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1976 RES & ORD RESOLUTION REAPPROPRIATING AND ADJUSTI'NG THE 1975 OPERATING BUDGET WHEREAS, the City of New Hope's operating needs resulted in some expenditures in excess of, or less than, the amounts origin- ally appropriated for 1975 General Fund activities, and WHEREAS, salaries adjustments were not re-appropriated during the year, 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 appropriations 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- Expenditures priations to Date for Year Bal.ance Mayor and Council $ 14,500.00 $ 14,792.69 $ (292.69) City Manager 34,434.00 38,096.61 (3,662.61) Courts 21,300.00 23,162.87 (I,862.87) Elections 2,945.00 1,095.72 1,849.28 Municipal Clerk 58,807.0Q 54,062.71 4,744.29 Assessing 21,980.00 19,607.47 2,372.53 Accounting 36,699.00 38,740.60 (2,041.60) Civil Service 5,440.00 3,034.32 2,405.68 Youth Commission 855.00 473.89 381.11 Planni. ng Commission 1,735.00 1,609.57 125.43 Municipal Building 37,710.00 32,787.25 4,922.75 Police 506,380.00 530,287.50 (23,907.50) Fire 139,904.00 125,969.18 13,934.82 Protective Inspections 68,772.00 58,804.27 9,967.73 Civil Defense 720.00 5.85 714.15 Animal Control 14,995.00 11,495.38 3,499.62 Snow and Ice 18,800.00 36,537.97 (17,737.97) Streets 150,813.00 129,040.79 21,772.21 Traffic Signs and Signals 5,550.00 4,776.87 773.13 Storm Sewer 26,861.00 29,528.79 (2,667.79) Weed Eradication 1,851.00 1,210.18 640.82 Recreation 141,642.00 135,825.52 5,816.48 Parks 190,292.00 188,823.22 1,468.78 Other Functions 163,407.00 98,855.19 64,551.81 $1,666,392.00 $1,578,624.41 $87,767.59 Adopted this 12th day of January 1976.~-3~~~~C~f~ ~-~/Edwar~ O.~c~cks~n, Mayor ATTEST: . ~~u~i~t, Clerk-Treasurer RESOLUTION REAPPROPRIATING AND ADJUSTING THE 1976 OPERATING BUDGET FOR ADJUSTMENTS IN PERSONAL SERVICES WHEREAS the 1976 Budget was adopted with Personal Services for full-time employees based on t975 salaries, and WHEREAS a salary reserve was established to provide for 1976 salary and wage increases, and WHEREAS most 1976 salaries and wages are now established NOW THEREFORE, BE IT RESOLVED by the Council of the City of New Hope that the 1976 Budget be adjusted as follows: 1. Increase in budgeted expenditures for personal services. a. City Manager Department $ 2,000 b. City Clerk Department 2,528 c. Accounting Department 2, t70 d. Municipal Building Department 682 e. Police Department 23,805 f. Fire Department 3,425 g. Street Department 5,958 h. Snow and Ice Removal Department 600 i. Storm Sewer Department 200 j. Park Department 8~157 Total $49,525 2. Decrease in budgeted expenditures for personal services. a. Protective Inspection Department $ 653 b. Recreation Department 5,522 Total $ 6,175 3. Decrease in budgeted expenditures for other contractual services. a. General Fund - Other Functions $43~350 Adopted this 12th day of January 1976. ~ Edward.~ickson, Mayor B~liot, Clerk-Treasurer I "ORDINANCE NO. 76-1 AN ORDINANCE AMENDING SECTIONS 8.11 AND 8.12, SUBD.(2) OF THE CITY CODE RELATING TO FOOD HANDLING: LICENSE REQUIRED AND LICENSE FEES FOR DELIVERY VEHICLES City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section I. Section 8.11, License Required, is amended to read as follows: 8. I I License Requi red. No person shall operate, or cause to be operated, a plant or establishment within the City limits of New Hope involving the manufacture, processing or distribution of food as defined in Minn. Stats. '28A.03 (d) (I-3), without first obtaining a license therefor as provided for in Sections 8.00 through 8.08. No person shall operate or cause to be operated, directly or indirectly, any equipment, principally lo- cated within the City of New Hope, and used for the delivery or distribution of food without first obtaining a license therefor. Section 2. Section 8.12, License Fees, Subd.(2), Food Vehicles., is amended to read as follows: Subd. (2) Food Vehicles. $15.00 for each vehicle or other piece of equipment, principally located in the City of New Hope, and used for the delivery or distribution of food. Section 3. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope this /2 Mayor ATTEST: ~~ Be~rt~l iot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ~? day of ~]~r.~ i 976. ) RESOLUTION DESIGNATING OFF ICIAL 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 1976. Adopted by the Council this 2th day of January, 1976. ~, ~ Mayor ~ ATTEST:~~ Edward~/~icKs°n Be~uliot City Clerk~reasurer 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 12, 1976 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 12th day of January, 1976. 1~ .et~ u~ lot C~ty Clerk-Treasurer seal CORPORATE AUTHORIZATION RESOLUTION DESIGNATING NEW HOPE STATE BANK AS DEPOSITORY FOR PAYROLL ACCOUNT AND GENERAL FUNDS OF THE CITY OF NEW HOPE BE IT RESOLVED, that the New Hope State Bank is hereby designated as the depository for the City Payroll and General Fund Accounts, effective January 1, 1976. BE IT RESOLVED, that any of the below listed officers of this munici- pal corporation are authorized in the name and on behalf of the City of New Hope to open or cause to be opened or to continue or cause to be continued an account or accounts with said bank and to execute and deliver to said bank signature card or cards supplied by said bank containing said bank's usual customer agreement applicable to such account or accounts and the signatures of the officers or other persons hereinafter named, and that any officer of this municipal corporation or any other persons hereinafter named is hereby authorized, for and on behalf of this corporation or otherwise, to endorse or cause to be endorsed, to negotiate or cause to be negotiated, or to deposit or cause to be deposited in such account or accounts any money, checks, drafts orders, notes or other instruments payable to or held by this corporation; and BE IT RESOLVED, that checks, drafts or other withdrawal orders on funds deposited in such account or accounts may be signed by any three of the roi lowing: Edward J. Erickson, Mayor or L. ~!. H0kr 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 paya- ble to the ~.ndividual order of any of the foregoing officers or persons or deposited or otherwise applied to his individual account or benefit, and that signature~of the aforementioned officers or persons shall be as roi lows: , City Manager; ~ ~ , Finance Director _, City Treasurer · Deputy Treasurer BE IT FURTHER RESOLVED, that~ said bank shall be entitled to rely upon a certified copy of this resolution until written notice of modification or re- scission has been furnished and received by said bank. Adopted by the City Council this 12th day of~~1976. Be~t~OJ~l~i~ot, Clerk-Treasurer ~. Edward ~ Erickson, Mayor I RESOLUTION DESIGNATING ADDITIONAL DEPOSITORIES FOR FUNDS OF THE CITY OF NEW HOPE PERTAINING TO INVESTMENTS BE IT RESOLVED, that the following named financial institutions are hereby designated as official depositories for purposes of investing City funds as authorized by State ~tatutes: First Robbinsdale State B~nk Minnesota Federal Savings and Loan Association First National Bank of Minneapolis The First National Bank of St. Paul 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 12th day of January, 1976. Edw~r~J~ Ericks~n, Mayor ATTEST: Be~t~iot, City Clerk-~reasurer RESOLUTION AUTHORIZING RENTAL OF SAFE DEPOSIT BOX FROM NEW HOPE STATE BANK AND DESIGNATING OI~FICERS HAVING ACCESS TO SAID SAFE DEPOSIT BOX BE IT RESOLVED that the City Council of the City of New Hope does hereby authorize the rental of a safe deposit box from New Hope State Bank for safe- keeping of certain City documents and records, and the appropriate City officials are hereby authorized to enter into an agreement with said bank for such rental. BE IT FURTHER RESOLVED that: 1) New Hope State Bank is hereby notified that Betty Pouliot, City Clerk-Treasurer of the City of New Hope shall be the designated officer together with Rarlyn G. Larson, City Manager or Edward J. Erickson, Mayor having access to the safe deposit box. 2) The specimen signatures of said designated officers are as follows: Name Title Specimen Signature Betty Pouliot City Clerk-Treasurer~ ~~, Harlyn G. Larson City 31anager Edward J. Erickson ~ayor 5) The City Clerk-Treasurer is hereby directed to forward a copy of this resolution to New Hope State Bank which copy shall serve as the official authority for access to the safe deposit box. 4) The authority herein given is to remain irrevocable as far as the New Hope .State Bank is concerned until the Bank is notified in writing, pursuant to Council directive, of any revocation of such authority and the bank shall in writing acknowledge receipt thereof. S) The City Clerk-Treasurer and the Mayor or City ~nager are further authorized to cancel .the existing agreement for rental of the safe deposit box at Crystal State Bank and to transfer the contents thereof to the box to be rented from New Hope State Bank. Passed by the City Council of the City of New Hope this 12th day of January, 1976. Bet~i0{, City Clerk-Treasurer RESOLUTION APPOINTING CITY ENGINEER FOR WATER AND SEWER PROJECTS BE IT RESOLVED, that the firm of Orr-Schelen- Mayeron is hereby designated to serve as the City En- gineers for water and sanitary sewer projects for the City of New Hope, Minnesota, for the year 1976, and That said firm shall be reimbursed for services rendered in accord with the fee schedule adopted in agreement for engineering services on January I0, 1968. Adopted by the Council this 12th day of January, 1976. ~J Edward J~i~ckson e_j~ Mayor ATTEST: fty~ l~i $~- City 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 12, 1976, as the same is recorded in the minutes of the meeting of such Council for said date, ~o~n file and of record in my office. Dated this 12th day of January, 1976. ity Clerk-Treasurer RESOLUTI. ON APPOINTING CITY ENGINEER FOR STREET, STORM SEWER AND GENERAL WORK BE liT RESOLVED, that the firm of Bonestroo, Rosene, Anderlik & 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 1976, and BE IT FURTHER RESOLVED that payment for services shall be as set forth in the contract dated January I, 1975 and Exhibit B and Schedule A attached thereto. Adopted by the Council on this 12th day of January, 1976. Edward~_~/Er i ckson Mayor ATTEST: ~~ I~e~'u ~i of Clerk-Treasurer I 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: Councilman Enck is hereby designated as Director of the Suburban Sanitary Disposal Authority and Councilman Hokr is hereby designated to serve as Alternate Director of the Suburban Sanitary Disposal Authority for the year 1975 and until their successors are appointed. Adopted by the Counci this 12th day of January, 1976. ~Edward J~kson ~Mayor -- ATTEST: ~~ Be~mt~y~Suliot City Clerk-Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF NEW HOPE ) I~ the undersigned, being the duly qualified and acting Clerk-Treasurer of the City of New Hope hereby certify that the attached and foregoing is a true and correct copy of a resolu- tion duly adopted by the Council of the City of New Hope at its meeting on January 12th, 1976, as the same is recorded in the minutes of the meeting of such Council for said date, on file and on record in my office. Dated this 12th day of January, 1976. e~m~Su I iot City Clerk-Treasurer 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 Bassett's Creek Flood Control Commisson, 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, and WHEREAS, by resolution of January 14, 1974 Mr. Richard Plufka was appointed as New Hope's Commissioner to the Bassett Creek Flood Control Commission for a three year term commencing February I, 1974 and Councilman W. Peter Enck was apointed to serve as an Alternate for the same period, and WHEREAS, Mr. Richard Plufka has tendered his resignation as such Commissioner effective February I, 1976 NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of New Hope does hereby appoint Mr. W. Peter Enck to serve as it's Com- missioner, and Mr. Donald Murphy as it's Alternate Commissioner, on the Bassett's Creek Flood Control Commission with terms expiring on February I, 1977. The City Clerk-Treasurer is hereby directed to file with the Secretary of the Board of Commissioners of the Bassett's Creek Flood Control Commission a certified copy of this resolution to serve as a record of the appointment of the New Hope Commissioner and Alternate. Adopted by the New Hope City Council on this 12th day of January ~[iOt, Clerk-Treasurer I 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 Meyer is hereby designated as the Council repre~ sentative on the City of New Hope Civil Defense Board for the year 1976. Adopted by the Council this 12th day of January, 1976. ,~z~Mda~ao~d ~T~kson ATTEST: ~~~ ,,, Be~"~ ~' I lot City Clerk-Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF NEW HOPE ) I, the undersigned, being the duly qualified and acting Clerk-Treasurer of the City of New Hope hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the Council of the City of New Hope at it's meeting on January 12th, 1976, 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 12th day of January, 1976. ~o~l-iot City Clerk-Treasurer RESOLUT ION APPO I NT I NG C I TY 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 1976, 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 schedule of the Hennepin County Bar Association. Adopted by the Council this 12th day of January, 1976. ATTEST: B~t~/~u l iot City ~lerk-Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF NEW HOPE ) 1, 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 12, 1976, 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 12th day of January, 1976. B~r~/2f~ou I lot C i ty 'C I er k-Treasu rer sea'l RESOLUTION DESIGNATING CITY POUND, POUNDKEEPER AND ANIMAL WARDEN WHEREAS Section 7.11 of the City Code provides that the City Council shall be 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 Commu- nity Service Officers are hereby named as the Animal Warden or Animal Warden Service pursuant to Section 7.13 of the City Code. Adopted by the City Council this 12th day of January, 1976. // Edward J~_/~i~kson--c~/'J I ATTEST: ~~ Mayor B~~ul iot City Clerk-Treasurer RESOLUTION DESIGNATING OFFICIAL COUNCIL REPRESENTATIVE ON THE GOLDEN VALLEY - CRYSTAL - NEW HOPE JOINT WATER COMMISSION BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: Mr. Melvin Ohman is hereby reappointed as the City of New Hope representative on the Joint Water Commission for the years 1976, 1977, and 1978. ~dwar~-'J/4/. Er i ckson, Mayor 1~~o~ ~i~t, Clerk-Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF NEW HOPE ) I, the undersigned, being the duly qualified and act- ing Clerk-Treasurer of the City of New Hope hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the Council of the City of New Hope at it's meeting on January 12, 1976, as the same is recorded in the minutes of such Council for said date on file and of record in my office. Dated this 12th day of January,1976. C I ~easurer RESOLUTION AUTHORIZING WAIVER OF PLATTING R~EGULATION .WITHIN THE CITY OF NEW HOPE, MINNESOTA PRESENT PLAT 62458 PARCEL 7950 {FOR West Suburban Build.ers~ Inc.' ) 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 ~rith 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, ~ta~e~f~Minnesota described as follows: Parcel A: The West 75 feet of Lot 8, Block 3, Twin Terra Linda Parcel B: The East 63 feet of Lot 8, Block 3, Twin Terra Linda Dated this 26th day of January , 197 6 . Attest: - x~ ~ ~ M~or ~Cl-ek)(-Treasurer ~rILLAGE OF NEW HOPE BO,ONE TER~CE BE IT RESOLVED by the Council of the Village of New Hope, Minnesota as follows: 1o It is hereby found and determined by this Council that the plat of land described in the title of this resolution is accepted under the subdivision regulations of the Village 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. plat. 3. The Mayor and Clerk are her~a_~h~ri~sign the final ~/,,/- Mayor Attest: ~' Clerk-Treasurer CERTIFICATION STATE OF MINNESOTA SS C~NTY OF HENNEPIN I, the undersigned, being the duly qualified and acting 01erk- Treasurer of the Village 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 Village Council of said Village on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice thereof as required by law, on ,l~n,,ary ?6:. 1976 ..... · Witness my hand and the seal of said Village this day of ~g- ~ ~ , 19.~.~ . ~-~ ~/Villag~ Clerk-Treasurer RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF BOONE TERRACE 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) Approval of staff as to technical requirements of Platting Ordinance and conformance to preliminary plat as approved. Adopted by the Council this J2J day of ~~-? , lgTJ o ~ ~.~Z~ ~~ ~-~ /_~l Mayor Attest: ~v/Clerk-Treasurer RESOLUTION APPROVING PROPOSED PLAN OF THE BASSETT CREEK FLOOD CONTROL COMMISSION FOR FLOOD CONTROL. WHEREAS, the City of New Hope is a member of the Bassett Creek Flood Control Commission and has participated in the development of the Commission's Flood Control Plan, and WHEREAS, at public hearings held on April 29, 1975 and October 15, 1975, comments of members of the Commission and the public were presented regarding the proposed plan, and WHEREAS, this Council has continuing concern about the ultimate financing of the projects embodied in the plan and its impact on the City, but recognizes that these matters are most appropriately dealt with within the framework of the Bassett Creek Flood Control Commission; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota: I. It is hereby found and determined that the proposed plan for flood control developed by the Bassett Creek Flood Control Commission and the United States Army Corps of Engineers represents a sound and feasible approach to the flooding problems in the Bassett Creek Watershed. 2. It is further found and determined that this Council has concerns regarding final allocation of local costs but that determination of the appropriate course of action on these matters need not be made at this time, providing the Council has the right to request future consideration of final financing plans. 3. The Council hereby approves the proposed flood control plan, recommending its approval by the Corps of Engineers for funding. Approved this 26th day of January, 1976. / EdwardyErickson, Mayor ATTEST: ~e~~liot, Clerk-Treasurer RESOLUTION ADJUSTING 1976 BUDGET FOR CARRY OVER ITEMS FROM 1975 AND UNDER BUDGETED 1976 ITEMS WHEREAS, certain expenditures obligated in 1975 will not be paid until 1976, and WHEREAS, certain budgeted items for 1976 were based on esti- mated costs, and WHEREAS, the 1975 General Fund surplus consists of sufficient monies to cover these costs, NOW, THEREFORE, BE IT RESOLVED, by the New Hope City Council that the 1976 budget be increased as follows: Revenue - 1975 Surplus $3,191 Expenditures: Civil Defense Training 165.00 Park Department - lawn mowers 440.00 Fire Department - Air Compressor 500.00 Radio Maintenance 836.00 Elections - Voting Devices 1,250.00 Total $3.,191.00 Adopted this 26th day of January, 1976. ~--~~ Edw E J E c so ATTEST: ~lerk-Treasurer Mayor .... RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE CITY OF NEW HOPE, MINNESOTA PRESENT PLAT 62206 PARCELS 4215 AND 5275 (FORBenson-Orth Asso~iates~ Inc. (Planning Case 76-4) ' 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 ~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 t,,~ Subdivision r~nl~+~o~s in does not interfere with the purpose of ~ 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: !. Tract A (see legal attached) 2. Tract B (see legal attached) 3. Tract C (see legal attached) 5. The above waiver is granted subject to the giving of a san'itary sewer easement extendina from Boone Avenue North to International Parkway at approximately the southerly line of newly described Tract A. Dated~this gth day of . February , 197.6 · ~ ~ Mayor Attest~ ~x~ - ~C~. e~-~Freasu re r 1. TRACT A That part of the Southwest 1/4 of Section 6, Township 118, Range 21, described as follows: Commencing at the Northeast corner of said Southwest 1/4; thence South alone the East line of said Southwest 1/4, a distance of 570,52 feet; thenc~ Westerly deflecting to the right 90 degrees 27 minutes 25 seconds a distance of 330.00 feet to the actual point of beginning of the tract of land to be described; thence continuing Westerly along an extension of last described course 449.20 feet; thence Northerly deflecting to the right 88 deqrees 58 minutes 10 seconds a distance of 420.46. feet to an inter~ection with a line parallel with and 50 feet Southerly of a line hereinafter described as line "A"; thence Easterly along said parallel line to an intersection with a line drawn North from the actual point of begin- ning and parallel with the East line of said Southwest 1/4; thence South along ~ast said parallel line 357.18 feet to the actual point of beginning. Aforesaid line "A" being described as follows: Commencing at the Northwest corner of said Southwest 1/4; thence Southerly along the West line of said Southwest 1/4 a distance of 183.0 feet; thence Easterly, deflecting 81 degres 30 minutes to the left, a distance of 414.74 feet; thence deflecting to the left along a tanqential curve havina a radius of 1909.86 feet (delta anqle of 21 degrees 32 minutes 06 seconds) for a distance of 717.83 feet; thence Easterly on a tangent to said curve a distance of 384.75 feet to the point of beginninq of the line to be described; thence deflec- ting to the right along a tanqential curve having a radius of 1432.40 feet (delta anqle of 27 deqrees 58 minutes 54 seconds) for a distance of 699.54 feeti thence Easterly, tanqent to last described curve, a distance of 100 feet and there terminating. Being parts of Parcels 4215 and 5275, Plat 62206. 2. TRACT B. Residue portion of Parcel 4215, Plat 62206, not included in above- mentioned Tract A. 3. TRACT C. Residue portion of Parcel 5275, Plat 62206, not included i'n above- mentioned Tract A. E( AN, FIELD & NOWAK, INC, .- v=.o.s .... .... ,, , ~ ~ ;/ ~t ~ 74;; W,~;~T~ ~C'UL~V~D ~ ~ .~;~,~:h'~EAPCL'~ A'dNNESOTA 55426 F~SiDE~ February 2~, 1976 PROPOSED DESCRIPTION FOR RESIDUE TAX P~CELS FOR T~ ~N~TSON COMPANIES WESTERLY P~CEL: ~s~- ~ P~/ ~'~ That part of the Southwest 1/4 of Section 6, To. ship 118, Range 21, described as follows: Co~encing at the Northeast corner of said Southwest 1/4; thence South along the East line of said Southwest 1/4 a distance of 570.52 feet; thence ~Westerly deflecting to the right 90 degrees 27 minutes 25 seconds a distance of 701.25 feet to the actual point of beginning of the tract of land to be described; thence continuing Westerly along an extension of last described course 77.95 feet; thence Northerly deflecting to the right 88 degrees 58 minutes 10 seconds a distance of 223.05 feet; thence at a right angle Westerly to the Easterly line of a se~ice road; thence Southerly and Westerly along the Easterly and Southerly lines of said service road to the Easterly line of International Par~ay; thence Southerly along the Easterly line of International Par~ay to the South line of the North 1/2 of said Southwest 1/4; thence East along said South line to a point therein distant 701.~5 feet West of the East line of said Southwest 1/4; thence North parallel with the East line of said Southwest 1/4 15.86 acres) ...... ~STERLY PARCEL: <F~,~. ~f ~/ That psrt of the Southwest 1/4 of Section 6, To. ship 118, Range 21, described as follows: Co~encing at the Northeast corner of said Southwest 1/4; thence South along the East line of said Southwest 1/4 a distance of 570.52 feet; thence Westerly deflecting to the right 90 degrees 27 minutes 25 seconds a distance of 330 feet to the actual point of beginning of the tract of land to be described; thence continuing Westerly along an extension of last described course a distance of 371.25 feet; thence South parallel with the East line of said Southwest 1/4 to the South line of the North 1/2 of said Southwest 1/4; thence East along said South line to a point therein distant 637.46 feet West of the Southeast corner of the North 1/2 of said Southwest 1/4; thence North parallel with the East line of said Southwest 1/4 a distance of 167.97 feet; thence East parallel with the South line of the North 1/2 of said Southwest 1/4, a ~listance of 637.46 feet to the East line of said Southwest 1/4; thence North along said East line to a point therein distant 255 feet South, measured along said East line, from the center line of Bass Lake Road; thence West parallel with the South line of said Southwest 1/4 a distance of 330 feet; thence South parallel with the East line of said Southwest 1/4 to the actual point of beginning. Except Road. (Area = 9.96 acres). RESOLUTION AUTHORIZING WAIVER OF PLA~TTtNG REGULATION WITHIN THE CITY OF NEW HOPE, MINNESOTA PBESENT 'PLAT 62207 PARCEL 2960 (FOR HOMEWARD BOUND-PLANNING CASE N0.76-6) BE IT RESOLVED by the City Council of the City of New,ope: 1. That Section 462.358, Subdivision 6, of the Laws of 1965, Ch. 670, provides that Subdivision regulationsmay provide for a procedure 'for varying the regut~ations~as~they~apply to-specificproperties 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: (a) (Homeward Bound) The South 332.43 feet of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 7, Township 118, Range 21, except the East 360 feet of the South 180 feet thereof. (b) (Highview School) The East 360 feet of the South 180 feet of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 7, Township 118, Range 21. Dated this 9th day of February , 197 6 . ~-~Jk-Treasurer A RESOLUTION IN REGARD I NB ~ POTENTIt I.AL STRIKE BY I.U.O.E. LOCAL NO. 49 WHEREAS, The City of New Hope, in multi-employer negotiations with I.U.O.E., Local 49, has reached an impasse, said impasse having been certi- fied by the Bureau of Mediation Services, and WHEREAS, the membership of I.U.O.E., Local No. 49 has voted to strike as of 12:01 a.m. on Wednesday the Ilth of February, 1976 if settle- ment has not been reached, NOW, THEREFORE, BE IT RESOLVED by the City Council, City of New Hope that: I) The City Manager is designated as the coordinator for the strike contingency plan and he shall be responsible for all information released in regard to the City's position. 2) The City shall continue in negotiations on a multi-employer basis until the issues are settled on a basis agreeable to the majority of the employers 3) In the event of a strike City services shall be continued by the use of non-union personnel. Services to be maintained include operation of the sanitary sewerage lift stations and repair of blockages or breaks in water and sewer lines as priority items. Snow and ice control shall be handled by plowing when accumulations are more than 3 inches or when ice conditions require sanding. Sidewalks-shall be cleared only on a non-emergency basis. Ice skating and hockey rinks shall be closed. Parking lots at City Hall, the liquor store and the ice arena shall be cleared to the extent needed to conduct business on a non-emergency basis. Every effort shall be made to keep storm water catch basins open. Traffic signs shall be maintained to the degree neces- sary for public safety. 4) The City Manager shall be authorized to use private contrac- tors to assist with sewer and water and street repair pro- blems and he shall be authorized to pay salaried City em- ployees overtime when necessary to accomplish work as may be necessary to handle repair work or snow and ice control. Adopted this 9th day of February, 1976. erk-Treasurer 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 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 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 the City Council, City of New Hope does hereby adopt the proposed Community Development Plan and Program and Housing Assistance Plan contained in the attached application for Federal assistance and autho- rizes submission of said application to Hennepin County as the Urban County Community Development Block Grant applicant. Adopted this 23rd day of February, 1976. ATTEST: ~~~:~~ -- 'C~Clerk-Treasurer U,S. ~)EPAf~TMENT OF HOUSING AND ~l.~ STATE CLEARINGHOUSE IDENFIFIER URBAN DEVELOPMENT I N.A. APPLICATION FOb FEDEbAL ASSISTANCE rz. APPLICANT'S APPLICATION 3. FEDERAL GRANTOR AGENCY 4. APPLICANT NAME Department of tlousmg and Urban Development .City of New Hope ~.e. oa n~o,o~nc ovv~ce s~ ~oo~ess - ~.o. ~ox St. Poul Areo Office ~01 Xylon Avenue No. ' STREEt ADDRESS - P.O. BOX CITY COUNTY , Griggs-Midway Building New Hope Hennepin.. CiTY STATE ZiP CODE STATE ZIP CODE St. PauJ Minnesota 55] 04 Minnesota 5~28 5. DESCRIPTIVE NAMk OF THE PROJECT Community Development Block G~ant Program 6. FEDE~A'~--CATALOG ~iO. 7. FEDERAL FUFIDING RSQUESTED N .'A. $108,190 . 8. GRANTEE TYPE ~ STATE, ~ COUNTY, ~ CITY, ~ OTHER (Sp~clfy) ~). TYPE OF APPLICATION REQUEST g NEW GRANT, ~ CONTI~IUATION, ~ SUPPLEMENT, ~ OTHER CIIANGES ]0.. TYPE OF ~ GRANT, ~ LOAN, ~ OTHER {~peclfy) . J~. POPULATION DIRECTLY BENEFITING FROM TilE PROJECT ~3. LENGTH OF .. T~ree Upon HUD Approval b. 15. DATE OF APPLIC~ON 14 ~rll 1976 16. THE APPLICANT CERTIFIES ~l TO THE BEST OF HIS KNOWLEDGE AND BELIEF THE DATA IN THIS A~LICATION ARE TRUE AND CORRECT, AND THAT HE WILL COMPLY WITH THE ATTACHED ASSURANCES IF HE RECEIVES THE TYPED NAME Atom Numar Ext. SIGNATURE OF AU~HORIZE~ REPRESENTATIVE Code 612 ~3L1521 - EDITION OF 10-74 IS OBSOLETE ~ff0:lg/6-650-506/S19 HU~7016 (I1-76) A. ~] ORIGINAL U.So DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY' DEVELOPMENT [IUDGET [] AMENDMENT ~. NAME OF APPLICAN'T ' m m O. PROGRAM YE*~R City o~ New Hope Friar:August 1976 ,o:Juty 1977 LINE -. E. PROGRAM ACTIVITY AMOUNT FOR HUD NO. USE ONLY 1'2 '" ACQUIS,TI~'OF REAL PROPERT¢ ..... 2. PUBLIC WOBKS. FACILITIES. SITE IMPROVEMENTS 6. SPECIAL PROJECTS FOR ELDERLY AND HANDICAPPED $_ ___12,500 7. PAYMENTS FOR LOSS OF RENTAL INCOME 8. DISPOSITION OF REAL PROPERTY 9. PSOVISION lO. PAYMENT OF NON.FEOERAL SHARES 11. COMPLETION OF URBAN RENEWAL/NOP PROJECTS 12. RELOCATION PAYMENTS AND ASSISTANCE 15. CONTINUATION OF MODEL CITIES ACTIVITIES 16. SUBTOTAL [~um of Line~ I th~u CONTINGENCIES AND/OR UNSPECIFIEO LOCAL OPTION ACTIVITIES ~ [No~ ~o exceed ~0~ of line LINE F. R~SOURCES FOR PROGRAM ACTIVITY ENTITLEMENT/DISCReTIONArY AMOUNTFO~P~OORAM ACTIVITIES 5. SURPLUS FROM URBAN RENEWAL/NDP SETTLEMENT 6. LOAN PROCEEDS ~. REPBOGRAMMEQU~OBLIGATED FUNDS FROM PRIOR PROGRAM YEAR 8. TOTAL RESOURCES FOR PROGBAM ACTIVITY COSTS [~um ofLinaI3.~}~----~]0~/]~0 I ~ Chec~ box If coxtg Include tn¢~'rect cost$ which require appro v~ ora c~t alloca~on plan a~ requ~ by Fedc~t 3Ia~em~ t Cl~utor 74~. EDITION OF 10-74 IS OBSOLETE HUD-7016.5 ~ GPO: t9i5-6~-S05/ AMENDMENT DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ENTITLEMENT APPLICANTS ONLY 4, PROGRAM YEAR: COMMUNITY DEVELOPMENT PROGRAM City of New Hope August FROM: 1976 _,,TO:July t977 ' CENSUS ESTIMATED COST RELATED RELATED TRACT/ ENVIRONMENTAL BUDGET 8LOCK GRANT FUNDS OTHER FUNDS ACTIVITY DESCRIPTION SHORT- ENUMER- REVIEW LINE ' ' TERM ATION STATUS PROGRAM SU B:3EQUENT TOTAl. AMOUNT SOURCE OBJECTIVE DISTRICT ~TEM YEAR YEAR with City assistance has been identified as a means of correcting this problem. 3. Introduction of plant materials to 215.03 2 $8,800 screen the two City water towers 215.04 and. !he City gaj'age fi'Om sur~"o'u'ndin.g 215.05 uses - Each of the above mentioned , pu-"~'lic works facillties:are located within or abvtting residential neigh- borhoods. As' each site incorporates associated outdoor storage, the 'City has identified the need for visual screening to insure that the appear- ance of public sites will not adversely impact the aesthetic quality of sur- rounding neighborhoods and thus be objectionable to City residents. , z~. Installation of a traffic signal at the 215.03 2 $33,000 intersection of 47th and Winnetka.- Winnetka Avenue is a major City thoroughfare, and as such represents a safety hazard for pedestrians and · b]cyclists at uncontrolled inter- sect[om. This situation is particularly crit}cal in the area of 47th and HUD-7015.i {11-75 DEPARTMEF;T OF HOUSING AND URBAN DEVELOPMENT ,. ENT{TLEMENT'~'PPLi~A~;TS ~)NLY A'MENOMENTI COMMUNITY DEVELOPMENT PROGRAM ' City of New Hope ,4. PROGRAM YEA~{: August FROM: 1976 , TO:L.July 1977 CF-NSUS EST[MATED COST {SO00) RELATEDI ............ ' RELATED TRACT/ ENVIRONMENTAL BUDGET ¢LOCK GRANT FUNDS. OTHER ACTIVITY DESCRIPTION SHORT' ENUMER. REVIEW LINE .......... TERM' ATION STATUS PROGRAM SU[~EQUEN'~ OBJECTIVE DISTRICT 'ITEM YEAR YEAR TOTAL AMOUNT SOURCE " .... · .... i~J .... "i2~ ' ' t3~ . '. r4~ ' b 'i~J ....... ?~ r~ .... r~ ' '~;~" Winnetka, based upon the volum~ of pedestrian and bicycle traffic ' ., seeking access to New Hope Element. ary School and Cooper High School. ' ... ' ; · in that the intersection of 47th and Winnetka does not meet the warrants established by Hennepin County for " .. signalization, the City remains as the only source for. correcting this -~, serious safety hazard. ,. 5. Installation of heating and restrooms 215.03 .: " 2 $6~000 at St. Jacob's Hall - St. Jacob'~ " Hall is the City's first meeting hall . " and preserved and reno,Jated, offers ." ' · New Hope the opportunity of establlsk- lng a cultural and historic focal point . For the benefit o£ the residents of the · community. Th~s project would " represent the initial step toward achieving the goal of preserving · . St. Jacob's Hall for bbth histor[c and functional purposes.' GRAND. TOTAL $. $ $ $ .......... HUD-7'015.1 (11-75) . . ~.NtE OF A.~LI~,.NT 2' "NS:UCATtON NO' i .J ORIGIN D~PARTMENT OF HOUSING ANO [JR[SA& O6VELOPM6N'?': ' City 6F N'ew Hope' '~NTITLE~IEN'T APPLICANTs 'ONLY L'"'"'~?MENOMENT~ COMMUNITY DEVELOPMENT PROGRAM ' 4. PROGRAM YEA~: .. . IFROM: St ........ To: July _ CENSUS ......... RELATED ESTIMATED COST {$000) , RELATED TRACT/ ENVIRONMENTAL BUDGET' I~LOCK GRANT FUNDS I OfH'E4 FU'ND.~ ACTIVITY' DESCRIPTION SHORT- ENUMER- REVIEW ' TER~ ' Al'ION STATUS L[,N. E PROGRAM JSUC~EOUENT , OBJECTIVE DISTRICT J'~ EM YEAR j YEAP, TOTAL AMOUN'F. SOURCE (;,I (2,1 (31 .. . ~,fl tSl .f~] ............ III'. . . (SJ .. , (~1 . . . f/O) 6. Introductlon or replacement of plant Specifically '2 i$32t867 " , . materials in Clty Parks - Th~ City delinea ed has acquired an adequate amount of areas w~thin . .park land to serve community and 215.01, ' neighborhood needs. However~ Full 215.02, . development oF these Facilities has '2.1'5.03, · not' been financ~all y t!easlb le to date. 215.04~ ~ The replacement and/or the intro- '215.05 ductlon of landscaping within City .' parks would, complete the dev~/Iop~ ' " ment plans f'br these Facilities. ...... ; {," ~.';-~-' ' J ,. ,..~..,. ,.. · GRAND TOTAL $. $ $ ,; HUD-7015.1 (11-75} A RESOLUTION ACCEPTING THE 1976 CONTRACT BETWEEN THE CITY OF NEW HOPE AND LOCAL NO. 49 WHEREAS,a 1976 Contract with Local 49 has been negotiated by the MAMA organization, and WHEREAS, this contract is acceptable to the City Council of the City of New Hope, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the contract is hereby ac- cepted and that the Mayor and the City Manager are hereby authorized and directed to execute said contract on behalf of the City. Adopted this 23rd day of February, 1976. J Mayor ^ TF T, ' C i/fy.~/C~rk-Treasurer RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR SIDEWALK IMPROVEMENT NO. 298 WHEREAS, this Council did, on May 12, 1975, after hearing, upon notice published and mailed as required by law, order the construction of Sidewalk Improvement No. 298, and WHEREAS, this Council did, on August 25, 1975, award the contract for said improvement, and WHEREAS, the total estimated cost of said construction and other appurtenant works is the sum of $259,028, and WHEREAS, of this cost the City will pay as its share of the improvement the sum of $207,278. NOW THEREFORE BE IT RESOLVED by the Council of the City of New Hope as follows: 1) It is hereby found and determined that the total estimated cost of Sidewalk Improvement No. 298 and the amount to be assessed is as hereinafter set forth: Total Cost $259,028 Voluntary Participation - Gethsemane Cemetery 1,750 City Share 207,278 Amount to be assessed 50,000 2) The City Clerk-Treasurer, with such engineer- ing 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 parce! benefitted by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this ~.~a-'~ day of ~.~.-/) .... , 1976. ATTEST: ~~~ -- i~y Clerk-Treasurer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET AND STORM SEWER IMPROVEMENT NO. 312 (~?r~ o~ e~(GETTYSBURG HILLS) City of New Hope, Minnesota 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 $85,200 as to street improvements and $32,760 as to the storm sewer improvements. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official newspaper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED STREET AND STORM SEWER IMPROVEMENT NO. 312 (GETTYSBURG HILLS) City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 22nd day of March, 1976 at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described herein- after. 2. The general nature of the improvement is the construction of street including base, 3 inches of bituminous surfacing with surmountable type concrete curb and gutter, and the construction of a storm sewer including pipe, manholes, and all other appurtenant works and services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: The North 470 feet of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 21, Hermepin County, Minnesota. 3. The estimated cost of said improvement is $85,200 as to street improvements and $32,760 as to the storm sewer improvements. 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 February, 1976. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 11th day of March and the 18th day of March, 1976. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Dated the 23rd day of February, 1976. , Mayor Attest: ~ .... '~B~l~ouliot, Clerk-Treasurer -3- RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 311 ? r ? o ~ ~ ~ (GETTYSBURG HILLS) City of New Hope, Minnesota BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Orr-Schelen-Mayeron & Associates, Inc., Engineers for the City have heretofore reported to this Council that a water and sewer improvement for the City as hereinafter described is feasible and may best be made as proposed and not in con- junction with any other improvement, and that the estimated cost of said improvement to the City is $79,200.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereto for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official news- paper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED SANITARY SEWER AND WATER IMRPOVEMENT NO. 311 City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 22nd day of March, 1976 at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North, in said City for the pur- pose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction of sani- tary sewer and water main and all other appurtenant works and services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: The North 470 feet of the Northwest Quarter of the North- west Quarter of Section 18, Township 118, Range 21, Hennepin County, Minnesota. 3. The estimated cost of said improvement is $79,200.00. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 23rd day of February, 1976. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 11th day of March and the 18th day of March, 1976. 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 February, 1976. Edw~ J. Erickson, Mayor Attest: ~~~ -Be~ P~{ot, Clerk-Treasurer -3- RESOLUTION ESTABLISHING CITY POLICY IN REGARD TO INSTALLATION OF PUBLIC IMPROVEMENTS IN NEW PLATS WHEREAS, the City Platting Ordinance, Section 4.500 of the City Code, provides that certain public improvements for the physical plant of the City are to be installed as part of the plat- ting procedure, and WHEREAS, these improvements include the following items identified in Section 4.540 as: a) Installation of monuments at all block corners, angle points, parts of curves on streets and at intermediate points as required by the City Engineer. b) Sanitary Sewer facilities as required to serve the subdivision. c) Water distribution facilities as required to serve the subdivision. d) Streets including grading, base material and surfac- ing and sodding of boulevards as required to serve the subdivision. e) Concrete curbs and gutters on all streets. f) A concrete driveway apron extending from the back of the curb to the property line. g) Storm water facilities as required to serve the sub- division. h) Street trees - at least one per lot. i) Street name signs at all intersections j) Pedestrian ways as required to serve the subdivision, and WHEREAS, the Platting Ordinance provides in Section 4.546 that the City may, at its discretion, elect to install all or any part of the improvements required under the provision of the ordinance in lieu of requiring the subdivider to in- stall such improvements, and WHEREAS, it is necessary that the City Council adopt a specific policy in regard to which improvements it will install and what procedure will be required of the subdivider if the City elects to accept the responsibility for the installa- tion of one or more of the required improvements, NOW, THEREFORE, BE IT RESOLVED BY the City Council, City of New Hope that: I. The preferred method of installing the required public improvements in a new subdivision is that the City I. install the necessary water and sanitary sewer facili- ties and assess the cost of such installation back against the subdivision, with the subdivider installing all other improvements. The subdivider under this method shall provide a cash escrow or subdivision bond in an amount equal to I I/2 times the City Engineer's estimated cost of all improvements installed by the subdivider. 2. If, in the judgment of the City Council, it appears to be in the public's best interest to have the City install one or more of the other required improvements, the City wil install the improvements under the following procedure: a) In no case will the City install the survey monuments or plant the street trees - these shall remain the responsibility of the subdivider. b) The City shall assume responsibility for the construc- tion of the driveway aprons only if the subdivider can provide specific directions as to the location of the building on the lots and the final grade plan for the individual lots. c) The subdivider shall petition for such other improve- ments as he wishes to have installed by the City. The petition shall be signed by all parties having an in- terest in the land included in the plat. It shall con- tain an agreement that the petitioners accept the res- ponsibility for payment of all costs of preliminary work in the assessment procedure to assure that City costs will be recovered in the event the project does not pro- ceed to actual construction. The petition shall be for the installation of the designated improvements by spe- cial assessment procedures. d) Prior to the approval of the plat or letting of a con- struction bid, the developer shall furnish a bond to the City to assure payment of all assessments levied for the construction of the improvements. The City may, at its option, require a cash payment for a portion of the cost of the improvements. 3. In the event the City accepts the petition and does install various improvements, the subdivider shall still be required to furnish a subdivision bond to assure the installation of the monuments, trees, driveway aprons, clean up of the site and such other items as required by the City Council. Adopted this 8th day of March, 1976. ATTEST: ~ ~-e~F~/d I erk-Treasu rer RESOLUTION! PROVIDING FOR HEARING ON SIDEWALK IMPROVEMENT NO. 298 BE 'IT RESOLVED by the Council of the City of New Hope, Minnesota as fol lows: 1. The assessment rolls heretofore duly prepared for the above-captioned public improvement of the City of New Hope, and now on file in the office of the City Clerk- Treasurer, are hereby approved as the proposed assessments for said improvement 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 ¢lerk~reasurer is hereby authorized and directed to cause notice of said meeting to be published in the New Ho~e-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 followin~ form: CITY OF NEW HOPE NOTICE OF PUBLIC HEARING ON ASSESSMENTS FOR SIDEWALK IMPROVEMENT NO. 298 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 April , 1976, at 7:00 o'clock p.m., to heaT, consider and pass upon all written or oral objections, i¢ any, to proposed assessments for the public improvement of the City described in the caption, and hereinafter. The proposed assessment rolls are now on file and open to public inspection by all persons interested, in the office of the City Clerk. The entire amount assessed aaainst any parcel of land will be payable unless prepaid, in equal consecutive annual installments as specified below, the first of such installments to be payable with the qeneral taxes for the year 1977. 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 31st, 1977, and each subsequent installment will be payable with one year's interest at said rate on all unpaid installments, except that no interest will be charged if the entire assessment as to any parcel is paid at the office of the City Treasurer within thirty days from the date of the adoption of the assessment roll. 2. The general nature of the improvement is the construction of concrete sidewalks and pedestrian ramps at intersections, and all other appurtenant work to serve an area described as follows: 62nd Avenue North South Side Gettysburg Avenue North to Winnetka Avenue North Zealand Avenue North East Side 47th Avenue North to 49th Avenue North 47th Avenue North' Boone Avenue North to a point 400 feet easterly of 47th Avenue North (extended) 36th Avenue Horth North Side County Road 18 to Winnetka Avenue North 42nd Avenue North South Side Gettysburg Avenue North to Flag Avenue North 42nd Avenue North South Side Boone Avenue North to ~linnetka Avenue North 49th Avenue North North Side Flag Avenue North to Boone Avenue North 49th Avenue North North Side 145 feet Nest of Quebec Avenue North (extended) to Louisiana Avenue North Miscellaneous Pedestrian Ramps Throughout City 3. The areas proposed to be assessed for the making of the improvements stated in paraqraDh 2 above shall include all of the lots and parcels: abuttinq the streets above-named. -2- See proposed assessment rolls on file in the office of the City Clerk-Treasurer. 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. Dated this 'Sth day of March" , 1976. BETTY POULIOT Clerk-Treasurer (Published in the New Hope-Pl~vmouth Post .... April 8 , 1976.) 3. She shall also cause mailed notice to be given to the owner o,f 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 8th day of March , 1976. ATTEST: ' ~-~--C~ CS erk-Treasurer RESOLUTION APPROVING COMPREHENSIVE EMPLOYMENT AND TRAINING ACT SUB AGENT CONTRACT WHEREAS, the City of New Hope deems it necessary and advisable to enter into an agreement with the County of Hennepin for implementa- tion of the Comprehensive Employment Act of 1973 (Public Law 93-203) and participation therein by the City of New Hope. NOW THEREFORE BE IT RESOLVED that Contract No. 1050 entitled "Comprehensive Employment and Training Act - Sub-Agent Contract" with the County of Hennepin is hereby approved and the Mayor and the City Manager are authorized to sign the same. Adopted by the New Hope City Council this 8th day of March, 1976. JEdward ~ Erickson q.~~~ Mayor Attest: ~dt'ty?P/6 u'l i o t City Clerk-Treasurer I RESOLUTION APPROVING MEMBERSH P IN A SUBURBAN HENNEPIN COUNTY MUNICIPAL ORGANIZATION WHEREAS, Minneapolis and Hennepin County elected officials have both presented legislative programs to the Minnesota Legislature; and WHEREAS, many of the items contained in these proposals have the effect of having suburban communities absorb additional tax burdens; and WHEREAS, under recent legislation the intercity now enjoys the position of having suburban taxpayers subsidizing a sizeable part of their present tax burdens; and WHEREAS, an end must be put to indiscriminate sharing of the Minneapolis' tax burdens throughout Hennepin County; and WHEREAS, it is in the best interests of all Hennepin County subur- ban municipalities to present a united front to ensure that this practice is not continued; and WHEREAS, it is also in our best interests to keep a watchful eye on all related legislative proposals and day-to-day operations. NOW, THEREFORE, BE IT RESOLVED by the City of New Hope, that: I. We endorse the development of an unbiased comparative core city vs. suburban municipality tax study, includ- ing relative effects of all intergovernmental aids. 2. Lobby efforts in the 1977 Minnesota Legislature be undertaken concerning disparities in the distribution of shared tax aids. 3. We hereby support the coalition and its concept and appoint Harlyn G. Larson, City Manager, City of New Hope to represent our community, with Mayor Edward J. Erickson to serve as alternate. 4. A copy of this resolution is to be sent to Mayor James Krautkremer, City of Brooklyn Park. Adopted this 8th day of March, 1976. ~- ~C i erk-Treasu ret RESOLUTION PROVIDING FOR APPROPRIATION OF MUNICIPAL STATE AID FUNDS (Project No, 265 - CSAH #156) WHEREAS, i.t was deemed advisable and necessary for the City of New Hope to participate in the cost of construction of a pro- ject located on CSAH No. 156 within the limits of said City, and WHEREAS, said construction project was approved by the Department of Highways and identified in the records as MSAP No. 182- 020-01 (New Hope Project No. 265). NOW, THEREFORE, BE IT RESOLVED, that we do hereby appropriate from our Municipal State Aid Street Funds, the sum of one hun- dred one thousand dollars ($101,000) to apply toward the construction of said project and request the Commissioner of Highways to approve this authorization. Adopted this 8th day of March, 1976 C'i t~o/O I erk-Treasurer CERT I F I CAT ION I hereby certify that the above is a true and correct copy of a resolution presented to and adopted by the Council of the City of New Hope, Minnesota, at a duly authorized meething thereof, held on the 8th day of March, 1976, as shown by the minutes of said meeting in my possession. ~et~t~c/Pouliot City Clerk-Treasurer I A RESOLUTION IN F~EGARD TO STATE AID ALLOTMENTS FOR PAYMENT OF 1973 $101,000 STATE AID BONDS CITY OF NEW HOPE WHEREAS, THE City of New Hope has issued and sold bonds, dated May 14, 1973, in the amount of $101,000 exclusively for the purpose of establishing, locating, relocating, constructing, reconstructing or improving its State-Aid Highways in accordance with Law. WHEREAS, said City of New Hope has irrevocably pledged to the sinking fund from which said obligations are payable, that amount of their future State-Aid allotments as is permissable by Law and needed to pay the principal and interest thereon; which principal payment~ shall be made from the regular construction account of such State-Aid fund and the interest payments made from their regular State-Aid maintenance account, all as detailed herein: YEAR DATE PRINCIPAL INTEREST TOTAL DUE 1974 2-1-74 $11,000 O0 $ 3,596.25 $ 4,596.25 8-1-74 2,150.00 2,150.00 1975 2-1-75 0,000 O0 2,150.00 2,150.00 8-1-75 1,900.00 1,900.00 1976 2-1-76 0,000 O0 1,900.00 1,900.00 8-1-76 1,650.00 1,650.00 1977 2-1-77 0,000 O0 1,650.00 1,650.00 8-1-77 1,395.00 1,395.00 1978 2-1-78 0,000 O0 1,395~00 1,395.00 8-1-78 1,162.50 1,162.50 1979 2-1-79 0,000 O0 1,162.50 1,162.50 8-1-79 930.00 930.00 1980 2-1-80 0,000.00 930.00 0,930.00 8-1-80 697.50 697.50 t981 2-1-81 0,000.00 697.50 0,697.50 8-1-81 465.00 465.00 1982 2-1-82 0,000.00 465.00 0,465.00 8-1-82 232.50 232.50 1983 2-1-83 0,000.00 232.50 0,232.50 NOW, THEREFORE, BE T RESOLVED: That the Commissioner of High- ways be and is hereby requested to keep a bond record in his office for the City of New Hope. BE IT FURTHER RESOLVED: That the Commissioner of Highways be and is hereby requested upon receipt of this resolution to annually certify to the State Auditor the sum of money required for the principal and interest on said bonds, as evidenced by de- tailed reports of the annual expenditures. -2- Adopted by the City Council on this 8th day of March, 1976. ~I~W k?T ~ea s u rer 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 March 8th, 1976, as the same is recorded in the minutes ofjthe meeting of such Council for such date, on file and of record in my office. Dated this 8th day of March, 1976. Bett/y/ Pou I i ot C I er k-Treas u re r seat ORDINANCE NO. 76- ~ AN ORDINKNCE I~LATING TO CHAPTER 10 OF THE CITY CODE RELATING TO PROVISIONS FOR "ON SALE" WINE LICENSES IN RESTAURANTS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Chapter 10 of the City Code, Regulation of the Sale and Consumption of Intoxicating Liquors and Non-Intoxicating Malt Liquors, is hereby amended by adding the following: 10.51 Definitions. (1) "On Sale Wine Licenses" shall mean a license permitting the sale for consumption on the premises only, of wine not exceeding 14% alcohol by volume, in conjunction with sale of food. (2) "Restaurant" shall be defined as stated in Section 10.01 (09) of this Chapter, except that seating shall be required for not less than 50 guests. 10.52 License Required. In addition to a~ly other provision of this Chapter, any person owning and operating a restaurant, may obtain a license for the on sale consumption of wines as defined in Section 10.51 (1). 10.53 Application Required. No license shall issue under this section until the applicant has provided the information required by Section 10.14 of this Chapter, unless such information has already been provided pur- suant to the application for a license under said sections. The Council may, in its discretion, require that the applicant furnish additional or current information if it feels that the same is reason- ably necessary to adequately consider the merits of the application. All applications shall be made on forms approved by the City Manager. 10.54 Investigation and Granting of Licenses. All applications made under this section shall be investigated in the manner provided in Section 10.15 (1), unless modified or waived by the Council because the applicant is already licensed pur- suant to Section 10.12. 10.55 Renewal Licenses. Applications for renewal of licenses under this section shall be made in conjunction with any license issued to the person and shall be subject to the same requirements applicable to renewal of any' other license held by the licensee. 10.56 SUnday Sales. Regardless of the provisions of any other section of this Code, Sunday sales of wines shall be permitted only if the licensee obtains a special license for Sunday sales. 