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1978 RES & ORD MISSING FROM EXTRACT BOOK AS OF 7-19-78 Extract Council Council Book Meeting Minutes page No. Title Date Page. No. 34 Resolution Giving Preliminary Appro~gy~l 3-27-78' 3 to a~P.r.Q_posed Industrial. Deve~]~>p~li6~t Project~Munici~j:~ndustrial Development Act, Au~ng Submission of an Applicati~o the Cbn~q~ssioner of Securit~"s~l Thereo~'~nd Author~' g the Preparation of DoCuments ~s in Connection with the ~j>i~oject. ' 35 Resolution Giving Preliminary Approval 3-27-78 3 to a Project Under the Municipal Indust- rial Development Act, Referring the Pro- posal to the Minnesota Commissioner of Securities for Approval, and Authorizing Execution of a Memorandum of Agreement and Preparation of Necessary Documents 80 Resolution Authorizing the Acquisition, 4-24-78 5 Construction and Leasing of a Project Under the Minnesota ~unicipal Industrial Development Act and the Sale and Issuance of Industrial Development Revenue Bonds to Finance the Project,.Secured by a Pledge and Assignment of Revenues Thereof and a Mortgage of the Project to a Trustee 113 Resolution Authorizing Commercial Develop- 5-22-78 12 ment Revenue Note of 1978, Kadek Enterprises Project 124 Resolution on Minnesota's Park and 6-12-78 11' Recreation Week - June ll Thru June 18, 1978 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 author- ized to request and obtain from the Minnesota Department of Transportation, needed engineer- ing and technical services during the year of 1978, for which payment will be made by the municipality upon receipt of verified claims from the Commissioner of Transportation. 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 (11/76) Tech- nical and Engineering Assistance Agreement which is hereby approved. Adopted this 9th day of January 1978. e%/ _TrCasurer .... ORDINANCE NO. 78- ] AN ORDINANCE AMENDING ORDINANCE 72-28 BY ESTABLISHING SAC CHARGES FOR 1978 AND 1979 AND BY CODIFYING THE SAME City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Ordinance 72-28 of the City of New Hope, passed on December 29, 1972 is hereby codified as Section 5.135 of the City Code. Section 2. Section 2 "Establishment of Charges" is amended by changing the unnumbered third paragraph of said ordinance to read as follows: The charge for each building or structure shall be equal to the number of units of sewage volume which it will' discharge, multiplied by $400 for 1978 and $425 fo{, 1979. A unit of sewage volume shall be 100,000 gallons per year and shall be assigned as follows: (The balance of Section 2 is unchanged) Section 3. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the 9th day of January ,1978. // Edw. ~/x~ric~son, ~vlayor / Attest: ~ getty P~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ] 9th. day of JammnUar¥ , 1978. RESOLUTION PROVIDING FOR SALARY INCREASE FOR 1978 FOR CITY MANAGER WHEREAS, the City Council has reviewed and adjusted wages and salary for most City employees for 1978, and WHEREAS, the employment contract between the City and the City Manager requires that the Manager's salary be reviewed at the same time as such a review is made of other employees, and WHEREAS, the salaries of other comparable positions in area communities have been reviewed, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota that effective January 1, 1978 the current City Manager shall receive a salary adjustment for 1978 of 8%. Adopted this 9th day of January, 1978. ATTEST: ~'r'easu'rer· ~ ~ RESOLUTION APPOINTING CITY ENGINEER FOR SANITARY SEWER AND WATER WORK BE IT RESOLVED, that the firm of Orr-Schelen-Mayeron and Associates, Inc. is hereby desig- nated to serve as the City Engineer for sanitary sewer and water construction and general engineering in the same area during the year 1978, and BE IT FURTHER RESOLVED, that payment for services shall be as set forth in the Agreement for Engineering Services dated 9th January, 1978 for general work and the agreement dated January 10, 1968 for construction project work and that the Mayor and City Manager are hereby authorized and directed to execute the January 9, 1978 document on behalf of the City. Adopted by the City Council the 9th day of January, 1978. ~// ~ - ~/ Mayor ATTEST: ~~C~ RESOLUTION APPOINTING CITY ENGINEER FOR STREET, STORM SEWER AND GENERAL WORK BE IT RESOLVED, that the firm of Bonestroo, Rosene, Anderlik and Associates, Inc. is hereby designated to serve at the City Engineer for streets, storm sewers and general work for the City of Wew Hope, Minnesota, during the year 1978, and BE IT FURTHER RESOLVED that payment for services shall be as set forth in the contract dated January 1, 1974 and Schedule B transmitted to the City on March 8, 1976. Adopted by the Council on this 9th day of January, 1978. /× Edward~Erickson, Mayor ATTEST: ~~~ ~Bettg~/Pouliot, Clerk-Treasurer 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 1978. Adopted by the Council this 9th day of January 1978. 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 cor- rect copy of a resolution duly adopted by the Council of the City of New Hope at its meeting on January 9, 1978 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 9th day of January 1978. ~k-~reasurer 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· ~hat the New Hope State Bank is hereby designated as the depository for the City Payroll and General Fund Accounts, effective January 1, 1978. 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 ~herwithdrawal orders on funds deposited in such account or accounts may be signed by any three of the fol- lowing: 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. Northway, 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 otherwise applied to ~is individual account or benefit· and that sigl~tures of ~- aforementione~ officers or persons shall be as follows: /.' ,,, /.... · _. ~ , City Manager; · Finance Director: "~ .......... . .. , City Treasurer · 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 rescission has been furnished and received by said bank. '~7~-TREASURm J J ' MAYOR '' RESOLUTION DESIGNATING ADDITIONAL DEPOSITORIES FOR FUNDS OF THE CITY OF NEW HOPE PERTAINING TO INVESTMENTS 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: First Robbinsdale State Bank Minnesota Federal Savings and Loan Association First National Bank of Minneapolis The First National Bank of St. Paul Guaranty State Bank of Robbinsdale Midwest Federal Farmers and Mechanics Savings Bank of Minneapolis Merrill Lynch Pierce Fenner & Smith, Inc. 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 9th day of January 1978. ATTEST: RESOLUTION DESIGNATING 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 9th day of January, 1978. ATTEST: ~~ '~/poUliot, ~ie~k-Treasurer 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 1978. Adopted by the Council this 9th day of January, 1978. ATTEST: ~~~__~~~d~ar~ ~i~son , Mayor ~y P~liot, Clerk-Treasurer 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 9th, 1978 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 9th day of January 1977. yPouliot, Clerk-Treasurer RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN SANITARY DISPOSAL AUTHORITY BE IT RESOLVED by the City Council of the City of New Hope, Minnesota as follows: Councilperson W. Peter Enck is~hereby designated as Director of the Suburban Sanitary Disposal Authority and Councilperson Hokr is hereby designated to serve as Al- ternate Director of the Suburban Sanitary Disposal Authority for the year 1978 and until their successors are appointed. Adopted by the Council this 9th day of January 1978. /~.J~ Edw~ J. Erickson, Mayor ATTEST: ~~/i~~ ~' Betty P~liot, Clerk-Treasurer 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 9, 1978 as the same is recorded in the minutes of the meeting of such Council for said date, on file and on record in my office. Dated this 9th day of January 1978. B~ty ~uliot, Clerk-Treasurer 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 1978. Adopted by the Council this 9th day of January 1978. .// E~ward~'r ckson, Mayor ATTEST: ~~liot, Clerk-Treasurer STATE OF MINNESOTA COUNTY OF HENNEPIN SS. CITY OF NEW HOPE I, the undersmgned, 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 9th, 1978 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 9th day of January 1978.  ~ouliot, Cl~rk-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 1978, 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 9th day of Ja .' 978. ATTEST: '~' Bett~uliot, Clerk-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 9, 1978, 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 9th day of January 1978. ORDINANCE NO. 78-2 AN ORDINANCE AMENDING ORDINANCE 77-25, AS PUBLISHED. City of New Hope, Minnesota. The City Council of the City of New Hope ordains: ~ection 1. Ordinance 77-25 of the City of New Hope, as published in the New Hope-Plymouth Post December 22, 1977, is hereby amended by inserting immediately following Subd. (1) as published, and just before the line reading "Installation, Ownership and Control" the following wording: Section 2. Section 5.168, Subd. (2), Section 2. Effective Date. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the 9th day of B'et~is~Iiot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ] 9th day of January , 1978.) A RESOLUTION SUPPORTING THE CONTINUATION OF TAX INCREMENT FINANCING WHEREAS, The City Council of the City of New Hope has been made aware of an apparent effort by certain members of the Minnesota Legisla- ture to amend or delete current state law permitting the use of Tax Increment Financing to redevelop substandard and dilapidated areas of a community, in order to provide new housing and to curb blight, and WHEREAS, the City of New Hope is in the process of developing projects to provide decent housing for lower income members of the community, and WHEREAS, the Tax Increment Financing program is a vital tool in the com- munity's ability to meet the needs of the community in providing housing and curbing blight, and WHEREAS, Tax Increment Financing is one of the few tools available to a community under which the local government can plan and provide its own local solutions to these types of problems while actually increasing its tax base, and WHEREAS, changes may be needed in current enabling legislation, but such changes should be developed from current users of this method of financing, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, Minne- sota that: 1. The Minnesota Legislature is urged to continue the current system of Tax Increment Financing in order to make available to the local governments the ability to provide housing, to provide job opportunities and to use local plans and financ- ing to do so. 2. If changes are to be made they should be based on the recom- mendations of the League of Minnesota Cities whose members are familiar with the use of this type of financing. 3. The City Clerk is hereby authorized and directed to send a copy of this resolution to all members of the legislature from the New Hope area. Adopted this 23rd day of January, 1978. j~2 ~ / ~ ~ Mayor ATTEST: ~y ~lerk-Treasurer A RESOLUTION IN SUPPORT OF EARLY IMPLEMENTATION OF A LAND APPLICATION FOR EXCESS SLUDGE WHEREAS, the question of reissuance of a discharge permit for the Metro Plant of the Metropolitan Wastewater Control Commission is now being heard, and WHEREAS, the Metro Plant is in the process of upgrading its facilities in order to comply with updated standards- of discharge, and WHEREAS, current deficiencies will take several years to be com- pletely corrected, and WHEREAS, the operation of this plant and its availability to serve is vital to the health and welfare of the people and industry of the metropolitan Twin City area, and WHEREAS, there is an interim solution, that of on-land disposal available, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, Minnesota that the City of New Hope go on record as supporting the Metropolitan Wastewater Control Com- mission proposal to establish a land application program for excess sludge from the Metro Plant and does hereby urge the Metropolitan Council to take rapid action to implement such a program and that the discharge permit be reissued based on the implementation of the land disposal system. Adopted this 23rd day of January, 1978. A RESOLUTION AUTHORIZING SUBrIISSION 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 COMMUNITY 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 a community development program, including appropriate citizen participation, goal establishment and implementation plans and procedures, NOW, THEREFORE, BE IT RESOLVED THAT City Council, City of New Hope, Minnesota does hereby adopt the proposed Community Development 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 23, 1978. ATTEST: ~~ ix" j Mayor ~---:-~x/C1 erk"Treasurer ORDINANCE NO. 78-3 AN ORDINANCE AMENDING SECTIONS 4.42, 4.43, 4.44, and 4.23 OF THE ZONING CODE BY PROVIDING FOR COMMERCIAL RECREATION IN INDUSTRIAL ZONES. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.42 of the City Code entitled Why Certain Uses Require Special Use Permits is hereby amended by the addition of the following wording at the end of Subd. (3), Industrial Districts: However, certain commercial recreation uses, because of potential traffic generation, noise, glare, hours or other possible nuisance characteristics, are not always suitable for close proximity to residential districts of varying densities. Such uses frequently require a certain degree of isolation such as may be obtainable in industrial districts if they are to be permitted in the community at all, and careful regulation by special use permit in industrial districts may permit such uses to contribute to the well-being of the community without undue deleterious effect upon efficient utilization of land within the City. Section 2. Section 4.43 of the City Code entitled Criteria for Granting Special Use Permits is hereby amended by the addition of the following sub- paragraph 3 (c) under the heading (3) In Industrial Districts: (c) If the proposed use is for commercial recreational purposes (the Council shall find) that: (i) The site of the proposed use has direct access to an arterial street as defined in Chapters 13.01 (21) and 4.23 (4) of the City Code, without utiliZing public st~reets of a lower traffic handling classification to reach the arterial street, and (ii) The outside perimeter of the site, as legally described, is · . . 500 feet or more from the boundary of an SR, TR or MR zoning classification, or · . . separated from the boundary of any such zone by an arterial street, railroad or similar physical structure, or · . . separated from the boundary of any such zone by then existing GI, LI, GB, LB or RB development. Section 3. Section 4.44 of the City Code entitled Listing of Special Uses is hereby amended by the addition of the following subparagraph (5) (j) under the heading In Industrial Districts: (j) Commercial recreation (sUch as bowling alley, pool hall, dance hall, skating, trampoline, tennis, handball, racquet ball, swimming, golf~ and other participant sports of a similar nature). Section 4. Section 4.23 of the City Code entitled Exceptions and Additions to 'Minimum Requirements is hereby amended by adding Subd. (13) as follows: Subd. (13) Commercial Recreation Site Development Criteria in Industrial Districts. The following criteria shall serve as guides for consideration of approval or r~ection, of site plan development for commercial recreation sites in industrial zones (LI and GI). __ a. The architectural appearance and functional plan of the ....... building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. b. Parking areas shall be screened from view of residential districts and shall be curbed with continuous concrete curbs not less than six inches high above the parking lot or driveway grade, at the curb line. c. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. d. Ail lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use. -2- e. The entire area other than that occupied by buildings, structures or plantings shall be surfaced with a bituminous or concrete material ~which will control dust and drainage. The material and grading shall be subject to the approval of the City Engineer. f. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to approval by the City. Section 5. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the 27~;h day of February , 1978. Attest: ~~/~~ ~B~uliot, Clerk-Treasurer (Published in the New hope-Plymouth Post the 9th day of ~.arch , 1978.) -3- A RESOLUTION ADOPTING 1978 SALARY SCALES FOR FIRE DEPARTMENT PERSONNEL WHEREAS, the 1978 City Operating Budget as adopted included a salary appro- priation for adjustment of salary for the City of New Hope's part- time fire department personnel~ NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope that the following salary plan be adopted for the part-time fire department: 1. The total of $55,000 is hereby appropriated for payment of wages to part-time fire department personnel for the period December 1, 1977 through November 30, 1978. Total payments shall not exceed this amount. 2. Regular positions shall be paid the following rates for their work not associated with alarm or drill pay: Assistant Chief $185.00/month Engineer II 4.50~hour Engineer I 4.50~hour Custodian 4.50~hour Secretary 2.30~hour 3. Alarm and training wages shall be paid to all part-time personnel based on: a) Standby wages shall be $10.00 per shift per person on standby shifts at the station. b) Training drills shall be reimbursed at the rate of $1.00 per hour to members required to attend. c) Payment for responding to calls shall be made at the rates shown below. The basic payment shall be for the first two hours of each alarm. Any hour or part of an hour over the ini- tial two hours shall be reimbursed to personnel on duty at the rate of $4.00 per hour or portion of hour. Officers $8.00 per first two hours of duty.* F.M.O.'s $7.00 per first two hours of duty.* Firefighters $6.00 per first two hours of duty.* Probationary F/F $3.00 per first two hours of duty.* Rescue Calls $7.00 per call.* d) Wages for the first six months as defined in Section 4 below, are to be paid at the ratio shown. Wages for the second six month period shall be adjusted to coin- cide with the balance of the dollar amount shown in Section 1 above. *In the case of additional alarms received while on duty, members will be paid for a new alarm call only when the Fire Department has, as certified by the officer in charge, cleared the scene of the original alarm. - 2 - 4. Wages for alarms and training shall be paid on a semi-annual basis: December 1, 1977 through May 31, 1978 and June 1, 1978 through November 30, 1978. 5. If a member resigns or terminates his membership in the department at any time during the year, he will be paid 75% of wages earned to date of termi- nation. The remaining portion shall be paid after November 30th, and shall be adjusted as in Section 3D above. Adopted this ~th day of February, 1978. ATTEST: ~~ ~ tty Pouliot, Clerk-Treasurer RESOLUTION IN FULL SUPPnRT OF THE ACTIVITIES AND LEADERSHIP PR~VIDE~ BY THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL WHEREAS, this City Council is in full support of the activities and leadership provided by the Northwest Hennepin Human Services Council; and, WHEREAS, this Council feels that these activities have had a positive impact on the development and delivery of human services in our community; and, WHEREAS, this planning activity has been delegated to Hennepin County by state legislation and has been responsibly and effectively carried out through community planning boards~ NOW, THEREFORE BE IT RESOLVED, by the City Council of New Hope, that,' 1. This Council recommends that a strong human services planning board be maintained; 2. That the most appropriate funding mechanism is through Hennepin County.~ and 3. That this Council urges the County Board to continue fund-- ing as they have in the past. Adopted by they Council this 27th day of February, 1978. ATTEST:~_~ /.,~ -' E~-J~. Ericks°n, ~.aYor Betty~6Ol iot~ City Clerk-TreaSur'e~ A RESOLUTION REGARDING SCHOOL FEES WHEREAS, the City Council, City of New Hope, Minnesota, is concerned about the quality of education provided in District #281, and WHEREAS, it is felt that a strong program of extra curri- cular activity is vital to the quality of education, and WHEREAS, the District has found it necessary to begin major cut backs in its current program of extra curri- cular activity because of financial limitations, and WHEREAS, there apparently is no authorization for the District to levy direct charges for the cost of the activity against those students involved even where they are willing and able to pay, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, Minnesota that: 1. The Council does hereby petition the New Hope area State Legislative Delegation to introduce legislation that will enable school districts to determine and levy service charges for extra curricular activities as defined by the School Board. 2. The City Clerk is hereby authorized and directed to distribute copies of this resolution to the area Legislators and members of the #281 School Board. Adopted this 27th day of February, 1978. RESOLUTION AUTHORIZING SALE OF MUNICIPAL LIQUOR ESTABLISHMENTS AT 7180 - 42ND AVENUE NORTH AND NEW HOPE SHOPPING CENTER (4215 WINNETKA AVENUE NORTH) BE IT RESOLVED by the City Council of the City of New Hope, County of Hennepin, State of Minnesota, as follows: 1. This Council has heretofore authorized the sale of its municipal liquor operations, and has authorized the Mayor, Manager and appropriate other officials and employees to do all things necessary to effect and com- plete the following sales: a. The sale of the on-sale of the liquor operation at 7180 - 42nd Avenue North, New Hope, Minnesota to PARO, Inc. b. The sale of the off-sale liquor operation at 4215 Winnetka Avenue North, New Hope, Minnesota to John E. Walsh. 2. Supplementary thereto, as to la, above, this Council specifically authorizes the execution and delivery of a Bill of Sale to the said John E. Walsh, as well as a waiver of compliance with the bulk sales law and agree- ment of indemnification to the buyer, as well as all other documents necessary to effectuate said sale. 3. As to lb, above, this Council specifically authorizes the execution and delivery of a Bill of Sale as to the personalty at 7180 - 42nd Avenue North, a Contract for Deed in the amount of $180,000, and a waiver of the bulk sales law, including an agreement of indemnification of the buyer, plus any and all other documents necessary or desirable to complete this sale. Dated this /S day of March, 1978. Attest: ~..~~ /~- Mayor ORDINANCE NO. 78-4 AN ORDINANCE AMENDING CHAPTER 10 OF THE CITY CODE REGULATIHG THE SALE AND CONSUMPTION OF INTOXICATING LIQUORS IN THE CITY OF NEW HOPE BY REPEALING SECTIONS 10.02 THROUGH 10.08 OF THE CITY CODE RELATING TO MUNICIPAL OPERATION. 'City of New Hope The City Council of the City of New Hope ordains: Section 1. Sections 10.02 through 10.08 of the City Code relating to municipal operation of liquor stores in New Hope are hereby repealed. Section 2. This ordinance shall be effective on the 15th day of March,' '1978. Passed by the City Council of-the City of New Hope the 13th day of March, 1978. ~-~ E ~ d. Erickson, Mayor Attest; ~Tet~o~liot, City Clerk-Treasurer RESOLUTION AUTHORIZING PARTICIPATION IN A JOINT AIRPORT ZONING BOARD WHEREAS, the Metropolitan Airports Commission, hereinafter called the municipality, owns and controls Crystal Airport, a public airport located in Hennepin County~ and WHEREAS, portions of the airport hazard area to such airport a~e located within the territorial limits of this City; and WHEREAS, the above municipality has requested in writing that this City join with them and with the Cities of Brooklyn Park, Brooklyn Center and Crystal, all in Hennepin County, Minnesota in the creation of a Joint Airport Zoning Board; and WHEREAS, this City deems it necessary and expedient to participate in such a Joint Airport Zoning Board in cooperation with the Airports Commission and the Cities of Brooklyn Park, Brooklyn Center and Crystal pbrsuant to Minn. Stat. 360.063, subd. 3, and other applicable laws, for the purpose of establishing, administering and enforcing zoning laws for the areas surround- ing the airport and for the protection of the airport and the public; and WHEREAS, the above statute provides that this-City has the right to appoint two persons to said Board (said persons need not be members of this Board); and WHEREAS, subd. 8 of Section 32 of the Appropriations Bill passed by the Minnesota Legislature effective July 1, 1973, provides that no moneys shall be expended by the Commissioner of Aeronautics of the State of Minnesota to improve and maintain an airport unless the governmental unit owning the airport has or is establishing a zoning authority for the airport. NOW, THEREFORE, BE IT RESOLVED by the undersigned City of New Hope as follows: 1. That there be hereby created in cooperation with the Metropolitan Airports Commission and the Cities of Brooklyn Park, Brooklyn Center and Crystal a Joint Airport ZoninQ Board to be composed of representa- tives of the undersigned City and'representatives of the other four municipalities pursuant to Minn. Stat.'360.063, subd. 3. 2. That the undersigned City hereby appoints Harlyn G. Larson, City Manager and William Barber, Building Official, to be their representatives on said Board, said persons to serve for an indefinite term until they resign or are replaced by the under- signed City. Adopted this 13th day of March, 1978. Attest: I hereby certify that the foregoing resolution is a true and correct copy of the original resolution passed and now on file in my office and is recorded in the official records. ~~e Cit~ Clerk-Treasurer A RESOLUTION ASKING FOR WITHDRAWAL OF FUNDS FROM COMMUNITY DEVELOPMENT CONTINGENCY FUNDS WHEREAS, the City of New Hope, through Hennepin County, has now been informed that its proposal to finish the third floor of the ice arena for use by certain community and area groups is an eligible project for funding under Year III Funding, and WHEREAS, the necessary funds have been set aside in a Contingency Fund pending the eligibility de- termination, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, Minnesota that the amount of $88,787 be withdrawn from the Year III Hennepin County Urban County Contingency Fund so as to be avail- able for use as the project is worked on, and That the City and County staff be directed and authorized to take such action as is necessary to effect the with- drawal from the Contingency Fund. Adopted this 13th day of March, 1978. ATTEST: Cl~y C~erk Treasurer ORDINANCE NO. 78-5 AN INTERIM ORDINANCE FURTHER EXTENDING THE RESTRICTIONS ON THE ISSUANCE OF BUILDING PERMITS AND THE ACCEPTANCE OF APPLICATIONS FOR MULTIPLE RESIDENTIAL DEVELOPMENTS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 3.15 (1) MR Permits, Suspension is hereby further amended to read as follows: Subd. (1) MR Permits, Suspension. No building permi't shall be issued before June 29, 1978 for the construction of multiple residence (MR) units which have not heretofore been approved for construction by the City Council. This expiration date is subject to revision upon approval by the City Council of either its existing Comprehensive Zoning Plan after completion of the review of same, or upon the adoption of a new Comprehensive Zoning Plan by the City Council. Section 2. This ordinance s. hall be effective upon its passage and publication. Passed by the City Council of the City of New Hope this 13th day of March, 1978. ./ Edward~.~ Erickson, Mayor B~tty P~ot, City Clerk-Treasurer Published in the New Hope-Plymouth Post the 23rd day of March, 1978. t A RESOLUTION ADOPTING GUIDELINES FOR MUNICIPAL IWDUSTRIAL DEVELOPMENT BONDS WHEREAS, the City of New Hope has in the past received several re- quests to issue Industrial Development Bonds as authorized by Chapter 474, Minnesota Statutes, entitled the Municipal Industrial Development Act, and WHEREAS, these requests have indicated that there is a growing inter- est in the use of this type of financing, and WHEREAS, it may not be in the best interest of the City to participate in this type of financing if the industrial or commercial development pro- posed does not contribute to raising the quality of life in the City, and WHEREAS, it is desirable that guidelines be adopted to be utilized by companies proposing Industrial Development Bonds and by the City in consider- ing arf-i-n-d~-~r~'s request, NOW,.THEi~EFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota: That the following guidelines be utilized when considering a request for issuance of Municipal Industrial Development Bonds. 1. The industrial or commercial enterprise shall be compatible with the overall development plans and objectives of the Cit~ as specified in Report No. 4, May, 1976 Community De- velopment Plan. 2. The business shall be of a nature that the City would wish to attract, or an existing business the City would desire to have expand within the City° Desirability shall be mea- sured in terms of~ a) A significant number of new jobs for the City. b) Generation of limited amounts of truck traffic. c) The direct benefit to the City's citizens. d) Retention of employment which might otherwise leave the community. e) Competition with existing retail establishments will be discouraged except for purposes of redevelopment. f) Special construction and built-ins suitable only to one industry or business will not be included in the financing. g) Wo tax exempt enterprise shall be considered for Industrial Development Bond financing. BE IT FURTHER RESOLVED THAT: 1) A company seeking Industrial Development Financing shall peti- tion the City for the project on City forms, paying a deposit of $2,500 to assure payment of all City consultant costs in re- viewing the project and outlining its project in relation to Items i and 2 above. BE IT FURTHER RESOLVED THAT upon acceptance of the petition the City shall agree to consider this method of financing with the right to approve or reject any proposed project depending on the information provided in response to the items listed below: 1) A complete set of audits by a certified CPA or approved qualified public accounting firm for three (3) previous years shall be pro- vided if available for review by the City's consultants and/or certified personal net worth statements of the principals. 2) A copy of Dun and Bradstreet's most recent Rating Report shall be provided for review by the City's consultants. 3) If the applicant is an established firm, it shall be found that the net revenues, before deducting depreciation and interest charges on existing debt (and/or lease rentals on other equipment and facili- ties) and Federal and State income taxes, shall have been, for the last two (2) previous accounting years, not less than 1 1/2 times the annual principal and interest due on the applicant's debt now outstanding) and the principal and interest payments on the bonds proposed to be issued. If the project does not have the two pre- vious accounting years to use for the base, pro forma projections shall show not less than 1 1/2 times cover. If the applicant is a new enterprise its financial projections shall show the same level of coverage. It is recognized that cir- cumstances may, in an individual case, permit less coverage. There- fore, the City is willing to review proposals not meeting this cri- teria if the individual case facts justify less coverage. 4) The fair market rental value of the building must be equal to or exceed the total amount of bonds and interest due. An appraisal may be required to verify fair market rental value. 5) All administrative, legal, planning, fiscal, appraising and any other expenses incurred by the City in connection with the proposed project will be paid by the applicant whether or not the bonds are issued. 6) The applicant shall select, at its expense, underwriters to prepare all necessary documents and materials required for the bond sale. The underwriter shall employ its own counsel. The City reserves the right to reject an underwriter at its sole discretion. 7) The City shall select bond counsel for the project. The fees of bond counsel shall be paid by the applicant. DOPTED TH S DAY OF 2978. V erk-Treasurer .PETITION FOR CONSIDERATION OF INDUSTRIAL REVENUE BONDS TO: Honorable Mayor and City Council: The undersigned petition (s) the City of New Hope for consideration of the sale of its Industrial Revenue Bonds under M .S. § 474 in the estimated amount of $ for the following project: It is understood that prior to any commitment on the part of the City, certain fiscal consultant and legal expenses will be incurred by the City, and the undersigned guarantee that these necessary, usual and reasonable ex- penses will be paid by the undersigned on behalf of the City. As security for these expenses, the sum of $2,500 is enclosed herewith, with the under- standing that this deposit will be returned upon proof of payment of said expenses, or, if the City deems it expedient to cause such expenses to be paid from the deposit, the balance not so spent shall be refunded. Dated the ~ day of , 19 . Extract of Minutes of Meeting of the City Council of the City of New Hope, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of New Hope, Minnesota was duly held at the City Hall, 4401 ~ Xylon in said City on avenue North Monday , the 27th day of March, 1978, at 7:00 o'clock BM. The following Councilmen were present: Erickson, Enck, Hokr, Otten and the following were absent: Plufka Councilman Enck introduced and read the following written resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilman Otten , and upon vote being taken thereon the following voted in favor thereof: Erickson, Enck, Hokr, Otten and the following voted against the same: None (Plufka absent) whereupon said resolution was declared duly passed and adopted. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT Resolved by the City Council of the City of New Hope, as follows: 1. There has been presented to this Council a proposal by David A. Demeules and Lawrence T. DeMeules (the "Owners"), who own all the outstanding capital stock of Standard Iron & Wire Works, Inc., a Minnesota corporation (the "Corporation") that the City undertake a project pursuant to the Minnesota Municipal Industrial Development Act (Minnesota Statutes, Chapter 474), to provide financing for acquisition of land and constructing and equipping an office and warehouse buildin9 to i~e used in connection with the Corporation's metal fabrication business (the "Project"). Under the proposal, the Project will be owned by the Owners and leased to the Corporation; the Owners will enter into a loan agreement with the City upon such terms and conditions as are necessary to produce income and revenues sufficient to pay, when due, the principal of and interest on up 'to approximately $600,000 Industrial Development Revenue Bonds.of the City to be issued pursuant to said Chapter 474, Minnesota Statutes, to provide monies for the Project; the Owners Will mortgage the Project and assign the lease; and the City will pledge its interest in the loan agreement to secure the bonds. 2. It is hereby found, determined and declared that 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, agriculture and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the retention and development of industry to use the available resources of the community in order to retain the benefit of its existing investment in educational and public service facilities, by 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; and the more intensive development of land avail~ able in the area to provide a more adequate tax base to finance the cost of governmental services in the City, County and School District where the Project is located. 