 4. Said meeting was duly held, pursuant to call and notice thereof as required by law. WITNESS my hand officially as such Clerk and the seal of '" s~id City, this 26thday of July .. , 1979 . -~ - \ ~erk-¥r'e~su~r CERTIFICATION OF MINUTES RELATING TO " $200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS Issuer: City of New Hope,' Minnesota Governing body: City Council Kind, date, time and place of meeting: a regular meeting held July 23, 1979, at o'clock .M. in the Members present: Members absent: Documents attached: Minutes of said meeting (pages): 1 through 13, including RESOLUTION RELATING TO $200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS; AWARDING THE SALE THEREOF RESOLUTION RELATING TO $200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS; AUTHORIZING AND ESTABLISHING THE TERMS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF, AND LEVYING TAXES FOR THEIR PAYMENT I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they' have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all docu- ments approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of July, 1979. ~~~~~:/~ ~--~J S i gn ature , City Clerk-Treasurer (SEAL) Name and Title publication in the official newspaper and in Finance and Commerce of the notice of sale of $200,000 General Obligation Redevelopment Bonds of the City, bids for which were to be considered at t~is meeting as provided by a resolution of the City Council, adopted June 9, 1979, entitled "Resolution Relating to $200,000 General Obligation Redevelopment Bonds; AUthorizing the Public Sale Thereof." The affidavits were examined and approved and ordered placed on file. The City Clerk-Treasurer reported that six sealed bids for the purchase of the Bonds had been received at his office'at or before the time stated in the notice, and the bids were then opened and publicly read and considered, and were all found to conform to the notice of sale and to be accompanied by the required security, and the purchase price, coupon rates and net interest cost under the terms of each bid were found to be as follows: Net Interest Bidders Address Price Cost ~Please see attached page for results of sale -1- EVENSEN-DODGE, INC. $200,000 G~ERAL OBLIGATION REDEVELOP~NT BONDS CITY OF NEW HOPE, MINNESOTA JULY 23, 1979 MOODY'S - A BIDDER ADDRESS RATE PRICE NIC AMERICAN NATIONAL BANK AND TRUST CO. St. Paul 5.40%-1983/87 $197,900 $68,880.02 5.5698% FIRST NATIONAL BANK OF MINNEAPOLIS Minneapolis 5.40%-1983/85 $198,400 $68,999.58 New Hope State Bank New Hope 5.45%-1986 5.5794% 5.50%-1987 THE FIRST NATIONAL BANK OF SAINT PAUL St. Paul 5.40%-1983/86 $198,020 $69,215.02 5.50%-1987 5.5969% PIPER, JAFFRAY & HOPWOOD, INC. Minneapolis 5.40%-1983/85 $197,650 $69,749.60 5.45%-1986 5.6401% 5.50%-1987 DAIN, KALMA2~ & QUAIL, INC. Minneapolis 5.40%-1983/84 $197,420 $70,423.33 5.50%-1985/87 5.694609% ALLISON-WILLIAMS COMPANY Minneapolis 5.50%-1983/87 $196,600 $71,416.69 5.7749% THESE BONDS WILL BE REOFFERED AT PAR. 1900 Midwest Plaza Building, Minneapolis, Minnesota 55402 612/338-3535, Mi ..... ~ 800/328-8200 Member Enck introduced the following resolution and-moved its adoption: RESOLUTION RELATING TO $200,000 ~GENERAL OBLIGATION REDEVELOPMENT BONDS; AWARDING THE SALE THEREOF BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: Section 1. Authorization. The City has by a resolution adopted June 9, 1979, entitled "Resolution Relating to $200,000 General Obligation Redevelopment Bonds; Authorizing the Public Sale Thereof" (the Resolution) determined to issue $200,000 General Obligation Redevelopment Bonds of the City (the Bonds), for the payment of which the Housing and Redevelopment Authority of the City has agreed to segregate and to pledge and appropriate the tax incre- ments resulting from redevelopment of a project area, designated as New Hope Redevelopment Project 1 (the Project Area), as certi- fied by the County Auditor of Hennepin County from year to year, pursuant to Minnesota Statutes, Section 462.585, Subdivision 4. Section 2. Sale. Notice of sale of the Bonds has been duly published and the Council has publicly received, opened and considered all sealed bids presented in conformity with the notice. The most favorable of such bids is ascertained to be that of The American National Bank and Trust Company of St. Paul,MN. , and associates, to purchase the Bonds at a price of $197,900 plus accrued interest to the date of delivery, with the Bonds-bearing interest at the annual coupon rates set forth as follows: Year Rate 1983 5.40% 1984 " 1985 . " 1986 " 1987 " and upon the further terms and conditions set forth in the Sale Resolution. Section 3. Contract for Sale. The Mayor and City M~nager are directed to execute in duplicate a contract on the part of the City for the sale of the Bonds in accordance with the proposal described in Section 2, and to deliver a duplicate to the purchasers. The City Clerk- Treasurer is directed to retain the purchasers' check securing -2- the contract of sale until the Bonds are delivered~and the purchase the contract of sale until the Bonds are de--nd the purchase price is paid and to return the che~ds tothe respective bidders. Attest: ~~~~k / ~yor / ' C~y Cler -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Me~er , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and attested by the City Clerk-Treasurer. Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $200,000 GENERAL OBLIGATION REDEVELOPMENT BONDS; AUTHORIZING AND ESTABLISHING THE TERMS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF, AND LEVYING TAXES FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: Section 1. Authorization and Sale. 1.01 Authorization. The City has by a resolution adopted June 9, 1979, entitled "Resolution Relating to $200,000 General Obligation Redevelopment Bonds; Authorizing the Public Sale There- of" (Sale Resolution) determined to issue $200,000 General Obliga- tion Redevelopment Bonds of the City (the Bonds), for the payment of which the Housing and Redevelopment Authority of the City has agreed to segregate and to pledge and appropriate the tax incre- ments resulting from redevelopment of a project area, designated as New Hope Redevelopment Project 1 (the Project Area), as certified by the County Auditor of Hennepin County from year to year, pursuant to Minnesota Statutes, Section 462.585, Subdivision 4. -3- 1.02 Sale. Notice'of sale of the Bonds has been duly pub-. lished and the Council has publicly received, opened and considered all sealed bids presented in conformity with the notice. The most favorable of 'such bids was ascertained to be that of American National Bank and Trust Co. of St. Paul~ Minnes.ota~ to purchase the Bonds at a price of $197~900 plus accrued interest to the date of delivery, and upon the further t~rms and conditions set forth in the Sale Resolution. 1.03 Maturities of Bonds. The $355,000 Improvement Bonds of 1976, 'dated February 1, 1976; are hereby designated as a "desig- nated issue" pursuant to Minnesota Statutes, Section 475.54, Subdivision 2, in order ~that the combined maturities of the Bonds and the $355,000 Improvement Bonds.of 1976 will conform to Minnesota Statutes, Section 475.54, Subdivision 1. Section 2. Forms. 2'.0~ Form of t-he Bonds. The Bonds shall be printed in sub- stantially the following form: -4- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE GENERAL OBLIGATION REDEVELOPMENT BOND No. $5,000 KNOW ALL MEN BY THESE PRESENTS that the City of New Hope, a duly organized and existing municipal corporation of Hennepin County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer upon presentation and surrender hereof the principal sum of FIVE THOUSAND DOLLARS on the 1st day of February, 19 , or, if this Bond is redeemable as provided below, then on a da~' prior thereto on which it shall have been duly called for redemption, and to pay interest on the principal sum from the date hereof until paid or until this Bond, if redeemable, has been duly called for redemption, at the rate of percent ( %) per annum, payable February 1, 1980, and semiannually thereafter on February 1 and August 1 in each year, interest to maturity being payable in accordance with and upon presentation and surrender of the interest coupons appurten- ant hereto. Both principal and interest are payable at , in , , or at the office of such successor paying agent as may be designated by the City Council under the provisions of the resolution authorizing the issuance hereof, in any coin or currency of the United States of America which on the respective dates of payment is legal tender for payment of public and private debts. For the prompt and full payment of such principal and interest as the same become due, the full faith, credit and taxing powers of the City are hereby irre- vocably pledged. This Bond is one of an issue of Bonds in the aggregate principal amount of $200,000, all of like date and tenor except as to serial number, maturity date, redemption privilege and inter- est rate, issued for the purpose of providing moneys in aid of a redevelopment project designated as New Hope Redevelopment Project 1, in anticipation of the collection of the tax increment and revenues resulting from the redevelopment of the project area, as certified annually by the County Auditor of Hennepin County, pur- suant to Minnesota Statutes, Section 462.585, Subdivision 4, and is issued pursuant to resolutions duly adopted by the City Council and pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota, including Minne- sota Statutes, Sections 462.581 and 462.585 and Chapter 475. Bonds of this issue maturing in 1986 and 1987 are each subject to redemption and prepayment at the option of the City and in inverse order of serial numbers and by lot as to Bonds having the same maturity date, on February 1~ 1985 and any interest pay- ment date thereafter, at a price equal to the principal amount thereof plus accrued interest. Notice of call for redemption will be published in a financial newspaper published in a Minnesota city of the first class, or its metropolitan area, and will be mailed to the bank at which principal and interest are then pay- able and to the holder of each Bond called for redemption who has filed with the City Clerk-Treasurer a written request to receive such notice, but failure to mail notice shall not affect the valid- ity of any published call for redemption. IT IS HEREBY CERTIFIED AND RECITED that all acts, condi- tions and things required by the Constitution and laws of the State of Minnesota to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a vaiid and binding general obligation of the City according to its terms do exist, have happened and have been performed in regular and due form, time and manner; that all taxable property within the City is subject to the levy of a direct, 'annual, ad valorem tax, which has been levied and is required to be extended, assessed and col- lected for the years and in such amounts as may be required, to pay the principal of and interest on the Bonds of this issue when due, which levy is not limited as to rate or amount; and that the issu- ance of this Bond does not cause the indebtedness of the City to exceed any applicable constitutional or statutory limitation. IN WITNESS WHEREOF, the City of New Hope, Hennepin County, Minnesota, by its City Council, has caused this Bond and the inter- est coupons appurtenant hereto and the certificate on the reverse side hereof to be executed and authenticated by the signatures of the Mayor and City Manager, and its corporate seal to be affixed hereto, all such signatures and the seal being authentic printed, engraved or lithographed facsimiles except for the manual signature of one of such officers on the face of this Bond, and has dated this Bond as of July 1, 1979. Mayor Attest: City Manager (SEAL) 2.02 Form of Coupons. Interest to the maturity date of each of the Bonds shall be represented by consecutively numbered coupons attached thereto, in substantially the following form: No. $5,000 On the first day of February (August), 19 , unless the Bond described below is subject to and has been duly called for redemption, the City of New Hope, Hennepin County, Minnesota, will pay to bearer at , , the amount shown he~eon in lawful money of the United States of America for the installment of in- terest then due on its General Obligation Redevelopment Bond, dated July 1, 1979, No. . (Fascimile signature) (Fascimile signature) City Manager Mayor 2.03 Form of Certificate. A certificate in substantially the following form shall be printed on the reverse side of each of the Bonds, following a copy of the text of the legal opinion to be rendered by bond counsel: We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of New Hope, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Fascimile signature) (Fascimile signature.) City Manager Mayor -7- Section 3. Terms, Execution an~.Delivery. 3.01 Date, Denomination, Maturities, Rates. The Bonds shall be dated July 1, 1979, shall mature in order of serial num- bers on February 1 in the following respective years and amounts, and shall bear interest at the respective annual rates indicated opposite their maturity years: Interest Year Amount Rate 1983 $10,000 5.40% 1984 30,000 " 1985 50,000 " 1986 50,000 " 1987 60,000 The Bonds shall be in the aggregate principal amount of $200,000, shall be 40 in number and numbered from 1 to 40, inclusive, each in the denomination of $5,000. 3.02 Interest Payment Dates, Payin9 Agent. The interest on the Bonds shall be payable February 1, 1980, and semiannually thereafter on February 1 and August 1 in each year. Both princi- pal and interest shall be payable at American National Bank & Trust Company which is designated as paying agent, or in the event of its resignation, removal or incapability of acting as paying agent, at the office of such successor payzng agent as may be appointed by the Council, and'the City agrees to pay the reasonable and customary charges of the paying agent for this service. Upon merger or consolidation of the paying agent with another cor- poration, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor paying agent. No resignation of the paying agent and no appointment of a successor paying agent shall become effective until the date specified in a notice of the appointment which the Council shall cause to be published in a financial newspaper in a Minnesota city of the first class or its metropolitan area, not less than thirty days before said effec- tive date. 3.03 Redemption Privilege. Bonds maturing in !986 .and 1987 shall each be subject to redemption and prepayment at the option of the City, in inverse order of serial numbers and by lot as to Bonds having the same maturity date, on February 1, 1985, and any interest payment date thereafter, at a price equal to the principal amount thereof plus accrued interest. Not less than 30 days before the date specified for redemption, the City Clerk-Treasurer shall cause notice of call for redemption to be published in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service. -8- The City Clerk-Treasurer shall also mail such notice to the bank at which principal and interest on the Bonds are then payable and to the holder of each Bond Called for redemption who has filed with the City Clerk-Treasurer a written request to receive such notice, but published notice shall be effective without mailing. 3.04 Execution and Delivery. The Bonds and the interest coupons and the certificate on the reverse side of each o.f the Bonds shall be executed and authenticated on behalf of the City by the signatures of the Mayor and City Manager, and the corpor- ate seal of the City shall be affixed to each of the Bonds. %11 signatures and the seal shall be printed, engraved or litho- graphed facsimiles except for the manual signature of one of such officers on the face of each of the Bonds. The Bonds shall then be delivered by the City Manager to the purchasers on receipt o~ the purcnase price stated in Section 1.02. The purchasers s~all not be required to see to the application of the proceeds of the Bonds. All proceeds shall be credited to a special account on the official books and records of the City and disbursed solely in payment of valid claims duly allowed by the Council for capital expenditures included in the public redevelopment cost of the re- development project in the Project Area financed by the Bonds. Section 4. Si~k~ng Fund~ Tax Levies and Tax Increments. 4.01 Sinking Fund. So long as any of the Bonds are outstand- ing and unpaid, the City Clerk-Treasurer shall maintain a sinking fund for the payment of the Bonds as a separate and special book- keeping account on the official books and records of the City, to be used for no purpose other than the payment of the principal of and interest on the Bonds and such other general obligation bonds of the City, if any, as may be issued for the payment of ~ the public redevelopment cost of the New Hope Redevelopment 1 Proj- ect and any other public redevelopment cost of the Project Area. If the balance in the Sinking Fund is ever sufficient to pay all. principal and interest then due on the Bonds, the City shall nevertheless provide sufficient money from any other funds of the City which are available for that purpose, and such other funds shall be reimbursed from the proceeds of the taxes levied for the Sinking Fund. The City shall deposit in the Sinking Fund all money which may at any time be received or appropriated to the payment of the Bonds and interest thereon, including the taxes levied by this Resolution and the tax increments herein pledged, and the accrued interest and any amount in excess of $200,000 bid for the Bonds and received from the purchaser upon'delivery of the Bonds and the sum of $27,500 representing interest costs dur- ing construction. 4.02 Tax Levy. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of and interest on the Bonds and on all other -9- bonds made payable from the sinking fund set forth in Section 4.01, as such principal and interest become due. For that purpose there is appropriated to the sinking fund from the proceeds of the Bonds the sum set forth in Section 4.01. for the purpose of paying interest thereon to February 1, 1982, after which it is ~presently estimated that the tax increments will be received in sufficient amounts to provide for the principal of and interest on the Bonds; and a direct, annual, ad valorem tax is levied upon all taxable property within the corporate limits of the City, to be spread upon the tax rolls prepared in each of the following years and collected in each of the respective ensuing years, in the following respective amounts for the Bonds: Levy Collection Year Year Amount 1981 1982 $21,900 1982 1983 42,300 1983 1984 61,500 1984 1985 58 800 1985 1.98'6 66~400 1986 1987 The above tax levy shall be irrevocable, except that the right is ~' reserved to reduce each annual levy. in the manner and to the extent provided in Section 4.03. 4.03 Tax Increment.' The County Auditor of Hennepin County has certified that he has been requested by the New Hope Housing and Redevelopment Authority to certify the assessed valuation of all taxable property .in the Project Area, according to the assess- ment as of January 2, 1979, and that he will certify such assessed valuation to the New Hope Housing and Redevelopment Authority once the value thereof is determined as of 0anuary 2, 1979 and that no further documents need'be filed with Hennepin County for such certification. Under the provisions of Minnesota Statutes, Section 462.585, Subdivision 3, the County Auditor of Hennepin county will include only the original taxable value according to the assessment as of January 2, 1979 in the assessed valuation upon which the County Auditor of Hehnepin County computes the rate of all state, county, city, school district and other taxes, but will extend the rates so determined against the entire assessed valuation of such real property in 1980 and each subsequent year, and the County Treasurer will remit to the Housing and Redevelop- ment Authority of the City of New Hope that proportion of the taxes paid each year on such real property within the Project Area which the excess of the assessed valuation over the original taxable value bea~s to such original taxable value. The Authority has agreed to segregate the tax increments so received until the public redevelop- ment cost of the Project, including interest on the Bonds, has been paid and the City has been fully reimbursed for any pricipal of and interest on the Bonds which has been paid from the city-wide taxes herein levied. The Authority has pledged and appropriated the tax increments to the sinking fund referred to in Section 4.01 hereof, for the payment of such principal and interest on the re- duction, cancellation and reimbursement of such taxes. In accor- dance with the provisions of Minnesota Statutue~, Section 475.61, -10- the City Auditor of Hennepin County shall certify annually to the County Auditor of Hennepin County the amount of tax increments and any other funds appropriated to and then held in the sinking fund referred to in Section 4.01 hereof for the Bonds and shall request the County Auditor of Hennepin County to reduce by the amount so certified, and if possible, to cancel the amount of the tax levy otherwise to be included in the tax rolls next thereafter prepared. Section 5. Certifications of Proceedings, Defeasance and Arbitrage. 5.01 County Auditor's Certificate. The City Clerk-Treasurer is directed to file with the County Auditor of Hennepin County a certified copy of this Resolution and such other information as the County Auditor may require, and to obtain from the County Auditor a certificate stating that the tax required by law for the payment of the Bonds has been duly levied and that the Bonds have been en- tered upon his bond register. ~ 5.02 Certification of Proceedings. The officers of the City and the County Auditor of Hennepin County are authorized and direc- ted to prepare and furnish to the purchasers of the Bonds, and to bond counsel certified copies of all proceedings and records of the City relating to the authorization and issuance of the Bonds and such other affidavits and certificates as may reasonably be required to show the facts relating to the legality and marketabil- ity of the Bonds as such facts appear from the officers' books and records or are otherwise known to them. All such certified copies, certificates and affidavits, including any heretofore fur- nished, constitute representations of the City as to the correct- ness of the facts recited therein and the actions stated therein-. to have been taken. 5.03 Defeasance. When all of the Bonds, and all coupons appertaining thereto have been discharged as provided in this sec- tion, all pledges, covenants and other rights granted by this reso- lution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds and coupons appertaining thereto which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or if any Bond or coupon should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds according to their terms, by depositing with the paying agent on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, pro- vided that notice of such redemption has been duly given as pro- vided herein. The City may also at any time discharge its obligations with respect to any Bonds,-subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required to pay all principal, interest and redemption premiums to become due thereon to maturity or said redemption date. 5.04 Arbitrage. The Mayor and City Clerk-Treasurer, being the officers of the City charged with the responsibility for is- suing the obligations pursuant to this Resolution, are author- ized and directed to execute and deliver to the purchaser a certification in accordance with the provisions of Section 103(c) of the Internal Revenue Code of 1954, as amended (the Code) and Treasury Regulations, Sections 1.103u13 and 1.103-14, stat- ing that on the basis of the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds as therein set forth, it is not expected that the proceeds of the Bonds will be used in such a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and said Regulations, and the certification shall further state that to the best of the knowledge and belief of the certifying officers there are no other facts, estimates or circumstances that would materially change such expectation. 5.05 Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Code and regulations, amended regulations and proposed regulations issued thereunder, as now existing or as here- inafter amended or proposed and in effect at the time of such action. 5.06 Investment of Moneys on Deposit in Sinking Fund. Unless and until the regulations under Section 103(c) of the Code which have been published by the Internal Revenue Service prior to the date hereof have been modified or amended in pertinent part, the City Clerk-Treasurer shall ascertain monthly the amount on depos- it in the Sinking Fund. If the amount on deposit therein ever exceeds by more than $30,000, the aggregate amount of principa!~- and interest due and payable from said Sinking Fund within 13- months thereafter, such excess shall not be invested except at a yield less than or equal to the yield on the Bonds, whichever is less, based upon their amounts, maturities and interest rates on their date of issue, computed by the actuarial method. If any additional bonds are ever issued and made payable from the Sinking Fund referred to in Section 4.01 hereof, the dollar amount in the preceding sentence shall be changed to equal fif- teen percent of the aggregate principal amount of all bonds and the bonds which are then outstanding and payable therefrom. The City reserves the right to amend the provisions of this Section 5.06 at any time, whether prior to or after the delivery of the Bonds, if and to the extent that this Council determines that the provisions of this Section 5.06 are not necessary in order to assure that the Bonds are not arbitrage bonds under Section 103(c) of the Code and the applicable regulations. 5.07 Official Statement. The City Clerk-Treasurer, in cooperation with Evensen-Dodge, Inc., Financial Consultants to the City, has prepared and presented to this Council an Official Statement, dated July 16, 1979 (the Official Statement), contain- ing financial and other information relative City and the Bonds. The Official Statement and its~ti~n to prospec- tive purchasers of the Bonds is her~~ cit~ ~er~- reasur . The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and attested by the City Clerk- Treasurer. -13- CERTIFICATIO~I OF I~INUTES PJ~LATING TO TAX iNCREMENT PLEDGE AGREEMENT Issuer: City of New Hope, Minnesota Governing body: City Council Kind, date, time and place of meeting: a regular meeting held July 23, 1979, at o'clock .M. in the Mer~ers present: Members absent: Documents attached: Minutes of said meeting (pages): 1 RESOLUTION NO. 1867 RESOLUTION RELATING TO NEW HOPE REDEVELOPMENT PROJECT 1; APPROVING A TAX INCREMENT PLEDGE AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY THEREFOR I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they~ have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all docu- ments approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly ]]eld by the governing body at the time and ·place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WI~qESS my hand officially as such recording officer this day of July , 1979. (SEAL) _ , City Clerk-Treasurer Name ~n~ Title RESOLUTION RELATING TO NEW HOPE REDEVELOPMENT PROJECT 1; APPROVING A TAX INCREMENT PLEDGE AGREEMENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY THEREFOR WHEREAS, this City Council has approved New Hope Redevel- opment Plan 1 and New Hope Redevelopment Project 1 (the Project), both of which were forwarded to the Council by the New Hope Hous- ing and Redevelopment AuthoritY; and WHEREAS, the Project will be undertaken as a tax incre- ment redevelopment project, as provided in the Municipal Housing and Redevelopment Act (M.S.A. 462.411 to 462.716); and WHEREAS, a tax increment pledge agreement between the City and the Authority has been prepared to formalize the details necessary to effectuate such a tax increment project: NOW, THEREFORE, BE IT RESOLVED by the City Council of New Hope, Minnesota, that it hereby approves the proposed Tax Increment Pledge Agreement with the Housing and Redevelopment .Authority for the Project. BE IT FURTHER RESOLVED that the Mayor, City Manager and City Clerk-Treasurer be and they hereby are au~ execute said Agreement for and on behalf of the CitifY. Adopted by the City Council this_23rd~,o~July~. Attest: ~ty Clerk-Treasurer CERTIFICATE I, Betty Pouliot , the duly appointed, qualified and acting City Clerk-Treasurer of the City of New Hope, Hennepin County, Minnesota, do hereby certify that I have com- pared the attached copy of the TAX INCREMENT PLEDGE AGREEMENT BETWEEN THE NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITY AND THE CITY OF NEW HOPE, MINNESOTA with the .original of such Agreement on file in my office and that the same is a true and correct copy of such agreement which was duly adopted at a re~ular meeting of the City Council, duly held on the 23rd day of July , 1979. ~ r ~Treasure (S EAL ) TAX INCREMENT PLEDGE AGREEMENT BETWEEN THE NEW HOPE HOUSING AND REDEVELOPMENT AUTHORITY, AND THE CITY OF NEW HOPE, MINNESOTA THIS AGREEmeNT, made and entered into this 23rdday of .July , 1979, by and.between the Housing andRedevelopment Auth- ority in and for the City of New Hope, a public corporation organized under the laws of the State of Minnesota (the Authority) and the City of New Hope, County of Hennepin, State of Minnesota, a municipal organization organized under the laws of the State of Minnesota (the City). WHEREAS, under and pursuant to the provisions of Minnesota Statutes, Chapter 462, the Authority applied to the City Council of the City for the approval of the undertaking of a redevelopment project designated as New Hope Redevelopment Project 1 (the Project) to faciligate the development of land within the area included in the Project (the Project.Area), accompanied by a redevelopment plan, financing plan and the opinion of the City Planning Board .thereon; and by a Resolution of the City Council of the City, adopted on May 14, 1979, after published notice and public hearing as required by law. The City Council found that the land in the project area for the Project would not be made available without the financial aid to be sought, that the redevelopment plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the redevelopment of such areas by private enterprise, and that the redevelopment plan conforms to the general plan for the development of the locality as a whole, and the City Council approved the redevelopment plan and the Project; and WHEREAS, the Authority has ~etermined that it is neces- sary and desirable for the City to assist in completing the Project, and the City has determined that such assistance is needed to com- plete the Project, for the orderly and economic development of the City and for the development of additional real estate tax base; and WHEREAS, in order to pay the public redevelopment cost of the'Project, the Authority has requested the City Council to issue general obligation bonds of the City pursuant to the provisions of Minnesota Statutes, Chapters 462 and 475, and the City Council has authorized the issuance and sale of $200,000 General Obligatioh Redevelopment Bonds of the City, dated as of July 1, 1979 (the Bonds); and WHEREAS, under and pursuant to Minnesota Statutes, Sec- tion 462.585, Subdivision 4, the Authority is authorized to pledge and appropriate any part or all of the tax increments received from the Project and any part or ali. of the revenues received from lands in the project area of the Project while owned.by the Autho- rity, for the payment of the principal of and interest'on'the Bonds and any additional series of bonds issued by the City upon request of the Authority in aid of the Project, and to enter into this Agreement with the City Council respecting such pledge; NOW, THEREFORE, the City and the Authority mu. tually cove- nant and agree as follows: 1. The Authority will proceed expeditiously with the acquisition and redevelopment of such lands and the construction of such public improvements within the project area of the Project as are needed for the effectuation of the redevelopment plan, and with the disposal of lands so acquired and redeveloped in conformity with the plan, as provided in the Munfcipal Housing and Redevelop- ment Act, Minnesota Statutes, Sections 462.411 to 462.711. · 2. The City will proceed forthwith to issue and sell the Bonds for the payment of the public redevelopment cost of the Pro- ject and additional series of bonds in such additional amount or amounts'as the Authority shall request and the City Council shall determine. In support of each such request, the Authority shall submit a current statement, as of the date of the request, as to costs incurred and estimated to be incurred and tax.increments and revenues.received and estimated to be received from the inception' to the completion of the.Project. 3. Ail proceeds of the Bonds and any~ additional series of bonds issued by the City'in aid of the Project, all revenues and tax increments with respect to the Project, which are received by the City from the Authority, and all income from the investment thereof, shall be segregated by the City in a special fund, which shall be used by the City solely for the payment of the principal of and interest on the Bonds and any additional series of bonds and, upon requisition from and certifi, cation by the Authority, for the payment of the public redevelopment costs of the Project. 4. The Authority pledges and appropriates all tax incre- ments to be received from the Project, and revenues received from lands in the Project Area while owned by the Authority, for the pay- ment of principal of and interest on the Bonds and any additional series of bonds issued by the City in aid of the Project, and agrees to segregate all such tax increments and revenues in a special account on its official books and records and to cause them to be credited and remitted as received to said special fund of the City~ On or prior to the date of certification of City taxes in each year for collection by the County, the City Clerk-Treasurer shall trans- fer from said special fund to the bond fund.maintained for the pay- ment of the Bonds, under the provision of Minnesota Statutes, Section 475.61, an amount sufficient to pay all principal and interest then due or'to become due thereon in the following year. Subject to this requirement, the City Clerk-Treasurer shall disburse moneys in the bond fund upon requisition and certification by the Authority in payment or reimbursement of the public redevelopment cost of the Project. 5. When the entire public redevelopment costs have been paid, including payment of all principal and interest on the Bonds and any additional series of bonds issued by the City in aid of the Project, the Authority shall report such fact to the City Coun- cil and submit a final statement of the public redevelopment cost, tax increments and revenues. Upon audit of this statement and approval thereof by the City Council, the payment of the public re- development cost shall be reported to the County Auditor. There- after the entire assessed valuation of the project area for the Project will be included in the assessed valuations upon which the tax mill rates are computed and extended and taxes are remitted to all taxing districts. 6. An executed copy of this Agreement shall be filed with the Finance Manager of Hennepin County, and shall constitute the request and authorization of-the Authority and the City to the Finance Manager and Treasurer to compute, collect and segregate said tax increments in accordance with the provisions of this Agreement and of Minnesota Statutes, Section 462.585, Subdivisions 2 - 4, inclusive. IN WITNESS WHEREOF, the City and the Authority have caused this Agreement to be duly executed on their behalf and their seals t<~-~ to be hereunto affixed and such signatures and seals to be attested, as of the date and year first written above. THE HOUSIi )PMENT AUTHORITY IN AND NEW HOPE, MINNESOTA $~ (SEAL) CITY OF By (SEAL) Attest: y Clerk-Treasurer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT NO. 356 (PROPOSED NEW HOPE HIGHLANDS ADDITION AND OTHER AREAS) BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have heretofore reported to this Council that a water, sanitary sewer, and storm sewer improvement for the City as hereinafter described is feasible and may best be made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the City is $96,860. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed contruction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-PlYmouth Post, being the official newspaper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT NO. 356 (PROPOSED NEW HOPE HIGHLANDS ADDITION AND OTHER AREAS) City of.New Hove, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 13th day of August, 1979 at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described herein- after. 2. The general nature of the improvement is the construction of water main, sanitary sewer ~ manholes, house services, hydrants, and all other appurtenant works and services reasonably required therefor, to- gether with storm sewer, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: The West 1/2of the Northwest 1/4 of Section 18, Township 118, Range 21 West. 3. The estimated cost of said 'improvement is $96,860. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said'improvement. Dated the 23rd day of July, 1979. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 2nd and 9th days of August, 1979. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Dated this 23rd day of July, 1979. ng Mayor Attest: Be~~'~li°t, Cle~k-Treasurer -3- RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT NO. 357 (PROPOSED JOHNSON-ST. CROIX ADDITION AND OTHER AREAS) BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have heretofore reported to this Council that a water, sanitary sewer, and storm sewer improvement for the City as hereinafter described is feasible and may best be made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the City is $82,450. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed contruction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official newspaper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT NO. 357 (PROPOSED JOHNSON- ST~ CROIX ADDITION AND OTHER AREAS) City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 13th day of August, 1979 at 7:00 o'clock P.M. at the City Hall, .4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described herein- after. 