10.57 Fees. Subd. (1) The annual fee for a wine license shall be $ ] ,000 Subd. (2) The payment of the initial license fee shall be made within 60 days after approval of the application by the City Council or Certificate of Occupancy, whichever occurs first, and on January 10 thereafter. Ail license fees shall be paid into the general fund and shall not be refundable. No license Shall be issued until the fee is paid in full. Subd. (3) The initial fee for a license shall be prorated on a monthly basis, including the month in which the application is approved. 10.58 Applicability of Other Provisions of this Chapter. The following sections of this Chapter governing "On Sale" licenses for the sale of intoxicating liquor are made a part of this section as though fully set out herein: -2- Section 10.49 Person Ineligible for License Section 10.411 Places Ineligible for License Section 10.412 Conditions of License Section 10.413 Restricted Hours of Operation Section 10.414 Public Character of Liquor Sales Section 10.415 Restrictions Involving Minors Section 10.416 Bond; if no bond has previously been posted pursuant to this section and approved by the Council for the applicant and the premises covered by the application. Section 10.417 Suspension and Revocation Section 10.418 Licensing of Employees Section 10.419 Penalty Section 10.420 Enlargement, Alterations or Extension of Premises Section 10.421 State Statutes Incorporated by Reference 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 22nd day of March , 1976. ~Edw~ar~ ~~~_~~ L~/ ~/~ ~ // E~ ~d/J .~ Erickson, Mayor Attest: ~Bet~y P~ul~ot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ]st day of April , 1976.) -3- RESOLUTION PROCLAIMING NATIONAL TENNIS WEEK WHEREAS, tennis is an active, exciting game which can be enjoyed by players of all ages, skill levels and economic backgrounds, WHEREAS, tennis is the nation's fastest growing sport and one of the most valuable means of maintaining per- sonal fitness, WHEREAS, National Tennis Week is a nationwide event which is being conducted by Tennis magazine and has been acknowledged by the President's Council on Physical Fitness and Sports, the United States Professional Tennis Association, the National Indoor Tennis Association, the Tennis Foundation of North America, the United States Tennis Association and the U. S. Tennis Court and Track Builders Association, WHEREAS, tennis players of all ages and skills will have the opportunity to receive free tennis instruction given by U.S.P.T.A. members on National Clinic Day, June 19, from I:00 p.m. to 3:00 p.m. at the Civic Center Park Tennis Center. NOW, THEREFORE, THE CITY COUNCIL, City of New Hope, Minnesota does hereby proclaim the week of June 19 - June 27, 1976 NATIONAL TENNIS WEEK in the City of New Hope and encourage all people to participate in this worthy and rewarding sport at facilities provided by our state. Adopted this 22nd day of March, 1976. ~ ~ ~_~(~3~~ j ATTEST: ~. ~~T~-~-~ reasurer CERTIFICATION OF MINUTES RELATING TO $1,270,000 GENERAL OBLIGATION REFUNDING BONDS Issuer: City of New Hope, Minnesota Governing body: City Council Kind, date, time and place of meeting: a regular meeting held on April 12, 1976, at 8:00 o'clock P.M., at the City Hall. Members present: ~rick$on~ Enck, Herman, Hokr. Members absent: Plufka. Documents attached: Minutes of said meeting (pages): 3, including RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,270,000 G~NERAL OBLIGATION REFUNDING BONDS OFFICIAL NOTICE OF BOND SALE ABBREVIATED NOTICE OF BOND SALE I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they' have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and.of all docu- ments approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required 'by law. WITNESS my hand officially as such recording officer this 27th day of April , 1976. r ~/~ -- Signature (SEAL) Betty Pouliot, City Clerk-Treasurer Name ~nd ¥itle Councilman Enck then introduced the following resolu- tion and moved its adoption: "Resolution Providing For Public Sale of $1,270,000 General Obligation'Refunding Bonds." The motion for the adoption of the foregoing resolution was duly seconded by Councilman Hokr , and upon vote being taken thereon, the following voted in favor thereof: Enck, Herman~ Hokr; and the following voted against the same: ~rick$on; Absent: Plufka; whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Clerk- Treasurer. (Page . Extract Book) -1- (Page . Extract Book) RESOLUTION PROVIDING FOR THE PUBLIC SALE OF $1,270,000 GENERAL OBLIGATION REFUNDING BONDS BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: 1. The City presently has bonds outstanding in the princi- pal amounts set forth below for three City issues described as follows: Designation of Outstanding Date Remaining Issue Prin¢ipal Amount of Issue Maturities $910,000 General $900,000 10/1/74 January 1, t977 Obligation through 1994 Ice Arena Bonds $120,000 Improvement $105,000 10/1/74 January 1, 1977 Bonds of 1974 through 1989 $395,000 Park Bonds $265,000 10/1/69 January 1, 1977 of 1969 through 1985 The outstanding bonds described above bear interest to maturity at rates such that the combined average annual net interest is approxi- mately ~! %. The City has been advised by T. G. Evensen & Associ- ates, Inc., financial consultants to the City, that thelinterest cost to the City could be Substantially reduced by refunding in advance of maturity all outstanding bonds of the ~above issues, and that the refunding program could, at present, be undertaken in such a manner as to comply with Minnesota Statutes, Section 475.67, and applicable Federal laws and Internal Revenue Service Regulations relating to "arbitrage bonds." It is hereby found and determined to be in the best interests of the City to proceed with the advertisement for sale of $1,270,000 General Obligation Refunding Bonds for such pur- pose. 2. T. G. Evensen & Associates, Inc. has presented to this Council forms of the Official Notice of Bond Sale, and abbreviated notice of sale for publication, which are attached hereto, and which are hereby approved and shall be placed on file by the Clerk-Treasurer. Each and all of the provisions of the Official Notice of Bond Sale are hereby adopted as the terms and conditions of said bonds and of the sale thereof; and this Council shall meet at the time and place specified in the Official Notice of Bond Sale for the purpose of considering sealed bids for the purchase of said bonds. -2- 3. The Clerk-Treasurer is authorized and directed to cause the abbreviated notice of sale to be p~lished once in the official newspaper of the City, and once in Co~ercial West, a financial periodical published in Minneapolis, Minnesota, both publications at least ten days before the date of said meeting. Attest:~ ~~ · · ~~ity Clerk-Treasurer -3- OFFICIAL NOTICE OF BOND SALE $1,270,000 GENERAL OBLIGATION REFUNDING BONDS CITY OF NEW HOPE, HENNEPIN COUNTY, MINNESOTA Bids on these Bonds will be received Monday, May 10, 1976, at 1:00 o'clock P.M., C.D.T., at the office of the City Clerk-Treasurer, in New Hope, Minnesota, at which tome they will be opened and tabu- lated, The Council will act on the award at a meeting to be held at 8:00 o'clock P.M., C.D.T., the same day. The Bonds will be offered on the following terms: DATE AND INTEREST The Bonds will be dated June 1, 1976. Interest will be payable January 1, 1977, and each July 1 and January 1 thereafter. TYPE AND PURPOSE The Bonds shall be negotiable coupon, general obligation Bonds, for which the unlimited taxing powers of the City will be pledged, in $5,000 denominations, unless other denominations are requested by the Purchaser within 48 hours after the award. The proceeds will be used to refund in advance of maturity certain outstanding general obligation Bonds of the City, dated October 1, 1974 and October 1, 1969. MATURITIES AND REDEMPTION The Bonds will mature on January 1 in the years and amounts as follows: Year Amount Year Amount 1977 $65,000 19'86 $60,000 1978 70,000 1987 60,000 1979 70,000 1988 65,000 1980 75,000 1989 65,000 1981 75,000 1990 65,000 1982 80,000 1991 65,000 1983 85,000 1992 65,000 1984 90,000 1993 65,000 1985 85,000 1994 65,000 At the option of the City all Bonds maturin~ in the years 1986 through 1994 shall be subject to prior payment in inverse order of serial numbers on January 1, 1985, and any interest payment date thereafter, at a price of par and accrued interest. PAYING AGENT The Paying Agent may be named by Bidder within 48 hours after the sale subject to the City's acceptance, which may be assumed unless the Purchaser is otherwise notified withih 24 hours after the City has been advised of the proposed agent. The City will pay the cus- tomary charges in advance. CUSIP NUMBERS The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such printing to be done at the expense of the Purchaser, if the Purchaser waives any extension of the time of delivery caused thereby. DELIVERY The Bonds will be delivered to the Purchaser within 40 days after award, subject to the unqualified approving legal opinion of Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis, Minnesota, and customary closing Papers, including a statement of non-litigation. Delivery will be at a place of the Purchaser's choice anywhere within the continental United States. Payment must be made in Federal Funds, or equivalent immediately available funds, on day of delivery. Legal opinion will be printed on the Bonds. Bond printing and legal opinion will be paid for by the City. TYPE OF BID Sealed bids for not less than par and accrued interest on the princi- pal sum of $1,270,000 from the date of the Bonds to date of delivery must be filed with the undersigned prior to time of sale, together with a certified or cashier's check in the amount of $25,400, pay- able to the order of the Treasurer of the City, to be retained as liquidated damages if the Bidder fails to comply with the accepted bid. No bid may be altered or withdrawn after the time specified for opening. RATES Rates are to be expressed in multiples of 5/100 of 1%, not exceeding 7% per annum. No more than 12 different interest rates may be specified. The difference between the highest and lowest rates specified may not exceed 1-1/2%. The City reserves the right to establish or limit the rate or rates of interest on the Bonds not less than three days in advance of the sale. If notice is not re- ceived before 1:00 o'clock P.M., Friday, May 7, 1976, T. G. Evensen & Associates may be contacted during business hours (612-338-3535). AWARD Award will be made on the basis of lowest dollar interest cost, determined by the deduction of any premium from the total interest on all Bonds from their date to their stated maturity. The net effective average rate of the issue may not exceed &,~ % per annum. The City reserves the right to reject any and all ~-~, to waive any informalities and to adjourn the sale. Dated April 12, 1976. BY ORDER OF THE CITY COUNCIL Betty Pouliot City Clerk-Treasurer NOTICE OF BOND SALE $1,270,000 GENERAL OBLIGATION REFUNDING BONDS CITY OF NEW HOPE, HENNEPIN COUNTY, MINNESOTA Bids for these Bonds will be received on Monday, May 10, 1976, at 1:00 o'clock PoM., C.D.T., at the office of the City Clerk-Treasurer, New Hope, Minnesota, at which time they will be opened and tabulated. Award will be made at the Council's meeting to be held at 8:00 o'clock P.M., C.D.T., on the same day. Dated June 1, 1976, the Bonds will mature on January 1 in the years and amounts as follows: Year Amount Year Amount 1977 $65,000 1986 $60,000 1978 70,000 1987 60,000 1979 70,000 1988 65,000 1980 75,000 1989 65,000 1981 75,000 1990 65,000 1982 80,000 1991 65,000 1983 85,000 1992 65,000 1984 90,000 1993 65,000 1985 85,000 1994 65,000 At the option of the City, all Bonds maturing in the years 1986 through 1994 shall be subject to prior payment in inverse order of serial numbers on January 1, 1985 and any interest payment date thereafter, at a price of par and accrued interest. No rate of interest may exceed 7% per annum and the net effective average rate of the issue may not exceed ~m~ % per annum. An unqualified legal opinion will be furnished by Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis, Minnesota. The proceeds will be used to refund in advance of maturity certain outstanding general obliga- tion Bonds of the City dated October 1, 1974 and October 1, 1969. The City reserves the right to establish or limit the rate or rates of interest on the Bonds not less than three days in advance of the sale and will notify prospective bidders of its decision. If notice is not received before 1:00 o'clock P°M., C.D.T., Friday, May 7, 1976, T. G. Evensen & Associates, Inc. may be contacted during busi- ness hours by telephone (612-338-3535) o Dated April 12, 1976. BY ORDER OF THE CITY COUNCIL Betty Pouliot, City Clerk-Treasurer ORDINANCE NO. 76- 3 AN ORDINANCE AMENDING SECTION 9.86, SUBD. (2) OF THE CITY CODE PERTAINING TO OAK WILT AND DUTCH ELM DISEASE. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 9.86, Subd. (2), Council Action, is repealed and re~noved from the Code. Section 2. This ordinance shall be effeclive from and after its pas- sage and publication. Passed by the City Council of the City of New Hope this ~ day . of ~n~'i ~ , 1976. /-~ E~m~l J. Erickson, Mayor B ~l~j~l~ouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 22nd day of Apr,,i] , 1976.) ORDINANCE NO. 76- 4 AN ORDINANCE REGULATING THE TRIMMING AND CARE OF TREES OR LIMBS OF TREES IN THE STREETS AND BOULEVARDS OF THE CITY OF NEW HOPE. 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 sections: 9.220 TRIMMING AND CARE OF TREES IN STREETS AND BOULEVARDS 9.221 Objective. The free and unimpeded circulation of vehicular pedestrian traffic (including cyclists), hereinafter referred to as "traffic", within the City on the public streets and adjacent right of way is deemed to be in the best interest of the public health, safety and we~are, and the obstr~ction of such I'ree circulation of traffic is found and declared to be a public nuisance. 9.222 Trees and Bushes in the Public R..i. ght of Way. The blocking of or interference with traffic by branches of trees or bushes is hereby determined to be a public nuisance in these circumstances: a. Within the surfaced or traveled portion of any street~, in- cluding the curb, if any, to a height of 12 feet, as measured vertically from the edge of street (excluding the curb). b. Over any sidewalk in the boulevard portion of any public street, to a distance of eight feet as measured vertically to surface of the ground, between the edge of the sidewalk closest to the adjacent property line, and the curb or edge of travelel right of way. 9.223 Responsibility for Enforcement. The Tree Inspector for the City of New Hope shall be responsible for the enforcement of this ordinance within the usual organizational structure of the City administration. 9.224 Procedure for Abatement. Upon a determination by the Tree Inspector that a nuisance as described herein exists, the Tree Inspector shall follow the abatement procedur~ for trees in imminent danger prescribed .in Section 9.86 of the City Code. 9.225, Costs of Abatement. Costs of abatement if not earlier paid by the adjacent property owner, shall be assessed against the abutting premises in the same manner and procedure as set forth in Section 9.86 of the City Code. 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 ] ?th day of April , 1976. Attest: ~ . B~?~}{tiiiot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 22nd day of April , 1976 .) -2- ORDINANCE NO. 76- 5 AN ORDINANCE AMENDING CHAPTER 11 BY DELETING THE EXISTING SECTION 11.52 AND SUBSTITUTING A NEW SECTION 11.52 (AUTHORIZATION TO ISSUE TICKETS). City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Chapter 11 of the City Code of the City of New Hope is amended by deleting Section 11.52 (Authorization to Issue Tickets) and substituting therefor the following Section 11.52. 11.52 Authorization to Issue Tickets. The Council hereby confers the power and authority to issue and serve a written or printed notice, hereinafter referred to as a ticket, upon persons charged with ordinance violations, upon the Director of Police and all duly appointed and acting police officers, the Director of Protective Inspections, the Fire Marshal, the Build- ing Official, and General Inspectors duly' appointed in the Depart ~ent of Protective Inspections, and the animal patrol warden, provided, however, that no such persons shall arrest or otherwise take a violator into custody, except the Director of Police and police officers may make such arrests as are permitted under the laws of arrest. Such ticket shall be served upon the person creating the violation, the lessee, or person in charge of the premises alleged to be in vio- lation. Section 2. This ordinance shall be effective upon its passage and publi- cation. Passed by the City Council of the City of New Hope the ] 2th day of April , 1976. B e~$--~P~fl liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 22nd day of April , 1976.) ORDINANCE NO. 76- 6 AN ORDINANCE AMENDING THE CITY CODE BY SUBSTITUTING A NEW SECTION 12.14, SUBD. (2) (EXCEPTIONS TO PROHIBITION AGAINST DISCHARGING BOW AND ARROW). City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Chapter 12 of the City Code is hereby amended by substituting the following Section 12.14, Subd. (2) for the existing Section 12.14, Subd. (2) (Exception to Prohibtion Against Discharging Bow and Arrow). 12.14 Bow and Arrow. Subd. (2) .Exception.. a. This section shall not apply to the shooting or dis- charging of any bow and arrow which is designed as a children's toy, and the arrowhead of which consists of a rubber suction cup or other soft, pliable and harmless material. b. This section shall not apply to an archery range which is situated on public school grounds in the City, under conditions of supervised instructional or supervised practice. The adequacy of the safety conditions and of the supervision of such archery activities of the school established regulations per- raining to same shall be approved or disapproved by the City Director of Parks and Recreation, subject to the right of appeal to the City Manager, then to the City Council. If approved, the school shall be issued a permit on an annual basis, subject to revocation by the issuer if the terms and conditions of approval are not adhered to by the permittee, with the same rights of appeal that apply to the issuance of such permit. There shall be no charge for such permit. 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 ] 2th day of April , 1976. E~J. Erickson, Mayor / B~e~dliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 22nd day of ...April , 1976.) -2- RESOLUT ION REGARDING HENNEPIN COUNTY TRANSPORTATION SYSTEM STUDY WHEREAS, the Hennepin County Department of Public Works has conducted a Hennepin County Transportation System Study and produced a Draft Final Report, and WHEREAS, the Draft Final Report is a guide for the future roadway system under County jurisdiction and contains recommenda- tions, therefore BE IT RESOLVED, that the City of New Hope, Minnesota hereby transmits the following concerns and comments regarding the Hennepin County Transportation System Study Draft Final Report and will consider acceptance of the report following considera- tion of the concerns and comments by Hennepin County. I. A concern that the designation of West Broadway, North 'of Bass Lake Road as a coll~ctor~will resul~ in nb im- provement and widening as is necessary to carry it's share of traffic, since the collector designation will turn the responsibility for improvement over to City government~ 2 A need for a County controlled and maintained arterial between CSAH #18 and Trunk Highway #52. This arterial could be West Broadway or Winnetka extended. 3. A concern that the study in not providing for a minor ~ arterial as noted, assumes that Boone Avenue in New Hope, North of Bass Lake, will pick up a major amount of ad- ditional traffic. 4~ A concern that the study has not considered the full impact of handling the total traffic predicted in the Boone, Winnetka, West Broadway corridor and that the lack of Bounty action to handle the traffic will have a major detrimental impact on the plannmd function of Boone Avenue. Adopted this 12th day of April, 1976 ,~.f,- ~//M~yor ATTEST: ~~/7~~ '--' O~l~rk'~reasu rer -- I ORDINANCE NO. 76- ? AN ORDINANCE AIvlENDING CHAPTER 9 OF THE CITY CODE RELATING TO FIRE REGULATIONS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Chapter 9 of the City Code is hereby amended by deleting Sections 9.00 through 9.11 and substituting therefor the following: 9.00 FIRE PREVENTION REGULATIONS 9.01 Fire Prevention Code. Subd. (1) Adoption. There is hereby adopted by the City of New Hope for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, maintenance of build- ings and premises, explosion and other like emergencies that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1970 Edition (including October, 1972 revision) thereof and The Minnesota Uniform Fire Code, October, 1975 Edition, .and the whole of each thereof, save and except such portions as are hereinafter deleted, modified or amended, of which codes not less than one (1) copy of each have been and now are filed in the office of the Clerk-Treasurer of the City of New Hope and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the effective date of this ordinance shall take effect. The provisions thereof shall be controlling within the limits of the City of New Hope. Subd. (2) Definitions. (a) Whenever the words "municipality" or "authority having jurisdiction" are used it shall be held to mean the City of New Hope. (b) Wherever the term "corporate counsel" is used in the Fire Prevention Code, it shall be held to mean the City Attorney. 9.02 The said American Insurance Association Fire Prevention Code, being particularly the 1970 Edition (including October, 1972 revision) is amended and changed in the following respects: (a) Section 14.2 is amended by deleting the following: · . . except dwelling units of multifamily dwellings... (b) Article i is amended by adding thereto and inserting after Section 1.13, the following to be known as 1..14: "1.14 Stairways. Stairways and step~ in all com- mercial buildings and industrial buildings hereafter constructed or repaired by the reconstruction of such stairways or steps shall be of noncombustible material." (c) Section 28.3 is amended by adding thereto and inserting therein after paragraph d the following to be known as paragraph e: "Smoking of tobacco in public schools, in- eluding the corridors and vestibules thereof, is hereby expressly prohibited whether a 'No Smoking' sign is posted in such locations or not. This prohibition shall not apply to faculty, lunchrooms, faculty lounges and boiler rooms. '"' (d) Section 27.7 is amended to read as follows: "In each room where chairs, or tables and chairs, are used, the arrange- ment shall be such as will provide for ready access by aisles to each exit doorway. Aisles leading directly to exit doorways shall have not less than 36 inches clear width which shall not be obstructed by chairs, tables, or other objects. The seating of persons in aisles or passageways in places of assembly is prohibited." (e) Article 28 is amended by adding thereto and inserting therein after Section 28.16 the following to be known as Section 28.17: "28.17 Attendants. All nursing homes, (k¢~J- mes~ homes, board and care homes, as defined by the State Board of Health, shall have one or more attendants, and at least one of them shall be on duty, awake and fully dressed at all times ." (f) Article 28 is amended by adding thereto and inserting therein after Section 28.17 the following to be known as Section 28.18: "Open Flames on Apartment. Balcony. No person shall kindle, maintain or permit any fire or -2- open flame on any balcony above ground level of a multiple dwelling or apartment in any barbecue, torch, or other similar heating, burning or lighting apparatus, equipment or device or storage of same." 9~03 The Minnesota Uniform Fire Code is amended to the following: (a)Section 1.203 is amended as follows: Bureau of Fire Prevention. The Fire Prevention Code shall be enforced by the Depart- ment of Protective Inspections of the City which is hereby established and which shall be. operated under the super- vision of the Director of Protective Inspections (hereinafter called "Director"). (1) Fire Marshal. The Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the City Manager. (2) Fire Inspectors. The Director may detail such of its members as in- spectors as shall from time to time be necessary. The Director shall recommend to the Manager the employment of technical inspectors. Appointment shall be made by the Manager. (3) eport. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Manager; it shall contain all proceedings under this Code, with such statistics as the Director may wish to include therein; the Director shall also recommend any amendments to the Fire Code which, in his judgment, shall be de- sirable. (b) Section 27.206 (c) is amended by adding new paragraphs to read as follows: -3- (1) Definition: As used herein the term "Christmas tree" means any natural tree which has been cut down, set up, used, instal}ed or maintained within any building, structure or tent for decorative or commemorative purposes. (2) Rules in Public Places. Every hospital, rest home, institution, school, church, hotel, clubroom and store and every place of public assembly or place of business to which the public is invited which shall use, keep, install or maintain Christmas trees, electrical decorations or the like, shall observe and comply with the following regulations: (a) Every tree used for Christmas decorations regard- less of the type of tree, shall be placed, kept and maintained so that the butt or bottom end of the t~unk is at all times immersed in not less than 2 inches of water. (b) No trees used for Christmas decorations or display shall be placed in or immediately adjacent~to exit areas, light wells or stairwells in the building where the decoration has been set up. (3) l~emoval for Violations. The Fire Prevention Bureau may disconnect or remove any tree or other Christmas decorations in violation of this subsection. (c) Section 13.209, paragraphs (a) and (b) are stricken and new paragraphs are inserted to read as follows: Fire Lanes. (1) Orders Establishing Fire Lanes. The Fire Marshal in charge of the Bureau of Fire Prevention is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be inter- fered with, and that access to fire hydrants or buildings may not be blocked off. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "NO PARKING -- FIRE LANE" or a similar message. When the fire lane is on public property or a public right-of-way, the sign or signs shall be erected by the City, and when on private -4- property, they shall be erected by the owner at his own expense within 30 days after he has been notified of the order ~ Thereafter, no person shall leave a vehicle unattended or otherwise occupy or obstruct the fire lane. (2) Impoundment. When any motor vehicle occupies or obstructs any duly designated fire lane in a manner inconsistent with its intended use for fire protection purposes, or prevents access to any fire hydrant in the normal and usual manner by fire protection personnel and equipment, the Fire Marshal or police department 13er- sonnel may order the impoundment of the vehicle, after first making a reasonable effort in the immediate vicinity to ascertain the identity and location of the owner or other person leaving the vehicle in the fire lane. No vehicle impounded pursuant to the provisions of this section shall be released until a release is obtained from the Police Department and all towing and storing charges have been paid. (3) Temporary Use Of Fire Lanes. The Fire Marshal in charge of the Bureau of Fire ~'revention is hereby authorized to determine and designate on a temporary basis, those fire lanes established under Section 13. 209 and orders pursuant thereto, upon which parking of vehicles shall be permitted when in his opinion, necessary for public safety or convenience. The Fire Marshal shall cover with a locked canvas bag bearing the words "Fire Lanes Not Enforced" each sign erected under Section 13. 209 designating the fire lane when parking thereon is allowed. (d) Section 13.307, paragraphs (a), (b), (c) and (d) are stricken and new paragraphs are inserted to read as follows: Automatic Fire Detector and Alarm Systems (1) Local Protective Signaling System 1972 Edition Adopted. There is hereby adopted by the City and incorporated into this Code for the purpose of prescribing standards for the installation, maintenance and use of local pro- tective signaling systems, that certain'code known as "Standard for the Installation, Maintenance and Use of Local Protective Signaling Systems for Watchman, Fire Alarm and Supervisory Service", prepared by the National Fire Protection Association, for general -5- circulation and use, as the same appears in a pamphlet entitled "Local Protective Signaling Systems 1972" (here- after referred to as NFPA No. 72), save and except such portions as are hereafter modified or amended, of which Code three copies have been marked "Official Copy" and filed for reference and inspection in the office of the Clerk-Treasurer. (2) Definitions. The following words and phrases when used in Section 13. 307, shall have the meanings set out herein: (a) Approval. "Approval" means all equipment shall be listed and meet approval of Underwriter's Laboratories, Inc., Factory Mutual, or other nationally recognized testing agency. Manual stations and fire detection systems shall be used for fire protective signaling purposes only. (b) Approved. "Approved" means accepted by the Fire Marshal as a result of his investigation and experience, or by reason of test, listing or approyed by Underwriters' Laboratories, Inc., Factory Mutual, or other nationally recognized testing agencies. · '~ (c) Automatic Fire Detection and Alarm System. "Automatic fire detection and alarm system" means an approved system of automatically operated heat, smoke and combustion sensing devices, together with manual pull stations as required, which through approved coding transmitters, annunciator panels, or combination thereof and an approved supervisory type fire alarm panel shall actuate audible and/or visual alarms throughout the building, and shall provide a light or bell on the exterior of the building, as specified by the Fire Marshal for said purpose. (d) Listed. "Listed" means equipment or materials included in a list published by a nationally recognized testing laboratory that maintains periodic inspection of produc- tion of tested equipment or materials and whose list- ing states either that the equipment or materials meet nationally recognized standards or has been tested and found suitable for use in a specified manner. (e) Public Occupancies. "Public Occupancies" shall mean all occupancies described in Sections 4-111 through 4-121, save and except Section 4-115 (e) of the NFPA Life Safety Code, ] 9?3Edition. (3) Automatic Fire Detection and Alarm System: When Required. Every building of every multiple residence containing three or more living units shall be provided with a fire detection and alarm system. Every other public occupancy may install such a system after obtaining a permit to do so in the manner described in Section 4 below. (4) Installation Permit Required. No fire detection or alarm system shall be installed in any public occupancy without a permit first being ap- proved for this purpose, by the Fire Marshal. Such permit shall be issued upon furnishing satisfactory evidence to the Fire Marshal of compliance with the requirements of NFPA Pamphlet No..72A, 1972 Edition, adopted heretofore by reference, and Section 13. 307 of this Code. (5) Detailed Requirements. (a) Wiring. Ail wiring shall comply with the requirements of NFPA No. 72A. (b) Electric Service. Electric service to fire alarm system control panel shall be taken from a point ahead of the building main disconnect and through a circuit breaker or fused disconnect, clearly labeled, painted red, and locked in "On" position. -7- (¢) Control Panels. The control panel shall be electrically supervised, closed circuit, non-coded, with automatic standby emergency power supply capable of complete operation independent of local power conditions, automatic lock- in and two signal circuits. The electrical circuits connecting the control panel, alarm stations and de- tector circuits shall sound in the event of failure on any of the electrical circuits. In addition, a remote trouble signal shall be provided in a corridor or other approved occupied area. The panel shall, be enclosed in a locked metal case, red in color. (d) Manual Pull Stations. Manual pull stations' shall be red in color, and located in each corridor of each story, basement or cellar, so that from each corridor door, not more than one hundred (100) feet will be transversed in order to reach a manual station. Stations shall be located as near as possible, and not more than five (5) feet from each stair exit. Where corridors are not pro- vided, manual stations shall be located so that no point in the building is more than one hundred (100) feet from a station. Manual stations shall be located at or near each exit from the building. The height of the manual stations shall be not more than five (5) feet and not less than four and one-half (4-1/2) feet, measured vertically from the floor level. (e) Sounding Devices. Alarm sounding devices shall be provided of such character and so distributed as to be effectively heard in every room above all other sounds. Visual and audible alarms shall be provided in occupancies housing the hard of hearing. Alarm sounding devices shall be distinctive in pitch and quality from all other sounding devices in the building. (f) Fire Detection Devices. Approved fire detection devices shall be installed in strict accordance with spacing ratings assigned by the approval agency listing the device and/or the spacing regulations provided in NFPA No. 72A. -8- Smoke or combustion detection devices shall have full electrical supervision to indicate internal component failure. (g) Annunciators. Fire alarm annunciators or zone indicator panels shall have power and wiring electrically super- vised, shall lock in on alarm until the system is manually reset, and shall be located as approved by the Fire Marshal. (h) Automatic Magnetic Door Holders Automatic magnetic door holders shall be installed on all fire or smoke barrier doors in corridors in a manner which will insure the doors automatically closing when the fire alarm system in the building is activated. (6) Existing Multiple Residence Dwellings. As to Multiple Residences, automatic fire detection and alarm systems provided or installed in an existing build- ing shall comply with the standards provided in this subdivision, provided that notwithstanding clause (5) (f) of this subdivision, fire detection devices shall be installed as follows: In all bedrooms or rooms for sleeping quarters, in a living, dining and kitchen combination room if a ceiling drop of less than 12 inches is used -- if a drop of more than 12 inches is used additional devices shall be installed. Detection devices shall be installed in all corridors at intervals not to exceed 50 feet, in all boiler rooms, laundry rooms, storage areas, fire towers and at the top of all elevator shafts and/or the locations noted in paragraph 3431, Chapter 3 of NFPA No. 72A. The fire detection devices shall be located in the rooms so that their operation will be least affected by structural characteristics of the protected area, possible drafts or other conditions affecting detector operation, which locations shall be subject to the approval of the Fire Marshal. (7) Testing. Ail such alarms and systems installed under this Code shall be subject to testing by the Fire Marshal or other -9- City Inspector before acceptance, and shall thereafter be tested annually t)y an agency approved by the City. Ail such annual tests shall be conducted in a manner approved by the Fire Marshal, pursuant to authority vested in him by NFPA No. 72A. (8) Existing Systems: Extension. If an existing automatic fire detection and alarm system is in conformity with the provisions of this Code, the system may be extended into new additions, providing the existing system is of sufficient capacity for the new expansion, and provided the existing system be re- furbished so that the completed system shall comply in every way with the Code. (9) Fee. There shall be payable at the time an application for a permit is submitted, a minimum fee of Five Dollars ($5), and One Dollar ($1) per One Hundred Dollar ($100) valuation of any system or fractional part thereof One Hundred Dollars ($100) in excess of Five Hundred Dollars ($500). (e) Section 13.307, is amended by adding new paragraphs to read as follows:- Automatic Signaling Systems. .... (1) Remote Station Protective Signaling Systems. There is hereby adopted by the City and incorporated into this Code for the purpose of prescribing standards for the installation, maintenance and use of remote station signaling systems, that certain code known as "Standard for the Installation, Maintenance and Use of Remote Station Protective Signaling Systems for Fire Alarm and Supervisory Service", prepared by the National Fire Protection Association, for general circu- lation and use as the same appears in a pamphlet entitled, "Remote Station Protective Signaling Systems, 1972 Edition" (hereafter referred to as NFPA No. 72C) save and ex- cept such portions as are hereafter modified or amended, of which Code three (3) copies have been marked "Official Copy" and filed for reference and inspection in the office of the Clerk-Treasurer. - 10- (2) Permit Required. No remote station signaling system shall be installed, where required or otherwise unless a permit shall first have been approved by the Fire Marshal. Such a ~.ermit may be issued upon furnishing evidence satisfactory to the Fire Marshal of compliance with the provisions of NFPA Pamphlet No. 72C, 1972 Edition. (3) Fee. There shall be payable at the time of submitting an application for approval, a minimum fee of Five Dollars ($5), plus an additional One Dollar ($1) per One Hundred Dollar ($100) valuation of a proposed system, or fractional portion thereof, in excess of Five Hundred Dollars ($500). 9.04 Fire Prevention Districts. Subd. (1) Storage of Flammable Liquids in Outside Above-ground Tanks. (a) The limit referred to in Section 16.22a of the AIA Fire preveniion Code in which s~orage of flammable liquids in outside above-ground tanks is prohibited, are hereby established as follows: All areas zoned "Single Family Residential, Townhouse, Retail Business, Limited Business, General Business, Multiple Family Residential." (b) The limits referred to in Section 16.61 of the AIA Fire Prevention Code, in which new bulk plants for flammable liquids are prohibited, are hereby established as follows: Ail areas zoned "Single Family Residential, Townhouse, Multiple Family Residential, Retail Business, Limited Business and General Business." Subd. (1) Bulk Storage of Liquified Petroleum Gases. The limits referred to in Section 21.6a of the AIA Fire Prevention Code, in which bulk storage of liquified petroleum gas is restricted, are hereby established as follows: Ail areas zoned "Single Family Residential, Townhouse, Multiple Family Residential, Retail Business, Limited Business and Genera] Business." - 11- 9.05 Permits and Modifications. Subd. (1) New Materials Requiring Permits. The Mayor, the Director and the Fire Marshal in charge of the Bureau of Fire Prevention shall act as a committee to de- termine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now. enumerated in this Code. The Fire Marshal shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons. Subd. (2) Appeals. Whenever the Director or Fire Marshal shall disapprove application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Fire Prevention Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Director or Fire Marshal to the Council 'within 30 days from the date of the decision appealed. Subd. (3) Permits For Certain Open Burning. (a) Open Burning Allowed. Open fires for recreational purposes (for example, fires for the cooking of foodstuffs or warmth; campfires, bonfires) or for the purpose of thawing frozen ground in connection with construction projects ("Coke Fires") ~. . .. shall be allowed in the City only upon issuance of a permit therefor by the Fire Marshal or Director. (b) _Open Burning Permits. (1) Conditions. Permits for open fires for recreational purposes or for the purpose of thawing frozen ground in connection with construction projects within the City shall be issued by the Fire Marshal or Director in accordance with regulations promul- gated by the City Manager only under such circumstances as may be allowed by the air pollution regulations as promulgated by the State air pollution standards and as may be allowed by such other sections of the City Code. The City Manager may condition the granting of such permits in such manner as is reasonable and appropriate. The violation of such conditions shall be a violation of this ordinance. - 12- (2) Application. Any person desiring a permit as required by this section shall make application therefor to the City Fire Marshal on such forms as the City Manager may prescribe. (3) Fees. (a) Recreational Purposes. The open burning permit for recreational purposes shall be issued without charge. (b) Thawing Purposes. The fee for each open burning permit for the purpose of thawing frozen ground shall be Five Dollars ($5). Subd. (4) Fees. Unless hereafter excepted, the fee for any permit required by the AIA. Fire Prevention Code, 1970 Edition, heretofore adopted by reference, shall be $10, except that the fee for. the initial year shall be Five Dollars ($5) if the effective date of the permit is after June I of the year in which the permit is issued. Subd. (5) Multiple Permits: May Be Combined. Whenever, under the provisions of this section, or other sections of this Code, more than one permit is required for the same location, such permits may be consolidated into a single permit. 9.06 Fire Control Costs. Every person, firm or corporation that is not a resident of the City or the owner of real property in the City subject to ~eal property taxes, shall be liable for all expenses incurred by the City in fighting or preventing the spread of, or extinguishing any fire caused by or resulting from his or its acts, negligence or omissions. The Fire Chief shall keep a record of the cost, including work done by fire-fighters and other City employees and equipment, and file the same with the Clerk-Treasurer. Thereupon, the Clerk-Treasurer shall bill the person, firm or corporation liable therefor, as above provided. No license of any person, firm or corporation liable for the expenses incurred in fire control as provided above, shall be re- newed if the licensee is in default in payment of any bill hereunder. - 13- 9.07 Penalties. Subd. (1) Any person who shall violate any of the provisions of this Code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such vio- lation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine. of not exceeding Three Hundred Dollars ($300) and by imprisonment for a period not exceeding 90 days. The im- position of one penalty for any violation shall not excuse the violation or permit it to continue; and all such.persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense for purpose of prosecution and sentencing. Subd. (2) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 9.08 R..epeal of Conflicting Ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Codes hereby adopted 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 this ] 2th day of , 1976. Edwar~]~ .~E-rickson, Mayor BettyZI~l~i6t, Clerk-Ti easurer (Published in the New Hope-Plymouth Post the 22nd day of April , 1976.) - 14- RESOLUTION CONSIDERING REZONING REQUEST DESIGNATED AS PLANNING CASE NO. 76-3 TO REZONE THE BURGER KING PROPERTY AT 7009 BASS LAKE ROAD FROM RETAIL BUSINESS TO GENERAL BUSINESS, AND DENYING SAME. 1. WHEREAS, Chapter 462 of the Minnesota Statutes authorizes the City Council with the aid and assistance of the City Planning Commission to carry on municipal planning activities which guide future development and improvement of our community, and 2. WHEREAS, Section 462.357 provides specific authorization for municipal regulations as planning relates to zoning and land use and authorizes the City to adopt ordinances establishing authorized and prohibited uses within different zoning districts, and 3. WHEREAS, the City has enacted a zoning ordinance and established permitted uses and provided for adjustments, special use permits and variances for the individual districts and for exercising the legislative power and right to rezone, where justified by the circumstances, and is attempting to plan and guide future development of the community in an orderly manner, protecting the rights of all of the citizens of the community, and 4. WHEREAS, Burger King Corporation has filed an application to rezone a parcel of land which was zoned in 1960 to permit the use which is now made of the property, together with variances which were required at the time of construction in order for the petitioner to utilize the property as it is presently used, and 5. WHEREAS, the Planning Commission on February 3, 1976 considered the Staff Findings and Comments dated February 3, 1976, the purposes of the Comprehensive Plan, and the arguments of the petitioner as incorporated in the minutes of the Planning Commission meeting of said date, which resulted in a recommended denial of the petition for rezoning, and 6. WHEREAS, the Council has carefully considered the unsworn pre- sentations made to it by applicant, and the comments of interested citizens at hearings, together with a review of its own minutes, and the minutes of the Planning Commission, and staff recommendations, all of which are incorporated hereby by this reference, including the following: Date Item February 3, 1976 Staff Findings and Comments February 3, 1976 Planning Commission Minutes February 9, 1976 Council Minutes 7. WHEREAS, to justify the use of the legislative power to rezone, the Council must find a mistake in the original zoning of the property in question, or that there has been a substantial change in the general land use concepts in the surrounding area, the Council makes the following: FINDINGS OF FACT 1. The area surrounding the site in question has developed substantially in accordance with the Comprehensive Zoning Plan of 1960, with the assistance of earlier variances granted to the petitioner for this particular site. Although the applicant, by Mr. James Hayes of Burger King, stated that he could not speak as to changes in the neighborhood, this Council makes its own findings on this point. 2. The petitioner stated that it had not expected to have to prove a need to rezone despite the uncontradicted statement of the City Manager that the appli- cant had been informed from the first that the drive-in window requested would make the restaurant an automobile type use, which is not permitted in the Retail Business zoning. 3. This Council finds that the proposed use as an automobile drive-up is not compatible as an accessory use in Retail Business zoning. 4. The applicant was afforded the opportunity to have additional time to obtain legal advice relative to the request for rezoning, which did not result in legal counsel being present at either the Planning Commission nor the City Council hearings. 5. This Council takes note of the opposition expressed by the neighbors, as well as the petition of approximately 130 signatures opposing the drive-up window, being concerned not only about the proposed use, but about the super- vision of the existing, permitted use. 6. This Council recognizes the statement of the petitioner that they might expect a 10% increase of their business volume with approximately 20 to 25% overall of their business using the new window, together with a statement that such use would benefit the profits of the petitioner, and to that extent the potential financial hardship to the petitioner is considered by this Council, but -2- this Council finds that the public interest in health, safety and welfare as represented by the municipal plan enbodied in the zoning ordinance is sub- stantial enough to overcome the basic constitutional right of the property owner to use its land as it chooses, particularly in view of the fact that it is now using its property as it had originally requested at the time variances to the municipal zoning code were granted at the time of the construction of the original building on the premises. The existing zoning code of the City of New Hope has ascertain- able standards to be applied to the exercise of the authority of the City in its zoning actions, which are also understandable standards as to property owners, and the petitioner has not met its burden to show that the original zoning ordinance was in error, particularly considering the variances granted to the petitioner initially, nor that there has been a material change in circumstances to justify the use of the legislative power of the City to rezone, as requested. The petition to rezone is hereby denied. Dated the ./z~~ day of April, 1976. // ~/ c Mayor Att~est: ~--~ / ~/]~erk-Treasurer -3- A RESOLUTION REQUESTING A CITY VOLUNTEER RECOGNITION PROGRAM WHEREAS, the members of many organizations serving as advisory com- missions or volunteers for the City provide a great deal of time and effort toward the betterment of the life style within the City of New Hope, and WHEREAS, the time spent by these good people is on a volunteer basis, and WHEREAS, the City Council of the City of New Hope wishes to express its sincere gratitude and appreciation on behalf of all residents of this City for these efforts, NOW, THEREFORE, BE IT RESOLVED, that the City of New Hope does request the editor of the New Hope-Plymouth Post to feature each organization in a newspaper article on a one per month basis until all of these volunteer organizations are recognized. FURTHER, BE IT RESOLVED, that this published recognition include the function, goals, and accomplishments of the organization and to highlight some of its members in order to provide a proper identification of the efforts and work done by these organizations. Adopted this 12th day of April, 1976. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET IMPROVEMENT NO. 309 (NEVADA AVE. NO. OF 27TH AVE. NO.) AND ORDERING ADVERTISEMENT FOR BIDS. City of New Hope, Minnesota BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That Plans and Specifications of proposed Street Improvement No. 309 of the City, heretofore prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have this day been approved by the City Council, and a copy thereof shall be placed on file in the office of ~the City 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 of said proposed improvement, said advertisement for bids to be in accord- ance with the form attached hereto and made a part hereof. Adopted by the Council this 12th day of April, 1976. / // Ej~'~J. Erickson, Mayor Attest: ~ ]~et~ouliot, Clerk-Treasurer (Seal) ORDINANCE NO. 76- 8 AN ORDINANCE AMENDING SECTION 10. 418, SUBD. (3) OF THE NEW HOPE CITY CODE EXTENDING THE INITIAL LICENSING PERIOD FOR EMPLOYEES OF LIQUOR DISPENSERS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 10.418, Subd. (3) of the City Code is amended to read as follows: Subd. (3) The annual license fee shall be $5.00 and shall be paid in advance. All licenses shall expire on June 30. Any license issued after January 1 of any year shall expire on.June 30 of the next year, and the $5.00 license fee shall apply for the entire initial license term, even though the period of time covered is more than one year. 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 ] 2th day of April , 1976. ' Betf~P/ouli~, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 22nd day of April , 1976.) RESOLUTION APPROVING CLASSIFICATION OF PROPERTY DESCRIBED ON CLASSIFICATION LIST NO. 650-C AS NON-CONSERVATION LAND AND APPROVING SALE THEREOF 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 1967 real estate taxes, which said list has been designated as Classification List No. 650-C and WHEREAS, each parcel of land described in said list has hereto- fore 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 nonconservation land be and the same is hereby ap- proved, and that the sale of each such parcel of land be and the same is hereby approved. Adopted by the Council of the City of New Hope this 12th day of April, 1976. ~(~~~-"~//  / /--~/z MayOr ATTEST ..... ~ I~rk-Treasu rer 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 April 12, 1976 and that the same is a true and correct copy of said original record, and that said Resolution was duly adopted by said City Council at said meeting. IN WITNESS whereof I have hereunto set my hand and seal this /~ day of RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SIDEWALK IMPROVEMENT NO. 298 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 Sidewalk Improvement No. 298 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 (10) . years, the first of said installments, together with inter- Est on the en~'i~e assessment from the date hereof to December 31, 19 77 · to be payable with general taxes payable in 19 77 , and one of each of the remaining installments, together with one y~interest on that and ail 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 .~pril , 19 76. ATTEST: ~ r-Cit2~ Clerk-Treasurer (SEAL) RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SIDEWALK IMPROVEMENT NO. 298-RES. 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 . _ Sidewalk Improvement No. 298-Res. against every assessable ~ot~ piece or parcel of 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 two (2) years, the first of said installments, together with inter- est O~-the e~t~re assessment from the date hereof to December 31, 19 77 , to be payable with general taxes payable in 19 77 , 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 ..i day of April .... , 19 76 - ATTEST: - ~t~ C't~rk-T~'e~surer (SEAL) 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 8, 1976 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 26th day of April, 1976. ~j~dward ~ickson, Mayor B~t~P~dliot, City Clerk-Treasurer RESOLUTION RELATING TO ADJUSTMENTS OF ACCOUNTS RECEIVABLE IN CONNECTION WITH TAX-FORFEITED LAND IN DEL HEIGHTS WHEREAS We have been informed by the Hennepin County Department of Finance and Records that on March 3, 1975 the State of Minnesota cancelled all special assessments outstanding against Plat 62247, Del Heights, Parcel 5400, Lot 2, Block 2, except road, as set forth below: Balance to Annual be Cancelled Total Prin- Int. Years 1967 and Improvement .... Cost -'cipal' Rt.