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1977 RES & ORD RESOLUTION ORDERING CONSTRUCTION OF STREET AND STORM SEWER IMPROVEMENT NO. 286 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS. LA. AVE. (27TH AVE. TO 32ND AVE.) 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 January, 1977, at 7:00 P .M. at the City Hall, 4401 Xylon Avenue North in said City, on pro- posed Street and Storm Sewer Improvement No. 286 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 30th day of December, 1976 and the 6th day of January, 1977. 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 interestered 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. The City staff is directed to negotiate with the City of Crystal a joint and cooperative agreement for the construction of said improvement, and to submit the same to this Council for ~approval. 6. Boonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, are directed to review any and all plans and specifications as deemed necessary to protect the interest of the City. Adopted by the City Council this 10th day of January, 1977. / E~d J. Erickson, Mayor Bet~y'P~liot, Clerk-Treasurer (Seal) ORDINANCE NO. 77- ] AN ORDINANCE AMENDING THE ZONING SECTION OF THE CITY CODE BY ADDING SECTION 4.109 (2) FURTHER DEFI}{ING TOWNHOUSE DISTRICT BOUNDARIES City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. The City Code is hereby amended by the addition of the following Section 4.109 (2): 4.109 Extent of Townhouse (TR) Residence Districts. (2) The West 118.97 feet of the South 292.5 feet of that part of the West 1/2 of the Northeast 1/4 of the Southeast 1/4 lying East of the West 210 feet of Section 6, Township 118, Range 21. 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 /~ day of January, 1977. Attest:~~ 'Be'~ouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ~ =~ day of ~/~/.~r ~ , 1977. ) / ORDINANCE NO. 77-'2 AN ORDINANCE ADDING SECTION 9.03 (f)' TO THE CITY CODE RELATING TO OPERATION OF SELF-SERVICE GASOLINE STATIONS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section l: Section 9.03 of the City Code is hereby amended by adding the following Section (f): (f) Section 1§.704 is amended by substituting the following: Self-Serv~ce Stations. (1) APproval Required. No person shall construct, operate, dispense or modify any self-service gasoline dispensers in the City without .having obtained the approval of the Fire Prevention Bureau as detailed below. (2) Submission of Plans. Plans for self-service gasoline dispensers shall be submitted, in duplicate,, to the Fire Prevention Bureau for review and approval. All plans shall be reviewed for compliance with the State Fire Code provisions relating to self-service stations for determination that all attendant controlled stations are so located as to give attendants a clear and unobstructed view of all dispensing devices. (3) Mixed Service Stations. In locations having both self-service and full-service islands, only the islands nearest or adjacent to the attendants' control stations may be used for self-service operations, except that approval shall be given where it reasonably appears that attendants have a clear and unobstructed view of any self-service devices. (4) Existing. Self-Service Stations. a) Any gasoline station currently operating self-service dispensing devices shall make application as provided in Section (2). above, within 30 days of the effective date of this ordinance. b) All gasoline stations using both self-service and full- service islands shall be in compliance with the above provisions within 12 months of the effective date of this amended ordinance. Section 2. This ordinance shall be effective from and after its passage and publication. Passed ~ the Ci~ Council of the City of New Hope this lOth day of Janua~, 1977. j~son,~Mayor Attest: Be~~ot,-City Clerk-Treasurer (Published in the. New Hope-Plymouth Post the 20th day of January , 1977.) ORDINANCE NO. 77-3 AN ORDINANCE AMENDING SECTION 11.28 OF THE CITY CODE RELATING TO PARKING FOR THE PHYSICALLY HANDICAPPED. City of New Hope, Minnesota The City coUncil of the City of New Hope does ordain as follows: Section 1. Section 11.28, Parkinq For The Handicapped, is amended by adding the following: Subd. (3) Type of Sign Required. Any sign or identification posted pursuant to Section 5502 of the State Building Code must be permanently affixed to the building served by the parking spaces so as to afford a clear and unobstructed view to any person using the designated parking spaces or, in the alternative, shall be mounted or placed at the head of the required parking spaces in such a manner as to prevent any movement or removal without considerable human effort. Such sign shall be approved by the Minnesota State Traffic Control Division, containing a blue background with white letters indicating that a state handicapped parking permit is re- quired, and shall be at least 18 by 12 inches in size. Section 2. The ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the 10th day of January , 1977. //~~w~~~kiO~ o r B~tty~o~l iot, City C1 erk-Treasurer (Published in the New Hope Plymouth Post the 20th day of January., 1977.) RESOLUTION APPOINTING COMMISSIONER AND ALTERNATE COMMISSIONER TO REPRESENT THE CITY OF NEW HOPE ON THE BOARD OF BASSETT'S CREEK FLOOD CONTROL COMMISSION WHEREAS, the City of New Hope is a member of the BassettVs Creek Flood Control Commission, and WHEREAS, the "Joint and Cooperative Agreement" establishing said Commission provides that each member municipality shall be entitled to appoint one Commissioner to serve on the Board of said Commission, and WHEREAS, by resolution adopted on February 8, 1971 by the Coun- cil of the City of New Hope determining it necessary and expedient to appoint an alternate Commissioner to serve and vote in lieu of the duly appointed Commissioner if the Commissioner is not present at the Board meetings, NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of New Hope does hereby appoint Co,Jncilm~n W. Peter Enck to serve as it's Commissioner, and Mr~ Don Murphy as it's Alternate Commissioner, on the Bassett's Creek Flood Control Commis- sion with terms expiring on February I, 1980. The City Clerk-Treasurer is hereby directed to file with the Secret~ry of the Board of Commissioners of the Bassett's Creek Flood Control Commission a certified copy of this resolution to serve as a record of the appointment of the New Hope Commissioner and Alternate. Adopted by the New Hope City Council on this lOth day of January, 977. __..~.' 'Edward-Er i ckson, ~ayo¢ ATTEST:~~.~~ Be~-~Y P~uliot, Clerk-Treasurer A RESOLUTION IN REGARD TO THE ACCEPTANCE OF A LABOR // CONTRACT WITH LOCAL 49 FOR 1977 /'-,ND 1978 WHEREAS~ according to reports published and distributed by various medlap the Membership of Local 49, including the members who are em- ployees of the City of New Hope, has accepted a mediator's pro-'. posal for the set'~lement of'a strike and the establishment of labor contract for the calendar years 1977 and 1978, and WHEREAS, it is to the benefit of both the City and the employees to have agreement reached as soon as possible, add WHEREAS, the City of New Hope has not had the opportunity to discuss the proposed settlement with the MAMA .Negotiating Committee and its ~-- advisors, and WHEREAS, the City Manager has expressed strong concern over the reasonable- ness of the settlement and the justification for the mediator's proposal without being granted the opportunity to express these concerns to MAMA, and WHEREAS, The City Council of the City of New Hope has serious reservations in regard to the entire concept of joint negotiations as they have been conducted the past two years, and WHEREAS, it is the strong feeling of the New Hope City Council that joint negotiations can be a viable method of handling the labor nego- tiations in the Twin City area only if all units of government are considered to be equal~ and the municipal representatives of each unit treated as full partners, and WHEREAS, only the desire to provide a rapid solution to the current labor dispute in order that.the employees, not be adversely affected dictates action at this time, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, Minnesota that the City Manager, Harlyn Larson, is hereby autho- rized to accept the proposed settlement on behalf of the City Council and that Mayor Erickson is authorized to execute the final contract when presented, providing the agreement is based on the provisions outlined below: A. There will be an across the board increase of 40¢ per hour in both .1977 and 1978. The 1977 increase to begin when the employees are recalled to work. The 1978 in- crease to be effective at the start of the first full pay period in 1978. B. Beginning February I, 1977 and continuing to the end of the contract the City shall pay a maximum of $60.00 per month toward HH & L insurance. C. The pay range shall be based on employees receiving 90% of top pay during the first year of employment, 95% the second year and 100% in the third and future years. D. The duration of the contract to be from the date of rati- fication to January of 1979. BE IT FURTHER RESOLVED that the New Hope City Council is extremely upset when required to act on less than complete information and do hereby re- quest that the Joint Negotiation process be reviewed in depth to determine if it is the current structure, lack of professional competance on the part of the paid advisor to the negotiating team,or if the current New Hope Manager is at fault,when complete information is not provided to the City of New Hope. Adopted this 24th day of January 1977. ATTEST: ~-~Si~/Clerk-Treasurer RESOLUTION APPO NTING CITY ENGINEER ?OR WATER AND SEWER PROJECTS BE IT RESOLVED~ that the firm of Orr-Schelen-Mayeron is hereby designated to serve as the City Engineers for water and sanitary sewer projects for the City of New Hope, Minnesota for the year 1977~ and That said firm shall be reimbursed for services ren- dered in accord with the fee schedule adopted in agreement for engineering services on January I0, 1968. Adopted by the Council this lOth day of January, 1977. ,/"~ Ed~a~ ~iO~s~n, Mayor ATTEST: ~ ~C~?~' ~etty~uii~t, ~lerk-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 it's meeting on January I0, 1977 as the same is recorded in the minutes of the meeting of such Council for said date, on fi le and of record in my office. Dated this lOth day of January, 1977. ~et~y ~uliot, Clerk-Treasurer sea RESOLUT ON 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 as the City Engineer for streets, storm sewers and general work for the City of New Hope, Minnesota, during the year 1977, and BE IT FURTHER RESOLVED that payment for services shall be as set forth in the contract dated January I, 1974 and Schedule B transmitted to the City on March 8, 1976. Adopted by the Council on this IOth day of January, 1977. .... ....-~dwa~l~ Er icks~n", Mayo~ ATTEST: ~j4~~ ~e~y~~ iot, C lerk-T'rea'S"~rer CORPORATE AUTHORIZATION RESOLUTION DESIGNATING NEW HOPE STATE BANK AS DEPOSITORY FOR PAYROLL ACCOUNT AND GENERAL FUNDS OF THE CITY OF NEW HOPE BE IT RESOLVED~ that the New Hope State Bank is hereby designated as the depository for the City Payroll and General Fund Accounts, effective January I, 1977. BE IT RE'SOLVED~ 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 otherw~[se, to endorse or cause to be endorsed,to negotiate or cause to be negotiated, or to deposit or cause to be deposited in such account or accounts any money, checks, drafts orders, notes or other instruments payable to or held by this corporation; and BE IT RESOLVED, that checks~ drafts or other withdrawal orders on funds deposited in such account or accounts may be signed by any three of the following: Edward J. Erickson, Mayor or 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 his individual account or bene- fit, and that signatures of the aforementioned officers or persons shall be ~~~.. , Mayor or  /~ , Acting Mayor: ~ plus -i~' .... , Finance Director ...... , City Treasurer Deputy Treasurer BE IT FURTHER RESOLVED, th~at 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. Adopted by the City Council this lOth day of January, 1977. ~~k'Treasu re'r RESOLUTION DESIGNATING ADDITIONAL DEPOSITORIES FOR FUNDS OF THE CITY OF NEW HOPE PERTAINING TO INVESTMENTS BE IT RESOLVED, that the following named financial institu- tions 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 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 lOth day of January 1977. ~ ~r~k_Trea su re r 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 reso- lution 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 Counci this lOth day of January, 1977. ATTEST ~ E~et~/ Pouliot, Clerk-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 Enck is hereby designated as the Council representative on the City of New Hope Civil Defense Board for the year 1977. Adopted by the Council this lOth day of January, 1977. ATTEST:~~~. ~ ~~ul io~ C ierk-~qe~surer 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 it's meeting on January lOth, 1977 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 Oth day of January, 1977. ~-~l~t~ Pouliot, Clerk-Treasurer sea I 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 1977. Adopted by the Council this lOth day of January, 1977. /,,,,,~ Edwar~ Erickson, Mayor 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 it's meeting on January lOth, 1977 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 lOth day of January, 1977. y Pouliot, Clerk-Treasurer seal 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 £nck is hereby designated as Director of the Suburban Sanitary Disposal Authority and Councilperson Hokm is hereby designated to serve as Alternate Director of the Suburban Sanitary Disposal Authority for the year 1977 and until their successors are appointed. Adopted by the Council this lOth day of January, 1977. 'Edw~r~~ick$on, Mayor ATTEST: ~-~t~///~o~liot, Cler2-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 lOth, 1977, 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 th.is lOth day of January, 1977. ~rk-Treasurer seal 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 1977, 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 Oth day of January, 1977. ....... ,'~' Edward ~x/E~ickson, Mayor ATTEST: ~ ~-- '~ ~P', 'etf~Xfouliot~ 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 it's meeting on January I0, 1977, 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 lOth day of January, 1977. - · ~xx Betty. sea /? RESOLUTION REAPPROPRIAT NG AND ADJUSTING THE 1976 OPERATING BUDGET WHEREAS, the City of New Hope's operating needs resulted in some ex- penditures in excess of, or less than, the amounts origi- nally appropriated for 1976 General Fund activities, and WHEREAS, there is a need for the City Council to formally recognize these charges, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, that the General Fund expenditure budget, shown below, includes departmental budgets both under and over appropria- tions and requires adjusting, the City Manager is hereby authorized and directed to use funds from the accounts with surplus to cover those with deficits. Budget Appro- Expend itures priations to Date for Year Balance Mayor and Council $17,045.00 $ 14,716.18 $ 2,328.82 City Manager 58,850.00 54,024.29 4,825.71 Courts 27,000.00 23,921 .60 3,078.40 Elections 15,640.00 11,655.19 3,984.81 Municipal Clerk 67,012.00 61,746.84 5,265. 16 Accounting 42,244.00 40,219.74 2,024.26 Civil Service 4,710.00 5,549.74 (839.74) Advisory Commissions 815.00 178.66 636.34 Planning Commission 1,745.00 , 2,059.60 (314.60) Municipal Building 39,242 O0 38,215.07 1,026.93 Police 590,866 O0 541,108.39 49,757.61 Fire 77,487 O0 75,970.01 1,516 99 Protective Inspections 73,257 O0 68,299.62 4,957 38 Civil Defense 8,529 O0 5,199.80 3,329 20 Animal Control 20,017 O0 15,836.82 4,180 18 Snow and Ice 24,896 O0 20,320.98 4,575.02 Streets 186,116.00 172,435.44 13,680 56 _ Traffic Signs/Signals 13,200.00 17,248.04 (4,048 04) Storm Sewer 27,414.00 27,590.93 (176 93) Weed Eradication 2,505.00 '935.38 1,569 62 Recreation 149,118.00 137,461.83 11,656 17 Parks 224,313.00 224,162.74 150 26 Other Functions _131,563.00 149,507.79 (17~944,79) $1,8.03.~5.84.00 $1,708~364.6..8 .... $ 95~219.32 Adopted this 24th day of January 1977. '(mC%~i~l~v/C i e-r k-Tr'ea's u re'r A RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF NEW HOPE, MINNESOTA GRANT APRLICATION 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 assis- tance and authorizes submission of said application to Hennepin County as the Urban County Community Development Block Grant applicant. Adopted by the City Council of the City of New Hope, Minnesota at a regular meeting held ~January 24, 1977. j ~Ma yor ATTEST:~~ ~ b~j~ k~.Trea s u re r ' OMD .a. pOravel No. 29--ROt~ FEDERAL ASSISTANCE z AP,U-CANT. S I1' ,Ul~[, RPPUC~*' STATE 1. 1, ~PE APPLI- b. DA~ IDEN~* b. DA~ ~ ~t~ OF ~ PR~PPLI~TION - ~e~ ~a~ ~ FlEA A~ION ~ ~PLI~TION ~ON ]g ~SIGNED ~'~ar~ a~ ~ HOTIFI~TION OF I~T (OpL) ~ ~L APPLI~NT/RECiPIENT ~ F~L EMPLOYER ID~T~I~TION NO. ~. ~a~ ~m : C ~ ~y of New Hope b. O~.nl~tl~ Unit : C i ~y .s~e.o.~ : 440' Xylon Avenue North P.O- .....-. II 1'1 I I I t ci~ New Hgpe, ~ ~' :Hennep i n ~ b. (rr~ ~. ~t, Minnesota m zm~ 55428 r~a ~ ~ e~, ~ Harlyn G. Larson 613-533-1521 C~) 7. TITL~ ~D DE$~RI~ION OF ~PLI~N~S PRO~ ~. ~P~ OF APPLI~NTIRECIPIENT ~t$ ~muni~ ~i0n ~lnten~t$ I- Hi~her E~u~tional IMtituU~ ~Su~te ~ In~ian Tribe O~u~ E-Ci~ 9. ~PE OF ~te ~etter(s) l~ ~ OF PROJECT IMPA~ (Name al ~, ~ng~e, t II, ESTIMATED HUM- 12, ~PE OF APPLICATION ~g~, ~c.) ~ BER OF PERSON~ ~N~ ~R~isi~ ' S~ITING ~en~l ~ntinua~oa C i ~y of N~w Hope, M i nn~so~ 2S ~ ~p~o~t~ ~ 13. PROP(~SED FUNDING 14, CONGRESSIONAL DISTRICTS OF:' 15. ~PE OF CHANGE (~or ~z¢ ~ ' --~ t Th i rd Th i rd ~l.cr~s* ~e~e~sa Ou~ti~ ~ STAT~ .0~ ~ ~ PROJECT START ~ 17, PROJE~ ~ DATE ~g~r~ ~ SUCTION ~t~ ~ppr~ ! I9 M~t~ ~te ~tt~(~) e. 0~[R .00 [ 1~ ESTIMATED DATE TO Y~r ~A ~v 19. ~iSTING FEDEP~L ID~TIFICATION HUMBER ~E SUSMI~/D TO f. ~ 176,097.38 .~ FED~L AGENCY ~ 19 ~ F~L AGENCY TO REC~V~ REQUEST (ff~. City. ~. ZIP ~) 21. REMAR~ AODED ~ Yes ~ No ~. To the ~ ~ ~ ~o~gs ~nd ~lid, ~ If r~uir~ ~ 0M~ Ci~lar ~95 t~is aopli~tion was submitted, aunuant to in. 2~o-e- APPLIC~T duly auth~iz~ ~ ~t g~mini ~ d[ ~ CERTIFIES ~e a~li~nt ~d ~e a~ti~nt will ~pllI THAT~ I / ~- a. ~P~ ~E ~tO Tl~ J b?~ & ~/ ~ DATE ca~.i,a Harlyn G. Larson, City Managerl//] / /} ~'" Y"' '~" RECEIVED 19 2~ OR~NI~TIO~ UNIT ~ 27. ADMINIST~TIVE OFFIC~ 2~ FEDE~L APPLICATION ~ IDENTIFI~TION . ~. ~DDR~ I0. FEDE~L GRANT ' ID~TIFI~TION STARTINQ ~ a. AW~ a. FEDE~ .00 ~. ACTION DATE: ~ 19 DATE ~ b. ~[~ b. IPAI~T .~ 3~ CONTACT FOR ADDITgONAL I~FORMA- ~ y~p ~ llO~ (~ o~ ~ ~umber) ENDING ~ ~ ~qED FOR c. STA~ .~ DATE ~M~ d. L0~L ,~ 37. R~AR~ ADD~ 3~ ~. la ~kin8 e~ action, any ~m~ r~oi~ from d~rlnehe~ w~ con- ] b. F~DER~ AGENCY ~95 FEDE~L AG~CY it ~s ~n m is ~ing m~ ~95 ACTION .424~01 . ~.,,,,~ .... ,.~ ..~. L-.~.~-,..,.~::..L~;...L,~:.....~:.~..,t~,, '..'; 7,'..:~:~ .... M . .. ~D~RD FO~M 424 PAGE I ....... COMMUNITY DEVELOPMENT PLAN SUMMARY ETA TEMENT OF NEED~ ' i [] AMENDMENT O I TY OF NEW HOPE I PROGRAM YEAR (EnEEement,Appl~an~ Only} .~OM: 1977. TO: 1978: The City of New Hope has, as shown in the planning study the past two years, experienced a rapid growth which has now been completed. The City is beginning to feel the pressures of an aging population. A.two year planning/study effort is nearing completion. This effort has established the simple facts that the City is deficient in facilities for meeting the recreational'and social needs of the · elderly; does not provide a uniform program of neighborhood recreational facilities and lacks spec. iai facilities needed to provide space for youth training programs sponsored by th~ ~ity and civic groups and does not provide user space for partici- pation in special interest programs such as training in cultural, art and drama activities. 1975-76 Planni'ng Studies, Public Hearings, r~commendation of civic organizations New Hope, like most twin city area communities, has a vandalism problem in public open space areas. It has been demonstrated by limited use that adequate lighting of public areas such as parks is the single most effective method of reducing vandalism. While the City has made some efforts in providing minimum lighting security, it has not had the financial resources needed to install an adequate comprehensive secuFity lighting system throughout the park system. The need for such a program has been demonstrated by neighborhood acceptance of the limited programs now in effect, and reduced police calls. City Park Department, police records, requests of area citizens. D~ta ~urc~ Dutch Elm and Oak Wilt.diseases have hit the relatively few trees on New Hope public lands hard. Because of the very limited tree cover available it is neces- sary to replace these lost trees in order to maintain a minimum amount-.of_ shad.e and landscaping in City parks· In order to provide a very minimum amount.6f tree .. shade and trees for esthetics and landscape purposes these trees shobld be replaced. In order to obtain an immediate benefit and to increase the percentage for chance of growth a minimum of 4 inch trees are needed as replacements. Tree inspection records as to numbers, ~itizen and park department requests D.t. Sou,.~: for needs. CITY OF NEW HOPE I . [] AMENOMENT · PROGRAM YEAR (En~irlemen~ A~pl~an~ ~ly) ,heM= 1977 TO= :1978 (All Long Term Objectives are taken directly from goals and objectives as established in planning process carried out under i975/75'Community Development Grant). Community Facilities Policies: Parks and Open. Space 2) Within each recreatibn system classification, equalize capital improvements made to individual facilities (E.G. neighborhood parks) No: A-'] Community Facilities Policies: Parks and Open. Space 4) Design and maintain parks with proper lighting,-landscaping, shelter design, etc. to ensure'a high degree of public and property safety. ~l~O~t~ Need(si No: A-2 Community Facilities Policies: Parks an,d Open Space o 6) Ensure the provision of an appropriate balance between active passive and cultural recreational areas and activities, tailored to the need~ of the total population thrOughout the community. "~ Supcerts Ne~I(,I No: A- I HUD-7015.3(]I-75) Page 2 of 6 Pages COMMUNITY DEVELOPMENT PLAN SUMMARY fL ONG- TERM OBJEC TI VES) 1. NAME OF APPLICANT I 2. APPLICATION NUMBER 3. [~ ORINGINAL I [] AMENDMENT CITY OF NEW HOPE ' i 4. PROGRAM YEAR (Ent/rt~'lTJ~n¢ ,Appllcan~ FROM.' 1977 TO.' " 1978 Community Facilitie~s Policies= Parks and Ope,n.:Space 7) Provide recreational facilities and a year round program of activities " suited to the various recreational needs of all age groups within' the commun i ty · ~m~o~s No~i(s) No: A-I Community Facilities Policies: Parks and Open Space .. II). Location of both neighborhood and community sc~_le recrea:~'ional facilities within'safe and easy,~ccess of potential users. Suppor~ ~ Is) No: ' A-I Community Facilities Policies: Governmental Buildin.gs and Facilities 2) Ensure the full utilization of investments in public facilities and ' . . services prior to making new public nvestments. ' j HUD-701$.3 (11-75) Poge ~i Pages · , 6P0~1976-6~0-~6/ 8~8 3 6 ; COMMUNITY DEVELOPMENT PLAN SUMMARY (LOtVG-TERM OEJECT/VE$) 1. NAME OF APP[.ICANT I 2. APPLICATION NUMBER I 3. ~] ORINGINAL "I [ [] AMENDMENT CITY OF NEW HOPE· ' 4. PROGRAM YEAR (Eritl[/em~n~ ,App/ican~ (~n,f¥} FROM: 1977 To: '. 1978 Community Faciliti. e,s Policies: ¢- -' Governmental Buildings and Facilities 7) Adequately screen, landscape and buffer public facilities in order to minimize their impact on surrounding uses and enhanc~ ±he communi~ry and area in which ±hey are located. Al3 Need(si No: - f ~upports Need[s} No: : ~upports Need(z) No: . " j HUD-7015.3(II-75) Poge q of b "Poge* ~GP0~]976-6~-~6/ 8q8 COMMUNITY DEVELOPMENT PLAN SUM~ARY (SHORT-TERM OBJECTIVES) NAME OF APPLICANT 12' APPLICATION NUMBER 3. ~ ORIGiNAl. · ~ AMENDMENT I CITY OF NEW HOPE J4.PROGRAM YEAR I 3:. FROM: 1977 TO: ! 978" C'I. To convert the udfinished third- floor of the City's Ice Arena into a 2900 square foot multiTpurpose recreationaF spac.e in order .to.'.. I) Provide indoor space for neighborhood recreational activities that are now provided in other neighborhoods by the warming house/recreational buildings in the neighborhood parks. 2) Provide faci01ities and space for senior citizen activities. 3) Pr'ovide space for youth projects in self-help/learning activities sponsored and conducted by City civic groups. 4) Prov. ide space for learning activities in ~r~ and drama cultural activities. 5) Provide non-insti'tutional setting for work with specific problem groups such as through "Y" Detached Worker Program, drug and alcohol abuse control classes, etc. ~r4x~ ~) ~: A-I' C'2. To provide a security lighting system in all park facilities in order fo reduce vandal ism and protect public park/recreational facilities .so that public safety can be provided and public investment protected. s~=o~l~ll~: A-2 ; 3. To provide replacement.trees.on public lands to reforest those areas that have lost elm and oak trees due to disease. The replacement trees will re-establish tree cover for Shade and landscape purposes to ma ntain the useability and aesthetics of the public lands~ COMMUNITY DEVELOPMENT PLAN SUMMARY (SHORT. TERM 08JECTIVE$,I 1-NAME OF AP.LICANT ~TION NUMBER ~ORIGINA CITY OF NEW HOPE I ' PROORAM YEAR /En~i~o"nm~,,App/icavl~ C. 4. ~_ ~ROU.._ 1977 TO= 197~ TO provide 'roile±'and shelter facili±ies in nei§hborhood park in order to ;;rovide the users of the park w'il-h adequate facilities for persona needs and to enable the park to be fully utilized within the recreation pFo~Fam in a manne~ si. milaF to other parks in the City system. ~ I A,~[ ORIGINAL B. APPLICATION NO, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BUDGET [~] AMENDMENT C, NAME OF APPLICANT D. PROGRAM YEAR CITY OF NE~t HOPE "" FROM: 1977 TO: ::. 1978 ~ FOR HUO LINE NO. I~ E. PROGRAM ACTIVITY AMOUNT USE ONLY I, t ACQUISITION OF REAL PROPERTY - 2. I PUBLIC WORt(S, FACILITIES. SITE IMPROVEMENTS $ 165,400.00 3. tCODE ENFORCEMENT 4, I CLEARANCE,DEMOLITION, REHABILITATION 5. ! REHABILITATION LOANS AND GRANTS 6, I SPEC'IAL PROJECTS FOR ELDERLY AND HANDICAPPED 7. ' ! PAYMENTS FOR LOSS OF RENTAL INCOME S. I DISPOSITION OF REAL PROPERTY 9. iPROVtSION OF PUBLIC SERVICES 10. J PAYMENT OF NON-FEDERAL SHARES 11. (COMPLETION OF URBAN RENEWAL/NDP PROJECTS 12. RELOCATION PAYMENTS AND A~ISTANCE 13. jPLANNING AND MANAGEMENT DEVELOPMENT 14. ADMINISTRATION 15 . 10,697.35 15. CONTINUATION OF MODEL CITIES ACTIVITIES J . -- 15, SUBTOTAL [Sum of Linex l CONTINGENCIES AND/OR UNSPECIFIED LOCAL OPTION ACTIVITIES (Not rD exce..,d 10% of/in; TOTAL PROGRAM ACTIVITY COSTS F, RESOURCES FOR PROGRAM ACTIVITY COSTS ENTITLEMENT/DISCRETIONARY'AMOUNT FOR P~OGRAM ACTIVITIES PflO~RAM INCOM~ SURPLUS FROM URBAN RENEWA~NDP LOAN PROCEEDS REPROGflAMMED UNOBLIGATED FUNDS FROM PRIOR PROGRAM YEAR TOTA~ RESOURCES FOR PROGRAM ACTIVITY COS~ EDITION O~ 1~74 IS OBSOLETE HUD-70tS~ · E] AME~"qMENT DEPAt ENT OF HOUSING AND URBA'N DEVELOPMENT ENTITLEMENT APPLICANTS ONLY COMMUNITY DEVELOPMENT PROGRAM CI'I ~ OF NEW .HOPE. 4. PROGRAM YEAR: FROM: 1977 TO: ' CENSUS RELATED ES,TIMATED COST ($u00) .... RELATED TRACT/ ENVIRONMENTAL BLOCK-, GFIANT FUNDS OTHER FUNDS ;~ BUDGET .......... ACTI~i'T'~'~ ESC RIPTION SHORT- ENUMER- REVIEW LINE PROGRAM SUBSEQUEN'T TERM ATION STATUS ITEM TOTAL AMOUNT SOURCE OBJECTIVE DISTRICT YEAR YEAR - ( I,I [2) ($) (4J [5] (6) (7) (81 (9) !I 0,1 , Finish the third' level of the Ice C-I 215.03 Assessment 2 $86,000 .- $86,000 NA Arena office area as a multi-pur- .pos. e neighborhood..a.n.d ,qeneral.. (While the pro losed prcject is ocated In census t'ract recreation.al facility. 215.03 it wil .serve- as a neighborhood recreational fac'il ty for people Ii lng in 215.02 in New Hop~ and 203.C3 in the The City Ice Arena has a third City of Cryst I as well). level deck that is approximately ' 30 feet wide by 95 feet long.This .. space has a floor of unfinished .precast concrete slabs. The arena .is in a neigt~borhood now lacking indoor recreational facilities ~when compared to other neighbor- hood park areas. In addition, the ~City does not have a senior citi- . . zens facility, nor does it have space for special interest groups, '. such as a participation little . theater group, art/music/drama' ]study groups; nor space for civic .. and City groups working with trou- bled or underprivileged youth. Completion of this space would meet these needs and permit full . utilization of an available struct ture at a cost 'considerably less than that for which a new structur.~ could be provided. One factor in- '' creasing the cost is the need for an elevator or simitar device to provide access .for hand ica. pped and GRAND TOTAL $ $ .... HUD-7015.I (11-75 J ~ ~ENDMENT ?ARTMENT OF HOUSING AND URBAN [~EVELOPMEI~T ENTITLEMENT APPLICANTS ONLY COMMUNITY DEVELOPMENT PROGRAM C I TY OF NEW HOPE 4. PROGRAM YEAR: 1977 1978 FROM: TO: ' C~:NSUS ESTIMA]JED COST ($0~0) RELATED " RELATED TRACT/ ENVIRONMENTAL BUDGET BLOCK GRANT FUNI~ OTHER FUNDS ACT{~i'I~t' '{~3 ESC R IPTION SHORT- ENUMER. REVIEW LINE PROGRAM SU I~SEOU EN"i' TERM ATION STI~'TUS 'TOTAL AMOUNT SOURCE OBJECTIVE DISTRICT ITEM YEAR YEAR (~1 (2l (3) (4~ (51 (~1 ~7) (81 (9) (~0/ Provi.de.secu~..ity lights for Clt..y 0-2 215.01 Assessment '2 $ 24,00[ $ 24,000 NA Pa'rk/Recreat i ona I facilities. 215.02 Only minimum, security liUhting is 215.03 now provided for City park/recrea- 215.04 215.05 tional facilities. Experience has shown that the most effective metho~ of co~trolling vandal ism is to light- the areas. The provision of an adequate/comprehens i ve' security lighting system in City parks and athletic facilities will enable ~.he facilities to be used and en- joyed by all citizens. Replacement of Elm and Oak trees ' C-3 215.01 $ 23~40C $ 23,400 lost from Cit_y_ p.roperty because of 215.02 d i sease. 21-5.03 215.04 In order to be used and enjoyed, 215.05 parks must have trees. DutCh Elm and Oak Wi it diseases have des- troyed much of the minimum tree coverage that did exist in City parks. It is estimated that · $23,400 would be required to replac~ all trees lost to date. .... ,,, ~ ~..~? -, ,.;~ GRAND TOTAL $ $ HUD-701.~.I (i 1-75 " 1. NAME OF AI~LICANT ~./~?LICAT1ON NO. · J CJ At ,DNSEN_TL. OEP, .~ENT OF HOUSING AND URBAN DEVELOPMENT ENTITLEMENT APPLIC~N~ ONLY COMMUNITY DEVELOPMENT PROGRAM .. CITY OF NEW HOPE 4. PROGRAM YEAR: 1977 1978 FROM: TO: RELATED ........... ;~ RELATED TRACT/ ENVIRONMENTAL BUDGET BLOCK GF{ANT FUNDS OTHER FUNDS ACT$~)i~'~ESCRiPTION SliORT' ENUMER. REVIEW ...... TERM ATION STATUS LINE PROGRAM SUBSEQUENl TOTAL AMOUNT SOURCE' OBJECTIVE DISTRICT ITEM YEAR YEAR ProvjGe to[ let ~.ncl. shei~rer f.~.ciJi- ' Ties for_ Begi.n Park. C-4 21~.02 Assessment 2 $32,000 $.b2,000 In order to fulJy utilize Begin Park,a 4.77 acre neighborhood park for recreational programs on a leve, I wi~h other neighborhood facilities it will be necessary to~ construct toilet facilities and ,. shelter facilities. The toilets would be of a type to handle handi-. capped needs and p~ovide adequate ~ capac.ity for the numbers of people' .anticip,.ated to use the park. The , shelter would enable programs to continue in case of rain and simi- lar weather. It would also provid,,~ . some protection for sL;mmer program~ and family pi'cnic activities, j GRANDTOTAL .. $ 165,40~ $165,400 $' ~""': ' ""'" HUD-7015.1 ..... Form Approved OMB No. 63R.t47! ·U.S. DEPART~ ENT OF HOUSING AND URBAN DEVELOPMENT ,;, HOUSING ASSISTANCE PLAN - TABLE i. SURVEY OF HOUSING CONDITIONS A. HOUSIHG STATUS AND CONDITION OF ALL HOUSING UNITS IN THE COMMUNITY URBAN HENNEPIN COUNTY (NEW HOPE) · PROGRAM YEAR · DA,TE OF HOUSING SURVE~Y($) USED ,~ -:~' ~RC.M~ 1977 TO; 1978 - HUMBER OF HOUSING UNITS YEAR ALL UNITS OWNER RENTER STATUS AND CONDITION OF ALL HOUSING UNITS OF SUBTOTAL SUBTOTAL SUBTOTAL ESTIMATE TOTAL SUITABLE SUITABLE SUITABLE FOR TOTAL FOR TOTAL FOR REHABILITATION* REHABILITATION* REHABILITATION* , (a) {h) (c) (d) (e) ,. (r) (~) ~ i, Occupied Units - Total 6,856 73 4,333 13 2,523 60 o. Substandard 73 ' 73 13 13 60 60 b. Standard end All Other [lice 1 minus li, e la) 6,783 0 4,320 0 2,463 0 2. Vacant Avail&lo Units - Total 209 0 20 0 89 0 e. Substandard . 0 0 0 0 0 0 b. Standard and. All Other (lin · 2 minas tine 2a) 209 0 20 0 189 0 3. Housing Stock Available - Total (sam ol tines I and 2) 7,065 73 4,353 13 2,712 60 4. Vacancy Role [tine 2 + S) 3.0% 0% O. 4% 0% 7.0% 0% ~'Unili "$uilable loc Rehabilil~lion" musl be included os n sublolol it lbo oppllconl is proposing a l'ehabililalion program on Table II1~ Goals for Lower Income Housing Assistance, B. DEFINITIONS, DATA SOURCES, AND METHODS (Attach additional pages) 1. Definition af "substandard" used. "b.'"' ' 2. Definition af "sulloble for rehabilitation" used. 3. Data sources end methods used. OMB No. 63R-1471 pege 1el 2 -' U,$, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING ASSISTANCE PLAN - TABLE II. HOUSING ASSISTANCE NEEDS OF LO~/ER INCO/~E HOUSEHOLDS J -- ~ DATE~ URBAN HENNEPIN COUNTY 4. PROGRAM YEAR ~. CATE OF HOUSING SURVEY(S) CITY OF NE~ HOPE ~.o~ 1977 TO= 978 NUMBER OF HOUSEHOLDS ALL HOUSEHOLDS ALL FE~RALE-HEADED HOUSEHOLDS ALL MINORITY HOUSEHOLDS ~TATUS OF HOUSEHOLDS LARGE LARGE LARGE REQUIRING ASSISTANCE ELDERLY OR FAMILY FAMILY ELDERLY OR FAMILY FAMILY ELDERLY OR FAMILY FAMILY TOTAL ~ANDICAPPED (4 or Jes~ TOTAL 'tANDICAPPED (6 or les~ TOTAL HANDI~APPE~ ~4 or (1.2 per~on~) per~on~ ) (5 or more (5 or more ~5 or more person~) (].2 persons) persons) per~on~) (1-2 per~on~) per~on*) {a) (b-l) (b*2) (b-3) (b-4) (e-I) (c-2) ' (~-3) (e-4) (d-l) (d-2) (d-3) (~-4) ,[.cees) 44 6 I 27 18 2 5 I I I 0 ~ I ~. RENTER HOUSEHOLDS 565 32 467 66 231 I I 93 27 8 0 7 I ~. HOUSEHOLDS EXPECTED TO BE DtSP~CED Iff PROGRM~ YEAR (S,~ ol U~,~ Cl a,a L 2. Renters D. ADDITIONAL F~,~ILIES EXPECTED TO ~ESIDE 81 3 56 22 .;.L'27 ',' ":'.:'~'2~;i~ '.'?:'.'~.. ~,~;'7'";:. ~ I0'~: ]~ ..~'~'~' :".~:.;.7"~: ".~,'.~.~'~;:.~ IN CO~,I~,~UtflTY (~ ~[ 1~ ~ ~nd D2) ........... .".".; , ' ...... · ..... -. . ' '" - . L Asa~esultof 25 I 17 7 ,9 .. .,. .I...t..~.~ G'."l .;' . 2. 56 2 39 15 ~'.:[8 -.- ~ I. :' . 12,~;. .5:~;- , 6' : .... 0.... ....::~ 4'_ E. TOTAL HOU$1NGASSISTANCE NEED~ . . . , . ,.. .... .' - .... , ":..U; ' . .,., -. ?,..:.?..:, ,.: ;..~ ~ ,.~,~.~....: ?..~r' . -..... .-..: .- .. ',.':'. ..~.. :... $?;- F. DATA ~URCESAND~ETHODS (a.*c~ · U.S. DEPARTbtENT OT= HOUS1NG AND URBAN DEVELOPMGNT HOUSING ASSISTANCE PLAN - TABLE II. HOUSING ASSISTANCE NEEDS OF LO~ER INCOME HOUSEHOLDS APPLICATION/GRANT NUMBER AMENDMENT, URBAN HENNEPIN COUNTY .... .. PRO~R~ ~R CITY OF NE~ HOPE PROVIDE DATE FOR EACH CATEGORY 0F MINORITY HOUSEHOLD: AS APPROPRIATE (Cho~k appropriate box) (Check ~pproprlate box~ (Check appropriate I, ~BCACK/NEGRO 4. ~ ORIENTA~ I. ~ BLACK/NEGRO 4. ~ ORIENTAL ]. ~ BCACK/NEGRO 4, MINORITIES MINORITIES MINORITIES HOUSEHOLDS REQUIRING 3. ~ AMERICAN INDIAN 3.~ AMERICAN INDIAN 3, ~AMERICAN INDIAN ASSISTANCE (e) ,, (.-I) (.-2) ~,,(?.4) '" (.-SY 'U-t) , (f.2) H.3) ,, (f-4~ (g-l~, , (g-2) ~ ~ 0W~[E.HOUSEHOLDS ,,. (excl~,~ ~is~cce~) * Total t 0 0 (ex ch~!i~ ~ di,s ~lu cec{,.~, TO(a~ 2 0 2 0 ~ 0 2 [ [ 0 [ 0 ] C. HOUSEHOLDS EXPECTED TO BE DISPLACED IN PROGRA~ YEAR (Sum olllnes I a~2) ,, , ~ O~'ners ·; ' t~ "Renters ........... D. TOTAl. (Eum ~f lla~ A,B, ~.~ C) 2 0 2 0 4 0 2 2 I 0 ] I 0 P,ge 2 el 2 U.$. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING ASSISTANCE PLAN - TABLE il. HOUSING ASSISTANCE NEEDS OF LOWER INCO/~E HOUSEHOLDS ~9~ 1977 Tg~ 1978 P~OVIDD DA~E FO~ EACH CATEGORY OF M NORI~Y HOUSEHOLD~ A~ APPrOPrIATE (C~eck ~pp~op~l~te bo~) (Check ~ppro~rlate ~ox) (Check ~pprop~i~te STATUS OF 2. ~ SPANISH-AMERICAN S. ~ ALL OTHER 2, ~ SPANISH-AMERICAN 5. ~ A~L OTHER 2. ~ SPANISH-AMERICAN S. ~ ALL OTHER ~ MINORITIES MINORITIES MINORITIES HOUSEHOLDS REQUIRING 3. ~ AMERICAN INDIAN 3.~ AMERICAN INDIAN 3. ~ AMERICAN INDIAN ASSISTANCE LARGE ELDERLY OR F~MICY LARGE ECDERLY OR FAMILY LARGE (/-2 persons) pcrson~) persons) (J.2 persons) persons) pcrson~) (~.2 pcrso~sJ persons) per~onsJ (e-Sy (~-1) (f-2) (I-3) (f-4) (g-l) (g-2) , Cg-3) (a) (e-1 ) (o-2) (..4) , s ~ OWNER HOUSEHOLDS {excl~4in5 divorcees)' Total , , ~ a B. RENTER HOUSEHOLDS a C. HOUSEHOLDS EXPECTED TO BE DISPLACED ' IN PROGRAM YEAR (S~ of llne~ ! a~ 2) a O~ne[s , t s Renters ,, [ D. TOTAL' (S.~ o/lincl 4.8..,nd C) 2 0 2 0 r · ' ' ' ' Form Approved · OMB No. 63R-1471 Pago 1 of ;2 po~es,. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPM'ENT ' HOUSING ASSISTANCE PLAN TABLE III. GOALS FOR LOWER INCOME HOUSING ASSISTANCE CURRENT YEAR GOAL I. I, OF APPLICANT S, [~ ORIGINAL HENNEP I N COUNTY " cITY OF NEW HOPE [-'l AMENDMENT, DATE= FROM: 1977 *o: 1978 - ': NUMBER OF HOUSEHOLDS TO BE ASSISTED ALL ELDERLY OR 3:.' LARGE HANDICAPPED FAMILY ~ FAMILY .. TYPES AND SOURCES OF ASSISTANCE HOUSEHOLDS [i--2 persons] (4persons)or Jess (5 or/lore - · ' persons) (o) (b) (c) (d) (e) ' A. HE','/RENTAL UNITS · ' ~ 'i. Section 8-HUD 2 2. State Aqency-Tota{ (Sum o[llnes a and b) 47 18 23 3 ~. Section 8 4 b. Other , s 3. Other Assisted New Rental Housing ([denti/y). Total 4: Total (Sum oF lines 1,2. and 3) 47 I 8 23 6 , " . B, REHABILITATION OF RENTAL. UNITS / · ' I. Section 8-HUD 92, 92 ' ~ i 2. State Agency-Total ($~ of lines a and 6) :~r o. Section 8 er Assisted Rehabilitation of Rental Housing :~ EXISTING RENTAL UNITS 1~ I. Section 8-HUD 20 B I I I :~, ~ Store A~ency-TotaI (Sum ofi~e~ a and b) :~ a. Section 8 N Other , zt ~ Other Assisted Existing E~tal Housing (lden~i[F) - Told 4: Total (Sun of lines ],2, and 3) 20 8 J J J [, D. REHABILITATION ASSISTANCE TOHOMEOWNERSOR : ,PROSPECTIVE HOMEOWNERS "ss 1. CO Block Grants [2~ 2. $ection 2~ 3. Ot~ Rehabilitation Assistance to Hom~wn~s or pmsp~tive Hom~wners (Iden~i~) - Total ;~ 0. kLH.F,A. State Rehahl I~an 1~ ~ 4 4 ?o j 4- Totol (S.~ of li~es l, 2, and 3) J 3 t PROSPECTIVE HOAEOWNERS , , ?' I, Section 235 ?~ Z Other (Ideng~y) - Total ~35 T .Iai (5~ of lines I and 2) :3~ F, ALL HOUSING ~SISTANCE GOALS .. t$~ of li~ez 44, B4, C4, D4, and E3) 172 DI ID0 I i U.S,. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING ASSISTANCE PL~ "- TABLE II1. ~ALS FOR LOWER INCOME HOUSING ASSISTANCE THREE YEAR GOAL. 'OF ~PLICAHT ~- ~ORIGINAL H~NN~P IN COUNTY CITY OF NE~ HOPE ~ AMENDMENT. DATEI NUMBER OF HOUSEHOLDS TO BE ASSISTED ELDERLY OR FAMiLy ~PES ~D ~URCES OF ASSISTANCE ALL HAN DICAPP ED (4 Or [e$~ FAMILY HOUSEHO~ DS (]--2 person~J .person~) p erzonz) (a) (b) (~) (at (-), A. NEW RENTAL UNITS Z State Aqency-Total (Sum al lines a and b) ~. Other ~ Ot~ Asslste~ New R~tal Housing (/denzi[7J. Total B. REHABILITATION OF RENTAl UNITS - 1. Sedian 8:HUD 92 ' ~2 2. State Agent-Total (S~ o[ lines a a~d b) a. Section 8 ? -'h~ A~sisted Rehabilitation of Renlal Housing :~ffZ) - Total . ~. . 4. Total (Su~ of ~i~e~ 1.2, a~ 3j. 92 92 1 C EXISTING RENTAL. UNITS: j 1. So,ion 8-HUD. 75' ~0 4~ l 2. State A~ency-Totol (Su~ al li~es a a,~ ~) a. Section 8 b. Other · Olh~ Assist~ Existing Rental Housing fl~en~ff7)- Total 4. Total (Sm of tines 1, 2, an~ 3) 75 30 44 I REHABILITATION ASSISTANCE TO HOMEOWNERS OR D. PROSPECTIVE HOMEOWNERS ]. CD Bloc~ Grants Z Section 235 3. Other Rehabilitmion Assistance to Hom~wners or Prospeclive Hom~s (lJen~ffy) - Total a, ~4HFA 5?a?e Rahab. Loan i3 5 4 4 ,E. N~ CONSTRUCTION ASSISTANCE TO HOMEOWNERS OR PROSPECTIVE HaM ~O~NER~ 1. Section 2~ 2. O~h~ (l~e.~i[y) - Total ~ Total (Su~ al t~es I ~d 2) , .L HOUSING ASSISTANCE GOALS 2~7 ~ l~ fSt~ of tines ~4, B4. C.I, D4. and PERCENT OF ALL HOUSEHOLDS 1~ I 23 % 72 % 5 ~. E~LANATION OF PRIORITIES(A~cA addi~ional~$es) O~G Ho. 63~1471 U.S. DEPARTMENT OF HOUSING AND URBAH DEVE~OPMEHT HOUSING ASSISTANCE PLAN TABLE IV - GEHERAL LOCATIONS FOR PROPOSED LO~ER I~COME HOUSIHG NAME OF ~P~IGANT HENNEP I N' C0~NTY CITY OF NEW HOPE - - 1977 1978 A. IDSNTIFY GENERAL LOCATIONS ON MAP IN THIS APPLICATION :.. ]. New ~nstmc~on: CmmsTract Numb~ 215.02 ~ R~a~litaUon: Cen~sTm~Number$ Location was selected by the developer (Boi$clair C~rp.) and rs in conjunciton with a four part construction in New Hope, Crystal*, and Robbinsdale. Site is adjacent to commercial and shopp[n§ 8teas and rs also located on a bus line. EXPLANATION OF SELECTION OF GENERAL LOCATIONS ,New CGn~t~uc~n 2. Reha~litat~on HUO-?0 IS. Il GOLDEN ZONING DISTRICT MAP CITY of NEW HOPE RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM ON FAST FOOD OUTLETS. WHEREAS, in the discharge of its responsibilities as the Planning Agency of the City of New Hope under the provisions of Minnesota Statutes § 462.351 to 462. 364, the Planning Commission of the City in conjunction with its professional planning consultant, Midwest Planning & Research, Inc., and the City Manager, has been reviewing the comprehensive plan of the City in its entirety since the 19th day of August, 1975, and WHEREAS, the Planning Commission has held numerous meetings and hearings since said date in an effort to secure the broadest possible spectrum of views as to the past, present and future development of the City, and WHEREAS, the City Council in apprising itself of the progress of the review of the proposed revisions of the comprehensive plan of the City, and in the discharge of its legislative responsibilities as the governing body of the City of New Hope, has become aware of potential developmental, traffic, and other environmental City planning problems inherent in the rapidly developing modern social and economic phenomenon described in general terms as "fast food outlets ," and WHEREAS, it is the observation of this Council that the existing zoning code may well not provide adequate safeguards for the public health, safety, and welfare in the regulation of fast food outlets, and in the planning process of review of the comprehensive plan of the City, prompt and par- ticular attention should be given to the adequacy of present regulations, and if such study reveals that the safeguarding of the public welfare demon- strates a need for modification of existing regulations, prompt action should be taken by both the Planning Commission and the City Council, and WHEREAS, this Council, on October 25, 1976, declared a moratorium on the acceptance and consideration of applications for fast food outlets to permit the Planning Commission to study the overall effect impact of fast food outlet operations with the City and directed the Planning Commission to pursue an investigation of the impact of fast food outlets on the comprehen- sive plan of the community, and WHEREAS, this moratorium has had a direct affect on at least one proposed applicant for a fast food outlet, namely, Taco Belle, Inc., and WHEREAS, both the property owners affected by the moratorium, and present or potential applicants for such operations are entitled to a prompt determination of the posture of the City in regard to this type of use, consistent with a thorough analysis, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of New Hope, Minnesota: 1. That the Planning Commission of the City is requested to forward its recommendation to the City Council as to proposed changes, if any, in the operation and regulation of fast food outlets within the City no later than the 27th day of April, 1977. 2. That pursuant to the provisions of Section § 462.355, Subd. 4, Minnesota Statutes, this Council, for the purpose of formalizing its intent that the zoning use heretofor identified as "fast food outlets" be carefully scrutinized as presently regulated, and revised if further study shows the desirability of changes, does hereby enact the following interim ordinance: ORDINANCE NO. 77.4 AN INTERIM ORDINANCE RESTRICTING THE ISSUANCE OF BUILDING PERMITS AND THE ACCEPTANCE OF APPLICATIONS FOR FAST FOOD OUTLETS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. The City Code is amended by the addition of the following Section 3.03. 3.03 Fast Food Outlet. Subd. (1) Definition of Fast Food Outlets. As proposed in the draft of the new comprehensive plan of the City under the definition of"Convenience Food Establish- ment,'' a fast food outlet is defined as an establishment which serves food in or on disposable or edible containers and individual servers for consumption on or off the premises. Subd. (2) Moratorium. A three-month ban on the acceptance of applications and the issuance of building permits for the construction of fast food outlets is hereby imposed, to expire April 27, 1977. Section 2. This ordinance shall be effective upon its passage and publication. Passed by .the City Council of the City of New Hope the .2fl day of .~-~ ~ , 1977. / EdWard J. Erickson, Mayor B~~li~t', Clerk-T~er (Published in the New Hope-Plymouth Post the ~day of ~/~/, 1977.) I % ORDINANCE NO. 7/.S 13~2 D~llaltim~s. ~or .It~ purlm)~ M : ~ ~ORDINANCE. I~ABLISHING ~ls ~IW, ~llfl ~ REGU~TIONS FOR THE SUB- .~ ire ~ ~i~ M ~M: DIVISION AND PLATTING OF C1) H~y-- ~ i ~ r~t~ ~ND WI~IN THE Cl~ OF NEW K ~ I ~ ~ M ~ ~ NW h~, MiW ~) B~k-- Is ~ arflM le~ wl~lfl ~ti~. B~ ~ a r~ ~ I~e. .~) S~MM ~. (4) C~ ~ ~ ~ Ci~ M Nw L 13.NSUBDIVISION ORDIN&NCE (5) Cl~ ~1 ~ is ~ ~1~ 13.01 ~11 P~iIW. ~ M ~ Cl~ M NW H~. (i} S~ TH~. Thlt Ordl~e tall (6) ~F~si~ Pbn -- r~ ~ ~ ~ ~ "SUBDIVISION ~ g~ M ma~, ~a~ e~ I~erllls, IKludlng ~e pri~l~l ORDINANCEOF THE CITY OF HEW ~at make ~ ~ ~~ ~ entrance s~ M reside~lil HOPE," a~ wm ~ r~ ~ ~in ~ ra~ ~an M ~ cl~ dl~. ~ ~ m~ ~1~ ~, ~ ~, ~ ~1~ e~ fl~l, K~~I~i~. ~lzl~hll~f~,hwl~' I~lcatl~ I~ ~ ~i~, ~ CI~ at' It~, ~ ~!~ ~- · ~flm~, minimum ~ maxl~ ~ (~ R~) ~ -- a~ dl~ ~ ~ In ~ ~f ; dl~~h~as~ ~e ~ ~ ~11 ~1~ r~ ~ way, b~, e~ ~ ~ ~ ~ ~ls ~ln~ ~ make '~~~~lp~ ~ pla~l~ ~ la~wl~ln ~ ~1~ an~ maintaining drives, utilities, contllned Iff Minnesota Statutes, ~, wa~ mal~, el~r~ I[~, ~1~ r~ulatl~s ~ C~ ~il t~M lira, s~ ~ ~ ~m ~Ma~v~l~tre~lM~K ~ms ~ ~ ~ hea~, ~ dralna~'ways a~ gas I1~. ~m~. and ~al ~lfa~ M ~is ~- (9) FinllPlll--~a~awl~maP (~) S~ munl~. M a su~lvlsl~, m~l~ all M ~ dilt4Ke be~eefl IIMI of (3) ~. 'T~ ~ovlsl~ ~ ~1~ · ~ul~m~ M '~ ~t~ and In ~dlnaKe rele~ ~ any dlvlsl~ M a ~m is r~lr~ by H~pln ~ (~) ~ M la~ I~ ~ m~e ~ls ~ ~ p~ M r~rdi~, and is any' individual, by pla~lng, r~affl~, ~ya~,' (10) ~ -- Is a ~1~ M i ~- as~latlon, syndicate, ~i~ of Su~lvlsM P~b. B~ (11) OW -- a ~ r~nt ~ ~r- anyplat~ll~~MMany ' ~ M la~ I~ ~ ~ ~l~l~, .: mal~aln~l~lviMh ~ ~ City ~il M NW H= ~ (12) ~ -- IKlal ~ M~II (5} ~l~s .W R~iN. ~ ~, ~e~W, firm ~iat~, ~if M any i~lvlll~ tau N ~- ~bllc ~ quul-~bl~ cor~ltlm, R~ ~[~ ~ hive iffy valldl~ M ~m. uMII ~ ~lt ~e~ hu ~ (13),P~ ~ Pllygm~ prepared, approved, end ~bllc la~ ~ ~ eke Iff t~ Cl~ el~ acknowledged In ~e manner ~ N~ H~ ~lcat~ ~ rm~ ~1~ by ~ls Ordln~e. rKreati~ ~r~. (~) Su~ivl~ (6) lulldi~ P~. No ~lldi~ (14) PK~B~ ~ Gr~ -- permits will be considered for s~ c~f~ I1~, me~s ~ dlsta~ ~ua~by~Cl~N~H~ wdlcllly (u~ ~ ~) ~ ~ ~lrNby~Cl~h1~l~ ~ ~ ~ any ~lldl~,' ~rlz~tal in ~ and t~ ~u~ ~ Im~ovem~ ~ h la~ ~each o~ hu~r~ f~ ~ ~rlz~al ~. ~ ~ any I~ In a ~lvIsi~ as ~1~ dilate. 13.~ ~u~ ~eln, uNII all r~l~ ~ ~ls (15) P~iin Way -- Is a ~lc 13.~1 Preliminl~ P~t. ~dl~e haw ~ fully ~ right-of-way or private ealement (1) ~IIM. T~ (lO) ~, ~. norm i bilk ~ ~l~ ~ ~) ~rl~ll~. If any ~1~, ~ia~ a~ ~1~ m~ ~ ~ ~ Ci~ CI~K. ~ ~lr~ flll~ ~,~t~e, cl,uN ~ ~rm ~ h Installit~ d dlll~ lira. ~ Invalid, ~ ~ ~all ~ PII~I~ ~mi.~ M ~ G~ ~ M ~1~ ~dina~. (17) PrMIminl~ Plat -- l~-i dl~ ~ mlnlm~ ~an- subdivision meeting r~ulrements su~i~.T~ ~r~ ~ dimples ~lfl~ ~ln ~ln ~u~. ~K~ ~ ~ ~ M ~ a~ ~ ~al~ In ~ ~lclal (11) ~1~ ~v~a~ -- M ~ CI~, ~ Mt~ Ma~r~ ~11 ~ ~ ~tl~ I r~ (~) ~iptll. Any ordinance ~ ~lvlslm~illy IM~ ~[ll~ ~W Klch ~ I~IM~ Wit M ~ ~ ~ ~ r~al~, u~r~le ~ M 13.~ RuM I~ ~flnitW K~ ~ld ~ e Im~lr ~11~ 13.~1 RUI~. F~ h ~ M ~lS ~dlna~, ~ ~ Iff ~ ~ (1~) ~ ~ ~ I IIM wl~ifl I (2) Halring. The City Clerk shall set shell be necessary to meet the op- shall be used, and shall be fur- · public hearing for the next regular provel of the Council. If accepted, the nlshed by the City to the subdivider meeting of the Planning Commission. final plat shell be approval by at the subdlvlder's cost. The Planning Commission shall re~olutlon, which resolution shall Topegrapl~ic maps shall Include all conduct the hearing, and report Its provide for the acceptance of ell areas within ~ hundred and findings end make recommendations agreements for basic Improvements, fifty (350) feet of the tract. fo the City 'C0uncll. Notice of said public dedication and other (3) Proposed Design I~afore~ hearing shall be published In the of- requiremente as Indicated by the City (al Layout of proposed streets showing flclal newspaper af least ten (10) clays Council. the right-of-way widthS, conterllno prior fo the hearing and written (3) Filing of Finll PIit. If the final grail, lents, typical crass sactlens, notification of said hearing shall he plat IS approved by the City Council, and proposed rmmes of stroete. The mailed et least ten (10) days prior fo the subdivider shell record It With the name of any strm~' heretofore used all owners of land within three hun- Hennepin County Recorder within one inthe City or Its environs shall not dred fifty (350)' feet of the boun0ary of hundred (100) days after said ap- be used unless th~ pro~ ~Yeet ,the property in question. IX-OVal or approval of the final plat -. is a logical axfofmlo~ of an already (3) Technir~l Asslsfanc~ R~Porf~. shell be considered void. The sub- ' named street, in wt~ich event the After the public hearing has been set, dlvlder shall, Immediately upon same name shall be the Clty AAanager shall instruct the recording, furnish the City Clerk- (b)Locetions and wId11~ of prolx~J staff to prepare technical reports, Treasurer with a print and alleys and pedestrian ways and (where appropriate) end provide reprnducible tracing of the final plat utility easementl. general assistance In preparing a six)wing evidence of the recording. No (c) Typical cress-sections of pre~ recommendation on fha action to the building permits shall be let for Improvements upon streets and City Council. constructlen of any structure on any alleys, tagamet with an indication (4) Review by Other Commissions let in said plat until the City has of the proposed storm water or Jurisdictions. ~,ere appropriate, received evidence of the plat being runoff, showing drainage from the City Manager shall file cpples of recorded by Hennepln County. other areas that contribute storm the preliminary plat with other .city · (4) COl=las of Flleg Plat ind Revised waters fo proposed plat-,. commissions and-or county end state Topogrelgtic /vlap to CHy. Within (al)Approximate center line gradients agencies for their review and corn- thirty (30) days after approval by the of proposed streets and alleys, end merit. CIty Council of the final plat, .sub- adjoining'street, if any. (5) Rspert to Council. The Planning divider shall submit to the City Clerk- (el Locations and size of proposed Commission shall make a racom- Treasurer twelve (:12) copies of the sewer lines and water mains. mendetlen fo the City Council within final plat as filed, drawn on sub- (fi LayOut, numbers and preliminary thirty (30) days following the close of stantlel paper, at · scale of not Im dimensions of lots and blocl~. the public hearing, than one (1) Inch equals one hundred (g)Mlntmum front, and side street (6) City Council ACtion: (100) feet, togetherwlth revised copies building settmck lines. (a)Tlme Limitatlea.' If all of the City topography map pertaining (h)When tots are located on a curv~, requlremente of this Ordinance to the platted area, certified by · the width of the lot at the building and as endltionally ImpOsed by the registered engineer or surveyor fo be setback lir, e. Planning Commission are corn- acorrectrapreasntatlenof the plaft~J (I) Areas, other than streets, alleys, plied wlth, the Council shall' act area in accordance with the new pedestrian ways and utility upon the preliminary plat within design gredes and elevations, easements, intended to be one hundred twenty (i20) days of 13.0,1 Dill Rlqulred for Preliminlry dedlcJtod or reserved for public the date on which If was officially and Flnll PIIte u~, Including the size of such area submitted. If the recommendation 13.041 Preliminary Plat. The Owner or or areas In acres. of the Planning 'Commission has Subdlvidershall predate and submit (1) Water Supply, Water mains shall not peen received In time to mee~ . · preliminary plat, fogeffmr with be provided to serve the sub- the requirement, the Council may any necessary supplementary In- division by extension of an existind act onthe preliminary pletwIthout formation. The preliminary plat community system. Service such recommendation, shell contain fha following in- connections shall be stubbed Info (bi Preliminary Plat. If a preliminary formation: the property line when feasible and plat Is not approved by the City (1) General Provisions ell necessary fire hydrants shall Council, the reasons for such ac- (el Proposed name of subdivision; also be provided. Extensions of the lion Shall be recorded in the I~lm~ shill not. dupliclto or public water supply system shall preceedings of the Council a6d be designed so as to provide public transmitted fo the applicant. If me closely resemble names of existing prelimlneryplat is approved, such . subdivisions within Hennapln water In accordance with the · standards of the City of New Hope. approval shall not constitute final County. acceptance of the layout.' Sub- (b)Location of boundary lines In (k)Sewage Disfx)sal. Sanitary sewer sequent approval will be required relation to a known section, mains and service connections of the engineering proposals and quarter section or quarter-quarter shall be installed to serve all the other features and requirements as s~.-tion lines comprising a legal lots In the SUbdivision and shall be specified by. this Ordinance to be description of the property, connected to the public system. indicated on the final plat. The City (c) Names and addresses of the owner, (I) Provision for surface water 'Councllmeyrequlresuchrevisions 'deVeloper and the designaP or disposal, drainage, and flood in the preliminary plat and final Surveyor making the plat. control. plat as It deems necessary for ~ (al)Scale (and bar scale) of plat, no1 (4) Supplementary Information. health, safety, general welfare and less than one (1) inch to one hun. The following supplementary In- convenience of the City of New tired (100) feet. formation requirements shall be Hope. (el Date of preparation and nor- complied with where they are deemed (ciTies Limit on Preliminary Ap- thpolnt, appropriate and necessary by fha City proval. If the preliminary plat is (2) Existing ComJitlone /V~anager. approved by the City Council, the (al Boundary line of proposed sub- (e)Stetement of the proposed use of subdivider must submit the final division, clearly indicated, lots' stating type of residential plat within one hundred (100) days (bi Existing zoning classificetlort~ for buildings with number of proposed after said approval, or approval of land within ahd abutting the dwelling units andtype of business the preliminary plat shall be subdivision, or industrY, so as to reveal tl~ considered'void, unless a wrllten (ciA general statement on the ap- effect of the 'development on request for a time extension Is proximate total acreage and traffic, fire hazards, end approved by the City Council. dimensions of the lots. congestion of population. 13.032. Final Plat. After fha (d)Lecafion, widths end names of all (blAh accurate sell sorvey of the preliminary plat has been approved, existing or previously platted subdivision prepared in ac- the final plat shall de subml1~ed for streets or other public ways, cordance with City specifications. approval as follows: showing type, width end condition (c)lf any zoning changes are con- (l) Approval of the Planning of improvements, If any, railroad templeteq, the proposed zoning Commission. Copies of the final plat and utility rignts-of-way, parks plan for the areas, iucludlng all- shall be submitted to the Planning end other public open spaces, mansions shall he shown. Such Commission for their review end permancmt buildings and struc- proposed zoning plan shall be for recommendation,, unless this lures, easements and section and information only and shall not vest requirement Is waived by the Plan- corporate lines within the tract and any rights for the applicant. nlng Commission during their review to a dlstaoce of three hundred and (al)Where the subdivider owns of the prellmlrmry plat. fl~ly (350) feet beyond the tract, property adlacent to that which (2) Approval of the City COuncil. (alLocation end SiZe of existing being proposed for the subdlvIsle~, Twelve (12) copies of the final plat sewers, water mains, culverts or the Planning Commission shall shall be filed with ~ City Clerk- other underground facilities within require that the subdivider submit Treasurer for dlstrlbulfion to the city the tract and to a distance of three a sketch plan of the remainder of Council, appropriate l:lty Staff, hundreclandftfty (350)feet beyond the property so as to show the telephone, power and gas companies ~ tract. Such data as grades, · possible relationships betweeft the at least twenty (20) days prior to a invert elevations, and locations of proposed subdivision and the Council meeting at which con- catch baslns, manholes and future subdivlsl(m. In any event ell sideration is requested. During the hydrants shall also be shove, subdivisions shall be ShOWn to said twenty (20) days, the City staff (fi Boundary lines of adloinlng un- relate well with existing or shall examine the final plat and subdlvlde~ or subdivided land, potential adjacent subdlvlslm~s. prepare a recommendation to be within three hundred and fifty ' (e) Whera structures aro to be placed submitted to the Planning Corn- (350) feet, identified by name and on Iofs whlch could be resubdlvided minion end to the City Council. ownership, including all con- for further development, the Nature of approval, disepprovel, or tlgu<~s land owned or controlled ' preliminary plat shall indicate placement of structures ~ that the any delay in decision of the final plat by the subdivider. will be conveyed to the Subdivider (g)Topographlc data, es shown on the' lot may be further subdivided. withtnten (10) days after the meeting City topographic map, Water of the City Council at which such plat cout-ss~, marshes, woo<~d areas, was considered. In case the pelt Is rock outcrops, power transmission disapflroved, the subdivider shall be poles and lines, and other notified in writing of the rea~x~ for significant features shell also be tuch action and what requirements shown. The City telegraphic map - 3- (f)A pl~t for '~dil ere~kxl erKI (h)Executlon of all owflere of any {~)Cre~in~PgbllceenedaryUns~ Sediment control both during ~ Interest In the land and any holders No plat shall ext"fld w &. municipal menthesbeancompleted. Theplen cerflflcetas rogulred by S~ctlon (10) Double Frontage Lets. DmJb~ shall include gradients of water- · 505.03 Minnesota Statutes, as frontage, or lots with frontage on two ways, design of velocity and emended gad which certiflcets Parallel streets, Stall not be pef~llfled erosion comrol me~ and shall Include · dedication of the except: where ~ back cm trlerlel landscaping of the' or,Ion and utility emments and other public otreete or highways, or whore ssdlrnent control system., are~ In such form* as approved by topagrephlcor other condlticn~ render (g)A vegetation praservitlon and the City Council. Subcll¥iding otherwise unro~onablo. protection plan that shew~ too~ ~ propo~cl to be removed, (c)Space for certificates of ap- Such dduble~-ontege le~ shall hive proval end revisw to be filled in by an,addltlenal depto of it least twenty- lt,~e to remain, the types and Signatures of the Mayo( and City . (20) feet in order to Mlew space for Iocetlofls of trees end other Cleric. vegetation that are to be planted. The form of approval of the City screenplgntingnlengtoe beck Iotllns. 