3. The Owners have entered into preliminary discussions with the North American Office of the Northwestern National Bank of Minneapolis (the "Bank"), and the Bank has indicated its intent to purchase the Bonds. T. G. Evensen & Associates, fiscal con- sultants to the City, have reviewed financial materials submitted by the Owners and the Corporation and have reported that the Project and the sale of the bonds therefor are feasible. 4. The Project is hereby given preliminary approval by the City subject to approval of the Project by the Commissioner of~Securities and subject to final approval by this Council and by the purchasers of any bonds to be issued and as to the ultimate details of the Project. 5. In accordance with Section 474.01, Subd. 7a, Minnesota Statutes, the Mayor, the City Manager, the City Clerk, and such other officers and employees of the City as may from time to time be designated are hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities and request his approval thereof, and the Mayor, the City Manager, the City Clerk, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require. The Owners, the Corporation, the Bank, T. G. Evensen & Associates, Messrs. Faegre & Benson as bond counsel, the City Attorney, and other City officials are also authorized to initiate the preparation of a proposed loan agreement, lease, mortgage and such other documents as may be necessary or appropriate to the Project so that, when and if the proposed Project is approved by the Commissioner and this Council gives its final approval thereto, the Project may be carried forward expeditiously. 6. The Owners have agreed to pay any and all costs incurred by the City in connection with the Project whether or. not the Project is approved by the Commissioner and whether or not the Project is'carried to completion and to indemnify the City, its officers and employees from all liability which the City and any officers and employees may incur in connection with the Project or the issuance and sale of the bonds. 7. The Owners are hereby authorized to enter into such contracts, in their own names and not as agent for the City, as may be necessary for the construction of the Project by any means available to them and in the manner they determine without advertise- ment for bids as may be required for the acquisition or construc- tion of other municipal facilities, but the City shall not be liable on any such contracts. -2- STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN )' I, the undersigned, being the duly qualified and acting City Clerk of the City of New Hope, ~~n~, Minnesota, do hereby certify that the attached extract of minutes of a regular meeting of the City Council of the City held March 27, 1978, is a full, true and correct transcript therefrom insofar as the same relates to the $600,000 Industrial Development Revenue Bonds of the City. WITNESS My hand officially and seal officially as said City Clerk this day of March, 1978. (Seal) RESOLUTION CONSIDERING ROSEWOOD CORPORATION VARIANCES AND SPECIAL USE PERMIT, CASE NO. 78-10 (GOLDEN SKILLET FRIED CHICKEN), AND DENYING SAME. BE IT RESOLVED by the City Council sitting as the Board of Adjustments and Appeals of the City of New Hope, Minnesota: 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 the community; WHEREAS, Section 462.357 provides specific authorization as planning relates to zoning and land use and authorizes the City to adopt ordinances establishing uses within different zoning districts to authorize special uses, and to provide variances from the literal provisions of said statutes and local ordinances; WHEREAS, the City has enacted a zoning ordinance and established permitted uses and special use permits for the individual districts and has provided for both special use permits and for a variance procedure, and is attempting to plan and guide future development of the community, which ordinances provide in part: 4.43 Criteria for Granting Special Use Permits. In granting a special use permit, the Council shall find that: (3) In Industrial Districts: (A) Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas. (B) The use will provide an economic return to the community 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 Council may give weight to the sociological impacet of a proposed use, both positive and negative. 4.44 Listing of Special Uses (5) In Industrial Districts: (C) Motel and Restaurants. 4.602 Powers of Board of Appeals and Adjustments. The Board of Appeals and Adjustments shall have the powers herein set forth. Subd. (2) Variances. To hear requests for variances from the literal provisions of the Zoning Ordinance in instances where their strict enforce- ment would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions would be in keeping with the spirit and intent of the Zoning Ordinance. The Board of Appeals and Adjustments may not permit as a variance any use that is not permitted under the Zoning Ordinance for property in the zone where the affected person's land is located. This Board has thoroughly reviewed the statements presented to it at the public hearing, the City records, has reviewed the staff finding and comments of February 7, 1978, the minutes and recommendation of the Planning Commission of February 7, 1978 for denial of the special use permit, -2- and its action in tabling the request for variance, and the minutes and individual recollections of its own hearing on February 27, 1978. This Board also has in mind the unsworn presentation made by proponents of the request for rezoning and variance, and hereby makes the following: FINDINGS OF FACT A. That the property in question is, on information and belief, owned by petitioners. B. That the lot is presently zoned LI. This zoning was applied for and approved many years ago as a part of the Comprehensive Plan of the City. C. The residents of the single family residential area to the north of the proposed site have expressed their opposition to the proposed special use, being concerned about noise and nuisance factors as well as the heavy additional traffic in their view resulting from the proposed "commercial" development as contrasted to the existing limited industry zoning. D. The Planning Commission of the City has concluded that the nuisance characteristics generated by the proposed use would have adverse effects and that the sociological impact of the use is, in its opinion, more negative than the possible economic return to the City. E. This Council finds that the changed conditions in the area are in accord with the anticipated changes when the Comprehensive Plan was formulated and passed, including the CSAH No. 18 and 10 interchange; that soil conditions may be worse than anticipated, but the soil conditions as represented do not appear to con- clusively require the proposed development. F. That the Council is concerned about the representations of the developers, experienced industrial and commercial land use promoters and builders, that the site in question is not suitable for industrial development, and if it did in fact develop in that manner, that the appearance of the site from Bass Lake Road would be an 18 foot high building, with docks facing on -3- that street, and finds the prospect very unattractive; however, an examination of other special uses, including types of restaurants more compatible with the views of this Council as to sound development of the site indicates that other viable alternatives are available rather than the industrial develop- ment envisioned by the developer. G. That this Council finds that the traffic characteristics of the proposed special use, its propensity to attract similar un- attractive uses and potential domino effect all produce a result not in harmony with the Comprehensive Plan of the City for this area. H. The proposal as presented would force considerations beyond what the Council could find favorable; there would be an adverse effect upon the environment, not only in the immediate area, but along the Bass Lake Road. I. That the nuisance characteristics generated by the proposed use will have an adverse effect upon existing and future de- velopment in adjacent areas, such as along the Bass Lake Road. J. The proposed special use will not provide an economic return to the community commensurate with other industrial uses, including other special uses, that the property could feasibly be used for. NOW, THEREFORE, BE IT RESOLVED that the request for a special use permit for the construction of a Golden Skillet Fried Chicken restaurant as described in Case No. 78-10 is hereby denied, and this being the case, the question of any action upon the request for variances is moot, and the City Clerk-Treasurer is directed to serve a copy of these findings upon the petitioners by mail, pursuant to ordinance. Dated the ~27 day of March, 1978. Attest: B~ ~~'(~t, Clerk-Treasurer - 4 - RESOLUTION AUTHORIZING USE OF ANTI-RECESSION FISCAL ASSISTANCE FUNDS FOR 1977 WHEREAS, the City of New Hope received $3,024.00 of Anti- recession Fiscal Assistance Funds in 1977, and WHEREAS, the City Council directed that Anti-recession Funds be used for Police salaries, and WHEREAS, these monies have been placed in the General Fund for Police salary expenditures. NOW, THEREFORE BE IT RESOLVED by the Council of the City of New Hope, that Anti-recession Fiscal Assistance Funds have been applied in conformance with their directive. Adopted this lOth day of April, 1978. ATTEST~' ~ ~]"~'~erk~-TreaSurer RESOLUTION AMENDING ASSESSMENTS FOR SHADE TREE IMPROVEMENT NO. 310 WHEREAS, this Council has heretofore levied special assessments for Shade Tree Improvement No. 310, spread for five years with first year payable of 1977, and WHEREAS, an error occurred in s~id assessment roll as it relates to Plat 62218, Parcel 5635, with said property being assessed $138.00 while such property should not have been assessed; and WHEREAS, one annual installment of this assessment has heretofore been paid together with real estate taxes on the property; and WHEREAS, there remain four unpaid installments; and WHEREAS, the Council wishes to provide for the correction of this inequity; NOW THEREFORE BE IT RESOLVED that the special assessment for Shade Tree Improvement No. 310, Plat 62218, Parcel 5635 is to be corrected as hereinafter set forth: 1o The existing assessment for Shade Tree Improvement No. 310 against Plat.62218, Parcel 5635, is hereby deleted. 2. The City Clerk is authorized and directed to provide for certification of the correction. 3. The City Clerk-Treasurer is further directed to provide for refund of $41.45, representing amount of the 1977 installment for said improvement. 4. The City Clerk-Treasurer is further directed to forward a copy of this resolution to the appropriate taxing authority as a basis for above-mentioned adjustment to said special assessment. Dated this lOth day of April, 1978. ATTEST:~~ ~)~uliot, City Clerk-Treasurer RESOLUTION APPROVING 1976 TRANSFERS General Detai 1 76-80 TO: Central -Garage 2,407.67 3~23 - FROM: General Fund - Animal Control 16.82 4160-37-1 Pol ice Dept. 754.09 4110-37-1 Park Dept. 711.03 4742-37-i Fire Dept. 4120-37-1 Street 925.73' 4220-37-1 Protective Inspection 4130-37-1 To record Central Garage service for September 1976. · 76-81 TO: Central Garage 291.41 3723 FROM: Sewer & Water 223.80 4746-37-1 I ce Arena 17.50 4744-37-1 Golf .50.11 4743-37-1 To record Central Ga6age servfce for September 1976. 76-82 TO: Central Garage 1,638.45 3723 FROM: General Fund Pol ice Dept. 922.75 4110-21-2 Fi re Dept. 67.95 4120-21-2 Protecti ye Inspectior 22.00 4130-21-2 Park Dept. 237.65 .. 4742-21-2 Animal Control 83.45 · 4160-21-2 Street ' 287.00 4220-21,2 Weeds .. 17.65 4360-21-2 · Gasoline pruchased from ........ Central .Garage during September 1976, SEPTEMBER 1976 Bate of Entry VILLAGE OF NEW HOPE . · TRANSFER ENTRIES . General ' Detai 1 Fund and Account Code Debit Credit 76-83 ~ Central Garage 196.50 3723 FROM: Golf .80 4743-21-2 Ice Arena 4744-21-2 Sewer & Water 195.70 4746-21-2 Gasoline purchased from · .~Central Garage during September 1976. Date of Entry SEPTEMBER 1976 · '- 'VILLAGE OF NEN HOPE · · TRANSFER ENTRIES · General Detai 1 Fund and Account Code Debit Credit ~/ Debit I' Credit 76-84 .~ TO: Central Store 1,274.16 3723 FROM: General Fund .. .. Recreati on 294.11 4741-20 Pol i ce 183.97 4110-20 C1 erk .478.26 4051-20 Acco unti ng 69.48 4054-20 Fi re 68.31 4120-20 Protective Inspection 44.65 4130-20 · Advisory Comm. 1.68 4075-30 · Mayor/Coun ci 1 44.12 4010-20 Manager 67.26 4020-20 P1 anning Comm. 22.32 4080-21 Purchase from Central Store May-August 1976. · 76-85 ~ Central Store 71.38 3723 FROM: Comm.Dev. Grant 9.42 4630-30 , Sewer & Water 25.31 4847-20 Liquor No. 1 18.33' 4810-20 Liguor No. 3 18.32 4810-20 Purchase from Central Store May-August .1976. ~ 76 -86 TO: Central Store 923.75 3723 . FROM: General Fund Municipal B1 dg. 611.48 4090-21 · Pool Operation 27.20 4746-22 Central Garage 285.07 4922-22 To record purchases of · restroom supplies from Central Store 76-87 ~ Central Garage 8,000.00 3850 FROM: General Fund 8,000.00 ., 4970-70 Surpl us' transfer from .. General Fund , Date of Entry October 1976 VILLAGE OF NEW HOPE · · ' IR/~SFER ENTRIES . General Detai 1 Fund and Account Code Debit ' Crjdit Debli t 76-88 . TO: Temporary Revol vi ng 8,000. O0 3970 FROM: Central Garage 8,000.00 6000-84 Repayment of Loan 76-89 ~ Sewer and Water 28,521.00 3970 FROM: Ice Arena Operating 28,521.00 4744-84 Repayment of Loan 76-90 TO:' Golf Course Bond Fund 7,260.00 3850 FROM: Golf Course Operating 7,260.00 4743-85 Payment of deferred payable to Golf-Course bond for liability prior to 1976. 76-91 ~-~: Golf Course Bond Fund 22,321.25' 3850 FROM: Golf Course Operating 10,000.00 4743-85 Go~ f Course Operating 12,321.25 4743-61 Payment to Course 1976 bond payment administrative Interest as follows- 5/6.of 6,182.50 5,152.08 - 6,1 82.50! . 1/6 of 5,920.00 986.67t 12',321.2~~ - 76-92 ~ Community Developn~ntl 5,660.56 3970 FROM: General Fund 5,660.56 4970-84 Repayment of Loan Date of Entry OCTOBER 1976 VILLAGE OF NEW HOPE · · ; TRANSFER ENTRIES . · General Detai 1 Fund and Account Code Debit Credit Credi 76-93 ~ Central Garage 1,553.35 3723 FRO~: General Fund ' Animal Control 16.43 4160-37-1 Pol i ce 692.16 4110-37-1 Park 320.66 4742-37-1 Fi re 11.63 4120-37-1 Street 512.47 4220-37-1 Protective Inspectior 4130-37-1 To record Central Garage service for October 1976. .. 76 -94 TO: Central Garage lO1.78 3723 FROM: Sewer &. Water 24.78 4846-37-1 Pool Operating 17.50 4746-37-1 Ice Arena 38.00 4744-37-1 Golf 21.50 4743-37-1 To record Central Garage ~ service for October 1976. 76 -95 · .-~-0-~--. Central Garage 1,768.20 3723 FROM: General Fund Pol i ce 966.35 4110-21 ~2 Fi re 121.85 4120-21-2 Protective Inspection 34.00 4130-21-2 Park 254.50 4742-21-2 · Animal Control 73.35 4160-21-2 Street · 318.15 4220-21-2 Weeds 4360-'21-2 Gasoline purchased from Central Garage during October 1976. ' 76 -96 TO: Central Garage 225.20 3723 FROM: .Golf Course 4743-21-2 Ice Arena 2.30 4744-21-2 Sewer & Water 222.90 .. .4746-21-2 Gasoline purchased from Central Garage during October 1976~. Date of Entry ocTOBER 1976 VILLAGE OF NEW HOPE · · : TRANSFER ENTRIES · General Oetai 1 Fund and Account Code " Debit Credit ~/ Debit 'Credit 76 -97 TT.- Central Garage 1,531.56 3723 FROM: General Fund Animal Control 91.84 4160-37-1 Pol i ce 916.09 4110-37-1 Park .179.99 4742-37-1 Fire 52.39 4120-37-1 Street '264.67 4220-37-1 Protective Inspection 26.58 4130-37-1 To record Central Garage service for November 1976. 76 -98 TO: Central Garage 71.95 3723 FROM: Sewer &.Water 64.20 I- 4746-37-1 Ice Arena 4744-37-1 Golf 7.75 4743-37-1 To record Central Garage service for November 1976. 76 -99 TO: Central Garage 1,820.80 3723 FROM: General Fund ... Police 1,049.90 4110-21--2 Fi re 107.50 4120-21-2 Protective Inspection 25.90 4130-21-2 ! · Park 385.10 4742-21-2 Animal Control 58.45 4160-21-2 Street 193.95 4220-21-2 Weeds 4360-21-2 Gasoline purchased f~om Central Garage during November 1976. 76-1 O0 TO: Central Garage 185.70 3723 FROM: Golf Course 13.35 4743-21-2 Ice Arena 2.40 4744-21-2 'Sewer & Water 169.95 4746-21-2 Gasoline purchased from Central Garage during November 1976. Date of Entry NOVEMBER 1976 VILLAGE OF NEW HOPE TI1ANSFER ENTRIES General; Detai 1 Fund and Account Code Debit C'redi t ~/ Debit I' Credit 76-1 O1 · T:--O-?---Improvement 258 10,897.21 3951 ° Improvement 273 7,879.08 3951 FROM: Improvement 265 "' 15,100.O0 6000-82 1970 State Aid Bond F md 3,676.29 4912-82 To adjust distribution for 970 .state aid bond to agree with state aid record as fol 1 ows - Improvement 258 1 ;4,265.17 Improvement 273 )8,734:83 Improvement '265 _0- * m 2 )13,000.00 76-102 TO.' 1973 State Aid Bond 1 ~000.00 3951 Improvement 287 964.75 6000-82 FROM: Improvement 265 1,964.75 6000-82 To adjust distr'ibution for 1973 state aid bOnd to agree with state aid record as loll ows- Improvement 265 In~rovement 287 !2 ~974.96 1 IO,O00.O0 76-103 TO'.~Road & Bridge Constru :tion 7,879.08 3850 FROM: Improvement 273 7,879.08 6000-70 To transfer additional 'monies from state aid bond 'funds to Road & Bridge Construction 76-104 ~ Road & Bridge Constru :tion 964.75 6000-81 FROM: Improvement 287 964.75 3951 To ~everse out a portion of transfer entry 76-57 for additional State Aid Fund Date of Entry DECEMBER 1976 VILLAGE OF NEW HOPE TRANSFER ENTRIES Genera 1 Detai 1 Fund and Account Code Debit Credit ~/ Debit Credit 76-105 .t TO: Central Garage 2,107.69 3723 FROM: General Fund Animal Control 17.13 4160-37-1 Pol ice 655.34 4110-37-1 Park 1,115.43 4742-37-1 Fire 8.54 4120-37-1 Street 311.25 4220-37-1 Protective Inspection 4130-37-1 To record Central Garage service for December 1976. 76 - 106 ~ Central Garage 53.66 3723 FROM: Sewer &.Water 53.66 4746-37-1 Ice Arena 4744-37-1 Golf 4743-37-1 To record Central Garage - service for December 1976. 76-107 ~Ce~tral Garage 2,237.70 3723 FROM: .General Fund Pol i ce 1,096.05 4110-21-2 Fi re 126.75 4120-21-2 Protective Inspection 46.55 4130-21-2 Park 532.70 4742-21-2 Animal Control 90.65 4160-21-2 Street 345.00 4220-21-2 Weeds 4360-21-2 Gasoline purchased fPom CentPalGarage during December 1976. · 76-108 TO: Ceni~ral Garage 179.50 3723 FROMi Golf Course 4743-21-2 'Ice Arena 3.50 4744-21-2 Sewer & Water 176.00 4746-21 ~2 Gasoline purchased from Central Garage during December 1976. ~ Date of Entry DECEMBER 1976 ¥ILLAGE OF NEW HOPE TRANSFER ENTRIES . General Detai 1 Fund and Account Code Debit 'Credit ~/i Deb'it ......- mm Credlit 76-1 O9 TO: Central Store 1,167.59 3723 FRO~I: General Fund Recreation 168.20 4741-20 Poli ce 260.97 4110-20 Clerk .402.13 4051-20 · . Accounting 106.74 4054-20 Fi re 39.84 4120-20 Protective Inspection 30.57 4130-20 · Advisory Comm. · 4.52 4075-30 Mayor/Coun ci 1 69.42 4010-20 Manager. 50.15 4020-20 P1 ann ing Comm. -17.37 4081-21 · Civil Service 17.68 4072-34 · To record Central Store purchase~for the period September-December 1976. 76-110 .'T-O~----Central Store 49.36 3723 FROM: Con~.Dev.Grant 3.74 4630-30 .] Sewer & Water 33.65 4847-20 Liquor No. I 6.75 4810-20 Liquor No. 3 5.22 4810-20 To record Central Store purchase~for the period September-December 1976, 76-111 T :-'O-F~Central Store 89.10 3723 FROM: General Fund Municipal Bldg: 89.10 4090-21 Restroom supplies for Civic Center. 76-112 TO: General Fund-Recreati )n 137.52 4741-24 FROM': Ice Arena 137.52 4744-24 .Trans~ of resale .. merchandise from treat truck to Ice Arena. ), , Date of Entry December 1976 ., ' -' VILLAGE OF NEW HOPE TRANSFER ENTRIES . General Detai 1 Fund and Account Code Debit Credit ~/ Debi't Credit 76-113 TO: Pool Operation 668.10 4746-24 FROM: General' Fund Recreation 467.20 4741-24 Ice Arena 81.40 4744-24 Golf Course 119.50 4743-24 Resale merchandise transfer from Pool Operating. 76-114 TO: Pool Operating - 107.70 4746-22 · FROM- Golf Course 46.20 4743-22 General Fund-Park 61 50 4742-22 Operating Supplies transfer ~ed out of pool operating. 76-115 TO: Liquor No. 2 45,000.00 3970 FROM: Temp. Revo1 vi ng 45,000.00 4991-84 ' Temp. Lo.an , . .. FS-116 .. TO: Liquor No .1 70,000.00 3970 FROM: Sewer & Water 70,000.00 4912-84 Temp. Loan 76-117 TO: Central Garage i- 15,000.00 3970 FROM: General Fund' 15,000.00 4970-85 Tempi Loan 76-118 TO: Sewer & Water 50,000.00 3971 FROM: General Fund 50,000.00 4970-85 Temp. Loan Date of Entry DECEMBER 1976 VILLAGE OF NEW HOPE - · T~SFER ENTRIES . General Detai 1 Fund and Account Code Debit Credit ~ Debit Credit 76-119 .i TO: Street Lighting 35,062.60 3053 FROM: Sewer & Water 35,062.60 4991-71 R. eimb~[rsement for Street Lighting charges billed for S/W Fund. 76-120 . TO:' .'General Fund · 16,000.00 3652 FROM: Special Police Protec ~ion 16,000.00 4991-70 Budget Transfer .. 76-121 TO: General. Fund 22,000.00 3656 FROM: Sewer & Water 22,000.00 4847-70 Admi n istrati ve Transfer 76-122 T(~: General Fund 45,650.00 ' 3653 FROM: Revenue Sharing 45,650.00 4991-70 Revenue Sharing Transfer for 1976 budget.- 76-1'23 TO: Revenue Sharing 45,650.00 3970 FROM: General Fund 45,650.00 4970-85 Temp. Loan , '~ 76-124 ~-~: ' Special Police ProtecCion Fun¢ 15,000.00 3970 FROM: General Fund 15,000. O0 4970-85 Temp. Loan 76-125 TO: Refunding Bond 48,143.68 3850 FROM: Ice Arena Bond 48,143.68 4912-70 To transfer 12-31-76 cash balance to refunding'bond. q · Bate of Entry DECEMBER 1976 , ¥]LLAGE OF NEW HOPE · . ' · · TRANSFER ENTRIES . General Detai 1 Fund and Account Code "'Debit. ' Credit -- Credit I 76-126 · TO: 1969 Park Bond .45,000.00 3991 FROM: Refunding Bond 45,000.00 4991-71 'S~le of Investment. 76-127 TO.-'O-~--Refunding Bond 45,233.80 3850 FROM: 1969 Park Bond 45,233.80 4912-70 To transfer 12-31-76 cash bal.~nce to r. efunding bond. 76-128 TO.-O?---Refunding Bond 91,305.00 3850 FROM: I.B.R. 91,3,05.00 · 4912-70 To transfer cash in the . amount of special assessmen · ~ecer~at~les less bond - principal and interest payments in respect to bond " ' '43 which.was refinanced in 1976. Adopted by the City Council on the 10th day of April, 1978. / ~ ' Mayor ATTEST: ~~er n~f. n~ Fntrv DECEMBER 1976 RESOLUTION APPROVING 1977 TRANSFERS ,.General Detail Fund and Account Code Debit Credit v/ Account I ~redit 77-1 ~ Central Garage- 1~,302.19 3723 FROM:' General Fund . .' -Street lO1.40 4220-38 Sn~ 4,219.87 4230-38 Park 1,775.79 4742-38 Police 4,810.55 4110-37-1 Fire 247.60 4120-38 ~ Protective Inspect. 160.27 4130-38 Sewer/Water 735.10 4846-38 Golf Course 180.20 4743-38 Ice Arena .. 71.41 4744-38 To record rental of - equipment from Central -- Garage. ~ . i , Date of Entry January 1977 - ¥ILLAGE OF NEW HOPE - · IR/~ISFER ENTRIES "~iGeneral Detail Fund and Account Code , Debit Credit Credit 77-2 'February 28, 1977 T~: Central Garage- -. 8,850.39 3723 FROM: General Fund Street 966.60 4220-38 Snow 645.95 4230-38 Park 1,135.14 4742~38 Police 4,694.70 4110-37-1 Fire 72.30 - 4120-38 Protective Inspect. ; -146.65 ', .~ 4130-38 · Sewer/Water -~' ..;.] 1,156~'95 ' 4846-38 'Ice Arena 22.20 4744-38 Liquor #2. '4.95 4810-9 . Liquor #3 o 4.95 4810-9 . To record rental of equipment from Central Garage ! Date of Entry February 1977 . ¥ILLAGE OF NEW HOPE .- ' '- '. TI~ANSFER ENTRIES ~General Detail Fund and Account Code Debit. Credit '~ ^cc~h~ I' Cred'it 77-,3, TO: Central Garage 12,246.25 3723 FROM: General Fund Street 2,024.68 4220-38 Snow 2,045.27 4230-38 Park 1,192.62 4742-38 Police 5,215.10 4110-37-1 Fire 294.10 4120-38 .Protective Inspect. 203.00 4130-38 Sewer/Water 1,234.35 4846-38 Golf Course 30.23 4743-38 Ice Arena ..1.90 4744-38 To record rental of equipment from .Central Garage Date of Entry March 1977 ' ' mVILLAGE OF NEW HOPE .. · )RANSFER ENTRIES '? General Detail Fu.nd and Account Code Debit Credit ~/ Account Credit 77-4 p~l' 30, 1977 TO: Central Garage 16,418.92 3723 FROM: General Fund Street '810.10 4220-38 Park 2,079.47 4742-38 Police 4,816.26 4110-37-1 .Fire 312.50 4120-38 Protective Inspect. 151.20 4130-38 Golf Course 4.50 4743-38 Sewer/Water 894.61 4846-38 Forestry 54.28 4630-38 - ' To record rental of equipment from Central 'Garage Bate of Entry April 1977 ' . · VILLAGE OF NEW HOPE - . '- TRANSFER ENTRIES ' General Detai 1 Fund and Account Code Debi~ Credit ~/ Account credi~ 77-5 5/30/77 TO; Central Store -. 1,953.46 3723 FROM: General Fund Council '67.61 4010-20 Manager 155.39 4020-20 Recreation 425.03 4741-20 Police 375.38 4110-20 Clerk 551.34 ' 4051-20 Accounting 80.51 4054-20 Fire 93.57 4120-20 Protective Inspect. 37.03 4130-20 Civil Service 3.97 I' 4072-34 Planning 37.63 4080-21 Advisory. Comm. 10.26 4075-30 Community Development 9.96 4630-30 Sewer and Water 78.40 ~' 4847-20 Liquor #1 9.94 4810-20 Liquor #2' .8.73 4810-20 Liquor #3' 8.71 4810-20 Purchases for. Central Store for period'Jan, through April 1977 ! 77-6 TO: Central Garage 14,189.93 .- 3723 FROM:' General Fund Street 6,093.10 4220-38 Park '~1,864.20 4742-38 Police 4,814.60 4110-37-1 Fire 273.60 4120-38 Fire 93.90 4120-21-2' .Protective Inspect. 167.65 4130-38 Sewer /Water 692.25 4846-38 Forestry 17.60 4610-38 Golf Course 59.63 4743-38 General Fund .Accountir~ 113.40 4054-44 To record rental of equipment from Central Garage. Bate of Entry May 1977 ¥ILLAGE OF NEW HOPE .. · TRANSFER ENTRIES :General Detail Fund .and Account Code Debi~ Credit Account Credit 6/30/77 77-7 °.. ~ . TO~ Central Garage 13,977.53 3723 FROM: Central Fund Street 3,851.90 4220-38 Park 1,911.09 4742-38 Poli ce 2,196.45 4110-38 Fi re 349.90 4120-38 .Protective Inspect. 189.70 4130-38 Animal Warden '3,198.80 4160-38 Forestry 878.28 4610-38 Golf Course 190.84 4743-38 Sewer/Wateb 1,721.73 4846-38 Ice Arena 38.84 4744-38 To record Central Garage services for June 1977 ! ~)ate of Entry June 1977 V)LLAGE OF NEW HOPE . . - TRANSFER ENTRIES Fund and Account Code Debit Credit' ~! Ac~mmt' 1' Credit ' 7/31/77 77-8 T--O-~-. General Fund 2~000.00 3659 FROM: Escrow 2,000.00 4950-82 To transfer Developers Diversified deposit to General Fund 77-9 TO: 'General Fund 3,850.00 3659 FROM: Escrow 3,850.00 4950-83 To transfer 12/31./76 fund balance of Escrow fund ' to General Fund 77-10 ~ Central Garage 21,227.13 3723 FROM: General Fund Street 3,476.10 4220-38 Park 10,130.33 4742-38 Police 4,502.19' 4110-38 Fire 378.69 4120-38 Protective Inspect. 168.35 4130-38 .Animal Warden 510,30 4160-38 Sewer and Water 1,349.70 4846-38 Golf Course 142.27 4743-38 Ice Arena 14.00 4744-38 Forestry 468.30 4610-38 Pool Operation 86.90 4746-38 · To record Central Garage services for July 1977. Date of Entry July 1977 VILLAGE OF NEW HOPE · ' TRANSFER ENTRIES ,' ~! Gener al~ Detai 1 Fund and Account Code " Debi Credit --v/ Account No. i ' Credit 8/31/77 T-~. - General Fund i2.5,650.00 3970 FROM: Police Prot. FUnd - 15,000.00 '4991-84 Revenue Sharing 45,650. O0 4991-84 Sewer and Water 50.,000.00 4991-84 ' Central Garage 15,000. O0 499l -84 Repa3anent of Loans' 77-12 TO: Trust and Agency 1,415.09 3970 FROM: General Fund 1,415.09 4991-84 Repayment of Loans 77-13 ~ I.B.R. -18,740.50 3970 FROM: Bond 4 18,740 4991-84 Repayment of Loans 77-14 TO: Sewer and Water 24,448.10 3970 FROM: Temporary Finance 23,000.00- 4991-84 I. B.R. 1,448.10 4991-84 Repaj~ent of Loans i 77-15 ~Oi' . Liquor No. 3 30,256.88 3970 · FROM: Liquor No. 1 14,895.51 ~ 4991-84 - Liquor No. 2 15,361.37 4991-84 Repa~ent of Loans' 77-16 TO: Liquor No. 1 1,187.76 3970 FROM: Liquor No. 2 1,187.76 4991-84 · Repa~ent of Loans · ~ Forestry 143.70 3970 FROM: I .B.R. 143.70 4991-84 Repa~ent of Loans 77-18 TO: General Fund 69,147.00 3653 FROM: Revenue Sharing 69,147.00 " 4991-70 To transfer revenue sh'aring to ensure following .police wages 7/12 of 91,109=53,147 50% of 32,000 =16,000 69,147 Bate of Entry ' August 1977 ¥ILLAGE OF NEW HOPE .- '. TRANSFER. ENTRIES 'General ' Detail Fund and Account Code Debit' Credit ~/ Acco~nt No. Cred'i~ 77-19 .i I 3654 TO: General Fund 15,419.37 FROM:' Improvement 312 9,491.37 6000-52 Improvement 311 5,928.00 6000-~2 Clerical and administration costs for assessment project 77-20 - ~ General Fund 22,000.00 3656 FROM: ~Sewer and Water~ · 22,000.00 4847-70 1977 Budget Administration Transfer 77-2l TO: Swimming Pool Operati~ n 6,058.58 3850 FROM: GenePal.Fund 6,058.58 4970-70 Transfer of general fund surplus to pool per resolution dated 2-14-77 '77-22 -TO: Improvement 324 37,289.27 3971 FROM: Temporary revloving 37,289.27 4991-85 To record loans 77-23' ~ Improvement 322 639.63 6000-52 FROM: Improvement 315 16.83 6000-52 Improvement 316 22.98 6000-52 Improvement 311 679.33 6000-52 To consolidate improvements . 315,316, and 322 into 77~25' ~ I.B.R. 10,640.10 3312 FROM: ImProvement 311 5,392.06 6000-52 Improvement 312 5,248.04 6000-52 Capitalized interest on improvements 77-26 TO: Improvement 306 48,457.68. .6000-52 · FROM: Sewer and Water 48,457.68 4842-53 To transfer cost of lift station to Sewer & Water. Oate of Entry August 1977 m. VILLAGE OF NEW HOPE .* ; 'TRANSFER*ENtRIES General .Detail Fund and Account Code Debit' Credit d Account No Credit 77-27 TO: Temporary Revolving .3,500.00 3970 FROM:' Improvement 306 3,500.00 4991-84 Repayment of Loan 77-28 TO: Impmovement 296 16,313.04 3951 FROM: Improvement 313 294.59 3951 FROM: Road and bridge construction fund. To transfer funds for road and bridge construction fund to cover cost of 1975 .. , seal coat and striping. 77-29 ~ Improvement 314 1,211.85 6000-52 FROM: General Fund 1,211.85 4970-30 To transfer engineering for 1976 Seal Coating out of Improvement 314. 77-30 ~ TO: Improvement 314 3,461.76 3951 FROM: General Fund. 3,461.76 4970-70 To cover engineering and ·. publi-shing costs for 1976 seal coating from 1976. " 77-31 .' TO: Road and Bridge Const Fund 5~280.90 3850 ' FROM: Improvement 258 5,280.90 "6000-81 To transfer cash surplus balance to Road and Bridge ConstrOction Fund 77-32 TO: Improvement 322 61,290.01 6000-52 FROM: Sewer and Water 61,290.01 4842-53 To transfer cost of lift station to Sewer & Water 77-33 TO-b-?'- Temporary Revloving 42,950.00 3970 FROM: Improvement 266 42,950.00 4991-84 Repayment of Loan. Date of Entry August 1977 ¥ILLAGE OF NEW HOPE TRANSFER ENTRIES . ~General Detai 1 Fund and Account Code Debit_ Credit ~Account No. Credit 77-34 TO: Improvement 266 5Q,O00.O0 3991 FROM:' I.B.R. .50,000.00 4991-71 Sa~e of investment to I.B..R. 77-35 :T-O-?- I.B.R. 22,842.75 3850 FROM: Improvement 266 22,842.75. 6000-70 To transfer cash balance to I.B.R.. . 77-36 ~ Improvement 281 1,090.08 ~' 3850 FROM: I.B.R. 1,OgO.08 6000-70 To transfer funds from I.B.R to cover cash deficit 77-37 TO:' I.B.R. 10,131.48 3850 FROM: Improvement 265 10,131.48 6000-70 To transfer monies to cover previous deficit transfer of 7,604.33 and 2,527.15 from balance between assessments and borrowing. 77-38 TO: - Road and Bridge Const 9,151.38 3850 FROM: Improvement 265 9,151.38 6000-70 To transfer balance of state aid money in Imp. 265 to Road & BridgeConst. fund 77-39 .'T~-~--. Improvement'265 24,000.00 3991 FROM: I.B.R. 24,000.00 4991.-71 To record sale of investment 77-40 TO: Improvement 219 30,000.00 3991 FROM: I.B.R. 30,000.00 4991-71 To record sale of investment 77_41 · TO: I.B.R. 32,121.71 3850 FROM: Improvement 219 32,121.71 6000-70 To transfer cash balance to I.B.R. Date of Entry August 1977 I ¥ILLAGE OF NEW HOPE .. TRANSFER ENTRIES ~eneral Detail Debit' 'Credit . Fund and Account Code ,/AccoU~ Credit No. 77-42 ~ I.B~R. 1~132.81 3850 FROM:' Improvement 289 1,132.81 6000-70 To transfer cash balance-. toI.B.R. 77-43 ~ Improvement 290 4,480.30 3951 FR~M: Improvement 286 4,480.30 3951 To transfer monies received from Crystal for 62nd Ave. out of Imp. 286 to 290. - 77-44 ~ I.B.R. 40,80 3850 FROM: Improvement 290 40.80 6000-70 To transfer cash balance toi.B.R. 77-45 TO: Improvement 298 17,013.00 6000-52- FROM: Ice Arena Const. Fund 17,013.00' 6000-52 To transfer parking lot cost~ t for Ice Afena out of Imp. : 298. Const. 15,466.00 Engin6er 10% 1,547.00 17,013.00 77-46 TO: Central Garage 15,338.12 3723 FROM: General Fund Street 3,892.17 422.0-38 Park 2,741.49 4742-38 Police 4,697.60 4110-38 · Fire 474.34 4120-38 Protective Inspection 148.05 4130-38 Animal 494.40 4160-38 Weeds 13.10 4360-38 Forestry 945.29 4610-38 Sewer & Water 1,615,10 4846-38 Golf Course 270,38 4743-38 Ice Arena 46.20 4744-38 'To record Central Garage service for August 1977. Date of Entry August 1977 ._ .- - ' - VILLAGE OF NEW HOPE · - - TRANSFER ENTRIES ~ General Detail Fund and Account Code .... Debi~ Credit '~ Account No. Credit 77-47 TO: General Fund - Park [,313.37 4742-38 FROM: General Fund - Street 40.25 4220-38 FROM: Central Garage '5,273.12 3723 To correct distribution for vehicle #29 for the month of July 1977. i Date'of Entry August 1977 · ' ' VILLAGE OF NEW HOPE · · TRANSFER ENTRIES' General Detail Fund and Account Code Debit Credit ~/ Account NO.I' Cred~ 77-48 TO: '-Central Garage. 9,149.96 3723 FROM: General Fund -- Street 881.00 4220-38 Park 1,552.35 4742-38 Police 4,280.18 4110-38 Fire 367.05 4120-38 Protective Inspection )38.95 413D-38 .Animal 273.50 4160-38 Weeds 18.25 4360-38 Sewer & Water 920.80 4846-38 Golf Course 242.96 4743-38 Forestry ~ 456.67 4610-38 Ice Arena 5.25 4744-38 Liquor ~l 12.00 4810-09 Central Garage service for Sept. 1977 Date of Entry September 1977 '. ' . ' ¥]LLAGE OF NE~ ~OPE · · TRANSFER-ENTRIES General Detail Fund and Account Code Debit credit ~/ Account NO. Credit 77-49 ~- Central Garage. 11,965.53 3723 FROM: General Fund Street 2,692.55 4220-38 Park 1,.782.12 .. 4742-38 Police 4,824.40 4110-38 Fire 271.50 4120-38 Protective Inspection 129.50 4130-38 .Animal 232.50 4160-38 Weeds Sewer & Water 1,483.71 4846-38 Golf Course 80.77 4743-38 Forestry o 41'1.70 4610-38 Ice Arena 56.78 4744-38 To record rental of Central Garage equipment for October 1977 77-50 TO: Central Store 2,682.88 3723 FROM: General Fund Council 104.83 4010-20 Manager 159.17 4020-20 Recreation 638.14 4741-20 Police 469.90 4110-20 Clerk 885.61 4051-20 Accounting 74.91 4054-20 Fire 85.67 4120-20 Protective Inspect'. 5g.30 4130-20 Civil Service 3.27 4072-20 Planning 47.97 4080-21 Advisory Comm. 5.95 4075-30 Community Development 12.72 4630-30 · Sewer & Water 93.94 4847-20 Liquor #1 13.38 4810-20 Liquor #2 12.55 4810-20 Liquor #3 15.57 4810-20 To record purchases from Central Store by other funds for the period May through October 1977 and xerox paper May-Sept. 1977 - Date of Entry October 1977 V]LLAGE OF NEW HOPE TRANSFER ENTRIES · eneral Detail Fund and Account Code ~ . Debit Credit-- Account i'. Credit 77-51 TO: Central Garage 11~655.41 3723 FROM:' General Fund Street 1,207.80 4220-38 Park 1,283.65 4742-38 Police 4,998.85 4110-38 Fire ~ 408.21 4120-38 Protective Insp. 128.45 4130-38 Animal 264.90 4160-38 Snow 1,735.10 4230-38 Sewer & Water 1,133.85 4846-38 Golf Course 42.70 4743-38 Forestry 448.20 4610-38 Ice Arena 3.70 4744-38 To record .rental of Central Garage equipment for November 1977 77-52 ~ Central Garage 27,446.75 .I 3723 FROM: General Fund Street 10,251.70 4220-38 Sn6w Removal 1,008.00 4230-38 Weeds 575.00 4360-38 Park 8,797.30 4742-38 Sewer & Water 5,542.75 4846-38 - Golf Course 650.00 4743-38 Ice Arena 622.00 4744-38 To record additional rental charge for 'plowing damage - October 1977 Date of Entry November 1977 " · ' ' VILLAGE OF NEW HOPE · - ' ' TRANSFER ENTRIES '~General Detail Fund and Account Code Debit '" Credit ~/ Account NO. Credit 77-53 :~-O'F" Central Garage. 10,811.65 3723 FROM: General Fund Street 399.50 4220-38 Park 1,898.86 4742-38 Police 4,687.14 4110-38~ Fire 260.85 4120-38 Protective Inspection~ 133.00 4130-38 .Animal 403.50 4160-38 Snow 2,051.10 4230-38 Sewer & Water 970.75 4846-38 Golf Course -. 4743-38 Forestry 4610-38 Ice Arena 6.95 4744-38 Date of Entry December 1977 VILLAGE OF'NEW HOPE .