% From,To thereafter Weed Destrn-74 $ 9.60 $ 9.60 - 1975 $ 9.60 Storm Sewer 76A 40.50 2.70 6% 1964-78 32.40 Street & Storm Sewer 265 562.50 56.25 ~% 1973-82 562.50 Storm Sewer 163 82.80 5.52 6% 1968-82 82.80 Lateral Sewer 248A 733.15 36.66 8% 1971-90 733.15 Sanitary Sewer Main Imp. #4 9.03 .45 6% 1958-77 4.95 Sanitary Sewer Main Imp. #ll 68.30 2.27 6% 1959-88 49.94 Sanitary Sewer Main .Imp. #7 45.97 1.53 6% 1959-88 33.66 Water Imp. 91 68.74 3.44 6% 1965-84 61.92 Water Lateral 34 627.75 31.39 6% 1962-81 470.85 Water Lateral 248A 150.00 7.50 8% 1971-90 150.00 ~'~,191.77 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 ~J day of _/~, / ..... , 1976. ..... ATTEST: ~Cl~F Cl erk-Treasurer (SEAL) RESOLUTION RELATING TO ADJUSTMENTS OF ACCOUNTS RECEIVABLE IN CONNECTION WITH TAX-FORFEITED LAND IN REGISTERED LAND SURVEY NO. 1205 WHEREAS. We have been informed by the Hennepin County Department of Finance and Records that on March 3, 1975 the State of Minnesota cancelled all special assessments outstanding against Plat 62332, Registered Land Survey No. 1205, Parcel 3000,. Tract B, as set forth below: Balance to Annual be Cancelled Total Prin- Int. Years 1967 and Improvement .... Cost "~cipal Rt~%"From-To thereafter Storm Sewer 271A-Res. $1.52 $1.52 8% 1974 $1.52 .NOW THEREFORE BE IT RESOLVED That the City of New Hope hereby strikes said special assessment 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 ~2J day of _~-yj ' , 1976, ATTEST: r (SEAL) MINNESOTA HIGHWAY SAFETY PROGRAM PROJECT FOR CORRECTING REGULATORY AND WARNING SIGN DEFICIENCIES IN ROADWAY SIGNING CITY OF NEW HOPE AGREEMENT TO PARTICIPATE WHEREAS, under the Federal Highway Safety ~ct of 1966, one of the objectives set forth by the Department of Transportation is the conformance of all traffic control devices to the National Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD); and WHEREAS, funds are available through the Federal Highway Administration for the replacement of non-standard devices; and WHEREAS, the City of New Hope, Minnesota is desirous of bringing the traffic control devices on streets and roads under its jurisdiction into conformance with National Standards; NOW, THEREFORE, (1) It is hereby agreed that the City of New Hope will comply with the conditions set forth in the Project Description and will remove, replace, or install all regulatory and warning signs necessary to comply with National Standards '(MUTCD) as determined through an inventory of inplace signs and a survey of needed additional signs. Such removal, replace- ment or installation to be done by the City of New Hope on all streets and roads under its jurisdiction and completed by January 1, 1977. (2) The State of Minnesota, Department of Highways, will review the work done and certify to the Federal Highway Administration satisfactory completion for reimbursement from available Federal Highway Safety Funds for 90% of the actual project cost of such work in accordance with conditions set forth in the Project Description and the estimate of costs. Ten percent (10%) of the project costs shall be paid by the City of New Hope. Reimbursement is applicable only to the work done on the non-Federal Aid portion of the street and road system by January 1, 1977. The amounts for reimbursement of materials shall be limited to costs of standard materials commonly used by the Minnesota Highway Department. Agreement for - 2 - Participation (3) The City of New Hope agrees to maintain all such sign installations in satisfactory condition. (4) Appendix "A" covering Federal Department of Transportation Regulations on non-discrimination and attached to this Agreement is an integral part of the Agreement and is to be complied with by Municipality. Minnesota Statutes 181.59 are herein incorporated in this Agreement by reference. CITY OF NEW HOPE 4× . _May°~ Manager/ Accepted by the Council of the City of New Hope, April 26, 1976. Acknowl edqment City of New Hope STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 26th day of April, 1976 by EDWARD J. ERICKSON and HARLYN G. LARSON, the Mayor and Manager, respectively of the City of New Hope, a municipal corporation of the State of Minnesota, on behalf of said municipal corporation. Notary Public, Hennepin County, Minn. <. APPEND IX A NON-DISCRIMINATION CLAUSES During the performance of this Agreement, the City of New Hope, for itself, its assignees in interest (hereinafter referred to as the "Municipality"), agree as follows: (I) Compliance with Regulations: The Municipality will comply with the regulations of the Department of Transportation relative to nondis- crimination in federally-assisted programs of the Department of Trans- portation (Title 49, Code of Federal Regulations~ Part 21~ hereinafter referred to as the Regulations), which are herein incorporated by re- ference and made a part of this Agreement. (2) Nondiscrimination: The Municipality, with regard to work performed bi it after award and prior to completion of the force account work, will not discriminate on the ground of race, color, or national origin including procurements of materials and leases of equipment. The Municipality will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations. (3) Solicitations for Procurements of ~aterials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Municipality for procurements of materials or equipment, each potential supplier shall be notified by the Municipality of the Municipality's obligations under this Agreement and the Regulations relative to non- discrimination on the ground of race, color or national origin. (4) Information and Reports: The Municipality will provide all informa- tion and reports required by the Regulations, or orders and instruc- tions issued pursuant thereto, and will permit access to its books, records, accounts~ other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information re- quired of a Municipality is in the exclusive possession of another who fails or refuses to furnish this information, the Municipality shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate; and shall set forth what efforts it has made to obtain the information. (5 Sanctions for Non-compliance: In the event of the Municipality non- compliance with the non-discrimination provisions of this Agreement, the State Highway Department shall impose such Agreement sanctions as it or the Federal Highway Administration may determine to be appro- pr ate, including, but not limited to: (a Withholding of payments to the Municipality under the Agreement until the Municipality complies, and/or b Cancellation, termination, or suspension of the Agreement, in whole or in part. MINNESOTA HIGHWAY SAFETY PROGRAM PROJECT FOR CORRECTING REGULATORY AND WARNING SIGN DEFICIENCIES APPLICATION FOR PARTICIPATION It is our intent to proceed with a project to correct regulatory and warning sign deficiencies on streets and roads under the jurisdiction of The City of New Hope (County or Municipality) In support of this application, there are attached copies of SUMMARY OF SIGN NEEDS, POST NEEDS, INSTALLATION COST. Estimated cost are as follows: Non-F.A. System F.A. System (Reimbursable) (Non-reimbursable) Summary of Sign Needs $5,010.29 Estimated Post Needs 1,709.28 Estimated Installation Costs 1,807.50 TOTALS $8,527.07 Authorization to proceed under the conditions outlined in the PROJECT DESCRIPTION is requested, pursuant to attached executed AGREEMENT TO PARTI CI PATE. MINNESOTA HIGHWAY SAFETY PROGRAM PROJECT FOR CORRECTING REGULATORY AND WARNING SIGN DEFICIENCIES City of New Hope /' Non F.A. System -('Couhty or Munic'ip~lity) (Date) "(F.A. or NOh-F.A. Syst~~' SUMMARY OF S!GNNEEDS Unit Total Sign Type Size Quantity Cost Cost STop Ri- 1 30't 224 20.17 4,518.08 Pedestrian Crossing Wll-2 30"x 30" 6 15.56 93.36 Dead End W14-1 30"x 30" 7 15.56 108.92 Yield R1-2 30" 1 15.88 15.88 Speed Limit R2-1 24 x 30 3 13.03 39.09 4 Way Stop R1-3 12"x 6" 88 2.67 234.96 : 5,010.29 ESTIMATED POST'NEEDS Unit Total Type and Size Quantity Cost Cost 2.75# x 8' 144 6.70 964.80 2.00# x 8' 144 5.17 744.48 1,709.28 ES%IMATED COST OF INSTALLATION Per Sign Personnel costs "4".50 Other direct costs (fastening materials, use of vehicle and equipment) 3.00 Total per sign --~~ Total Cost 241 signs @ 7.50 = 1,807.50 TOTAL ..... $8,527.07 RESOLUT ION URGING THE APPOINTMENT OF W. PETER ENCK TO THE METROPOLITAN COUNCIL WHEREAS, there is now a vacancy in membership on the Metro Council due to the resignation of Ms. Alice Kreber from District #10, and WHEREAS, the Metro Council will become involved with local government to a much greater degree than in the past due to the need to implement the requirements of the new mandatory planning bill, and WHEREAS, it is most important that the concerns, fears and expectations of local officials be considered in the implementation and administration of both this bill and the many other activities of the Council as they affect local government, and WHEREAS, it is most important that the new member from the Tenth District be a person with experience in local government in order that this most necessary pers- pective be provided on the Council, and WHEREAS, Mr. W. Peter Enck, is now serving as a Councilman for the City of New Hope, and WHEREAS, Mr. Enck has demonstrated the ability to fairly evaluate issues as they are presented for policy decisions and has served on committees of the AsSociation of Metropolitan Municipalities dealing with the concept and responsibilities of the Metro- politan Council, and WHEREAS, Mr. Enck would be an outstanding addition to the Metropolitan Council and would serve it well as a member; NOW, THEREFORE, BE IT RESOLVED, by the City Council' City of New Hope, Minnesota, that Governor Anderson is hereby urged to consider the appointment of Councilman Enck to the Metropolitan Council as the representative of District #10, based on Mr. Enck's experience and proven ability in local policy making and in recogni- tion of the need for additional local governmental experience on the Metropolitan Council. Adopted this 26th day of April, 1976.~ ~ ATTEST: '~X~l erk-Treasurer ~ ~yor A RESOLUTION URGING ACTION ON THE BASSETT CREEK FLOOD CONTROL PROJECT WHEREAS, The Bassett Creek Flood Control Commission has com- pleted the basic planning work needed to develop a plan for overall flood control within the Bassett Creek drainage area, and WHEREAS, development of a new storm sewer outlet in an area now included in plans for the construction of a segment of the interstate highway system by the Minnesota Highway Department in downtown Minneapolis is a vital element in the flood control plan, ~_..~t WHEREAS, if the plans for the highway and the storm sewer can be coordinated and an oversized storm sewer pipe placed as part of the highway construction, savings of between 6 and I0 mill ion dollars will be realized, and WHEREAS, this project is under review by the U. S. Army Corps of Engineers for financing in a process that normal l y takes up to a year and a half before the matter will be before Congress for consideration, and WHEREAS, there apparently is a procedure whereby the House Committee on Public Works can bring this project directly to them for consideration, NOW% THEREFORE, BE IT RESOLVED, by the City Council. City of New Hope, Minnesota that the Congressional represent- atives of the Bassett Creek drainage area hereby are requested to assist in whatever way possible to urge and to obtain the agreement of the Committee on Public Works to have the feasibility report for flood control for the Bassett Creek watershed in Hennepin County, Minnesota pul led from the division offices of the U. S. Corps of Engineers for immediate consideration by Congress. Adopted this 26th day of April, 1976. ATTEST: ~~'~ ~-~N~/d I erk-Treasu rer CERTIFICATION OF MINUTES RELATING TO $1,270,000 GENERAL OBLIGATION REFUNDING BONDS Issuer: City of New Hope, Minnesota Governing body: City Council Kind, date, time and place of meeting: a regular meeting held on Monday, May 10, 1976, at 8:00 o'clock P.M. at the City Hall. Members present: Ericks0n, Enck, Herman, H0kr, Plufka Members absent: None. Documents attached: Minutes of said meeting (pages): 10 RESOLUTION AUTHORIZING, SELLING AND ESTABLISHING THE TERMS OF $1,270,000 GENERAL OBLIGATION REFUNDING BONDS, CREATING A SINKING FUND THEREFOR,. AND PROVIDING FOR THEIR PAYMENT I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they' have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all docu- ments approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 10th day of May , 1976. ~ Signature Betty Pouliot, City Clerk-Treasurer (SEAL) Name and '.T-i~lJ The Clerk-Treasurer presented affidavits showing publica- tion in the official newspaper and in Commercial West of the Notice of Sale of $1,270,000 General Obligation Refunding Bonds of the City, bids for which were to be considered at this meeting. The affidavits were examined, approved and ordered placed on file. The Clerk-Treasurer reported that three sealed bids for the purchase of the bonds had been received at or before the time stated in the Notice of Sale for the opening of bids, and the bids had then been opened and recorded in the manner stated in the Notice. The Clerk-Treasurer then presented a bid tabulation sheet setting forth those bidders whose proposals were found to conform to the Notice of Sale and to be accompanied by the required security, and the purchase price under the terms of each bid. After consideration of said bids, Councilman P]ufka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING, SELLING AND ESTABLISHING THE TERMS OF $1,270,000 GENERAL OBLIGATION REFUNDING BONDS, CREATING A SINKING FUND THEREFOR, AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by Councilman H0kr , and upon vote being taken thereon, the following voted in favor thereof: £rick$0n, Herman, Hokr, Plufka and the following voted against the same: None whereupon said resolution was declared duly passed and adopted and was signed by the Mayor and attested by the City Clerk-Treasurer. (Page . Extract Book). 1 (Page· . Extract Book) RESOLUTION AUTHORIZING, SELLING AND ESTABLISHING THE TERMS OF $1,270,000 GENERAL OBLIGATION REFUNDING BONDS, CREATING A SINKING FUND THEREFOR, AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: Section 1. Authorization and Sale. 1.01 By resolution duly adopted April 12, 1976, this Council found that it would be-in the best interests of the City to adver- tise for the sale of $1,270,000 General Obligation Refunding Bonds, the proceeds to be used, together with any additional funds of the City which might be required, to refund in advance of maturity the outstanding $900,000 principal amount of General Obligation Ice Arena Bonds, dated October 1, 1974, $105,000 Improvement Bonds of 1974, dated October 1, 1974 and $265,000 Park Bonds of 1969, dated October 1, 1969, of the City (hereinafter referred to as the "Refunded Bonds"). 1.02 Notice of sale of $1,270,000 General Obligation Refund- ing Bonds (hereinafter referred to as the "Bonds"), has been duly published, and the Council has publicly considered all sealed bids presented in conformity with the notice. The most favorable of such bids (being the bid of the lowest net interest cost on the issue) is ascertained to be that of Dain, Kalman &Quail, Incorpor~ed (Ac¢ou~ Manager) of Minneapolis , Minnesota , and associates, to purchase the Bonds at a price of par plus accrued interest plUs a premium of $ 158.77 , and upon the further terms and conditions set forth in this resolution. It is hereby found that by acceptance of said bid, and the refunding of the Refunded Bonds in accordance with the procedures set forth-in Minnesota Statutes, Section 475.67, as amended, the interest cost to the City can be substantially reduced from a combined average net interest rate of 6.51% for the Refunded Bonds to 5.994% for the Bonds. It is therefore found to be in the best interests of the City to accept said bid. In addition, it is hereby found that the average annual net interest rate of the Bonds, computed to their stated maturity dates (and adding the expenses of the refunding to the dollar amount of interest on the Bonds), is lower by at least one-fourth of one percent per annum than the combined average annual net interest rate of the Refunded Bonds, computed to their stated maturity dates. 1.03 The Mayor and City Clerk-Treasurer are directed to exe- cute in duplicate a contract on the part of the City for the sale of the Bonds in accordance with the proposal described in Section 1.02 hereof, and to deliver a duplicate to the purchasers. The City Clerk-Treasurer is directed to retain the purchasers' check -2- securing the contract of sale until the BondS are delivered and the purchase price is paid, and to return the checks securing other bids to the respective bidders. Section 2. Bond Terms, Execution and Delivery. 2.01 The Bonds shall be designated General Obligation Refund- ing Bonds, shall be dated June 1, 1976, shall be issued in the denom- ination of $5,000 each, numbered serially from 1 to 254, inclusive, (unless, within forty-eight (48) hours following the adoption of this resolution, the successful bidder identified in Section 1.02 hereof, requests that the Bonds be issued in different denominations, in which case the Bonds shall be issued in the denominations set forth in such request) shall mature serially on January 1 in the respective years and amounts stated below and shall bear interest from date of issue until paid or duly called for redemption at the respective annual rates set forth opposite such years and amounts, as follows: Interest Interest Year Amount Rate Year Amount Rate 1977 $65,000 5.75% 1986 $60,000 §.60% 1978 70 , 000 5.75% 1987 60,000 §.75% 1979 70,000 5.75% 1988 65,000 5.90% 1980 75 , 000 5.75% 1989 65,000 6.00% 1981 75,000 5.75% 1990 65,000 6.1§% 1982 80,000 5.75% 1991 65,000 6.30%. 19 83 85,000 5.75% 1992 65 , 000 6.30% 1984 90,000 5.50% 1993 65,000 6.40% 1985 85,000 5.50% 1994 65,000 6.40% 2.02 The Bonds maturing in the years 1977 through 1985 shall not be subject to redemption before maturity. The Bonds maturing in the years 1986 through 1994 shall each be subject to redemption and prepayment at the option of the City on January 1, 1985, and on any interest payment date thereafter, in inverse order of their serial numbers, at a price of par plus accrued interest. Notice of redemption identifying the Bonds to be redeemed shall be published at least once not less than thirty days prior to the date fixed for redemption in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the State of Minnesota and furnishes financial news as a part of its service. 2.03 The interest on the Bonds shall be payable semiannually on each January 1 and July 1, commencing on January 1, 1977. The principal of and interest on the Bonds shall be payable at Northwestern National Bank of Minneapolis (Main Office) , in Minneapolis , Minnesota , which is designated as paying agent, or in the event of its resigna- tion, removal or incapability of acting as paying agent, at the office of such successor paying agent as may be appointed by the City. -3- 2.04 The Bonds, appurtenant interest coupons and certifica- tion of legal opinion shall be in substantially the following form with such insertions therein, changes thereof or deletions therefrom as may be required to conform the Bonds and appurtenant interest coupons to the provisions of this Resolution: -4- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE GENERAL OBLIGATION REFUNDING BOND NO. $5,000 KNOW ALL MEN BY THESE PRESENTS that the City of New Hope, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer upon presentation and surrender of this bond the sum of FIVE THOUSAND DOLLARS on the first day of January, 19 , or, if this bond is redeemable as provided below, then on a date prior thereto on which it has been duly called for redemption, and to pay interest on said principal sum from the date hereof until said principal sum is paid, or, if this bond is redeemable, until it has been duly called for redemption, at the rate of ( %) per annum. Interest hereon is payable semiannually on January 1 and July 1 of each year, commencing on January 1, 1977, interest to maturity being payable in accordance with and upon presentation and surrender of the inter- est coupons appurtenant hereto. Both principal of and interest on this bond are payable at , in , , in any coin or currency of the United States of America which on their respective dates of payment is legal tender for the payment of pub- lic and private debts. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith, credit and taxing powers of the City have been and are hereby irrevocably pledged. This bond is one of an issue in the total principal amount of $1,270,000, all of like date and tenor except as to serial number, maturity date, interest rate and redemption privilege, issued for the purpose of refunding a like principal amount of valid outstand- ing bonds of the City, being $900,000 General Obligation Ice Arena Bonds, dated October 1, 1974, $105,000 Improvement Bonds of 1974, dated October 1, 1974 and $265,000 Park Bonds of 1969, dated October 1, 1969, pursuant to and in full conformity with the provi- sions of the Constitution and laws of the State of'Minnesota thereunto enabling, including Chapter 475, Minnesota Statutes, as amended. Bonds of this issue maturing in the years 1977 through 1985 are payable on their respective stated maturity dates without option of prepayment, but bonds having stated maturity dates in the years 1986 through 1994 are each subject to redemption and prepayment at the option of the City and in inverse order of serial numbers on January 1, 1985, or on any interest payment date thereafter, at a price of par and accrued interest. Notice of redemption identifying the bonds to be redeemed will be published at least once not less than thirty days before the date fixed for redemption in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area, which circulates throughout Minnesota and carries financial news as a part of its service. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this bond, in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed in regular and due form, time and manner as so required; that each and all of the bonds refunded by this issue mature or have been duly called for redemption and prepay- ment on or prior to January 1, 1986, and the City has appropriated the proceeds of the bonds of this issue, together with such other legally available funds of the City as may be required, and has invested such moneys in securities issued by the United States or its agencies as prescribed by Section 475.67, Minnesota Statutes, in such amounts, maturing on such dates, and bearing interest at such rates as are required to provide funds sufficient to pay all principal and interest and redemption premiums due on the refunded bonds on or before January 1, 1986, and has irrevocably placed such funds and securities in escrow for this purpose; that the bonds are payable primarily from special assessments and ad valorem taxes levied upon all taxable property within the City for the years and in aggregate amounts not less than 5% in excess of sums required to pay such prin- cipal and interest when due, and additional taxes, if necessary, to make good any deficiency, may be levied without limitation as to rate or amount; and that the issuance of this bond does not cause the indebtedness of the City to exceed any constitutional or statu- tory limitation. IN WITNESS WHEREOF the City of New Hope, Hennepin County, Minnesota, by its City Council, has caused this bond to be executed in its behalf by a facsimile signature of ~he Mayor, attested by the manual signature of the City Manager, sealed with a facsimile of its official seal, and has caused the interest coupons appurtenant hereto and the certificate appearing on the reverse side hereof to be exe- cuted and authenticated by the facsimile signatures of said officers, and has ca~ed this bond to be dated as of June 1, 1976. J ' Mayor (SEAL) (Form of Coupon) No. $ Unless the bond described below is subject to and has been duly called for earlier redemption, on the first day of January (July), 19 , the City of New Hope, Hennepin County, Minne- sota, will pay to bearer at , in , , the amount shown hereon in lawful money of the United States of America, for the interest then due on its General Obligation Refunding Bond, dated as of June 1, 1976, No. . (Facsimile signature) (Facsimile signature) City Manager Mayor (Form of certificate to be printed on the reverse side of each bond, following a full copy of the legal opinion) We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of bonds of the City of New Hope, Hennepin County, Minnesota, which includes the within bond, dated as of the date of delivery of and payment for the bonds. (Facsimile signature) (Facsimile signature) City Manager Mayor 2.05 The Bonds shall be prepared under the direction of the City Manager and shall be execute~ in behalf of the City by the signatures of the Mayor and City Manager (one of such signatures may be a facsimile), and by affixation of a facsimile of its offi- cial seal, and the interest coupons thereto attached shall be exe- cuted and authenticated by the printed, engraved or lithographed facsimile signatures of said Mayor and City Manager. On the reverse side of each Bond will be printed a copy of the approving opinion to be rendered by bond counsel, certified by the facsimile signa- tures of the Mayor and City Manager. After the Bonds have been so signed and certified, the City Clerk-Treasurer shall thereupon de- liver the same to the purchaser thereof upon receipt of the purchase price heretofore agreed upon, and the purchaser shall not be obli- gated to see to the application of said purchase price. Section 3. Use of Bond Proceeds and Accrued Interest. 3.01 The proceeds of the Bonds, including any premium and accrued interest, are irrevocably appropriated, together with such additional sum as may be required from funds now on hand, for the payment and redemption of the outstanding Refunded Bonds at their respective maturities or at the earliest date hereinafter specified for the redemption thereof, and for the payment of interest to be- come due on such Refunded Bonds on or before the respective dates on which they are to be paid and redeemed. The City Clerk-Treasurer is hereby authorized and directed, simultaneously with. the delivery of the Bonds, to deposit the proceeds thereof, including any premium and accrued interest, and any additional sum which may be required, in escrow with Northwestern NationalBank of Minneapolis , in Minneapolis , Minnes~a , a banking institution whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000, and shall invest the funds so deposited in securities authorized for such purpose by Section 475.67, subdivision 8, as amended, maturing on such dates and bear- ing interest at such rates as are required to provide funds suffici- ent, with cash retained in the escrow account, to pay when due the interest to accrue on the Refunded Bonds being refunded to their respective maturity dates or the date hereinafter designated for their earlier redemption and prepayment, and to pay the principal amount of each of said Refunded Bonds at maturity or at the date hereinafter designated for the redemption and prepayment thereof. The Mayor and City Clerk-Treasurer are hereby authorized to enter into an escrow agreement with said Bank establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67, as amended. Section 4. Sinking Fund and Tax Levies. 4.01 The Refunded Bonds, including interest and premium there- on, will be payable primarily from the escrow account established and irrevocably appropriated for such purpose as of the date of delivery of the Bonds; therefore, so long as the escrow account is maintained as provided in the escrow agreement, the ad valorem taxes'and special assessments originally levied for payment of the Refunded Bonds will not be required for said purpose and the special assessments shall be available for appropriation to the 1976 Refund- ing Bond Account established pursuant to Section 4.02 hereof. The Clerk-Treasurer is hereby directed to annually, on or before October 10 of each year, commencing in 1976, request the cancella- tion 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, however, that if the amounts derived under the escrow account are for any reason insufficient to pay the principal, premium and interest on the Refunded Bonds, an amount of ad valorem taxes shall be levied equal to the amount of any such deficiency. 4.02 The Bonds shall be payable from the 1976 Refunding Bond Account of the City to be established and maintained by the City Clerk-Treasurer as an account separate and apart from all other funds of the City for so long as any of the Bonds are outstanding and unpaid. Moneys in this Account shall be used solely to pay the principal of and interest on the Bonds as such becomes due, and the -8- principal of and interest on such other general obligation bonds of the City, issued pursuant to Minnesota Statutes, Chapter 475, as the City shall by resolution designate. If any payment of principal of or interest on the Bonds shall become due when there is not suf- ficient money in the Account to make such payment, the City Clerk- Treasurer shall advance the amount required from the general fund of the City, and the general fund shall be reimbursed for such ad- vances out of the next taxes thereafter collected for payment of the Bonds. There shall be deposited in said Account (i) all present funds on hand in the respective sinking funds established by the resolutions adopted by the City for each issue of Refunded Bonds, except so much thereof as may be appropriated to the escrow account referred to in Section .4.01; (ii) all future collections of install- ments of special assessments levied with respect to the improvements financed by the issuance of the Improvement Bonds of 1974; and (iii) the collections of any taxes levied pursuant to Section 4.03 hereof and any other funds appropriated by the City Council for pay- ment of the Bonds. 4.03 Interest and principal on the Bonds due January 1, 1977, shall be payable out of the taxes heretofore levied during 1975 and collectible during the year 1976, for the Refunded Bonds; provided, however, that should such amounts be insufficient to pay interest and principal on the Bonds due January 1, 1977, the City Clerk- Treasurer shall advance an amount equal to such deficiency from the general fund of the City, and the general fund shall be reimbursed for such advance out of the next taxes thereafter collected for pay- ment of the Bonds. Thereafter, in order to produce sums annually for the 1976 Refunding Bond Account which, together with future col- lections of installments of special assessments levied with respect to the improvements financed by the issuance of the Improvement Bonds of 1974, will not be less than 5% in excess of the amount needed to meet when due the principal and interest payments on the Bonds, there is hereby levied a direct, annual ad valorem tax to be spread upon the tax rolls for the years and in the amounts as follows, and collected with and as a part of other general taxes of the City in the respective ensuing years: Levy Collection Levy Collection Year Year Amount Year ~Year Amount 19 76 1977 $135,500 1985 1986 $95,400 1977 1978 131,900 1986 19 87 97,000 19 78 1979 133,800 1987 1988 93,100 19 79 1980 129,800 19 88 1989 89,800 1980 1981 ' 131,000 1989 1990 85,800 19 51 19 82 132,100 1990 199 1 81, $00 1982 1983 132,800 1991 1992 78,900 19 83 1984 130,000 1992 199 3 ?2,700 1984 1985 98,900 Said taxes shall be irrepealable so long as any of the Bonds are out- standing and unpaid, provided that the City reserves the right and -9- power to reduce the levy in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, as amended. Section 5. Redemption of Refunded Bonds, Certification of Proceedings and Arbitrage.. 5.01 The City Clerk-Treasurer is hereby authorized and directed forthwith to call for redemption and prepayment on January 1, 1981, all of the Park Bonds of 1969 which have stated maturity dates in the years 1982 through 1985, at a price of par and accrued interest in accordance with the provisions thereof; and on January 1, 1986, all of the General Obligation Ice Arena Bonds and the Improvement Bonds of 1974 which have stated maturity dates in the years 1987 through 1994, at a price of par plus accrued interest in accordance with the provisions thereof. Notice of the redemption of said bonds shall be published in accordance with the terms of the resolutions authorizing the issuance of the bonds. 5.02 The City Clerk-Treasurer is directed to file With the County Auditor of Hennepin County a certified copy of this resolution, and to obtain from the County Auditor a certificate stating that the Bonds have been entered on his bond register as required by law. 5.03 The officers of the City and said County Auditor are authorized and directed to prepare and furnish to the purchasers of the Bonds, and to bond counsel, certified copies of all proceedings and records of the City relating to th'e authorization and issuance of the Bonds and the refunding of the Refunded Bonds and such other affidavits and certificates as may reasonably be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the officers' books and records or are other- wise known to them. All such certified copies, certificates and' affidavits, including any heretofore furnished, constitute representa- tions of the City as to the correctness of the facts recited therein and the actions stated herein to have been taken. 5.04 The Mayor, City Manager and the Clerk-Treasurer, being the officers of the City charged with the responsibility for issuing the obligations pursuant to this resolution, are authorized and directed to execute and deliver to the purchaser a certification in order to satisfy the provisions of Section 1.103-13 and Section 1.103-14 of the amended Income Tax Regulations (26 CFR Part 1) pub- lished in the Federal Register, May 5, 1973 and December 3, 1975. Such certification shall state that on the basis of the facts, esti- mates and circumstances in existence on the date of issue and delivery of the Bonds as therein set forth, it is not expected that the pro- ceeds of the Bonds will be used in such a manner that would cause the Bonds to be arbitrage bonds, and the certification shall further state that to the best of the knowledge and belief of the certifying officers there are no other facts, estimates or circumstances that would materially change such expe~tion. /~ Mayor Attest: ~~~-Treasurer RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF STREET IMPROVEMENT NO. 309 (NEVADA AVENUE NORTH OF 27TH AVENUE NORTH) City of New Hope, Minnesota BE IT RESOLVED by the City Council of the City of New Hope, Minnesota as follows: 1. That bids for the construction of Street Improvement No. 309 were duly opened at the City Hall, 4401 Xylon Avenue North, at 10 o'clock A.M., C.D.S .T. on the 7th day of May, 1976, as heretofore authorized by the Council. 2. That advertisement for bids for the construction of said improve- ment was published in the New Hope-Plymouth Post, the official newspaper of the City, on April 15 and 22, 1976; and in the Construction Bulletin on April ]6th and 23rd , 1976. 3. It is hereby found and determined by this Council that the bid of Matt Bullock Contracting Co., Inc. in the amount of $25,408.50 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 approval of the said Iow bid, and the award of the contract for. construction to the said Iow bidder, and this Council does hereby award the contract for said construction to Matt Bullock Contracting Co., Inc. 4. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement, subject to said contractor furnishing a public contractor's surety bond, conditioned as required by law. Dated the 10th day of May, 1~.~ ~ ¢~~' Edw~/J. Erickson, Mayor (Seal) RESOLUTION CONSIDERING PLANNED UNIT DEVELOPMENT PROPOSAL DESIGNATED AS PLANNING CASE NO. 76-9 FOR A DUPLEX ON MR ZONED PROPERTY AT 4601 XYLON AVENUE NORTH, AND DENYING SAME. 1. WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City Council with the aid and assistance of the City Planning Commision to carry on municipal planning activities which guide future development and improve- ment of our community, and 2. WHEREAS, Section 462.357 provides specific authorization for municipal regulations as planning relates to zoning and land use and authorizes the City to adopt ordinances establishing authorized and prohibited uses within different zoning districts, and 3. WHEREAS, the City has enacted a zoning ordinance and established permitted uses and provided for adjustments and for planned developments which authorize certain modifications of the City zoning and subdivision regulations upon review by the Planning Commission and the City Council, providing that the Planning Commission and Council find that the proposed development is fully consistent with the purposes of the zoning ordinance, and 4. WHEREAS, R. Middlemist has filed an application for approval of a planned development at 4601 Xylon Avenue North, consisting of the construction of a duplex on premises zoned for Multiple Residence, and 5. WHEREAS, the Planning Commission on March 2, 1976 considered the Staff Findings and Comments dated March 2, 1976, the purposes of the Comprehensive Plan, the arguments of the petitioner as incorporated in the minutes of the Planning Commission meeting of said date, which resulted in a recommended denial of the application, and 6. WHEREAS, the Council has carefully considered the unsworn pre- sentations made to it by applicant, and the comments of interested citizens at hearings, together with a review of its own minutes, and the minutes of the Planning Commission, and staff recommendations, all of which are incorporated herein by this reference, including the following: Date Item March 2, 1976 Staff Findings and Comments March 2, 1976 Planning Commission Minutes March 8, 1976 Council Minutes 7. WHEREAS, by City Ordinance (4.23, Subdivision 9) to approve a planned development, the Council, following review and recommendations by the Planning Commission, must find that the proposed development is fully consistent with the purposes of this ordinance, and the Council makes the following: FINDINGS OF FACT A. Although allegations were made as to excessive costs of construction due to soil conditions, no information was furnished as to the actual estimated cost of placing the house on the lot in such a manner that the entire lot would be utilized. B. Because of the unusual depth of the lot, this Council finds that the location of the proposed duplex on the lot is unsatisfactory. C. Because of the character of the single-family residential parcels nearby and the existing architectural format, the two-story duplex proposed would be incompatible with the nearby single-family residences. D. That the de facto division of the lot by the proposed placement of the duplex would not be compatible with the land use plan of the City. E. That considering these factors, the proposed Planned Unit Develop- ment does not meet the intent of the zoning of the lot in question, or of the Planned Unit Development and is a poor use of the lot and is not compatible aesthetically with the adjacent single-family area. Application denied. Dated the 10th day of May, 1976. / [VIayor Attest: ICl~-Treasurer -2- ORDINANCE NO. 76- 9 AN ORDINANCE DELETING SECTION 10. 410 (10) OF THE CITY CODE RELATING TO THE KEEPING OF POOL OR BILLIARD TABLES IN PREMISES WHICH HAVE ON SALE INTOXICATING LIQUOR LICENSES. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 10.410 (10) is hereby amended by deleting the following: Subd. (10) No pool or billiard tables or bowling alley shall be kept or used in any "on sale" premises. 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 , 1976. ./ Ed~zai-d J. Erickson, Mayor ~~ouliot, Clerk~-Treasurer (Published in the New Hope-Plymouth Post the 3rd day of June , 1976.) A RESOLUTION PROVIDING AUTHORIZATION FOR REPRESENTATION IN JOINT PUBLIC WORKS NEGOTIATIONS FOR 1977 WITH I.U.O.E., LOCAL N0.49 BE IT RESOLVED, that the City Council, City of New Hope hereby authorizes the committee which has been established by MAMA, with Barkley Omans as Chairman, to serve as the representative of the City of New Hope, in public works negotia- tions with I.U.O.E., Local No. 49 for 1977. BE IT FURTHER RESOLVED, that the Committee is authorized to represent the City of New Hope, in the areas of wages and Master Contract language. Adopted by the Council this 24th day of May, 1976. /xx Edwar~ =E~ickson, Mayor ATT E ST :~~ ~z~Zo~ I iot, C I-eF~I~-Treasu rer ORDINANCE NO. 76-]0 AN ORDINANCE AMENDING SECTIONS 2.70 THROUGH 2.78, INCLUSIVE, OF THE CITY CODE RELATING TO NEW HOPE VOLUNTEER FIRE DEPARTMENT AND FIRE PREVENTION. City Of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Sections 2.70 through 2.78, inclusive, of the City Code are amended to read as follows: 2.70 VOLUNTEER FIRE DEPARTMENT AND FIRE PREVENTION 2.71 Establishment. The City shall maintain a Volunteer Fire Department. The Depart- ment shall be responsible to the Fire Chief who shall be an employee of the City having a position in the classified service. The Volunteer Fire Department shall consist of volunteer personnel as follows: an Assistant Chief, an Engineer and such Captains and Lieutenants as deemed necessary by the Chief, and not less than 10 nor more than 45 firefighters. 2.72 Election of Officers. The Assistant Chief, Captains and Lieutenants shall be elected annually by members of the Department, subject to confirmation by the Council. They shall hold office for one year 'and until their suc- cessors have been duly elected, except that they may.be removed by the Council for cause and after a public hearing. Probationary fire- fighters shall be appointed by the Fire Chief. Firefighters shall continue as members of tile Department during good behavior and by complying with the rules and regulations of the Department, and may be removed by the Council only for cause and after a public hearing. 2.73 Fire Prevention. The City Fire Marshal, who shall be an employee of the City having a position in the classified service in tile' Bureau of Fire Prevention, shall cooperate with the Fire Department in such manner as the Director of Protective Inspections shall require, with primary responsibility for the enforcement of all ordinances aimed at fire prevention. 2.74 Fire Chief. The Chief shall have control over all firefighting apparatus and shall be solely responsible for its care and condition. He shall make an annual report to the Council at its first meeting in February of each year for the p(~-~'iod of the previous calendar year. The re- port shall be a comprehensive report of the activities of the Fire Department, its needs and conditions of all Fire Department apparatus. He may submit additional reports and recommendations at any meeting of the Council, and he shall report the suspension by him of a member of the Fire Department at the first meeting of the Council following such suspension. He shall be responsible for the proper training and discipline of the members of the Fire Department, and may suspend any for refusal or neglect to obey orders pending final action by the Council on his discharge or retention. In the absence or disability of the Chief', the Assistant Chief of the Fire Department shall perform ail the functions and exercise all of the authority of the Chief on a temporary basis. In the absence of the Chief and the Assistant Chief, other designated officers of the Department shall perform, on a temporary basis, all the functions and exercise all of the authority of the Chief. The assumption of such temporary authority and responsibility shall be as a member of the Volunteer Fire Department, and shall not be construed as a position in the classified service. 2.75 Records. The Chief shall keep in convenient form a complete record of all fires. Such record shall include the time of the alarm, location of the fire, cause of fire (if known), type of property, name of owner and tenant, purpose for which occupied, estimate of loss of property and contents, members of the Department responding to the alarm, and any other information as he may seem advisable or as may be required from time to time by the Council or State Fire Marshal's Office. 2.76 Volunteer Firefighters. Subd. (1) Qualifications. Ail applicants for membership shall be not less than eighteen (18) nor more than thirty-five (35) years of age and able-bodied. They shall maintain a probationary membership status for no less than a twelve (12) month period and shall not be accepted as regular firefighters until they have -2- satisfactorily completed the required training. The Council may require that each candidate, before he may become a probationary firefighter, must satisfy certain minimum re- quirement qualifications which may be specified by the Council, and that he must pass a satisfactory mental and physical examination. The Chief shall have the authority to revoke membership of any probationary member for failure to comply with the current rules and regulations of the Department. Subd. (2) Loss of Membership. Firefighters absent from three consecutive training drills or alarms unless excused by the Chief shall forfeit membership in the Department. Subd. (3) ,C. qm. pe.nsatio, n. Members and officers of the Fire Department shall receive compensation as determined by resolution of the Council. Subd. (4) Relief Association. Members and officers of the Fire Department shall organize themselves into a Firemen's Relief Association. 2.77 Training Drills. It shall be the duty of the Chief to provide scheduled training sessions and to provide needed specialized training in fire prevention and fire fighting as he deems necessary to keep the members trained in all phases of fire prevention and fire suppression. 2.78 Interference with Department. It shall be unlawful for any person to give or make, or cause to be given or made, an alarm of fire without probable cause, or to neglect or refuse to obey any reasonable order of the Chief at a fire, or to interfere with the Fire Department in the discharge of its duties. Section 2. This ordinance shall be effective from and after its passage and publication. -3- Passed by the City Council of the City of New Hope the 24th day of May ,1976. ./ Edged ~. Erickson, Mayor Attest: ~~ Be~ ~ot, Clerk-Treasurer ~ublished in the New Hope-Plymouth Post the 3rd day of dune , 10g~.) -4- ORDINANCE NO. 76- ]] AN ORDINANCE AMENDING THE CITY ZONING CODE BY CHANGING OUTLOT 1, REPLAT OF LYNNCROFT FIRST ADDITION, FROM LI CLASSIFICATION TO SR. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.107, numbered paragraph (3) of the City C~de is hereby amended as to the first paragraph as follows: 4.107 Extent of Limited Industry District. "(3) The East 450 feet of the West one-half of the Southwest Quarter, EXCEPT Lot 1, Block 3, Perry's Spruce Terrace; Lot 1, Block 3, Winnetka Hills 2nd Addition; and Outlot 1, Replat of Lynncroft First 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 24th day of May, 1976. // Edwa~r~ J. Erickson, Mayor ×B ~tt~P~6~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post. the 3rd day of dune , 1076.) RESOLUTION PROVIDING FOR PARTICIPATION IN HENNEPIN EMERGENCY COMMUNICATION ORGANIZATION WHEREAS, the concept of a nationwide emergency telephone number is now under consideration and, WHEREAS, the City of New Hope deems it advisable to participate in the planning of safety communications in Hennepin County, THEREFORE, BE IT RESOLVED by the Council of the City of New Hope as follows: 1. That the "Joint and Cooperative Agreement Hennepin Emergency Communication Organization" hereby accepted by the City of New Hope and the Mayor and Manager are authorized to execute said agreement. 2. That Harlyn G. Larson, City Manager, be appointed as New Hope's director for the Hennepin Emergency Communciation Organization and that Colin Kastanos, Acting Director of Police, be designated as the alternate director for New Hope. Adopted by New Hope Council this 24th day of May, 1976. ~×~/' Edward~~ Eri ckson, Mayor ~tt~xPouliot, City Clerk-Treasurer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 315 PROPOSED PERRY PLAT BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Orr-Sehelen-Mayeron & Associates, Inc., Engineers for the City, have heretofore reported to this Council that a water and sewer improvement for the City as hereinafter described is feasible and may best be made as proposed and not in con- junction with any other improvement, and that the estimated cost of said improvement to the City is $3,600.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereto for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official news- paper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 315 City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 12th day of July, 1976 at 7:00 o'clock P .M. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described herein- after. 2. The general nature of the improvement is the construction of sanitary sewer and water house services and all other appurtenant works and services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: 48th Avenue North extended Easterly from Winnetka Avenue North to Quebec Avenue North and lying in Outlot 1, Replat of Lynncroft First Addition, Hennepin County, Minnesota. 3. The estimated cost of said improvement is $3,600.00. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 14th day of June, 1976. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 1st day of July and the 8th day of July, 1976. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Dated this 14th day of June, 1976. / Edw~f~. Eriekson, Mayor Attest: ~~ ' ~e~ty--~llot, Clerk-Treasurer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 316 BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Orr-Schelen-Mayeron & Associates, Inc., Engineers for the City, have heretofore reported to this Council that a water and sewer improvement for the City as hereinafter described is feasible and may best be made as proposed and not in con- junction with any other improvement, and that the estimated cost of said improvement to the City is $44,500.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereto for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official news- paper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED SANITARY SEWER & WATER IMPROVEMENT NO. 316 City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 12th day of July, 1976 at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described herein- after. 2. The general nature of the improvement is the construction of sanitary sewer including construction of sanitary sewer & water house services 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, and described as follows: Tract B except that part thereof lying West of the East 185 feet and South of a line described as follows: commencing at the Southwest corner of said Tract B; thence North along the most Westerly line of said Tract B, 392.81 feet to the actual point of beginning of the line to be described; thence East along a North line of said Tract B and its extension Easterly to a point distant 185 feet West of the East line of said Tract B and there terminating, Registered Land Survey No. 1028, files of Registrar of Titles, County of Hennepin, State of Minnesota; being also describable as Flag Avenue North extended Southerly from 45th Avenue North and to a point 89 feet North of the North line of 42nd Avenue North. 3. The estimated cost of said improvement is $44,500.00. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 14th day of June, 1976. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 1st day of July and the 8th day of July, 1976. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Dated this 14th day of June, 1976. / Edw~d J. Erickson, Mayor Attest: ~ BetiyX~uiiot, Clerk-Treasurer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT NO. 317 PROPOSED PERRY PLAT BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City have heretofore reported to this Council that a street improvement for the City as hereinafter described is feasible and may best be made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the City is $15,360.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official newspaper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED STREET IMPROVEMENT NO. 317 PROPOSED PERRY PLAT City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 12th day of July, 1976 at 7:00 o'clock P.M. at the City Hall, 4401 Yylon 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, including gravel base, three inches of bituminous surfacing with surmount- able type concrete curb and gutter, and all other appurtenant works and services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: 48th Avenue North extended Easterly from Winnetka Avenue North to Quebec Avenue North and lying in Outlot 1, Replat of Lynncroft First Addition, Hennepin County, Minnesota. 3. The estimated cost of said improvement is $15,360.00. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Date the 14th day of June, 1976. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 1st day of July and the 8th day of July, 1976. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Dated this 14th day of June, 1976. /- E~ J. Erickson, Mayor  ul{ot, Clerk-Treasurer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET AND STORM SEWER IMPROVEMENT NO. 318 COOPER-HERMAN PROPOSED PLAT BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that 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 $83,640.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official newspaper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED STREET AND STROM SEWER IMPROVEMENT NO. 318 COOPER-HERMAN PROPOSED PLAT City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 12th day of July, 1976 at 7:00 o'clock P.M. at the City ~Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described herein- after. 2. The general nature of the improvement is the construction of street, including gravel base, three inches of bituminous surfacing with surmount- able type concrete curb and gutter, and storm sewer, and all other appurtenant works and services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: Tract B except that part thereof lying West of the East 185 feet and South of a line described as follows: commencing at the Southwest corner of said Tract B; thence North along the most Westerly line of said Tract B, 392.81 feet to the actual point of beginning of the line to be described; thence East along a North line of said Tract B and its extension Easterly to a point distant 185 feet West of the East line of said Tract B and there terminating, Registered Land Survey No. 1028, files of Registrar of Titles, County of Hennepin, State of Minnesota; being also describable as Flag Avenue North extended Southerly from 45th Avenue North and to a point 89 feet North of the North line of 42nd Avenue North. 3. The estimated cost of said improvement is $83,640.00. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 14th day of June, 1976. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 1st day of July and the 8th day of July, 1976. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Dated this 14th day of June, 1976. / Ed~rd J. Erickson, Mayor Attest: ~~ ~ Be{ty l~o~liot, Clerk-Treasurer RESOLUTION ORDERING CONSTRUCTION OF SEWER AND WATER IMPROVEMENT NO. 311 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (GETTYSBURG HILLS) City of New Hope, Minnesota BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 22nd day of March, 1976, at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Sewer and Water Improvement No. 311 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 11th and 18th days of March, 1976. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. That the petitioner requested that the matter of actually ordering said improvement be held over, but at a meeting of the Council held on the 24th day of May, 1976, requested that the project proceed. 6. Orr-Schelen-Mayeron & Associates, Inco, Engineers for the City, are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the City Council th~ ~o~ ~ ~~ / Edw~. Erickson, Mayor Attest: ~etty ~iiot, Clerk-Treasurer (Seal) RESOLUTION ORDERING CONSTRUCTION OF STREET AND STORM SEWER IMPROVEMENT NO. 312 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS (GETTYSBURG HILLS) City of New Hope, Minnesota BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 22nd day of March, 1976, at 7:00 o'clock P .M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Street and Storm Sewer Improvement No. 312 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 11th and 18th days of March, 1976. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. That the petitioner requested that the matter of actually ordering said improvement be held over, but at a meeting of the Council held on the 24th day of May, 1976, requested that the project proceed. 6. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Betty~liot, Clerk-Treasurer (Seal) ORDINANCE NO. 76- 12 AN ORDINANCE AMENDING SECTION 7.04 OF THE CITY CODE RELATING TO ALLOWING ANIMALS TO RUN AT LARGE. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1: Section 7.04, Nuisances and Running at Large,., is hereby amended to read as follows: 7.04 Nuisances and Running at Larg~. Animals shall be maintained and handled in such a manner as to prevent their becoming a nuisance or a threat to health and safety. No owner or keeper of animals shall permit such animal to run at large within the limits of the City other than on premises ........... owned by or rented by the owner. No person who is a guest of a resident in the City shall permit his animal to run at large, other than on the premises owned or occupied, by his host. No owner shall permit barking, howling or other noises that disturb the peace and quiet of the neighborhood and no owner shall permit the deposit of animal excrement on public property or the property of others, nor to accumulate on his own or rented property, as otherwise provided herein. Ii should be specifically understood that the public streets and the adjacent boulevards are public property and within the scope of this ordinance and any deposit of excrement by animals, even if accidental, shall be the responsibility of the owner or caretaker of the animal to immediately remove and de- posit in the public sanitary sewer system, the public storm sewer system being specifically mentioned as a prohibited depository of such excrement. 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 14th day of June , 1976. // Edwar~J. Erickson, Mayo Betty~-Pb~iiot, Clerk- treasurer (Published in the New Hope-Plymouth Post the 24thday of June , 1976.) V~'~ T.T.~GE OF NEW HOPE RESOLUTION APPROVING PLAT OF COOPER HERMAN ADDITION BE IT RESOLVED by the Council of the Village 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 accepted under the subdivision regulations of the Village 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 here~ thorized to sign the final plat. Clerk-Treasurer CERTIFICATION STATE OF MINNESOTA SS 0~NTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the Village 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 Village Council of said Village on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice thereof as reqUired by law, on ~ ~ ,~ /% Y% Witness my hand and the seal of said V~l!~.ge this day of ,,,~/'~,,~- ,~--* , 19J~ · ~ ~ ~i~lage Clerk-T~easurer RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF COOPER HERMAN 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 DevelQper 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 14th ~ , , 19/6 . Attest: ~y C erk-Treasurer ORDINANCE NO. 76- ] 3 AN ORDINANCE AIVlENDING SECTION 10. 416 SUBD. (5) OF THE CITY CODE RELATING TO LIQUOR LIABILITY INSURANCE REQUIREMENTS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1.. Section 10.416, Subd. (5), Amount and Terms of Insurance, is hereby amended by deleting the following: "Further, it shall provide that no payment of any claim by the insurance company shall, in any manner, decrease the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter." 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 2Sth day of June , 1976. / .~v~ ~~/~~~ / E~ardJ. Erickson , i~ayor Attest: ~-{t~"{~ou liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 8th day of Ju'ly , 1976.) ORDINANCE NO. 76- ]4 AN ORDINANCE AMENDING SECTION 9.05 OF THE CITY CODE PROVIDING FOR THE ISSUANCE PERMITS FOR BURNING OF UNWANTED STRUCTURES. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 9.05 of the City Code, Permits and Modifications, is hereby amended by adding the following: Subd. (6) Burning of Unwanted Structures; Permit and Fee. Any person desiring to have the Fire Department burn down a building or structure, shall submit an application to the Clerk- Treasurer for a permit for such burning. The fee for such burning shall be $500. The application shall be referred to the Bureau of Fire Prevention for its recommendation whether such burning can be done without endangering life or property in the City. Ail applications shall be subject to the approval of the Council. No permit shall be issued until the permit fee has been paid in full. 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 June , 1976. ×/~ Edw~ J~C~. E~ickson, Mayor Betty ~'ouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 8th day of July , 1976.) ORDINANCE NO. 76- ]5 AN ORDINANCE AMENDING SECTION 11.52 OF THE CITY CODE RELATING TO AUTHORIZATION TO ISSUE TICKETS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 11.52, Authorization to Issue Tickets, is hereby amended to read as follows: 11.52 Authorization to Issue Tickets. The Council hereby confers the power and. authority to issue and serve a written or printed notice, hereinafter referred to as a .... ticket, upon persons charged with ordinance violations, upon the Director of Police and all duly appointed and acting police officers, Community Service Officers, the Director of Protective Inspections, the Fire Marshal, the building official, and general inspectors duly appointed in the Departmen~ of Prolective Inspections, and the Animal Patrol Warden, provided, however, that no such persons shall arrest or otherwise take a violator into custody', except the Director of Police and police officers may make such arrests as are permitted under the laws of arrest. Such ticket shall be served upon the per- son creating the violation, the lessee, or person in charge of the premises alleged to be in violation. 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 June , 1976.  ot~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 8th day of July , 1976.) ORDINANCE NO. 76- ]6 AN ORDINANCE AMENDING THE CITY CODE, SECTION 4.106 (13) (EXTENT OF GB GENERAL BUSINESS DISTRICT) AND SECTION 4. 104 (EXTENT OF LB LIMITED BUSINESS DISTRICT), SHARON' S ADDITION. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.106 (13), Extent of GB General Business District, is amended to read as follows: (13) Lot 1, Block 1., Outlot B, and all that part of Outlot A lying east of the west line of said Lot 1, Block 1, all in Sharon's Addition. Section 2. Section 4.104, Extent of LB Limited Business District, is hereby amended by adding the fo.llowing: (21) Lot 1, Block 3, Sharon's Addition. Section 3. This ordihance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope this 2$th day of June , 1976. E~r~l J. Erickson, May B~-~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 8th day of July , 1976.) ORDINANCE NO. 76-17 AN ORDINANCE AMENDING SECTION 4.66, DELETING SECTION 4.67, AND ADDING SECTION 3.180 OF THE CITY CODE P~LATING TO TB~ CONSTRUCTION, MAINTENANCE OR ALTERATION OF SIGNS, AM~.NDING THE ZONING ORDINANCE AND BUILDING CODE.' City of New Hope, Minnesota The City Council of the City of New Hope ordains as follows: Section 1. The New Hope City Code is hereby amended by deleting Section 4.67, Signs, in its entirety. Section 2. Section 4.66, Glare, of the New Hope City Code is hereby amended to read as follows: 4.66 Glare. In all districts, any lighting used to illuminate an off-street parking area, yard or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from flood lights or from high-temperature processes such as welding or. combustion shall not be directed into any other property. The source of light shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or right-of-way. Any light or combination of lights which cast light on residential property shall not exceed four (4) candles (meter reading) as measured from the residential property. Any light or com~ination of lights which cast light on a public street shall not exceed one (1) foot candle as measured from the centerline of the street. Section 3. The New Hope City Code is hereby amended by adding the following: 3,180 SIGN ORDINANCE 3.181Title, Purpose and Intent. Subd. (1) Title. This Ordinance shall be known, cited and referred to as the ~New Hope Sign Ordinance~ except as referred to herein, where it shall be known as "this Ordinance'. Subd. (2) pUrpose. This subdivision is established to protect and promote health, safety, general welfare and order within the City of New Hope through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the type, number, size, structure, location, height, lighting, erection, use and/or display of devices, signs or symbols serving as a visual, communication media to persons situated within or upon public right-of-ways or properties. The provisions of this subdivision are intended to encourage opportunity for effective, orderly communication by reducing confusion and hazards resulting from' unnecessary and/or indiscriminate use of communication facilities. Subd. (3) Severence. If any section, clause, or provisions or portion thereof of this Ordinance shall be found to be invalid or unconstitutional by any court or competent jurisdiction, such decision shall not affect any other section, clause, provisions, or portion thereof of this Ordinance. Subd. (4) In their interpretatio~ and application, the provisions of this Ordinance shall be held to the minimum requirements for the promotion of the public health, safety and welfare. (3.181 Cont.) Subd. (5) , No sign shall be erected, converted, enlarged, reconstructed or altered, or used for 'any purpose in any manner which is not in conformity with the provisions of this Ordinance. 3.182 Rules and Definitions. Subd. (1) Rules. The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction: (a) The singular number includes the plural, and the plural the singular. Co) The present tense includes the past and the future tenses, and the future the present. (c) The word ~shall" is mandatory while the word "may" is permissive. (d) The masculine gender includes the feminine and neuter. (e) Ail measured distances shall be to .the nearest integral foot. If a fraction is one-half (1/2) foot or less, the integral foot next highest shall be taken, (f) Whenever a word or term defined appears in the text of this Ordinance, its meaning shall be construed as set forth in such definition thereof. (g) Whenever a word or term appears in the text of this Ordinance, which is not specifically defined within the definition section of this Ordinance, the definition for said word or term, where such exists in the New Hope Zoning Ordinance, shall apply. Subd. (2) Definitions. (a) Sign. Any writing (including letters, 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, Co) Sign, Advertising. A billboard, poster panel board, painted bulletin board, or other communicative device which is used to advertise products, goods, and/or services which are not exclusively related to the premise on which the sign is located. (c) Sign, Address. A sign communicating street address only, whether written or in numerical form. (d) Si~n, Area. That area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures or symbols attached directly to the part of a building, which is included in the smallest geometric figure which can be made to circumscribe- the message, figure or symbol displayed thereon. (e) Sign, Banners and Pennants. Attention getting devices which resemble flags and are of a paper, cloth or plastic or plastic-like consistency. - (f) Si~n, Billboard. Any advertising sign having an area of more than three hundred (300) square feet. (g) ~i~n, Business. Any sign which identifies a bi~siness or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or services, including entertainment, offered or sold upon the premise where such sign is located. (3.182, Subd. (2) Cont.) (h) Sign, Canopy and Marquee.. Any message or identification which is affixed to a Canopy or marquee. (i) Sign, Flashing. Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all time when such sign is in use. (j) Sign, Ground. Any sign placed upon, or supported by the ground ind.~pendently of the main building or structure on the property. Signs on accessory structures shall be considered ground signs. (k) Sign, Identification. The principal sign identifying the business conducted on the premises. In Residential Districts, the sign identifying a resident, school, church, or other non-business use · (1) Sign, Illuminated. Any sign which has characters, letters, figures, design or .outline illuminated by eleetric lights or luminous tubes as part of the sign proper. (m) Sign, Logo. Any letter, character, or symbol used to represent an entire word or group of words denoting the name, trade or purpose of any business. (n) Sign, Molion. Any sign which revolves, rotates, has any moving parts, or gives the illusion of motion. (o) Sign, Non-Conforming. 1. Legal. A sign which lawfully existed at the time of the passage of this Ordinance or amendment thereto but which does not conform with the regulations of this Ordinance, is legal. 2. Illegal. A sign which was constructed after the passage of this Ordinance or amendments thereto and does not conform with the regulations of this Ordinance is illegal. (p) Sign, Portable. A sign so designed as to be movable from one location to another and which is not permanently attached to the. ground, or structure. (q) Sign, Projecting. Any sign, which is affixed to a building and which projeets from the building wall a distance greater than twelve (12) inches. (r) Sign, Public. Signs of a public, non-commercial nature, to include safety signs, danger signs, trespassing signs, traffic signs, signs indioating scenic or historical points of interest, memorial plaques, and the like, when signs are erected by or on order of a public officer or employee in the performance of official duty. (s) Sign, Roof. A roof sign is defined as a sign which is located above the eave or coping line. (t) Sign, Structure. The supports, foundations, uprights, bracing and framework for a sign, including the sign area. (u) Sign, Temporary. A sign other than aportable sign, that is not intended to be permanently displayed or affixed to the ground or to a building. (v) Sign, Wall. A sign which is affixed to the exterior wall of a building and which does not project more than twelve (12) inches from the surface to which it is attached. (w) Sign, Wall Letters. A sign composed of individual ~etters which are attached (not painted) separately on a wa]] surface. (x) Sign , Window. A window sign means a sign affixed to a window or located inside a window surface legible to the general public. 3 3.183 Sign Permits. · Except for routine maintenance, no sign may be painted, constructed, erected, remodeled, relocated, or expanded until a sign permit is obtained in accordance with the Building Code (see Section 3.20) and until all other signs on the premises of the applicant are brought into conforraance with this Ordinance. No sign permit shall be issued for any sign unless the sign is permitted by, and complies with the regulations of this section, provided, however, that signs of a duly constituted governmental body, including traffic or similar regulatory de, rices, legal notices, and warnings at railro~.l crossings are exempt from the permit requirement and from the regulations of this section. Subd. (1) F. xceptions. (a) The following types of signs are exempt from the permit requirements and from the regulations of this section, except that they shall be set back from the street right-of-way line a distance of at least one-haif (1/2) of the minimum setback specified in the district regulations: 1. Flags or emblems of a national, fe'deral or state government, or a subdivision thereof, displayed on private property. 2. Memorial signs and tablets displayed on private property. 3. Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. 4. Small signs, not exceeding two (2) square feet in area, displayed on private property for the convenience of the public including directional or identification signs for restrooms, freight entrances, garage and rummage sales and the like. Garage and rummage sale signs shall show, clearly imprinted, the name and address of the person erecting the sign, or responsible for the same. Said signs shall not be erected more than five (5) days before or maintained more than one (1) day after the sale to which the sign relates. 5. Small signs, not exceeding eight (8) square feet in area, displayed on private property, containing matter which is intended or tends to influence directly or indirectly any voting at any primary, general, municipal, special or school election, including pictures or announcements relative to candidates or campaign advertising. Said signs are permitted in addition to other signs in any zoning district provided that no person shall permit or allow any such sign to be located or maintained on his property more than thirty-one (31) days before or five (5) days after the election to which the sign relates. (b) The following types of signs are exempt from the permit fee but shall obtain a permit: 1. Signs permitted by Section 3.185, Subd. (3) (a) and (b) and Section 3.185, Subd. (4) (a) 2 of this Ordinance. (c) The following types of signs are exempt from the permit requirement but must coraply with all of the other regulations of this section: 1. Signs permitted by Section 3.185, Subd. (4) (a) 1 and 3 and Section 3.185, Subd. (1) of this. Ordinance. 3.184 General Standards. Ail signs hereafter painted, constructed, erected, remodeled, relocated or expanded shall comply with the following standards: Subd. (1) Banners, Pennants, Streamers, S~rings of Lights, Searchlights. No -portable sign, banner, pennant, streamer, string of lights, search lights or any other similar sign shall be permitted, except as provided in Section 3.185, Subd. (3) of this Ordinance, provided, however, that upon a change of ownership or management, commercial establishments shall be permitted for a period of seven (7) consecutive days for a "grand opening", as such term is commonly used, said seven (7) days shall be within thirty (30) days of the change of ownership or management or receipt · of certificate of occupancy. (3.184 Cont.). Subd. (2) Maintenance of Signs. All signs, including electrical wiring, supporting structures, guy wires or chains, shall be properly maintained and kept in a safe condition. The owner of any sign shall be required to have properly painted, at least once every three (3) years, all parts and supports of the said sign, unless the same are' galvanized or otherwise treated to prevent corrosion. Subd. (3) Building and Electrical Codes Applicable. All signs shall be wired to conform to the electrical code of the State of Minnesota. Sign structures shall be designed to provide a forty (40) psf snow load and a forty (40) psf wind pressure. Subd. (4) Window Signs. In no event shall the size of the interior window signage exceed twenty percent (20%) up to a maximum of one hundred twenty-five (125) square feet, of the entire window area of the one (1) side of the building upon which said signs shall be displayed. Interior window signs shall not be of the gaseous tube type nor shall they be illuminated by interior lighting directed toward the window. Advertising signs that are clearly intended for temporary display only, may be affixed to a window or located inside a window surface visible to the general public, provided that the sign area conform with the formula allowance outlined in this subdivision. The allowable sign area for. a window advertising sign is in addition to the total permitted wall sign area as regulated in Section 3.185, Subd. (5) (a). Window signs other than for advertising, such as business identification, or any sign which is permanently affixed to a window, shall constitute a dual purpose sign and thus be regulated under both the above and the provisions of Section 3.185, Subd. (5) (a) of this Ordinance. Subd. (5) Illuminated Signs. Signs shall be shaded wherever necessary to avoid casting bright light upon property located in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any single family residential district, which sign is visible from such single family residential district, shall not be illuminated at any time between the hours of 11:00 p .m. and 7:00 a.m., when the use is not open for business. Subd. (6) Flashing or Moving Signs. No flashing signs, rotating or mo¥ing signs, animated signs, signs with moving lights, or creating the illusion of movement shall be permitted. Subd. '(7) Projecting Signs. No projecting sign shall be permitted. Subd. (8) Accessway or Window. No sign shall physically obstruct any required aeeessway or window in such a manner as to create a safety hazard. Subd. (9) signs on Unimproved ProPerty. No sign shall be located on property unimproved with a building except a sign advertising the premises for sale or lease which meets the standards of Section 3.185, Subd. (1) or in the case of billboards, Section 3.185, Subd. (8) of this Ordinance. (3.184 Cont.) Subd. (10) Traffic Safety. No exterior sign or sign located in the interior of a building but visible through a window shall be maintained at any location where'by reason of its position, size, shape or color it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic. Subd. (11) Obsolete and Off-Premises Signs. No sign shall be permitted which advertises a business which is not being presently conducted on premises on which the sign is located, .except advertising signs as provided for in Section 3.185, Subd. (8) of this Ordinance. Subd. (12) Painted Wall Signs. Bio business or advertising sign which is painted directly upon a wall surface shall be permitted. Subd. (13) Identifiable Address. Every principal building shall be identified with an address containing the street number (s), which shall be readable from the nearest adjacent roadway serving the premises. The size of the numbering shall not exceed the size standards established for this use. 3.185 Special Standards. The following signs hre permitted subject to the special standards and provisions contained after each specific sign situation as contained hereafter and the provisions of Sections 3.183 and 3.184 of this Ordinance. Subd. (1) "For Sale" and "To Rent" Signs. "For Sale" and "To Rent" signs ~hall be permitted subject to the following regulations: (a) For sale or rental of a single family residence or where six (6) or less dwelling units (or lots for residential development) are for sale or rent. There shall be no more than one (1) such sign per lot, except on a corner lot two (2) signs, one facing each street shall be permitted. No such signs shall exceed six (6) square feet in area, and no such sign shall be illuminated. Each such sign must be devoted solely to the sale or rental of the property being offered and must be removed immediately upon the sale or rental of the property. Each sign must be placed only upon the property offered for sale or rent. (b) Where more than six (6) dwelling units (or lots for residential development purposes) are offered for sale or rental by the same party, signs advertising such sale or rental may be constructed therefor in any district. There shall be permitted one (1) sign facing each public street providing access to the property being offered. Each such sign shall not exceed forty (40) square feet in area; shall be located at least one hundred thirty (130) feet from any pre-existing home; and shall be removed within one (1) year from the date of building permit issuance, or when less than six (6) units remain for sale or rent, whichever is less. Said sign shall fully complywith the setback requirement for the zoning district in which the property is located. (c) In the event of an industrial or commercial sale or rental of real property, there shall be permitted one (1) sign facing each public street providing access to the property being offered. Each sign shall not exceed seventy-five (75) square feet in area and must be devoted solely to the sale or rental of the property being offered and must be removed immediately upon the sale or rental of the last property offered.at that location. Said sign may not be located closer to the property line than fifty (50) percent of the setback required within the particular zoning district in which the property is located. (3.185 Cont.) Subd. (2) ,Signs Accessory to Parking Areas. Signs accessory to parking areas are permitted subject to the fol!ow~ng regulations: (a) One (1) sign may be erected to designate each entrance to or exit from a parking area; each such sign shall be no more than two (2) square feet in area; such signs are exempt from minimum setback requirements but shall be located at least one (1) foot behind the lot line. (b) One (1) sign designating the conditions of use shall be permitted at each entrance to a parking area; each such sign shall be limited to a maximum area of nine (9) square feet; such signs are e:- empt from minimum setback requirements, except that they must be located at least one (1) foot behind the lot line. Subd. (3) Signs Accessory to Churches, Schools or Non-Profit Institutions. Signs accessory to churches, schools or non-profit institutions are permitted subject to the following regulations: (a) There shall be not more than one (1) sign per lot, except that on a corner lot two (2) signs, one facing each street, shall be permitted. No such sign shall exceed twenty (20) square feet in area. Such signs shall be set back from the street line a distance at least one-half (1/2) of the minimum setback specified in the district regulations. ' (b) Temporary signs, banners and displays for church, school, institutional or civic events are permitted but must be located on property owned or controlled by the church, school, institution, or civic organization and may be displayed only during a period co~nmencing thirty (30) days prior to the scheduled event and ending three (3) days after closing date of said scheduled event. Subd.'(4) Signs Accessory to Residential Uses. Each sign accessory to residential uses shall be set back from the street right-of-way line a distance at least one-half (1/2) of the required minimum Setback specified in the district regulations.. under paragraph (a) below which may be located anywhere in the front setback area for that district. Signs accessory to a residential use shall not be permitted except in compliance with the following regulations: (a) Name Plate, Directional and Identification Signs. Name Plate, directional and identification signs shall be permitted subject to the following regulations: 1. Size. For each dwelling unit (single familY, two family or townhouse), there shall be permitted one (1) name plate not exceeding two (2) square feet in area indicating the name and/or address of the occupant. 2. Name Plate, Directional, and Identification Signs. For each apartment development there shall be permitted one (1) identification sign or two (2) signs on corner lots each facing a separate street, each not exceeding twenty-five (25) square feet in area located near the main entrances to the building or complex of buildings, .and indicating only the name and address of the building or complex of buildings, the name of the owner or manager thereof, and the phone number of the manager or owner thereof. In addition each building within an apartment development with a separate address shall be identified by a separate sign not exceeding five (5) square feet in area with letters of a size and color to clearly identify the individual building. -7- (3.185, Subd. (4) Cont.) S. Remodeling. In connection with the construction or remodeling of a building.there shall be permitted one (1) sign not exceeding twenty-five (25) square feet in area indicating the names of any or all of the architects ,. engineers and contractors engaged in the construction; on corner lots two (2) such signs, one facing each street, shall be permitted~ Ail signs permitted under tiffs paragraph shall be removed by the person or persons erecting the same not longer than two (2) weeks after final inspection by the Building Department of the structure indicated, or two (2) years, whichever is less. Subd. (5) Signs Accessory to Single Occupancy Business or Industrial Uses. No sign accessory to any business or industrial use shall be permitted, except in compliance with the following regulations: (a) Front Wall Signs. 1. Not more than two (2) signs shall be permitted on the front wall of any principal building. The total area of such sign or signs shall not exceed fifteen (15) percent of the area of the front face (including doors and windows) of the principal building in Limited Business, Retail Business and General Business Districts, and ten percent (10) in Limited Industry and General Industry Districts, provided that the total area of each sign shah not exceed one hundred and twenty-five (125) square feet. 2. Front wall signs which consist only of individual, outlined alphabetic, numeric and symbolic characters without background except that provided by the building surface to which they are affixed may be increased by twenty-five (25) percent of the allowable sign area permitted in paragraph i of this subdivision, except that the total of each sign shall not exceed one hundred twenty-five (125) square feet. If illuminated, such illumination be by internal shielded illumination, shielded silhouette lighting or shielded spot lighting but not any lighting where the light source itself is visible or exposed on the face or sides of the characters. 3. Signs constructed of metal and illuminated by any means requiring internal wiring or electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine (9) feet. Accessory lighting fixtures attached to a non-metal frame sign shah maintain a clearance of nine (9) feet to ground. In the event a metal sign structure or accessory fixture herein described is grounded by the use of a grounding, conductor run with the circuit conductors and said structure or fixture is also grounded by being bonded to a grounding electrode at the sign site, no clearance to grade shall be mandatory. 4. Front wall signs may be gaseous tube type or may be illuminated by interior means, of lighting of an intensity to prevent excessive glare and shall comply with the regulations' established in Section 4.66 of the New Hope Zoning Ordinance. Co) Side and Rear Wall Si~ns. A sign or signs shall be permitted on the rear and/or side wall of any principal building subject to the following regulations: 1. The total area of such rear or side wall sign or signs shall not exceed nine (9) square feet. No rear or side wall signs, other than a sign provided in the succeeding sentence, shall make use of any word, phrase., symbol or character other than to designate delivery areas. 2. Exception.. Nothwithstanding the above-stated provision, if the main entrance to a particular use in the principal building opens on a side wall, or if the main entrance/exit (as defined in the Building Code) to a particular use in the principal building opens on a rear wall, the applicant shall be permitted to sign the froni or rear wall in accordance with the front wall sign provisions of paragraph (a) above. In no case, however, shall either the side or rear wall contain more than one hundred and twenty-five (125) square feet total sign area. (c) Ground Signs. Not more than two (2) ground signs shall be permitted on any lot or one (1) ground sign if the building should contain more than one (1) wall sign over ten (10) square feet, subject to the following regulations: (3.185. Subd. (5) Cont.) 1. Signs constructed of metal and illuminated by any means requiring internal wiring or eleetrically wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine (9) feet. Accessory lighting fixtures attached to a non-metal frame sign shall maintain a clearance of nine (9) feet ground. In the event that a metal sign structure or accessory fixture herein described is grounded by the use of a grounding conductor run with the circuit conductors and said structure or fixture is also grounded by being bonded to a grounding electrode at the sign site, no clearance to grade shall be mandatory. 2. No metal ground sign shall be located within eight (8) feet vertically and four (4) feet horizontally of electric wires of conductors in free air carrying more than forty-eight (48) volts, whether or not such wires or conductors are insulated or otherwise protected. 3. All ground signs shall conform within the maximum sign area, maximum sign height and maximum letter height provisions in relation to the street classification, as contained in the following table, except that logos as defined shall be exempt from the maximum letter height restriction. Street Maximum Area Maximum Letter Maximum Structure Classification (Sq. Feet) Height (Inch) Height (Feet) Collector 40 8 15 Minor Arterial ' 75 10 20 Principal Arterial 200 20 30 4. Street classification shall be determined in accordance with the provisions of the Five Year Transportation Plan for the City of New Hope. 5. Application. The level at which the sign control system applies is determined by the street classification, as outlined above, which directly abuts the subject property. In the case of subject property directly abutting more than one (1) road, each designated by a different road type, the less restrictive classification shall apply in determining sign area and height. 6. Actual sign height is determined by the grade of the road from which the sign gains its principal exposure. 7. Sign area for ground signs applies to only one (1) face of a two-faced ground sign, or two (2) faces of a four-faced sign, etc. 8. No ground sign shall be located closer to any property line than ten (10) feet. (d) Roof Signs. No part of any sign shall be maintained that projects into the air space over the roof of ansr building or structure, (e) Awning or Canopy Signs. Letters may be painted or otherwise affixed to any permissible awning or canopy subject to the following regulations: 1. Lettering or letters shall not project above, below or beyond the physical dimensions of the awning or canopy. 2. Lettering or letters shall not be larger from top to bottom than twelve (12) inches. 3. Lettering or letters shall not denote other than the name and address of the business conducted therein and/or a product or products produced or sold or service rendered therein. 4. Lettering or letters shall be included in calculating the maximum sign area of the permissible wall sign. (3.185 Cont.) Subd. (6) Signs Accessory to Automobile Service Stations. The following signs accessory to automobile service stations are permitted in addition to the signs permitted under Subdivision (5) of this Section: (a) Racks for the orderly display of cans of engine oil for convenience in dispensing said oil may be located on or at the ends )f pump islands. (Limit of two (2) to each island. ) CO) Two (2) open portable tire racks (not more than seven (7) feet in height including signs, and six (6) feet in length) on casters for the purpose of displaying new tire casings shall be per- mitted for each gasoline or tire service station. (c) Portable signs, placards, pennants, streamers, flags (except the U.S. flag), revolving placards and all other signs not specifically permitted 'in this section are prohibited, except for grand openings, as provided in Section 3.184, Subd. (1) as to grand openings. (d) One (1) sign (single or double faced) per frontage on a public street, suitable for apprising persons of the total sale price per gallon. The area of such price sign shall not exceed sixteen (16) square feet on either side. Each such sign shall be affixed to the standard of a ground sign or light fixture, and shall state the total price. No sign posting an incomplete price or less than the total sales p.rice is permitted. Subd. (7) Signs Accessory to Multiple. Occupancy Business and Industrial Uses Including Shopping Centers. When a Single principal building is devoted to two (2)~ or more businesses, or industrial uses, a comprehensive sign plan for the entire building or shopping center shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistant with paragraphs (a) through (c) of this subdivision. No permit shall be issued for an individual use except upon a determination that it is consistent with previously or concurrently approved comprehensive sign plan. The effect of said comprehensive sign plan is to allow and require the owner of multiple occupancy structures, to determine the specific individual sign requirements for the tenants of his building. As sign 'locations and size, etc. may be of some significant importance in lease arrangements between owner and tenant, it is the city's intention to establish general requirements for the overall building only, thus providing a building owner with both the flexibility and responsibility to deal with his individual tenants on their specific sign needs. (a) All signs shall comply with the provisions of Sections 3.185, Subd. (5) (a) 3 and 4 and 3.184, Subd. (2) of this Ordinance, except as otherwise provided. Co) Wall Signs. 1. The total allowable sign area for a multiple occupancy structure shall not exceed fifteen (15) percent of the combined wall surfaces on walls which abut streets in Limited or General Business Districts or ten (10) percent in Limited or General Industrial Districts. 2. No multiple occupancy structure may display more. than two (2) overall building identification signs. S. Individual tenants located within multiple occupancy structures, other than shopping centers, shall not be permitted to display individual signs, except for tenants which have separate exterior entrances to their use or tenants in shopping centers, in which case, not more than one (1) sign may be displayed~. ~. No individual sign may exceed one hundred' (100) square feet in area. 5.A delivery sign or signs not exceeding nine (9) square feet in area may be located on the side or rear wall of the structure. - 10- //,..l. ~ (3.185, Subd. (7) Cont.) (c) Ground Signs. 1. Shopping centers containing more than four (4) separate and distinct occupancies may erect only one (1) ground sign per street frontage (single or double faced) to be used as an identification sign for the shopping center. Individual businesses within the shopping center may not be advertised thereon. Said ground sign may not exceed two hundred (200) square feet in area, nor thirty (30) feet in height and must be set back a minimum of twenty (20) feet from all property lines. 2. Multiple occupancy structures other than shopping centers, or shopping centers having four (4) or less separate and distinct occupancies, may erect ground signs in accordance with the provisions of Section 3. 185, Subd. (5) (c) of this Ordinance and may identify each separate and distinct occupancy on said ground sign. Subd. (8) Advertising Signs (Billboards). Ail advertising signs hereafter painted, constructed, erected, remodeled, relocated or expanded shall comply with the following standards in addition to those established in Section 3.183 of this Ordinance: (a) Advertising signs shall be located in General Business Districts only. (1)) Not more than one back to back advertising sign shall be constructed upon one (1) lot or tract of ground. No advertising sign shall be constructed on a lot or tract of ground, if such lot or tract is already improved by a building. (c) The total area of sign shall not exceed three hundred fifty (350) square feet. (d) The maximum height of any advertising sign shall be t~venty-five (25) feet from the ground. (e) Advertising signs shall be located no closer than one thousand (1,000) feet from each other on the same side of a street. (f) Advertising signs shall comply with the minimum setback requirements for the General Business District except that they shall not be located closer than one hundred (100) feet from any residentially zoned property. 3.186 Non-Conforming Signs and Sign Structures. Subd. (1) A non-conforming sign may not be: (a) Changed to another non-conforming sign. '(b) Structurally altered except to bring into compliance with the provisions of this Ordinance. (c) Expanded. (d) Re-established after its removal for thirty (30) days. (e) Re-esta]~lished after damage of more than fifty percent (50%) of sign replacement cost except to bring into compliance. Subd. (2) Lawful non-conforming signs may be maintained subject to the following regulations: (a) Where any non-conforming sign projects over public property, the owner shall post with the Building Inspector, a bond or indemnity policy (or a certificate there by the surety or insurance company with a ten (10) day prior notice of cancellation p~ovision), approved by the City Manager, in the sum of ten thousand dollars ($10,000) conditioned to indemnify the City for any loss, cost, damage or liability of or incurred by the City resulting from the maintenance of said sign. - 11- (3.186, Subd. (2) Cont.) (b) Normal maintenance, such as painting, repairing without remoyal, cleaning, maintaining, electrical wiring and appurtenances on site and changing or repairing fasteners or guy wires or chains shall be permitted on any lawful non-conforming sign. (c) In any district any lawful non-conforming sign which does not comply with all of the r~gulations of this Ordinance shall he e]ininatedor made to conform in accordance with 1 and 2 below, provided, however, that signs of the type prohibited by Section 3.185, Subd.. (6) (c) of this Ordinance and signs not in compliance with Section 3.184, Subds. (1), (4), (6), (8), (9), (10), and (11) of this Section, shall be eliminated or brought into compliance within one (1) year following the adoption of this Ordinance. 1. Ail signs made non-conforming through the adoption of the previous Sign Ordinance (Section 4.67 of the New Hope Zoning Ordinance) in 1972 and given an amortization period of five (5) years through February 1, 1977 shall continue to comply with that previously established amortization schedule. 2. Ail signs (except as provided for in (c) above) made non-conforming through the adoption of these ordinance provisions shall be brought into compliance or eliminated in accordance with the following amortization table: Sign Cost * $ 1 $3,000 36 months $ 3,001 $6,000 60 months Over $6,001 84 months · Sign cost shall be established by original bill of sale, written appraisal from a sign manufacturer, or copy of depreciation schedule from federal and state tax return. 3. Where more than one (1) non-conforming sign exists on a single property and both are owned by the same individual, the cost of both signs may be added together for purposes of this amortization schedule. 3.187 Sign Variance. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this section, the Board of Appeals and Adjustments has the power to vary the requirements of this section in harmony with the general purpose and intent hereof, so that the public health, safety and general welfare may be secured and substantial justice done. When considering a variance, the Board of Appeals and Adjustment shall make a finding of fact and grant approval based upon the following conditions: Subd. (1) That the conditions involved are unique to the particular parcel of land or use involved. Subd. (2) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the business involved. Subd. (3) That the alieged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. Subd. (4) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements to the neighborhood. - 12- (3.187 Cont.) Subd. (5) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or interfere with the function of the police and fire departments of the City. 3.188 Fees. Subd. (1) The permit fee'and other fees and charges as established in the City Permit Fee Schedule shall be coilected by the City before the issuance of any permits and the City Clerk or other persons duly authorized to issue such permit for which the payment of a fee is required under the provisions of this Ordinance may not issue a permit until such fee shall have been paid. 3.189Violations and Fines. Subd. (1) Any person who violates any of the provisions of this Ordinance shall, upon oonviction thereof, be fined not more than three hundred dollars ($300) for each offense, or imprisoned for not more than ninety (90) days, or both. Each day that a violation is permitted to exist shall constitute a separate punishable offense. 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 28th day of June, 1976. l~'~t~o{, Clerk-Treasurer (Published in the New Hope-Plymouth Post the /g a~ day of ~,~;ff,~ ~-~- , 1976.) - 13- RESOLUTION PROVIDING FOR APPROPRIATION OF MUNICIPAL STATE AID FUNDS (Project No. 265 - CSAH #156) WHEREAS, it was deemed advisable and necessary for the City of New Hope to participate in the cost of construction of a project located on CSAH No. 156 within the limits of said City, and WHEREAS, said construction project was approved by the Department of Highways and identified in the records as MSAP No. 182-020-01 (New Hope Project No. 265). NOW, THEREFORE, BE IT RESOLVED, that we do hereby appropriate from our Municipal State Aid Funds, the sum of eighteen thousand nine hundred nineteen dollars and forty-nine cents ($18,919.49) to apply toward the construction of said project and request the Commissioner of Highways to approve this authorization. Adopted this 28th day of June, 1976. ATTEST'~~- ~ Mayor ----/ ~ty~ Clerk-Treasurer CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution presented to and adopted by the Council of the City of New Hope, Minnesota at a duly authorized meeting thereof, held on the 28th day of June, 1976 as show~n~ of said meeting in my possession. ~l~ouliot City'Clerk-Treasurer RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER & WATER IMPROVEMENT NO. 315 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 12th day of July, 1976, at 7:00 o'clock P .M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Sanitary Sewer & Water Improvement No. 315 of the City, after notice of said hearing was duly purblished as required by law in the New Hope- Plymouth Post on July 1, 1976 and July 8, 1976. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having cOnsidered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said 'proposed improvement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. Orr-Schelen-Mayeron & Associates, Inc., Engineers for the City are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the City Council this ].2thday of July , 1976. ~~o' ' ~q- H , t Mayor - Attest: ~~,~~' Bet~/]~o~liot, Clerk-Treasurer (Seal) RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT NO. 317 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 12th day of July, 1976, at 7:00 o'clock P .M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Street Improvement No. 317 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 July 1, 1976 and July 8, 1976. 2 ~. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City are hereby authorized and directed to proceed with the preparation and making of final plans, and specifications for said improvement. Adopted by the City Council this ] 2thdaY of July , Attest:~ ~~__~' ~L~W. Hokr; Acting Mayo]r Be~~o~iot, Clerk-Treasurer (Seal) RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER & WATER IMPROVEMENT NO. 316 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 12th day of July, 1976, at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Sanitary Sewer & Water Improvement No. 316 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 July 1, 1976 and July 8, 1976. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested ar/d being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is he'reby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. 'Orr--Schelen-Mayeron & Associates, Inc., Engineers for the City are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the City Council this ]2thday of Ouiy , 1976. ~~ ~ ~': w. ~ioKr, Ac-~ing ~ayor Attest: ~easurer (Seal) RESOLUTION ORDERING CONSTRUCTION OF STREET AND STORM SEWER IMPROVEMENT NO. 318 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing the 12th day of July, 1976, at 7: 00-o'clock P .M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Street and Storm Sewer Improvement No. 318 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 July 1, 1976 and July 8, 1976. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the City Council this ] 2thday of au]y , 1976. /~~/~~/ .~/~~~~ w L..W. Hokb, Acting Mayor AtteSt: - -B~~liot, Clerk-Treasurer (Seal) RESOLUTION AUTHORIZING WAIVER OF .. PLATTING REGULATION WITHIN THE ., CITY OF NEW HOPE, MINNESOTA. PRESENT PLAT 62280 PARCELs 8800 and 89010 (FOR CLAUSEN AND ERICK~ON } (PLANNING CASES NOS. 76-36 AND 76-46) 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 ~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 fail-ure to comply does not interfere with the purpose of the Subdivision regulations in this instance, and the platting authority of the City of New Hope does hereby waive such compliance, and authorize the filing and recording of conveyances using substantially the legal description contained in the following paragraph: 4. Premises in the County of Hennepin,-State of Minnesota described as follows: SEE ATTACHED: EXHIBIT A, legal descriptions o~ Parcel 8800 and Parcel 8900. 'Dated this 12th day of July '"_ , 197 76 . Attest: y - M~yor EXHIBIT A Parcel 8800 That part of Lots 4 and 5, Block 5, MEADOW LAKE ZERRACE lying Westerly of a line running from a point on the Northerly line of said Lot 4 distant 16.50 feet Westerly along said Northerly line from the Northeast corner of said Lot 4 tO a point on the Southerly line of said Lot 5 distant 17.00 feet Easterly along said Southerly line from -the Southwest corner of said Lut 5. According to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Subject to easements of record. Parcel 8900 -That part of Lots 4 and 5, Block 5, MEADOW LAKE TERRACE lying Easteriy of a line running from a point on the Northerly line of said Lot 4 distant 16.50 feet Westerly along said Northerly line from the North- east corner of said Lot 4 to a point on the Southerly line of said Lot 5 distant 17.00 feet Easterly along said Southerly line from the Southwest corner of said Lot 5. According to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Subject ~o easements of record. RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE CITY OF NEW HOPE, MINNESOTA .PRESENT PLAT 62218 PARCEL455 (FOR NEW HOP~ANK ) (PLANNING CASE No. 76-47) 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'. . i 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 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: SEE ATTACHED EXHIBIT "A" - Parcel A and Parcel B. Dated this 12th day of July , 197 6 . Attes~~~ y J Mayor ~ ."k~/Z~r~a~ re r PARCEL A Commencing at SW corner of North 350 98/100 feet of W½ of NE¼ of NE¼, thence East to SE corner thereof, thence South to a point 165 feet North from SE corner of W½ of NE¼ of NE¼,thence West 82 5/10 feet, thence South 165 feet to South line thereof, thence West to SW corner of NE¼ of NE¼, thence North to beginning except roads. Except Parcel B as described below. PARCEL B The South 223.10 feet of the West 190.02 feet of the West one-half of the Northeast one-quarter of the Northeast 'one-quarter of Section 18, Township 118, Range 21, Hennepin County of Minnesota, said South 223.10 feet and West 190.02 feet being measured at right angles to the South and West lines respectively of said West one-half of the Northeast one-quarter of the Northeast one-quarter, subject to the rights of the public to 42nd Avenue North (County Road No. 9) as the same is now laid out and con- structed across said property, also subject to Xylon Avenue North as opened by the Village of New Hope according to deed document No. 995954 in the Office of the Registrar of Titles, Hennepin County, Minnesota. RESOLUTION DENYING VARIANCES AND BUILDING PERMIT FOR SW CORNER OF BASS LAKE ROAD & BOONE AVENUE NEW HOPE, MINNESOTA (Ernst, Applicant) The Council and Planning Commission and staff of the City have spent many hours in reviewing the proposed use of the premises located on the Southwest corner of Bass Lake Road and Boone Avenue in the City (see minutes and staff memos), and makes the following Findings of Fact: Although the present LI zoning permits both office use and ware- housing, the plans presented are inadequate for approval. 1. The Council does not find that the plan of the applicant to temporarily enclose a portion of the exterior with temporary materials meets the intent of the building code, and that even if a building permit was granted, a Certificate of Occupancy could not be given for the building as proposed. 2. The plans are too incomplete for an adequate evaluation by this Council. 3. In the judgment of this Council, based on the plans before it, and considering the elevations of the building and the land itself, the pro- posed use is not compatible with the terrain and the traffic patterns in the surrounding area. 4. Screening has not been provided, as required. 5. An adequate drainage plan has not been submitted to this Council for review to determine the effect of drainage on the site. 6. The Council does not have before it drawings of the exterior elevation. 7. The Council is not satisfied that the problems of truck access to the site, nor in the site have been resolved by the applicant. Traffic flow is not considered adequate and the proposed Bass Lake Road access is not suitable for truck traffic. 8. Adequate provision for handicapped parking at the South end of the building has not been made, nor for access between the two levels. 9. As presented, the design of the upper story is not suited to division into bays running the full length of the building, north and south. 10. The bottom floor with its low ceilings can function only a very limited way as a warehouse. 11. In summary, the overall design and layout does not appear to fit the proposed use. 12. The width of the easterly driveway of 22 feet should be 24 feet, instead of 22 feet as shown, and no grounds have been submitted to justify a variance. 13. Due to the floor layout of the proposed building, this Council finds that for practical purposes the North (front) parking should be con- sidered as available for employee parking; that posting of signs prohibiting employee parking will not accomplish the desired result: that a variance would be required for same, and that no grounds exist for a variance. NOW THEREFORE BE IT RESOLVED by the City Council of the City of New Hope, that the application for a building permit in Planning Case 76-12 is denied, as are both variances referred to in paragraphs 12 and 13, above. Dated the /~- day of July, 1976. /~7~ RESOLUTION APPROVING HENNEPIN COUNTY PROJECT NO. 7624 - TRAFFIC SIGNAL INSTALLATION AT47TH AVENUE ON CSAH 156 WHEREAS, plans for Hennepin County Project No. 7624 showing proposed traffic signal installation on County State Aid Highway No. 156 within the limits of the City as a County Aid Project have been prepared and presented to the City. NOW~THEREFORE BE IT RESOLVED,' that said plans, specifications, and special provisions be in all things approved. BE IT FURTHER RESOLVED that bids for this work will not be let until the City has had clearance from the regional office of HUD on both the f~nding and the environmental assessment for the project. If timing becomes a problem, the City shall be notified by the County and the City shall be given an opportunity to fund the project from somthing other than the 1977 Community Development Grant. BE IT FURTHER RESOLVED that the Mayor and the Manager are authorized to sign Agreement No. PW-09-.39-76, Hennepi'n County Project 7624. Dated this 12th. day of July 19 76 ~~~ ~4~ti h.q Mayor Attest: x ~lerk-Treasurer CERTI FICATI ON State of Minnesota) County of Hennepin) ss. 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 New Hope at a meeting thereof held in the City of New Hope, Minnesota on the /~. day Ofmy~/x~osm~6 ' , 19 ?~, as disclosed by the records of said City in ssion. ~yY~-Treas urer (Seal) RESOLUTION SUPPORTING THE WIDENING OF MEDICINE LAKE ROAD WHEREAS, the City of New Hope is concerned with the safety of persons living and traveling along County Road 70 (Medicine Lake Road), and WHEREAS, the street has varying widths at various points, increasing the possibility of accidents, and WHEREAS, the City of New Hope has discussed the possibilities of widening Medicine Lake Road in joint talks with the City of Golden Valley, the City of Crystal, and Hennepin County, and WHEREAS, the proposed improvement will have no dilatory affect upon the residents of New Hope living along Medicine Lake Road, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope to support the widening of County Road 70 (Medicine Lake Road), and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the City of Golden Valley, the City of Crystal and Hennepin County. Adopted this 26th day of July, 1976. ~y"C~rk-Treasurer RESOLUTION APPROVING HENNEPIN COUNTY PROJECT NO. 7521 - TRAFFIC SIGNAL INSTALLATION AT 49TH AVENUE ON CSAH #156 WHEREAS, Plans for Hennepin County Project No. 7521 showing proposed traffic signal installation on County State Aid Highway No. 156 withi, n the limits of the City as a County Aid Project have been prepared and presented to the City. NOW, THEREFORE, IT IS RESOLVED: That said plans, specifications, and special'provisions be in all things approved. BE IT FURTHER RESOLVED that the Mayor and the Manager are authorized to sign Agreement No. PW-06-39-76, Hennepin County Project 7521. Dated this 26th day of July, 1976 ATTEST: . ~ C~erk Tr asurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF NEW HOPE ) I hereby cert~ify 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 meeti~ng thereof held in the City of New Hope, Minnesota on the 26th day of July, 1976 as dis- closed by the records of said City in my possession. sea! ~ ~z~L]i~y Clerk Treasurer RESOLUTION APPROVING HENNEPIN COUNTY PROJECT NO. 7522 - TRAFFIC ,SIGNAL INSTALLATION AT 36TH AVENUE ON CSAH #~18 WHEREAS, Plans for Hennepin County Project No. 7522 ~howing pro- posed traffic signal installation on County State Aid Highway No. 18 within the limits of the City as a County Aid Project have been prepared and presented to the City. NOW, THEREFORE, IT IS RESOLVED: That said plans, specifications, and special provisions be in all things approved. BE IT FURTHER RESOLVED that the Mayor and the Manager are authorized to sign. Agreement'NS. PW-07-39-76, Hennepin County Projec~ 7522. Dated this 26th day of July APPROV E~~~~-~ ATTEST: ~1 e~Zk~Treas~ rer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF NEW HOPE ) I h~reby 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 at a meeting thereof held in the City of New Hope, Minnesota on the 26th day of July, 1976 as disclosed by the records of said City in my possession. Seal ' C~F~z Clerk-Treasurer RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE CITY OF NEW HOPE, .MINNESOTA PRESENT PLAT 62267 PARCEL 0100 (FOR Earl Wilson ,) BE IT RESOLVED by the City Council of the City of New Hope: 1. That Section 462.358, Subdivision 6, of the Laws of 1965, Ch. 670, provides that Subdivision regulations may provide for a procedure for varying the regulations as they apply to specific properties~where an unusual hardship on the land exists, but variances may be granted only upon specific grounds set forth in the regulations. 2. That Section 4.581 of the New Hope City Code provides that in any case in which compliance with the platting restrictions will create an unnecessary hardship and failure to comply does not interfere with ~the purpose of the Subdivision regulations, the platting authority (the City Council) may waive such compliance by adoption of a resolution to that effect, and that the conveyance may then be filed and recorded. 3. That this Council hereby finds and determines that as to premises described.in paragraph 4 hereinafter, compliance with the platting, restrictions of the City of New Hope will create an unnecessary hardship on the owner or petitioner, and fail-ure to comply does not interfere with the purpose of the Subdivision regulations in this instance, and the platting authority of the City of New Hope does hereby waive such compliance, and authorize the filing and recording of conveyances using substantially the legal description contained in the following paragraph: 4. Premises. in the County of Hennepin, State of Minnesota described as fbllows: Parcel 1 . That part of Lot 12 Block 1, Holberg Heights lying south of 35th Avenue North Parcel 2 - That part of Lot 1, Block 1, Holberg Heights lying .north of 35th Avenue North. Dated this 9th day of August .. , 1916 ..... . Attest: u~rl - reasurer o RESOLUTION APPOINTING ELECTION JUDGES FOR PRIMARY ELECTION OF SEPTEMBER 14, 1976 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The persons below named are hereby appointed judges for the Primary elections to be held,in the City of New Hope, County of Hennepin, State of Minnesota, on Tuesday, September 14, 1976. The judges appointed, the chairperson of the election board of each precinct designated and precinct and voting places wherein they shall serve and the hours of voting are as follows: A. FIRST PRECINCT -- Sunny Hollow School 8808 Medicine Lake Road To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. 544-2834 Darlene Lyman 3332 Ensign Av N 2:30 544-1055 Lois Gould 3027 Ensign Av N 544-9686 Betty Gardner 9109 34th Av N 545-5828 Virginia Ruggles 3527 Flag Av N 545-0826 Lorraine Clausen 9009 30th Av N Chairperson 545-8288 Elaine Wojack 3024 Ensign Av N 544-1418 Carole Keller 3032 Ensign Av N 545-6531 Audrey Cameron 9117 34½ Av N 546-4048 Patricia Vomhof 3041 Gettysburg Av N 2:30 Bt SECOND PRECINCT -- Sonnesyn Elementary School 3421 Boone Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. 544-3719 Wanda Sandberg 3513 Aquila Av N Chairperson 545-3903 Charlotte Linder 3308 Yukon Av N 544-2463 Josephine Smothers 2748 Aquila Av N 2:30 544-7038 Abby Walden 3301 Yukon Av N 544-8254 Mark Sawallich 3530 Zealand Av N 545-2604 Margaret Franzen 2816 Quebec Av N 546-7272 Helene Schultz 3531 Yukon Av N 544-5865 Beatrice King 3316 Xylon Av N 2:30 544-2184 Alyce Rodda 3437 Yukon Av N C. THIRD PRECINCT -- Parish Community of St. Joseph 3501 Boone Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. 537-7658 Marianne Wasnick 9029 46th Av N 533-5507 Elizabeth Harkwell 4301Cavell Av N 2:30 535-4567 Susan Bentley 8700 45th Av N 544-4815 Shirley Metz 9024 Northwood Py 544-2048 Sharon Bobgan 3708 Gettysburg Av N Chairperson 545~4429 Lorraine Folkerds 3748 Gettysburg Av N 2:30 544~,2304 Mary Schendel 3633 Boone Av N 533-1216 Berdella Fick 8941 48th Av N 533-5491 Milene Adams 9000 48th Av N D. FOURTH PRECINCT -- New Hope Elementary School 8301 47th Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. 533-9917 Joan Demeules 4964 Xylon Av N Chairperson 533-5570 Gloria Ford 8008 50th Av N 545-8702 Jerene Sueker 3924 Xylon Av N 544-5809 Jane Silvola ' ' 3909 Xylon Av N 546-1084 Stephen Carlson 8500 Hopewood Ln 2:30 533-0925 Eunice Groschen 4824 Virgihia Av N 537-5342 Louise Jacobs 8219 47th Av N 2:30 544-6198 Marilyn Merritt 8124 40th Av N 544-1135 Mary Huttner 8608 Hopewood Ln E. FIFTH PRECINCT -- Holy Nativity Lutheran Church--Youth Building 3540 Winnetka Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. 533-6335 Judith Berke 7779 48th Av N 533-7818 Jeanette Cooke 7820 48th AvN 2:30 537-8397 Marguerite Winker 7800 48th Av N 533-2976 Sharon Wachholz 7739 48th Av N 537-3889 Deanna Frandsen 3716 Maryland Av N Chairperson 533-8825 Geraldine Simertz 3708 Maryland Av N 533-9247 Midlred B. Owens 4741 Oregon Av N 537-3572 Dolores Stibal 7200 39th Av N 2:30 535-1303 Sandra Godfredson 7100 38th Av N F. SIXTH PRECINCT -- Hosterman JuniOr High School 5530 Zealand Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. 537-5608 Isabel Rudy 8421 Bass Lk Rd Chairperson 533-5913 Violet Underdahl 7706 53rd Av N 537-5565 Laurie Weinand 5600 Zealand Av N 537-4622 Virginia Mack 5420 Wisconsin Av N 537-5832 Natalie Stuhr 5635 Wisconsin Av N 537-1719 Mary Olson 7415 St. Raphael Dr. G. SEVENTH PRECINCT -- Meadow Lake Elementary School 8525 62nd Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. 537-3592 Pauline Jensen 5817 Decatur Av N Chairperson 533-7343 Geraldine Rehnke 8810 60th Av N 2:30 533-2891 Carol Rice 6033 Yukon Av N 537~5250 Alice Cassibo 8512 Bass Lk Rd 533-1870 Julia Holland 8716 Bass Lk Rd 533-3145 Marcella Loushin 8801 61st Av N 533-1909 Karen Johnson 8400 61½ Av N 533-6974 Virginia Thurler 5909 Aquila Av N 2:30 533-2828 Marilyn Davis 6089 Yukon Av N H. EIGHTH PRECINCT -- Winnetka Elementa~ School 7940 55th Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as otherwise noted. 537-6496 Dorothy Rudolph 5930 Wisconsin Cr 533-7592 Elaine Richardson 8011 60th Av N 537-6394' Shirley Esnough 8031 60th Av N 533-6158 Karol Dool~ 5841 Winnetka Av N 537-6340 Jean Pedersen 7961 59th Av N Chairperson 533-4522 Karol Hommes 6008 Winnetka Av N 533-3425 Virginia Clough 6065 Sumter P1 537-2125 Shirley Janzen 6032 Sumter Av N I. ABSENTEE PRECINCT -- Ci~ Office 4401 ~lon Avenue North To serve from 10:30 a.m. to completion of process. 533-2313 Rosema~ Kaisershot 4031Ma~land Av N 535-6986 Sandra Tomczik 4501 Flag Av N 545-4155 Irene Clark 3808 ~lon Av N 546-1946 Rita Sanders 8308 Northwood Py 545-4860 Donna Richards 8009 38½ Av N 544-6352 Maw Bevans 3933 Virginia Av N Adopted by the Council this 9th day of August, 1976. Attest: ~~liot, City Clerk-Treasurer ORDINANCE NO. 76- ]8 AN ORDINANCE AMENDING CHAPTER 4.560 OF THE CITY CODE PERTAINING TO PLAT BOND REQUIREMENTS. City of New Hope, Minnesota The City Council of the City of New Hope ordains as follows: Section 1. Section 4.561, Standard Procedure, Plan A Plat, of the City Code is hereby amended to read as follows: 4.561 Plat Bonding Requirements Before a final plat is approved by the Council, the owner and subdivider of the land covered by said plat shall execute and submit to the Council an agreement to make and install within one year, all improvements required to be installed by him under the provisions of this Ordinance, in accordance with the timetable and plans and specifications therefor, to be prepared or approved by the City Engineer, or, as to improvements which the' City has installed, and for which the developer has agreed to pay, any special assessments levied upon the premises included in the plat. The agreement (here- inafter sometimes referred to as Development Contract) shall be accompanied by a cash escrow equal to the City Engineer's estimated cost for completing said improvements, or a performance .bond (sometimes referred to as a subdivision bond) to be approved by the City, in an amount equal to 1-1/.2 times the City Engineer's estimated cost of said improvement. Bond amounts for assessments for which the developer agrees to pay shall be determined initially by the cost of the project as estimated by the City Engineer, and may subsequently be modified by the City based upon the actual assessments levied. The bond shall be accompanied by surety and conditions satisfactory to the City to assure the City that such improvements and utilities will be actually constructed by' the developer according to the specifications approved by the City Council as expressed in the Development Contract, and that assessments which the developer has specifically agreed to pay in accordance with its contract are in fact paid on a timely basis. The performance bond or cash escrow shall be conditioned upon: Subd. (1) Completion of Improvements. The making and installing of the improvements required under the terms of the ordinance within the one-year period, unless the said one-year period is extended by the City by resolution, or by the City not taking action to compel timely performance by the developer, for any reason. If the City has agreed to perform the work, the completion of the im- provements shall be performed within the time established by the Council. Subd. (2) Completion of Work. Completion of the work undertaken by the owner or subdivider in accordance with the Development Contract executed by him and for him. Subd. (3) Payment of Assessments. Payment on a timely basis of all assessments against the premises which the developer has specifically and con- tractually agreed to pay. Section 2. Subdivisions (3), Repayment of City Expenses, and (4), Enforcement of Performance Bond, remain unchanged. Section 3. Section 4.562, Alternate Procedure, Plan B Plat, is repealed. 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 9th day of , August , 1976. //' - dw~r-~d J. Er{'ckson, Mayor Attest: ~~~~ Be~ P~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 26thday of August , 1976.) -2- 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 residential property owners in compliance with the provisions of Minnesota Statutes, Section 18.023~ ADOPTED BY THE COUNCIL THIS 9th DAY OF ~J~i~1976. ATTEST: ~~ b~X~r k' Treasurer CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF MARTHA GARDENS 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. ~~ x' ~ ~ Mayor Attest:~~]~ // // ~==~r~-Treasur~r CERTI FI CATI ON STATE OF MINNESOTA SS COUNTY OF HENNEPIN .. I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of New Hope, hereby attest and certify that: " (1) as such officer, I have the legal custody of the original Resolution of which the foregoing is a true and correct copy: (2) that said Resolution was duly adopted at a meeting of the City Council of said City on the date hereafter indicated; and - (3) said meeting was duly held, pursuant to call and notice there- ' of as required by law, on Auoust 9, 1976 Witness my hand and the seal of said City this 9th day of Auoust , 19 76. City Clerk Treasurer 13.-5 RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF MARTHA GARDENS BE IT RESOLVED by the Council of the City o'~ New Hope, Ninnesota 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 un~il 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: Development contract and bondine shall also meet conditions set forth by City Attorney in his letter of August 9, 1976 pertaining to MARTHA GARDENS. Adopted by the Council this 9th day of August · 1976 . ~~ ~/ ...... Mayor Attest: ~TClerk-Treasurer CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF GETTYSBURG HILLS 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 here~by authorized to sign the final plat.  × Mayor Attest × q~f~fk-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 August 9, 1976 Witness my hand and the seal of said City this 9th day of August , 19 76. ~~--~C~ityClerk_Treasurer RESOLUTIDN SETTING FORTH CONDITIONS ON PLAT APPROVAL OF GETTYSBURG HILLS 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: Development contract and bondina to also cover conditions set forth by City Attorney in his letter of August 4, 1976 pertaining to GETTYSBURG HILLS. Adopted by the Council this 9th day of August , 1976 . , C er -Treasurer RESOLUTION APPROVING CONSOLIDATION OF SANITARY SEWER AND WATER IMPROVEMENT NO. 311 WITH SANITARY SEWER AND WATER IMPROVEMENT NOS. 315 AND 316, APPROVING FINAL PLANS AND SPECIFICATIONS FOR SAID CONSOLIDATED IMPROVEMENT, CHANGING THE NUMBER OF SAID IMPROVEMENT TO 311A, AND ORDERING ADVERTISEMENT FOR BIDS. (PROPOSED GETTYSBURG HILLS, MARTHA GARDENS AND COOPER-HERMAN PLATS) City of New Hope, Minnesota BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council has heretofore ordered the construction of public im- provement Nos. 311, 315 and 316, being sanitary sewer and water improvements, and plans and specifications have been ordered for advertisement for bids for said improvements. 2. It is hereby determined to be feasible and to the best interests of the City to combine Improvements 311, 315 and 316 into a single set of plans and specifications for bidding purposes and for the letting of a contract, pursuant to Minnesota Statutes § 429.041, and said combining is so ordered, and said im- provements shall be identified hereafter as Sanitary Sewer and Water Improvement No. 311A. 3. Plans and specifications of said combined Sanitary Sewer and Water Improvement No. 311A of the City, as heretofore prepared by Orr-Schelen-Mayeron & Associates, Inc., Engineers for the City, have this day been presented to the Council, and such plans and specifications are hereby approved, and a copy thereof shall be placed on file in the office of the City Clerk-Treasurer. 4. The City Clerk-Treasurer and the engineers are hereby authorized and directed to advertise for bids in the New Hope-Plymouth Post, the official newspaper of the City, and in the Construction Bulletin for the construction of proposed improvement, said advertisement for bids to be in substantially the form attached hereto and made a part hereof. Adopted by the Council this 9th day of August, 1976. l~e~f~liot, Clerk-Treasurer (Seal) RESOLUTION APPROVING CONSOLIDATION OF STREET AND STORM SEWER IMPROVEMENT NO. 312 WITH STREET IMPROVEMENT NOS. 317 AND 318, APPROVING FINAL PLANS AND SPECIFICATIONS FOR SAID CONSOLIDATED IMPROVEMENT, CHANGING THE NUMBER OF SAID IMPROVEMENT TO STREET AND STORM SEWER IMPROVEMENT NO. 312A, AND ORDERING ADVERTISEMENT FOR BIDS. (PROPOSED GETTYSBURG HILLS, MARTHA GARDENS AND COOPER-HERMAN PLATS) City of New Hope, Minnesota BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council has heretofore ordered the construction of public im- provement Nos. 312, 317 and 318, being street and storm sewer improvements, and plans and specifications have been ordered for advertisement for bids for said improvements. 2. It is hereby determined to be feasible and to the best interests of the City to combine Improvements 312, 317 and 318 into a single set of plans and specifications for bidding purposes and for the letting of a contract, pursuant to Minnesota Statutes § 429.041, and said combining is so ordered, and said improvements shall be identified hereafter as Street and Storm Sewer Improve- ment No. 312A. 3. Plans and specifications of said combined Street and Storm Sewer Improvement No. 312A of the City, as heretofore prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have this day been presented to the Council, and such plans and specifications are hereby approved, and a copy thereof shall be placed on file in the office of the City Clerk-Treasurer. 4. The City Clerk-Treasurer and the engineers are hereby authorized and directed to advertise for bids in the New Hope-Plymouth Post, the official newspaper of the City, and in the Construction Bulletin for the construction of proposed improvement, said advertisement for bids to be in substantially the form attached hereto and made a part hereof. Adopted by the Council this 9th_~~ of~t, 1976. //~ - ~-~rd J. Eriek.~on¥-Mayor Attest: ~~~) Betty~l~ouliot, Clerk-Treasurer (Seal) .... ADVERTISEMENT FOR BIDS The City Council of the City of New Hope, Minnesota will receive bids at the City -~ Hall, 4401Xylon Avenue No., Minneapolis, Minnesota until 10:00 A.M., C.D.S.T. Friday, Sept. 3, 1976, for the furnishing of all labor, materials and other appurtenances in connection with the construction of the following: 1976 STREET IMPROVEb~NTS 70,000 Cu.yds. Excavation _ 6,630 Lin.ft. Concrete curb and gutter 2,135 Tons Bituminous surfacing 800 Tons Class 5 Base 3,500 Tons Class 2 Base 1,500 Lin ft 12" 15" & 18" RCP Storm Sewer 16 Each Manholes & Catch basins and correlated appurtenances. Plans .and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, New Hope, Minnesota and at the office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St.Paul, Minnesota 55113. No bids will be considered unless sealed and filed with the Clerk and accompanied -- by a bidder's bond naming the City of New Hope as obligee, certified check payable _ to the City Clerk of the City of Ne~ Hope or a cash deposit equal to at least five percent (5%) of the amount of the bid, which shall be forfeited to the City in the -- event that the bidder fails to enter into a contract. --- The City Council reserves the-right to retain the deposit 6f the three lowest bidders for a period not to exceed 30 days after the date and time set for the - opening of bids. No bids may be withdrawn for a period of thirty (30) days after the date and time set for the opening of bids. Payment for the work'will be by cash or check. Contractors desiring a copy of nne -01ans and specifications and proposal forms may obtain them from the office of Bonestroo, Rosene~ Anderlik & Associates, Inc., upon payment of a deposit of $30.00, all of which will be refunded to all bona fide bidders, providing said plans and specifications are returned in good con- dition within fzfteen (15) days after the date set for the openin: of bids. A bona fide bidder is one who actually signs an~ submits a bid. No money will be re- - funded to any person who obtains plans and specifications and does not submit a bid to the Owner, The City Council reserves the right to reject any and -_~! bids, to waive irregu- larities and informalities therein and further reserve, the right to award the contract to the best interests of the City. Harlan Larson, Manager New Hope, Minnesota RE SOLUTION DE CLARING DEVELOPER TO BE IN DEFAULT BE IT RESOLVED by the City Council of the City of New Hope, WHEREAS, the City of New Hope entered into an agreement on October 10, 1972, titled Collateral Substitution Agreement, with George A. Johnson, covering certain improvements to two plats known as Twin Terra Linda 2nd and 3rd Additions, to-wit: boulevard trees and sod, more particularly described in Exhibit "A" to this resolution; and WHEREAS, the City Engineer has ascertained that the improvements described above have not been completed, and that sum necessary to complete said improvements is $3,375.00; and WHEREAS, George A. Johnson is now deceased, and Audrey M. Johnson has been appointed personal representative of his estate; and WHEREAS, the period for filing claims in the estate of the above named is October 4, 1976, NOW THEREFORE, BE IT RESOLVED 1. That the Manager is authorized to take whatever steps necessary to apply the collateral, with any accrued income, to the indebtedness described above, 2. The Manager, Engineer and Attorney are hereby ordered to proceed to collect any deficiencies remaining after application of the collateral, including any engineering and attorneys fees incurred herein. Dated the ~,~ ~'~ day of August, 1976. Attest: ~ward,~. Erickson, Mayor J~ e{~ o~14iot, Clerk-Treasurer ORDINANCE NO. 76-] 9 AN ORDINANCE AMENDING SECTION 3. 154 OF THE HOUSING MAINTENANCE CODE; REGISTRATION OF MULTIPLE DWELLINGS. City of New Hope, Minnesota The Council of the' City of New Hope ordains: Section 1. Section 3.254 of the City Code, entitled "Annual Registration" is amended as to the Iast paragraph thereof as follows: 3. 154 Annual Registration A fee'Of $15.00 per multiple dwelling building, or multiple dwelling com- - plex under a single ownership and identified by a single legal description, plus $1.00 for each unit therein, shall be collected by the Clerk-Treasurer for each registration under this code. However, if the registration is not made within the time set forth in this Section, then the registration fee io be paid shall be double the amount of the' fee otherwise required by this Section. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the.~ity of New Hope the 23rd day of August, 1976. Edvcar~ickSon, Mayor ~'/ Attest: Be~~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the day of ' '' , 1976. RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT NO. 309 (NEVADA AVENUE NORTH OF 27TH) WHEREAS, this Council did, on October 14, 1975, after hearing, upon notice published and mailed as required by law, order the construction of Street Improvement No. 309 (Nevada Avenue north of 27th Avenue); and WHEREAS, this Council did, on May 10, 1976, award the contract for the construction of Street Improvement No. 309; and WHEREAS, the total estimated cost of the aforementioned project is the sum of $31,731.60 and of this amount, the City will pay as its share the sum of SNONE. NOW,I 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 Improvement No. 309 and the amount to be assessed is as hereinafter set forth: Total cost $31,731.60 City share NONE To be assessed $31,731.60 2. The City Clerk-Treasurer, with such engineering and legal assis- tance as shall be required, shall forthwith tabulate the entire amount to be assessed for the improvement against every assess- able lot, piece or parcel benefitted by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this ~ day of ./~/.~ , 1976 RESOLUTION DETERMINING TOTAL COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLLS FOR STORM SEWER IMPROVEMENTS NOS. 301 AND 305 WHEREAS, this Council did, on August ll, 1975, after hearing, upon notice published and mailed as required by law, order the construction of Storm Sewer Improvement No. 301 (Ella Addition and adjacent drainage area); and WHEREAS, this Council did, on August 11, 1975 after hearing, upon notice published and mailed as required by law, order the construction of Storm Sewer Improvement No. 305 (drainage area between Cooper High School and west of Louisiana Avenue); and WHEREAS, this Council did, on August 25, 1975, combine Storm Sewer Improvements Nos. 301 and 305 for bidding purposes pursuant to M.S. 429.041 (1); and WHEREAS, this Council did, on September 22, 1975, award the contract for the construction of Storm Sewer Improvements Nos. 301 and 305; and WHEREAS, the total estimated cost of Storm Sewer Improvement No. 301 is the sum of $8,825.82 of which the City of New Hope will pay as its share the sum of $2,647.75; and WHEREAS, the total estimated cost of Storm Sewer Improvement No. 305 is the sum of $15,474.57 of which the City of New Hope will pay as its share the sum of $4,642.37. 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 costs of Storm Sewer Improvements Nos. 301 and 305 and the amounts to be assessed for said improvements are as hereinafter set forth: Improvement Improvement 301 305 Total cost $8,825.82 $15,474.55 City share 2,647.75 4,642.37 Amount to be assessed $6,!78.07 $10,832.18 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 benefitted by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this ~-~ day of ~u~j~/~-- , 1976. RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLLS FOR STREET AND WATER IMPROVEMENT NO. 302 (SOUTHERLY EXTENSION OF QUEBEC AVE. NO. FROM 42ND AVE. NO.--YMCA) WHEREAS, this Council did, on June 23, 1975, after hearing, upon notice published and mailed as required by law, order the construction of Street and Water Improvement No. 302 (southerly extension of Quebec Ave. No. from 42nd Ave. No. to YMCA and adjacent premises); and WHEREAS, this Council did, on August 25, 1975 award the contract for construction of Street and Water Improvement No. 302; and WHEREAS, the total estimated cost of the project is the sum of $50,021.17 and of this amount the City will pay as its share the sum of SNONE. 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 Water Improvement No. 302 and the amount to be assessed are as hereinafter set forth: Street Water Park Total cost $33,495.00 $10,732.07 $5,794.10 City share 5,794.10 To be assessed $33,495.00 $10,732.07 $ 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 benefitted by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this ~~ /~j -- day of ~ , 1976. Attest: ~~-' CT~y~/~erk-Treasurer RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLLS FOR SEWER AND WATER IMPROVEMENT NO. 308 (NEVADA AVENUE, NORTH OF 27TH AVENUE NORTH) WHEREAS, this Council did, on October 14, 1975, after hearing, upon notice published and mailed as required by law, order the construction of Sanitary Sewer and Water Improvement No. 308, and WHEREAS, this Council did, on November 10, 1975, award the contract for the construction of Sewer and Water Improvement No. 308, and WHEREAS, the total estimated cost of the aforementioned projects is the sum. of $27,144.20 and of this amount, the City will pay as its share the sum of SNONE. 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 Sanitary Sewer and Water Improvement No. 308 and the amounts to be assessed are as hereinafter set forth: Water Sewer Total cost $13,006.78 $14,1 37.42 City share ..... To be assessed $13,006.78 $14,137.42 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 benefitted by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this ~ day of /~~ , 1976. Attest: ~~~_~~C RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLLS FOR SANITARY SEWER AND WATER IMPROVEMENT NO. 300 (ELLA ADDITION) WHEREAS, this Council did, on May 27, 1975, after hearing upon notice published and mailed as required by law, order the construction of Sanitary Sewer and Water Improvement No. 300, and WHEREAS, this Council did, on August 11, 1975 award the contract for Sanitary Sewer and Water Improvement No. 300, and WHEREAS, the total estimated cost of the aforementioned projects is the sum of $19,579.32 and of this amount, the City will pay as its share the sum of SNONE. 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 Sanitary Sewer and Water Improvement No. 300 and the amounts to be assessed are as hereinafter set forth: Water Sewer Total Total cost $10,292.82 $9,286.50 $19,579.32 City share ..... TO be assessed $10,292.82 $9,286.50 $19,579.32 2. The City Clerk-Treasurer, with such engineering and legal assis- tance as shall be.required, shall forthwith tabulate the entire amount to be assessed for the improvement against every assess- able lot, piece or parcel benefitted by the making of said improvement, in accordance with provisions of Minnesota Statutes. Dated this ~-~ day of ~x~~-- , 1976. Attest: ~~ Cit~k-TreasQrer- RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLLS FOR'SHADE TREE DISEASE CONTROL IMPROVEMENTS NOS. 307 AND 310 WHEREAS, following notice and hearing as required by law, the City of New Hope has incurred cost for the removal of diseased trees located on private property or boulevards abuttina private property under Improvement Nos. 307 and 310, and WHEREAS, certain of the charges for the work performed by the City has not been reimbursed by the benefitted property owner; such amounts being $834 for Shade' Tree Disease Improvement No. 307 and $678 for Share Tree Improvement No. 310; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that: 1. It is hereby determined that the total estimated charges for diseased shade tree removal in connection with projects nos. 307 and 310, the entire cost which is to be assesSed, is as follows: Imp. No. 307 -- $834 Imp. No. 310 -- $678 2. The City Clerk-Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the amount to be assessed against each lot, piece or parcel benefitted by the services Performed, in accordance with provisions of Minnesota Statutes. Dated this ~?~/ day of ~//~/~ ~,s ~ , 1976. //" Mayor /// Attest: .. Cit~'y~-C~-?reas urer RESOLUTION PROVIDING FOR HEARING ON ASSESSMENTS FOR SANITARY SEWER AND WATER MAiN IMPROVEMENT NO. 300 STORM SEWER IMPROVEMENT NO. 301 STREET AND WATER IMPROVEMENT NO. 302 STORM SEWER IMPROVEMENT NO. 305 CONTROL OF SNADE l:REE DISEASES IMPROVEMENT NO. 307 LATERAL SANITARY SEWER AND WATER MAIN IMPROVEMENT NO. 308 STREET IMPROVEMENT NO. 309 CONTROL OF SHADE TREE DISEASES IMPROVEMENT NC. 310 ASSESSMENTS FOR DELIIiQUENT SEWER AND WATER CHARGES, CONNECTION CHARGES, INVOLUNTARY SEWER AND WATER CONNEC- TION CHARGES, CONNECTION CHARGE INSTALLMENTS, DELINQUENT CITY SERVICES-!976, AND WEED ELIMINATION BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. The assessment rolls hereto~fore duly prepared for the above-captioned public improvements of the City of New Hope, and now on file in the office of the City Clerk-Treasurer, are hereby approved as the proposed assessments for said improvements and this Council shall meet at the time and place indicated in the notice attached hereto for the purpose of passing upon said assess- ments 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. 300 STORM SEWER IMPROVEMENT NO. 301 STREET AND WATER IMPROVEMENT NO. 302 STORM SEWER IMPROVEMENT NO. 305 CONTROL OF SHADE TREE DISEASES IMPROVEMENT NO. 307 LATERAL SANITARY SEWER AND WATER MAIN IMPROVEMENT NO. 308 STREET IMPROVEMENT NO. 309 CONTROL OF SHADE TREE DISEASES IMPROVEMENT NO. 310 ASSESSMENTS FOR DELINQUENT SEWER AND WATER CHARGES, CONNECTION CHARGES, INVOLUNTARY SEWER AND WATER CONNECTION CHARGES, CONNECTION CHARGE INSTALLMENTS, DELINQUENT CITY SERVICES-1976, 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 27th day of September, 1976, at 7:30 o'clock P.M., to hear, consider and pass upon all written or oral objections, if any, to proposed assessments for the public improvements of the City described in the caption, and hereinafter. The proposed assessment rolls are now on file and open to public inspection by all persons interested, in the office of the City Clerk. The entire amount assessed against any parcel of land will be payable unless prepaid in equal consecutive annual installments as specified below, the first of such install- ments to be payable with the general taxes for the. year !977. The' first in- stallment 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, 1977, and each subsequent installment will be payable with one year~s interest at said rate on ail unpaid lnSC~lime~ics, except ~-* 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. 300 Construction of lateral sanitary sewer and water main and appurtenant work to serve an area described as: ELLA ADDITION That part of S 13 1/3 rods of W 180 ft of NW¼ of SE¼ of NW¼ lying N of S 75 ft thereof, except road. B. Storm Sewer Improvement No. 301 Construction of storm sewer including drainage pipe, catch basins, and appurtenant work to serve an area described as: All that portion lying between 36th Avenue North, 35th Avenue North, Flag Avenue North and Hillsboro Avenue North. Sec. 19, Twp. 118, Tge. 21. C. Street and Water Improvement No. 302 Construction of lateral water main including house services, manholes, and a public street, consisting of gravel base, bituminous surfacing, concrete curb and gutter, and appurtenant work to serve an area described as follows: (1) Street portion of improvement: The Southerly extension of Quebec Avenue No., south of 42nd Ave.. No. a'distance of 680 ft., more or less being premises in the E 1/2 of Lot 9, Auditor's Subd. 324, on each side of a line described as the North 680 ft. of a line commencing at a point in the South line of Lot 9 distant 938.25 ft East from the SW corner thereof, thence Northerly 1330.5 ft~ to a point in the north line of Lot 9 distant 975.2 ft. easterly along said north lot line from the west line of Sec. 17, Twp. 118, Rge. 21. (2) Water main portion of improvement: North 240 ft. of the premises described in C.(I) above. D. Storm Sewer Improvement No. 305 Construction of storm sewer including acquisition of property, regrading, resurfacing and construction of all types of drainage and drainage modification structures and appur- tenant work to serve an area included in the following areas: The SW¼ of Section 8, I~P 118, Rge. 21 The NE¼ of SE¼ of Section 7, TWP 118, Rge. 21 The North 300 feet of the SE¼ of SE¼ of Section 7, TWP 118, Rge. 21 (Drainage area between Cooper High School and East of Louisiana Avenue North) E. Control of Shade Tree Diseased Improvement No. 307 Control of Shade tree diseases in accordance with Minnesota Statutes 18.023 and Sections 9.80 through 9.91 of the City Code, covering the following described properties: That part of N¼ of SW¼ lying S of County'Road No. 10 Nly and Wly of Service Rd and E of Inter- national Parkway. Sec 6, TWP 118, Rge 21. Lot l, Block 3, Meadow Lake Heights 1st Addn. Lot 1, Block 2, Hazel Hills 2nd Addn. Lot 10, Block 1, Mork Campion Manor F. Lateral Sanitary Sewer and Water Main Improvement No. 308 To provide lateral sanitary sewer and water main extension on Nevada Avenue North, northerly from Medicine Lake Road. Tracts A & B of Registered Land Survey 1362 Sec. 20, Twp. 118, Rge. 21. G. Street Improvement No. 309 Construction of a str6et improvement including gravel .base, bituminous surfacing, concrete curb and gutter, and other appurtenant work to serve an area described as follows: Tract A & B of Registered Land Survey 1362 Sec. 20, Twp. 118, Rge. 21. H. Control of Shade T~ee Diseases Improvement No. 310 Control of shade tree diseases in accordance with Minnesota Statutes 18.023 and Sections 9.80 through 9.91 of the City Code, covering the following described properties: Lot 5, Block 6, Begin Addition Commencing at NW corner of NW¼ of NW¼ thence E to NE corner thereof thence S to Nly line of Rockford Road thence W along said road line 67 ft thence N 150 ft, thence W 100 ft thence S to said road line thehce Wly along said road line to W line of NWN thence N to beg ex Hwy. Sec. 18, Twp. ll8, Rge.21 That part of the E 41 rods of the N½ of SW¼ of NW¼ lying S of N 7 rods thereof and W of Baker & Smith 1st Addn and that part of W 39 rods of NW¼ of NW¼ lying S of Road also that part of W 39 rods of N½ of SW¼ of NW¼ lying N of S 150 ft thereof except Road and Hwyo Sec~ 18, Twp.ll8, Rge. 2i. 3. The areas proposed to be assessed for the making of the improvements. stated in subparagraphs A through H, 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. Delinquent Sanitary Sewer and Water Charges, Connection Charges, Involuntary Sewer and Water Connection Charges, Connection Charge Installments, Delinquent Street Lighting, City Services-1976, and Weed Elimination. See proposed assessment rolls on file in the office of the City Clerk- Treasurer. Dated this 23rd day of _August __ , 1976. BETTY POULIOT Clerk-Treasurer (Published in the New Hope-Plb-~outh Post September 9 , 1976.) 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 ~_~ 7~- , 1976. ATTEST: ci ~/erk'Treasurer RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER AND WATER IMPROVEMENT NO. 311A (GETTYSBURG HILLS, MARTHA GARDENS, COOPER HERMAN) City of New Hope, Minnesota BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the construction of Sanitary Sewer and Water Improve- ment No. 311A were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 11 o'clock A.M. on the 3rd day of September, 1976, as hereto- fore authorized by the Council. 2. That advertisement for bids for the construction of said improvement was published in the New Hope-Plymouth Post, the official newspaper of the City, on the 12th and 19th days of August, 1976, and in the Construction Bulletin on the 13th and 20th days of August, 1976. 3. It is hereby found and determined by this Council that the bid of Hennen Construction Co. in the amount of $89,884.50 is the lowest responsible bid submitted for the construction of said improvement; that Orr-Schelen- Mayeron & Associates, Inc., Engineers for the City, have recommended to this Council approval of the 'said Iow bid, and the award of the contract for the construction of the improvement to the said low bidder, and this Council does hereby award the contract for the construction to the said Hennen Construction Co.; subject, however, to the following condition precedent: That if a bond is furnished within 15 days of the date hereof, in a form and substance satisfactory to the City Manager, with advice of counsel, to secure the satisfactory performance of the Development Contract for boulevard im- provements for proposed Gettysburg Hills Addition of the City, the Mayor and Manager are thereupon authorized to execute a construction contract for said Improvement No. 311A as consolidated, conditioned further upon the contractor furnishing a performance bond as required by law. Adopted by the Council this 13th day of September, 1976. Attest: ~~ /× Ed~r~d-~J ' Erieks°n 'May°r B~e~t~uliot, Clerk-Treasurer RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF STREET IMPROVEMENT NO. 312A (GETTYSBURG HILLS, MARTHA GARDENS, COOPER HERMAN) City of New Hope BE IT RESOLVED by the City Council of the New Hope as follows: 1. That bids for the construction of Street and Storm Sewer Improve- ment No. 312A were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 10 o'clock A.M. on the 3rd day of September, 1976, as heretofore authorized by the Council. 2. That advertisement for bids for the construction of said improvement was published in the New Hope-Plymouth Post, the official newspaper of the City, on the 12th and 19th days of August, 1976, and in the Construction Bulletin on the 13th and 20th days of August, 1976. 3. It is hereby found and determined by this Council that the bid of Forest Lake Contracting, Inc. in the amount of $160,904.15 is the lowest re- sponsible bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have recommended to this Council approval of the said Iow bid, and the award of the contract for construction to the said iow bidder, and this Council does hereby award the contract for said construction to said Forest Lake Con- tracting, Inc.; subject, however, to the following condition precedent: That if a bond is furnished with 15 days of the date hereof, in a form and substance satisfactory to the City Manager, with advice of counsel, to secure the satisfactory performance of the Development Contract for boule- vard improvements for proposed Gettysburg Hills Addition of the City, the Mayor and Manager are thereupon authorized to execute a construction contract for said Improvment No. 312A as consolidated, conditioned further upon the contractor furnishing a performance bond as required by law. Adopted by the Council this 13th day of September, 1976. ~/ EdWard J. Erickson, Mayor BL~T~y P~uliot, Clerk-Treasurer RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 322 (GORDON'S LAKEVIEW TERRACE 2ND ADDITION) BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Orr-Schelen-Mayeron & Associates, Inc., Engineers for the City have heretofore reported to this Council that a water and sewer improvement for the City as hereinafter described is feasible and may best be made as proposed and not in con- junction with any other improvement, and that the estimated cost of said improvement to the City is $28,800. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereto for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official news- paper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED SANITARY SEWER AND WATER IMRPROVEMENT NO. 322 City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on Tuesday, October 12, 1976 at 7:00 o'clock P .M. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described herein- after. 2. The general nature of the improvement is the construction of sanitary sewer and water main and all other appurtenant works and ser- vices reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: The Westerly 700 feet of the Southerly 900 feet of the Northwest Quarter of Section 18, Township 118, Range 21. 3. The estimated cost of said improvement is $28,800. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 27th day of September, 1976. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 30th day of September, 1976 and the 7th day of October, 1976. 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 27th day of September, 1976. /// ' ~Edw~ ~. Erickson, Mayor Attest: ~ r B~ P~du-liot, Clerk-Treasurer -3- RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT NO. 323 (GORDON'S LAKEVIEW TERRACE 2ND ADDITION) BE IT RESOLVED by the City Council of the City of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City have heretofore reported to this Council that a storm sewer improvement for the City as hereinafter described is feasible and may best be made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the City is $9,320.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official newspaper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED STORM SEWER IMPROVEMENT NO. 323 (GORDON'S LAKEVIEW TERRACE 2ND ADDITION) City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 12th day of October, 1976 at 7:00 o'clock P.M. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described herein- after. 2. The general nature of the improvment is the construction of storm sewer including parts, drainage structures, and all other appurtenant works and services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follow s: Southwest 1/4 of the Southwest 1/4, Section 18, Township 118, Range 21. 3. The estimated cost of said improvement is $9,320.00. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 27th day of September, 1976. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 30th day of September and the 7th day of October, 1976. 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 27th day of September, 1976. ~~d J. Erickson, Mayor Attest: ~~ etty Pouliot, Clerk-Treasurer -3- ORDINANCE NO. 76- 20 AN ORDINANCE AMENDING SECTIONS 10.01 (6), 10.17(1), 10.19(2), 10.412(6), 10.415(1)-(7) RELATIVE TO PURCHASE AND CONSUMPTION OF NON-INTOXICATING MALT LIQUORS AND INTOXICATING LIQUORS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 10.01(6), Definitions, is amended to read as follows: Subd. (6) Minor. A "minor" is any person under 19 years of age. Section 2. Section 10.17(1), Persons Ineligible for Licenses, is amended to read .as follows: No license shall be granted to Or held by any person .who is: (1) Under 19 years of age. Section 3. Section 10.19(2), Sale to Minors or Intoxicated Persons, is amended to read as follows: Subd. (2) Sale to Minor or Intoxicated Persons. No beer shall be sold to any intoxicated person or to any person under 19 years of age. Section 4. Section 10.412(6), Conditions of License, shall be amended to read as follows: Subd. (6) No intoxicating liquor shall be sold or furnished or delivered to anyone who, by his physical appearance and mannerisms, ap- pears to be in a state of inoxieation, to any habitual drunkard, to any person under 19 years of age, or to any person to whom sale is prohibited by State Law. Section 5. Section 10.415, Subds. (1)- (7), Restrictions Involving Minors, are hereby amended to read as follows: 10.415 Restrictions Involving Minors. Subd (1) No licensee, his agent, or employee shall serve or dispense upon the licensed premises any intoxicating liquor or non-intoxicating malt liquors to any person under the age of 19 years; nor shall such licensee, his agent, or employee permit any person under the age of 19 years to be furnished or consume any such liquors on the licensed premises; nor shall such licensee, his agent, or employee permit any person under the age of 19 years to be delivered any such liquors. Subd. (2) No person under 19 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor or non-intoxicating malt liquor nor shall he enter any premises licensed for the retail ...... sale of intoxicating liquor or non-intoxicating malt liquor for the purpose of purchasing or having served or delivered to him for consuming any such intoxicating liquor or beer nor shall any such person Purchase, attempt to purchase, consume, or have another person purchase for him any intoxicating liquor or beer. Subd. (3) No person under 19 years of age shall receive delivery of intoxicating liquor. Subd. (4) No person shall induce a person under the age of 19 years to purchase or procure or obtain intoxicating liquor or non- intoxicating malt liquor. Subd. (5) Any person who may appear to the licensee, his employees or agents to be under the age of 19 years shall, upon demand of the licensee, his employee or agent, produce and permit to be examined an identification certificate issued by any clerk of the District Court in the State of Minnesota pursuant to Sections 626. 311 through 626.319, Minnesota Statutes, Laws 1973, Chapter 508. -2- Subd. (6) In every prosecution for a violation of the provisions of this ordinance relating to the sale or furnishing of intoxicating liquor or non-intoxicating malt beverage to persons under the age of 19 years, and in every proceeding before the City Council with respect thereto, the fact that the minor involved has obtained and presented to the licensee, his employee or agent, a verified identification card issued by the Clerk of any District Court in the State of Minnesota, from which it appears that said person was 19 years of age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a pro- vision and shall be conclusive evidence that a violation, if one has occurred, was not wilful or intentional. Subd. (7) Any person who may appear to the licensee, his employee or agent to be under 19 years of age and who does not have in his possession any identification certificate as above described, may sign and execute a statement in writing as follows: *** The above form shall be furnished at the expense of all licensees desiring to use the same and when properly executed may be considered as evidence in any prosecution and by the City Council in any proceeding before the Council or a committee thereof relating to the business or operations of the licensee. Such forms after execution shall be kept on file by the licensee for a period of one yea~. Section 6. The effective date of this ordinance shall be September 1, 1976, and for purposes of the provisions of this ordinance, any person who is 18 years of age on August 31, 1976 shall be deemed to be the age of 19 until such person attains the age of 20. Section 7. This ordinance shall be effective from and after the above date, and its passage and publication. Passed by the City Council of the City of New Hope the ]3th day of Septe~er , 1976. Attest: v __ Betty ~v~uliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 23~'d day of .September , 1976.) -- 3 -- CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF WISCONSIN OAKS BE IT RESOLVED by the Council of the City of New Hope, Minnesota as follows: 1. It is hereby found and determined by this Council that the plat of land described in the title of this resolution is ac- cepted under the subdivision regulations of the City and that a public hearing has been duly held thereon. 