13.0S3 Struts end Alleys. . ' (h)Such offler intormatJofl as rrmy be Council is as follow~: (1) ?rlfflc Circutetiml. Except for requestmcl by tho City Staff, Approved by the City Of New Hope, cul~le-sacs, streets shall Coonect wito Planning Commission, or City Mlnne~ote this d&y of m olrelcl~ dedicated ill adidinin8 CoonclL t~... ~". ............ · or edlacent subdlvlaions,~ or provide ,1;,012 Final Plot. The owner or sub- Signed: divider shall submit a final plat . j~yOR -for future conn~ct~ to edl~nin0 t~ wito any nece~ary ~ Alt~t: * unsubdlvIdnd tracts, or ~11 be · plem~tory Information. CI~/Cisek reasonable prNacticn of stree~ in the · (1) Contents. The final plat, 13'Kl~ig~ Standmres. nearest subdivided triers. TN prepared for recording purpcses, Mlall 13.051 B~'~S. .. ; arrangement ut arterials end COllector be pr~)ered In accordance wlt~ (t) General. Block leflgto indwi~tl Streets shall be considered in their provi$icns of MInne~ote State Statutes or ocrelge within bounding raids relation '1o lhe reasonable circulation~ Of traffic, to f-q~GGraphic COnclitlom, to and HennePln County gad City : shall be such as to accommodate lt~' run-off .of storm water, to public regufiticns. The final plot shofl be t Size of residential lots required in the ~ COflveflleflc~ and safety, end In toeir di~)lOyed on · tw~lty (20) by thirty. ~ em by the zQ~ling ordlninco and to (30) Inch sheet It · scale of eno-C1) [ provide for coflvanlent access, ch'- apprcN~'let" relet~t to the pa~0osed inch equals one hundred (I00) feotancl ~ culition control and laf~ty of Strut u~s of toe area to be larval. shell COntain the following in- I ITaffic. 'Blocks intsflded for. com. (2) Cul~le-Sics, Minor and Dead formation: . ' . ~ me~clol, inetltutlonal and Induetrlel Ends. Minor atr~ should be (o) Location by. section, townlhlp, ~ u~ must be desiGnatsd as Suc~. planned Is to discourage lhelr use by ring,, county and state, lad In- ~ (2) Block Lmllto. in general, in- , non-local traffic. Dead end streets ara prohibited, but Cut,e-seca Shall be · clucllng descriptive boundaries of I terssctlng stre~s, clet~minlng block ; permlttsd where l~oography or plher toe subdivision, based en an ac- I . , jet,tgi, shell be .provld~l It luch · : physical cenditiom lustily toeir use curate traverse, giving' angular intervals as to Serve cruss-lrlfflc and linear dimenolens which must i - Cul-de~ace shall not he longer than adequately ~ to meet existing ·fivt humlre4 (SQQ) feet, including mathematically close. The streets. Where no existing plies allowable error closure er any cGm,;roi, the blocks In reMdentlal provided It toe closed end, with an portion of · final plat shall Im one Sk~cllvlsIor4 should not exceed tolr- ~ · outside curb radius of at ~ fifty (1) foot in ssventy-flve hfndred tmm'bundren twenty (1,]20) ~it in (50)feof and · rights,f-way radius of (7,5Q0). length, exc~ where topography or ~ not less toan sixty (~4)) fe~. (b)Thelocetlonutmonumentsshallhe afller Conditions Justify a departure (3) P~ Futor~ Strmff Pleas. shown and described en to4 final from toes maximum. In blocks longer' Where the plat to be submitted In- plet. l.ocetionl of such monuments than eight hundred (000) feet, cludas only Part of the tract owned or shell be shown in reference to peclestrlon ways end-or easements Intended for development by toe existing official monuments en toe through the block may be Pequired -subdivider, ' · tentative plan of rmer~f established Street lines, neerthecanferutfheblock. Blncksfor proposed future street system for the Includingtrueanglasenddistafl,.-~t business or Industrial Use should unsubdlvided portion shell 'be to such reference points or normally not exceed thlrteml hundred prepared and aubmlt~cl by toe sub- monummlts, twenty (1,320) feet In lengto, divider. (c) Location of lots, S11'~41, Public (3) Block Wiclto. The width of the (4) I=b'~re Subdivlel~l Provislawl. highways, alloys, Parks and oilier block should be sufficient to alloW bye When · tract is subdlvldecl into larger intuit"res, wlto accurate dimensions (2) tiers of lots of appropriate depto.' than normal building Ioll or parcels, · teat and decimals of feet, with Blocks intended for business or in- such Ioll or Parcels shell be toe leflgth of redll and-or arcs of all dustrlel use shell be ut such wldto as to arranged es to permit toe logical curvet, ~ wito oil other In- be considered most Suitable for their Iocitiononclopentnosoffuttjrestrocts formation nscassery to r~-G~iace raspectlv~ use, Including Iclequete end appropriate rasubcllvision, win1 the plat on the ground shofl be space for off-street Parking and provlslQn for .adequate utility COn. I/N)wn. Dimension& shall be Ihown deliveries, nactlQrl~ for Such resubdlvIston. , from ell anglo points of curve to lot 13.052 Lots. (S} Intersectlens~ Upon normal lines.. (1) Minimums. The, minimum lot , cohclltlofll, stras411hall be laid out (d) Lots shill be numl~red' cleirly, area, wldto end depth shall riot be ~ as to intmlect as hearty es pcellbte at BIo~t~l ora fo be numb~rnd, win1 , toan that .fablished by the Zoning . rigl~tanglfl, excepfed~eretopngrephy nmnbarl ~ c~rly in h Ordinance In Offacf It h time of or other com~itlens lustily verlot~ Center ut the block. , adoption of,h final plat, except.for Under hormel condlltlons, the (e) The acreage ut each lot and porcel : cul*de-sec lots which may have a ;r~w-.; minimum ~ngle of intorlnctien of of lend, other then Streets shill be ' lot widto of not' ~ tole forty (40) , streets shell be oi0hty (10) shown an et least one (1) Copy of feet. ,Stroct intm~ocecticfl ingswito an oftsut the final ~it, end furnish~l to the ' (2) Center LOfl. C~H'hef lots .for of less than ~ hundred twenty-five City. -- resldantlal use shelf have flft~fl (IS) (125)toetshdil,heprohlblfedenless for (f) The execs lo(eticN~s, widths, ~ feet of Idditinnal wldto to p~mlt reasofloftoPographyorotherphysicsl names Of ell streets to be t: appropriate building asttmck from features. dedicated, both streets as required in the Zoning (6) Access Roads. WhereVer the (g)LocetJon and width of ell ~ O~dinance. prix)Nd subdlvtslon contains or is easements to he dedlcstad.. (3) Side Lot Lines, SId~ firms of lots adjacent tone right-of-way of a U. S. (h) Nome end address of Surveyor ; ,shell be approximately at right angles o~ State Hlghwly, principle arterlel or mtklng h plat. i ~to stj:eet ;llhes mr radlel to CurVed Railroad, provision may be made for n (i) Scale of plat (the sclBle to be shown ~ street lines. ~ marllnal access street epproximotely. graphically, on · bar Kale), deto ~ (4) Abut Stred. Every lot must hive' Parellel end ediac~d to the beqm~ry and norlhpolnt. } Its f~ll frontage ebulflng, on a City of Such right,f-way, or.for I ~ Of (i) Statement dedicating easements i approved Street ofl~r toafl an alley, a distance Suitable for toe appropriate as ~ollows: Eeasm~flts for in- {5) Setbacks. Setback or building ule Of lend bofwlen Such strait Ind staliitlon end maintenance of ; lines shell be shown on oil lots gad right,f-way. Such distance Ihetl be utilities end drelnegf facllltlas ere i shall not be less then the Sethlck 4~termlned wlto clue conl~cisritlon Of re~m'ved over, uncler end along the ~ required by the Zoning Ordinance. toe mlnlmum dleti~cl reClUirld for StriPe marked "utility ease- j (6) Wiser Courses. Lots abufling apprnach Canna(Slang to future grlde manta.' upon · water (aurae, drainage way, leperotlonl, or for lot ~ (k)Ststement dedicating ell 'etroete,' ! channel or stream sh~li hive an ~ (2) SideWl#LI. ~ l alleyS, Parks and other publicI dltlonol depth and-or ,width os areas not previously dedlcatsd as f~3ulred, to assure house Sisal are not plat abut1 or inct"d.s an orterlel or follow~: Sfr~et~, alleys, perk~ and ~ubJlC~ to flooding, collector Mreet, Concrete .Adewelks of other public areas shown on this (7) Felt, fas, In the Subdividing of not is~ than five ($) feet in Wide, on plat end not heretofore dedicitecl any lend, due regard shell be .hove both Siclel of the Paved surface shell to public m4 ere hereby ~o for all natural features, such as tree be provided. . dedicated. . _ growth, water courts, historic ~aofs (g) Allele. A]ley~ mey be provic~l (I) Setback lines shall be shown on It or slmiler conclltlons which If pre- .Incommerclolandlndustrlel diMrlcts, least one (l)'cc~y of the final plat. served will add attr~-tlvene~ end except toIt this requirement mey be (2) Certificitimt Reqelred. stability to toe proposed development, waived where otoer definite and (e)Cerllflcitlon by registered ~ (I) LOt Remnants. All remnanteof 'assured provislerm are made for Soctlen SOS.03 Minoasote Stotot~, aft~ subdividing of · Iorler trice loading, unloading 1Ad parking as amended, must be idded to edlm3flt lots, retoer consietenf wito gad aded~ite for toan allowed to r~maln as ~ ususProPo,~d. Exc~where Justified co~lnuatlon of In existing alley iff the (16) VOrtICal Curves. Diftere~ er~as, or IS unusable' clue to stbe~ Nme block or where necessitated hy Connecting street grodlords llllll be BIOIMS (over elglTteefl (18) percent). She Inck of eite~natlve adequate off- contacted wlfh vortical Hrobollc AlsO, no c;oflstrlJctiofl or P'ocllng will street loading si)Bce, atleys will not be cut-eel. Minimum length, in feet, of be conducted on singes Steeper than approved In residential districts, these curves, shaft ~e one hufldr~l eighteen (11) percent In rode. 'Deadened alleys shall be avoided (10Q) feet. 13.0~ Required Agreements and wherever possible, but if unavoidable, 13.054 Easements. - Bonds. such deadened alleys may be ap-. . (!) Provision' far Utilities. 13.061 General. PriOr to final plat proved If adequate turn-around Emments et least t~l (10) feet wide,' al~Covoi, the eubdlvidor and City facilitle~ ere provided at th~ Closed · cgntored on rear and other lot ltnes, shetle~tor, lnto an agreement torthe end. ' shall be provided for utilities, where . requIrecl Improv~ment~, as follows: (9) Half Srestl. Half streets shall be necessary. TI~y shall have Coutinuity - (1) Plat Bofldl~ Requirement~. prohibited, except where ussontinl to of alignment from block to block, and , B~G,-~ · final plat Is approv~cI by the reasonable devetopment of the at deflection points, eBs~ ~ CltyC4xJncil, theo~qlef'~ndsubdivld~r sut)dlvlllon In ~.~;G~mity with' the Ix)se-line encllors ~IOII be provided of the lind covermcl, by S4ld plat Siistl other requirements of these whe~ necessary, execute and submit to the CooncII an regulstio~; and Where the City (2) Provisions for drainage, agromTmflt IQ. make and Install within Council finds it will be practicable to Easements shaft he provided ainng arm y~or, atl JllqWovemefl~ required reqoire the cledication of the othor half esch side of the center line .of any to he Mstatind 'by him L,n~or the vv~afl the BclIoioing prolM~y In ~ water ~ or dr. einege channel provlsio~ of thee O~JIn6nce, In divided. ~ a half Sheet Is whether or not shown In the Com- cordancewtttllhetimetabinendplons adjacent to a tract to he ~ulxilvlded, preheflsIv~ Plan, to a wMth sufficient and sPecfficatinfli therefore to be the oityer heft of lt~ street I~mll be in the Judgment of the City Council to prepared or I~:~c)rov~NJ by the CifY platted within such tr,ct. In cases provide proper maintenance and Engineer. The agreement whets half streets are accepted, the ~,~G;~:tinn and to provide for storTn (hereinafter sometlme~ retorted to as owner end subdivider shell be water runoff end Installation and Development-O)ntr~) shell be required to grade half h Streets in maintenance of storm sewers, and companled by a cash escrow mi to accordance with the plans therefore to they shall be dediCated to the City by o~e and one-haft (1¥~) times the City be prepared by ~e City Englno~, and ale)re,rinse Innguag~ in the owner'S Engineer's estimated coat tar in adoitlan, the owner and subdlvidor certifiCate, pleting said improvm'nant~ or shell be required to dep(~it payment 13.Q5S Erosinn and Sediment Coofrd. corporate performance bond, or other or approved bond with the Clty for one- (1) The clevoiopment shall ~,-m collateral authorized by law half of the City Engineer's estimated to the nltoral IlmitatJonspresefltodby: i (sometln~s refefl'~l to as cost of other improvements required topography and soil so Is to create the. I division bond) tO be approved by the for that street underthinOrdlnan©.a. In. least potsntiol for soil erusIon. .. City, In an amount equal to one 'and Cases where the entire right-of-way (2) Erosion and siltation control i one-half (tYJ) times the 'City has been dediCat~l to the puMIc I~t · me~orls sl~ll ;he coordinated -wilt1 I - ~nglnea~s estimated cost of Sold ~ property of ~e owner, and ~ the different stages of-construction, i Improvement. Bond amounts for d~vlder Is located on one side of sold Appropriate control measuFas Shall be ~ assasom.eflts for w~lch the deveingor s~,est,'the ownor and ~J~vrdor may Installed print to develeprnoflt when ' agrees to pay ~ll be determined grocin'~t~ entire street necessary to control orosion, initially by the co~ Of the Prol~ct as · ~nreqoIred to with me plans to be accGs-¢,~nca (3) Land shall be developed in in- , estimated by the City Engineer, and prepared by the City Engineer. crements of workable size such that may ~uMequefltly he modified by the Building permits Ihall be defiled for edequatseroslonendslitatlcmcontFois City based up4m the actual Ints en the side of lhe street where the con he provided as ~ assesomentslevled. Tlle bOnd shall he property Is owned by peremm who progresses. The smallest prBct~el accompanied by surety and carnations hove not entered into an agreement area of lend shell be exposed at any satistscfory to the C3ty to assure the with the City for the installatlofl of the one IMrled of time. City that such improvements Improvements,'required under this (4) WlMfl Soil is e~ the ex- utilities will be actually coflstrucind Ordinance. posure shall he for the shorter lois- by ~e develc~)er according tO the (10) Widths. For all public ways Ibis i~rlod of time., specitlcatlons approv~cl by the City hereafter dedicated and-or accepted, (S) Where the topsoil IS removal, Council as expressed iff the the minimum right*of-way and paved sufficient arable soil shoal be set aslcle Development Contract, and the width for streets, alleys or pedestrian for res~reoding over the develop)ed assessments which the developer has ways included in any subdivision shell area. The Soil shell he restored to a specifiCally agreed to pay in ac- not he lea then the. minimum depth of four (4) inches end shell he of coedence with its contract ere in fact dimensions for each classification es · quality at least equal to the soil paid on a timely bests. The per- follows: quality prio~ to development, formance bond or cash escrow shall be Right-of-Way Paved 13.056 Droluage. conditioned upon: ArterinlStreet .... ,. + + (!) Crown. To insure Collector Street .. 70 feet. 44 feet drelnlge on each individual ~0~,~ (a)Compintion of Improvements. The MinorStreat ..... 40to:st 30tset crownoftheedJacentstreetshoilheat making and installing of the im- Cul-de-Sec~ or least eighteen (18) Inches below ISm provements required under terms Marginal grade of the garnge floor of the of the Ordinance wlfhin the ene (1) Acce~ ServiCe : propeNd structure, year perind, unless tam ,Id one (1) Streets ........ 40 feet 30 feat+~ (2) Stof111 Waterl. Whe~ munl~ipal year period Ii oxtofl4~d ~)y City Alley ............ 30 feet 24 feet storm aswer systems do not exit, or resolution, or by ism City not taking + AS determined by the New Ho~e' ! .the Introcluctlon of said system Is action to compel timely par- Plve Year Trenspertetloh Plan. deemed Inappropriate by the City" formancebythedevelopar, torany '++ For Cul-de-sac see Sectinn 5, - Council, Storm water dralnlge Ihetl I reason. If the City has agreed fo SulXI. C(2). i be discharged to marshlonds, i perform the work, the completion Where the existing or antl¢lpatsd ~ Iwempe, retention basins or other of the Improvements shell be traffic on arterial end collector streets ! treatment facilltlds. Diversion of . performed within the time warrants greeter widths of rights,f- ! storm water fo mershinnds or swamps i established by the Council. way or paved sorfaca: these shall he shall he ConSidered for existing or (b) Complofi4m of Work. Completion · required, p~anned surface dreinege. Marsh- of the work undertaken by the (1!)-Street Grades. Except when, Inngl and swamps used for storm ~ owner or sotXIIvlder In accordance ,upon the recommendatinn of the City water shall provide for natural or wlfh the Development Contrsct Engineer ~ that the topography arflfioial water level cofltrbl, executed by him and for him. warrants a greater maximum, the (3) Aitoratinn of Drainage. No (c)Peymont of Assessments. Pay- grades in all streets, artsrlel$, axistlngdltch, stream~droin, pond, or mens on a timely balls of oil collector streets, minor streets, and drainage canal shell he deepened, assassments against the pram. lees alleys In any subdivision shill not he wldenecl, rerouted or fllle~ without · w~ich the developer has speclf, lcsl- greater than slx (6) percent. In ad- · writtofl permlsolon from the City ly end contractuq, lly agreed to pay. dltien, there shall be I minimum Co4moiI. ', (d)Paymeflt. The payment by the grade on all Sireets end thoroughfares . (4) Drolalga Ways led subdivider to the City of all ex- of not leal then .50 percor4, lla14tleflet Uae. Wtlef~ artificial peases Incurred by the City, which (12) ReverseCgrvas. Tengentlofat Chlnfloia must be cun!tructsd to expenses Ihall Include'but not be least fifty (~)) feet Iff In~gth Shall he Bvgme~lt the neturoi drainage system, limited to expenses for introduced between reverse curves on such ChamwlS os well as the natural e~glneering, fiscal, legal, con- coilecler SirasgL drainage Ways may he pinrmad as part structiofl and administration. In , (13) Reserve Stripe. Reserve Stripe of h rtc3~etJon system, instances where · cash escrow is ~lJng access to ~ shill be (~) Drlinlg~ during ~i~l. submitted in lieu of a .cqrperate prohibited except under comfitlono The droinlge lystem Silill be con- performance boflcI, there shell he · diccepled by the City CmmcII. structed ind operational during the cash escrow agreement or (14) Prlvlts Slra~s. Private streets initial phases of construction. Developmam Contract which shsti shollmeetstondardsasastsblleAedby 33.0~ Prefected Ar~s. Whe~ ldnd, provide ~ in the event the the Planning Commission and ap- ~ for sul0dlvlelofl contains required improgements are not proved by the City Council. drainage ways, water courses, completed within one year, unless (IS) Street Deflections. When floodoble acesh, wetlands or stee~, extsmled by the City Council, .all COflnscting Si~at line~ deflect from siolMs and thus may be unsuitable amounts held under the cash eac~ other a~ any gem point by mor~ for development, the plotting of escrow agreement shell be than ten degree, ~ shelf, be con- those arias shell he COnsistent W~A automatic, oily ~urned over and nected by a curve with a radil~ limitations Ia that riot more ~ delivered to l~e City and applied Idequatl to insure i Sight dlstlmce of lvmnty~lve (2S) perceilt of the by the City to the COSt of not Ifil than three hundred (340) feet minimum lot ar~ contains wetilnd ptoting the required Im- for mires' loci collector ~ erKI of lOft ~ wl~r bodle~, ~ provemeflts. If the funds available luCh grseter radius Is the City Council Courts, drainage ways or fiend wly within said cash e~aw agreement are not sufficient to complete the corner or ongle on the outside tx)un- (9) Street lighting fixtures os may required Improvements, tho cisry of the final plat. The boundory be required by the City Council shall necessary ~clditlenel. cost to the line of the pro~erty to be InClUG~cl With be installed. City may be assessed against the the plot to be fully dimensioned; ell t3.075 Public Utilities. subdivision in accordance with onplesof the boundary excepting the (1) Placement of Llnes~ All the ~ssessment procedures os closing angle to. be Indicated; all utility lines for telephone and electric · regulated under Minnesota monuments and surveyor's Irons to bo . servlco shall be placed In rear-line Statutes, or the Cloy may, et its Indlceted, each angle pofnt of the easements when carried on overhead option, proceed against .these boundary perimeter to. be so poles. persons who agreed to pay the monumented. (2) Underground Linos. Where sums Involved. Any balance (2) Pipes or steel rods shell be telephone, eleclric and gas sorvice remaining in the cash escrow fund placed at each lot end of each In- lines ere placed uno~rground entirely ,~ftor such Improvements have tersecflon of street cenfor Ilne~. All throughout · subdivided area, con- been made and ell expenses United States, Stele, County or other dulls or cables shall be placed w~fhln therefore have been paid, shell be official bench marks, monuments or easements or 0edlcofed public ways In returned fo the subdivider, i trlonguleJ' stetlof~s In or adlacent to · manner which will not conflict with 13.0621nspoctlenotlmprovements. All ~ the property shall be praserved In other underground services. Further I~'eclse position end shell bo recorded required land Improvements fo be i transformer' boxes shall bo located ~0 installed under the provisloflsof this en the plat. All ldf and block dlrnen- es not to be heZorclo~s fo the public. Ordinance shall be Inspected at the i Siena shall be shown en the plat and oil All drolnege and underground utility subdivlder's expense during the necessarY ongles pertolnlng to the ~ Instellotions Which traverse privately course of conetructlen. Such In- ond blocks, es on eld to future Surveys owned property shall be protected by spection shell be by the City shell be shown en the plot. No ditto easements. Engineer or on Inspector oppolntad marks shall be po~'m]ttad in Inclicaflng 13.076 City Electldfl fo Install Ira- by the Council. dlmensIonl, provoments. Tho City may, In Its 13.063 Building Permits Withhold. NO C3) To Insure that ell irons and discretion, elect to Install oil or any building permit shall be Issued by monuments ere correctly In place part of the improvements con- any governing official for the con- following the final grading of · plot, dlfloned upon fha developer structien of any t)ullding, structure second monumenfetlon shall be providing · bond guaronteetng nr improvement on any land required. Proof of. the Second poymenf for the cost or asseesments required fo be subdivided by this monumenfotlon shah bo in tho form of as acceptable to the City. Ordinance until all requirements of · surveyor's certificate and this 13.077 City Topogrophle ,Map. Tl~e this Ordinance have. been fully . requirement shell additionally he _a subdivider Shall revise the Cloy complied With. . condition of the certificate of oc- toPogrophlc mop af his expense to 13.07 Reqofred Imprnvemeats. '. cupency as provided for In the Zoning . conform with elevations es revisad 13.071 Gmtm'ol Ordinance. for sulxIIvislon purposes. (1} Staff Approvals of Plot. No fines ; 13.074 Sfresf Improvements. 13.078 ~oilro~cl Crossings. NO s'n-eef plat shall be approved by the Council (1) The full width of the right-of-way dedicetions will be accepted which wlthootflrstrecelvlngoreportsigned ; shall be graded, Including fha require .a croselng of · rellroacl. by the City Engineer and the City subgrode of the areas to he paved, In .'unless sufficient land is dedicated to Attorney certifying that the Im- eccord6nce wlth standards end provide for · clear and safe provements described therein, speclflcotlons for street conltructlen proach view as determfned by'the together with the agreements end es outlined In Sections S and 9 of this CIIy Council and Minnesota Public documents required under Section 7 of Ordinance. Sorvtce Commission. this Ordinance, meet the (2) All streets shall he Improved 13.0~ Improvemeel Schedule requlremeflts of the City ond cur- with pavement in accordance with the 13.081 Profile Street Grede. Prior to ttficetlon by the City Clerk-Treasurer standards end 5peclflcatldns for street granting of any building permits that ell fees required to be paid to the construction as required tn Section 9. within a new subdivision and prior to City In connection wlth fha plat have (3) All sfreets to be sortoced shall be the construction of any Ira- been paid. of anoverall width in accordonce with provemenfs a utility' nature, the (2) Porter.mince Bonds. The City of the standords ond speclflcotlons for developer sholt establish a profile New Hope shall where approprlato construction es approved by the City grade fur all streets therein fo a City require of a subdivider submission of a Council. The portion of the right-of- approved sob-grade. Upon approval bond acceptable In form end surety fo way outside the area surfaced shall be by th® .City Engineer, the sold · the City In the amount equal to one and sodded or rtprapped by the developer streets may be cut to grade, Instead one half (11/2) times the original cost of if deemed necessary, of sub-grads. the improvements, which shall be (4) Curb and gutter will he requIrecI- i3.0~2 House Services. Each ho~ force for one year followlng the final on oil streets according to servicecurbboxshall be installed at acceptance of any requirement ira- · specifications for street construction the property linc. During con- provements and shall guarantee as set forth In Sectldn 9. All curb struction each curb box shall bo Satisfactory performance of the Said corners Shall have a radius of not less approprlofely marked ond prior to Improvements. than fifteen (15) feet' except ut final approvol by the City each curb (3] "As Built" Orowings. Where. collector and marginal access streets box shall be Inspected by the C:lty for Improvements are not Installed by the where they shall be not less than damage. House services for woter City, reproducible "as built drawings" twenty-five (25) feet. . and Sanitary sewer moy be pieced In shall be furnished to the City by the (S) The grade and drainage the Same trench If copper water subdivider of all required im- requirements for-each.nile shell be service and cast Iron soil pipe are provements. Such "as built drawings" established bY the City Engineer et the used. · shall be certified to be true and nc- expense of the applicant. Every plat 13.083 Locetion of Buried Utilities. All curate by the registered engineer presented.for flnol signature Shall be buried utilities shall he placed In the responsible for the Installation of the accompanieq by a Certificate of the street right-of-way In the following improvement. City Englneer that the grade ond location unless approved otherwise (4) No final plat shall be opproved drainage requirements have been by the Council. by the City Council on land sublact to met. In an area not having municipal (I) Sen~to.ry Sewer. Centarllne of flooding or containing poor drainage storm sewer trunk, the applicant shall street. facilities, and on land which would be responsible, before platting, to [2) Water Main. Twelve (12) feet- make adequate drainage of the streets provide for a storm water disposal . North or East of centerllno. end lots Impossible. However, If the plan, without damage to properties (3) Storm Sewer. Ten (10) feet South subdivider agrees to make Ira- outside the platted area, and Said or West of centerllne. provements which will, in the opinion storm water disposdl plan shall be (4) Water ond Sewer Sorvlces. Af of the City Englneer, make the area submitted fo the City Engineer who center of each lot. If not In · common completely Safe for resldentlal oc- shall report to the City Council en the trench, water service shall he et least cupancy and provide adequate street feasibility of the plan presented, fen (10) feet upstream of the sewer end lot drainage and conform to ap- (6] Set.eeO trees having a trunk service ut center of lot, sold sewer pllcoble regulations of other agencies dlemetor (measured 12 Inches above Service to be toward the lower end of such as the U. ~. Corps of Engineers, the ground) of not less then two (2) lot, es specified by the City in in- or the Department of Natural inches shall be planted along ell dlviduel cases. Resources, the final plat of the sub- streets where trees do not exist, one to (5] Gas Main. South end West of division maybe approved. In addition, a lot. This requirement will be Street centerllne and eleven (11) foot such plots may not be approved If the satisfied, and It is preferable If an from property line. cost of providing municipal services to equivalent number of frees of the - (6) Telephone Lines. North and East protect the flood plain area would same size exist or ere planfeq In · of Street cenferllne and eleven (!1) impose an unreasonable economic naturalistic Way In the front yards of feet from property line. burden upon the City. the edlotntng lots. Street trees shall be 13.0e4 Sfrncf Surfocing. All streets and t3.0Z2 Wotor ond Sower Focilillas. planted in at least one (1) cublc yard alleys shall be surfaced in ac- Sanitary sewers, and water of growing soil. Boulevard sodding cordance with the following distribution facilities shell be In- shall be planted in conformance with specifications: stalled by tho City end' costs the standards end specifications es (1) Standard Cross Section. All assessed In accordance with the required In Section 9. residential streets Shall be con- assessment procedures es regulated (7) Street signs of the standard strutted to conform to the New Hope under A~Innesote Sfafutee No. 429. deslgnasspeclftedlnSectlongshellbe Sfanclard Street Cross Sections as 13.073 Monumonts. installed at each street Intereeclldn. shown on Standard Detail Drawings (1) Official monuments, as (S) Driveway approachesond or 101A through I08A. designated end adopted by the Hen- sidewalks of standard doslgn or (2: Procedure. Street construction nepln C. mmty Surveyor's Office end pedestrian pathways as moy be shall proceed in the following manner e~praved by the Hennepln Co~ re<luired by the City Co~mtll shell be onless otherwise approved, lnvfl'itlng, District Coo;re for use as judicial installeci in conformance with the by the Engineer'. monuments, shall be eel et each standards end s~Geclflcotlons con- rained in Section 9. (a)Atter thedeslgn street grades have basins or gate valve (3) Three hundred (300) ~ be~n approved by the Engineer, boxeS, at his own Per s c lUSts yard of Surfacing the street shall be cut to ft~ ap- expense, mix shall be applied in graved grade and immediately (b)Cea~rete Curb and (1) layer. Sulx:ut to the elevation of the Gutter and Drive- buttom of the base. All unstable (4) Paving will be permitted materiel shall I~e removed and way ApreS. s. o~ly after base has been backfllled with stable matorlaf as .{1) construcfi~m grace- Inspected and approved by dura and methods the Engineer.- approved by the Engineer, The shall be in acc~r- subgrade cenferllne shall be (5) An In~ tarnished by profiled prior to installation of 'dance with Mlnne- the City shall be on the sots Highway De- site during the paving utilities to Insure compliance with barfment specifics- constructlcm. . design grade and the profile tlon Section 2531. (e) Seal ~eat. Submitted fo the Engineer for his and in acCOrdance approval, with Standard De* (li Cgnstructl~n pr~.edure-ano (b)The developer may provide a fall Drawing lC3~A, n~,theda shall be in ac* temporary gravel surface during (2) No curb 'shall be cordance with M, InneSuta Instelletlon of utilities and con- installed without Highway Department Specification Sectl~ 23S~. structlon of homes Sufficient to approval of the (2) Seal Ceaf ~tafl not l~e aP- carry traffic. Temporary drafn~ge Engineer. plied lest than two shall be malntalns~ at all times. (3) VVhere curb is to be m~nths attar completion No permanent driveways shall be Installed over sar- paving and shall not be constructod in the right-of-way vice trenches less applied wlff~ ap~rovaf of until after the Installation of than e~e (1) year the Engineer. concrete curb and gutter. The after Installation of (3) Seal coat may be delayed contractor shall provide a utilities, special one (1) year from cam- bituminous dust coat, at his own compKtl~n shall be pletion of paving. expense, If i'equlred by the required .over said ¢4) An Inspector furnished by Englnoer. tre~-..hes. Two (2) the City shall be on Ihs (c) Concrete curb and gutter shall ho No. 4 reinforcing site du,'lng the seal C~It constructed, upon approval of the bar~ shall be ira- application. Engineer, only after all utilities bedded In the curb to (f) Sod, Boulevar4 Tree~, ~ and services are in place, extend not less than Signs. Boulevard sod, boulevard trees, five (s) feet beyond (1)Construction procedure and and street signs shall be Installed each edge of Said methods for sod shall be in after ~)mpletton of curb. . trench. This rein- accordance with Minnesota (d)Prlorto placing permanent gravel forcing Is .required Highway Department base, the sub-base shall be regardless of whe~ Specification Section 257&. regreded as neces~ry to provide curb Is placed. (2) Sodding shall be done after for a full I" of Kceptable gravel (4) Any damaged or completion of curb and base and three (3) inches of broken curb or any . gutter., bituminous surfacing. All soft curb not meeting the (3) All water service curb boxes ~pofs and settlement shall be above specifications shall be adjusted to grade at eliminated. Any gravel base shall be removed time of Installation of sod. piked as temporary gravel sur- immediately upon (4) It shell be the respo~lblllty facing that is contaminated with written order by the of the contractor to finish subgrade material shall be Engineer and grade the boulevard in removed. After. the sub-base has replaced et the cordance with City Street been approv~cI by the Engineer, contractor's ex- Standard Cross-section the contractor shall pike and pease. compact the permanent gravel (5) A concrete Sheetl01A, and to protect ell survey monuments and base. All manholes, catch basins driveway apron and gate valves shall be adlustod extending from the property irmls and shall to the design grade by the con- back of the curb to replace any that are tractor prior to paving, the property line disturbed Gr~destroyed. (e)No paving shall be allowed untl~ shall be constructed (5) One (1) 2M2" to 3" caflper the base has been Inspected and in accordance with approved street tree shall be provided for each lot. If approved by the Engineer. There details shown on planted wlthth ~ public shall be a paving Inspector fur- Standard Detail right,f-way, the tree shall nlshed by the City on the lob elto af Plate 10~A. ' all times and the contractor shall be planted five (S) feet notlty the Englnser In sufficient (c) Base. behind back of curb at the time, no less than twenty*tour (24) (1) Construction l~'ocedure and. approximate clfltor M each hours prior to paving, to schedule methods shall be in K- lot, but not over sewer an Inspector to be present, cordance with Mlnnelota service. Developers are (f) A peegrevel er slurry seal coat as Highway Department encouraged, however, fo determined by the City shall be Specification Section 2202. plentstreetfreesonthe lot In applied to the finished street. Seal (2) ClessSor 6 gravel base shall conformance with Section S, coat shell not be applied .until ell be used. SubcI. D soft spots or breakups have been (3) Test results of the base (6) Street signs shall I~e located repaired end until the adlustment material shall be submlttsd at each intersection as of ell manholes, catch basins and for approval to the Engineer shown on Standard Detail gate valves have been checked by to verify compliance with Plate 104A and shall be Iff the City. Section 3138 of the Minnesota accordance with Standard (3) Construction I~equiramanti. Highway Department Detail 103A. Construction shall be Iff accordance specifications prior to In- with all requirements of the most stallatlon. ' 114} Inspection. Inspection necessary to determine compliance with the current Minnesota Department of (4) Any temporary gravel above specifications will be provided Highways specification sections surfacing above the design by the City. The developer shall notify hereinafter referred to unless subbase that doesnot meet a the Engineer In sufficient time to specifically changed herein. Class 5 gravel SpeCification schedule Inspectors as necessary; In. - shall be removed. (a) Gradlna. no case shall such notice be less than ' (1) Construction proce- (5) NO permanent gravel base 24 hours prior to anticipation of work. shall be constructed until the dura . and methods sub-base has been Inspected (5) Faulty Work. Any work which, In the Opinion of the Engineer, does not shall be In accor- and approved by the dance with Mlnne- Engineer. meet the above specifications shall, sate Highway De- (6) Four (4) inches of uponwrltten order from the Engineer, pertinent Specifics- bituminous base In lc- be removed immedlately and repIKed tiaa Sectlons 2105, cordance with Minnesota and corrected by the developer at his 2106 and 2110. Highway Department own expense. The cast of all inspection (2) The entire right-of- Specification Section 2331 and Supervision required to Insure way shall be graded may be SUbStituted for Class correction of the unacceptable work to the approved 5 gravel bess. and all tests necessary to Insure that design grade as (d) Surfacing. such faulty work has been corrected shown on . Detail (T)Consti"ucTIon prOcedure and shall be paid for by the contractor. The Plate 101A. methods shall be In' ac- City will not accept any street for (3) If shall be the cordance with /V~innesota permanent maintenance until after reslx~$1biltty of the Highway Department correction of faulty or unacceptable contractor to protect- Specification section 2341. construction. from damage all (2) Copies of test reports and ¢6] Incorporation. Minnesota High- existing utilities and proposed mix proportions way Specifications Sections 2105, 2106, shall repair Ira- shell be submitted to the 2110, 2202, 2341, 2356, 2531, 2576 end mediately any Engineer for hie approval . 3138 are hereby incorporated by demagethereto. The and shall designate the reference es though fully set forth contractor shall amount and type of herein. Three copies of said r · m o v · I m - materials to be used for specifications ahll be filed in the City mediately any send, prime and seal coat. Clerk's office for Inspection end use of gravel or other the public and shall be marked with material from the the wo~ds, "The City of New Hope-- manholes, catch official col)y." Standard Detail Drawings 101A 13.10Variances Council within sixty (60) days ~fter through 10~A, are hereby Incorporated 13.101 General. receiving the wrltte~ applicatio~ from by reference as though fully set forth (1.) The Planning Commission may the City Clerk. The granting of · herein. Three copies of said drawings recommend · variance form the variance shall require the affirmative shall be flied in the City Clerk's office provisions of thls Ordinance when, In vote of 4-Sths of 11~ full Council. for Inspection and use of the public and Its opinion, undue hardship may result ' 13.11 Fm Shall be marked with the worsJs, "The from strict cempllance. In racom- 13.111 To defray administrative costs City of New Hope---official copy." mending any variance, the Com- - ' for Pr°cesslng' of subdlvlelon 13.09 Registored Land Surveys and mission Shall Prescribe only con- plicetlo~s, variances or appeals, · Conveyance by Motes and Bounds. dltlo~s that it deems necessary to or base fee ' of twefltySIve dollars 13.091 Registered Land Surveys. It le desirable for the public Interest. In (S2S.Q0) per ·ppi·caslon shall be paid the Intention of this Ordinance that making its recommendations, the by all applicants. all registered la·el surveys in ~he planning Commission shall take into 13.112 thor der fo defray the additional City of New Hope Should be ·ccourd the nature of the Pro~xm?d use cestofprocesslngsaldaPl~licatlam, presented fo the Planning Com- ~f land and the existing u~e of land in all applicants shall pay the total ce~t mission in the form of a plat In the vicinity, the number of persons to · . of staff and"or consulting time Slant accordance with the Standards set reside or work In the proposed sub- exclusively in 'producing met·rial· ~ in this Ordinance for plats division and the probable effect of the for the apl)licaof'a request, pl~s ill and that tt~e Plar~qlng Commission proposed sulxllvlsIon upof~ traffic material costs for S~Id request. shall first approve the condltlmIs In the vicinity. A variance (1) t~Aaterlals" shall Include, but not arrangement, sizeS, and shall only be recommended when the be limited to maps, graphs, charts, relationship of proposed tracts In Planning Commission finds: drawings, etc. and asll printing or such registered land surveys, and (a) That there are special cIr- reprnductlo~ of same. that tracts to be used as easements cumstances or conclltlons affecting (2) "Staff enG'"or CQs~sulting Time" or roads should he SO dedica~ by said property such mat the strict Sl~ll Inclucle any time ap·of in separate instrument. Unless I ·pl~tlcatlon M the provisions of this . eilt~ researching for or actual recommendation has be~t e~. Ordinance would deprive the production of materiels. leaned from the Planning COrn- applicant o~r the reasonable use of (3) The hourly rate f~ "staff and-or mission and approval from the City his land. consulting time" shall be Coum:ll, Iff accordance with the (bi That the granting of the variance established and made available to Standards set ~ in this Or- will rot be detrimental to the the appllcant by the Clty Clerk prior din·nc·, building permits will he public welfare or IfllurlOusto other to p~duction of any materials ·nd withheld for buildings on tracts property In the territory in which the applicant ~hall be given · which have been SO ~ubdIvi~ed by property Is $1tuatsd. reasm~ble estimate of Prolected registered land ~urveys ·r~l the (c) That the variance Is tO correct time and"or material City may refuse to take over tracts Inequities resulting from eft ex- ~13.113 Fees shall be payable at 1rte as street~ or roads or fo improve, treme physical hardship SUch is - time ~ preliminary plat is ~ repair or meant·In any such tracts topography, et~c. misted to the City Clerk and are unless se approved. All registered After consider·tach of the Plamtlng , return:labia unless application land surveys shall he subleut to ell CommiSsion recommendations, the ' wlthdr·wn Prior to reft~rrel to rite of the requlr_eme~ts of thle Or- City Council may grant variances, Planning COmmlSsio~. A ~po~It to din·nc· for plats, except where 'sublect to (a)o th) and (c) im- cover staff or c~'~ultlng time end Inconsistent with State law per- mediately above, special meterlal~ will be established talnlng fo registered land surveys. (2) Any recommendations for and required by the City Manager et 13.092 C~vayanea by Metes and variances to the City Council In con- the tlme the base ts~ Is paid. Where Bounds. No conveyance of t~vo (2) ri·etlon with the acceptance of the said costs of staff end-or consulting or more parcels in which the land final plat of a subdivision shall be time exceed the Initial deposit, conveyed Is described by metes made through the Planning Com- monthly billing statements shall be and bounds shall be made or mission, forwaro~l to and subseClUently paid recorded if a parcel described In (3) The application for any variance In full by the al:~Olicant within thlr~ the conveyance is five (5) acres or shall be made in writing at the time (30) days of receipt. No appllcaticn less in area and three hundrod when the Preliminary plat Is filed, for plat approvaI shall be granted or · (300) feet in width or less, unless Said application shall include the approved until all fee statement such parcel was a separate parcel specific variances requested, the balances are paid In full. of record at the e~fectlve date of location of those variances end how It Sectle~ 2. Effective Date. This this Ordinance. Building permits varies from the provisions of the Ordinance shall be in full force and will be withheld for buildings on Ordinance. The written application effect after Its passage and tracts which have been aubdlvlded shall be submltled to the Planning publication. and conveyed by this method and Commission for their advice end Passed by the City Council of the the City may refus~ to take over recommendation, and the Planning City of New Hope -this 14th day of trect~ es streets or roads er to Commission shall report on the February, lf%7. ' provisions Sat forth above. The -s- Eo~tterdJ. Erlck~on, ARa~for Improve, repair or maintain any Planning Commission shall submit such tracts, their recommendations to the City Attest: -a- Betty Poullot, Clef'k- Treasurer ATT E ST: ~~~ ~ ,,,-'-~'~ ~ C}~y~Cl~rk-Treas ure r Published in the New Hope-Plymouth Post issue of April 21, 1977 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 1977. Adopted by the Council this 14th day of Februa~ 1977. J EdwarUy~rickson~ Mayor ATTEST: C ~k-Treasurer STAYE~OF'MIN'NESOTA ) 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 it's meeting on February 14, 1977 as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in my of f i ce. Dated this 14th day of February, 1977. ~,, B tty~liot, Clerk-Treasurer seal A RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF NEW HOPE, MINNESOTA GRANT APPLICATION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. WHEREAS, the City of New Hope, Minnesota has executed a joint powers agreement with Hennepin County thereby agreeing to parti- cipate in a Grant Application under the Urban County desig- nation 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 appro- priate citizen participation, goal establishment and imple- mentation plans and procedures, NOW, THEREFORE, BE IT RESOLVED that City Council, City of New Hope~ Minnesota does hereby adopt the proposed Community Develop- ment Plan and Program and Housing Assistance Plan contained in the attached application for Federal assistance and authorizes submission of said application to Hennepin County as the Urban County Community Development Block Grant appli- cant. Adopted by the City Council of the City of New Hope, Minnesota at a regular meeting held February 14, 1977. Signe ATTEST: '~Clerk~Trea~urer RESOLUTION AMENDING 1977 OPERATING BUDGET FOR THE SWIMMING POOL AND AUTHORIZING TRANSFER OF FUNDS TO BALANCE THE 1976 SWIMMING POOL BUDGET WHEREAS, the 1976 operating statement for the New Hope Municipal Swimming Pool has been received~ and WHEREAS, the pool had a net loss of $18~618.33 for 1976 with a cash defi- cit of $6,058.58~ and WHEREAS, it now appears that the 1977 Budget as originally adopted by Council is not realistic because of limited revenues, NOW~ THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, Minnesota, that: I. The 1976 Budget on a cash basis, not including depreciation is to be balanced by a transfer of $6,058.58 from 1976 General Fund surplus and the Finance Director is hereby directed and authorized to complete said transfer. 2. The 1977 Operating Budget is to be amended to provide reve- nue of $46~900 and expenditures of $46~900. The revenue shall include a $1.00 per season ticket price increase; a $1,00 charge for pool use for persons enrolled in the swimming instruction program and a charge shall be made to the swim club for use of the pool for the annual swim meet. Revenue shall then be budgeted at: Resident Season Tickets $24,500 Non-resident Season Tickets 3,300 Daily Admissions 12,000 Concessions 6,000 Rental 200 Instructional Fee Use 900 $ 46,900 Operating costs shall be reduced by operation of an 85 day season rather than 93 days. The Expenditure Budget shall be: Personnel Services $23,880 Supplies 6,210 Other 15,010 Sales Tax I.,800 $ 46,900 Adopted this 14th day of February, 1977. reasurer RESOLUTION SUPPORTING STATE LEGISLATION TO PERMIT ELECTION JUDGES TO SERVE OUTSIDE OF PRECINCT IN WHICH THEY RESIDE WHEREAS, it is often impossible to obtain able and qua ified election judges of the major political parties, who reside within the precinct, to work at the various polling places on election day; and WHEREAS, under Section 204A.17 of the Minnesota Election Laws in cities of the First Class, election judges are now permitted to work in precincts other than the precincts in which they reside; NOW THEREFORE, BE IT RESOLVED that the New Hope City Council does hereby request that the Minnesota State Legisla- ture amend Section 204A.17 of the Minnesota Election Laws to specifically authorize all statutory cities to use election judges in precincts in which they do not reside; and BE IT RESOLVED: That such election judges be authorized to vote by absentee ballot in their own precincts so that it will not be necessary for them to leave their posts to vote on election day; and BE IT RESOLVED FURTHER: That Senators Emily Anne Staples and Hubert H. Humphrey, III and Representatives Lyndon Carlson, O. J. Heinitz and Leo Adams be urged to take any steps which may be necessary to implement this proposed amendment (SF 335) to Section 204A.17 of the Minnesota Election Laws. Adopted this 28th day of February, I977. - G~rk-Treasurer RESOLUTION ADOPTING A PROGRAM OF AFFIRMATIVE ACTION WHEREAS, the City of New Hope desires to provide for equal opportunity for employment for all persons, specifically in the areas of minorities, women, physically impaired and the elderly and desires that policies be formalized by a resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED that the City of New Hope will adopt and practice.the following policies in the areas of employment: STATEMENT OF AFFIRMATIVE ACTION The Personnel Board and the City 'C'ouncil of the City of New Hope sincerely desires that every person be given a full and equal opportunity for employment, training and promotion within the general and immediate level of government which it operates, and within the broader community from whom the City purchases goods and derives services. It shall be the policy of the City of New Hope to provide employment opportunities to all persons regardless of race, color, creed, religion, national origin, sex, marital status, and status with regard to public assistance or disability. The City refuses to hire or to maintain a system of employment which unreasonably excludes.a person seeking employment or to discharge an employee or discriminate against a person with respect to their tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment. GENERAL PROVISIONS The City of New Hope has established a City Personnel Board in accordance with the provisions of the Civil Personnel System Ordinance. All meetings of this Board shall be held in the City Hall and shall be open to the public. The powers and duties of the Board shall be those prescribed by Laws 1951, Chapter 675, as amended, of the Civil Service Personnel Ordinance. The declared personnel and City policy of New Hope is that:' 1. Employment in the City service shall be based on merit and fitness, free of personal consideration. 2. Just and equitable conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government. 2. Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 4. Appointments, promotions and other actions of the Board shall be on systematic tests and evaluations. 5. Tenure of employees covered by the rules shall be subject to good behavior, the satisfactory performance of work, necessity for the performance of work and the availability of funds. -2- 6. There shall be no discrimi~nation against any person seeking employment or employed because of any considerations of political or religious affilation or belief, or race, sex or age or national origin. 7. The personnel rules and regulations shall apply to all City employees whether or not covered by classified service unless there is specific law or agreement to the contrary. RECRUITMENT. F~r the past five years, New Hope has placed job announcements in the Minneapolis Spokesman, anew. spaper for the black community. This is a policy which the City Council and Personnel Board does strongly support and shall continue. Evaluations will be continually made on all minority newspapers to determine how we can expand their use in advertising all City job vacancies. The City of New Hope has in the past and does plan to continue to notify all public and private agencies which represent minorities to determine their interest in receiving notification of position vacancies for the City as they become available. Those who are interested will receive notification of all open competitive positions available. The City of New Hope has worked and will continue to work closely with civic groups in soliciting their assistance in the recruitment of minorities for all vacancies to insure maximum communication with minority communities. Statements of equal opportunity employment have been included in all recruitment advertising and the City does pledge to continue to do so. EMPLOYEE SELECTION AND PLACEMENT 'The Personnel.Board of the City of New Hope prepared and'adopted Revised ~brsonnel Rules and Regulations~for'the City on October 29, i969.