- ; TRANSFER ENTRIES <General Detail Fund and Account Code ' Debit- Credit ~/ Account No. I' ~redit 77-54 TO:. Central Store 967.67 3723 FROM: General Fund Council 39.16 4010-20 Manager 54.36 4020-20 Recreation 175.98 4741-20 Police 233.10 4110-20 Clerk 268.15 4051-20 Accounting 33.92 4054-20 · Fire ' 33.29 4120-20 Protective Inspection 36.28 4130-20 Civil Service 4072-20 Planning 22;21 4080-21 Advisory Comm. 2.06 4075-30 Civil Defense .57 4150-21 Sewe6 and Water 50.18 4847-20 Liquor #1 9.21 4810-20 . Liquor #3 9.20 4810-20 77-55 'TO: 1973 Park Bond 27,000,00 3991 19Z3 Park Bond 249.28 3310 ~ FROM: 1973 State Aid Bond 27,000.00 3991 FROM: .1973 State Aid Bond 249.28 3310' To adjust for investment proceeds recorded,to .. wrong fund. 77-56 j ~ Golf Course rev.~bond ,, 8,179.76 3850 FROM: Golf Course OpQrationI 8,179,76 4743-85 To close out deficit cash balance in golf course bond fund. 77-57 ~ Liquor #2 2,619.18 4810-4 FROM:. Liquor #l 2,352.00 4810-4 Liquor #3 267.18 4810-4 ?o record beer transfers for the year. December 31, 1977 Oate of Entry -~ VILLAGE OF NEW HOPE .- ~ · TRANSFER ENTRI ES General Detail Fund and Account Code Debit Credit' ~/ ~cco~nt No. CreJit' 77_58 TO.: Liquor #3 14,296.06 4810-2 TO: Liquor #2 2,338.64 48i0-2 FROM: Liquor #1 16,634.70 4810-2 To record liquor transfers for the year. 77-59 TO':" General fund 53,962.00 3653 FROM: Revenue Sharing 53,962.00 4991-70 To transfer revenue sharipg to help finance police wage. 77-60 TO: Revenue ~haring 50,000.00 3970 FROM: General Fund 50,000.00 4970-85 Interest fund loan 77-61 ~ General Fund 32,207.55 3653 FROM: Special police pro. fu d. 32,207.55 4991-70 To transfe~ rebate on~insuran e to general fund to help finan e . police P.E.R.A. pension expen 77-62 -T:--O~-'- Special police prot. fu'd 13,500.00 3970 FROM: General fund 13,500.00 4970-85 Interest fund loan 77-63 TO: Street Lighting- 35,212.65 3053 FROM: Gewer and Water fund 35,212.65 4991-71 To transfer.street lighting revenue out of sewer & water fund. 77-64 TO: I.B.R. 711.93 3312 FROM: 'Improvement 300 711.93 6000-52 Capitalized interest. Bate of Entry December 31, 1977 VILLAGE OF NEW HOPE · . · ' · TRANSFER .ENTRIES General Detai 1 Fund and Account Code Debit' Credit ~/ Account No. ~. Cred'it · 77_65 TO:. -I.B.R. 8).01 3850 FROM: Improvement 300 81.O1 6000-70 To transfer cash balance to I.B.R. 77-66 TO: General fund 384.85 3654 ~ FROM: Improvement 301 384.75 6000-52 Clerical transfer. 77_67 '- · ~ I.B.R. -/ 311'.84 3312 FROM: 'Improvemnt 301 311.84 6000-52 Capitalized interest 77-68 TO: Improvement 301 1,444.79 3850 FROM: I.B.R. 1,444.79 6000-70 To cover cash deficiet 77-69 ~ General fund 1,990.22 3654 TO~" I.B.R. 1,636.40 3312 FROM: .Improvement 302 3,626.62 6000-52 To record clerical and · capitalized interest. · 77-70 TO: Improvement 302 5,794.00 6000-52 FROM: Improvement 279 5,794.00 6000-52 To transfer costs for parking lot at New Hope Athletic riel< 77-71 . .'~ I.B.R. 8,122.46 3850 .FROM: Improvement 302 8,122.~6 6000-70 ' To transfer cash balance to I.B.R. 77-72. :TO'?-' General Fund 598.50 3654 TO~ I.B.R. 485.00 .' 3312 FROM: Improvement 305. 1,083.50 6000-52 To record clerical and capitalized interest. Bate of Entry December 31, 1977 -. · VILLAGE OF NEW HOPE · · TRANSFER ENTRIES -,.General Detail Fund and Account Code J~ebit Credit ~/ Acco~a~ No.' (i ~redit ' 77-73 :~-O?---Improvement.305 ~496.08 3850 FROM: I.B.R. - 496.08 6000-70 . To 'cover cash deficit, 77-74 1,217.00 3654 ~TO: Generali.B.R. Fund I i,O00.O0 3312 FROM: Improvement 308 2,217.00 6000-52 To record clerical and · capitalized interest on Imp. 308. 77-75 ~ Temporar~ revloving ' 1,800.00 3970 FROM: Imp. 308 1,800.00 4991-84 Repayment of Loan 77-76 TO: I.B.R. 386,75 3850 FROM: Imp. 308 · 386.75 6000-70 To transfer cash balance toI.B.R. 77-77 T'~.' General Fund' 1,428.00 3654 TO: Temporary revolving 317.00 3312 FROM:-Improvement 3Q9 1,745.00 6000-52 To record clerical and capitolized interest. 77-78 ' TO: Temporary revolving' 140.00 3970 FROM: ~mprovement 309 I 140.00 4991-84 Repayment of loan 77-79 TO: I.B.R. 418.37. 3850 FROM: Imp. 309 418.37 6000-70 To transfer cash balance toI.B.R. 77~80 .. TO: Improvement 324~ 29.79 6000-52 FROM: Temporary Revolving 29.79 4991-85 To cover cash deficit Imp.324 Oate of Entry DeC.bet 31, 1977 VILLAGE OF NEW HOPE . . TRANSFER ENTRIES ~General Detai 1 Fund and Account Code. Debit. Credit ~/ Account No. Credit 77-81 'TO: -General Fund ~108.66 3012 FROM: Poor Fund 108.66 3012 To transfer delinquent tax' collection for Poor fund to general fund. 77-82 TO: 1969 PARK BOND 6,196.25 4912-61 FROM: 1968 Park Bond 6,196.25 4912-61 To adjust for bond interest charge to 1969 bond in error 77-83' :~-O~--Refunding. Bond 10,231.73 3053 TO: Refunding Bond llO.19 3058 TO: Refunding Bond ~1,574.00 2310 FROM: 1969 Park Bond 10,231.73 3053 FROM: 1969 Park Bond 110.19 3058 FROM: 1969 Park Bond 1,574.00 3310 To transfer all monies collected in 1969 Park Bond to refundi'ng bond. 77-84 TO.'-'O]---Refunding Bond 21,804.26 3053 TO: - Refunding Bond 93.16 3058 FROM: Ice Arena Bond 21,804.26 3053 FROM: Ice Arena Bond 93.16 3058 To transfer tax collection in Ice Arena Bond Fund to Refunding Bond 77-85 . TO: 1973 State Aid Bond 8,414.75 3430 · FROM: 1970 State Aid Bond 8,414.75 3430 To transfer State Aid for 1973 bond out of 1970 bond. 77-86 TO: -General Fund 6,070.06 3414 FROM: 1973 State Aid Bond 6,070.06 3430 To adjust for State Aid · Maint. credited to bond fund ' Date of Entry December 31, 1977 " .. · ' ' ' ¥ILLABE OF HEW HOPE · · · .. TRANSFER ENTR/ES . · ~ General Detail Fund and Account Code - Debi. t Credit ~/:.Account Nc I' Credit 77-87 :~O~---.Forestry 70.16 3053 FROM: I.B.R. /70.16 ~. 3053 To' transfer collection fop I~p. 299 and 307 out of I.B.R 77-88 :T-CF?-Forestry 369.43 3051 FROM: I.B.R. 369.43 3051 To transfer collection for pre-payment out of I.B.R. as follows: 1976 shade tree 259.92 Imp. 310 60.24 1977 shade tree 39.27 369.43 · Adopted by the City Council on the 10th day of April, 1978. ~_~_'~rk-Treasurer . December 31, 1977 Date of Entry CERTIFICATION O INUTES RELATING TO $1~000,000 INDUSTRIAL DEVELOPMENT REVENUE NOTES Issuer: City of New Hope~ Minnesota ~L ~ Governing Body: City Council '~ Kind, date, time and place of meeting: A reEular meeting held on Monday~ April 24, 1978 at o'clock P.Mo at the City Hall. Members present: Erickson, Enck, Hokr, 0tten Members absent: Plufka Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX-EXEMPT NOTES TO ONE OR MORE FINANCIAL INSTITUTIONS 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 ~ 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 documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct &nd 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 meetinq 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 lawo WITNESS my hand officially as such recording officer this ~/ day of April ~ 19 78. ~ Signature Mrs. Betty Pouliot, City Clerk Name and Title Councilmember Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF TAX-EXEMPT NOTES TO ONE OR MORE FINANCIAL INSTITUTIONS 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 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 encouraged local government units to prevent such economic deterioration. 1.2 Science Seven Company, a Minnesota limited partnership (hereinafter the Company) has requested the City to consider the issuance of tax-exempt notes to the Northwestern Mutual Life Insurance Company for a project consisting of the purchase of land in the City, and the construction thereon of a 65,280 square-foot warehouse-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 or notes 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 notes by the City in this case would be a substantial induce- ment 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 notes to the Northwestern Mutual Life Insurance Company under the provisions of Chapter 474 to finance the project of the Company at a cost presently estimated to require issuance of notes in the principal sum of $1,000,000. 3. 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 purchaser of the notes 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 preliminary understandings of the parties with respect to the issuance of the notes. In all events, it is understood, however, that the notes of the City shall not constitute a chrage, lien or encum- brance 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 pay- able 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 notes 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 notes when delivered but otherwise without liability on the part of the City. / " Mayor Attest: ~~ ~--~/City Clerk The motion for adoption of the above resolution was duly seconded by Councilmember Otten ~ and upon vote being taken, the following voted in favor: and the following were opposed: Enck whereupon the resolution was declared duly adopted and was signed by the Mayor and attested by the City Clerk° RESOLUTION REAPPROPRIATING 1977 GENERAL FUND BUDGET WHEREAS, the City of New Hope's operating needs resulted in some expenditures in excess of, or less than, the amounts originally appropriated for 1977 General Fund activities, and, WHEREAS, there is adequate revenue and decreased expenditures to offset in- creased costs in other areas, and, WHEREAS, the General Fund Expenditure Budget, shown below, includes departmen- tal budgets both under and over appropriations 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 Department Appropriatio~ For Year Balance Mayor and Council $ 21,401.00 $ 20,971.51 $ 429.49 City Manager 56,838.00 56,891.13 (53.13) Courts 28,700.00 26,623.09 2,076.91 Elections 1,045.00 801.82 243.18 Municipal Clerk ~ 79,431.00 72,236.68 7,194.32 Accounting 45,513.00 41,510.21 4,002.79 Civil Service Comm. 4,710.00 3,805.88 904.12 Advisory Commissions 650.00 134.83 515.17 Planning/Zoning 11,950.00 9,399.68 2,550.32 Municipal Building 34.350.00 33,451.47 898.53 Police 655~525.00 637,398.56 18,126.44 Fire 89.275.00 78.849.21 10,425.79 Protective Inspections 75.909.00 74.990.35 918.65 Civil Defense 4.392.00 3,975.07 416.93 Animal Warden 17.263.00 14.656.92 2,606.08 Streets 232,635.00 216.377.81 16,257.19 Snow and Ice 24,100.00 29.986.21 (5,886.21) Traffic Signs/Signals 12,545.00 7.863.92 4,681.08 Storm Sewer 26,767.00 30.177.19 (3,410.19) Weed Eradication 2,750.00 1.355.36 1,394.64 Recreation 164,594.00 160~382.91 4,211.09 Parks 271,572.00 265.097.08 6,474.92 Other Functi6ns 127,609.00 144.315.54 (15,706.54) $1,989,524.00 $1,931,252.43 $ 59,271.57 Adopted this 24th day of April 1978. / ~--~k-Treasuror -,~NANCE NO. 78-6 AN ORDINANCE REPEALING ~.~CTION 4.74 OF THE CITY CODE AND ADDING' SE~T~,nSTS 3.300 THROUGH 3.308 PERTAINING TO ARCHI'IEi~T APPROVAL OF CERTAIN STRUCTURES. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.74 of the City Code is hereby repealed. Section 2. Sections 3.300, Architecture, through 3.308 are hereby added to the City Code as follows: 3.300 A R C H I T E C T'U R E 3.301 In all districts except GB and GI, all principal buildings (here- inafter "building") must be designed by a registered professional engineer or a registered architect. Those aspects of a building plan which relate unambiguously to the formulation of the aesthetic design and the solutien of the architectural problems of a structure must be prepared by or under the direct supervision of a registered architect. 3.302 Upon submission ~o the City for approval within this section of the City Code, building plans must bear a legend in substantially the following form: The aesthetic design features of this structure(s) have been prepared by me or under my direct supervision. (Signature by Registered Architect) Registration No. Date: 3.303 If building plans within the regulation of this section of the City Code have been prepared solely by a registered professional engineer, the plans submitted to the City for approval must bear a legend in substantially the following form: These plans have'been prepared.by me, or under my direct supervision, and the structure(s) shown thereon has no aesthetic design features, and the assistance, supervision and therefore approval of a registered architect is not required. (Signature by Registered Professional Engineer) Registration No. Date: 3.304 If the opinion expressed by a registered professional engineer in the preceding paragraph 3.303, as to whether the.building(s) is/are devoid of aesthetic considerations, so that an architect is not required, does not receive the concurrence of the City Department of Protective Inspections, the applicant shall be required to provide the City either with the c~rtificate required in paragraph 3.302 above, or provide a statement from a registered architect concurring with the certification of the registered professional engineer as described in paragraph 3.303, above. 3.305 The decision of the Department of Protective Inspections that the aesthetic considerations in the proposed building(s) require the work or direct supervision of a registered architect may be appealed to the City Manager and to the City Council, in that order. 3.306 The sole question to be decided upon appeal from the determination of the Department of Protective Inspections that the building (s) as proposed are subject to aesthetic considerations requiring that a registered architect do or supervise that portion of the proposed building plan is whether in the judgment of each level of review, the proposed building (s) is in fact devoid of the need for aesthetic considerations, so that the services of a registered architect are not mandated by this ordinance. 3.307 Notwithstanding the foregoing paragraphs 3.301 through 3.306, the following buildings are exempt from the provisions of 3.301 through 3.306: (a) Dwellings for single families, and outbuildings in connection therewith, such as barns and private garages; (b) Two-family dwellings; (c) Temporary buildings or sheds used exclusively for construction purposes, not exceeding two stories in height, and not used for living quarters; -2- (d) Any public work or public improvement done by a public body in this City, the cost of which does not exceed $30,000, provided that plans and specifications for such work or improvement affecting water supply or waste disposal are approved by the appropriate state agency; or (e) Any building, structure, or work, the total cost of which does not exceed $30,000. 3.308 Single family and two-family dwellings must not be identical or similar nor monotonously redundant within the same block. Section 3. Effective Date. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the 24th day of April, 1978. // Ed~/'~F~ Erickson, Mayor Att e st: ~~' ~~ ~-~-~li0t, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ~Y r~.. day of May, 1978. ) -3- RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 336 (PROPOSED R. L. JOHNSON PLAT, 31ST AND LOUISIANA AVENUES NORTH). 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 Orr-Schelen-Mayeron & 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 con- junction with any other improvement, and that the estimated cost of said improvement to the City is $80,000. 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. 336 (PROPOSED R. L. JOHNSON PLAT, 31ST AND LOUISIANA AVENUES NORTH). 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 22nd day of May, 1978, at 7:30 o'clock P.M. at the City Hall, 4401 Xylon Avenue North, in said City for the pur- pose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction of lateral sanitary sewer and water main 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 the South Three-Fourths of the Northeast Quarter of the Southwest Quarter of Section 20, Township 118 North, Range 21 West of the 5th Principal Meridian which lies north of the South 437.71 feet of said Northeast Quarter of the Southwest Quarter lying east of the West 150.00 feet of said Northeast Quarter of the Southwest Quarter. The East 190.00 feet of the North 230.00 feet of the South 437.71 feet of the Northeast Quarter of the Southwest Quarter of Section 20, Township 118 North, Range 21 West of the 5th Principal Meridian. 3. The estimated cost of said improvement is $80,000. 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 24th day of April, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post on the 4th and llth days of May, 1978. 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 24th day of April, 1978. / - Ed~ ~- Erickson, Mayor Attest: ~~5~~ ~B ~t~&~l~ouliot, Clerk-Treasurer -3- RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET AND STORM SEWER IMPROVEMENT NO. 337 (PROPOSED R. L. JOHNSON PLAT, 31ST AND LOUISIANA AVENUES NORTH) 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 street and storm sewer improvement for the City as hereinafter described is feasible and may best be made as proposed and not in conjuncti on with any other improvement, and that the estimated cost of said improvement to the City is $51,200. 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, ]~eing the official newspaper of the City, the first of such publications to l~e 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 AND STORM SEWER IMPROVEMENT NO. 337 (PROPOSED R. L. JOHNSON PLAT, 31ST AND LOUISIANA AVENUES NORTH) 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 22nd day of May, 1978 at 7:30 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 storm sewer and street improvements, including concrete curb and gutter, bituminous surfacing, Class 5 gravel, 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 the South Three-Fourths of the Northeast Quarter of the Southwest Quarter of Section 20, Township 118 North, Range 21 West of the 5th Principal Meridian which lies north of the South 437.71 feet of said Northeast Quarter of the Southwest Quarter lying east of the West 150.00 feet of said Northeast Quarter of the Southwest Quarter. The East 190.00 feet of the North 230.00 feet of the South 437.71 feet of the Northeast Quarter of the Southwest Quarter of Section 20, Township 118 North, Range 21 West of the 5th Principal Meridian. 3. The estimated cost of said improvement is $51,200. 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 24th day of April, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 4th and 11th days of May, 1978. 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 24th day of April, 1978. ~uliot, Clerk-Treasurer -3- RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT NO. 338 (CSAH 18 AND WEST RESEARCH CENTER ROAD) 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 Orr-Schelen-Mayeron & Associates, Inc., Engineers for the City have heretofore reported to this Council that a 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 $14,500. 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 IMPROVEMENT NO. 338 (CSAH 18 AND WEST RESEARCH CENTER ROAD) 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 22nd day of May, 1978 at 7:30 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 lateral sanitary 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: Lot 1, Block 1, Science Industry Center 2nd Addition. 3. The estimated cost of said improvement is $14,500. 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 purposed of being heard with respect to the making of said improvement. Dated the 24th day of April, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post on the 11th and 18th days of May, 1978. 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 24th day of April, 1978. /=-- ~J~ ~riekso{~, Mayor -3- A RESOLUTION PROCLAIMING PUBLIC WORKS WEEK WHEREAS, public works services provided in our community are an in- tegral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed'citizenry is vital to the planning and construction of public works pro- grams and systems such as water, sewer, streets, highways, and other types of facilities; and WHEREAS, the health, sanitation, safety and general well-being of this community depends, to a great degree, on these services and facilities~and WHEREAS, the quality, efficiency, and effectiveness of these facili- ties, as well as the planning, design, and construction of future facilities, is vitally dependent upon our public works engineers, administrators, and technicians; and WHEREAS, retaining and attracting qualified and dedicated personnel to staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work performed by such employees; NOW, THEREFORE, BE IT RESOLVED, that the City Council, City of New Hope hereby proclaims May 21-27, 1978 as NATIONAL PUBLIC WORKS WEEK and call upon all citizens and civic organizations to acquaint themselves with the problems involved in provid- ing public works facilities and services; and recognize the important role in our safety, health and well-being that is played by the public works officials in our community. Adopted this 24th day of April, 1978. yor ATTEST: ~k/TrJasurer RESOLUTION AUTH~}RIZING WAIVER OF PLATTING REGULATION WITHIN THE CITY OF NEW HOPE, MINNESOTA FOR PARCEL ABUTTING WEST OF MN&S TRACKS, SOUTH OF 42ND AVENUE NORTH (PLANNING CASE NO. 78-41) 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 reQulations may provide for a procedure for varying the regulations as they apply to specific properties where an unusual hardship on the land exits, but ~ariances 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. 2. 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 failure to comply does not interfere with the purpose of the Subdivision reoutations in this instance, and the plattinq authority of the City of ~ew 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) South 271 feet (5.72 width) of the following described property: That part of Lot 9, "Auditor's Subdivision Number 324, Henneoin County, Minnesota", described ts beginning at a point on a line drawn from a point on the North line of the Southwest 1/4 of the Northwest 1/4 of Section 17. Township liS, Range 21. distant 975.2 feet East along said North line from the Northwest corner of said quarter-quarte~ to a point on the South line of said quarter- quarter distant g71.25 feet East along said South line from the Southwest corner of said quarter- quarter, which point is 203.6 feet South alonq said line from the North line of said quarter-quarter, thence ~brth along said line to the North iine of said Lot 9. thence East along the North line of said Lot g to an intersection with a line drawn parallel ~o ~nd 55 feetWest measured at right angles, from the centerline of the railroad trac~ o~ the ~nneapo)~s, Northfield and Southern ~a~sway; thence South ~long said parallel line to an intersection with a line drawn East, ~arallel to the North line of said quarter-quarter, from the point of beginning; thence West along the last described parallel line to the point of beginning. Together with that part of.Lot g, "Auditor's Subdivision Number 32¢, Wennepin County, Minnesota", lying East of a line drawn parallel to and 55 feet West. measured at right angles, from the center line of the railroad track of the Minneapolis', Northfield and Southern Railway, and lying North of m line described as beginning at a point on a line drawn from a point on the North line of the Southwest 1/4 of the Northwest 1/4 of Section 17, Township llS,'Range 21, distant 975.2 feet East along said North line from the Northwest corner of said quarter-quarter to a point on the South line of said quarter-quarter distant 971.25 feet East along said South line from the Southwest corner of said quarter-quarter, which point is 474.6 feet South along said line from the North line of said ouarter-quarter, thence East parallel to the North line of said quarter~quarter to the East line of said Lot 9, according to the recorded plat thereof, except '~he South 271.00 feet thereof. Subject to roadway easement per Document Number 41g3ogg. b) Residue parcel. -2- Dated this 8th day of May, 1978. .~~ Mayor ATTEST ;~~~1~~ '~Yf't~efk-Treasurer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT NO. 326 (OLD DUTCH AND MEMORY LANE PONDS) 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 is $185,000 for the City of New Hope, of the total project cost of $390,000, the cost of the project being proposed to be shared equally with the City of Crystal. 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 STORM SEWER IMPROVEMENT NO. 326 (OLD DUTCH AND MEMORY LANE PONDS) 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 26th day of June, 1978 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 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 in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: Southeast 1/4, Section 7, Township 118, Range 21 West, Hennepin County, Minnesota; Southwest 1/4, Section 8, Township 118, Range 21 West, Hennepin County, Minnesota; Northwest 1/4, Section 17, Township 118, Range 21 West, Hennepin County, Minnesota; North 1/2, Southwest 1/4, Section 17, Township 118, Range 21 West, Hennepin County, Minnesota; Northeast 1/4, Section 18, Township 118, Range 21 West, Hennepin County, Minnesota. 3. The estimated cost of said improvement is one-half of the total project cost of $390,000, or $185,000, the total cost of the project being shared with the City of Crystal. 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 8th day of May, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 18th and 25th days of May, 1978. 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 8th day of May, 1978. ~J. Erickson, Mayor Attest: ~~ '~"B~t~oul~ot, Clerk Treasurer -3- RESOLUTION PROVIDING FOR PUBLIC I-IEARrNG' ON PROPOSED STREET IMPROVEMENT NO. 339 (WEST OF ST. RAPHAEL'S CHURCH, SOUTH OF BASS ~ ROAD) 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 of the City, have heretofore reported to this Council that a street 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 $7,800. 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 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 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. 339 (WEST OF ST. RAPHAEL'S CHURCH, SOUTH OF BASS LAKE ROAD) 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 12th day of June, 1978 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 a bituminous surfaced street, with a bituminous berm, including excavation, grading, and gravel base, and all other appurtenant works and services reasonably required therefor, to serve those premises in the City of New Hope, Minnesota abutting Tracts O and P, Registered Land Survey No. 97, commonly described as the Bass Lake Road, or Bass Lake Road Extension. The said abutting premises include Lots A and B of Registered Land Survey No. 1026, Lot A, Registered Land Survey No. 848 and part of Lot 39, Auditor's Subdivision No. 226 in the North 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 5, Township 118, Range 21, Hennepin County, Minnesota. 3. The estimated cost of said improvement is $7,800. 4. The area proposed to be assessed for the making of said improvement shall include the premises described in paragraph 2, above, including Tracts O and P, Registered Land Survey No. 97. 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 8th day of May, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 18th and 25th days of May, 1978. 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 8th day of May, 1978. E~J. Erickson, Mayor Attest: ~/~ ouliot, Clerk-Treasurer -3- RESOLUTION ORDERING CONSTRUCTION OF STREET AND STORM SEWER IMPROVEMENT NO. 337, AND ORDERING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. (PROPOSED R. L. JOHNSON PLAT) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 22nd day of May, 1978 at 7:30 P.M. at the City Hall, 4401 Xylon Avenue North in said City, on pro- posed Street and Storm Sewer Improvement No. 337 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 May 4 and 11, 1978. 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 22nd day of May, 1978. ~-/ ~ . E 'eks n, ayor Attest: ~ . ~-~t~ o'uliot, Clerk-Treasurer (Seal) RESOLUTION ORDERING CONSTRUCTION OF WATER AND SANITARY SEWER IMPROVEMENT NO. 336 AND ORDERING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. (PROPOSED R. L. JOHNSON PLAT) BE IT RESOLVED by the City Council of the City of New Hope/as follows: 1. This Council held a public hearing the 22nd day of May, 1978 at 7:30 P .M. at the City Hall, 4401 Xylon Avenue North in said City, on pro- posed Water and Sanitary Sewer Improvement No. 336 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 May 4 and 11, 1978. 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. Orr-Schelen-Mayeron & 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 22nd day of May, 1978. ~~uliot, Clerk-Treasurer (Seal) 1ol RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. 338 AND ORDERING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. (ROSEWOOD) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 22nd day of May, 1978, at 7:30 P .M. at the City Hall, 4401 Xylon Avenue North in said City, on pro- posed Sanitary Sewer Improvement No. 338 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 May 11 and 18, 1978. 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. Orr-Schelen-Mayeron & 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 22nd day of May, 1978. /- E~ ~Erickson, Mayor ' B--~tt~I~duli6t, Cler~-Treasurer (Seal) ORDINANCE NO. 78- 7 AN ORDINANCE AMENDING SECTIONS 8.40 THROUGH 8.72 BY RENUMBERING TO 8.4l) THROUGH 8.49, CAPTIONED TAXICABS AND TAXICAB DRIVERS, AND BY PROVIDING FOR RECIPROCITY. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Renumbering... Sections 8.40 through 8.72 under the caption Taxicabs and Taxicab Drivers are hereby renumbered to 8.40 through 8.49, and captioned as follows: Formerly New 8.40 8.40 TAXICABS AND TAXICAB DRIVERS 8.41 8.41 Definitions (Subd. (1) through (9) are unchanged) 8.42 8.42 Certificate of Public Convenience and Necessit~ 8.42 Subd. (1) Certificate Required 8.43 Subd. (2) Application for Certificate 8.44 Subd. (3) Public Hearing 8.45 Subd. (4) Issuance of Certificate 8.46 Subd. (5) Indemnity Bond or Liability Insurance Required 8.47 Subd. (6) License Fees for Certificate Holders 8.48 8.43 Transfer of Certificates, Suspension and Revocation 8.48 Subd. (1) Transfer (new caption) 8.49 Subd. (2) Suspension and Revocation of Certificates 8.50 8.44 Taxicab Driver's License 8.50 Subd. (1) License Required. (new caption) 8.5I Subd. (2) _Application for Driver's License 8.52 Subd. (3) Examination of Applicant - Current State Motor Vehicle Operator's Permit Required 8.53 Subd. (4) Police Investigation of Applicant - Traffic and Police Record 8.54 Subd. (5) Consideration of Application 8.55 Subd. (6) Issuance of License - Duration - Annual Fee , 8.56 Subd. (7) Display of License 8.57 Subd. (8) Suspension and Revocation of License 8.58 Subd. (9) Failure to Comply with City, State and Federal La}rs 8.59 8.45 Vehicl.es--E..quipm.en.t and Maintenance,. 8.60 Subd. (1) Inspections (new caption) 8.60 Subd. (2) .Des. ignation of Taxicabs 8.61 Subd. (3) Taximeter Required 8.62 8.46 Rates of Fare (revised caption) 8.62 Subd. (1) Rate Card Required (new caption) 8.63 Subd. (2) Receipts 8.64 Subd. (3) Refusal of Passenger to Pay Legal Fare 8.65 8.47 Taxicab Stands 8.65 Subd. (1) Establishment and Use (new caption) 8.66 Subd. (2)~ Prohibitions of Other Vehicles 8.67 8.48 Taxicab Service 8.67 Subd. (1) Answering CaIls (new caption) 8.68 Subd. (2) ~perating Requirements 8.69 Subd. (3) Extra Passengers 8.70 Subd. (4) Over Charging - 8.71 Subd. (5) True Destination and Distance 8.72 8.49 Violation Section 2. Section 8.42, Certificate of Public Convenience and Necessity, is amended by the addition thereto of the following: Provided, however, any holder of a Certificate of Public Convenience and Necessity (or like authorization) from the City of Minneapolis or the City of St. Louis Park, Minnesota, upon application as provided in Subd .~ (2) hereinafter, and furnishing proof of being such a holder, and upon furnishing proof of insurance as provided in Subd. (5) herein, shall be entitled to a Certificate issued by New Hope, without a hearing, upon payment of the required fee, and vehicle inspection as required by re- numbered Section 8.45 shall be waived. Ail other pro- visions of this ordinance shallapply to such certificate holders. New Hope Certificates issued based upon Minneapolis or St. Louis Park Certificates shall terminate upon expiration, termination, cancellation or suspension of the Minneapolis or St. Louis Park Certificate. Section 3. Effective Date. This ordinance shall be effective upon its passage and publication. Passed by the City Council of the City of N6w Hope the ??nd day of ~. May . ,1978. (Published in the New Hope-Plymouth Post thesth day of ,l::~e , 1978.) -- 2- ORDINANCE NO. 78- 8 AN ORDINANCE AMENDING SECTIONS 2.90, 2,300 and 2.410 (ECONOMIC DEVELOPMENT, ENVIRONMENTAL AND HERITAGE COMMISSIONS) AND ESTABLISHING THE NEW HOPE CITIZEN ADVISORY COMMISSION. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Sections 2.700 through 2.719 are hereby enacted, as follow s: 2.700 NEW HOPE CITIZEN ADVISORY COMMISSION 2.711 PurPose. The purpose of this section of the Code is to provide rules and regu- lations for the operation of the New Hope Citizen's Advisory Commission. 2.712 Establishment. There is hereby established a New Hope Citizen.Advisory Commission, which shall advise the New Hope City Council as to its opinions and recom- mendations on such subjects and matters which the City Council shall assign to it on a continuing, temporary or'interim basis, and shall serve as a resource group to the community, and as an informative and educational coordinator to the City, through the City Council. The CommiSsion shall receive projects and areas of responsibility from time to time from the City Council for review, study, analysis, debate, investigation, appraisal, and recommendation to the City Council, to provide the City Council with the maximum factual basis, as well as informed citizen opinion on various topics. Such assignments to the Commission shall be by resolution of the 'Council. 2;713 Terms of Office, Membership and Composition. The Commission shall consist of seven members, residents of New Hope, appointed by a majority of the Council, who shall serve without compensation at the pleasure of the Council. The terms of office shall be from January 1 to December 31 of each year, or until each individual successor has been appointed. The Commission, at its initial meeting, and each year thereafter, shall choose a chairperson, a vice chairperson, and a secretary. The chairperson shall preside at all meetings held during that year. The secretary shall regularly keep the minutes of each meeting of the Commission and shall also be responsible for forwarding a copy of such minutes promptly to the City Clerk. , 2.714 ~rganization and Meetings. A. Rules Governing.. The Commission shall be governed by Robert's Rules of Order and by the Open Meeting Law of the State of Minnesota, and other applicable laws. B. Meetings. (1) Regular Meetings. The Commission shall meet as is deemed necessary at the discretion of the Commission, but not less than once annually. The meetings shall take place in the City Hall, with notice duly given in the manner prescribed by the City Manager from time to time. The organizational meeting of the Commission for the purpose of electing officers shall take place no later than February 15 of each year. (2) Special Meetings.. Special meetings may be called by the chairperson or any three members of the Commission upon three days written notice to all members. 2.715 Vacancies and Removal of Members. A. Vacancies. A membership on the Commission shall become vacant upon the occurrence of any of the following, and shall be filled for the unexpired term by City Council appointment: i) the death of a member; ii) physical or mental disability rendering him incapable of service; iii) a change of residence outside of the City of New Hope; iv) resignation in writing directed to the Commission chairman; v) absence from four consecutive meetings, regular or special, unless excused by formal action of the Commission shall be deemed to constitute a resignation of a member, and a vacancy thereby automatically created. -- 2 -- B. Removal from Office. (1) By the Commission: The Commission, by a 3/5's vote of its members, may petition to the Council to remove any member when, in its discretion, the best interests of the City would be served thereby. (2) By the Council: The Council, by a majority vote of all its members, shall have the authority to remove any member of the Commission from office, whenever, in its discretion, the best interests of the City shall be served thereby. 