2. The general nature of the improvement is the construction of water main, sanitary sewer, manholes, house services, and all other appurtenant works and services reasonably required therefor, together with storm sewer, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: The East 1/2 of the Southwest 1/4 of Section 20, Township 118, Range 21 West. 3. The estimated cost of said improvement is $82,450. 4. The area proposed to be assessed for the making of said'improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said'improvement. Dated the 23rd day of July, 1979. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 2nd and 9th days of August, 1979. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Attest: BeVy ~oUliot ~ Clerk-Treasurer -3- RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER AND SANITARY SEWER 'IMPROVEMENT NO. 359 (NEAR QUEBEC AVENUE) BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have heretofore reported to this Council that a water and sanitary sewer improvement for the City as herein- after described is feasible and may best be made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the City is $38,460. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed contruction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official newspaper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED WATER AND SANITARY SEWER'IMPROVEMENT NO. 359 (NEAR QUEBEC AVENUE) Cit~ of New Hob)e, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 13th day of August, 1979 at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described herein- after. 2. The general nature of the improvement is the construction of water main, sanitary sewer, manholes, house services, hydrants, and all other appurtenant works and services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: That part of Lot 9, Auditor's Subdivision No. 324, Southwest 1/4 of the Northwest 1/4, Section 17, Township 118, Range .21 West. 3. The estimated cost of said improvement is $38,460. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said'improvement. Dated the 23rd day of July, 1979. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 2nd and 9th days of August, 1979. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- hearing shall be held . cordance with which said ~'/~~ ~_~~ Dated this 2Srd day of July Attest: Bett'y. Pouliot, Clerk-Treasur - -3- RESOLUTION ORDERING CONSTRUCTION OF WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT NO. 356 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (PROPOSED NEW HOPE HIGHLANDS ADDITION AND OTHER AREAS) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 13th day of August, 1979, at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Water, Sanitary Sewer, and Storm Sewer Improvement No. 356 of the City, after notice of said hearing was duly published as required by law in the New Hope-Plymouth Post, the official newspaper of the City, on August 2 and 9, 1979. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has .eXamined and approved the mailing list containing the n:ames and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposedimprovement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said'improvement shall include the property described in the notice of public hearing pertaining thereto. 5. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the City Council this 13th day of August, 1979. ~t~t~/~6uliot, Clerk-Treasurer (Seal) RESOLUTION ORDERING CONSTRUCTION OF WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT NO. 357 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (PROPOSED JOHNSON-ST. CROIX ADDITION AND OTHER AREAS) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 13th day of August, 1979, at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Water, Sanitary Sewer, and Storm Sewer Improvement No. 357 of the City, after notice of said hearing was duly published as required by law in the New Hope-PlYmouth Post, the official newspaper of the City, on August 2 and 9, 1979. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed 'improVement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said'improvement shall include the property described in the notice of public hearing pertaining thereto. 5. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said~improvement. Adopted by the City Council this 13th day of August, 1979. ~,., ~l~-J. Erickson, Mayor Attest: / s B~tyJouliot ~ Clerk-Treasurer (Seal) RESOLUTION ORDERING CONSTRUCTION OF WATER, AND SANITARY SEWER IMPROVEMENT NO. 359 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (NEAR QUEBEC AVENUE) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 13th day of August, 1979, at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Water and Sanitary Sewer ~ ImproVement No. 359 of the City, after notice of said hearing was duly published as required by law in the New Hope-Plymouth Post, the official newspaper of the City, on August 2 and 9, 1979. 2. This Council has examined and approved the Affid, avit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed'improvement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the City Council this 13th day of August, 1979. · ~ ~~, Erickson ~ Mayor ~ Be~ty~uliot ~ Clerk-Treasurer (Seal) RESOLUTION CONSOLIDATING'IMPROVEMENT NOS. 356, 357, AND 359 BE IT RESOLVED by the City Council of the City of New Hope ~ Minnesota as follows: 1. This Council has heretofore ordered construction of and preparation of plans and specifications of Improvement Nos. 356, 357, and 359. 3. This Council deems it desirable to combine the said three projects for bidding purposes and they are hereby combined into a single project to be know as Water, Sanitary Sewer and Storm Sewer Improvement No. 356A. Adopted by the City Council this 13th day of August, 1979. I~etty ~ouliot ~ Clerk-Treasurer (Seal) RESOLUTION VACATING STREET EASEMENT IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF CSAH 9 AND 18, FLETCHER-HARRINGTON-HRA PARCEL BE IT RESOLVED by the City Council of the City of New Hope, County of Hennepin, State of Minnesota, as follows: 1. Pursuant to duly posted and published notice of the New Hope- Plymouth Post, the official newspaper of the City, for two weeks heretofore, a public hearing was held by this Council on the 13th day of August, 1979 pertaining to the petition of the New Hope Housing and Redevelopment Authority, contract purchaser, for the proposed vacation of the following street easement in the said City of New Hope, County of Hennepin, State of Minnesota, described as follows: That part of the following described tract: A strip of land 60 feet in width being 30 feet on each side of the following described line: Commencing at the Northeast corner of the Southwest one-quarter of the Northwest one-quarter of Section 18, Township 118, Range 21; thence southerly along the east line of the said Southwest Quarter of the Northwest Quarter to a point which is 115.5 feet south of the north line of said Southwest Quarter of the Northwest Quarter; thence westerly along a line which is parallel to and 115.5 feet south of the said north line for a distance of 110 feet to the actual point of beginning of the centerline to be described; thence continuing westerly along the same line for a distance of 60 feet, and there terminating, which lies south of the north 115.5 feet of said Southwest one-quarter of the Northwest one-quarter and westerly of a line 30 feet west of the following described line: Commencing at the intersection of the centerline of Gettysburg Avenue North as shown and dedicated in the plat of Gordon's Lakeview Terrace Addition and the north line of said addition; thence northerly, parallel with and 155 feet West of the east line of the Southwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 21, for a distance of 384.48 feet; thence along a curve, with a deflection angle of 31 degrees, 23 minutes, 17 seconds to the right and a radius of 355.90 feet, for a distance of 194.97 feet; thence northeasterly on a line tangent to said curve for a distance of 40 feet and there terminating. 2. After affording an opportunity to be heard to all persons who cared to be heard as to the said proposed vacation of said street easement, this Council finds and determines that it appears in the best interest of the public to vacate the said street easement and it is hereby declared to be vacated, pursuant to Minnesota Statutes § 412.851 and § 462.358, Subd. 7. 3. The Clerk-Treasurer is hereby directed to present to the proper officers of Hennepin County, Minnesota, Notice of Completion of said Vacation Proceedings in accordance with § 412.851 of Minnesota Statutes. Dated this 13th day of August, 1979. / Edw.jf. t~rick~({~{', Mayor ' Attest: ~~~ B~liot, Clerk-Treasurer -2- 'CERTIFICATION I, Betty Pouliot, being the duly appointed Clerk-Treasurer of the City of NeW Hope hereby certify that the preceding resolution entitled "Resolution Vacating Street Easement in the Southeast Quadrant of the Intersection of CSAH 9 and '18, Fletcher-Harrington-HRA Parcel" is a true and correct copy of a resolution duly adopted by the City Council of the City of New Hope the 13th day of August ~ 1979, by a vote of 5 affirmative votes and .. Q negative votes and Q abstentions, of a total Council membership of five votes. Dated the ].~th day of August, 1979. 'Bett~ P'0~liot, Clerk-Treasurer -3- RESOLUTION CONSIDERING CONDITIONAL USE DESIGNATED AS PLANNING CASE NO. 79-64 TO PERMIT OPEN STORAGE OF CHEMICALS AT DURA PROCESS CO. AND DENYING SAME WHEREAS, Chapter 462 of the Minnesota Statutes authorizes the City Council with the aid and assistance of the City Planning Commission to carry on municipal planning activities which guide future development and improve- ment of our community, and WHEREAS, Section 462.357 provides specific authorization as planning relates to zoning and land use and authorizes the City to adopt a Comprehensive Plan and ordinances establishing uses within different zoning districts, and WHEREAS, the City in 1960 approved a Comprehensive Municipal Plan, and enacted a zoning ordinance and established permitted uses and special use permits and variances for the individual districts and is attempting to plan and guide future development of the community, and WHEREAS, the New Hope City Council, after several years of study and numerous hearings, acting upon the recommendation of the Planning Commission, adopted a revised Comprehensive Municipal Plan on the 22nd day of May, 1978, pursuant to M.S. § 462.355, and WHEREAS, again after long study and numerous hearings, the City Council on June 11, 1979, adopted a new zoning ordinance to implement the revised Comprehensive Plan, said ordinance being Ordinance 79-11 of the City, and WHEREAS, Dura Process Co. petitioned the City for a conditional use permit to allow open storage of chemicals upon its property at 4000 Winnetka Avenue North, said matter being designated as Planning Case 79-64 of the City, and WHEREAS, pursuant to duly mailed and published notice, the petition was considered at a meeting of the New Hope Planning Commission on October 2, 1979, with all interested persons being given the opportunity to be heard, and WHEREAS, the Planning Commission had before it the Comprehensive Plan, the Zoning Code, Comments of the City Staff, and WHEREAS, the Planning Commission, on a vote of 5 to 0, recommended · that the City Council deny the petition for rezoning, and WHEREAS, at a public hearing on October 9, 1979, the City Council heard all persons interested who wished to be heard on the matter, and WHEREAS, the City Council had before it the Comprehensive Plan, the Zoning Code 79-11, minutes of the Planning Commission, and the Comments of City Staff, and WHEREAS, the Zoning Code permits outdoor storage as an accessory use to the main business as a special use in the I-1 zoning district in which the petitioner's property is situated providing these standards are met: a. The area is fenced and screened from view of neighboring residential uses. b. Storage is screened from view from the public right-of-way. c. Storage area is grassed or surfaced to control dust. d. Ail lighting is hooded and so directed that the light source shall not be visible from the public right-of-way. e. The provisions of 4.201 (5), which are: 1) The proposed use has been considered in relation to the policies and is consistent with the Comprehensive Plan. 2) The proposed use is compatible with adjacent land uses. 3) The proposed use conforms with all performance standards. 4) The proposed use will not depreciate the area. 5) Nuisance characteristics generated by the use will not have an adverse effect upon other properties or development. 6) The use will provide an economic return to the community and commensurate with other industrial uses that the property could feasibly be used for. In considering the economic return to the community, the Planning Commission and City Council may give weight to the sociological impact of a proposed use, both positive and negative. -2- In evaluating the application of these standards to the individual case, the Planning Commission and City Council are obligated to consider possible adverse effects of the proposed conditional use, and all such other and further factors as the City shall deem a requisite of consideration in determining the effect of such proposed use on the general welfare, public health and safety. NOW, THEREFORE, the New Hope City Council makes the following: FINDINGS OF FACT 1. The recitations above are incorporated herein by this reference. 2. The conditional use as proposed is in substantial compliance with fire and building codes, and in general meets the criteria described in paragraphs a, b, c and e(2), e(3), e(4), e(5), and d is not applicable. 3. As to e(6), the proposed conditional use will not provide an economic return to the community commensurate with other industrial use of the premises, such as an enclosed storage building of concrete or similarly secure con- struction. 4. The Council finds that the dangerous nature of the chemicals pro- posed for open storage produces an inherent potential for disaster which is not compatible with the general welfare, public health and safety, in a most literal sense. 5. The proposed wire fence does not offer enough security from vandals, pranksters or acts of nature to justify approval of the proposed conditional use. 6. The City has observed that similar fencing around its water tower has not kept pranksters off the top of the water tower, and finds that the accessibility of the chemicals in the wire fencing is too great for the dangerous chemicals, and the proposed conditional use would be deleterious to the public health, safety and welfare. The petition for a conditional use permit is accordingly DENIED. Dated the 13th day of November, 1979. · ricks°n, Mayor Attest: ~ J~et~y P~liot, Clerk-Treasurer -- 3 -- RESOLUTION DESIGNATING ADDITIONAL DEPOSITORY FOR FUNDS OF THE CITY OF NEW HOPE PERTAINING TO INVESTMENTS BE IT RESOLVED, that Home Savings be designated as one of the official depositories for purposes of investing City funds as authorized by State statutes~ Adopted by the City Council this 13th day of Wovember, 1979. / - - ~. Erickson, Mayor ATTEST: ~rk-Treasurer RESOLUTION IN REGARD TO SELECTION OF CANDIDATES FOR THE HOME IMPROVEMENT GRANT PROGRAM WHEREAS, the City of New Hope has decided to provide a Home Improvement Grant Program for qualifying homeowners with low incomes, and WHEREAS, the funding for this program is prodded for by the Urban Hennepin County Community Development Block Grant, and WHEREAS, a procedure needs to be established for the selection of applicants; THEREFORE, LET IT BE RESOLVED that the following selection cri- teria was adopted by the Home Improvement Grant Selec- tion Committee on October 15, 1979. The selection formula is to be based on a point system. Applicants receiving the largest number of points will be selected in numerical order until the total grant money of $10,000 is used. In addi- tion, consideration will be ~ven to the immediacy of the particular improvement. Family Income Plus Assets Points $ 5,001 - $10,000 12 $10,001 - $15,000 $15,001 - $20,000 8 $20,001 ~ $25,000 6 $25,001 - $30,000 4 $30,001 - $36,750 2 Age 62 and over 5 Disabled or Handicapped 5 Adopted the 13th day of November 1979. Clery-Treasurer RESOLUTION APPROVING 911 PLAN WHEREAS, M£nnesota Statutes 403 require that each county submit a final 911 Plan to the Department of Administration by December 15, 1979 and each county shall have an opera- tional 911 telephone system by December 15, 1982, and WHEREAS, the Hennepin Emergency Communications Organization (HECO) has prepared a final "911 Plan for Hennepin County" that has been submitted to the Hennepin County Board of Com- missioners, and WHEREAS, the rules promulgated by the Department of Administration which govern the design and operation of 911 systems in Minnesota require a certification by the County Board that the final 911 plan meets the needs of the safety agencies whose services will be available by dialing 911; and WHEREAS, representatives of the City of New Hope have participated in the development of the final "911 Plan for Hennepin Countyl',and WHEREAS, representatives of the cities of Brooklyn Center, Crystal, Golden Valley, New Hope and Robbinsdale are now considering the feasibility of consolidating their public safety com- munications services; NOW, THEREFORE, IT IS RESOLVED THAT the City of New Hope hereby cer- tifies that the final "911 Plan for Hennepin County" meets the needs of the safety agencies whose services are available within the previous paragraph, and IT IS FURTHER RESOLVED, that the City of New Hope recommends that the Hennepin County Board of Commissioners approve the final "911 Plan for Hennepin County" as submitted by HECO. Adopted this 13th day of November, 1979. ATTEST :~ /~71erk-Treasurer CITY OF NEW. HOPE . RESOLUTION APPROVING PLAT OF PAZANDAK ADDITION BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. It is hereby found and determined by this Council that the plat of land described in the title of this resolution is ac- cepted under the subdivision regulations of the City and that a public hearing has been duly held thereon. 2. This Council, as the platting authority provided by Chapter 670, Laws of 1965, does hereby approve the said plat. 3. The Mayor and Clerk are hereby authorized to sign the final plat. j ~~ ~/t~ u Mayor Attest : ~'-~k-Treasurer CERTIFICATION STATE OF MINNESOTA SS (COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of New Hope, hereby attest and certify that: (1) as such officer, I have the legal custody of the original Resolution of which the.foregoing is a true and correct copy: (2). that said Resolution was duly adopted at a meeting of the City Council of said City on the date hereafter-indicated; and (3) said meeting was duly held, pursuant to call and notice there- of as required by law, on ~/~~- /~ /f? ? - ,Wi tness~ my hand and the seal of said City this~F :ity Clerk-Treasurer RESOLUTION AUTHORIZING THE CITY TO RECEIVE EQUIPMENT AND EXECUTE AGREEMENT BE IT RESOLVED that the City of New Hope, Minnesota enter into an agreement with the State of Minnesota, Department of Public Safety for the following purpose, to wit: To provide authority for the City to receive from the State of Minnesota, Department of Public Safety, ALERT J3A portable breath test unit or units on a loan basis. The unit or units are to be used by City law enforcement officers to assist them in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121. BE IT FURTHER RESOLVED that the Mayor and City Manager be and they hereby are authorized to execute such agreement. Adopted this 26th day of December 1979. RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW-RENT PUBLIC HOUSING WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens, and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Housing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public hous- ing agencies for undertaking and carrying out preliminary planning of low rent housing projects that will assist in meeting this goal! and WHEREAS, the Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enterprise and that the Government shall not make any con- tract with a public housing agency for preliminary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and WHEREAS, the City of New Hope Housing Authority (herein called the "Local Authority") is a public housing agency and is applying to the Go- vernment for a preliminary loan to cover the costs of surveys and planning in connection with the development of low-rent housing; NOW, THEREFORE, be it resolved by the City Council of the City of New Hope as follows: 1. That there exists in the City of New HOpe a need for such low-rent housing which is not being met by private enterprise; 2. That the application of the Local Authority to the Government for a preliminary loan in an amount not to exceed $18,400 for surveys and planning in connection with low-rent housing pro- jects of not to exceed approximately 92 dwelling units is hereby approved. ~yor --- -\xdle .Treasurer RESOLUTION CONSIDERING REZONING REQUEST DESIGNATED AS PLANNING CASE NO. 79-21 TO REZONE THE SOUTHWEST QUADRANT OF HILLSBORO AVENUE NORTH AND 36TH AVENUE NORTH FROM LB TO RB FOR NATIONAL FOOD STORES, AND DENYING SAME WHEREAS, Chapter 462 of the Minnesota Statutes authorizes the City Council with the aid and assistance of the City Planning Commission to carry on municipal planning activities which guide future development and improve- ment of our community, and WHEREAS, Section 462.357 provides specific authorization as planning relates to zoning and land use and authorizes the City to adopt a Comprehensive Plan and ordinances establishing uses within different zoning districts, and WHEREAS, the City in 1960 approved a Comprehensive Municipal Plan, and enacted a zoning ordinance and established permitted uses and special use permits and variances for the individual districts and is attempting to plan and guide future development of the community, and WHEREAS, the New Hope City Council, after several years of study and numerous hearings, acting upon the recommendation of the Planning Commission, adopted a revised Comprehensive Municipal Plan on the 22nd day of May, 1978, pursuant to M.S. § 462.355, and WHEREAS, again after long study and numerous hearings, the City Council on June 11, 1979, adopted a new zoning ordinance to implement the revised Comprehensive Plan, said ordinance being Ordinance 79-11 of the City, and WHEREAS, National Food Stores petitioned the City to rezone premises in the southwest quadrant of Hillsboro Avenue North and 36th Avenue North from LB to RB (R3 to R4 under the new Zoning Code 79-11), said matter being designated as Planning Case 79-21 of the City, and WHEREAS, pursuant to duly mailed and published notice, the petition was considered at a meeting of the New Hope Planning Commission on May 1, 1979, with all interested persons being given the opportunity to be heard, and WHEREAS, the Planning Commission had before it the Comprehensive Plan and proposed new Zoning Code, the Findings and Comments of the City Staff, as well as the Site Development Analysis of Barton-Aschman Associates, Inc. dated April 1979, and WHEREAS, the Planning Commission, on a unanimous vote, recommended that the City Council deny the petition for rezoning, and WHEREAS, at a public hearing on May 14, 1979, the City Council heard all persons interested who wished to be heard on the matter, and WHEREAS, the City Council had before it the Comprehensive Plan and new Zoning Code 79-11, minutes of the Planning Commission, the Findings and Comments of City Staff, the Site Development Analysis of Barton-Aschman Associates, Inc. dated April 1979, the minutes and recollections of the Council meeting of April 9, 1979, at which the question of accepting the recommendation of the Comprehensive Plan as to the subject parcel was discussed in detail, the comments of the petitioner, members of the Council, and numerous interested citizens who were present, together with long familiarity with the site in question and its zoning history, and WHEREAS, the Comprehensive Plan of the City identifies effective utilization of the remaining undeveloped land in the City as a major issue to be addressed by the City, and finds that an analysis of housing demands has indicated that the ten-year projected demand for housing will surpass the supply of residential developable land under present zoning. In direct contrast, the projected need for commercial and industrial space has revealed an over- supply of available land zoned for commercial/industrial uses, and WHEREAS, a second key issue identified in the Comprehensive Plan is the lack of a strong City Center, and the effect of the oversupply of com- mercially zoned land and its potential threat to existing retail development in the City Center, and WHEREAS, in response to these identified issues, as well as others, certain goals and policies were adopted as a part of the Comprehensive Plan to provide a decision making framework to guide all public and private actions within the community, and WHEREAS, Land Use Goals as identified in the Comprehensive Plan are: 1. Develop a cohesive land use pattern which ensures compatibility and functional relationships among activities. 2. Establish planning districts within the community based upon homogeneous or compatible land use characteristics and/or division by physical barriers. -2- 3. Balance land use allocations with economic market demands. Ensure that remaining available land is developed with proper consideration for such demands. 4. Maintain and where necessary, upgrade land uses and environ- mental quality. 5. Preserve and protect property values, and WHEREAS, Policy Nos. 2 and 3 are particularly appropriate to this Planning Case, and WHEREAS, to achieve these goals, the City has adopted certain land use policies which are intended to be guides, helping to make present and future decisions consistent with the goals described above. These Land Use Policies in the Comprehensive Plan which are appropriate in considering the proposal under consideration, include the following: 1. Relate land use development to transportation needs, desired development as identified in the Community Development Plan, and community priorities. 2. Analyze all remaining undeveloped land parcels on an individual basis from a physical, economic and social standpoint to determine the most appropriate uses within the context of the planning district in which it is located and the community as a whole. 3. Avoid overallocation of use types on a community as well as a sub- area basis. 4. Accomplish transitions between distinctly differing types of land uses in an orderly fashion which does not create a negative (economic, social or physical) impact on adjoining developments. 5. Protect integrated use districts (e.g. residential neighborhoods, commercial centers, industrial parks) from penetration by through traffic. Where through traffic problems are identified, correct such problems as opportunities arise. Commercial Goals as defined in the Comprehensive Plan are: 1. Provide safe, convenient, and attractive, and accessible commercial development within New Hope. 2. Promote and maintain balanced commercial activity that is viable and responsive to the needs of the community and surrounding market area. - 3 - 3. Establish a commercial, service focal point for the community. Commercial Policies include: General 1. Develop commercial and service centers as cohesive, highly inter- related units with adequate off-street parking. 2. Ensure that service and commercial uses are adequately and appropriately landscaped according to community requirements as may be amended. 3. Ensure that all service and commercial uses are adequately screened or buffered from any adjacent residential development. 4. When opportunities arise, consolidate existing spot and uncoordinated linear commercial development into more functional patterns. 5. Provide for safe and convenient pedestrian movement within service and commercial districts. 6. When possible or when opportunities arise, provide for major street access to service and commercial districts at the periphery of the districts. 7. Restrict commercial development at street intersections. Develop- ment of one quadrant does not indicate or dictate commercial use of the remaining quadrants. C.ity Center 1. Establish the 42nd and Winnetka commercial center as the primary retail and service focal point of the community and promote and facilitate through direct public involvement further complementary development in this area. This "City Center" is intended to en- compass major retail, service, cultural, entertainment and govern- mental uses, as well as higher density housing on the periphery. 2. Establish a cohesive, integrated image for the City Center. The development framework of the Comprehensive Plan provides in part: -4- "With respect to the future of commercial activity within the community, the major issue is that of market viability. Given the high degree of competition among all levels of commercial development (i .e. con- venience, highway-oriented, etc. ) within the subregional trade area, it is important that commercial activities in New Hope be able to compete favorably and positively contribute to the quality of the community on an on-going basis. As recommended in the Land Utilization and Marketability Study, this means that primary emphasis in the future will be placed on improving, and more importantly unifying, existing retail centers and nodes, rather than developing totally new centers. Furthermore, it means that certain undeveloped commercial property will be designated for alternate uses in instances where specific market conditions and adjacent development patterns suggest that the other uses would be more appropriate and/or viable." In keeping with this concept, the Comprehensive Plan found that in keeping with the City's commercial development framework quoted above, and the City's acknowledged housing policies, the subject site should be designated for mid-density, residential development (R-S), and the premises in question were so zoned. NOW, THEREFORE, the New Hope City Council makes the following: FINDINGS OF FACT 1. The recitations above are incorporated herein by this reference. 2. The City has determined as a part of its Comprehensive Plan that it is important that commercial activities in New Hope be able to compete favorably and positively contribute to the quality of the community on an on-going basis, and that as a consequence primary emphasis in the future will be placed on improving, and more importantly, unifying, existing retail centers and nodes, rather than developing totally new centers. 3. To accomplish the preceding objectives, certain undeveloped commercial property was designated for alternate uses in instances where specific market conditions and adjacent development patterns suggest that other uses would be more appropriate and/or viable. 4. In adopting the 1978 Comprehensive Plan, the City accepted the principle of mid-density residential development instead of commercial development for the southwest corner of the intersection of Hillsboro Avenue North and 36th Avenue North, and the Zoning Code adopted June 11, 1979 so classified this property. -5- 5. Petitioner has attempted to establish its proposed use as a convenience center, and apply the standards of the Comprehensive Plan to this category of use. 6. The term "convenience" as applied to the proposed commercial use is a misnomer, and standards applicable to a "convenience" commercial use should not be applied. The store itself has over an acre of floor space, and the four million dollar proposed investment is not in harmony with the customary meaning of a "convenience" type commercial use. 7. As stated by the attorney for petitioner at the April 9, 1979 Council meeting, this is a proposal for a large, regional supermarket, and this Council so finds. 8. Neither the Comprehensive Plan nor the Zoning Code provides for any additional large, regional retail development. 9. This Council finds that the requested change in zoning would, by reducing the land available for commercial use, totally defeat the aims of the City in providing a solution to two of its major issues -- too much commercial land, and not enough housing for projected needs. As an adjunct, the extension of commercially zoned land is a threat to existing retail development in the City Center, and contrary to the Comprehensive Plan. 10. As to Land Use Goals and Policies, this Council finds that the proposal would be contrary to Policies 1, 2, 3, 4, and 5. As previously stated, the community does not want any additional regional or subregional retail development (Policies 1, 2, and 3). Although the petitioner has presented a plan for transitional uses which makes the best case for the handling of the edges between noncompatible uses, a negative impact on the neighborhood is nonetheless created (Policy No. 4). It would be virtually impossible to avoid the penetration of the adjacent residential neighborhoods by through traffic (Policy No. 5). 11. In achieving its commercial goals and following its commercial policies, this Council finds that the proposed use would violate General Policies 1, 4, 5 and 7. The proposed use would constitute an unrelated, heavy use, isolated from the principal existing retail businesses of the City (Policy Nos. I and 4). Pedestrian traffic safety problems already exist to a dangerous degree on 36th Avenue North due to the proximity of the off-ramp from Highway 18, and the proposed use would greatly increase the hazards to young people from the nearby schools, as well as the general public (Policy No. 5). The proposed commercial development is clearly at a street intersection (Policy No. 7). -6- 12. As to the City Center commercial policies, this Council finds that proposed use is clearly in opposition to both Policies I and 2. A regional store at the proposed site would be directly contrary to the efforts of the City to establish a cohesive, integrated image for the City Center, would in fact weaken the Center as the primary retail and service focal point of the community. 13. This Council finds that the proposed use would be contrary to the development framework of the Comprehensive Plan in its call for unifying and improving existing retail centers and nodes, rather than developing totally new centers, and further that instead of reducing the oversupply of commercial property, this proposal would increase the oversupply of commercial property, to the detriment of the orderly development of the community. The proposal to rezone the premises described in Planning Case 79-21 is hereby DENIED. Dated the /S~ day of .,//~ ~, ~ ~ , 1979. ' --Edw::.~J~.]~rickson,__ Mayor Attest: : ,... Betty pouliot, Clerk-Treasurer -7- RESOLUTION AUTHORIZING PARTICIPATION IN URBAN HENNEPIN COUNTY CDBG PROGRAM FOR YEAR VI (1980) AND APPROVING IMPLEMENTATION OF THE JOINT COOPERATION AGREEMENT FOR SAID YEAR WHEREAS, the City of New Hope and the County of Hennepin have a Joint Cooperation Agreement in effect for the use of Community Develop- ment Block Grant funds from the U.S. Department of Housing and Urban Development; and WHEREAS, both parties wish to terminate that agreement and replace it with a new Joint Cooperation Agreement, COunty Contract No. 90460; BE IT RESOLVED, that the current agreement with the County of Hennepin be terminated effective September 30, 1979, and a new agree- ment with the County of Hennepin, County Contract No. 90460 be implemented effective October 1, 1979; and the Mayor and the City Manager be authorized to execute the agreement on behalf of the city. Passed this 13th day of August, 1979. /E~ffckson, Mayor ATTEST: eti~y P~liot, City Clerk-Treasurer CITY OF NEW HOPE RESOLUTION A?PROVING PLAT OF NEW HOPE HIGHLAND5 ¢ BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. It is hereby found and determined by this Council that the plat of land described in the title of this resolution is ac- cepted under the subdivision regulations of the City and that a public hearing has been duly held thereon. 2. This Council, as the platting authority provided by' Chapter 670, Laws of 1965, does hereby approve the said plat. 3. The Mayor and Clerk are herel~y authorized to sign the final plat. ~ ~~ r Attest: CERTIFICATION STATE OF MINNESOTA SS COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of New Hope, hereby attest and certify that: (1) as such officer, I have the legal custody of the original Resolution of which the foregoing is a true and correct copy: (2) that said Resolution was duly adopted at a meeting of the City Council of said City on the date hereafter indicated; and (3) said meeting was duly held, pursuant t-o call and notice there- of as required by law, on _/~~ /~¢ '~?~ . Witness my hand and the seal of said City this m/~ /~-~,/~ '-- City Clerk-Treasurer RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF NEW HOPE HIGHLANDS BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. The plat of land described in the title of this resolution has heretofore been approved by this COuncil. 2. The City Attorney is hereby directed to hold the hardshells of said plat until the following conditions for release and delivery have been met: (a) The Developer shall execute and deliver to the City a "Development Contract" se£ured by a "Development Bond" in an amount and with surety and conditions satisfactory to the City to assure to the City that driveway approaches, street signs, boulevard improvements, and other necessary improvements be constructed and installed to City specifications; (b) The Developer has delivered to the City an -'abstract of title in customary form and the City Attorney, after a title examination thereof, reports that the persons purporting to dedicate the public streets and easements in said plat have sufficient and good title in the lands platted to do so. (c) Additional conditions: Adopted by the Council this /.~¢~day of ~u~2~-~ , 19~_.. - CITY OF NE~ HOPE RESOLUTION APPROVING PLAT OF JOHNSON-ST. CROIX ADDITION BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. It is hereby found and determined by th~s Council that the plat of land described in the title of this resolution is ac- cepted under the subdivision regulations of the City and that a public hearing has been duly held thereon. 2. This Council, as the platting authority provided by Chapter 670, Laws of 1965, does hereby approve the said plat. 2. The Mayor and Clerk are hereby authorized to sign the final plat. Attest: ~C1 e~/~-Treasurer CERTI FI CATI ON STATE OF MINNESOTA SS COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of New Hope, hereby attest and certify that: (1) as such officer, I have the legal custody of the original Resolution of which the foregoing is a true and correct copy: (2) that said Resolution was duly adopted at a meeting of the City Council of said City on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice there- of as required by law, on ~/~,,~>~,.~? /~, /?'?~ · Witness my hand and the seal of said City this~/ ~' City Clerk-Treasurer RESOLUTION SUPPORTING THE DEVELOPMENT OF A CAA FOR SUBURBAN AND RURAL HENNEPIN COUNTY WHEREAS, the question of whether there is a need for a CAA to serve the suburban and rural Hennepin County and what organizational form is most appropriate if a CAA should be established, has been under study for the past year, and WHEREAS, this review has indicated that the County's lower income citizens will benefit from the establishment of a CAA that can build on and complement the activities of the existing Human Services Councils, and WHEREAS, a task force representing the three Human Services Coun- cils has developed an organizational model designated the "Linkage Model"~ which will enable a CAA to be or- ganized while retaining the Human Services Councils and making the fullest use of their existing planning, manage- ment and service capabilities, NOW, THEREFORE~ BE IT RESOLVED that the New Hope City Council does hereby urge the Hennepin County Board of Commissioners to accept the recommendations of the task force and establish a CAA for suburban and rural Hennepin based on the "Link- age Model" and to designate the present task force as the interim board to~ 1. Write the By-laws 2. Organize the new Board 3. Apply for CSP funding Adopted this 13th day of August, 1979. ATTEST .'. ~/~~~ Clerk~Treasurer RESOLUTION AUTHORIZING JOINT NEGOTIATIONS WITH I.U.O.E. LOCAL #49 BE IT RESOLVED, that the City Council of the City of New HOpe hereby authorizes the Committee which has been established by MAMA, with John Elwell of St. Louis Park as Chairman, to serve as its representative in public works negotiations with I.U.O.E., Local No. 49 for a contract beginning January, 1980. BE IT FURTHER RESOLVED, that the Committee is authorized to represent the City of New Hope in the areas of wages and Master Contract language. Adopted by the New Hope Council this 27th day of August, 1979. .? war~yErickSon, MayOr ATTEST:.~ cBetYt~y P~u~l~ot, CityClerk-Treasurer RESOLUTION APPROVING JOINT AND COOPERATIVE AGREEMENT ESTABLISHING THE NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION WHEREAS, the City of New Hope is authorized by Minnesota Statutes 471.59 to enter into joint and cooperative agreements with other governmental units, and WHEREAS, the City Council has determined that the granting of a single cable communication franchise for cities in the Northwest Suburbs of Hennepin County is in the public interest and can best be developed, administered and enforced by an organization specifically charged with this responsibility, NOW, THEREFORE BE IT RESOLVED, by the City Council of New Hope as follows: 1) that the City join with other governmental units in the northwest suburbs of Hennepin County, pursuant to Minnesota Statutes 471.59, to create an organization tojointly and cooperatively study, prepare and recommend for enactment a model cable communications franchise ordinance to its members, analyze applications for that franchise, identify and recommend one applicant to be granted that franchise by its members, and administer and enforce a single cable communica- tions franchise in member cities; this organization to be know as the "Northwest Suburbs Cable Communication Commission," and 2) that the appointments of Mrs. Dorothy Hokr, Councilmember and Harlyn G. Larson, City Manager, as New Hope's representatives on the Board of Directors of the Northwest Suburbs Cable Communications Commission be and are hereby confirmed, and 3) that the City Clerk-Treasurer be directed to file the executed agreement together with a certified copy of this resolution with the City Manager of the City of Crystal. Adopted by the New Hope City Council this 27th day of August, 1979. ATTEST:Be~Clerk-Treasurer'J'~'E~dward ~ckson, Mayor RESOLUTION APPROVING AGREEMENT ENTERED INTO PURSUANT TO PROVISIONS OF THE JOINT POWERS AGREEMENT ESTABLISHING THE BASSETT CREEK FLOOD CONTROL COMMISSION FOR CONSTRUCTION OF WORK WITHIN THE CITIES OF GOLDEN VALLEY AND CRYSTAL, MINNESOTA WHEREAS, the City of New Hope, as one of nine communities~ has heretofore entered into a Joint Powers Agreement creating the Bassett Creek Flood Control Commission, and WHEREAS, the Bassett Creek Flood Control Commission has, after public hearing and in accordance with terms of the Joint Powers Agreement, ordered certain improvements within the Bassett Creek Watershed, and WHEREAS, the City of New Hope did, after public hearing with published and mailed notice as required by law, on May 29, 1979, order construction of Storm Sewer Improvement No. 354; this project being the construction of storm sewer improvements along Bassett Creek in accordance with the Bassett Creek Watershed Report and the Barr Engineering Company report of January, 1979 titled "Feasibility of Constructing Improvements for Flood Control in Golden Valley and Crystal, and WHEREAS, the City of Golden Valley has been designated as the member of the Commission who will contract for Improvements subject to all provisions of the Joint PoWers Agreement, and WHEREAS, the Cities of Golden Valley and Crystal have incurred serious flooding problems along Bassett Creek and the Council of the City of New Hope has heretofore agreed that it is in the interest of all parties to proceed with the up-stream work necessary to prevent this flooding prior to approval of the contract under Section 215 of Public Law 90 483. NOW THEREFORE BE IT RESOLVED as follows: (1) that the proposed agreement between the City of Golden Valley and the City of New Hope, dated August 27, 1979, and entitled "Agreement Entered Into Pursuant to Provisions of the Joint Powers Agreement Establishing the Bassett Creek Flood Control Commission for Construction of Work Within the Cities of Golden Valley and Crystal, Minnesota" be and is hereby approved, and (2) the Mayor and the City Manager are authorized to sign aforesaid agreement, and (3) the City Clerk-Treasurer is directed to transmit a certified copy of this resolution together with a copy of the fully executed agreement to the City Clerk of Golden Valley. Passed by the City Council this 27th day of August, 1979. ATTEST: ~-"-~,~g~~ ' Bett~q~l~iot, City Clerk-Treasurer RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT NO. 326 (OLD DUTCH AND MEMORY LANE PONDS) WHEREAS, this Council did, on~une 26, 1978, after hearing, upon notice published and mailed as required by law, order the construction of Storm Sewer Improvement No. 326 (Old Dutch and Memory Lane Ponds), and WHEREAS, this Council did, on February 16, 1979, approve the Joint and Cooperative Agreement with the City of Crystal for cost sharing on New Hope Storm Sewer Improvement No. 326 and Crystal Improvement No. 58-A, and WHEREAS, this Council did, on February 16, 1979~ award the contract for the construction of Storm Sewer Improvement No. 326 to W. G. Rehbein in the amount of $249,387.50, and WHEREAS, this Council did, on June 11, 1979, approve plans and specifica- tions for the Crystal portion of the Old Dutch Storm Sewer Improvement and WHEREAS, this Council did, on August 13, 1979, approve the low bid on the Crystal portion of the Old Dutch Storm Sewer Improvement No. 326 from Lametti & Sons in the amount of $81,500, and WHEREAS, the City of Crystal has heretofore awarded the bid to Lametti & Sons, in accordance with said bid, WHEREAS, the total estimated cost of the aforesaid improvement is determined to be in the amounts set forth below: Total Cost Joint Project $446,439.71 Total Cost to New Hope 230,781.40 City Share 150,746.68 NOW THEREFORE BE IT RESOLVED, by the Council of the City of New Hope as follows: 1) It is hereby determined that the total estimated cost of Storm Sewer Improvement No. 326, and the amount to be assessed is as hereinafter set forth: Total Cost-New Hop~ $230,781.40 City Share 150,746.68 To Be Assessed 80,034.72 2) The City Clerk-Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the entire amount to be assessed for the improvement against every assessable lot, piece or parcel benefited by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this 27th day of August, 1979. ATTEST: ~X~er ' ~,~ Mayor RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR SANITARY SEWER & WATER IMPROVEMENT NO. 340A (SANITARY SEWER IMPROVEMENT NO. 338, SANITARY SEWER AND WATER IMPROVEMENT NO. 340, SANITARY SEWER AND WATER IMPROVEMENT NO. 342, SANITARY SEWER AND WATER IMPROVEMENT NO. 344) WHEREAS, this Council did, after hearings, upon notice published and mailed as required by law, order construction of various improvements as follows: Improvement Date Ordered 1. Sanitary Sewer Improvement No. 338 May 22, 1978 (Rosewood) 2. Sanitary Sewer and Water Improvement June 26, 1978 No. 340 (Bass Creek Highlands Addition) 3. Sanitary Sewer and Water Improvement July 10, 1978 No. 342 (House of Hope Hills Addition) 4. Sanitary Sewer and Water Improvement July 24, 1978 No. 344 (Fleetwood Estates) WHEREAS, this Council did, on July 24, 1978, order consolidation of Sanitary Sewer & Water Improvements Nos. 338 (Rosewood), 340 (Bass Creek Highlands), 342 (House of Hope Hills) and 344 (Fleetwood Estates), to be known as Improvement No. 340A, and WHEREAS, this Council did, on September 25, 1978, award the contract for said Improvement No. 340A, and WHEREAS, the total estimated cost of the aforementioned improvements are as set forth below: Imp 338 Imp 340 Imp 342 Imp 344 Total Total Cost $14,224 $98,167 $21,397 $54,065 $187,853 City Share --- 48,905 4,734 53,639 NOW THEREFORE BE IT RESOLVED by the Council of the City of New Hope as follows: 1) It is hereby determined that the total estimated cost to be assessed is as hereinafter set forth: -2- Imp 338 Imp 340 Imp. 342 Imp 344 Total Total Cost $14,224 $98,167 $21,397 $54,065 $187,853 City Share --- 48,905 4,734 --- 53,639 To Be Assessed 14,224 49,262 16,663 54,065 134,214 2) The City Clerk-Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the entire amount to be assessed for the improvements against every assessable lot, piece or parcel benefited by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this 27th day of August, 1979. ATTEST: ~ Ci~cy ~]~er k-Treas ure'r RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLLS FOR STREET AND STORM SEWER IMPROVEMENT 341A (INCLUDING STREET IMPROVEMENT NO. 339, STREET AND STORM SEWER IMPROVEMENT NO. 341, STREET AND STORM SEWER IMPROVEMENT 346 AND STREET AND STORM SE~ER IMPROVMENT NO. 350) WHEREAS, this Council did, after hearings, upon notice published and mailed as required by laW, order construction of various improvements as follows: Improvement Date Ordered 1) Street Improvement No. 339 June 12, 1978 (West of St. Raphael's Church, South of Bass Lake Road) 2) Street and Storm Sewer Improvement June 26, 1978 No. 341 (Proposed Bass Creek Highlands Addition) 3) Street and Storm Sewer'Improvement July 24, 1978 No. 346 (Fleetwood Estates) 4) Street and Storm Sewer Improvement November 13, 1978 No. 350 (Xylon and 45th Avenues No.) WHEREAS, this Council did, on July 24, 1978 order consolidation of Street and Storm Sewer Improvem6nts 339 (Bass Lake Road Extension), 341 (Proposed Bass Creek Highlands), and 346 (Proposed Fleetwood Estates) as Improvement No. 341A, and WHEREAS, this Council did, on April 9, 1979, consolidate Street and Storm Sewer Improvement No. 350 with previously combined Improvements 341A (339, 341 and 346) and authorized call for bids for combined project 341A, and WHEREAS, this Council did, on May 14, 1979, award the contract for said consolidated improvements, subject to approval of State, and WHEREAS, the total estimated cost of the aforementioned improvements are as set forth below: Imp 339 Imp 341 Imp 346 Imp 350 Total Total Cost $12,793.30 $48,552.90 $28,498.82 $371,006.32 $460,551.34 City Share 591.68 ......... 591.68 MSA .......... 165,135.16 165,135.16 NOW, THEREFORE BE IT RESOLVED, by the Council of the City of New Hope as follows: -2- l) It is hereby determined that the total estimated cost to be assessed is as hereinafter set forth: Imp 339 ~mp 341 Imp 346 Imp 350 Total Total Cost $12,793.30 $48,552.90 $28,498.82 $371,006.32 $460,851.34 City Share 591.68 ......... 591.68 MSA ......... 165,135.16 165,135.16 To Be Assessed $12,201.62 $48,552.90 $28,498.82 $205,871.16 $295,124.50 2) The City Clerk-Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the entire amount to be assessed for the improvements against every assessable lot, piece or parcel benefited by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this 27th day of August, 1979. ~ ~ 3 RESOLUTION PROVIDING FOR HEARING ON ASSESSMENTS FOR STORM SEWER IMPROVEMENT NO. 326; SANITARY SEWER AND WATER IMPROVEMENT NO. 340A (PROJECTS 338, 340, 342 AND 344); STREET AND STORM SEWER IMPROVEMENT NO. 341A (PROJECTS 339, 341, 346); AND STREET AND STORM SEWER IMPROVEMENT NO. 350; ASSESSMENTS FOR DELINQUENT SEWER AND WATER CHARGES, CONNECTION CHARGES, INVOLUNTARY SEWER AND WATER CONNECTION CHARGE INSTALLMENTS; DELINQUENT CITY SERVICES-1979; DISEASED TREE REMOVAL; AND WEED ELIMINATION BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. The assessment rolls heretofore duly prepared for the above-captioned public improvements of the City of New Hope, and now on file in the office of the City Clerk- Treasurer, are hereby approved as the proposed assessments for said improvements and this Council shall meet at the time and place indicated in the notice attached hereto for the purpose of passing upon said assessments and heating all objections thereto. 2. The Clerk-Treasurer is hereby authorized and directed to cause notice of said meeting to be published in the New Hope- Plymouth Post, the official newspaper of this municipality, at least two weeks before the date of said meeting, which notice shall be in substantially the following form: CITY OF llEW HOPE '.' NOTICE OF PUBLIC HEARIIiG Oil ASSESSMENTS FOR STORM SEWER IMPROVEMENT NO. 326; SAIiITARY SEHER Arid WATER IMPROVEMENT NO. 340A (PROJECTS 338, 340, 342,'~1i~:34z~); STREET AND STO~,! SEWER IMPROVEI'IENT NO. 341A (PROJECTS 339, 341, AND 346); AIID STREET AIJD STORM SEWER IHPROVE~.IENT NO. 350; ASSESSMENTS FOR DELINQUENT SEWER AND WATER CHARGES, CONNEC- TION CHARGES, INVOLUNTARY SEHER AND WATER CO~IECTION CHARGE INSTALLMENTS; DELINQUENT CITY SERVICES-1979; DISEASED TREE REMOVAL; AND WEED ELIMIIiATION .~ ]. NOTICE IS HEREBY GIVEN that the Council of the City of New Hope will meet at.the City Hall, 4401 Xylon Avenue North in said City on Monday, the 24th .day of September, 1979, at 7:00 o'clock P.M., to hear, consider and pass upon all written or oral objections, if any, to proposed assessments for the public improvements of the City described in the caption, and hereinafter. The proposed assessment rolls are now on file and open to public inspection by all persons interested, in the office of the City Clerk. The entire amount assessed against any parcel of land will be payable unless prepaid, in equal consecutive annual installments as specified be- low, the first of such installments to be payable with the general taxes for the year 1980. The first installment will be payable with interest at the rate of 8% per annum on the entire assessment from the date of the resolution levying said assessment to December 31, i980, and each subsequent installment will be payable ~ith one year's interest at said rate on all unpaid installments, except that no interest will be charged if the entire assessment as to any parcel is paid at the office of the City Treasurer within thirty days from the date of the adoption of .- the assessment roll. 2. The Title and general n~ture of each'improvement is as follows: A. Storm Sewer Improvemeqt No. 326. Construction of storm sewer including ponding area of development, water level control structures and construction and expansion of culverts and all other appurtenant works and services reasonably required therefor, to serve an area described as: Beginning at the northeast corner of the southwest quarter of Section 17; thence westerly 268.15 feet; thence southerly 30 feet to the northwest corner Of Lot 1 Block 7 Gwynco 2nd Addition; thence southwesterly 78,68 feet to the NW corner of Lot 1 Block 3, Gwynco 2nd Addition;' thence southwesterly 65 feet to the NW corner of Lot 2 Block 3, Gwynco 2nd Addition; thence southwesterly 65 feet to the NW corner of Lot 3, Block 3, Gwynco 2nd Addition. Thence southwesterly 65 feet to the NW corner of Lot-4, Block 3, G'wynco 2nd Addn. . . Thence southwesterly 70 feet to the NW corner of Lot 5, Blko 3, ~wynco 2nd Addn. Thence southwesterly 70 feet to the NW corner of Lot 6, Blko 3, Gwynco 2nd Addn. Thence southwesterly 55 feet to the NE corner of Lot 7, Blk. 3,.Gwynco 2nd Addn. Thence southwesterly 55 feet to the NE corner of %ot 8, Blk. 3, Gwynco 2nd Addn. Thence southwesterly 55 feet to the NE corner of Lot 9, Blk. 3, Gwynco 2nd Addn. Thence southwesterly 60 feet to the NE corner of Lot 10,Blk. 3, Gwynco 2nd Addn. Thence southwesterly 60 feet to the NE corner of Lot ll,Blk. 3, Gwynco 2nd Addn. Thence southwesterly 68 feet to the NE corner of Lot 12,Blk. 3, Gwynco 2nd Addn. Thence southwesterly 70 feet to the NE corner of Lot 13, Blk.3, Gwynco 2nd Addn. Thence southwesterly 70.82' to the NE corner of Lot 2~ Blk.4, Gwynco Addition. Thence southwesterly 120.71' to the NW corner of Lot 2, Blk.4, Gwynco Addn. Thence southwesterly 60 feet to the NE corner of Lot 9,Blk.1, Gwynco Addn. Thence southwesterly 176.1 ft. to the NW corner of Lot 9, Blk.1, Gwynco Addn. Thence westerly 105 feet to the west right of way line of the Mpls., Northfield and Southern Railroad; thence S33°30' W840 ft. ~ to a point on the south line of the Northwest quarter of the southwest quarter, 850.19 feet east of the west line of Section 17; thence westerly 400 feet along the south line of the north- west quarter of the southwest quarter; thence northwesterly 685 feet + to a point on the west line of Section 17~ 1,842.48 feet north of the southwest corner of section 17; thence north 789.38 feet to the west quarter corner of Section 17; thence west along the centerline of Section 18, 1,440 feet ~; thence north 59°East 240 feet ~; thence north 34° East 110 feet ~; thence north 76° west 1450 ft.~ to a point on.the south line of the northwest quarter of the northeast quarte~ section 18; thence northerly 125 feet'~ to the southwest corner of lot 14, Blk. 3, Sandra Terrace Addition; thence northerly 887.97 feet to the southeast corner of Lot 2, Blk. 3 Sandra Terrace Addition; thence wester- iy 37.68 feet to the southwest corner of Lot 2, Blk. 3 Sandra Terrace Addition; thence northeasterly 123.08 feet to the northwest corner of Lot 2, Blk. 3 Sandra Terrace Addition; thence northwesterly 280 feet ~ to the northeast corner of Lot 1, Blk. 2 Sandra Terrace Addition; thence easterly along the south line of Section 7~-341.48 feet to the southeast corner of Lot 16 Blk. 3 Del Heights 2nd Addition; thence northerly 330.05 feet to the northeast corner of lot 15, Blk. 3 Del Heights 2nd Addition; thence easterly'50.09 feet to the southeast corner of Lot 9, Block 3 Del Heights 2nd Addition; thence northerly 166.24 feet to the centerline of 46th Avenue; thence easterly 161.43 feet above the centerline of 46th Avenue; thence northerly 169.94 feet to the northwest corner of lot 6, block 4 Del Heights 2nd Addition; thence northerly 75 feet to · a point 460 feet west of ~he east line of the southwest quarter of the southeast quarter Section 7; thence northeasterly to a point 220' north of the north line of the bel Heights 2nd Addition and 340 feet west of the east line of the .southwest quarter of the southeast quarter Section 7, thence northerly parallel with said east line to the north line of the southwest quarter of the southeast quarter of Section 7, thence easterly 190 feet along said north line; thence northeasterly to a point 375 feet north of the South line mhd 45 feet west of the east line of the northwest quarter of the southeast quarter of Section 7; thence northeast to a point 470 feet west of the west line and 910 feet north of the south line of the northeast quarter of the southeast quarter of Section 7; thence northeasterly to the southwest corner of lot 3, block 1 Lynnaroft Addition; Thence northerly 76 feet to the northwest corner of Lot 3, Blk. 1Lynncroft Addition; thence easterly 463.19 feet to the northeast corner of Lot 3, Blk. 4 Lynncroft Addition; Thence southerly 380 feet to the northwest corner of Lot 9, Blk. 4 Lynncroft Addition; thence easterly 132 feet to the northeast corner of Lot 9, Blk. 4 Lynncroft Addition, Section 7; thence south- easterly to the northwest corner of Lot 3, Blk. 2, Perrys Sprucewood Terrace. in Section 8; thence easterly 620 feet to the northeast corner of Lot 12, Bk.2 Perrys Sprucewood Terrace; thence southerly 225 feet to the southeast corner of Lot 13, Blk. 2 ?errys Sprucewood Terrace, thence easterly to the northwest corner of Lot 10, Blk. 1 Wicks Terrace Addition; thence southeasterly I57.8ft. to the northeast corner of Lot 10, Blk. 1 Wicks Terrace Addition; thence easterly 60 ft. to the northwest corner of Lot 21, Bk. 2, Wicks Terrace Addn.; thence easterly 120.77 ft. to the northeast corner of Lot 21, Blk. 2 Wicks Terrace Addn.; thence southerly 450 feet to northwest corner of Lot 12, Blk. 2 Wicks Terract Addition; thence easterly 163 feet to the centerline of Nevada Ave. and the west line of the east 1/2 of the southeast quarter of the south- west quarter of Section 17; thence south along said west line 1,310 feet to the south line of Section 8; thence east along the north section line of Section 17, 489.26 feet; thence south along the west line of Ostmans 10th Additiom ~58g feet; thence east 163 feet to the centerline of Louisiana Ave. whicN is' the centerline of Section 17; thence south along the centerline of Section 17 to the center of Section 17 and point of beginning. All property located in TllS, R21W Hennepin County, Minnesota. '' B, Sanitary Sewer and Water '~mprovement No. 340A (Projects 338 240, 342 and 344), Construction of lateral sanitary sewer and water facilities and appurtenant work to serve an area described as: Lot l, Block l, Science Industry Center 2nd Addition (Project 338) . Lots 1 through 28, Block l, Bass Creek Highlands (Project 340) Lots 1 through 5, Block l, House of Hope Hills ~" (Project 342) Fleetwood Estates, Fleetw6od Estates"2nd, Fleetwodd - Estates 3rd (Project 344) C. Street and Storm Sewer Improvement No. 341A (Projects 339, 241, 346). Construction of Storm sewer including catch basins and surge basin structures and all necessary appur- tenances, together with constuction of bituminous surfacing and concrete curb and gutter and all other appurtenant works ~ . a~.~ervices reasonably required to serve an area described as:' ~ Premises in Hennepin County, Minnesota, abutting Tracts .. 0 & P, Registered Land Survey No. 97: Tract N, Registered Land Survey No. 97; Tracts A &'B, Registered Land Survey No. 848; Tract B, Registered Land Survey No. 1026; and part of Lot 39, Auditor's Subdivision No. 226, described as follows: Commencing at a point distant 235 2/10 feet S of a point in the N line of~Lot 39 distant 410 feet E from the ~W corner thereof thence S 167 feet, thence E 175 feet, thence N 200 feet, thence W 85 fL, thence S 33 feet, thence W 90 feet to beginning and the N 202 2/10 feet of E 150 feet of W 800 feet (Project 339) Lots 1 through 28, Block l, Bass Creek Highlands (PrOject 341) Lots 13, 14, 15, 16, and 17, Block l, and Lot 2, Block 2, Fleetwood Estates (Project 346) D. Street and Storm Sewer Improvement No. 350. Construction of streets, including 9 ton design, 44 feet wide, 6 inches of bituminous sur- facing, l0 inches of Class 5 gravel base and concrete curb and gutter, and storm sewer, including the expansion of a ponding area and con- struction of a positive type outflow structure, and all other appurtenant works and services reasonably required therefor, to serve an area described as: The same area as described in 2A above. . .. '£. Delinquent Sewer and ~later Charges, Connection Charges, Involuntary Sewer and Water Connection Charge Install- ments, Delinquent City Services-1979, Diseased Tree Removal, and ~eed Elimination. 3. The area proposed to be assessed for the making of the improvements Stated in subparagraphs A through D, inclusive, of paragraph 2. above, shall include all of the lots and parcels; (a) abutting the streets above-named; (b) abutting the ~ streets as platted in the plats above-named; or (c) within or abutting the tracts · of land described above. 4. Any owner may appeal an assessment to district court pursuant to Section 4'29.081 by serving notice of the appeal upon the mayor or clerk of the municipality within 20 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. 5. The City has no ordinance permitting the deferment of the levy of special '- ~s~essments on a hardship basis for citizens age 65 and over, as authorized in M.S.435.193 through 435.195. Dated this 27th day of August , 1979.. BETTY POULIOT ~lerk-lreasurer {Published in the New Hope-Plymuth Post September 6, 1979.) 3. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment rolls. 4. Each and all of the terms and provisions as stated in the foregoing Notice of Hearing are hereby adopted as the terms and provisions in accordance with which said hearing shall be held. Dated this 27th day of August, 1979. /x - ~ Mayor ATTEST' ~ ~ '~~~lreasurer (Published in the New Hope-Plymouth Post issue of September 6, 1979). RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT NO. 358 (JOHNSON ST, CROIX ADDITION) BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have heretofore reported to this Council that a storm sewer improvement for the City as hereinafter described is feasible and may best be made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the City is $46,080. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed contruction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official newspaper of the · City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED STREET IMPROVEMENT NO. 358 (JOHNSON ST. CROIX ADDITION) City of New Hove, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 24th day of September, 1979 at 7:00 P.M. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described herein- after. 2. The general nature of the improvement is the construction of an industrial grade street including grading, gr.avel, bituminous surfacing, concrete curb and gutter, and all other appurtenant works and services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: Lots 2 through 4, Block 1, Johnson St. Croix Additon. 3. The estimated cost of said improvement is $46,080. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 27th day of August, 1979. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 6th and 13th days of September, 1979. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Dated the 27th day of August, 1979. /' - E~ ' Erickson, Mayor Attest: ~-Treasurer- ~ -S- RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR CONSOLIDATED SANITARY SEWER, STORM SEWER AND WATER IMPROVEMENT NO. 356A AND AUTHORIZING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the City Council of the City of New Hope, Minnesota as follows: 1. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have presented plans and specifications for Sanitary Sewer, Storm Sewer and Water Improvement No. 356A as previously consolidated, and the said plans and specifications are hereby approved. 2. The engineers for the City are authorized and directed to ad- vertise for bids for the construction of said consolidated Improvement No. 356A. Dated the 27th day of August, 1979. // E~/~~. Erickson, Mayor Attest:. ~~_~~ 'Be-~ty 'l~l{ot, Clerk-Treasurer (Seal) A RESOLUTION REGARDING THE REORGANIZATION OF CITY DEPARTMENTS WHEREAS, the City organization periodically needs changing in order to bet- ter respond to needs of the citizens and to fulfill set, ce require- ments, and WHEREAS, it is in the best interest of the citizens, elected officials, and employees to have these changes offi~ally recognized by Council action, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, that: 1. The position of Administrative Assistant to the City Manager be eliminated and a new position - Housing Administrator - be established under the City's HRA, effective October 1, 1979 at an annual salary of $18,500. 2. The Protective Inspection Department be reorganized to include: (a) Building Official, (b) Plan Checker on fee basis, (c) Building Aid, (d) Fire Marshal, (e) Part-time General Inspectors on hourly basis, (f) Half-time Director, (g) Sani- tarian. Salaries for the Building Official, Fire Marshall and Director shall be as currently established. The Building Aid will be paid ~thin an annual range of $12,000 to $15,000. The Gener- al Inspectors shall be paid an hourly rate as established by the City Manager ~thin budget limitations. 3. The Park and Recreation Department shall have the four top positions of ~rector, Ice Arena M~ager, Golf Course Manager, and Recreation Supervisor combined into three positions of: Director of Recreation and Facilities; Recreation Co-ordinator; and Director of Golf Operations. Salaries for the three posi- tions effective September 24th, and continuing through 1980 shall be $25,000, $19,000 and $22,000 respectively. The Director of Recreation and Facilities shall have as major responsibilities the Ice Arena, Community Center, NHAA acti- ~ties, staff evaluation and direction, overall department budget preparation, maintenance of facilities, and shall be the overall department head. The Recreation Co-ordinator shall be responsible for all recrea- tion programming, including staffing and budget. Recreation acti~ties shall include ice skating ~nks, the tennis program, and staffing and programs at the swimming pool. The Director of Golf Operations shall have complete responsi- bility for all golf course activities, including maintenance, budgeting, clubhouse operation, league organization, promotion and staffing and in addition shall act as ad~sor to the depart- ment on park turf and tree maintenance. / C~r~-ereasurer y-Mayor RESOLUTION APPROVING AGREEMENT FOR GOLDEN VALLEY - NEW HOPE CONSOLIDATED COMMUNICATIONS DISPATCH CENTER WHEREAS, the City of New Hope is desirous of having the City of Golden Valley receive and dispatch New Hope police, fire and emergency radio calls, and WHEREAS, M.S. 471,59 empowers governmental units to enter into joint or cooperative agreements, NOW, THEREFORE, BE IT RESOLVED', that the Council of the City of New Hope does hereby approve the agreement entitled "Agreement for Golden Valley - New Hope Consolidated Communications Dispatch Center" dated September 10, 1979, and the Mayor and Manager are authorized to sign said agreement on behalf of the City of New Hope. BE IT FURTHER RESOLVED that the City Clerk-Treasurer be directed to forward a copy of the signed agreement to the City Manager of the City of Golden Valley. Adopted this 10th day of September, 1979. ATTEST //~d~ardyEri ckson, Mayor :B~~, ~t~ Clerk'-Treasurer RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STORM SEWER IMPROVEMENT NO. 326 BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as fpllows: l. That the amount proper and necessary to be specially assessed at this time for STORM SEWER improvement No. 326 against every assessable lo~-,piece or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, parcels and pieces of land enumerated in the proposed assessment was and is specially benefited by the construction of said ~mprovement in not less than the amount of the assessments set opposite each lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels of land, respectively, and the assessment against each parcels together with interest of 8% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual principal installments extending over a period of .10 years, the first of said installments, together with inter- est on the entire assessment from the date hereof to December 31, 19 80 , to be payable with general taxes payable in 19 80 , and one of each of the remaining installments, together with one y~interest on that and all other unpaid installments, to be payable with general taxes for each consecu- tive year thereafter until the entire assessment is paid. - 4. Prior to certification of the assessments to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The City Clerk shall, as soon as may be, prepare and transmit to. the County Auditor a certified duplicate of the Assessment Roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax list of the County, and the County Auditor shall thereafter collect said assessment in the manner provided by law. Dated the ~/~ day of SEPTEMBER , 19 79 ATTEST: C~/~y Clerk-Treasurer (SEAL) RESOLUTION ADOPTING AND CONFI~IING ASSESSMENTS FOR SEWER AND WATER IMPROVEMENT NO. 340A BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: 1. That the amount proper and necessary to be specially assessed at this time for Sewer and Water Improvement No.340A against every assessable 1~, piece or parcel of land affected thereby'has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented, and being .fully advised in the premises, finds that each of the lots, parcels and pieces of land enumerated in the proposed assessment was and is specially benefited by the construction of said 'Improvement in not less than the amount of the assessments set opposite each lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 2. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels. Of land, respectively, and the assessment against each parcel, together with interest of 8% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual principal installments extending over a period of 20 years, the first of said installments, together with inter- est O~ the entire assessment from the date hereof to December 31, 1980 , to be payable with general taxes payable in 19 80 , and one of each of the remaining installments, together with one year, interest on that and all other unpaid installments, 'to be payable with general taxes for each consecu- tire,year thereafter until the entire assessment is paid. \. 4. Prior to certification of the assessments to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, with interest to the date of payment, .to the City Treasurer, but no ~nterest shall be charged if such payment is made within thirty days after t~e date of this Resolution. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessment Roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax list of the County, and the County Auditor shall thereafter collect said assessment in the manner provided by law. Dated the ~/~ day of September , 19 79. ¢ j~.J ~ ~.~ayor ATTEST: ~xCity Clerk-Treasurer SEAL RESOLUTION ADOPTING AND CONFI~.IING ASSESSMENTS FOR STREET & STORM SEWER IMPROVEMENT NO. 341A BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as f~llows: ' 1. That the amount proper and necessary to be specially assessed at this time for Street & Storm Sewer Improvement No.341A against every assessable lot, piece or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash ~' valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented, and being ~ully advised in the premises, finds that each of the lots, parcels and pieces of land enumerated in the proposed assessment was and is specially benefited by the construction of said Improvement in not less than the amount of the assessments set opposite each lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. ~ 2. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels Of land, respectively, and the assessment against each parcel, together with interest of 8% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable tn equal annual principal installments extending over a period of 15' years, the first of said installments, together with inter- est on the enti~ assessment from the date hereof to December 31, 19 80 , to be payable with general taxes payable in 19 80 , and one of each of the remaining installments, together with one y~interest on that and all other unpaid installments, to be payable with general taxes for each consecu- ~e~year thereafter until the entire assessment is paid. ~. Prior to certification of the assessments to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, with interest to the date of payment, to ~he City Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessment Roll, with each installment and interest on each unpaid assessment set forth separately, to b~ extended upon the proper tax list of the County, and the County Auditor shall thereafter collect said assessment in the manner provided by law. Dated the J~/ ~ day of September , 19 79 . ATTEST: ' --Ci~;~ Cleri~'JTreasurer {'SEAL) RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET & STORM SEWER IMPROVEMENT NO. 350 BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: 1. That the amount proper and necessary to be specially assessed at this time for Street & Storm Sewer Improvement No. 350 against every assessable lo, piece or parcel of land affected thereby a--h-~- been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, parcels and pieces of land enumerated in the proposed assessment was and is specially benefited by the construction of said Improvement in not less than the amount of the assessments set opposite each lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels of land, respectively~ and the assessment against each parcel, together with interest of 8% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual principal installments extending over a period of 10 years, the first of said installments, together with inter- est on the entire assessment from the date hereof to December 31, 19 80 , to be payable with general taxes payable in 19 80 , and one of each of the ~remaining installments, together with one y~interest on that and all other unpaid installments, to be payable with general taxes for each consecu- tive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessments to the County Auditor, %he owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessment Roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax list of the County, and the County Auditor shall thereafter collect said assessment in the manner provided by law. Dated the ~29/~ day of September , 19 79 . ATTEST: ~ Clerk-Treasurer (SEAL) RESOLUTION AMENDING'ASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT NO~ 326 BE IT RESOLVED by the City Council of the City of New Hope, as follows: After further consideration of all of the comments and objections offered by Minnesota Federal representatives in respect to their New Hope property~ the special assessments for the above- captioned improvement of the City of New Hope should be and ~e hereby amended as follows, pending further reView of the market value increase of the premises: PID NO. FROM TO 18-118-21 12 0003 $ 445.40 O0 Dated the 24th day of September, 1979. ATTEST ~ "---C~y-Trea surer RES6LUTION ADOPTING ASSESSMENT FOR WEED DESTRUCTION-1979 WHEREAS, Pursuant to proper notice duly given, the Council has met and heard and passed upon all objections to the proposed assessment for Weed Destruction-1979 under authority of M.S.A. 18.271. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NEW HOPE, MINNESOTA: The proposed.roll for the assessment of Weed Destruction-1979 as presented by the Clerk is hereby adopted as the special assessment roll for said weed destruction. The owner of any property so assessed may, at any time prior to October 1, 1979, pay the whole of the assessment on such property to the City Treasurer. The Clerk is instructed to certify said roll to the County Auditor on or before October 1'0, 1979, for collection with taxes payable in 1980. Dated the ~/'~ day of September, 1979. ATTEST: ~reasurer SEAL) ~Y7 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL 1979 BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as fpllows: 1. That the amount proper and necessary to be specially assessed mt this time for Shade Tree Improvement Noj979 against every assessable ~lot~piece or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash Yaluation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to alt interested persons to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, parcels and pieces of land enumerated in the proposed assessment was and is specially benefited by the construction of said Improvement in not less than the amount of the assessments set opposite each lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels Of land, respectively, and the assessment against each parcel, together with interest of 8% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel .- .~and all thereof. The total amount of each such assessment shall be payable in equal annual principal installments extending over a period of years, the first of said installments, together with inter- ~s't 6n ~he entire' assessment from the date hereof to December 31, 19 80 , to be payable with general taxes payable in 19 80 , and one of each of the remaining installments, together with one yea-~-~r~interest.on that and all -other unpaid installments, to be payable with general taxes for each consecu- ~tive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessments to the County Auditor, ~he owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made ~rlthin thirty days after the date of this Resolution. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessment Roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax list of the County, and the County Auditor shall thereafter collect said assessment in the manner provided by law. Dated the ~/~ day of September , 19 79 . × ,~.~/~ '- Mayor ATTEST: ~-- ~(~j/t~ Clerk-Treasurer (SEAL) 2¢? RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS OF DELINQUENT WATER AND SANITARY SEWER SERVICE AND CONNECTION CHARGES AND DELINQUENT STREET LIGHTING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW HOPE, MINNESOTA, as follows: The proposed rolls for the assessment of delinquent water and sanitary sewer service and connection charges and delinquent street lighting as presented by the Clerk are hereby adopted as the special assessment rolls. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor pay the whole of the assessment on such property to the City Treasurer. The Clerk is instructed to certify said rolls to the County Auditor for collection with taxes payable in 1980. Dated the ~ day of September , 1979. Mayo~/~? ATTEST: ~ ~~rer '- '~-~reasu (SEAL) RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT NO. 358 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (JOHNSON ST. CROIX ADDITION) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 24th day of September, 1979, at 7:00 P.M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Street Improvement No. 358 of the City, after notice of said hearing was duly published as required by law in the New Hope-Plymouth Post, the official news- paper of the City, on the 6th and 13th days of September, 1979. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the City Council this 24th day of September, 1979. Attest: r~ / Ed~riekson, MayOr B~tty/lgouliot, Clerk-Treasurer (Seal) RESOLUTION AUTHORIZING APPLICATION FOR L.E.A.A. FUNDING Whereas, the Law Enforcement Assistance Administration (L.E.A.A.) and the Minnesota Crime Control Planning Board now provide a procedure wherein local planning agencies such as the Hennepin County Criminal Justice Coordinating Council annually prepare and submit a mini-plan/block grant application; and Whereas, such mini-plan/block grant application contains a section identifying all projected subgrants from within the planning jurisdiction for funding approval in part or whole by the State L.E.A.A. agency; and Whereas, the Hennepin County Criminal Justice Coordinating Council is preparing and will submit on behalf of all units of government in Hennepin County a mini-plan/block grant application for FY 1980 L.E.A.A. funding; and Whereas, the City of New Hope as a member of the Hennepin County Criminal Justice Coordinating Council, anticipates'co- sponsorship with the ~ities of: Brooklyn Center~ Cr~stal~ Golden Valley and Robbinsdale for the following project: State/ Federal Local Project Title and Year Duration Award Match N.W. Hennepin Dispatch 1/1/80-6/30/80 $19,000 $200.00 Consolidation Study (1) Now, therefore, Be It Resolved that the New Hope City Council authorizes the Hennepin County Criminal Justice Coordinating Council to include the above mentioned project in the subgrant section of the Council's FY 1980 mini-plan/block grant application for submission to · the Crime Control Planning Board for funding consideration in part or whole; and Be It Further Resolved that following funding approval by the Crime Control Planning Board, the Mayor and City Manager are authorized to execute all required contracts and other documents. Adopted by the City Council September 2~, 1979 . .. Attest~ r RESOLUTION DIRECTING CERTIFICATION OF AMOUNT OF $950,000 IMPROVEMENT BONDS OF 1972 TO COUNTY AUDITOR FOR PURPOSE OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1979 FOR COLLECTION IN 1980 WHEREAS, by resolution adopted by this Council on the 28th day of August 1972 entitled "Resolution Authorizing and Establishing the Form and De- tails of $950,000 Improvement Bonds of 1972, and Appropriating Spe- cial Assessments and Levying Taxes for the Payment Thereof", and WHEREAS, said resolution levied upon all taxable property within the corporate limits of the City, a direct, annual ad valorem tax to be spread upon the tax rolls for the year specified, including $38,875 specified to be levied as taxes in 1979 for collection in 1980, and WHEREAS, said resolution specified as follows in part: "Said levy shall be irrepealable except as provided in said Ordinance No. 57-20" and Section 5.200 of the City Code (Improvement Bond Redemption Fund) fur- ther provides in part: unless such special assessments to be received by the $950,000 Improvement Bonds of 1972 fund are sufficient to pro- vide for the payment of the bonds and the interest thereon, the Coun- cil shall levy a general ad valorem tax upon all taxable property within the City to be spread upon the tax rolls for each year of term of the bonds, and shall specify the amount of the levies of such tax for all years such that if collected in full they, together the taxes theretofore levied and appropriated to said fund, plus the estimated collection of said special assessments and of all other special assess- ments theretofore pledged to said fund, will produce at least five per- cent in excess of the amounts needed to meet when due, the principal and interest payments on said bonds and all other than outstanding bonds which are payable from said funds, and WHEREAS~ there is on hand $8,875.00. NOW, THEREFORE, BE IT RESOLVED by the City of New Hope as follows: 1. The recitals contained hereinabove are incorporated herein by reference. 2. The total amount in the $950,000 Improvement Bonds of 1972 fund is hereby found and declared to be $8,875 and the taxes to be levied in 1979 shall be reduced by that amount. 3. The Clerk shall forthwith request the County Auditor to reduce the amount of ad valorem levy as above recited $38,875 to $30,000. Dated this 24th day of September, 1979.~~ R ATTEST ~ ~/Clerk-Treasurer RESOLUTION DIRECTING CERTIFICATION OF AMOUNT OF 1958 IMPROVEMENT BOND SINKING FUND TO COUNTY AUDITOR FOR PURROSE OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1980 WHEREAS, by resolution adopted by this Council on the 10th day of February, 1958, as amended on February 28, 1958 by adoption and resolution en- titled "Resolution Amending Resolution of February 10, 1958 Relating to the Sanitary Sewer Improvemet No. 7 and Storm Sewer Improvement No. 10 Funds, the Authorization of $854,000 Improvement Bonds of 1958 and the Appropriation of Special Assessments and Taxes for the Payment Thereof", and WHEREAS, said resolution levied upon all taxable property within the corporate limits of the City, a direct, annual, ad valorem tax, to be spread upon the tax rolls for the year specified, including $50,255.62 spe- cified for the year 1979 and collected in the ensuing year 1980, and WHEREAS, said resolution specified as follows, in part: "On or about October 1st, of each year, the City Treasurer shall determine the amount of cash and the value of lawful investments held in the 1958 Improvement Bond and Sinking Fund, and the total thereof shall be deemed to be the excess amount in the Sinking Fund. The Clerk shall thereupon certify the fact and amount of such excess to the County Auditor, and the County Auditor shall, and hereby is, authorized to reduce the amount of the tax levy for such year by the excess amount on hand in said fund as so certified to him:, and WHEREAS, there is on hand $35,255.62, NOW, THEREFORE, BE IT RESOLVED by the City of New Hope as follows: 1. The recitals contained hereinabove are incorporated herein by reference. 2. The total amount in the 1958 Improvement Bond Sinking Fund is hereby found and declared to be in excess of $35,255.62 and the taxes to be levied in 1979 shall be reduced by $35,255.62. 3. The Clerk shall forthwith request the County Auditor to reduce the amount of ad valorem levy as above recited, ($50,255.62 to $15,000~00). RESOLUTION DIRECTING CERTIFICATION OF AMOUNTS IN VARIOUS SINKING FUNDS FOR THE PURPOSE OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1980 BOND 18 WHEREAS, by resolution adopted by this Council on the 15th day of August, 1961 entitled "Resolution Authorizing and Establishing the Form and Details of $442,000 Improvement Bonds of August !, 1961, Series A and Appropriating Spe- cial Assessments and Taxes for the Payment Thereof", and BOWD 21 WHEREAS, by resolution adopted by this Council on the 10th day of July, 1962, entitled "Resolution Authorizing and Establishing the Form and Details of $690,000 Bonds of 1962, and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and BOND 22 WHEREAS, by resolution adopted by this Council on the 6th day of August, 1962 entitled "Resolution Authorizing and Establishing the Form and Details of $405,000 Imrpovement Bonds of 1962, Second Series, and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and BOND 24 WHEREAS, by resolution adopted by this Council on the 21st day of Novem- ber 1962, entitled "Resolution Authorizing and Establishing the Form and Details of $1,220,000 Improvement Bonds of 1962, Fourth Series and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and BOND 26 WHEREAS, by resolution adopted by this Council on the 23rd day of July, 1963 entitled "Resolution Authorizing and Establishing the Form and Details of $403,000 Improvement Bonds of 1963, First Series, and Appropriating Special As- sessments and Levying Ad Valorem Taxes for the Payment Thereof", and BOND 27 WHEREAS, by resolution adopted by this Council on the 19th day of November 1963, entitled "Resolution Authorizing and Establishing the Form and Details of $1,110,000 Improvement Bonds of 1963, Second Series, and Appropriating Spe- cial Assessments and Levying Taxes for the Payment Thereof", and BOND 29 WHEREAS, by resolution adopted by this Council on the 10th day of November 1964, entitled "Resolution Authorizing and Establishing the Form and Details of $375,000 Improvement Bonds of 1964, and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and BOND 40 WHEREAS, by resolution adopted by this Council on the 9th day of September 1971, entitled "Resolution Authorizing and Establishing the Form and Details of $1,155,000 Improvement Bonds of 1971, and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and BOND 42 WHEREAS, by resolution adopted by this Council on the 14th day of May, 1973 entitled "Resolution Authorizing and Establishing the Form and Details of $545,000 Improvement Bonds of 1973 and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and BOND 44 WHEREAS, by resolution adopted by this Council on the 31st day of Decem- ber 1975, entitled "Resolution Authorizing and Establishing the Form and Details of $355,000 Improvement Bonds of 1976 and Appropriating Special Assessments Levy- ing Taxes for the Payment Thereof'", and WHEREAS, said resolutions levied upon all taxable property within the cor- porate limits of the City, a direct, annual, ad valorem tax to be spread upon the tax rolls for the year specified, including the sums below listed, specified for 1979 to be collected in the ensuing year of 1980. a. Bond 18 $442,000 ImBrovement Bonds of 1961, Series A $ 2,000 b. Bond 21 $690,000 Improvement Bonds of 1962 $ 3,100 c. Bond 22 $405,000 Improvement Bonds of 1962,Second Series $ 500 d. Bond 24 $1,220,000 Improvement Bonds of 1962, Fourth Series $15,000 e. Bond 26 $403,000 Improvement Bonds of 1963 $15,000 f. Bond 27 $1,100,000 Improvement Bonds of 1963, Second Series $28,400 g. Bond 29 $375,000 Improvement Bonds of 1964 $ 5,100 h. Bond 40 $1,155,000 Improvement Bonds of 1971 $12,000 i. Bond 42 $545,000 Improvement Bonds of 1973 $21,500 j. Bond 44 $355,000 Improvement Bonds of 1976 $14,948 WHEREAS, said resolutions specified as follows, in part: "Said levy shall be irrepealable except as provided in said Ordinance No. 57-20" and Ordinance 57-20, Chapter 20. Chapter 25 further provides in part: "Unless such special assessments to be received by the Improvement Bond Redemption Eund are suffi~ cient to provide for the payment of the bonds and the interest thereon -- the Council shall levy a general ad valorem tax upon all taxable property within the City, to be spread upon the tax rolls for each year of the term of the bonds, and shall specify the amounts of the levies of such tax for all years such that if collected in full they, together with the taxes theretofore levied and appro- priated to such fund, plus the estimated collection of said special assessments and of all other special assessments theretofore pledged to said fund, will pro- duce at least five percent in excess of the amounts needed to meet when due the principal and interest payments on said bonds and all other than outstanding bonds which are payable from said fund", and WHEREAS, the above mentioned Sinking Funds will contain in excess of the required five percent. - 3 - NOW, THEREFORE, BE IT RESOLVED by the City of New Hope, Minnesota as follows: 1. The recitals contained hereinabove are incorporated herein by reference. 2. The total amount in the Improvement Bond Redemption Fund is hereby found and declared to be a sum in excess of the amounts needed to meet when due the principal and interest payments on said bonds. 3. The Clerk shall forthwith request the County Auditor to reduce the amount of ad valorem levies as above listed in their entirety, Dated this 24th day of September, 1979. ~TTEST: ~r ~/ RESOLUTION REQUESTIONG CANCELLATION OF AD VALOREM TAXES ON IMPROVEMENT BOND AND GENERAL OBLIGATION BONDS FINANCED BY REFUNDING BOND ISSUE OF 1976 WHEREAS, the City of New Hope sold $1,270,000 General Obligation Refunding Bonds in 1976, and WHEREAS, the funds derived from the sale of the General Obligation Refunding Bonds are to be used to meet principal and inter- est payments of the following bonds: a. Bond 43, $120,000 Improvement Bonds of 1974. b. $910,000 General Obligation Ice Arena Bonds c. $395,000 1969 General Obligation Park Bonds, and WHEREAS, Section 4.01 of "Resolution Authorizing Selling and Esta- blishing the terms of $1,270,000 General Obligation Refunding Bonds, Creating a Sinking Fund Therefor~ and Providing for Their Payment" specified in part: "The Clerk-Treasurer is hereby directed to annually, on or before October 10, of each year, commencing in 1976 request the cancellation by the County Auditor of all the taxes heretofore levied for such year for payment of the refunded bonds and not needed as a result of the establishment of the escrow account provided". NOW, THEREFORE, BE IT RESOLVED by the City of New Hope, Minnesota that the following ad valorem taxes heretofore levied for the year 1980 be cancelled: Description Ad Valorem Taxes a. Bond 43, $120,000 Improvement Bonds of 1974 $ 4,326 b. $910,000 General Obligation Ice Arena Bonds $89,700 c. $395,000 1969 General Obligation Park Bonds $41,500 Dated the 24th day of September 1979. e/rk-Treasurer RESOLUTION ADOPTING BUDGET FOR THE CITY OF NEW HOPE FOR THE YEAR1980 AND ESTABLISHING TAX LEVY FOR!THE YEAR PAYABLE IN 1980 BE IT RESOLVED by the City Council of the City of New Hope as follows: Section 1. The Budget for the City of New Hope, Minnesota for all funds supported in whole or in part by property taxes for the calendar year of 1980 is hereby adopted as hereinafter set forth and the funds are hereby ap- propriated therefore: GENERAL FUND General Government Mayor and Council $ 20,092 City Manager 59,305 Courts 30,000 Elections/Voters Registration 24,021 Municipal Clerk 93,452 Accounting 52,810 Civil Service Commission 6,550 Advisory Commissions 280 Planning and Zoning 1,625 Municipal Building 43,701 Total General Government $ 331,836 Public Safety Police Protection 846,311 Fire Protection 149,297 Protective Inspections 96,952 Civil Defense 2,178 Animal Control 22,275 Total Public Safety $ 1,117,013 Public Works Streets and Alleys 280,467 Snow and Ice Removal 90,911 Traffic Signs, Signals~ and Markings 23,633 Total Public Works $ 395,011 Sanitation and Waste Removal Storm Sewers 36,901 Recreation Recreation 206,049 Parks 208,033 Total Recreation $ 414,082 Other Functions 249,583 TOTAL GENERAL FUND $ 2,544,426 TRUST AND AGENCY $ 36,346 INTRAGOVERNMENTAL SERVICE FUND - Central Garage 171,441 COMMUNITY CENTER 4,995 SHADE TREE DISEASE CONTROL 37,395 BOND AND DEBT SERVICE FUND 289,867 TOTAL TAX SUPPORTED FUNDS $3,084,470 Section 2. Estimated receipts other than general tax levy are hereby established as herein set forth: GENERAL FUND Penalties and Interest on Taxes $ 16,000 Licenses and Permits - Business 26,510 Licenses and Permits - Non Business 33,050 Court Fines 47,672 Revenue From Use of Money and Property 13,050 Shared Taxes 905,987 Grants 4,000 Current Charges 90,586 Transfers - General Fund Surplus 31,519 Utility Administration 22,000 Special Police Fund 47,112 Federal Revenue Sharing 158,511 TOTAL GENERAL FUND $ 1,395,997 TRUST ANDAGENCY ~ Insurance Rebates 35,146 FORESTRY Grants 6,000 Other 16,000 TOTAL FORESTRY $ 22,000 CENTRAL GARAGE Sale of Equipment $ 9,000 Service Charges 134,595 Equipment Replacement Reserve 123,552 TOTAL CENTRAL GARAGE $ 267,147 TOTAL ESTIMATED RECEIPTS $ 1,720,290 - 3 - Section 3. That thereby and hereby is levied upon all taxable real and personal property in the City of New Hope, a tax in the following amount hereinafter set forth: Estimated Net Receipts Uncollectible Total Levy GENERAL FUND $ 1,148,429 $ 23,437 $1,171,866 COMMUNITY CENTER 4,995 102 5,097 TRUST AND AGENCY 1,200 25 1,225 INTRA-GOVERNMENTAL SERVICE FUND - CENTRAL GARAGE 27,846 568 28,414 SHADE TREE DISEASE CONTROL 15,395 314 15,709 DEBT SERVICE 289,867 5,916 295,783 TOTAL $ 1,487,732 $ 30,362 $ 1,518,094 Section 4. This resolution shall be in effect from and after its adoption and any expenditures in addition to those herein appropriated shall be made only after Council approval. RESOLUTION APPROVING 1979 TAX LEVY, COLLECTIBLE IN 1980 AND AUTHORIZING CERTIFICATION TO THE COUNTY AUDITOR BE IT RESOLVED by the City Council of the City of New Hope, County of Hennepin, Minnesota that the following sums of money be levied for the current year, collectible in 1980 upon the taxable property in the City of New Hope, for the following purposes: GENERAL FUND $ 1,171,866 Base Levy (Base Levy Includes~ $17,762 Social Security $44,076 PERA) Community Center 5,097 Intra-Governmental Service Fund - Central Garage 28,414 Special Levies: Shade Tree Disease Control 15,709 Trust and Agency 1,225 Debt Service: 1961 Municipal Building Bonds 5,500 1963 Park Improvement Bonds 15,183 1965 Swimming Pool~Park Bonds 34,200 1968 Park Improvement Bonds 31,300 1973 Park Improvement BOnds 35,000 Bond No. 4~Special Assessment 15,000 Bond No. 41 30,000 1976 General Obligation Refunding Bonds 129,600 Total $ 1,518,094 Provision has been made by the City of New Hope, for the payment of any additional amounts needed in excess of $61,838 as the City's contributory share to the Public Employee's Retirement Fund as pro- vided for in Minnesota Statutes Annotated, Section 353.01 et. seq. No further levy in excess of the $61,838 cited above is required for this purpose. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council on September 24, 1979. ATTEST: I~%tY Pouliot CERTIFICATION OF MINUTES RELATING TO $1,400,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (PHOTO CONTROL CORPORATION) Issuer: City of New Hope, Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting held on September 24, 1979, at 7:00 o'clock ~.M. at City Hall, 4401Xylon Avenue North, New Hope, Minnesom. Members present: Erickson, Enck, Hokr, OWen, Plufka Members absent: None Documents attached: Minutes of said meeting (pages): 1 through 5, including A RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALL- ING A PUBLIC HEARING HEREON (PHOTO CONTROL CORPORATION PROJECT) I, the undersigned, being the duly qualified and -acting recording officer of the public corporation consid- ering issuance of the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corpo- ration, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at saia meeting, so far as they relate to said obligatiOns; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursu- ant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 24th day of September , 1979. ~ Signature Betty Pouliot, City Clerk-Treasurer (SEAL) Name and Title Motion for the following resolution was made by Member Otte~ - A RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALL- · ING FOR A PUBLIC HEARING THEREON (PHOTO CON- TROL CORPORATION PROJECT) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: Section 1. Recitals. 1.01. Photo Control Corporation, a Minnesota corporation (the Company) engaged in the design, manufac- ture and marketing of professional cameras, long-roll film magazines and photographic accessories, and the production and marketing of machine iinished aluminum and zinc die custom and precision parts, has advised this Council of its desire to acquire land and one or more buildings thereon, located Within the City at 4800 Quebec Avenue North and t~ acquire and construct capital improvements thereto (such acquisition and construction being hereinaf- ter referred to as the Project), for use by the Company as an industrial building. The estimated total cost of the Project is $1,400,000. 1.02. The City is authorized by the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended (the Act), to issue revenue bonds to finance in whole or in part, the cost of the acquisition, construction, reconstruction, improvement and betterment of projects, including any properties real or personal, used or useful in connection with a revenue producing enterprise engaged in any business. The Company has requested that the City issue its revenue bonds under the Act in an amount not exceeding in aggregate principal amount $1,400,000, or such lesser amount as may be neces- sary to finance all or a portion of the Project. Section 2. Public Hearing. 2.01. Section 474.01, Subdivision 7b of the Act requires that prior to submission of an application to the Minnesota Commissioner of Securities requesting approval of the Project as required by Section 474.01, Subdivision 7a of the Act, this Council shall conduct a public hearing on the proposal to undertake and finance the Project. Pursuant to that provision, a public hearing on the pro- posal to undertake and finance the Project is called and shall be held on October 22 , 1979, at 7:00 o'clock ~.M,, at City Hall~ 4401 Xylon Avenue North~ New Hope~ MN. 2.02. The City Clerk-Treasurer shall'cause notice of the public hearing to be published in the offi- cial newspaper of the City and in a newspaper of general circulation throughout the City at least once not less. than fifteen nor more than thirty days prior to the date fixed for the hearing, such notice to be in substantially the following form: -2- NOTICE OF PUBLIC HEARING ON A PROPOSED PRO- JECT AND THE ISSUANCE OF INDUSTRIAL DEVELOP- MENT REVENUE BONDS UNDER THE MUNICIPAL INDUSTRIAL.DEVELOPMENT ACT, MINNESOTA STAT- UTES, CHAPTER 474, AS AMENDED (PHOTO CONTROL COKPORATION FRO3ECT) CiTY OF NEW HOPE, MINNESOTA NOTICE IS HEREBY GIVEN ~that the City Council of the City of New Hope, Minnesota, will meet on October 22~ 1979, at 7:00 o'clockP .M., at City ~all, 4401 Xylon Avenue No. , in New Hope, Minnesota, ~or the purpose of ' ~onduct~ng a public hearing on a proposal that the City issue revenue bonds or notes (whether bonds or notes, hereinafter, the Bonds) under the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended, in order to finance the cost of a project on behalf of Photo Control Corporation, a Minnesota corpora- tion (the Company), engaged in the design, manufacture and marketing of professional cameras, long-roll film maga- zines and photographic accessories, and the production and marketing of machine finished aluminum and zinc die cast- ing and precision parts. The proposed project will con- sist of the acquisition of certain land and one or more buildings thereon, located within the City at 4800 Quebec Avenue North and to acquire and construct, capital improve- ments thereto (the Project), all to be used by the Company as an industrial building. The estimated total amount of the Bonds are $1,400,000. The Bonds shall be limited obligations of the City and the Bonds and interest thereon shall be payable solely from the revenue pledged to the payment thereof, except that the Bonds may be secured by a mortgage and other encumbrance on the Project. No holder of any such Bond shall ever have the right to compel any exercise of the taxing power of the City to pay the Bonds, or the interest thereon, nor to enforce payment against any property of the City except the revenues pledged to the payment thereof. A draft copy of the proposed application to the Minnesota Commissioner of Securities for approval of the project, together with all attachments and exhibits there- to, is available for public inspection at 4401 Xylon Avenue North New Hope: MN, weekdays, between the hours o~ 8 A.M. and 4 P.M. -3- Ail persons interested may appear and express their views with respect to the proposal to undertake and finance the Project. Dated: ~eptember~2~, 1979. BY ORDER OF THE CITY COUNCIL /s/ Betty Pouliot City Clerk-Treasurer -4- 2.03. A draft copy of the proposed application to the Minnesota Commissioner of Securities, together with all attachments and exhibits thereto, are hereby ordered placed on file in the office of the City Clerk-Treasurer, and shall be available for public inspection, following the publication of the notice of public hearing, weekdays, between the hours of 8 A.M. and 4 B.M - lVerk-Treasurer The motion for the adoption of the foregoing res- olution was duly seconded by Member Hokr , and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Hokr, Otten, Plufka and the following voted against the same: None; whereupon said resolution was declared duly passea and adopted and was signed by the Mayor which was attested by the City Clerk-Treasurer. -5- RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT NO. 356A (NEW HOPE HIGHLANDS ADDITION AND OTHER AREAS) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the construction of Water, Sanitary Sewer, and Storm Sewer Improvement No. 356A were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 10:00 o'clock A.M. on the 21st day of September, 1979, as heretofore authorized by this Council. 2. That advertisement for bids for the construction of said improvement was published in the New Hope-Plymouth Post, the official newspaper of the City, on the 6th and 13th days of September, 1979, and in the Construction Bulletin on the 7th and 14th days of September, 1979. 3. The lowest bid received exceeds the preliminary report estimate by from 22 to 37%. This Council has before it the recommendation of its engineers dated September 24, 1979 recommending that the lowest bid be accepted, despite the disparity between the estimated cost and the bid cost, and further takes note of the inflationary climate, as well as the costs that would be incurred if the projects could not be completed before winter sets in. 4. It is hereby found and determined by this Council that the bids of Kirkwold Construction Co. for the construction of said projects in the amount of $250,973.15 is the lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have recommended to this Council the said Iow bid for the award of the contract for the construction of the improvement, and this Council does hereby award the contract for the construction to the designated lowest responsible bidder. 5. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the Council this 1st day of October, 1979. ~]/w. J. Erickson, Mayor Attest: ~ l~e~ty P~liot, Clerk-Treasurer (Seal) City of New Hope 4401 Xylon Ave. No. New Hope, Mn. 55428 Attn: Mr. Hmrlyn Larson - Re: File No. 3441 1979 Utility Improvements ~6~ Gentlemen: _ Bids were received for construction of sanitary sewer, water main and storm sewer~on the New Hope Highlands Addition, Johnson St. Croix Addn. and Quebec Avenue County Road 9 area. The following is a summary of the bids received: Kirkwold Construction Co' $250,973.15 Northdale Construction Co. 273,473.25 G. L. Contracting-Co. 306,535.75 C. S. McCrossan Inc. 330,797.00 Preliminary Report Estimate 181,580.00 The bid received on the.project is 30 percent above the preliminary estimates. -Street grading of 31st Ave. No. was added to the project as requested by the developer. The 31st Avenue North Street grading increased the bid amount by $14,050.00. The following summary provides a cost breakdown' for each development area included in the project as bid. Prelim. Est. Bid Increase ~f~ New Hope Highlands $80,730.00 $ 98,684.05 22% ~9 Sheridan (Quebec Ave.) 32,050.00 44,065.75 37~ ~'q Johnson St. Croix 68,800.00 108,223,35' 37% *Includes $14,050.00 street grading. The bids are high relative to the preliminary estimate but we do not feel there would be any advantage in rebidding the project. Rebidding would push the project into the 1980 construction season which would result in an additional increase. / - Page 1. City of New Hope September 24, 1979~ New Hope, Mn. 55428 Re: File No. 3441 The high bids are a result of normal inflation, short completion time, and the great amount of construction remaining to be completed because of the wet summer. We recommend that the project be awarded to Kirkwold Construction Company in the amount of $250,973~15. If you have any questions, please contact this office. Yours very truly, BONESTRO0, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:li Page 2. RESOLUTION APPROVZNG HOI~E IMPROVEMENT GRANT PROGRAM COOPERATION CONTRACT WITH MUNICIPALITY --CONTRACT NO. 90486 City of New Hope, Minnesota WNEREA$, Hennepin County has entered into a contract with The Minnesota Housing Finance Agency to serve as the administering entity for the Year 1V Home Improvement Grant Program, and WHEREAS, the City of New Hope is desirous of cooperating with Hennepin County in the conduct of this program and to assist eligible individuals and families to improve their housing in the City. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of New Hope as follows: 1. The agreement entitled "Home Improvement Grant Program Cooperation Contract with Municipality"--Contract No.-90486 between the COunty of Henn'epin and the City of New Hope be and is hereby approved, and 2. The Mayor and the City Manager be and are authorized to sign said contract on behalf of the City, and 3. The City Clerk-Treasurer is directed to transmit a signed copy of the Contract to Hennepin County. Dated this 9th day of October , 19 79. C~k-Treasurer RESOLUTION FURTHER AMENDING ASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT NO. 326 WHEREAS, The Council did, on September 24, 1979, delete the assess- ment for the above-captioned improvement previously levied against the property identified as PID 18-118-21 12 0003 and located at 8320 42nd Avenue North, and WHEREAS, concurrent with the deletion of said assessment, Council directed City staff to obtain an appraisal setting forth the market value of the property in question, both before and after the making of the improvement, and WHEREAS, the appraisal as presented to Council this date confirms the opinion of this Council that the market value of the property has increased in an amount not less than $ 445.40 , and WHEREAS, the proportionate share of the cost of the work attributable to the parcel in question is $ 445.40 NOW BE IT RESOLVED by the Council of the City of New Hope as follows: 1) After consideration of the appraisal~as to the before and after improvement market value of certain property within the City of New Hope, the assessment roll for Storm Sewer Improvement No. 326 is amended as follows: ' PID No. From To 18-118-21 12 0003 0 $ 445.40 2) The City Clerk-Treasurer is hereby directed to immediately certify a copy of this resolution to the County Auditor so that said special assess- ment may be reinstated on the roll with first , installment payable in 1980. Dated the 9th day of October, 1979. ATTEST: ~ / ~Treas urer RESOLUTION AMENDING ASSESSMENT ROLL FOR STREET AND STORM SEWER IMPROVEMENT NO. 350 WHEREAS, the Council did, on September 24, 1979, delete the assessment for the above-captioned improvement from the proposed roll in respect to the property identified as PID 18-118-21 12 0003, and located at 8320 42nd Avenue North, and WHEREAS, concurrent with the deletion of said proposed assessment, Council directed City staff to obtain an appraisal setting forth the market value of the property in question, both before and after the making of the improvement, and WHEREAS, the appraisal as presented to Council this date confirms the opinion of this Council that the market value of the property has increased in an amount not less than $ 16,701.48 , and WHEREAS, the proportionate share of the cost of the work attributable and assessable to the parcel in question is $ 16,701.48 NOW BE IT RESOLVED by the Council of the City of New Hope as follows: 1) After consideration of the appraisal as to the before and after improvement market value of certain property within the City of New Hope, the assessment roll for Storm Sewer Improvement No. 350 is amended as follows: PID No. From To 18-118-21 12 0003 0 $ 16,701.48 2) The City Clerk-Treasurer is hereby directed to immediately certify a copy of this resolution to the County Auditor so that said special assess- ment may be reinstated on the roll with first installment payable in 1980. Dated the 9th day of October, 1979. Cit~ C1 ~k-Treasurer RESOLUTION AMENDING ASSESSMENTS FOR STREET AND STORM SEWER IMPROVEMENT NO. 341A BE IT RESOLVED by the City Council of the City of New Hope as follows: After further consideration of all of the comments and objections offered, the special assessments for the above-captioned improvement of the City of New Hope should be and are hereby amended as follows: PID NO. From To 05-118-21 33 0027 $ 369.80 $ 281.20 05-118-21 33 0028 6,508.48 4,949.12 05-118-21 33 0087 1,386.75 1,054.50 05-118-21 33 0088 1,386.75 1,054.50 05-118-21 33 0091 2,551.62 1,940.28 Dated the 9th day of October, 1979. Attest: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND STORM SEWER IMPROVEMENT NO. 362 (PAZANDAK) BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have heretofore reported to this Council that a sanitary sewer and storm sewer improvement for the City as hereinafter described is feasible and may best be made as poroposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the City is $23,760. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed contruction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place-and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official newspaper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED SANITARY SEWER AND STORM SEWER IMPROVEMENT NO. 362 (PAZANDAK) City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 13th day of November, 1979 at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction of sanitary sewer and storm sewer and all other appurtenant works and services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: The South 1/2 of Lot 1, Block 1, Winnetka Industrial Park, in the City of New Hope. 3. The estimated cost of said improvement is $23,760. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the day of October, 1979. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 25th day of October, 1979 and the 1st day of November, 1979. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Dated the ~ day of October, 1979. Erickson, Mayor Attest: ~ et~ P~uliot, Clerk-Treasurer -3- RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 361 (WITCHER, ET AL) BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have heretofore reported to this Council that a water and sewer improvement for the City as hereinafter described is feasible and may best be made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the City is $23,760. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereto for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official news- paper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED SANITARY SEWER AND WATER'IMPROVEMENT NO. 361 (WITCHER, ET AL) City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 13th day of November, 1979 at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction of sanitary sewer and water and all other appurtenant works and services reason- ably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: The North 1/2 of the Southeast 1/4 of the Southwest 1/4, Section 20, Township 118, Range 21. 3. The estimated cost of said improvement is $26,400. 4. The area proposed to be assessed for the making of said improve- ment shall incude the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the ~ day of October, 1979. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 25th day of October, 1979, and the 1st day of November, 1979. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Dated the .~ day of October, 1979. ~. J. Erickson, Mayor Attest: ~ ~liot, Clerk-Treasurer -3- CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF WITCHER ADDITION BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. It is hereby found and determined by th~s Council that the plat of land described in the title of this resolution is ac- cepted under the subdivision regulations of the City and that a public hearing has been duly held thereon. 2. This Council, as the platting authority provided by Chapter 670, Laws of 1965, does hereby approve the said plat. 3. The Mayor and Clerk are hereby authorized to sign the final plat. Attest ~erk-Treasurer CERTIFICATION STATE OF MINNESOIA SS COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of New Hope, hereby attest and certify that: (1) as such officer, I have the legal custody of the original Resolution of which the foregoing is a true and correct copy: (2) that said Resolution was duly adopted at a meeting of the City Council of said City on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice there- of as required by law, on October 9, 1979 . Witness my hand and the seal of said City this 17th day of October , 1979 . '~/~Cl~Clerk-Treasurer RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF WITCHER ADDITION AND ACCEPTANCE OF DEVELOPMENT CONTRACT AND BOND BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. The plat of land described in the .title of this resolution has heretofore been approved by this Council. 2. The City Attorney is hereby directed to hold the hardshells of said plat until the following conditions for release and delivery have been met: (a) The Developer shall execute and deliver to the City a "Development Contract" secured by a "Development Bond" in an' amount and with surety and conditions satisfactory to the City to assure to the City that driveway approaches, street signs, boulevard improvements, and other necessary improvements be constructed and installed to City specifications; (b) The Developer has delivered to the City an 'abstract of title in customary form and the City Attorney, after a title examination thereof, reports that the persons purporting to dedicate -the public streets and easements in said plat have sufficient and good title in the lands platted to do so. (c) Additional conditions: Up6n the approval of the "Development Contract" and "Development Bond" by the City Attorney, the Mayor and the City Manager are authorized 'to sign the "Development Contract" and accept the "Development Bond" on behalf of City. Adopted by the Council this 9th day of October , 1979 . .~~_~.~) / /,~ Mayor Attest: / ~Clerk-Treasurer CERTIFICATION OF MINUTES RELATING TO $1,400,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (PHOTO CONTROL CORPORATION PROJECT) Issuer: City of New Hope, Minnesota Kind, date, time and place of me'eting: A regular meeting held on October 22 , 19 79, at . 7.:00 o'clock p~.M. Members present: Erickson~ .Enck~ Hokr~ Otten~ Plufka Members absent: None Documents attached: Minutes of said meeting (pages): 1 through 7, including MINUTES OF PUBLIC HEARING ON PROPOSED PROJECT RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS (PHOTO CONTROL CORPORATION PROJECT) I, the undersigned, being the duly qualified and acting recording officer of the public corpor'ation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of th~ minutes of a meeting of the governing body of said c6rporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they. relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer and seal~ of this City this day of. October 22 , 1979. ' ~//~ignature (SEAL) Betty Pouliot, City C!.erk-Treasurer Name and Title The Mayor stated that this was the time and place fixed by resolution of this Council, adopted on September 24, 1979,-for a public hearing on the proposal that the City undertake and finance a Project on behalf of Photo Control Corporation pursuant to Minnesota Statutesi Chapter 474. The City Clerk-Treasurer presented affidavits showing publication of the notice of the public hearing at least once not less %han 15 nor more than 30 days prior to the date fixed for hearing, in New Hope - Plymouth Post being the official newspaper of the City and in the Minneapolis Star and Tribune~being a newspaper of general circulation in the City. The affidavits were examined, found to be satisfactory and ordered placed on file with the Clerk. The Mayor then opened the meeting for public hearing on the proposal to undertake and finance the project on behalf of Photo Control Corporation. The purpose of the hearing was explained, the nature of the Project and of the proposed revenue bonds were discussed, the draft copy of the application to the Commissioner of Securities with all attachments and exhibits was available, and all persons present who desired to do so were afforded an opportunity to express their views with respect to the proposal to undertake and finance the Project, in response to which the following persons -1- appeared, were recognized and made statements, summaries of which appear opposite their respective names: Name of Speaker Summary of Views None After all persons who wished to do so had stated their views on the proposal, the Mayor declared the hearing to be closed. After some discussion, motion for the fol.lowing resolution was made by Member Enck : -2- RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS (PHOTO CONTROL CORPORATION PROJECT) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: Section 1. Recitals. 1.01. The Legislature of the State of Minnesota in Minnesota Statutes, Chapter 474, as amended (the Act), has found and declared that the welfare of the State requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment; has authorized municipalities to issue revenue bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement and betterment of projects, including any properties, real or personal, used or useful in connection with a revenue producing enterprise engaged in any business; and has authorized municipalities to enter into "revenue agreements", as defined in the Act (the Revenue Agreement), with any person, firm, or public or private corporation or federal or state governmental subdivision or agency (the Contracting Party) providing for the payment by the Contracting Party of amounts sufficient to provide for the prompt payment of principal and interest on the revenue bonds. 1.02. Pursuant to'the authority of the Act, it has been proposed that the City issue its revenue bonds or notes (whether bonds or note, hereinafter referred to as the Bonds), pursuant to the authority of the Act, in an amount not exceeding in aggregate principal amount $1,400,000, or such lesser amount as may be necessary to finance all or a portion of the costs of the acquisition of certain land and one or more buildings thereon located within the City at 4800 Quebec Avenue North, and the acquisition and construction of capital improvements thereto, to be used by Photo Control Corporation, a Minnesota corporation (the Company), as an industrial building in connection with its business of designing, manufacturing and marketing professional cameras, long roll film magazines and photographic accessories, and the production and marketing of machine finished aluminum and zinc die casting and precision parts (all such properties -3- being hereinafter referred to as the Project), and to make the proceeds of the sale of those revenue bonds available to the Company, which will agree to pay the City amounts sufficient to pay promptly the principal of and interest on the revenue bonds, and will agree to cause the Project to be acquired and improved. The Project is presently estimated to cost approximately $1,400,000. 1.03. The City has been advised that conventional, commercial financing to pay the capital co~t of the Project is available only on a limited basis and at such high costs of borrowing that the scope of the Project or the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing, and its resulting low borrowing costs, the Project can be acquired and constructed as designed and its operation is economically more feasible. 1.04. This Council has been advised that the Bonds could be issued and sold upon favorable rates and terms. 1.05. The full faith and credit of the City will not be pledged or responsible for the Project or the payment of the principal of and interest on the Bonds. 1.06. There has been presented to this Council a form of Memorandum of Agreement between the City and the Company relating to the issuance of .the Bonds (the Memorandum of Agreement). Section 2. Public Hearinq. 2.01. As required by Section 474.01, Subdivision 7b of the Act, this Council; pursuant to a resolution adopted on September 24, 1979, called and held a public hearing on the proposal to undertake and finance the Project. Notice of the time and place of the hearing, and stating the general nature of the Project and an estimate of the principal amount of bonds to be issued to finance the Project, was published at least once not less than fifteen days nor more than thirty days prior to the date fixed for the hearing, in the official newspaper of the City and a newspaper of general circulation of the City. A draft copy of the proposed application to the Minnesota Commissioner of Securities, together with all attachments and exhibits thereto, was available for public inspection following the publication of such notice at the place and times set forth in the notice. -4- 2.02. Ail parties who appeared at the public hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. This Council has heard and considered the views expressed at the public hearing and the information submitted to the City by the Company. Section 3. Approvals and Authorizations. 3.01. On the basis of information given the City to date, and the views expressed at the public hearing, it is found and determined that the Project furthers the purposes stated in Section 474.01 of the Act, and that it would be in the best interest of the City to issue the Bonds under the provisions of the Act to finance all or part of the costs of the Project in an amount not to exceed $1,400,000. 3.02. Subject to the qualifications contained herein and in Section 5.01 hereof, the Project is hereby given preliminary approval by the City and the issuance of the Bonds for such purposes approved. The Bonds shall not be issued until the Project has been approved by the Commissioner of Securities as provided by the Act and until the City, the Company and the purchaser or purchasers of the Bonds have agreed upon the detailed terms and conditions on which the Project will be financed, the terms and conditions on which the Bonds will be issued sold and secured, and the 'terms and conditions of the Revenue Agreement and other instruments and proceedings relating to the Bonds; the agreement of the City must be evidenced by a resolution of this Council authorizing the issuance of the Bonds for the purpose of financing the Project and approving and authorizing the execution of necessary documents. This Council specific-- ally reserves the right to decline to issue the Bonds or to finance the Project, without obligation, if it determines subsequent to this resolution that the Project is not in the best interest of the City. 3.03. The form of Memorandum of Agreement is approved, and the Mayor and City Manager are authorized to execute the Memorandum of Agreement, with such changes as the City Attorney may approve, on behalf of the City. 3.04. In accordance with the Act, the Mayor and City Manager are hereby authorized and directed to submit the proposal for the Project to the Minnesota Commissioner of Securities for her approval of the Project. The Mayor, City Manager, City Attorney and other officers, employees and agents of the City are hereby authorized to provide -5- the Commissioner with any preliminary information she may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project. 3.05. The City will comply with all of the provisions of the Act,- including. Section 474.01, Subdivision 8 thereof, in the issuance of the Bonds and the financing of the Project. Section 4. Special Obligations. 4.01. In all events, it is understood, however, that the revenue bonds of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project, if it becomes the property of the City, and each bond, when, 'as and if issued, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. Section 5. General. 5.01. All commitments of the City expressed' herein are subject to the terms of the memorandum of Agreement and to the condition that within twelve months from the date of adoption bf this resolution (or such other date as shall be mutually satisfactory to the City and the Company) the City and the Company shall bare agreed to mutually acceptable terms and conditions of the Revenue Agreement, Bonds, and of the other instruments and proceedings relating to the Bonds and the financing of the Project. 5.02. If the events set forth herein do not take place within the time set forth above or a~y extension thereof, and the Bonds are not issued and sold within such time, the Company agrees that it will reimburse the City for all necessary expenses which the'City may incur in the performance by the City of its authorizations and approvals hereunder. Adopted ~~f ~z_-- , 1979. ~~ic ~ son, Mayor Attest: ~e~k_Treas2re~ (SEAL) --6-- The motion for the adoption of the foregoing resolution was seconded by Member Otten , and upon .vote'being taken thereon, the following voted in favor thereof: · 'Erickson, Enck, Hokr, Otten, Plufka and the following voted against the same: None whereupon said resolution was declared duly passed and adopted and was signed by the Mayor, which was attested by the City Clerk-Treasurer. -7- Member Enck introduced the following resolution and moved its adoption: RESOLUTION RELATING TO A $1,170,000 INDUSTRIAL DEVELOPMENT REVENUE NOTE (KEELOR STEEL, INC. PROJECT) SERIES A; AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 BE IT RESOLVED by the City Council of the City of New Hope, Minnesota as follows: Section 1. Definitions 1.01. In this Resolution the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof or use herein clearly requires otherwise: Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assignment: The Assignment of Rents to be given by the Company in favor of the Lender; City: the City of New Hope, Minnesota, its successors and assigns; Company: Keelor Steel, Inc., a Minnesota Corporation, its successors and assigns; Financing Statement: the Uniform Commercial Code Financing Statement to be executed by the City with respect to the Pledge Agreement; Fixtures: those items defined as such in Section 1-1 of the Mortgage; Improvements: a completed office/industrial building containing approximately 90,716 square feet of gross area located on the Land; Land: the real estate described in Exhibit A to the Mortgage; Lender: The Farmers and Mechanics Savings Bank of Minneapolis, in Minneapolis, Minnesota, its successors and assigns; Loan Agreement: the Loan Agreement to be executed by the City and the Company; Mortgage: the Combination Mortgage and Security Agreement, to be given by the Company in favor of the Lender; Note: the $1,170,000 Industrial Development Revenue Note (Keelor Steel, Inc. Project), Series A, to be issued by the City pursuant to this Resolution; Pledge Agreement: the Pledge Agreement to be executed by the City and the Lender; Pro~ect: the Land, the Improvements and the Fixtures as they may at any time exist; Project Costs: those costs defined as such in Section 1.01 of the Loan Agreement; Resolution: this resolution of the City, adopted October , 1979, authorizing the issuance of the Note. Section 2. Findings. It is hereby found and declared that: (a) the real property and improvements described in the Loan Agreement and the Mortgage constitute a Project authorized by the Act; (b) the purpose of the Project is, and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce so as to prevent the emergence, so far as possible, of blighted and marginal lands and areas of chronic unemployment; the retention of industry to use the available resources of the community, to retain the benefit of its existing investment in educational and public service facilities; to prevent the movement of talented, educated personnel of mature age to other areas, thus preserving the economic and human resources needed as a base for pro- viding governmental services and facilities; (c) the Project has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act; -2- (d) the financing of the acquisition of the Project, the issuance and sale of the Note, the execution and delivery of the Loan Agreement, the Financing Statement and the Pledge Agreement and the performance of all covenants and agreements of the City contained in the Loan Agreement and the Pledge Agreement and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Note, the Loan Agreement, the Financing Statement and the Pledge Agreement valid and binding obligations of the City enforceable in accordance with their terms, are authorized by the Act; (e) it is desirable that the Industrial Development Revenue Note in the amount of up to $1,170,000 be issued by the City upon the terms set forth herein, and that the City assign its interest in the Loan Agreement and grant a security interest therein to the Lender as security for the payment of the principal of, interest on and premium and late charges, if any, on the Note; (f) the loan payments contained in the Loan Agreement are fixed, and required to be revised from time to time as necessary, so as to produce income and revenue sufficient to provide for prompt payment of principal of, premium and late charges, if any, and interest on the Note issued under this Resolution when due, and the Loan Agreement also provides that the Company is required to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate insurance thereon and all taxes and special assessments levied upon or with respect to the Project payble during the term of the Loan Agreement; and (g) under the provisions of Minnesota Statutes, Section 474.10, and as to be provided in the Note, the Note is not to be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof; the City is not subject to any liability thereon; no Holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest or premium or late charges, if any, thereon, nor enforce payment thereof against any property of the City except the revenue under the Loan Agreement pledged to the payment thereof; the Note issued hereunder shall recite that the Note, including interest and premium and late charges, if -3- any, thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment thereof; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; provided, however, that nothing contained in this paragraph (g) shall impair the rights of the Holder or Holders of the Note to enforce covenants made for the secruity thereof as provided in Minnesota Statutes, Section 474. Section 3. Authorization and Sale 3.01. Authorization. The City is authorized by the Act to issue revenue bond, and loan the proceeds thereof to business enterprises to finance the acquisition and construction of "projects" as defined in the Act, and to make all contracts, execute all instruments and do all things necessary or convenient in the exercise of such authority. 3.02. Preliminary City Approval. By preliminary resolution duly adopted by the Council on May 29,1979, this Council gave preliminary approval to the sale of its revenue bonds pursuant to the Act and the loan of the proceeds to the Company for the acquisition and improvement of the Project suitable for use as a Metal distribution facility and authorized the preparation of such documents as may be appropriate to the Project. 3.03. Approval of Documents. Pursuant to the above, there have been prepared and presented to this Council copies of the following documents, all of which are now, or shall be, placed on file in the office of the City Clerk-Treasurer: (a) the Loan Agreement; (b) the Assignment; (c) the Pledge Agreement; (d) the Mortgage; and (e) the Financing statement. The forms of the documents listed in (a) through (e) above are approved, with such variations, insertions and additions as are deemed appropriate by the parties and approved by the City Attorney. -4- Section 4. Execution of Documents. Upon the completion of the Loan Agreement, the Financing Statement and the Pledge Agreement, approved in Section 3.03 hereof, and execution of the Loan Agreement and Pledge Agreement by the Company and the Lender, as the case may be, the Mayor and the City Manager shall execute the same on behalf of the City and shall execute the Note in substantially the form as the Form of Note set forth following Section 5.01 hereof on behalf of the City, and shall execute such other certifications, documents or instruments as bond counsel or counsel for the Lender shall require, subject to the approval of the City Attorney, and all certifications, recitals and representations therein shall constitute the certificates, recitals and representations of the City. Execution of any instrument of document by one or more appropriate officers of the City shall constitute and be deemed the conclusive evidence of the approval and authorization by the City and the Council of the instrument or document so executed. In the absence or disability of the Mayor, any of the documents authorized by this resolution to be executed, shall be executed by the acting Mayor, and in the absence of the City Manager by such officer of the City who, in the opinion of the City Attorney, may execute such documents. Section 5. The Note. 5.01. Form and Authorized Amount. The Note shall be issued substantially in the form hereinafter set forth, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions of this Section, in the total principal amount of up to $1,170,000. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE ~ Industrial Development Revenue Note (Keelor Steel, Inc. Project) SERIES A R-1 $1,170,000 The City of.New Hope, Minnesota, a municipal corporation of the State of Minnesota (the City), for -5- value received, hereby promises to pay to the order of THE FARMERS AND MECHANICS SAVINGS BANK OF MINNEAPOLIS, or assigns (the Holder), at its principal office in Minneapolis, Minnesota, or at such other place as the Holder may designate in writing, from the source and in the manner, and with interest thereon as hereinafter provided, the principal sum of ONE MILLION ONE HUNDRED SEVENTY THOUSAND DOLLARS ($1,170,000), or so much thereof as has been advanced from time to time pursuant to the provisions of the Loan Agreement described below, with interest on the unpaid principal amount, from the date hereof until this Note is fully paid, at the rate of eight and five-eighths percent (8-5/8%) per annum, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America. This Note is payable in installments due on the first day of each month as follows: (a) on November 1, 1979, an amount equal to the interest accrued to that date on the outstanding principal of this Note; and (b) commencing on December 1, 1979 and on the first day of each month thereafter to and including November 1, 2004, in equal monthly installments of Nine Thousand Five Hundred Twenty-Six Dollars ($9526) each. [All payments to be applied first to late charges and then to interest and then to principal.] All interest hereon shall be computed on the assumptions that each month contains thirty (30) days and each year three hundred sixty ~360) days, except that prior to November 1,1979, the payment required hereunder shall be made on the basis of actual days elapsed in a three hundred sixty (360) day year. Notwithstanding the foregoing, in the event that the interest on this Note becomes subject to federal income taxation pursuant to a Determination of Taxability as defined in the Loan Agreement of even date herewith (the Loan Agreement) relating to the Note between the City and Keelor Steel, Inc. (the Company), the interest rate on this Note shall be increased to ten and three-quarters percent (10-3/4%) per annum from the Date of Taxability as defined in the Loan Agreement, in which case the monthly installment payments hereunder from and after such Date of Taxability shall be computed at such increased rate and the City shall pay to the Holder of this Note and to any prior Holder the aggregate difference between (A) the -6- amounts actually paid between the Date of Taxability and the date of such payment and (B) the amounts that would have been paid to the Holder and any prior Holder during such period at such increased interest rate. In the event the City shall fail to make when due any interest payments or principal and interest payments required under this Note, the interest payment or principal and interest payment so in default shall continue as an obligation of the City until the interest payment or principal and interest payment in default shall have been fully paid, and, if such interest payment or principal and interest payment should be so in default for fifteen (15) days the City agrees to pay, as a late charge, an additional amount equal to two percent (2%) of the amount so in default. Such late charges shall be payable upon demand. Except as otherwise provided in the Mortgage, the principal of this Note is not subject to prepayment prior to the expiration of the tenth loan year. From and after the expiration of the tenth loan year, the principal of this Note may be prepaid at any time, either in whole or in part, on any monthly installment payment date upon payment of a price equal to the principal being so prepaid plus accrued interest to the date of prepayment and subject to a premium expressed as a percentage of the principal being sd prepaid as follows: Loan Year Premium llth 5% 12th 4% 13th 3% 14th 2% 15th and thereafter 1% The first loan year is defined as the twelve-month (12) period commencing December 1, 1979. Subsequent loan years shall run consecutively, each commencing upon the anniverary of the commencement of the first loan year. Any prepayments shall be made on at least thirty (30) days' advance written notice to the Holder of this Note and shall not suspend or reduce required installment payments. All prepayments, after deduction of accrued interest and prepayment premium, shall be applied to reduce the principal portion of the installments due under this Note in inverse order of their maturity. -7- The Holder hereof shall have'the right to declare due and payable and require the full and prompt payment of the principal amount then outstanding on the Note with interest accrued thereon without presentment, demand or notice of any kind if the Mortgaged Property (as defined in the Mortgage) or any part thereof is sold, conveyed or transferred without the prior written consent of the Holder. In the event the Holder exercises this right, payment by the City shall be subject to a prepayment premium which shall be 5% of the principal amount prepaid during the first ten loan years and thereafter shall be the percentage hereinbefore specified. The Holder hereof shall have the right to declare due and payable and require the full and prompt payment of the principal amount then outstanding on this Note with interest thereon to the date of payment at the end of the fifteenth loan year. In the event the Holder exercises this right, the payment by the City shall not be subject to any prepayment premium or penalty. In the event the Holder shall elect to exercise this right, it shall provide written notice thereof to the City and the Company, in the manner and at the addresses provided in the Loan Agreement, not less than six months prior to the date the principal amount with interest thereon is due and payable to such declaration. This Note constitutes an issue in the total authorized face amount of $1,170,000. This Note is issued by the City pursuant to the authority granted by Minnesota Statutes, Chapter 474, as amended (the Act), for the purpose of providing funds for a Project, as defined in Minnesota Statutes, Section 474.02, Subdivision 1, consisting of certain real estate and improvements thereon, and paying necessary expenses incidental thereto, such funds to be loaned by the City to the Company pursuant to a Resolution adopted by the City on October , 1979 (the Resolution) and the Loan Agreement, thereby assisting activities in the public interest and for the public welfare of the City. This Note is secured by an Agreement of even date herewith (the Pledge Agreement) between the City and the Holder, a Combination Mortgage and Security of even date herewith (the Mortgage) given by the Company in favor of the Holder and an Assignment of Rents and Leases of even date herewith (the Assignment) given by the Company in favor of the Holder. As provided in the Resolution, the City will cause to be kept at the office of the City Clerk-Treasurer a Note Register in which, subject to such reasonable -8- regulations as it may prescribe, the City shall provide for the registration or transfer of ownership of this Note. This Note is transferable upon the books of the City at the office of the City Clerk-Treasurer, by the Holder hereof in person or by its attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk-Treasurer, duly executed by the Holder or its duly authorized attorney. Upon such transfer the City Clerk-Treasurer will note the date of registration and the name and address of the new Holder upon the books of the City and in the registration blank appearing below. Alternatively, the City will at the request of the Holder issue new notes in an aggregate principal amount equal to the unpaid principal balance of this Note, and of like tenor except as to number, principal amount and the amount of the monthly installments payable thereunder, and registered in the name of the registered Holder or such transferee as may be designated by the Holder. The City may deem and treat the person in whose name this Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance, redemption price, late charges or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Loan Agreement and the Pledge Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. If the City should fail to make any monthly installment of interest or principal and interest when due, which failure shall continue for five (5) days, or if an Event of Default occurs under the Loan Agreement, the Mortgage or the Assignment, then the Holder may at its right and option, by written notice to the City and the Company, declare immediately due and payable the principal balance of this Note and interest accrued thereon to the date of declaration of such default, together with any attorney's fees incurred by the Holder in collecting or enforcing payment of interest or principal of this Note, without notice to or consent of any party. -9- This Note shall not be payable from nor charged upon any funds of the City Other than the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No Holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest or any late charges or premium thereon, nor to enforce payment thereof against any property of the City except the Project, or portions thereof, mortgaged or other wise encumbered by the Mortgage and the Assignment. This Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the revenues to be derived from the Loan Agreement. This Note, including interest and any premium or late charges thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment thereon. This Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. However, nothing contained in this paragraph shall impair the rights of the Holder of this Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474.11. The Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City has caused this Note to be duly executed by its duly authorized officers and its corporate seal affixed all as of the day of October, 1979. CITY OF NEW HOPE By Mayor -10- (SEAL) Attest: City Manager -11- PROVISIONs AS TO REGISTRATION The ownership of the unpaid principal balance of this Note and the interest accruing thereon is registered on the books of the City of New Hope in the name of the registered holder last noted below. Date of Name and Address of Signature of Registration Registered Holder City Clerk-Treasurer -12- 5.02. Note Terms. The Note shall be designated the Industrial Development Revenue Note (Keelor Steel, Inc. Project), Series A, and shall: (a) be dated as of the date of delivery thereof to the Lender; (b) be in the total principal amount of $1,170,000 or such lesser amount as may from time to time be advanced under the Loan Agreement; (c) bear interest on the unpaid principal balance advanced from time to time from date of issue until paid or discharged as herein provided at the rate of eight and five-eighths (8-5/8%) per annum, except that in the event the interest on the Note becomes subject to federal or state income taxation pursuant to a "Determination of Taxability" as defined in the Loan Agreement, the interest rate on the Note shall be increased to ten and three-quarters percent (10-3/4%) per annum from the Date of Taxability, as defined in the Loan Agreement; (d) be payable in installments on the first day of each month as follows: (1) on November 1, 1979, an amount equal to interest accrued to that date on the principal balance of the Note; (2) commencing on December 1, 1979 and the first day of each month thereafter to and including November 1, 2004, in equal monthly installments of Nine Thousand Five Hundred Twenty-Six Dollars ($9,526) each. [All pay- ments to be applied first to late charges and then to interest and then to principal.] (e) be payable as to both principal and interest to the registered Holder thereof at the principal office of the Holder for the account of the City; (f) be subject to t~e rights of the Holder to call the Note for prepayment upon the occurrence of certain events, as set forth in the Form of Note contained in Section 5.01 hereof; (g) be subject to prepayment at the times, upon the conditions and at. the prices as provided -13- in the Form of Note contained in Section 5.01 hereof; (h) be subject to late charges of 2% upon any interest or principal and interest installment remaining unpaid for 15 days. 5.03 Execution. The Note shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, and shall be sealed with its corporate seal. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. 5.04. Mutilated, Lost and Destroyed Note. In case the Note shall become mutilated or be destroyed or lost, the City shall cause to be executed and delivered a duplicate Note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon compliance with all of the provisions of all applicable laws and the Holder's paying the reasonable expenses and charges of the City in connection with the issuance of the duplicate Note, and in case the Note is destroyed or lost, compliance with Minnesota Statutes Section 475.70 and its filing with the City of such evidence as is satisfactory to the City. 5.05. Registration of Transfer.. The City will cause to be kept at the office of the City Clerk-Treasurer a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration or transfer of ownership of the Note. The Note shall be transferable upon the books of the City by the Holder thereof in'person or by its attorney duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Clerk-Treasurer, duly executed by the Holder or its duly authorized attorney. Upon such transfer the City Clerk-Treasurer shall note the date of registration and the name and address of th new Holder on the books of the City and in the registration blank appearing on the Note. Alternatively, the City shall, at the request and expense of the Holder, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount and the amount of the monthly installments payable thereunder, and registered in the name of the Holder or such transferee as may be designated -14 - by the Holder. The City may deem and treat the person in whose name each Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner thereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance, prepayment price or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 5.06. Delivery and Use of Proceeds. Prior to delivery of the Note, the documents referred to below shall be completed and executed in form and substance as approved by the City Attorney. The City shall execute and deliver to the Lender the Note in the total principal amount of up to $1,170,000, together with the following: (a) a duly certified copy of this Resolution; (b) original, executed counterparts of the Loan Agreement, Financing Statement and the Pledge Agreement; and (c) such closing certificates, opinions and related documents as are required by bond counsel. Upon delivery of the Note and the above items to the Lender, the Lender shall, on behalf of the City, disburse to the Company the proceeds of the Note in reimbursement of Project Costs pursuant to the provisions of the Loan Agreement, and the proceeds so disbursed shall be deemed to have been disbursed for the benefit of the City. The Lender and the Company shall provide the City with a full accounting of all funds disbursed for Project Costs. 5.07. Statement of Election. The principal amount of the Note being in excess of $1,000,000, the Mayor and City Manager are hereby authorized and directed on behalf of the City to execute and file with the Internal Revenue Service a statement of election to issue its obligations in excess of $1,006,000 as provided by Section 103(b) (6) (D) of the Internal Revenue Code of 1954, as amended, and Section 1.103-10(b) (2) (vi) of the Regulations promulgated thereunder. Section 6. Limitations of the City's Obligations. Notwithstanding anything contained in the Note, the Loan Agreement, the Pledge Agreement, or any other documents referred to in Section 3.03, the Note shall not be payable from nor charged upon any funds of -15- the City other than the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No Holder or Holders of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest or any premium or late charges thereon, nor to enforce payment thereof against any property of the City. The Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City. The Note, including interest, premium and late charges, if any, thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment therof. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. However, nothing contained in this Section 6 shall impair the rights of the Holder or Holders of the Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474.11. Section 7. Registration and Certification of Proceedings. 7.01 Registration. The City Clerk-.Treasurer is hereby authorized and directed to file a certified copy of this resolution with the County Finance Director of Hennepin County, together with such other information as he shall require, and to obtain from the County Finance Director a certificate that the Note has been entered in each of their bond registers as required by law. 7.02. Certification of Proceedings. The officers of the City and the County Finance Director of Hennepin County are directed to prepare and furnish to the Lender, and to the attorneys rendering an opinion as to the legality of the issuance of the Note, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality of the Note as the same appears from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representatives of the City as to the facts stated therein. Adopted: 0ctob~ 2.2 ~9. E~. Erickson, Mayor Attest: ~~~'~~ Betty Po-~City Clerk-Treasurer -16- The motion for the ~adoption of the foregoing resolution was duly seconded by Member Plufka , and upon vote being taken thereon, the following voted in favor thereof: Erickson~ Enck: Hokr~ Otten~ Plufka and the following voted against the same: None whereupon said resolution was declared duly passed and adopted and was signed by the Mayor and attested by the City Clerk-Treasurer. -17- Member Enck introduced the followin9 resolution and moved 'its adopEion: RESOLUTION RET,ATING TO A $230,000 INDUSTRIAL DEVELOPMENT REVENUE NOTE (KEELOR STEEL, INC. PROJECT) SERIES B; AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 BE IT RESOLVED by the City Council of the City of New Hope, Minnesota as follows: Section 1. Definitions 1.01. In this Resolution the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof or use herein clearly requires otherwise: Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; City: the City of New Hope, Minnesota, its successors and assigns; Company: Keelor Steel, Inc., a Minnesota Corporation, its successors and assigns; Escrow Agreement: the Escrow Agreement, by and among the City, the Lender, the Company and the Escrow Holder; Escrow Holder: Marquette National Bank, in Minneapolis, Minnesota, a national banking association, its successors and assigns; Expansion: the remodeling, renovation and expansion to be constructed to the Improvements in accordance with the Plans and Specifications, together With items of machinery, equipment and other personal property to be purchased with the proceeds of the Note to be installed in the Improvements or elsewhere on the Land; Financing Statement: the~ Uniform Commercial Code Financing Statement to be executed by the City with respect to the Pledge Agreement; Fixtures: those items defined as such in Section 1-1 of the Mortgage; Improvements: an office/industrial building containing approximately 90,716 square feet of gross area located on the Land; Land: the real estate described in Exhibit A to the Security Agreement; Lender: Stuart MacPhail, his successors and assigns; Loan Agreement: the Loan Agreement with respect to the Note to be executed by the City and the Company; Mortgage: the Combination Mortgage and Security Agreement, to be given by the Company in favor of The Farmers and Mechanics Savings Bank as security for the payment of the principal of, interest on, and premium and late charges, if any, on the Series A Note; Note: the $230,000 Industrial Development Revenue Note (Keelor Steel, Inc. Project), Series B, to be issued by the City pursuant to this Resolution; Note PU.rchase Agreement: the Note Purchase Agreement to be executed by the City, the Lender and the Company; Plans and Specifications: the plans and specifications for the construction of the Expansion, together with such modifications threof and additions thereto as are reasonably determined by the Company to be necessary or desirable and conform to the policies and purposes of the Act; Pledge Agreement: the Pledge Agreement to be executed by the City and the Lender; Project: the Land, the Expansion, the Improvements and the Fixtures as they may at any time exist; Project Costs: those costs defined as such in Section 1.01 of the Loan Agreement; Resolution: this resolution of the City, adopted October , 1979, authorizing the issuance of the Note; -2- Security Agreement: the Security Agreement, to be given by the Company in favor of the Lender; and Series A Note: the $1,170,000 Industrial Development Revenue Note (Keelor Steel, Inc. Project), Series A, to be issued by the City to finance a portion of the cost of the acquisition of the Project. Section 2. Findings. It is hereby found and declared that: (a) the real property and improvements described in the Loan Agreement and the Security Agreement constitute a Project authorized by the Act; (b) the purpose of the Project is, and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce so as to prevent the emergence, so far as possible, of blighted and marginal lands and areas of chronic unemployment; the retention of industry to use the available resources of the community, to retain the benefit of its existing investment in educational and public service facilities; to prevent the movement of talented, educated personnel of mature age to other areas, thus preserving the economic and human resources needed as a base for provid- ing governmental services and facilities; (c) the Project has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act; (d) the financing of the acquisition, construction and equipping of the Expansion, the issuance and sale of the Note, the execution and delivery of the Loan Agreement, the Financing Statement, the Note Purchase Agreement, the Escrow Agreement and the Pledge Agreement and the performance of all covenants and agreements of the City contained in the Loan Agreement, the Note Purchase Agreement, the Escrow Agreement and the Pledge Agreement and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Note, the Loan Agreement, the Financing Statement, the Note Purchase Agreement, the Escrow Agreement and the Pledge Agreement valid and binding obligations of the City enforceable in accordance with their terms, are authorized by the Act; -3- (e) it is desirable that the Industrial Development Revenue Note in the amount of up to $230,000 be issued by the City upon the terms set forth herein to finance the Expansion, and that the City assign~ its interest in the Loan Agreement and grant a security interest therein to the Lender as security for the payment of the principal of, interest on and premium and late charges, if any, on the Note; (f) the loan payments contained in the Loan Agreement are fixed, and required to be revised from time to time as necessary, so as to produce income and revenue sufficient to provide for prompt payment of principal of, premium and late charges, if any, and interest on the Note issued under this Resolution when due, and the Loan Agreement also provides that the Company is required to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate insurance thereon and all taxes and special assessments levied upon or with respect to the Project payble during the term of the Loan Agreement; (g) under the provisions of Minnesota Statutes, Section 474.10, and as to be provided in the Note, the Note is not to be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof; the City is not subject to any liability thereon; no Holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest or premium or late charges, if any, thereon, nor enforce payment thereof against any property of the City except the revenue under the Loan Agreement pledged to the payment thereof; the Note issued hereunder shall recite that the Note, including interest and premium and late charges, if any, thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment thereof; and the Note shall not constitute a debt of the City Within the meaning of any constitutional or statutory limitation; provided, however, that nothing contained in this paragraph (g) shall impair the rights of the Holder or Holders of the Note to enforce covenants made for the secruity thereof as provided in Minnesota Statutes, Section 474; and (h) based upon representations made to the City Council by the Lender, the Lender is purchasing the Note for investment. -4- Section 3. Authorization and Sale 3.01. Authorization. The City is authorized by the Act to issue revenue bond, and loan the proceeds thereof to business enterprises to finance the acquisition and construction of "projects" as defined in the Act, and to make all contracts, execute all instruments and do all things necessary or convenient in the exercise of such authority. 3.02. Preliminary City Approval. By preliminary resolution duly adopted by the Council on May 29,1979, this Council gave preliminary approval to the sale of its revenue bonds pursuant to the Act and the loan of the proceeds to the Company for the acquisition of the Land, the Fixtures and the Improvements and the acquisition, construction and equipping of the Expansion suitable for use as a metal distribution facility and authorized the preparation of such documents as may be appropriate to the Project. 3.03. .Approval of Documents. Pursuant to the above, there have been prepared and presented to this Council copies of the following documents, all of which are now, or shall be, placed on file in the office of the City Clerk-Treasurer: (a) the Loan Agreement; (b) the Note Purchase Agreement; (c) the Escrow Agreement; (d) the Pledge Agreement; (e) the Security Agreement; and (f) the Financing Statement. The forms of the documents listed in (a) through (f) above are approved, with such variations, insertions and additions as are deemed appropriate by the parties and approved by the City Attorney. Section 4. Execution of Documents. Upon the completion of the Loan Agreement, the Note Purchase Agreement, the Escrow Agreement, the Financing Statement and the Pledge Agreement, approved in Section 3.03 hereof, and execution of the Loan Agreement, the Note Purchase Agreement, the Escrow Agreement and the Pledge Agreement -5- by the Company, the Lender and the Escrow Holder, as the case may be, the Mayor and the City Manager shall execute the same on behalf of the City and shall execute the Note in substantially the form as the Form of Note set forth following Section 5.01 hereof on behalf of the City, and shall execute such other certifications, documents or instruments as bond counsel or counsel for the Lender shall require, subject to the approval of the City Attorney, and all certifications, recitals and representations therein shall constitute the certificates, recitals and representations of the City. Execution of any instrument of document by one or more appropriate officers of the City shall constitute and be deemed the conclusive evidence of the approval and authorization by' the City and the Council of the instrument or document so executed. In the absence or disability of the Mayor, any of the documents authorized by this resolution to be executed, shall be executed by the acting Mayor, and in the absence of the City Manager by such officer of the City who, in the opinion of the City Attorney, may execute such documents. Section 5. The Note. 5.01. Form and Authorized Amount. The Note shall be issued substantially in the form hereinafter set forth, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions of this Section, in the total principal amount of up to $230,000. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE Industrial Development Revenue Note (Keelor Steel, Inc. Project) SERIES B R-1 $230,000 The City of New Hope, Minnesota, a municipal corporation of the State of Minnesota (the City), for value received, hereby promises to pay to the order of STUART MacPHAIL, or assigns (the Holder), at 951 Northwestern Bank Building, Minneapolis, Minnesota 55402 or at such other place as the Holder may designate in -6- S/B writing, from the source and in the manner, and with interest thereon as hereinafter provided, the principal sum of TWO HUNDRED THIRTY THOUSAND DOLLARS ($230,000), or so much thereof as has been advanced from time to time pursuant to the provisions of the Loan Agreement described below, with interest on the unpaid principal amount, from the date hereof until this Note is fully paid, at the rate of eight and five-eighths percent (8-5/8%) per annum, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America. This Note is payable in installments due as follows: (a) on January 15, 1980, an amount equal to the interest accrued to December 15, 1979 on the outstanding principal of this Note; and (b) commencing on January 15, 1980 and quarterly thereafter up to and including October 15, 1986, in equal quarterly installments of and /100th Dollars ($ ) each. [All payments to be applied first to late charges and then to interest and then to principal.] All interest hereon shall be computed on the assumptions that each month contains thirty (30) days and each year three hundred sixty (360) days, except that the payment required under (a) above shall be made on the basis of actual days elapsed in a three hundred sixty (360) day year. Notwithstanding the foregoing, in the event that the interest on this Note becomes subject to federal income taxation pursuant to a Determination of Taxability as defined in the Loan Agreement of even date herewith (the Loan Agreement) between the City and Keelor Steel, Inc. (the Company) relating to this Note, the interest rate on this Note shall be increased to ten and three-quarters percent (10-3/4%) per annum from the Date of Taxability as defined in the Loan Agreement, in which case 'the monthly installment payments hereunder from and after such Date of Taxability shall be computed at such increased rate and the City shall pay to the Holder of this Note and to any prior Holder the aggregate difference between (A) the amounts actually paid between the Date of Taxability and the date of such payment and (B) the amounts that would have been paid to the Holder and any prior Holder during such period at such increased interest rate. -7- In the event the City shall fail to make when due any interest payments or principal and interest payments required under this Note, the interest payment or principal and interest payment so in default shall continue as an obligation of the City until the interest payment or principal and interest payment in default shall have been fully paid, and, if such interest payment or principal and interest payment should be so in default for fifteen (15) days the City agrees to pay, as a late charge, an additional amount equal to two percent (2%) of the amount so in default. Such late charges shall be payable upon demand. The principal of this Note may be prepaid either in whole or in part, on any date upon at least thirty (30) days advance written notice to the Holder of this Note, upon payment of a price equal to the principal being so prepaid plus accrued interest to the date of prepayment. Any prepayment shall not suspend or reduce required installment payments and shall be applied, after deduction of accrued interest, to reduce the principal balance of this Note. This Note constitutes an issue in the total authorized face amount of $230,000. This Note is issued by the City pursuant to the authority granted by Minnesota Statutes, Chapter 474, as amended (the Act), for the purpose of providing funds for a Project, as defined in Minnesota Statutes, Section 474.02, Subdivision 1, consisting of certain real estate and improvements thereon, and paying necessary expenses incidental thereto, such funds to be loaned by the City to the Company pursuant to a Resolution adopted by the City on October , 1979 (the Resolution), the Loan Agreement and an Escrow Agreement of even date herewith (the Escrow Agreement), by and among the City, the Holder, the Company and Marquette National Bank in Minneapolis, Minnesota, as Escrow Holder, thereby assisting activities in the public interest and for the public welfare of the City. This Note is secured by an Agreement of even date herewith (the Pledge Agreement) between the City and the Holder, and a Security Agreement of even date herewith (the Security Agreement) given by the Company in favor of the Holder. As provided in the Resolution, the City will cause to be kept at the office of the City Clerk-Treasurer a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration or transfer of ownership of this Note. This Note is transferable upon the books of the -8- City at the office of the City Clerk-Treasurer, by the Holder hereof in person or by its attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk-Treasurer, duly executed by the Holder or its duly authorized attorney. Upon such transfer the City Clerk-Treasurer will note the date of registration and the name and address of the new Holder upon the books of the City and in the registration blank appearing below. Alternatively, the City will at the request of the Holder issue new notes in an aggregate principal amount equal to the unpaid principal balance of this Note, and of like tenor except as to number, principal amount and the amount of the monthly installments payable thereunder, and registered in the name of the registered Holder or such transferee as may be designated by the Holder. The City may deem and treat the person in whose name this Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance, redemption price, late charges or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Loan Agreement~ the Escrow Agreement and the Pledge Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. If the City should fail to make any monthly installment of interest or principal and interest when due, which failure shall continue for five (5) days, or if an Event of Default occurs under the Loan Agreement or Security Agreement then the Holder may at its right and option, by written notice to the City and the Company, declare immediately due and payable the principal balance of this Note and interest accrued thereon to the date of declaration of such default, together with any attorney's fees incurred by the Holder in collecting or enforcing payment of interest or principal of this Note, without notice to or consent of any party. This Note shall not be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No -9- Holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest or any late charges or premium thereon, nor to enforce payment thereof against any property of the City except the Project, or portions thereof, mortgaged or otherwise encumbered by the Security Agreement. This Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the revenues to be derived from the Loan Agreement. This Note, including interest and any premium or late charges thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment thereon. This Note shall not constitute a debt of the city within the meaning of any constitutional or statutory limitation. However, nothing contained in this paragraph shall impair the rights of the Holder of this Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474.11o The Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City has caused this Note to be duly executed by its duly authorized officers and its corporate seal affixed all as of the day of October, 1979. CITY OF NEW HOPE By Mayo r (SEAL) Attest: City Manager -10 - PROVISIONS AS TO REGISTRATION The ownership of the unpaid principal balance of this Note and the interest accruing thereon is registered on the books of the City of New Hope in the name of the registered holder last noted below. Date of Name and Address of Signature of Registration Registered Holder City Clerk-Treasurer -11- 5.02. Note Terms. The Note shall be designated the Industrial Developm.ent Revenue Note (Keelor Steel, Inc. Project), Series B, and shall: (a) be dated as of the date of delivery thereof to the Lender; (b) be in the total principal amount of $230,000 or such lesser amount as may from time to time be advanced under the Loan Agreement; (c) bear interest on the unpaid principal balance advanced from time to time from date of issue until paid or discharged as herein provided at the rate of eight and five-eighths (8-5/8%) per annum, except that in the event the interest on the Note becomes subject to federal or state income taxation pursuant to a "Determination of Taxability" as defined in the Loan Agreement, the interest rate on the Note shall be increased to ten and three-quarters percent (10-3/4%) per annum from the Date of Taxability, as defined in the Loan Agreement. (d) be payable in installments of principal due as follows: (1) on January 15, 1980, an amount equal to interest accrued to December 15, 1979 on the principal balance of the Note; (2) commencing on January 15, 1980 and quarterly thereafter to and including October 15, 1986 in equal quarterly installments of and /100ths Dollars ($ ) each. [All payments to be applied first to late charges and then to interest and then to principal.] (e) be payable as to both principal and interest to the registered Holder thereof at 951 Northwestern Bank Building, Minneapolis, Minnesota 55402 for the account of the City; (f) be subject to prepayment either in whole or in part, on any date upon at least thirty (30) days advance written notice to the Holder at a price of the principal amount being so prepaid plus accrued interest; -12- (g) be subject to late charges of 2% upon any interest or principal and interest installment remaining unpaid .for 15 days. 5.03 Execution. The Note shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, and shall be sealed with its corporate seal. In case any officer whose signature shall appear on the Note shall cease to .be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. 5.04. Mutilated, Lost and Destroyed Note. In case the Note shall become mutilated or be destroyed or lost, the City shall cause to be executed and delivered a duplicate Note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon compliance with the provisions of all applicable laws and the Holder's paying the reasonable expenses and charges of the City in connection with the issuance of the duplicate note, and in case the Note is destroyed or lost, compliance with Minnesota Statutes, Section 475.70 and its filing with the City of such evidence as is satisfactory to the City. 5.05. Registration of Transfer. The City will cause to be kept at the office of the City Clerk-Treasurer a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration or transfer of ownership of the Note. The Note shall be transferable upon the books of the City by the Holder thereof in person or by its attorney duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Clerk-Treasurer, duly executed by the Holder or its duly authorized attorney. Upon such transfer the City Clerk-Treasurer shall note the date of registration and the name and address of th new Holder on the books of the City and in the registration blank appearing on the Note. Alternatively, the City shall, at the request and expense of the Holder, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount and the amount of the monthly installments payable thereunder, and registered in the name of the Holder or such transferee as may be designated by the Holder. The City may deem and treat the person in whose name each Note is last registered upon the books of -13- the City with such registration noted on the Note as the absolute owner thereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance, prepayment price or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 5.06. Delivery and Use of Proceeds. Prior to delivery of the Note, the documents referred to below shall be completed and executed in form and substance as approved by the City Attorney. The City shall execute and deliver to the Lender the Note in the total principal amount of up to $230,000, together with the following: (a) a duly certified copy of this Resolution; (b) original, executed counterparts of the Loan Agreement, Financing Statement, Note Purchase Agreement, Escrow Agreement and the Pledge Agreement; and (c) such closing certificates, opinions and related documents as are required by bond counsel. Upon delivery of the Note and the above items to the Lender and the purchase of the Note by the Lender, the Escrow Holder shall, on behalf of the City, disburse to the Company the proceeds of the Note in reimbursement of Project Costs pursuant to the provisions of the Loan Agreement and the Escrow Agreement, and the proceeds so disbursed shall be deemed to have been disbursed for the benefit of the City. The Lender and the Company shall provide the City with a full accounting of all funds disbursed for Project Costs. Section 6. Limitations of the City's Obligations. Notwithstanding anything contained in the Note, the Loan Agreement, the Pledge Agreement, or any other documents referred to in Section 3.03, the Note shall not be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No Holder or Holders of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest or any premium or late charges thereon, nor to enforce payment thereof against any property of the City. -14 - The Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any.property of the City. The Note, including interest, premium and late charges, if any, thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment therof. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. However, nothing contained in this Section 6 shall impair the rights of the Holder or Holders of the Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474.11. Section 7. Registration and Certification of Proceedings. 7.01 Registration. The City Clerk-Treasurer is hereby authorized and directed to file a certified copy of this resolution with the County Finance Director of Hennepin County, together with such other information as he shall require, and to obtain from the County Finance Director a certificate that the Note has been entered in each of their bond registers as required by law. 7.02. Certification of Proceedinqs. The officers of the City and the County Finance Director of Hennepin County are directed to prepare and furnish to the Lender, and to the attorneys rendering an opinion as to the legality of the issuance of the Note, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality of the Note as the same appears from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representatives of the City as to the facts stated therein. Adopted: 0ctobe~ ~979.~ ~ ~ ~--E~/~J,-Erickson, Mayor Attest: /~~~ . Betty Po~~/'City Clerk-Treasurer -15- The motion for the adoption of the foregoing resolution was duly seconded by Member Plufka , and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Hokr, Otten, Plufka and the following voted against the same: None whereupon said resolution was declared duly passed and adopted and was signed by the Mayor and attested by the City Clerk-Treasurer. -16 - RESOLUTION PROVIDING FOR PUBLIC HEARING FOR YEAR VI COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of New Hope and the County of Hennepin have entered into a Joint Cooperation Agreement, County Contract No. 90460 in connection with the Community Development Block Grant program.for Year VI (1980); and WHEREAS, public input is solicited on proposed project~ and activities to be funded for Year VI CDBG program. BE IT RESOLVED THAT the Council of the City of New Hope shall meet on November 13, 1979 at 7:00 p.m. for the purpose of holding a public hearing on proposed projects and activitie~ for funding under CDBG Year VI program, and The City Manager is hereby authorized and directed to publish notice of said public hearing. Passed by the New Hope City Council on October 22, 1979 Edward ~J~ Erickson, Mayor ATTEST Be~tty/~Pouliot, City Clerk-Treasurer RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS AS TO LOTS 1 AND 2, BLOCK 1, AS DEDICATED IN THE PLAT OF KING INDUSTRIAL PARK BE IT RESOLVED by the City Council of the City of New Hope, County of Hennepin, State of Minnesota, as follows: 1. Pursuant to duly posted and published notice in the New Hope- Plymouth Post, the official newspaper of the City, for two weeks heretofore, hearing was held by this Council on the 12th day of Febr~lar¥ , 1979 pertaining to the petition of Peter J. King and Joy Lee King, the fee owners, for the proposed vacation of the following utility and drainage easements in King Industrial Park in the said City of New Hope, County of Hennepin, State of Minnesota: A public easement for utility and drainage purposes, the center line of which is described as the North line of Lot 1, Block 1, King Industrial Park, according to the duly recorded plat thereof. 2. After affording an opportunity to be heard to all persons who cared to be heard as to the said proposed vacation of said utility and drainage easements, this Council finds and determines that it appears in the best in- terest of the public to vacate the said utility and drainage easements and they are hereby declared to be vacated, pursuant to Minnesota Statutes § 412.851 and § 462.358, Subd.~/-.-- 3. The Clerk-Treasurer is hereby directed to present to the proper officers of Hennepin County, Minnesota, Notice of Completion of said Vacation Proceedings in accordance with § 117.19 of Minnesota Statutes. Dated this 22 day of October , 1979 /~ ~ . ~E/~w. J. Erickson, Mayor Attest: ~e~ ~Po~tfliot, Clerk-Treasurer NOTICE OF HEARING ON VACATION OF UTILITY A_ND DRAINAGE EASEMENTS AS TO LOTS 1 AND 2, BLOCK 1, AS DEDICATED IN THE PLAT OF KING INDUSTRIAL PARK City of New Hope, Minnesota NOTICE IS HEREBY GIVEN, That the Council of the City of New Hope, Minnesota will meet in the Council Chambers at the New Hope City Hall, 4401 Xylon Avenue North, in said City on the 12th day of February, 1979 at 7:00 o'clock p .m to hear, consider and pass upon all written or oral objections, if any, to the proposed vacating of the following drainage and utility ease- ments in King Industrial Park in the said City of New Hope, County of Hennepin, State of Minnesota: A public easement for utility and drainage purposes, the center line of which is described as the North line of Lot 1, Block 1, King Industrial Park, according to the duly 're.corded plat thereof. Ail persons desiring to be heard in connection with the consideration of the above-mentioned vacating of the said drainage and utility easements are hereby requested to be present at said meeting and to make their objections, if any, to the said vacating. BY ORDER OF THE CITY COUNCIL BETTY POULIOT, CITY CLERK-TREASURER Published in the New Hope-Plymouth Post on the 1st and 8th days of February, 1979. CERTIFICATION I, Betty Pouliot, being the duly appointed Clerk-Treasurer of the City of New Hope hereby certify that the above Resolution is a true and correct copy of a Resolution duly adopted by the City Council of the City of New Hope the ~22 .. day of October , 1979. ~asurer (Seal) RESOLUTION LIMITING ASSIGNABILITY OF CONTRACT FOR DEED BETWEEN ROSEWOOD CORPORATION AND CITY OF NEW HOPE BE IT RESOLVED by the City Council of the City of New Hope: 1. That the City of New Hope entered into a Contract for Deed dated October 4, 1979 between Rosewood Corporation, a Minnesota corporation, "vendor", and the City of New Hope, "vendee", the legal description to said premises being attached hereto as Exhibit "A"; 2. That the said Contract for Deed and its associated Exchange Agree- ment dated August 13, 1979 are concerned with the purchase of certain premises in Science Industry Center, and the turn-key construction thereof of a public works garage for the vendee; 3. That the vendor has assigned its interest to the First National Bank of St. Paul to obtain financing for the proposed municipal garage; 4. That the First National Bank of St. Paul has requested the City of New Hope to provide assurance that it will not assign its interest in the said Contract for Deed, but that if it does so assign, the entire unpaid balance shall become immediately due and payable in full; 5. That as an assignment of the said Contract for Deed to a non- governmental body would cause the payments made by the vendee, under said contract to the vendor to become taxable; 6. NOW, THEREFORE, the City of New Hope hereby covenants and warrants to the First National Bank of St. Paul that if it should assign its interest in the said Contract for Deed, any sums remaining payable under the said Contract for Deed shall become immediately due and payable and fully accelerated to the vendor of said Contract for Deed, or its assigns. Dated the 22nd day of October, 1979. / ~ / ~ Edw~riekson, MaYor Attest: 'B~ty ~o~t~ot, Clerk-Treasurer (Seal) EXHIBIT "A" That part of Lot~ 1, Block 2, lying'between the North line of'Lot 2, Block 3 extended East and a line drawn at right angles to the East line of said Lot 1, from a point therein distant 240 feet South of the Northeast corner of said Lot 1; West of the West line of the East 495 feet of the Southeast Quarter of the Southwest Quarter of Section 6, Township 118, Range 21 and East of the West 32 rods of the Southeast Quarter of the Southwest Quarter of said Section 6, all in SCIENCE INDUSTRY CENTER. (Abstract) That part of Lot 1, Block 2, lying West of the East line of the West 32 rods - of the Southeast Quarter of the Southwest Quarter of SectiOn 6, Township 118, Range 21, _except that part thereof lying North of a line drawn at right angles to the East line of said Lot 1, from a point therein distant 240 feet South of the Northeast corner of said Lot 1; That part of Lot 1, Block 2, lying between the North line of Lot 2, Block 3 extended East and a line drawn at right angles to the East line of said Lot 1, from a point therein distant 240 feet South of the Northeast corner of said Lot 1 and East of the West line of the East 495 feet of the Southeast Quarter of the Southwest Quarter in Section 6, Township. 118, Range 21; all in Science Industry Center~, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. (Torrens) STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of New Hope, Minnesota, hereby attest and certify that: (1) as such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcribed; (2) I have carefully compared said extract with said original record; (3) I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the City Council of said City held on the date indicated in said extract, including the Resolution Limiting Assign- ability of Contract for Deed Between Rosewood Corporation and City of New Hope; and (4) said meeting was duly held, pursuant to call and notice thereof as required by law. Witness my hand officially as such City Clerk-Treasurer, and seal of said City, this 22nd day of October, 1979. (SEAL) · ;- ~ CERTIFICATION OF MINUTES RELATING TO $1,425,000 IMPROVEMENT BONDS, SERIES 1979 and $1,425,000 TEMPORARY IMPROVEMENT BONDS, SERIES 1979 issuer: City of New Hope, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on October 22, 1979, at 7:00 o'clock P.M. in the New Hope City Hall . Members present: Erickson, Enck, Hokr, Otten, Plufka Members absent: None Documents Attached: Minutes of said meeting (pages): 10 RESOLUTION RELATING TO $1,425,000 IMPROVEMENT BONDS, SERIES 1979 AND $1,425,000 TEMPORARY IMPROVEMENT BONDS, SERIES 1979; CALLING FOR THE PUBLIC SALE THEREOF I, the undersigned, being the duty qualified and acting recording officer of the public corporation issuing the bonds re- ferred to in the title of this certificate, certify that the docu- ments attached hereto, as 4escribed above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all docu- ments approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended through- out by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of November , 1979. ~ture Betty Pouliot, City Clerk-Treasurer Name and Title Member. Plufka introduced the following resolu- tion and moved its adoption: RESOLUTION RELATING TO $1,425,000 IMPROVEMENT BONDS, SERIES 1979 AND $1,425,000 T~4PORARY IMPROVEMENT BONDS. SERIES 1979; CALLING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: Section 1. Authorization of Bonds. This Council has heretofore ordered, in accordance with the provisions of Minnesota Statutes, Chapter 429, and after public hearing as required by law, various street, storm sewer, water and sanitary sewer improvements to be constructed in the City and will hold a public hearing on the construction of Sani- tary Sewer and Water Improvement No. 361 (Witcher et al) and Sanitary Sewer and Storm Sewer Improvement No. 262 (Pazandak) at its meeting November 13, 1979, and has contracted or will contract for the construction of all such improvements (the Improvements) under and pursuant to Minnesota Statutes, Chapter 429. The designation and estimated total cost of each of the Improvements to the City are as follows: Improvements Estimated Total Cost No. 286 La. Ave. (27th to 32nd Ave.) $ 21,682.00 No. 341A 93,470.00 No. 350 (Xylon and 45th Avenue N.) 216,247.00 No. 328 (62nd Avenue N. Street Improvement) 32,466.00 Storm Sewer Improvements No. 326 (Old Dutch to Memory Lane) 240,057.00 No. 354 (Basset Creek Flood Control Project) 207,975.00 Sanitary Sewer and Water Improvement No. 340A 144,593.00 Street Improvement No. 358 (Johnson St. Croix Addition) 50,389.00 Sanitary Sewer and Water Improvements No. 361 (Witcher et al) 26,400.00 No. 262 (Pazandak) 23,700.00 Water, Sanitary Sewer and Storm Sewer Improvements No. 356A $ 342,961.00 Total: $1,400,000.00 It is hereby determined to be necessary for the City to borrow $1,400,000 to defray the expenses incurred and to be incurred in making the Improvements. The City is authorized by Minnesota Statutes, Chapter 429, to sell and issue either: (i) improvement bonds, maturing in such years and amounts as in the opinion of the Council are warranted by the anticipated collections of special assessments, and any ad valorem taxes, to be levied with respect to the improvements, or (ii) temporary improvement bonds maturing within not more than three years from their date of issue, in which event the City shall be obligated to pay the temporary improvement bonds and interest thereon out of the proceeds of definitive improvement bonds which the Council shall issue and sell at or prior to the maturity of the tem- porary bonds, to the extent that they cannot be paid out of assessments and taxes theretofore collected or other funds -available and appropriated therefor. Because of high interest rates prevailing in the bond market and uncertain economic con- ditions, it is in the best interest of the City to call for bids for both improvement bonds and temporary improvement bonds and following the receipt of bids therefor to determine whether it is more advantageous for the City to issue improvement bonds or temporary improvement bonds. In either case, the issue of bonds shall include $25,000 representing interest as provided in Minnesota Statutes, Section 475.56. Section 2. Sale, Publication and Notice. This Council shall meet at the time and place set forth in the form of notice herein prescribed for the purpose Of con- sidering bids for the purchase of the Improvement Bonds and the Temporary Improvement Bonds. The City Clerk-Treasurer is autho- rized and directed to cause a public notice of the time, place and purpose of the meeting to be published once not less than ten days before the date of the meeting in the official newspaper of the City and in Commercial West, -published at Minneapolis, Minne- sota, which notice shall be in substantially the following form: NOTICE OF BOND SALE $1,425,000 IMPROVEMENT BONDS, SERIES 1979 OR $1,425,000 TEMPORARY IMPROVEMENT BONDS, SERIES 1979 CITY OF NEW HOPE, MINNESOTA BIDS FOR THESE TWO ISSUES OF BONDS WILL BE RECEIVED ON Monday, November 26, 1979, until 2:00 o'clock P.M., C.S.T., at the office of the City Clerk-Treasurer in the City Hall, in New Hope, Minnesota. Bids will be considered by the City Council at 7:30 o'clock P.M., C.S.T., on the same date. At the time of the consideration of the bids for the Bonds the City Council will determine whether to issue the $1,425,000 Improvement Bonds, Series 1979 (the Improvement Bonds), or the $425,000 Temporary Improve- ment Bonds, Series 1979 (the Temporary Improvement Bonds), provided, however, the City reserves the right to reject any and all bids for both issues of the Bonds. If issued, the Improvement Bonds will be dated as of December 1, 1979 and will mature on February 1 in the years and amounts as follows: Year Amount Year Amount Year Amount 1981 $ 50,000 1988 $ 75,000 1995 $50,000 1982 175,000 1989 75,000 1996 50,000 1983 175,000 1990 75,000 1997 25,000 1984 100,000 1991 50,000 1998 25,000 1985 100,000 1992 50,000 1999 25,000 1986 100,000 1993 50,000 2000 25,000 1987 75,000 1994 50,000 2001 25,000 The Improvement Bonds maturing in 1991 and later years are subject to redemption and prepayment at the option of the City, in inverse order of serial numbers on February 1, 1990, and any interest payment date thereafter, at a price of the principal amount thereof, plus accrued interest. If issued, the Temporary Improvement Bonds will be dated as of December 1, 1979 and will mature on December 1, 1982. The Tempor- ary Improvement Bonds are subject to redemption and prepayment at the option of the City, in inverse order of serial numbers on December 1, 1980, and any interest payment date thereafter, at a price of the principal amount thereof, plus accrued interest. No rate of interest nor the net effective average rate of the Improvement Bonds or the Temporary Improvement Bonds may exceed 7% per annum. Bids may be submitted for one issue or both of the issues. A legal opinion will be furnished by Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis, Minnesota. The proceeds will be used to finance construction of local improve- ment projects in the City. Copies of the detailed Terms and Conditions of Sale and additional information may be obtained from the undersigned or from the bond consultants to the City, Evensen-Dodge, Inc., 1900 Midwest Plaza Building, Minneapolis, Minnesota 55402 (Telephone: 612-338-3535). BY ORDER OF THE CITY COUNCIL Betty Pouliot City Clerk-Treasurer Section 3. Terms and Conditions. The following shall constitute the terms and conditions for the sale and issuance of the Bonds, and the bond consultants for the City are hereby authorized and directed to cause the. terms and conditions to.be incorporated in material distributed to prospective bidders for the Bonds: TERMS AND CONDITIONS OF SALE $1,425,000 IMPROVEMENT BONDS, SERIES 1979 OR $1,425,000 TEMPORARY IMPROVEMENT BONDS, SERIES 1979 CITY OF NEW HOPE, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the pur- chase of $1,425,000 Improvement Bonds, Series 1979 (the Improve- ment Bonds), and $1,425,000 Temporary Improvement Bonds, Series 1979 (the Temporary Improvement Bonds) (the Improvement Bonds and the Temporary Improvement Bonds together are hereinafter referred to as the Bonds), of the City of New Hope, Minnesota, will be received until 2:00 o'clock P.M., C.S.T., Monday, November 26, 1979, at the office of the City Clerk-Treasurer in the City Hall, in New Hope, Minnesota, at which time the bids will be opened and tabulated. The bids will be acted upon by the City Council of the City at 7:30 o'clock P.M., C.S.T., on the same date, at which time the City Council will determine whether to issue the Improvement Bonds or the Temporary Improve- ment Bonds (the issue of Bonds which the City Council determines to issue is hereinafter referred to as the Authorized Bonds). PURPOSE The proceeds of the Authorized Bonds will be used for the purpose of financing the cost of constructing local improvement projects within the City, in accordance with the provisions of Minnesota Statutes, Chapters 429 and 475. SECURITY If issued, the Improvement Bonds will be general obli- gations of the City, payable primarily from special assessments, or special assessments and ad valorem taxes, to be levied by the City to pay the cost of the improvement projects, but if neces- sary additional ad valorem taxes may be levied and are required by law to be levied without limit as to rate or amount. If issued, the Temporary Improvement Bonds will be payable from the proceeds of definitive improvement bonds which the City Council is required by law to issue and sell at or' before maturity of the Temporary Improvement Bonds, to the extent that the Bonds cannot be paid from special assessments or special assessments and ad valorem taxes, to be levied and theretofore collected to pay the cost of the improvement projects or out of any other municipal funds which are properly available and are appropriated by the City Council for such purpose; the holders of the Temporary Improvement Bonds and the taxpayers of the City have the right to require the offering of such definitive improvement bonds for sale, or if definitive improvement bonds have not been sold and delivered before the maturity date of the Temporary Improvement Bonds, the .holders thereof have the right to require the issuance of either new temporary improvement bonds or definitive improvement bonds in exchange therefor on a par for par basis, bearing interest at the maximum rate permitted by law, such definitive improvement bonds to mature serially at such times and in such amounts that the principal and interest can be paid when due by the collection of special assessments or special assessments and ad valorem taxes levied to pay the cost of the improvement projects; and the City Council is re- quired by law to pay the principal and interest of such defini- tive improvement bonds out of any fund of the City if the amount credited to the fund specified for the payment thereof is insuf- ficient, and to levy each year a sufficient amount to take care of any accumulated or anticipated deficiency in said fund, which levy is not subject to any limitation as to rate or amount. DATE, TYPE AND DENOMINATION The Authorized Bonds will be dated as of December 1, 1979, will be issued as negotiable investment securities with attached interest coupons, and will be in the denomination of $5,000 each unless designated otherwise by the successful bidder within 48 hours after award of sale. MATURITIES AND REDEMPTION If issued, the Improvement Bonds will mature serially, on February 1 in the following years and amounts: Year Amount Year Amount Year Amount 1981 $ 50,000 1988 $75,000 1995 $50,000 1982 175,000 1989 75,000 1996 50,000 1983 175,000 1990 75,000 1997 25,000 1984 100,000 1991 50,000 1998 25,000 1985 100,000 1992 50,000 1999 25,000 1986 100,000 1993 50,000 2000 25,000 1987 75,000 1994 50,000 2001 25,000 The Improvement Bonds maturing in 1991 and later years are sub- ject to redemption and prepayment at the option of the City, in inverse order of serial numbers on February 1, 1990, and any interest payment date thereafter, at a price of the principal amount thereof, plus accrued interest. If issued, the Temporary Improvement Bonds will mature on December 1, 1982, and will be subject to redemption and pre- payment at the option of the City, in inverse order of serial numbers on December 1, 1980, and any interest payment date there- after, at a price of the principal amount thereof, plus accrued interest. PAYING AGENT Principal .and interest on the Authorized Bonds will be made payable at a suitable banking institution in the United States recommended by the successful bidder, subject to approval of the City Council, and the City will pay the reasonable and customary charges of the paying agent. The City will select the paying agent if the recommendation of the successful bidder is not approved. RATES, INTEREST PAYMENT DATES If issued, the Improvement Bonds maturing in each year must bear interest at a single uniform rate, not exceeding the rate specified for Improvement Bonds of any subsequent maturity, designated by the suCcessful bidder, expressed as an integral multiple of 5/100 of 1% per annum and represented by a single set of coupons. Not more than fifteen interest rates may be specified for the issue and no rate of interest nor the net effective average rate of the issue may exceed 7% per annum. Interest on the Improvement Bonds will be payable on August 1, 1980, and semiannually thereafter on February 1 and August 1 in each year. If issued, the Temporary Improvement Bonds must bear interest at a single uniform rate, designated by the successful bidder, expressed as an integral multiple of 5/100 of 1% per annum and represented by a single set of coupons. Neither the rate of interest nor the net effective average rate of the issue may exceed 7% per annum. Interest on the Temporary Improvement Bonds will be payable on June 1, 1980, and semiannually there- after on June 1 and December 1 in each year. DELIVERY Within 40 days after sale, the City will furnish and deliver to the purchaser or, at the option of the purchaser, will deposit with a bank in the United States selected by the purchaser and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed Authorized Bonds, the opinion of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser, but all other costs, with the exception of the printing of CUSIP numbers as indicated, will be paid by 'the City. The purchase price must be paid upon delivery, or within five days after deposit with the delivery agent, in funds avail- able for expenditure by the City on the day of payment. LEGAL OPINION An opinion as to the validity of the Authorized Bonds and as to the exemption of the Authorized Bonds and interest thereon from taxation will be provided by Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis, Minnesota. The legal opinion will be printed on the Authorized Bonds. TYPE OF BID AND AWARD Sealed bids must be mailed or delivered to the under- signed and must be received prior to the time specified above for opening bids. Bids may be submitted for one or both of the issues of Bonds. Each bid must be unconditional and must be accompanied by a cashier's check or certified check or bank draft in th~ amount of $28,500, payable to the City Clerk-Treasurer, to be retained as liquidated damages if the bid is accepted and the bidder fails to comply therewith, provided that if a bidder submits bids for both of the issues of Bonds only one good faith check need be supplied. Ail of the bids for the iskue of Bonds which the City Council determines Dot to issue will be rejected. The bid for the Authorized Bonds authorizing the lowest net interest cost (total interest from date of the Authorized Bonds to stated maturities, less any cash premium or plus any amount less than $1,425,000 bid for principal) will be deemed the most favorable. In the event that two or more bids state the lowest net interest cost, the sale of the Authorized Bonds will be awarded by lot. No oral bid and no bid of less than $1,400,000 plus accrued interest will be considered, and the City reserves the right to reject any and all bids and to waive any informality in any bid. CUSIP NUMBERS The City will assume no obligation for the assignment or printing of CUSIP numbers on the Authorized Bonds or for the correctness of any numbers Printed thereon, but will permit such printing to be done at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Information for bidders and bidding forms will be dis- tributed by Evensen-Dodge, Inc., 1900 Midwest Plaza Building, Minneapolis, Minnesota 55402 (Telephone: 612-338-3535). BY ORDER OF THE CITY COUNCIL Betty Pouliot City Clerk-Treasurer Section 4. Official Statement. The City Attorney, in cooperation with Evensen-Dodge, Inc., financial consultants to the City, is hereby authorized and directed to prepare on behalf of the City an official state- ment to be distributed to potential purchasers of the Bonds. Such official statement shall contain the Terms and Conditions of Sale set forth in Section 3 and such other information as shall be deemed advisable and necessary to adequately describe the City and the security, terms and conditions of the Bonds. Such official statement shall be examined and approved by the City Attorney prior to its distribution to potential purchasers. Mayor Attest: ~erk-Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Member Enck , and upon vote being taken thereon, the following voted in favor thereof: Erickson, Enck, Hokr, Otten, Plufka and the following voted against the same: None whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the City Clerk- Treasurer. RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER AND WATER IMPROVEMENT NO. 361 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (WITCHER, ET AL) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The Council held a public hearing the 13th day of November, 1979, at 7:00 o'clock P .M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Sanitary Sewer and Water Improvement No. 361 of the City, after notice of said hearing was duly published as required by law in the New Hope- Plymouth Post, the official newspaper of the City, on October 25, 1979 and on November 1, 1979. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the City Council this 13th day of November, 1979. ~ .... · // ~. J. Erickson, Mayor Attest: ~ surer (Seal) RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER AND STORM SEWER iMPROVEMENT NO. 362 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (PAZANDAK) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The Council held a public hearing the 13th day of November, 1979, at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Sanitary Sewer and Storm Sewer Improvement No. 362 of the City, after notice of said hearing was duly published as required by law in the New Hope-Plymouth Post, the official newspaper of the City, on October 25, 1979 and on November 1, 1979. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the City Council this 13th day of November, 1979. Attes~~~ ~.~J. Eriekson, Mayor ~---~Be~ty ff~/ul~iot, Clerk-Treasurer (Seal) CERTIFICATION OF MINUTES RELATING TO $700,000 INDUSTRIAL DEVELOPMENT REVENUE NOTES Issuer: City of New Hope, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, November 13, 1979 at 7:00 o'clock P.M. at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, .AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. (NEW HOPE PROPERTIES PROJECT) I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certifying that the documents attached hereto, as described above, have been carefully compared with the original records of said cor- poration in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this ~ day of November, 1979. ~nature Mrs. Betty Pouliot, City Clerk-Treasurer J¢7 Councilmember E~ck introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. (NEW HOPE PROPERTIES PROJECT) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota as follows: Section 1. Recitals. 1.1 The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent so far as possible emergence of blighted lands and areas of chronic unemployment, and the state has encouraged local government units to prevent such economic deterioration. 1.2 New Hope Properties, a Minnesota partnership (the Partnership), engaged in the ownership and lease of light manufacturing space has requested the City to consider the issuance of revenue note or notes (hereinafter, "revenue bonds" or "bonds") fora project consisting of the construction of a 24,000 square-foot manufacturing facility on land presently owned by the Partnership. 1.3 Completion of the proposed project would add to the tax base of local taxing authorities, increase employment in the area, and add to the level of economic activity in the area. 1.4 The City has been advised by representatives of the Partnership that conventional, commercial financing to pay the capital cost of the project is available only on a limited basis and at such costs of borrowing that the economic feasibility of the project would be questionable, or the scope of the project to be undertaken at this time curtailed, but the Partnership has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the project, as proposed, is economically feasible. 1.5 The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance projects consisting of properties used and useful in connection with a revenue-producing enterprise, such as that of the Partnership, and the Partnership has informed the City that the issuance of such bonds by the City in this case would be a substantial inducement to the Partnership to undertake the proposed project. 1.6 This Council has caused to be published Notices of Public Hearing in the Minneapolis Star and Tribune and in the New Hope-Plymouth Post on October 18, 1979 and Octo~ber 21, 1979, respectively, has made available for public inspection in the office of the City Clerk in the City Hall from October 22, 1979 to November 13, 1979, the draft appliCation to the Commissioner of Securities, and has held a public hearing on the proposed undertaking and financing of the Project, on November 13, 1979 at 7:00 P.M. in the City Hall, at which hearing all parties who appeared were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. Section 2. Approval and Authoriziation. 2.1 On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial develop- ment bonds under the provisions of Chapter 474 to finance the project of the Partnership at a cost presenty estimated to require issuance of revenue bonds in the principal sum of $700,000. 2.2 The project above referred to is hereby given preliminary approval by the City, subject to approval of the project by the Commissioner of Securities and to the mutual agreement of this body, the Partnership and the initial purchasers of the bonds as to the details of the bond issue and pro- visions for their payment with the understanding that the City may rescind this resolution at any time prior to the closing, if deemed to be in the best interests of the City. The Mayor and City Manager are hereby authorized to execute a Memorandum of Agreement with the Partnership, substantially in the form heretofore presented and reviewed by the City Attorney, setting forth the preliminary understandings of the parties with respect to the issuance of the bonds. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City, except the project, and each bond, when, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the project and property pledged to the payment thereof, and shall not con- stitUte a debt of the City. -2- 2.3 The Mayor and City Manager are hereby authorized and directed to submit the proposal for the above described Project to the Commissioner of Securities requesting her approval. 2.4 In anticipation of the approval by the Commissioner of Securities and the issuance Of revenue bonds to finance the project, and in order that completion of the project will not be unduly delayed when approved, the Company is hereby authorized to make such expenditures and advances toward payment of costs of the project as it considers necessary, subject to reimburse- ment from the proceeds of the revenue bonds when delivered but otherwise without liability on the part of the City. 2.5 Ail actions of the City staff in causing notices of public hearing to be published in the New Hope-Plymouth Post, the official newspaper of the City, and the Minneapolis Star and Tribune are hereby ratified, adopted and confirmed as the official acts of the City. Dated the 13th day of November, 1979. ......... /Mayor City/Clerk-Treasurer The motion for adoption of the above resolution was duly seconded by Councilmember 0tten , and upon vote being taken, the following voted in favor: £rickson, [nck, Hokr, 0tten and the following were opposed: None; absent: P]ufka whereupon the resolution was declared duly adopted and was signed by the Mayor and attested by the City Clerk-Treasurer. -3- CERTIFICATION OF MINUTES RELATING TO $1,025,000 INDUSTRIAL DEVELOPMENT REVENUE NOTES Issuer: City of New Hope, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, November 13, 1979 at 7:00 o'clock P.M. at the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. (NATIONAL BEAUTY, INC.) I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certifying that the documents attached hereto, as described above, have been carefully compared with the original records of said cor- poration in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this ~2~ day of November, 1979. ~ ~// - signature Mrs. Betty Pouliot, City Clerk-Treasurer Councilmember Otten introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS. (NATIONAL BEAUTY, INC.) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota as follows: Section 1. Recitals. 1.4 The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically soUnd industry and commerce through governmental acts to prevent so far as possible emergence of blighted lands and areas of chronic unemployment, and the state has encouraged local government units to prevent such economic deterioration. 1.2 National Beauty, Inc., a Minnesota corporation (the Company), engaged in the manufacture and distribution of professional beauty salon supplies and equipment, has requested the City to consider the issuance of revenue bonds for a project consisting of the purchase of approximately 2.25 acres of land in the City, and the construction thereon of a 30,000 square- foot concrete facility to house the corporate headquarters and warehouse space (the Project). 1.3 Completion of the proposed project would add to the tax base of local taxing authorities, increase employment in the area, and add to the level of economic activity in the area. 1.4 The City has been advised by representatives of the Company that conventional, commercial financing to pay the capital cost of the project is available only on a limited basis and at such costs of borrowing that the economic feasibility of the project would be questionable, or the scope of the project to be undertaken at this time curtailed, but the Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the project, as proposed, is economically feasible. 1.5 The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance projects consisting of properties used and useful in connection with a revenue-producing enterprise, such as that of the Company, and the Company has informed the City that the issuance of such bonds by the City in this case would be a substantial induce- ment to-the Company to undertake the proposed project. 1.6 This Council has caused to be published Notices of Public Hearing in the Minneapolis Star and Tribune and in the New Hope-Plymouth Post on October 18, 1979 and October 21, 1979, respectively, has made available for public inspection in the office of the City Clerk in the City Hall from October 22, 1979 to November 13, 1979, the draft application to the Commissioner of Securities, and has held a public hearing on the proposed undertaking and financing of the Project, on November 13, 1979 at 7:00 P.M. in the City Hall, at which hearing all parties who appeared were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. Section 2. Approval and Authoriziation. 2.1 On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial develop- ment bonds under the provisions of Chapter 474 to finance the project of the Company at a cost presenty estimated to require issuance of revenue bonds in the principal sum of $1,025,000. 2.2 The project above referred to is hereby given preliminary approval by the City, subject to approval of the project by the Commissioner of Securities and to the mutual agreement of this body, the Company and the initial purchasers of the bonds as to the details of the bond issue and pro- visions for their payment with the understanding that the City may rescind this resolution at any time prior to the closing, if deemed to be in the best interests of the City. The Mayor and City Manager are hereby authorized to execute a Memorandum of Agreement with the Company, substantially in the form heretofore presented and reviewed by the City Attorney, setting forth the preliminary understandings of the parties with respect to the issuance of the bonds. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City, except the project, and each bond, when, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the project and property pledged to the payment thereof, and shall not con- stitute a debt of the City. -2- 2.3 The Mayor and City Manager are hereby authorized and directed to submit the proposal for the above described Project to the Commissioner of Securities requesting her approval. 2.4 In anticipation of the approval by the Commissioner of Securities and the issuance of revenue bonds to finance the project, and in order that completion of the project will not be unduly delayed when approved, the Company is hereby authorized to make such expenditures and advances toward payment of costs of the project as it considers necessary, subject to reimburse- ment from the proceeds of the revenue bonds when delivered but otherwise without liability on the part of the City. 2.5 All actions of the City staff in causing notices of public hearing to be published in the New Hope-Plymouth Post, the official newspaper of the City, and the Minneapolis Star and Tribune are hereby ratified, adopted and confirmed as the official a~cts of the City. Dated the 13th day of November, 1979. .... ~ Mayor / Attest: , ~ Ci~{erk-~reasurer The motion for adoption of the above resolution was duly seconded by Councilmember [nck , and upon vote being taken, the following voted in favor: [rickson, [nck, H0kr, 0tten and the following were oppOsed: None; absent: P]ufka whereupon the resolution was declared duly adopted and was signed by the Mayor and attested by the City Clerk-Treasurer. -3- RESOLUTION REGARDING 1980 SHADE TREE PROGRAM BE IT RESOLVED that the following shade tree program budget for sanitation and replanting of trees for the calendar year 1980 is hereby approved and that the city share of said budget is available in the General Fund. SANITATION REFORESTATION Personnel $ 8,661.00 $ 2,594 Equipment Use 4,700.00 500 Outside Contracts 16,000.00 1,700 Miscellaneous 8,034.00 - Total $ 37,395.00 $ 4,794 BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute and submit the 1980 Shade Tree Program Application to the Minnesota Department of Agricul- ture. Adopted this 13th day of November, 1979. // ~ ~ Mayor C~rk~Treas urer RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF PAZANDAK ADDITION BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. The plat of land described in the title of this resolution has heretofore been approved by this Council. 2. The City Attorney is hereby directed to hold the hardshells of said plat until the following conditions for release and delivery have been met: (a) The Developer shall execute and deliver to the City a "Development Contract" secured by a "Development Bond" in an amount and with surety and conditions satisfactory to the City to assure to the City that driveway approaches, street signs, boulevard improvements, and other necessary improvements be constructed and installed to City specifications; (b) The Developer has delivered to the City an abstract of title in customary form and the City Attorney, after a title examination thereof, reports that the persons purporting to dedicate the public streets and easements in said plat have sufficient and good title in the lands platted to do so. (c) Additional conditions: 3. The "Development Contract" and "Development Bond" are hereby accepted upon approval of the documents by the City Attorney, and the Mayor and the Manager are authorized to sign the same. Adopted by the Council this _/.~ day of .~/m~.~/~.~ , 1977. Attest~~~ ~ - Mayor / Clerk-Treasurer RESOLUTION REQUESTING ADJUSTMENT IN THE COMMUNITY DEVELOPMENT BUDGET FOR 1977/78 WHEREAS, the City of New Hope has executed a joint powers agreement with Hennepin County thereby agreeing to participate in a Grant Application under the Urban County designation pro- vided for in the Housing and Community Development Act of 1974, and WHEREAS, a grant application had been prepared requesting funds to undertake a community development program, including ap- propriate citizen participation, goal establishment and implementation plans and procedures, and WHEREAS, the grant application in a total of $178,854 was approved for several specified projects, and WHEREAS, as bids have been taken for the actual work it became apparent that it will be necessary to adjust the line items in the grant in order to accommodate the actual costs, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, Minnesota that the appropriate authorities be re- quested to adjust the City's 1977-78 Budget for activi- ties under the Housing and Community Development Act of 1974 as listed below: Current Project No. Year III Budget Amend To 24 Finish Third Floor of Ice Arena into Multi-Purpose Neighborhood and General Recreational Facility $142,919.00 $148,803.00 25 Provide Security Lights for City Park/Recreational Facilities 1,793.00 1,793.00 26 Replacement of Diseased Trees 25,000.00 25,000.00 27 Provide Toilet and Shelter Facilities for Begin Park 75.00 75.00 28 Administration of CDBG Funded Activities 9,067.00 3,183.00 ATTEST: ~ ~ ~le~-Treasurer RESOLUTION REGARDING DAY CARE FUNDING WHEREAS, all people with low and moderate income should enjoy equal rights regardless of where they live; and WHEREAS, all municipalities in Hennepin County are being required by the Land Use Planning Act to provide increased hQu~i~, opport~ni~£es,/for;~those with low and moderate income, and WHEREAS, ancillary services, such as child care facilities are of basic importance to the quality of life and very practical means of integrating users of every economic level; and WHEREAS~ the Social Service Block Grant Bill of 1979 has changed the status of funding for child care facilities; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope strongly urges that Hennepin County allocate to the municipalities on a proportionate basis, sufficient Social Service Block Grant Funds to assure quality child care available to all qualified members of their communities. Passed this 26th day of November, 1979. ~k-Treasurer RESOLUTION REGARDING CABLE TV WHEREAS, the City Council of the City of New Hope appointed a Committee to assess the Cable Communications needs of this municipality as required by regulation 4.111 of the Rules of the Minnesota Cable Communications Board, and WHEREAS, the Committee, after assessing the communications needs, has submitted its report and recommendation; NOW, THEREFORE, it is hereby resolved that~ 1. The Report and Recommendations of the Needs Assessment Advisory Committee dated October 21, 1979, and the Statement of Communications Needs of the Northwest Suburbs Cable Communications Commission dated November 19, 1979, are received, considered and approved. 2. Based upon the Report and Recommendations of the Needs Assessment Advisory Committee, it is determined that the City of New Hope~s Cable Communications franchising process should continue. 3. Copies of .the Report and Recommendations of the Needs Assesment Advisory Committee and the Statement of Communications Needs of the Northwest Suburbs Cable Communications Commission shall be filed with the City Clerk and be available for inspection by the public; and, in addition, copies of the Report, Statement and the within Resolution shall be furnished to the president of the northwest Suburb's Cable Communications Commission and the Minnesota Cable Communications Board. Adopted this 26th day of November, 1979, by the City of New Hope, Minnesota. ~ MAYOR RESOLUTION CHANGING THE DATE OF THE COUNCIL MEETING WHEREAS, the regularly scheduled second Council meeting for the month of December will fall on the 24th or Christmas Eve, and WHEREAS, the City Council feels that this meeting date should be changed since .it is in conflict with the desire of the majority of both the Council and the citizens to spend this time in of observance of the holiday. NOW.THEREFORE, be it resolved that the regularly scheduled second meeting of December, 1979.- is hereby cancelled and a substitute date of December 31, 1979, 5:00 p.m. is adopted. The substitute meeting shall be for the purpose of payment of bills and such other items only as must be acted on at that time. Adopted the 26th day of November, 1979 by the City Council, City of New Hope, Minnesota. · ~'Mayor ATTEST: ~7~~ ICi ty C1 erk-Treasurer RESOLUTION A~ENDING REQUEST FOR 1978~79 LOCAL PLANNING ASSISTANCE GRANT FUNDS FROM THE METROPOLITAN COUNCIL WHEREAS, the Metropolitan Land Planning Act, Minnesota Statutes Section 473.851~473.872, requires that the City of New Hope prepare and submit a Comprehensive Plan to the Metropolitan Council; and jj/WHEREAS, the Metropolitan Council andthe City of New Hope entered into a contract, numbered 7892 and dated May 30, 1978 for a Local Planning Assistance Grant for 1976-77 grant funds in the amount of $4,911.00 to assist New Hope in carrying out the required planning, and WHEREAS, the total grants from the Metropolitan Council will not exceed 75% of the total cost or 100% of the remaining cost of carrying out the required planning which is documented in Appendix A of the above referenced contract. NOW THEREFORE~ the City of New Hope requests the additional 1978-79 grant funds and authorizes the City Manager to execute the Agreement Amendment to the above referenced contract on behalf of the City of New Hope. Adopted by the City Council this 26th day of November, 1979. /~ '"' Mayor ATTEST: ~ . .TreaSurer APPENDIX 8 ~Z METROPOLITAN COU~(CIL SU[T~ 300 ~ETRO SQUARE BUI~ING, SAINT PAUL MXNNESOTA ~978-79 G~T ~PLi~TION of Co~ity CITY OF NEW HOPE of Local Con=act Person Harlyn G. Larson A~Ir~ss 4401 Xylon Avenue North~ New Hope, Minnesota 55428 e~hone 533-1521 ~t~ne on the reverse side the major tasks ~d the ~o~al costs of those tasks which mus~ be ~.~rtaken in order ~o pre,re or update the cc~unity,s Comprehensive Plan and Prepare and ~ ~=s official con=rols as requir~ by ~he Me=ro~!i=an Land Planning Ac=. ~:m~:ed completion date of the Work Pr~r~ December 1979 :~Jica~e whether =his Work Program reflects the cost of u~ating a previously Pre~ar~ plan and 2~rehensive~f ~' d~scribe~lan.to what ~xten= the plan(s) will be u~iliz~ in =eve!oping' the co=uni=y,s' ' The City's Comprehensive Plan has been submitted to the Metro Council. The review of the plan was suspended because of lack of certain plan content items. Ail the work pro~sed under this application is in ~ attempt to bring the City's plan into confo~ity with the requir~ents for the pl~ as outlined in a July 1979 letter from Barbara Senness. and the October 18, 1976 review of Bob Mazanec.13' .~ %5~Inancia~ Assistanc~ %~oun=s and sources of financial assistance other ~han this grant proqr~ which wi1! be toward =he Work Progr~ cos=s shown on :he reverse side of this application. Ail planing ~rk will be fin~ced by the grant and local funds. It is anticipatedtotal some $4,000.that local funds for staff time ~d reproduction costs will :~)~ements R~ueste~ C~unit~ Comprehensive ~lanning Fund Entit!~ent for 1976-77 $ 4,911 :~'~Ory Activity Fund En=itl~en= for 1976-77 S '3,630 T~* ~ 8,541 ~ran= ~oun= r~uested may no= exceed ei=h~ 7~ percent of the =otai cost of the Work ~ay not exc~ed 100 Percent cf ~he R~aining Cost, both of which are shown on the :o~ Of the resolu=ion by the governing ~dy transmit:lng this'application. 660'~T ~ ~soO ~ _. . 660'~T ~ ~=~o=a ~=o~ ;o =sod ~ " K~uJ°~V'~TJ~°D '~ OOg'~ " Slo=nuoD } UO~J~-gg~S 6~TD ~o uo~dop~ p~ uo~n~a~daaa -~ ~a~s OOg' T ~ uo~v~ua~I~mI ~snoH ' ~ t :.. ~'..' ~' ~-..'. '- :---. '..... ~o~u~nuI ' ~ -"~TiZ _ z~puv' au~so~' oo~uo~ OOg' ~ ~llo~ ~aaS *~ '' .'5uI. 'aa~rmos~ 00g'r 000' r . ~u~oa ·; 00~ p~ ~uTu~rd ~sa~pT~ rsO,a ~ i~°l~nuI TM ~o~za4 ~o ~soD Tw~o~ ~3~o=4 ~clOH ~4~N ~0 X,~.ID :/.%~ununuoD ~o ~ureN RESOLUTION DIRECTING THE SUBMISSION OF ADDITIONAL COMPREHENSIVE PLAN ITEMS TO METROPOLITAN COUNCIL WHEREAS, the Planning Commission of the City of New Hope has completed work on a series of amendments and additions to the city's Comprehensive Plan, and WHEREAS, these items include a sewer plan, an implementation program, and capital improvement program changes in addition to the general plan context, and WHEREAS, the commission had adopted these items and submitted them to the Council for review, and WHEREAS, the Council has reviewed these items and finds them to be acceptable, NOW THEREFORE, be it resolved that the City Council, City of New Hope, does hereby direct the City Manager to submit these items to the Metropolitan Council for inclusion in the city's Comprehensive Plan now under review by the Metropolitan Counci,1. Adopted this 26th day of November, 1979. / // /' · Mayor ATTEST:~ /~-~ "~~' ~l er/- Treasurer RESOLUTION IN REGARD TO STUDY OF CONSOLIDATED DISPATCH SERVICE WHEREAS, the cities of Brooklyn Center, Crystal, Golden Valley, New Hope, and Robbinsdale, are desirous of studying the possible benefits to be obtained by a consolidated dispatch set, ce for the five communities, and WHEREAS, the five communities have by earlier resolution agreed to co- sponsor a grant application for L.E.A.A. funding for a technical study of a consolidated dispatch service, and WHEREAS, it is now necessary to est~lish a committee and administrative structure to represent the communities in selection and direction of a consultant, to carry out the study, to develop recommenda- tions as to implementation of the study conclusions and to handle the administrative details of the grant administration, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope. that: 1. The City of New Hope shall act as the secretariat for the Committee to be established below and shall act as the grant administrator under the direction of the committee. 2. A ten member committee shall be established to direct the study. It shall consist of the City Manager and Chief of Police (or the Chief's designated representative) of each community. The Committee shall: a) Formulate the criteria for and select a consultant for the study. b) Establish guidelines for the study and direct the consul- tant as the study is done. c) Develop from the study conclusions, a recommended course of action to follow in implementation of a consolidated dispatch system, or recommend that the consolidation is not feasible. d) Hold its initial meeting upon call of the New Hope City Manager and select a permanent Chairman and Vice Chairman at that meeting. 3. That each city shall be responsible for one fifth (1/5) of the local match required in the L.E.A.A. funding. The local match is now estimated to be $400.00 per city. Adopted this ~6~h ~ day of Nnvemher 1979. r ~Clerk RESOLUTION AUTHORIZING ADDITIONAL SIGNATURE FOR CITY CHECKS WHEREAS, The New Hope City Council has heretofore designated the New Hope State Bank as the official depository for the City Payroll and General Fund Accounts; and WHEREAS, change in city personel requires that there be a change in authorized signatures for drawing upon the city accounts NOW THEREFORE BE IT RESOLVED that the name of Donna M. Peavey be stricken from the list of authorized signatures that'Patrice'M. Miller be substituted in'its stead.. BE IT FURTHER RESOLVED, that checks, draft or other withdrawal orders on funds deposited in such accounts may be signed by ~ersons whose signatures are affixed to the signature card filed with the New Hope State Bank, as listed below~ Edward J. Erickson , Mayor or Richard Plufka , Acting Mayor: plus '~-~ Harlyn Larson , City Manager: or Larr.v Watts , Finance Director: and Betty Pouliot , City Treasurer or Patrice M. Miller , Deputy Treasurer BE IT FURTHER RESOLVED, that said bank shall be entitled to rely upon a certified copy of this resolution until written notice of modification or recision has been furnished' and received by said bank. Adopted ~y the City Council this 26th Day of November, 1979. Cle~-'Treasurer '~ ~Mayor RESOLUTION APPROPRIATING MONIES FOR PAYMENT FOR WORK IN THE PART-TIME FIRE DEPARTMENT WHEREAS, the City Manager and members of the Wage Committee of the Fire Department have reached agreement on the amount of money to be made available for 1980 and 1981 wage pay- ments to the part-time members of the Fire Department, and WHEREAS, the 1980 Budget must be adjusted to provide for these payments, NOW, THEREFORE, BE IT RESOLVED By The City Council, City of New Hope, Minnesota that: 1. There is hereby appropriated $82,000 for each of the 1980 and 1981 Budget years for use as wage pay- ments for the part-time members of the Fire Depart- ment. 2. This money shall be distributed in accord with present practice and as outlined in 'the December 6, 1979 letter from the Compensation Committee. 3. An extra sum in the amount of $19,131 is hereby appropriated from surplus for the 1980 Budget to cover the cost above the original budget amount of $62,969. Adopted this lOth day of December, 1979. . /~ ~.7 Mayor - CERTIFICATION OF '41NUTES RELATING TO $2,571,700 FIRST MORTGAGE HOUSING REVENUE NOIi-'E (PHEASANT PARK APARTMENTS PROJECT/FHA INSURED MORTGAGE) Issuer: Cit. y of New Hope, Minnesota Governing body: City Council Kind, date, time and place of meeting: a regular meeting held on December 10, 1979, at 7:00 o'clock P.M. at City Hall Members present: Erickson, Enck, Hokr, Otten, Plufka Members absent: None Documents attached: Minutes of said meeting (pages): A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A FIRST MORTGAGE HOUSING REVENUE NOTE (PHEASANT PARK APARTMENTS PROJECT/FHA INSURED MORTGAGE), OF THE CITY OF NEW HOPE, MINNESOTA, FOR THE PURPOSE OF FINANCING A HOUSING PROJECT AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, f~om wi~ch they have been transcribed; that s~id documents ,~re a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 10th day of _/lgf~/B]~, 1979. "~tur e'~~ Betty Poulict, City Clerk-Treasurer Name and Title (SEAL) A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A FIRST MORTGAGE HOUSING REVENUE NOTE (PHEASANT PARK APARTMENTS PROJECT/FHA INSURED MORTGAGE), OF THE CITY OF NEW HOPE, MINNESOTA, FOR THE PURPOSE OF FINANCING A HOUSING PROJECT AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: Section 1. Recitals. 1.01. Proposed Project. Pheasant Park Apartments, a Minnesota limited partnership (the Owner), has proposed to acquire, construct and equip on land located in the City a 92-unit apartment project, at least twenty percent of the dwelling units of which will be intended for occupancy by persons and families of low income eligible for assistance under the provisions of Section 8 of the .Housing Act of 1937, as amended, designated as HUD/FHA Project No. 092-35355-PM/L8 (the Project) . 1.02. Proposed Bonds. In order to provide construction financing for a portion of the cost of acquisition, construction and equipment of the Project, it is proposed that the City issue and sell its First Mortgage Housing Revenue Note (Pheasant Park Apartments Project/FHA Insured Mortgage) (the Note),. in the total authorized principal amount of $2,571,700, to contain such terms and provisions as are set forth in the form of the Note attached hereto as Exhibit A and to be secured as set forth in a ~!edge and Disbursing Agreement, dated as of December 1, 1979 (the Pledge Agreement), among the City, The First National Bank of Saint Paul, as purchaser of the Note, and Northland Mortgage Company, as agent of the City (the Agent) under an Agency Agreement, dated as of December 1, 1979 (the Agency Agreement), between the City and the Agent. The proceeds of the Note, in an amount not to exceed $2,571,700 (the Mortgage Loan), will be disbursed to the Owner for the acquisition, construction and equipment of the Project in the manner provided in a Building Loan Agreement, dated as of December 1, 1979 (the Building Loan Agreement), between the Owner and the Agent as agent for the City. Pursuant to a Revenue Agreement, dated as of December 1, 1979 (the Revenue Agreement), between the City and the Owner, the Owner has agreed to make payments required to be made under the Mortgage Note (as herein defined). The Mortgage Loan will be evidenced by a Mortgage Note, dated as of December 1, 1979 (the Mortgage Note), executed by the Owner and secured by a Security Agreement, dated as of December 1, 1979 (the Security Agr. eement), and a Mortgage, dated as of December 1, 1979 (the Mortgage), each from the Owner to the Agent as agent for the City. The Mortgage incorporates by 'reference a Regulatory Agreement, dated as of December 1, 1979 (the Regulatory Agreement), between the Owner and the United States Department of Housing and Urban Development (HUD). In accordance with a Commitment for Insurance of Advances issued by HUD to Northland Mortgagee Company, as original mortgagee and assigned by said original mortgagee to the Agent as agent for the City, the Mortgage Note will be i.nitially endorsed for mortgage insurance by HUD pursuant to the provisions of Section 221(d)(4) of the National Housing Act, as amended, evidencing HUD's obligation to insure advances made under the Building Loan Agreement. 1.03. Proposed Purchase of the Bonds. The City has been advised of the intent of The First National Bank of Saint Paul, in St. Paul, Minnesota (the Holder), to purchase the Note at a price equal to the principal amount thereof plus accrued interest. 1.04. Preliminary Approval. The City gave preliminary approval to the Project by a resolution duly adopted March 26, 1979, and that approval is hereby confirmed and ratified. The Commissioner of Securities gave her approval of the Project pursuant to Subdivision 7, Section 474.01, Minnesota Statutes, on April 3, 1978. 1.05. Documentation. Forms of the following documents (in the aggregate, the Documents) relating to the Project'~and financing described above have been submitted to the Council and are now on file in the office of the City Clerk-Treasurer: (a) the Regulatory Agreement; (b) the Building Loan Agreement; (c) the Mortgage; (d) the Security Agreement; (e) the Mortgage Note; (f) the Revenue Agreement; (g) the Pledge Agreement; (h) the Agency Agreement; and (i) the Note. Section 2. Findinqs. It is hereby found, determined and declared that: -2- 2.01. The City is authorized and empowered by the provisions of Chapter 474, Minnesota Statutes, as amended (the Act), to issue its revenue bonds or other obligations and to loan the proceeds thereof to a contracting party for the purpose of providing financing for the acquisition, construction and equipping of a project consisting of real and personal property used and useful in connection with a revenue-producing enterprise. 2.02. The real property, improvements, equipment and other personal property described in the Building Loan Agreement, the Revenue Agreement, the Mortgage, the Security Agreement and the Pledge Agreement constitute a project authorized by the Act. 2.03. The purpose of the Project, as described 'in the Revenue Agreement, the Building Loan Agreement, the Mortgage, the Security Agreement and the Pledge Agreement, is and the effect w~.ll be to promote' the public welfare by the development, maintenance and preservation within the City of adequate housing, which is essential to the maintenance of population and the promotion, attraction, encouragement and development of economically sound industry providing employment opportunities for residents of the City and encourages land development and redevelopment, thereby increasing the tax base of the City and overlapping taxing districts. 2.04. The financing of the Project, the issuance and sale of the Note, the execution and delivery of the Revenue Agreement, the Pledge Agreement and the Agency Agreement, and the performance of all covenants and agreements of the CitY contained in the Revenue Agreement, the Pledge Agreement and the Agency Agreement and all other acts and things required under the Constitution and the laws of the State of Minnesota to make the Note, the Revenue Agreement, the Pledge Agreement and the Agency Agreement valid and binding obligations of the City in accordance with their terms are authorized by the Act. 2.05. The Project has been approved by the Minnesota Commissioner of Securities as tending to further the purposes and policies of the Act. 2.06. It is desirable that the City issue the Note upon the terms set forth therein, in this Resolution and in the Pledge Agreement. Under the provisions of the Pledge Agreement, the interest of the City and the Agent in the Commitment, the Building Loan Agreement, the Mortgage, the Mortgage Note, the Security Agreement and -3- the Revenue Agreement and the payments thereunder will be pledged to the Holder as security for the payment of principal of., premium, if any, and interest on the Note. 2.07' The Revenue Agreement provides that the Owner is required to repay the Mortgage Loan by making payments required to be made on the Mortgage Note, which payments, together with moneys held by the Holder in funds established under the Pledge Agreement, will be at all times sufficient to provide for the prompt payment of the principal of, premium, if any, and interest on the Note. The Revenue Agreement also provides that the Owner is required to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate insurance thereon and all- taxes and special assessments levied upon or with respect to the Project and payable during the term of the Revenue Agreement. 2.08. Under the provisions of Section 474.10 of 'the Act, and as provided in the Revenue Agreement and the .Pledge Agreement, the Note is not to be payable from nor charged upon any funds of the City other than the revenues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon nor to enforce payment thereof against any property of the City except the Revenue Agreement; the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Revenue Agreement; the Note shall recite that the Note, including interest thereon, is payable solely from the revenues pl~-dged to the payment thereof; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory ].imitation. Section 3. Approval_ and Execution of Documents; Sale, Execution and Issuance of Note. 3.01. Approval and Execution of Documents. The forms of the Documents presented to this meeting have been reviewed to the extent necessary for the purposes of this Resolution, and are hereby approved. The Mayor and City Manager are hereby authorized and directed, on behalf o~f the City, to execute the Revenue Agreement, the Pledge Agreement and the Agency Agreement in substantially the forms hereby approved, but including such modifications, insertions and additions as may be necessary and appropr'iate thereto and are approved by the City Attorney --4-- · prior to execution. Copies of the Documents, when executed, shall be delivered as provided therein. The execution of any of the Documents by the appropriate officers of 'the City shall be conclusive evidence of the approval thereof by the City. 3.02. Sale, Execution and Issuance of Note. The offer of The First National Bank of Saint Paul to purChase the Note upon the terms and conditions prescribed therein, in this Resolution and in the Pledge Agreement is hereby found to be reasonable and advantageous to the City and is hereby accepted. The Note shall be issued in substantially the form of the Note set forth in Exhibit A attached hereto and made a part hereof, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, in the total principal amount of $2,571,700. The terms of the Note are set forth in the form attached as Exhibit A hereto, which terms including, but without limitation, provisions as to interest rate, date and amount of payment of principal and interest are incorporated by reference herein, and upon the further terms and conditions set forth in the Pledge Agreement. .The Mayor and City Manager are authorized and directed to prepare and execute the Note and to deliver it to the Holder, together with a certified copy of this Resolution and other documents required by the Pledge Agreement. The Note shall be executed by the manual signatures of the Mayor and City Manager, and sealed with the official seal of the City. Section 4. Appointment of Agent; Further Actions and Certification of Proceedings. 4.0~i. Appointment ~. The City hereby appoints Northland Mortgage Company in Edina, Minnesota, as agent for the City and authorizes the Agent to act as agent for the City for the purpose of accepting the assignment of the Commitment on behalf of the City, executing the Building Loan Agreement and accepting delivery of the Mortgage Note, the Mortgage, the Security Agreement and all other documents and instruments to be delivered by the Owner to the mortgagee of record in connection with initial endorsement of the Mortgage Note by HUD, all as more fully set forth in the Agency Agreement. 4.02. Further Actions Ratified; Certification of Proceedinqs. The proper officers, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary in connection with the issuance of the Note and the making of the Mortgage Loan. In the absence of the Mayor or City Manager, any of the documents authorized by this resolution to be executed may be executed by the acting Mayor or the acting City Manager. The Mayor and City Manager and other officers of the City are authorized and directed to prepare and furnish to the purchaser of the Note, when issued, certified copies of all proceedings and records of the City relating to the legality and marketability of the Note as such facts appear from the books and records in the officers' custody and control or as otherwise known to them. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of ali. statements contained therein. 4.03. Retention of Documents. Pursuant to the requirements of 24 CFR Section 811.107(c), the City shall retain the Documents in its files. A copy of any or a]~l of the Documents shall be furnished to the Minneapolis-St. Paul Area Office of HUD at its request. Adopted by the City Council of the City of New Hope, Minnesota, on December 10 ,~979. E~'ar'd Erickson, Mayor Betty Pou~/io_t, City Clerk-Treasurer -6- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE, MINNESOTA FIRST MORTGAGE HOUSING REVENUE NOTE (PHEASANT PARK APARTMENTS PROJECT/FHA INSURED MORTGAGE) NO. R-I $2,571,700 The City of New Hope, Minnesota, a municipal corporation organized and existing under the Constitution and the laws of the State of Minnesota (the Issuer), for value received, hereby promises to pay to the order of The First National Bank of Sa'iht Paul, a national banking association, or assign (the Holder), at its office in Saint Paul, Minnesota, or such other place as the Holder may designate in writing, from the source and in the manner hereinafter provided the principal sum of TWO MILLION'FIVE HUNDRED SEVENTY-ONE THOUSAND SEVEN HUNDRED DOLLARS ($2,571,700), with interest on the unpaid balance of this Note (the Principal Balance) from the date hereof at the rate of seven percent (7%) per annum on the Principal Balance up to and including the date on which the Mortgage Note (as defined herein) is finally endorsed by HUD (as defined herein) for mortgage insurance under the National Housing Act, as amended (th.e National Housing Act); thereafter interest on the Principal Balance shall be paid at the rate of seven and one-half percent (7-1/2%) per annum until this Note is paid in full. The principal and interest hereon shall be payable in monthly installments on the first day of each month (or the next business day thereafter if the first is a holiday) in any coin or currency which at the time or times of payment is legal tender for the payment of public and private debts in the United States of America as follows: 1. Prior to June 1, 1981, an amount equal to interest accrued monthly on the Principal Balance. 2. Commencing June 1, 1981, monthly installments of principal and interest in the amount of Sixteen Thousand Nine Hundred Thirty and 36/100 Dollars ($16,930.36). From and after June t, 1981, payments shall be applied first to interest due on the Principal Balance and thereafter to a reduction of the Principal Balance except as provided below. In the event the Mortgage Note is not finally endorsed by HUD at least one month prior to June 1, 1981, monthly installment~ of principal and interest commencing on June 1, 1981, and for each month or part of a month preceding the date of final endorsement of the Mortgage Note by HUD shall be Sixteen Thousand Nine Hundred Thirty and 36/100 Dollars ($16,930.36) less an amount representing the difference between interest at the rate of seven and one-half percent (7-1/2%) per annum on the Principal Balance and interest at the rate of seven percent (7%) per annum on the Principal Balance. Notwithstanding anything to the contrary contained herein, such payments shall be applied first to the payment of interest at the rate of seven percent (7%) per annum on the Principal Balance and thereafter to a reduction of the Principal Balance. After the date of final endorsement of the Mortgage Note by HUD, the lesser interest rate set forth herein shall no longer be applicable. 3. The entire~ unpaid Principal Balance, together with all accrued but unpaid interest, shall be paid not later than September 1, 1981, or on.any date prior thereto on which sums sufficient to pay such Principal Balance and accrued interest, without premium, have been deposited with the Holder. Privilege is reserved to pay the debt in whole or in an amount equal to one or more monthly payments on the Principal Balance next due, on the first day of any month prior to maturity upon at least thirty (30) days' prior written notice to the Holder. If default be made in the payment of any installment under this Note, and if the default is not made good prior to the due date of the next such installment, the entire Principal Balance and accrued interest shall at once become due and payable without notice at the option of the Holder of this Note. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default. No default shall exist by reason of nonpayment of any required installment of the Principal Balance so long as the amount of optional additional prepayments of the Principal Balance already made equals or exceeds the amount of such required installment of the Principal Balance. -2- This Note constitutes an issue in the total authorized principal amount of $2,571,700. This Note is issued by the Issuer for the purpose of providing funds to Pheasant Park Apartments, a Minnesota limited partnership (the Owner), to provide construction financing (the Mortgage Loan) for a portion of the cost of the acquisition, construction and equipment of a rental apartment building containing 92 dwelling units and parking and related facilities to be located on land in the City of New Hope, Minnesota (the Project). Such funds are to be applied to such purpose by disbursements made by the Holder to the Agent (as herein defined) pursuant to a Pledge and Disbursing Agreement, dated as of the date hereof (the Pledge Agreement), among the Holder, the Agent and the Issuer, such disbursements to be made to the.Owner by the Agent as provided in a Building Loan Agreement, dated as of the date hereof (the Building Loan Agreement), between the Owner and Northland Mortgage Company, in Edina, Minnesota (the Agent), as agent of the Issuer under an Agency Agreement, dated as of the date hereof (the Agency Agreement), between the Issuer and the Agent. The Mortgage Loan is evidenced by a Mortgage Note, dated as~of the date hereof (the Mortgage Note), in the principal amount of $2,571,700, executed by the Owner and initially endorsed for mortgage insurance by the United States Department of Housing and Urban Development, Federal Housing Administration (HUD), pursuant to the ~provisions of Section 22t(d) (4) of Title II of the National Housing Act in accordance with a Commitment for Insurance of Advances, dated , 1979 (the Commitment), issued by the HUD to Northland Mortgage Company (the Original Mortgagee) and assigned by the Original Mortgagee to the Agent as agent of the Issuer, evidencing HUD's obligation to insure advances made under the Building Loan Agreement (the Contract of-Mortgage Insurance), and secured by a Mortgage (the Mortgage) and a Security Agreement (the Security Agreement), each dated as of the date hereof and each given by the Owner to the Agent. By the Pledge Agreement, the Issuer and the Agent have granted to the Holder, as security for the payment of this Note, a security interest in all of their right, title and interest in .and to the Commitment, the Mortgage Note, the Mortgage, the Security Agreement, the Ruilding Loan Agreement and a Revenue Agreement, dated as of the date hereof (the Revenue Agreement), between the Issuer and the Owner, and the Issuer has directed the Holder to disburse the proceeds of this Note from time to time from -3- the escrow fund established under the Pledge Agreement to the Agent for disbursement to the Owner pursuant to the Building Loan Agreement. ' As provided in the Pledge Agreement, this Note may be assigned by the Holder from time to time by endorsement hereon or by separate written instrument, provided that notice of such assignment shall be given in writing to the Issuer, the Agent and the Owner. In case the Note shall become mutilated or be destroyed or lost, the Issuer shall cause to be executed and delivered a new note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated note, or in lieu of and in substitution for such note destroyed or lost, upon the Holder's payment of the reasonable expenses and charges of the Issuer in connection therewith~ and, in case the Note is destroyed or lost, its filing with the Issuer satisfactory evidence of such loss or destruction. Ail of the agreements, covenants, conditions, provisions and stipulations contained in the Pledge Agreement are hereby made a part of this Note to the same extent and with the same effect as if they were fully set forth herein. The remedies of the Holder, as provided herein and in the Pledge Agreement may be pursued at the sole discretion of the Holder and may be exercised as often as occasion therefor shall occur. The failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Holder shall not be deemed, by any act of omission ou commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. Ail makers, endorsers, sureties, guarantors and other accommodation parties hereby waive presentment for payment, protest and notice of nonpayment and consent, without affecting their liability hereunder, to any and all extensions, renewals, substitutions and alterations of any of the terms of this Note and to the release of or failure by the Holder to exercise any rights against any party liable for payment hereof or any property securing payment hereof. -4- This Note and the interest hereon shall never constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation, and is not payable from or a charge upon any funds other than the revenue pledged to the payment hereof. No Holder of this Note shall ever have the right to compel any exercise of the taxing power of the Issuer to pay this Note or the interest hereon or to enforce payment thereof against any property of the Issuer, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer, except the Revenue Agreement. The agreement of the Issuer to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues of the Project or other funds furnished to the Issuer in accordance with the documents hereinabove referred to sufficient to pay all costs of such performance or the enforcement thereof. It is intended that this Note is made with reference to and shall be construed as a Minnesota contract and governed by the laws thereof. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the Issuer has caused this Note to be duly executed by its duly authorized officers and its corporate seal affixed, a-ll as of December 1, 1979. CITY OF NEW HOPE, MINNESOTA (SEAL) Mayor ATTEST: City Manager -5- RESOLUTION AUTHORIZING PARTICIPATION IN THE SUBURBAN POLICE RECRUITMENT SYSTEM WHEREAS, the City of New Hope is authorized by Minnesota Statute 471.59 to enter into joint and cooperative agreements with other-governmental units; and WHEREAS, this City Council has reviewed a joint and cooperative agreement among suburban municipalities in the seven- county metropolitan area which will establish a Suburban Police Recruitment System; and WHEREAS, the purpose of the Suburban Police Recruitment System will be to recruit candidates for entry-level police positions in the cooperating municipalities and to assist the cooperating municipalities in evaluating can- didates for these positions! and WHEREAS, this City Council has determined that it will be advan- tageous to the City of New Hope to participate in the Suburban Police Recruitment System; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota as follows: 1. The Mayor and the City Manager hereby are authorized to execute the Joint and Cooperative Agreement which establishes the Suburban Police Recruitment System and which provides for City membership in said System. 2. Harlyn G. Larson and Colin Kastanos hereby are desig- nated as the City's initial Director and Alternate Director in the Suburban Police Recuitment System. 3. The City Clerk hereby is directed to file an executed copy of the Joint and Cooperative Agreement as pro- vided therein, together with a certified copy of this Resolution. Adopted by the City Council this 10th day of December, 1979. ATTEST: .. Ci t~ C1 erk RESOLUTION ESTABLISHING SERVICE CHARGES FOR STREET LIGHTS WHEREAS, the City has used a service charge to raise money to cover the cost of street lighting, and WHEREAS, the charge has not been adjusted for several years, but now is in need of adjusting, and WHEREAS, the Council finds that the service charge is still the best method of financing street lights, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota that beginning January 1980 the charge for regular street lights shall be $5.60 per business, commercial or residential units per year billed quarterly with the water and sewer bill with the charge for areas with ornamental street lighting to continue at $8.60 per year billed as for the areas with regular light- ing. Adopted this 10th day of December 1979. ~ ~ Mayor ATTEST ~ ~~ Cl er~ Treasurer RESOLUTION ESTABLISHING MEETING DATES FOR CITY COUNCIL AND HRA WHEREAS, the City Council earlier established December 31, 1979 as an alternate date for the second Council meeting of Decem- ber, and WHEREAS, it has now been necessary to call an HRA meeting for the latter part of December, 1979 and WHEREAS, both of these meetings shall be of relatively short time duration, and WHEREAS, the evening of December 26, 1979 appears to be the best time for holding such meetings, NOW, THEREFORE, BE IT RESOLVED that the City Council, City of New Hope, Minnesota hereby amends its earlier act and esta- blishes the date of December 26, 1979 at 5:45 p.m. as the date for the second Council meeting of the month, and FURTHER that the Council will meet at 6:00 p~m. on December 26, 1979 in its role as the HRA for the City to hold a special meeting to consider such items of business as may be pro- perly brought before the HRA at that time. Adopted this 10th day of December, 1979. ~// Mayor ATTEST ~ ~~ City/Cl~rk-~reasurer RESOLUTION DISCLAIMING INTEREST IN EASEMENT DOCUMENTS BE IT RESOLVED by the City Council of the City of New Hope, Minnesota as follows: WHEREAS, the City of New Hope is the grantee as to certain easements designated in Documents 3267848 and 3267071, files of Hennepin County Recorder, and WHEREAS, a question as to the intent of the parties has been raised as to the interpretation of said Documents 3267848 and 3267071, and WHEREAS, it was and is the clear intent of the City of New Hope that said documents grant to the City only temporary slope easements, which were intended to expire on July 1, 1961. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, that the City of New Hope, Minnesota disclaims any and all interest in those certain Documents numbers 3267848 and 3267071, files of Hennepin County Recorder, and any purported continuing easement rights therein are declared to be released and of no force and effect. Dated this ~ day of December, 1979. Edw. ~&/l~ickson, Mayor Attest: ~ B e'~ P~(~liot, Clerk-Treasurer (Seal) RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES WHEREAS, the Minnesota Government Data Practices Act, Minnesota Statutes, Sections 15.1611 to 15.1698 as amended, requires that this City appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, government data, and summary data, with- in this City and, WHEREAS, the City Council is concerned with the responsible use of City data and wishes to satisfy this concern by immediately appointing an administratively qualified Responsible Authority as required under the Act and assigning duties to that person; WOW, THEREFORE, BE IT RESOLVED by t~e Cit~y Council of New Hope, Minnesota: 1. The City Council of New Hope, Minnesota appoints Betty Pouliot as the Responsible Authority for the purposes of meeting all requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Section 15.1611 through 15.1698, as amended. 2. The Responsible Authority may designate a city employee or em- ployees to assist in the administration and enforcement of the duties of the Responsible Authority and to be in charge of indi- vidual files or systems containing government data and to receive and comply with requests for government data. If the Responsible Authority appoints a designee or designees~ this appointment must be in writing, and the City Council shall be provided a copy of the appointment. If designees are appointed,the Responsible Authority shall instruct the designees in the requirements of ad- ministering and enforcing the Minnesota Government Data Practices Act. 3. The duties of the Responsible Authority and designees are as follows: a. The Responsible Authority shall keep records containing government data in such an arrangement and condition as to make them easily accessible for convenient use by the public. Photographic, photostatic, microphtographic, or microfilmed records shall be considered as accessible for convenient use regardless of the size of these records. b. The Responsible Authority shall establish procedures to insure that requests for government data are received and complied with in an appropriate and prompt manner. c. The Responsible Authority or designee shall, upon request by any person, permit that person to inspect and~copy government data during the normal business hours of the City.and at places provided by the Responsible Authority, and if the per- son requests, that person shall be informed of the data's mean- ing. The Responsible Authority or designee shall provide copies of government data upon request. The Responsible Authority or designee shall require the requesting person to c. pay the actual cost of making, certifying and compiling the copies. If the Responsible Authority~or designee is not able to provide copies at the time a request is made, the Responsible Authority or designee shall supply copies as soon as reasonably possible. If the Responsible Authority or designee determines that the requested government data is classified so as to deny the requesting person access, the Responsible Authority or desig- nee shall so inform the requesting person orally at the time of the request, and in writing as soon thereafter as possible, and shall cite the statute, temporary classification, or federal law upon which the determination is made. d. The Responsible Authority shall prepare a public document con- taining his name, ti.tle and address, and a description of each type or record, file, or process relating to private or confi- dential data on individuals retained by the City. Forms used to collect private and confidential data shall be included in this document. The Responsible Authority shall update the public document annually and make any changes necessary to maintain the accuracy of the document. e. The Responsible Authority shall establish procedures to assure that all data on individuals is accurate, complete, and current for the purposes for which it was collected; and establish ap- propriate security safeguards for all records containing data on individuals. f. The Responsible Authority or designee shall prepare summary data from private or confidential data on individuals upon the request of any person, provided that the request is in writing and the cost of preparing the summary data is borne by the re- questing person. The Responsible Authority may delegate the power to prepare summary data to the administrative officer re- sponsible for any central repository of summary data: or to a person outside of the city if the person, in writing, sets forth his purpose and agrees not to disclose, and the Responsible Au- thority reasonably determines that the access will not compro- mise private or confidential data on individuals. g. The Responsible Authority shall prepare a public document set- ting forth the rights of the data subject pursuant to the Minnesota Government Data Practices Act and the specific pro- cedures in effect in the city for access by the data subjects to public or private data on individuals. h. The Responsible Authority or designee shall allow another Res- ponsible Authority or designee access to data classified as not public only when the access is authorized or required by statute or federal law. The Responsible Authority or designee when sup- plying government data under this provision may require the re- questing Responsible Authority to pay the actual cost of supplying the data. i. The Responsible Authority shall, when appropriate, apply to the Commissioner of Administration for permission to classify temporarily data or types of data on individuals as private or confidential, or data not on individuals as non public, on a temporary basis until a proposed statute can be acted upon by the Legislature. j. Upon request to the Responsible Authority, or designee, any individual must be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon further request, the individual who is the subject of stored private data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. The Responsible Authority or designee shall provide copies of the private data upon request by the individual subject of the data, and the cost of providing copies shall be borne by the indivi- dual. The Responsible Authority or designee shall comply imme- diately, if possible, with any request made by an individual under this paragraph, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If the Responsible Author- ity or designee cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request excluding Saturdays, Sunday and legal holidays. k. If an individual contests the accuracy of completeness of public or private data concerning himself, and notifies in writing the Responsible Authority describing the nature of the disagreement, the Responsible Authority shall within thirty days either cor- rect the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, in- cluding recipients named by the individual; or notify the indi- vidual that the Responsible Authority believes the data to be correct. Data which is in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. 4. This resolution implementing the Minnesota Government Data Practices Act shall remain in force and effect until modified by the City Council. Adopted by the City Council of the City of New Hope this 26th day of Decem- ber, 1979. ~.~ /~' ~L~. Mayor ATTEST: ~-Treasurer