- The City Council approved these policies and they became 'effective on November 15, 1969. All job classifications of City positions were carefully evaluated and appropriate job specifications were developed. It is extremely important that New Hope regularly evaluate the appropriateness of qualifications for each job classification. Particular notice will be taken of the ability to select minorities, women, and physically impaired persons in considering these qualifications. Special effort will be made to utilize minorities and women on all oral examination boards. -2- New Hope has in the past and will continue to participate with the Twin Cities Urban Corp Program, the University of Minnesota, Independent School District #281, North Hennepin Junior College, and the North Hennepin Technical Institute and other such educational programs for students. The City staff and administration will strongly encourage minorities, women or physically impaired persons to apply for these internship positions and shall make them available to such individuals whenever possible. TRAINING Specially conducted programs have been offered and will continue to be offered on a periodic basis to help City employees increase their awareness of different cultural or ethnic backgrounds. Training will be provided to supervisory employees to increase their awareness of the difficulties which minorities face in establishing and maintaining good working relationships. The City of New Hope offers an educational incentive program for employees who wish to seek education opportunities related to their employment. If the employee is requested by the City to enroll in a course, the employee will be provided full reimbursement of the costs. Partial reimbursement of up to 75% of tuition and books can also be obtained for courses that are job related but not required; providing the course is approved by the City Manager and there is adequate training money budgeted to cover the cost. These opportunities have been important in providing employees the opportunity to expand their career development and to consider career advancements. Special effort will be made to make this program available to minorities, women, physically impaired and older employees. CONTRACTS The City of New Hope will include in all contracts for materials, supplies, construction, or services a space for the vendor to signify his intent to comply with the following provisions: 1. That, in the hiring of common or skilled labor for the performance of any work, no contractor, material supplier, or vendor, shall by reason of sex, race, creed, or color discriminate against the person or persons who are citizens of the United States and who are qualified and available to perform work to which such employment relates; 2. That no contractor, material supplier, or vendor shall in any manner discriminate against or prevent the employment of any such person or persons from the performance of work Under any contract on account of sex, race, creed or color; 2. That this contract may be cancelled or terminated by the City of New Hope and all money due or to become due hereunder may be forfeited for the second or any subsequent violation of the terms or conditions of this contract. The City of New Hope will maintain a list of local minority firms with goods and services that could be used by the City and agrees that whenever possible, the City of New Hope will seek out such firms and make them aware of the opportunity to bid for City goods and services. COMMUNICATION OF AFFIRMATIVE ACTION PROGRAM Initially the City's Affirmative Action Program policy will be printed and distributed to each employee. After the initial notification, copies of the policy will be made available to all new employees. Affirmative Action Program will be posted on all department bulletin boards in each City department. Several programs will be established to explain the purpose of the City's Affirmative Action Program, to clarify the City's position on this policy and to answer any questions that management or staff may have regarding the policy's intent.. S~bsequent programs will be conducted annually or as necessary, to communicate and clarify modifications in the program based on changes in policy or in changes in Federal or State Legislation or regulations. Orientation programs will be held with appropriate union leadership to clarify the City's Affirmative Action Program in the same manner as it is clarified with management staff. It will further be emphasized in these sessions that it is the City's intent to fully comply with the policy to develop programs in cooperation with various unions to insure a maximum participation on their part in making the Affirmative Action Program effective. The City shall appoint a top management person as the Affirmative Action and Equal Employment Opportunity Officer. This person's duties shall be to coordinate the City's efforts, to advise and assist staff and elected officials, and to serve as the focal point for any complaints. The Affirmative Action Program shall be posted on all bulletin boards in all offices used by the City for recruiting. Copies will be available and placed in prominent locations for review by job applicants. Edward ~Y~Erickson ~/ Mayor Attest:~~ City Clerk-Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF NEIJ 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 F,~eeting on March 14', Ig77, 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 14th day of March, 1977. Bet~ ~)6ul iot City Clerk-Treasurer AFFIRMATIVE ACTION - RECRUITMENT POLICY CITY OF NEW HOPE Equal Emplosment Opportunits Polics It is the policy of the City of New Hope to recruit, hire, train, and promote employees without discrimination because of race, color, creed, religion, national origin, marital status, disability, status with regard to public assistance, political affiliation, sex, or age; except when a bona fide occupational qualification. Furthermore, it is our policy to take affirmative action to remove any disparate effects of past discrimination because of race, color, creed, religion, national origin, marital status, disability, status with regard to public assistance, sex or age; except where sex or age is a bona fide occupational qualification.. This policy applies to all levels and phases of personnel administration such as recruitment or recruitment advertising, testing, hi ring, training, promotion, transfer, leave practice, rates of pay, selection for supervisory position and employee benefit programs. All employees of the City, as well as employment agencies, labor organizations, and advertising agencies with whom the City deals, shall be informed of this policy statement. Failure of any employee to perform in a manner consistent with this policy shall constitute grounds for reprimand, suspension, demotion, or dismissal from this City's employ. The City of New Hope submits this policy to assure its commitment to a program that provides an Equal Employment Opportunity to all persons on the basis of individual merit. Personnel Practices - Job Classifications The personnel practices of the' City are based on the principles of Equal Employment Opportunity, and are conducted in accordance with our affirmative action program. A written position classification exists for all full-time, part-time, and seasonal positions. These classifications shall be kept up to date and will be revised when necessary. The job classification shall include a position title-characteristics of the job- examples of the work- and minimum qualifications. Copies of classifications shall be available to all employees and prospective job applicants. Position or Job Titles and the minimum qualifications contained in written descriptions shall be used in all recruitment adVertising. The minimum qualifications 'of each position classification or job description shall be periodically reviewed by the Affirmative Action Officer to determine if all qualifications are job related. Personnel Practices - Recruitment The City of New Hope shall advertise all job openings in at least the following newspapers: Minneapolis Star and Tribune, North Hennepin Post, Minneapolis Spokesman, St. Paul Recorder, and Twin City Observer. All job advertisements shall state the title of the position-the minimum qualifications-where applications can be obtained-salary-etc. All job advertisements shall contain the last day of filing an application for a job, not less that 10 days for all permanent positions and 5 days for temporary part-time, and seasonal job openings. All job advertisements shall include the statement: "An Equal Opportunity Employer". All job advertisements for full time positions shall be posted on department bullet.in boards and the City of New HoPe shall encourage promotion of employees from within the organization to higher level positions. If positions do not currently contain a proportion of protected class employees which is equivalent to their representation is in the labor market, then job advertisement shall include the additional wording: "MinOrities and l,~omen Are Encouraged To Apply." The City of New Hope shall utilize those organizations concerned with improving the prospects of minorities and females in the development, implementation and operation of the City's affirmative action program. Those agencies we w. ill contact include: Minnesota Department of Manpower Service - 309 2nd Ave S., Mpls Minneapolis Urban League - 3750 4th Ave S.E., Mpls ~ - 1121 12th Ave N., Mpls Afro/American Study Program, U of M - Rm. 214 Social Science Bldg. 267 '19th Ave S.E., Mpls Minneapolis Regional Native American Center - 1530 Franklin Ave E., Mpls Chicano Studies Dept, U of M - 489 Ford Hall, 224 Church St. S.E., Mpl s Pilot City Regional Center - 1315 Penn Ave N., Mpls Twin Cities Opportunity Industrialization Center - 834 N 7th St., ~ Mpl S Upper Midwes~t American Indian Center - 1113 W. Broadway, Mpls The City of New Hope shall notify local manpower development and place- ment agencies when we have positions available. Those agencies we will contact include the Minnesota State Employment Service. By contacting the Minnesota State Employment Service Job Bank - 339-7781, listings of the position opening will be at all the Metro area State Employment Agency offices including the offices in Hopkins and Crystal. We will maintain a file of the names, addresses, skills, etc of the persons referred to us by those agencies, and from other sources. This file shall be kept for no less than 2 years. Job application forms of the City of New Hope shall include only job related information according to the Equal Employment Opportunity Commission. Additional information on an applicant may be requested after the applicant is hired, for record keeping or applicant tracking purposes. It shall not be used in the selection process. The applica- tion the City of New Hope uses meets E.E.O. guidelines and is located in Appendix "A". A record of all applicants will be kept on seperate Applicant Tracking Forms which indicate the sex and race, job category and position of the person receiving the application. This should be filled out by the applicant and kept separate from the application. This information is not to be Used for selection purposes. The Tracking Form is found in Appendix "B". Personnel Practices - Testing The City shall not refuse or discourage examination eligibility on the basis-of race, color, creed, religion, national origin, political affiliation, disability, marital status, status with regard to public assistance, sex, age, or because of failure in a previous examination. All performance, ~ritten, and oral examinations of candidates for employ- ment shall be confined to the examination of those factors which are relevant to the actual performance of the job. The Affirmative Action Officer shall conduct assessments of the testing method job related validity. Uniform grading standards shall be applied to each individual exam without regard for race, color, religion, national origin, political affiliation, disability, marital status, status with regard to public assistance, sex or .age. Personnel Practices - Selection and Hirin~ All applications for employment with the City of New Hope shall be reviewed to determine if applicants meet the minimum qualifications for the position. Applicants who do not meet the minimum qualifications shall be so informed by written notice. The~selection process shall give consideration to future potential and extra qualifications of candi- dates only when career ladders and seniority systems are structured so that employees are likely to advance to a higher level position within a reasonable period of time. An applicant who is not selected for employment because of unsatisfactory employment references shall have the opportunity for rebuttal. No applicant shall be prohibited from applying for a position because of a.past criminal conviction - unless the conviction would make the individual unfit for the position. Disqualification from candidacy for one position shall not preclude the individual from being considered for other City positions. All candidates selected for City of New Hope employment shall be informed by written notice of their selection 'for a position. This notice shall list the position title, department, start- ing salary, and length of probationary period. .., Please :cturo. to: ~9 Date Received " City of Hew Hope APPENDIX "A" -4401 Xylon Avenue North New Hope~, HH 55428 APPLICATION FOR EMPLOYMENT Dear Applicant, We welcome you as an applIcant for employment. Your application will be considered with others. it is our policy to provide equality of opportunity in employment. This policy prohibits discrimination on the basis of race, color, religion, n. ational origin, political a.ffiliation, disability, marital status, sex or age (between 40 and 65) in all aspects of our personnel policies, programs, practices and operations. This policy apply to full, part-time, temporary, and reasonal employment. The information contained in this application will be considered personal and confidential and used only in conjunction with your possible employment. Please furnish us w. ith complete information. You are encouraged to attach any additional information which you belie'~;e qualifies you for the position. Please use INK OR TYPEWRITER. 1. :Title or Kind of work applied for: Permanent __ Part-time Date Available: POSITIOH ... Temporary Seasonal 2. PERSONAL INFORMATION 3. Name Last First Middle Social Security No. 4. Present Address City County State Zip Code 5. Home Phone No. Work Phone No. 6. Do you have any Physical or Health limitations which affect your work performance? Yes No If you have answered yes, please use an additional sheet to explain. '/. If you are not a citizen of the United States, d'o you have Bureau of Immigration approval to work in the U.S.? Yes No EDUCATIONAL INFORMATION (To be completed only if education is a job requirement) 8.' Circle the highest Grade School High School College Post Graduate grade completed 1 2 3 4 5 6 7 8 9101112 or GED 13141516 MAPhdLIb Degree or Types of School Name and Address of School From To Certificate Major High School College or University College or University Graduate School Technical Technical · List any correspondence courses, special courses,, seminars, workshops,, training, and skills acquired that might relate to this position. Please review the job description befbre answering this question. List any current licenses, registrations, or certificates that you possess. Include drivers license number, class and State of Issue. ',. TO BE COMPLETED BY APPLICANTS FOR CLERICAL, ADMINISTRATIVE & FISCAL POSITIONS ONLY Typing Ability: ( ) yes ( ) no ~W?M Shorthand Ability:'(~ ) yes ( } no WPM Business Machines and Experiences: Bookkeeping Experie.nce: TO BE COMPLETED BY APPLICANTS FOR LABOR & SKILLED TRADE POSITIONS ONLY Apprenticeship(s} served or trades learned: Capable of operating the following equipment: EMPLOYMENT HISTORY - Please list past employers beginning with your most recent, employment: if necessary, list other employers on additional sheet. Employer's Name Mailing Address Zip Code Phone No. Position Held Duties Performed: Immediate Supervisor: Employment Dates: Last Salary Full lime { ) PartTime From To Reason for Leaving: J May we contact your present employer? ( ) yes ( ) no Elf r~o, please explain: Employer's Blame Mailing Address Zip Code Phone Bio. Position Held Duties Performed: Immediate Supervisor: Employment Dates: Last .S, alary Full Time ( ) Part Time ( ) From To Reason for Leaving: Employer's Name Mailing Address Zip Code Phone No. Position Held Duties Performed: Immediate Supervisor: Employment Dates: Last Salary Full Time { ) Part Time ( ) From To REason for Leaving: UNSALARIED EXPERIENCE Volunteer Organization Mailing Address Phone No. Position Held: ' Duties Performed: " Immediate Supervisor: Dates of Participation: Hours Per Week Skills Learned: Volunteer Organization Mailing Address Phone No. Position Held' ' Duties Performed' Immediate Supervisor: ' Dates of Participation: Hours Per Week Skills Learned: List additional information on sel~arate sheet if necessary. _ CONVICTION INFORMATION Wc declare that the existence of a criminal conviction record will not automatically disqualify you from employment with us, though certain types of criminal conviction may prohibit you from working in certain positions. Have you ever been convicted as an adult for a criminal violation? ' Yes ( ) No ( ) If yes, date and place Nature of Offense Disposition if yes, date and place Nature of Offense Disposition I hereby certify that all answers to the a'bove questions are true and ! agree and understand any false statements contained in this application may cause rejection of this application or termination of em- ployment. I authorize that a transcript may be requested where necessary to verify any educational re- cord. Signature Date APPENDIX "B" TO ALL APPLICANTS .~e information requested in the following questions in no way affects you as an individual applicant. No decisions regarding your employment with the City of New Hope will be based on the information you give. The information will be used to determine how effective our recruiting efforts are in reaching all segments of the population, to validate our selection procedures and to meet federal requirements. The answers to these questions will not be placed in your personnel file and will not be given to any person involved in making a hiring or promotional decision. We would appreciate your cooperation and assistance in our efforts to insure Equal Employment Opportunities, however, providing this information is voluntary. INSTRUCTIONS: Please write your name and social security number on the first line; address and telephone number on the second line; and place an "x" in the appropriate space to answer each of the following questions. Place in Affirmative Action envelope and seat. ~last name) (first name) (middle name) ' social security number '(number & street) (City & State) (zip) '(area code number) 1. What sex are you? Male Female 2. Age? 16-25, 26-39, over 40 3. What job are you applying for? 4. Do you have a disability? No Diabetes Amputee Epilepsy Blind Paralysis Cardiac Other (Please Explain) Deaf 5. Do you require any special testing conditions? Yes No (If "yes", please explain) -CONTINUED ON BACK~ 6. How ~id you learn about this job? Private Employment Agency Name Public Employment Agency Name Newspaper Ad Name. College and/or Technical School. Name High School Name Walk-In Referral from Present Employee Minority Gr'oup Referral Source Name Other (Please Be Specific) 7. What Race/Ethnic Group do you consider yourself? White (includes persons of Indo-European descent, including Pakistania and East Indian). Black (includes persons of African descent as.well as those identified as Jamaican, Trinidanian, and West Indian.) Spanish Surnamed (includes all persons of Mexican, Puerto Rican, Cuban, Latin American or Spanish descent.) Asian American (includes persons of Japanese, Chinese, Korean, or Filipino descent.) American Indian (includes persons who identify themselves or are know as such by virtue of tribal association, Aleuts and Eskimos.) -THANK YOU- RESOLUTION AMENDING CHARGES AND POLICY CONCERNING REAL PROPERTY DATA WHEREAS, by resolution of October 27, 1975, certain charges were established by Council including furnishing property information to parties other than resident requesting information in respect to their own property, and WHEREAS, following review of this procedure and other charges, it has been determined that the interest of the City can best be served by eliminat- ing or adjusting certain of the charges. NOW, THEREFORE, BE IT RESOLVED that the fee schedule shall be as follows: 1. Charges for certain current services provided by City staff to non residents or for residents who are requesting the service for property other than their own shall be as established below: a) Special Assessment Searches Prepaid $5.00 Billed 6.00 Addt'l Billing 1.00 b) Property Data Information Given Orally to Customer No Charge Written Reply Prepaid $3.50 Written Reply Billed 4.50 Each Additional Billing 1.00 c) Accident Report 4.00 2. Copies of documents shall be charged for at cost plus 10%. Costs , shall include personnel time and copying charges. 3. Requests for search of City records, review of tapes of meetings, or similar requests in which other than ordinary personnel time is involved shall be charged for at actual cost of the personnel and materials involved. Adopted this 14th day of March, 1977. -- ~ ~t~ Clerk-Treasurer RESOLUTION CONTINUING A TEMPORARY MORATORIUM ON FAST FOOD OUTLETS UNTIL JANUARY 11, 1978 WHEREAS, the City Council on January 24, 1977, passed a resolution entitled "Resolution Establishing a Temporary Moratorium on Fast Food Outlets ," and WHEREAS, at the same time the City enacted Ordinance No. 77-4 entitled "An Interim Ordinance Restricting the Issuance of Building Permits and the Acceptance of Applications for Fast Food Outlets ," and WHEREAS, this Council is now of the opinion that a study of the problem of fast food outlets in relation to the planning and zoning needs of the City of New Hope will require a substantially greater time than the 90 days originally contemplated in order to be assured that the legitimate interests of both the City and the affected property owners receive the in-depth analysis to which each is entitled, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: The following amending ordinance is hereby enacted: ORDINANCE NO. 77- 5 AN INTERIM ORDINANCE AMENDING ORDINANCE 77-4 BY EXTENDING THE TIME FOR RESTRICTION UPON TB]] ISSUANCE OF BUILDING PERMITS FOR FAST FOOD OUTLETS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. The City Code is hereby amended by the substitution of the following Section 3.93, Subd. (2): 3.03 Fast Food Outlets. Subd. (2) Moratorium. The temporary prohibition against the issuance of building permits for the construction of fast food outlets is ~ e hereby extended, to expire on January 11, 1978. Section 2. This ordinance shall be effective upon its passage and publication. Passed by the City Council of the City of New Hope the ] 4th day of March , 1977. (Published in the New Hope-Plymouth Post the 24th day of March , 1977.) ORDINANCE NO. 77- Y AN ORDINANCE REPEALING SECTIONS 11.32 AND 11.33 OF THE CITY CODE PERTAINING TO BICYCLE LICENSES. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 11.32, License Required, and Section 11.33, Procedure', of the City Code are hereby repealed. 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 1/lib day of March , 1977. 'B~-tty~ouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the24th day of March , 1977.) ORDINANCE NO. 77- 8 AN ORDINANCE AMENDING SECTION 6.62, SUBD. (2), OF THE CITY CODE RELATING TO BOULEVARD ENCROACHMENTS. City of New Hope, Minnesota The City CouneiI of the City of New Hope ordains: Section 1. Section 6.62, Subd. (2) of the City Code entitled Exception is amended to read as follows: Subd. (2) Exception. No permit is required of the owner for gardening, sodding or tree planting otherwise allowed in the boulevard area adjacent to the paved portion of the public streets or for gardening or sodding in areas where the easement is for underground purposes. Trees and shrubbery and any structures Placed in the boulevard by the property owner _are permitted at sufferance only, and shall be removed promptly by the .owner at his cost upon a finding by the Department of Protective Inspections that the existence of such encroachment upon the boulevard constitutes a safety hazard. Such finding may be appealed ..,to....t.he City Manager and to the Council, in that order, by an aggrieved property owner. 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 28th day of March , 1977. Edw~ J Erlckson, Mayor Attest: ~/~.~ ~~~ B~ l~o{lliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 7th day of April , 1977.) RESOLUTION TEMPORARILY PROHIBITING FURTHER MULTIPLE RESIDENCE DEVELOPMENT IN THE CITY OF NEW HOPE PENDING COMPLETION OF THE CURRENT COMPREHENSIVE PLAN REVIEW, AND ENACTING ORDINANCE 77-6 TO ACCOMPLISH THIS RESULT. WHEREAS, in the discharge of its responsibilities as the Planning Agency of the City of New Hope under the provisions of Minnesota Statutes § 462.351 to 462.364, the Planning Commission of the City in conjunction with its professional planning consultant, Midwest Planning & Research, Inc., and the City Manager, has been reviewing the existing Comprehensive Zoning Plan of the City in its entirety since the 19th day of August, 1975, and WHEREAS, the Planning Commission has held numerous meetings and hearings since said date in an effort to secure the broadest possible spectrum of views as to the past, present and future development of the City, and such hearings are continuing, with Council review now commencing, and WHEREAS, the City Council in apprising itself of the progress of the review of the proposed revisions of the Comprehensive Plan of the City, and in the discharge of its legislative responsibilities as the governing body of the City of New Hope, has become ever more increasingly aware of the intense con- flicts between developers of multiple residential (MR) zoned properties, the owners of said properties, and the concerns of the residents of single family (SR) zoned areas who are affected by proposed MR development, and WHEREAS, it has been the history of the development of the larger tracts of land which have been zoned MR in the past that clear-cut and equitable solutions to these conflicts are extremely difficult to achieve, and WHEREAS, in fairness to all concerned landowners, developers and residents of the City, the question of the posture of the City toward MR develop- ment should be established as soon as due deliberation will permit, and WHEREAS, the process of deliberation in regard to the review of the Comprehensive Zoning Plan of the City is now at the stage involving City Council action, the final step in the whole procedure, and WHEREAS, it is anticipated that the Comprehensive Plan will be adopted, either as affirmed as to its present provisions, or as to any revisions, within a reasonable number of months. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope: 1. That fairness, equity and justice for developers, landowners and residents will be best served by suspending the issuance of building permits for multiple residential construction until the earlier of the following dates: (a) February 23, 1978, or (b) The date on which the existing Comprehensive Plan of the City is approved, subsequent to its current review, or (c) The date on which an amended or revised Comprehensive Zoning Plan of the City is approved by ordinance of this Council. 2. That pursuant to the provisions of Section § 462.355, Subd. 4, Minnesota Statutes, this Council, for the purpose of formalizing its intent that the zoning use identified as multiple residence (MR) be carefully scrutinized as presently established and regulated, as a part of the review of the Comprehensive Plan of the City and revised if further study shows the desirability of changes, the City does hereby enact the following interim ordinance: - 2- ORDINANCE NO. 77-6 AN INTERIM ORDINANCE RESTRICTING 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. The City Code is hereby amended by the addition of the following Section 3.15: 3.15 Suspension of Building Permits. This section shall be used from time to time during any review of its Comprehensive Zoning Plan to designate certain uses or develop- ments which the City Council has found and determined should be prohibited for a specified period of time and the issuance of the building permits suspended, for the reasons enunciated in a resolution providing for such suspension of building permits. Subd. (1) MR Permits, Sus~)ension. No building permit shall be issued before January 23, 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 Com- prehensive Zoning Plan after completion of the review of same, or upon the adoption of a new Comprehensize Zoning Plan by the City Council. Subd. (2) Fast Food Outlets, Suspension. As provided in Section 3.03, Subd. (2), repeated for convenience here, no building permit shall be issued for fast food outlets until January 11, 1978. 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 ~rch ,1977. - e~P'ouliOt, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ?th day of Apri ] , 1977. ) -2- ORDINANCE NO. 77-9 AN ORDINANCE AMENDING THE CITY CODE BY ADDING SECTIONS 5.70 THROUGH 5.76 BY ESTABLISHING A SANITARY SEWER STRENGTH CHARGE FOR INDUSTRIAL WASTE AND ESTABLISHING TAX LIEN AGAINST PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE. City of New Hope, Minnesota. The City Council of the City of New Hope, County of Hennepin, Minnesota, ordains: Section 1. Sections 5.70 through 5.76 entitled "Sanitary Sewer Strength Charges" are hereby added to the City Code. 5.70 SANITARY SEWER STRENGTH CHARGES 5.71 Recitals. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota (the "Commission"), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the "Act"), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as defined in Minnesota Statutes § 473.121, Subd. 24) to recover operation and maintenance costs of treatment works attribut- able to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge and allocated to it each year by the Commission, it is hereby found, determined and declared to be neces- sary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota Statutes § 444.075, Subd. 3, empowers the City to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the County Auditor as a tax lien against the property served. 5.72 Establishment of Strength Charges. For the purpose of paying the costs allocated to the City each year by the Commission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the "Strength Charge"). 5.73 Establishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established by Section 5.72 hereof, there is hereby established, approved and adopted in compliance with the Act the same strength charge formula designated in Resolution No. 76-172 adopted by the governing body of the Comis- sion on June 15, 1976, such formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission. 5.74 Strength Charge Payment. It is hereby approved, adopted and established that the Strength Charge established by Section 5.72 hereof shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next suceeding the day of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date an industrial user shall pay interest compounded monthly at the rate of two-thirds of one percent (2/3%) per month on the unpaid balance due. 5.75 Establishment of Tax Lien. As provided by Minnesota Statutes § 444.075, Subd. 3, it is hereby approved, adopted and established that if payment of the Strength Charge established by Section 5.72 hereof is not paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by or on behalf of the City, said delinquent sewer strength charge, plus accrued interest established pursuant to Section 5.74 hereof, shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the City or its agent shall certify such unpaid delinquent balance to the County Auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the City or its agents from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy. 5.76 Severability. In the event any provisions of this ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 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 Z / ~-e day of _.~1~,/ , 1977. ard J. Erickson, Mayor Attest:  uliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the .~/ day of_-~/~'~,/ , 1977. ) -3- RESOLUTION APPROVING JOINT POWERS AND AGENCY AGREEMENT WITH METROPOLITAN WASTE CONTROL COMMISSION DESIGNATING SAID COMMISSION TO ADMINISTER THE INDUSTRIAL USER SEWER STRENGTH CHARGE SYSTEM WHEREAS, the Metropolitan Waste.Control Commission, in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulation thereunder, has determined to impose a sewer strength charge for industrial users, and WHEREAS, the City has been informed by the Metropolitan Waste Control Commission that certain industries located within New Hope are subject to the strength charge system, and WHEREAS, by the adoption of Ordinance No. 77-9, the Council has estab- lished, in addition to the sewer charge based upon the volume of discharge, a sewer charge based upon strength of industrial waste discharged in the sewer system of the City (the "Strength Charge"), and WHEREAS, the City has determined that it would be feasible and in the best interest of the City to have the Metropolitan Waste Control Commission administer the sewer strength charge system on behalf of the City, and WHEREAS Minnesota Statutes, Section 473.251 and Section 473.504 express- ly authorizes the City and the Metropolitan Waste Control Commission to enter into joint powers activities. NOW THEREFORE BE IT RESOLVED, by the City Council of New Hope, Minnesota, as follows: 1. That the City Council does hereby approve the attached Joint Powers and Agency Agreement designating the Metropolitan Commission to administer the sewer strength charge~, and the Mayor and the Manager are authorized and directed to execute said agreement on behalf of the City. 2. That the City Clerk is directed to transmit a copy of the executed agreement together with a certified copy of th~s resolution to the Metropolitan Waste Control Commission. Adopted the llth day of April, 1977. ATTEST:~~ C-~-t~j~rk-Treasurer A RESOLUTION REGARDING FIRE SERVICE RECOGNITION DAY WHEREAS, the second Saturday in May has been designated as Fire Service Recognition Day by the International Association of Fire Chiefs, and WHEREAS, Fire Service Recognition Day is designed to focus attention to the varied and technical services being offered by the fire departments of the United States and Canada, and WHEREAS, many fire departments are placing emphasis on this observance with open houses of fire stations, demonstrations and programs before service clubs, and WHEREAS, today's firemen are technically trained and highly skilled professional public servants performing many public services in addition to the suppression of fire, such as dwelling inspections, pre-fire planning, inspections of commercial industrial facilities, hospitals, schools and rest homes, NOW, THEREFORE, the City Council, City of New Hope, Minnesota does hereby designate May 14, 1977 as FIRE SERVICE RECOGNITION DAY in New Hope, Minnesota and urge all citizens to visit their nearest fire station on this date to become acquainted with these men, their apparatus and equipment and the professional type service they provide. Adopted this ~th day of April, 1977. ATTEST: -:/"~ ' Be~ot, City clerk-Treasurer RESOLUTION MODIFYING THE TEMPORARY SUSPENSION OF BUILDING PERMITS FOR THE CONSTRUCTION OF FAST FOOD OUTLETS FROM JANUARY 11, 1978 TO OCTOBER 14, 1977. WHEREAS, this Council has reviewed the timetable of its suspension of issuance of building permits for fast food outlets, and considered the following facts: 1. That on October 25, 1976, at a regular meeting of the City Council, this Council adopted a "moratorium" on the issuance of building permits for the construction of fast food outlets, pending review of such construction under the Comprehensive Plan of the City now being reviewed by the Planning Commission and City Council; 2. That on January 24, 1977, this Council by Ordinance 77-4 formalized by an interim ordinance the "moratorium" on fast foot outlets, to expire April 27, 1977, revised by Ordinance No. 77-5 to expire January 11, 1978. That this Council has had the opportunity to further consider the scope of the problem; 3. That its legal counsel has pointed out that the January 11, 1978 date, while less than one year from enactment of the interim ordinance, is more than one year from the date this Council first suspended issuance of building permits for fast food outlets; 4. That it is the intention of this Council that its "moratorium" as established by ordinance embrace an initial period of less than one year, whether a formal or informal "moratorium", to comply with the intent of M .S .A. § 462.355; 5. That a termination of the "moratorium" on October 14, 1977 would a. Comply with the apparent intent of both the legislature and the Courts of a reasonable initial limitation on a "moratorium" on the issuance of building permits for a "moratorium" on the issuance of building permits for a particular use by limiting the moratorium to one year, including both the time period subsequent to the passage of a formal ordinance, and the time period during which the City suspended the issuance of building permits for fast food outlets by Council Order; b. Provide sufficient time for integration of the fast food concept within the Comprehensive Plan of the Planning Commission, as now in the process of review by this Council; NOW, THEREFORE, BE IT RESOLVED that in consideration of the fore- going, the following Ordinance No. 77-10 is hereby adopted by this Council: ORDINANCE NO. 77-10 AN INTERIM ORDINANCE FURTHER AMENDING SECTION 3.03 (2) OF THE CITY CODE REDUCING THE TIME FOR RESTRICTION UPON THE ISSUANCE OF BUILDING PERMITS FOR FAST FOOD OUTLETS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. The City Code is hereby further amended by the substitution of the following Section 3.03, Subd. (2): 3.03 Fast Food Outlets. Subd. (2) Moratorium. The temporary prohibition against the issuance of building permits for the construction of fast food outlets is hereby modified, to expire on October 14, 1977. Section 2. This ordinance shall be effective upon its passage and publication. Passed by the City Council of the City of New Hope the 11th day of April, 1977. · Edwyd J. Erickson, Ma5 or Attest: -::~'~' .... Betty Pouliot, Clerk-Treasurer ~ (Published in the New Hope-Plymouth Post the 14th day of April, 1977 .) RESOLUTION REQUESTINA INSTALLATION OF STOP 'SIGNS ON COUNTY ROAD 8 AT 62ND AVENUE NORTH WHEREAS, County Road 8 (West Broadway) at 62nd Avenue North is located in 'the Cities'of New Hope and Brooklyn Park, and WHEREAS, this roadway is under Hennepin County jurisdiction, and WHEREAS, the Abraham Lincoln Grade School, which is a part of the Robbinsdale Independent School District #281,~ is located on the northeast corner of this intersection, and WHEREAS, most of the students who attend this 9rade school are walkers, and WHEREAS, these walking students are exposed to severe safety hazards because of various reasons such as intensity of traffic flow, the angle Broadway takes to the south, etc., and WHEREAS, the numbers of walking students will increase greatly when the Thorson Elementary School located to the southwest of this intersection at 7323 58th Avenue North is closed. NOW,'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW HOPE': 1. If the City of Brooklyn Park concurs, Hennepin County is hereby requested to install stop signs at 62nd on Broadway Avenue North. 2. The City Clerk-Treasurer of New Hope is hereby directed to send copies of this resolution to Hennepin County, the City of Brooklyn Park, Robbinsdale Independent School District #281, and the President of the Abraham Lincoln Elementary School PTA. ADOPTED: April 25, 1977 y Edward~. ~r~ckson, Mayor ATTEST: ~l~ ~et~-y~v~Fu-iot, City Cl~rk-Treasurer ORDINANCE NO. 77- ] ] A}] 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: (44) West 160 feet of Outlot 2, Terra Linda 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 25th day of April, 1977. /,, EdwaJ'~l/J. Eriekson, Mayor · Betty'Xt~ouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 5'l;h day of gay , 1977 .) ORDINANCE NO. 77-]2 AN ORDINANCE ADDING SECTIONs 3.72 AND 3.73 OF THE CITY CODE RELATING TO PLUMBING PERMITS, ADDING SECTION 3.05 AND AMENDING SECTION 3.06 RELATING TO FEES FOR PLUMBING PERMITS, ADDING SECTION 3.190 RELATING TO HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION, AND ADDING SECTION 3. 200 RELATING TO FEES FOR SPRINKLING SYSTEMS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Chapter 3 of the New Hope City Code is hereby amended by adding the following: 3.72 Plumbing Permits. Subd. (1) Permit Required_. Before the installation of any plumbing work, fixture or device, a permit shall be obtained from the Building Official. Subd. (2) Application and Fees. The Building Inspector shall, before issuing any permits for the installation of any plumbing work, fixture or device, require the payment by the applicant of fees provided in Section 3.05. Subd. (3) Qualifications. Permits shall be issued only to individuals or contractors licensed as master plumbers by the Minnesota State Board of Health, except an individual may obtain a permit and may do plumbing work which complies with the provisions of the minimum standards herein prescribed on premises or that part of premises owned and actually occupied by him as his homestead if he shall file with the Building Official an affidavit showing that he is performing the actual work himself in such homestead. No permits shall be issued to the home owners for sewer and water connections. No journeyman shall install plumbing as herein defined unless he is authorized to do so under the State Building Code. Subd. (4) Surety Bond. The applicant, except an individual doing work on his own homestead, shall first file a surety bond of $4,000 running to the City to compensate the City for any damages caused to the City water system and appurtenances and City sewer system and appurtenances, streets, curb and gutter. Subd. (5) Insurance. The applicant, except an individual doing work on his own homestead, shall first file with the Clerk-Treasurer certificates of insurance issued by a company or companies duly licensed to do business in the State of Minnesota which shall be written on the comprehensive liability, products and completed operations liability, automobile liability including employers non-ownership liability in not less than the following amounts: Bodily injury liability: $250,000.00 each person; $500,000 for injuries as a result of any one occurrence. Property damage liability: $ 50,000.00 each accident; $100,000.00 aggregate. Automobile liability: Bodily injury: $250,000.00 each person; $500,000.00 each occurrence. Property damage: $100,000.00 each occurrence. Any such evidence or certificate or certificates shall provide that it may not be cancelled by the insurer except upon ten days written notice to the City. In case of cancellation of such insurance, such permit shall be suspended automatically until such insurance has been replaced. 3.73 Enforcement. The Building Official shall enforce the provisions of this Plumbing Code. Any person covering work without it being duly inspected or refusing to correct work when so ordered by the Building Official, shall be guilty of a misdemeanor. 2 Section 2. Chapter 3 of the City Code is hereby amended by adding the following: 3.05 Permit Fees. The fees for such permits shall be as follows: (a) Minimum Fees: In no case shall the fee charged for any permit issued under this ordinance be less than $10.00 except for single family homes in which case the fee shall be not less than $5.00. (b) The fees for all plumbing permits shall be computed on the basis of the number of plumbing fixtures and/or devices provided for in such permits, whether subsequently so installed or not, and the fee for each such fixture so provided for shall, except as hereinafter specifically provided, be $4.00. (c) Where any such permit is issued for the installation of plumbing work providing for certain proposed fixtures which are to be in- stalled or set later and for which fixture openings are to be left, a fee of $2.00 shall be charged for such opening, which fee shall be in addition to the fee charged for other plumbing work, if any, included in the same permit. (d) Where any such permit is issued for the setting only of certain plumbing fixtures on openings previously left for same, a fee of $2.00 shall be charged for each such fixture, which fee shall be in addition to the fee charged for other plumbing work, if any, included in the same permit. (e) The plumbing permit fee shall be waived in lieu of the gas burner or electrical connection fee for the replacement of a hot water heater in a single family home which replacement does not involve new water piping. (f) Where any such permit is issued for any of the following specifically mentioned plumbing fixtures or other devices the fee shall be charged for each such fixture or device shall be as follows and shall be in addition to the fee charged for other plumbing work, if any, included in the same permit: Beer Dispenser, when connected with water supply $ 4.00 Blow-off basin 4.00 Catch-basin 5.00 Water Heater (New) 6.00 New ground run for existing building $ 4.00 Hydraulic valve 5.00 Sump or receiving tank 4.00 Installation of water softening device 6.00 Each extension of water piping to a water using device or fixture not covered by a plumbing fixture permit 1/2" to 1-1/2" 5.00 Exceeding 1-1/2" 10.00 (g) For each permit for the alteration or repairing of existing plumbing and for other plumbing work not included above, the fee shall be $7.00 for the first One Hundred Dollars ($100.00) or fraction thereof in the estimated cost of such proposed work; for each additional One Hundred Dollars ($100.00) or fraction thereof in such estimated cost $3.00 shall be added to the above prescribed fee for such permit. Section 3. Section 3.06 of the New Hope City Code is hereby amended to read as follows: 3.06 Fees, Double, When. Should any person, co-partnership, or corporation begin work of any kind such as hereinbefore set forth, or for which a permit from the City is required by ordinance, without having secured the necessary permit therefor from the City either previous to or during the day of commencement of any such work, or on the next succeeding business day where such work is commenced on Saturday or on a Sunday or a holiday, he shall, when subsequently securing such permit, be required to pay double the fees thereinbefore provided for such permit, and shall be subject to all the penal provisions of this Ordinance. Section 4. Section 3.07 is amended by deleting Subds. (2) and (3), and by amending Subd. (1) to read as follows: Gas Piping For any permit for installing gas dryers, gas stoves, ranges, gas water heaters, process gas burners or other similar gas burning devices not used in connection with a heating system, the fee charged for each such device shall be: Input: Not exceeding 99,999 BTU $ 5.00 100,000 BTU but not exceeding 199,999 BTU 10.00 200,000 BTU but not exceeding 399,999 BTU 20.00 400,000 BTU but not exceeding 599,999 BTU 30.00 600,000 BTU but not exceeding 999,999 BTU 40.00 -4- For inputs exceeding 999,999 BTU the fee shall be as provided for gas burners for use in connection with a heating system, as found in Section 3.195 (9). The above fees shall be in addition to the fee charged for the permit for the installation of any gas piping for said devices and for any other gas fitting work, if any, included in said permit. For any permit for installing gas piping not exceeding two inches in diameter, for the first three openings, the fee shall be $3.00 and each additional opening shall be $1.00. Gas piping exceeding two inches in diameter for the first three openings, the fee shall be $7.00 and each additional opening shall be $1.00. Section 5. Section 3.22 of the City Code, Additional Provisions, (B) is hereby amended to read as follows: B) Uniform Building Code Appendices Chapters 13, 35, 38, 48, 49, 51, 57 and 70. Section 6. Chapter 3 of the City Code is hereby amended by adding the following: 3.190 HEATING, VENTILATION, AIR CONDITIONING AND REFRIGERATION 3.190 Scope and Application. From and after the effective date of this ordinance, no person shall construct or install any heating, ventilating, air conditioning or refrigeration plant or equipment or repair any existing heating, venti- lating, air conditioning or refrigeration plant or equipment or repair any existing heating, ventilating, air conditioning, or refrigeration plant or equipment unless in compliance with the provisions of this Code. 3.192. Adoption of the Minnesota Heating, Ventilation, Air Conditioning and Refrigeration Code by Reference. There is hereby adopted and incorporated into this Code by reference thereto, by marking three copies thereof as "Official Copies" and filing them for reference and inspection in the office of the City Clerk, all of that certain code of the State of Minnesota entitled "Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code" identified as Chapter 71 through 85. 3.193 Electrical Connection. Ail electrical connections, electrical wiring for motors, equipment and controls used in connection with heating, ventilating, air condition- ing and refrigeration systems shall be in accordance with the provisions of the National Electrical Code. 3.194 Permits. It shall be unlawful for any person to construct or install, alter, replace, or repair any heating, ventilating, air conditioning or refrigera- tion plant or equipment or in or for any building within the corporate limits of said City, without first obtaining a permit therefor from the City. 3.195. Permit Fees. (1) Minimum Fee: In no case shall the fee charged for any permit issued under this Ordinance be less than $15.00 except for single family homes in which case it shall be not less than $7.50. (2) For any permit for the installation of a power plan, or a boiler, or furnace and boiler, in connection with any such plant, for each such boiler, or furnace and boiler, or power plan to be installed thereunder having an output or capacity not exceeding 200,000 BTU per hour or 6H.P., $7.00. For each additional 100,000 BTU per hour or 3 H.P. output or capacity or fraction thereof, $3.00. For any permit for alterations or repairs to any existing power plant, or boiler, or furnace and boiler in .connection with a power plant, where the cost of the proposed work does not exceed Five Hundred Dollars (SS00.00), $7.OO. And for each additional Five Hundred Dollars ($500.00), or fraction thereof, in the cost of such proposed work, $3.50. (3) For any permit for the installation of a gravity warm air heating system, for each such system installed thereunder, $16.50. For any permit for the installation of a gravity warm air furnace replacing an existing warm air furnace used in connection with a gravity warm air heating system, for each such furnace to be installed thereunder, $7.00. For any permit for alterations or repairs to any existing gravity warm air heating system or furnace in connection with any such system, where the cost of the proposed work does not exceed Five Hundred Dollars ($5OO.OO), $7.00. And for each additional Five Hundred Dollars ($500.00), or fraction thereof, in the cost of such proposed work, $3.50 shall be added to the above prescribed fees for such permit. (4) For any permit for the installation of a mechanical warm air heating system, for each such heating system to be installed having an output or capacity not exceeding 120,000 BTU per hour, $16.50. And for each additional 60,000 BTU per hour output or capacity or fraction thereof, $2.00 shall be added to the above prescribed fee for such permit. For any permit for the installation of a furnace, in connection with any such heating system, for each such furnace to be installed thereunder having an output or capacity not exceeding 120,000 BTU per hour, $6.00. And for each additional 60,000 BTU per hour output or capacity or fraction thereof, $2.50 shall be added to the above prescribed fee for such permit. For any permit for alterations or repairs to any existing mechanical warm air heating system in connection therewith, where the cost of such proposed work does not exceed Five Hundred Dollars ($500.00), $?.00. And for each additional Five Hundred Dollars ($500.00) or fraction thereof, in the cost of such proposed work, $3.00 shall be added to the above prescribed fee for such permit. (5) For any permit for the installation of a steam or hot water heating system for use in connection with a fan heating system, the required capacity of which does not exceed 400 square feet EDR steam or 640 square feet EDR hot water, $16.50. And for each additional required 200 square feet EDR steam or 320 ~square feet EDR hot water, or fraction thereof, in the required capacity of such system or plant, $3.50 shall be added to the abov~ prescribed fee for such permit. For any permit for the installation of the heating coils for use in con- nection with a fan heating system, supplied with steam or hot water by an existing steam or hot water system, the required capacity of which does not exceed 400 square feet EDR steam or 640 square feet EDR hot water, $7.00. And for each additional required 200 square feet EDR steam or 320 square feet EDR hot water, or fraction thereof, in the required capacity of such heating coils, $3.50. For any permit for the installation of the sheet metal work and duct work, and equipment connected therewith (other than the steam or hot water heating plant or heating coils which furnish the heat), in any fan heating system, where the required capacity of such system does not exceed 2,000 cubic feet of air per minute, $7.00. And for each additional 1,000 cubic feet per minute, or fraction thereof, in such required capacity, $3.00 shall be added to the above prescribed fee for such permit. For any permit for alterations or repairs to the sheet metal work or duct work, or equipment connected therewith, of any fan heating system, where the cost of the proposed work does not exceed Five Hundred Dollars ($500.00), $7.00. And for each additional Five Hundred Dollars ($500.00), or fraction thereof, in the cost of such proposed work, $3.00 shall be added to the above prescribed fee for such permit. (6) For any permit for the installation of the duct work, sheet metal work and equipment in connection with a ventilating system, the required capacity of which does not exceed 2,000 cubic feet per minute, $7.00. An for each additional 1,000 cubic feet per minute, or fraction thereof, in such required capacity, $3.00 shall be added to the above prescribed fee for such permit. For any permit for alterations or repairs to any such ventilating system and equipment, where the cost of the proposed work does not exceed · Five Hundred Dollars ($500.00), $7.00, And for each additional Five Hundred Dollars ($500.00), or fraction thereof, in the cost of such proposed work, $3.00 shall be added to the above prescribed fee for such permit. (7) For any permit for the installation of the duct work, sheet metal work and equipment (other than heating or cooling coils, piping and refrigera- tion equipment) in connection with an air conditioning system, the required capacity of which does not exceed 2,000 cubic feet per minute, $7.00. And for each additional 1,000 cubic feet per minute, or fraction thereof, in such required capacity, $3.00. For any permit for the heating coils for use in connection with an air conditioning system, supplied with steam or hot water by an existing steam or hot water system, the required capacity of which does not exceed 400 square feet EDR steam or 640 square feet EDR hot water, $7.00. And for each additional required 200 square feet EDR steam or 320 square feet EDR hot water, or fraction thereof, in the required capacity of such heating coils, $3.00. For any permit for the installation of cooling coils, piping and equipment designed to accomplish the required cooling in connection with an air conditioning system, where the required capacity of the system for which such coils, piping and equipment is installed does not exceed 5 tons of refrigeration, $16.50. And for each additional 2-1/2 tons in such required capacity, or fraction thereof, $3.50 shall be added to the above prescribed fee for such permit. For any permit for alterations or repairs to any such heating coils, cooling coils, piping, equipment, sheet metal work or duct work in connection with an air conditioning system, where the cost of the proposed work does not exceed. Five Hundred Dollars ($500.00), $7.00. And for each additional Five Hundred Dollars ($500.00), or fraction thereof, in the cost of such proposed work, $3.00 shall be added to the above prescribed fee for such permit. (8) For any permit for the installation of a steam or hot water heating system, or for the installation for use in connection with a fan heating system or air conditioning system of a steam or hot water heating plant, the required capacity of which does not exceed 400 square feet EDR steam or 640 t "~ square feet EDR hot water, $16.50. -9- And for each additional required 200 square feet EDR steam or 320 square feet EDR hot water or fraction thereof, in the capacity of such system or plant, $3.00 shall be added to the above prescribed fee for such permit. For any permit for the installation of a steam or hot water boiler in connection with any existing heating system or plant, for each such boiler to be installed thereunder whose required capacity does not exceed 2,000 square feet EDR steam or 3,200 square feet EDR hot water, $7.00. And for each additional 1,000 square feet EDR steam or 1,600 square feet EDR water required capacity of such boiler, $3.00 shall be added to the above prescribed fee for such permit. For any permit for alterations or repairs to the boiler, piping, radiation, heating coils or other equipment of any such heating system or plant where the cost of such proposed work does not exceed Five Hundred Dollars ($500.00), $7.00. And for each additional Five Hundred Dollars ($500.00), or fraction thereof, in the cost of such proposed work, $3.00 shall be added to the above prescribed fee for such permit. (9) For any permit for the installation of a gas burner and/or its equipment for use in connection with a heating system, the fee shall be: Input: Fee: Not exceeding 99,999 BTU $ 5.00 100,000 BTU to 199,999 BTU 10.00 200,000 BTU but not exceeding 399,000 BTU 20.00 400,000 BTU but not exceeding 599,999 BTU 30.00 600,000 BTU but not exceeding 999,999 BTU 40.00 1,000,000 BTU but not exceeding 2,499,999 BTU 67.50 2,500,000 BTU but not exceeding 9,999,999 BTU 80.00 10,000,000 BTU but not exceeding 49,999,999 BTU 115.00 50,000,000 BTU but not exceeding 74,999,999 BTU 150.00 75,000,000 and over 200.00 When more than one gas burner or multiple gas burners to be installed in a single boiler, furnace or other device, they shall, for the purpose of establishing a permit fee therefore, be considered as a single burner. The above fee shall be in addition to the fee charged for the permit for the installation of any gas piping for said burners or equipment. For any permit for alteration or repairs to existing gas burners or equipment where the cost does not exceed Five Hundred Dollars ($500.00), $7.00. For each additional Five Hundred Dollars ($500.00) or fraction thereof, in the cost of such proposed work, $3.00 shall be added to the above prescribed fee for such permit. For any permit for installing gas piping not exceeding two (2) inches in diameter, for the first three openings, the fee shall be $3.00 and each additional opening shall be $1.00. Gas piping exceeding two (2) inches in diameter for the first three (3) openings, the fee shall be $7.00 and each additional opening shall be $1.oo. For any permit for installing an LP gas tank the sum of the building permit fee based on the cost of installation shall be added to the above prescribed fee. (10) For any permit for the installation of an oil burner and/or its equipment, for use in connection with a heating system, connected to a fuel oil storage tank or tanks and having an input of not to exceed 3 gallons per hour, $7.00. For inputs from 4 gal. per hour to 9 gal per hour, inclusive $ 9.00 For inputs from 10 gal. per hour to 18 gal per hour, inclusive 12.50 For inputs from 19 gal. per hour to 36 gal. per hour, inclusive 18.50 For inputs from 37 gal. per hour to 54 gal. per hour, inclusive 26.50 For inputs from 55 gal. per hour to 75 gal. per hour, inclusive 31.50 For inputs from 76 gal. per hour to 93 gal. per hour, inclusive 36.50 For inputs from 93 gal. per hour and above 41.50 For any permit for the installation of a fuel oil storage tank or tanks for use in connection with an oil burner installation, the sum of the building permit fee based on cost of installation shall be added to the above pre- scribed fee. For any permit for alterations or repairs to any existing oil burner or oil burner equipment where the cost of such proposed work does not exceed Five Hundred Dollars ($500.00), $7.00. And for each additional Five Hundred Dollars ($500.00), or fraction thereof, in the cost of such proposed work, $3.00 shall be added to the above pre- scribed fee for such permit. - 11- (11) For any permit for the installation of a stoker or stokers, for each stoker included in such permit, where the grate area of the furnace or boiler such stoker is required to serve does not exceed fourteen (14) square feet, $7.00. And for each additonal square foot in the grate area of the furnace or boiler to be served by such stoker, $1.50 shall be added to the above prescribed fee for such permit. NOTE: All of the stoker inside the boiler or furnace walls shall be construed as grate surface, including dead plates and side dumps. For any permit for the installation of a powdered fuel burner or burners, for each such burner included in such permit, where the capacity of such burner does not exceed Three Hundred and Fifty (350) pounds per hour, $7.00. And for each additional Twenty-five (25) pounds, or fraction thereof, in the capacity of such burner, $1.00 shall be added to the above prescribed fee for such permit. For any permit for alterations or repairs to any stoker or stokers, or to any powdered fuel burner or burners, or to the equipment thereof, where the cost of the proposed work does not exceed Five Hundred Dollars ($5OO.OO), $7.00. And for each additional Five Hundred Dollars ($500.00), or fraction thereof, in the cost of such proposed work, $3.00 shall be added to the above prescribed fee for such permit. 