2. This Council, as the platting authority provided by Chapter 670, Laws of 1965, does hereby approve the said plat. 3. The Mayor and Clerk are hereby authorized to sign the .... Mayor Attest: ~-"~rR-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 September 13, 1976 Witness my hand and the seal of said City this 13th day of September 13 , 19 76 - . x~/- City Clerk-Treasurer RESOLUTION AMENDING "RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLLS FOR STREET AND WATER IMPROVEMENT NO. 302 (SOUTHERLY EXTENSION OF QUEBEC AVE. NO. FROM 42ND AVE. NO. -- YMCA)" WHEREAS, the City Engineer has presented an amended report as to the total estimated cost and the amount to be assessed for Street and Water Improvement No. 302 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of New Hope as follows: 1. It is hereby determined that the revised total estimated cost of the Street and Water Improvement No. 302 and the amounts to be assessed are as hereinafter set forth. STREET WATER PARK Total Cost $38,297.62 $10,812.80 $5,794.10 City Share ...... To be assessed $38,297.62 $10,812.80 $5,794.10 2. The City Clerk-Treasurer is hereby directed to prepare the assessment rolls for aforesaid projects in the amounts specified above. Dated this 13th day of September , 1976. Attest: ~~ City C~l~e~rk-Treasurer CITY OF NEW HOPE RESOLUTION APPROVING PLAT OF .Gordon's Lakeview Terrace 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. ~: ' ~ Attest ~l'r~e~rk-lreasurer CERTI FI CATI ON STATE OF MINNESOTA SS COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of New Hope, hereby attest and certify that: (1) as such officer, I have the legal custody of the original Resolution of which the foregoing is a true and correct copy: (2) that said Resolution was duly adopted at a meeting of the City Council of said City on the date hereafter indicated; and (3) said meeting was duly held, pursuant to call and notice there- Of as required by law, on ~S'~7~ ~ ~ /~ . Witness my hand and the seal of said City this~3 ' day of ~7~f., 19 2~. -~ City Clerk-Treasurer RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS -FOR .~r~mr~ LAT£P. AE IMPROVEMENT NO. 30O 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 S~ER LA?ERAL Improvement No. against every assessable'l~{~ 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 twenty (20) years, the first of said installments, toaether with inter- est on th~ ent~r~ assessment from the date hereof to De~embJr 31, 19 77 , to be payable with general taxes payable in 19 77 , 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 c6nsecu- tire year thereafter until the entire assessment is paid. 4. Prior to certification of the assessments to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, with interest to the date of payment, to the City Treasurer, but no 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 27th day of m ~pptember , 19 76. .x~4ay°r ATTEST: (SEAL) R£SOLUTION ADOPTING AND CONFIR~iING ASSESSMENTS STREET IMPROVEME1 IT NO. 302 BE IT RESOLVED by the City Council of the City of Iiew Hope, Minnesota, as follows: 1. That the amount proper and necessary to be Spe ially-assessed at this time for STREET tmprow~ment No. 302 a§ainst every assessable lot, piece or parcel of land affect~d thereby has been duly calculated upon the basis of benefits, without reg~rd to cash valuation, in accordance with the provisions Qf Minnesota St~tutes, Chapter 429, and notice has been duly published as required by law, ;hat this Council would meet to hear, consider and pass upon all objections, i any, and said proposed.assessment has at all times since its filin§ been o en 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 Ibjections so presented, and being fully advised in the premises, finds that each of the lots, parcels and pieces of land enumerated in the proposed ~ssessment was and is specially benefited by the construction of said Impro'ement in not less than the amount of the assessments set ODDOSite each loi:, piece and parcel of land respectively, and such amount so set out is h(~reby levied against each of the respective lots, pieces and parcels of l(md 'therein described. 3. The proposed assessments are hereby adopted an( confirmed as the proper special assessments for each of the said lots, pi(ces and parcels' of land, respectively, and the assessment against each parce', 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 peri6d of _ Ten ()0) years, the first of said installments, together with inter- est on the entire assessment from the date hereof to Decembey 31, 19 77, to be payable with general taxes payable in 19 77 , and one of each of the' remaining installments, togetherwith one ye--~ interest on that and all other unpaid installments, to be payable with general~taxes ~or each consecu- '- tive year thereafter until the entire assessment is paid. 4. Prior to ~ertification of the assessments to t)e County Auditor, the owner of any lot, piece or parcel of land assessed hereb, may at any .time pay the whole of such assessment, with interest to the date ,f 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. $. 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 27th day of September , lg 76 . Mayor ATTEST: ' ~'~ ' ~,i;,~ Clerk-Treasurer SEAL RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR WATER LATERAL IMPROVEMENT NO. 302 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 WATER LATERAL Improvement No. 302 against every assessable lo~, piece or parcel of land affected thereby has been duly calculated upon the basis of benefits, without ~egard 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 .-'.....iand.a~l thereof. The total amount of each such assessment shall be payable '~i'~'~q~al annual principal installments extending over a period of twenty (20) years, the first of said installments, together with inter- est on th6 en~iFe assessment from the date hereof to December 31, 19 77 , to be payable with general taxes payable in 19 77 , 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. $. 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 .27th day of September , 19 76 ~;/- Mayor ATTEST: Clerk-Treasurer (SEAL) ......... RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STORM SEWER IMPROVEMENT 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 ~a~":~his time for STORM SEWER Improvement No. 305 /'~'against every assessable l~t~'~iece 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 Five (5i '~ years, the first of said installments, together With inter- est on the entire assessment from the date hereof to December 31, 19 77 , to be payable with general taxes payable in 19 77 , 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. $. 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 27th day of September , 19 76 . ATTEST: 6til;~ Ci/erk-Treasurer (SEAL) ....... RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STORM SEWER IMPROVEMENT NO.305-Res. 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 STORM SEWER Improvement No.305-Res. against every assessable lo~, piece or parcel o~]and 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.6nd~.paccels of land, respectively, and the-assessment against ea'ch~-parce~"~]~-toge~h~'~hi~..~.~.~ interest of 8% per annum accruing on the full amount thereOf' f~O~'time time unpaid, shall be a lien concurrent with general taxes upon such parc~Q and all thereof. The total amount of each such assessment shall be payable in equal annual principal installments extending over a period of Three {3). years, the first of said installments, together with inter- est on the'entir~ assessment from the date hereof to December 31, 19 77 , to be payable with general taxes payable in 19 77 , and one of each of the remaining installments, together with one yea--~F~-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. $. 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 27th day of September , 19 76 . ATTEST: ~ ~Clerk-Tre~surer (SEAL) ....... R£SOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SHADE TREE DISEASE IMPROVEMENT NO. 307 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 .._ SHADE TREE DISEASE Improvement No. 307 against every assessable lot, piece or parcel of land affected thereby ~as been duly calculated upon the basis of benefits, without regard to cash valoation, 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 tot, piece and parcel of land respectively~, and such amount sa set out is hereby .levied. against each of the resPe6tiVe'iiots; p~eces and parcels of land th'erein- -~P 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 _.. five ~5) years, the first of said installments, together with inter- est on the entire assessment from the date hereof to December 31, 19 77 , to be payable with general taxes payable in 19 77 , 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 ~ertification 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 27th day of September , 19 76 . ~ '- Mayor ATTEST: ~ ~l~rk-Treasurer (SEAL) RESOLUTION ADOPTING AND CONFIRMING ASSE,SSMENTS FOR SEWER LATERAL IMPROVEMENT NO. 308 BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: 1. That the amount proper and necessary to be specially assessed at this time for SEWER LATERAL ' Improvement No. 308 against every assessable l~t, 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 genera] 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 77, to be payable with general taxes payable in 19 77 , and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, to be payable with general taxes for each consecu- tive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessments to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this. Resolution. $. 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 27th day of September , 19 76 . ATTEST: ~ ~,x~l~y Clerk-Treasurer (SEAL) " R£SOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR WATER LATERAL IMPROVEMENT .. NO. 30B BE IT RESOLVED by the'City Council of the City of New Hope, Mi'nnesota, as follows: 1. That the amount proper and necessary to be specially assessed at this time for ~.WATER LATERAL Improvement No.308 against every assessable 16t~'~iece or parcel of land affected therebyh--~-- been duly calculated upon the basis of benefits, without regard to cash Yaluation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published as required by law, that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed.assessment has at all times since its filing been open for public inspection, and opportunity has been given to 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. $. The proposed assessments are heresy 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 tne enti~ assessment from the date hereof to December 31, 19 77 , to be payable with general taxes payable in 19 77 , 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. $. 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 27th day of September , 19 76 . ~ ~' Mayor ATTEST: (SEAL) .... RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET IMPROVEMENT NO. 309 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 Improvement No.309 against every assessable l~, 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 p.roposed 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 (10) years, the first of said installments, together with inter- est on the enti~e assessment from the date hereof to December 31, 19 77 , to be payable with general taxes payable in 19 77 , and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, to be payable with general taxes for each consecu- tive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessments to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole of such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessment Roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax list of the County, and the County Auditor shall thereafter collect said assessment in the manner provided by law. Dated the 27th day of September , 19 76 . Mayor ATTEST: ~-~ Cqerk-Treasurer ('SEAL) RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SHADE TREE DISEASE IMPROVEMENT NO. 310 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 SHADE TREE DISEASE Improvement No. 310 against every assessable l~t', 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 ____f~) · years, the first of said installments, together with ~nter- est on therentire assessment from the date hereof to December 31', 1'9 77--;'to be payable with general taxes payable in 19 77 , 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. $. 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 27th day of September ., . 19 76 . - .- /: Mayor ATTEST: x -'~ '~¥/¢1 e rk-lreasure r (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 T'HE CITY OF NEW HOPE, MINNESOTA, .as follows: The proposed rolls for the assessment of' delinquent water and sanitary sewer service and connection charges and delinquent street lighting' as presented by the Clerk are hereby adopted as the special assessment rolls. The owner of any property so~ assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City Treasurer. The Clerk is instructed to certify said rolls to the County Auditor for collection with taxes payable in 1976. Dated the 27th day of September , 1976. ATTEST: -- ' ~erk-TreasuFer (SEAL) RESOLUTION ADOPTING ASSESSMENT FOR WEED DESTRUCTION-1976 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-1976 under authority of NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NEW HOPE, MINNESOTA: The proposed roll for the assessment of Weed Destruction-1976 as presented to 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, 1976, pay the whole Of ~he assessment on such property to the City Treasurer. The Clerk is instructed to certify said roll to the County Auditor on or before October 10, 1977, for collection with taxes payable in 1977. Dated the 27th day of September , 1976. ATTEST '~C~CI erk-Treasurer (SEAL) R£SOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SHADE TREE DISEASE IMPROVEMENT NO. 1976 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 SHADE TRE£ PISEASE Improvement No. 1976 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. 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 Five (b) years, the first of said installments, together with inter'- est on the'entire assessment from the date hereof to December 31, 19 77 , to be payable with general taxes payable in 19 77 , and one of each of the remaining installments, together with one yea--~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. $. 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 27th day of September , 19 76 . ,: ~/" Mayor ATTEST: ~-Ct~erk-Treasurer (SEAL) RESOLUTION ADOPTING ASSESSMENT FOR WATER ASSESSMENT 76-1 WHEREAS, Pursuant to proper notice duly given, the Council has met and heard and p~sed upon all objections to the proposed assessment for Water Assessment 7~-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-HO~E, MINNESOTA: 1. Such proposed assessment, a co~y of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assess- ment against the lands named therein, and each tract of land therein included is hereby found to be benefited, by the connection in the amount of the assessment levied against it. ~. 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, 1976 and shall bear interest at the rate of 8% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 197~. 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 ~o the County Auditor, pay the whole of ~h~ 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 in 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 prooer tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adoptedlby the Council this 27th day of September , 1976 ~. ~x Mayor ATTEST: ' ~ ~Clerk-Treasurer (SEAL) ORDINANCE NO. 76 - 2] AN ORDINANCE AMENDING SECTION ., 4.103 (38) OF THE CITY CODE RELATING TO MULTIPLE RESIDENCE DISTRICTS (MR) AND ADDING SECTION 4.109, RELATING TO TOWNHOUSE DISTRICTS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section I. Section 4.103 (28) (Extent of MR Multip e - Famil~ Residence Districts) of the City Code is hereby amended by repealing the existing text in its entirety, and by substituting the following: (28) Lots I through 6, Block I, Gordon's Lakev'ew Terrace 2nd Addition. Section 2. Section 4.109 is hereby added to the City Code as follows: 4.109 Extent of Townhouse (TR) Residence Districts (I) Outlot A, Gordon's Lakeview Terrace, 2nd Addition. Section 3. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the 27th day of September, 1976. ...~' d ard~//~Erickson, Mayor /' ATTEST: B v Fiot, Clerk-Tr:'~asurer Published in the New Hope-Plymouth Post theT~h day of October 1976. RESOLUTION APPOINTING ELECTION JUDGES FOR GENERAL ELECTION OF NOVEMBER 2, 1976 . BE IT RESOLVED by the City Council of the City of New Hope as follows: ). The persons below named are hereby appointed judges for the General election to..be held in the City of New Hope, County of Hennepin, State of Minnesota, on Tuesday, November 2, 1976. The judges appointed,.the chairperson of the election board of 'each precinct designated and precinct and voting places wherein they shall serve and the hours of voting are as follows: A. FIRST PRECINCT -- Sunny Hollow School 8808 Medicine Lake Road To serve fro~ 7:00 a.m. to 8:00 p.m. and'to' completion of count or as other- wise noted. 565-0826 Lorraine Clausen 9009 - 30th Avenue North Chairperson 546-4048 Patricia Vomhof 3041 Gettysburg Ave N 545-6531 Audrey Cameron 9117 - 34½ Ave N 545-8288 Elaine Wojack 2024 Ensign Ave N . 544-1418 Carole Keller 3032 Ensign Ave N ' 546-5733 Nelene Earley 3125 Hillsboro Ave N 544-9686 Betty Gardner 9109 - 34th Ave N ' '- 544-1055 Lois Gould F""-5828 Virginia ,PLu~gles 3027 Ensign Ave N 3527 Flao Ave N ~..~-2834 Darlene Lyman 3332 Ensign Ave N 546-1436 Lorraine Honold 3125 Ensign Ave N B. SECOND PRECINCT -- Sonnesyn Elementary Scho~ 3421 Boone Avenue North ~ To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as other- wise noted. 545-2604 Margaret Franzen 2816 Quebec Avenue North 546-7272 Helene Schultz $531 Yukon Ave N 544,5865 Beatrice King 3316 Xylon Ave N 544-2184 Alyce Rodda " 3437 Yukon Ave N 544-6433 Kathryn Smrekar 3510 Xylon Ave N 544-3719 Wanda Sandberg 3513 Aquila Ave N Chairperso~ 544-8254 Mark Sawallich 13530 Zealand Ave N 545-3903 Charlotte Linder 3308 Yukon Ave N '":.." 544-7038 Abby Walden · 330] Yukon Ave N "- 544-2463 Josephine Smothers ' - 2748 ~qu~] a N 545-1104 Donna Berg- 3530 aqu~)'a ~N THIRD PRECINCT -- Parish Community of St. Joseph $$01 Boone Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as other- ' wise noted. 544-2048 Sharon Bobgan 3?08 Gettysburg Avenue N Chairperson 544-2304 .. Mary Schendel 3633 Boone Circle 533-5491 Milene Adams 9000 - 48th Ave N . 533-1216 Berdella Fick 8941 - 48th Ave N 545-4429 Grace Folkerds .3748 Gettysburg Ave N 544-9835 COllette Gallagher 3609 ~ettysburg Ave N 544-5521 Kathleen Haugan 9401 Northwood Pkwy 537-7658 .Marianne Wasnick 9029 - 46t~ Ave N 533-5507 Elizabeth HaKkwell 4301 Cavell~Ave N 544-4815 Shirley Metz 9024 Northwood Pkwy 535-6986 Sandra Tomczik 4501 Flag Ave N- FOURTH PRECINCT -- New Hope Elementary School 8301 - 47th Avenue North To serve from 7:00 a.m. to 8:00 p.m. 'and to completion of count or as other- wise noted. .4-1135 Mary Huttner 8608 Hopewood Lane 544-8059 Virginia Gooley 8516 - 36½ Circle N 544-6198 Marilyn Merritt 8124 - 40th Avenue N 537-5342 Louise Jacobs 8219 - 47th Avenue N '- 533-4708 Mary Emerson - 4900 Wisconsih Ave N 533-9917 Joan Demeules 4964 Xylon Ave N Chairperson 544-5809 Jane Silvola 3909 Xylon Ave N 545-8702 Jerene Sueker 3924 Xylon Ave N 533-5570 Gloria Ford 8008 - 50th Ave N 546-1084 Stephen Carlson 8500 Hopewood Lane 545~2201 Shirley Forness 8224 - 38th Ave N E. FIETH PRECINCT -- Holy Nativity Lutheran Church Youth Building 3540 Winnetka Ave N To serve from 7:00 a.m. to 8:00 p.m: and to completion of count or as other- Wise noted. · 537-3889 Deanna Frandsen 3716 MarYland Ave N Chairperson 533-6037 Linda Shogren 3740 Haryland Ave N 537-3572 Dolores Stibal 7200 - 39th Ave N 533-8825 Geraldine Simertz 3708 Maryland Ave N i-5927 Judy Koster 7116 - 39th Ave N · ~3-4161 Karen Loechler 3832 Maryland Ave N 533-6335 Judith Berke 7779 - 48th Ave N 537-8397 Marguerite Winker 7800 - 48th Ave N 533~7818 Jeanette Cooke 7820 - 48th Ave N 533-2313 Rosemary Kaisershot -4031 Maryland Ave N 535-5959 Marilyn Carlson .7801 - 48th Ave N F. SIXTH PRECINCT -- Hosterman Junior High 'School $530 Zealand Avenue NoWth To serve from 7:00 a.m. to 8:00 p.m. and to completion of count or as other- wi-se noted. 537~5832 Natalie Stuhr 5535 Wisconsin Avenue N 537-4622 Virginia Mack 5420 Wisconsin Avenue N 537-1719 Mary Olson 7415 St. Raphaels Drive 533-9888 . Sharon Reckin ?806 - 53rd Ave N 537-6288 Agnes K. Bushey 5212 Pennsylvania Ave N 537-5608 Isabel Rudy 8421 Bass Lake Road Chairperson 533-5913 Violet Underdahl 7706 - 53rd Ave N Karol Dooley 5841 Winnetka Ave No 533-3006 Arlene Borgendale 6090 Zealand Ave N 544-4767 , Barbara Stilley 3941 Zealand Ave N G. SEVENTH PRECINCT -- Meadow Lake Elementary School ' 8525 - 62nd~ Avenue North- To serve from 7:00 a.m. to 8:00 p.m. and to completion of count~ or as other- wise noted. 533-3145 Marcella Loushin 8801 --61st Avenue North ,., 533-6974 Virginia Thurler- 5909 Aquila Ave N - :~q_~Qn~ Karen Johnson 8400 - 61½ Ave N -:~!~ ~~ ~rampton _~ 8920 - 61st Ave No _~5-1293 Sandy Voydetich 5961Hillsboro Ave N 537-3592 Pauline Jensen 5817 Decatur Ave N Chairperson 533-2891 Carol Rice ~ 6033 ]Yukon Ave N " 533-1870 Julia Holland '~ .' 8716 Bass Lake Road ' 53~-5250' Alice Cassibo 8512 Bass Lake.Road 533-734'3' Geraldine Rehnke 8810 - 60th Ave N N. EIGHTH PRECINCT -- Winnetka Elementary S6hool 7940 - 55th'~venue North To serve f~om 7:00 a.m. to 8:00 p.m. and to competion of count or as other- wise noted.' 537-6340 Jean Pedersen · --, 7961 - 59th AvenUe ~' r Chairperson '537-2125 Shirley Janzen ' 6032 Sum~er'A~enue N 533-4522 Karol Hommes 6008 Winnetka Ave 533-3425 Virginia Clough 6065 Sumter Ave No 537-8067 Inez Connolly ~ 7930 - 60th Ave N 533-3167 Adella Mortenson 6081Sumter Ave N '- · '.- 0_ -, 537-6394 Shirley Esnough 8031 ~ 60th Ave N 535-1205 Gloria Dooley ~ ~ 8111 - 60~ Ave N '-7592 Elaine Richards6n 8011 - 60th Ave N u~/-6496 Dorothy. Rudolph , 5930 Wisconsin Circle N 533-9978 Jeraldene Fleagle .8031 - 60½ Ave N . .X, ABSENTEE PRECINCT -- City Office ~ 4401Xylon Avenue North ?o serve from 10:30 a.m. to completion of process 546-1946 Rita Sanders 8308 Northwood Parkway .. '545-5584 June Hermanson 3988 Wisconsin Ave N 545-4860 Donna Richards .8009 - 38½ Ave N 546-3662 · Kathleen Bourbonais 8301 Northwood Pkwy 545-4155 Irene Clark 3808 Xylon Ave N '5.33-6347 · Joan Lewis 4917 WiscoNsin Ave N 544-9872 Nancy Ford 9017 ~ 40½ Ave N 544-1301 Marianne Kil~er 8225 - 39th Ave N Adopted by the Council this 27th day of 'September, 1976. RESOLUTION ADOPTING AND CONFIP~IING ASSESSMENTS FOR STORM SEWER IMPROVEMENT NO. 301 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 . __STORM._Si~WER Improvement No. 301 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 h~s 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 as. sessment shall be payable in equal annual principal installments extending over a period of _~n (lO1. years, the first of said installments, to~ether with inter- est oh the entire assessment from the date hereof to DecembJr 31, 19 77, to be payable with general taxes payable in 19 77 , and one of each of the remaining installments, together with one yea--~F~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 l~w. Dated the 27th day of September ., 19 76 . ATTEST: -C¢Jt~(~fk-Tre~sure r (SEAL) RESOLUTION AMENDING ASSESSMENTS FOR SHADE TREE IMPROVEMENT NO. 307 BE IT. RESOLVED by the City Council of the City of New Hope, as follows: After consideration of all of the comments and objections offered, the assessments for the above-captioned improvement of the City of New Hope should be and are hereby amended as follows: PLAT PARCEL LOT BLOCK ADDITION FROM TO 62246 1000 1 2 Hazel Hills $ 90.00 $ 00.00 2nd Addn. Dated the 4th day of October, 1976. ATTEST RESOLUTION DIRECTING CERTIFICATION OF AMOUNT OF $1,270,000 GENERAL OBLIGATION REFUNDING BONDS OF 1976 TO COUNTY AUDITOR FOR PURPOSE ~OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1976 FOR COLLECT ION IN 1977 WHEREAS~ by resolution adopted by this Council on the lOth day of May, 1976, entitled "Resolution Authorizing, Selling and Es- tablishing the Terms of $1,270,000 General Obligation Refunding Bonds, Creating a Sinking Fund Therefore, and Providing for Their Payment", 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 $135,500.00 specified to be levied as taxes in 1976 for collection in 1977 and, WHEREAS, said resolution specified as follows in part: "said taxes shall be irrepealable so long as any of the bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levy in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, as amended, and WHEREAS, Minnesota Statutes, Section 475.61, Subdivision 3, states "Tax levies so made and filed shall be irrevocable, except that if the governing body in any year makes an irrevocable appro- priation to the sinking fund of moneys actually on hand or if there is on hand any excess amount in the sinking fund, the recording officer may certify to the county auditor the fact and amount thereof and the auditor shall reduce by the amount so certified the amount otherwise to be included in the rolls next thereafter prepared." and WHEREAS, there is on hand $3,827.00 NOW, THEREFORE, BE IT RESOLVED by the City of New Hope as .follows: I. The recitals contained herein above are incorporated herein by reference. 2. The total amount in the 1976 Refunding Bond Sinking Fund is hereby found and declared to be in excess of $3,827.00 3. The Clerk shall forthwith request the County Auditor to reduce the amount of ad valorem levy as above recited ($135,500 to $131,673). Dated the 4th day of October, 1976. ~_~]~z~--Mayor ATTEST~ ~ ~(~re~k-Tr~asurer I I RESOLUTION DIRECTING CERTIFICATION OF AMOUNTS IN VAR OUS SINKING ~UNDS FOR THE PURPOSE OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1977 Bond 3 WHEREAS, by resolution adopted by this Council on the 18th day of September, 1957, entitled ~'Resolution Authorizing and Establishing the Form and Details of $75,000 Improvement Bonds of 1957 and Appro- priating 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 I, 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 I, 1961, Series A, and Appropriating Special Assessments and Taxes for the Pay- ment Thereof", and Bond 21 WHEREAS, by resolution adopted by this Council on the lOth day of July, 1962, entitled "Resolution Authorizing and Establishing the Form and Details of $690,000 Bonds of 1962, and Appropriating Special Assess- ments 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 i~962, 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 Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and Bond 29 WHE.REAS, by resolution adopted by this Council on the lOth day of November, 1964, entitled "Resolution Authorizing and Establishing the Form and Details of $375,000 Improvement Bonds of 1964, and Appropriat- ing Special Assessments and Levying Taxes for the Payment. Thereof~ and Bond 40 WHEREAS, by resolution adopted by this Council on the 9th day of September, 1971, entitled "Resolution Authorizing and Establishing the Form and Details of $1,155,000 Improvement Bonds of 1971, and Appro- priating 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 Appropriat- ing Special Assessments 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, includin§ the sums below listed, specified for 1976 to be collected in the ensuing year of 1977. a. Bond 3 $75,000 Improvement Bonds Series of October I, 1957. $800.00 b. Bond 18 $442,000 Improvement Bonds of 1961, Series A 2,000.00 ¢. Bond 21 $690,000 Improvement Bonds of 1962 $3,600.00 d. Bond 22 $405,000 Improvement Bonds of 1962~ Second Series 500.00 e. Bond 24 $1,220,000 Improvement Bonds of 1962, Fourth Series 20,000.00 f. Bond 26 $403,000 Improvement Bonds of 1963 35~000.00 g. Bond 27 $1,100,000 Improvement Bonds of 1963 Second Series 15,200.00 h. Bond 29 $375,000 Improvement Bonds of 1964 4,200.00 i. Bond 40 $1,155,000 Improvement Bonds of 1971 12,000.00 j. Bond 42 $545,000 Improvement Bonds of 1973 22,000.00 k. Bond 44 $355,000 Improvement Bonds of 1976 - 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 special 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 collec- tion of said special assessments and of all other special assessments there- tofore pledged to said fund, will produce at least five percent in excess of the amounts needed to meet when due the principal and interest payments on said bonds and all other than outstanding bonds which are payable from said 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: I. 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 the 4th day of October, 1976. ATTEST: ~asur~~]er · I RESOLUTION DIRECTI~B~I CERTIFICATION OF AMOUNT OF 1958 IMPROVEMENT BOND SINKING FUND TO COUNTY AUDITOR FOR PURPOSE OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1977 WHEREAS, by resolution adopted by this Council on the lOth day of February, 1958, as amended on February 28, 1958, by adoption and resolution entitled "Resolution Amending Resolution of February lOth, 1958, relating to the Sanitary Sewer Improvement No. 7 and Storm Sewer Improvement No. I0 Funds, the Authorization of $854,000 Improvement Bonds of 1958 and the Appropriation of Special Assess- ments and Taxes for the Payment Thereof", and WHEREAS, said resolution levied upon all taxable property within the corporate limits of the City, a direct, annual, ad valorem tax, to be spread upon the tax rolls for the year specified, including $50,518.12 specified for the year 1976 and collected in the ensuing year 1977, and WHEREAS, said resolution specified as follows~ in part: "On or about October Ist,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 $42,518.12. NOW, THEREFORE, BE IT RESOLVED by the City of New Hope as follows: t. 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 $42,518.12 and the taxes to be levied in 1976 shall be reduced by $42,518.12. 3. The Clerk shall forthwith request the County Auditor to reduce the amount of ad valorem levy as above recited ($50,518.12 to $8,000.00). ~ated the 4th day of October, 1976. ~~ ATTEST: ~~ ..... ~ I~/rK-Treasu rer I 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 1976, FOR COLLECTION IN 1977. WHEREAS, by resolution adopted by this Council on the 28th day of August, 1972, entitled "Resolution Authorizing and Establish- ing the Form and Details 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 $44,688 specified to be levied as taxes in 1976 for collection in 1977, 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 taxa~ble 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 esti- mated 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 outstand- ing bonds which are payable from said funds, and WHEREAS, there is on hand $14,688. NOW,THEREFORE, BE IT RESOLVED by the City of New Hope as fol lows: 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 $14,688 and the taxes to be levied in 1976 shall be reduced by that amount. 3. The Clerk shall forthwith request the County Auditor to re- duce the amount of ad valorem levy as above recited ($44,688 to $30,000). Dated the~~4th day of October, 1976. ~~~ ATTEST: ~~2Treasu rer RESOLUTION REQUESTING CANCELLATION OF AD VALOREM TAXES ON IMPROVEMENT BOND AND GENERAL OBLIGATION BONDS FINANCED BY REFUNDING BOND ISSUE OF 1976 WHEREAS, the City of New Hope sold $1,270,000 General Obligation Refunding Bonds in 1976, and WHEREAS, the funds derived from the sale of the General Obligation Refunding Bonds are to be used to meet principal and interest payments of the following bonds: a. Bond 43, $120,000 Improvement Bonds of 1974 b. $910,000 General Obligation Ice Arena Bonds c. $395,000 1969 General OBligation Park Bonds, and WHEREAS, Section 4.01 of "Resolution Authorizing Selling and Establishing the Terms of $1,270,000 General Obligation Refunding Bonds, Creating a Sinking Fund Therefor, and Providing for Their Pay- ment'' specifies in part: "The Clerk-Treasurer is hereby directed to annually, on or before October I0~ 1976 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 1T RESOLVED by the City of New Hope, Minnesota that the following ad valorem taxes heretofore levied for the year 1977 be cancelled: Description Ad Valorem Taxes a. Bond 43, $120,000 Improvement Bonds of 1974. $ 4,402 b. $910,000, General Obligation Ice Arena Bonds $92,700 c. $395,000, 1969 General Obligation Park Bonds $47,200 Dated the 4th day of October, 1976. ATTEST: ,~-~" RESOLUTION APPROVING 1976 TAX LEVY, COLLECTIBLE IN 1977 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 1977 upon the taxable property in the City of New Hope, for the following purposes: General Fund $1,020,962 Base Levy (Base Levy Includes: $16,453 Social Security 85,707 PERA) Trust and Agency - Firemen's Relief 6~120 Special Levies: Shade Tree Disease Control 15~704 Debt Service: 1961 Municipal Building Bonds 6,200 1963 Park Improvement Bonds 16,385 1965 Swimming Pool/Park Bonds 25,900 1968 Park Improvement Bonds 34,000 1973 Park Improvement Bonds 32,000 Bond No. 4 8,000 Bond No. 41 30,000 1976 General Obligation Refunding Bonds 131,673 Provision has been made by the City of New Hope for the pay- ment of any additional amounts needed in excess of $102.,160 as the City's contributory share to the Public Employee's Retirement Fund as provided for in Minnesota Statutes Annotated, Section 353.01 et seq. No further levy in excess of the $102,160 cited above is re- quired for this purpose. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, M i n ne sota. Adopted by the City Council on October 4, 1976. ATTEST: ~c~t~y Pou I i ot RESOLUTION ADOPTING BUDGET FOR THE CITY OF NEW HOPE FOR THE YEAR 1977 AND ESTABLISHING TAX LEVY FOR THE YEAR 1976 PAYABLE IN 1977 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 1977 is hereby adopted as hereinafter set forth and the funds are hereby appropriated therefor: GENERAL FUND General Government Mayor and Council $ 21,401 City Manager 52,507 Courts 28,700 Elections and Voters Registration 1,045 Municipal Clerk 74,389 Accounting 42,781 Civil Service Commission 4,710 Advisory Commissions 650 Planning and Zoning 11,950 Municipal Building 34~350 Total General Government $272,483 Public Safety Police Protection 673,978 Fire Protection 85,980 Protective Inspections 69,614 Civil Defense 4,392 Animal Control 17,263 Total Public Safety $851,227 Public Works Streets and Alleys 227,960 Snow and Ice Removal 24,100 Traffic Signs, Signals, and Markings 12~545 Total Public Works $264,605 Sanitation and Waste Removal Storm Sewers 26,767 Weed Eradication 2,750 Total Sanitation and Waste Removal $ 29,517 Recreation Recreation $ 162,855 Parks 264~467 $ 427,322 Other Functions 1.4.%370 TOTAL GENERAL FUND $1,989,524 FIREMEN'S RELIEF FUND 27,600 SHADE TREE DISEASE CONTROL 15,390 BOND AND DEBT SERVICE FUND 1961 Municipal Building Bonds 6,200 1963 Park Improvement Bonds 16,385 1965 Swimming Pool and Park Bonds 25,900 1968 park Improvement Bonds 34,000 1973 Park Improvement Bonds 32,000 Bond No. 4 8,000 Refunding Bond No. 43 30,000 ~19~Park Improvement Bonds 45,.833 Ice ~rena Bond 85,840 Total Bond and Debt Service Fund $ 284,158 TOTAL TAX SUPPORTED FUNDS $. 2,~16~672 Section 2. Estimated Receipts other than general tax levy are hereby established as herein set forth: GENERAL FUND Penalties and Interest on Taxes $ 14,000 Licenses and Permits - Business 21,822 Licenses and Permits - Non Business 12,060 Court Fines 45,000 Revenue 'from Use of Money and Property 16,410 Shared Taxes 542,164 Grants 7,375 Current Charges 62,042 Transfers - Liquor Administration 30,000 Utility Administration 22,000 Specia Police Fund 17,215 Refund - Animal Control 7,500 Federa Revenue Sharing 123,109 Genera Fund Surplus 68~284 TOTAL GENERAL FUND $ 988,981 TRUST AND AGENCY Fire Insurance Rebate $ 21~600 TOTAL ESTIMATED RECEIPTS $1~010,551 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 tt~e follow- ing amount hereinafter set forth: Estimated Net Receipts Uncollectible Total Levy General Fund $1,000,543.00 $ 20,419.00 $1,020,962 Shade Tree Disease Control 15,390.00 314.00 15,704 Trust and Agency - Firemen's Relief 6,000.00 120.00 6,120 Debt Service 278~515.00 5,643.00 284~158· Totals $..1~3D.0~448.00 $ 26~496.00 $1~326~944 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. /~ Edward ~C~rickson~, Mayor / / t~okr,-Cou nc i Iman W P~e~er-E~l~, C~unci Iman Richard Plufka, Councilman ATTEST: ~~-~~~ ~ ~,~ B'~u~i~ot, Clerk-'Treasurer Bernard Herman, Councilman A RESOLUTION AMENDING CITY POLICY ON NHAA FEES WHEREAS~ the City of New Hope adopted a resolution on October 6, 1975, later amended on October 14, 1975 establishing policy in regard to fees charged for recreational programs, and WHEREAS, the policy adopted, included a requirement that fees be charged for NHAA programs to those parti- cipants from outside of the City boundaries from communities that did not have comparable programs in which New Hope children can and do participate, and WHEREAS, it is now desirable to amend this policy to pro- vide for payment of fees to the City by all participants in NHAA programs, NOW, THEREFORE, BE IT RESOLVED THAT: 1. All participants in NHAA programs shall pay to the City of New Hope a minimum fee of $1.00 per sport per participant. Said fee shall be collected by the NHAA and paid to the City prior to the first scheduled game for the sport involved. In addition, all participants in NHAA from outside the City of New Hope shall pay a fee, including the minimum one dollar, equal to the actual cost per participant in the program. 2. This resolution shall be effective January I, 1977. ADOPTED THIS 4th DAY OF OCTOBER, 1976. jyor ATTEST: ~- ~~rk-Tr~surer ORDINANCE NO. 76 - AN ORDINANCE AMENDING THE CITY CODE BY REPEALING PRESENT SECTION 2.21 ON COUNCIL SALARIES AND SUBSTITUTING A NEW SALARY City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota Ordains: Section I, Section 2.21 of the Code, entitled Mayor and Councilmen Salaries is amended in it's entirety to read as follows: 2.2 Mayor and Councilmembers Salaries The salary of the Mayor is hereby established at $138.46 per two week pay period and the salary of each Councilperson is hereby esta- blished at $100.00 per two week pay period. Said salary payments to be effective with the first full pay period in January 1977. Section 2. This ordinance shall take effect upon its passage and publication. Adopted this 4th day of October, 1976. ATTEST: ~~ ~:--~S~e~-Trea s u re r Published in the New Hope-Plymouth Post the /¢ day of October, 1976. RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. 323 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Counil held a public hearing the 12th day of October, 1976, at 7 o'clock P .M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Storm Sewer Improvement No. 323 of the City, after notice of said hearing was duly published as required by law in the New Hope-Plymouth Post, the official newspaper of the City, on September 30, 1976 and October 7, 1976. 2. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the City Council this 12th day of October, 1976. / Edged J. Erickson, Mayor Betty P~ouliot, Clerk-Treasurer (Seal) RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER AND WATER IMPROVEMENT NO. 322, APPROVING PLANS AND SPECIFICATIONS AS HERETOFORE PREPARED, AND AUTHORIZING THE CONSTRUCTION OF SAID IMPROVEMENT UNDER CHANGE ORDER NO. i TO IMPROVEMENT NO. 311A. BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council held a public hearing on the 12th day of October, 1976, at 7 o'clock P .M. at the City Hall, 4401 Xylon Avenue North in said City, on proposed Sanitary Sewer and Water Improvement No. 322 of the City, after notice of said hearing was duly published as required by law in the New Hope- Plymouth Post, the official newspaper of the City, on September 30, 1976 and October 7, 1976. 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 ail persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public hearing pertaining thereto. 5. Orr-Sehelen-Mayeron & Associates, Inc., Engineers for the City, have heretofore prepared Final Plans and Specifications for said Improvement No. 322, and said Final Plans and Specifications have been reviewed and are hereby ap- proved by and accepted by the Council. 6. It is hereby found and determined to be appropriate and in the best interests of the City that the said Sanitary Sewer and Water Improvement No. 322 be constructed as a Change Order to Improvement No. 311A of the City as hereto- fore advertised and contracted for. Adopted by the City Council the~ay o~, 1976~/ Attest: .~~ Be(t~iliot, Clerk-Treasurer RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN'THE CITY OF NEW HOPE, MINNESOTA PRESENT PLAT 62242 PARCELS~D 2800- (FOR GRACE'T.'~-UBBARD ~ (PLA~'NING CASE NO. 76-68) 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 on-ly 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 fi'nds 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 failuhe 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: Lot. 3, Block 1, except the East 10 feet thereof, Hubbard Addition. Lot 4, and the East 10 feet of Lot 3, Block l, Hubbard Addition. Dated this /2_~ day of October , 197 6 .~~~Attest: - ?/~~~~ May°¢~---'--~ i ORDINANCE NO. 76-22 ~ AN ORDINANCE CHANGING THE NAME OF 48TH AVENUE LOCATED IN MARTHA GARDENS TO 48TH CIRCLE The Council of the City of New Hope ordains: Section 1. 48th Avenue, as shown and dedicated in the plat of Martha Gardens, is hereby renamed and established as 48th Circle. Section 2. The line of words set forth hereafter in quotations shall beinserted at the end of APPENDIX A - STREET NAME CHANGES of the City of New Hope Code of Ordinances under the column heading shown: Old Name Location New Name "48th Avenue MARTHA GARDENS 48th Circle" Section 3. This ordinance shall be effective upon its passage and publication. Passed the 12th day of October, 1976. .××" Mawr Attest: ~~-~---~, ,. '-C~I~C 1 erk-Treasurer Published in the New Hope-Plymouth Post on October 21, 1976. RESOLUTION PROVIDING FOR APPROPRIATION OF MUNICIPAL STATE AID FUNDS To C.S.A.H. Project No. 156 (S.A.P. No. 182-107-02 and 06) WHEREAS, it has been deemed advisable and necessary for the City of New Hope to participate in the cost of a construction project located on C.S.A.H. No. 156 within the limits of said City, and WHEREAS, said construction project has been approved by the Department of Highways and identified in its records as S.A.P. No. 182-107-02 and 06, NOW THEREFORE, BE IT RESOLVED: That we do hereby appro- priate from our Municipal State-Aid street funds the sum of $9,000 dollars to apply toward the construction of said project and request the Commissioner of Highways to approve this authorization. Adopted this 12th day of October, 1976. ~/~/ Ma~oy~f/ - · ~erk-Treasu~er CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution presented to and adopted by the Council of the City of New Hope, Minnesota, at a duly authorized meeting thereof, held on the 12th day of October, 1976, as shown by the minutes of said meeting in my possession. - B~'t~t~oul iot' City Clerk-Treasurer ORDINANCE NO. 76 - 23 AN ORDINANCE AMENDING SECTION 2.72, 2.76 OF THE CITY CODE RELATING TO THE NEW HOPE VOLUNTEER FIRE DEPARTMENT AND FIRE PREVENTION City of New Hope, Minnesota The City Council of the City of New Hope Ordains: Section I, S~ctions2.72 and 2.76 Subd.(I) and 2.76 Subd.(2) are amended to read as fol ows: 2.72 Election of Officers The Assistant Chief, Captains and Lieutenants shall be elected annually by members of the Department, subject to confirmation by the Council. They shall hold office for one year and until their successors have'been duly elected, ex- cept that they may be removed by the Council for cause and after a pub ic hearing. Probationary fire fighters shall be appointed by the City Manager. Firefighters shall continue as members of the Department during good behavior and by com- plying with the rules and regulations of the Department, and may be removed by the Council' only for cause and after a public hearing. 2.76 Volunteer Fir~fighters Subd.(I) Qualifications All applicants for membership shall be not less than eighteen (18) nor more than thirty-five (35) years of age and able-bodied. They shall maintain a probationary membership status for no less than a twelve (12) month period and shall not be accepted as regular firefighters until they have satis- factorily completed the required training. The Council may require that each candidate, before he may become a fire- fighter, must satisfy certain minimum requirement qualifica- tions which may be specified by the Council, and that he must pass a satisfactory mental and physical examination. The Chief shall have the authority to revoke membership of any probationary membeR for fai ute to comply with the current rules and regu ations of the Department only upon recommenda- tion of the Membership Committee. Subd. (2) Loss of Membership Firefighters absent from three consecutive training drills or alarms unless excused by a fire officer shall for- feit membership in the Department. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New the 12th day of Qctober, 1976. ATTE ST: ~~ - ~s~/l~-Trea su re r (Published in the New Hope-Plymouth Post the 14th day of October, 1976). A RESOLUTION ESTABLISHING AN ADVISORY CITIZEN COMMITTEE FOR ASSISTANCE IN OPERATION OF THE MUNICIPAL LIQUOR ACTIVITY WHEREAS, the City of New Hope has determined that it shall be in the business of liquor sales~ both on and off-sale, and WHEREAS, the competitive nature of the liquor business in the State of Minnesota today requires that a major effort, with the appli- cation of the greatest amount of expertise possible, is needed in order to build a competitive enterprise, and WHEREAS, there exist within the community of interest in City of New Hope activities a number of people who have a wealth of knowledge in regard to the operation of a liquor business, and WHEREAS, many of these people are willing to serve in an advisory capa- city in order to add their expertise to assist in development of a competitive municipal liquor operation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, of the City of New Hope, Minnesota, that: I) There is hereby established an advisory committee for liquor operations for the City of New Hope. 2) The Committee shall consist of at least five members selected because of their knowledge and experience in the liquor busi- ness and who shall be appointed by the Council and serve at the pleasure of the Council. 3) The Committee shall have as its purpose advising in the develop- ment of an operating policy for the municipal liquor business. Said policy shall be submitted as a proposal to the City Council. The Committee shall be assisted and supported in its research and deliberations by the Manager of the liquor operation and the City Manager. 4) The Committee shall develop recommendations in any and all areas of the liquor operation, including needs for changes in facilities, advertising, display, promotional activities, in- ventory control, personnel needs and such other areas as they may determine need review. 5) The Committee shall be a continuing committee until discharged by the Council. It shall report on a regular basis to the Council and shall proceed as rapidly as possible in organizing and studying the needs within the municipal liquor operation. Adopted this 12th day of October, 1976. CERTIFICAI O, 0]7 ~.~? UTES RELATING TO $415,000 IMPROVEMENT BONDS OF 1976, Second Series ISsuer: City of New Hope, Minnesota Governing body: City Council Kind, date, time and place of meeting: a regular-meeting held October 12, 1976, at 7:00 o'clock p .M. in the City Ha]]. Members present: frickson, fnck, Herman Hokr, Plufka. blembers absent: None. Documents attached: Minutes of said meeting (pages): 7 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $415,000 IMPROVEMENT BONDS OF 1976, Second Series I, tl!e undersigned, being the duli, qualified and act.'knc recording officer of the Public corporation issuing the ohlications ~ ~-~ at referred to in the title of this certificate, certify ~n the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing bed}, of said. corporation, and correct andco~,~'~.~,~.~ .... copies of all resolutions and ether actions taken and of all docu- ments approved by the governing body at said meeting,-so far as they relate to said obligations; and that said meeting was du!'~~ held by the governinc body at the time and place and was atteuded throuchout by the mo~r2~ers indicated above, pursuant to call and notice of such meeting given as required by law. WI'I~NESS mh' hand officially as suc]~ r~:cord.~ng orfi. c~,~- tl~.~ 21st day of October , 1976. ~~l turo B e t tJ~~E~_G ~ k/~~~ H a me a :~ ~Pi t .! ~ Councilman Enck introduced the following resolution and moved its adoption: "Resolution Autho- rizing the Issuance and Sale of $415,000 Improvement Bonds of 1976, Second Series." The motion for the adoption of the foregoing reSolution was duly seconded by Councilman P]ufka and upon vOte being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Clerk- Treasurer. (Page Extract Book) (Page . Extract Book) RESOLUTION AUTHORIZING THE ISSUANCE AND ~SALE OF $415,000 IMPROVEMENT BONDS OF 1976, Second Series BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: Section 1. Authority. This Council has heretofore ordered the local improvements designated below to be constructed in the City, and has or will enter into a contract, for the con- struction of each of said improvements under and pursuant to Minnesota Statutes, Chapter 429, the designation and estimated total cost of each of said improvements being as follows: Designation of Improvement Estimated Cost No. 308 (Sewer and Water-Peter King) $ 27,200 No. 309 (Street-Nevada) 31,800 No. 3tla (Sewer and Water-Gettysburg 112,400 Hills, Martha Gardens and Cooper- Herman) No. 312a (Street and Storm Sewer-Gettys- 201,150 burg Hills, Martha Gardens and Cooper-Herman) No. 322 (Sewer and Water-Gordon's Lake- 28,800 view Terrace 2nd) No. 323 (Storm Sewer-Gordon's Lakeview 9,320 Terrace 2nd) Total Construction $410,670 Less Prepaid Assessments 670 $410,000 Allowance for Discount 5,000 $415,000 It is hereby determined to be necessary and expedient for the City to sell and issue its general obligation Improvement Bonds of 1976, Second Series, in the principal amount of $415,000, to finance the cost of said improvements, $5,000 of the issue re- presenting interest as provided in Minnesota Statutes, Section 475.56. Section 2. Sale, Publication of Notice. This Council shall meet at the time and place set forth in the form of notice herein prescribed for the purpose of receiving bids for the pur- chase of the Bonds. The City Clerk-Treasurer is authorized and directed to cause a public notice of the time, place and purpose of the meeting to be published once not less than 10 days before the date of meeting in the official newspaper of the City and in Commercial West, published at Minneapolis, Minnesota, which notice shall be in substantially the following form: NOTICE OF BOND SALE $415,000 IMPROVEMENT BONDS OF 1976, Second Series CITY OF NEW HOPEr MINNESOTA BIDS FOR THESE BONDS WILL BE RECEIVED on Monday, November 8, 1976, until 2:00 P.M., C.S.T., at the office of the City Clerk-Treasurer, in New Hope, Minnesota. Bids will be considered by the City Council at 7:00 P.M., C.S.T. Dated Novem- ber 1, 1976, the Bonds will mature on February 1 in the years and amounts as follows: Year Amount Year Amount 1978 $ 5,000 1986 $35,000 1979 35,000 1987 35,000 1980 35,000 1988 35,000 1981 35,000 1989 10,000 1982 35,000 1990 10,000 1983 35,000 1991 10,000 1984 35,000 1992 ~10,000 1985 35,000 1993 10,000 1994 10,000 Bonds maturing in 1988 and later years will be subject to redemp- tion and prepayment on February 1, 1987 and any interest payment date thereafter aS par and accrued interest. No rate of interest nor the net effective average rate of the issue may exceed 7% per annum. An unqualified legal oPinion will be furnished by Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis, Minnesota. The proceeds will be used to finance construction of various imProvement projects within the City. BY ORDER OF THE CITY COUNCIL /s/ Betty Pouliot City Clerk-Treasurer Section 3. Official Notice of Sale. The following Official Notice of Sale shall constitute the terms and conditions for the sale and issuance of the Bonds, and the bond consultants for the City are hereby authorized and directed to cause the terms and conditions to be incorporated in material distributed to prospective bidders for the Bonds: NOTICE OF SALE $415,000 IMPROVEMENT BONDS OF 1976, Second Series CITY OF NEW HOPE, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $415,000 Improvement Bonds of 1976, SecOnd Series, of the City of New Hope, Minnesota, will be received until 2:00 o'clock P.M., C.S.T., November 8, 1976, at the office of the City Clerk-Treasurer, in New Hope, Minnesota, at which time the bids will be opened and tabulated, and the bids will be considered and acted upon by the City Council of the City at 7:00 o'clock P.M., C.S.T., November 8, 1976. PURPOSE The Bonds Will be issued for the purposes of financing the cost of local improvements within the City, pursuant to the authority of Minnesota Statutes, Chapters 429 and 475. DATE, TYPE AND MATURITIES The Bonds will be dated as of November 1, 1976, will be issued as negotiable investment securities with attached in- terest coupons will be in the denomination of $5,000 each, unless designated otherwise by the purchaser within 48 hours, and will mature serially, on February 1 in the following years and amounts: Year Amount Year Amount 1978 $ 5,000 1986 $35,000 1979 35,000 1987 35,000 1980 35,000 1988 35,000 1981 35,000 1989 10,000 1982 35,000 1990 10,000 1983 35,000 1991 10,000 1984 35,000 1992 10,000 1985 35,000 1993 10,000 1994 10,000 REDEMPTION Bonds maturing in the years 1988 through 1994 are subject to redemption and prepayment at the option of the City, in inverse order of serial numbers on February 1, 1987, and any interest payment date thereafter, at a price of the principal amount thereof plus accrued interest. PAYING AGENT Principal and interest will be made payable at a suitable banking institution designated by the successful bidder within 48 hours after award of sale, subject to approval of the City Council, and the City will pay the reasonable and customary charges of the paying agent. The City will select the paying agent if the recommendation is not approved. INTEREST The Bonds maturing in each year will bear interest at a single uniform rate not exceeding the rate specified for Bonds of any subsequent maturity and not exceeding 7% per annum, desig- nated by the successful bidder, expressed as an integral multiple of 5/100 of 1% per annum, represented by a single set of coupons, and payable August 1, 1977, and semiannually thereafter on Feb- ruary 1 and August 1 in each year. No more than 8 different interest rates may be specified. CUSIP NUMBERS The issuer will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such printing to be done at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. DELIVERY Within 40 days after the sale, the City will furnish and deliver to the office of the purchaser or, at his option, will deposit with a bank in the United States selected by him and approved by the City as its agent, to permit examination by and to deliver to the purchaser, the printed and executed Bonds, the legal opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser, but all other costs, with the exception of the printing of CUSIP numbers as indicated, will be paid by the City. The purchase price must be paid upon delivery, or within five days after deposit with the delivery agent, in funds available for expenditure by the City on the day of payment. LEGAL OPINION An unqualified legal opinion on the Bonds will be fur- nished by Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis, Minnesota. The legal opinion will be printed on the Bonds at the request of the purchaser. The legal opinion will state that the Bonds are valid and binding general obligations of the City. TYPE OF BID AND AWARD Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time specified above for opening bids. Each bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of $8,300, payable to the City Clerk-Treasurer, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost (total interest from date of Bonds to stated maturities, less any cash premium or plus any amount less than $415,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $410,000 plus accrued interest on all of the Bonds.will be considered, and the City reserves the right to re- ject any and all bids and to waive any informality in any bid. Information for bidders and bidding forms will be dis- tributed by T. G. Evensen & Associates, Inc., First National Bank Building, Minneapolis, Minnesota 55402 (Telephone: 612-338-3535). Dated October 12, 1976. BY ORDER OF T~E CITY COUNCIL · /s/ Bett~ Pouliot City Clerk-Treasurer New Hope, Minnesota Section 4. Official Statement. The City officials, in cooperation with T. G. Evensen & Associates, Inc., Financial Con- sultants to the City, are hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. SUch official statement ~shall contain the Official Notice of Sale set forth in Section 3 and such other information as shall be deemed advisable and necessary to adequately describe the City and the security, terms and conditions Of the Bonds. Such official statement shall be examined and approved by the Finance Director and City Manager prior to its distribution to potential purchasers.  L/~ Mayor Attest: t City Clerk-Treasurer ORDINANCE NO. 76- ~ ~t AN ORDINANCE AMENDING SECTIONS-7.00 T.HROUGH 7.15, INCLUSIVE, OF THE CITY CODE RELATING TO THE CONTROL OF DOGS AND OTHER ANIMALS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Sections 7.00 through 7.15, inclusive, of the City Code are amended to read as follows: 7.00 CONTROL OF DOGS AND OTHER ANIMALS 7.01 Definitions. The following words and phrases when used in this ordinance shall have the meanings as set out herein: Subd. (1) Animal. "Animal" shall include dogs, cats, domestic animals and wild animals, both male and female. Subd. (2) Dog~. "Dog" shall mean an animal of the canine family, both male and female. Subd. (3) At Large. "At Large" shall mean off the premises of the owner, and not under the control of the owner or member of his immediate family either by a leash, cord, or chain or otherwise. Subd. (4) Owner. "Owner" shall mean any person owing, keeping or harboring a dog or other animal. Subd. (5) Person. "Person" shall mean any person, firm, corporation, partnership, joint venture or association. Subd. (6) City Veterinarian. "City Veterinarian" shall be a Doctor of Veterinary Medicine, licensed under the laws of the State of Minnesota to act in such capacity, appointed by the Council to perform such duties relating .~o animals within the City, and at such pay as shall be established or approved by the Council. Subd. (7) Animal Warden. "Animal Warden" is the animal patrol warden or animal warden as referred to in Sections 7.13 and 11.52 of this Code. Subd. (8) Gender. Use of the masculine pronoun "he" herein shall refer to any person of either sex. 7.02 License and Registration. Ail dogs kept, harbored or maintained by their owners in the City shall be licensed and registered if over six months of age. Dog licenses shall be issued by the Clerk-Treasurer upon payment of a license fee of $3.50 for each'male or spayed female, and $5.00 for each unspayed female and upon receipt by the Clerk-Treasurer of a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies in compliance with Section 7.08. Such license shall be for the whole or unexpired portion of the year in which the same is issued and shall expire on May 31 of the year following. The Clerk-Treasurer shall cause a notice of the necessity of obtaining dog licenses and registration to be published in the official City newspaper one time in May prior to May 15 of each year. Subd. (1)Free Licenses for the Blind. Dog licenses shall be issued free of charge as to dogs trained to assist blind persons and actually used by blind persons for the purpose of aiding them in going from place to place. Subd. (2) Sale of Do~.s.. The sale or transfer of any licensed dog shall not carry with it and transfer to the new owner the license. 7.03 ,Tag and Collar. Upon payment of the license fee, the Clerk-Treasurer shall provide and furnish for each licensed dog, a metallic tag upon which there shall be stamped or engraved the registered number of the d. og, the words "New Hope", and the year when ]Scensed. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate or new tag will be issued by the Clerk-Treas~rer upon proof that such dog was licensed, and the payment of $.50 for such duplicate. Dog tags shall not be transferrable from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owners leaving the City before expiration of the license. 7.04 Nuisances and Running at Large. Subd. (1) Nuisance Animals. Animals shall be maintained and handled in such a manner as to prevent their becoming a nuisance or a threat to health and safety. Subd. (2) Responsibility of Owners, Loose Animals. No owner or keeper of animals shall permit such animal to run at large within the limits of the City other than on premises owned or rented by the owner, or with the permission of the owner, in accordance with the provisions of 7.07. Subd. (3) Resp.onsibility of Guests, Loose Animals. No person who is a guest of a resident in the City shall permit his animal to run at large, other than on the premises owned or occupied by his host, or with the permission of the owner, in accordance with the provisions of 7.07. Subd. (4) Noisy Animals. No owner of an animal shall permit barking, howling or other noises that disturb the peace and quiet of the neighbor- hood. -3- Subd. (5) Animal Wastes. No owner shall permit the deposit of animal excrement on public property or the property of others, nor to accumulate on his own or rented property, as otherwise provided herein. The public streets and the adjacent boulevards are public property and within the scope of this ordinance and any deposit of excre- ment by animals, even if accidental, shall be the responsibility of the owner or caretaker of the animal to immediately remove and deposit in the public sanitary sewer system, the public storm sewer system being specifically mentioned as a prohibited depository of such excrement. 7.05 Impounding. Subd. (1) When Impounded. It shall be the duty of the poundmaster, Animal Warden Services, and every police officer to apprehend any dog found unlicensed, or any animal running at large, contrary to Sections 7.04 and 7.07 to impound such animal at the City or other suitable place. Subd., (2) Dangerous, Fierce or Vicious Animals. If any dangerous, fierce, or vicious animal found at large in the City cannot be safely taken and impounded, such animal may be slain by the animal warden or any police officer, or impounded until a licensed veterinarian shall certify that the animal is not rabid. Subd. (3) Dangerous Propensities of Biting Animals. Any animal which has bitten a person within 60 days preceding impoundment or other disposition hereunder shall for the purposes of this ordinance, be considered an animal of dangerous, fierce, or vicious propensities. Subd. (4) Notice. Notice of impounding shall be given to the owner of the animal. In case the owner is unknown, written notice shall be posted at the Police Department. If the animal is not reclaimed within five days of the posting of the notice, it will be sold or killed. The notice of impounding shall be in substantially the following form: -4- NOTICE OF IMPOUNDING DOG (or other animal) Date: , 19 TO WHOM IT MAY CONCERN: I have this (lay impounded in the pound of the City of New H~o~pe at ~a~dog ~ (other animal) ~(~ the following description: SEX COLOR BREED ESTIMATED AGE NOTICE IS HEREBY GIVEN, that unless such animal is claimed and redeemed on or before o'clock .M. on the day of , 19 , the same will be sold, killed or otherwise disposed of as provided by ordinance. Signed Poundmaster (or Poundkeeper) Subd. (5) Reclaiming Animals and Fees. The owner of any animal so impounded may reclaim such animal upon payment of the license fee, if such license is re- quired but unpaid; the impounding fee and the boarding charges. Fees in connection with the boarding, impounding, euthanasia and similar services shall be as set forth by City contract with the Animal Pound. In the event the impounded animal has not been vaccinated for rabies, and evidence thereof is not presented to the poundmaster as provided in Section 7.08, the poundmaster may accept a deposit of $25 cash, in addition to the other charges provided for herein, and release the animal to the person claiming the animal as owner for the purpose of having the animal vaccinated for rabies. The $25 deposit shall be released to the owner by cash or check if a certificate of vaccination is presented within 30 days after the $25 deposit is made. The poundmaster shall issue numbered, dated receipts for all payments, including the $25 deposit. The poundmaster shall withhold delivery of the license for the animal until the vaccination certificate is presented to him. Unclaimed licenses and unclaimed $25 deposits shall be turned over to the City as specified by the Clerk-Treasurer. No de- posits, or any portion thereof, shall be refunded by either the poundmaster or the City after 30 days from the date of the deposit, and such deposit shall be forfeited to the City. 5- 7.06 .Disposition of Unclaimed or Infected Animals. Any animal impounded shall 'be kept for at least five days unless sooner reclaimed by the owner as provided above. If the animal shall not have been redeemed at such time it may be disposed of in the following manner: Subd. (1)Destroyed or Sold. The m~imal may be destroyed or sold, provided that such animal shall not be sold for less than the aggregate amount pro- vided in Section 7.04(4). Ail animals which appear in the judg- ment of the City Health Officer or in the judgment of the City Veterinarian to be suffering from rabies or affected with hydro- phobia, shall not be released but shall be killed by the pound- keeper and such disposition of the remains as shall be directed by the City Veterinarian. Subd. (2) Use for Scientific Purposes. Whenever any licensed educational or scientific institution under Minnesota Statutes, Section 35.71, shall request the poundkeeper for permission to use, for research purposes any impounded animal or animals, any impounded animal or animals remaining unclaimed shall be surrendered to such institution. 7.07 Confinement and Control. No person who owns, keeps, harbors or maintains an animal, or the parents or guardian of any person under 18 years of age who keeps an animal, shall allow or permit at anytime any animal to be on any area or lot of private land in the City without being effectively restrained from entering beyond such area or lot by leashing or fencing. No person having custody or control of any animal shall permit such animal at anytime to be on any street, public park, school grounds or public place in the City without being effectively restrained by chain or leash not exceeding six feet in length. Animals in heat shall be confined in an enclosure which prevents their escape, or the entry therein of other animals. 7.08 Rabies Vaccination. No license shall be granted for a dog which has not been vac- cinated for rabies with a modified live virus type of vaccine within 18 months prior to June 1 of the license year for which application is made, or with a killed virus vaccine within 3 months prior to June 1 of the license year for which application is made. A Certificate of -6- Vaccination or other statement to the same effect executed by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated shall be prima facie proof of the required vaccination. 7.09 Muzzling Proclamation. Whenever the prevalence of hydrophobia or rabies render such action necessary to protect the public health and safety, the mayor may issue a proclamation ordering every person owning or keeping an animal to confine it securely on his premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation and any unmuzzled animal running at large during the time affixed in the proclamation shall be killed by the pound- master, animal warden or Animal Warden Service or any police officer, without notice to the owner. 7.10 Biting Animals. Subd. (1) Impounding. An animal which is capable of transmitting rabies and which has bitten a person shall be taken up and impounded for at least ten days from the time of the bite, separate and apart from all other animals and under the care and Sul~ervision of a licensed veterinarian, until it is determined whether or not said animal had or has rabies. If the animal is found to be rabid, it shall b~ destroyed; if it is found not be be rapid and so determined in writing by the City Veterinarian or other licensed veterinarian, it shall be returned to the owned provided that owner shall first pay for the cost of impounding it. If the owner does not pay such cost within five days after he has been notified to claim or retrieve his animal, the animal may be dis- posed of as provided in Section 7.06. If the said impounding facility is one other than the City Dog Pound, it shall be one acceptable to the poundmaster. The cost incurred by the City in carrying out the provisions of this paragraph shall be paid by the owner of such impounded animal. In any event, no impounded dog shall be released until it is licensed as provided in Section 7.05. Subd. (2) Bitten Animals. An animal which has been bitten by a known rabid animal shall be picked up and destroyed, provided, however, that such animal may be immediately killed if with reasonable effort it cannot first be taken up and impounded. If so picked up and impounded, the animal shall not be destroyed if the owner thereof makes provisions for a suitable quarantine for a period of not less than six months for unvaccinated animals, or for 30 days, if proof of previous immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner of such animal. 7.11 Establishment of City Pound. The City pound and City poundkeeper shall be named by resolution of the City Council. The Director of Police shall be deemed poundmaster. The City pound, City poundkeeper shall be named by action of the Council. 7.12 Records. The poundkeeper shall cause an account to be kept of animals impounded at the City pound, and of their disposition. He shall turn over such accounts to the Clerk-Treasurer from time to time, or upon request of the poundmaster, Clerk-Treasurer, or the City Manager. 7.13 Animal Warden Services. The Animal Warden Service and animal warden shall be named by the City Council. The animal warden and the Animal Warden Service and its employees or agents shall have the powers and duties to patrol the City and enforce the p~ovisions of this ordinance including the issuing of citations for violations thereof. 7.14 Interference with Officers. No unauthorized person shall break open the pound or attempt to do so, or to take or let out any animal therefrom or take or attempt to take from any officer, animal warden or agent or employee of the animal warden service any animal taken up by such officer, warden, employee or agent, in compliance with this ordinance., or in any manner interfere with or hinder such officer, warden, employee or agent in the discharge of his duties under this ordinance. 7.15 Penalty. Any person violating any of the provisions of this ordinance shall be guilty of a petty misdemeanor and shall be punished by a fine not to exceed $100, provided, however, that violation of Section 7.10 by an animal owner, or person responsible for any animal, shall be a misdemeanor. Section 2. This ordinance shall be effective from and after its passage \ and publication. Passed by the City Council of the City of New Hope the ~ day of /~C~ .~'~,- , 1976. Attest: ~~~ ~ouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the z~=' day of g/f, ,~ , 1976.) -9- RESOLUTION PROVIDING FOR PARTICIPATION IN HENNEPIN EMERGENCY COMMUNICATION ORGANIZATION WHEREAS, the concept of a nationwide emergency telephone number is now under consideration and, WHEREAS, the City of New Hope deems it advisable to participate in the planning of safety communications in Hennepin County, THEREFORE, BE IT RESOLVED by the Council of the City of New Hope as follows: 1. That the "Joint and Cooperative Agreement Hennepin Emergency Communication Organization" is hereby accepted by the City of New Hope and the Mayor and Manager are authorized to execute said agreement. 2. That Harlyn G. Larson, City Manager, be appointed as New Hope's director for the Hennepin Emergency Communication Organization and that Colin Kastanos, Director of Police, be designated as the alternate director for New Hope. Adopted by N~w Hope Council this 25th day of October, 1976. ~/ E~rd J. Erickson, Mayor ATTEST: l~e~~dTiot, City Clerk-TreasUrer RESOLUTION CANCELLIN~ ASSESSMENT FOR WATER IMPROVEMENT NO. 19lA A~AINST PLAT 62219, PARCEL 2020 AND AUTHORIZIN~ REFUND OF PRE- VIOUS INSTALLMENTS WHEREAS, the City of New Hope, has heretofore constructed a water lateral within the limits of the City, said lateral being designated as Water Improvement No. 19lA, and WHEREAS, Plat 62219, Parcel 2020, has heretofore been assessed as having received a benefit from this improvement by the installation of a water service, and WHEREAS, although a field search has been conducted, the City has been unable to locate the service and, inasmuch as this be the fact, a benefit has not accrued to the property in ques- tion, NOW, THEREFORE, BE IT RESOLVED, that the City of New Hope does hereby cancel the special assessment for Water Improvement No. 19lA, for Plat 62219, Parcel 2020~ for the years 1977 through 1987, in the amount of $137.50; this amount representing annual principal of $12.50 per year, times eleven years. BE IT FURTHER RESOLVED, that refund of previously paid installments on said assessment in the amount of ~224.70 be refunded to the taxpayer. Dated this 25th day of October , 1976. / ~-ward J. Erickson, ~.ayor Attest: '~~~--i. ~l~ty~<P~liot, Clerk-Treasurer CERTIFICATIO,N OF MINUTES RELATING TO $415,000 IMPROVEMENT BONDS OF 1976, SECOND SERIES Issuer: City of New Hope, Minnesota Governing body: City Council Kind, date, time and place of meeting:- a regular meeting held November 8, 1976, at 7:00 o'clock P.M., in the New Hope City Hall. Members present: Erickson, Enck, Hokr, Herman, Plufka Members absent: None Documents attached: Minutes of said meeting (pages)': 1 through 12, including RESOLUTION AWARDING SALE OF - $415,000 IMPROVEMENT BONDS OF 1976, SECOND SERIES RESOLUTION AUTHORIZING AND ESTABLISHING THE FO~4 AND DETAILS OF $415,000 IMPROVEMENT BONDS OF 1976, SECOND SERIES, AND APPROPRIATING SPECIAL ASSESSMENTS FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which %hey' have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of'all resolutions and other actions taken and of all docu- ments approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the memJo'ers indicated above, pursuant to call. and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 12th day of ~qovember , 1976. (SEAL) Betty Pouliot, City Clerk-Treasurer Name and T'J. tle The Clerk-Treasurer presented affidavits showing publica- tion of notice of sale of $415,000 Improvement Bonds of 1976, Second Series, of the City in the official newspaper and the Com- mercial West as required by law and as directed by resolution of the Council adopted October 12, 1976. The affidavits were ' examined and found satisfactory and directed to be filed in the office of the Clerk-Treasurer. The Clerk-Treasurer then reported that '8 sealed bids had been received at h'er office prior to the time of this meeting, pursuant to the notice of sale, and the bids were then opened and publicly read and considered, and the terms of each were determined to be as follows: Net Interest .Bidders Address Price Cost Interest .- Bidders ~ Address . - Price Cost FIRST NATIONAL BANK OF MINNEAPOLIS Minneapolis ' ' $.412,514115 $ 164,225.85 Crai~-Hallum', Inc. · -. Minneapolis . ?~. ] 5.0472% · New Hope State Bank .- New }lope :... : E.J. PRESCOI-T, A Div of Carleton D. Beh Co. Minneapolis $ 412,626.00 $ 164,317.]3 ALLISON-WILLIAMS COMPANY .... ' Minneapolis '_ $ 41~,389.50 $ 165,658.00 M.N. Novick & Co., Inc. : Minneapolis. " 5.0912% AMERICAN NATIONAL BANK & TRUST CO. ' St. Paul $ 411,241.50 $ 165,105.00 "" : ' '' "3 5.10506% DAtN, KALMAN & QUAIL, .INC. Minneapolis --' .- . . $ 4l],44.3.80 $ ]66,~78.70 · . -.~.: .. ~':':. 5.11959]% BANCNORTHWEST. Minneapolis '"~ J; 410,435.00 $ 165,851.25 Cronin & Iqarcotte, Inc~ Minneapolis 5.]28275% THE FIRST NATIONAL BANK OF ST. PAUL' St. Paul $ 410,850..00 $ 168,162.51 · ' 5.]68267% PIPER, JAFFRAY & HOPWOOD, I~C. Minneapolis $ 4l],0]1.85 $ 169,203.]5 : 5.2003% After consideration of said bids, Councilman Enck introduced the following resolution and moved its adoption: ,,Resolution-Awarding Sale of $415,000 Improvement Bonds of 1976, Second Series." The motion for the adoption of the foregoing resolution was duly seconded by Councilman Hokr , and upon vote'being taken thereon, the following voted in favor thereof: Erickson, Enck, Hokr, Herman, Plufka and the following voted against the same: none whereupon said resolution was declared duly passed and'adopted and was sSgned by the Mayor and attested by the City Clerk-Treasurer Extract Book). (Page -2- Councilman Enck then ~[ntroduced the following reso- lution and moved its adophion: "Resolution Authorizing and Eshab- lishing the Form and Details of $415,000 Improvement Bonds of 1976, Second Series, and Appropriating Special Assessments for the Payment Thereof." The motion for the adoption of the foregoing resolution was duly seconded by Councilman Herman , and upon vote being ~aken thereon, ~he following voted in favor ~hereof:Erickson, Enck, Hokr, Herman, Plufka and the following voted agains~ the same: none whereupon said resolution was declared duly passed and adopted, and was signed by ~he Mayor, which was attested by ~he City Clerk- Treasurer. (Page~ .. Ex~rac~ Book) -3- ~' (Page~ . Extract Book) RESOLUTION AWARDING SALE OF $415,000 IMPROVEi,~NT BONDS OF 1976, SECOND SERIES BE IT RESOLVED by the Council of the City of New Hope~ Minnesota, that the best bid received in accordance with the published notice of sale for the purchase of $415,000 Improve- ment Bonds of 1976, Second Series, dated November 1, 1976, is that of First National Bank , of Minneapolis, Minnesota , and associates therein named, to purchase the Bonds at a price of $412,514.15and accrued interest, the Bonds maturing in the years set forth below to bear interest at the respective annual rates'set forth opposite such years, from date of issue until paid or duly called for redemption: Year Amount Rate Year Amount Rate 1978 $ 5,000 4.45% 1987 $35,000 5 % 1979 35,000 4.45% 1988 35,000 5.1'0% 1980 35,000 4.45% 1989 10,000 5.20% 1981 ' 35,000 4.45% 1990 10,000 5.30% 1982 35,000 4.45% 1991 10,000 5.40% 1983 35,000 4.45% 1992 10,000 5.50% 1984 35,000 4.90% 1993 10,000 5.50% 1985 35,000 4.90%' 1994 10,000 5.50%' -'1986 35,000 4.90% The Mayor and Clerk-Treasurer are authorized and directed to exe- cute on behalf of the City a contract for the sale of the Bonds to said bidder upon the terms above stated; and the Clerk-Treasurer shall retain the check securing the. bid above described until delivery of the Bonds and payment of the purchase price, and shall return the checks of other bidders forthwith.  /~ /Edwar~/Erickson, Mayor - / / Betty ~oulio~, Clerk-~reasurer --4--' (Page . Extract Book) RESOLUTION AUTHORIZING AND ESTABLISHING THE FOPS4 AND DETAILS OF $415,000 IMPROVEMENT BONDS OF 1976, SECOND SERIES, AND APPROPRIATING SPECIAL ASSESSMENTS FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of New Hope~ Minnesota, as follows: Section 1. Authorization and Findings. 1.01 Designation of Improvements. It is hereby found and determined that this Council has adopted resolutions ordering the construction of various improvements as follows: Description of Improvement Date Ordered No. 308 (Sewer and Water - Peter King) October 14, 197f No. 309 (Street- Nevada) October 14, 197f No. 31la (Sewer and Water- Gettysburg Hills, 315: July 12, 1976 Martha Gardens and Cooper-Herman) 316: July 12, 1976 31lA = 315, 316, 311 311: Feb. 23, 1976 No. 312a (Street and Storm Sewer - Gettysburg Hills, 317: July 12, 1976 M. ar~tha Gardens and Cooper-Herman) 318: J~uly 12 1976 312A = 317, 318, .31~. 31.2.: dune 14~ 1976 No. 322 {Sewer and Water - Gordon's Lakeview Terrace October 12, 197( 2nd) 'No. 323 (Storm Sewer - Gordon's Lakeview Terrace 2nd) October 12.., 197~ and that said'improvement proceedings were all instituted under Minnesota Statutes, 'Chapter 429. 1.02 Authorization; Conditions Precedent. It is further found and determined ~'hat the C~hncil did order the improvements pursuant to a public hearing and notice thereof as required by law, and did thereafter approve plans and specifications for the construc- tion of the improvements; that after public advertisement for bids, as required by law, contracts for the construction of the improve- ments have beep or will be duly awarded; that the total cost to the City of the improvements is estimated to be approximately equal to and not less than $415,000; that the total benefits resulting from said improvements to the assessable lots, pieces and parcels of land affected thereby and to the City at large will be substantially in excess of the total cost of the improvements; that in order to pay 'the -5- cost of constructing the improvements, it is necessary that the sum of $415,000 (including $5,000 representing interest as authorized by Minnesota Statutes, Section 475.56) be borrowed at this time by the issuance of $415,000 general obligation Improvement Bonds of 1976, Second Series, of the City (hereinafter, the Bonds), in accordance with the provisions of Chapter 429, Minnesota Statutes, as hereinafter provided; and that all acts, conditions and things required by the Constitution and laws of'the State of Minnesota to be done, to exist, to happen and to be performed preliminary to the issuance and sale of the Bonds to provide moneys to pay for the improvements have been done, do exist, have happened and have been performed in due form, time and manner as so required. 1.03 Sale of the Bonds. In anticipation of the collection of special assessments and for the purpose of borrowing money to pay the cost of making the improvements, the City shall forthwith issue and deliver to the purchaser thereof the Bonds, payable pri- marily from the Improvement Bond Redemption Fund of the City, as heretofore duly authorized, advertised and sold in accordance with the provisions of Chapters 429 and 475, Minnesota Statutes. Section 2. Forms. 2.01 The Bonds. The Bonds shall be in substantially the following form: -6- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF NEW HOPE IMPROVEMENT BOND OF 1976, SECOND SERIES No. $5,000 KNOW ALL MEN BY THESE PRESENTS that the City of New Hope, Hennepin County, Minnesota, acknowledges itself to be-indebted and for value received promises to pay to bearer the sum of FIVE THOUSAND DOLLARS on the 1st day of February, 19 , or, if this bond is redeemable as stated below, on a date prior thereto on which it shall have been duly called for redemption, and to pay interest thereon at the rate of per cent ( %) per annum, from the date hereof until said principal sum is paid, or until this bond, if redeemable, has been duly called for redemp- tion. Interest hereon is payable semiannually on each February 1 and August 1, commencing on August 1, 1977, in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto. Both principal and interest are payable at , in , , paying agent or its successor, in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith, credit and unlimited taxing powers of the City are hereby irrevocably pledged. This bond is one of an issue in the aggregate principal amount of $415,000, all of like date and tenor except as to serial number, interest rate, maturity and redemption privilege, issued to finance the construction of local improvements in the City, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, thereunto enabling. This bond is payable primarily from the Improvement Bond Redemption Fund of the City, but the Council is required by law to pay maturing principal thereof and interest thereon out of any funds in the treasury if moneys on hand. in said special fund are insufficient therefor. Bonds of this issue maturing in 198'7 and earlier years are payable on their respective stated maturity dates, without op- tion of prior payment. Bonds of this issue maturing in 1988 and later years are each subject to redemption and prepayment, at the option of the City, in inverse order of serial numbers, on February 1, 1987, and any interest p~yment date thereafter, at a price equal to the principal amount thereof and accrued interest, on notice of call for redemption published not less than 30 days prior to the date of redemption in a financial periodical, published in a Minnesota city of the first class or its metropolitan area. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issua].~ce of this bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied or covenanted and agreed to levy special assessments upon property benefited by said improvements, which special assessments are estimated to be collectible in the years and in aggregate amounts not less than 5% in excess of sums sufficient to pay the interest on and principal of the bonds of this issue as they respectively become due, and has irrevocably pledged and appropriated said taxes and special assessments in such aggregate amounts to said Redemption Fund, but ad valorem taxes, if needed for said purpose, may be levied upon all taxable property within the City without limitation as to rate or amount; .. and that the issuance of this bond or any bond refunded hereby did not cause the indebtedness of the City to exceed any constitu- tional or statutory limitation. IN WITNESS WHEREOF, the City of New Hope, Hennepin County, Minnesota, by its City Council, has caused this bond to be executed in its behalf by a printed facsimile of the signature of its Mayor and the. manual signature of the City Manager, and by a facsimile of ~he official corporate seal printed hereon, and has caused the interest coupons appurtenant hereto and the certificate on the reverse side hereof to be executed and authenticated by the facsim- ile signatures of said officers, all as of,November 1, 1976. / - Ci~' Managez~ (SEAL) 2.02 The Coupons. Interes~ on each Bond to maturity shall be represented by a consecu~ive!y numbered set of intel?est coupons in subs~an~ial!y the following form: $ On the 1st day of February (August), 19 , unless the bond described below is subjech to and has been duly called for earlier redemption, the City of New Hope, Hennepin County, Minnesota, will pay to bearer at , in , the sum shown hereon in lawful money of the United States of America for interest then due on its Improvement Bond of 1976, Second Series, dated November 1, 1976, No. .' (Facsimile signature) (Facsimile signature) City Manager Mayor 2.03 The Certificate. A certificate in subsSantially the following form shall be printed on the reverse side of each Bond, following a copy of the tex~ of the legal opinion to be rendered by bond counsel: We certify that the above is a full, .true 'and correct, copy of the legal opinion rendered by bond counsel on the issue of bonds of the City of New Hope, Minnesota, which includes the within bond, dated as of the date of delivery of and payment for the bonds. (Facsimile signature) (Facsimile signature) City Manager Mayor Section 3. Terms, Execution and Delivery of Bonds. 3.01 Terms. The Bonds shall be dated as of November 1, 1976, shall be 83 in number and numbered serially from 1 to 83, inclusive, each in the denomination of $5,000, shall m~ture serially on February 1 in the years and amounts set forth below, and the Bonds of each annual maturity shall bear interest from date of issue until paid or duly called for earlier redemption at the rate per annum shown opposite the year of such maturity as follows: Year ~mount Rate Year Amount Rate 1978 $ 5,000 4.45% 1987 $35,000 5.00Z 1979 35,000 4.45% 1988 35,000 5.10% 1980 35,000 4.&5% 1989 10,000 5.20~ 1981 35,000 4.45Z 1990 10,000 5.30% 1982 35,000 4.&5% 1991 10,000 5.40% 1983 35,000 4.45% 1992 10,000 5.50% 1984 35,0D0 4.90% 1993 10,00~ 5.50% 1985 35,000 &. 90% 1994 10,000 5.50% 1986 35,000 4.90% -9- 3.02 Interest; ~in~' Agent. Interest shall be payable on August 1, 1977, and semiannually thereafter on February 1 and August 1 of each year. The principal of and interest on the Bonds shall be payable at the First National Bank of Minneapolis ~ in Minneapolis , M~nnesota ~ which is desi'gnated as paying agent, or in the event of its resignation, removal or incapability of acting as paying agent, at the office of such successor paying agent as may be appointed by the Council, and the City agrees to pay the reasonable charges of said paying agent for the receipt and disbursement thereof. Upon merger or consolidation of the payin9 agent with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor paying agent. No resignation of the paying agent shall become effective until the date specified in a notice of the appointment which ~he Council shall cause to be published in a financial newspaper in a Minnesota city of the first class or its metropolitan area,, not less than thirty days before said effec- tive date. 3.03 Redemption. Bonds maturing in the years 1978 through 1987 shall not be subject to prior redemption, but Bonds having stated maturity dates in the years 1988 through 1994 shall each be subject %o redemption and prepayment at the option of the City in inverse order of serial numbers on February 1, 1987, and any inter- est payment date thereafter, at par, plus accrued interest. ~Not less than 30 days before the date specified for redemption, the -City Clerk-Treasurer shall cause notice of call for redemption to be published in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service. The Clerk-Treasurer shall also mail such no%ice to the bank at which principal and' interest on the Bonds are then payable, but published notice shall be effective wi%hour mailing. 3.04 Execution and Delivery. The Bonds Shall be prepared' under the direction of the City Clerk-Treasurer and attorney and shall be executed on behalf of .the City by the facsimile signature of the Mayor and the manual signature of the City Manager, and by a printed facsimile of the official corporate seal. On the reverse side of each Bond shall be printed a copy of the approving legal opinion rendered by bond counsel and the certificate of the Mayor and City Manager. The certificate as to legal opinion and the interest coupons attached to the Bonds shall be executed and authen- ticated by %he printed, engraved or lithographed facsimile signa- tures of the Mayor and City Manager. When the Bonds have been so executed and authenticated, they shall be delivered by the Clerk- Treasurer to the purchaser thereof upon payment of the purchase. price in accordance with the contract of sale heretofore made and execdted, and the purchaser shall not be obliged to see to the application of the purchase price. The purchase price shall, how- ever, be applied to the funds of the improvements designated in Section 1.01 hereof. Ail Bond proceeds in excess of $410,000 re- ceived upon delivery from the purchaser shall be credited to the -10- Improvement Bond Redemption Fund, created by' Ordinance No~ 57-20, as amended, of the City. Section 4. ~pecial Assessments. The full faith and credit of the City shall be and is here- by pledged to the prompt and full payment of the Bonds and the in- terest thereon. In accordance with Ordinance No. 57-20, as amended, it is hereby estimated that special assessments have been or will be levied in respect of the improvements in the amounts shown below, payable in the number of annual installments below set forth, and the first installment being collectible in the years as follows, and that the uncollected principal amount thereof is in the respective amounts shown below: Year of Designation Collecting of Amount Amount Number of First Improvement Assessed Uncollected Installments Installment No. 308 $ 27,200 $ 27,200 20 1977 No. 309 3~,800 31,800 10 1977 No. 31la 113,995 113,995 20 1978 Mo. 312a 204,010 204,010 10 1978 No. 322 29,210 29,210 20 1978 No. 323 9,455 9,455 10 1978 Interest on deferred installments of said special assessments is or shall be payable at the rate of 8.00% per annum, the first install- ment to include interest from the date of the resolution levying %he assessment to Decen~er 31 of the year in which such installment is payable, and each subsequent installment includes or shall include interest for one year on the then unpaid balance of the assessments. Section 5. Arbitrage, Defeasance and Certification of ~roceedings_.. 5.01' Arbitrage. The Mayor, City Manager and Clerk-Treasurer, being the officers of the City charged with the responsibility for issuing the obligations pursuant to this resolution, are authorized and directed to execute and deliver to the purchaser a certification in accordance with the provisions of Section 103(c) of the Internal Revenue Code of 1954, as amended, and Proposed Treasury Regulatio~ns, Sections 1.103-13 and 1.103-14. Such certification shall state that on the basis of the facts, est-imates and circumstances in existence on the date of issue and deliver}, of the Bonds as therein set forth, it is not expected.that the proceeds of the Bonds will be used in such a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. -11- 5.02 Defeasance. When all of the Bonds issued and all coupons appertaining thereto, have been discharged as provided in this sec- tion, all pledges, covenants and other rights granted by this reso- lution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds and coupons appertaining thereto which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond~or coupon should not ]De paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds according to their terms, by depositing with the paying agent on or before that date an amount equal to the principal, interest and redemption' premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at 'any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are auth- orized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be re- quired to pay all principal, interest and redemption premium to become due thereon to maturity or said redemption date. 5.03 Cer%i'fication' 'o'f Proceedings. The Clerk-Treasurer is hereby direc~ted to f~ite a certifm~-e-~ copy of this resolution with %he County Auditor of Hennepin County and to obtain said County Auditor's certificate in accordance with said ordinance; and the officers of the City and County are hereby authorized and directed to furnish %o the purchaser of the Bonds, and to the attorneys approving the legality thereof, certified copies of all ordinances, resolutions and other actions and proceedings of the City relating to the issuance of the Bonds, and certificates and affidavits as to all such other matters as may be required by them to evidence the legality and marketability of the Bonds, and all such certified copies, certificates and affidavits, including any heretofore fur- nished, shall be deemed recitals of the City of New Hope as to the correctness of all statements contained/~erei~t ', ' ' // y/ii, B~%~y- q~iot, City Clerk-Treasurer -12- ORDINANCE NO. 76- 25 AN ORDINANCE ADDING SECTION 11.28 TO 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. Chapter 11 of the City Code, Traffic Regulations, is hereby amended by adding the following: 11.28 Parking For The Handicapped. Subd. (1) Definition. The term physically handicapped as employed herein shall include any person who has sustained an amputation of or permanent disability of either or both arms or legs, or who has been otherwise permanently disabled in any manner rendering it difficult and burdensome for him to walk. Subd. (2) Parking Prohibited. No person shall park, obstruct, or occupy with a motor vehicle, any parking space, on public or private property, designated and posted as parking for handicapped persons, pursuant to Section 5502 of the State Building Code, unless said vehicle prominently displays an insignia or certificate issued by the Department of Motor Vehicles pursuant to Minnesota Statutes § 169.345 (3). 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 81;h day of November , 1976. Attest: 'getty Pouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ]Sth day of November , 1976.) At a duly authorized meeting of the City Council of New Hope, Minnesota, held on November 8, 1976, the following resolution was moved and adopted: RESOLUTION WHEREAS, Plans for Hennepin County Project No. 7624 showing proposed traffic signal installation with mast arms and integral street lights at the intersection of 47th Avenue North and County State Aid Highway No. 156 (Winnetka Avenue) within the limits of the City have been prepared and presented to the City. NOW THEREFORE IT IS RESOLVED, that said plans, specifications, and special provisions for Project No. 7624 be in all things ap- proved and that the City Engineer is hereby authorized and directed to sign the plans on behalf of the City. ATTEST: ~'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 New Hope at a meeting thereof held in the City of New Hope, Minnesota on the 8th day of November, 1976, as disclosed by the records of said City in my possession. (seal) --~z~j City Cl~rk ORDINANCE NO. 76- 26 AN ORDINANCE AMENDING SECTION 9.02 (f) OF THE CITY CODE RELATING TO FLAMES OR FIRES ON APARTMENT BALCONIES City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 9.02 (f) of the City Code is hereby amended to read as follows: 9.02 (f) Article 28 is amended by adding and inserting therein after 28.17 the following section, to be numbered Section 28.18 "Open Flames on Apartment Balconies - or Patios": No person shall kindle, maintain or cause any fire or open flame on any apartment balcony above ground level or ground floor patio immediately adjacent to or within fifteen (15) feet of any apartment unit. No pers~on shall store any fuel, barbecue torch or other similar heating or lighting chemicals or device in either of the above locations. Storage of any grills or other similar cooking devices in either location sh{~ll be per- mitted only if adequate storage space is not available elsewhere in the apartment buildings or common areas of the apartment complex. 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 8th day of November , 1976. Attest: Be~Uiiot, Clerk-Treasurer Published in the New Hope-Plymouth Post the ] 8th day of November , 1976. RESOLUTION APPROV lNG 1975 TRANSFERS General Detail Fund and Account Code Debit .Credit Debit Credit 75-93 TO~ Central Garage 246 2,932.11 3723 · FROM: General Fund .. -. Protective Inspe~. 192 25.72 4130-37LI Animal Control 192 -49.13 4160-37-1 Police Department 192 .728.9I 4110-37-1 Park Department 1,032.54 4742-37-1 Street Department I;095.82 4220-37-1 To ~ecord Central Garage . service for December 1975. 75-94 TO: Central Garage. 246 . B9.47 372'3 FROM: Sewer and WateE 192 69.47 4746-37-1 75-95 TO: Central Garage 246 1,517.42 3723 FROM: General Fund Police 192 425.33 4110=21-2 = Protective Inspec. 192 32.76 4120-21-2 Park '192 468.59 4742-21-2 Fire 192 71.87 4120-21-2 Aaimal Control 192 72'.16 4160-21-2 Streets .. 492 496.71 4220-21-2 ' T~ record gasoli, ne purcha~ s. from Central Garage for December 1975 76-96 TO: Central Garage 246 171.82 3723 FROM: Sewer and Water 192 171.82 4746-21-2 To record gasoline ~urchas :s from Central Garage from December 1'975 75-97 TO: Central Store 246 56.39 3723 FROM: Sewer and Water 192 39.36 4847-20 Liquor #1 192 8.50 4810-20 Liquor #3 192 8.53 4810-20. To recbrd purchases from C~ntral Store for period .' ~/75 to 12/31/75. DFFIFIt~Ft.FR I ... ' · . ' ', ' VXLLAGE OF H£W HOPE. · · ' '. ' · ' ' ' TRANSFER ENTRZES,' ' · - , ,. ~- .. . .~£ · · , General Detail . - Fund and Account Code Debit .Credit ~/ Debit '"1. ! - ' ' 75~98 '~ TO: central Store 246- 1',047:91 ., ~3723 . FROM: General Fund --~ Recreation , 192 77.67 I .. 4741-2~- -. · ,- Police ' 192 255.13 · 4110-20 : , Assess!n9 192 ' 1.24 4053-20 ';:" Clerk 192 .'.'333.01 4051-20 -:-,-. Accounfi~.g- .' 192, 71.98 - 4054-20 ,'-'...- ., Fire'." ' '' .' 192.- 55.80 4120-20 ~.,.: , Protective Ins~e¢. 192' 46,10 '4130-20 ,' :~i:.. Advisory Commission 1.92' 3.29 4075-30 - ::' Mayor/Council 192 135.76 4010-20 Manager 19~' 54.12 4020-20 ~"~;"'~ PI. anning Commission " 192 q3.81 .. -~ 4080-2.1 .-]: . T~ record purchases from --' dentral G~ore for period.. .. >;-' 9/75 -' 12/7~''- .. ' -. . ' - . 75-99 . - -: - .-.. ~o: Swimming Pool Oper, 192 788,20 4746-24 "~' From: General Fund ' "~' 'Recreation "' '192 477.02. ' ' 4741-24 · :' - GoLf Course Oper. 192 165,30 '- 4743-24 ..L' ..Ice Arena Operation -192 147.88 4744-24 . .-.:. To transfer funds foB- ".. · .. . . ' ..~', resale'merchan&ise pur- , - ..: -chases by pool and transf,~r .'- .to o'ther funds. 75-100L ... "-. " TO: Street LigKting 12t 35.,214.78 3971 ~ FRO~: Sewer and Water 221 35,214.8 4147-84 -. To transfer funds for - · street lighting - receiV', -- able in ~wer and water fund. "' 75-101 , ,, ' TO: Improvement 269. 221 1,600.DO 3970 Improvement.308 221 1,800.00 ' 3970 ' - Improvement 309 221 140.00 3970 ' . Improvement 277 221 300.00 3970 Improvement 286 221 400.00 .- 3970 Improvement 288 221 2,20~,00 3970 Impwovement 291 221 32,000.'00 3970 Improvement 292 221 t00.00 ' 3970 Improvement 295 221 275.00 3970 Date of Entry ~ .. · ' · ' '. - VILLAGE OF NEt4 }lOPE' · · · '. .... ~ · TRANSFER ENTRIES . -' General Detai 1. Fund and Account gode Debit .Credit ,~ Debit ) · Credit 75-101 ('continued) · TO: Improvement 296 221 33,_100. O0 5970 ' ] ' , Improvement 29.9 221 .I,300-00 .. 3970 . : ' ~ '.... ImproVement" 304 22t 5,700.00 ' 3970 ~. -:.--'::.:'. Improvement 306 221 3,'500.00 : 3970 '~ ~. .- ..-- ..'Improvement 307 221 '100.00 ~. 3970 .:~:~i:; '?""FRoH: : Tempora. Fy RevOIvi. rg 12t 102,3J5.00 ' 4991-84 .." TO.re~ord· ~e~npor~'~y' .loan -. .: ._ fr6~ temporary revolving . . . . Tuna.'--" ,, - '-.. 75-102 -: .... TO: General-Fund. 246.. 16,600. - 3852 · · . , Fl~OM:.Special. Po'~icelPro, . 265 . 16,000.00 ' -4991-70 . . ±oct i on-Fund- ._ . i.. . · ..-" .... To trans.fer funds for' · ' ' m ' ' special po..I ice'protection '. -' :';':.]'- '"" '.. ' ' . ~..:. f~nd for 1975 budget'.-. ' . " . ' - 75-103 . .,.' ... .'- TO:~ Poor Fund 246 I, 122.08' ' 3850 :':i-:'..F'ROM: ' Gen'~ral Fund~ .. 265 I, 122.08 4980-70 ." '.~ 'To cover deficit:'bala.nce ... : - - ~' "'i'n poor fund. - . ]'-¢.", '-.' 75/104 "' . :'.:" ]'--':'.-'.:-';i~Trust and Agency 260 I O' 000. O0 4950-70 .' :'.F. ROM':. Gen~a'l 'Fund '- 246 . I0,000.00 " 5850 ":":'" "'' fer'.frOm' l~u:s.t']~.~d- agency ' '1 [ . !:' . -' ,,: 'f rom ]2~ ~iO00'i gdi']:l:'5'~ObO ? ].:.] ,'-. :] -'. " '. .'-':...'-':]...T~:'.: :"...~~ e?tra I .G.arage ~21 '8,000.00 · 3970 -;~'~,. i}' ']' '.EROS.{.. ~T~rar.¥, Rev.ol vi r~g 1218,000. oo . g99 I-84' ' ':?,::i-':7S4:i 06 "'/ ", -.' '.?::.:' :"'" · - 0" General'. ~FU'nd .... 246 27,620 O0 3583 ' FifOS:'' Revenue"Sharing ' 192 27,620.00 4991.-~) ~'_ i-, :;..' TO,:~trans~er Pub4 ic safetY/ .. - .~; ::.: ]satar. y adjustments Date of Entry , DECEMBER 1975 ° ~ · · . .,$. . . , · ' " ' VILLAGE OF. NEll }lOPE ' ' ' ' · · ' ' TRANSFER ENTRIES.' ' ' Detail' General .." Fund..and Account Code Deblit .Credit V/ . Debit t' Credi~ ":-.'" ' 75= 107 ' · ' ' --... TO.: IBR'. .265-2 ' 11,274.09 3~50 " .]:"-. FROM1 Bond Refinancing 253 11,274.09 .. 4991-70. .. ]:'":':" Escrow · .~ ' '. ' -?:'-." -Yo transfer c~sh balance . ; . " ...: for bond refinancing' · ' to I.B.R. . .. Adopted by the City Council on the 8th day lof November, 1976. / ~/ Mayor ATTEST: ' ~-~ '~y' C1 erk-Treasurer ~fm m~ Knfrv DF~FM~ER 1975 ) ' RESOLUTION APPROVING 1976 TRANSFERS i-. Fund'and Account Code General,, / Detail Debit Credit v Debit Credit ,- 76-1 TO: . Central Garage 2,014.16 3723 , FROM: General Fund Animal Rescue ' 160.88 4160-37-1 ': Police 625.35 4110-37-1 Park 543.8i 4742-37-1 Street Department ~. 533.07 4220-37-1 : snow ~. 751.11 4230-37-1 To record C~ntral Garage ~. . ~ service for January 1976. I [ " 76-2 TO: Central Ga'rage. i ' 1i'3.55 3723 ~ FROM': Sewer and Water ~ 86.42 4746-37-1 ~ Ice Arena ' 27.13 " 4744-37-1 To record Central Garage service for January 1976 ; 76-3 TO:. Central G~rage 1,884.23 3723 FROM: General Fund .PrQtective Inspection 23.73 4130-21-2 Animal Rescue · 72.66 4160-21-2 / ' Police 482111 4110-21-2 . Park 599.34 4742-21-2 Fire 66.40 4120-21-2 Snow 639.99 4230-21-2 To record gasoline purch'ase~ from Central Garage in · January 1976. 76-4 1' TO: . Central Garage 164.11 3723 FROM: Sewer and Water 163.17 4746-21-2 Ice Arena 1.05 4744-51-2 To record gasoline purchase~ from Central Garage in January 1976. Date of Entry JANUARY 1976 · ' ' VILLAGE OF NEW HOPE · · , TR~$FER ENTRIES 'General ' · Detail Fund and Account Code ,F Debit Credit ~/ Debit Credit 76-5 TO: General Fund $33,483.0C 3653 FROM~ Revenue Sharing 33,483.0( 4991-70 76-6 TO: Central Garage FROM: General Fund 1,421.09 3723 Animal Control 39.57 4160-37-1 · Police 387.97 4110-37-1 Park · 309.45 4742-37-1 Street 684.10~ 4220-37-1 Central garage service ~or '. February.'1976. 76-7 TO: Central Garage 69.50 3723 FROM: Sewer and Water 42.37 4746-37-1 Ice Arena 27.13 4744-37-1 Central Garage service for February 1976. 76-8 TO: Central Garage 955.11 3723· FROM: General Fund Protective Inspection~ 22.26 4130-21-2 Animal Contrp 62.58 4160-21-2 Police 416.30 4110-21-2 Park 212.98 4742-21-2 Fire 65.60 4120-21-2 ' Street · 175.39 4220-21-2 Gasoline Purchases f~om Central Garage for Feb.'76. 76-9 TO: Central Garage 158.84 3723 FROM: Sewer and Water 124.53 4746-21-2 Ice Arena 34.31 4744-21-2 Gasoline purchases from Cent'ral Garage for Feb.'76. Date of Entry FEBRUARY 976 '. ¥ILLAGE OF NEW HOPE TRt~$FER EI~I'RI ES ~ General Detail Fund and Account Code : Debit ' Cre~'i t ~/ Debit Credit 76-I0 TO:- Central Garage 2,489.28 3723 FROM: General Fund Animal Con±roi 2,48~.28 4160-37-1 Park 275.00 4742-37-1 Fire 36.58 4120-37-1 Street 962.53 4220-37-1 To record Central Garage service for March 1976. 76-11 TO: Central Garage' 2~9.80 I 3723 FROM: Sewer/Water 139.62 4746-37-1 Ice Arena 110'.18 4744-37-1 Central Garage service for March. 76-12 TO: Central Garage 1,136.74 3723 FROM: General Fund PoLice 363.51 4110-21-2 Fire 63.55 4120-21-2 Protective Inspection 35.28 4130-21-2 Park 168.34 4742-21-2 Animal Control 60.27 . 4160-21-2 Street 445.79 ~220-2i'-2'.. '" Gasoline purchased from · Central Garage during I March 1976. TO: ' Central Garage 185.42~ 3723 . FROM: Golf Course 3,40 4743-21-2 Ice Arena 34.82 4744-21-2 Sewer and Water 147.20 4746-21-2 Gasoline purchases from Central Garage during March 1976. Date of Entry M~RCH 1976 VILLAGE OF NEW HOPE ' · . TRANSFER ENTRIES . General Detail Fund and Account Code Debit Credit ~/ Debit !- Credit 76-14 TO: Central Garage 2,034.13 3723 ' FROM~ General Fund . Animal Control 97.37 4160-37-1 Police -71t.12 4110-37-1 Park 413.73: · 4742-37-1 Fire 66.43 4120=37-1 Street 721.41 4220-37-I Protective Inspection 24.07 4130-37-1 To re~ord Central Garage service for April 1976. 76-15 . ' TO: Central Garage 70.73 3723 FROM: SeweF and Water 20.35 4746-37-1 Ice Arena 23.25 4744-37-1 Golf Course 27.13 4743-37-1 .:. To record Central Garage service for April 1976. '76-16 TO: CeRtral Garage 1,068.64 3723 FROM: General Fund' Police 138.56 4110-21-2 . Fire 70.35 4120-21-2 Protective Inspections 24.36 4130-21-2 Park 289.25 4742-21-2 Animal Contr&l 81,98 4160-21-2 Street 464.14 4220-21-2 Weed Gasoline purchases from Central Garage during' April'1976. 76-17 TO: Central Garage 215.97 3723. FROM: Golf Course 4.70 4743-21-2 Ice Arena 60.82 4744-21-2 Sewer and Water 150.45 4746-21-2 Gasoline purchased from Central Garage during April 1976. Date of Entry APRIL 1976 VILLAGE OF NEW HOPE .- : TRANSFER E~RIES ' General Detail i Fund and Account Code Debit" C,redit ~/ Debit Credit 76-18 ., TO: I.B.R. 1,809.00 3951 FRO~: Improvement #279 1,809.00 6000-81 (refunds-193) To transfer monies to cover. Improvement 279's portion of storm sewer improvement 282. 76-19 .TO: Improvement 2~1 45,467.49 6000-52 FROM: Improvement 279 45,467.49 6000-52 To transfer moni'es for Improvement 279 pathway system. 76-20 TO: I.B.R. 7,822.00 3951 FROM: Improvement 279 7,822.00 6000-81 To transfer monies to cover improvement 279'sportion ~ of storm sewer for 49th Avenue athletic field parking lot. 76-21 TO: Improvement 304 5,642.76! 3951 FROM: Road and Bridge Con- ' struction Fund 5,642.76; 6000-81 To transfer monies to cover 1 1975 striping program. '. 76-22' -" TO: Improvement 296 32,238-84 3951 " ' ' FROM: Road and Bridge Con- struction Fund. 32,238.84 6000-81' To transfer monies to cover 1975 seal coat program. . %. Date of Entry APRIL 976 · . * . ¥1LLAGE OF NEW HOPE · . TR/~ISFER ENTRIES General Detail Fund and Account Code Debit Cred'it ~/ Debit · CreditI 76-23 TO: Central Store 1~157.02 ' 3723 FROM; General Fund Recreation -. 262.86 4741-20 ' Police 193.78 4741-20 Clerk 355.00 4051-20 Accounting 63.44 4054-20 Fire I .91.32 4120-20 PPotective Inspection .30.71 4130-20 Advisory Commissions 3.65 4075-30 Mayor/Council 68.2g '4010-20 Manager 73.63 4020-20 Planning Commission 14.34 4080-21 To'record purchases fro~ ',' Central Store for period I/I/76 to 4Y30/76. 