2.716 Annual Report. The Commission shall prepare-an annual written report to be presented to the Council at the second Council meeting in January following the year involved. 2.717 Task Groups. Community task groups that form to study problems of the environment may approach the Commission or be referred to the Commission by resolution of the City Council. One or more members of the Commission may serve on the task group to act as a communication link between the task group and the Citizen Advisory Commission. 2.718 City Officials to Cooperate. Ail City officials, department heads, employees and appointees shall cooperate with the Commission and render all reasonable assistance. 2.719 Repeal.. Sections 2.90, 2.300 and 2.410 establishing and governing the Economic Development Commission, the Environmental Commission, and the Heritage Preservation Commission are hereby repealed, as their responsibilities will be assigned to the Citizen Advisory Commission. Section 2. Effective Date. This ordinance shall be effective from and after its passage and publication. -3- Passed by the City Council of the City of New Hope the22nd day of Ma.y , 1978. /- - ;~. ~J. Ericks.on, Mayor Attest: ~Treasurer (Published in the New Hope-Plymouth Post the R~_b day of ,l:!ne , 1978.) -4- RESOLUTION ASSIGNING RESPONSIBILITY FOR THE FUNCTIONS OF THE FORMER NEW HOPE HERITAGE PRESERVATION COMMISSION TO THE NEW HOPE CITIZEN ADVISORY COMMISSION. BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Scope of Responsibilities. The duties and responsibilities of the New Hope Heritage Preservation Commission are hereby assigned to the New Hope Citizen Advisory Commission for the purpose of preserving, where structurally and economically feasible, within the borders of New Hope, buildings, land, areas or districts which are determined by the Commission to possess particular cultural, architectural or educational value to the com- munity as a whole. 2. Powers and Duties. Applicable to Heritage Preservation. The Commission shall have the duty of receiving and investigating petitions or requests for a determination that a particular building, area of land, or district possesses characteristics which characterize it as having historical or cultural significance to the community as a whole. Any such determination shall include a comprehensive cost analysis to be supplied by the petitioners, as to the estimated costs of improving, rebuilding and maintaining any build- ing or any other item in a manner designed to promote the educational, cultural and general welfare of the public. The Commission may also, where considered necessary or desirable, recommend variances to the zoning ordinance to the City Council. The Commission shall also be empowered to seek, where pos- sible, private funding and governmental grants for the costs of preservation and maintenance, including donations, subject to the prior approval of the City Council, subject to utilization of customary City finance procedures. The Commission shall also have such other powers and duties as may be delegated to it from time to time by the Council. 2. This resolution shall be effective upon the passage and publication of the ordinance establishing the New Hope Citizen Advisory Commission. Dated the ~f~/day of/~ , 1978. ~liot, Clerk-Treasurer RESOLUTION ASSIGNING RESPONSIBILITY FOR THE FUNCTIONS OF THE FORMER NEW HOPE ENVIRONMENTAL COMMISSION TO THE NEW HOPE CITIZEN ADVISORY COMMISSION. The City Council of the City of New Hope finds as follows: (1) There exists an expression of interest among the citizens of this community in regard to the quality of the environ- ment, there being a deep concern for the safety, comfort, and well-being of our citizens, as well as posterity. (2) The problems of environmental control and the quality of the environment affects everyone. (3) Metropolitan growth has historically been coupled with deterio- ration of ecological systems. (4) It is the duty of government to safeguard our ecological systems and to assure all a safe healthful environment for work and leisure. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The duties and responsibilities of the New Hope Environmental Commission are hereby assigned to the New Hope Citizen Advisory Commission. The City Council may hereafter refer to the New Hope Citizen Advisory Commission problems including the following: air, water, watershed, community environmental aesthetics, noise and other pollution, land use, and solid waste disposal for study and recommendation to the Council. 2. This resolution shall be effective upon the passage and publication of the ordinance establishing the New Hope Citizen's Advisory Commission. Dated the ~i~ day of/~ , 1978. ~Be~x~c/uii0t', Clerk-Treasurer RESOLUTION ASSIGNING RESPONSIBILITY FOR THE FUNCTIONS OF THE FORMER ECONOMIC DEVELOPMENT COMMISSION TO THE NEW HOPE CITIZEN ADVISORY COMMISSION.. BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The duties and responsibilities of the New Hope Economic Develop- ment Commission are hereby assigned to the New Hope Citizen Advisory Commission. 2. The Commission shall have the following powers and duties: (1) To confer with and advise the Council and Planning Commission on all matters concerning the industrial and commercial develop- ment of the City. (2) To publicize, with the consent of the Council, the industrial and commercial advantages and opportunities of the City within the means provided by any appropriations made therefore by the Council. (3) To collect data and information as to the type of industries and commerce best suited to the City. (4) To periodically survey the over-all condition of the City from the standpoint of determining whether the City has a community climate for industry and to determine the general receptiveness of the City to particular types of industry. (5) To publicize information as to the general advantages and disadvantages of industrial and commercial development in a community. (6) To cooperate with all industries and businesses in the City in the solution of any community problems which they may have, and to encourage the expansion, development and management of such industries and businesses so as to promote the general welfare of the City. (7) To cooperate with all community groups and civic organi- zations within the City and to furnish them such aid and advice as deemed appropriate. (8) To aid the Council and Planning Commission in the proper zoning and orderly development of areas suitable for in- dustrial and commercial development. (9) To develop, compile, coordinate and publicize with avail- able funds information such as, but not limited to, the following: a. Existing industrial and commerical concerns with the City, their addresses, types of business, number of employees and whether each serves local, regional or national markets. b. Available industrial and commercial sites including number of acres, approximate price, existing zoning and proximity to trackage and highways. c. Available buildings for industrial and commercial operations including type of building, number of square feet, existing zoning and proximity to trackage and highways. (Minnesota State Department Form). d. Transportation facilities, including railroads, motor carriers, water transportation, air transportation and highway facilities. e. Electric power available. f. Fuels available for industrial and commercial use. g. Sewage disposal facilities. h. Water supply facilities. i. Community facilities such as fire, police and educational. j. Recreational facilities. k. Going wage rates in the City for the trades, skilled, semi-skilled and white collar workers. 1. Availability of labor. m. General community attitude toward industrial and com- mercial expansion, development and attraction. -2- n. Experience and program of surrounding suburban communities in regards to industrial and commercial expansion, development and attraction. (10) To recommend to the Council and Planning Commision policies and particular actions in regards to industrial and commercial expansion, development and attraction. (11) To cooperate with and use the facilities of the Minnesota Department of Business Development. 3. This resolution shall be effective upon the passage and publication of the ordinance establishing the New Hope Citizen Advisory Commission. Dated the ~.~/day of ~/~g_~ , 1978. / Attest: ~ 'Be(ty~l~ouliot, Clerk-Treasurer -3- CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF CHURCH VIEW ESTATES. 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 fi nal pl at.~-~4-~tqyx~-~~/~~~-~4~ ' '---Cll~k-Treas urer 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, here~ attest and certi~ that: (1) as such officer, I have the legal custody of the original ~solution of which the foregoing is a true and correct cow: (2) that said Resolution was duly adopted at a meeting of the CiO Council of said CiO on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice there- of as required ~ law, on May 22. 1978 - Witness ~ hand and the seal of said CiO this 6th dq of June , 19 78...- . ~~rk-Treasure'r RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF CHURCH VIEW ESTATES 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: Adopted by the Council this 22nd day of MO¥ , 1978 · ~~ ~ Mayor Attest: erk-Trea surer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 340. (PROPOSED BASS CREEK HIGHLANDS) 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 Orr-Schelen-Mayeron & 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 con- junction with any other improvement, and that the estimated cost of said improvement to the City is $100,000. 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. 340 (PROPOSED BASS CREEK HIGHLANDS) 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 26th day of June, 1978 at 7:30 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 sanitary sewer and water facilities including water main, hydrants, and all appurtenances, as well as sewer laterals and house services and sanitary sewer lift station and force main, 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: Outlot 1, Allan Hills Addition (Proposed Bass Creek Highlands Addition. 3. The estimated cost of said improvement is $100,000. 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 22nd day of May, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 8th day of June and the 15th day of June, 1978. 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 22nd day of May, 1978. · 'cks n, ayor Attest: ~ - - t~e~Pouliot, Clerk-Treasurer -3- RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT NO. 341 (PROPOSED BASS CREEK HIGHLANDS) 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 $29,000. 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 AND STORM SEWER IMPROVEMENT NO. 341 (PROPOSED BASS CREEK HIGHLANDS) 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 26th day of June, .1978 at 7:30 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 storm sewer including catch basins and surge basin structures and all necessary appurtenances, together with construction of bituminous surfacing and 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: Outlot 1, Allan Hills Addition (Proposed Bass Creek Highlands Addition) 3. The estimated cost of said improvement is $29,000. 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 22nd day of May, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 8th day of June and the 15th day of June, 1978. 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 22nd day of May, 1978. / E~r~. J. Erickson, Mayor Attest: ~ ]~e~t~ouliot, Clerk-Treasurer -3- RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT NO. 339 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 12th day of June, 1978, 7:00 o'clock P .M. at the City Hall, 4401 Xylon Avenue North in said city, on proposed Street Improvement No. 339 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 the 18th and 25th days of May, 1978. 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 impr.ovement 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 12th day of June, 1978. Be~rr~P~idt, Clerk-Treasurer CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF .GETTYSBURG,HILLS. SECOND ADDITION BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 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. Mayor Attest: ~rk-Treasurer CERTIFICATION STATE OF MINNESOTA SS COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City o.f 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 June 12, 1978 Witness my hand and the seal of said City this 13th day of June , 19 78. City Clerk-Treasurer RESOLUTION TEMPORARILY EXTENDING RESTRICTIONS ON THE DEVELOPMENT AND CONSTRUCTION OF MULTIPLE RESIDENCE DEVELOPMENT IN THE CITY OF NEW HOPE PENDING ENACTMENT OF THE NEW ZONING CODE PURSUANT TO THE COMPREHENSIVE PLAN AND ENACTING ORDINANCE 78-9 TO ACCOMPLISH THE SAME WHEREAS, in a discharge of its responsibilities as a planning agent for the City of New Hope, under the provisions of Minnesota Statutes 462.351 to 462.364 ,. the City Council has adopted a comprehensive zoning plan, and WHEREAS, this Council did pass ordinances 77-6, 77-17, 77-23, and 78-5, all being interim ordinances restricting the issuance of the building permits and the acceptance of applications for multiple residential developments, and WHEREAS, the new comprehensive plan of the City has been adopted, but the zoning code to implement the same has not been adopted, NOW THEREFORE BE IT RESOLVED by the City Council of the City of New Hope: 1. That pursuant to the provisions of Minnesota Statute 462. 355 (4), this council does hereby enact Interim Ordinance No. 78-9 as an extension of Ordinance 77-23, codified as Section 3.15 (1), a copy of Ordinance 78-9, being attached hereto. Dated the 12th day of June 1978. E ~. ri o ,Mayor · Bet~y~ouliot, Cl~-~k-Treasurer ORDINANCE NO. 78- 9 AN INTERIM ORDINANCE FURTHER EXTENDING THE RESTRICTIONS ON THE ISSUANCE OF BUILDING PERMITS AND THE ACCEPTANCE OF APPLICATIONS FOR MULTIPLE RESIDENTIAL DEVELOPMENTS. (AMENDING ORDINANCE 78-5) City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 3.15 (1), MR Permits, Suspension, is hereby further amended to read as follows: Subd. (1) MR Permits, Suspension. No building permit shall be issued before September ~] 5 1978 for the construction of multiple residence ~'IR) units whic-~ have not heretofore been approved for construction by the City Council. This expiration date is subject to revision upon the adoption of a new zoning ordinance pursuant to the new Comprehensive Plan heretofore adopted. Section 2. This ordinance shall be effective upon its passage and publication. Passed by the City Council of the City of New Hope the 1 2th day of June, 1978. Attest:~Zf~.~ , ,  li'ot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 22nd. day of dune , 1978.) RESOLUTION REQUESTING HENNEPIN COUNTY TO APPLY FOR MINNESOTA HOUSING FINANCE AGENCY HOME IMPROVEMENT GRANT FUNDS FOR IMPLEMENTATION WITHIN THE CITY OF NEW HOPE, MINNESOTA WHEREAS, the City of New Hope, Minnesota desires to assist low income homeowners in making repairs to their homes for the purpose of correcting defects affecting directly the safety, habitability, or energy usage of the pro- perty; and WHEREAS, The Minnesota Housing Finance Agency has funds to be used for such purposes, and will accept application from counties desiring to adminster these Home Improve- ment Grant Program funds; BE IT RESOLVED, that Hennepin County is hereby requested to include the City of New Hope, Minnesota in an application for Minnesota Housing Finance Agency Home Improvement Grant Program funds, and that upon approval of such application, the City and the County will enter into an agreement for operating the program within the City. Adopted this 12th day of June, 1978. y Cierk-~reasurer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 342 (PROPOSED HOUSE OF HOPE HILLS 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 Orr-Schelen-Mayeron & 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 con- junction with any other improvement, and that the estimated cost of said improvement to the City is $30,000.00. 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 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 SEWER AND WATER IMPROVEMENT NO. 342 (PROPOSED HOUSE OF HOPE HILLS ADDITION) 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 10th day of July, 1978 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 storm sewer including extension of sanitary sewer and water including manholes 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 North .398.26 feet of the South 730.69 feet of the West 1/2 of the Northwest 1/4 of the Southeast 1/4, Section 7, Township 118, Range 21, except road (proposed House of Hope Hills) 3. The estimated cost of said improvement is $30,000.00 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 12th day of June, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-PlYmouth Post the 22 and 29 days of June, 1978. 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 12th day of June, 1978. E~/'~ Erickson, Mayor Attest: ~/~~ B ~~u]iot, Clerk-Treasurer RESOLUTION ORDERING CONSTRUCTION OF PROPOSED STORM SEWER IMPROVEMENT NO. 326 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (OLD DUTCH AND MEMORY LANE PONDS) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 26th day of June 1978, at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Storm Sewer Improvement No. 326 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 the 18th and 25th days of May, 1978. 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 and 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 impr.ovement. Adopted by the City Council th~~ Attest: ~~~) / Ric~. Plufka, Ac4ing Mayor '~ I~e~/~ouliot, Clerk-Treasurer (Seal) RESOLUTION ORDERING CONSTRUCTION OF PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 340 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (PROPOSED BASS CREEK HIGHLANDS ADDITION) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 26th day of June, 1978, at 7:30 o'clock P.M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Sanitary Sewer and Water Improvement No. 340 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 the 8th day of June and the 15th day of June, 1978. 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. Orr-Schelen-Mayeron and 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 26th da~ o~lm~~.~ Attest:~.~,~_~ ' Richar~-'PluIka, Act~g Mayor ~ P~)uliot, Clerk-Treasurer (Seal) RESOLUTION ORDERING CONSTRUCTION OF STREET AND STORM SEWER IMPROVEMENT NO. 341 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (PROPOSED BASS CREEK HIGHLANDS ADDITION) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 26th day of June, 1978, at 7:30 o'clock P .M. at the City Hall, 4401:Xylon AvenUe North in said City, on proposed Street and Storm Sewer'Improvement No. 341' 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 the' 8th day of June and the 15th day of June, 1978.. 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 26th day '~-~' / .... Richar/.dJa~. Plufka, Ac~fng Mayor Attest: ' ~ ~o~liot, Clerk-Treasurer (Seal) ORDINANCE NO. 78-10 AN ORDINANCE AMENDING SECTION 2.700, NEW HOPE CITIZEN ADVISORY COMMISSION, AS TO THE CHAIRMAN, AS TO THE NUMBER OF MEMBERS AND AS TO PROJECT INITIATION City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 2.713 of the City Code, "Terms of Office, Membership. and, Composi. tion"is amended to read: The Co~nmission shall consist of not less than five and not more than fifteen members, residents of New Hope, appointed by a majority of the Council, who shall serve without Compensation at the pleasure of the Council. The terms of office shall be from January 1 to December 31, of each year, or until each individual successor has been appointed. The chairperson of the Commission shall be appointed by the City Council. The Commission, at its initial meeting, and each year thereafter, shall choose a vice chairperson, and a secretary. A quorum shall consist of a majority of the members then constituting the Commission. The chairperson, shall preside at all meetings held during that year. The secretary shall regularly keep the minutes of each meeting of the Commission and shall also be responsible for forwarding a copy of such minutes promptly to the City Clerk. Section 2. Section 2.712 of the City Code, "Establishment", is hereby amended by addition of the following sentence at the end of said paragraph: The Commission may also initiate projects on its own motion. Section 3. This ordinance shall be effective upon its passage and publication. Dated the 26th day of June, 1978. B~tt~i~({t, Clerk-T~ easurer (Published in the New Hope-Plymouth Post the day of , 1978) ORDINANCE NO. 78-I.1. AN ORDINANCE AMENDING CHAPTER 10 OF THE CITY CODE REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUORS AS TO FOOD SALES IN ON-SALE TAVERNS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. The "Intoxicating Liquors" section of the City Code, Section 10.01, Definitions, is hereby amended by changing Subd. (5) thereof to read as follows: Sub. (5) On-Sale, Tavern. "On-Sale, T.avern": Sale of liquor by the glass or by the drink in a liquor establishment used exclusively for the sale of intoxicating liquor at retail, and under the control of an individual owner or manager, As an incident thereof, such establishment may also sell ice, all forms of tobacco, non-intoxicating malt beverages and soft drinks at retail. It shall not include a restaurant, but may sell food for consumption on the premises, not prepared on the premises. Such food may not in any way be cooked on the premises, but pr.eviously cooked food may be heated on the premises if this. simply restores the food to its former condition as a cooked food suitable for hUman consumption, if such warming is not a part of the cooking process. Sandwiches may not be assembled on the premises for consumpt.ion thereon. No dancing or live entertainment is permitted. Section 2. This ordinance shall be effective upon its passage and' publication. Dated the 26th day of June, 1978. .,/ . Attest: gett~P~ibt' Clerk-Treasurer (Published in the New Hope-Plymouth Post the day of , 1978) CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF TETZLOFF FIRST 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 -- ~,lj~rk-Treasurer CERTIFIC~ION ~E OF MINNESOTA COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the Ci~ of New Hope, here~ attest and certi~ that: (1) as such officer, I have the legal custody of the original ~solution of which the foregoing is a true and correct cow: (2) that said Resolution was duly adopted at a meeting of the Ci~ Council of said Ci~ on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice there- of as required ~ law, on June 26, 1978 . Witness ~ hand ay the seal of said Ci~ this ~ 'day of ~u~ , 197~. ~J ~ Ci~ Clerk-Treasurer RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF ~ETZLOFF FIRST ADDITTON 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 easen:ents in said plat have sufficient and good title in the lands platted to do so. (c) Additional conditions: Adopted by the Council this 26th day of June , 19 78. X/Clerk-Treasurer · RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER AND WATER IMPROVEMENT NO. 342 (PROPOSED HOUSE OF HOPE HILLS ADDITION) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 10th day of July, 1978, at 7:00 P .M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Sanitary Sewer and Water Improvement No. 342 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 the 22nd and 29th days of June, 1978. 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. Orr-Schelen-Mayeron & 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 10th day of July, 1978. ~j/ ~. J. Eriekson, Mayor Attest: ~ '- B ~j~{~liot, Clerk-Treasurer (Seal) RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 344 (PROPOSED FLEETWOOD ESTATES PLAT) 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 Orr-Schelen-Mayeron & Associates, Inc., Engineers for the City, have heretofore reported to this Council that a sanitary sewer and water ' 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 $82,000.00. 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 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 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 WATER IMPROVEMENT NO. 344 (PROPOSED FLEETWOOD ESTATES PLAT) 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 24th day of July 1978 at 7:30 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 sanitary sewer and water laterals including manholes, house services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: Premises lying North of the South line of Ensign Avenue North, extended Westerly between Hillsboro Avenue North and Flag Avenue North, lying South of 30th Avenue North, proposed Fleetwood Estates Addition. 3. The estimated cost of said improvement is $82,000.00. 4. The area proposed to be assessed for the making of said improvement 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 10th day of July, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 13th and 20th daYs of July, 1978. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and pr~ovisions in ac- cordance with whiCh said hearing shall be held. Dated this 10th day of July, 1978. Bet~ ~q~liot, Clerk-TreaSurer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET 'IMPROVEMENT NO. 346 (PROPOSED FLEETWOOD ESTATES 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 street 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 $15,600.00. 2. This Council shall meet at the time and place specified in the fOrm of a notice included in paragraph 3 hereof 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 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. 346 (PROPOSED FLEETWOOD ESTATES ADDITION) ~ 'City '0f' NeWi'H0pe¥ MinnesOta 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 24th day of July, 1978 at 7:30 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 street improv'ement including construction of concrete curb and gutter and bituminous street surfacing 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: premises lying North of the South line of Ensign Avenue North, extended westerly, between Hillsboro Avenue North and Flag Avenue North ,' and lying South of 30th Avenue North, proposed Fleetwood Estates Addition. 3. The estimated cost of said improvement is $15,600.00. 4. The area proposed to be assessed for the making of said improvement 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 improv'ement. Dated the I0th day of July, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-PlYmouth Post the I3th and 20th days of July, 1978. 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 10th day of July, 1978. / Edw~/~E~ickson, Mayor RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 345 (PROPOSED 29th AVE. NO. , WEST OF LOUISIANA AVE. NO.) 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 Orr-Schelen-Mayeron & Associates, Inc., Engineers for the City, have heretofore reported to this Council that a sanitary sewer and water 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 $97,500.00 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 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 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 WATER IMPROVEMENT NO. 345 (PROPOSED 29th AVE. NO. , WEST OF LOUISIANA AVE. NO.) · '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 24th day of July, 1978 at 7:30 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 sanitary sewer and water laterals including manholes, house serves 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 the Southwest Quarter of Section 20, TownshiP 118, Range 21, Hennepin County, Minnesota, lying easterly of the Minneapolis, Northfield and Southern Railroad right-of-way, lying southerly of the proposed R.L. Johnson Plat, (that part of the South Three-Fourths of the Northeast Quarter of the Southwest Quarter of Section 20, TownshiP 118 North, Range 21 West of the 5th Principal Meridian which lies north of the South ·437.71 feet of said Northeast' Quarter of the· Southwest Quarter lying east of the West 150.00 feet of said Northeast Quarter of the Southwest Quarter, Hennepin County, Minnesota), and northerly of Registered Land Survey Number 1362; excepting therefrom the east 283 feet of that part of said Southwest Quarter lying southerly of the north 403 feet thereof; also excepting KRANZ ADDITION, according to the record plat thereof on file in the Office of the County Recorder, Hennepin County, Minnesota. 3. The estimated cost of said improvement is $97,500.00. 4. The area proposed to ba assessed for the making of said improvement shall include the premises described in paragraph 2, above. 5. All 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 10th Day of June, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 13th and 20th days of July, 1978. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and pr.ovisions in ac- cordance with WhiCh Said hearing shall be held. Dated this 10th day of July, 1978. Attest: ~Surer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET AND STORM SEWER IMPROVEMENT NO. 347 (PROPOSED 29th AVE. NO. , WEST OF LOUISIANA AVE. NO.) 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 street 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 $'98,800.00. 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 construction of a public'improv'ement 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 AND STORM SEWER IMPROVEMENT NO. 347 (PROPOSED 29th AVE. NO., WEST OF LOUISIANA AVE. NO.) '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 24th day of July, 1978 at 7:30 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 street and storm sewer including excavation, construction of base, concrete curb and gutter, bituminous surfacing, manholes and catch basins 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 East 1/2. of the Southwest 1/4 of Section 20, Township 118, Range 21 West, Hennepin County ,-Minnesota. 3. The estimated cost of said improvement is $98,800.00. 4. The area proposed to be assessed for the making of said 'improvement 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 I0th day of July, 1978. Betty Pouliot City Clerk-Treasurer Published in the NeW Hope-PlYmouth Post the 131:h and20th day of July, 1978. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and pr.ovisions in ac- cordance with WhiCh said hearing shall be held. Dated this 10th day of July, 1978. ~..//. ' Edw..J/.~r~ckson, Mayor Attest:' ' Be~-i~l~ot, Clerk-TreaSurer RESOLUTION CONSIDERING SIGN VARIANCE REQUEST FOR SAMBO RESTAURANT, 7201 BASS LAKE ROAD (PLANNING CASE 78-42) BE IT RESOLVED by the City Council, sitting as the Board of Appeals and AdjuStments of the City of New Hope, Minnesota: WHEREAS, Chapter 3.187 of the City Code authorizes the Board of Appeals and AdjuStments to vary the requirements of the New Hope Sign Ordinance in harmony with general purposes and intent of the Ordinance, so that the public health, safety and general welfare may be secured and substantial justice done, and WHEREAS, in considering a variance the Board of Adjustments and Appeals shall make a finding of fact and gross approval based on the following conditions: 1. That the conditions involved are unique to the particular parcel of land or use involved. 2. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the business involved. 3. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. 4. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements to the neighborhood. 5. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of public streets, or interfere with the function of the police and fire departments of the City, and WHEREAS, Signcrafters, the petitioner in this case acting on behalf of the owners and developers of the property have submitted for approval a plan for a sign advertising "Sambo's", with all letters of the "Sambo's" sign exceeding the allowable height of 10" as regulated by Section 3.185, Subdivision 5 (c)3 of the Sign Ordinance, and, WHEREAS, the said Section 3.185, Subdivision 5 (c)3 provides that the maXimUm 10" letter height does not apply to logos, and WHEREAS, petitioner contends that the word "Sambo's" in its proposed sign, being a registed trademark is a logo within the meaning of the following Section 3.182 (m) of the New Hope Sign Ordinance: (m) Sign,. LOgo - Any letter, character or symbol used to represent an entire word or group of words denoting the name, trade or purpose of any business. WHEREAS, the Planning Commission heard the petitioner at a regular meeting on June 6, 1978, and this Council heard the petitioner at its regular meeting of June 12, 1978, and the minutes of said meetings are incorporated herein by this reference. NOW THEREFORE BE IT RESOLVED, this Council herebY makes the following FINDINGS OF FACT 1. A trademark would qualify as a logo under the definition in the New Hope Sign Ordinance only if it was also a "letter, character, or symbol used to represent an entire word or group of words denoting the name, trade, or purpose of any business", and a trademark of itself does not qualify as a logo under the ordinance, absent the other conditions stated. 2. The petitioner had a copy of the Sign Ordinance, has represented to this council that its attornies examined the Ordinance, and that the sign was designed accordingly. 3. The petitioner and its experts did not correctly interpret the definition of logo. 4. The sign conditions involved are applicable in general to all similarly situated parcels on minor exterior streets, are not unique to the particular parcel or use, and do not constitute grounds for a variance. 5. No argument has been advanced by the petitioner that the purpose of the requested variance is anything other than a desire to increase the income potential of the Sambo's Restaurant involved, and no grounds for a variance can be found on this point. 6. The Council finds that the alleged difficulty or hardship is not caused by the Ordinance, but if such difficulty or hardship exists, it was created by the misinterpretation of the Ordinance by petitioner and its principal. 7. That the granting of the variance would be detrimental to the public welfare and injurious to other land improvements in the neighborhood as all other similarly situated parcels are uniformly bound by and in compliance with the terms of the New Hope Sign Ordinance. 8. That the proposed variance would not'impair an adequate supply of light and air to adjacent property, but could increase the congestion of the public street as a traffic slowing attention getter. The petition for a sign variance in Planning lease 78-42 is DENIED. Dated the /0 ~ day 1978. // Edw..~ckson, Mayor Attest: .. ~Iiot, Clerk-Treasurer ORDINANCE NO. 78- ] ] AN ORDINANCE AMENDING CHAPTER 8.12 OF THE CITY CODE BY ADDING A LIMITED RESTAURANT CLASSIFICATION FOR ON-SALE, TAVERN City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 8.12 "License Fees" of the "Food Handling" portion of the City Code is hereby amended by the addition of the following section e). On-Sale Tavern, Limited Restaurant. 8.12 License Fees The license fee shall be as follows: Subd. (1) Restaurants c) On-Sale Tavern, Limited Restaurant $35 for any establishment licensed as an On-Sale Tavern offering a limited menu of not more than 5 different sandwiches, and not more than two side dishes, such as slaw or potato salad. The dollar volume of food sales must be a minimal portion of the total licensed beverage and food sales. Section 2. This ordinance shall be effective upon its passage and publication. Dated the ]0th day of July., 1978.. Attest: ~-~~' / Edw '~/~ricks°n ' MaY°r Bet~ P~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 20th day of July , 1978) U,S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL DISASTER ASSISTANCE ADMINISTRATION DESIGNATION OF APPLICANT'S LOCAL AGENT RESOLUTION CITY COUNCIL CITY OF NEW HOPE BE IT RESOLVED BY OF {Governing Body) {Public Entity) ' THAT HARLYN G. LARSON CITY MANAGER *{Name of lncumbent} {Official Position) 4401 XYLON AVENUE NORTH 533-1521 (Address) (Telephone No.) NEW HOPE MINNESOTA 55428 (City) (State) (Zip Code) THE CITY OF NEW HOPE is hereby authorized to execute for and in behalf of. , a public entity established under the laws of the State of MINNESOTA , this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. THAT THE CITY OF NEW HOPE , a public entity established under the laws of the State of MINNESOTA , hereby authorizes its agent to provide to the State and to the Federal Disaster Assistance Administration (FDAA), Department of Housing and Urban Development (HUD) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. Passed and approved this f0~ day.p[ JULY ! ,19 78, -- /'~/-- (Name and Ti'tie) / .~..: /. (Name and Title) · 'N~f 1Name ag~I Title) CERTIFICATION BETTY POULIOT CITY CLERK-TREASURER I, , duly appointed and. of CITY OF NEW HOPE /Title) , do hereby certify that the above is a true and correct copy of a resolution CITY COUNCIL CITY OF NEW HOPE passed and approved by the .... of. (Governing Body) ' (Public En try} 10th JULY 78 on the day of ,19 (Official Position) r'--~-~N/ (Signature) ~Name of incumbent need not be provided in those eases where the governing body of the public entity desires to authorize any incumbent of the designated official position to represent it. HUD-490 RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR STORM SEWER IMPROVEMENT NO. 326 (OLD DUTCH & MEMORY LANE PONDS) WHEREAS, This Council did on June 26, 1978 order the construction of Proposed Storm Sewer Improvement No. 326 pursuant to the provisions of Minnesota Statute 429, and WHEREAS, construction of this storm sewer system will require the use of certain private lands for the construction of pipes, manholes, and holding ponds (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 storm sewer construction and consequent protection of the public health, safety and welfare, and WHEREAS, the City is authorized by the provisions of Minnesota Statute 119 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, independent fee appraisers, and other personnel necessary to conclude the matter. Adopted by the City Council this ! ~ day of July, 1978. ayor ~~o{, dierk-Treasurer ORDINANCE NO. 78-13 AN ORDINANCE AMENDING SECTION 4.43 OF THE CITY CODE BY ADDING DRIVE-UP SERVICE WINDOWS AS A SPECIAL USE FOR CERTAIN RESTAURANTS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.44(3) of the City Code, listing of special uses in retail business districts is hereby amended Dy the addition thereto of the following: (3) In Retail Business Districts: Drive-up service windows for fast food restaurants (as defined in Section 3.03 (1), with special criteria as follows: (i) Only fast food restaurants qualify. (ii) Not less than 180 feet of segregated automobile stacking lane must be provided for the service window. (iii) The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and green area on the site. (iv) No part of the public street or boulevard may be used for stacking of automobiles. (v) The stacking lane and window placement must be designed and located in such a manner as to minimize automobile and communication noises, emissions and headlight glare as to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. (vi) As a condition of issuance of a special use permit~ hours of operation may be limited as necessary to minimize the effect of nuisance factors such as' traffic, noise and glare. Section 2. This ordinance shall be effective upon its passage and publication. Dated the 24th day of July, 1978. ATTEST: .t~~~~-~ j- E dway. E rick§on, Mayor Betty P,~XTiot, City Clerk-Treasurer (Published in the New Hope-Plymouth Post the lOth day of August, 1978. RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER AND WATER IMPROVEMENT NO. 344 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (FLEETWOOD ESTATES) 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 July, 1978, at 7:30 o'clock P .M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Sanitary Sewer and Water Improvement No. 344 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 the 13th and 20th days of July, 1978. 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. Orr-Schelen-Mayeron & 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 July, 1978. / ~ B e~y~l~liot, Clerk-Treasurer J (Seal) RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT NO. 346 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (FLEETWOOD ESTATES) 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 July, 1978 at' 7:30 o'clock P .M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Street Improvement No. 346 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 the 13th and 20th days of July, 1978. 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 July, 1978. ~~_/~ - . Mayor Attest: ~Be~ty P~uliot, Clerk-Treasurer (Seal) RESOLUTION ORDERING CONSOLIDATION OF STREET AND STORM SEWER IMPROVEMENTS 339 (BASS LAKE ROAD EXTENSION), 341 (PROPOSED BASS CREEK HIGHLANDS) , AND 346 (PROPOSED FLEETWOOD ESTATES) AS IMPROVEMENT NO. 341A BE IT RESOLVED by the City Council of the City of New Hope, Minnesota: 1. This Council heretofore held public hearings and ordered construction of sewer and water improvements as follows: Hearing Held and Estimated Construction Ordered Cost 339 (Bass Lake Road Extension West of St. Raphael) 6-12-78 $ 7,800 341 (Bass Creek Highlands) 6-26-78 29,000 346 (Fleetwood Estates) 7-24-78 15,600 2. It is hereby found and determined to be feasible and in the best interests of the City to combine Improvements 339, 341 and 346 into a single improvement for purposes of plans and specifications and bidding, and for the letting of a contract, pursuant to M.S. § 429.041, and said combining is so ordered, and said consolidated improvement shall be identified as Street and Storm Improvement No. 341A. 3. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, are hereby directed to proceed with such consolidation and with preparation of plans and specifications and bid preparation accordingly. Dated the 24th day of July, 1978. Attest: ~~ ' ~lerk-Treasurer (Seal) RESOLUTION ORDERING CONSOLIDATION OF SANITARY SEWER AND WATER IMPROVEMENTS NOS. 338 (ROSEWOOD), 340 (PROPOSED BASS CREEK HIGHLANDS) , 342 (PROPOSED HOUSE OF HOPE HILLS), 344 (PROPOSED FLEETWOOD ESTATES) AS IMPROVEMENT NO. 340A BE IT RESOLVED by the City Council of the City of New Hope, Minnesota: 1. This Council heretofore held public hearings and ordered construction of sewer and water improvements as follows: Hearing Held and Estimated Construction Ordered Cost 338 (Rosewood) 5-22-78 $ 15,400 340 (Bass Creek Highlands) 6-26-78 100,000 342 (House of Hope Hills) 7-10-78 30,000 344 (Fleetwood Estates) 7-24- 78 82,000 2. It is hereby found and determined to be feasible and in the best interests of the City to combine Improvements Nos. 338, 340, 342 and 344 into a single improvement for purposes of plans and specifications and bidding, and for the letting of a contract, pursuant to M.S. § 429.041, and said combining is so ordered, and said consolidated improvement shall be identified as Sanitary Sewer and Water Improvement No. 340A. 3. Orr-Schelen-Mayeron & Associates, Inc., Engineers for the City, are hereby directed to proceed with such consolidation and with preparation of plans and specifications and bid preparation accordingly. Dated the 24th day of July, 1978. ~'~ ~/Clerk-Treasurer (Seal) CITY OF NEW HOPE RESOLUTION APPROVING 'PLAT OF BASS CREEK HIGHLANDS 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 - Mayor Attest: ~~k-Treas urer--' ....... CE~IFIC~ION ~E OF MINNESOTA SS ~UNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the CiO of New Hope, here~ attest and lcerti~ that: (1) as such officer, I have the legal custo~ of the original ~solution of which the foregoing is a true and correct cow: (2) that said Resolution was duly adopted at a meeting of the CiO Council of said CiO on the date hereafter indicated; and (3) said meeting was duly held, pursuant to-call and notice there- of as required ~ law, on JulS 24, 1978 Witness my hand a~ the seal of said CiO this d~ of ~/y ~ , 19.?~. ' ,/ ~J'- iCi~ C~rk-Treasurer RESOLUTION APPROVING CLASSIFICATION LIST "654-NC" DATED JULY 27, 1978 WHEREAS, the City Council of the City of New Hope, Hennepin County, Minnesota, has received from the Finance Division Manager of Hennepin County, Minnesota, a list of lands in said City, which became the property of the State of Minnesota for non-payment of taxes, which said list has been designated as Classification List "654-NC"; and WHEREAS, each parcel of land described in said list has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota, as non-conservation land, and the sale thereof has heretofore been authorized by said Board of County Commi ssi oners: NOW, THEREFORE~ BE IT RESOLVED, by said City Council, acting pursuant to Minnesota Statutes Section 282.01, Subd. 1, that the classification by said Board of County Commissioners of each parcel of land described in said list as non-conservation land be and the same is hereby approved, and that~the sale of such parcel of land be and the same is hereby approved; BE IT FURTHER RESOLVED t'hat the Board of County Commissioners be advised that it is the intent of the City of New Hope to make application for the conveyance to the City of Plat 62218, Parcel 1359. Adopted by the City Council this 14th day of August, 1978. '~/ C!erk~Treasurer RESOLUTION AUTHORIZING APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX FORFEITED LAND (Plat 62218, Parcel 1359) WHEREAS, the City Council of the City of New Hope, Hennepin County, Minnesota, has received from the Finance Division of Hennepin County, Minnesota, a list of lands in said City which became the property of the State of ~.linnesota under the provisions of law declaring the forfeiture of lands to the State for non-payment of taxes, which said list has been designated as Classification List "654-NC" dated July 27, 1978. WHEREAS, said land is needed for public use; namely Unplatted Section 18, Township 118, Range 21 Commencing at a point in SoUth line of Block 10, Hopewood Hills distant 266 14/100 ft East from SW corner of Lot 4, said Block 10 thence East tO SW corner of Lot 13, said Block 10, thence South to S~ corner of Lot 7, Block 1, Towers North thence NWly to beg. (Plat 62218, Parcel 1359) NOW, THEREFORE, BE IT RESOLt'ED, by said City Council, that application is hereby made for tl~e conveyance of aforementioned taxforfeited land described in C'assification List "654-NC" to the City of New Hope, Hennepin Count,,, Minnesota, and the Mayor and the Manager are directed and aut~orized to execute and deliver an "APPLICATION BY GOVERNMENTAL SUBIIIVISION FOR CONVEYANCE OF TAX- FORFEITED LANDS, "pursuant to Minnesota Statute 282.01; and that upon due execution of said application, the same be transmitted to the Hennepin County Land Department. Passed by the City Council this 14th day of August, 1978. Mayor ATTEST: ~~ -- '- / Clerk Treasurer ORDINANCE NO.. 78- ]4 AN ORDINANCE AMENDING SECTION 8.12 OF THE CITY CODE RELATING TO LICENSE FEES FOR FOOD HANDLING BY REQUIRING A LICENSE FOR COMMERCIAL STORAGE OF FOOD IN RESIDENTIAL AREAS. City of New Hope, Minnesota The City Council of the City of New }{ope ordains: Section 1. Section 8.10, Food Handling, of the City Code is amended by adding a new subdivision 8 under 8.12, License Fees, as follows: Subd. (8) Home Storage of Food Stuff for Vending. $10 per location for the storage, in a private residence, of food stuff used in the stocking of vending routes. As a condition for issuing this license and the continued operation thereunder, the licensee shall agree to conform to all of the requirements of the City Zoning Code regarding home occupations and shall be regulated thereby, and shall store permitted food stuffs in a metal cabinet or similar fixture approved by the City Sanitarian. The fixtures and premises shall be maintained in a manner acceptable to the Sanitarian who shall have the right to inspect the premises upon request. In no case shall perishable, readily perishable or frozen foods, as defined in Minnesota Statutes § 28A.03 be stored under this license, nor shall the total amount of food stuffs stored exceed the amount that can be transported in a standard size station wagon. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope this ] 4th day of August , 1978. EJ~. J~ Erickson, Mayor l~r~' ~P~li~t, Clerk-Treasurer (Published in the New Hope-Plymouth Po~t the 24th day of ^uqust , 1978.) ORDINANCE NO. 78-] AN ORDINANCE AMENDING SECTION 4.103 OF THE CITY CODE BY AMENDING EXTENT OF MR DISTRICT. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.103 of the City Code is amended by the addition of the following: (45) Lot 1, Block 1, Mork Campion Manor 2nd Addition. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope this ]..!th day of Auqust , 1978. ~ E~r~. ~. Erickson, Mayor Attest: g~ y~,961{ot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 24th day of August , 1978.) ORDINANCE NO. 78- ] 6 AN ORDINANCE AMENDING SECTION 4.52 OF THE CITY CODE BY ADDING DRIVE-UP SERVICE WINDOWS FOR FINANCIAL INSTITUTIONS IN BUSINESS AND INDUSTRIAL DISTRICTS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.52 of the Code Code, Accessory Uses in Business and Industrial Districts, is amended by the addition of the following sub- division (4): (4) One lane drive-up service windows for federal and state regulated financial institutions in RB or Industri~ Districts, providing the facility is approved as part of the original construction approval of the building. If a service window is to be added to an existing building, or if more than one lane is to be provided, a special use permit procedure shall be used and the facility must be found to meet the criteria of Sections 4.43 (2) or (3) (whichever is applicable) and the Council shall apply such conditions as it deems necessary to reasonably control traffic, noise and other nuisance characteristics. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope this ] 4th day of Augu~ , 1978. E~. J~. Erickson, Mayor Attest: ~~ ~etty lfouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 24th day of August , 1978.) ORDINANCE NO. 78-17 AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE (SUBDIVISION ORDINANCE) BY REVISING BOND REQUIREMENTS FOR SUBDIVIDERS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 13.022 (30), Subdivision Bond, is amended to read: (30) Subdivision Bond -- is security approved by the City to assure the City that improvements and utilities will be actually con- structed and installed in accordance with City specifications and requirements, as expressed in a contract and by City ordinance and regulations. Such security may be by cash deposit, savings account or certificate of deposit assigned to the City, by letter of credit, corporate surety bond .or other bond with surety and conditions satisfactory to the city. Section 2. Section 13.061, Required Agreements and Bonds, is amended by the addition thereto of the following Section (e): (e) Assessed Improvements. When the City agrees to install improvements in a subdivision and assess the cost pursuant to ~i.S. § 429, the Subdivision Bond shall be one-half of the estimated cost of the improvement. The Subdivision Bond shah guarantee timely payment of all assessments on the property, and shall provide for payment in full of such assessments within three years of the date of a resolution levying such assessments. Section 3. Section 13.031, Preliminary Plat, is amended by substituting (Section) 13.11 for the reference to Section 12. Section 4. Section 13.053 (10), Widths (of Streets and Alleys), is amended by substituting (Section) 13.053 (2) for the reference to Section 5, Subd. C (2). Section 5. Section 13.071 (1), Staff Approvals of Plat, is amended by substituting (Section) 13.06 for the reference to Section 7. Section 6. Section 13.074 (1), Street Improvements, is amended by substituting (Sections) 13.05 and 13.08 respectively for the references to Sections 5 and 9; in Subdivisions (2), (4), and (6) of the same section, (Section) 13.08 is sUbstituted for the reference to Section 9; in Subdivision (7) of the same section, (Section) 13.084(3) f is substituted for the reference'to Section 9; in Subdivision (8) of the same section, (Section 13.084(3) b is substituted for the reference to Section 9. Section 7. Section 13.084 (f)(5), Sod, Boulevard Trees, Street Signs, is amended t)y substituting (Section) 13.074(6) for the reference to Section 8, Subd. D (6). Section 8. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the ~/ day of // Ed~/. J. Eriekson, Mayor Attest: ~t~Pouliot, Clerk-Treasurer (Published in the New Hope'Plymouth Post the 3/ day of .~ u~ ~ , 1978.) RESOLUTION APPOINTING ELECTION JUDGES FOR PRIMARY ELECTION OF SEPTEMBER 12, 1978 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The persons below named are hereby appointed judges for the Primary election to bl held in the City of New Hope, County of Hennepin, State of Minnesota, on Tuesday, September 12, 1978. The judges appointed, the chairperson of the election board of each precinct designated and precinct and voting places wherein they shall serve and the hours of voting are established as follows: A. PRECINCT ONE -- SunnyHollow School 8808 Medicine Lake Road To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Lois Gould 3027 Ensign Avenue North 545-0826 Jeanne Broms 3100 Ensign Avenue North 546-7728 Mary Litterer 8800 31st Avenue North 544-0042 Lorraine Clausen 9009 30th Avenue North 545-0826 Chairperson Elaine Wojack 3024 Ensign Avenue North 545-8288 Helene Earley 3125 Hillsboro Avenue North 546-5733 Audrey Cameron 9117 34½ Avenue North 545-6531 B. PRECINCT TWO -- Sonnesyn Elementary School 3421 Boone Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Wanda Sandberg 3513 Aquila Avenue North 544-3719 Chairperson Sherrie Snwallich 3530 Zealand Avenue North 544-8254 Charlotte Comfort Linder 3308 Yukon Avenue North 645-3903 Abbey Walden 3301 Yukon Avenue North 544-7038 Cathy Smekar 3510 Xylon Avenue North 544-6433 Beatrice King 3316 Xyton Avenue North 544-5865 Alyce Rodda 3437 Yukon Avenue North 544-2184 C. PRECINCT THREE SOUTH -- Parish Community of St. Joseph 3501 Boone Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Karen Clifford 9400 Northwood Parkway 545-5387 Lavonne Guttormson 9308 Northwood Parkway 544-9792 Carol Besonen 4076 Flag Avenue North 544-7854 Sharon Bobqan 3708 Gettysburg Avenue North 544-2048 Chairperson Lorraine-G~ace Folkerds 3748 Gettysburg Avenue North 545-4429 Collette Gallagher 3609 Gettysburg Avenue North 54~.-9835 Mary Schendel 3633 Boone Circle 544-2304 D. PRECINCT THREE NORTH -- Crystal Evangelical Free Church 4225 Gettysburg Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Marianne Wasnick' 9029 46th Avenue North 537-7658 Chairperson Sand~a Tomczik 4501 Flag Avenue North 535-6986 Alice Hanson 4841 Ensign Avenue North 533-3998 Helen Nielsen 9020 46th Avenue North 535-0925 Berdella Fick 8941 48th Avenue North $33-1216 Milene Adams 9000 48th Avenue North 533-5491 Mary Huch 4608 Hillsboro Avenue North 537-5138 E. PRECINCT FOUR -- New Hope Elementary School 8301 47th Avenue North Joan Demeules 4964 Xylon Avenue North 533-9917 Chairperson Jerene Sueker 3924 Xylon Avenue North 545-8702 Jane Silvola 3909 Xylon Avenue North 544-5809 Shirley Forness 8224 38th Avenue North 545-2201 Mary Huttner 8608 Hopewood Lane 544-1135 Virginia Gooley 8516 36½ Circle North 544-8059 Marilyn Merritt 8124 40th Avenue North 544-6198 ~ -2- F. PRECINCT FIVE -- Holy Nativity Lutheran Church Youth Building 3540 Winnetka Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Marguerite Winker 7800 48th Avenue North Rosemary Kaisershot 4031 Maryland Avenue North Gean Eiden 7803 49th Avenue North Deanna Fransen 3716 Maryland Avenue North Chairperson Geraldine Simertz 3708 Maryland Avenue North Donna Hoover 3791 Louisiana Avenue North Louise Jacobs 8219 47th Avenue North G, PRECINCT SIX -- Hosterman Junior High School 5530 Zealand Avenue North To serve from 7:00 a.m. t6 8:00 p.m. and to completion of count or as otherwise noted. Violet Underdahl 7706 53rd Avenue North Chairperson Kathleen Utecht 5325 Sumter Avenue North Dorothy Hodge 5625 Zealand Avenue North Natalie Stuhr 5635 Wisconsin Avenue North Virginia Mack 5420 Wisconsin Avenue North Mary Olson 7415 St. Raphaels Drive H. PRECINCT SEVEN -- Me~dow Lake Elementary School 8525 62nd Avenue North To serve from 7:00 a,m. to 8:00 p.m. and to completion of count or as otherwise noted, Pauline Jensen 5817 Decatur Avenue North Chairperson Carol Rice 6033 Yukon Avenue No~th Alice Cassibo 8512 Bass Lake Road Gerry Rehnke 8810 60th Avenue North . j...~ .......?...~,] Sandy Voydetich 5961Hillsboro Avenue North Endrene Crompton 8920 61st Avenue North Janet Nord 8811 60½ Avenue North I. PRECINCT EIGHT -- winnetka Elementary School 7940 55th Avenue North To serve from 7:00 a.m. to 8:00 p~m, and to completion of count or as otherwise noted. Shirley Esnough 8031 60th Avenue North Elaine Richardson 8011 60th Avenue North Dorothy Rudolph 5930 Wisconsin Circle North Jean Pederson 7961 59th Avenue North Chairperson Shirley Janzen 6032 Sumter Avenue North Inez Connolly 7930 60th Avenue North Virginia Clough 6065 Sumter Avenue North ~, ABSENTEE PRECINCT ,.- City Office 4401 Xylon Avenue North To serve from 10:30 a.m. to completion of process. Irene Clark 3808 Xylon Avenue North Liz Harkwell 4301Cavell Avenue North Rita Sanders 8308 Northwood Parkway Donna Richards 8009 38½ Avenue North Adopted by the Council this 27th day of September, 1978. Be-t~iot, City Clerk-Treasurer RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET AND STORM SEWER IMPROVEMENT NO. 286 LA. AVE. (27th Ave. to ~2nd Ave.) WHEREAS, this Council did, on January 10, 1977, after hearing, upon notice published and mailed as required by law, order the construction of Street and Storm Sewer Improvement No. 286 LA. Avenue, and WHEREAS, this Council did, on June 13, 1977, approve a joint and cooperative agreement with the City of Crystal for cost sharing on the improvement of Louisiana Avenue (New Hope Improvement No. 286), and WHEREAS, this Council did, on October 11, 1977, under the terms of aforesaid joint powers agreement, approve the bid'of Bury & Carlson in the amount of $159,829.68 for the improvement of Louisiana Avenue (New Hope Improvement No. 286), and WHEREAS, the contract for said improvement was subsequently awarded by the City of Crystal to aforesaid contractor, and WHEREAS, the total estimated cost of the aforementioned improvement is determined to be in the amounts set forth below: Total Cost $87,047.26 City Share 18;508.08 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 Street and Storm Sewer Improvement No. 286, and the amount to be assessed is as hereinafter set forth: Street Storm.-Sewer Total Total Cost $68,539.18 $18,508.08 $87,047.26 City Share --- 18,508.08 18,508.08 Amount To Be Assessed $68,539.18 $ --- $68,539.18 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 /&/~ day of yz~ u~-~ , 1978. Attest¥_C.~er RESOLUTION APPROVING ~P_ATI~ON:~G~MENT H~TY pRoJECT NO. 7532 FOR CSAH 9 AT XYLON AVENUE City of New Hope, Minnesota WHEREAS, ThJ Agreement for participation in the construction and operation of traffic control signals and integral street lights on CSAH 9 (Rockford Road) .at the intersection of Xylon Avenue, Hennepin County Project No. 7532, Agreement No. PW-09-39-78 has been prepared and presented to the City. NOW, THEREFORE, IT IS RESOLVED, That said Agreement be in all things approved. BE IT FURTHER RESOLVED, That the Mayor and Manager are authorized to sign .Agreement No. PW-09-39-78, Hennepin County Project No. 7532. Dated this /~ day of ~x~? ~ , 197f. ATTEST: / J ' Mayor CiYyy-t'~j~rk-Treasurer ,- CERTIFICATION STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NE~ 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 h/~td in the City of New Hope, Minnesota on the /~ day of ~/~f~ ~-- ., 19~., as disclosed by the records of said City in m~ possession. ~asurer CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF HOUSE OF HOPE HILLS " 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. Mayor Attest:~~~-~ <:ZZZ:::~q-L~m.]~ZTreasurer CERTI FI CATION 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 August 14, 1978 Witness my hand and the seal of said City this day of August 16 , 19 78. ~' City Clerk-Trea_ urer~ RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT NO. 348 (36 1/2 Circle No. drainage district) 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'impr.ovement, and that the estimated cost of said'improv~ement to the City is Seventy One Thousand and no/100ths Dollars ($71,000). 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'impr.ovement 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 STORM SEWER IMPROVEMENT NO. 348 (36 1/2 CIRCLE NO. DRAINAGE DISTRICT) 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 25th day of September, 1978 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 storm sewer including possible enlargement of existing storm sewer pipe, con- struction of new storm sewer pipe, reconstruction of sidewalks, and drainage swales (5 alternate options to be considered) 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 follow s: Lots 1-8, Block 1, Towers South Lots 3-12, Block 1, Royal Oak Hills 4th Addition Lots 1-22, 34-36, Block 3, Towers South Lots 12-20, Block 1, Royal Oak Hills 1st Addition Lots 10-24, Block 2, Royal Oak Hills 1st Addition Lots 1-21, Block 3, Royal Oak Hills 1st Addition Lots 1-7, Block 4, Royal Oak Hills 1st Addition Lots 1-7, Block 1, Royal Oak Hills 3rd Addition North 800 feet of the East 400 feet of the Northwest 1/4 of Section 19, Township 118, Range 21 West, 3. The estimated cost of said improvement is Seventy-One Thousand and no/100tbs Dollars ($71,000.00). 4. The area proposed to be assess 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 14th day of August, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 7th day of September and the 14th day of September, 1978. 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 14th day of August, 1978. ,, Ed~. Erickson, Mayor Attest: ./~~~~~ ]~t~y P~zliot, Clerk-Treasurer -3- RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT NO. 349 (61ST AND VIRGINIA AVENUES NORTH) 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 $4,500. 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 STORM SEWER IMPROVEMENT NO. 349 (61ST AND VIRGINIA AVENUES NORTH) 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 25th day of September, 1978 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 storm sewer including installation of pipe 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 i - 5, Block 3, Hubbard Addition, Lots i and 2, Block 2, Honsey Addition, Lots I -4, Block 2, Moens 3rd Addition, all in Section 6, Township 118, Township 118, Range 21 West, Hennepin County, Minnesota. 3. The estimated cost of said improvement is $4,500. 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 14th day of August, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 7th day of September and the 14th day of September, 1978. 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 14th day of August, 1978. 7. Erickson, Mayor -3- ORDINANCE NO. 78-19 AN ORDINANCE CHANGING THE NAME OF 35½ AVENUE NORTH TO HILLSBORO COURT The City Council of the City of New Hope ordains: Section 1. 35½ Avenue North, as shown and dedicated in the plat of Ella Addition, is hereby renamed and established as Hillsboro Court. Section 2. The line of words set forth hereafter in quotations shall be inserted at the end of Appendix A "Street Name Changes" of the City of New Hope Code of Ordinances under the column heading shown: Old Name Location New Name "35½ Avenue North Ella Addition Hillsboro Court, This ordinance shall be in force and effect Section 3. upon its passage and publication. Dated the 28th day of August, 1978. Attest: ,~~~ ~ U'-t~;lerk-Treasurer Published in the New Hope-Plymouth Post the 7th day of September, 1978. ORDINANCE NO. 78-20 AN ORDINANCE AMENDING CHAPTER 10 OF THE CITY CODE REGULATING INTOXICATING LIQUORS BY AMENDING THE AUTHORIZED HOURS OF SALE. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 10.413, Restricted Hours of Operation, is amended as to paragraph C thereof to permit off-sale operation on Friday until 10 P .M., and said paragraph is amended in part to read: C. Restricted hours of operation for off-sale establishments shall be as follow s: Monday through Thursday Only between 8 A.M. and 8 P.M. Friday and Saturday Only between 8 A .M. and 10 P .M. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the day of , 1978. / ' E~/.J. Erickson, Mayor Attest: BeVy l~o~tiliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ~ day of , 1978. ) ORDINANCE NO. 78- 21 AN ORDINANCE AMENDIaNG THE ZONING CODE BY CHANGING TI-IE SOUTHEAST CORNER OF COUNTY STATE AID HIGHWAY 18 AND 62ND AVENUE NORTH FROM RB TO MR (RE BASS CREEK HIGHLANDS). City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.105 of the Zoning Code of the City, entitled Extent of RB Business Districts, is amended by deleting therefrom the following: (1) · Bass Creek Highlands Addition (formerly Outlot i in' Allan Hills, also known as Allen Hills). Section 2. Section 4. 103 of the Zoning Code of the City, entitled Extent of MR Multiple-Family Residence Districts, is amended by the addition thereto of the following subsection (46): (46) Bass Creek Highlands Addition. Section 3. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope this 28th day of August ,1978. · J. Erickson, Mayor - t~ty~uliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the]4th day of September , 1978.) RESOLUTION PROVIDING FOR HEARING ON ASSESSMENTS FOR STREET AND STORM SEWER IMPROVEMENT NO. 286; ASSESSMENTS FOR DELINQUENT SEWER AND WATER CHARGES, CONNECTION CHARGES, INVOLUNTARY SEWER AND WATER CONNECTION CHARGES AND CONNECT- ION CHARGE INSTALLMENTS; DELINQUENT CITY SERVICES-1978; 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 improve- ments and this Council shall meet at the time and place in- dicated in the notice attached hereto for the purpose of passing upon said assessments and hearing 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 NEW HOPE NOTICE OF PUBLIC HEARING ON ASSESSMENTS FOR STREET AND STORM SEWER IMPROVEMENT NO. 286; ASSESS- MENTS FOR DELINQUENT SEWER AND WATER CHARGES, CONNECT- ION CHARGES, INVOLUNTARY SEWER AND WATER CONNECTION CHARGES AND CONNECTION CHARGE INSTALLMENTS; DELINQUENT CITY SERVICES-1978; DISEASED TREE REMOVAL; AND WEED ELIMINATION 1. NOTICE IS HEREBY GIVEN that the Council of the City of New Hope will meet at the City Hall, 4401Xylon Avenue North in said City on Monday, the 25th day of September, 1978, at 7:00 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 pro- posed 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 below, the first of such install- ments to be payable with the general taxes for the year 1979. 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, 1979, 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 nature of each improvement is as follows: A. Street Improvement No. 286 Upgrading and construction of Louisiana Avenue North from 27th Avenue North to 32nd " Avenue North, including grading, base, asphalt sur- facing, concrete curb and gutter, and storm sewer for a 40 foot wide, 9-ton roadway, 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: Properties in the East 1/2 of the Southwest 1/4 of Section 20, Township 118, Range 21, abutting Louisiana Avenue North between 27th Avenue North (County State 'Aid Road No. 70),also known as Medicine Lake Road, and 32nd Avenue North. B. Delinquent Sewer and Water Charges, Connection Charges, Involuntary Sewer and Water Connection Charges and Connection Charge Installments; Delinquent City Services- 1978; Diseased Tree Removal; and Weed Elimination. 3. The area proposed to be assessed for the making of the improvements stated in subparagraph A of paragraph 2 above, shall include all the lots and parcels abutting the street above-named (Louisiana Avenue North.) 4. Any owner may appeal an assessment to district court pursuant to Section 429.081 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 assessments on a hardship basis for citizens age 65 and over, as authorized in M.S.435.193 through 435.195. Dated this of August, 1978. BETTY POULIOT Clerk-Treasurer (Published in the New Hope-Plymouth Post September 7, 1978.) 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 ~"'~m day of August, 1978. ATTEST: ~~' CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF PRESIDENTIAL ESTATES 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 /× ~-~ Mayor Attest: ~~ . '~-~QF~erk-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 ~~~/~?~ · Witness my hand ap~l t'he seal of said City this~Cm~ day of~ ., 19~. ~'"'~'x'2/ City Clerk-lreasurer CITY OF'NEW HoPE . RESOLUTION APPROVING PLAT OF FLEETWOOD ESTATES BE IT RESOLVED by the Council of the City of New Hope, Minnesota as fol lows: 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 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 {~)) said meeting was duly held, p~ursuant t-o call and notice there- of as required by law, on .~ l~itness my hand and the seal of said City this~~* (lay of . ([~3x~ City Clerk-Treasurer RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SANITARY SEWER AND WATER IMPROVEMENT NO. 340A AND AUTHORIZING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the City Council of the City of New Hope: 1. Pursuant to previous authorization, Orr-Schelen-Mayeron & Associates, Inc. have presented to this Council plans and specifications for Sanitary Sewer and Water Improvement No. 340A. 2. Said plans and specifications are hereby approved as presented and the said engineers for the City are hereby authorized and directed to advertise for bids for the construction of said improvement pursuant to statute. Dated the 28th day of August, 1978. , Mayor tte t: B'ettg ~u~14o~, ~lerk-Treasurer (Seal) RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET AND STORM SEWER IMPROVEMENT NO. 341A AND AUTHORIZING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the City Council of the City of New Hope: 1. Pursuant to previous authorization, Bonestroo, Rosene, Anderlik & Associates, Inc. have presented to this Council plans and specifications for Street and Storm Sewer Improvement No. 341A. 2. Said plans and specifications are hereby approved as presented and the said engineers for the City are hereby authorized and directed to advertise for bids for the construction of said improvement pursuant to statute· Dated the 28th day of August, 1978. · Erickson, Mayor Attest: ~~ 'Bet~y Po~liot, Clerk-Treasurer (Seal) RESOLUTION TEMPORARILY EXTENDING RESTRICTIONS ON THE DEVELOPMENT AND CONSTRUCTION OF MULTIPLE RESIDENCE DEVELOPMENT IN THE CITY OF NEW HOPE PENDING ENACTMENT OF THE NEW ZONING CODE PURSUANT TO THE COMPREHENSIVE PLAN AND ENACTING ORDINANCE 78-18 TO ACCOMPLISH THE SAME WHEREAS, in the discharge of its responsibilities as the planning agent for the City of New Hope, under the provisions of Minnesota Statutes § 462.351 to 462.364, the City Council has adopted a Comprehensive Zoning Plan, and WHEREAS, this Council did pass Ordinances 77-6, 77-17, 77-23, 78-5, and 78-9, all being interim ordinances restricting the issuance of the building permits and the acceptance of applications for multiple residential developments, and WHEREAS, the new Comprehensive Plan of the City has been adopted, but the zoning code to implement the same has not been adopted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope: 1. That pursuant to the provisions of Minnesota Statute § 462.355 (4), this Council does hereby enact Interim Ordinance 78-18 as an extension of Ordinance 78-9, codified as Section 3.15 (1), a copy of Ordinance 78-18 being attached hereto. Dated the 28th day of August, 1978. Attest: L~ ~~~ ORDINANCE NO. 78-18 AN INTERIM ORDINANCE FURTHER EXTENDING THE RESTRICTIONS ON THE ISSUANCE OF BUILDING PERMITS AND THE ACCEPTANCE OF APPLICATIONS FOR MULTIPLE RESIDENTIAL DEVELOPMENTS. (~MENDING ORDINANCE 78-9) City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 3.15 (1), MR Permits, Suspension, is hereby further amended to read as follows: Subd. (1)MR Permits, Suspension. No building permit shall be issued before April 19, 1979 for the construction of multiple residence (MR) units which have not heretofore been approved for construction by the City Council. This expiration date is subject to revision · upon the adoption of a new zoning ordinance pursuant to the new Comprehensive Plan heretofore adopted. Section 2. This ordinance shall be effective upon its passage and publication. Passed by the City Council of the City of New Hope the 28th day of Aus~tst, 1978. ~~~. /' ~.J Erickson, Mayor. .. Attest: Betty Poul~ot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 7th day of September, 1978. ) ORDINANCE NO. 78- 22 AN ORDINANCE AMENDING SECTION 4.44 OF THE CITY CODE PERTAINING TO SPECIAL USES BY ADDING SUBSECTION (10) TO INCLUDE SALE OF NON-PETROLEUM MERCHANDISE IN SERVICE STATIONS BY SPECIAL USE PERMIT. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.44 of the City Code, Listing of Special Uses, is amended by the addition of the following subdivision (10): (10) In Retail Business and General Business Districts: The retail sale of food, household convenience items and sporting goods in automobile service stations if the sale of such items is clearly subordinate to tha principal use of the site as an automobile service station, provided, as conditions precedent to the issuance of a special use permit, the Council shall find: 1. That the proposed sale items are clearly subordinate to the principal use of the site. 2. That there are 'specific parking spaces above the regular requirements for the automobile service station provided to assure parking for customers of the accessory use. 3. That any sale of food items is subject to the approval of the City Sanitarian who shall provide specific written sanitary requirements on an individual basis for each proposed sale location. 4. That the area and location devoted to non-automotive sales shall be specified and any expansion of the space or change in location without an amendment to the permit may con- stitute grounds for revocation of the permit, after a hearing before the City Council. 5. That the non-automotive sales shall qualify for and be granted an annual food handling, retail sales license or other license, as circumstances shall require, in addition to the permit for a special use under the zoning code 6. That granting the proposed special use will not interfere with adjacent development, commercial or residential, because of spill-over parking, access or traffic volume, and that such factors will not constitute a private or public nuisance. 7. That in addition to any parking or other requirements · fo¥ the non-automotive retail sales, the automobile service statio{~ shall maintain all requirements for parking, storage, and green space as if it were the sole use on the site. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope this ] ] th day of September , 1978. E~.~ J. Eriekson, Mayor Attest: ~~.//~ ~ B ~g~ouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 21st day of September , 10'/8.) -2- ORDINANCE NO. 78-23 AN ORDINANCE AMENDING SECTION 4.92 (SUBg. 31) OF THE CITY CODE PERTAINING TO MEDICAL USE DEFINITION City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.92 (Subd. 31) of the City Code, Definitions - Medical Uses amended by deletion of the current wording and substitution of the following: (10) In Retail Business and General Business Districts: (31) Medical Uses: Those uses roncerned with the diagnosis, treatment and care of human beings. These include: hospitals; dental services; medical services or clinic; nursing, convalescent home; orphan's home, rest home; sanitarium and the furnishing and sales of prescription drugs; prosthesis, rehabilitative and optical devices and equipment. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope this llth day of September , 1978. J - Ed~d-'~]. Erickson, Mayor Attest:~~ · B6tty Podliot, City Cl.erk'-Tfeasurer (Published in the New Hope-Plymouth Post the 21st day of September , 1978). RESOLUTION REVOKING CERTAIN MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of New Hope that the roads hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Law. NOW~ THEREFORE~ BE IT RESOLVED, by the City Council of the City of New Hope that the roads designated as follows, to-wit: MSA NOo Street From To 104 32nd Ave. North Boone Avenue Independence Avenue be, and hereby are, revoked as Municipal State Aid streets of New Hope subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two (2) certified copies of this resolution to the Commissioner of Trans- portation for his consideration. ADOPTED September !!, , 19 78 ATTEST~ ~ ~Z~er, k) RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City of New Hope, Minnesota that the street hereinafter described should be designated a Municipal State Aid Street under the provisions of Minnesota Laws of 1967 Chapter 162: NOW THEREFORE~ BE IT RESOLVED, by the City Council of the City of New Hope, County of Hennepin that the roads described as follows, to-wit: MSA No. Street From To 102 Xylon Avenue 42nd Avenue 45th Avenue No. 104 45th Avenue Xylon Avenue Winnetka Avenue be, and hereby is established, located, and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transporta-. tion of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and di- rected to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said roads or portions thereof, that same be constructed, im- proved and maintained as Municipal State Aid Streets of the City of New Hope, to be numbered and known as Municipal State Aid Streets as indicated above. ADOPTED September ll. 1978 ~/ ~Mayor ATTEST:/~ ~ '~~Clerk) A RESOLUTION AUTHORIZING PAYMENT OF 1978-79 LEAGUE DUES WHEREAS, the City of New Hope has been a member of the League of Minnesota Cities, and WHEREAS, the City has been ~behind in payment of dues by one year, and WHEREAS, there is now available monies from General Fund Surplus which will enable payment to be made, NOW, THEREFORE, the City Manager is hereby authorized and directed to pay the dues contained in the dues statement dated July 11, 1978 and transfer funds as necessary from surplus to the appropriate budget account in the 1978 Budget. Adopted this llth day of September, 1978 ATTESTED ~ ~ ~ITY ' CLERK- TREASURER RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT NO. 351 (BEGIN 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 $5,500. 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 STORM SEWER IMPROVEMENT NO. 351 (BEGIN ADDITION) 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 10th day of October, 1978 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 storm sewer, including the placement of an 8 inch storm sewer line, 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 i through 16, Block 6, Begin Addition. 3. The estimated cost of said improvement is $5,500. 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 11th day of September, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 21st and 28th days of September, 1978. 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 11th day of September, 1978. ///' ~ J. Erickson, Mayor Attest: /~lerk-Treasurer -3- RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET AND STORM SEWER IMPROVEMENT NO. 350 (XYLON AND 45TH AVENUES NO.) 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 $269,500. 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 AND STORM SEWER IMPROVEMENT NO. 350 (XYLON AND 45TH AVENUES NO.) 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, 1978 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 streets, including 9 ton design, 44 feet wide, 6 inches of bituminous sur- facing, 10 inches of Class 5 gravel base and concrete curb and gutter, and storm sewer, including the expansion of a ponding area and construction of a positive type outflow structure, 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: Southeast 1/4, Section 7, Southwest 1/4, Section 8, Northwest 1/4, Section 17, North 1/2 and the Southwest 1/4 of Section 17, Northeast 1/4, Section 18, all in Township 118, Range 21 West. 3. The estimated cost of said improvement is $269,500. 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 11th day of September, 1978. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post 12th and the 19th days of October, 1978. 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 llth day of September, 1978. J. Erickson, Mayor Attest: ~~~ B~tty P~uliot, Clerk-Treasurer -3- RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. 349 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (61ST AND VIRGINIA AVENUES NO. ) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 25th day of September, 1978, at 7:00 o'clock P .M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Storm Sewer Improvement No. 349 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 September 7 and 14, 1978. 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 25th day of September, 1978. /~//~ // ' E~/J~. Eriekson, Mayor Attest: B~ot, Clerk-Treasurer (Seal) RESOLUTION ADOPTING AND CONFIP~IING ASSESSMENTS FOR STREET AND STORM SEWER IMPROVEMENT NO. 286 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. 286 _ 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 ~o 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, f-~nds 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 o~Dosite 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 ful}. amount thereof from time to time unpaid, shall be a llen concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable in equal ann'ual principal installments extending over a period of 20 years, the first of said installments, together with inter- est on the entire assessment from the date hereof to December 31~ 1979 , to be payable with general taxes payable in 19 79 , 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 cons~cu- t~¥e year thereafter until the entire assessment is pa~d. 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 tim~ 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. ~7~/w~- , 1978 . / 'ATTEST.' ~ Clerk-Treasure~ (SEAL) RESOLUTION ADOPTING ASSESSMENT FOR WEED DESTRUCTION-1978 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-1978 under authority of M.S.A. 18.271. NOW ~HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NEW HOPE, MINNESOTA: The proposed roll for the assessment of Weed Destruction-1978 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, 197S 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 10, 197~ for collection with taxes payable in 1979. Dated the ~ ~.~ ~ day of 5'~}~~, 1978. ~i~ ~rk-Treasurer (SEAL) RESOLUTION ADOPTING AND CONFIt~IING ASSESSMENTS .FOR DISEASED TREE REM..OVALL '~ ~:'" 1978 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_____~D TD~K REMOVAL ~mprovement No. ~ against every assessable ~ot, ~i~ or parcel of land ~ffected therebyha§ 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 k~ould meet {o hear, consider and pass upon all objections, if any, and said proposed assessment ~as at all times since its filing been open for public inspection, and opportunity has been given to ali'.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, f~nds 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 asses'sments are hereby adopted and confirmed as ~he 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- ~st on the entire' assessment from the date hereof to December 31, 19 79 , to be payable with general taxes payable in 19 79 , and' one of each of the remaining installments, together with one year's-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 ~2z~.~_ , 19 78 . ATTEST: / -: '-f ~ Clerk-Treasurer {SEAL) 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 NOPE, 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 Auditc:- for collection with taxes payable in 1979. Dated the ~ day of ~S'~_~,~/~ , 1978. ATTEST: (~1 e~k=Trea so.ret CSEAL) RESOLUTION AWARDING CONTRACT FOR SEWER AND WATER IMPROVEMENT NO. 340A BE IT RESOLVED by the City council of the City of New Hope, Minnesota: 1. That bids for the construction of Sewer and Water Improvement No. 340A, as combined in a single set of plans and specifications pursuant to Minnesota Statutes 429.041 (Subd. 1), were duly opened at the City Hall, 4401 Xylon Avenue North at 11:00 o'clock a.m. C .D.S .T. on the 22nd day of September, 1978, as heretofore authorized by the 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 31st day of August, 1978. 3. It is hereby found and determined by this Council that the bid of Orvedahl Construction, Inc. in the amount of $176,101.15 is the lowest re- sponsible bid submitted for the construction of said improvement, as com- bined for bidding purposes; that Orr~-Schelen-Mayeron & Associates, Inc., Engineers for the City, has recommended to this Council approval of the said low bid, and the award of the contract for construction to the said low bidder, and this Council does hereby award the contract for said construction to Orvedahl Construction, Inc. 4. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement, sub- ject to said contractors furnishing a public contractor's surety bond, conditioned as required by law. Dated the 25th day of September, 1978. Edw. ~/'~rickson, Mayor Attest: ~..~ ~~ 'B--~ot-, Clerk-Treasurer (Seal) BIDS FOR SANITARY SEWER, WATER MAIN AND APPURTENANT WORK IMPROVMENT NOS~ 338, 340, 342 AND 344 City of New Hope, Minnesota Pursuant to advertisement, bids for Sanitary Sewer, Water. Main and Appurtenant Work Improvement Nos. 338, 340, 342 and 344 were opened at ll:O0 a.m.C.D.S.T., Friday, September 22, 1978, by the City Manager, C~ty Clerk-Treasurer and Mr. Gene Anderson,-Orr-Schelen- Mayeron & Associates, Inc. Bids were as follows: Bidder Security. Total Bids Kirkwold Construction Co. 5% $187,287.18 C.S. McCrossan, Inc. 5% 188,537.00 Nodland Associates, Inc. 5% 226,700.00 · Orvedahl Construction, Inc. 5% 176,101.15 Orfei & Sons, Inc. 5% 183,705.56 North Central Underground,.Inc. 5% 181,447.00 Widmer Bros., Inc. 5% 193,440.00 · Hennen Construction Co. 5% 189,789.00 0 & P Contracting, Inc. 5% 178,406.50 The bids were referred t° the Sewer and Water Engineers for recommenda? tion to the Council at its meeting of September 25, 1978. Respectfully submitted~ Betty~~Po~liot ~.City Clerk-Treasurer RESOLUTION ADOPTING' ASSESSMENT FOR WATER ASSESSMENT 78-1 WHEREAS, Pursuant to proper notice duly given, the Council has met and heard and pssed upon all ObjectiOns to the proposed assessment for Water Assessment 78-1 made under authority of State law as implemented by 5.155 of the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NEW HOPE, MINNESOTA: "' -l. Such propos'ed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assess- ment against the lands named therein, and each tract of land therein included is hereby found to be b6nefited by the connection in the amount of.the assessment levied against it. 2. The assessment shall be.payable in equal annual installments extending over a period of twenty (20) years, the first of'the installments to be payable on or before the first Monday in January, 1979 and shall bear interest at the rate of 8% per annum from the date of the adoption of. this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 3l, 197~. To each subsequent installment ~hen due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certifi- cation of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall-be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may, at any time thereafter, pay to the County Treasurer the entire amount of'the assessment remaining unpaid, wjth interest accrued. to December 31 of the year in which such pa..yment is made. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the County, and such assessments shall be collected and paid over ]n the same manner as other municipal taxes. Adopted by the Council this ~-z-/~ day of ~Tx~~-~ , 197~. ATTEST: ~~~ m lerk-Treasurer (SEAL) RESOLUTION'ADOPTING ASSESSI.IENT FOR . DEFERRED NO. ? ELECTION INSTALLI,1ENT ~IHEREA.t, Pursuant to proper notice duly given, the Council has met and heard and passed upon all objections to tile proposed assessment for Deferred No. 7 Election Installment made under authority of State law as implemented by 5.95 of the City Code. t{OW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NEW HOPE, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto ana made a part hereof, is hereby accepted and shall constitute the special assess- ment against the lands 'named therein, and each tract of land therein in- cluded is hereby found to be benefited by the connectio.n in the amount of the assessment levied against it. 2. The assessment shall be payable in equal annual installments extending over a period of i~en--'-."(lO) years, the first of the installments .to be payable on or before the first Monday in :January, 1979, and shall bear interest at the rate of 6% per annum from January 1, 1979. 'To the first ~nstallment shall be added interest on the entire assessment from ,lanuary 1,1979,until December 31, 1979~. To each subsequent installment ~hen due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed', may, at any time prior to certifi- cation of the assessment to the County Auditor, pay the whole of the assessment on such property to the Village Treasurer; and he may, at any time thereafter, pay to the County Treasurer the entire amount of the assess- ment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. 4, The .Clerk shall forthwith transmit a certified duplicate of this assess- ment to the County Auditor to be extended o~ the proper tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. .. .. Adopted by the Council this ._5~: day of September, 1978. Attest:  -Treasurer (SEAL} RESOLUTION ADOPTING BUDGET FOR THE CITY OF NEW HOPE FOR THE YEAR 1979 AND ESTABLISHING TAX LEVY FOR THE YEAR PAYABLE IN 1979 BE IT RESOLVED by the City Council of the City of Wew 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 1979 is hereby adopted as hereinafter set forth and the funds are hereby appro- priated therefore: GENERAL FUND General Government Mayor and Council $ 19,459 City Manager 67,681 Courts 27,000 Elections and Voters Registration 650 Municipal Clerk 84,129 Accounting 44,200 Civil Service Commission 6,855 Advisory Commissions 1,000 Planning and Zoning 2,400 Municipal Building 44,146 Total General Government $297,520 Public Safety Police Protection 748,837 Fire Protection 96,438 Protective Inspections 85,067 Civil Defense 2,734 Animal Control 19,873 Total Public Safety $952,949 Public Works Streets and Alleys 247,280 Snow and Ice Removal 61,948 Traffic Signs, Signals, and Markings 22,021 Total Public Works $331,249 Sanitation and Waste Removal Storm Sewers 32,807 Recreation Recreation $197,854 Parks 232,142 Total Recreation $429,996 Other Functions $268,625 TOTAL GENERAL FUND $ 2,313,146 - 2 - INTRAGOVERNMENTAL SERVICE FUND ~ Central Garage $ 163,732 COMMUNITY CENTER 8,090 SHADE TREE DISEASE CONTROL 22,965 BOND AND pEBT SERVICE FUND 1961 Municipal Building Bonds 5,700 1963 Park Improvement Bonds 15,582 1965 Swimming Pool and Park Bonds 35,100 1968 Park Improvement Bonds 32,200 1973 Park Improvement Bonds 30,500 Bond No. 4 15,000 Refunding Bond No. 43 30,000 Refunding Bond 133,600 Total Bond and Debt Service Fund $297,682 TOTAL TAX SUPPORTED FUNDS $2,805,615 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 25,740 Licenses and Permits - Non Business 47,550 Court Fines 46,000 Revenue From Use of Money and Property 16,200 Shared Taxes 817,517 Grants 54,069 Current Charges 81,954 Transfers - General Fund Accounting Services 6,500 Utility Administration 22,000 Special Police Fund 42,840 Federal Revenue Sharing 147,924 TOTAL GENERAL FUND $ 1,324,294 FORESTRY GRANTS 6,400 CENTRAL GARAGE 111,285 TOTAL ESTIMATED RECEIPTS $ t,441,979. 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: - 3 - Estimated Net Receipts Uncollectible Total Levy GENERAL FUND $ 988,852 $ 20,180 $1,009,032 COMMUNITY CENTER 8,090 165 8,255 INTRA-GOVERNMENTAL SERVICE FUND -CENTRAL GARAGE 35,092 716 35,808 SHADE TREE DISEASE CONTROL 16,565 339 16,904 DEBT SERVICE 291,729 5,953 297,682 Totals $1,340,328 $ 27,352 $1,367,681 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 approval is given by at least four Council members. Adopted this 25th day of September 1978. / Edward~. ~rickson, Mayor : ~rald Often, Cou~ciliman ATTEST: ~ 'Be~ty~uliot, Clerk-Treasurer RESOLUTION APPROVING 1978 TAX LEVY~ COLLECTIBLE IN 1979 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 1979 upon the tax- able property in the City of New Hope, for the following purposes: GEWERAL FUND $1,009,032 Base Levy (Base Levy Includes; $15,036 Social Security $86,702 PERA) Community Center 8,255 Intra-Governmental Service Fund-Central Garage 35,808 Special Levies: Shade Tree Disease Control 16,904 Debt Service: 1961 Municipal Building Bonds 5,700 · 1963 Park Improvement Bonds 15,582 1965 Swimming Pool~Park Bonds 35,100 1968 Park Improvement Bonds 32,200 1973 Park Improvement Bonds 30,500 Bond No. 4~Special Assessment 15,000 Bond No. 41 30,000 1976 General Obligation Refunding Bonds 133,600 Provision has been made by the City of New Hope, for the payment of any additional amounts needed in excess of $101,738 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 $101,738 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 25, 1978. ATTEST: ~~ ~tty Pouliot RESOLUTION DIRECTING CERTIFICATION OF AMOUNT OF 1958 IMPROVEMENT BOND SINKING FUND TO COUNTY AUDITOR FOR PURPOSE OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1979 WHEREAS, by resolution adopted by this Council on the 10th day of February 1958, as amended on February 28, 1958, by adoption and resolution entitled "Resolution Amending Resolution of February 10, 1958, re- lating to the Sanitary Sewer Improvement 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 corpor- ate limits of the City, a direct, annual, ad valorem tax, to be spread upon the tax rolls for the year specified, including $52,185 specified for the year 1978 and collected in the ensuing year 1979, and WHEREAS, said resolution specified as follows, in part: "On or about October 1st of each year, the City Treasurer shall determine the amount of cash and the value of lawful investments held in the 1958 Improvement Bond and Sinking Fund, and the total thereof shall be deemed to be the excess amount in the Sinking Fund. The Clerk shall thereupon certify the fact and amount of such excess to the County Auditor, and the County Audito$ shall, and hereby is, authorized to reduce the amount of the tax levy for such year by the excess amount in hand in said fund as so certified to him:, and WHEREAS, there is on hand $37,185.00 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 1958 Improvement Bond Sinking Fund is hereby found and declared to be in excess of $37,185 and the taxes to be levied in 1978 shall be reduced by $37,185. 3. The Clerk shall forthwith request the County Auditor to reduce the amount of ad valorem levy as above recited, ($52,185 to $15,000.) Dated the 25th day of September, 1978. ATTEST: 71e~- RESOLUTION REQUESTING 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 interest 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 Establishing the terms of $1,270,000 General Obligation Refunding Bonds, Creat- ing a Sinking Fund Therefor, and Providing for Their Payment" specified in part: "The Clerk-Treasurer is hereby directed to an- nually, 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 ac- count provided". NOW, THEREFORE, BE IT RESOLVED by the City of New Hope, Minnesota that the following ad valorem taxes heretofore levied for the year 1979 be cancelled: Description Ad Valorem Taxes a. Bond 43, $120,000 Improvement Bonds of 1974 $ 4,351 b. $910,000 General Obligation Ice Arena Bonds $92,000 c. $395,000 1969 General Obligation Park Bonds $43,400 Dated the 25th day of September 1978. ~-Treasurer 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 1978, FOR COLLECTION IN 1979. WHEREAS, by resolution adopted by this Council on the 28th day of August, 1972 entitled "Resolution Authorizing and Establishing the Form and Details of $950,000 Improvement Bonds of 1972, and Appropria- ting Special Assessments and Levying Taxes for the Payment Thereof", and WHEREAS, said resolution levied uponall 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 $44,365 spe- cified to be levied as taxes in 1978 for collection in 1979, and WHEREAS, said resolution specified as followsin 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) further provides in part: unless such special assessments to be re- ceived by the $950,000 Improvement Bonds of 1972 fund are sufficient to provide for the payment of the b6nds and the interest thereon, the Council shall levy a general ad valorem tax ~poh al~ ~a~able 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 with the taxes theretofore levied and appropriated to said fund, plus the es- timated collection of said special assessments and of ail other spe- cial assessments theretofore pledged to said fund, will produce 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 funds, and WHEREAS, there is on hand $14,365.00. 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 $14,365 and the taxes to be levied in 1978 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 $44,365 to $30,000). RESOLUTION DIRECTING CERTIFICATION OF AMOUNTS IN VARIOUS SINKING FUNDS FOR THE PURPOSE OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1979 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 1, 1961, Series A and Appropriating Special Assessments and Taxes for the Payment Thereof", and BOND 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 Improvement Bonds of 1962, Second Series, and Appropriating Spe- cial Assessments and Levying Taxes for the Payment Thereof", and BOND 24 WHEREAS, by.resolution adopted by this Council on the 21st day of November 1962, entitled "Resolution Authorizing and Establishing the Form and Details of $1,220,000 Improvement Bonds of 1962, Fourth Series and Appro- priating 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 Assessments and Levying Ad Valorem Taxes for the Payment Thereof", and BOND 27 WHEREAS, by resolution adopted by this Council on the 19th day of Novem- ber, 1963, entitled "Resolution Authorizing and Establishing the Form and Details of $1,110,000 Improvement Bonds of 1963, Second Series, and Appropri- ating Special Assessments and Levying Taxes for the Payment Thereof", and BOND 29 WHEREAS, by resolution adopted by this Council on the 10th day of Novem- ber 1964, entitled "Resolution Authorizing and Establishing the Form and De- tails of $375,000 Improvement Bonds of 1964, and Appropriating Special Assess- ments and Levying Taxes for the Payment Thereof", and BOND 40 WHEREAS, by resolution adopted by this Council on the 9th day of Sep- tember, 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 December 1975, entitled "Resolution Authorizing and Establishing the Form and Detals of $355,000 Improvement Bonds of 1976 and Appropriating Special Assess- ments Levying Taxes for the Payment Thereof", and WHEREAS, said resolutions 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 the sums below listed, specified for 1978 to be collected in the ensuing year of 1979. a. Bond 18 $442,000 Improvement Bonds of 1961, Series A $ 2,000 b. Bond 21 $690,000 Improvement Bonds of 1962 $ 2,900 c. Bond 22 $405,000 Improvement Bonds of 1962, Second Series $ 500 d. Bond 24 $1,220,000 Improvement Bonds of 1962, Fourth Series $25,000 e. Bond 26 $403,000 Improvement Bonds of 1963 $15,000 f. Bond 27 $1,100,000 Improvement Bonds of 1963, Second Series $21,000 g. Bond 29 $375,000 Improvement Bonds of 1964 $ 4,900 h. Bond 40 $1,155,000 Improvement Bonds of 1971 $12,000 i. Bond 42 $545,000 Improvement Bonds of 1973 $21,700 j. Bond 44 $355,000 Improvement Bonds of 1976 $11,494 WHEREAS, said resolutions specified as follows, in part: "Said levy shall be irrepealable except as provided in said Ordinance No. 57-20" and Ordinance No. 57-20, Chapter 20, Chapter 25 further provides in part: "Unless such special assessments to be received by the I~pr~ovement Bond Re- demption Fund are sufficient 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 appropriated to said fund, plus the estimated collection of said special assessments and of all other special assessments theretofore pledged to said fund, will produce at least five percent in ex- cess of the amounts needed to meet when due the principal and interest pay~ ments 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. 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 25th day of September, 1978. ~/ ~ - y Mayor r~i erk-Treasurer A RESOLUTION REGARDING TRANSFER OF YEAR III COMMUNITY DEVELOPMENT FUNDS WHEREAS, the City of New Hope has received approval of several projects for construction with Year III Community De- velopment Funds, and WHEREAS, bidding on these projects has shown that the original estimated costs of the projects are no longer valid because of inflation and current needs, and WHEREAS, it is most important that the City's major Year III Project, creation of space for use by various special groups on the third floor of the ice arena be completed, and WHEREAS, this project was bid at considerably higher than esti- mated cost, NOW, THEREFORE, BE IT RESOLVED that the New Hope City Council does hereby request that the appropriate County and HUD officials take such action as is necessary to ad- just the Year III New Hope Community Development Budget by, 1) EliminatiOn of the budget for the following projects a) Begin Park Shelter - $32,000 (less $75.00 spent on Engineering) b) Security Lighting - $24,000 (less $1,793.38 spent on Engineering). 2) Increasing the Budget for the following projects: a) Planting from $23,400 to $25,000. b) Ice Arena from $88,786.62 to $141,318.24. Adopted this 25th day of September, 1978. ~ ~y City Clerk RESOLUTION APPOINTING MEMBER OF PLANNING AREA CITIZEN ADVISORY COMMITTEE WHEREAS, the City of New Hope, Minnesota is cooperating with HennepinCounty and thirty-six units of local govern- ment to constitute an Urban County under the provisions of the Housing and Community Development Act of 1974, as amended in 1977, and WHEREAS, the Community Development Program regulations establish regulations for the provision of citizen participation, and WHEREAS, Urban Hennepin County in response to the program regula- tions is establishing five Citizen Advisory Committees, one within each Urban County Planning Area, and WHEREAS, The Planning Area Citizen Advisory Committee's primary responsibility is to review appropriately Community Development Block G~ant Program issues within its mem- ber area. BE IT RESOLVED, that the City of New Hope appoint Pauline Lundell, 4701 Flag Avenue North, to serve as a member on the Plan- ning Area Citizen Advisory Committee which includes the City of New Hope. ~ Adopted this 25th day of September, 1978. ATTEST: ~~~ A RESOLUTION AUTHORIZING USE OF GENERAL FUND SURPLUS WHEREAS, the City Council has authorized use of General Fund surplus funds for various purposes during the 1978 fiscal year, and WHEREAS, specific dollar amounts were not always specified, and WHEREAS, the record should be clear as to Council authorization of the use of these funds, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, Minnesota that the City Manager is hereby authorized and directed to use, as necessary, surplus funds from the City General Fund to the maximum amounts shown for the purposes specified: Use Departme~ Amount Vote Authorized Fuel Tank/Pump Central Garage $ 2,825 April 24, 1978 Re-roof Garage Central Garage 4,800 May 8, 1978 1978/79 League Dues City Council 4,594 Sept. 11, 1978 Purchase of Paver/Trailer Central Garage 20,238 Sept. 25, 1978 Child Care #281 Comm. Ed. 2,000 Sept.~ 25, 1978 Sign Ice Arena 2,765 Sept. 25, 1978 Street Repair Street 36,713 May 22, 1978 Voting Machine Elections 24,158 March 27, 1978 Total $98,093 Adopted this 10th day of October, 1978. ATTEST ~ ~~~ yClerk-Treasuerer A RESOLUTION AUTHORIZING JOINT POLICE NEGOTIATIONS FOR 1979 WHEREAS the City of New Hope has for the past several years used the MAMA Joint Police Negotiation System for negotiating with local #320 Police Union, and WHEREAS, this system has been of benefit to the City, NOW, THEREFORE, BE IT RESOLVED that the City Council, City of New Hope, Minnesota does hereby authorize and direct the City Manager to participate in the joint negotiations as con~ ducted by the MAMA Committee. Adopted this lOth day of October, 197~~ // Richar.~-~fka, ^ct'~O ~.qavor AIIEST: B~~.'~k_Treasurer RESOLUTION APPOINTING ELECTION JUDGES FOR GENERAL AND CITY ELECTION OF NOVEMBER 7, 1978 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The persons below named are hereby appointed judges for the General and City Election to be held in the City of New Hope, County of Hennepin, State of Minnesota, on Tuesday, November 7, 1978. The judges appointed, the chairperson of the election board of each precinct designated and precinct and voting places wherein they shall serve and the hours of voting are established as follows: A. PRECINCT ONE -- Sunny Hollow School 8808 Medicine Lake Road To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Lois Gould 3027 Ensign Avenue North 545-0826 Jeanne Broms 3100 Ensign Avenue North 546-7728 Mary Litterer 8800 31st Avenue North 544-0042 Laurie Honold 3125 Ensign Avenue North 546-1436 Lorraine Clausen 9009 30th Avenue North 545-0826 Chairperson Elaine Wojack 3024 Ensign Avenue North 545-8288 Helene Earley 3125 Hillsboro Avenue North 546-5733 Audrey Cameron 9117 34½ Avenue North 545-6531 Dee Ann Chesser 9108 34½ Avenue North 545-6013 B. PRECINCT TWO -- Sonnesyn Elementary School 3421 Boone Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Wanda Sandberg 3513 Aquila Avenue North 544-3719 Chairperson Sherrie Sawallich 3530 Zealand Avenue North 544-8254 Charlotte Comfort Linder 3308 Yukon Avenue North 545-3903 Abby Walden 3301 Yukon Avenue North 544-7038 Darlene Lyman 3332 Ensign Avenue North 544-2834 Kathy Smrekar 3510 Xylon Avenue North 544-6433 Beatrice King 3316 Xylon Avenue North 544-5865 Alyce Rodda 3437 Yukon Avenue North 544-2184 Margaret Franzen 28t6 Quebec Avenue North 545-2604 C. PRECINCT THREE SOUTH -- Parish Community of St. Joseph 3501 Boone Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Karen Clifford 9400 Northwood Parkway 545-5387 Lavonne Guttormson 9308 Northwood Parkway 544-9792 Carol Besonen 4076 Flag Avenue North 544-7854 'Nancy Ford 9017 40½ Avenue North 544-9872 Sharon Bobgan 3708 Gettysburg Avenue North 544-2048 Chairperson Collette Gallagher 3609 Gettysburg Avenue North 544-9835 Mary Schendel 3633 Boone Circle North 544-2304 Mary Gwin-Lenth 9217 40½ Avenue North 544-7486 Jan Kiefer 3617 Flag Avenue North 544-2180 D. PRECINCT THREE NORTH -- Crystal Evangelical Free Church 4225 Gettysburo Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Marianne Wasnick 9029 46th Avenue North 537-7658 Chairperson Sandra Tomczik 4501 Flag Avenue North 535-6986 A)ice Hanson 4841 Ensign Avenue North 533-3998 Elizabeth Harkwell 4301Cavell Avenue North 533-5507 Elaine Wold 4641 Flag Avenue North 546-6544 Milene Adams 9000 48th Avenue North 533-5491 Berdella Fick 8941 48th Avenue North 533-1216 Mary Huch 4608 Hillsboro Avenue North 537-5138 Betty Person 9009 48th Avenue North 537-5173 E. PRECINCT FOUR -- New Hope Elementary School 8301 47th Avenue North To serve from 7:00 a.m. to 8:00 p.m. and To completion of count or as otherwise noted. Joan Demeules 4964 Xylon Avenue North 533-9917 Chairperson Jerene Sueker 3924 Xylon Avenue North 545-8702 Jane Silvola 3909 Xylon Avenue North 544-5809 Shirley Forness 8224 38th Avenue North 545-2201 Steve Carlson 8500 Hopewood Lane 546-1084 Marilyn Merritt 8124 40th Avenue North 544-6198 Mary Huttner 8608 Hopewood Lane 544-1135 Mary Emerson 4900 Wisconsin Avenue North 533-4708 Lee Humphrey 8116 40th Avenue North 545-4159 F. PRECINCT FIVE -- Holy Nativity Lutheran Church Youth Building 3540 Winnetka Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Marguerite Winker 7800 48th Avenue North 537-8397 Rosemary Kaisershot 4031 Maryland Avenue North 533-2313 Jeanette Cooke 7820 48th Avenue North 533-7818 Judy Berke 7779 48th Avenue North 533-6335 Deanna Frandsen 3716 Maryland Avenue North 537-3889 Chairperson Virginia Gooley 8516 36~ Avenue North 544-8059 Donna Hoover 3791 Louisiana Avenue North 533-4455 June Hermanson 3988 Wisconsin Avenue North 545-5584 Louise Jacobs 8219 47th Avenue North 537-5342 G. PRECINCT SIX -- Hosterman Junior High School 5530 Zealand Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Violet Underdahl 7706 53rd Avenue North 533-5913 Chairperson Dorothy Hodge 5625 Zealand Avenue North 537-0444 Isabel Rudy 8421 Bass Lake Road 537-5608 Joan Lewis 4917 Wisconsin Avenue North 533-6347 Natalie.Stuhr 5635 Wisconsin Avenue North 537-5832 Virginia Mack 5420 Wisconsin Avenue North 537-4622 Mary Olson 7415 St. Raphaels Drive 537-1719 Sharon Reckin 7806 53rd Avenue .North 533~9888 H. PRECINCT SEVEN -- Meadow Lake Elementary School 8525 62nd Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Pauline Jensen 5817 Decatur Avenue North 537-3592 Chairperson Carol Rice 6033 Yukon Avenue North 533-2891 Alice Cassibo 8512 Bass Lake Road 537-5250 Geraldine Rehnke 8810 60th Avenue North 533-7343 Sandy Voydetich 5961Hillsboro Avenue North 535-1293 Endrene Crampton 8920 61st Avenue North 537-1737 Virginia Thurler 5909 Aquila Avenue North 533-6974 Janet Nord 8811 60½ Avenue North 533-7782 I. PRECINCT EIGHT -- Winnetka Elementary School 7940 55th Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. Shirley Esnough 8031 60th Avenue North 537-6394 Lorraine Putzke 8001 60th'Avenue North 533-7216 Dorothy Rudolph 5930 Wisconsin Avenue North 537-6496 Mary Jeffrey 5940 Wisconsin Circle North 537-7556 Jean Pedersen 7961 59th Avenue North 537-6340 Chairperson Shirley Janzen 6032 Sumter Avenue North 537-2125 Adella Mortenson 6081 Sumter Avenue North 533-3167 Inez Connolly 7930 60th Avenue North 537-8067 Virginia Clough 6065 Sumter Avenue North 533-3425 Adopted ~~tober,ATTEST: . _ 1~8~~~r ~ bett~ PoOJ~i'ot, City Clerk-Treasurer ORDINANCE NO. 78- AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF GAMBLING, REPEALING INCONSISTENT ORDINANCES, AND PROVIDING A PENALTY FOR VIOLATION. City of New Hope, Minnesota The Council of the City of New Hope ordains: Section 1. Chapter 8 of the City Code, Business and Amusement Regulation and Licensing, is hereby amended by adding the following: 8.190 G A M B L I N G - - R A F F LES , E T C. 8. 191 Purpose. The purpose of this ordinance is to closely regulate and control the conduct of gambling. 8.192 Definition. For the purposes of this Ordinance the terms defined in this section have the meanings given them. 8.1921 "Active Member" means a member who has paid all his dues to the organization, and has been a member of the organization for at least 6 months. 8. 1922 "Gambling devices" mean those gambling devices known as "paddlewheels" or "tipboards", or apparatus used in conducting raffles. 8.1923 "Paddlewheel" means a wheel marked off into sections containing one or more numbers, and which, after being turned or spun, uses a pointer or marker to indicate winning chances 8.1924 "Lawful purpose" means one or more of the following: (a) benefiting persons by enhancing their opportunity for religious or educational advancement, by relieving or protecting them from disease, suffering or distress, by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was founded; · ~ (b) initiating, performing~, or fostering worthy public works or enabling or furthering the erection or maintenance of public structures; (c) lessening the burdens borne by government or voluntarily supporting, augmenting or supplement- ing services which government would normally render to the people; (d) the improving, expanding, maintaining or repair- ing real property owned or leased by' an organization; (e) "Lawful purpose" does not include the erection or acquisition of any real property, unless the City of New Hope specifically authorizes the expenditures after finding that the property will be used exclusively for one or more of the purposes specified in this clause. 8.1925 "Tipboard" means a board, placard or other device measuring at least 12 inches square, marked off in a grid or similar pattern, in which each section contains a hidden number or numbers, or ~ other symbol, which determines the winning chances. 8. 1926 "Raffle" means a game in which a participant buys a ticket for a chance at a prize with the winner determined by a random drawing. 8. 1927 "Profit" means the gross receipts from the operation of gambling devices and the conduct of raffles, less reasonable sums expended for prizes, local licensing fees, taxes and maintenance costs for the devices. 8.1928 Nothing in this section shall be contrued to authorize any use, possession or operation of: (a)Any gambling device which is activated by the insertion of a coin or token; or (b) Any gambling game or device in which the winning numbers, tickets or chances are in any way determined by the out- come of any athletic contest or sporting event. -2- 8.193 License requirement. No person shall directly or indirectly operate a gambling device or conduct a raffle without a license to do so as provided in this ordinance. 8.194 ELiGibLE [I CENSE[$.Licenses required herein may be issued to a fraternal, religious or veterans organization or to: (a) Any corporation, fund, foundation, trust or association organized for exclusively Scientific, literary, religious, charitable, educational, or artistic purposes, or for the purpose of making contributions to or for the .use of the United States of American, the state of Minnesota or any combination of the above enumerated purposes, if no part of the net income of any such corporation, fund, foundation, trust or association inures to the benefit of any private member, stockholder, or individual; or to (b) Clubs organized and operated exclusively for pleasure, recreation, or other non-profitable purposes, no part of the net income of which inures to the benefit of any private member, stockhoider, or individual; (c) Any such organization must have been in existence for at least three years and have at least 30 active members. 8. 195 License fees. Separate licenses shall be required for the operation of paddlewheels, tipboards and raffles, shall expire on December 31 of each year, and shall be issued for an annual fee of $25.00 each. Licenses may be issued for a lesser period of time upon request of the applicant, and shall not exceed the leasehold term of the applicant for the premises where the gambling or raffle is to be conducted. 8. 196 Application. :procedure. Application for a license shall be made upon a form prescribed by the council. No person shall make a false representation in an application. The council shall act upon said application within 180 days from the date of appli- cation, but shall not issue a license until at least 30 days after the date of application. 8.197 Use of pro.fi..t.. Profits from the operation of gambling devices or the conduct of raffles shall be used solely as authorized at a regular meeting of the organization, and solely for a lawful purpose defined herein. -3- 8. 198 Conduct of Gambling. All operation of gambling devices and · ~' the conduct of raffles shall.be under the supervision of a single gambling manager to be designated by the organization and so recorded in the official minutes of the organization within 48 hours after appointment. 8. 199 Gambling Manager Responsibilities. The gambling manager shall be responsible for accounting and all record keeping as to gross receipts and profits from gambling devices and raffles, and for their operation, and shall be responsible for using profits for a lawful purpose, and for the conduct of lawful gambling in accordance with all applicable laws and o~'dinances. 8.200 Bond of Gambling Manager. The gambling manager shall provide a fidelity bond in the sum of $10,000 in favor of the organization conditioned on the faithful performance of his duties. Terms of the bond shall provide that notice shall be given in writing to the City of New Hope not less than 30 days prior to its cancellation. The City Council may waive this bond requirement by including' a waiver provision in the gambling license issued to an organi- zation, if approved by the unanimous vote of the City Council. 8.201 Qualifications of Gambling Manager. Any gambling manager shall be an active member of the organization. 8.202 Compensation. No compensation shall be paid to any person in connection with the operation of a gambling device or the conduct of a raffle by- a licensed organization. No person who is not an active member of an organization, or its auxiliary, or the spouse or surviving spouse of an active member may participate in the organization's operation of a gambling device or conduct of a raffle. 8.203 Re. porting Requirements. Each organization licensed to operate gambling devices shall keep records of its gross receipts, ex- penses and profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. Ail deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records i indicating the amount, a description of the purchased item or i service or other reason for the deduction, and the recipient. ~ The distribution of profits shall be itemized as to payee, purpose, ! amount and date of payment. 8.204 Separation of Funds. Gross receipts from the operation of gambling devices and the conduct of raffles shall be segregated from other revenues of the organization, including bingo gross receipts, if any, and placed in a separate account. Each organization shall have separate records of its gambling operations. The person who accounts for gross receipts, expenses and profits from the operation of gambling devices or the conduct of raffles shall not be the same person who accounts for other revenues of the organization, except that such person may be the same person who account for bingo gross recipts, expenses and profits, if any. .205 Monthly Reports. Each organization licensed to operate gambling devices or to conduct raffles shall report monthly to its member- ship, and to the City Clerk, its gross receipts, expenses and profits from gambling devices or raffles, and the distribution of profits itemized as required in this subdivision. These records shall be preserved for three years, and organizations shall make available their records relating to operation of gambling devices and the conduct of raffles for City ins~pection at reasonable times and places. .206 Eligible Premises. Gambling devices shall be operated and raffles conducted by a licensed organization only upon premises, which it owns or leases except that tickets for raffles conducted in accordance with this section may be sold off the premises. Leases, unless authorized in another location by the City shall be for a period of not less than one year and shall be in writing. No lease shall provide that rental payments be based on a per- centage of'receipts or profits from gambling devices or raffles. Copies of all leases shall be provided to the City Clerk. .207 Prizes. Total prizes from the operation of paddlewheels and tipboards awarded in any single day in which they are operated shall not exceed $500. Total prizes resulting from any single spin of a paddlewheel, or from any single tipboard, shall not exceed $100. Total prizes awarded in any calendar year by any organization from the operation of paddlewheels and tipboards and the conduct of raffles shall not exceed $15,000. Merchandise prizes shall be valued at fair market .retail value. 8.208 Bingo. Nothing in this ordinance shall be construed to authorize the conduct of bingo without acquiring a separate bingo license. -5- 8. 209 Penalties - Criminal. Violation of any provision of this ordinance shall be a misdemeanor. A person convicted of violating any provision of this ordinance shall be subject to a fine of not more than $500 or imprisonment for a term not to exceed 90 days. 8.210 Penalty - Suspension of License. The City Manager may suspend any license issued hereunder for a period of not to exceed three weeks upon the issuance of a Court complaint of a violation by the licensee of the terms and conditions of this ordinance. Such suspension shall not be effective after the date of the next regularly scheduled meeting of the City Council. Written notice, of the suspension and the grounds therefor, together with the time and date of the next regularly scheduled (or special) City Council meeting at which the suspension shall be considered shall be served upon the licensee in the same manner as process in the District Courts of the State of Minnesota. However, leaving such notice or mailing it, to the address shown on the application for the permit, if no other address is known to the City, shall comply with the ' requirement of service. The licensee shall be informed by such notice of his right to a hearing before the City Council at the time, place and date specified therein, together with any further sus- pension or proposed revocation of any license issued hereunder. The City Council shall consider any further suspension or revo- cation at such hearing or any continuance thereof, and if he so chooses, the licensee shall be heard personally or by legal counsel, or both. The City Council shall make its findings and order, based thereon, a copy of which shall be served upon the licensee within 30 days of such finding and order. If the Council finds a violation of this ordinance by the licensee, it may suspend or revoke any license issued here- under. 8.211 Penalty - Revocation of License. The Council may order the revocation of a license issued hereunder after notice and hearing as prescribed above for a suspension and upon findings thereon of violation of the ordinance and order, such license or licenses shall terminate. 8.212 Denial of Licenses. If the City Council finds that the issuance of any license hereunder would be, in its discretion, contrary to the public health, welfare or safety, it may deny any application for such license. -6- Sec..tion 2. Effective date. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the 23rdday of October ~ Be~ty/Pouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 2nd day of November , 1978.) -7- RESOLUTION APPOINTING REPLACEMENT JUDGES FOR THE GENERAL AND CITY ELECTION OF NOVEMBER 7, 1978 BE IT RESOLVED by the City Council of the City of New Hope as follows: The persons below named are hereby appointed replacement judges for the November 7, 1978 General and City Election. Precinct 2 Beatrice Jepsen, 3510 Wisconsin, to replace Mary Franzen. Precinct 4 Elvina Thornberg, 5820 Meadow Lake Road, to replace Mary Emerson. Precinct 8 Bonnie Pattee, 6041Sumter Place, to replace Mary Jeffrieso Adopted by the Council this 23rd day of October, 1978 ~__~~ / on, Mayor ^TTEST: -'~~"~ C~~C1 k ' 1)~tt~l~o~iot, ity er -Treasurer RESOLUTION AMENDING ASSESSMENT ROLL, STREET IMPROVEMENT NO. 286, ESTABLISHING A NEW ASSESSMENT CLASSIFICATION, DEFERRING CERTAIN ASSESSMENTS IN ACCORDANCE WITH M.S. § 429.6 (2), AND MODIFYING THE PERIOD OF PAYMENT OF CERTAIN ASSESSMENTS. BE IT RESOLVED by the City Council of the City of New Hope: 1. This Council hereby finds and determines that Parcel 8000, Plat 62273 is unimproved property within the meaning of M.S. § 429.061, Subd. (2), that it is reasonable, in the interest of equity and justice, and that the public welfare will be served by modifying the assessment roll for Street Improvement No. 286 by deferring payment of the assessment for said improvement from this parcel until any of the following events, whichever comes first: a. September 24, 1998. b. Commencement of construction of improvements on the premises, as evidenced by the requirement of a building permit. c. Loss of entitlement of the homestead exemption of the abutting premises (Parcel 4000, Plat 62273), Lot 1, Kranz Addition, Hennepin County, Minnesota). d. Loss of common ownership with Lot 1, Block 1, Kranz Addition, Hennepin County, Minnesota. 2. The terms and conditions of such deferment are as follows: a. Interest at the rate of 8% per annum shall be payable on the entire principal of assessments hereunder from and after the date on which the deferment of the assessment expires, pursuant to paragraph 1, above. b. The deferred assessment shall be paid in equal annual installments, payable commencing the calendar year following the termination of the deferment of the assess- ment, pursuant to paragraph 1, preceding, together with interest at 8% on the deferred principal of the assessments, The final year for the payment of assess- ments shall be 2008, and the number of equal installments of principal payments on the deferred assessment shall be calculated accordingly. c. No prepayment of the deferred assessment shall be accepted without payment of all installments due to and including December 31 of the year of prepayment, together with the original principal amount reduced only by the amounts of principal included in installments paid, plus all accumulated interest· 3. This Council finds and determines that a single family homestead and its adjacent lot, under the same ownership, situated in the midst of or adjacent to industrially zoned property, which industrially zoned property is under development, with attendant needs for extra heavy duty streets and other public improvements, is at a disadvantage in meeting the costs of the public improvements required for the neighboring industrial development, and that a measure of relief should be provided the homeowner. 4. The Council further finds and determines that a separate classi- fication for assessment purposes for Street Improvement No. 286 entitled Homestead/Industrial should be and hereby is established for those parcels in the assessment district for Street Improvement No. 286 which meet the criteria in paragraph 3 for homestead and adjacent property, and further determines that those parcels which qualify for the Homestead/Industrial classification in said Improvement 286 should be assessed over a 30-year basis for this Improvement, as compared to 20 years for similarly zoned properties in the same assessment district. 5. This Council finds and determines that two parcels qualify for Homestead/Industrial classification in 'Street Improvement No. 286, as follows: Parcel 4000, Plat 62273, Owner William Kranz, et ux Parcel 8000, Plat 62273, Owner William Kranz, et ux 6. The City Clerk is authorized and directed to take the appropriate steps to modify the assessment roll for Street Improvement No. 286 as follows: a. Parcel 8000, Plat 62273: Assessments are deferred as provided hereinabove. b. Parcels 4000 and 8000, Plat 62273: Assessments are spread over 30 years, subject to paragraph 2, preceding. Dated the 23rd day of October, 1978 · Erickson, Mayor (Seal) - 2 - RESOLUTION ORDERING CONSTRUCTION OF STREET AND STORM SEWER IMPROVEMENT NO. 350 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (XYLON AND 45TH AVENUES NO.) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing on the 13th day of November, 1978 at 7:00 p .m. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Street and Storm Sewer Improvement No. 350 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 the 12th and 19th days of October, 1978. 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, 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, 1978. ~.,~ /~j . - __/F~d~v' ~. Eriekson, Mayor Attest: ~:~~~ B~P~llot, Clerk-Treasurer (Seal) RESOLUTION CONSIDERING REZONING REQUEST DESIGNATED AS PLANNING CASE NO. 78-85 TO REZONE THE RESIDENTIAL PROPERTY AT 9000 ROCKFORD ROAD FROM SINGLE FAMLY TO LIMITED BUSINESS, AND DENYING SAME. (PAVEY AND JOHNSON) 1. 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 improvement of our community, and 2. WHEREAS, Section 462.357 provides specific authorization for municipal regulations as planning relates to zoning and land use and authorizes the City to adopt ordinances establishing authorized and prohibited uses within different zoning districts, and 3. WHEREAS, the City has enacted a zoning ordinance and established permitted uses and provided for adjustments, special use permits and variances for the individual districts and for exercising the legislative power and right to rezone, where justified by the circumstances, and is attempting to plan and guide future development of the community in an orderly manner, protecting the rights of ail of the citizens of the community, and 4. WHEREAS, Mr. Russell Pavey and Mr. and Mrs. Gary Johnson have filed an application to rezone a parcel of land which was zoned in 1960 to permit the use which is now made of the property, and 5. WHEREAS, the Planning Commission on October 3, 1978 considered the Staff Findings and Comments dated October 3, 1978, the purposes of the Comprehensive Plan, and the arguments of the petitioners as incorporated in the minutes of the Planning Commission meeting of said date, which resulted in the Planning Commission recommending approval of the petition for rezoning, and 6. WHEREAS, the Council has carefully considered the unsworn presentations made to it by applicants, and the comments of interested citizens at the Council hearing, together with a review of its own minutes, and the minutes of the Planning Commission, and staff recommendations, all of which are incorporated herein by this reference, including the following: Date Item October 3, 1978 Staff Findings and Comments October 3, 1978 Planning Commission Minutes October 10, 1978 Council Minutes 7. WHEREAS, to justify the use of the legislative power to rezone, the Council must find a mistake in the original zoning of the property in question, or that there has been a substantial change in the general land use concepts in the surrounding area, the Council makes the following: FINDINGS OF FACT 1. The area surrounding the site in question has developed sub- stantially in accordance with the Comprehensive Zoning Plan of 1960. 2. Until Cooper Herman Addition was platted in 1976, the subject premises faced on only one street - 42nd Avenue North (CSAH No. 9). When Cooper Herman was platted, the southern terminus of Flag Avenue North, north of 42nd Avenue North, became a cul-de-sac, instead of a through street to 42nd. It is probable that if Flag were a through street, the subject parcel could be divided into several residential lots. However, the owners of the subject premises received notice of the proposed platting of Cooper Herman Addition and made no objection of the cul-de-sac. Even if the applicants had objected and been overruled by the Council, the potential economic loss does not justify the use of the power to rezone from SR to LB. 3. Citizens in the area by petition and by appearance before the Council have strenuously objected to the proposal to intrude commercial use in the residential area. 4. The requested rezoning would constitute spot zoning. 5. In addition to the spot zoning as undesirable and illegal, such spot zoning would create a precedent for further such encroachment of commercial along 42nd Avenue North, resulting in a trend toward strip zoning, a concept which the City has struggled against for many years as extremely undesirable development. Opposition to this concept is expressed in the Commercial Policies of the Comprehensive Plan. 6. The proposed rezoning is directly contrary to the purposes of the zoning ordinance, as expressed in 4.01 (3), (5), and (7) of the Zoning Code of the City of New Hope in that it will not achieve: a. Conservation of the value of land and buildings; b. Stability of residential neighborhoods; c. Compatability between different land uses. 7. The New Hope Comprehensive Plan of May 22, 1978 finds that the development of this area (District 12) is highly successful, and no change in zoning was contemplated for the parcel in question. 2 8. The changes which the petitioners referred to as justifying their proposal were all contemplated in the 1960 Comprehensive Plan of the City and do not constitute changes to justify the zoning requested. 9. The Council finds no basis to justify the use of the legislative power of the City to rezone in this matter. THE PETITION TO REZONE UNDER 78-85 IS HEREBY DENIED. Dated the 13th day of November, 1978. Attest: ~e~k/_Treasurer -3- RESOLUTION APPROVING COOPERATIVE HOME REHABILITATION GRANT PROGRAM CONTRACT NO. 80449 WITH COUNTY WHEREAS, the County intends to undertake a program for the disbursement of grants to improve residential property for eligible families and individuals within the County; and WHEREAS, the COu~'t~ has entered into an agreement with the Minnesota Housing Finance Agency (MHFA) to act as an administering entity for the utilization and disbursement of such grant funds pursuant to applicable statute; and WHEREAS, the Ci'ty, by resolution, has previously indicated its desire to participate in this program and to assist such individuals and families to improve their housing in the City; and WHEREAS, the County desires to purchase certain necessary administrative services from the City in connection with carrying out the programl NOW, THEREFORE, BE IT RESOLVED that the Council of the City of New Hope does hereby approve the Cooperative Rehabilitation Grant Program Contract with Hennepin County and the Mayor and the Manager are authorized to sign the same. Adopted by the Council of the City of New Hope this 13th day of November, 1978. ~at~liOt, City Clerk-Treasurer A~RESOLUTION REQUESTING ADJUSTMENT IN THE COMMUNITY DEVELOPMENT BUDGET FOR 1976/77 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 appro- priate citizen participation, goal establishment and imple- mentation plans and procedures, and WHEREAS, the grant application in a total of $108,190 was approved for several specified projects, and WHEREAS, the line items for the original budget were adjusted by resolution dated September 12, 1977, and WHEREAS, additional changes are required to accommodate actual COSTS, NOW THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, Minnesota that the appropriate authorities be requested to adjust the City's 1976-77 Budget for activities under the Housing and Community Development Act of 1974 as listed below: Present Budget Amended To Handicapped Access $21,690 $23,452 Screening Planting/Trees 41,667 41,667 47th Traffic Signal 34,787 35,581 St. Jacobs Hall 2,264 2,416 Administration 7,782 5,074 $108,190 $108,190 Adopted this 13th day of November 1978. ~~l~Mayor RESOLUTION AUTHORIZING WITHDRAWAL FROM THE SUBURBAN HEALTH NURSING SERVICE WHEREAS, the City of New Hope had entered into a Joint and Cooperative Agreement to provide community health nursing services by resolution dated October 24, 1977 and WHEREAS, the Joint Power Organization was not able to achieve the goals established for organization of nursing services, and WHEREAS, there is now an alternative plan for the provi- sion of community health nursing and home health services, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ne~ Hope that the City is hereby withdrawing from the service and that the City Manager is hereby directed to file the written notice with the appropriate official as provided for in Article Xl~of the 1977 Agreement. Adopted this 27th day of November, 1978. ATTEST: ~~ ~'--~l~k'-Treasurer A RESOLUTION REGARDING ADJUSTMENTS ~N PENSION PLAN FOR VOLUNTEER F~RE PERSONNEL WHEREAS, The City Council of the City of New Hope, has received from the Relief Association of the Volunteer Fire De- partment of said City, a proposal for a change in the volunteer"s pension program, and WHEREAS, an actuarial valuation of the proposed pension plan has been completed and presented to this Council and the Relief Association on November 27, 1978 by Hewitt Asso- ciates, for a plan that would over a four year period (1979~1982) essentially double the 1978 and prior year's benefits, (copy attached), and WHEREAS, this study indicates the proposed pension plan is actu- arily sound, NOW, THEREFORE, BE IT RESOLVED by said City Council that the pro- posed pension plan for the New Hope Fire Department Relief Association, as presented on November 27, 1978, is hereby adopted by this Council, subject to inclusion in, and suc- cessful passage of appropriate state legislation to effect said pension, and BE IT FURTHER RESOLVED that said legislation shall include, if necessary, a provision providing that the benefits Chief William A. Reimer is entitled to under current legisla- tion shall be continued at existing levels. Said benefits to cover Chief Reimer's service with the volunteer fire department before his appointment as a full-time paid em- ployee of the department. The City Clerk is hereby authorized and directed to provide certi- fied copies of this resolution, as needed, to those persons or parties requiring copies in order to proceed with securement of the necessary legislation. Adopted by the City Council of the City of New Hope, this 27th day of November 1978. ./" ' y' Mayor ATTEST: ~--~.,z_~xCje r: k ~_T r e a s u r e r PLAN PRESENTED TO CITY COUNCIL, CITY OF NEW HOPE ~--, ~.- November 27, 1978 NE~'f HOPE VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION COMPARISON OF COSTS - INCREASE IN PE~qSION BENEFITS: BENEFITS CURRENT COSTS PROJECTED COSTS - FUTURE BENEFI]U; (Headings Only) ($120. per ~no. - base) 180 200- 220 240 Retirement: 26 Regular Retirement: (*) i,672.00 2,023. 2,14t. 2~259 2,377. Disability (**) 837°00 !~012. 1,071. 1,130 1,189~ Disability: 2,814.00 3,817 Temporary Service Pension 555.00 745. 809. 873 937~ El iminat ion Service Pension ~55.00 745. 809. 873 937. Termination Resignation.: 387.00 582 ~ 647. 712 777~ Lump Sum Death Benefit: 2,0it~00 2,038~ 2,047. 2.056 2,065. Lump Sum ~, _dow' s 1 Pension Children~ s 148.00 222. 247. 272. 29'7. Pension Special Prov. 5.55.00 745. 873~ ~r.A.Reimer TOTAL COSTS 37 STATE ilqS. (2%) REII~URSEMENT 30,000.00 (t. 978) (1979)34,500. (80)39,675 (81)45,626. (82)52,470. Projected Trend CURRENT 19~753.00 (1978) (iL979)21 ~ 136. (80)22,616 (81)24,198. (82)25,893. ASSETS (+.07% per yr.) CITIES -0- (t979) 837.J, (80) 677 (81) -0- (82) -O- )TE: (*) - Indicates Disability as result of "oN DUTY" injury/illness. (**) - Indicates Disability as result of "OFF DUTY"' injury/illness. RESOLUTION AUTHORIZING BONESTRO0, ROSENE, ANDERLIK & ASSOCIATES, INC. TO PROCEED WITH THE PLATTING AND SITE IMPROVEMENTS FOR THE SCHERER BROTHER PROPERTY WHEREAS the City of New Hope has received a parcel of land (currently called the Scherer property) as a gift; and WHEREAS, a Community Development Grant application has been received to develop this land for housing for certain lower/moderate income f6milies; and WHEREAS, it is now necessary to begin to plat the property and to prepare improvement plans; and WHEREAS, the community will best be served by having this work coordinated and prepared by one engineering firm; NOW, THEREFORE BE IT RESOLVED by the City Council, City of New'Hope that: 1) The fi~m of Bonestroo, Rosene, Anderlik & Associates, Inc. be appointed as the engineering firm for the Scherer Brother property development; and 2) That they retain such assistance as needed to plat the property and prepare site grading, utility installation and street improvement plans. Adopted this 27th day of November, 1978. ATTEST:~ ~~~ .-' Edward~. ~rickson, Mayor B~uiiot, city Clerk-Treasurer A RESOLUTION ADOPTING A FiVE YEAR M.S,A. STREET IMPROVEMENT PROGRAM WHEREAS, the City' of New Hope has been and will continue to receive municipal State Aid funds for street improvements and maintenance, and WHEREAS~ the Municipal Screening Committee has adopted a directive that each city prepare a formal itemI ized five year program for construction projects to utilize all existing and anticipated funds, and WHEREAS, the City of New Hope has planned for its expendi- tures of M.S.A. Funds and needs to now formally adopt said plan for submission to the District State Aid Engineer, NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of New Hope that the attached five year capital improvement program - M.S.Ao Street Construction dated November 27, 1978 is hereby adopted as the City's five year capital improvement program and that the City Engineer is hereby directed to sub- mit said plan to the appropriate official. Adopted this 27th day of November, 1978. -/ ~ayor ATTEST: ~ /~i~y Clerk-Treasurer ~ NOVE~EP ~7, 1978 CITY br Ne~ Hope FIVE YEAR CAPITAL iMPROVE, .£NT PROGRAM -M.S.A. STREET CONSTRUCTION CONS'f FUND . RECEIPTS DISBURSEMENTS ..MAINTENANCE  %A. STREET FROM TO YEAR BALANCE ALLOTMENT BONDS CONST. BOND BONDI REMARKS DEC. 31 . JAN. i · SOLD PROJECT PAYMENT iNTEREsyALLO'E BALANCE ~978 $275,000 1979 , $155,000 $ 30,000 3,800.5C 23,000 +19,~99.50 102 !___ i Xylon Ave. (Signal) @ Co.Rd. 9 1979 .... $ 60,000 ... 2/3 off Syst~ 102 l~ylon Avenue 1 Co. Rd. 9 45th Ave. 1979 125,000 104I 4.5~h Avenue Xylon Ave. Winnetk~..~v~. 1979 , , , 125,000 , i 1979 $ 90,000 ! . 1980_ $155,000 . $ 3p,O00 2,.222.5_0 23,000 +20,777 50 ... 103.. Quebec Ave. (Signals) @ Co. Rd. 1980 .... ~..35,~00 2/3 off Systl I ... 1980 $180,000 I 1981 $155,000 $ t0,000 1,188,50 23,000 +21,811 50 111 62nd Avenue 2innetka Av Louisiana. 1981 $200,000 ~-'- .. , 1981 $125,000 , I 1982 $155,000 $ 10,000 723.50 23,000 22~266.~0 ..101 ~oone ~¥e. (Overlay) .... 42nd Ave. 62nd_Ave. 1982 . $ 75,000 ..... N~vada Av. Signals @ Co. Rd. 9 , 1982 $ 30,000 , Off System. i ,,l . ., 1982 $165,000 ........ [ 1983 $155,000 ~ $ 10,000 248.50 23,000 22,751 111 62nd Avenue Boone Ave. ~innetka Ay. 1983 $200,000 101 ~.oone Ave. (Overla~) 27th Ave. ~.2pd Ave~ . 1983 .... 75,000 I 1983 $ 35,000 ave ~ · '~ ~"~--~ ',1~ .._..~ . ' .. ~ ~' ~ ~ ~1~- j ~"~ ~ ----' ---,i~l~ %,,' ~j~ ~ ~!~~'` ~ - ~ ,~>. 1~ ~'~'~ ,~e . ~ ~_ ,d~ ~.; >~__u~_.~_.~'~ ~ ,~ :,-',n~ ~' ~ ~ :. .~ ~,~ ~-~' I~ ¢. ec .... . ~ . . ~j,~ ' Yu~O~ m ~vE ~ < ~u~;~___. ~ ~ ~1 IA ~ "oue~- ~t--- ~-I'h'~*': ~- - eU2 ,I ~ ,', ~ H ~ /Lave -i~ ~ ~ :-==:"-' :'~ -~=' J,~)~¢~ ~ ~ ~'~' ~ z z z ~ ~ ~ :RYSTAL CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF REGISTERED LAND SURVEY FOR PROPERTY PREVIOUSLY DESCRIBED AS TRACT F,-RLS 1137 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 a?. .thori zed to sign the final plat. ~ Attest :~k-Treasurer CEdi FI C~I ON ~E 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 certi~ that: .... (1) as such officer, I have the legal custo~ of the original ~solution of which the foregoing is a true and correct cow: (2) that said. Resolution was duly adopted at a meeting Of the CiO --- Council of said City on the date hereafter indicated; and ,~ (3) saidmeeting was duly held, pursuant to call and notice the~- · of as required ~ law, on November 27, 1978 - ... .,'-.. ~.,.;· '.. ''~:i:'. Witness ~ hand and the seal of said CiO this 28th "' d~ of November , 19 78. · ' Ci~ Clerk-Treasurer RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF PROPERTY PREVIOUSLY DESCRIBED AS TRACT F, RLS 1137 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) T'~Developer shall execute and deliver to~ City'~.~.~evelopment Contract" se.cure~g~y~a "Develop~Bond" in an' amo.u~l~d with surety and condition~tisfa~~o the City to assure to the CiVet driveway approaches, ~ · street si~., Doulevar'~provements, and other nec~-~yimprovements be'L~tructed and q'hstalled to City specificatio~t~;. (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 9ood title in the lands platted to do so. (c) Additional conditions: None Adopted bY the Council this .~ day of /x//~~/~.,~ ._, 1 ~ l~lerk-Treasurer RESOLUTION AUTHORIZING WAIVER OF PLATTING-REGULATION WITHIN THE CITY OF NEW HOPE, .MINNESOTA PRESENT PLAT 62463 PARC'EL 2000 (FOR AL HORNER (PLANNING CASE 78-108) 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, Chi 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 thateffect, 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 failure 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 Henmepin, State of MinnesOta described as follows- Tract A: The north 4.50 feet of the west 24.00 feet of the east 171.27 feet of Lot 1, Block 1,' WENDY JANE TERRACE Tract B: .Lot l, Block l, WENDY JANE TERRACE, except the north 4.50 feet of the west 24.00 feet of the east 171.27 feet of Lot 1, Block 1, WENDY JANE TERRACE. Dated this llth day of December , 197 8 . / - ~//C, Hayor Attest: // /~ '----C~ ~rk/4Treasu re r' ORDINANCE NO. 78-~-~' AN ORDINANCE AMENDING SECTION 5.169 AND SECTION 5.52 BY REVISING WATER AND SEWER RATES City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section I. Section 5.169 of the City Code is hereby amended to read as follows: 5.169 Water Rates, Water bills shall be concurrent with sewer billings. The rate for water furnished to consumers by the municipal water system shall be as follows: The minimum quarterly charge will be $2.00 for each meter plus fifty-five cents ($.55) for each 1,000 gallons of consumption over and above the initial 1,000 gallons recorded on said meter for the quarter. Section 2. Section 5.52, Subd. (2), Meter Flow Charge, of the City Code is hereby amended to read as follows: Subd. (2) Sewer Rates Based on Metered Water. For ali premises where the sewer rate is based upon the metered use of water, the rates shall include the minimum charge provided in Subd. (1) of $2.00 per quarter, plus sixty-two cents ($.62) for each 1,000 gallons of water consumption over and above the initial 1,000 gallons of sewerage included in the mini- mum charge in Subd. (1). For single family residences only, sewer charges shall be computed on the basis of actual gal Ions of water metered during the winter billing quarters; winter quarters are the quarters billed from January to the following May; sewer charges for the summer quarters, quarters billed from June to the following November, shall be determined by averaging the gallonage of water metered during the winter billings; provided, however, that the gallons charged for the summer billings shall not exceed an amount equal to the actual metered water, if actual usage is less than the amount determined by the averaging method. The quarterly periods shall be as uniform as feasible through- out the City. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the City Council of the City of New Hope this /tc~ day of December, 1978. ATTE ST: ~ c~ · Beet t-[/~ P~6u~ i o t, Clerk-Treasurer (.Published in the New'.Hope-'Piymouth Post the day of , 1978). A RESOLUTION REGARDING 1979 SALARIES AND BENEFITS WHEREAS, thee 1979 City Operating Budget has been adopted, and WHEREAS, said budget anticipates the establishment of new salary levels for the employee positions as authorized in the budget, and WHEREAS, there are adjustments needed in the present pay plan both to ade- quately compensate specific positions and to assure that the em- ployees can continue to meet expenses at a responsible level, and WHEREAS, the City of New Hope in adoption of the 1979 Budget did provide for adjustments for individual employees and for across the board in- creases prior to the "Carter~' guidelines, and WHEREAS, the City does want to and does intend to fully cooperate in the wage and benefit contracts announced by President Carter, and WHEREAS, a three year program tied to the guidelines appears to be in the best interests of the employees, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, that the following wage and salary plan be adopted for 1979: 1. City contributions toward group life, hospital and health insurance shall be adjusted so that non-union employees have a $75.00 per month contribution made by the City toward in- surance costs for employee and dependent coverage under the current plan starting with payments made during the month of January 1979. This adjustment is made in accord with histori- cal adjustments that result in the non-union employees fOllow- ing by one year the police benefits for insurance. In those cases where the employee chooses life insurance only, or em- ployee only coverage For health and hospital, the City shall pay the actual cost of such lesser coverage. The $75.00 limit shall apply toward insurance for 1979 and 1980. A further ad- justment may be considered if a major increase in the cost of insurance is received in 1981. 2. The basic wage and salary package for the three year period shall be a 7% increase in 1979; 6% in 1980 and 5% in 1981 with a further adjustment of 80% of the difference between the 6% and 5% and the actual cost of living, preceding October to October Minneapolis/St. Paul i~ndex for clerical work, with a maximum of a total 7% increase in either year. If the 1979 to 1980 index exceeds 7.5% the City Council shall review the salary adjustment approved here for 1981 and determine if a further adjustment should be made due to the failure to control inflation. 3. The following salary schedule shall be established as of January 1, 1979 for all covered clerical positions in the City service with 1980 and 1981 adjustments made in accord with the above provisilon: Start 6 mos. 12 mos. 24 mos. 36 mos. Special Assessment Clerk $5.11 $5,26 $5.55 $5.82 $6.10 Clerk/Sec. and Acct.Clerk 4.26 4.39 4.60 4.84 5.15 Departmental Clerk 4.04 4.16 4.38 4.59 4.90 Clerk 3.42 3~52 3.70 3.88 4.08 4. The following non-management positions shall have the salary schedule indicated below for 1979 with 1980 and 1981 adjust- ments made in accord with "2" above: Administrative Assistant $16,585/annual Fire Marshal/Building Official $17,596/annual Mechanic $8.34/hour Ice Arena Maintenance $14,500/annual General Inspector $16,000/annual, based on 50% adjustment between pre- sent salary and $16,000 on January 1st, 25% on April 1st, 25% on July 1st, following a satisfactory performance rating. 5. The following management positions shall have the salary rates noted below for 1979 with 1980 and 1981 adjustments made in accord with "2'! above: Golf Course/Ice Arena Manager $19,155 Recreation Supervisor $12,960 Public Works Superintendent $22,900 City Clerk $23,500 Finance Director $24,500 Park/Recreation Director $24,744 Fire Chief $24,500 Public Works Director $23,500 Police Chief $26,796 6. In the case of new assignments of responsibilities, through the combination of positions, transfer or assumption of new duties or similar actions, adjustments of salaries are author- ized subject to the limitations of the actual budget appropria- tion and comparison with salaries for positions of similar responsibility in the City service, 7. The Fire Departmentls 1978 salary for all part-time members of $55,000 shall be increased by 7% and the City Manager shall work with the Salary Committee of the Department to develop an appropriate salary structure within the total dollar limit. 8. There shall be set aside a sum of money for adjustments to police personnel: dispatchers, officers and agents, equal to 7% of 1978 wages and fringe benefits for salary adjust~ ments. If negotiations or arbitration result in salary increases in excess of this amount, adjustments in the work force by cutting personnel, hours, or demotions shall be made as necessary, to stay within the budgeted amount. 9. The City Manager is hereby authorized and directed to transfer funds as necessary from Account 4970~42 to the appropriate General Fund accounts to cover the personnel costs of the af- fected departments in the General Fund and.to increase the per~ sonnel cost accounts as necessary in other Funds to provide monies to cover the increased personnel costs in these funds. Adopted this llth day of December, 1978. ~--I ~/C rerk*Treasu rer RESOLUTION RELEASING EASEMENT, New Hope Street & Storm Sewer Improvement No. 286 (Egan Parcel) BE IT RESOLVED by the City Council of the City of New Hope, County of Hennepin, State of Minnesota, as follows: WHEREAS, this Council on August 14, 1978 accepted a permanent construct- ion easement for Louisiana Avenue Street and Storm Sewer Improvement No. 286, dated July 28, 1977, from Costney R. Egan, LorettaE. Egan, William J. Egan, Patricia J. Egan, Gerald L. Egan, and Donna M. Egan, as fee owners, which ease- ment was filed with the County Recorder for Hennepin County,' on September 1, 1978, as Document No. 4408021, and WHEREAS, this easement contained an erroneous legal description inso- far as the permanent easement is concerned, to-wit': The North 10 feet of the South 50 feet of the East 283 feet of the North -533 feet of the Southeast quarter of the Southwest quarter of Section 20, Township 118, Range 21, Hennepin County, Minnesota, AND WHEREAS, the grantors previously named in this resolution have executed and delivered new easements correcting this error, the correct legal description being: The North 10 feet of the South 50 feet of the East 283 feet of the South 533 feet of the Southeast 1/4 of the Southwest 1/4 of section 20, Township 118, Range 21, Hermepin County, Minnesota, NOW THEREFORE, BE IT RESOLVED THAT 1. The City of New Hope hereby releases the purported easement contained in Document No. 4408021, described above, and does accept by adoption of this resolution, two permanent easements for Louisiana Avenue Street and Storm Sewer Improvement N°. 286, dated October 31, 1978 and November 13, 1978, con- taining the correct legal description, copies of which are attached hereto, and the Clerk is directed to cause this resolution and the two attached easement documents with the Hennepin County Recorder. December, Dated this 11th day of ~78.~ . Mayor Clerk ~reasurer (SEAL) -2- PERMANENT CONSTRUCTION EASEMENT FOR LOUISIANA AVENE STREET AND STORM SEWER IMPROVEMENT NO. 286 THIS INDENTURE, Made tHAs~ [..~ day of (~) ~ , 1978, between COSTNEY R. EGAN and LORETTA E. EGAN, his wife, WILLIAM J. EGAN ' and PATRICIA J. EGAN, his wife, and GERALD L. EGAN, divorced and not re- married, as fee owners of the property over which this easement hereinafter described runs, and EGAN & SONS CO., a Minnesota business corporation, and FIDELITY BANK AND TRUST COMPANY, a Minnesota corporation, as mortgagees of the said premises, hereinafter referred to as "First Parties~ , and the CITY OF NEW HOPE, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" or "Granteen , WHEREAS, the First Parties are the owners of the fee or an encumbrance upon the property hereinafter described, and WHEREAS, the City if desirous of obtaining easements hereinafter described, THEREFORE, the First Parties in consideration of the sum of One Dollar and Other Good and Valuable Consideration to them in hand paid by the City, the receipt of which is hereby acknowledged, do hereby grant, bargain and convey unto the said City, its successors and assigns, a construction easement, including full and free right and authority to enter upon a strip of land herein- after described, for the purpose of construction of a street and storm sewer improvement, and do further grant unto the City, its successors and assigns, forever, a permanent easement, including the full and free right and authority to enter upon and maintain said improvement over a strip of land 10 feet in width, it being the agreement of the parties hereto that the aforesaid construction easement shall terminate without further action by either party on the first day of June, 1978, unless earlier terminated by mutual written agreement of the parties, but for the permanent easement herein described to continue forever as a permanent easement over said tract, and the City shall have the right to make such use as is reasonably necessary and advisable in the maintenance and operation of said improvement over the tract of land described. By acceptance of this easement, the City does hereby covenant and agree to restore the surface of the ground to approximately the same condition as existed thereon prior to the construction or maintenance of said improvement, it being understood that the City shall have the right to dispose of and waste any excess dirt in accomplishing this obligation. The temporary construction easement is legally described as follows: The West 10 feet of the East 43 feet of the East 283 feet of the South 533 feet of the Southeast 1/4 of the Southwest 1/4 of Section 20, Town- ship 118, Range 21, Hennepin County, Minnesota. Said permanent easement is legally described as follows: The North 10 feet of the South 50 feet of the East 283 feet~)f the South 533 feet of the Southeast 1/4 of the Southwest 1/4 of Section 20, Town- ship 118, Range 21, Hennepin County, Minnesota. This easement is intended to replace Permanent Construction Easement for Louisiana Avenue Street and Storm Sewer Improvement No. 286, dated July 28, 1977, and filed with the County Recorder of Hennepin County, Minnesota, as Document No. 4408021, on September 1, 1978, which erroneously referred to the permanent easement as be/rig the North 10 feet of the South 50 feet of the East 283 feet of the North 533 feet of the Southeast 1/4 of the Southwest 1/4 of Section 20, Township 118, Range 21, Hennepin County, Minnesota, and it is the intention of the grantor and the grantee that the easement granted in Document No. 4408021 be and hereby is released. State Deed Tax due hereon: None Parcel No. 20A 846 RD (286E) Executed the day and year first above~v~itten. L~r~tta E. Egan O~rald L. E~an, divorced a ~d~j, hot remarried STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) ~ Thl~ foregoing instrument was acknowledged before me this,2/~day of (~~ ., 1978, by COSTNEY R. EGAN and LORETTA E.'EGAN, his wife. STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) She^foregoing instrument was acknowledged before me this ~ I-~day of ~_~ ~ , 1975, by WILLIAM J. EGAN and PATRICIA J. EG--~,, ~is wife. '- -,.~{t~ HENNEFIN COUNTY STATE OF MINNESOTA) ) COUNTY OF I-IENNEPIN)  ng instrument was acknowledged before me this ~l-~ay of C~ ,1978, by G~.~D ~.. ~.ai~ I STATE OF MINNESOTA) ) COUNTY OF I-1]~NNEPIN) T~he f}{regoing instrument was acknowledged before me this .~/~day of (~ ~ , 1978, by E,J. Kocourek& Gerald L. I/gan, Ass'~. .qecret:ar~ President of EGAN & SONS CO., a corporation under the laws of ~he State of Minnesota, on behalf of the corporation. -3- STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) The~oregoing instrument was ae~knowledged, before mA t~is ~l~ay Of (~3 ~ , 19'/'8 by ~- o-~-~(~ '"~, - %,_)_13~,~ President of FIDELITY BANK AND TRUST COMPANY, a corporation under the laws of the State of Minnesota, on behalf of the eo~poration. THIS INSTRUMENT DRAFTED BY: CORRICK & WOOD, CHARTERED 3811 West Broadway Robbinsdale, Minnesota 55422 -4- ~tate ~f :fl~linne~ata, ~l'he fore~oir~ instrume?~f was acknowledged before rn e ~,~,.....J...3..~ of ... ~.~..~.~.~..~ .......................... ~.....~ rem~'~'~eo · ~ . ~~X i (SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT) ................. ~..o.~ ......... ~.,~¼1= .................................................. THIS INSTRUMENT WAS DRAFTED BY / (TITLE OR RAN[() COrZ'"icA & Wood, Cl'~._--'tered (Name) 3811 W. Broadway Rob~nsd~e, Minnesota g~T) Do~a M. Eg~, ~vorced ~d n~ removed of t~ County of ................ He~ep~......<.:~ ......... ;..:. ........... ?~ 8ta~ of.:---7.-.-.~nes~ ................................................. , ~.......~. of ~ ~rg ~, a~ .............. ~z~...oL~.e~..Kope.,~a.m~.m..anrpor~n ............................................ ~~ ~ ~ Mw, of ~ ~ o~. ............. M-i~e~ta ....................................... , ~ of ~ ~ pam, ~i~tZ~tl~, ~ ~ s~ p~.......~., of ~ ~r~ pa~, i~ ~r~ of t~ ~ of ..Dne.Doll~..~..O~...Go~..~d..~uable. C~siderafion ........................................ ~~ ~reb~ ~k~w~, &....es.- ~r~by ~ra~t, B~r~i~, O~im, ~ Co~veF ~ ~ ~ p~ of A perm~ent e~ement for ~e foHow~g described prope~: The No~h 10 feet of ~e South 50 feet of the E~t 283 feet of ~e South 533 feet of ~e Southe~t 1/4 of the Sou~west 1/4 of Section 20, Township 118, R~ge 21, Hennepin Co~, Mi~esota . TMs easement ~ intended to replace Perm~ent Const~cfion E~ement for Lo, siva Avenue Street ~d Storm Sewer Imp~vement No. 286, dated J~y 28, 1977, ~d ~ wi~ ~e Coun~ Recorder of Hennepin Count, Minnesota, ~ Doc~ent No, 4408021, on September 1, 1978, which er~neously referred to ~e pem~ent e~ement ~ ~ being ~e No~h 533 feet of ~e Sourest 1/4 of ~e Sou~west 1/4 of Section 20, Town- sMp 118, R~ge 21, Hennepin Co~, ~nnesota, ~d it is ~e intention of the gr~tor ~d ~e ~tee ~at the e~ement grated in D~ument No. 4408021 be ~d herebyis rele~ed. State Deed Tax due hereon: None. ~ ~.f~alae an~ lo ~f~o[~ ~£ ~alne, -To~ether wLtk ~ll ~ ~r~gta~ents a~ app~rte~s ~re- ~nto beMn~in~ or ~ an~e appertaining, ~o the sai~ p~r~y of ~he se~n~ p~r~, i~s s~ee~sors a~ ~s~ns, Forever. ha~. .. il~e day a~ ]tear firsi above written. Donna M. Egan, divorced and not ...... ~-~.f/i~/~i ~/i ....................................................... ~ ........................... Extract of Minutes of Meeting of the City Council of the City of New Hope, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of New Hope, Minnesota, was duly held at the City Hall in said City on Tuesday, the 26th day of December, 1978, at 7:25 _ o'clock P.M. The following Councilmen were present: Erick$on, Enck, Hokr, Otten, Plufka~ and the following were absent: None. Councilman Plufka introduced and read the following written resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY COMMUNITY CONSTRUCTORS, INC. UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilman 0tten , and upon vote being taken thereon the following voted in favor thereof: ~rickson, F~nck, Hokr, Otten, Plufka; and the following voted against the same: None. whereupon said resolution was decalred duly passed and adopted. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY COMMUNITY CONSTRUCTORS, INC. UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT Resolved by the City Council of the City of New Hope, Minnesota, as follows: 1. There has been presented to this Council a petition by Community Constructors, Inc., a corporation (the "Company"), that the City undertake a project pursuant to the Minnesota Municipal Industrial Development Act (Minnesota Statutes, Chapter 474), to provide financing for the construction of a neighborhood shopping center at 43rd Avenue North and Winnetka Avenue, together with any site improvements required in relation thereto (herein- after called the "Project"). Under the proposal, the Project will be owned by the Company and leased to various tenants. The Company will enter into a loan agreement with the City upon such terms and conditions as are necessary to produce income and revenues sufficient to pay, when due, the principal of and inter- est on up to approximately $3,500,000 Industrial Development Revenue Bonds of the City to be issued pursuant to said Chapter 474, Minnesota Statutes, to provide monies for the Project, and the City will pledge its interest in the loan agreement to secure the bonds. This transaction shall be in the form of a "tax exempt mortgage" and, as used herein, the term "bonds" shall refe~ to a single bond or note secured by a mortgage on the Project issued to an institutional investor. 2. It is hereby found, determined and declared that 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, agriculture and commerce so as to prevent, so far as possible, the emergence 0f blighted and marginal lands and areas of chronic unemployment; the retention and development of industry to use the available resources of the community in order to retain the benefit of its existing investment in educational and public service facilities, by 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; and the more intensive development of land avail- able in the area to provide a more adequate tax base to finance the cost of governmental services in the City, County and School District where the Project is located. 3. The Project is hereby given preliminary approval by the City subject to approval of the Project by the Commissioner of Securities and subject to final approval by this Council and by the purchasers of any bonds to be issued and as to the ultimate details of the Project and the bonds. 4. In accordance with Section 474.01, Subd. 7a, Minnesota Statutes, the Mayor, the City Manager, the City Clerk, and such other officers and members of the City as may from time to time be designated are hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities and request his approval thereof, and the Mayor, the City Manager, the City Clerk, and other officers, employees and agents of the City are hereby authorized to provide the Commis- sioner with such p~eliminary information as he may require. The Company, Messrs. Faegre & Benson as bond counsel, the City Attorney, and other City officials are also authorized to initiate the preparation of a proposed loan agreement and such other documents as may be necessary or appropriate to the Project so that, when and if the proposed Project is approved by the Commissioner and this Council gives its final approval thereto, the Project may be carried forward expeditiously. 5. The Company has agreed to pay any and all costs incurred by the City in connection with the Project, including fiscal consultant and legal expenses, whether or not the Project is approved by the Commissioner and whether or not the Project is carried to completion. 6. The Company is hereby authorized to enter into such contracts, in its own name and not as agent for the City, as may be necessary for the acquisition and construction of the Project by any means available to it and in the manner it determines without advertisement for bids as may be required for the acqui- sition or construction of other municipal facilities, but the City shall not be liable on any such contracts. Adopted this 26th day of December, 1978. ATTEST:~ /.Mayor ~ Cj~rk~Treasurer -3- STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) I, the undersigned, being the duly qualified and acting City Clerk of the City of New Hope, Minnesota, do hereby certify that the attached extract of minutes of a regular meeting of the City Council of the City held December 26 , 1978, is a full, true and correct transcript therefrom insofar as the same relates to the $3,500,000' in approximate principal amount of Industrial Development Revenue Bonds of the City. WITNESS My hand officially and seal officially as said City Clerk this 5rd day of January, 197.9. city~rk (Seal) -4- Councilperson 3.'0tten introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUS- TRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREP- ARATION OF NECESSARY DOCUMENTS (LIBERTY SHAMROCK) BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: 1. 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 encouraged local government::units to act to prevent such economic deterioration. 1.2. This Council has been advised' by a representa- tive of Liberty Shamrock, Incorporated (the Corporation), that the principal shareholders of the Corporation plan to form a partnership (the Pa-rtnership} and that the Partnership plans to acquire land located at 5600 North County Road 18 and an existing building located on such land, now substantially vacant and presently owned by Minnesota Fabrics. The Partner- ship intends to use the land and existing building as a ware- house and office facility (the Project), which Project will be leased by the Partnership to the Corporation. 1.3. The existence of the Project within the City would encourage the location of a revenue producing enterprise within the City, and would provide opportunities for employment for residents of the City'and surrounding area% 1.4. The City has been advised by a representative of the Corporation that conventional, 'commercial financing to pay the capital cost of the Project is available on a limited basis and at such high costs of borrowing that the economic feasibility of undertaking the Project would be significantly reduced, but that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible. The Corporation has represented to the City that such municipal financing will constitute an inducement to the Corporation to undertake the Project within the City. 1.41~ ~e term "revenue bonds" as ~ed in this reso- · lution is limited ~o a tax exempt note and mo~ggage. 1.5. This Council has also been advised by a repre- sentative of Miller & Schroeder Municipals, Inc., of Minneapolis, Minnesota (the Agent), investment bankers and dealers in municipal bonds, that it intends to act as agent in the placement of the revenue bonds of the City. 1.6. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance capital~ projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Corporation and Partnership, and the issuance of such bonds by the City would be a substantial inducement to the'Corporation to undertake 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 its revenue bonds under the provisions of Chapter 474 to finance the Project of the Partnership at a cost presently estimated to be approximately $2,300,000. 3. The Project above referred'to is hereby given preliminary approval by the City and the issuance of bonds for such purpose and in such amount approved in principal, subject to approval of the Project by the Commissioner of Securities and to the mutual agreement of this body, the Partnership and the Agent as to the details of the bond'~i~sue~ and provisions for their payment, and specifically reserving to the Council the right to withdraw from the entire Project, without obligation, if the Council determines that in its judgment the proposed financing is not feasible and/or not in the best interests of the City. 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 the bonds, when, as,-.and if issued, shall recite in substance that the bonds, including the interest thereon, are 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 relating to the issuance of revenue bonds of the City to finance the cost of the Project is hereby approved and the Mayor and City Manager are hereby authorized and directed to execute the Memorandum of Agreement in behalf of the City. 5. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7, the City Manager is hereby authorized and directed to submit the~,proposal for the Project to the Commissioner of Securities for his approval of the Project. The Mayor, City Manager, City Clerk-Treasurer, 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 Ci~ Attorney is authorized to initiate and assist in the preparation of s~ch doc~ents as may be appropriate to the Project. ~ ~ , Mayor Attest: -~-\ / - , City Clerk-Treasurer The motion for the adoption of the foregoing resol- ution was seconded by Councilperson Plufkaand upon vo~e being taken thereon, the following voted in favor thereof: EricksOn, Enck, 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 Ci~ Clerk- Treasurer. MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, dated as of December 26 , 1978, between the City of New Hope, Minnesota,s(the "City"), and as a ~epresentative of the partnership to be formed consisting of the principal shareholders of Liberty Shamrock, Incorporated (the "Partnership¥), 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 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 Partnership 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 land and an existing building to be used as an office and warehouse facility (the "Project"), more fully described in Exhibit A, and.that th~_.~ty and the Partnership enter into a lease, sa~.o~_ _ loan agreement or similar agreement satisfying the requirements of the Act (the "Revenue Agreement"). (c) The Partnership wishes to obtain satisfactory assurances from the City that the proceeds of the sale of the revenue 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 how or hereafter be conferred by the Act, will issue and sell its revenue bonds in an amount not exceeding $2,300,000 (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. (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 revenues derived from amounts payable to the City by the Partnership pursuant to the provisions of the Revenue Agreement..~ .- :"0~ 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) That it will authorize th~ issuance and sale 'of the Bonds, pursuant to the terms of the Act as then in force, subject, however, tO'.the provisions and qqalifications expressed in paragraphs l(d) and 4(a). (b) That, if it issues and sells the Bonds, it will, as requested by the Partnership, enter into the ReVenue Agreement with the Partnership. The lease rentals, installment sale payments, loan payments or other amounts payable under the Revenue Agreement will be sufficient to pay tke principal of 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 Partnership. The Partnership agrees as follows: (a) That it has made arrangements with Miller & Schroeder Municipals, Inc. to act as agent (the "Agent") in the placement of the Bonds. (b) That contemporaneously with the delivery of the Bonds the Partnership will enter into the Revenue Agreement with the' City under the terms of which the Partnership will provide security ~o the City for payment of sums s~fficient 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) At such time as the Bonds are~.~.sold and delivered to the Agent, the Partnership will reimburse the City for all reasonable and necessary expenses, including fees and expenses, including but not ~imited to legal counsel and bond consultants, incurred 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 Partnership 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 mutuall~ satisfactorY to the City and the Partnership), the City and {he Partnership shall have agreed to'mutually acceptable 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 Partner- ship agrees that it will reimburse the City for all reasonable and necessary expenses which the City may incur at.the'Partner- ship,ts request arising from the execution of this Agreement and the performance by the Cit~y of its obligations'hereunder, specifically including reasonable fees of the bond consultants for the City, legal and other consultive services, and this Agreement shall, upon payment of said fees, terminate. (c) It is the understanding and agreement of the parties that in all instances where the term "revenue bonds or bonds" is used, the ogligations referred t'o consist of a tax exempt mortgage and note. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunto duly authorized this. 26th day of December , 1978. CITY OF NEW HOPE, MINNESOTA / ~J , Mayor Attest: ~ ,~ ~ v '" , City Manager By ,.As representa- tive of the Partnership referred to herein. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR STORM SEWER IMPROVEMENT NO. 326 (OLD DUTCH) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Plans and specifications of proposed Storm Sewer Improvement No. 326 of the City, heretofore prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers, have this day been presented to the Council and such plans and specifications are hereby approved, and a copy thereof shall be placed on file in the office of the City Clerk-Treasurer. 2. The City Clerk-Treasurer and the Engineers 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 of said proposed improvement, said advertisement for bids to be in substantially the form attached hereto and made a part hereof. Adopted by the Council this 26th day of December, 1978. Ed~/J. Erickson, Mayor Attest: ~ ~B'e.t~yv Pouliot, Clerk-Treasurer (Seal) RESOLUTI ON ESTAbLISHIi~G ACCRUED EHPLOYEE LEAVE FUND WHEREAS, Vacation, holiday and sick leave compensatory time is accrued during the year, and WHEREAS, this time should be charged to current operating expense as it is accrued, and WHEREAS, a separate fund should be established to receive monies for charges made to various funds for accrued vacations, holidays and sick leave, and WHEREAS, this separate fund should be charged for vacation, holi- days and sick leave time taken, and WHEREAS, this fund should be initially funded to provide monies to cover existing accrued vacation and holidays and 40% of accrued sick leave based on 1979 wage rates, and WHEREAS, this fund should be adjusted on an end of the year basis, to reflect salary increases for the coming year, NOW, THEREFORE, 6E IT RESOLVED, by the City Council of the City of New Hope that an Employee Leave Fund be established to account for accrued vacation, holiday and sick leave com- pensation time, as earned and to charge this fund for vacation, holiday and sick leave time as taken, and BE IT FURTHER RESOLVED that this fund be initially funded by a transfer of $146,O46 from General Fund Surplus for 100% of accrued vacation and holidays as of December 31, 1978 and 40% of accrued sick leave (not to exceed 288 hours) as of December 31, 1978 based on actual or estimated 1979 wage rates. Adopted this 26th day of December, 1978, S, n ATTEST~ .-" ~l~ayor 'Ci ty~x~ 1 erk-Treasurer A RESOLUTION AMEi~D A RESOLUTION REGARDING ADJUSTME~TS li~ PENSION PLAN FOR VOLUNTEER FIRE PERSONNEL WHEREAS, the City Council of the City of New Hope, has received from the Relief Association of the Volunteer Fire De- partment of said City, a proposal for a change in the volunteer's pension program, and WHEREAS, an actuarial valuation of the proposed pension plan has been completed and presented to this Council and the Relief Association on November 27, 1978 by Hewitt Asso- ciates, for a plan that would over a four year period (1979-1982), essentially double the 1978 and prior year's benefits, (copy attached), and WHEREAS, this study indicates the proposed pension plan is actu- arily sound, NOW, THEREFORE, BE IT RESOLVED by said City Council that the pro- posed pension plan for the New Hope Fire Department Relief Association, as presented on November 27, 1978, is hereby adopted by this Council, subject to inclusion in, and suc~ cessful passage of appropriate state legislation to effect said pension, and BE IT FURTHER RESOLVED that said legislation shall include, if necessary, a provision providing that the benefits Chief William A. Reimer is entitled to under current legisla- tion shall be continued at no less than existing levels. Said benefits to cover Chief Reimer's service with the volunteer fire department before his appointment as a full- time paid employee of the department. The City Clerk is hereby authorized and directed to provide certi- fied copies of this resolution, as needed, to those persons or parties requiring copies in order to proceed with securement of the necessary legislation. Adopted by the City Council of the City of New Hope, this 26th day of December, 1978. ATTEST: '~~rer