3.196 Inspections. The heating, air conditioning or refrigeration contractor shall immediately notify the Building Official, upon the completion of the installation, that the work for which a permit has been issued is ready for inspection and test. Test for steam or hot water installation shall not be less than twenty-five (25) pounds per square inch for steam, and forty (40) pounds per square inch for hot water installation. The Build- ing Official shall also be notified before any portion of a heating system is connected within a building, and he shall be given reasonable time and opportunity to inspect same before the building operations progress to a point where such heating installation can no longer be examined and inspected. - 12- 3.197 Fees, Double, When. Should any person, co-partnership, or corporation begin work of any kind such as hereinbefore set forth, or for which a permit from the City is required by ordinance, without having secured the necessary permit therefor from the City either previous to or during the day of commencement of any such work, or on the next succeeding business day where such work is commenced on Saturday or on a Sunday or a holiday, he shall, when subsequently securing such permit, be required to pay double the fees hereinbefore provided for such permit, and shall be subject to all the penal provisions of this Ordinance. Section 7. Chapter 3 of the City Code is amended by adding the following: 3.200 'FIRE SUPPRESSION PERMIT FEES 3.201 Fees Required. The Building Official, before issuing any permit for the installation of any fire suppression sprinkler equipment, shall require the payment by the applicant for such permit of fees in the amount herein provided. Further, no permit for the installation of any fire suppression sprinkler system shall be issued until the applicant files with the Building Official a complete set of plans for such system approved by the Insurance Services Offices and the Fire Prevention Bureau. 3.202. Sprinkler Permits. For the installation of sprinkler equipment, the permit fee charge shall be made at the rate of $7.50 for the first ten sprinkler heads or fraction thereof, plus $1.50 for each additional ten sprinkler heads or fraction thereof. 3.203. Standpipe Permits. For the installation of any standpipe, the fee shall be $15.00 plus an additional fee of $1.50 per floor served by such standpipe over five floors. 3. 204. Alteration Permits. For the alteration, repair or extension of standpipe or sprinkler systems where the work is of such a nature that the permit charge cannot be determined by Sections 3.202 and 3.203 above, the permit fee charge shall be made at the rate of $5.00 for each $500.00 or fraction thereof of the market value of such work. - 13 - 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 25th day of Apri] ,1977. / Edwar~ Erickson, Mayor Attest: Betty Pou/liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the §th day Of May , 1977.) RESOLUTION PROCLAIMING MUNICIPAL CLERK'S WEEK WHEREAS, the efficiency and order with which government carries out its public function is strongly reliant on proper procedures, open and thorough communications between all municipal departments and public bodies and with the citizenry, and complete confidence and understanding by the citizenry of the programs and goals of their community; and WHEREAS, the Municipal Clerk records the decisions of the legislative body; administers its procedures; reports to it on all communications, reports, and requests received from a variety of sources; and maintains the official records of the municipal government; and WHEREAS, an organized and accurate source of knowledge about a community and its governmental activities is vital to the smooth governing of that muni- cipality; and WHEREAS, the Municipal Clerk serves as the central source of knowledge and records of municipal government, which records must be readily available to municipal departments, community groups, and individual citizens; and WHEREAS, the strength of local government depends upon the citizens' opinion of it and their trust in its competency and goals, and such opinion is formed largely by the image set forth by the municipal government employees, and WHEREAS, the Municipal Clerk is the government official most closely in daily contact with the citizenry, and, therefore, is in a key position to mold sound public opinion; and WHEREAS, Betty Pouliot has demonstrated, by continuously and conscien- tiously improving skills required to meet the future challenges of local government, an awareness of the need to give the maximum amount of service at the minimum expenditure of the tax dollar, NOW, THEREFORE, THE CITY COUNCIL, CITY OF NEW HOPE, MINNESOTA, does hereby proclaim the week of May 9, through May 15, 1977 as MUNICIPAL CLERK'S WEEK in recognition of the vital services Betty Pouliot performs and the out- standing dedication to the community she represents. DATED this 9th day of May, 1977. RESOLUTION PROCLAIMING POLICE WEEK WHEREAS, the week of May 15th, 1977 has been designated as Police Week throughout the United States, and WHEREAS, Police Week is designed to focus attention to the various technical services provided by the many police departments throughout the nation, and WHEREAS, the Police Department of the City of New Hope has planned and will provide demonstrations and programs throughout the community in observance of Police Week, NOW, THEREFORE, the City Council of the City of New Hope, Minnesota, do hereby proclaim the week of May 15th, to May 22nd, 1977 as POLICE RECOGNITION WEEK in New Hope, Minnesota and urge all citizens to participate in such events as will be offered in order to learn more about the local police department and to honor the members of the police profession in the City and throughout the nation. Adopted by the Council this 9th day of May, 1977. ~/~i~ - Edwa~n, Mayor Bett~6~xliot, City Clerk-Treasurer ' A RESOLUTION REQUESTING A RECONCILIATION OF THE SYSTEM STATEMENT OF THE METROPOLITAN COUNCIL WITH A REQUESTED ADJUSTMENT IN SANITARY SEWER SYSTEM CAPACITY FROM THE CITY OF NEW HOPE WHEREAS, the City of New Hope has been furnished with a copy of the ~nal systems statement from the Metropolitan Council, and WHEREAS, the City does not agree with the figure of 2.78 million gallons per day sewage flow projected on page 19, of the February 24, 1977 statement, and ~EREAS, the Metropolitan Council on April 28, 1977 adopted a Metropolitan System Statement Reconciliation Procedure, and WHEREAS, the City of New Hope is most desirous of achie~ng a reconcilia- tion of the difference of o~nion in regard to future sewer needs, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, City of New Hope, Minnesota that: 1. The Land Use Advisory Committee of the Metropolitan Council be requested to conduct a hearing as to the City of New Hope sewerage needs. 2. The specific section of the Systems Statement requested to be Mended is found on page 19, of the February 24, 1977 state- ment, in C. Waste Management, Metropolitan Interceptors and Treatment Plants. Based on present industrial development, the City had a 1976 indust~al sewage flow of .25 MGD. If the same development trend as now established continues, the City will need at least another .25 MGD reserve for future industrial flow. This would necessitate a .5 MGD for industrial rather than the .27 noted. The total MGD for the community should then be adjusted upward accordingly. BE IT FURTHER RESOLVED, that if the sewage capacity cannot be amended as re- quested above, that the wording in the text be changed to clearly indicate that the sewage flow limits pertain to reserve treat- ment capacity only, which is understood by the City to be pro- jected on a 15 year basis and that the City does have the right, based on development of its internal land use to have the MGD figures for the City adjusted as a need for additional treat- ment capacity is demonstrated based on actual development. Adopted this 9th Day of May, 1971. Mayor ATTEST: t~ Cl~rk-TreaSurer' / ' · RESOLUTION APPROVING HCP NO. 6752 WITH CERTAIN MODIFICATIONS WHEREAS, plans for Hennepin County Project No. 6752 showing proposed alignment, profiles, grades and cross sections, together with specifications and special provisions for the construction of County State Aid Highways Nos. 8, 10 and 102 within the limits of the City of New Hope as a State Aid Project have been prepared and presented to the City; NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope that said plans, specifications, and special provisions be in all things approved subject to the understanding that construc- tion within the City of New Hope will proceed only if adequate access, as determined by the City Council of New Hope, is provided to the af- fected New Hope businesses. If adequate access is not provided then construction shall stop at the New Hope/Crystal city line. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized and directed to execute Agreement No. PW 05-79-77, provid- ing for cost sharing on Project No. 6752 in order to set aside the $9000 estimated City share of costs if construction is carried out in the City of New Hope after obtainment of adequate access. Adopted this 23rd day of May, 1977. ATTEST: ~/~ ~ '-~ Clerk-Treasurer NOTICE OF PUBLIC HEARING FOR PROPOSED STREET AND STORM SEWER IMPROVEMENT NO. 328 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 20th day of June, 1977 at 7:00 P .M., or as soon thereafter as the matter may be heard, 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 improvements, including concrete curb and gutter, bituminous surfacing, Class 5 gravel, excavation, and storm sewer 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, de- scribed as follows: Lots i through 16, Block 1, Meadow Lake Park 2nd Addition Lots i through 3, Block 1, Allan Hills 2nd Addition Lot 1, Block 1, Allan Hills Addition Lot 1, Block 2, Allan Hills Addition Ail in the North 1/2, Section 6, Township 118, Range 21 West, Hennepin County, Minnesota. 3. The estimated cost of said improvement is $25,200. 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 23rd day of May, 1977. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 9th day of June, 1977, and the 16th day of June, 1977. RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET AND STORM SEWER IMPROVEMENT NO. 328 (62ND AVENUE NORTH STREET IMPROVEMENT) 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 $25,200. 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 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: Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Dated this 23rd day of May, 1977. / Ed~rd J. Erickson, Mayor ~Clerk-Treasurer Attest: ~ -3- RESOLUTION REQUESTING APPOINTMENT OF CITY CLERK AS DEPUTY REGISTRAR OF BICYCLES FOR THE CITY OF NEW HOPE WHEREAS, Chapter 41, Laws 1977 provides in part, that the Commis- sioner of Public Safety shall appoint as deputy registrars of bicycles any agent or employee designated by a munici- pality that sells bicycles at public auction who applies for appointment in a manner prescribed by the commissioner and, WHEREAS, application has not heretofore been made for such appoint- ment for the City of New Hope, and WHEREAS, this Council wishes to make bicycle registration readily available to its citizens so as to assist in effectively dealing with the problems associated with theft and the recovery of stolen bicycles, NOW, THEREFORE, BE IT RESOLVED, 1) That the Cormuissioner of Public Safety is hereby requested to designate the New Hope City Clerk- Treasurer as a deputy registrar of bicycles for the City of New Hope, Minnesota, and 2) The City Clerk-Treasurer is hereby directed to for- ward a certified copy of this resolution to said commissioner, which copy is to serve as the applica- tion. Adopted by the City Council, this 13th day of June, 1977. A RESOLUTION APPROVING A JOINT AND COOPERATIVE AGREEMENT WITH'THE CITY OF CRYSTAL FOR THE IMPROVEMENT OF LOUISIANA AVENUE (STREET AND STORM SEWER IMPROVEMENT NO. 286) WHEREAS, the citizens of New Hope and Crystal have agreed to a joint project for the improvement of a portion of Louisiana Avenue, and WHEREAS, it is necessary to adopt a Joint and Cooperative Agreement to formalize the arrangement to be used in carrying out this project, NOW, THEREFORE, BE IT RESOLVED by the City Council, of the City of New Hope that the attached "Joint and Cooperative Agreement" for the improvement of Louisiana Avenue be approved and that the Mayor and Manager are hereby authorized and directed to execute the same on behalf of the City of New Hope provided that the following changes are made in the agreement: a) That prior engineering and legal costs in the amount of $574 incurred by the City of New Hope be included in the project costs and then split on the formula provided in Section IV. b) That the items: retaining walls, tree removal, and bituminous driveways be added to the items in Section IV, that are to be paid for by the City in which the work is done. Adopted this 13th day of June, 1977. '- ~C~rk-Treasurer A RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM GENERAL FUND TO TRUST AND AGENCY FUND AND DIRECTING THAT DELINQUENT TAXES RECEIVED FROM PERA TAX LEVIES BE CREDITED TO GENERAL FUND WHEREAS, A deficit balance of $2,464.00 exists in the Trust and Agency Fund, and WHEREAS, this deficit relates primarily back to the period in which PERA was funded through the Trust and Agency Fund, and WHEREAS, a major portion relates to uncollected PERA delinquent taxes, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Minnesota that $2,464 be transferred from General Fund surplus to Trust and Agency and that any future collections received on delinquent PERA taxes be credited to General Fund account Adopted this 13th day of June, 1977. ATTEST: ~ '~ty Clerk RESOLUTION AUTHORIZING TRANSFER OF $4,992 FROM GENERAL FUND TO CENTRAL GARAGE WHEREAS, Central Garage operations for 1976 produced an operating loss of $4,992, and WHEREAS, current Central Garage established rates will not recover this loss, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope that $4,992.00 be transferred from the General Fund surplus to Central Garage. Adopted this 13th day of June, 1977 ATTEST ORDINANCE NO. 77- 13 AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY CODE RELATING TO EXTENT OF TR DISTRICT (SANDPIPER COVE) City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1: Chapter 4 of the City Code is hereby amended by the -addition of Section 4.109 (3) (Extent of Townhouse (TR) Residence Districts) as follows: . (3) The East 750.5 feet of the Northwest 1/4 lying South of the -.' center line of the Rockford Road, so called, Section 18, - - ' '" Township 118 NOrth, Range 21, West of the 5th.principal Meridian, EXCEPT that part of the East~ 1/2 of the NorthWest '"'. . . 1/.4 of Section 18, Township 118, Range 21, described as - · '" .- -follows: .' §eginning at the Southeast corner thereof;~ lhenee . . . West.along South Line of said Northwest 1/4 a distance of ':. 750.5 feet; thence North and parallel with.the East Line of said Northwest 1/4, a distance of 1022.0 feet to a point, which is 500.0 feet South of the center line of Rockford Road as measured at right angles; thence Southeasterly in a straight .line and parallel with said center line to a point in said East line, a distance of 1001.5 feet North of the point of beginning; thence South to the point of beginning; EXCEPT all that land ~vhieh lies Northerly of a line drawn parallel with and distant 45.0 feet Southerly. of said center line of Rockford Road (Co..un.ry.. ~.~. State Aid Highway No. 9), Hennepin County, Minnesota. ..~ Section 2. This ordinance 'shall be effective from and after its ~p~'s/~ ~and publication. -Passed by the City Council~of the City--of New Hope.the ~Tth -day of ~June, 1977, -:.Attest: -~ // ~d'g. Erickson, Mayor Betty 136uliot, Clerk-Treasurer -~ublished in the New .Hope-Plymouth Post -the ] a~h-dayaf~ .Jul y , ,1977, ) ORDINANCE NO. 77- ]4 AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE RELATING TO BICYCLES, ESTABLISHING A LOCAL LICENSING PROCEDURE. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Chapter 11 of the City Code is hereby amended by the de- letion of Sections 11.31 through 11.35, and by the substitution therefor of the following Sections 11.31 through 11.336. · ° 11.31 Definitions. For purposes of this ordinance, the terms defined in this section - shall have the meanings given them. 11.311 Bicycle. "Bicycle" includes any device propelled by human power upon which any person may ride, having two tandem wheels either of which is over 14 inches in diameter, and any device generally recognized as a bicycle though equipped with two front or two rear wheels, or a unicycle. 11.312 License Plate. "License plate" means a tag, plate, seal or other device which can be securely attached to a bicycle and is issued upon registration of the bicycle. 11.313 Commissioner. ~Commissioner" means the Commissioner of Public Safety of the State of Minnesota. 11.32 License Required. No person shall ride or propel a bicycle upon any street or sidewalk in the City unless such bicycle has been registered and a license plate is attached as provided in this ordinance. 11.33 Procedure. 11. 331 Application. Application for bicycle registrations shall be made to the ~qew Hope Deputy Registrar of bicycles at New Hope City Hall. Application shall be on a three-part form provided by the commissioner. The original shall be immediately forwarded to the commissioner, the second copy shall be retained by the purchaser and the third copy shall be retained for one year by the deputy registrar who received the application. The com- missioner shall designate a number to be stamped or otherwise permanently affixed on the frames of bicycles on which no · serial number Can be found, or on which the number is illegible or insufficient for identification purposes. 11.332 Registration Fee. The registration fee for bicycles shall be $ 3.50. These fees shall be paid at the time of registration. Ail fees so collected shall be deposited in the general fund. 11.333 Proof of Purchase. Proof of purchase shall be required for registration. Bicycles lacking proof of purchase shall 'be registered if there is no evidence that such bicycle is stolen. However, the registration record shall be marked to indicate that no proof of purchase was provided. The registration of a bicycle shall be valid for a term of three calendar years. 11.334 Report of Transfers. Every person who sells or transfers ownership of any bicycle registered pursuant to law shall report the sale or transfer to the commissioner, indicating the name and address of the per- son to whom the bicycle was sold or transferred. The report shall be made within 14 days of the sale or transfer. 11.335 Notification of Address Change. Whenever the owner of a bicycle registered pursuant to this ordinance or the Laws 1976, Chapter 199 moves or changes address, he shall notify the commissioner in writing of the new address within 14 days. 11. 336 License Plates. The Deputy Registrar shall provide to the registrant a suitable registration card having the registration number stamped thereon and indicating the date of registration, the make and serial number of the bicycle, the owner's name and address, and any additional information as the commissioner may require. Information concerning each registration shall be retained by the commissioner. The Deputy Registrar shall issue a license plate which shall be securely attached to the bicycle covered by the registration. Upon a satisfactory showing that the license plate or registration card has been lost or destroyed the commissioner shall issue a replacement license plate or registration card upon payment of a fee of $1.50. Ail fees so collected shall be deposited to the general fund. Section 2. Section 11.36, "D_~maging' Tags - Using Bicycle Without Permission", is hereby repealed in its entirety, and the following Section 11.36 is hereby enacted: 11.36 Mutilation. No person shall willfully remove, destroy, mutilate or otherwise alter the serial number or equivalent number of any bicycle designated by the commissioner pursuant to Section 168C .03 of Minnesota Statutes, or Section 11.331 herein. No person shall willfully remove, destroy, mutilate, or otherwise alter any license plate during the time in which the license plate is operative. Any person who violates the provisions of this section is guilty of a misdemeanor. Section 3. Section 11.38, "Enforcement", is hereby repealed in its entirety, and the following Sections 11.38, "Theft" and 11.39, "Tampering With a Bicycle", are hereby enacted: 11.38 Theft. 11.381 Reporting Theft. The Police Department shall report the theft of all bicycles · registered pursuant to this ordinance or to the Laws 1976, Chapter 199 to the Department of Public Safety within five days. Reports of the stolen bicycles shall be entered in the Minnesota crime in- formation center of the Department of Public Safety. When the stolen bicycle h as been recovered by a local law enforcement ' ~'~ agency, the agency shall report the recovery to the Department -~ of Public Safety within five days of the recovery. 11.382 Penalty.. Any person who knowingly sells or offers for sale a bicycle registered under Laws 1976, Chapter 199, or this ordinance which is not owned by him or a member of his family is guilty of theft and subject to punishment under Minnesota Statutes, Section 609.52, Subdivision 3. 11.39 Tampering with a Bicycle. No person other than the owner or the owner's authorized agent, except for protection of the bicycle , shall tamper with any bicycle which has been locked or placed in a rack or otherwise secured. Any person who violates this section is guilty of a misdemeanor ~ Section 4. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the 27th day of June, 1977.  'Edward ~/Erickson, Mayor Attest: ~-Treasure (Published in the New Hope-Plymouth Post the ltl. thdaY of ~],,ly , 1977 .) RESOLUTION AUTHORIZING REPRESENTATION IN JOINT POLICE NEGOTIATIONS FOR A CONTRACT YEAR BEGINNING 1978 WITH TEAMSTERS, LOCAL #320 WHEREAS, the City Council of the City of New Hope does desire to participate in joint negotiations for a contract with Teamsters, Local 320 beginning in 1978. NOW THEREFORE BE IT RESOLVED that the City Council of the City of New Hope does hereby authorize the committee which has been established by MAMA with Harlyn Larson as Chairman to serve as its representative in police negotiations with the International Brotherhood of Teamsters. Adopted by the Council this 27th day of June, 1977. ~ '~ Er]~. Erickson, Mayor ATTEST: . . v k T A RESOLUTION AUTHORIZING APPLICATION FOR DISEASED TREE GRANT-IN-AID ASSISTANCE WHEREAS, the Minnesota Department of Agriculture provides matching grant-in-aid to assist residential property owners in the removal and disposal of diseased trees pursuant to Minnesota Statutes, Section 18.023, Subdivision 3a and, WHEREAS, the City of New Hope has initiated a program of subsidies to its citizens, BE IT RESOLVED, that the City of' New Hope shall make application to the Minnesota Department of Agriculture for grant-in-aid and shall conduct a grant-in-aid program for resi- dential property owners in compliance with the provisions of Minnnesota Statues, Section 18.023, ADOPTED BY THE COUNCIL THIS 27TH DAY OF JUNE, 1977. × or ATTEST: ~rk~ CITY OF NEW HOPE RESOLUTION APPROVING 'PLAT OF KING INDUSTRIAL PARK BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. It is hereby found and determined by this Council that · the plat of land described in the title of this resolution is ac- cepted under the subdivision regulations of the City and that a public hearing has been duly held thereon. 2. This Council, as the platting authority provided by Chapter 670, Laws of 1965, does hereby approve the said plat. 3. The Mayor and Clerk are hereby authorized to signx the final plat. ~ ~ . ~ ~ lx~ ~u~~~ Mayor Attest. ~~_Treas u~rer 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 June 27, 1977 Witness my hand and the seal of said City this day of ~Tv/y ~ ~ , 19~. / ~e ~ rk-Treasurer jjq RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF KING INDUSTRIAL PARK BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. The plat of land described in the title of this resolution has heretofore been approved by this Council. 2. The City Attorney is hereby directed to hold the hardshells of said plat until the following conditions for release and delivery have been met: (a) The Developer shall execute and deliver to the City a "Development Contract" secured by a "Development Bond" in an amount and with surety and conditions satisfactory to the City to assure to the City that driveway approaches, street signs, boulevard improvements, and other necessary improvements be constructed and installed to City specifications; (b) The Developer has delivered to the City an abstract of title in customary form and the City Attorney, after a title examination thereof, reports that the persons purporting to dedicate the public streets and easements in said plat have sufficient and good title in the lands platted to do so. (c) Additional conditions: 1. The Developer furnish a five foot easement along the west line of the plat. 2. The Developer submit a drainage plan which meets with the approval of the City Engineer. 3. The Mayor and City Manager are hereby authorized to accept and sign the Development Contract required in 2 (a) above upon approval of said contract and development security by the City Attorney. Adopted by the Council this 27thday of June , lg 77. /~ Mayor Attest: ~ / t'---~/Clerk-Treasurer RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE CITY OF NEW HOPE, MINNESOTA PRESENT PLAT 62378 PARCEL 8000 {FOR Staben Company Outlot B. {Olson Industrial Park) BE IT RESOLVED by the City Council of the City of New Hope: 1. That Section 462.358, Subdivision 6, of the Laws of 1965, Ch. 670, provides that Subdivision regulations may provide for a procedure ~or 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 ground-s 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 ~hen 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 Hennepin, State of Minnesota described as follows: a) North 60 feet of Outlot B, Olson Industrial Park b) Balance of Outlot B Be it further resolved that the North 60 feet of Outlot B be forthwith combined with Lot 1, Block i, Olson Industrial Park. Dated this llth day of Julv ~ , 197_y_7_z. ~~k~Treasurer ORDINANCE NO. 77-15 AN ORDINANCE DEFINING AND REGULATING THE MAINTENANCE AND OCCUPANCY OF DWELLINGS IN THE CITY OF NEW HOPE, MINNESOTA. The City Council of the City of New Hope ordains: Section 1. Chapter 3 of the New Hope City Code is hereby amended by the addition of the following Sections 3.200 through 3.272. 3.200 DWELLING MAINTENANCE AND OCCUPANCY CODE 3. 201 Title. This Ordinance shall be known, cited, and referred to as the "New Hope Dwelling Maintenance and Occupancy Code", except as referred to herein, where it shall be known as "this Ordinance". 3.202 Purpose. The purpose of this Ordinance is to protect the public health, safety, and the general welfare of the people of the City. These general objectives include, among others, the following: 3.2021 To protect the character and stability of all areas within the City. 3.2022 To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, genera1 welfare, and health, including the physical, mental, and social well-being of persons occupying or utilizing structures within the City. 3.2023 To provide minimum standards for cooking, heating, sanitary equipment, light, and ventilation necessary to health and safety. 3.2024 To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit. 3.2025 To provide minimum standards for the maintenance of exist- ing buildings, and to thus prevent deterioration and blight. 3.2026 To preserve the value of land and buildings throughout the City. 3.203 Discrimination and Privacy.. Inspection and enforcement shall be based on the requirements of this Ordinance only and shall not be used to discriminate against any person on any basis not specified in this Ordinance. Neither in enacting this Ordinance is it the intention of the City Council to interfere or permit interference with legal lights to personal privacy. 3.204 · Right to Livelihood. The City council does not, by this Ordinance, intend to deprive any person of the right to livelihood, except when the pursuit of that livelihood is liable to be deleterious to the public health, safety, or general welfare of the people of the City. 3.205 Contractual Relationships.. With respect to rental, lease, or sale disputes, and except as other- wise specifically provided in the terms of this Ordinance, it is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord or between buyer and seller. The City Council does not intend to intervene as an advocate of any party, nor to act as an arbiter, nor to be receptive to complaints which are not specifically and 'clearly relevant to the provisions of this Ordinance, nor to be responsible for certification of the condition of structures, fixtures, or facilities, except at the time of inspection. In the absence of other relevancy~ to the provisions of this Ordinance, it is in- tended that the contracting parties exercise such legal sanctions as are available to them without the intervention or involvement of City government. 3.206 Applicability. Every building and its premises and any accessory structure thereof, shall conform to the requirements of this Ordinance, irrespective of when such building may have been constructed, altered, or-repaired, except that no structure shall be required to exceed the minimum standards contained in the Building Code effective and applicable at the time of its construction. This Ordinance establishes minimum standards for erected structures, accessory structures, and related premises. 3.207 ..S_epar ability. Every section, provision, or part of this Ordinance is declared separable f~-om every other section, provision, or part to the extent that if any section, provision, or part of the Ordinance shall be held invalid, it shall not invalidate any other section, provision, or part thereof. -2- 3.210 RULES AND DEFINITIONS 3.211 Rules. The language set forth in the text of this Ordinance shall be inter- preted in accordance with the following rules of construction: 3.2111 The singular number includes the plural, and the plural the singular. 3. 2112 The present tense includes the past and the future tenses, and the future the present. 3.2113 The word "shall" is mandatory while the word "may" is permissive. 3.2114 The masculine gender includes the feminine and neuter. 3.2115 Whenever a word or term defined hereinafter appears in the text of this Ordinance, its meaning shall be construed as set forth in such definition thereof. 3.2116 Wherever the words "dwelling", '"dwelling unit", "building", "commercial facility", "non-residential facility", "premises", or "structure" are used in this Ordinance, they shall be construed as though they were followed by the words "or any part thereof". 3.212 Definitions. The following words and terms, wherever they occur in this Ordinance, are defined as follows: 3.2121 Accessory Building.. or Use: A subordinate building or use which is located on the same premises on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. 3.2122 Approved: Acceptable to the Director of Protective Inspections following his determination as to conformance with the pro- visions of this Ordinance. 3.2123 Basement or Cellar: That portion of a building' between floor and ceiling, which is partly below and partly above -3- grade. If so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling, the portion shall be termed a basement; if so located that the vertical distance from grade to the floor below exceeds the vertical distance from grade to ceiling, the portion shall l~e termed a cellar. 3.2124 Boarding House: A building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals are provided to persons, not members of the principal family (S~e "Family") therein, but not including a building providing these services for more than ten (10) persons. 3.2125 Boarding (House) Home - Foster Children: A family dwelling where children out of their own homes are cared for. 3. 2126 Building: Any structure used or intended for supporting or sheltering any use or occupancy. 3. 2127 Clean: Absence of rubbish, garbage, vermin, and other unsightly offensive, or extraneous matter. 3~2128 Commercial Facilities: Any building, structure, premises, or facility which supports, shelters, or encloses any business, occupation ,.employment, or enterprise Wherein merchandise is exhibited or sold, or which occupies time, attention, labor, and materials, or where services are offered for compensation, and which is taxable and for profit. 3.2129 Common Areas: In a multiple-family dwelling, halls, corridorS, passageways, utility and recreational rooms, and exterior landscaped areas, not under the exclusive control of one family and for the use and benefit of multiple families shall ~ · · be considered common areas. Common areas shall not be~ · considered a part of any dwelling unit for purposes of cal- culating habitable space. For non-residential, multipl~~ occupancy buildings, common areas are those which are nOt under the exclusive control of a single occupant's operation · and are jointly utilized by or supporting multiple operations. 3.21210 Dwelling: A building, or portion thereof, designed or used exclusively for residential occupancy of a continued nature, including one-family dwellings, both attached and detached, two-family dwellings, and multiple-family dwellings; but not including hotels and motels. -4- 3.21211 Dwelling Unit: A single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. 3.21212 Easily Cleanable: Readily accessible and of such material and finish and s° fabricated and placed that residue which may accumulate can be completely removed by normal cleaning methods. 3.21213 Family: One (1) or more persons each related to the other by blood, marriage, adoption, or foster care, or a group of not more than five (5) persons not so related maintaining a common household in a dwelling unit. 3. 21214 Floor Area: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. 3.21215 Flush Water Closet: A toilet, with a bowl and trap made in one piece which is connected to the City water and sewer system or other approved water supply and sewer system. 3.21216 Functioning,: A structure or a part thereof or any fixture or facility required therein in such physical condition as to safely perform the service or services for which it was designed or intended. 3.21217 Garbage: Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 3.21218 Habitable BuildinG: Any building or part thereof that meets minimum standards for use as a home or place of abode by one (1) or more persons. 3.21219 Habitable Room: Aroom or enclosed floor space used or in- tended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and work- shops, hobby and recreation areas in parts of the structure below ground level or in attics, and unfinished basements -5- or cellars (those without floor covering, ceiling covering, wall finish, required ventilation, required electric outlets and required exit facilities). 3.21220 Heated Water: Water heated to a temperature of not less than 120© Fahrenheit, 49° Centigrade, measured at faucet outlet. 3. 21221 Home Occupation: For the purposes of this Ordinance,- buildings enclosing and supporting approved home occupations shall be considered dwellings rather than commercial facilities. 3.21222 Insanitary: As applied to a structure means liable to be a danger or hazard to the health of persons occupying or frequenting it, or to the public, if such danger arises from the methods or materials of construction, or from equipment installed therein for the purposes of lighting, heating, ventilation, or plumbing, or from existing conditions liable to cause rat infestation, vermin infestation, accumulation of trash or debris in the building, yards, or accessory structure on the premises (same as unsanitary). 3.21223 Kitchen: A space which contains a sink with counter working space, adequate space for installing cOoking and refrigeration equipment, and adequate space for storage of cooking utensils. 3.21224 Multiple Family Dwelling: A building or portion thereof containing' three (3) or more dwelling units. 3.21225 Multiple Occupancy: The occupancy of a building that supports, shelters, or encloses more than one (1) distinct and separate use, including multiple dwelling units, multiple commercial operations, or any combination of these or other uses. 3.21226 Non-Public Areas: Those areas in a non-residential facility which are not normally occupied by the general public or non-employees, or those which would be inaccessible to the public under normal circumstances. 3.21227' Non-Residential Facility: A building or structure which is used for other than residential purposes, or a part of such structure, or a structure a part of which is used for other than residential purposes, and in every case, the premises on which such a structure or facility is located. This designa- tion shall include, but shall not be limited to nursing homes, rest homes, hospitals, schools, churches, public buildings, day-care centers, hotels, and all commercial facilities. This designation shall not include buildings sup. porting approved home occupations. -- 6-- 3.21228 Nursing Home (Rest Home): A building having accommoda- tions where care is provided for two or more invalid, infirmed, aged convalescent or physically disabled persons that are not of the immediate family; but not including hospitals, clinics, sanitariums, or similar institutions. 3.21229 Occupancy: The purpose for which a building, or part thereof, is used or intended to be used. 3.21230 Occupant.: Any person (including owner or operator) inhabiting or occupying and utilizing a building or portion thereof. 3.21231 .Occupied: For dwelling units, occupied areas will include those areas designated and utilized as habitable space, as well as non-habitable spaces which are easily accessible and normally utilized by the occupants. For non-residential facilities, oc- cupied areas will include all areas utilized in the operation of whatever use occupies the building. 3.21232 Operator: The owner or his agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units, rooming units, or commercial or industrial facilities are let. 3. 21233 Owner: Any person, firm, or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care, or control of, any building or portion thereof within the City as owner, employee, or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any such person representing the actual owner shall be bound to comply with the provisions of this Ordinance to the same extent as the owner. 3. 21234 Permissible Occupancy: The maximum number of persons permitted to reside in a dwelling unit or rooming unit. 3.21235 Person: An individual, firm, partnership, association, cor- poration, or joint venture or organization of any kind. 3.21236' Plumbing: Ail of the following supplied facilities mhd equip- ment: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer, and gas lines. -7- 3.21237 Premises: A platted lot or part thereof or unplatted parcel of land, either occupied or unoccupied by any dwelling or nondwelling structure, including such building, accessory structure, or other structure thereon. 3.21238 prope~ .connection to an Approved Sewer System: A function- ing sewer connection free from defects, leaks, or obstructions with sufficient capacity to drain all fixtures or appliances which feed into it. The sewer system (be it municipal or private) must be capable of disposing of sewage in a safe, sanitary, and adequate manner. 3.21239 Proper Connection to an Approved Water System: A function- ing plumbing connection free from defects, leaks, or obstructions providing an uncontaminated, controllable flow of cold or heated water. 3.21240 Public Areas: In a non-residential facility, those areas which are normally occupied by the general public or non-employees, or those which would be accessible to the public under normal circumstances. 3.21241 Reasonable Care: Exercised by occupants, reasonable care shall be considered the treatment of all supplied facilities, fixtures, equipment, ~and structural elements such that depreciation of these objects and materials is due to their age and normal wear through use, rather than due to neglect. 3.21242 Refuse: Ail putrescible and nonputrescible waste solids in- eluding garbage and rubbish. 3.21243 Rental Dwelling or Dwelling Unit: A dwelling or dwelling unit let for rent or lease. 3.21244 Rental Non-Residential Facility: A non-residential facility let for rent or lease. 3.21245 Repair: To restore to a sound and acceptable state of operation, serviceability, or appearance in the deter- mination of the Director of Protective Inspections. 3.21246 Rodent Haborage: Any place where rodents are liable to live, nest, or seek shelter. -8- 3.21247 Rooming House. A building other than a hotel where, for compensation for definite periods, lodging is provided for persons not of the prinCipal family, but not including a building providing this service for more than ten (10) persons. 3.21248 Rooming Unit: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. 3.21249 Rubbish: Nonputrescible solid wastes (excluding ashes) con- sisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, brick, plaster, bedding, crockery, and similar materials. 3. 21250 Safe: The condition of being reasonably free from danger and hazards which may cause accidents or disease. 3.21251 SBC: The State Building Code as adopted by the State of Minnesota. 3.21252 ~: Any writing (including l~tters, words, or numerals), pictorial representation (including illustrations or decorations), emblem (including devices, symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or display designed to attract the attention of the public, whether it be attached to a structure, painted on, or in any other manner represented on a building or other structure or on the ground. 3.21253 Substandard Building: Any dwelling or non-residential facility which does not conform to the minimum standards established by City Ordinances. 3. 21254 Supplied: Paid for, furnished by, provided by, or under the control of the owner, operator, or agent of a building or portion thereof. 3.21255 Structure: Anything erected, the use of which requires more or less permanent location on the ground; or attached to some- thing having a permanent location on the ground. 3.21256: Unsafe: As applied to a structure is a condition or combination of conditions liable to be a danger or hazard to the life, safety, or health of persons occupying it or frequenting it or of the public and in danger of settlement, movement, disintegration, combustion, or collapse, whether such danger arises from the method or materials of its construction or from equipment in- stalled therein for the purposes of lighting, heating, the trans- mission or utilization of electrical power, or from obsolescence or deterioration, or from its location or otherwise. -9- 3.21257 Use: The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this Ordinance. 3.220 R E S P O N S I B I B I T I E S 'O F O W N E R S AND OCCUPANTS (The division and assignment of responsibilities set forth herein shall be observed by the Director of Protective Inspections in the enforcement of this Ordinance, ex- cept when contradicted by a contractual agreement, in force at the time of the determination of a Violation, clearly and specifically assigning and dividing these responsibilities in a different manner.) 3.221 Provision and Maintenance of Basic Services and Utilities. 3.2211 Plumbing_, Heating, and Electrical Service: Every owner shall be responsit~le for the provision and maintenance of plumbing, heating, electrical, and ventilating service to every occupied portion of every building. 3.2212 Supplied Heat to Non-Controlling Occupant: Whenever the occupant lacks direct control over the supplied heat to a dwelling unit, it shall be the responsibility of the owner that a temperature of at least 68° Fahrenheit, 20° Centigrade, or such lesser temperature required by governmenl authority, be maintained at a distance of three (3) feet above the floor in all habitable rooms, bathrooms and water closet compartments. Where persons are employed in duties and operations in an enclosed space or room within non-residential facilities, and not engaged in active physical activity, sufficient heat shall be prOVided in such spaces or rooms as to maintain a temperature of 68° Fahrenheit, 20° Centigrade, or such lesser temperature re- quired by government authority at a distance of three (3) feet above the floor. 3.2213 Climate Control as Integral Function: When facilities for interior climate control (heating, cooling, and/or humidity control) are integral functions of structures, it shall be the responsibility of the owner that such facilities are maintained and operated in a continuous manner and in accordance with the designed capacity of the installed equipment. During instances when the integral equipment is inoperative because of power or mechanical failure, alternative provisions for fresh air ventilation of every occupied portion of every building shall be the responsibility of. the owner. - 10 - 3. 222 Structural Maintenance. 3.0221 Structural Elements: Every owner of every building shall be responsible for the maintenance of all structural elements, in- cluding foundations, framework, floors, ceilings, exterior and interior walls, roofs, windows, doors, screens, stairways, porches, balconies, platforms, balustrades, and every ap- purtenance thereto. 3.0222 Reasonable Care: Every occuPant of every building shall be responsible for the exercise of reasonable care in the cleaning and operation or use of all structural elements. 3.223 Interior Maintenance. 3.2231 Maintenance of Common Areas: Every owner of a building containing two (2) or more occupancies shall be responsible for the maintenance of the common areas of the building and premises thereof. 3.2232 Maintenance of Occupied Areas: Every occupant of a building or portion thereof shall be responsible for the custodial maintenance of that part or those parts of the building and premises that he occupies and controls. 3.2233 Provision and Maintenance of Basic Fixtures and Facilities: Every owner of a building shall be responsible for the pro- vision and maintenance of the basic fixtures and facilities required in Section 3.230 of this Ordinance. 3.2234 Reasonable Care: Every occupant of a building or portion thereof shall be responsible for the exercise of reasonable care in the cleaning and operation or use of all fixtures and facilities supplied therein. 3.224 Exterior Maintenance. 3.2241 Removal of Snow and Ice: The owner of a multiple-family residential or commercial building shall be responsible for the removal of snow and ice from parking lots, driveways, steps, and walkways on the premises. 3.2242 Illumination: The owner of a multiple occupancy building shall be responsible for providing and maintaining illumination in all exterior parking lots and walkways with provisions to control glare affecting surrounding properties. - 11- 3.2243 Driving and Parking Areas: The owner of any building shall be responsible for providing and maintaining parking areas and driveways for the occupants of the building and other patrons. 3.2244 Fences and. Accessory BUilding_s: All fences or accessory buildings supplied by the owner or agent on the premises shall be the responsibility of said owner or agent. Those fences or accessory buildin~'s caused to be erected by an occupant on the premises shall be the responsibility of said occupant, 'except that when an occupant has vacated a premise his responsibility shall revert to the owner. 3.2245 Landscaping in Yards and Setbacks: The owner of any building shall be responsible for providing and maintaining landscaping in all yards and/or setbacks and all areas not designated for buildings, circulation, parking or storage on the premises. 3.2246 Storm and Screen Doors and Windows: The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and storm windows. 3.2247 Sign and Architectural L.i..ghting: The occupant of a non-residential facility shall be responsible for providing and maintaining fixtures to control glare from sign and architectural lighting on any ad- joining residential zone or public street as prescribed in the New Hope Zoning Ordinance, Section u3, Subd. C(5). 3.2248 Maintenance of Signs: The occupant of a non-residential facility shall be responsible for signs pertaining to or located on premises that he occupies and controls. The owner of a non- residential facility with mixed or multiple occupancy shall be responsible for signs located on common areas or pertaining to the general premises. 3.225 Rodent and Vermin Control. 3.2251 Rodent Harborages in Occupied Areas: It shall be the responsi- bility of every occupant of a structure or portion thereof to prevent the formation of rodent harborages in or about the premises that he occupies or controls. It shall further be the responsibility of said occupant to prevent the placement or accumulation of materials that may serve as food for rodents in a site accessible to rodents in these areas. - 12 - 3.2252 Rodent Harborages in Public Areas: It shall be the responsi- bility of every owner of a building containing two (2) or more occupancies to prevent the formation of rodent harborages in or about the common areas of the building or its premises. It shall further be the .responsibility of said owner to prevent the placement or accumulation of materials that may serve as food for rodents in a site accessible to rodents in these areas. 3.2253 Pest Extermination: Every occupant of a building containing a single occupancy shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every · occupant of a building containing more than one (1) occupancy shall be responsible for such extermination whenever his portion of the building is the only one infested. Notwithstanding, how- ever, whenever infestation is caused by the failure of the owner to maintain a building or portion thereof in a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more of the occupied portions of any building, or'in the shared or public parts of any building containing two (2) or more occupancies, extermination shall be the responsibility of the owner. 3.230 MINIMUM STANDARDS 3.231 Minimum Standards for Basic Services and Utilities. 3. 2311 Minimum Plumbing Standards: Ail plumbing in every occupied portion of every building and all common areas shall be properly installed and maintained in a sanitary, safe, and functioning condition, and shall be connected to an approved utility system in a manner prescribed by the ordinances, rules, and regulations of the City of New Hope and by the laws of the State of. Minnesota. A. Every fixture, facility, or piece of equipment requiring a sewer conection shall have such a connection, functioning, and free from defects, leaks, or obstructions with' sufficient capacity to drain it and all other fixtures, facilities, or pieces of equipment which feed into it. The sewer system, whether municipal or private, must be capable of conveying and disposing of the selvage in a safe, sanitary, and adequate manner. - 13- B. Every fixture, facility, or piece of equipment requiring a water connection shall have such a connection, functioning, and free from defects, leaks, or obstructions with sufficient capacity to adequately supply it and all other fixtures, facilities, or pieces of equipment which it supplies with an uncontaminated ,. controllable flow of water. 3.2312 Minimum Heating Standards: No person shall occupy as owner, occupant, or let to another for occupancy any building or portion thereof which does not have heating facilities which are properly installed, and which are maintained in safe and good working condition, and which are capable of safely and adequately heating 'all occupied areas located therein to a temperature of at least 70° Fahrenheit, 21° Centigrade, at a distance of three (3) feet above floor level and three (3) feet from exterior walls at an outside temperature of -25° Fahrenheit, -32° Centigrade. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning o'f this section. Portable heating equipment employing flame and the use of liqUid fuel does not meet the requirements of this section and is prohibited.' No owner or occupant shall install, operate, or use a space heater employing a flame that is not vented outside the structure in an approved manner. 3.2313 Min-imum Electrical Standards: Supplied electrical service, functioning over-current protection de~-ices, electric outlets, and electric fixtures shall be properly installed and maintained in good and safe working conditions, and shall be connected to a source of electric power in a manner prescribed by the ordinances, rules and regulations of the City of New Hope and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: A. Every building shall have at least the equivalent of 60-ampere, three-wire electric service to all occupied portions thereof. B. Dwelling units shall have at least one (1) branch electric circuit for each 600 square feet of dwelling unit floor area. C. Every habitable room of every dwelling unit shall~have at · least one (1) floor or wall-type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case less than two (2) such electric outlets. Tem- porary wiring or extension cords shall not be used as permanent wiring. - 14- D. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one (1) supl~lied ceiling or wall-type electric light fixture and every bathroom and laundry room shall contain at least one (1) electric con- venience outlet. E. Every common hall and stairway in every multiple family dwelling shall be adequately lighted by natural or electric light at all times, so as to maintain an average, horizontal illumination of two (2) foot candles as defined in the Fifth Edition of the Illumination Engineers' Society Handbook. Every public hall and stairway in structures containing not more than two (2) dwelling units may be supplied with con- veniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting. F. A convenient switch or equivalent device for turning on a light in each dwe{ling unit shall be located near the points of entrance to such unit. G. Every non-residential facility shall have sufficient circuits installed to various parts of the building to prevent over- loading and overfusing. 3.2314 Minimum Ventilation Standards: Except where there is supplied some other device affording sufficient ventilation as specified in the SBC for various occupancy types and aPproved by the Director of Protective Inspections, every occupied room shall have at least one (1) window facing directly outdoors which can be opened easily. The minimum total of openable window area in every habitable room shall be the greater of five Percent (5%) of the floor area, of the room, and in no case less than four (4) square feet. Every non-habitable room (bathroom, water closet compartment, laundry room, and utility room) shall have at least fifty percent (50%) of the openable window requirement otherwise appropriate for the floor area, except that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the Director of Protective Inspections. 3.2315 Discontinuance of Basic Services or Utilities: No owner, operator, or occupant shall cause or allow any service or utility which is required under this Ordinance, to be shut off from or discontinued for any occupied building or portion thereof let or occupied by him, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. Whenever such temporary interruptions may be necessary a reasonable effort shall be made to notify all occupants affected. 3.232 Minimum Structural Standards. 3.2321 Foundations, Exterior Walls, and Roofs: The foundation, ex- terior walls, and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. Ail portions of the building shall be adequately suppdrted by the foundation element. Every 'exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition which might admit rain or seepage to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defect which admits rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. Exteri6r surfaces shall be consistently maintained on all levels and elevations. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. If twenty-five percent (25%) or more of the exterior surface of such a wood surface is unpainted or determined by the Director of Protective Inspections to be paint blistered, the surface shall be painted. If twenty-five percent (25%) or more of the exterior surface of the pointing of any brick, b~ock, or stone wall is loose or has fallen out, or is determined by the Director of Protective Inspections to be deteriorated, the surface shall be repaired, with an effort to maintain the same type of colors and materials. 3. 2322 Floors, Interior Walls and Ceilings: Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor in rental dwelling units shall be free of loose, warped, protruding, ripped, or rotten flooring materials and floor coverings. Every interior wall and ceiling shall be free of holes and large cracks and loose plaster and shall be maintained in a tight weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. Every toilet room floor surface shall be easily cleanable. 3.2323 Stairways, Porches, Platforms and Balconies: Every stairway, inside or outside of a building and every porch, platform or balcony, shall be kept in safe condition and sOund repair. Every flight of stairs and every porch, platform and balcony floor shall be free of deterioration. Every stairwell and every flight of stairs - 16 - which is more than four (4) risers high shall have handrails approximately thirty (30) inches high, measured vertically from the nose of the stair tread to the top of the handrail. Every porch, balcony, or platform elevated more than thirty (30) inches shall have guard rails at least thirty (30) inches above the floor of the porch, platform or balcony. Guard rail supports, intermediate rails or ornamentation shall be arranged such that at no point may a nine (9) inch diameter sphere pass beneath the guard rail. Every guard rail, handrail and balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause, a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports, treads, or covering. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. 3.2324 Non-Public Stairways, platforms, and Balconies: Every stairway, platform, and balcony reserved for the use of employees, including loading docks, storage, production, and warehousing areas, shall be constructed and maintained in a safe condition as prescribed in Minnesota Statutes, Chapter 182. 3.2325 Windows, Doors, and Screens: Every window, exterior door, and hatchway shall be substantially tight and shall be kept in sound condition and repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, wind, vermin, and rodents from entering the building. Every window or other device with openings to outdoor space, which is used or intended to be used for ventilation shall be supplied with 16-mesh screens. 3.2326 Safe Building Elements; Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stair, every porch, platform, and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting loads that normal use may cause to be placed thereon. 3.2327 Access: Access to and egress from every portion of every building shall be provided in conformance to the requirements set forth in the Uniform Building Code Chapters 5-14 and Appendix Section 1313 based upon type of occupancy and type of construction. 3. 2328 Minimum Ceiling Height: The ceiling height of any habitable room shall be at least seven (7) feet; except that in any habit- able room under a sloping ceiling at least one-half of the floor area shall have a ceiling height of at least seven (7) feet, and the floor area of that part of such a room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy. 3.2329 l~nits Below Grade: No space located more than four (4) feet below grade shall be used as a habitable room of a dwelling unless approved by the Director of Protective Inspections. Approval shall be based on compliance with the minimum stan- dards of this ordinance for habitable rooms. 3.233 Minimum Interior Standards for Dwelling' Units. 3.2331 Kitchen Facilities: EverY kitchen in every dwelling unit shall include the following: A. A kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times a reasonable amount of heated and unheated running water under pressure, and which is connected to an approved sewer system. B. Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily clean- able and that will not impart any toxic or deleterious effect to food. Each dwelling unit shall have facilities for the safe storage of drugs and poisonous household chemicals. C. A stove or similar device for cooking food, and a refrigerator or similar device for the safe storage of food, which are properly installed with all necessary connections for safe, sanitary, and efficient operation. Provided that such stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator, or similar device must be provided. - 18- 3.2332 Toilet Facilities: Within every dwelling unit there shall be a i nonhabitable room with an entrance door which affords privacy to a person within said room and which room is equipped With a flush water closet in good working condition. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressue to cause the water closet to be operated properly, and shall be connected to an approved sewer system. 3.2333 Lavatory SLnk: Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be con- nected to an approved sewer system. Water inlets for lavatory sinks shall be-connected to an approved sewer system. Water inlets for lavatory sinks shall be located above the overflow rim of these facilities. 3.2334 Bathtub or Shower: Within every dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply system and - shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to an approved sewer system. Water inlets for bathtubs shall be located above the overflow rim of these facilities. 3.2335 Closet Space: Every dwelling unit shall have at least four (4) square feet of floor-to-ceiling height closet space for the per- sonal effects of each permissible occupant; if it is lacking, in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used in determining permissible occupancy. 3.2336 Door Locks and. Security: No owner shall occupy nor let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Multiple family dwellings shall be furnished with door locks as follows: - 19 - A. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead-latch type door locks shall be provided with lever knobs (or door knobs) on the inside of building entrance doors, and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a type that are permanently locked from the outside and permanently unlocked from the inside. B. Every door that is designed to provide ingress or egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that has a dead-locking bolt that cannot be retracted by end pressure, provided, however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. 3.2337 Removal of Basic Equi.pment or Facilities: No owner, operator, or occupant shall cause any facility or equipment which is required under this Ordinance, to be removed from or shut off from any occupied dwelling or dwelling unit let or occupied by him, except for such temporary interruptions as may be necessary while actual repairs .or alterations are in process, or during temporary emergencies. 3.234 Minimum Interior Standards for Non-Residential Facilities. 3.2341 Toilets and Lavatories: Every non-residential facility regularly used or occupied by persons shall be provided with toilet and lavatory facilities as further provided in this section except that small buildings (not over 150 square feet) used for shelter in connection with the operation of parking lots, storage lots, kiosks, watchman stations, and similar uses shall not be required to have such facilities if such facilities are conveniently available to workers using such buildings and are so used at all times. A. Toilet and lavatory facilities shall be provided according to the SBC (Uniform Building Code Chapters 6 through 14 and 17) and the American Standards Association Minimum Re- quirements for Sanitation in Places of Employment A.S .A.Z1 - 1955, except that separate facilities for the sexes - 20 - may not be required in establishments occupied by five or less persons of both sexes taken together and where said facilities are not used by the public. Such facilities shall be located in a space completely enclosed by partitions and self-closing doors separating them from any other room or space. Such toilet rooms shall be provided with adequate light and ventilation. B. Ail toilet facilities and toilet rooms shall be kept neat and clean at all times. The toilet room walls and ceiling shall be Provided with a smooth surface and where paint is used as the surface coating it must be maintained and painted as is necessary for cleanliness. Floors in such rooms must be of non-absorbent materials such as concrete, brick tile, vinyl or asphalt tile, or similar surface material. C. Toilet paper shall be provided with each toilet facility. Soap shall be provided with each lavatory. Individual towels or other means of drying shall be provided for lavatories. No common towel shall be used. 3.2342 Supplied Drinking Fountains: Ail drinking fountains provided shall comply with the provisions set forth in the Uniform Building Code, Sections 605, 705, and 1712. 3.2343 Interior Storag.e..: Storage of all goods and materials ~vithin non- residential facilities shall be arranged and maintained so as not to interfere with the intended function of windows, heating, cooling, or ventilating registers, or any other required fixtures or facilities. Neither shall stored goods and materials obstruct access to required emergency exits nor be so arranged as to 'prevent the proper functioning of required fire doors. No goods or materials shall be stored so as to constitute a fire hazard. In areas accessible to the public, adequate aisle as specified in the SBC and Fire Code shall be maintained between stored or displayed goods and materials; and said goods and materials shall be stacked or supported so as not to constitute a danger to the life or health of any person. 3.2344 Removal of Basic Equipment or Facilities: No owner, operator, or occupant shall cause any facility or equipment which is required under this Ordinance to be removed from or shut off from any occupied non-residential facility let or occupied by him, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. -21- 3.235 Minimum Exterior Standards. 3.2351 Snow and Ice Removal: Individual snowfalls, or successive snowfalls, shall be removed from all steps and walkways on the premise of multiple residential or commercial facilities within twelve (12) hours after cessation of snowfall. Snow re- moval from Provided parking facilities shall be executed in conformance with Section 9. 150 of the City Codes. 3.2352 Exterior Lightings: For multiple family dwellings, all exterior parking areas and walkways shall be provided with an average, maintained, horizontal illumination of six-tenths (0.6) foot- candles, as defined in the Fifth Edition of the Illumination En__~_gineers' Society Handbook. For non-residential facilities all exterior parking areas and walkways shall be provided with an average, maintained, horizontal illumination of two (2) foot-candles, as defined in the Fifth Edition of the Illumination Engineers' Handbook. 3. 2353 Sign, Awning, and Exterior Fixtures: Ail canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar overhang extensions shall be main- rained in good repair and properly anchored so as to be kept in a safe condition. They shall be protected from the elements and against decay and rust by the periodic application of a weather-coating material such as paint or other protective treat- ment. 3.2354 Driving and Parking Areas: All-multiple family dwellings and non-residential facilities shall be provided with paved and delineated parking areas and driveways, properly screened, striped and maintained in good condition, consistent with the New Hope Zoning Ordinance. Ail single family and two-family dwellings and townhouses shall have designated parking areas and driveways as required in the New Hope Zoning Ordinance. These areas shall be surfaced and maintained with materials suitable to control dust and drain- age. No vehicle, other than a recreational vehicle, camping, boat or utility trailer; or other recreational boats and equipment, shall be stored on an area not designated and properly maintained for purpose of parking. Recreational vehicles and other recrea- tional equipment can be parked and stored on the lot other than on designated parking areas providing such parking does not interfere with lot drainage, and that the vehicles are owned by the occupant. - 22 - 3.2355 Fence Maintenance: All fences shall consist of metal, wood, masonry, or other decay-resistant material. Fences shall be maintained in good condition both in appearance and in structure.· Wood material, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. If twenty-five percent (25%) or more of the exterior surface of such a structure is unpainted, or determined by the Director of Protective Inspections to be paint blistered, the surface ' shall be painted. 3.2356 Accessory Structure Maintenance:' ~ccessory structures supplied by the owner, agent, or tenant occupant shall be structurally sound, and be maintained in good repair and appear- ance. The exterior of such structures shall be made weather resistant through the use of decay-resistant materials such as paint or other preservatives. If twenty-five percent (25%) or more of the exterior surface of such a structure is unpainted, or determined by the Director of Protective Inspections to be paint blistered, the surface shall be painted. 3.2357 Landscaping_: 'Every Yard, setback and every area not designated for buildings, circulation, parking, recr.eation areas, and storage shall be provided with lawn or combined ground cover of vegetation, garden, hedges, tree's and shrubbery. Provided landscaping shall be maintained in good condition. Vacant land shall be maintained in accordance with the New Hope Weed Elimination Ordinance, Section 9.70 of the City Code. When landscaping originally provided and/or required wholly or partially in multiple dwelling, commercial or industrial areas for purposes of screening is found to be deficient in fulfillment · of this purpose due to inadequate provision or lack of proper maintenance, the Director of Protective Inspections may require compliance with landscaping and screening proviSions for new construction in the New Hope Zoning Ordinance. 3.2358 Grading and Drainage: Every yard, court, passageway, and other portions of a premises not designated as a storm-water ponding area shall be graded and drained so as to prevent .the accumulation of water that will be a hazard to health and safety. 3..2359 Gutters and Downspouts: Provided gutters, leaders, and down- spouts shall be maintained in good working condition as to provide proper drainage of storm water. In no case shall storm water be channeled into the sanitary sewer system. Neither shall storm water, ice, or snow be directed onto, or channeled across walkways or streets where it is liable to be a hazard to life or health. - 23 - 3.236 Minimum Standards for Rodent and Vermin Control. Every building or accessory structure and the premises on which it is located shall be maintained in a rodent-free and rodent-proof condition. 3.2361 Ail openings in the exterior walls, foundations, basements, ground or first floor's, and roofs which have a half-inch diameter or more opening shall be rodent-proofed in an approved manner if they are within forty-eight (48) inches of the existing exterior ground' level immediately below such openings, or if they may be reached by rodents from the ground by climbing unguarded pipes, wires, cornices, stairs, roofs, and other items such as ~trees or vines or by burrowing. 3.2362 Ail windows located at or near ground level used or intended to be used for ventilation, all other openings located at or near ground level, and all exterior doorways which might provide an entry for rodents, shall be suPplied with adequate screens or such other device~ as will effectively prevent the entrance of rodents into the structure. 3.2363 All sewers, pipes, drains, or conduits and openings around such pipes and conduits shall be constructed to prevent the ingress or egress of rodents to or from a building. 3. 2364 Interior floors of basements, cellars, and other areas in contact with the soil shall be rodent-proofed in an approved manner. 3. 2365 Materials stored outside of buildings shall be stacked in an orderly manner so as to prevent the creation of a rodent harborage. No stacking or piling of material shall take place against the exterior walls of a structure. 3.240 OCCUPANCY STANDARDS 3.241 One Family Per Dwelling Unit. Not more than one (1) family, except for boarders or temporary guests, as controlled by the Zoning Code, shall occupy a dwelling unit. 3.242 Permissible. O..ecupancy of Dwelling Unit. With the exception of owners occupying a respective dwelling unit prior to enactment of this Ordinance, the maximum permissible occupancy of any dwelling unit shall be determined as follows: -24- 3.2421 Minimum Spac..e; For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 3.2422 Maximum Occupancy: In no event shall the total number of occupants exceed two (2) times the number of habitable rooms, less kitchen, in the dwelling unit. 3.2423 Occupancy of Sleeping Rooms: In every rental dwelling unit, every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor space for the first occupant and every room occupied for sleeping pur- poses by more than one (1) occupant shall contain at least fifty (50) square feet of floor space for each occupant thereof. 3.250 INSPECTION AND ENFORCEMENT 3.251 Administration and Enforcement. The Director of Protective Inspections and/or his designated agents shall administer and enforce the provisions of this Ordinance and are hereby authorized to cause inspections on commercial and rental dwelling units on all classes of property within the City on a scheduled basis, and on owner occupied residential units on all classes of property at the point of sale o~· when reason exists to believe that a violation of the Ordinance has been, or is being, committed. 3.2511 Fees. To defray administrative costs of processing inspections under the ordinance a schedule of fees shall be established by the City Council to be paid by those persons or property being inspected. 3.252 Authority. Excluding appellate bodies, the Director of Protective Inspections shall be the final authority in the determination of a violation. 3. 253 Inspection Access. If any owner, occupant, or Other person in charge of a building or portion thereof fails or refuses to permit free access and entry to the structure or premises under his control for an inspection pursuant to this Ordinance, the Director of Protective Inspections may seek a court order authorizing such in- spection. - 25 - 3.254 Compliance Order. Whenever the Director of Protective Inspections determines that any building or portion thereof or premises fails to meet the provisions of this Ordinance, he may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator, or agent to correct such violations. This Compliance Order shall: 3..2541 Be in writing; 3. 2542 Describe the location and nature of the violations of this Ordinance; 3.2543 Establish a reasonable time for the correction of such violations; and 3. 2544 Be served upon the owner or his agent or the occupant, as the case may require, such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: A. Served upon him personally, or B'. Sent by registered mail to his last known address, or C. Upon failure to effect notice through A and B as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. 3.255 Notice of Violation. If after the period allowed for compliance has elapsed, the Director of Protective Inspections determines on the basis of a re-inspection that the violation has not been corrected, a notice of violation shall be issued summoning the responsible party into court. This citation shall reiterate the charge and the Ordinance Section (s) violated. 3.256 Emergency Cases. When a violation of this Ordinance constifutes an imminent peril to life, health, or property, the Director of Protective Inspections may require immediate compliance. When this is the case, no stay of proceedings in furtherance of action shall be granted on appeal. Situations which constitute an imminent peril to life, health, or property include, but shall not be limited to, the following: 3. 2561 Heating systems that are unsafe due to: burned out or rusted out heat exchangers (fire box); burned out, or plugged flues; not being vented; being connected with unsafe gas supplies; or being incapable of adequately heating the living space. - 26 - 3.2562 Water heaters that are unsafe due to: burned out or rusted out heat exchangers (fire t~ox); burned out, ruSted out, or plugged flues; not being vented; being connected with unsafe gas supplies; or lack of temperature and pressure relief valves. 3. 2563 Electrical systems that are unsafe due to: dangerous over- loading; damaged or deteriorated equipment; improperly tapped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods, ungrounded systems, ungrounded appliances in contact with earth. 3.2564 Plumbing systems that are unsanitary due to: leaking waste systems fixtures and traps; lack of a water closet; lack of washing and bathing facilities; or cross connection of pure water supply with fixtures or sewage lines. 3.2565 Structural systems, walls, chimneys, ceilings, roofs, foundations, and floor systems, that will not safely carry imposed loads. 3.2566 Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other materials rendering it unsanitary for human occupancy, including lack of light and air. 3.2567 Infestation of rodents, insects, and other vermin. 3.257 Unfit for Human Occupancy. 3.2571 Declaration: Any building or portion'thereof which is damaged, decayed, dilapidated, insanitary ,~ unsafe, vermin or rodent infested, or which lacks provision for basic illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or welfare of the occupants or of the public may be declared unfit for human occupancy. Whenever any building or portion thereof has been declared unfit for human occupancy, the Director of Protective Inspections shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human occ~lpancy, and any operating license previously issued for such building shall be revoked. 3.2572 Vacated Building: It shall be unlawful for such building or portion thereof to be used for human occupancy until the de- fective conditions have been corrected and written approval has been issued by the Director of Protective Inspections. It shall be unlawful for any person to deface or remove the declaration placard from any such building. - 27- 3.2573 Secure Unfit and Vacated Buildings.! The owner of any ~ building or portion thereof which has been declared unfit for human occupancy, or which is otherwise vacant for a period of sixty (60) days or more, shall make same safe and secure so that it is not hazardous to the health, safety, and welfare of the public and does not constitute a public nuisance. Any vacant building open at doors or windows, if ung~uarded, shall be deemed to be a hazard to the heedth, safety, and welfare of. the public and a public nuisance within the meaning of this Ordinance. 3.2574 Hazardous Building Declaration: In the event that a dwelling has been declared unfit for human occupancy and the owner has not remedied the defects within a prescribed reasonable time, the building may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes, or, in the alternative, in compliance with Sections 9.40 through 9.47 of the City Code. 3.258 Execution of Compliance Orders by Public Authority. Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may by resolution cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes. 3.259 Built-In Deficiencies. Certain specific deficiencies may be deemed to be beyond reasonable correction by the Director of Protective Inspections. Such deficiencies shall be limited to the following: 3.2591 Ceiling Heights: Any existing habitable room with less than a seven (7) foot ceiling height shall be considered a built-in deficiency which is beyond reasonable correction. 3.2592 SuPerficial Floor Area. Any existing habitable room of less 'than ninety (90) square feet shall be considered a built-in deficiency and beyond reasonable correction. 3 ] 2593 Natural Light and Ventilation: Any existing habitable room with window area less than ten percent (10%) of the floor area shall be considered a built-in deficiency beyond reasonable correction but in no case shall the required natural light and ventilation be less than five percent (5%) of the floor area. - 28 - 3.2594 ~ecurity Door Locks: In existing multiple family buildings, entrance or foyer doors lacking dead-latch type door locks, as required in Section 3.2336 A of this Ordinance, may be considered built=in deficiencies. 3.260 A P P E A L S 3.261 Right of A~l~e~. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Ordinance, such person may appeal the compliance order to the City Council sitting as a Board of Appeals. Such appeals must be in writing, must specify the grounds for the appeal, and must be filed with the City Clerk within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedingS. in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property. 3.262 Board of Appeals Decision. Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the City Council sitting as a Board of Appeals shall hold a hearing thereon. This Board. of Appeals may reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. 2.263 Restrictions on Transfer of Ownership. It shall be unlawful for the owner of any building or portion thereof upon whom a pending compliance order has been served to sell, transfer, mortgage, lease, or otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with, unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or com- pliance order and shall obtain and possess a receipt acknowledging same. Anyone securing an interest in the building or portion thereof who has received notice of the existence of a violation tag or compliance order shall be bound by same with- out further service of notice upon him and shall be liable to all penalties and pro- cedures.provided by this Ordinance. 3.264 ._A_ppeals Based on Financial Hardship. When, by reason of financial hardship, a homeowner is unable to comply with the provisions of this Ordinance in executing basic and necessary repairs and maintenance, and said homeowner is eligible for financial assistance for these purposes in the form of grant or loan from any governmental authority, the City ' - 29 - · Council may grant a temporary stay of proceedings to allow for the arrangement of such assistance. On granting this stay of proceedings, the party will be referred to the assisting agency or to the City agency administering such an assistance program for arrangement of such assistance. If, for whatever reason, such assistance is not forthcoming or its arrangement insuperable, this stay of proceedings may be terminated. The City Council may elect to execute the compliance order as provided for in Section 3. 258 of this Ordinance. 3.270 P E N A L T I E S A N D S A N C T I O N S' 3. 271 Pen~ties. Any person who fails to comply with a compliance order after right of appeal has expired, and any person who fails to comply with a modified compliance order within the time set therein, and any person who violates any of the pro- visions of this Ordinance by doing any act or omitting to do any act which con- stitutes a breach of any section of this Ordinance, shall, upon conviction thereof, be punished by a fine not to exceed Five Hundred Dollars ($500) or by imprison- ment not to exceed nineS; days, or both. Each day of such failure to comply shall constitute a separate punishable offense. 3.272 Alternative Sanctions. Notwithstanding the availability of the foregoing compliance procedures and the penalties, whenever the Director of Protective Inspections determines that any building, accessory structure or Premises thereof fails to meet the require- ments set forth in this Ordinance, the Director of Protective Inspections may issue a violation tag summoning the responsible person into court, or request the issuance of a criminal complaint and arrest warrant. Further; in the case of commercial facilities which require licensing and multiple dwellings which require registration, said licensing or registration may be revoked, or renewal thereof withheld, until compliance with this Ordinance. Section 2. This ordinance shall be effective January 1, 1978. Passed by the City Council of the City of New Hope the 11th day of July, 1977. EdW ~fd'~F~. E~iekson, Mayor Attest: .~~j,~ . ~Eh~u'liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 27th day of October, 1977.) - 30- · RESOLUTION VACATING ASSESSMENTS ON PLAT 62208, PARCEL 5509, SECTION 8, TOWNSHIP 118, RANGE 21, FOR THE YEARS 1977 and THEREAFTER CITY OF NEW HOPE, MINNESOTA BE IT RESOLVED ~y the City Council of the City of New Ho~e'as .follows: 1, The City of New Hope did acquire the fee title to Plat 62208, Parcel 5509, Section 8, Township 118, Range 21, on or about the 4th day of April, 1977. 2. The legal description of said parcel is: . That part of the Southeast ¼ of the Northwest ¼ of Section 8, Township 118, Range 21, lying North of the Soo Line right of way. 3. Assessments against the said premises are as shown on the attached sheet. 4. This Council hereby finds and determines that the assessments against the City property should be and hereby are ordered to be vacated and the City Clerk-Treasurer is authorized and directed to certify notice of the same to the County Auditor for the purpose of providing for the removal of the said assessments from the records. Dated the // ~* day of iY-u/~... , 1977. // MAY~ Attest: Seal Plat 62208, Parcel 5509' Special Assessments to be vacated 1977 and thereafter 1 __ 2__ 3 _4 5 6 1 8 & IMPROVEMENT 1 2 3 4 ~ 88_ 7 Water Main #91 9 ,14 I0 il 12 17 18 20 21 22 23 24 2~ 27 28 2~ 30 RESOLOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS STREET IMPROVEMENT NO. 328 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Plans and specifications for proposed Street Improvement No. 328 (67th Avenue North), heretofore prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers, have been presented to this Council and such plans and specifications are hereby approved, and a copy thereof shall be placed on file in the office of the Clerk-Treasurer. 2. The Clerk-Treasurer and the Engineer are hereby authorized and directed to advertise for bids in the New Hope-Plymouth Post, the official newspaper of the City, and in the Construction Bulletin for the construction proposed, said advertisement for bids to be in accordance with the form attached hereto and made a part hereof. Adopted by the City Council this 11th day of July, 1977. // E~drd J. Erickson, Mayor Attest: ~~ Be~"~p(~liot, Clerk-Treasurer RESOLUTION APPROVING CLASSIFICATION LIST NO. 652-NCi PERTAINING TO TAX FORFEITED PROPERTY AND APPROVING SALE THEREOF City of New Hope, Minnesota WHEREAS, the City Council of the City of New Hope, has received from the County of Hennepin, a list of lands in said municipality which became the property of the State of Minnesota, for non-payment of 1968 or 1969 real estate taxes, ~ich said list has been designated as Classification List No. 652-NC, and WHEREAS, each parcel of land described in said list. has heretofore been classified by the Board of County Commissioners of Hennepin C~unty, Minnesota as non-conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners: NOW, THEREFORE, BE IT RESOLVED, by said City Council, acting pursuant to Minnesota Statute 282, that the said 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 each such parcel of land be and the same is hereby approved. Dated this ~~ay o~_~_~ , 1977. - ATTEST: ~er STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF NEW HOPE ) I, Betty Pouliot, City Clerk-Treasurer of the City of New Hope, Minnesota, do hereby certify that I have compared the foregoing copy of the Resolution of the City Council of the City of New Hope with the original record of such Resolution of said City Council meeting held on July 25, 1977 and that the same is a true and correct copy of said original record and that said Resolution was duly adopted by this City Council at said meeting. IN WITNESS whereof I have hereunto set my hand and seal this day of ~_~--~ , 1977. (SEAL) RESOLUTION APPROVING CLASSIFICATION LIST NO. 652-NC" PERTAINING TO TAX FORFEITED PROPERTY AND APPROVING SALE THEREOF City of New Hope, Minnesota WHEREAS, the City Council of the City of New Hope, has received' from the County of Hennepin, a list of lands in said municipality which became the property of the State of Minnesota, for non-payment of 1968 or 1969 real estate taxes, which said list has been designated as Classification List No. 652-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 Commissioners: NOW, THEREFORE, BE IT RESOLVED, by said City Council, acting pursuant to Minnesota Statute 282, that the said 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 each such parcel of land be and the same is hereby approved. Dated this ~2~~4 day of_j~ , 1977. - ATTEST:~clerk_Treasurer STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF NEW HOPE ) I, Betty Pouliot, City Clerk-Treasurer of the City of New Hope, Minnesota, do hereby certify that I have compared the foregoing copy of the Resolution of the City Council of the City of New Hope with the original record of such Resolution of said City Council meeting held on July 25, 1977 and that the same is a true and correct copy of said original record and that said Resolution was duly adopted by this City Council at said meeting. IN w!TNESS~whereof I have hereunto set my hand and seal this //~ .... day of__~_~.~ , 1977. Appraised Value gLFBDMSIObl Dollars CITY OF I~E;I IIOPE (86) Audi2ors &~bdivision N~lber 226 tlennepin County ~nnesota N 57 f~ of S 182 ~t of E 105 ft of W 1~2 ft of Lo~ ~ ._Barrotts Terrace 62a 7/ 50 ( 96s) Wrights First Addition 62502/54~ (1969) 62502/5700 (1969) 1,21 RESOLUTION REQUESTING. AND AUTHORIZING THE METROPOLITAn. COUNCIL HOUSING ANDREDEVELOPMENT AUTHORIrTYTO APPLY' FOR REHABILITATION-GRANT FUNDS FOR IMPLEMENTATION OF THE HOME IMPROVEMENT GRANT' PROGRAM WITHIN THE CITY OF NEW HOPE City of New Hope, Minnesota-- WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide grants of funds to property owners for the purpose of housing rehabilitation; WHEREAS, the City of New Hope desires to assist low income homeowners in making repairs to their homes for the purpose of correcting defects directly affecting the safety, habitability, and/or energy usage of the property; WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota, will accept applications from housing and redevelopment authorities desiring to administer these home improvement grant program funds; WHEREAS, the Metropolitan Council has all the powers and duties of a housing and redevelopment authority pursuant to Minnesota Statutes, 1976, Section 473.193 to 473.201 under the provisions of the Minnesota Housing Redevelopment Act, Minnesota Statutes, 1976, Sections 462.411 to 462.711; and- WHEREAS, the City of New Hope desires to participate in the Minnesota Housing Finance AgencY Home Improvement Grant Program through the Metropolitan~ Council Housing and Redevelopment Authority; -~ NOW, THEREFORE, BE IT RESOLVED; that the Metropolitan Council is hereby requested to include the City of New Hope in an application for state Home Improvement Grant Program funds and that upon approval of such application, the City and the Metropolitan Council are authorized to enter into an agreement for operating the program within'the City. Adopted this ~2~~ day of ~ul/~ , 1977. ~// ~/ Mayor AIIEST:~~ /. C~yi~y Clerk-Treasurer RESOLUTION REQUESTING THE COMMISSIONER OF REVENUE TO TAKE IMMEDIATE ACTION TO SECURE EQUITABLE ASSESSMENTS IN THE SEVEN'COUNTY METRO AREA AND REQUESTING REMEDIAL ACTION BY THE LEGISLATORS CONCERNING LIMITED VALUATIONS City of New Hope, Minnesota WHEREAS, the equitable assessment of real property values is absolut61y essential in order that taxes levied by governmental units which transcend municipal and county boundaries wilt be fair, and WHEREAS, studies prepared by the State of Minnesota Department of Revenue show that there is great disparity among the seven counties in the metropolitan area, with the 1976 sales assessment ratio study of residential properties showing, for example, that Hennepin County's limited value ratio was 84.4%, and its market value ratio was 96.3%, while Anoka County's limited value ~a~io was 89.5% and its market value ratio was 92.7%, and at the low end were'iScott County's 73.9% limited value ratio and Dakota County's 81.5% market value ratio. Individual municipalities ranged from a low of 60.8% limited value in Watertown, Carver County, to a high of 94.6% in Edina, Hennepin County, with a low of 66.9% market value in Watertown to a high of 107.6% in Champlin, Hennepin County, with New Hoper's limTted ratio being ~3.2% and, WHEREAS,'1973 legislation limited current year assessments for selective property classes to a 5% increase in the preceding assessment valuation, and a 1975 amendment provided that all property classes were limited to an increase in valuation for 1975 and subsequent years of 10% of the previous valuation, or 25% of the difference between the current estimated market value and previous years' limited market value whichever is greater, and WHEREAS, the introduction of "limited" market value greatly complicates the problems of securing equitable assessments, and WHEREAS, the authority of municipal and county boards of review to make overall changes in values is severely limited by statute, and WHEREAS, the Commissioner of Revenue of the State of Minnesota constitutes the ~State Board of Equalization and is empowered to reduce wide disparities in assessment levels between counties, NOW, THEREFORE~ BE IT RESOLVED by the City Council of the City of New Hope that the Commissioner of Revenue of the State of Minnesota be requested to take immediate action to secure a uniform level of assessment among the seven counties in the metropolitan area by raising assessment levels in Carver, Scott, Dakota, Ramsey and Washington Counties, and BE IT FURTHER RESOLVED that the attention of ,the members of the House and Senate representing New Hope be called to this entire problem with the request that they make every effort possible to secure whatever changes are necessary in the "limited value" statutes so that application of this feature will not hinder the establishment of a uniform level of assessment, and BE IT FURTHER RESOLVED that cities in Hennepin and ~noka Counties and the Hennepin and Anoka County Boards of Commissioners be urged to make similar requests to the Commissioner of Revenue and to their respective legislators. Unanimously adopted this 25th day of July, 1977. ~j Edward JjErickson, Mayor ATTEST:~.~~--~F'~ Be~o~uliot, City Clerk-Treasurer RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN PARK~ MINNESOTA FOR THE CONSTRUCTION OF PROPOSED STREET AND STORM SEWER ~IMPROVEMENT NO. 328 AND ORDERING THE CONSTRUCTION OF SAID IMPROVEMENT BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 27th day of June, 1977 at 7:00 o'clock P.M. at the City Hall, 4401: Xylon Avenue North in said City, on proposed Street and Storm Sewerlmprovement No. 328 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 June 16 and June 23,~ 1977. 2. At said hearing, this Council 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 examined and approved the mailing list containing the names and addresses of all such Owners. 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. At the public hearing of June 27, 1977, an indication of the' intention of the Council was given that the project would be ordered, subject to working out "a satisfactory agreement with Brooklyn Park for the construction work." A proposed construction agreement entitled "Agreement BetWeen the City of Brooklyn Park, Minnesota and the City. of New Hope ~ MinnesOta" has been presented to this Council, and is hereby approved, and the Mayor and Manager are hereby authorized and directed to execute the said Agreement with Brooklyn Park on behalf of the City of NeW Hope. 4. That all persons desiring to be heard were given an opportunity to be' heard on the' proposedimpr.ovement at the public hearing held on June 27, 1977, the Agreement with 'Brooklyn Park for the construction of said 'improve- ment has been' found to be' acceptable, and this Council having considered the views of all persons interested and being fully advised as to all of the Pertinent facts, does hereby determine to proceed with the making of said proposed'im- pr.ovement, and said'improvement is hereby ordered. 5. The' area proposed to be assessed to pay the cost of said'impr.ovement shall include the' Property .described in the notice of public hearing pertaining thereto. 6 Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have heretofore submitted plans for the' Construction of saidimprovement, which Plans and specifications have been appr. oved and authorized for advertise- ment for bids. Adopted bY the City Council thiS 25th day of July, 197'7. Ed~d J Erickson; Mayor Attest: ~ Betty i~0~tllot, Clerk Treasurer -2- RESOLUTION APPROVING PARTICIPATION AGREEMENT FOR HENNEPIN COUNTY PROJECT NO. 7721 TEMPORARY TRAFFIC SIGNAL INSTALLATION AT CS~H 8 AND 62ND AVENUE NORTH City of New Hope, Minnesota !~HEREAS, the Agreement for Participation for Hennepin County Project No. 7721 proposing temporary traffic signal installation on County State Aid Highway 8 at 62nd Avenue North as a County Project has been prepared and presented to the City. NOW, THEREFORE~ IT 1S RESOLVED,' that said Agreement be in all things approved. BE 1T FURTHER RESOLVED~ that the Mayor and the Manager are authorized to sign .Agreement No. PW-28~04~77, Hennepin County Project 7721. Dated this ~ day of jY~.~/~ , 19 ATTEST:' Ci ~k;Tre'a~ t~r'e'r' STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE ! hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of New Hope, Minnesota at a meeting thereof held in.~the City of New Hope, Minnesota on the ~ day'of ~_/~..'. , 1'9~, as disclosed by the records of ~id' C'i~Y in my' 'possession, '~ City Clerk-Treasurer - (SEAL) , _. RESOLUTION APPROVING PLANS AND PARTICIPATION AGREEMENT, COUNTY PROJECT 7532 FOR CSAH #9 AND XYLON AVENUE City of New Hope, Minnesota WHEREAS, Plans for Hennepin County Project No. 7532 showing the proposed interconnect and traffic signals at the intersections of County State Aid Highway No. 9 (Rockford Road) and Xylon Avenue, and at Winnetka Avenue, together with the specif~cations and special pro¢isions for the construction thereof within the limits of the City as a County Project have been prepared and presented to the City, and WHEREAS, the Agreement for Participation in the Construction and Opera- tion of Traffic Control Signals and Street Lights, Hennepin County Project No. 7532, Agreement No. PW-2~-39-77 has been prepared and presented to the City. NOW THEREFORE, IT IS RESOLVED, that said plans, specifications and special provisions be in all things approved. BE IT FURTHER RESOLVED, that Agreement No. PW-21-39-77, Project No. 7532 is hereby approved and that the Mayor and Manager are authorized to sign said Agreement. Dated this ~-~ day of ~7~/? , 19 ~?. City ~erk-Treasurer CERTIFICATION STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE I hereby certify'that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of .the City of New Hope at a meeting thereof held in the City of New Hope, Minnesota on the~~ day of ~f~ , 19~7~_, as disclosed by the records of said City in my ~s~iJ~. ~ ~___._~ '~-~v/City Clerk-Treasurer (SEAL) RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE CITY OF NEW HOPE, MINNESOTA PRESENT PLAT 62220 PARCEL 4610 (FOR PLANNING CASE NO. 77-57 -- BLAINE CAREY, PETITIONER) BE IT RESOLVED by the City Council of the City of New Hope: 1. That Section 462.358, Subdivision 6, of the Laws of 1965, Ch. 670, provides that Subdivision regulations may provide for a procedure for varying the regulations as they apply to specific propertieswhere an unusual hardship on the lasd exists, but variances may be granted only upon specific grounds set forth in the regulations. 2. That Section 4.581 of the New Hope City Code provides that in any case in which compliance with the platting restrictions will create an unnecessary hardship and failure to comply does not interfere with , the purpose of the Subdivision regulations, the platting authority .(the City Council) may waive such compliance by adoption of a resolution to that effect, and that the conveyance may then be filed and recorded. '2. That this Council hereby finds and determines that as to ~remises 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 failoure to comply does not interfere with the purpose of the Subdivision regulations in this instance, and the platting authority of the City of New Hope does hereby waive such compliance, and authorize the filing and recording of conveyances using substantially the legal description contained in the following paragraph: 4. Premises in the County of Hennepin, State of Minnesota described as follows: Parcel A -- That part of the East 283 feet of the Southeast Quarter of the,Southwest Quarter of Section 20, Twp 118, Rge 21, Hennepin County~ Minnesota lying North of the South 815 feet thereof and South of the North 403 feet thereof, subject to easements of record. Parcel B -- The South 172 feet of that part of the East 283 feet of the Southeast Quarter of the Southwest Quarter of Section 20, Twp 118, Rge 21, Hennepin County, Minnesota lying North of the South 643 feet thereof subject to easements of record. 5. That this Council conditions this'waiver upon an understanding that certificate of occupancy for structures to be built on Parcel A and Parcel B above described and on Plat 62220, Parcel 4530 shall be withheld until such time as Parcel A is combined with aforementioned Plat 62220, Parcel 4530. Dated this 8th day of August, 1977. ~ ~ Attest:~ RESOLUTION AWARDING CONTRACT FOR STREET AND STORM SEWER IMPROVEMENT NO. 328 (62nd Avenue North) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the construction of Street and Storm Sewer Improve- ment No. 328 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 10:00 o'clock A.M. on the 5th day of August, 1977, as heretofore authorized by this Council. 2. That advertisement for bids for the construction of said improvement was duly published in the New Hope-Plymouth Post, the official newspaper of the City and in the Construction Bulletin, as required by law. 3. It is hereby found and determined by this Council that the bid of C. S. McCrossan, Inc. for the construction of said project in the amount of $47,275.50 is the lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have recommended to this Council the said Iow bid for the award of the contract for the construction of the improvement, and this Council does hereby award the contract for the construction to the designated lowest re- sponsible bidder. 4. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the Council this 22nd day of August, 1977. / E~ard J. Erickson, Mayor Attest: ~~ B ~,J~uliot, Clerk-Treasurer (Seal) OF T~ CITY CODE i~ELATiNG TO FLNE ( ~ND I~FJSON}~iENT. City of New l{ope, Minnesota The City Co~ne~ of ~e Ci~ of New ~{ope crdains~ Section 1, Sec~on 1.41 of tile Ci~ Code ~_ ~_~_ is hereby ~end~ to read as follows: 1 Subd. (1) Fine. Any pe~,son violating any 0£ the previsions of the Ci~ Code of New Hope sh~! be ~I~ cfi a ~s- demeanor and upon c~nviction thereof sh~l be pup~shed by a fine ~?f not m(a~e ~an Five h~d~ed Do, hats ($5~0), o~~ by imp~'iso~ent for not to exceed 98 days~ or both~ prc~ded, howevers, that ff a different punis~ent be p~escribed for violation of a specific ps. ion ~f ~s Code, such p~visions sh~i govern the pu~shment for such ~olations. Secd(m 2. T~s ord~mce sh~l be eft~etive frcm ~d ~:~te~~ its passage ~d public~6on. by ~e C~y Ceuncil o! ~e Ci~ c~f New }{er~ the ~day Passed of Au~st, 1977. (Published in the New Hope-Plymouth Post the /ff4 d,.y" of _,___~' ~--. , 1977. RESOLUTION RELATING TO ADJUSTMENTS OF ACCOUNTS RECEIVABLE IN CONNECTION WITH TAX-FORFEITED LAND IN WRIGHT'S FIRST ADDITION, LUT 10, BLOCK 2. WHEREAS We have been informed by the Hennepin County Department of Finance and Records that on January 15, 1977, the State of Minnesota cancelled all special assessments outstanding against Plat 62502, Parcel 5400, Lot 10, Block 2, Wright's First Addition, as set forth ' on the attached list. NOW'THEREFORE, BE IT RESOLVED That the City Of New Hope hereby strikes said special assessments from the accounts receivable rolls against the above-described land; and the Clerk-Treasurer is directed to correct her assessment rolls in conformity herewith. Dated this -~1 day of ~_ ~ ,~ ~ , 1977. Attest: '-~t~ Clerk-Treasurer " (seal) f~ 1969 .. ~ ~ ~ ~ ~ ~ ~ ~ cancelled 1968 To~ Levy P~Ject Yrs Cost, ~ Principal ~nte~est F~om-to 1969~76 1977 ~ns~at1 Year= Therea~ thereafter ~ .................. '175 ..... Se,er ,ain ,7 ................ 30- 48 ~183 ~ Sew,, Main fll 30 '72L45 42 2940 S~m ~,er 76A .................. 15 .-. 4 5~ .3.30' 64 8 3 . - 3;30 .... 44.09 ~ - ......... ;75 3160 ,,ter ,ain ~91 20 '78:20 ................ 68~82 8 . 4137. J .... Sto~ Seue, 163 ' ' 66~.15 80.32 4700 - ~t~r [~teral ~lOg .......... 4703'.~'.~-Street 213A ....... '}~-496~ ' Co ~eed Oest 71 Taxes [1 .2 86 )7 ~..86 i~ Z.86 .....}~-3900'~; ........... - Co ,eed Dest 74 Taxes 5973 .... ~eed Dest-74 75 Taxes 62~4 "' ~eed ~st-75 76 Taxes 25'.~ , .... ~--~ ............ ; RESOLUTION RELATING TO ADJUSTMENTS OF ACCOUNTS RECEIVABLE IN CONNECTION WITH TAX-FORFEITED LAND IN WRIGHT'S FIRST ADDITION, LOT 11, BLOCK 2. WHEREAS We have been informed by the Hennepin County Department of Finance and Records that on January 15, 1977, the State of Minnesota cancelled all special assessments outstanding against Plat 62502, . Parcel 5400, Lot ll, Block 2, Wright's First Addition, as set forth on the attached list. NOW THEREFORE, BE IT RESOLVED That the City of New Hope hereby strikes said special assessments from the accounts receivable rolls against the above-described land; and the Clerk-Treasurer is directed to correct her assessment rolls in conformity herewith. Dated this ..7~.~day of y~_vsTz-~ , 1977. Attest: (seal) Plat 62502, Parcel 5700 , Nrtght's Ftrst Addition, Lot 11 , Block 2 ~ Tot Total Annual Years Delinquent Current Remaing 1978 & Total to be ~{ Le~y Project Yrs Cost Principal Interest From-to 1969-76 1977 Install Years Thereafter cancelled 1968 & '~ ............. {'' '~46 R'' z $m 7]~ thereafter t ~ 20~7 Sewer Main ~4 205 {9.16~ - '6~ ' 5 ~7 $ . 3 .50 -0- ~ ' 5.7~' ' 2 -~-. 2175 -- Sewer Main ~7 ................... 30 6~.7 ,56 ; 1~ 45.04 ~ ~183 .... Sewer Hain ,11 _ . 30 _69'.43~ '2:31 , 59:88 ~ '.19 J. 03 25~.41 66.6~ ~ --~9409 ..... Storm Sewer 76A ............... 15 . , J 3,11 6 6 ~.96 ,3.54 3~ll, · - 41.6l 98 -~"~34137 ..... Storm Sewer 163 ..... 15 9 6.15 6 2 } ,8{0.51 .41 30;75 119.67 l~:~ 36.20 6]2.85 73.90 ~]2]..]~ ' ' ' ~4 ~J;'~703_: Street 2]3A 15 139 71 .'72 7j J8} 300]27 .152.11 . ~49 0 2101.42 ~ -'8 {9 . _ . '~ ~ '' 19 z~' 3000 Co ~eed Dest 74 Taxes ..... i~ ;7 7.77 1974 ;77 7.7 ~ ~; "~4"'~'' 5973 Need Deer-74 75 Taxes ..... ~1 I .30 1~75, ] 10,3 ......... ~ ~ 6234 Weed Uest-75 76 Taxes I 2 ~5.00 '1976 25.00 25JOJ ........ 2s 25.00 .00 3o -~ ...... $ . 7 291.17 388" ~ ........ 30 RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION~OFASSESS~ENT ROLL FOR SANITARY SEWER AND WATER MAIN IMPROVEMENT NO. 31lA (PROJECTS 311, 315, 316 AND 322 - GORDON'S LAKEVIEW TERRACE BY CHANGE ORDER) WHEREAS, this Council did, on June 14, 1976, after hearing, upon notice published and mailed as required by law, order the construction of Sewer and Water Improvement No. 311, (Gettysburg Hills), and · WHEREAS, this Council did, on July 12, 1976~ after hearing, upon notice published and mailed as required by law, order the construction of Sanitary~ Sewer and Water Improvement No. 315 (Martha Gardens), and WHEREAS, this'Council did, on July 12, 1976, after hearing, upon notice published and mailed as required by law, order the construction of Sanitary Sewer and Water Improvement No. 316 (Cooper Herman), and WHEREAS, this Council did, on August 9, 1976, approve consolidation of Sanitary Sewer and Water Improvement No. 211 with Sanitary Sewer and Water Improvement Nos. 315 and 316, changing the number of said Improvement to 31lA, and WHEREAS, thi~ Council did, on September 13, 1976, award the contract for Construction of Sanitary Sewer and Water'~Improvement No. 31lA (Gettysburg Hills, Martha Gardens, Cooper Herman) and WHEREAS, this Council did, on October 12, 1976, approve Change Order No. 1 to Sanitary Sewer and Water Improvement No. 31lA for the work ordered under Sanitary Sewer and Water Improvement No. 322 (Gordon's Lakeview Terrace 2nd), and WHEREAS, the total estimated cost of the aforementioned project is determined to be in the amounts set forth below, with the City to pay as its share the sum of $ NONE Imp. 311 Imp. 315 Imp. 316 Imp. 322 Total Total Cost $68,890.45 $4,000.91 $40,747-.80 $27,540.96 $141,180.12 City Share ............... NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Mew Hope as follows: l, It is hereby determined that the total estimated cost of Sanitary Sewer Water Improvement No. 31lA. and the amount to be assessed is as. herein- after set forth: Imp. 311 Imp. 315 Imp. 316 .Imp. 322 Total Total Cost $68,890,45 $4,000.91 $40,747.80 $27,540.96 $141,180.12 City Sha .... To be Assessed $68,890.45 $~',000.91 $40,747.80 $27,540.96 $141,180.12 2. The City Clerk-Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the entire amount to be assessed for the improvement against every assessable lot, piece or parcel benefited by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this ~ day of ~ 2~ , 1977. C~-Treas urer RESOLUTION DETERMININ~ TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET AND STORM SEWER IMPROVEMENT NO. 312A (PROJECT NOS. 312, 317 AND 318) WHEREAS, this Council did, on June 14, 1976, after hearing, upon notice published and mailed as required by law, order the construction of Street and Storm Sewer Improvement No. 312, and WHEREAS, this Council did, on July 12, 1976, after hearing, upon notice published and mailed as required by law, order the construction of Street Improvement No. 317, and WHEREAS, this Council did, on July 12, 1976, after hearing, upon notice published and mailed as required by law, order the construction of Street and Storm Sewer Improvement No. 318, and WHEREAS, this Council did, on August 9, 1976, approve consolidation of Street and Storm Sewer Improvement No. 312 with Street Improvements Nos. 317 and 318, changing the number of said improvement-to Street and Storm Sewer Improvement No. 312A. WHEREAS, this Council did, on September 23, 1976, award the contract for construction of Street and Storm Sewer Improvement No. 312A, and WHEREAS, the total estimated cost of the aforementioned project is determined to be in the amount set forth below, with the City to pay as its share $ po. Imp. 312 Imp. 317 Imp. 318 Total Cost $104,360 $16,740 $95,066 City Share ...... :- 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. 312A, and the amount to be assessed is as hereinafter set forth: Imp. 312 Imp. 317 Imp.. 318 / Total Cost $104,360 $16,740 $95,066 City Share .... To Be Assessed $-~04,360 $16,740 $95,066 -2- 2) The City Clerk-Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the entire amount to be assessed for the improvement against every assessable lot, piece or parcel benefited by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this ~ Jay of .~x~/~~ , 1977. Mayor - ~,~, .~ ! ATTEST:cst~~Tfeasurer RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET AND STORM SEWER Ir.iPROVE~IENT NO. 328 (62ND AVENUE NORTH STREET IMPROVEMENT) WHEREAS, this Council did, on July 25, 1977, after hearing upon notice published land mailed as required by law, order the construction of Street and Storm Sewer Improvement No. 328, and WHEREAS, this Council did, on July 25, 1977, enter into a Joint Powers Agreement with the City of Brooklyn Park for the improvement of 62nd Avenue, New Hope Street and Storm Sewer Improvement No. 328, and WHEREAS, the total estimated cost of the aforementioned improve- ment is determined to be in the amount of $32,164.15 with the City to pay as its share, the sum of $1,258.86 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. 328 and the amount to be assessed is as hereinafter set forth: Street Storm Sewer Total Total Cost $27,967.95 $4,196.20 $32,164.15 City Share .... 1,258.86 1,258.86 To be Assessed $27,967.95 $2,937.34 $30,905.29 2) The City Clerk-Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the entire amount to be assessed for the improvement against every ~ssessable lot, piece or parcel benefited by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this ~/ day of ~u~i~- , 1977. ATTEST: ~/~ C~v/-~fT~k~Treasurer RESOLUTION PROVIDING FOR HEARING ON ASSESSMENTS FOR SANITARY SEWER AND WATER MAIN IMPROVEMENT NO. 31lA (PROJECTS 311, 315, 316 AND 322); STREET AND STORM SEWER IMPROVEMENT NO. 312A (PROJECTS 312, 317 AND 318); STREET IMPROVEMENT NO. 328; ASSESSMENTS FOR DELINQUENT SEWER AND WATER CHARGES, CONNECTION CHARGES, INVOLUNTARY SEWER AND WATER CONNECTION.C~AR~ES~AND CONNECTION CHARGE INSTALLMENTS~ DELINQUENT CITY SERVICES-1977; 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 6f the City Clerk-Treasurer, are hereby approved as the proposed assessments for said improvements and this Council shall meet at the time and place indicated in the notice attached hereto for the purpose of passing upon said assessments and 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 SANITARY SEWER AND WATER MAIN IMPROVEMENT NO. 31lA (PROJECTS 311, 315, 316 AND 322); STREET AND STORM SEWER IMPROVEMENT NO. 312A (PROJECTS 312, 317 and 318); STREET AND STORM SEWER I~ROVEMENT NO. 328; ASSESSMENTS FOR DELINQUENT SEWER AND WATER CHARGES, CONNECTION CHARGES, INVOLUNTARY SEWER AND WATER CONNECTION CHARGES AND CONNECTION CHARGE INSTALLMENTS; DELINQUENT CITY SERVICES-1977; 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 26th day of September, 1977, at 7:00 o'clock P.M., to hear, consider and pass upon all written or oral objections, if any, to proposed assessments for the public improvements of the City described in the caption, and hereinafter. The 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 1978. 