76-24 TO: Central Store 89.32 3723 FROM: Sewer and Water 23.39 4847-20 Liquor No.' I 6.08 4810-20 ' Liquor No. 3 6.07 ' 4810-20 Comm. Dev.Grant ~53.78 To record purchases from Central Store for .period ' I/I/76 to 4/30/76. Date of Entry APRIL 1976 *~ VILLAGE OF NEW HOPE .. ' ' TRANSFER ENTRIES General Detail Fund and'Account Code Debit Credit ~ Debit 'Credit 76-25 TO: Central Garage 1,512.27 3723 FROM~ General Fund Animal Control Police 333.58 4110-37-1 Park 817.77 . 4742-37-1 Fire 70.24 4120-37-1 Street 281.96 4220-37-1 Protective Inspection~ 8.72 4130-37-1 To re~ord Central Garage service for May 1976. 76-26 TO: Central Garage 114.87 3723 FROM: Sewer and Water 103.24 4746-37-1 Ice Arena' .~. Golf 11.63 4743-37-1 To record Central Garage service for May 1976. 76-27 TO: Central Garage 1,297.48 3723 FROM: General Fund Police 256,51 4110-21-2 Fire 106.47 4120-21-2 Protective Inspection 26.23 4130-21-2 Park 465.38 4742-21-2 Animal Control 82.'28 4160-21-1 Street Snow 45.71 4230-21-2 Gasoline purchased from Central Garage during. May 1976.. 76-28 TO: Central Garage 216.73 3723. FROM: Golf Course 15.93 4743-21-'2 Ice Arena 44.24 4744-21-2 Sewer and Water 156.56 4746-21-2 Gasoline. purchased from Central Garage during .. .- May 1976. MAY 1976 Date of Entry · . '; ' ¥]LLAGE OF' NEW HOPE · · ' ' : 'I'RANSFER ENTRIES · General Detail Fund and Account Code Debit Credit ~ Debit Credit 76-30 . TO: Central Garage 2,656.86 3723 FRO~: General Fund Animal Control· Police 1,040;03 4110-37-1 Park 864.42 4742-37-1 .Fire 62.29 4120-37-1 Street 690.12 4220-37-1 Protective Inspection To record Central Garage service for June 1976. 76-31 -. TO: Central G~rage' 95.12 3723 FROM: Sewer and Water 95~12 4746-37-1 To record Central Garage Service for dune 1976. 76-32 TO: Central Garage 1,288.54 3723 FROM: General Fund 245.97- 4110-21-2 Fire 74.88 4120-21-2 Protective Inspection 24.26 4130-21-2 Park Department 467.60 4742-21-2 · Animal Control 117.13 4160-21-2 Street 358.70 i 4220-21-2 Gasoline purchased'from Central Garage during June · 1976. 76-33 TO: ' Central Garage 180.14 3723 FROM: Golf Course 19.17 4743-21-2 'Ice Arena 2.16 4744-21-2 Sewer and Water 158.81 4746-21-2 Gasoline purchased from Central Garage during June 1976o ~ate of Entry JUNE 1976 VILLAGE OF NEW HOPE TRANSFER ENTRIES General Detail Fund and Account Code Debit ' Credit ~/ Debi~ Credit 76-34 · I TO: Central Garage 1,497.28 ~3723 FROM: General Fund Animal Control 62.82 · 4160=37=1 Doliae 665.29 4110-37-1 Park 497.21 4742-37-1 Fire Street 165.49 4220-37-1 Protective Inspection 106.47· 4130-37-1 : To record Central Garage : service for July 1976. 76-35 ' TO: Central Garage 29.35 3723 FROM: Sewer and Water 29.35 4746-37-1 To record Central Garage service for July 1976. 76-36 TO: Central Garage 2, i99.15. 3723 FROM: Police 1,023.85 4110-21-2 Fine 86.45 4120-21-2 ~ Protective Inspection 20.40 4130-21-2 Park 477.55 4742-21-2 Animal Control 101.65 4160=21-2 Street 474.95 4220-21-2 Weeds 14.30 4360-21-2 Gasoline purchased from Central Garage during July · 1976. I 76-37 TO: Central Garage 132.85 3723 FROM:Golf Course · 22.40 4743-21-2. Sewer and Water 110.45 4746-21-2 Gasoline purchased'fr°m : Central Garage during July . : 1976. · Date of Entry ~ULY )976 -- ' ' ' ¥ILL~E OF NEW HOPE .. ' · ?R.~ISFER EHTRIES' . General Detail Fund and Account Code Debit Credit IV Debit Credit 76-38 ' .~ · TO: Central Garage ' 1,517.76 '3723 FROM~ General Fund .. .. Animal Control 16.72 4160-37-1 Police 514.79 4110-37-1 Park §55.48 4742-37-1' · Street 424.89 4220-37-1 Fire 5.88 4120-37-1 To recrod Central Garage· services for August 1976. .76-39 TO: Central Garage i'13.61 3723 FROM: Sewer and Water . 113.61 4746-37-1 To record Cent-ral Garage service for August 1976. 76-40 TO: Central Garage 2,160.85 3723 FROM:General Fund Police 1,010.20 4110-21-2 Fire 81.20 4120-21-2 Protective Inspection 30.75 4130.21-2 Park 403.05 4742-21-2 'Animal Control 88~30 4160=21-2 Street 543.35 4220-21-2 Weeds 4.00 4360-21-2 Gasoline purchased {rom Central Garage during Augus' 1976. 76-41 TO: .Central Garage 184.05 3723 FROM: Golf Course 5.20 4743-21-2 Sewer and Water 178.85 4746-21-2' Gasoline purchased from Cen- tral Garage during August 1976. Entry AUGUST 1976 Date of - · ' ' ' VILLAGE OF NEW HOPE .- TP,/LNSFER ENTRIES . Fund and Account Code General Detail Debit Credit s/! Oebit Credit 76-42 TO: Ice Arena 7,954.00 .3430 FROM: General Fund 7,954.00 3430 To transfer CETA monies for Ice Arena Out of GEneral Fund. '.76-43 TO: Temporary Revolving 30,000.00 3970 FROM:'lmprovement 281 30,000.00 6000-84 Repayment of Loan . 76_44 '- TO: General Fund '3,784.62 3654 FROM: Improvement 266 3,784.62 ~ 6000-52 Clerical Transfer for Improvement 266. 76_45 TO: I.B.R. 5,635.03 3850 FROM: Improvement 270 3,430.27 6000-70 To transfer cash balance to I.B.R. 76-46 TO: Improvement 273 20,000.00 3991 FROM: I.B.R. 20,000.00 4991-71 To ~ecord for sale of i. nvestments. 76-47 TO: I.B.R. 24,622.90 3850 FROM:'lmprovement 273 24,622.90 6000-70 To transfer cash balance of 273 to I.B.R. 76-48 . TO: I.B.R. 3,628.43 3850 FROM: Road and Bridge Con- struction Fund 3,628.43'~ 6000-70 To adjust State Aid trans- fer to Road and Brid~e from 71,571.33 to 67,942.90 in respect to Improvement 273.'Adjust- ' actual state aid funds received. Date of Entry SEPTEMBER 1976 VILLAGE OF NEW HOPE · · '- · TPJ~NSFER ENTRIES . General Detail Fund and Account Code Debit Credit ~/ Debi't Credit 76-49 TO: Improvement 274 1,535.24 3850 FROM: I.B.R.. 1,535.24 6000-70 To cover cash deficit Improvement 274. 76-50 . TO: Improvement 275 '45.'16 3850 FROM: I.B.R. 45.16 6000-70 To cover cash deficit in Improvement 275 .. 76-51 TO: I.B~R.. 164.40 3850 FROM: Improvement 276 164140 6000-70 To transfer cash balance in Improvement 276 to IBR 76-52 TO: General Fund 5,0'34.77 3340 FROM: Improvement 208 5,034.77 6000-70 To transfer cash balance to General Fund from sale of' lots to Allan Peterson. 76-53 TO: Temporary Revolving 16,000.00 3970 FROM: Improvement 283 16,000.00 6000-8~ · Repayment of loan. t 76-54 .TO: I.B.R. 1,248.12 3850 FROM:'lmprovement 283 1,248.12 6000-70 TO transfer cash balance in improvement 283 to'tBR 76-55 TO: Temporary Revolving 900.00 3970 , FROM:' Improvment 285 900.00. 4980-84 R~payment of Loan. 76-56 _ TO: I.B.R. 151.63 3850 FROM: Improvement 285 151.63 6000-70 To transfer ~qh h~l~n~ in Improvement 285 to I.B.R. Date of Entry SEPTEMBER 976 ¥]LLAGE OF NEN HOPE . · TRANSFER ENTRI'E$ . General ' ' Detail . Fund and Account Code Debit Credit Debit Credit 76-57 .i TO: Improvement 287 1,982.23 3951 FROM~ Road and 9ridge Constluction 1,982.23 6000=81 To cover costs fo~' improvement 287 not co~ered by State Aid. 76-58 TO: Temporary Revolving 17,100.00 3970 FROM: ·Improvement 287 17,100.00 4980=84 Repayment of Loan. 76-59 TO: Improvement 288 21,536.32 3951 FROM:Wate~'and. Sewer 21,536.32 4846-53 To transfer cost for Doroth, Mary Park sewer line out of improvement 288 76-60 TO: Temproary Revolving 22,000.00 3970 FR~: Improvement 288 22,000.00 6000-84 Repayment of Loan. TO: General Fund 974.38 3654 · FROM: Improvemen.t 289 407.80 6000-52 290 456.07 6000-52 294 110.51 6000-52 To record clerical expense as it relates to above improvements. ' · !6-62 TO: Improvement 291 23,270.05 6000-52 FROM: Improvement 289 7,565.71 6000-52 290 13,356.41 6000-52 294 2,34~.93 ~ 6000-52 To di'stribute costs, to pro- per improvement which were originally charged to im- provement 291. Date of Entry SEPTEMBER 1976 VILLAGE OF NEW HOPE .. TRANSFER ENTRIES ~ General 'Detail Fund and Account Code ·· Debit Credit ~ Debit Credit 76-63 TO: General Fund 1,957.50 ~3654 i FRO~: Improvement 297 1,957.50 6000-52 Clerical transfer for #~97 76-64 TO: Improvement 295 253.25 6000-52 ~FROM: Improvement 297 253.25 6000-52 · Transfer construction costs to improvement 297. 76-65 TO: Temporary Revolving 2~5.00 3970 FROM: Improvement 295 275..00 · 6000-84 Repayment ~f Eoan. 76-66 TO: Improvement 297 6~670.00 6000-52 . FROM; Ice Arena Constructio~ 6,670.00 6000-52 · To transfer water and sewer service cost for ice arena out of i~provement 297. 76-67 TO; I.B.R. 33.08 3850 FROM; Improvement 297 33.08 6000-70 To transfer cash balance' to I .B.R. · 76-68 TO: ' General Fund 878.40 3654 FROM:.lmprovement 300' 878.40 6000-52 Clerical transfer for I improvement 300 76-69 TO: Improvement 299 1,260.00 6000-52 FROM: Improvement 307 695.00 6000-52 310 565.00 6000-52 To'transfer 307 and 310 .. cost out.of 299. SEPTEMBER 976 Date of Entry V]LLAGE OF NEN HOPE . - ' ' -. TRgNSFER ENTRIES . General Detail Fund and Account Code Debit Credit '~ Debit t' Credit 76-70 TO: Temporary Revolving 1,300.00 3970 FROM~ Improvement 299 1,300.00 4980-84 Repayment of Loan. 76-71 TO: I~provement 299 513.62 3850 -....~ FROM Forestry 513..62 - 6000-7Q " " To cover deficit in Improve- ment 299 76-72 TO: Improvement 307 2,099.12 6000-52 FROM: Forestry 2,099.12 '~ -6000-52 To transfe¢ forest~ry costs ' out of improvement 307. ' 76-73 TO: Temporary Revolving IO0.GO 3970 FROM: Improvement 307 I00.00 6000-70 ' Repayment of loan. 76-74 TO: Improvement 307 728.25 3850 FROM: Forestry 582.66 I 6000-70 To cover cash defi.cit in improvement 307 76-75 TO: Improvement 310 582.~6 3850 FROM: Forestry 582.66 600-70 To coyer cash deficit in improvement 310 76-76 · TO: Forestry 38.30 '3053 FROM: I.B.R. 38.30 3053 To transfer tax collection on improvemen~ 299 out of .I.B.F. 76-77 ' TO: Temporary Revolving 33,100.00 3970 FROM: Improvement 296 33,100.00 Repayment of loan.' Date of Entry SEPTEMBER 1976 -' ¥ILLAGE OF NEW HOPE . · '' .'. ; IP~SFER ENTRIES . General' ' Detail Fund and Account Code ~/ 'Credi~ Debit Credit Debit TO: Temporary Revolving 5,700.00 3970 FRO~: Improvement 304 5,700.00 6000-70 Repayment of Loan. 76-79 .TO: Improvement 304 24.91 6000-52 FROM: Improvement 313 24.91 To i'ransfer cosg for Post Publishing bill for 313 ' .out of 304. . '. Date of Entry SEPTEMBER 1976 Adopted by the City Council on the 8th day of Nov.ember, 1976, .- //]/x Mayor ATTEST: ~Clerk-Treasurer A RESOLUTION OF APPRECIATION FOR THE EFFORTS OF THE BACK ACRE GARDEN CLUB WHEREAS, the Back Acres Garden Club has been active for several years in providing landscaping and site beautification programs for civic facilities within the City of New Hope, and WHEREAS, these programs have provided a great deal of civic beauty in areas such as the swimming pool, City Hall and City Parks, and WHEREAS, the Back Acres Garden Club has always been active in seek- ing out new areas to which they could add flowers and other plantings, and WHEREAS, the club has now chosen to participate in the landscaping and beautification of the historical restoration project known as the St. Jacobs Hall Restoration by providing ma- terials, womenpower and expertise to create a civic monu- ment and assist in providing a meaningful reminder of the past for the entire community, NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of New Hope, Minnesota that: I. The past efforts and work of the Back Acres Garden Club are sincerely appreciated. 2. The project undertaken to landscape the St. Jacobs Hall site is of prime importance to the community and will, when completed, add tremendously to the general civic pride and the beauty of the site. 3. The Back Acres Garden Club is to be commended for its efforts to beautify the City and to add to the civic pride by these efforts. BE IT FURTHER RESOLVED that the City Council, on behalf of the citi- zens of New Hope, do hereby declare that the entire City is sincerely appreciative of the past and present efforts of the Back Acres Garden Club in its landscape and planting projects on civic sites. Adopted this 8th Day of November, 1976. ~ G~z~ C l erk'Treasu rer ~f ~a~yor I RESOLUTION RELATING TO ADJUSTMENTS OF ACCOUNTS RECEIVABLE IN CONNECTION WITH TAX FORFEITED LAND IN BARRETT'S TERRACE. WHEREAS We have been informed by the Hennepin County Department of Finance and Records that on May 25, 1976, the State of Minnesota cancelled all special assessments outstanding against Plat 62227, Parcel 5250, Lot 5, Block 3, Barrett's Terrace, 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 ~,~(~day of ~~x~/, 1976. Mayo~/ ATTEST: - ~'i t~-~k-~Treasurer )Seal) Went Tax Delinquent 5-25-76 from 1968 ~ cil~_ 1 2 --' 3 __ 4 5 6 ' 7 8 =_ Total to---- 10 ~, Levy ~Project -- 2037 .Sanitary Sewer Main #4 ...... :20 2)1 2175 ~Sanitary Sewer Main #7 30 3 2~5~ anitary SewerMain ~3 ..... 130 4~ 176.5. I~torm Sewer ~67 ~15 3160 ~ater M~in ~l 6~ 3502 Sewer Lateral ]40A ~20 350.3 ~WateK Lateral '_]40A . .... ~__ 20 6266 Storm Sewer/Park 266-Res j 2 RESOLUTION RELATING TO ADJUSTMENTS OF · ACCOUNTS RECEIVABLE IN CONNECTION WITH TAX FORFEITEO LAND IN AUDITORS SUBDIVI- SION NO. 226. WHEREAS We have been informed by the Hennep~n County Department of Finance and Records that on May 25, 1976, the State of Minnesota cancelled all special assessment's outstanding against Plat 62224, Parcel ~5'2%, North 57 ft of South 182 feet of East 105 ft of West 132 ft of~Lot 33, Auditor's Subdivision No. 266, as set forth on the attachedlist. 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. ~ day of ~~ , 1976. ATTEST: '~' C i'~lv~ r-k ~ Ir e a s u f~r ~Seal ) Went Tax Delinquent 5-25-76, from 1968 Plat 62224, Parcel 2521, Auditor's Subdivision #226 ( N 57 ft of S 182 ft of E 105 ft of W 132 ft of Lot 33.) 5 Pennsylvania_Ave. No ~ .... 4 __ __ 6 -- 7 8- 1-otraK gt;6=~- _~o__ Ye-a~s 1977 & :ancel 1 ed Project Yrs Cost Interest From-to 1968-75 Sewer Main_~4~ 20 -- Sewer Main #7 Main #11 ~30 Sewer Lateral .#17 .20 Main ~91 _ 3843 Water ImpFovemen't-#66~l ....... 20 573'7 Village Services - 73 5675 _ Street &.Curb #285 A RESOLUTION OF APPRECIATION FOR NOLAN COLLINS WHEREAS, the City of New Hope is required by State Law to have its procedures for computer counting of elec- tion results checked by qualified, independent personnel, and WHEREAS, the City of New Hope has been most fortunate in having the volunteer services of Nolan Collins to fill this very important role, and WHEREAS, everyone connected with the election procedures has indicated that Mr. Collins has provided service far above what is required and that his opinions and assistance have been a major con- tribution to the excellent administration of elec- tions we enjoy in the City of New Hope, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF NEW HOPE that: The efforts and assistance of Mr. Nolan Collins in serving as the City's designated computer expert during the election process these past years is most appreciated and that he is to be complimented on his contribution and willingness to assist his community in this manner. Adopted this 22nd day of November, 1976. ATTEST :~ ~-~/e~k-Treasu re r · RESQLUTIONAUTHORIZI~IG WAIVER OF P~I'FING REGULATION WITHIN THE CITY OF NEW HOPE, MINNESOTA PRESENT PLAT 62205 PARCEL lOlO (FOR NORTHERN LAND AND REALTY COMPANJ 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. ..6.70, 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: (See Exhibit attached) Dated this 13th day of December , 1976 . ~+~/K- reasurer EXHIBIT PARCEL A That part of the following described parcel lying North of the South 360.57 feet as measured along the East and West lines of said parrel: That part of the Northeast Quarter of the Northwest Quarter of Section 5, Township ll8, Range 21, described as follows: Beginnina at a point in the South line of said Northeast Quarter of Nortwest Quarte~ distant 123.3 feet West from the Southeast corner thereof (said point of beginning also being the Southwest corner of Registered Land Survey No. 326); thence North along the West ~ine of said Registered Land Survey to a point in hereafter described lineA"; thence West along said Line "A" a distance of 276.5 feet to a point which is 398.6 feet West from the East line of said Northeast Quarter of Northwest Quarter; thence South to a point in the said South line of said Northeast Quarter of Nortwesg Quarter distant 277.7 feet West of the point of beginning; thence East to the point of beginning. Line "A!' is described as beginning at a point in the centerline of Osseo Road (formerly known as Jefferson Highway and now known as West Broadway) 830.53 feet Southerly measured along the centerline of said road from its intersection with the North line of said Northeast Qua'rter of Northwest Quarter; thence · East in a straight line to point "X" (Point "X" is described as commencing at a point on the North line of the Northwest Quarter of Northeast Quarter of. of said Section 5 distant 644.5 feet East from the Northwest corner of said Northwest Quarter of Northeast Quarter; thence Southwesterly deflection to the right 104 degrees 40 minutes a distance of 289.8 feet; thence deflecting to the right 0 degrees 50 minutes a distance of 254.i5 feet; thence deflecting to the left 23 degrees 15 minutes a distance of 265.8 feet to a point, which is heretofore mentioned point "~" and is the point of termination of said Line "A" PARCEL B Residue of Plat 62205, Parcel lOlO. A RESOLUTION REGARDING 1977 SALARIES AND BENEFITS WHEREAS, the 1977 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 pay 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 1977 for all non-union employees of the City. I. City contributions toward group life, hospital and health insurance shall be adjusted so that non department head level employees have an additional $8.00 per month contri- buted over that contributed on December 1, i976. Depart- ment head level employees shall have an additional $7.82 per month contributed. Said payments to begin with payments actually made in January 1977. In those cases where an em- ployee carries only life insurance, or employee only cover- age for health and hospital,the City shall pay the actual cost of such lesser coverage. 2. A sum of $42,500 is hereby appropriated for payment of wages within the part-time/volunteer fire department personnel for the period December 1, 1976 to November 30, 1977. Payments shall be made in accord with the provisions of the Decem- ber 22, 1975 salary scale resolution for part-time fire de- partment personnel. 3. The City Manager shall receive a 6% salary adjustment as of January 3, 1977. 4. The following salary schedules shall be established as of January 3, 1977 for all clerical positions in the City service. Special Assessment Clerk: S 6 Months 12 Months 24 Months 36 Months $4.50 $4.64 $4.87 $5.11 $5.36 Clerk/Secretary.: Secretary to City Manager, Park/Rec. Director, Police Chief and Chief Assistant to Gity Clerk. S 6 Months 12 Months 24 Months 36 Months $3.74 $3.85 $4.04 $ 4.24 $4.45 Account Clerk: Bookkeepers and Water/Sewer Billing Clerk S 6 Months 12 Months 24 Months 36 Months $3.74 $3.85 $4.04 $4.24 $4.45 De.partmental Clerk: Clerical Assistant in Inspection/Ice Arena/ Public Works. S 6 Months 12 Months 24 Months 36 Months $3.55 $3.66 $3.84 $4.03 $4.23 Clerk: Receptionist/Switchboard S 6 Months 12 Months 24 Months 36 Months $3.00 $3.10 $3.25 $3.41 $3,58 5. The following salary schedules shall be established as of January 3, 1977 for all full-time positions in the municipal liquor stores: Waitress: S 6 Months 12 Months 24 Months 36 Months 48 Months $3.00 $3.10 $3.28 $3.48 $3.68 $3.88 Retail Clerk: S 6 Months 12 Months 24 Months 36 Months 48 Months 60 Months 72 Months $3.95 $4.07 $4.25 $4.45 $4.65 $4.85 $5.05 $5.25 Bartenders S 6 Months 12 Months 24 Months 36 Months 48 Months 60 Months 72 Months $4.07 $4.20 $4.40 $4.60 $4.80 $5.00 $5.20 $5.40 In addition, store profits for the New Hope Center Store and the Municipal Bar shall be reviewed at the end of each quarter of the year and if profits, by store, have increased over the similar quarter of the preceeding year, wages for the full-time employees in that store shall be adjusted upward to a maximum of an addi- tional 2½% of the above base wage. The adjustment shall not ex- ceed 2½% nor more than the additional profit generated, whichever is lesser. Once an adjustment has been made it shall continue in force until the end of that quarter, at which time the profits shall again be reviewed with wages to remain the same or adjusted up or down in accord with the above policy. In the case of the Midland Store the base for review shall be sales volume with adjustments made quarterly when the monthly sales volume for the quarter past exceeds 110% of the average monthly sales for 1976. 6. All department heads, professional and technical personnel shall have their salary adjusted by 4% as of January 3, 1977. In ad- dition, these employees shall be~ with the exceptions noted below, eligible for a further adjustment of approximately 2% of the 1976 base~ by the preparation of a set of 1976 operating goals. The additional adjustment shall be effective January 3, 1977 if acceptable written objectives have been developed and continue as long as the objectives are met. Failure to meet the objec- tives will result in a reduction of some or all of the 2% ad- justment. Including the 2% extra noted above, the maximum salary for depart- ment heads in 1976 shall be: Fire Chief/Director of Protective Inspections, $20~700; Director of Park/Recreation, $21,700; Liquor Store Manager~ $16~800; City Clerk, $20,100; Public Works Director~ $19~700. The Director of Police shal have his salary adjusted by 6% at the successful completion of his 6 months probationary period. The Finance Director shall receive an adjustment as noted above on January 3~ 1977. In addition~ if his performance continues to be at the high level of the past, he shall receive a further adjustment on July It 1977 to bring his base salary up to $20,000 per year. The General Inspector shall have his salary adjusted to $10,000 per year as of January 3, 1977. The Police Inspector position shall be paid $100 per month above the level of pay for the Police Agent. 7. Part-time and t~mRoraryemployees, other than members of the Fire Department, shall be paid based on budget appropriations, pay for comparable full-time positions, and/or as required by the employee market within the regulations of the State and Federal pay law. 8. In addition to the above~ the amount of $ 3,500 shall be appropri- ated as a special salary reserve to be used by the City Manager for merit salary payments in 1977. The City Manager is hereby authorized to use the amount to adjust salaries on an individual basis for outstanding performance. The adjustments can be in the form of permanent adjustment to the base rate of the employee; an adjustment for a time certain, or one time payments. - 4- 9. In the case of new assignment of responsibilities, through the combination of positions, transfer or assumptions of new duties or similar events, adjustments of salaries are authorized sub- j~ct to the limitation of the actual budget appropriation and comparison with salaries for positions of similar responsibility in the City service. Adopted this 13th day of December, 1976. RESOLUTION REAPPROPRIATING AND ADJUSTING THE 1977 OPERATING BUDGET FOR ADJUSTMENTS IN PERSONAL SERVICES WHEREAS, the 1977 Budget was adopted with Personal Services for full-time employees based on 1976 salaries, and WHEREAS, a salary reserve was established to provide for 1977 salary and wage increases, and WHEREAS, most 1977 salaries and wages are now established, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of New Hope that the 1977 Budget be adjusted as follows: I. Increase in budgeted expenditures for personal services. a City Manager Department $ 4,332.00 b City Clerk Department 5,042.00 c Accounting Department 2,732.00 d Fire Department 2,786.00 e Street Department 670.00 f Recreation 1,739.00 g Protective Inspections 6,295.00 h Park Department 2~033.00 Total $ 25~629.00 2. Decrease in budgeted expenditures for personal services. a. Police Department $ 18,452.00 3. Decrease in budgeted expenditures for other contractual services. a. General Fund - Other Functions $ 7~177.00 Adopted this 13th day of December 1976. ATTEST: ~'~C~eFk'Treas~rer RESOLUTION APPROVING PARTICIPATING AGREEMENT FOR HENNEPIN COUNTY Project No. 7542 - Traffic Signal Installation at C.R. 70 and Boone Avenue North WHEREAS, The Agreement for Participation for Hennepin County Project No. 7542 proposing traffic signal installation on County Road 70 within the limits of the City as a County Aid Project has been prepared and presented to the City. NOW, THEREFORE, IT IS RESOLVED: That said Agreement be in all things approved. BE IT FURTHER RESOLVED, That the Mayor and the Manager are authorized to sign Agreement No. PW-35-13-76, Hennepin County Project 7542 Dated this tf* day of Z~])~ APPROVED: ~~~/' "f ATTEST: ~ ~~ C~y C1 erk 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 New Hope, Minnesota at a meeting thereof held in the City of New Hope, Minnesota on the day of as disclosed by the records of said City in my possession. C~i ty Clerk Seal: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET AND STORM SEWER IMPROVEMENT NO. 286 LA. AVE. (27TH AVE. TO 32ND AVE.) 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 $86,298 for the street construction and $18,895 for the storm sewer construction, a total of $105,193. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction of a public improvement as therein described. 3. The Clerk-Treasurer is authorized and directed to cause notice of the time, place and purpose of said meeting to be published for two successive weeks in the New Hope-Plymouth Post, being the official newspaper of the City, the first of such publications to be not less than 10 days and the second not less than 3 days prior to the date of said meeting. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED STREET AND STORM SEWER IMPROVEMENT NO. 286 LA. AVE. (27TH AVE. TO 32ND AVE.) City of New Hope, Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on the 10th day of January, 1977 at 7:00 o'clock P .M. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described herein- after. 2. The general nature of the improvement is the upgrading and con- struction of Louisiana Avenue North from 27th Avenue North to 32nd Avenue North, including grading, base, asphalt surfacing, concrete curb and gutter, and storm sewer for a 40 foot wide, 9-ton roadway, and all other appurtenant works and services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: Properties in the East 1/2 of the Southwest 1/4 of Section 20, Township 118, Range 21 West, abutting Louisiana Avenue North between 27th Avenue North (County State Aid Road No. 70), also known as Medicine Lake Road, and 32nd Avenue North. 3. The estimated cost of said improvement is $86,298 for the street construction and $18,895 for the storm sewer construction, a total of $105,193. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. Ail persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 13th day of December, 1976. Betty Pouliot City Clerk-Treasurer Published in the New Hope-Plymouth Post the 30th day of December, 1976 and the 6th day of January, 1977. Each and all of the terms and provisions as stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in ac- cordance with which said hearing shall be held. Dated this 13th day of December, 1976. /' Edged J. Erickson, Mayor / Attest:~~.~5~ ~~r~P'ouliot, Clerk-Treasurer -3- .... R£$OLDTION ADOPTING AND CONFIR~IING ASSESSMEntS FOR WATER LATERAL IMPROVEMENT NO. 300 B£ 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 WATER-LATERAL Improvement No. 300 against every ass6ssa~le l~t~ piece or parcel' Of l~hd 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 ail 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, %o 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 o~osite each lot, Diece 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 77 , to be payable with general taxes payable in 19 77 , and one of each of {he 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. $. 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 !aw. Dated the 27th day of September , 19 76 . ATTEST: Clerk-Treasurer (SEAL) ....... RESOLUTION PRESCRIBIN~ BOUNDARIES OF ELECTION PRECINCTS BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Pursuant to Section 204A.06 of Minnesota Statutes (Chapter 132 of Laws, 1976) the following election precincts are hereby established for the City of New Hope: Election Precinct No. 1 - Description of the precinct boundaries shall be: That part of the City of New Hope lying south of 36th Avenue North and west of Boone Avenue North. Election Precinct No. 2 - Description of the precinct boundaries shall be: That part of the City of New Hope lying south of 36th Avenue North and east of Boone Avenue North. Election Precinct No. 3 South - Description of the precinct boundaries 'shall be: That part of the City of New Hope lying between 42nd Avenue North, also known as CSAH #9, and 36th Avenue North and lying west of Boone Avenue North. Election Precinct No. 3 North - Description of the precinct boundaries shall be: That part of the City of New Hope lying between 42nd Avenue North, also known as CSAH #9 and the Soo Line Railroad tracks and lying west of Boone Avenue North. Election Precinct No. 4 - Description of the precinct boundaries shall be~ That part of the City of New Hope lying between the Soo Line Railroad tracks and 36th Avenue North, and lying between Boone Avenue North and Winnetka Avenue North, also known as CSAH #156. Election Precinct No. 5 - Description of the precinct boundaries ahll be: That part of the City of New Hope lying between the Soo Line Railroad tracks and 36th Avenue North and east of Winnetka Avenue North, also known as CSAH #156. Electio~ Precinct No. 6 - Description of the precinct boundaries shall be: That part of the City of New Hope lying between the Soo Line Railroad tracks and the Bass Lake Road, also known as CSAH #10. -2- Election Precinct No. 7 - Description of the precinct boundaries shall be: That part of the City of New Hope lying north of the Bass Lake Road, also known as CSAH #10, and west of Xylon Avenue North extended southerly to said Bass Lake Road; such extension of Xylon Avenue North coinciding with the chain link fence erected on the west property line of the Municipal Golf Course located at 8130 Bass Lake Road. Election Precinct No. 8 - Description of the precinct boundaries shall be: That part of the City of New Hope lying north of the Bass Lake Road, also known as CSAH #10, and lying east of Xylon Avenue North extended southerly to said Bass Lake Road; such extension of Xylon Avenue North coinciding with the chain link fence erected on the west property line of the Municipal Golf Course located at 8130 Bass Lake Road. 2. The City Clerk-Treasurer shall file a map setting forth the revised precinct boundaries and shall file copies of the precinct boundaries map with the Secretary of State and the State Demographer in the State Planning Agency, as required by law. Adopted by the City Council of the City of New Hope this 13th day of December, 1976. / ~ Mayo r Attest: ~~-~'~ u r e r A RESOLUTION ADOPTING 1977 SALARY SCALES FOR FIRE DEPARTMENT PERSONNEL WHEREAS, the 1977 City Operating Budget as adopted included a salary appropriation for adjustment of salary for the City of New Hope's part -time fire department personnel, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope that the following salary plan be adopted for the part-time fire department: I. The total of $42,500 is hereby appropriated for pay- ment of wages to part-time fire department personnel for the period December I, 1976 through November 30, 1977. Total payments shall not exceed this amount. 2. Regular positions shall be paid the following rates for their work not associated with alarm or drill pay: Asst. Chief $t85.00/month Engineer I1 4.50/hour Engineer I 4.50/hour Custodian 4.50/hour 3. Alarm and training wages shall be paid to all part- time personnel based on~ a) Standby wages shall be $10.00 per shift per person on standby shifts at the station. b) Training drills shall be reimbursed at the rate of $1.00 per hour to members required to attend. c) Payment for responding to calls shall be made at the rates shown below. The basic payment shall be for the first two hours of each alarm. Any hour or part of an hour over the initial two hours shall be reimbursed to per- sonnel on duty at the rate of $4.00 per hour or portion of hour. Line Officers $7.75 per first two hours of duty.* Staff Officers $7.75 per first two hours of duty.* F.M.O.'s $6.75 per first two hours of duty.* Firefighters $5.75 per first two hours of duty.* Probationary F/F $3.00 per first two hours of duty.* *In the case of additional alarms received while on duty, members will be paid for a new alarm call only when the Fire Department has, as certified by the officer in charge, cleared the scene of the original alarm. 3. d) Wages fom the first six months as defined in Section 4 below, are to be paid at the ratio shown. Wages for the second six month period shall be adjusted to coincide with the balance of the dollar amount shown in Section I above. 4. Wages for alarms and training shall be paid on a semi-annual basis: December I, 1976 through May 31~ 1977 and June I, 1977 through November 30~ 1977. 5. If a member resigns or terminates his membership in the department at any time during the year~ he will be paid 75% of wages earned to date of termination. The remaining portion shall be paid after November 30th, and shall be adjusted as in Section 3D above. Adopted this 27th day of December, 1976. j~' Edw~J. Erickson, Mayor ATTEST: ~e~t~ Po'u'l iot', Clerk-Treasurer RESOLUTION ADJUSTING 1976 BUDGET FOR EMPLOYEES WORK NG UNDER THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT WHEREAS, the 1976 Budget was approved without considering salaries and fringe benefits to be pa d to employees hired under the Comprehensive Employment and Training Act, and WHEREAS, salaries and fringe benefits for Comprehensive Employment and Training Act employees have been charged directly to the fund and department in which the employee worked, and WHEREAS, these charges have caused some department to show a deficit balance in personal services, and WHEREAS, grant funds to fund the salaries and fringe benefits of employees working under the Comprehensive Employment and Training Act were not included in the 1976 Budget, NOW~ THEREFORE, BE IT RESOLVED that the 1976 General Fund Budget be adjusted as follows: I. Increase in Budgeted Revenue Account 3430 Grants $43,204.00 2. Increase in Budgeted Expenditures for Personal Services. ~e. partment Account No. Amount Manager 4020-10 $10,412.00 4020-14 1,182.00 4020-15 591.00 Protective Inspections 4130- 0 3,784.00 4130- 4 430.00 4130- 5 86.00 Street Department 4220- 0 4,487.00 4220- 4 509.00 4220- 5 138.00 Park Department 4742- 0 8~728.00 4742- 4 537.00 4742- 5 138.00 Recreation Department 474t- 0 3,925.00 4741- 4 445.00 4741- 5 69.00 Other Functions 4970- 0 6,423.00 4970- 4 729.00 4970- 5 591.00 Total $~43~204.00 Adopted this 27th day of December, 1976. ~ · ~Clerk-Treasurer JOINT RESOLUTION ESTABLISHING THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL City of New Hope, Minnesota WHEREAS, the parties to this joint resolution recognize the need for criminal justice system planning and coordination on a countywide basis; and, WHEREAS, it is the sense of the parties hereto that the effectives ness of such planning and coordination on a countywide basis would best be served by the establishment of a criminal justice coordinating council consisting of representatives of the parties hereto for the purpose of coordinating activities which will improve and strengthen law enforcement and criminal justice, encouraging research and development activities directed toward the improvement of law enforcement and criminal justice and assisting in the development of new methods for the prevention and reduction of crime and juvenile delinquency; and, WHEREAS, the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90-351), and acts amendatory thereto, encourages and provides for the establishment of criminal justice coordinating councils in major urban areas to assure improved planning for and coordination of criminal justice agencies and activities within those jurisdictions; NOW, THEREFORE, BE IT RESOLVED that the Hennepin County Criminal Justice Coordinating Council be established in accordance with the pro- visions as set forth in the accompanying operational bylaws and pursuant to the provisions of the Omnibus Crime Control and Safe Streets Act of 1968, and acts amendatory thereto: BE IT FURTHER RESOLVED that the City of New Hope agrees to participate as a member of the Hennepin County Criminal Justice Coordinating Council. Adopted by the New Hope City Council on this 27th day of December, 1976. ATTEST:~~~---7--'-~~~-~7S,~-~ / Edward~i Erickson, Mayor B~yNP~B6uliot, City Clerk-Treasurer OPERATIONAL BYLAWS: HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL ARTICLE I. ESTABLISHMENT The Hennepin County Criminal Justice Coordinating Council (HCCJCC) is established pursuant to a joint resolution passed by Hennepin County, the city of Minneapolis and any number of suburban municipalities within Hennepin County which, together with the city of Minneapolis, contain at least 50 percent of the total population of Hennepin County. ARTICLE II. GENERAL PURPOSE The HCCJCC is established as a forum through which local units of government in Hennepin County may, by association, consultation and study, cooperatively promote improvements in the criminal justice system which transcend departments, agencies and the geographical boundaries of the individual communities. ARTICLE III. DEFINITION OF TERMS Section 1. For purposes of these bylaws, the terms defined in this article shall have the meanings given them. Section 2. "Local unit of government" shall mean any local governmental unit from within Hennepin County which is a party to the jdint resolution, but shall not include a public authority, a school district, an improve- ment district or other special district. Section 3. "Member" means a local governmental unit which executes a joint resolution declaring its intent to participate. Section 4. "Representative".means an individual serving on the Hen- nepin County Criminal Justice Coordinating Council on behalf of eligible member units which enter into the joint resolution. "Representative" also means an individual serving on behalf of any private sector agency, organization and/or association related to or sharing in the responsibility for the provision of criminal justice services in Hennepin County, as well as any special departments or offices as designated in these bylaws. Section 5. "Hennepin County Criminal Justice Coordinating Council", which organization is hereafter referred to as HCCJCC, means the organi- zation created pursuant to the joint resolution of p'articipation. Section 6. "Council" means the collective member representatives Who shall serve as the governing body of the HCCJCC. IV. MEMBERSHIP Section 1. Any local uni't of government in Hennepin County is elig- ible for membership in and representation on the HCCJCC. Also, as provided in these bylaws, private sector agencies and/or associations related to or sharing in the responsibility for the provision of criminal justice services in Hennepin County, as well as any specially designated depart- ments or offices, are eligible for representation on the HCCJCC. Section 2. Any local unit of government desiring to become a member of the HCCJCC may do so by the duly authorized execution of a copy of the joint resolution by its proper officers. Thereupon, the clerk or other corresponding officer of the Uovernmental unit shall file an exe- cuted copy of the joint resolution with the Hennepin County Administrator. Section 3. Any suburban local unit of government desiring to become a member of the HCCJCC shall execute a joint resolution of participation and those same units of government which execute such resolutions shall jointly have the following representation on the HCCJCC: -- four individuals, either mayors or members of sub- urban city_coUncils, elected, through mailed nomi- nations and ballots, by the mayors and council mem- bers of participating suburban local units of gov- ernment; -- two suburban city managers/administrators selected by the Hennepin County members of the Metropolitan Area Managers Association; and -- two suburban police chiefs/public safety directors selected by the Hennepin County members of the ..................... Hennepin County Chiefs of Police Association. Section 4. Upon execution of a joint resolution of participation, the city of Minneapolis shall have the following'representation on the HCCJCC: -- the Mayor of the city of Minneapolis or his designee; -- the Minneapolis City Coordinator or his designee; -- the President or another member of the Minneapolis City Council; -- the Chief of the Minneapolis Police Department or his designee; -- the Minneapolis City Attorney or his designee; and -- a community representative selected by the Minneapolis City Council. Section 5. Upon execution of a joint resolution of participation, the county of Hennepin shall have the following representation on'the HCCJCC: -4- -- the Chairman or another member of the Hennepin 'County Board of Commissioners; -- the Hennepin County Administrator or his designee; -- the Hennepin County Attorney or his designee;. -- the Chief Judge of the Hennepin County District Court or his designee; ,- the Chief Judge of the Hennepin County Municipal Court or his designee; -- the Hennepin County Public Defender or his designee; -- the Hennepin County Sheriff or his designee; and -- the Director of the Hennepin County Department of Court Services or his designee. Section 6. In February of 1977 and each odd numbered year thereafter, the HCCJCC shall select four private sector agencies, organizations and/or assoc'iations for representation on the Council. Such agencies, organiza- tions and/or associations must have a direct relationship to the provi- sion of criminal justice services in Hennepin County. When selected, these private sector'agencies, organizations and/or associations will be notified by the officers of the HCCJCC of their-eli- gibility for representation and requested to nominate representatives. Upon notification, they shall specify their nomination for representation on the. HCCJCC and, when accepted by the Council, shall be ~ntitled to full voting privileges. Section 7. The HCCJCC is duly established when the joint resolution has been executed by the county of Hennepin, the city of Minneapolis and any number of municipalities in the county which, together with the city - 5 - of Minneapolis, contain at least one half of the population of the county and when executed copies from such governmental units have been filed as set out herein. Section 8. The initial members shall be those local units of gov- ernment which execute a joint resolution of participation on or before February 1, 1977. Governmental units wishing to join the HCCJCC after February 1, 1977, may do so only upon the execution and filing of a joint resolution of participation as set out herein. ARTICLE V. GOVERNING BODY Section 1. The governing body of the HCCJCC shall be the Council. Each representative on the Council shall be entitled to one vote. Section 2. During the conduct of normal Council business or actiw ities, representatives shall serve without compensation from the HCCJCC; but this shall not prevent a representative from receiving compensation for such expenses as are incurred from his appointing authority. Section 3. A majority of the representatives shall constitute a quorum of the Council. Section 4. There shall be no voting by proxy, but each representative will be entitled to designate one alternate who shall be entitled to at- tend meetings 'from time to time, but may not vote in the absence of the designated representative. Section 5. Representatives shall serve at the pleasure of the ap- pointing authority. -6- Section 6. Three consecutive absences without good cause shall be sufficient reason for the Council to find a vacancy exists in the term of the representative involved. The Council shall first notify the representative of his pending termation and, if necessary; the appoint- ing authority for the purpose of requesting the appointment of a new representative. Section 7. Vacancies on the Council shall occur when the represen- tative ceases to hold the position which entitled him/her to representation or for other reasons which shall prohibit the representative from attend- ing duly called meetings of the Council. In the event such a vacancy occurs, the appointing authority shall be notified and the Council shall request the appointment of a new representative. ARTICLE VI. MEETINGS AND OFFICERS Section 1. Within thirt~ {30} days after the filing of the required number of joint resolutions of participation as set out herein, the first meeting of the HCCJCC shall be called and shall be held not later than fifteen (15} days thereafter. Section 2. At the first meeting of the Council and in February of each odd numbered year after 1977, the Council shall elect fPom its memL bership two co-chairmen and a vice-chairman. The officers shall be elected officials from Hennepin County, the city of Minneapolis and a participating suburban local unit of government. Section 3. The Council shall mhave an Executive Committee consisting of the Council officers and two other representatives elected by the '- ¢. 77 X -7- Council for a term of two years. The Council may delegate authority to the Executive Committee to meet on its behalf between Council meetings. Such delegation of authority shall be by resolution of the Council and .may be conditioned in such manner as the Council may deem. Section 4. The Executive Committee shall have the authority to: a. Develop administrative policies and procedures for recommenda- tion to the Council. b. Develop revisions to these bylaws and policy statements for recommendation to the Council. c. Act as required on those matters which, because of time, must be decided upon between Council meetings. Prior notice will be provided to all Council members advising them of the subject on which such action is contemplated. d. Report actions to the Council as soon as possible, but in no event later than the first Council meeting subsequent {o the Executive Committee meeting. e. Council representatives shall be advised of the date, time and location of all Executive Committee meetings. Section 5. Regular public meetings of the Council shall be held at least quarterly. Section 6. Special meetings of the Council may be called (a) by the Co-chairmen, (b) by the Executive Committee or (c) upon the written request of a majority of the representatives. Five days written notice of special meetings shall be given to the representatives and such notice shall in- clude the agenda for the special meeting. Section 7. Notice of regular meetings of the Council shall be given to the representatives at lea'st ten. (10) days in advance and the agenda for such meetings shall accompany the notice; however, business at regular meetings of the Council need not be limited to matters set' forth in the agenda. Section 8. Complete and accurate minutes of each meeting of this Council shall be maintained and copies of said minutes shall be transmitted to the legal address of each Council representative prior to the next meeting of the Council. 'Upon approval and adoption of these minutes, a copy of same shall be transmitted within ten (10) days to all members and other official bodies as appropriate. Section 9. Robert's Rules of Order Newly Revised shall govern the proceedings at meetings of this Council in all matters not otherwise gov- erned by these bylaws. ARTICLE VII. POWERS AND DUTIES Section 1. The powers and duties of the Council shall include the powers set forth in this article. Section 2. The Council may appoint such subcommittees, committees and task forces as it deems necessary~ Membership on committees and task forces may be drawn from Council members and represehtatives as well as from other public and private sector agencies, organizations and associ- ations. Section 3. When 'requested by the Council, and authorized by the Hen- nepin County Board of Commissioners, the Council may apply for donations, -9- gifts or grants of money or other property from the state or federal gov- ernment or any other governmental units, or individuals, foundations or other organizations, to perform other work or activities deemed to be consistent with the scope of these bylaws. The Council may accept such -aid through or with the authOrization of the Hennepin County Board of Commissioners as expressed by their resolution. Section 4. The Council may study, or cause to be studied, problems or subjects relating to the provision of criminal justice services within Hennepin County. Section 5. The Council may advise and aid in the establishment of coordinated and cooperative criminal justice services and programs within Hennepin County. Section 6. The Council may render advice and technical assistance upon request to governmental units and agencies in Hennepin County, es- pecially in areas of an interagency or intergovernmental nature. Section 7. The Council may develop and make recommendations to local units of government and criminal justice agencies for the purposes of improving the quality and delivery of criminal justice services in Hen- nepin County. Section 8. The Council may analyze and cause to be published vari- ous statistical studies and other reports on matters related to the crimi- nal justice system in Hennepin County. Section 9. The Council shall function as the Law Enforcement Assis- tance Administration (LEAA) criminal justice coordinating council for units of governmeQt within Hennepin County and shall carry out those duties and responsibilities as provided for iR the Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90-351}, and acts amendatory thereto, in cooperation with the Governor's Commission on Crime Prevention and Control. Section 10. No action of the Council shall bind o~ alter the power and authority of any local unit of government or agency in Hennepin County. Further, nothing contained herein is intended or Should be construed in any manner as creating or establishing the relationship of partners between the participating units of government or as constituting the HCCJCC as ........ the agent or representative of any participating units of government for any'purpose, except when specifically requested to function as such for those purposes as pro¥~ded herein. The participating local uhits of gov- ernment are to be and shall remain independent units of government with respect to all services performed under the authorizing joint resolution and these bylaws. ARTICLE VIII. STAFF AND SUPPORTIVE SERVICES Section 1. Staffing and supportive services for normal Council busi- ness and activities will be provided by .Hennepin County and, accordingly' Hennepin County shall be responsible for the selection, employm6nt, super- vision and dismissal of all employees serving the Council. Hennepin County will consult with the HCCJCC Executive Committee on matters 'rela-. ting to the selection and retention of the staff Supervisor~ Section 2. To assist in providing this service, Hennepin County will apply for, accept and function as auditor and controller of funding made avialable under the Omnibus Crime Control and Safe Streets Act of 1968, and any acts amendatory thereto, from the Minnesota Governor's Commission on Crime Prevention and Control and any other appropriate private or pub- lic, local, state or federal sources. Hennepin County sha)l provide the share of matching funds necessary to qualify for such planning grant ap- plications except for those grants wherein matching funds are required' for special projects which benefit or are unique to one or more partici- pating members, but not all participating members, in which instances local match requirements shall be the responsibility of the benefited members. Section 3. The responsibilities of the staff to the Council shall be those activities necessary'to assist the Council in fulfilling the powers and duties outlined in these bylaws, primarily those duties and responsibilities associated with the conduct of LEAA programs within Hen- nepin County. Section 4. As provided in Section 2 of this Article and Article VII, Section 3, of these bylaws, the Council may retain special staff and sup- portive services to perform other work and activities deemed to be con- sistent with these bylaws. ARTICLE IX. WITHDRAWAL, DISSOLUTION AND DURATION Section 1. Any member may, at any time, by resolution of its govern- ing body, give written notice of withdrawal from the HCCJCC. Actual withdrawal shall, not take effect for a period of thirty .(30) days from the date that the written notice of withdrawal has been received by the HCCJCC. 'Section 2. The Council shall be dissolved {a).whenever a sufficient number of members, exceptingmHennepin County, withdraw from the Council to reduce the total number of members to a level wherein the remaining members do not represent at least one half of the county population; (b} by two-thirds vote of all the representatives on the Council; or {c} by resolution of the Hennepin County Board of Commissioners. If dissolution occurs per the provisions of this section, the Council must notify its current members of its intent to dissolve and also must continue to pro- vide services to its members for at least sixty (60) days from said notice of intent to dissolve.- Sectioh 3. In the event, of dissolution of the HCCJCC, any property acquired as the result of the activities of the Council and many surplus monies shall be returned consistent with the provisions of federal and state laws in proportion to the contributions of the parties executing joint resolutions after the purposes of the resolution have been completed. Section 4. The joint resolution authorizing the establishment of the HCCJCC shall continue in effect initially for one year and shall be conclusively deemed to have been renewed by the participants each year thereafter 'until terminated in accordance with the terms of these bylaws. ARTICLE X.' AMENDMENTS Amendments to these bylaws may be proposed by any member, member representative or specially selected representative. Such proposed amendment shall be submitted in writing to every member and representative at least thirty (30) days prior to the time it appears on the agenda of a Council meeting. Proposed amendments must be approved at the Council meet- ing by the number of votes equal to a two-thirds majority if the number of voting representatives. Before any amendment so approved by the coun- cil representatives shall be in force and effect, it shall be subject to the approval of a two-thirds majority of the members, including the county of Hennepin and the ~ity of Minneapolis.