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, 1978, and each subsequent installment will be payable with one year's interest at said rate on all unpaid installments, except that no in- terest 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 adop- tion of the assessment roll. -2. The title and general nature of each improvement is as follows: A. Sanitary Sewer and Water Main Improvement No. 31lA (Projects 311, 315, 316 and 322). Construction of lateral sanitary sewer and water main and appurtenant work to serve an area described as: GETTYSBURG HILLS (Project'311) MARTHA GARDENS (Project 315) COOPER HERMAN ADDITION (Project 316) GORDON S LAKEVIEW TERRACE 2ND ADDITION (Project 322) B. Street & Storm Sewer Improvement No. 312A (Projects 312, 317 and 318.) Construction of street, including gravel base, three inches of bituminous surfacing with surmountable type concrete curb and gutter, and storm sewer and all other appurtenant work, to serve an area described as follows: GETTYSBURG HILLS (Project 312) MARTHA GARDENS (Project 317) COOPER HERMAN ADDITION (Project 318) C. Street Improvement No. 328. Construction of street improve- ments, including concrete curb and gutter, bituminous sur- facing, Class 5 gravel, excavation, and storm sewer and catch basins, and all appurtenant work, to serve an area 'described as follows: Lots 1 through 16, Block 1, Meadow Lake Park 2nd Addition Lots 1 through 3, Block l, Allan Hills 2nd Addition Lot l, Block 1, Allan Hills Addition Lot 1, Block 2, Allan .Hills Addition D. Delinquent Se~e~ and Water'Charges, Connection Charges, In- voluntary Sewer and Water Connection Charges and Connection Charge Installments; Delinquent City Services-1977; Diseased Tree Removal; and Weed Elimination. 3. The area proposed to be assessed for the making of the improvements stated in subparagraphs A through C, inclusive, of paragraph 2 above, shall include all of the lots and parcels: (a) abutting the streets above-named; (b) abutting streets as platted in the plats above-named; or {c) within or abutting the' tracts of land described above. 4. Any owner may appeal an assessment to district court pursuant to 'Section 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"22nd day of Auqus~ , 1977. BETTY POULIOT Clerk-Treasurer {Published in the New Hope-Plymouth Post September 8, 1977.) 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 .~<~/ day of .~/~ ~ ~ , 197'7. ' - Mayor ATTEST: .~~~.¢~f2~2~ %-~qy~l~dr k'- T Fe a s u'rer Councilperson Enck then introduced the following resolution and moved its adoption: RESOLUTION ~RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING PRELIMINARY APPROVAL TO THE PROJECT: REFERRING THE PROPOSAL TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR APPROVAL, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS." BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City) as follows: 1. It is hereby found, determined and declared as follows: 1.1 The welfare of the State of Minnesota requires active promotion, attraction, encouragement anddevelopment 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 de- terioration. 1.2 St. Therese Home, Inc. a Minnesota non-profit corporation (the Home), which now owns and operates within the City a 302 bed nursing home (the Existing Facility) On a site of approximately 12 acres (the Land), now proposes to construct, furnish and equip on the Land a retirement apartment facility of approximately 226 units (the Project). 1.3. The Home now estimates the cost of construction of the Project to be approximately $7,000,000. The Home will find it necessary to borrow funds to pay the cost of constructing the Project, and in its efforts to borrow funds for such purpose has found that the most advantageous method of financing available to the Home is through the issuance of revenue bonds of the City under the provisions of Minnesota Statutes, 'Chapter 474, as amended (the Act). The Home has further determined that to improve the security for such revenue bonds, and thereby permit the revenue bonds to be issued at the lowest possible ihterest rates, it would be desirable that the revenue bonds be issued in an amount sufficient not only to pay the cost of constructing the Project but also sufficient to discharge the outstanding indebtedness of the Home, some of which is secured by a mortgage against the Land and the .Existing Facility, in order that the revenue bonds could be secured by a mortgage lien against the Land, the Existing Facility and the Prqject. 1.4. The Existing Facility provides a health care service of signifi- cant value to· the residents of the City, as well as offering employment to a number of residents of the City and surrounding area, and the Project, if in being, would enhance the value of the services provided by the Exist- ing Facility as well as provide increased opportunities for employment for residents of t~e. City and surrounding area. 1.5. This Council has been advised by a representative of the Home that conventional, commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Existing Facility and the Project would be significantly reduced,·but that with the aid of municipal borrow- ing, and its resulting 1°W borrowing cost, the economic feasibility of operating the Existing Facility and the Project are significantly impz~ved. 1.6. This Council has also been advised by representatives of Piper, Jaffray & Hopwood Incorporated and Miller & Schroeder Municipals, Inc., both of Minneapolis, Minnesota, investment bankers and dealers in municipal bonds, that on the basis of information submitted to them and their discus- sions with representatives of the Home and potential buyers of tax exempt bonds, industrial development revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project and to discharge the outstanding indebtedness secured by a mortgage against the Land and the Existing Facility. 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 industrial development revenue bonds under the provisions of the Act for the purposes described above. It is presently estimated that the amount of the revenue bonds to be issued for such purposes would not exceed $14,000,000.~ 3. The issuance of bonds for such purposes and in such amount is hereby approved in principle, subject to the approval by the Commissioner of Economic Development, to approval by this Council as to the feasibility of the proposed financing and to the mutual agreement of this Council, the Home and the initial purchasers of the bonds as to the details of the bond issue and provisions for their payment~ 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 Land, Existing Facility and the Project, and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is pay- able solely from the revenues received 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 ap- .proved 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 Pro- ject. 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 City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by Councilperson Plufka, and the following voted in favor thereof: Erickson, Enck, Otten, Plufka; and the following voted against the same: Hokr, whereupon said resolution was declared duly passed and adopted and was presented to the Mayor who approved and signed the same, which was attested by the City Clerk-Treasurer. MEMORANDUM OF AGREEMENT / THIS MEMORANDUM OF AGREEMENT, dated as of , 1977, between the City of New Hope, Minnesota (the City) and St. Therese Home, Inc., a Minnesota non-profit corporation (the Home),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 Home has proposed that the City, pursuant to the Act, issue its revenue bonds to defray the costs to be incurred in connection with the acquisition of certain properties to be used by the Hospital as an apart- ment complex of approximately 226 units (the Project) and to discharge certain outstanding indebtedness of the Home, and that the City and the Home enter into a lease, sale or loan agreement or similar agreement satisfying the re- quirements of the Act (the Revenue Agreement). (c) The Home wishes to obtain satisfactory assurance from the City that the proceeds of the sale of the revenue bonds of the City will be made available to finance the Project and to discharge certain outstanding indebtedness of the Home. (d) Subject to due compliance with all requirements of law, the City by virtue of such statutory authority as may now or hereafter be con- ferred by the Act, will issue and sell its revenue bonds in an amount not exceeding $14,000,000 (the Bonds) to pay the costs of the Project and to discharge certain outstanding indebtedness of the Home, if the City concludes in its sole and independent judgment, that the proposed financing is in the best interests of the City. (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 reve- nues derived from amounts payable to the City by the Home pursuant to the terms of the Revenue Agreement. ~_ 2. Undertakings on the Part of the City. Subject to the c~ditions ~tated in (d) of paragraph 1 hereof, the City agrees as follows: (a) That it will authorize the issuance and sale of the Bonds, pursuant to the terms of the Act as then in force, subject, however, to the provi.sions of paragraphs i (d) and 4 (a). (b) That, if it issues and sells the Bonds, it will as requested by the Home, enter into the Revenue Agreement with the Home. The lease ren- tals, installment sale payments, loan payments or other amounts payable under the Revenue Agreement will be sufficient to pay the principhl 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 Home. The Home agrees as follows: (a) That it will use all reasonable efforts to find one or more purchasers for the Bonds. (b) That contemporaneously with the delivery of the Bonds it will enter into the Revenue Agreement with the City under the terms of which the Home will provide security to the Citg for payment of sums sufficient in the aggregate to pay the principal of, interest on and redemption premium, if any, on the Bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments of the City under paragraph% 2 hereof and of the Home under paragraph 3 hereof are subject to the condition that within twelve months from the date hereof (or such other date as shall be mutually satisfactory to the City and the Home), the City'and the Home shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Bonds, the Indenture of Trust, the Loan Agreement, the Mortgage and Security Agreement, and p~ovided further that the City concurs with the Home that the proposed financing is feasible, 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 Home agrees that it will reimburse the City for all reasonable and necessary expenses which the City may incur at the Home's request arising from the execution of this Agreement and the perfor- mance by the City of its obligations hereunder and this Agreement shall there- upon terminate. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunto duly authorized this day of , 1977. CITY OF NEW HOPE, MINNESOTA/ ST. THERESE HOME, INC. A RESOLUTION REQUESTING ADJUSTMENT IN THE COMMUNITY DEVELOPMENT BUDGET FOR 1976/77 WHEREAS, the City of New Hope has executed a joint powers agree- ment 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 had been prepared requesting funds to undertake a community development program, including ap- propriate citizen participation, goal establishment and implementation plans and procedures, and WHEREAS, the grant application in a total of $108,190 was approved for several specified projects, and WHEREAS, as bids have been taken for the actual work it became apparent that it will be necessary to adjust the line items in the grant in order to accommodate the actual costs, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, Minnesota that the appropriate authorities be requested to adjust the City's 1976-77 Budget for activities under the Housing and Community Development Act of 1974 as listed below: Original Budget Amend To Handicapped Access $17,500 $21,690 Screening Planting/Trees 41,667 41,667 47th Traffic Signal 33,000 34,787 St. Jacobs Hall 6,000 2,264 Administration 10,023 7,782 $108,190 $108,190 Adopted this 12th day of September, 1977. " ~,,o-Z - ATTEST: ~ ~y Cl erk-Treasurer A RESOLUTION REQUESTING A TIME EXTENSION TO SUBMIT AN APPLICATION FOR LAND PLANNING ACT WHEREAS, the City of New Hope is required to update its comprehensive plan in accord with the Metro Land Planning Act, and WHEREAS, the State Legislature has made monies available for grants to assist in the plan preparations, and WHEREAS, applications were required to be submitted to the Metro Council by September 12, 1977 for these monies, and WHEREAS, the City staff has discussed this matter with the Metro Council staff, and WHEREAS, the Metro staff has indicated that they cannot yet provide detailed information as to the specific items that should be included in the revised plan and have therefore suggested that the City Council of New Hope request an extension of time for the submission of the grant, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope, Minnesota, that an extension of time beyond September 12, 1977, for the submission of a grant application for assistance in complying with the Land Planning Act in order to provide time for a proper review and a decision on the specific work program needed to comply with the planning act is hereby requested from the Metro Council. Adopted the 12th day of September, 1977. ATTEST: .~_Trea,sur~_~_~_~ RESOLUTION TEMPORARILY EXTENI~ING RESTRICTIONS ON THE DEVELOPMENT AND CONSTRUCTION OF MULTIPLE RESIDENCE DEVELOPMENT IN THE CITY OF NEW HOPE PENDING APPROVAL OF THE COMPREHENSIVE PLAN, AND ENACTING ORDINANCE 77-] ~TO ACCOMPLISH THE SAME. WHEREAS, in the discharge of its responsibilities as the Planning Agency of the City of New Hope under the provisions of Minnesota Statutes § 462.351 to 462.364, the Planning Commission of the City in conjunction with its professional planning consultant, Midwest Planning & Research, Inc., and the City Manager, has been reviewing the existing Comprehensive Zoning Plan of the City in its entirety since the 19th day of August, 1975, and WHEREAS, this Council did pass Ordinance 77-6, An Interim Ordinance Restricting the Issuance of Building Permits and the Acceptance of Applications for Multiple Residential Developments, and an accompanying Resoltltion, and WHEREAS, the conditions and considerations set forth in said Resolution are still currently true, and WHEREAS, the City Council is nearing completion of its review of the proposed Comprehensive Plan, with any proposed amendments thereto, but is in need of reasonable additional time to study the further development of MR dwellings; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope: That pursuant to the provisions of Minnesota Statute § 462.355 (4), this Council does hereby enact an extension of Interim Ordinance 77-6, codified as Section 3.15 (1) o ORDINANCE NO. 77-/? AN INTERIM ORDINANCE 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 amended to read as follow s: Subd. (1) MR Permits, Suspension. No building permit shall be issued before December ] ]., ] 97? 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 shall be effective upon its passage and publication. Passed by the City Council of the City of New Hope the ../~ day of ~.~/~*~ ~/~-~ , 1977. Bdw~ J, Erickso~', Mayor Attest: ~ ~ Be~W~uliot, Clerk-Treasurer ~ub~shed in the New Hope-Plymouth Post the RESOLUTION AUTHORIZING WAIVER OF PLATTING FOR PARCEL 7025, PLAT 62224 AUDITORS SUBDIVISION #226 (Planning Case 77-73) BE IT RESOLVED by the City Council of the City of New Hope: 1. That Section 462.358, Subdivision 6, of the Laws of~1965, Ch. 670~ provides that Subdivision regulations may provide for a procedure for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon specific grounds set forth in the regulations. 2. That Section 4.581 of the New Hope City Code provides that in any case in which compliance with the platting restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the Subdivision regulations', the Platting authority (the City Council) may waive such compliance by adoption of a resolution to that effect, and that the conveyance may then be filed and recorded. 3. That this Council hereby finds and determines that as to premises described in paragraph 4 hereinafter, compliance with the platting restrictions of the City of New Hope will create an unnecessary hardship on the owner or petitioner, and 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 Hennepin, State of Minnesota described as follows: (Northerly Parcel) The North 174 feet of Lot 41 and the North 174 feet of Lot 42 lying West of the East 495 feet of said Lot 42, all in "Auditor's Subdivision Number 226, Hennepin County, Minnesota", according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. Subject to road easement over the North 7 feet, West 30 feet and East 60 feet of the above described property. (Southerly Parcel) That part of Lot 41 lying South of the North 174 feet thereof and North of "MUrray Lane Fifth Addition" and that part of Lot 42 lying West of the East 495 feet thereof, South of the North 174 feet thereof and North of "Murray Lane Fifth Addtion", all in Auditor's Subdivision Number 226, Hennepin County, Minnesota", according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. Subject to road easement over the West 30 feet and East 60 feet of the above described property. Dated this ./~ ~ daY of ~Tm~~. , 1977. Attest: RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City of New Hope 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 that the road described as follows, to-wit: 62nd Avenue North from CSAH 8 (West Broadway) to Winnetka Avenue be, and hereby is established, located, and designated a Municipal State Aid Street, of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the City is hereby authorized and directed to for- ward two certified copies of this resolution to the Commissioner of Highways for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of New Hope, to be numbered and known as Municipal State Aid Street 111. ADOPTED September 12 , 19 77 · '~' (Mayor) ~-x~ City Clerk CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council~of said Cit~ on ~,~/~ /~-, 19 ?~ . ' ~ ~~~(Clerk) (SEAL) City of New Hope, Minnesota RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWER LATERAL IMPROVEMENT NO. 31lA 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 SANITARY ~EWFR IATFRA~ Improvement No. __taJJL against every assessable 1~£, piece or parcel °f"land affected thereby ~' been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, parcels and pieces of land enumerated in the proposed assessment was and is specially benefited by the construction of said Improvement in not less than the amount of the assessments set opposite each lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels of land, respectively, and the assessment against each parcel, together with interest of 8% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual principal installments extending over a period of Twenty 20 years, the first of said installments, together with inter- est on'the entire assessment from the date hereof to December 31, 19 78 , to be payable with general taxes payable in 19 78 , and one of each of the' remaining installments, together with one y~interest on that and all other unpaid installments, to be payable with general taxes for each consecu- tive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessments to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessment Roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax list of the County, and the County Auditor shall thereafter collect said assessment in the manner provided by law. Dated the 26th day of September , 19 77 · ATTEST: (SEAL RESOLUTION ADOPTING AND CONFI~IING ASSESSMENTS FOR WATER LATERAL IMPROVEMENT NO. 31lA 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 WaTr~_~aTrPa~ Improvement No. ~ against every assessabl'6'i6~,-'~66-or parcel of land affected thereby~as been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, parcels and pieces of land enumerated in the proposed assessment was and is specially benefited by the construction of said Improvement in not less than the amount of the assessments set opposite each lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels of land, respectively, and the assessment against each parcel, together with interest of 8% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable in e~al annual principal installments extending over a period of Twenty years, the first of said installments, together with inter- est 6~ th~ entire assessment from the date hereof to December 31, 19 78, to be payable with general taxes payable in 19 78 , and one of each of the remaining installments, together with one yea---~-interest on that and all other unpaid installments, to be payable with aeneral 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 26th day of September , 19 77 . ~ - Mayor ATTEST: ~ Clerk-Treasurer (SEAL) RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET & STORM SEWER IMPROVEMENT NO. 312A 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. 312A against every assessable lot, piece or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to all intereSted persons to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, parcels and pieces of land enumerated in the proposed assessment was and is specially benefited by the construction of said Improvement in not less than the amount of the assessments set opposite each lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels of land, respectively, and the assessment against each parcel, together with interest of 8% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual principal installments extending over a-period of ten lO years, the first of said installments, together with inter- est on ~h~ entire assessment from the date hereof to December 31, 19 78 , to be payable with general taxes payable in 19 78, and one of each of the remaining installments, together with one yea--~-r~interest on that and all other unpaid installments, to be payable with general taxes for each consecu- tive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessments to the County Auditor, 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 26th day of September ,,, 19 77. ATTEST: ~~./ity Clerk-Treasurer (SEAL) · RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET & STORM SEWER IMPROVEMENT NO. 328 BE IT RESOLVED by the City Council of the City of New Hopes Minnesota, as follows: 1. That the amount proper and necessary to be specially assessed at this time for STREET & STORM SEWER Improvement No. 328 against every assessable 16t~ piece or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordancewith the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and'said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections, i'f any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, parcels and pieces of land enumerated in the proposed assessment was and is specially benefited by the construction of said Improvement in not less than the amount of the assessments set opposite each lot., piece and parcel of land respectively, and such amount so set out is hereby levied- against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels of land, respectively, and the assessment against each parcel, together with interest of 8% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment Shall be payable in equal annual principal installments extending over a period of fifteen 15 · years, the first of said installments, together with inter- est on the en'~'~r6 assessment from the date hereof to December 31, 19 78 , to be payable with general taxes payable in 19 78 , and one of each of the remaining installments, together with one y~interest on that and all other unpaid installments, to be payable with general taxes for each consecu- tive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessments to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessment Roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax list of the County, and the County Auditor shall thereafter collect said assessment in the manner provided by law. Dated the 26th day of September _~, 19 77 · ATTEST: Clerk-Treasurer (SEAL) RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR .1977 SHADE T_BEE DISEASE CONTROL' 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 1977 SHADE TREE DISEASE CONTROL Improvement No. against every assessable lo~ piece or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment. 2. This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, parcels and pieces of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessments set opposite each lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 2. The proposed assessments are hereby adopted and confirmed as the proper special assessments for each of the said lots, pieces and parcels of land, respectively, and the assessment against each parcel, together with interest of 8% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable tn equal annual principal installments extending over a period of five 5 years, the first of said installments, to~ether with inter- est on t~e enti~e assessment from the date hereof to December 31.', 19 78, t6 be payable with general taxes payable in 19 78 , and one of each of the remaining installments, together with one yea--~-r-~interest on that and all ' ' other unpaid installments, to be payable with general taxes for each consecu- tive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessments to the County Auditor, 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 26th day of September , 19 77 . × ' Mayor ATTEST: ~ity Clerk-Treasurer (SEAL) RESOLUTION ADOPTING ASSESSMENT FOR WEED DESTRUCTION-1977 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-1977 under authority of M.S.Ao 18.271o NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NEW HOPE, MINNESOTA: The proposed roll for the assessment of Weed Destruction-1977 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, 1977, pay the whole of the assessment on such p~operty to the City Treasurer. The Clerk is instructed to certify said roll to the County Auditor on or before October 10, 1977, for collection with taxes payable in 1978. Dated the 26th day of September, 1977o Attest: ~s'u r~~er (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 HOPE, MINNESOTA, as follows: The p~oposed rolls for the assessment of delinquent water and sanitary sewer service and connection charges and delinquent street lighting as ~presented by the Clerk are hereby adopted as the special assessment rolls. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City Treasurer. The Clerk is instructed to certify said rolls to the County Auditor for collection with taxes payable in 1978 ? Dated the 26th_ day of Septembgr . . , 1977. ATTEST: ~ e~-Treas~rer, (SEAL) RESOLUTION SUPPORTING THE HENNEPIN COUNTY PARK RESERVE DISTRICT'S EFFORT TO SECURE LAND AND WATER CONSERVATION FUND CONTINGENCY RESERVES FOR THE NORTH HENNEPIN TRAIL CORRIDOR WHEREAS, the Hennepin County Park Reserve District has proposed the establishment of a 40 mile multi-use North Hennepin Trail Corridor, and WHEREAS, the Metropolitan Council in 1974 included the North Hennepin Trail Corridor in the Regional Recreation Open Space Plan, and WHEREAS, the New Hope City Council has reviewed the concept plan for the proposed North Hennepin Trail Corridor, and WHEREAS, the proposed trail corridor will be readily accessible to the residents of New Hope, providing outstanding recreational opportunities for such activities as hiking, bicycling, cross country skiing, horseback riding and snowmobiling, and WHEREAS, the Hennepin County Park Reserve District intends to submit application for Land and Water Conservation Fund Contingency Reserves for the acquisition and development of the North Hennepin Trail Corridor, NOW THEREFORE, BE IT RESOLVED that the City Council of New Hope support the proposed North Hennepin Trail Corridor; FURTHER, BE IT RESOLVED that the New Hope City Council support the efforts of the Hennepin County Park Reserve District to secure Land and Water Conservation Fund Contingency Reserves for the acquisition and develop- ment of the North Hennepin Trail Corridor. Adopted this 26th day of September, 1977. -~~rk~'Treasurer RESOLUTION ADOPTING ASSESSMENT ~FOR WATER ASSESSMENT 77-1 WHEREAS, Pursuant to proper notice duly given, the Council has met and heard and passed upon all objections to the proposed assessment for Water Assessment 77-1 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: 1. Such proposed 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 in- cluded is hereby found to be benefited 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, 1978, 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 dat~ of this resolution until December 31., 1978. To each subsequent installment when 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, with interest accrued to December 31, of the year ~n which such payment 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 in the same manner as other municipal taxes. Adopted by the Council this 26th day of September , 1977. Attest: /~ Mayor~  rk-Treas~e~ ' (SEAL) RESOLUTION ADOPTING ASSESSMENT FOR DEFERRED NO. 1 ELECTION INSTALLMENT WHEREAS, Pursuant to proper notice duly given, the Council has met and heard and passed upon all objections to the proposed assessment for Deferred No. 7 Election Installment made under authority of State law as implemented by 5.95 of the City Code. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NEW HOPE, MINNESOTA: 1. Such proposed 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 in- cluded is hereby found to be benefited 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 eleven (11) years, the first of the installments to be payable on or before the first Monday in January, 1978, and shall bear interest at the rate of 6% per annum from Janu~r~ 1, 1978. 'To the first ~nstallment shall be added interest on the entire assessment from January 1,1978,until December 31, 1978. To each subsequent installment when 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 i~s made. 4. l'he Clerk shall forthwith transmit a certified duplicate of this assess- ment to the County Auditor to be extended on the proper tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 26th day of September, 1977. // - /Mayor Attest: · ¥~x~.lreasurer (SEAL) 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 Es- tablishing the Terms of $1,270,000 General Obligation Refunding Bonds, Creating a Sinking Fund Therefor, and Providing for Their Payment" specifies in part: "The Clerk-Treasurer is hereby directed to annually, on or before October 10, of each year, commencing in 1976, request the cancellation by the County Auditor of all the taxes heretofore levied for such year for payment of the refunded bonds and not needed as a result of the establishment of the escrow account provided~. NOW, THEREFORE, BE IT RESOLVED by the City of New Hope, Minnesota that the following ad valorem taxes heretofore levied for the year 1978 be cancelled: Description Ad Valorem Taxes a. Bond 43, $120,000 Improvement Bonds of 1974. $4,377 b. $910,000 General obligation Ice Arena Bonds. $ 88,800 c. $395,000 1969 General Obligation Park Bonds. $ 45,300 Dated the 26th day of September 1977. v~--~e~reasurer RESOLUTION DIRECTING CERTIFICATION OF AMOUNTS IN VARIOUS SINKING FUNDS FOR THE PURPOSE OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1978. BOND 3 WHEREAS, by resolution adopted by this Council on the 18th day of Sep- tember, 1957, entitled "Resolution Authorizing and Establishing the Form and Details of $75,000 Improvement Bonds of 1957 and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and BOND 5 WHEREAS, by resolution adopted by this Council on the 14th day of July, 1958, entitled "Resolution Authorizing and Establishing the Form and Details of $76,000 Improvement Bonds, Series of August 1, 1958, and Appropriating Special Assessments and Taxes for the Payment Thereof", and 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 Special 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 Appropriating Special Assessments and Levying Taxes for the Payment Thereof" and BOND 26 WHEREAS, by' resolution adopted by this Council on the 23rd day of July, 1963, entitled "Resolution Authorizing and Establishing the Form and Details of $403,000 Improvement Bonds of 1963, First Series, and Appropriating Special 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 November, 1963, entitled "Resolution Authorizing and Establishing the Form and Details of $1,110,000 Improvement Bonds of 1963, Second Series, and Ap- Propriating Special Assessments and Levying Taxes for the Payment Thereof", and BOND 29 WHEREAS, by resolution adopted by this Council on the 10th day of November 1964, entitled "Resolution Authorizing and Establishing the Form and Details of $375,000 Improvement Bonds of 1964, and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and BOND 40 WHEREAS, by resolution adopted by this Council on the 9th day of 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 Details of $355,000 Improvement Bonds of 1976 and Appropriating Special As- sessments 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 1977 to be collected in the ensuing year of 1978. a. Bond 3 $ 75,000 Improvement Bonds Series of October 1, 1957 $ 800 b. Bond 18 $442,000 Improvement Bonds of 1961, Series A $2,000 c. Bond 21 $690,000 Improvement Bonds of 1962 $2,700 d. Bond 22 $405,000 Improvement Bonds of 1962, Second Series $ 500 e. Bond 24 $1,220,000 Improvement Bonds of 1962,Fourth Series $20,000 f. Bond 26 $403,000 Improvement Bonds of 1963 $35,000 g. Bond 27 $1,100,000 Improvement Bonds of 1963,Second Series 16,300 - h. Bond 29 $375,000 Improvement Bonds of 1964 $4,500 ~ i. Bond 40 $1,155,000 Improvement Bonds of 1971 $12,000 j. Bond 42 $545,000 Improvement Bonds of 1973 $21,800- k. Bond 44 $355,000 Improvement Bonds of 1976 $ 6,196 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 25 further provides in part: "Unless such spe- cial assessments to be received by the Improvement Bond Redemption 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 excess of the amounts needed to meet when due the princiBal and interest payments on said bonds and all other than outstanding bonds which are payable from said fund", and WHEREAS, the above mentioned Sinking Funds will contain in excess of the required five percent. 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 26th day of September, 1977. ATTEST: ~ ~ ~~'k-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 1977, FOR COLLECTION IN 1978. WHEREAS, by resolution adopted by this Council on the 28th day of August, 1972, entitled "Resolution Authorizing and Establishing the Form and Detals of $950,000 Improvement Bonds of 1972, and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and WHEREAS, said resolution levied upon all taxable property within the corporate limits of the City, a direct, annual ad valorem tax to be spread upon the tax rolls for the year specified, including $44,606 specified to be levied as taxes in 1977 for collection in 1978 and WHEREAS, said resolution specified as follows in part: "Said levy shall be irrepealable except as provided in said Ordinance No. 57-20" and Section 5.200 of the City Code (Improvement Bond Redemption Fund) further provides in part: unless such special assessments to be received by the $950,000 improvement Bonds of 1972 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 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 estimated collection of said special assessments and of all other special assessments theretofore pledged to said fund, will produce at least five percent in excess of the amounts needed to meet when due the prin- cipal and interest payments on said bonds and all other than outstanding bonds which are payable from said funds, and WHEREAS, there is on hand $14,606. 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 $14,606 and the taxes to be levied in 1977 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 ($44,606 to $30,000). Dated this 26th day of September,1977. ~v~~r~ Treasurer 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 1978 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 10th, 158, relating to the Sanitary Sewer Improvement No. 7 and Storm Sewer Improvement No. 10 Funds, the Authorization of $854,000 Improve- ment Bonds of 1958 and the Appropriation of Special Assessments and Taxes for the Payment Thereof", and WHEREAS, said resolution le~ed upon all taxable property wit~n the corporate limits of the City, a direct, annual, ad valorem tax, to be spread upon the tax rolls for the year specified, includ- ing $54,114,37 specified for the year 1977 and collected in the en- suing year 1978, 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 Sinking Fund, and the total thereof shall be deemed to be the excess amount in the Sinking.Fund. The Clerk shall thereupon certify the fact and amount of such excess to the.County Auditor, and the County Auditor shall, and hereby is au- thorized 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 $39,114.37. 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 $39,114.37 and the taxes to be levied in 1977 shall be reduced by $39,114.37. 3. The Clerk shall forthwith request the County Auditor to reduce the amount of ad valorem levy as above recited ($54,114.37 to $15,000.00). Dated the 26th day of September, 1977. Cl~rk-Treasurer RESOLUTION ADOPTING BUDGET FOR THE CITY OF NEW HOPE FOR THE YEAR 1978 AND ESTABLISHING TAX LEVY FOR THE YEAR PAYABLE IN 1978 BE IT RESOLVED by the City Council of the City of New Hope as follows: Section 1. The Budget for the City of New Hope, Minnesota for all funds supported in whole or in part by property taxes for the calendar year of 1978 is hereby adopted as here- inafter set forth and the funds are hereby appropriated therefor: GENERAL FUND General Government Mayor and Council $19,449 City Manager 60,023 Courts 29,800 Elections and Voters Registration 24,188 Municipal Clerk 79,324 Accounting 46,442 Civil Service Commission 4,950 Advisory Commissions 1,100 Planning and Zoning 4,205 Municipal Building 44,688 Total General Government $ 314,169 Public Safety Police Protection 678,527 Fire Protection 86,301 Protective Inspections 87,794 Civil Defense 1,819 Animal Control 17,892 Total Public Safety $ 872,333 Public Works Streets and Alleys 227,391 Snow and Ice Removal 63,144 Traffic Signs, Signals, and Markings 21,952 Total Public Works $ 312,487 Sanitation and Waste Removal Storm Sewers 33,391 Recreation Recreation 183,983 Parks 245,103 Total Recreation $ 429,086 Other Functions ~ 187,981 TOTAL GENERAL FUND $2,149,447 INTRAGOVERNMENTAL SERVICE FUND - Central Garage $ 93,770 FIREMEN'S RELIEF FUND 27,600 SHADE TREE DISEASE CONTROL 26,992 BOND AND DEBT SERVICE FUND 1961 Municipal Building Bonds 6,000 1963 Park Improvement Bonds 15,981 1965 Swimming Pool and Park Bonds 30,600 1968 Park Improvement Bonds 33,100 1973 Park Improvement Bonds 31,300 Bond No. 4 45,000 Refunding Bond No. 43 30,000 Refunding Bond 131,900 Total Bond and Debt Service Fund $ 293,881 TOTAL TAX SUPPORTED FUNDS $2,591,690 Section 2. Estimated Receipts other than general tax levy are hereby established as herein set forth= GENERAL FUND Penalties and Interest on Taxes $ 15,000 Licenses and Permits - Business 20,220 Licenses and Permits - Non Business 20,200 Court Fines 46,000 Revenue from Use of Money and Property 14,460 Shared Taxes 632,049 Grants 36,504 Current Charges 73,300 Transfers - General Fund Accounting Services 11,785 Utility Administration 22,000 Special Police Fund 16,000 Refund - Animal Control 7,200 Federal Revenue Sharing 127,586 General Fund Surplus 82,938 TOTAL GENERAL FUND $1,125,242 TRUST AND AGENCY Fire Insurance Rebate 23,000 TOTAL ESTIMATED RECEIPTS $ t~148,242 Section 3. That there by and hereby is levied upon all taxable real and personal property in the City of New Hope, a tax in the following amount hereinafter set forth: Estimated Net Receipts Uncollectible Total Levy General Fund $1,024,205 $ 20,484 $1,044,689 IntraGovernmental Service Fund-Central Garage 93,770 1,914 95,684 Shade Tree Disease Control 26,992 551 27,543 Trust and Agency - Firemen's Relief Fund 4,600 94 4,694 Debt Service 288,004 5,877 293,881 Totals $1,437,571 $ 28,920 $1,466,491 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 26th day of September 1977. rd~rickson, Mayor Dorothy Ho~, CounCilporson ld Otten, Counc~lperson ATTEST:~ '~liot, Clerk-Treasurer RESOLUTION APPROVING 1977 TAX LEVY, COLLECTIBLE IN 1978 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 1978 upon the taxable property in the City of New Hope, for the following pur- poses: General Fund $ 1,044,689 Base Levy (Base Levy includes: $14,510 Social Security $75,747 PERA) Intra Governmental Service Fund-Central Garage 95,684 Trust and Agency-Firemen's Relief 4,694 Special Levies: Shade Tree Disease Control 27,543 Debt Service: 1961 Municipal Building Bonds 6,000 1963 Park Improvement Bonds 15,981 1965 swimming Pool~Park Bonds 30,600 1968 Park Improvement Bonds 33,100 1973 Park Improvement Bonds 31,300 Bond No. 4 15,000 Bond No. 41 ~ 30,000 1976 General Obligation Refunding Bonds 131,900 Provision has been made by the City of New Hope for the payment of any additional amounts needed in excess of $90,257 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 $90,257 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 26, 1977. ATTEST:~ ~etty Pouliot ~u~i I ~e~rson Enck introducedthe following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT AND PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follow s: 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. StephenM. Krogness, doing business as Krogness Investment Company (hereinafter, the Developer), has advised this Council of his desire to acquire land for and construct and equip thereon a building (such land, build- ing and equipment being hereinafter referred to as the Project), suitable for use and to be used as a restaurant, which Project shall be leased by the Developer to Sambo's Restaurants, Inc. (the Lessee). 1.3. The existence of the Project within the City would significantly increase the tax base of the City, County and school district in which the City is located, 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 the Developer 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 under- taking 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 Developer has represented to the City that such municipal financing will constitute an inducement to the Developer to undertake the Project within the City. 1.5. This Council has been advised by a representative of Miller & Schroeder Municipals, Inc., of Minneapolis, Minnesota, investment bankers and dealers in municipal bonds, that on the basis of information submitted to them and their discussions with representatives of the Company and potential buyers of tax-exempt bonds, revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.6. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to financing capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Developer and Lessee, and the issuance of such bonds by the City would be a substantial inducement to the Developer 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 Developer at a cost presently estimated to be approximately $650,000. 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 principle, subject to approval of the Project by the Commissioner of Securities and to the mutual agreement of this body, the Developer and the initial purchasers of the bonds as to the details of the bond issue 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 emcumbrance 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 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 -2- the Commissioner with any preliminary information he may need for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project. /-- Edw~/{ J[ Erickson Attest: ~ouliot, Ci~ Clerk-Treasurer The motion for the adoption of the foregoing re~o~.~ion wa~,s~conded by Councilperson Plufka and upon vote being taken thereon~ the ~ollowing voted in favor thereof: Erickson, Enck, Otten, Plufka; and the following voted against the same: Hokr; whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and attested by the City C erk-Treasurer. -3- MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, dated as of September 26, 1977, between the City of New Hope, Minnesota (the "City"), and Krogness Investment Company (the "Developer"), 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 Developer 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 for and construction and equipping a build- ing thereon (the "Project"), more fully described in Exhibit A, and the City and the Developer enter into a lease, sale or loan agreement or similar agreement satisfying the requirements of the Act (the "Revenue Agreement"). (c) The Developer 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 now or hereafter be conferred by the Act, will issue and sell its revenue bonds in an amount not exceeding $650,000 (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 Developer pursuant to the provisions of the Revenue Agreement. 2. Undertakings on the Part of the City. Subject to the conditions stated in (d) of paragraph i hereof, the City agrees as follows: (a) That it will authorize the issuance and sale of the Bonds, pursuant to the terms of the Act as then in force, subject, however, to the provisions and qualifications expressed in paragraphs l(d) and 4 (a). (b) That, if it issues and sells the Bonds, it will, as requested by the Developer, enter into the Revenue Agreement with the Developer. The lease rentals, installment sale payments, loan payments or other amounts payable under the Revenue Agreement will be sufficient to pay the principal and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. 3. Undertakings on the Part of the Developer. The Developer agrees as follows: (a) That it will use all reasonable efforts to find one or more pur- chasers for the Bonds. (b) That contemporaneously with the delivery of the Bonds the Developer will enter into the Revenue Agreement with the City under -2- the terms of which the Developer will provide security to the City for payment of sums sufficient in the aggregate to pay the principal of and interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable. (c) At such time as the Bonds are sold and delivered to the pur- chasers thereof, the Developer will reimburse the City for all reasonable and necessary expenses, including fees and expenses, including but not limited 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) Ail commitments of the City under paragraph 2 hereof and of the Developer under paragraph 3 hereof are subject to the condition that within twelve (12) months from the date hereof (or such other date as shall be mutually satisfactory to the City and the Developer~, the City and the Developer shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Bonds and of the other instru- ments 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 Developer agrees that it will reimburse the City for all reasonable and necessary expenses which the City may incur at the Developer's request arising from the execution of this Agreement and the performance by the City of its obligations hereunder, specifically including reasonable fees of the bond consultants for the City, -3- legal and other consultive services, and this Agreement shall, upon payment of said fees, terminate. IN WITNESS WHEREOF, the parties hereto have entered into this Agree- ment by their officers thereunto duly authorized this ~,, day of ,~?/~/~,~ , 1977. CITY OF NEW HOPE, MINNESOTA / Edwar.,~. ~,rickson, Mayor Atte~~~ t~arlyn~(~ Lar~'~n, City Manager STEPHEN M.. KROGNESS dba KROGNESS INVESTMENT COMPANY -4- CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF QLSON INDUSTRIAL PARK 2ND ADDITION BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. It is hereby found and determined by this Council that -the plat of land described in the title of this resolution is ac- cepted under the subdivision regulations of the City and that a public hearing has been duly held thereon. 2. This Council, as the platting authority provided by Chapter 670, Laws of 1965, does hereby approve the said plat. 3. The Mayor and Clerk are hereby authorized to sign the final plat. // : j ~~ ~. Mayor Attest: ~r-~k-Treas urer 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 and the seal of said City this ~-~y~ City-Clerk-Treasurer RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF OLSON INDUSTRIAL PARK 2ND ADDITION BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. The plat of land described in the title of this resolution 'has heretofore been approved by this Council. 2. The City Attorney is hereby directed to hold the hardshells of said plat until the following conditions for release and delivery have been met: (a) The Developer shall execute and deliver to the City a "Development Contract" secured by a "Development Bond" in an amount and with surety and conditions satisfactory to the City to assure to the City that driveway approaches, street signs, boulevard improvements, and other necessary improvements be constructed and installed to City specifications; (b) The Developer has delivered to the City an abstract of title in customary form and the City Attorney, after a title examination thereof, reports that the persons purporting to dedicate the public streets and easements in said plat have sufficient and good title in the lands platted to do so. (c) Additional conditions: Adopted by the Council this ~¢J .day o~f S~y~/~/~ , 1977. × ~ Mayor Attest: ~-~ Clerk-Treasurer RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE CITY OF NEW HOPE, MINNESOTA PRESENT PLAT 62220 PARCEL 4530 (FOR BENSON-I~q"llT'-'-- ) (P'lanning Case 77-84) BE IT RESOLVED by the City Council of the City of New Hope: 1. That Section 462.358, Subdivision 6, of the Laws of 1965, Ch. 670, provides that Subdivision regulations may Provide for a procedur.e 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 vrith the purpose of the Subdivision regulations, the platting authority (the City Council) may waive such compliance by adoption of a resolution to that effect, and that the conveyance may then be filed and recorded. 3. That this Council hereby finds and determines that as to premises described.in paragraph 4 hereinafter, compliance with the platting restrictions of the City of New Hope will create an unnecessary hardship on the owner or petitioner, and failoure to comply does not interfere with the purpose of the Subdivision regulations in this instance, and the platting authority of the City of New Hope does hereby waive such compliance, and authorize the filing and recording of conveyances using substantially the legal description contained in the following paragraph: 4. Premises in the County of Hennepin, State of Minnesota described.' as follows: - Exhibit Attached ~' -.. Dated this //c~ day of .gC~cTZ~$~t , 1977 . Att~ ~ /"'' -- y Mayor r~. rk-Treasurer Exhi bi t A PARCEL "A" The East 283.00 feet of the North 189.00 feet of the South 1004.00 feet of the Southeast 1/4 of the Southwest 1/4 of Section 20, Township 118, Range 21, Hennepin County, Minnesota. PARCEL "B" That part of the North 403.00 feet of the Southeast 1/4 of the Southwest 1/4 of Section 20, Township 118, Range 21, Hennepin County, Minnesota, lying East of the West 586.00 feet thereof. Except the East 283.00 feet thereof. Also that part of the East 283.00 feet of the Southeast 1/4 of the Southwest 1/4 of Section 20, Township 118, Range 21, Hennepin County, Minnesota, lying North of the 1004.00 feet thereof. Subject to Louisiana Avenue North. Subject to easements of record, if any. RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULAT~ION WITHIN THE CITY OF NEW HOPE, MINNESOTA PRESENT PLAT 62420. PARCEL 0580 (FOR ROSEWOOD CORPORATION (PLANNING CASE NO. 77-'85) BE IT RESOLVED by the City Council of the City of New Hope: 1. That Section 462.358, Subdivision 6, of the Laws of 1965, Ch. 670, provides that Subdivision regulations .may provide for a procedure 'for varying the regulations as they apply t~o specific properties where an unusual hardship on the land exists, but variances may be g. ranted 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 h'ards~hip and failure 'to comply does not interi:ere 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 t-hen be filed and recorded. 3. That this Council hereby finds and determines that as to premises described in paragraph 4 hereinafter, compliance with the pla'cting 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 Su6division regulations in this instance, and the platting authority of the City of New Hope doe's hereby waive such compliance, and authorize the filing and recording of conveyances using substantially the legal description contained in the fol 1 owing paragraph: 4. Premises in the County of Hennepin, State of Minnesota described as fol lows: See Exhibit attached. Dated this //Ge day of /K~, ~/~y~f , 197 ~7 . Attes~~ . ~-~l~Treasurer Description: (Westerly Parcel) That part of Lot l, Block l, Science Industry Center described as follows: Beginning at a point in the Northerly line of said Lot 1 distant 774.21 feet East of the Northwest corner of said Lot 1; thence Easterly along the North line of said Lot 1, a distance of 315 feet; thence at a right angle Southerly to the Southerly line of said Lot 1; thence Westerly, along the Southerly line of said Lot 1, to the intersection with a line drawn Southerly from the point of beginning and at a right angle to the Northerly line of said Lot 1; thence Northerly, along last described line to the point of beginning. Description: (Easterly Parcel) That part of Lot l, Block 1, Science Industry Center, described as beginning at a point on the South line of said Lot 1 distant 540.42 feet West from the most Easterly corner of said Lot 1; thence Northeasterly along a curve concave to the Northwest, having a radius of 498.34 feet, which curve intersects the North line of Lot 4 in said Block 1, at a point 33.82 feet East from the most Westerly corner of said Lot 4, to an intersection with the North line of the South 50 feet of said Lot 1; thence West along the North line of the South 50 feet of said Lot 1 a distance of 68.45 feet, more or less, to an intersection with a curve drawn parallel with and 40 feet Northwesterly from the above described curve; thence Southwesterly along said parallel curve and its continuation to an intersection with the South line of said Lot 1; thence East along said South line to the point of beginning. That part of Lot 4, Block 1, Science Industry Center, lying Westerly of a curve drawn from a point on the North line of Lot 4 distant 33.82 feet East from the most Westerly corner of Lot 4 to a point on the South line of Lot 1 distant 540.42 feet West from the most Easterly corner of Lot 1, said curve being concave to the Northwest and having a radius of 498.34 feet. That part of Lot 1, Block 1, Science Industry Center, described as follows: Commencing at the most Fiasterly corner of said Lot 1~ thence Westerly along the Southerly line of said Lot 1 a distance of 85.47 feet; thence Northerly deflect- ing to the right 90 degrees 07 minutes 53 seconds a distance of 50 feet to the actual point of beginning of the tract of land to be described; thence continuing Northerly along an extension of last described course to the Easterly line of said Lot 1; thence Northerly along the Easterly line of said Lot 1 to the North- easterly corner of said Lot l; thence Westerly along the NortherlY line of said Lot 1 to a point therein distant 1089.21 feet East of the Northwest corner of said Lot 1; thence at a right angle Southerly to the Southerly line of said Lot 1~ thence Easterly along the Southerly line of said Lot 1 to an intersection with a line parallel with and 40 feet Northwesterly of a curved line drawn from a point in the North line of Lot 4, Block 1, Science Industry Center, distant 33.82 feet East from the most Westerly corner of said Lot 4, to a point in the South line of said Lot 1 distant 540.42 feet West from the most Easterly corner of said Lot 1, said curve being concave to the Northwest and having a radius of 498.34 feet; thence Northeasterly along said parallel line to an intersection with the North line of the South 50 feet of said Lot 1; thence Easterly along the North line of the South 50 feet of said Lot 1 to the actual point of beginning. RESOLUTION AMENDING ASSESSMENTS FOR 'SHADE TREE DISEASE'IMPROVEMENT "N0.'1976 WHEREAS, the City of New Hope, in cooperation with the State of Minnesota, has been able to secure some limited funds to help offset the cost of work done in 1976 in the removal of diseased elm or oak trees, and WHEREAS, a total of Twenty-two Dollars ($22,00) per tree is available for this purpose, NOW THEREFORE BE IT RESOLVED, that the assessments for Shade Tree Disease Improvement No. 1976 be and are hereby amended as follows: SEC-TWP-RGE 'PLAT PARCEL LOT BLOCK ADDITION FROM ' TO' 62205 3010 5-118-21 Section 5 $ 174.24 $ 152.24 62208 3201 8-118-21 Section 8 129.60 107.60 62266 2000 4 1 Northwood Terrace 6th 108.00 86.00 62287 1500 10 1 Mork Campion Manor 351.72 307.72 62290 3300 4 5 L.L. Peterson 237.60 215.60 62265 6450 10 9 Hopewood Hills 891.08 737.08 62360 800 1 1 Martha Gardens 84.33 76.33 62360. 1600 2 1 Martha Gardens 84.33 76.33 62360 2400 3 1 Martha Gardens 84.33 76.33' 62360 3200 4 1 Martha Gardens 84.33 76.33 62360 4000 5 1 Martha Gardens 84.33 76.33 62360 4800 6 1 Martha Gardens 84.32 76.32 ....... 62360 5600 7 1 Martha Gardens 84.33 76.33 62360 6400 8 1 Martha Gardens 84.32 76.32 62360 7200 9 1 Martha Gardens 84.32 76.32 62360 8000 10 1 Mar-tha Gardens 84,33 76.33 62360 8800 ll 1 Martha Gardens 84.33 76.33 62435 3600 4 3 Sunset Heights 237.60 215.60 62435 3400 2 3 Sunset Heights 327.60 305.60 62462 2000 5 1 Twin Terra Linda 3rd 181.44 137.44 BE IT FURTHER RESOLVED, that the City Clerk-Treasurer is hereby authorized and directed to refund excess amounts collected on the 1977 installment, or on assessment prepayments as a result of the above listed amended assessment. Dated the //~ day of ~'~f , 1977. ATTEST ~-~6F1 ~ld- Tt~e a s u r e r RESOLUTION AMENDING ASSESSMENTS FOR SHADE TREE DISEASE IMPROVEMENT 'NO. 310 WHEREAS, the City of New Hope, in cooperation with the State of Minnesota, has been able to secure some limited funds to help offset the cost of work done in 1976 in the removal of diseased elm or oak trees, and WHEREAS, a total of Twenty-two Dollars ($22.00) per tree is available for this purpose, NOW THEREFORE BE IT RESOLVED, that the assessments for Shade Tree Disease Improvement No. 310 be and are hereby amended as follows: SEC-TWP-RGE 'PLAT' PARCEL LOT BLOCK ADDITION FROM TO 62218 5635 Section 18 $ 138.00 $ ll6.00 62234 250 1 1 Gettysburg Hills 12.53 -0- 62234 500 2 1 Gettysburg Hills 12.53 -0- 62234 750 3 1 Gettysburg Hills 12.53 -0: 62234 1000 4 1 Gettysburg Hills 12.53 -0- 62234 1250 5 1 Gettysburg Hills 12.53 -0- 62234 1500 6 1 Gettysburg Hills 12.53 -0- 62234 1750 1 2 Gettysburg Hills 12.53 -0- 62234 2000 2 2 Gettysburg Hills 12.53 -0- 62234 2250 3 2 Gettysburg Hills 12.$3 -0- 62234 2500 4 2 Gettysburg Hills 12.53 -0- 62234 2750 5 2 Gettysburg Hills 12.53 -0- 62234 3000 6 2 Gettysburg Hills 12.53 -0- 62234 3250 7 2 Gettysburg Hills 12.53 -0- 62234 3500 8 2 Gettysburg Hills 12.53 -0- 62234 3750 9 2 Gettysburg Hills 12.53 -0- 62234 4000 lO 2 Gettysburg Hills 12.53 -0- 62234 4250 ll 2 Gettysburg Hills 12.53 -0- 62234 4500 12 2 Gettysburg Hills 12.53 -0- 62234 4750 13 2 Gettysburg Hills 12.53 -0- 62234 5000 14 2 Gettysburg Hills 12.53 -0- 62234 5250 15 2 Gettysburg Hills 12.53 -0- 62234 5500 16 2 Gettysburg Hills 12.53 -0- 62234 5750 17 2 Gettysburg Hills 12.53 -0- 62234 6000 18 2 Gettysburg Hills 12.53 -0- 62234 6250 19 2 Gettysburg Hills 12.53 -0- 62234 6500 20- 2 Gettysburg Hills 12.53 -0- 62234 6750 21 2 Gettysburg Hi.lls 12.53 -0- 62234 7000 '22 2 Gettysburg Hills 12.53 -0- PLAT PARCEL LOT BLOCK ADDITION FROM TO 62234 7250 1 3 Gettysburg Hills $ 12.53 -0- 62234 7500 2 3 Gettysburg Hills 12.53 -0- 62234 7750 3 3 Gettysburg Hills 12.53 -0- 62234 8000 4 3 Gettysburg Hills 12.53 -0- 62234 8250 5 3 Gettysburg Hills 12.52 -0- 62234 8500 6 3 Gettysburg Hills 12.52 -0- 62235 3900 5 6 Begin Addition 114.00 $ 92.00 BE IT FURTHER RESOLVED, that the City Clerk-T~easurer is hereby authorized and directed to refund excess amounts collected on the 1977 installment, or on assessment prepayments as a result of the above listed amended assessment. Dated the f/~-~ day of ~~,~ , 1977. ATTEST ~"'~ iClxej~k- Trea s u re r ORDINANCE NO. 77- ] 8 AN ORDINANCE AblENDING SECTIONS 4.105 (6) AND 4.109 (4) OF THE CITY CODE BY REZONING A PORTION OF A PARCEL FROM RB TO TR. (SAMB O - KROGNE SS) City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.105 (Retail Business Districts), Subd. (6), of the City Code is hereby amended by reducing the size of the parcel heretofore zoned Retail Business, to read as follows: (6) The North 174 feet of Lot 41 and the North 174 feet of Lot 42 lying West of the East 495 feet of said Lot 42, all in "Auditor's Subdivision Number 226, Hennepin County, Minnesota", according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. (This parcel is subject to road easement over thc North 7 feet, West 30 feet and East 60 feet thereof.) Section 2. Section 4.109 (Townhouse Residence Districts) is amended by the addition of Subd. (4) (formerly zoned RB) as follows: (4) That part of Lot 41 lying South of the North 174 feet thereof and North of "Murray Lane Fifth Addition" and that part of Lot 42 lying West of the East 495 feet thereof, South of the North 174 feet thereof and North of "Murray Lane Fifth Addition", all in "Auditor's Subdivision Number 226, Hennepin County, Minnesota", according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. (This parcel is subject to road easement over the West 30 feet and East 60 feet thereof. ) 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 October ,1977. Attest: ~~)t, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 3rd day of November , 1977.) -2- ORDIN~a~NCE NO. 77- ]9 AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY CODE BY ESTABLISHING FEES FOR INSPECTION UNDER THE DWELLING MAINTENANCE AND OCCUPANCY CODE. CITY OF NEW HOPE, MINNESOTA The City Council of the City of New Hope ordains: Section 1. Section 3.2511, "Fees" of the City Code is amended in its entirety to read as follows: 3.2511 Fees. A fee of $25.00 shall be payable for an inspection of a single family dwelling unit under Section 3.251, plus $15.00 for each additional unit for duplex and larger multiple units. A single fee shall be due and payable for any inspection and its subsequent, directly related inspection or enforce- ment action. A continuing violation in excess of 10 days shall be considered a new violation for the purpose of establish- ing fees, if inspection is required. Section 2. This oruinance' shall be effective January 1, 1978. Passed by the City Council of the City of New Hope the 24th day of October , 1977. ~/ Edw. ~. I{riekson, Mayor Attest: ~ ~ Bett~:r6'fi'D4~ / Clerk-Treasurer (Published in the New Hope-Plymouth Post the 3rd day of November , 1977. ORDINANCE NO. 77- 20 AN ORDINANCE AMENDING SECTION 3.200 OF THE CITY CODE, ENTITLED "FIRE SUPPRESSION PERMIT FEES" BY RENUMBERING THE SAME TO 3.300 THROUGH 3. 304 CITY OF NEW HOPE, MINNESOTA The City Council of the City of New Hope ordains: Section 1. Section 3.200 through 3.204 entitled "Fire Suppression Permits" is hereby amended by changing the numbers of said section to 3. 300 through 3. 304 inclusive. 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 24th day of October, 1977. ~lw. J~i~son, Mayor Attest: B~v~dli~t, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 2?th day of October, 1077.) A RESOLUTION IN SUPPORT OF THE COOPER HIGH SCHOOL FOOTBALL TEJ~2.1 WHEREAS, Cooper High has shown itself to be an outstanding school and an excellent representative of the City of New .Hope and surrounding areas, and WHEREAS, the football team has, this year, developed into one of the first teams in the State, and WHEREAS, Cooper High School will be playing Richfield in one of the most important games in its history this Wednesday evening, NOW, THEREFORE, BE IT RESOLVED that the City Council, City of New Hope does hereby wish Dhe Football Team and entire Cooper student body the very best in this game and offers its full support for an anticipated victory in this most important contest. Adopted this 24th day of October, 1977. Mayor ORDINANCE NO. 77-21 AN ORDINANCE AMENDING CHAPTER 1~ OF THE CITY CODE REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUORS AND NON-INTOXICATING MALT LIQUORS IN THE CITY OF NEW HOPE. 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 the number of Subd. (4), Off-Sale, to Subd. (6), and by the amendment of Subd. (3) and by the addition of Subds. (4), (5), (6), and (7) as follows: Subd. (3) On-Sale. "On-Sale": Sale of liquor by the glass or. by the drink for Consumption in the dispensary (if any) or in a licensed on-sale establishment. The term "on-sale" includes either or both of the terms "on-sale, restaurant" or "on-sale, tavern". Subd. (4) On-Sale, Restaurant. "On-Sale, Restaurant":_ Sale of liquor by the glass or by the drink for consumption in a restaurant or hotel. Subd. (5) On-Sale, Tavern "On-Sale, Tavern": 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. No dancing or live entertainment is permitted. Subd. (6) Off-Sale. "Off-Sale": Retail sale of liquor in original packages in retail stores for consumption away from the premises where sold. Subd. (7) Exclusive Liqu.0r Store, Off-Sale. "Exclusive Liquor Store, Off-Sale": An off-sale establishment used exclusively for the sale of intoxicating liquor at retail, and under the control of an individual owner or manager. As an in- cident thereof, such establishment may also sell ice, all ibrms of tobacco, non-intoxicating malt beverages and soft drinks at retail. No food shall be sold, unless the establishment also has an "On-Sale, Tavern" license, in which case the establishment may also sell all of those items authorized for an "On-Sale, Tavern" license. Section 2.. Section 10.41, License Required, of the City Code is amended in its entirety to read as follows: 10.41 Limitation and Number of Licenses and Requirement Therefor. ' 10. 411 Number of On-Sale Licenses. The maximum number of on-sale licenses which shall be.issued by the City is three (3), whether "On-Sale, Restaurant", "On-Sale, Tavern", or any combination thereof. 10.412 Number of Off-Sale Licenses. The maximum number of off-sale licenses which shall be issued by the City is three (3). 10.413 No person, except wholesalers or manufacturers to the extent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor as defined in Section 10.01, Subd. (1), without first having received a license to do so as provided in this ordinance. '10.414 Licenses shall be of four kinds: "On-Sale, Restaurant", On-Sale, Tavern", "Off-Sale", and a "Special License for Sunday Liquor Sales". 10.415 "On-Sale, Restaurant" licenses shall be issued only to hotels and restaurants. 10.416 "On-Sale, Tavern" licenses shall be issued only to an exclusive liquor store used as an on-sale establishment for the sale of intoxicating liquor at retail as defined in Section 10.01, Subd. (5). No on-sale tavern license issued by the City shall take effect until the provisions of 10.02 through 10.08 of this Code pertaining to the municipal liquor dispensary are repealed. -2- 10.417 "Special License for Sunday Liquor Sales" shall be issued only to establishments to which "on-sale" licenses have been issued or hereafter may be issued for the sale of intoxicating liquors, which establishments are "hotels", "restaurants", or clubs as defined in this chapter in conjunction with the serving of food. 10.418 "Off-Sale" licenses shall be issued only to "exclusive liquor stores, off-sale" as defined herein. An off-sale license may be issued to the holder of an "On-Sa!e, Tavern" license if, in the judgment of the City Council, the physical facilities of the establishment are suitable for the combined on-sale and off-sale operation. Section 3. Section 10.47, License Fee, Subds. (1), (7), and (8) are amended in their entirety to read as follows: 10.47 License Fee. S.ubd. (1) The annual license fees for intoxicating liquors shall be as follow s: On-Sale, Restaurant $5,000.00 On-Sale, Tavern $5.,00'0.00 Off-Sale $ 200.00 Special License for Sunday Liquor Sales $ 200.00 Subd. (7) At the time of each original application for a license, except in the case of a "Special License for Sunday Liquor Sales", and except as provided in Subd. (5) of this Section, the applicant shall pay an intitial investigation fee of $250 to cover the costs of verifying whether or not such person is ineligible for a license as provided in Section 10.49 (1-4) of this Code. No part of this fee shall be refundable. Upon verification that such person is eligible, within 21 days of the date of the application, the applicant shall pay an additional $250 for the completion of the investigation to determine whether or not a license shall be issued. If investigation is required outside the State of Minnesota, the applicant shall be charged the actual cost of such investigation, not to exceed $10,000. -3- Subd. (8) At any time that an additional investigation is required be- . cause of a change in the ownership or control of a corporation or because of an enlargement, alteration, or extension of premises previously licensed, or because of a transfer from place to place, which transfer comes within the exception expressed in Subd. (5) of this Section, the licensee shall pay an additional investigating fee in the amount of $500, which shall not be refundable except to the extent that the City does not incur investigating costs in a like amount, in which case the balance, as determined by the City Manager, shall be refundable. If investigation is required outside the State of Minnesota, the applicant shall be charged the actual cost of such investigation, not to exceed $10,000. Section 4. Section 10.48 of the City Code, G__~anting of Licenses, is amended by the addition of the following Subd. (7): Subd. (7) Off-Sale licenses that are approved by the Council shall not be effective until approved, together with the bond, by the Minnesota State Liquor Commissioner. Section 5. Section 10.49 of the City Code, Person Ineligible for License, Subd. (2), is hereby amended as follows: Subd. (2) Who is directly or indirectly interested in any other establish- ment in the City of New Hope to which an intoxicating liquor license has been issued under this ordinance. No person shall own an interest, as defined in Section 10.01, Subd. (11), in'more than one establishment or business for which an intoxicating liquor license has been granted under this ordinance; no intoxicating liquor license shall be granted to any person if such person or any person who owns an interest in the establishment or business for which an intoxicating liquor license application is being filed owns an interest in a business or establishment licensed under this ordinance. Section 6. Section 10.49 of the City Code, Person Ineligible for License, Subd. (5), is amended as to the first line thereof, which shall read as follows: An intoxicating liquor license will not be renewed if: -4- Section 6a. Section 10.412, renumbered by this ordinance to 10.51, captioned Conditions of License, is amended by repealing Subd. (4) in its entirety. Section 7. Section 10.413, renumbered by this ordinance to 10.52, captioned Restricted Hours of Operation, is hereby amended by the addition thereto of the following paragraph C: C. Restricted hours of operation for off-sale establishments shall be as follows:. Any day No off-sale before 8 A.M. or after 10 P .M. of any day. Sunday No sales. Monday through Friday Only between 8 A.M. and 8 P .M. gaturday . Only between 8 A.M. and 10 P .M. New Year's Day, January i No off-sales on these days, but Independence Day, July 4 on the evenings preceding these Thanksgiving Day days, if the sale of liquor is not Christmas Day, December 25 otherwise prohibited on such evenings, off-sales may be made until 10 P .M., except Christmas Eve, December 24 No off-sale after 8 P.M. Days of statewide elections No off-sales between I A.M. and 8 P .M. Section 8. Section 10.418, renumbered by this ordinance to 10.57, captioned Licensing of Employees, is amended by adding to the first paragraph of Subd. (1) at the end thereof, the following: Subd. (1) · . . No person shall make off-sale deliveries of intoxicating liquor unless such person has obtained a license as an employee. Section 9. Sections 10.411 through 10.421 as heretofore numbered are hereby changed to 10.50 through 10.60, as follows: -5- Old No. Title New No. 10.411 Places Ineligible for License 10.50 10.412 Conditions of License i0.51 10.413 Restricted Hours of Operation 10.52 10.414 Public Character of Liquor Sales 10.53 10.415 Restrictions Involv~i?~ Minors 10.54 10. 416 Bond 10.55 10. 417 Suspension and Revocation 10.56 10.418 Licensing of Employees 10.57 10.419 Penalty 10 '. 58 10.420 Enlargement, Alterations or Extension of Premises 10.59 10.421 State Statutes Incorporated by Reference 10.60 Section 10. Sections 10.50 thro~gh 10.58, as heretofore numbered (pertaining to wine licenses) are hereby changed'to 10.70 through 10.78 as follow s: Old No. Title NeW No. 10.50 Wine Licenses ' 10.70 10.51 Definitions 10.71 10.52 License Required 10 72 10.53 Application Required 10 73 10.54 Investigation and Granting of Licenses 10 74 10.55 Renewal Licenses 10 75 10.56 Sunday Sales 10.76 10.57 Fees 10 ~77 10.58 Applicability of Other Provisions of this Chapter 10.78 Section 11. Section 10.419, renumbered to Section 10.58 by this ordinance, captioned Penalty, is hereby amended to read as follows: 10.58 Penalty. Any person violating any provisions of this ordinance is guilty of a misdemeanor and upon conviction may be punished by a fine of not more than $500 or imprisonment for not more than 90 days, or both. Section 12. Effective Date. This ordinance shall be effective from and after its passage and publicatiOn. -6- Passed by the City Council of the City of New Hope the 24th day of October , 1977. · J. Erickson, Mayor --B e~y-~Po~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ] st day of December , 1977.) -7- CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF SANDPIPER COVE 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. ~~~ Attest: ~ .~'~~ or C~k~Treasurer CERTI F I CATI ON STATE OF MINNESOTA SS COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of New Hope, hereby attest and certify that: (1) as such officer, I have the legal custody of the original Resolution of which the foregoing is a true and correct copy: (2) that said Resolution was duly adopted at a meeting of the City Council of said City on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice there- of as required by law, on October 24, 1977 Witne~s~_my hand and the seal of said City this day of ~/~F~, 19~/~.. ~~ City Clerk-Treasurer RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF SANDPIPER COVE 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 24th day of October , 1977 . ~ .,,~ J ~"- Mayor Attest: ~'~er~~ . . RESOLUTION APPROVING JOINT AND COOPERATIVE AGREEMENT ESTABLISHING AN ORGANIZATION TO PROVIDE COMMUNITY HEALTH NURSING SERVICES AND HOME HEALTH SERVICES IN THE PARTICIPATING GOVERNMENTAL UNITS TO BE KNOWN AS THE SUBURBAN HEALTH NURSING SERVICE WHEREAS, the City of New Hope is authorized by Minnesota Statutes 471.59 to enter into joint and cooperati~e~agreements with other govern- mental units, and WHEREAS, the City of New Hope is desirous of providing certain community health nursing services and home health services within the community, and WHEREAS, the City Council has determined that such services can be most effectively provided through cooperation with other municipalities, NOW, THEREFORE BE IT RESOLVED, by the City Council of New Hope as follows: 1. That the City join with other governmental units in Hennepin County, pursuant to Minnesota Statutes 471.59 and Minnesota Statutes 145.911 to 145.922 to create an organization to provide, to the extent permitted by law, community health nursing services and home health services, and 2. That the Mayor and the City Manager be and are hereby authorized to sign the "Joint and Cooperative Agreement" dated October 24, 1977. 3. That Harlyn Larson, City Manager, be and is hereby designated as New Hope~s Director for a term expi'ring on December 31, 1978 or until his successor is appointed and 4. That the City Clerk file the executed agreement together with a certified copy of this resolution with the City Manager of the City of Crystal. Adopted by the New Hope City Council this 24th day of October, 1977. ~ ~~ J~r'~y ~ickSon, Mayor Attest: B-~~liOt, CitY' Cle'rk'-TreaSUrer A RESOLUTION IN REGARD TO BOCCE BALL WHEREAS, the Honorable Rudy Perpich has donated monies for the distribution of Bocce Ball sets to requesting cities, and WHEREAS, the City of New Hope is most desirous of ob- taining this equipment and initiating Bocce Ball into the City's recreational activities, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of New Hope does hereby request that the City be granted a maximum of ~hree Bocce Ball sets through the Governor's distribution program, and FURTHER, that the City Manager is hereby directed to submit this resolution to the Minnesota League of Cities who is acting as the Governor's agent in this matter. Voting for: Mayor Erickson, Councilmembers Plufka, Enck, Hokr and Otten Opposed: None Absent: None Adopted this 24th day of October, 1977. ATTEST: ~ C~~rk-Treasurer A RESOLUTION OBJECTING TO CONSIDERAIION OF WASTEWATER RESTRICTIONS AND LIMITATIONS TO THE METROPOLITAN WASTEWATER TREATMENT PLANT AT PIG'S EYE LAKE IN THE MATTER OF NPDES AND STATE PERMIT HEARING DOCKET NO. PCA-78-OO6-EG WHEREAS, on November 7, 1977 the City of New Hope learned through correspondence with the Association of Metropolitan Municipalities that as an issue in the National Pollution Discharge Elimination System and State Disposal Permits hearing (Docket No. PCA-78-OO6-EG) commenced November 2, 1977 for the metropolitan wastewater treatment plant located at 2400 Childs Road, St. Paul, Minnesota, 55104, near Pig's Eye Lake, a restriction or moratorium on additional wastewater materials to that plant from either new or existing connections was being considered~ and WHEREAS~ the NPDES permit hearing notice did not include as possible subject matter the above mentioned moratorium; and WHEREAS, all parties affected by such moratorium issue were not duly notified; and WHEREAS, learning of this matter through a private organization does not constitute legal or proper notice; and WHEREAS, the City of New Hope has not had proper and sufficient time to analyze the impact of such a moratorium; and WHEREAS, the City of New Hope has determined that there are obvious economic impact including but not limited to substantial current public investment in stormwater, sanitary sewer, water and street utilities based o~ impending development assessments which would not be forthcoming that could cause bond default or severe taxing of the City's residents; and WHEREAS, the City of New Hope has determined that there are obvious social impact, including but not limited to the loss of necessary housing stock development and the loss of employment opportunities for our citizens, THEREFORE, BE IT RESOLVED that the City of New Hope strongly objects to the consideration of waste inflow moratorium in the current NPDES permit hearings for the metropolitan waste control plant located at Pig's Eye Lake in St. Paul, Minnesota. FURTHER, BE IT RESOLVED that this objection is based on legal, economic and social grounds which the City has not yet had time to fully explore and present at the said hearings. AND FURTHER BE IT RESOLVED that the City of New Hope requests that the Hearing Examiner accepts and places in the record this Resolution as formal objection to the consideration of the moratorium issue. Dated this 14th day of November, 1977 rk-Treasurer RESOLUTION ESTABLISHING THE NEW HOPE CITY COUNCIL AS A BOARD OF HEALTH BE IT RESOLVED by the Council of the City of New Hope, Minnesota: 1. Pursuant to the provisions of Minnesota Statute § 145.913, Subd. 2 (a), the City Council of the City of New Hope, Minnesota is hereby designated as the New Hope Board of Health. 2. The City Council hereby assumes the responsibilities of the board of health but the scope of services to be provided will include only public health nursing and environmental health services. Dated the /~ day of ~/f~.~ ~. ~-~, 1977. ' ~rk~2~r~easurer A RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR LOCAL PLANNING MONIES WHEREAS, the City of New Hope is required to update its local planning effort in accord with the guide- lines established under the Metropolitan Land Planning Act, and WHEREAS, there are grant monies available to assist in meeting the costs of said work, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota that: ~e attached grant application is hereby approved and the City Manager is authorized and directed to submit the same to the ap- propriate officials at the Metropolitan Council in an effort to obtain at least $4,911 of aid toward meeting the costs of the planning work to be done to meet the requirements of the planning act. Adopted this 14th day of November, 1977. -- ~ ~rk~_TreasUrer ' :% METROPOLITAN COUNCIL ~u~:e" 'i ~,0-J° ¢ M~tro Square Building, Saint Paul, ~linnesot~ COMMUNITY GRANT APPLICATION 1. Name of Community City of New Hope 2. Name of Local Contact Person ....... Harl~ G. Larson Telephon. Number 533-1521 3. Work Progrem Outline the maior tasks and the total costs of those tasks which must be undertaken in order to prepare or update the community'~ comprehensive plan according to its systems statement, and prepare and adopt its Official Controls. The outline should follow the · format shown on the back of this application form. LAND USE PLAN: Amend the physical inventory; policy plan and development plan to emphasize natural resource environmental aspects of the community. $2000 Provide additional population/household and .employment forecast 'information by traffic assignment zone ~ 1000 Upgrade Housing Plan lOOO IMPLEMENTATION PLAN: Develop Updated Community Improvement Program 760 Provide Housing Implementation Site Plan 1000 4. Completion Dat~ Develop Implementation Manual 800 Estimated completion date of the Work Program Four MOnths After Award of Contract. 5. Previous Planning · Indicate whether this work program reflects the cost of updating a previously prepared plan and, if so, describe to what extent the plan(s) will be utilized in developing the community's Comprehensive Plan. All the work proposed is to update the City of New Hope's current Comprehensive Plah as reviewed by the Metropolitan Council in October of 1976. We have reviewed the comments made by the Council at that time and are attempting to update the Plan based on: Comments'dated October 18, 1976; the Metropolitan System Statement as amended; the October 6, 1977 Plan Control Guidelines and o',,r interpretation of planning needs. 6. Oumide Assi~an~ Li~ amounts and sourc~ of outside a~i~an~. Only outside assistance proposed is the $4,911 applied for by this application. 7. Special Fund Requests If the community wishes to apply for a portion of the Special Fund: (1) describe the existing or proposed metropolitan feature or activity that exists within or near your community that increases the total cost to the community of pi'eparing or updating its comprehensive plan relative to other communities; (2) document as best as possible how the feature or activity relates to the funding criteria {V C 3 of the Guidelinesl and how it increases your cost; and {3) state the amount requested and indicate where this amount \ is reflected in the work program major task cost estimates. 8. Grant Amount(s) Requested: ~ 4,911 I a. Community Comprehensive Planning Fund entitlement $ b. Inventory Activity Fund entitlement c. Special Planning Problems Funds requested $ TOTAL' $ 4~9ii ~Totsl grant amount requested, plus assistance from the counties out of the County Assistance to Freestanding Growth Centers Fund or Inventory Activities Fund. may not exceed 7.5% of the total cost of the work program, or the total cost to community. 9. Attach a copy of the resolution by the governing body transmitting this app[icatiorl. Work Program Total Cost of Performed Major Tasks: Major Task: 1 by: 2 h Land Use Plan A. Inventory3 · B. Development of . Midwest Planning and Policies and Plans: Research~City Staff I. tandUse $ 1,000 2. Protection 2,000 3, .Housing 1/0~)0 4. Airport-related considerations Ih Facilities Plan A. Inventory3 - B. Development of Policies and Plans: 1., Transportation ,. 2. Sewer Policy 3, Parks end Open Space I!!. Implementation Program A. Inventory3 -, B. Development of Programs or Descriptions: 1. Official Controls 2. Capital Improvement $ 760 Midwest Plan/City St, 3. .Housing Implementation 1 ~000 " IV. Preparation and Adoption of Official Controls · - 800 " " Total Cost of Work Program 6 t 560 Outside Assistance (.,J - 0 - Cost to Community $ 6 t 560 1Includes all co=ts defined as included in the total COSt of the work program.. 2Lead person(s), Firm(u} or a§encv(s) res~3ons[ble for the performance of the major tasks of the work program. If Indefinite at present, provide your best estimation end indicate that it is tentative. ..... 3For communities that are eligible for Inventory Activity Grant entitlements, specify (1 } the eligible activities .... to be undertaken, and (2) the cost to the community. A RESOLUTION PROCLAIMING FAMILY DAY WHEREAS, the family is the basic unit of society and the foundation of civilization, and WHEREAS, a society composed of strong families is for- tified to combat destructive forces which would otherwise undermine individuals and nations, and WHEREAS, an individual's character and foundation for use- ful and happy living are determined primarily by influences within the home, NOW THEREFORE, THE CITY COUNCIL, City of New Hope, Minne- sota does hereby proclaim November 19, 1977 as Family Day and urge all citizens to recognize the importance of the family unit and to work ~o strengthen the ties within their own families on this day and in the years to come. Adopted this 14th day of November, 1977. ATTEST: ~ ~ ..?iQ RESOLUTION DETERMINING THE NEED FOR A HOUSING AND REDEVELOPMENT AUTHORITY IN THE CITY OF NEW HOPE, MINNESOTA. BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: 1. That there is a need for the Housing and Redevelopment Authority in the City of New Hope to function in the City of New Hope as authorized by Minnesota Statute § 462.425. 2. That the Council hereby declares, finds and determines as follows: (a) Substandard or deteriorated areas exist in the City of New Hope which cannot be redeveloped' without government assistance. (b) Adequate housing accommodations are not available to veterans and servicemen and their familities. (c) There is a shortage of decent, safe, and sanitary dwelling accommodations available to persons with Iow incomes and their families at rentals they can afford. Dated the 12th day of December, 1977. /~ .~l%v~ J. Erickson, Mayor / · Attest: ,~~r~ B ~P~t, Clerk-Treasurer NOTICE OF PUBLIC HEARING ON RESOLUTION DETERMINING THE NEED FOR A HOUSING AND REDEVELOPMENT AUTHORITY IN THE CITY OF NEW HOPE, MINNESOTA. Notice is hereby given that the City Council of the City of New Hope, Minnesota will meet at 7:00 P.M. on the ] 2thday of December , 1977 at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed resolution as follows: RESOLUTION DETERMINING THE NEED FOR A HOUSING AND REDEVELOPMENT AUTHORITY IN THE CITY OF NEW HOPE, MINNESOTA. BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follow s: 1. That there is a need for the Housing and Redevelopment Authority in the City of New Hope to function in the City of New Hope as authorized by Minnesota Statute § 462.425. 2. The the Council hereby declares, finds and determines as follows: (a) Substandard or deteriorated areas exist in the City of New Hope which cannot be redeveloped without government assistance. (b) Adequate housing accommodations are not available to veterans and servicemen and their families. (c) There is a shortage of decent, safe, and sanitary dwelling ac- commodations available to persons with Iow incomes and their families at rentals they can afford. 3. The Clerk is authorized and directed to publish in the New Hope- Plymouth Post a Notice of Public Hearing on this resolution not less than ten days nor more than 30 days prior to the date of the hearing specified therein, in substantially the form attached. Dated the ] 4th day of November , 1977. ~Be~iot, Clerk-Treasurer Oral and written comments will be received from all residents and other interested persons at said public hearing prior to any action of the Council upon the proposed resolution. Dated the 14th day of November , 1977. Betty Pouliot City Clerk-Treasurer (Published in the New Hope-Plymouth Post the 24th day of November , 1977.) -2- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW HOPE, MINNESOTA, APPROVING THE ISSU- ANCE AND SALE OF $13,375,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (.ST. THERESE HOME, INC. PROJECT) SERIES 1977 OF THE CITY OF NEW HOPE, MINNESOTA; AUTHORIZING EXECUTION OF AN INDENTURE OF TRUST, LOAN AGREEMENT, BOND PURCHASE AGREEMENT, LETTER OF INDUCEMENT AND OFFICIAL STATEMENT, ALL RELATING TO SAID SERIES 1977 BONDS BE IT RESOLVED by the City Council of the City of New Hope, Minnesota (the City), as follows: Section 1. It is hereby found, determined and declared as follows: (A) Under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended (the Act), the City is authorized and empowered to issue revenue bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or expansion of any properties, real or personal, used or useful in connection with a revenue producing enter- prise and to enter into a revenue agreement (as defined in the Act) with any public or private corporation in such manner that payments required thereby to be made by such corporation shall be fixed and revised thereby from time to time as necessary, so as to produce income and revenue sufficient to provide for the prompt payment of principal of and interest on such revenue bonds when due; (B) The issuance of the Series 1977 Bonds (as hereinafter defined) for the purpose of financing the Project (as hereinafter defined) Will further the public purposes of the Act by encouraging the provision of safe and adequate housing within the City and the maintenance of the population thereof, the active promotion, attraction, encouragement, and development of commerce through governmental action for the purpose of preventing, so far as possible, the emergence of blighted and marginal land and areas of chronic unemployment and by the retention and development of industry and commerce to use the available resources of this community in order to preserve the existing investment of this community and the State of Minnesota as a whole in educational and public ' service facilities; (C) The Commissioner of Securities of the State of Minnesota has approved the Project (as hereinafter defined) in accordance with the provisions of the Act; (D) Pursuant to the Act, the acquisition, construc- tion, reconstruction, improvement, betterment, or extension of any project, the execution of any revenue agreement or mortgage pertaining thereto, and the issuance of bonds in anti- cipation of the collection'of the revenues of such project to provide funds to pay for the cost thereof, may be authorized by an ordinance or resolution of the governing body adopted at a regular or duly called special meeting thereof by the affirmative vote of a majority of its members. No election is required to authorize the use of any of the powers conferred by the Act; (E) The Series 1977 Bonds (as hereinafter defined) are issued for a project defined in subdivision la of Section 474.02 of the Act; (F) The Series 1977 Bonds (as hereinafter defined) shall contain a recital that they are issued pursuant to the Act, and, in accordance with Section 474.08 of the Act, such recital shall be conclusive evidence of their validity and of the regularity of their issuance. Each Series 1977 Bond shall, in accordance with~ Section 474.10(4) of the Act, recite in substance that such Bond, including interest thereon, is payable solely from the revenue pledged to the payment thereof; (G) The issuance and sale of $13,375,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (St. Therese Home, Inc. Project) Series 1977 (the Series 1977 Bonds) pursuant to the Act is in the best interest of the City and the City hereby determines to issue and sell such Series 1977 Bonds. The proceeds of the Series 1977 Bonds will be loaned (the Loan) by the City to St. Therese Home, Inc., a Minnesota corporation (the Corporation) in order to pay a portion of financing the acquisition, construction, instal- lation and equipping of the Project, including reimbursement of the Corporation for payment of certain indebtedness. The Project entails acquisition, construction and equipping a re- tirement apartment complex to be constructed adjacent to the existing nursing home owned and operated by the Corporation. The Project is described in greater detail in Exhibit A to the Loan Agreement hereinafter referred to; (H) Pursuant to a Loan Agreement (the Loan Agreement), to be dated as of November 1, 1977, between the City and the Corporation, a copy of which has been presented to the City Council at this meeting and which has been reviewed to the extent deemed necessary, the Corporation unconditionally agrees to repay the Loan in specified amounts and at specified times sufficient to make the necessary payments of principal of, premium, if any, and interest on the Series 1977 Bonds% In addition, the Loan Agreement' contains provisions relating tO the construction and completion of the Project, the payment by the Corporation of administrative costs of the City and the Trustee, conditions of alteration, improvements and removals of items constituting the Corporation's facilities, the main- tenance and operation of such facilities and damage or destruc- -2- tion thereto, the establishment of rates and charges, the incurrence of other indebtedneSs, indemnification, insurance and other agreements and covenants which are required by the Act or which are permitted by the Act and which the City and ~the Corporation deem necessary or desirable to the financing of the Project and the sale of the Series 1977 Bonds; (I) Pursuant to an Indenture of Trust, to be dated as of November 1, 1977 (the Indenture), a couf of which has been presented to the City Council at this meeting and which has been reviewed to the extent deemed necessary, the City assigns and pledges all of its right, title and interest in the Loan Agreement (except only certain rights for administra- tion costs and for indemnification) to , as Trustee. In addition,.the Indenture, among other things, sets the interest rates, maturity dates and redemption provisions for the Series 1977 Bonds, provides for the terms and conditions for the issuance of any Additional Bonds, establishes the various Funds and Accounts for the deposit and transfer of moneys and contains other provisions which are required by the Act or which are permitted by the Act and which the City and the Corporation deem necessary or desirable to the financing of the Project and the sale of the Series 1977 Bonds; (J) The Series 1977 Bonds and any Additional Bonds issued under the Indenture will be special limited obligations of the City payable solely from revenues derived'from the Loan Agreement, other than to the extent payable from the proceeds of the Series 1977 Bonds, the proceeds of insurance or condemnation awards or the disposition of the property secured by the Mortgage (as hereinafter defined) upon a default by the Corporation under the Loan Agreement. The Series 1977 Bonds shall not be payable from nor charged upon any funds other than the revenue pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder or holders of such Series 1977 Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay any such Series 1977 Bonds of the interest thereon, nor to enforce payment thereof against any property of the City except the Project. No such Series 1977 Bonds shall constitute a debt-of the City within the meaning of any constitutional or statutory provision; (K) As additional security for the holders of the Series 1977 Bonds, the Corporation will, pursuant tO a Mortgage and Security Agreement, to be dated as of November 1, 1977 (the Mortgage) grant to the Trustee a mortgage on all of its real estate, and all improvements now standing or hereafter ¢ontructed or placed thereon, and a security interest in certain personal property owned by the Corporation, subject to certain specified permitted encumbrances; -3- (L) Pursuant to an Official Statement, dated as of , 1977 (the Official Statement), a copy of which has been presented to the City Council at this meeting and which has been reviewed to the extent deemed necessary, certain information relating to the City, the Corporation, the Series 1977 Bonds, and the above-described documents will be given to the purchasers of the Series 1977 Bonds by a group of investment bankers and dealers represented by Piper, Jaffray & Hopwood, Inc. (the Underwriters).. In addition, certain financial statements of the Corporation together with the report of Hoffman & Swinter and the Feasibility Study prepared by Laventhol & Horwath is included in the Official Statement; (M) Pursuant to a Letter of Inducement, dated , 1977 (the Letter of Inducement), a copy of which has been presented to the City Council at this meeting and which has been reviewed to the extent deemed necessary, the Corporation makes certain representations and agrees to indemnify the City and the Underwriters for any untrue statements or omissions contained in the Official Statement. In addition, the Letter of Inducement also contains other agreements and covenants deemed necessary or desirable by the City and the Corporation for the sale of the Series 1977 Bonds. (N) Pursuant to a Bond Purchase Agreement, dated as of , 1977 (the Bond Purchase Agreement) among the City, the Corporation and the Underwriters, a copy of which has been presented to the City Council at this meeting and which has been reviewed %o the extent deemed necessary, the Underwriters will purchase the Series 1977 Bonds from the City at the discount price and on the terms and conditions therein specified which are deemed necessary or desirable by the parties thereto for the sale of the Series 1977 Bonds. Section 2. In order to provide for the financing of the acquisition, construction, installation and equipping of the Project, the City hereby authorizes the issuance of its revenue bonds under the Act, to be designated "City of New Hope, Minnesota, Industrial Development Revenue Bonds (St. Therese Home, Inc. Project) Series 1977" in the aggregate principal amount of $13,375,000. The Series 1977 Bonds shall be dated as of November 1,_1977, and shall mature in the years, in the amounts, bear interest at the rates and contain the redemption and other provisions as are set forth in the Indenture. Section 3. Each Series 1977 Bond shall be executed on behalf of the City by the manual or facsimile signature of · the Mayor of the City, and its corporate seal (which may be in .facsimile) shall be thereunto affixed (or imprinted and engraved if in facsimile) and attested by the signature of the City Manager (which may be facsimile if the Series 1977 Bond is executed by the Mayor of the City). The coupons to be attached to the coupon Bonds shall bear the facsimile signatures o~ the Mayor and the City Manager. If any of the officers who -4- shall have signed or sealed any of the Series 1977 Bonds or whose facsimile signature shall be upon the coupons shall cease to be such officers of the City before the Series 1977 Bonds so signed and sealed shall have been actually authenti- cated by the Trustee or delivered by the City, such Series 1977 Bonds nevertheless may be authenticated, issued and delivered with the same force and effect as though the person or persons who signed or sealed such Series 1977 Bonds or whose facsimile signature shall be upon the coupons had not ceased to be such officer or officers of the City. Section 4. The City reserves the right to issue Additional Bonds for the purposes and upon the conditions set forth 'in the Indenture, which Bonds shall be equally and ratably secured with the Series 1977 Bonds. Section 5. The Indenture and the Loan Agreement are hereby made a part of this Resolution as fully as though set forth in full herein and are hereby approved in the form sub- mitted to this meeting, and the Mayor is hereby authorized and directed to execute, acknowledge and deliver the Indenture and the Loan Agreemen5 on behalf of the City with such changes, insertions and omissions therein as do not change the substance of the Intenture or Loan Agreement and as may be approved by the Mayor, such approval to be evidenced conclusively by his execution of the Indenture and the Loan Agreement and the City Manager is hereby authorized and directed to affix to the Indenture and the Loan Agreement the corporate seal of the City and to attest thereto. Section 6. The Official Statement is hereby made a part of this Resolution as fully as though set forth in full herein and is hereby approved in the form submitted to this meeting, and the Mayor is hereby authorized and directed to execute said Official Statement on behalf of the City, with such changes, insertions and omissions therein as do not change the substance of the Official Statement, and as may be approved by the Mayor, such approval to be evidenced con- clusively by his execution of the Official Statement, and said Official Statement and the information contained there- in are hereby authorized to be used by the Underwriters in connection with the sale of the Series 1977 Bonds to the public. Section 7. The Bond Purchase Agreement and Letter of Inducement are hereby made a part of this Resolution as fully as though set forth in full herein and are hereby approved in the form submitted to this meeting and the Mayor . is hereby authorized and directed to execute said Bond Purchase Agreement and Letter of Inducement on behalf of the City, with such changes, insertions or omissions therein as do ~not change the substance of the Bond Purchase Agreement and the Letter of Inducement and as may be approved by the Mayor, such approval to be evidenced conclusively by his execution of the Bond Purchase Agreement and Letter of Inducement. -5- Section 8. The Mayor of the City and the City Manager and al~l members of the City Council are hereby author- ized and directed to execute and deliver all other documents which may be required under the terms of the Indenture, the L'oan Agreement, Letter of Inducement or the Bond Purchase Agreement, and to take such other action as may be required or appropriate for the performance of the duties imposed thereby or to carry out the purposes thereof. Adopted by the City Council of the City of New Hope, Minnesota, this /c/ day of November, 1977. Mayor Attest: 'City ~lerk-Treas'urer (SE~L) -6- $13,375,000 CITY OF NEW HOPE, MINNESOTA INDUSTRIAL DEVELOPMENT REVENUE BONDS (St. Therese Home, Inc. Project) Series 1977 November 14, 1977 BOND PURCHASE AGREEMENT On the basis of the representations, and ~the terms and conditions, contained herein, the undersigned, Piper, Jaffray & Hopwood Incorporated, as representative of the Underwriters named on Schedule A attached hereto (the "Underwriters") hereby offer to purchase, severally in the principal amount for each such Underwriter as shown on Schedule A attached hereto, $13,375,000 aggregate principal amount of Industrial Develop- ment Revenue Bonds (St. Therese Home, Inc. Project) Series 1977 (the "Series 1977 Bonds") to be issued by the City of New Hope, Minnesota (the "City"), a municipal corporation organized and existing under the Constitution and laws of the State of Minne- sota, under and pursuant to Chapter 474, Minnesota Statutes, as amended (the "Act"). 2 The Series 1977 Bonds will be issued pursuant to and in accordance with the provisions of an Indenture of Trust (the "Indenture"), dated as of November 1, 1977, between the City and the trustee thereunder (the "Trustee"). The proceeds from the sale of the Bonds will be loaned by the City to St. Therese Home, Inc., a Minnesota nonprofit corporation (the "Home"), pur- suant to a Loan Agreement (the "Agreement"), dated as of Novem- ber 1, 1977, between the City and the Home. The Home is re- quired by the Agreement to make payments whiCh, if paid, will be sufficient to pay the principal of, premium, if any, and interest on the Series 1977 Bonds when due. The Series 1977 Bonds will be secured by a pledge and assignment to the Trustee pursuant to the Indenture of the City's interest in the Agree- ment and by a mortgage of the Facilities (as that term is defined in the Agreement and hereinafter referred to as the "Facilities") to the Trustee under a Mortgage and Security Agreement (the "Mortgage"), dated as of November 1, 1977, be- tween the Home and the Trustee. The Series 1977 Bonds will be payable solely from the payments made by the Home pursuant to the Agreement (other than to the extent payable out of proceeds of the Series 1977 Bonds, the net proceeds of insurance claims or condemnation awards or the disposition of the Facilities, as provided in the Agreement and the Indenture). The proceeds from the sale of the Bonds will be used to construct a 226-unit 3 retirement apartment complex, to retire certain outstanding in- debtedness of the Home and otherwise as specified in the Agree- ment and the Indenture. SECTION 1. REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS. By execution hereof the City hereby represents to, and agrees with, the Underwriters that: (a) The City is a municipal corporation of and with- .in the State of Minnesota, duly organized and existing under the Constitution and laws of the State of Minnesota. The City is authorized by the provisions of the Constitu- tion and laws of the State of Minnesota, including par- ticularly the Act, to issue, sell and deliver the Series 1977 Bonds for the purposes specified above and to per- form its obligations under the Indenture and the Agree- ment. (b) The City has full power and authority to con- summate all transactions contemplated by this Bond Pur- chase Agreement, the Series 1977 Bonds, the Indenture, the Agreement and any and all other agreements relating thereto, to which the City is a party. ...... (c) The City has duly authorized (or will have duly authorized prior to the Closing Time) all necessary action to be taken by it or on its behalf for: (i) the issuance and delivery of the Series 1977 Bonds upon the 4 terms set forth in the Indenture and in the final Offi- cial Statement dated November 14, 1977 (the "Official Statement") used in connection with the sale of the Series 1977 Bonds; (ii) the execution and delivery by it of the Indenture, the Agreement and this Bond Purchase Agreement; and (iii) the carrying out, giving effect to and consummation of the transactions contemplated hereby and by the Official Statement. Copies of the Indenture and the Agreement, executed by the appropriate offigers or officials of the City, and a copy of the Official Statement signed by the Mayor of the City will be deliv- ered to the Underwriters by the City at the Closing Time. (d) There is no action, suit, proceeding, inquiry or investigation at law or in equity or before or by any court, public board or body pending or, to the knowledge of the City, threatened against or affecting it (or, to its knowledge, any basis therefor) wherein an unfavorable '-decision, ruling or finding would adversely affect the transactions contemplated by this Bond Purchase Agreement or by the Official Statement or would adversely affect the validity of the Series 1977 Bonds, the Indenture, the Agreement, this Bond Purchase Agreement or any agreement or instrument to which the City is a party and which is used or contemplated for use in the consummation of the 5 transactions contemplated hereby or by the Official Statement. (e) The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage cer- tifications may not be relied upon. (f) Any certificate signed by any authorized offi- cer or official of the City and delivered to the Under- writers in connection with the transactions contemplated by the Official Statement shall be deemed a representation by the City to the Underwriters as to the statements made therein. SECTION 2. PURCHASE, SALE AND DELIVERY OF THE BONDS. On the basis of, and in reliance upon, the representa- tions and agreements of the City contained herein and in the other documents and agreements referred to herein and subject to the terms and conditions herein set forth, at the Closing Time the Underwriters agree to purchase from the City and the City agrees to sell to the Underwriters the Series 1977 Bonds at 96.25% of the principal amount thereof, plus accrued interest from the date of the Series 1977 Bonds to the date of payment and delivery thereof. The Series 1977 Bonds shall be issued under and secured as provided in the Indenture and the Mortgage, and the Series 1977 Bonds shall have the maturities and interest rates and be sub- 6 ject to redemption as set forth in the Indenture and the Offi- cial Statement, and as set forth in Schedule B attached hereto. Payment for the Series 1977 Bonds shall be made by wire fund transfer to the Trustee on the same day, for the account of the City, at the offices of Dorsey, Windhorst, Hannaford, Whitney & Halladay, 2300 First National Bank Building, Minne- apolis, Minnesota, or at such other place as shall be agreed upon between the City and the Underwriters at 10:00 a.m. on No- vember 30, 1977 or at such other hour and on such other date as the City, the Home and the Underwriters shall mutually agree upon. The date of such delivery and payment is herein called the "Closing Date," and the hour and date of such delivery and payment is herein called the "Closing Time." 'SECTION 3. CONDITIONS TO THE UNDERWRITERS' OBLIGATIONS. The Underwriters' obligations hereunder shall be subject to the due performance by the City of its obligations and agreements to be performed hereunder at or prior to the Closing Time and to the accuracy of and compliance with the representa- tions and warranties of the City contained herein, as of the date hereof and as of the Closing Time, and are also subject to the following conditions: (a) The Series 1977 Bonds, the Indenture, the Agree- ment and the Mortgage shall have been duly authorized, executed and delivered in the form heretofore approved by 7 the Underwriters with only such changes therein as the Un- derwriters, the Home and the City shall mutually agree upon. (b) At the Closing Time, the Underwriters shall re- ce ive: (1) The opinions dated as of the Closing Date of (a) Dorsey, Windhorst, Hannaford, Whitney & Halladay, Bond Counsel, (b) the City Attorney of the City, and (c) Speeter, Johnson, Hautman & Olson, Counsel to the Home, and all in form and substance satisfactory to the Underwriters and their counsel. (2) Evidence, satisfactory to the Under- writers, that the letter dated as of even date here- with from the Home to the Underwriters and the City (the "Inducement Letter"), in form and substance sub- mitted to and approved by the Home, the Underwriters and the City, has been duly authorized, executed and delivered and has not been amended, modified or re- scinded and is in full force and effect as of the Closing Time; (3) A certificate, in form and substance satis- factory to the Underwriters and their counsel, of the Mayor of the City or any duly authorized officer or official of the City satisfactory to the Under- writers and their counsel, dated as of the Closing 8 Date, to the effect that: (i) each of the City's rep- resentations contained herein is true and correct as of the Closing Time; (ii) the City has authorized, by all necessary action, the execution, delivery and due performance of the Series 1977 Bonds, the Inden- ture and the Agreement;' (iii) no litigation is pend- ing, or to their knowledge threatened, to restrain or enjoin the issuance or sale of the Series 1977 Bonds or in any way affecting any authority for or the validity of the Series 1977 Bonds, the Indenture, the Agreement, this Bond Purchase Agreement or the existence or powers of the City or its right to par- ticipate in any manner in the transactions contem- plated by the Official Statement and by this Bond Purchase Agreement; and (iv) the Series 1977 Bonds, the Indenture and the Agreement, as executed by the City, are in the form or in substantially the form approved for such execution by appropriate proceed- ings of the governing body of the City; (4) A certificate, satisfactory in form and substance to the Underwriters and their counsel, of the President and the Secretary of the Home's Board of Directors and the Administrator of the Home, dated as of the Closing Date, to the effect that (i) since December 31, 1976 there has not been any material 9 adverse change in the properties, financial posi- tion or results of operations of the Home, whether o5 not arising from transactions in the ordinary course of business, other than as set forth in the Official Statement and since such date the Home has not entered into any transaction or incurred any liability material as to the Home, except as set forth in the Official Statement; (ii) there are not pending or, to their knowledge, threatened legal proceedings material as to the Home to which the Home is a party, or of which property of the Home is the subject, or which wiil adversely affect the trans- actions contemplated hereby or by the Official State- ment or which will adversely affect the validity or enforceability of the Series 1977 Bonds, the Inden- ture, the Agreement, the Mortgage, the Inducement Letter or this Bond Purchase Agreement, which are not disclosed in the Official Statement; (iii) the information contained in the Official Statement relating to the Home and its Facilities is true and correct in all material respects and does not contain any untrue or incorrect statement of a material fact and does not omit to state a material fact necessary 10 in order to make the statements made therein, in light of the circumstances under which they were made, not misleading; (iv) the Home has duly authorized by all necessary action the signing of the Official Statement by the President of its Board of Directors; and (v) the Home has duly authorized, by all necessary action, the execution, delivery and due performance of the Agreement, the Mortgage, the Inducement Letter and all other documents necessary in connection therewith; (5) Such additional certificates and other documents as the Underwriters may reasonably request to evidence performance of or compliance with the provisions of this Bond Purchase Agree- ment and the transactions contemplated hereby and by the Official Statement, all such certificates and other documents to be satisfactory in form and substance to the Underwriters and their counsel. SECTION 4. THE UNDERWRITERS' RIGHT TO CANCEL. The Underwriters shall have the right to cancel their ob- ligations to purchase the Series 1977 Bonds hereunder by no- tifying the City and the Home in writing or by telegram of its election so to do between the date hereof and the Closing Time, if at any time hereafter and prior to the Closing Time: 11 (a) A tentative decision with respect to legis- lation shall be reached by a committee of the House of Representatives or the Senate of the Congress of the United States or legislation shall be favorably re- ported by such a committee or be introduced, by amend- ment or otherwise, in, or be enacted by, the House of Representatives or the Senate, or be recommended to the Congress of the United States for passage by the Presi- dent of the United States, or a decision by a court established under Article Iii of the Constitution of the United States, or the Tax Court of the United States, shall be rendered or a ruling, regulation or order of the Treasury Department of the United States or the Internal Revenue Service shall be made or proposed having the purpose or effect of imposing Federal income taxation, or any other event shall have occurred which results in the imposition of Federal income taxation, upon revenues or other income of the City or the Home (or by any similar body) or upon interest received on obligations of the general character of the Series 1977 Bonds or the Series 1977 Bonds, or the underlying docu- mentation, which, in the Underwriters' opinion, mate- rially adversely affects the market price of the Series 1977 Bonds; 12 (b) Any legislation, ordinance, rule or regula- tion shall be introduced in, or be enacted by any governmental body, department or agency in the State of Minnesota, or a decision by any court of competent jurisdiction within the State of Minnesota shall be ren- dered which, in the Underwriters' opinion, materially adversely affects the market price of the Series 1977 Bonds; (c) Legislation shall be introduced, by amendment or otherwise, in, or be enacted by, the House of Repre- sentatives or the Senate of the Congress of the United States, or a decision by a court of the United States shall be rendered, or a stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or other governmental agency having jurisdiction of the subject matter shall be made or proposed, to the effect that the issuance, offering or sale of obligations of the general character of the Series 1977 Bonds or the underlying documentation, as contemplated hereby or by the Official Statement, is or would be in violation of any provision of the Securities Act of 1933, as amended and as then in effect, or the Securities Exchange Act of 1934, as amended and as then in effect, or the Trust Indenture Act of 1939, as amended 13 and as then in effect, or with the purpose or effect of otherwise prohibiting the issuance, offering or sale of obligations of the general character of the Series 1977 Bonds or the underlying documentation, or the Series 1977 Bonds or the underlying documentation, as contem- plated hereby or by the Official Statement; (d) Any event shall have occurred, or informa- tion become known, which, in the Underwriters' opinion, makes untrue, incorrect or misleading in any material respect any statement or information contained in the Official Statement (or the Exhibits thereto) as orig- inally circulated, or has the effect that the Official Statement (or the Exhibits thereto) as originally circu- lated contains an untrue, incorrect or misleading statement of a material fact or omits to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the cir- cumstances under which they were made, not misleading; (e) Additional material restrictions not in force as of the date hereof shall have been imposed upon trad- ing in securities generally by any governmental author- ity or by any national securities exchange; (f) The New York Stock Exchange or other national securities exchange, or any governmental authority, 14 shall impose any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the charge to the net capital requirements of, the Underwriters; (g) A general banking moratorium shall have been established by Federal, New York or Minnesota author- ities; (h) A default has occurred with respect to the obligations of, or proceedings have been instituted under the Federal bankruptcy laws or any similar state laws by or against, any state of the United States or any city located in the United States having a population in excess of one million persons or any entity issuing obligations on behalf of such a city or state; (i) A war involving the United States shall have been declared, or any conflict involving the armed forces of the United States shall have escalated, or any other national emergency relating to the effective operation of government or the financial community shall have oc- curred, which in the Underwriters' opinion, materially adversely affects the market price of the Series 1977 Bonds. SECTION 5. CONDITIONS OF OBLIGATIONS. The obligations of the City hereunder are subject to the Underwriters' performance of their obligations hereunder, and 15 the further condition that at the Closing Time the Under- writers shall receive the ~pinions described in Section 3 hereof. SECTION 6. REPRESENTATIONS AND AGREEMENTS TO SURVIVE DELIVERY. All representations and agreements of the City shall remain operative and in full force and effect, regardless of any investigations made by or on the Underwriters' be- half, and shall survive delivery of the Series 1977 Bonds to the Underwriters. SECTION 7. PAYMENT OF EXPENSES. All expenses and costs to effect the authorization, preparation, issuance, delivery and sale of the Series 1977 Bonds (including, without limitation, the fees and disbursements of Bond Counsel and the feasibility consultant, and the fees and expenses incurred in connection with the registration of the Series 1977 Bonds under the "blue sky" laws of various states by counsel to the Underwriters) and the expenses and costs for the preparation, printing, photocopying, execution and delivery of the Series 1977 Bonds and the Official State- ment, shall be paid out of the proceeds of the Series 1977 Bonds or be paid by the Home. SECTION 8. USE OF OFFICIAL STATEMENT. The City hereby ratifies and confirms the Underwriters' authority to use each preliminary Official Statement, and 16 the City hereby authorizes the use of the final Official Statement by the Underwriters in connection with the sale of the Series 1977 Bonds, but makes no representation as to the accuracy of information pertaining to the Home or its Facili- ties contained in the Official Statement. SECTION 9. NOTICE. Any notice or other communication to be given to the City under this Agreement may be given by mailing or deliver- ing the same in writing to the City of New Hope, Minnesota, City Hall, New Hope, Minnesota; any notice or other communi- cation to be given to the Underwriters under this Agreement may be given by delivering the same in writing to Piper, Jaffray & Hopwood Incorporated, 800 Multifoods Building, Minneapolis, Minnesota; and any notice or other communication to be given to the Home under this Agreement may be given by delivering the same in writing to the Home addressed to 8000 Bass Lake Road, New Hope, Minnesota. SECTION 10. APPLICABLE LAW; NONASSIGNABILITY. This Bond Purchase Agreement shall be governed by the laws of the State of Minnesota. This Bond Purchase Agreement shall not be assigned by the City. 17 SECTION 11. EXECUTION OF COUNTERPARTS. This Bond Purchase Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the s~e document. CITY OF NEW HOPE, MINNESOTA / ~)~~'2/~,~ ~ Manager P±F~, J~'~'~ ~ MUFWUUU ±N~u~'~D MILLER & SCHROEDER M~ICIPALS, INC. By: Piper, Jaffray & Hopwood Incorporated ST. THE~SE HO~, iNC. SCHEDULE A $13,375,000 City of New Hope, Minnesota Industrial Development Revenue Bonds (St. Therese Home, Inc. Project) Series 1977 Piper, Jaffray & Hopwood Incorporated $5,440,000 Miller & Schroeder Municipals, Inc. 5,435,000 Allison-Williams Company 500,000 Dain, Kalman & Quail, Incorporated 500,000 Paine, Webber, Jackson & Curtis, Incorporated 500,000 Craig-Hallum Inc. 250,000 DoUgherty, Dawkins, Strand & Ekstrom 250,000 Incorporated Moore, Juran and Company, Inc. ' 250,000 Keenan & Clarey, Inc. 250,000 Schedule B $13,375,000 City of New Hope, Minnesota Industrial Development Revenue Bonds (St. Therese Home, Inc. Project) Series 1977 Maturity July 1 Amount Coupon 1978 $ 75,000 4.50% 1979 75,000 4.75 1980 270,000 5.00 1981 285,000 5.25 1982 300,000 5.50 1983 315,000 5.75 1984 330,000 5.90 1985 350,000 6.00 1986 375,000 6.15 1987 395,000 6.30 1988 420,000 6.40 1989 450,000 6.50 1990 475,000 6.60 1991 510,000 6.75 1992 545,000 6.75 2002 8,205,000 7.50 $13,3.75,000. CITY OF NEW HOPE, MINNESOTA INDUSTRIAL DEVELOPmeNT REVENUE BONDS (St. Therese Home, Inc. Project) Series 1977 November 14, 1977 City of New Hope, Minnesota City Hall New Hope, Minnesota 55428 Piper, Jaffray & Hopwood Incorporated 800 Multifoods Building Minneapolis, Minnesota 55402 Dear Sirs: This Inducement Letter is being executed by the under- signed, St. Therese Home, Inc., a Minnesota nonprofit corpo- ration (the "Home"), in order to induce the City of New Hope, Minnesota (the "City") and Piper, Jaffray & Hopwood Incor- porated, as Representative of the Underwriters (the "Under- writers"), to enter into a Bond Purchase Agreement (the "Bond Purchase Agreement") dated as of the date hereof, relating to the purchase by the Underwriters and the sale by the City of $13,375,000 aggregate principal amount of the City's Indus- trial Development Revenue Bonds (St. Therese Home, Inc. Proj- ect) Series 1977 (the "Bonds"). The Bonds are to be issued pursuant to an Indenture of Trust (the "Indenture"), dated as 2 of November 1, 1977, by and between the City and the trustee named thereunder (the "Trustee"). The proceeds from the sale of the Bonds will be loaned by the City-to the Home pursuant to a Loan Agreement (the "Agreement"), dated as of November 1, 1977, between the City and the Home. The Home is required by the Agreement to make payments which, if paid, will be suf- ficient to pay the principal of, premium, if any, and inter- est on the Bonds when due. The Bonds will be secured by a pledge and assignment to the Trustee pursuant to the Inden- ture of the City's interest in the Agreement and by a mort- gage of the Facilities (as that term is defined in the Agree- ment and hereinafter referred to as the "Facilities") to the Trustee under a Mortgage and Security Agreement (the "Mort- gage"), dated as of November 1, 1977, between the Home and the Trustee. The Bonds will be payable solely from the pay- ments made by the Home pursuant to the Agreement (other than to the extent payable out of proceeds of the Bonds, the net proceeds of insurance claims or condemnation awards or the disposition of the Facilities, as provided in the Agreement and the Indenture). The proceeds from the sale of the Bonds will be used ko construct a 226-unit retirement apartment complex, to retire certain outstanding indebtedness of the Home and otherwise as specified in the Agreement and the Indenture. 3 With full realization and appreciation of the fact that the investment value of the Bonds, and the ability of the Underwriters to resell the Bonds, depend principally upon the credit standing of the Home, and in consideration of the foregoing and the execution and delivery of the Bond Purchase Agreement the Home hereby represents, warrants and cove- nants to the Underwriters and the City as follows: (a) The information contained in the preliminary Official Statement dated November 4, 1977 and the final Official Statement dated November 14, 1977 relating to the Bonds (the preliminary Official Statement and the final Official Statement including the Exhibits thereto and any and all supplements and amendments thereto, are collectively referred to herein as the "Official State- ment''), does not cohtain and, at the Closing Date (as defined in the Bond Purchase Agreement) will not con- tain, any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) The Home will not knowingly take or omit to take any action, which action or omission will in any 4 way cause the proceeds from the sale of the Bonds to be applied in a manner other than as provided in the Inden- ture and the Agreement or which would cause the interest on the Bonds to be subject to federal income tax under the Internal Revenue Code of 1954, as amended. (c) There is no action, suit, proceeding or in- vestigation at law or in equity, or before or by any court, public board or body, pending or, to the best knowledge and information of the Home, threatened, against or affecting the Home and, to the best knowl- edge and information of the Home, there is no basis for any such action, suit, proceeding or investigation, wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated by the Bond Purchase Agreement or the Official Statement or the validity and enforceability of the Bonds, the Indenture, the Agreement, the Mortgage or this Inducement Letter. (d) The Home is a duly incorporated and validly existing nonprofit corporation under the laws of, and is in good standing in, the State of Minnesota. The Home is an organization described in Section 501(c)(3) of the Internal Revenue Code, exempt from tax under Sec- tion 501(a) of the Internal Revenue Code and exempt from Minnesota income taxes. 5 (e) The Home has taken all necessary action to authorize, execute and deliver the Agreement, the Mort- gage, the Official Statement and this Inducement Letter; and the Agreement and the Mortgage, when executed and de- livered by the Home, will be legal, valid and binding obligations of the Home enforceable in accordance with their terms. (f) The execution and delivery of this Inducement Letter and the performance by the Home of its obliga- tions under the Agreement, the Mortgage and this Induce- ment Letter do not and will not violate the Articles of Incorporation or Bylaws of the Home, or any court order by which the Home is bound, and such actions do not and will not constitute a default under any agreement, inden- ture, mortgage, lease, note or other obligation or ~instru- ment to which the Home is a party and no approval or other action by any governmental authority or agency is required in connection therewith which has not been pre- viously obtained or accomplished. (g) The Home agrees that if during such time as the Official Statement is used in connection with the offering and sale of the Bonds any event known to the Home relating to or affecting the Home or its Facilities shall occur which might materially affect the correct- 6 ness or completeness of any statement of a material fact contained in the Official Statement, the Home will promptly notify the Underwriters and the City in writing of the circumstances and details of such event. (h) The Home agrees to indemnify and hold harmless the City and the Underwriters and each person, if any, who controls the Underwriters within the meaning of Section 15 of the Securities Act of 1933, as amended, and each and all and any of them, from and against any and all losses, claims, damages or liabilities, and (except as otherwise provided in paragraph (i) below) to reimburse the City and the Underwriters and each such controlling person, if any, for any legal or other expenses reasonably incurred by them in defending any action, to the extent that such losses, claims, damages, liabilities or actions were caused by or based upon any untrue statement or alleged untrue statement of a mate- rial fact contained in the Official Statement or any amendment or supplement thereto or the omission or alleged omission to state therein a material fact re- quired to be stated therein or necessary to make the statements therein not misleading, so long as such information has been supplied by or is a description of matters relating to the Home or its Facilities. 7 (i) In addition to the indemnification of the City contained in paragraph (h) above, the Home agrees to indemnify and hold harmless the City from and against any and all other losses, claims, damages or liabili- ties, if any, arising out of the issuance of the Bonds. (j) In case any action shall be brought against the City or the Underwriters or any person controlling the UnderWriters, based upon the Official Statement or any amendment or supplement to the Official Statement, and in respect of which the Home is'~required to indem- nify the City or the Underwriters or any controlling per- son pursuant to the provisions of paragraph (h) above, the City or the Underwriters or such controlling person, as the case may be, shall promptly notify the Home in writing and the Home shall assume the defense thereof, including the employment of counsel and the payment of all expenses. The City or the Underwriters or any such controlling person shall have the right to employ separate counsel in any such action and participate in the defense thereof, but the fees and expenses of such counsel shall be at the expense of the City or the Underwriters or such controlling person, as the case may be, unless the employment of such counsel has been specifically author- ized by the Home. The Home shall not be liable for any 8 settlement of any such action effected without its consent, but if settled with the consent of the Home, or if there be a final judgment for the'plaintiff in any such action, the Home agrees to indemnify and hold harmless the City and the Underwriters and any such controlling person from and against any loss or liabil- ity by reason of such settlement or judgment. No person other than the City, the Underwriters and the persons referred to in paragraph (h) hereof and their respec- tive successors and assigns shall have any rights under or by virtue of this Inducement Letter. The terms "successors" and "assigns" shall not include the purchaser of Bonds from any Underwriters merely because of such purchase. The representations, warranties, covenants and indem- nities contained in this Inducement Letter shall survive any termination of the Bond Purchase Agreement or the closing under the Bond Purchase Agreement and the resale by the Underwriters of the Bonds and any investigation made by or on behalf'of the City or the Underwriters of any matters de- scribed in or related to the transactions contemplated by this Inducemen% Letter, the Bond Purchase Agreement, the Official Statement, the Indenture, the Agreement or the Mortgage. 9 This Inducement Letter shall be governed by, and con- strued in accordance with, the laws of the State of Minne- sota. This Inducement Letter may be executed in several coun- terparts, each of which shall be regarded as an original and all of which shall constitute one and the s~e agreement. Very truly yours, [Seal] ST. THE~SE HO~, INC. Attest: Presi-dent, Board of Directors By // Directors Accepte~as of the date first above written: CITY OF NEW HOPE, MINNESOTA ~/A ~ Mayor V//~7~F~ Manager ~PER~' J~F~ & HOPWOOD INCO~O~TED (as Repre- sentative of the Under- writers) ~ /Vice Presi ent ORDINANCE NO. 77- 22 AN ORDINANCE AMENDING SECTION 4.103 OF THE CITY CODE BY AMENDING THE EXTENT OF THE MR DISTRICT (RE: JORGENSON 1ST ADDITION). 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 premises to the MR classification: (45) Lots 1 through 5, Jorgenson 1st 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 28th day of November , 1977. /' -- E~Erickson, Mayor AtteSt~reasurer (Published in the New Hope-Plymouth Post the 19th day of danuary; 1978.) CERTIFICATION OF MINUTES RELATING TO $650,000 CO},~ERCIAL DEVELOPMENT REVENUE BONDS Issuer: City Council Governing Body: City of New Hope, Minnesota Kind, date, time and place ef meeting: A meeting, held on November 28, 1977, at o'clock .M., at Members present: ' Members aNsent: Documents Attached: Minutes of said meeting (pages): RESOLUTION OP THE CITY COUNCIL OF THE CITY OF NEW HOPE, MINNESOTA, APPROVING THE ISSU- ANCE AND SALE OF $650,000 AGGREGATE PRINCI- PAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (.STEPHEN M. KROGNESS PROJECT) {RESTAURANT PROPERTIES, INC., LESSEE) (SAMBO'S RESTAURANTS, INC., LEASE GUARANTOR) SERIES 1977 OF THE CITY OF NEW HOPE, MINNESOTA; AUTHORIZING EXECUTION OF AN INDENTURE OF TRUST, MORTGAGE LOAN AGREE- MENT, BOND PURCHASE AGREEMENT AND OFFICIAL STATEMENT, ALL RELATING TO SAID SERIES 1977 .. BONDS ' I, the undersigned, being the duly~ qualified and acting recording officer of the public corporation issuing the bonds re- ferred te in the title of this certificate, certify that the docu- ments attached hereto, as described above, have been carefully compared with tine original records of said corporation in my leoal custody, from which the}, have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting o[ the governing body ef said corporation, and correct and complete copies of all resolutions and ether actions taken and of ail docu- ments approved h!, the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by ~-he~ covorning... ~ body at the time and place and was attended through- out b!, the members indicated above, pursuant to call and notice of such meeting given as required by law. I'3IQ'NESS :Y,y hand officially as such recording officer this day of November , 19 77. I ~ ~ '/ Signature Name and Title RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF NEW HOPE, MINNESOTA, APPROVING THE ISSU- ANCE AND SALE OF $650,000 AGGREGATE PRINCI- PAL AMOUNT OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (STEPHEN M. KROGNESS PROJECT) (RESTAURANT PROPERTIES, INC., LESSEE) (SAMBO'S RESTAURANTS, INC., LEASE GUARANTOR) SERIES 1977 OF THE CITY OF NEW HOPE, MINNESOTA; AUTHORIZING EXECUTION OF AN INDENTURE OF TRUST, MORTGAGE LOAN AGREE- MENT, BOND PURCHASE AGREEMENT AND OFFICIAL STATEMENT, ALL RELATING TO SAID SERIES 1977 BONDS BE IT RESOLVED by the City Council of the City of New Hope, Minnesota ~the City), as follows: Section 1. it is hereby found, determined and declared as follows: (A) Under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended (the Act), the City is authorized and empowered to issue revenue bonds to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or ex- pansion of any properties, real or personal, used or useful in connection with a revenue producing enterprise and to enter into a revenue agreement (as defined in the Act) with any person in such manner that payments required thereby to be made by such person shall be fixed and revised thereby from time to time as necessary, so as to produce income and revenue sufficient to provide for the prompt payment of the principal of and interest on such revenue bonds when due; (B) The issuance of the Series 1977 Bonds (as here- inafter defined) for the purpose of the Project (as hereinafter defined), is and the effect thereof will be to promote the pub- lic welfare by the attraction, encouragement, retention and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the development and retention of industry to use the available resources of the community in order to retain the benefit of its existing invest- ment 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; more intensive development of land available in the community to provide an adequate tax base to finance the increase in the amount and cost of governmental services; and a better distribu- tion of tax burdens between industrial or commercial properties and residential properties within the City; (C) The Commissioner of Securities of the State of Minnesota has approved the Project (as hereinafter defined) in accordance with the provisions of the Act; (D) Pursuant to the Act, the acquisition, construc- tion, reconstruction, improvement, betterment, or extension of any project, the execution of any revenue agreement or mortgage pertaining thereto, and the issuance of bonds in anticipation of the collection of the revenues of such project to provide funds to pay for the cost thereof, may be authorized by an ordinance or resolution of the governing body adopted at a regular or duly called special meeting thereof by the affir- mative vote of a majority of its members. No election is required to authorize the use of any of the powers conferred by the Act; (E) The Series 1977 Bonds (as hereinafter defined) are issued for a project defined in subdivision la of Section 474.02 of the Act; (F) The Series 1977 Bonds (as hereinafter defined) shall contain a recital that they are issued pursuant to the Act, and, in accordance with Section 474.08 of the Act, such recital shall be conclusive evidence of their validity and of the regularity of their issuance. Each Series 1977 Bond shall, in accordance with Section 474.10(4) of the Act, recite in substance that such Bond, including interest thereon, is payable solely from the revenue pledged to the payment thereof; (G) The issuance and sale of $650,000 aggregate princiPal amount of the City's Commercial~Development Revenue Bonds (Stephen M. Krogness Project) (Restaurant Properties, Inc., Lessee) (Sambo's Restaurants, Inc., Lease Guarantor) Series 1977 (the Series 1977 Bonds) pursuant to the Act is in the best interest of the City and the City hereby determines to issue and sell such Series 1977 Bonds. The proceeds of the Series 1R77 Bonds will be loaned (the Loan) by the City to Stephen M. Krogness (Krogness) in order to pay a portion of the cost of acquiring land, constructing and installing a building and other improvements thereof and acquiring and installing equipment, machinery and other items of personal property in such building and improvement (referred to herein as th~ Project) suitable for a restaurant facility to be located in the City, which Project will be owned by Krogness and leased to Restaurant Properties, Inc. (the Lessee) pursuant to a Lease dated July 30, 1977 (the Lease) guaranteed by Sambo's Restaurants, Inc. ~Zhe Lease Guarantor), pursuant to a Guaranty, dated July 30, 1977; -2- (H) Pursuant to a Mortgage Loan Agreement (the Loan Agreement), to be dated as of November 1, 1977, between the City and Krogness, a copy of which has been presented to the City Council at this meeting and which has been reviewed to the extent deemed necessary, Krogness unconditionally agrees to repay the Loan in specified amounts and at specified times sufficient to make the necessary payments of the principal of, premium, if any, and interest on the Series 1977 Bonds. In addition, the Loan Agreement contains provisions relating to the construction and completion of the Project, the payment by Krogness of administrative costs of the City and the Trustee, conditions of alteration, improvements and removals of items constituting Krogness' facilities, the maintenance and ~operations of such facilities and damage or destruction thereto, indemnification, insurance and other agreements and covenants which are required by the Act or which are permitted by the Act and which the City and Krogness deem necessary or desirable to the financing of the Project and the sale of the Series 1977 Bonds. Pursuant to the Loan Agreement and as further security for repayment of the Loan, Krogness will grant to the City (i) mortgage on real estate described in an exhibit to the Loan Agreement and all improvements now standing or here- after constructed or placed thereon and a security interest in certain personal property owned by Krogness, subject to certain permitted encumbrances and (ii) a security interest in and to the Lease and the Guaranty and in and to any subsequent leases; (I) Pursuant to an Indenture of Trust, to be~dated as of November 1, 1977 (the Indenture), a copy of which has been pzesented to the City Council at this meeting and which has been reviewed to the extent deemed nedessary, the City assigns and pledges all of its right, title and interest in the Loan Agreement (except only certain rights for administra- tion costs and for indemnification) to the First Trust Company of St. Paul, St. Paul, Minnesota, as Trustee. In addition, the Indenture, among other things, sets the interest rates, maturity dates and redemption provisions for the Series 1977 Bonds, pro- vides for the terms and conditions for the issuance of a~y Additional Bonds, establishes the various Funds for the deposit and transfer of moneys and contains other provisions which are required by the Act or which are permitted by the Act and which the City and Krogness deem necessary or desirable to the financing of the Project and the sale of the Series 1977 Bonds; (J) The Series 1977 Bonds and any Additional Bonds issued under the Indenture will be special limited obligations of the City payable solely from revenues derived from the Loan Agreement., other than to the extent payable from the proceeds of the Series 1977 Bonds, the proceeds of insurance or con- demnation awards or the disposition of the property secured by the Loan Agreement upon a default by Krogness under the Loan Agreement. The Series 1977 Bonds shall not be payable -3- from nor charged upon any funds other than the revenue pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder or holders of such Series 1977 Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay any such Series 1977 Bonds of the interest thereon, nor to enforce payment thereof against any property of the City except the Project. No such Series 1977 Bonds shall constitute a debt of %he City within the meaning of any constitutional or statutory provision; (K) Pursuant to an Official Statement, dated as of , 1977 (the Official Statement), a copy of which has been presented to tke City Council at this meeting and whick has been reviewed to the extent deemed necessary, certain information relating to the City, Krogness, the Series 1977 Bonds, the Lease Guarantor and the above-described documents will be given to the purchasers of the Series 1977 Bonds by Miller & Schroeder Municipals, Inc. (%h~ Underwriter); (L) Pursuant to a Bond Purchase Agreement, dated as of , 1977 (the Bond Purchase Agreement) among the City, Krogness and the Underwriter, a copy of which has been presented to the City Council at this meeting and which has been reviewed to the extent deemed necessary, the Underwriter will purchase the Series 1977 Bonds from the City at the dis- count price and on the terms and conditions therein specified which are deemed necessary or desirable by the parties thereto for the sale of the Series 1977 Bonds. Section 2. In order to provide for the financing of the acquisition, construction, installatiQn and equipping of the Project, the City hereby authorizes the issuance of its revenue bonds under the Act, to be designated "City of New Hope, Minnesota, Commercial Development Revenue Bonds (Stephen M. Krogness Project) (Restaurant Properties, Inc., Lessee) (Sambo's Restaurants, Inc., Lease Guarantor) Series 1977" in the aggre- gate principal amount of $650,000. The Series 1977 Bonds shall be dated as of November 1, 1977, and shall mature in the years, in the amounts, bear interest at the rates and contain the redemption and other provisions as are set forth in the Indenture. Section 3. Each Series 1977 Bond shall be executed on behalf of the City by the manual or facsimile signature of the Mayor of the City, and its corporate seal (which may be in facsimile) shall be thereunto affixed (or imprinted and engraved if in facsimile) and attested by the signature of the City Manager (which may be facsimile if the Series 1977 Bond is executed by the Mayor of the City). The coupons to be attached to the Bonds shall bear the facsimile signatures of the Mayor and the City Manager. If any of the officers who shall have signed or sealed any of the Series 1977 Bonds or whose facsimile signature shall be upon the coupons shall -4- cease to be such officers of the City before the Series 1977 Bonds so signed and sealed shall have been actually authenti- cated by the Trustee or delivered by the City, suck Series 1977 Bonds nevertheless may be authenticated, issued and delivered with the same force and effect as though the person or persons who signed or sealed such Series 1977 Bonds or whose facsimile signature shall be upon the coupons had not ceased to be such officer or officers of the City. Section 4. The Indenture and the Loan Agreement are hereby made a part of this Resolution as fully as though set forth in full herein and are hereby approved in the form sub- mitted to this meeting, and the Mayor is hereby authorized and directed to execute, acknowledge and deliver the Indenture and the Loan Agreement on behalf of the City with Such changes, insertions and omissions therein as do not change the substance of the Indenture or Loan Agreement and as may be approved by the Mayor, such approval to be evidenced conclusively by his execution of the Indenture and the Loan Agreement and the City Manager is hereby authorized and directed to affix to the Indenture and the Loan Agreement the corporate seal of the City and to attest thereto. Section 5. The City hereby consents to the use and distribution of said Official Statement by the Underwriter in connection with the sale of the Series 1977 Bonds to the pub- lic. The liability of the City with respect to such Official Statement will be set forth in documents used in connection with Closing. Section 6. The Bond Purchase A~reement is hereby made a part of this Resolution as fully as though set forth in full herein and is hereby approved in the form submitted to this meeting and the Mayor is hereby authorized and di- rected to execute said Bond Purchase Agreement on behalf of the City, with suck changes, insertions or omissions therein as do not change the substance of the Bond Purchase Agreement and as may be approved by the Mayor, such approval to be.. evidenced conclusively by his execution of the Bond Purchase Agreement. Section 7. The Mayor of the City and the City Manager and all members of the City Council are hereby author- ized and directed to execute and deliver all other documents which may be required under the terms of the Indenture, the Loan Agreement or the Bond Purchase Agreement,o and to take such other action as may be required or appropriate for the performance of the duties imposed thereby or to carry out the purposes thereof. In the absence of the Mayor, City Manager or other city officer any of the documents authorized by this resolution to be executed may be executed by such officer of the City who, in the opinion of the City Attorney, is authorized by law to execute such documents under such circumstances. --5-- Adopted by the City Council of the City of New Hope, Minnesota, this 28th day of November, 1977. ~y ~'1 er~k- Tre~sur er (SEnL) -6- CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF JORGENSON 1ST ADDITION BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. It is hereby found and determined by this Council that the plat of land described in the title of this resolution is ac- cepted under the subdivision regulations of the City and that a public hearing has been duly held thereon. 2. This Council, as the platting authority provided by Chapter 670, Laws of 1965, does hereby approve the said plat. 3. The Mayor and Clerk are hereby authorized to sign the final plat. ~j Attest:~~ Mayor ~---~L~k-Treasurer CERTIFICATION STATE OF MINNESOTA SS COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of New Hope, hereby attest and certify that: (1) as such officer, I have the legal custody of the original Resolution of which the foregoing is a true and correct copy: (2) that said Resolution was duly adopted at a meeting of the City Council of said City on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice there- of as required by law, on November 28, 1977 Witness my hand and the seal of said City this 1st day of December , 19 77. ~k-Treasurer ORDINANCE NO. 77- 24 AN ORDINANCE ADDING SECTION 2.610 TO THE CITY CODE ESTABLISHING CERTAIN REQUIREMENTS FOR A HOUSING AND REDEVELOPMENT AUTHORITY FOR THE CITY OF NEW HOPE, MINNESOTA. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Sections 2.610 through 2.615 of the City Code of New Hope, Minnesota are hereby enacted, to read as follows: 2.610 HOUSING AND REDEVELOPMENT AUTHORITY 2.611 Purpose. The purpose of this section is to provide rules and regulations for the operation of the New Hope Housing and Redevelopment Authority, 2.612 Short Title. The New Hope Housing and Redevelopment Authority may be referred to as the New Hope HRA, or the HRA. 2.613 .Composi+ion and Terms. The Commissioners of the HRA shall be appointed by the Mayor, whether original appointments or vacancies. 2.6131 Each member of the City Council shall be appointed as a Commissioner of the HRA for a period coinciding with the unexpired term of the Council person'. 2.6132 The term of office of any Commissioner shall terminate upon the Commissioner ceasing to be a member of the City Council for any reason. 2.614 .C. ompensation. Each Commissioner shall be entitled to receive necessary expenses, including traveling expenses, incurred in the performance of his duties and shall be paid $25 for each regular or special meeting attended, not to exceed $1,500 per annum. 2.-615 Statutory Provisions. The statutory provisions of Minnesota Statute § 462.415, et seq., as amended from time to time shall govern the actions and. operation of the Housing and Redevelopment Authority. 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 12th day of December , 1977. / , Edzw//J. Erickson, Mayor Attest: "' .... '-tT~ttYv/Pouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 22ndday of December , 1977.) -2- ORDINANCE NO. 77- 25 AN ORDINANCE AMENDING SECTION 5. 168 (WATER METERS) OF THE NEW HOPE CITY CODE BY PROVIDING FOR REPLACEMENT METERS AND REMOTE METER READING REGISTERS AND AMENDING SECTIONS 5.52 AND 5,169 OF THE CITY CODE BY REVISING SEWER AND WATER RATES. Cit~y of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 5.168, Meters (Water), is amended by amending Subd. (1), Water to be Metered, in its entirety to read as follows: Subd. (1) Water to be Metered.. No water shall be furnished to any consumer from the municipal water system unless the same is measured by a meter, except by special permission of the Council. A request for service from the municipal water system is deemed to include permission to authorized municipal personnel to enter upon the premises to be served at all reasonable times and places for the purpose of reading meters to determine water usage. Refusal to permit access to any premises for the purpose of reading a water meter, after reasonable demand, shall be deemed grounds for cancellation of the agreement of the City to provide water to the premises, and the water supply may be shut off on 20 days notice to the record owner and to the occupant. Such an order to shut off the water supply may be appealed to the City Council at its next regular or special meeting for review as to the 'reasonableness of the order. Meter reading as referred to herein includes the meter itself, or any remote meter reading register which has been installed. Section 2. Section 5.168, Subd. (2), Installation, Ownership and Control, is hereby amended by the addition at the end of the existing Subd. (2) of the following language: "Replacement meters shall be furnished by the City to users of the water system on the same cost basis as new meters. Upon request of the user, the cost of such replacement shall be divided in four parts, and be billed quarterly with the regular water bill, at no interest." Section 3. Section 5.168, Subd. (3), Meter Requirements, is hereby amended in its entirety by repealing the existing Subd. (3) and substituting the following: Subd. (3) Remote Meter Reading Registers. (a) It is the policy of the City to require remote water meter reading registers on all premises not regularIy and readily available and open in such a manner as to 'permit reading of the inside water meter by authorized City personnel. (b.) Remote meter reading registers shall be supplied by the City to City specifications on the same cost basis specified in Subd. (1) herein for meters. Upon request of the user, the cost of such equipment shall be divided in four parts, and shall be billed quarterly with the regular water bill. (c) Installation of remote meter reading registers shall be performed by authorized City personnal at no charge to the user, provided, however, that at the option of the user, the user may install the necessary wiring between the water meter and the remote register. In all cases, connection of the remote register and the water meter shall be performed by the City. (d) The location of the remote register on the exterior of a building shall be near an existing electric or gas meter in such a location as to minimize any potential unsightly aspects of the installation. If the user and the Public Works Department cannot agree on the location of a remote register, the question of the reasonableness of the City requirement shall be appealed to the City Manager and to the City Council, in that order. (e) All provisions of Section 5.168 of the City Code applicable to ownership, maintenance, reading and testing of water meters shall apply to remote water meter reading registers. Section 4. Section 5.52, Rates (Sewer), of the City Code is hereby amended as to Subd. (2), Meter Flow Charges, by substituting the rate of fifty cents ($.50) for forty-five cents ($.45). Section 5. Section 5.169, Water Rates, is hereby amended as to Subd. (1), ~in. gle Family, Multiple Dwelling and Schools, by substituting forty- five cents ($.45) for forty cents ($.40). -2- Section 6 .. Effective Date. This ordinance shall be effective the 1st day of January, 1978. Passed by the City Council of the City of New Hope the ] 2th day of December , 1977. ~'. J..Erickson, Mayor -B~ty ,P/Su-liot, Clerk-Treasurer (Published in the New Hope;Plymouth Post the 22nd day of December , 1977.) -3- A RESOLUTION REGARDING 1978 SALARIES AND BENEFITS WHEREAS, the 1978 City Operating Budget has been adopted, and WHEREAS, said budget anticipates the establishment of new salary levels for the employee positions authorized in the budget, and WHEREAS, there are adjustments needed in the present plan both to-adequately compensate specific positions and to assure that the regular employee can continue to meet expenses at a responsible level, 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 1978 for non-union employees: 1. City contribution toward group life, hospital and health inD surance shall be adjusted so that non-department head level employees with family coverage shall have a $60.00 per month contribution made. Department head employees shall have $62.95 per month contributed. In those cases where the employee receives only life insurance or employee only coverage for health and hospital, the City shall pay the actual cost of such lesser coverage. The increased contributions are to begin with payments actually made in January 1978.' 2. The City Manager shall receive $100 per month for car cost and expense reimbursement. 3. The following salary schedules shall be established as of January 1, 1978 for all clerical positions in the City service. Start 6 mos. ~2 mos. 24 mos. 36 mos. Special Assessment Clerk $4.78/hr $4.94/hr $5.19/hr. $5.44/hr. $5.71/hr. Clerk/Sec. and Acct. Clerk 3.98 4.10 4.30 4.52 4.74 Department Clerk 3.78 3.90 4.09 4.29 4.50 Clerk 3.20 3.30 3.46 3.63 3.81 4. Department heads, professional and technical personnel shall have their salaries adjusted as of January 1, 1978 to the rates listed: Administrative Assistant $15,500/annual Fire Marshal/Building Official 16,445~annual General Inspector 12,000~annual Golf Course~Ice Arena Manager 17,736~annual Mechanic $7.80/hour Reo. Supervisor 12,000~annual Ice Arena Maintenance 13,084~annual Public Works Superintendent 19,600~annual PW CETA Employees 6.06% Increase Recreation Assistant 12,000~annual C~tg Clerk $21,500~annual Finance Director 21,500~annual Park/Rec Director 23,125~annual Police Chief 23,707 1/1/78 24,000 7/1/78 Fire Chief 22,100~annual Public Works Director 21, O00/annual Police Inspector $100 per month above level of Police Agent 5. Part-time and temporary employees, other than members of the Fire Department, shall be paid based on budget appropriations pay for comparable full-time positions as far as required by the employee market within the regulations of the State and Federal pay laws. 6. The Building Official and Fire Marshall shall be paid $500 each with the first pay period of January as compensation for not being furnished with City cars in 1978 and future years. Inspectors shall be paid 25 cents per mile for mileage occurred with private cars in the course of City inspection work. Re- gular employees shall receive 15 cents for use of private cars on City business. 7. In addition to the above, the amount of $2,000 shall be appro- priated as a special salary reserve to be used by the City Manager ~r merit payments in 1978. The City Manager is hereby authorized to use these monies to adjust salaries on an individual basis for outstanding performance. The adjustments can be in the form of permanent adjustments to the base rate of the employee, an adjustment for a time certain, or one time bonus payments. 8. In the case of new assignments of responsibilities, through the combinati°n of positions, transfer or assumption of new duties or similar actions, adjustments of salaries are author- ized subject to the limitation of the actual budget appropria- tion and comparison with salaries for positions of similar res- ponsibility in the City service. 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. ATTEST: .~ '~~kk-Treasur~r A RESOLUTION IN REGARD TO CITY CENTER DEVELOPMENT WHEREAS, the City of New Hope has determined through a comprehensive planning effort that a commercial core should be developed in the City at 42nd~Winnetka Avenues, and WHEREAS, it has been determined that 42nd Avenue, between the east City limits and Winnetka Avenue should also be developed in a coordinated manner, and WHEREAS, the City has prepared a guide plan for the development of the commercial core and for 42nd Avenue which provides a design framework that promulgates specific development goals and objectives which anticipates and accommodates the needs of the private and public sectors of the community, and WHEREAS, it is in the best interest of the citizens of the community that this plan be carried out, NOW, THEREFORE, BE IT RESOLVED by the Planning Commission and the City Council of the City of New Hope that~ 1. The Goals and Objectives established in Section III, pages 9-21, of the report Commercial Core Design Guidelines, April 1977 by Midwest Planning and Re- search, Inc. are hereby adopted as the City's goals and objectives for development of the City's commer- cial core as defined in the same report. 2. The Goals and Objectives established in the section "General Goals and Implementation Techniques" of the Report 42nd Avenue/Winnetka Design Study, New Hope, Minnesota by Midwest Planning and Research, Inc. are hereby adopted as the City's goals and objectives for development and redevelopment of 42nd Avenue, from Winnetka Avenue east to the rail- road crossing. BE IT FURTHER RESOLVED THAT: 1. All present land owners in the affected areas are to be sent a copy of this resolution and all de- velopers inquiring about development in these areas shall be furnished a copy of this resolution to make them aware of the City's intent to carry out the established goals and objectives. 2. All interested parties are to be informed that the City will use these goals and objectives in re- viewing proposals for development in the affected 2. areas and that development proposals must react to the goals and objectives with a detailed explanation as to the justification and rationale for deviations from the guidelines if any deviation is proposed. BE IT FURTHER RESOLVED, that the City of New Hope does intend to make every effort to develop the affected areas as a coordinated, cohesive development, to assure that the general public interest in quality development will be protected. Modifications to the guide plan will be permitted only when such modifications are clearly in the best interest of the entire co--unity. Adopted by the Planning Co~ission on this day of 1977. Adopted by the City Council on this /~ day of ~~ 1977. ATTEST: ~~ ~~l er k-Tr~ a su~ RESOLUTION AGAIN TEMPORARILY EXTENDING RESTRICTIONS ON THE DEVELOPMENT AND CONSTRUCTION OF MULTIPLE RESIDENCE DEVELOPMENT IN THE CITY OF NEW HOPE PENDING APPROVAL OF THE COMPREHENSIVE PLAN, AND ENACTING ORDINANCE NO. 77-23 TO ACCOMPLISH THE SAME. WHEREAS, in the discharge of its responsibilities as the Planning Agency of the City of New Hope under the provisions of Minnesota Statutes § 462.351 to 462.364, the City Council, with the assistance and advice of the Planning Commission of the City in conjunction with its professional planning consultant, Midwest Planning & Research, Inc., and the City Manager, have been reviewing the existing Comprehensive Zoning Plan of the City in its entirety since the 19th day of August, 1975, and WHEREAS, this Council did pass Ordinances 77-6 and 77-17, both being Interim Ordinances Restricting the Issuance of Building Permits and the Acceptance of Applications for Multiple Residential Developments, with ac- companying Resolutions, and WHEREAS, the conditions and considerations set forth in said Reso- lutions are still currently true, and WHEREAS, the City Council is nearing completion of its review of the proposed Comprehensive Plan, with any proposed amendments thereto, but is in need of reasonable additional time to study the further development of MR dwellings; 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 77-23 as an extension of Interim Ordinance 77-6, codified as Section 3.15 (1). ORDINANCE NO. 77-23 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 amended · to read as follows: Subd. (1) MR Permits, Suspension. No building permit shall be issued before March 28, 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 shall be effective upon its passage and publication. Passed by the City Council of the City of New Hope the 12th day of December, 1977. /" Ed~a~d J. Erickson, Mayor '~-]~ ~tt~/~o~uliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 22nd day of December, 1977.) RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR STREET AND STORM SEWER IMPROVEMENT NO. 286. WHEREAS, it is necessary and advisable in the public interest that the City of New Hope establish, construct and maintain a public street and storm sewer improvement, to-wit: widening of Louisiana Avenue North, north of 27th Avenue North in the City of New Hope, including raising the grade of said street; and WHEREAS, in order to accomplish such purpose, it is necessary to acquire a 25 foot temporary easement, and a 10 foot temporary easement over the following-described properties, respectively, to-wit: The westerly 25 feet of the easterly 48 feet of Lot 1, Block 1, Kranz Addition. The westerly 10 feet of the easterly 43 feet of Lot 2, Block 1, Kranz Addition. WHEREAS, by reason of the failure of the City to obtain such temporary construction easements for the widening and raising the grade of said street, it is necessary that the City be entitled to enter upon such land, by right of eminent domain, in the manner prescribed by Minnesota Statutes applicable thereto. NOW, THEREFORE, BE IT RESOLVED that the recitals hereinbefore contained be incorporated herewith, and that the City of New Hope proceed to obtain the necessary easements over, under, and upon the above-described land, under its right of eminent domain, and that the City Attorneys be in- structed and directed to file the necessary Petition and other related papers therefor, and to prosecute such action to a successful conclusion, or until it is abandoned, dismissed, or terminated by the City or by the Court; that the City Attorneys, Mayor, and Clerk-Treasurer do all things necessary to be done in the commencement, prosecution and successful termination of such action. Adopted by the City Council this /~. day of /~ ec~,~, , 1977. ~'. J. Erickson, Mayor Attest: ~ ..... Betty~,Pouliot, Clerk-Treasurer (Seal) ~:~ RESOLUTION AUTHORIZING CONDEMNATION ~ PROCEEDINGS FOR STREET AND STORM SEWER IMPROVEMENT NO. 286. WHEREAS, it is necessary and advisable in the public interest that the City of New Hope establish, construct and maintain a public street and storm sewer improvement, to-wit: widening of Louisiana Avenue North, north of 27th Avenue North in the City of New Hope; and WHEREAS, in order to accomplish such purpose, it is necessary to acquire a 25 foot temporary easement, and a 10 foot temporary easement over the following-described properties, respectively, to-wit: The westerly 25 feet of the easterly 48 feet of Lot 1, Block 1, Kranz Addition; The westerly 10 feet of the easterly 43 feet of Lot 2, Block 1, Kranz Addition; and WHEREAS, by reason of the failure of the City to obtain such temporary construction easements for the widening and raising the grade of said street, it is necessary that the City be entitled to enter upon such land to remove certain trees and vegetation, to grade, cut and remove certain earth materials and fill with other materials to a new grade at the property line and in the construction easement area, pursuant to plans and specifications for said pro- ject as approved by the City Council, by right of eminent domain, in the manner prescribed by Minnesota Statutes applicable thereto. NOW, THEREFORE, BE IT RESOLVED that the recitals hereinbefore contained be incorporated herewith, and that the City of New Hope proceed to obtain the necessary easements over, under, and upon the above-described land, under its right of eminent domain, and that the City Attorneys be in- structed and directed to file the necessary Petition and other related papers therefor, and to prosecute such action to a successful conclusion, or until it is abandoned, dismissed, or terminated by the City or by the Court; that the City Attorneys, Mayor, and Clerk-Treasurer do all things necessary to be done in the commencement, prosecution and successful termination of such action. Adopted by the City Council this 12th day of December, 1977. Attest: ~Treasurer (Seal) A RESOLUTION ADOPTING SECTION 8 SERVICE AGREEMENT WHEREAS, the City staff now has the time to handle the administration of the Section 8 Housing Program, and WHEREAS, it is necessary to execute a new contract with the Metropolitan Council so that the City can be reimbursed for this work, NOW, THEREFORE, BE IT RESOLVED that the City Council, City of New Hope, Minnesota does hereby accept and approve the Contract. No. 7514 with the Metropoli- tan Council for Section 8 Housing Assistance Pay- ments Programs and authorizes and directs the Mayor and City Manager to execute same on behalf of the City. Adopted this 27th day of December, 1977. ~l~-Treasurer A RESOLUTION APPROVING 1978 FIRE DEPARTMENT SALARY ALLOTMENT WHEREAS, it is necessary to allot monies for the purpose of paying personnel expenses in the Fire Depart- ment, and WHEREAS, the amount deemed necessary for 1978 is $55,000, NOW, THEREFORE, BE IT RESOLVED that the City Council, City of New Hope, Minnesota does hereby appropriate $55,000 for 1978 personnel costs, other than the Fire Chief, for the Fire Department and authorizes and directs the City Manager to cover the cost by transfers as noted to be added to the original appropriation. To: Personnel Costs $11,187 From: 1977 Surplus 2,350 1978 Capital (Pagers) 1,875 1978 Working Capital 6,962 Adopted this 27th day of December, 1977. ~~-Treasure~ A RESOLUTION APPROVING AGREEMENT WITH METROPOLITAN CLINIC OF COUNSELING, INC. WHEREAS, the City Council is desirous of continuing to participate in the employee assistance program, and WHEREAS, it is necessary to enter into a new contract with the Metropolitan Clinic of Counseling, Inc. in order to continue to make this service avail- able, NOW, THEREFORE, BE IT RESOLVED, by the New Hope City Council that the January 1, 1978 to December 31, 1978 Statement of Agreement between the Metropo- litan Clinic of Counseling, Inc. and the City of New Hope is hereby accepted and the City Manager is authorized and directed to execute the same on behalf of the City. Adopted this 27th day of December, 1977. ~-~l~_TreasU-re-r A RESOLUTION AppRovING PAYMENT OF 1978 HECB DUES WHEREAS, the City of New Hope is a member of HECO, and WHEREAS, HECO needs funds to conduct certain administrative work and to provide studies, NOW, THEREFORE, BE IT RESOLVED by the C~Y Council, City of New Hope, that the City Manager is hereby authorized and directed to pay dues in the amount of $2,600, to be charged against 1977 Police Budget--Dues and Memberships. Adopted this 27th day of December, 1977. ATTEST~ RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE CITY OF NEW HOPE, MINNESOTA PRESENT PLAT 62338 PARCEL 4200 (-FOR ~IETRO FONE/'KINNEY SHOE" (PLANNING CASE NO. 77-105) BE IT 'RESOLVED by the City Council of the City of New Hope: 1. That Section 462,358, Subdivision 6, of the Laws of 1965, Ch'. 670, provides that Subdivision regulations may provide for a procedure ~or 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 au.thority (the City Council) may waive such compliance by adoption of a resolution to that effect, and that the conveyance may then be filed and reCorded. 3. That this Council hereby finds and determines that as to premises described in ~paragraph 4 hereinafter', compliance with the platting restrictions of the City of New Hope will create an unnecessary hardship on the owner or petitioner, and 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 Hennepin, State of Minnesota described as follows: A. That part of Tract A, Registered Land Survey No. 1282, Files of Registrar of Titles, County of Hennepin, lying North of a line drawn at right angles to the West line of Tract A from a point thereon 200 feet North from the Southwest corner'of said Tract A. Together with an ease- ment for ingress and egress over Tract. B, in said Registered Land Survey Number 1282. B. Balance of Tract A. /')~ ~ ~.--~ , 19.7 Dated this ~,? dayof r~,~~ _/ 7 . ~ ~ Mayor Attest: