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1973 RESI RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE VILLAGE OF NEW HOPE, MINNESOTA PRESENT PLAT 62469 PARCELS 6150 AND 6300 (FOR VERN DONNAY-=Y, INC. ) BE IT RESOLVED by the Tillage Council of the Village of New Hope: I. 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 Secion 4.581 of the New Hope Village 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 Village 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 Village 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 Village of New Hope does hereby waive such compliance, and authorize the filing and record- ing 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: 1. Lot 15, Block 3, West Oak Terrace, except that part of said Lot 15, lying South- easterly of a line drawn from the N.W. corner of Lot 16, said Block 3 to a point on the Southwesterly line of said Lot 15, distant 30.0 feet, Northwesterly of the Southeasterly corner of said Lot 15 - all in Hennepin County, Minnesota. 2. Lot 16, Block 3 and That Part of Lot 15, Block 3 lying Southeasterly of a Line drawn from the N. W. Corner of said Lot 16 to a point on the Southwesterly line of said Lot 15 Distant 30.0 feet Northwesterly of the Southeasterly corner thereof - all in West Oak Terrace, Hennepin County, Minnesota. Dated this 8th day of January, , 197 3 . Attest: Mayor k -Treasurer 0 RESOLUTION DESIGNATING OFFICIAL NEWSPAPER FOR THE VILLAGE OF NEW HOPE BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: The New Hope -Plymouth Post is hereby designated as the Official Newspaper for the Village of New Hope for the year 1973. C �G '4 Edward Er c son Mayor Attest: ouIiot Vill ge Clerk --Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. VILLAGE OF NEW HOPE) I, the undersigned, being the duly qualified and acting Village Clerk -Treasurer of the Village 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 Village of New Hope at its meeting on January 8, 1973, 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. (SEAL) Betty Pduliot Village Clerk -Treasurer J CORPORATE AUTHORIZATION RESOLUTION DESIGNATING FIRST ROBBINSDALE STATE BANK DEPOSITORY FOR FUNDS OF THE VILLAGE BE IT RESOLVED, that the First Robbinsdale State Bank is hereby designated as the depository for funds of the Village of New Hope and any of the below listed officers of this municipal corporation are authorized in the name and on behalf of the Village 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 signa- tures of the officers or other persons hereinafter named, and that any officer of this municipal corporation or any other person hereinafter named is hereby authorized, for and on be- half of this corporation or otherwise, to endorse or cause to be endorsed, to negotiate or cause to be negotiated, or to deposit or cause to be deposited in such account or accounts any money, checks, drafts, orders, notes or other instruments payable to or held by this corporation; and BE IT RESOLVED, that checks, drafts or other withdrawal orders on funds deposited in such account or accounts may be signed by any three of the following: Edward Erickson, Mayor or Merle Johnson, Acting Mayor plus Betty Pouliot, Clerk - Treasurer and Larry Watts, Acting Village Manager, and said bank is hereby fully authorized to pay and charge to such account or accounts any checks, drafts or other withdrawal orders so signed, whether or not payable to the individual order of any of the foregoing officers or persons or deposit- ed or otherwise applied to his individual account or benefit, and BE IT FURTHER RESOLVED, that said bank shall be entitled to rely upon a certified copy of this resolution until written notice of modification or rescission has been furnished to and received by said bank. Adopted by the Village Council this 8th day of January, 1973. Edward J. Erickson Attest: leu Mayor -,- Pouliot Village Clerk -Treasurer N CORPORATE AUTHORIZATION RESOLUTION DESIGNATING CRYSTAL STATE BANK AS DEPOSITORY FOR PAYROLL ACCOUNT BE IT RESOLVED, that the Crystal State Bank is hereby designated as the depository for the Village Payroll Account, and any of the below listed officers of this municipal corpora- tion are authorized in the name and on behalf of the Village 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 signa- tures of the officers or other persons hereinafter named, and that any officer of this municipal corporation or any other persons hereinafter named is hereby authorized, for and on behalf of this corporation or otherwise, to endorse or cause to be endorsed, to negotiate or cause to be negotiated, or to deposit or cause to be deposited in such account or accounts any money, checks, drafts, orders, notes or other instruments payable to or held by this corporation; and BE IT RESOLVED, that checks, drafts or other withdrawal orders on funds deposited in such account or accounts may be signed by any three of the following: Edward J. Erickson, Mayor or Merle L. Johnson, Acting Mayor plus Betty Pouliot, Clerk -Treasurer and Larry E. Watts, Acting Village Manager, and said bank is hereby fully authorized to pay and charge to such account or accounts any checks, drafts or other with- drawal orders so signed, whether or not payable to the individual order of any of the foregoing officers or persons or deposited or otherwise applied to his individual account or benefit, and BE IT FURTHER RESOLVED, that said bank shall be entitled to rely upon a certified copy of this resolution until written notice of modification or rescission has been furnished to and received by said bank. Adopted by the Village Council this 8th day of January, 1973. i Edward ri ckson Mayo w' 4eAttest: uliot Villa e Clerk -Treasurer N RESOLUTION DESIGNATING REPRESENTATIVE TO METROPOLITAN SECTION OF THE LEAGUE OF MINNESOTA MUNICIPALITIES WHEREAS, the Village of New Hope has resolved to join the Metropolitan Section of the League of Minnesota Municipalities and will participate in its activities. NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of New Hope, Minnesota, as follows: That the Village of New Hope, Minnesota, hereby designates Councilman Enck as its representative to the Metropolitan Section of the League of Minnesota Municipalities for the period of 1973 or until a successor is appointed, and That the Village of New Hope, Minnesota, hereby designates Councilman Plufka as its alternate representa- tive to the Metropolitan Section of the League of Minnesota Municipalities for the period of 1973 or until a successor is appointed. Adopted by the Village Council of New Hope this 8th day of January, 1973. Edward J Erickson Mayor ATTEST: �t���^tom ouIiot Village Clerk -Treasurer A RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE HENNEPIN COUNTY LEAGUE OF MUNICIPALITIES WHEREAS, the Village of New Hope is a member in good standing of the Hennepin County League of Municipalities, and WHEREAS, the Village of New Hope desires to continue its participation in the Hennepin County League of Municipalities, NOW, THEREFORE, BE IT RESOLVED: That the Village of New Hope hereby designates Mayor Erickson as its representative to the Hennepin County League of Municipalities for the period of 1973 or until a successor is appointed. BE IT FURTHER RESOLVED, that the Village of New Hope hereby designates Councilman Johnson as its alternate representative to the Hennepin County League of Municipalities to serve during the absence or disability of the above named representative. Passed by the Village Council of New Hope this 8th day of January, 1973. Edwardes rickson Mayor ATTEST ouliot, Vi I la Clerk -Treasurer (SEAL) RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: Councilman Hokr is hereby designated as a director of the Suburban Rate Authority and Milton C. Honsey is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1973 and until their successors are appointed. ATTEST: xz]_'�Z2+ e ouIlot, Vi I lage Clerk -Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. VILLAGE OF NEW HOPE ) / Edward J, rickson, Mayor I, the undersigned, being the duly qualified and acting Clerk of the Village of New Hope hereby certify that the attached and foregoing is a true and correct copy of a resolution duly adopted by the Village Council of New Hope, Minnesota, at its meeting on January 8th, 1972, as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in my office. Dated this 8th day of January, 1973. uIiot, Villa e Clerk -Treasurer (SEAL) RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN SANITARY DISPOSAL AUTHORITY BE IT RESOLVED BY the Village Council of the Village 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 1973 and until their successors are appointed. i Edward /Erickson Mayor ATTEST: et _ i of Village Clerk -Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. VILLAGE OF NEW HOPE ) I, the undersigned, being the duly qualified and acting Clerk -Treasurer of the Village 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 Village of New Hope at its meeting on January 8th, 1972, 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 8th day of January, 1973. 7 � Betty ouliot Villa e Clerk -Treasurer (SEAL) RESOLUTION DESIGNATING OFFICIAL COUNCIL REPRESENTATIVE 011 THE VILLAGE CIVIL DEFENSE BOARD BE .IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: Councilman Johnson is hereby designated as the Council Representative on the Village of New Hope Civil Defense Board for the year 1973. Edward. Erickson Mayor ATTEST: ouliot I Vilage Clerk -Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. VILLAGE OF NEW HOPE ) I'the undersigned, being the duly qualified and acting Clerk -Treasurer of the Village 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 Village of New Hope at its meeting on January 8, 1973, as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in my office. Dated this 8th day of January, 1973. ;e4o liot Village Clerk -Treasurer 10 RESOLUTION APPOINTING VILLAGE POUND AND POUNDKEEPER BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota: I. Pursuant to the terms of Ordinance No. 72-9, passed by this Council on the 24th day of April, 1972, Good Shepherd Pet Hospital is hereby appointed the Village Poundkeeper for the year 1973 and until further action by this Council, and the animal pound maintained by the said Good Shepherd Pet Hospital in Hennepin County, Minnesota, is designated as the Village Pound for 1973 and/or until further action by this Council. Adopted by the Council on this 8th day of January, 1973. Edward Erickson Mayor ATTEST: /' a��u I i of Village Clerk -Treasurer Ij RESOLUTION APPOINTING VILLAGE ENGINEER FOR WATER AND SEWER PROJECTS BE IT RESOLVED, that the firm of Orr-Schelen-Mayeron is hereby designated to serve as the Village Engineers for Water and Sanitary Sewer projects for the Village of New Hope, Minnesota, for the year 1973 and That said firm shall be reimbursed for services rendered in accord with the fee schedule adopted in agreement for Engineer- ing Services on January 10, 1968. l/ ATTEST: 5etct*_<o6 r i of Vi I Iage Clerk -Treasurer Edward E ickson Mayor 12 RESOLUTION APPOINTING VILLAGE ATTORNEY BE IT RESOLVED, that the firm of Corrick, Gurovitsch and Wood, P, A. is hereby des.tgnated to serve as the legal consultant for the Village of New Hope, Minnesota, during the year 1973, and That said Village Attorney shall be reimbursed for services rendered in accord with the mimimum fee schedule of the Hennepin County Bar Association. Adopted by the Council this 8th day of January, 1973, Edwa rd� J , r i ckson Mayor Attes . P ulrot Villa e Clerk—Treasurer 6 13 RESOLUTION APPOINTING VILLAGE ENGINEER FOR STREET, STORM SEWER AND GENERAL WORK BE IT RESOLVED, that the firm of Bonestroo, Rosene, Anderlik & Associates, Inc. is hereby designated to serve as the Village Engineer for streets, storm sewers and general work for the Village of New Hope, Minnesota, during the year 1973, and That said contract entitled "A Standard Form of Agreement Between Owner and Engineer" submitted to formalize this designation heretofore accepted on January 11, 1971 is to continue for the year 1973. Adopted by the Village Council on this 8th day of January, 1973. Attest: oul2—iot Village Clerk -Treasurer Edward sl! Erickson Mayor RESOLUTION DESIGNATING WELFARE OFFICIAL FOR THE VILLAGE OF NEW HOPE BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: Councilman Johnson is hereby designated to serve as the Village representative on the North Hennepin Welfare Department Board for the year 1973. Edward, .Erickson Mayor` ATTEST: B y P uliot Vi I Iage Clerk -Treasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. VILLAGE OF NEW HOPE ) I, the undersigned, being the duly qualified and acting Clerk -Treasurer of the Village 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 Village of New Hope at its meeting on January 8, 1973, 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. %f Utz etty Pouliot Villa e Clerk -Treasurer if RESOLUTION RELATING TO THE CONSTRUCTION OF AN ICE ARENA FOR THE BENEFIT OF THE RESIDENTS OF THE VILLAGE OF NEW HOPE WHEREAS, the Village of New Hope has a parcel of land containing approximately six acres that would be suitable for the construction of an ice arena for the benefit of the residents of the Village of New Hope. WHEREAS, Recreation Systems, Inc. has proposed a form of financing for the ice arena, which is more fully described in the draft letter attached hereto. WHEREAS, Recreation Systems, Inc. is willing to begin necessary work if it can be assured of the good faith of the Village of New Hope and has requested that an agree- ment in the form of the attached letter be entered into. NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of New Hope, that the appropriate officials of the Village of New Hope are authorized and directed to execute and deliver a letter agreement in sub- stantially the form attached hereto to Recreation Systems, Inc. and the appropriate officials are directed to co- operate fully with Recreation Systems, Inc. in carrying out the duties of the Village of New Hope under said agree- ment. Adopted by the Village Council this 8th day of January, 1973. Edward J.'Erickson Mayor Attest: Be ouliot Vill age Clerk -Treasurer M 'V V VILLAGE ..NEW HOPE 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533.1521 January 8, 1973 Recreation Systems, Inc. c/o Thomas L. Warner Warner Holding Company 6701 Penn Avenue South Richfield, Minnesota 55423 Gentlemen: Re: New Hope Ice Arena The purpose of this letter is to set forth our understanding with you regarding the construction of an ice arena on land presently owned by the Village of New Hope for the use and benefit of the residents of New Hope and others. It is proposed that a new nonprofit corporation will be incorporated and will act in behalf of the Village of New Hope. Such corporation will purchase or lease the site of the ice arena from the Village of New Hope. Such corporation will issue its bonds for the purpose of construction, cause the construction of the ice arena and donate the ice arena to the Village of New Hope., It is intended that you will operate the ice arena and that the proceeds of operation will be sufficient to pay principal and interest on the bonds. When the bonds have been retired, title to the ice arena will vest absolutely in the Village of New Hope. The feasibi.lity of the plan has not been determined, nor have the de- tails of construction and financing been formulated. You have indicat- ed your willingness to undertake this task, but this work will require time and out--of-pocket costs (such as legal fees and the cost of preparation of plans and specifications). Since it is anticipated that these items will be reimbursed out of bond proceeds, you would be willing to proceed if you can have some assurance of reimbursement if the plan is not consummated. You recognize that there are numerous contingencies that could cause the project to fail, including the refusal of the Village of New Hope to participate further in the plan. You have indicated you will take these risks, except that you wish to be compensated for your time and expenses in the event the plan cannot proceed because the Village of New Hope unreasonably fails to cooperate with you in this endeavor. Based upon these premises, we mutually agree as follows: You will proceed forthwith to determine the feasibility of and plans for a new ice arena on the basis outlined above at your own cost. Certain enabling resolutions will be required, including authorization to sell or lease the subject land. Such resolutions will be drafted by bond Family Styled Village For Family Living v v VILLAGE ol: NEW HOPE 4401 Xylon Avenue North Recreation Systems, Inc. January 8, 1973 Page 2 New Hope, Minnesota 55428 Phone: 533-1521 counsel, and it will be necessary to obtain a ruling from the Internal Revenue Service that interest on the bonds used to finance the project will be tax exempt. The Village of New Hope agrees to reimburse you your actual out-of-pocket costs and the reasonable value of the time of your officers if the plan is not consummated because: (i) failure to adopt enabling resolutions proposed by bond counsel; (ii) a determination not to carry through with the project or not to finance it as proposed above with you as operator; or (iii) failure to sell or lease the land to the new corporation on a reasonable basis. It is agreed that the Village of New Hope's liability hereunder will not exceed $ and that it will have no liability other than with respect to the aforementioned circumstances. If the foregoing adequately reflects our agreement, please execute this letter below. a Sincerely, Larry E. Watts Acting Village Manager LEW :pk cc: File y Fancily Styled Village `�'"��/�T � For Family Living b RESOLUTION RESOLUTION DETERMINING TOTAL AMOUNTS THAT WOULD HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS OF TAX FORFEITED LANDS IF SUCH PROPERTIES HAD BEEN SUBJECT TO ASSESSMENT AT THE TIME OF DETERMINATION BY THE VILLAGE COUNCIL OF THE VILLAGE OF NEW HOPE OF THE AMOUNTS TO BE ASSESSED IN THE MATTER OF THE IMPROVEMENTS NAMED IN THE FOLLOWING SCHEDULE; AND DIRECTING THE VILLAGE CLERK TO PREPARE AN ABSTRACT SHOWING THE DESCRIPTION OF EACH PARCEL OF LAND FORFEITED TO THE STATE FOR NON-PAYMENT OF TAXES AND THE TOTAL AMOUNT THAT WOULD HAVE BEEN ASSESSED AGAINST EACH PARCEL IF IT HAD BEEN SUBJECT TO ASSESSMENT; AND DIRECTING SAID VILLAGE CLERK TO CERTIFY THE SAME TO THE COUNTY AUDITOR PURSUANT TO THE PROVISIONS OF CHAPTER 394, MINNESOTA LAWS OF 1941. WHEREAS, at the time of the determination of the Village Council of the Village of New Hope of the total amounts of money to be assessed in the pro- ceedings of the improvements listed below, certain parcels of land had been forfeited to the State and were, therefore, not subject to assessment: NOW, THEREFORE, Pursuant to Chapter 394, Laws of Minnesota, 1941, the Village Council does hereby determine that each of the parcels of land hereinafter described would have been assessed the amounts set opposite each such described parcel, if such parcel had not been tax -forfeited land and therefore not subject to assessment, and the Village Council does hereby determine that each of said parcels has been benefited in an amount equal to the amount set opposite each of said parcels: Levy Description Improvement No. Amount Lot 25, Block 1, Mork Campion Street and Storm Sewer 265 5458 $195.00 Manor, Plat 62287, Parcel 3750 Lot 1, Block 1, Winnetka Hills Street and Storm Sewer 265 5458 502.50 2nd Addn.,Plat 62491, Parcel 300 Lot 14, Block 1, Winnetka Hills 2nd Street and Storm Sewer 265 5458 502.50 Addn., Plat 62491, Parcel 4200 The Village Clerk is hereby directed to make an abstract showing the description of each parcel of land forfeited to the State at the time of determination by the Village Council of the amounts to be assessed in these proceedings, and showing, in accordance with this resolution, the total amount that would have been assessed against each of the parcels of land if it had been subject to assessment. The said Village Clerk shall certify such abstract to the Hennepin County Finance Department/County Auditor for presentation to the Board of County Commissioners of Hennepin County. Adopted this 8th day of . January , 1973. -Jy_-J I Attest: Mayor 6 C erk-Treasurer ORDINANCE NO. 73 - / A'`i ORDINANCE AMENDING SI".CTIONS 8.20 TIIItOUGII 8.2-j OF THE VILLAGE CODE RELATING TO REGULATING THE DISPENSING OF OIL, GASOLINE, DIESEL FUEL AND LIQUIFIED PETROLEUM GAS IN THE VILLAGE OF NEW HOPE, MINNESOTA BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota: Section 1. Sections 8.20 through 8.24 of the Village Code are hereby amendeT—to read as follows; 8.20 OIL, GASOLINE, DIESEL FUEL AND LIQUIFIED PETROLEUM GAS 8.21 License Required. No person shall; (1) Engage in the business of operating, main- taining, conducting or keeping any gasoline, --'� or oil, diesel fuel or liquified petroleum gas filling stations, or both, or any wholesale oil or gasoline, diesel fuel or liquified petroleum gas storage plant in the Village; or (2) Keep, maintain or operate a gasoline, diesel fuel or liquified petroleum gas pump or other gasoline, diesel fuel or liquified pet- roleum gas dispensing device in the Village; without first obtaining a license therefor in accordance with Sections 8.00 through 8.08. 8.22 Inspection. Before the license is granted, and any other time during the term of the license, inspection of the premises may be made to determine that the premises and the equipment for dispensing the products to be sold are adequate and safe for the conduct of the business. 8.23 Fees. The annual license fee for such licenses shall be as follows; 14 0 Page -2"- Subd. (1) Gasoline Station. $25 for each license for gasoline and/or oil station. Subd. (2) Fuel Pumps at Gasoline Station. $5 additional for each gasoline, diesel, liquified petroleum gas or other fuel pump in excess of one at each station. Subd. (3) Gasoline-, Diesel Fuel or Liquified Pet- roleum Gas Pumps Not Dispense to Pu lic. $5 for the first gasoline, diesel fuel or liquified petroleum gas pump or dispensing device, when operated, maintained or kept for the dispensing of said products used in the operation of a single business or enterprise and not offered for sale to the public. A pump shall be defined as a device or machine that transfers gasoline through one distributional -service -outlet. If the pump has more than one distributional -service -outlet, each such outlet shall be considered an additional pump. Subd. (4) Gasoline, Oil, Diesel Fuel or Liquified Petroleum Gas Storage Plant. $25 per year for each license for a wholesale or gasoline storage plant. 8.24 Safety Precautions. No licensee or other person in charge of or operating any such gasoline, oil, diesel fuel or liquified petroleum gas filling station in the Village shall fill or allow to be filled with said products the tank or tanks of any motor vehicle or any kind what- ever while the engine or motor of such motor vehicle is running or in motion and no'owner or other person driving or in charge of any such motor vehicle shall fill or allow or cause the tank of the same to be filled with gasoline, diesel fuel or liquified petroleum gas, while the engine or motor of.such vehicle is running. Section 2. This amendment shall be effective upon its passage and pu i.cation. Passed by the Village Council Attest; the ��`' day of ..f. , war .. , Erickson, Mayor e u iot, Clerk -Treasurer 1973. (Published in the New Hope -Plymouth Post the 9 1973.) I• RESOLUTION URGING HUMAN SERVICES COUNCIL OF THE NORTHWEST SUBURBS, INC. TO PLAN FOR A COMPREHENSIVE, COORDINATED MENTAL HEALTH, MENTAL RETARDATION AND INEBRIETY SERVICES WHEREAS, while there are some services and much in- formation relating to Mental Health, Mental Retardation, and Inebriety available to our citizens from both public and private agencies, and WHEREAS, there is a definite need for planning on an area -wide basis to provide similar more comprehensive services directly to our people, and WHEREAS, there is no coordinated source for informa- tion and planning on these problems, NOW, THEREFORE, BE IT RESOLVED that the Village Council of the Village of New Hope urge the members of the Human Services Council of the Northwest Suburbs, Inc. to plan for comprehensive, coordinated Mental Health, Mental Retardation, and Inebriety Services for our geo- graphical area. Adopted by the Village Council January 22, 1973. Edward J. Erickson Maypt,/' Attest: Be Pouliot Vill ge Clerk -Treasurer 19 RESOLUTION REAPPROPRIATING EXPENDITURES FOR 1973 BUDGET WHEREAS, the 1972 Budget allocated $500.00 in the Municipal Clerk's fund for microfilming and $500.00 for computer services for election, and WHEREAS, no funds were disbursed for these programs in 1972, and WHEREAS, the funds will be required in 1973 to initiate the microfilming program and to pay School District #281 for computer services rendered but not billed in 1972. NOW, THEREFORE, BE IT RESOLVED by the Village Council of New Hope that $1,000.00 from General Fund surplus be appropriated to the Municipal Clerk's budget ($500.00), Account Number 4054-29 and Election Budget ($500.00), Account Number 4040-29. Adopted by the Village Council January 22, 1973. 4E�dward'J. Erickson Mayo -r` Attest. gitly/Pouliot Vill ge Clerk -Treasurer Q _0 RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT FOR STATE NATURAL RESOURCE FUNDS TO ACQUIRE OPEN SPACE WHEREAS, the Village of New Hope desires to acquire land referred to as the proposed Kuch-Perry Park, which land is to be held and used for permanent open -space land for park and recreational uses, and WHEREAS, the costs of acquiring this land will be $183,599.64 and federal assistance through the Department of Housing and Urban Development as authorized by Title VII of the Housing Act of 1961, as amended, has been approved in the amount of $90,745.75. NOW, THEREFORE, BE IT RESOLVED by the Village of New Hope, Minnesota: 1. That an application be made to the State of Minnesota, Parks and Recreation Grants Section of the Office of Local and Urban Affairs in the amount of $46,426.94 and that the Village of New Hope will pay the balance of the cost from other funds available to it. 2. That the Park and Recreation Director is hereby authorized and directed to file such application with the State of Minnesota, to provide addition- al information and to furnish such documents as may be required by said Agency, to execute such contracts as may be required by said Agency, and to act as the authorized correspondent of the Village of New Hope. 3. That the proposed acquisition and development is in accordance with the plans for the allocation of land for open -space uses, and that should said grant be made, the applicant will acquire, develop and retain said land for the uses designated in said application. Adopted by the Village Council this 22nd of January, 1973. Edward J .�'E'ri ckson Mayor Attest: Bet iot Villag Clerk -Treasurer 21 RESOLUTION RELATING TO ADJUSTMENTS OF ACCOUNTS RECEIVABLE IN CONNECTION WITH TAX DELINQUENT LANDS IN GWYNNCO 2ND ADDITION, REGISTERED LAND SURVEY NO. 255, AND WINNETKA HILLS WHEREAS on November 21, 1966 the State of Minnesota cancelled the special assessments outstanding for Street Improvement 144, Levy No. 3823, against the following -described parcels as set forth below: Amount Cancelled Total Annual Int. 1967 and Legal Description Cost Principal Rt.% From -To thereafter Plat 62263, Parcel 4600, Lot 17, Block 4, Gwynnco 2nd Addition $832.35 $55.49 6% 1967-81 $832.35 Plat 62305, Parcel 3000, Tract C, Registered Land Survey No. 255 $439.50 $29.30 6% 1967-81 $439.50 Plat 62490, Parcel 900, Lot 3, Block 1, Winnetka Hills $439.50 $29.30 6% 1967-81 $439.50 NOW THEREFORE BE IT RESOLVED That the Village of New Hope hereby strikes said special assessments from the accounts receivable rolls against the above-described lands; and the Clerk -Treasurer is directed to correct her assessment rolls in conformity herewith. Dated this as "° day of T �. �� . 197.3 ' ATTEST: Mayor k-Treasurer (SEAL) 2_ RESOLUTION AMENDING "CORPORATE AUTHORIZATION RESOLUTION DESIGNATING FIRST ROBBINSDALE STATE BANK" DATED JANUARY 8, 1973, TO PROVIDE FOR CHANGE IN AUTHORIZED VILLAGE SIGNATURES WHEREAS, this Council did by resolution adopted January 8, 1973, designate First Robbinsdale State Bank as the depository for funds of the Village and by same resolution did designate officials authorized to sign checks or drafts, and WHEREAS, Larry E. Watts was by resolution of January 8, 1973, authorized to sign checks for the Village as Acting Village Manager, and WHEREAS, Harlyn G. Larson was duly appointed as Village Manager of the Village of New Hope on January 8, 1973, ef- fective February 1, 1973. BE IT RESOLVED THAT: 1. Authorized signatures heretofore provided in the resolution of January 8, 1973 are hereby amended, and 2. Checks, drafts or other withdrawal orders on funds deposited in Village account or accounts shall hereafter be signed by any three of the following: Edward J. Erickson, Mayor or Merle J. Johnson, Acting Mayor plus Betty Pouliot, Clerk -Treasurer and Harlyn Larson, Village Manager. All other provisions of "Corporate Authorization Resolu- tion Designating First Robbinsdale State Bank" adopted January 8, 1973, are to remain in force. The Clerk -Treasurer is authorized and directed to send a certified copy of this resolution to First Robbinsdale State Bank and the Bank shall be entitled to rely upon said certi- fied copy of resolution until written notice of modification or recission has been furnished to the Bank. Adopted by the Village Council on January 22, 1973. Edward .'Erickson Mayo Attest: B t ouliot Village Clerk -Treasurer e3 RESOLUTION AMENDING "CORPORATE AUTHORIZATION RESOLUTION DESIGNATING CRYSTAL STATE BANK" DATED JANUARY 8, 1973, TO PROVIDE FOR CHANGE IN AUTHORIZED VILLAGE SIGNATURES WHEREAS, this Council did by resolution adopted January 8, 1973, designate Crystal State Bank as the depository for funds of the Village and by same resolution did designate officials authorized to sign checks or drafts, and WHEREAS, Larry E. Watts was by resolution of January 8, 1973, authorized to sign checks for the Village as Acting Village Manager, and WHEREAS, Harlyn G. Larson was duly appointed as Village Manager of the Village of New Hope on January 8, 1973, effective February 1, 1973. BE IT RESOLVED THAT: 1. Authorized signatures heretofore provided in the resolution of January 8, 1973 are hereby amended, and 2. Checks, drafts or other withdrawal orders on funds deposited in Village account or accounts shall hereafter be signed by any three of the following: Edward J. Erickson, Mayor or Merle J. Johnson, Acting Mayor plus Betty Pouliot, Clerk -Treasurer and Harlyn Larson, Village Manager. All other provisions of "Corporate Authorization Resolu- tion Designating Crystal State Bank" adopted January 8, 1973 are to remain in force. The Clerk -Treasurer is authorized and directed to send a certified copy of this resolution to First Robbinsdale State Bank and the Bank shall be entitled to rely upon said certi- fied copy of resolution until written notice of modification or recission has been furnished to the Bank. Adopted by the Village Council on January 22, 1973. Attest:�� ouliot Vil ge Clerk -Treasurer Edward Erickson Mayor RESOLUTION RELATING TO ADJUSTMENTS OF ACCOUNTS RECEIVABLE IN CONNECTION WITH DELINQUENT LANDS IN ALLAN HILLS, TWIN TERRA LINDA, AND WINNETKA HILLS 2ND ADDITION WHEREAS We have been informed by the Hennepin County Land Department that on July 10, 1972 the State of Minnesota cancelled all special assessments outstanding against the following described parcels as set forth on the attached list: Plat 62223, Allan Hills, Parcel 300, Lot 1, Block 2 Plat 62458, Twin Terra Linda Parcel 150, Lot 1, Block 1 Parcel 600, Lot 4, Block 1 Parcel 1200, Lot 8, Block 1 Parcel 6600, Lot 29, Block 2 Parcel 6750, Lot 30, Block 2 Parcel 7950, Lot 8, Block 3 Parcel 8250, Lot 10, Block 3 Plat 62491, Winnetka Hills 2nd Addition Parcel 300, Lot 1, Block 1 Parcel 2400, Lot 8, Block 1 Parcel 4200, Lot 14, Block 1 NOW THEREFORE BE IT RESOLVED That the Village of New Hope hereby strikes said special assessments from the accounts receivable rolls against the above- described lands; and the Clerk -Treasurer is directed to correct her assessment rolls in conformity herewith. Dated this - day of J�f yt r y 197 ATTEST: lerk-Treasurer (SEAL) s Mayor -1 - Balance to be Cancelled Annual Int. (1965 and Improvement Total Cost Principal Rt.% From -To thereafter Plat 62223, Allan Hills, Parcel 300, Lot 1, Block 2: Delq. St. Light. -69 $ 6.10 $ 6.10 0 1970 $ 6.10 Delq. St. Light. -68 2.60 2.60 0 1969 2.60 Storm Sewer 60-26D 185.52 18.55 6% 1961-70 111.30 Sanitary Sewer Main Imp. #4 51.36 2.57 6% 1958-77 33.41 Sanitary Sewer Main #59-23 221.59 7.39 6% 1961-90 192.14 Sanitary Sewer Main #7 71.40 2.38 6% 1959-88 57.12 Lateral Sewer 51 802.21 40.11 6% 1962-81 681.87 Water Imp. 91 206.22 10.31 6% 1965-84 206.22 Water Lateral 71B 896.44 44.82 6% 1964-83 851.58 $T,-TT2.9 Plat 62458, Twin Terra Linda, Parcel 150, Lot 1, Block 1: Storm Sewer 25B $ 173.88 $ 17.39 6% 1962-71 $ 121.73 Sanitary Sewer Main #4 19.20 .96 6% 1958-77 12.48 Sanitary Sewer Main #12 52.25 1.74 6% 1960-89 43.50 Lateral Sewer 56 442.20 22.11 6% 1963-82 397.98 Water Lateral 53B 413.44 20.67 6% 1963-82 372.06 Water Imp. 91 72.01 3.60 6% 1965-84 72.01 1,019.76 Plat 62458, Twin Terra Linda, Parcel 600, Lot 4, Block l: Storm Sewer 25B $ 173.88 $ 17.39 6% 1962-71 $ 121.73 Sanitary Sewer Main #4 19.20 .96 6% 1958-77 12.48 Sanitary Sewer Main #12 52.25 1.74 6% 1960-89 43.50 Lateral Sewer 56 442.20 22.11 6% 1963-82 397.98 Water Imp. 91 72.01 3.60 6% 1965-84 72.01 Water Lateral 53B 413.44 20.67 6% 1963-82 372.06 1,019.76 Plat 62458, Twin Terra Linda, Parcel 1200, Lot 8, Block l: Storm Sewer 25B $ 173.88 $ 17.39 6% 1962-71 $ 121.73 Sanitary Sewer Main #4 19.20 .96 6% 1958-77 12.48 Sanitary Sewer Main #12 52.25 1.74 6% 1960-89 43.50 Lateral Sewer 56 442.20 22.11 6% 1963-82 397.98 Water Imp. 91 72.01 3.60 6% 1965-84 72.01 Water Lateral 53B 413.44 20.67 6% 1963-82 372.06 1,019.76 Plat 62458, Twin Terra Linda,_ Parcel 6600, Lot 29_ Block 2: Storm Sewer 25B $ 174.96 $ 17.50 6% 1962-71 $ 122.50 Sanitary Sewer Main #4 19.20 .96 6% 1958-77 12.48 Sanitary Sewer Main #12 52.24 1.75 6% 1960-89 43.75 Lateral Sewer 56 428.55 21.43 6% 1963-82 385.74 Water Imp. 91 72.01 3.60 6% 1965-84 72.01 Water Lateral 53B 401.71 20.09 6% 1963-82 361.62 -2 - Balance to be Cancelled Annual Int. 1965 and Improvement Total Cost Principal Rt.% From -To thereafter) Plat 62458, Twin Terra Linda, Parcel 6750, Lot 30, Block 2: Storm Sewer 25B $ 198.72 $ 19.87 6% 1962-71 $ 139.09 Sanitary Sewer Main #4 21.81 1.09 6% 1958-77 14.17 Sanitary Sewer Main #12 59.37 1.98 6% 1960-89 49.50 Lateral Sewer 56 478.60 23.93 6% 1963-82 430.74 Water Imp. 91 81.83 4.09 6% 1965-84 81.83 Water Lateral 53B 444.72 22.24 6% 1963-82 400.32 1 ;115.65 Plat 62458, Twin Terra Linda, Parcel 7950, Lot 8, Block 3: Storm Sewer 25B $ 293.60 $ 29.36 6% 1962-71 $ 205.52 Sanitary Sewer Main #4 32.28 1.62 6% 1958-77 21.06 Sanitary Sewer Main #12 87.87 2.93 6% 1960-89 73.25 Lateral Sewer 56 596.90 29.85 6% 1963-82 537.30 Water Imp. 91 121.11 6.06 6% 1965-84 121.11 Water Lateral 53B 546.38 27.32 6% 1963-82 491.76 1 ,450.00 Plat 62458, Twin Terra Linda, Parcel 8250, Lot 10, Block 3: Storm Sewer 25B $ 256.46 $ 25.65 6% 1962-71 $ 179.55 Sanitary Sewer Main #4 28.80 1.44 6% 1958--77 18.72 Sanitary Sewer Main #12 78.37 2.61 6% 1960-89 65.25 Lateral Sewer 56 606.00 30.30 6% 1963-82 545.40 Water Imp. 91 108.02 5.40 6% 1965-84 108.02 Water Lateral 53B 554.20 27.71 6% 1963-82 498.78 415.72 Plat 62491. Winnetka Hills 2nd Addition. Parcel 300. Lot 1. Block l: Street Imp. 265 $ 502.50 $ 50.25 8% 1973-82 $ 502.50 Storm Sewer 76A 133.00 8.87 6% 1964-78 124.18 Sanitary Sewer Main #4 23.65 1.18 6% 1958-77 15.34 Sanitary Sewer Main #7 62.63 2.09 6% 1959-88 50.16 Sanitary Sewer Main #11 93.04 3.10 6% 1959-88 74.40 Lateral Sewer 113A 469.00 23.45 6% 1966-85 469.00 Water Imp. 91 101.47 5.07 6% 1965-84 101.47 Water Lateral 34 1,284.04 64.20 6% 1962-81 1,091.40 Water Lateral 113A 95.00 4.75 6% 1966-85 95.00 T-2,523.45 Plat 62491, Winnetka Hills 2nd Addition, Parcel 2400, Lot 8, Block Street Imp. 144 $ 627.30 $ 41.82 6% 1967-81 $ 627.30 Storm Sewer 76A 119.70 7.98 6% 1964-78 111.72 Sanitary Sewer Main Imp. #4 20.59 1.03 6% 1958--77 13.39 Sanitary Sewer Main #7 54.55 1.82 6% 1959-88 43.68 Sanitary Sewer Main #11 81.04 2.70 6% 1959-88 64.80 Lateral Sewer 17 596.15 29.81 6% 1960-79 447.15 Lateral Sewer 113A 90.00 4.50 6% 1966-85 90.00 Water Imp. 91 88.38 4.42 6% 1965-84 88.38 Water Lateral 113A 449.60 22.48 6% 1966-85 449.60 -3 - Balance to be Cancelled Annual Int. (1965 and Improvement Total Cost Principal Rt.% From -To thereafter) Plat 62491, Winnetka Hills 2nd Addition, Parcel 4200, Lot 14, Block 1: Street Imp. 144 $ 697.00 $ 46.47 6% 1967-81 Street & Storm Sewer 265 502.50 50.25 8% 1973-87 Storm Sewer 76A 133.00 8.87 6% 1964-78 Sanitary Sewer Main #4 23.65 1.18 6% 1958-77 Sanitary Sewer Main #7 62.63 2.09 6% 1959-88 Sanitary Sewer Main #11 93.04 3.10 6% 1959-88 Lateral Sewer 17 662.39 33.12 6% 1960-79 Lateral Sewer 113A 90.00 4.50 6% 1966-85 Water Imp. 91 101.47 5.07 6% 1965-84 Water Lateral 34 1,284.03 64.20 6% 1962-81 Water Lateral 113A 95.00 4.75 6% 1966-85 $ 697.00 502.50 124.18 15.34 50.16 74.40 496.80 90.00 101 .47 1,091.40 ...95.00 3,338.25 �5. RESOLUTION REAPPROPRIATING EXPENDITURE FOR 1973 SWIMMING POOL BUDGET WHEREAS, a surplus exists in the General Fund due to 1972 budgeted allocated funds for other functions not being disbursed, and WHEREAS, the Swimming Pool Operating Fund needs $2,215.00 to repair the filter system, and WHEREAS, no funds were budgeted to fund these repairs. NOW, THEREFORE, BE IT RESOLVED by the Village Council that $2,215.00 be transferred from the General Fund to the Swimming Pool Operating Fund. Adopted by the Village Council January 22, 1973. C 1 Edward J: Erickson Attest: ouliot Village Clerk -Treasurer �u VILLAGE OF NEW HOPE RESOLUTION APPROVING PLAT OF Nagell's Ist 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 an 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 6'70, Laws of 1965, does hereby approve the said plat. 3. The Mayor and Clerk are hereby authorized to sign the final plat. Mayor Attest: it CZCtr " I/' Clerk -Treasurer CERTIFICATION STATE OF MINNESOTA COUNTY 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 February 12, 1973 Witness my hand and the seal of said Village this 12th day of February ) �9 73 . Village Clerk -Treasurer aq RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF Nagell's Ist Addition BE IT RESOLVED by the Council of the Village 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 Village 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 Village a "Development Contract" secured by a "Development Bond" in an amount and with surety and conditions satisfactory to the Village to assure to the Village that driveway approaches, street signs, boulevard improvements, and other necessary improvements be constructed and installed to Village specifications; (b) The Developer has delivered to the Village an abstract of title in customary form and the Village 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 12th day of February . 1973 . e .✓ Mayor Attest: Clerk -Treasurer 61 ORDINANCE NO. 73- 5 AN ORDINANCE AMENDING SECTION 11.83 OF THE VILLAGE CODE RELATING TO PARKING SIGN REQUIREMENTS Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 11.83 of the Village Code is amended to read: 1111.83 Director of Police to Cause Signs to be Posted. Whenever by Section 11.80 of the Village Code any parking time limit is imposed or parking is prohibited on designated streets or highways, it shall be the duty of the Director of Police to cause to be posted appropriate signs giving notice thereof and no such regulation shall be ef- fective unless said signs are erected and in place at the time of any alleged offense. " Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this 12th day of February, 1973. Edwaid J. Erickson, Mayor Attest: r a� Bet4VPouliot, Clerk -Treasurer (Published in the New Hope -Plymouth Post this 22 day of February , 1973.) 2q ORDINANCE NO. 73-2 AN ORDINANCE AMENDING SECTION 8.23 OF THE VILLAGE CODE RELATING TO LICENSE FEES FOR DISPENSING OF OIL, GASOLINE, DIESEL FUEL AND LIQUIFIED PETROLEUM GAS IN THE VILLAGE OF NEW HOPE, MINNESOTA. Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 8.23 of the Village Code is hereby amended to read as follows: 118.23 Fees. The annual license fee for such licenses shall be as follows: Subd. (1) Gasoline Station. $25 for each license for gasoline and/or oil station. Subd. (2) Fuel Pumps at Gasoline Station. $5 additional for each gasoline, diesel, liquified petroleum gas or other fuel pump in excess of one at each station. Subd. (3) Gasoline, Diesel Fuel or Liquified Petroleum Gas Pumps Not Dispensed to Public. $10 for the first gasoline, diesel fuel or liquified petroleum gas pump or dispensing device, and $$1 additional for each gasoline, diesel fuel or liquified petroleum gas pump or dispensing device in excess of one at each station or location when operated, maintained or kept for the dispensing of said products used in the operation of a single busines or enterprise and not offered for sale to the public. A pump shall be defined as a device or machine that transfers gasoline through one distributional -service -outlet. If the pump has more than one distributional -service -outlet, each such outlet shall be considered an additional pump. Subd. (4) Gasoline, Oil, Diesel Fuel or Liquified Petroleum Gas Storage Plant. $25 per year for each license for a wholesale or gasoline storage plant." Section 2. This amendment shall be effective upon its passage and publication. Passed by the Village Council the 12th day of February , 1973. Edward J. Erickson, Mayor n Attest: ., .91i iot, Clerk -Treasurer (Published in the New Hope -Plymouth 22nd day of FPhri3ar� 1973.) - 2 - 30 ORDINANCE NO. 73 - 3 AN ORDINANCE AMENDING SECTIONS 7.02, 7.08 AND 7.14 OF THE VILLAGE CODE RELATING TO CONTROL OF DOGS AND OTHER ANIMALS The Village Council of the Village of New Hope, Minnesota, ordains: Section 1. Section 7.02 of the Village Code is hereby amended to read as follows: x'7.02 LICENSE AND REGISTRATION All dogs kept, harbored or maintained by their owners in the Village 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 31st 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 Village newspaper one time in May prior to May 15 of each year. Dog licenses shall be issued free of charge as to dogs properly trained to assist blind persons and actually used for the blind per- sons for the purpose of aiding them in going from place to place. The license provided for herein shall be ob- tained not later than February 1st of the license year. The sale or transfer of any licensed dog shall carry with it and transfer to the new owner the license. Licenses issued in 1972 for the calendar year 1973 shall be effective until May 31, 1974." Section 2. Section 7.08 of the Village Code is hereby amended to read as follows: "7.08 RABIES VACCINATION. No license shall be granted for a dog which has not been vaccinated for rabies with a modified live virus type �3 of vaccine within 18 months prior to June lst of the license year for which application is made, or with a killed virus vaccine within 3 months prior to June 1st of the license year for which application is made. A Certificate of 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." Section 3. Section 7.14, Subdivision (Section) 2, is hereby amended to read as follows: Section 2. 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. Section 4. This ordinance shall be in full force and effect after its passage and publication. Passed by the Village Council of the Village of New Hope this %' -Y day of February, 1973. Edward J. Erickson, Mayor Attest: �Wffy_,_/Pouliot, Clerk -Treasurer (Published in the New Hope -Plymouth Post the 22ndday of February , 1973.) - 2 - 3/ RESOLUTION AUTHORIZING THE VILLAGE OF NEW HOPE TO ACT AS GRANTEE FOR COMMUNITY SERVICE OFFICER PROGRAM FOR THE PERIOD OF JULY 1, 1973 TO JUNE 30, 1976 WHEREAS, the New Hope Police Department is submit- ting an application for funding of Community Service Officer Program; WHEREAS, the New Hope Police Department has re- quested the Village of New Hope to act as grantee for this program. NOW, THEREFORE, BE IT RESOLVED that the Village of New Hope act as Grantee for the Community Service Officer Program and administer funds in behalf of the New Hope Police Department for the period July 1, 1973 to June 30, 1976. BE IT FURTHER RESOLVED that Mayor Edward J. Erickson is hereby authorized and directed to execute such an agreement as requested by the Governor's Com- mission on Crime Prevention and Control to implement said project, if awarded. Adopted by the Village Council on February 12, 1973. r Olt- 4Edward�97rickson Mayor H rlyn Cr. Larson Manager Attest: tty ouIiot Vil ge Clerk -Treasurer RESOLUTION REAPPROPRIATING EXPENDITURES FOR 1973 BUDGET WHEREAS, the 1972 Budget allocated $35,000.00 in the street budget for seal coating and $1,100.00 in the police department for equipment and supplies, and WHEREAS, a surplus was created in the General Fund due to the fact that only $16,200.00 was disbursed in 1972 for seal coating and no funds were disbursed for the above mentioned police equipment and supplies, and WHEREAS, $18,800.00 will be required in 1973 to com- plete the 1972 seal coating program and $1,100.00 for police programs. NOW, THEREFORE, BE IT RESOLVED by the Village Council of New Hope that $19,900.00 from the General Fund surplus be appropriated for the following: Street Department 4220-36 $18,800.00 Police Department 4110-52 $ 700.00 Police Department 4110-39 $ 400.00 Adopted by the Village Council on February 12, 1973. s .✓ ---� AEdwarloEricMson Mayor Attest: .�i'%�.� �-z-7 �Betk Pouliot Village Clerk -Treasurer 33 RESOLUTION REQUESTING THE 1973 MINNESOTA LEGISLATURE TO IMPROVE THE PERA LAWS WHEREAS, the Council of the Village of New Hope feels that it has become increasingly evident that current benefits under PERA are grossly inadequate, and WHEREAS, the proposed changes to the PERA law as endorsed by the League of Minnesota Municipalities are excellent they do not address the major problem of direct benefits to the employees. NOW, THEREFORE, BE IT RESOLVED that the Council of the Village of New Hope respectfully asks the 1973 Minnesota Legis- lature to improve the PERA law by making the following changes: 1. Change the interest assumption which the actuary is required to use from 32% to a figure which will ap- proximately reflect current potential earnings of the fund, for example, 5%; 2. Change the definition of average salary from the current "career average" concept to an average of the five highest years; 3. Remove the limitation on survivor benefits in the basic plan to reflect the fact that members now pay contributions based on total salary; 4. Allow a reasonable payment of interest for the use of the member's money when a member receives a re- fund of his or her contributions due to termination of service prior to retirement. BE IT FURTHER RESOLVED that the Village Clerk is directed to transmit a certified copy of this resolution to the Legisla- tive Retirement Study Commission and the Representatives and Senators from Districts 44A, 44B and 43A. Passed by the Village Council on February 12, 1973. 4f.w ec.0a Edward Erickson Mayor Attest: (1a �, ouliot Vge Clerk -Treasurer 3 ORDINANCE NO. 73-,6 AN ORDINANCE ADDING SECTION 12.40 TO THE VILLAGE CODE RELATING TO THE POSSESSION OF SMALL AMOUNTS OF MARIJUANA Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. The Village Code is hereby amended by adding thereto the following "12.40 Possession of Small Amounts of Marijuana. Subd. (1) Definitions. The following definitions shall be used in the inter- pretation and enforcement of this ordinance: a. Marijuana. "Marijuana" means all parts of the plant Cannabis sativa L., including all agronomical varities, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every com- pound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. b. Person. "Person" includes every individual, co- partnership, corporation or association of one or more individuals. C. Small Amount. "Small amount: as applied to marijuana means 1.5 ounces avoirdupois or less. This provision shall not apply to the resinous form of marijuana. 3-!r A RESOLUTION ESTABLISHING A TRUST FUND FOR ACCOUNTING CONTROL OF MONIES RE- CEIVED FROM THE FISCAL ASSISTANCE ACT OF 1972 (PUBLIC LAW 92-512) WHEREAS, the Federal Government has provided that certain revenues be returned to local general governmental units, and WHEREAS, the Fiscal Assistance Act of 1972 ( Public Law 92-512) provides that certain accounting procedures be followed in the use of these monies, and WHEREAS, included in the regulations is a requirement that a Trust Fund be established to account for the receipt and disbursement of these funds. NOW, THEREFORE, BE IT RESOLVED that: I. The Village Manager is hereby authorized and directed to establish within the accounting records of the Village a new fund to be en- titled: Federal Revenue Trust Fund 2. The Village Manager is further authorized and directed to establish accounting pro- cedures for depositing and disbursing these funds that comply with existing Village regulations and regulations of the Fiscal Assistance Act of 1972. Adopted by the Village Council on February 26, 1973. Edward,J. Erickson Mayor` Attest: y Pouliot Village Clerk -Treasurer 36 RESOLUTION REQUESTING SUBMISSION OF BILL FOR AN ACT AUTHORIZING THE VILLAGE OF NEW HOPE TO REFUND TEMPORARY IMPROVEMENT BONDS ISSUED IN 1970 BE IT RESOLVED by the Village Council of the Village of New Hope as follows: I. That the Legislature of the State of Minnesota has, since 1959, passed a special bill at each session authorizing the Village of New Hope to refund its existing temporary Improvement bonds with further temporary improvement bonds in lieu of definite financing. 2. This procedure has been of definite benefit to the Village of New Hope in reducing Its ratio of long term definitive financing to assessed valuation and in the opinion of the Council has result- ed in substantial interest savings to the community. 3. This Council hereby authorizes and directs the Village Attorney to forward a copy of this resolution to the State Legis- lators serving the New Hope area and this Council hereby requests that said Legislators present to the Legislature a bill in sub- stantially the form included in the attached "Bill for an Act Authorizing the Village of New Hope to Refund Temporary Improvement Bonds Issued in 197011. 4. The Council also wishes to express its appreciation to the Legislators for their efforts in presenting this bill and representing this community, and to express its appreciation to the appropriate Committees and to the Senate and House of the State of Minnesota for their consideration of this legislation. Dated the 26th day of February, 1973. Edward J. Erickson Mayor Attest: e t Pouliot vii rage Clerk -Treasurer 37 RESOLUTION OPPOSING CHANGE IN THE ADMINISTRATION OF DIRECT RELIEF IN HENNEPIN COUNTY WHEREAS, since Hennepin County was first organized, direct relief has been administered under what is known as the Township System. WHEREAS, since at least 1938 thirty-five of the municipalities located in rural Hennepin County have administered direct relief under a system of contract whereby these municipalities have employed and maintained two central offices with trained personnel which conducts thorough investigations and administers relief according to standards approved by the State of Minnesota, and WHEREAS, under this sytem in rural Hennepin County, direct relief has been administered ably, well and satisfactorily and at a cost which is far less than that which would have been necessarily expanded under a County System, and WHEREAS, the administration of such relief in Hennepin County is not fragmented and has been at all times administered in a humane, efficient and intelligent manner, and WHEREAS, it is now proposed that the legislature of the State of Minnesota enact legislation abolishing the above system of administra- tion of relief and institute and establish a County System, and WHEREAS, such a change is unnecessary, undesirable and costly and expensive. NOW THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope that said Village of New Hope is opposed to the enactment of any legislation which will change the present system of administration of direct relief and establish or impose a County System therefor. BE IT FURTHER RESOLVED, that a copy of this resolution be trans- mitted to the State Senators and the Members of the House of Repre- sentatives of the Legislature of the State of Minnesota, who are elected from and represent Hennepin County. Passed and adopted by the Village Council of the Village of New Hope this 3rd day of March, 1973. Attest:, `L Betty. -'Pouliot ViIFage Clerk -Treasurer n Edwa d J. WINson Mayor M A RESOLUTION REQUESTING A DELAY IN THE ADOPTION OF HF 295 UNTIL ITS FULL IMPACT CAN BE STUDIED WHEREAS, several substantial amendments had been proposed to the public employers employment labor relations act of 1971, and WHEREAS, these changes have been introduced to the Legisla- ture in HF 295, and WHEREAS, HF 295, if adopted, will have a major impact on the administration of local government in the State of Minnesota, and WHEREAS, the Village of New Hope, as well as other units of local government have not had an opportunity to assess the full impact of the proposal or to develop a position on the bill as to their support or objections. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Village Council of the Village of New Hope that said Village is hereby requesting a delay in adoption of HF 295 for at least 30 days from the date of this resolution. This delay is requested in order that the full impact of the proposed amendments to the public employers employment labor relations act can be studied before the Village takes a stand for or against the bill. BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the members of the Legislature who are elected from and represent the New Hope area. Passed and adopted by the Village Council of the Village of New Hope this 3rd day of March, 1973. f /ft 0 */- f I �_ Edward J. Erickson Mayor Attest: ; ty­ outiof Village Clerk -Treasurer 27 RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WiTHIN THE VILLAGE OF NEW HOPE, MINNESOTA PRESENT PLAT 62207 PARCEL 402 (FOR Rauenhorst Corporation ) BE IT RESOLVED by the Village Council of the Village of New Hope: I. 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 Secion 4.581 of the New Hope Village 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 Village 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 Village 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 Village of New Hope does hereby waive such compliance, and authorize the filing and record- ing 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: (1) That part of the 'Kest 767.34 feet, as measured at a right angle to and parallel with the Tilest line, of the North " of DIE" of Section 7, Township 118 North, Range 21, West of the 5th principal meridian, lying southerly of the South right-of-way line of the Minneapolis, St. Paul and Sault Saint Marie Railway. Dated this 12th day of March 197.„1,. Attest: Mayor 77— ', 1-6rk-Treasurer ORDINANCE NO. 73-4 AN ORDINANCE AMENDING SECTIONS 9.100 THROUGH 9.121 OF THE VILLAGE CODE RELATING TO WASTE STORAGE, COLLECTION AND DISPOSAL; DEFINING TERMS USED THEREIN; ESTABLISHING SANITATION REQUIREMENTS; PROHIBITING UNWHOLESOME AND UNHEALTHY LITTER AND OTHER NUISANCES; REGULATING THE KEEPING OF ANIMALS; AMENDING SECTIONS 8.140 THROUGH 8.145 OF THE VILLAGE CODE AND ADDING SECTIONS 8.146 AND 8.147 THERETO RELATING TO LICENSING AND OTHERWISE REGULATING REFUSE AND GARBAGE HAULERS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Purpose. In an effort to provide the Village of New Hope with efficient, high quality, economical and safe service and to enhance the en- vironmental quality of the Village, the following amendments have been made to the Village Code. Section 2. Sections 9.100 through 9.120 of the Village Code are hereby amended to read as follows: "9.100 WAS TE COLLECTION AND DISPOSAL 9.101 Definitions. The following words and phrases when used in this ordinance shall have the meanings as set out herein: Subd. (1) Collector. "Collector" shall mean a person licensed by the Village of New Hope to collect, transport and dispose of garbage and refuse. The term shall include the collector's duly authorized and acting employees and agents. Subd. (2) Dwelling Unit. "Dwelling Unit" shall mean a separate dwelling place with a Idtchen . Subd. (3) Garbage. "Garbage" shall mean putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Subd. (4) Garbage and Refuse Collection. "Garbage and Refuse Collection" shall mean the taking up and collecting of all garbage and refuse accumulated at all dwelling residences and places of business and other insti- tutions in the Village and the transportation of such garbage and refuse to a sanitary landfill or other place of disposal approved by the Village and provided by the collector at the sole expense of the collector. Subd. (5) Litter. "Litter" shall raean "garbage", "refuse" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a nuisance or danger to public health, safety and welfare. Subd. (6) Person. "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind and shall include the owner, occupant, or person in charge of any premises in the Village. Subd. (7) Public Receptacle. "Public Receptacle" shall mean a container for the deposit of waste and litter furnished, placed and maintained for use by the public and exempt from the provisions contained in 9.102, 9.103 and 8.140 through 8.147. Subd. (8) Refuse. a. "Refuse" shall mean all putrescible and nonputrescible solid wastes (except human body wastes) including but not limited to rubbish, Christmas trees, and ashes which normally result from the operation of a house- hold, and also including anything when placed in - 2 - waste containers, one average man can lift easily. Sod, dirt, rocks, cement, other trees and construction material are not considered collectable refuse under the terms of this ordinance if their weight, when placed in waste containers, is heavier than one average man can lift easily. b. Yard refuse is vegetation such as grass clippings, leaves, weeds and similar yard maintenance accumulations. Subd. (9) Rubbish. "Rubbish" is nonputrescible solid wastes (excluding ashes) , consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials. Subd. (10) Waste. "Waste" shall mean "Garbage", "Refuse" or "Rubbish" as those terms are defined hereinabove. Subd. (11) Waste Containers, General. "Waste Containers, General" shall mean a container of galvanized iron, plastic or non corrodible material with a close -fitting cover, rodent and fly -proof, non-absorbent, and leak -proof, of the type commonly sold as a garbage can, of suitable gauge and construction to insure durability and with suitable handles on can and lid and of a capacity not less than ten (10) gallons nor more than thirty (30) gallons. Sealed, impervious bags or any type of disposable container not to exceed thirty (30) gallons shall be used as containers for the collection of yard refuse. Light hedge clippings and tree branches not more than four (4) feet in length may be tied in bundles not more than twenty-four (24) inches in diameter and not more than fifty (50) pounds in weight. Subd. (12) Waste Containers, Optional. "Waste Containers, Optional" for other than single family use shall meet the sanitation standards described in the preceding paragraph, and the construction standards of paragraph 9.102, Subdivision (2) d below. - 3 - 9.102 Waste Storage. Subd. (1) Accumulation of Waste Prohibited. a. Waste shall be removed from the premises at least once every seven days and every person shall keep his premises at all times free and clean from same. b. No person shall permit any garbage or refuse to accumulate within the Village unless the same is suitably enclosed in waste containers as defined hereinabove. Subd. (2) Waste Containers Required - Placement and Maintenance. a. Number. A sufficient number of waste containers for accumulation of waste between normal pickup shall be provided. b . Maintenance. All waste containers shall at all times be maintained and kept neat and clean and in good order by the owner, occupant or person in charge of any premises in the Village. Such containers shall be disinfected with a disinfectant solution as often as necessary to maintain them in a sanitary condition. c. Inspection. All waste containers shall be subject to inspection and approval by the Village Sanitarian. Filthy, leaking or defective containers shall be cleaned, repaired or replaced by and at the expense of the owner, lessee or person in charge of the premises in question at the direction of the Village Sanitarian. d. Institutional, Commercial and Industrial Waste Containers. Institutional, commercial and industrial waste containers not mounted on wheels shall be stored on durable racks, placed on an easily cleanable sur- face, and screened from view. The racks shall raise the waste containers at least twelve (12) inches off the storage surface. Containers mounted on wheels shall be specifically designed for use with collection vehicles. The wheels of the container must elevate the base of the container at least a distance of six (6) inches off the storage surface. Containers with wheels must be placed on a concrete or other non -penetrating surface. - 4 - Subd. (3) Deposit of Garbage in Waste Containers. It shall be the duty of the owner, occupant or person in charge of any premises to cause all garbage produced on the premises to be securely wrapped or bagged in paper or packed in a covered box or carton of such dimensions as will permit its free passage into and out of the waste container, and finally deposited, after such wrapping or bagging, in such waste container as soon as practicable after the same is produced on the premises. All liquid waste shall be confined in a leak -proof container. Subd. (4) Location of Waste Containers. It shall be the duty of every owner, occupant or person in charge of any premises to place the waste con- tainers on the ground or above ground level at an ac- cessible outdoor or indoor location that may be conveniently and economically serviced; however, no waste container shall extend more than three (3) feet in front of the dwelling unit and shall not be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property. Containers placed outdoors shall be placed in such a manner as not to permit entry of or harborage for animals, insects or other vermin. Subd. (5) Screening. Waste containers shall be screened from view in accordance with the Village Code and regulations promulgated by the Village Manager. Such screening shall be considered a fence for the purpose of Section 4.12 of the Village Code. Subd. (6) Disposable Containers. Disposable containers, as defined hereinabove, con- taining only yard refuse, as defined hereinabove may be placed on the curbside, but may not be placed on the curbside any earlier than sunset preceding the day of pick-up. Dis- posable containers which contain garbage or refuse other than yard refuse, as defined hereinabove, are prohibited from being placed on the curbside at any time. - 5 - 9.103 Collection and Disposal of Waste. Subd. (1) Collection and Disposal Once Per Week. In residential areas, all garbage and refuse shall be called for at least once every seven days , and disposed of at least every seven days by a collector duly licensed by the Village of New Hope. The collector shall not call for waste at the residence of any person as defined herein before the hours of 6 A.M. or after 6 P.M. Subd. (2) Special Collection. All bulky wastes, construction and demolition wastes and special wastes not resulting from the performance of work within the Village by a building demolition or other con- struction contractor shall require a special collection not less than one week from the time such waste is produced on the premises in question. Building demolition and other construction contractors shall remove bulky wastes, construction and demolition wastes, and special wastes resulting from the per- formance of work within the Village as frequently as necessary to maintain sanitary conditions, but at least once per week, employing either their own equipment and employees or a collector which either is duly licensed by the Village of New Hope, or conforms to the standards set forth herein. Subd. (3) Garbage Disposals. Garbage may be disposed of by grinding and finely, shredding it and disposing of it through pipes leading to public sanitary sewer, providing that all garbage so disposed of in such pipes shall be ground or shredded to such a degree that all particles are carried freely under the flow conditions normally prevailing in the sewers into which the same is deposited. 9.104 Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Village except in public receptacles or in waste containers as defined hereinabove, nor shall -6- any person bury any litter or waste within the Village limits, except as permitted in Section 9.114. 9.105 Placement of Litter in Receptacles to Prevent Scattering. Persons placing litter in public receptacles or in waste containers shall do so in such a manner as to prevent it from being carried or de- posited by the elements upon any street, sidewalk or other public place or upon private property. 9.106 Sweeping Litter Into Gutters Prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying or in charge of property shall keep the sidewalk in front of their premises free of litter. 9.107 Merchants' Duty to Keep Sidewalk Free of Litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Village shall keep the sidewalk and private parking area in front of or servicing their business premises free of litter. 9.108 Litter in Parks. No person shall throw or deposit litter in any park within the Village except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. 9.109 Litter in Lakes and Streams. No person shall throw, deposit or permit the scattering of litter in any pond, lake, stream, or any other body of water in a park or elsewhere within the Village. -7- 9.110 Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, except that the owner or person in control of private property may maintain waste containers for collection as provided herein and in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. 9.111 Owner to Maintain Premises Free of Litter. The owner, occupant or person in charge of any private property shall at all times maintain the premises free of litter. Provided, however, that this Section shall not prohibit the storage of litter in waste containers for collection. 9.112 Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the Village whether owned by such person or not. 9.113 Unwholesome Premises and Material. No person shall permit, deposit or maintain on any real property under his control, whether owned by such person or not, any outhouse, privy, vault, sick or unsound flesh, meat, fish, skin, carcass or any other unwholesome or offensive substance, liquid or thing what- soever, which is nauseous, dangerous, unhealthy or uncomfortable to or for the neighborhood. 9.114 Unhealthy or Offensive Substances. No person shall permit, deposit, or maintain on any real property under his control, whether owned by such person or not, any dead animals, or animal, vegetable, excrement or other substance which is foul, nauseous, or unhealthy, or which by decomposition shall become offensive, unless the same be buried at least three (3) feet under the surface of the ground, except as provided for in Section 9.118. WE 9.115 Maintaining Animals or Birds. No person keeping or maintaining dogs, cats, horses, cattle, swine, sheep, goats, mink, foxes, muskrats, racoons, poultry, pigeons, hamsters, rabbits, or other animals on any real property under his control, whether owned by such person or not, shall permit or maintain the accumulation of manure, litter or other foul, nauseous, or unhealthy substances. 9.116 Horses on Public Streets. No person shall ride, herd or drive horses on the public streets of the Village, if said street has a permanent wearing course in place, such as bituminous asphaltic surfacing, except by permit issued by the Village Manager. 9.117 Minimum Area for Maintaining Animals or Birds. No person shall keep or maintain any horse, cow, goat, mink, fox, chicken, turkey (or any other fowl) , except in conformity with the minimum lot or parcel area limitation specified below: (a) For the first of any such animal, or the first six of such fowl or bird, a minimum lot area of not less than 54,450 square feet. (b) For each additional such animal or bird, or fowl, not less than 10,890 square feet. 9.118 Defense to Prosecution. It shall be a sufficient defense to prosecution under this ordi- nance that the accumulation of manure, yard clippings, leaves or putrescible solid wastes, except garbage, permitted or maintained was done as a well-defined, suitably screened, compost, and in such a manner as not to attract flies or vermin, nor result in foul or nauseous odors offensive to adjacent residents or any considerable number of members of the public. 9.119 Clearing of Litter and Unhealthy Offensive Substances from Private Property by Village. Subd. (1) Notice to Remove. The Village Sanitarian is hereby authorized and empowered to notify the owner of any private property within the Village or the agent of such owner to properly 9 dispose of litter and unhealthy or offensive substances located on such owner's property which is either a nuisance or dangerous to public health, safety or welfare. Such notice shall be by registered or certified mail, addressed to said owner at his last known address. For purpose of giving mailed notice, owners shall be those shown to be such on the records of the County Finance Director, but other appropriate records may be used for this purpose. Subd. (2) Action Upon Non -Compliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter or unhealthy or offensive substances dangerous to the public health, safety or welfare within five (5) days after receipt of written notice provided for in Subd. (1) above, or within eight (8) days after the date of such notice in the event the same is returned to the Post Office Department because of its in- ability to make delivery thereof, provided the same was properly addressed to the last known address of said owner, or agent, the Village Sanitarian is hereby authorized and empowered to pay for the disposing of such litter or un- healthy or offensive substances or to order its disposal by the Village. Subd. (3) Charges Included in Tax Bill. When the Village has effected the removal of such dangerous litter or unhealthy or offensive substances, or has paid for its removal, the actual cost thereof plus current interest at the rate of eight percent (8%) per annum from the date of completion of the work if not paid by such owner prior thereto, shall be charged to the owner of such property and a bill therefor shall be forwarded promptly to the owner by the Village, and such charge shall be due and payable by said owner within ten (10) days from the date of billing. Subd. (4) Assessment. The cost of removal shall be a lien against the real property. On or before September 1 of each year the Clerk -Treasurer shall list the total unpaid charges for such service against each separate lot or parcel for which they are attributable under this ordinance. The Council may then -10- spread the charges against property served as a special assessment and certify such charges to the County Auditor for collection for the following year along with current taxes in the manner provided by Minnesota Statutes 1961, Sections 429.061 and 429.081, but the assessment shall be payable in a single installment." Section 3. Sections 9.120 and 9.121 are hereby repealed and deleted from the Village Code. Section 4. Sections 8.140 through 8.144 of the Village Code are hereby amended to read as follows: "8.140 GARBAGE AND REFUSE COLLECTORS 8.141 License Required. No person, except as provided herein shall remove waste as hereinabove defined from any premises in the Village, or transport such waste upon the streets and public highways within the Village, or in any other manner dispose of waste originating in the Village, or contract for a permit himself or itself to be employed or engaged in any such removal, transportation or disposal without first having obtained a license there- for from the Village. 8.142 Licensing Regulations, Terms and Conditions. Subd. (1) Application and Issuance. Application for and issuances of licenses hereunder shall be governed by the provisions of Sections 8.00 through 8.08 of the Village Code, except as to expiration or renewal dates. Subd. (2) Fee. The annual license fee shall be $25.00 for each collector's first vehicle and $10 for each additional vehicle, Subd. (3) Ex iration. Each license hereunder shall expire on the 30th day of June following its issuance. -11- Subd. (4) Qualifications. Every applicant for a license hereunder shall furnish the Village with evidence that he has sufficient equipment and personnel to render service to existing and prospective customers and in accordance with the requirements of this ordinance; and further, that he has the capability to assure completion of his routes on schedule should any occasion arise prohibiting the collector from doing so himself. Subd. (5) E ui2ment. a. All licensed vehicles shall be equipped with a back-up warning device which complies with Minnesota Statutes and Minnesota Highway Regula- tions applicable thereto. b. All licensed vehicles transporting waste shall be otherwise equipped as provided in Section 8.144 hereof. Subd. (6) Sanitation and Appearance. All licensed vehicles and equipment shall be kept clean and in good repair and appearance and shall be maintained in a sanitary condition so as to prevent insect breeding therein or other nuisance characteristics. Subd. (7) Inspection. No license shall be issued or renewed until the vehicle to be licensed has passed inspection by the Village Sanitarian. Subd. (8) Liability Insurance. Every licensee shall carry bodily injury liability in- surance in an amount not less than $250,000 per person and not less than $500,000 per occurrence and not less than $100,000 of property damage insurance on all licensed vehicles in addition to a $1,000,000 umbrella coverage. Every licensee shall also carry Workmen's Compensation insurance for his employees. The licensee shall provide the Village with evidence that said insurance is in full force and effect and shall provide the Village with thirty (30) days' notice of cancellation of said insurance. - 12 Subd. (9) Cancellation or Revocation. The parties hereunder may, if mutually agreeable, cancel such license. However, the Village may revoke the license of any collector as provided for in Section 8.06 of the Village Code. Subd. (10) Display of License. The Village shall furnish evidence of the license to the collector and such evidence shall be displayed in or upon each licensed vehicle in accordance with regulations promulgated by the Village Manager. Subd. (11) Identification. The collector shall display his name and telephone number in a conspicuous place on both sides of each licensed vehicle in letters and numerals no less than four (4) inches in height. Subd. (12) Denial of License. The Village reserves the right to deny any applicant a license or a renewal thereof if any reasonable doubt exists as to the applicant's compliance with the provisions of this or any other Village ordinance. 8.143 Collection Practices. Subd. (1) Rates. Each collector shall furnish the Village Clerk -Treasurer with a current written schedule of rates charged for service to residential customers in the Village. The collector shall also immediately notify the Village Clerk -Treasurer in writing of any changes in such rates. The Village Clerk - Treasurer shall cause such rate schedules to be posted in the Village offices. Subd. (2) Routes. Each collector shall establish with the Village an acceptable schedule of regular collection days and areas in -13- the Village and the collector shall comply with such schedule except as provided in Subd. (3) hereof. Subd. (3) Frequency of Service. The collector shall provide residential garbage and refuse collec- tion service once each week Monday through Friday. The collector shall not be required to make regular collections on legal holidays and on days of extreme inclement weather provided, however, that the routes are collected reasonably in advance thereof or thereafter in the opinion of the Village Sanitarian and the week's schedule shall be completed regardless of the holiday or weather. Collection from other than single family residences shall be as often as required for sanitation and nuisance protection as provided in this ordinance. Subd. (4) Vehicles to Carry_ "Rules of Collection". A copy of the "Rules of Collection" as provided by the Village shall be carried in the cab of each licensed vehicle operat- ing in the Village, which rules shall be followed by each collector. Subd. (5) Service Complaints. a. Each collector shall have a local telephone number listed in a telephone directory of general circu- lation in the Village, and shall provide telephone answering service between the hours of 9 A.M. and 4: 30 P.M. Monday through Friday, except on legal holidays. b. A telephone number shall be established in the Village offices which each collector shall call to receive complaints which the Village has re- ceived from residents. c. Where, due to the collector's fault, a customer is not serviced on the regularly scheduled day, the collection shall be made the day following the scheduled collection day. If the customer was not serviced because the waste containers were not accessible on the scheduled collection day, the collection shall be made as soon as possible by agreement between the collector and customer. -14- Subd. (6) Collector to Replace Damaged Waste Containers. The collector shall replace at his expense, containers which are damaged by his carelessness or the carelessness of his employees or agents. Subd. (7) Collector to Replace Covers and Cans to Their Original Locations. The collector shall after servicing the customer, replace all covers and cans to their original location. Subd. (8) Use of Private Driveway Prohibited. The collector is prohibited from driving his vehicle upon the private driveways of residents unless written approval is first obtained from such resident. 8.144 Transportation of Waste. Subd. (1) Waste to be Covered. No collector shall transport waste upon the public streets and highways or other public property of the Village unless such waste being transported is entirely and securely covered. Subd. (2) "Packer -type" Refuse Body for Transporting Garbage. No collector shall transport garbage upon the public streets and highways or other public property of the Village except in a leak -proof, compaction type body commonly re- ferred to as a "packer -type" refuse body, as approved by the Village Sanitarian. Subd. (3) Clean up of Spilled Waste. The collector shall immediately clean up in a neat and workmanlike manner any waste that he may have caused to spill upon the streets and highways or other public or private property in the Village. -15- r: 8.145 Prohibited Dumping. No collector shall dump, place or otherwise dispose of waste in violation of the laws of the United States, this State and its counties, or the laws of any political subdivision thereof." Section 5. Chapter 8 of the Village Code is hereby amended by adding thereto the following: 118.146 Storage of Vehicles in the Village. Collectors may store or keep their waste removal vehicles in the Village when not in use (after such vehicle is free from all waste) in a tightly -constructed and enclosed structure, provided such structure shall conform to the requirements of the building and zoning ordinances of the Village. 8.147 Annual Meeting. Each collector shall meet with a representative from the New Hope Environmental Commission, the New Hope Planning Commission, and the Village Staff to review and discuss the terms and conditions of this ordinance as well as new methods concerning the efficient use of natural resources as they relate to solid waste disposal and re- cycling. This meeting shall be set at the direction of the New Hope Village Manager. " Section 6 . ' Penalty. . Any person violating any provisions of this ordinance shall be guilty of a petty misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $100. Each day of continued violation, after citation or complaint, shall be deemed a separate offense and chargeable and punishable accordingly. Section 7. Severability. The contents of this ordinance are declared to be severable and should any section, subdivision, clause, paragraph or pro- vision of this ordinance be declared by a Court of competent jurisdiction to be. invalid, the same shall not affect the validity of the ordinance as a whole nor any part thereof other than the part so declared to be invalid. Section 8. 'Repeal 'of Inconsistent Or Conflicting 'Ordinances.. All former ordinances or partsthereof conflicting or inconsistent with the provisions of this ordinance or of the Code hereby adopted are hereby. repealed. -16- Section 9. Interpretation. Words singular in form may include the plural; any words plural in form may include the singular; and words in the masculine gender shall include the feminine and neuter genders. Section 10. Effective Dates. This ordinance shall be in full force and effect from and after April 1, 1973, except as to the screening requirements contained in Section 9.102, Subd• 4 of the Village Code (as contained in Section 2 hereof) and except as to Sections 4 and 5 hereof, which provisions shall be in full force and effect from and after July 1, 1973. • Passed by the Village Council of the Village of New Hope this 12th day of March, 1973. s Edw2�d J. Erickson, Mayor Attest: - �, f , / r , . ,r .• e ,. Betty_�P, bot, Clerk --Treasurer (Published in the New Hope -Plymouth Post ` 7".;- _!. _;7 Z , 1973.) -17- O WNCE NO. 73 -7 M ORDl XE AD l NG SEC' MN 12.4f TO THE VILLAGE .CODE LAINKG TO Tr -w W STR 6 BUT I aN OF SMALL KZUN'IS OF =RIJUANA ml I i ap W wry lap,, Mi nlmsota The d i l l aGo Oouzc i t of the V I l l age of Now Hap© ordains: Som d on 1. s ha y i l I ega Coda Is haroby ndad by add i egg thoro- to a f091owlfig: 12.41 ®IstrMr,?xon of Sn*,,�i 1 P,7.ounts of Mari ju,-= Subd. (1) 011,:-�fflnlflons. The foilmIng definitions shall be usod In fiho IMI -or- protation and enforce;, -ant of Tis ordlm, nco: a. Mgri uirna. "Kari juanall wacns all parte of t%o plant Cannabis sativa L., lnciuding oil egrono;,Mcal varlefiles, WhOthGr g=ong or nofi; the seeds thereof; do rosin ex,�r•acficd f mi- any parfi of sum plant; and ®vary =.-,pound, r,�nu- f eouro, salt, d©rivative, mixiuro or prcpora- fi l ori of such plant, its seods or roz I n, but steal i not Include the manure smalls of surAh .plant, f ! @ra r from such sita l ks , oil or cc!-.� mzdo f rcm the seods of such p I ant, any ol4or =, ound, rrznufacture, salt, dorivaitivo, mlxture, or, pr©paratIon of suO mzluro zlcO :s, excopt the rosin extrcci ad %harol , v l.LQr, oil, or caic®, or the stori l i zod zccd of wuch plant which is Incapable of hoz l.e fii�. b. Rorsen. "Par-mn" Inciudos ovary individuvl, co-pai-t=rshlp, conporatiow or ossoclatton ov one or f=re Individuals. c. Sm,,Ml 1 Amvint . 1°SmaI l &mount" os .,ppp l i od fio mar l juena r,zans 1.5 ounces eviorga.p �®'ois or lois. ro This provision shall t appy+ tk rosiecua for. of wart juona. -2- Subd. (2) :t shall be uniewful for any person to grow, sell, give away, barter, dei l ver, or distribute a smai l cmoumt of mri Juana. 5ubd. (3) Penalty. Any poison vio:ating any of the provisions of the ordinance shall be guilty of a misdemeanor and upon con- viction shall be punished by a fine not exccading � or i n-gri so nment not exceeding 90 days, or both. Saction 2. This or•dlnaenea sha61 be effective from ane) aftor i - p s and publ ica'i ion. Passod by the Village Council of the Village of Naw Fi thico day of ';/ , 1973. (rCd40ar .i. Ericksw Mayor Poul lot - VI l Qage Ciork-Treasurer CRW tGhod In irho mea Gape -P9 Ym4uth Post this .�.� � day 4473). 9. �Z A RESOLUTION ADJUSTING THE 1973 OPERATING BUDGET WHEREAS, certain programs of the Village of New Hope have been changed in concept, deleted, added to or otherwise changed since the adoption of the 1973 Operating Budget, and WHEREAS, it is necessary for the Council to approve and direct changes in the Budget so as to meet the obligations of the Village. NOW, THEREFORE, BE IT RESOLVED by the Village Council, Village of New Hope that: Section I. The Village Manager is hereby authorized and directed to make the amendments in the 1973 Budget as outlined in Section 2 below at such time as the specific contractual obligation or invoice is presented for pay- ment and then only if it has been definitely established that funds are not available from within original ap- propriations or that obligated revenues have not increased to where the expense could be covered without an adjust- ment. Section 2. Subject to the conditions in Section I above, the following adjustments are hereby authorized in the 1973 Budget: Additional Expenditure Item Cost Shingle Creek Dues $ 2,300.00 Golden Valley Payments 11,300.78 Street Worker (Aug. Month) 2,000.00 Highway 18 and 42 Garage Addition Street Worker (Mar. to Aug.) Extra Street Lights Carlson Storm Sewer Larson's Moving Expenses Xmas Decorations 9,099.63 Source Transfer from Bldg. Dept. $ 2,300.00 Transfer from Bldg. Dept. 11,300.78 Transfer from Bldg. Dept. 1,200.00 Transfer from Cont. Fund 800.00 Transfer from Cont. Fund 4,200.00 Charge to Revenue Sharing 4,899.63 13,600.00 Temporary Transfer from 13,600.00 Water and Sewer to be Repaid in 1974 7,308.00 Charge to Revenue Sharing 7,308.00 500.00 Charge to Revenue Sharing 500.00 4,000.00 Charge to Revenue Sharing 4,000.00 1,000.00 Transfers within Dept. 1,000.00 Budget 300.00 Charge to Village Hall Acct. 300.00 - 2 - Logis $15,815.00 Plan to Charge Revenue Sharing - Hold Final Decision until further Recommendation on System Complete Project #208 8,400.00 Revenue from Sale of Boone Avenue Lots Building Removal 1,500.00 Revenue from Sale of Boone Avenue Lots Complete Payment on Civic 11,000.00 Revenue from Sale of Center Park Purchase Boone Avenue Lots $88,123.41 Adopted by the Village Council on March 12, 1973. Edward J. Erickson Mayor Attest: ELetty P uliot Villagd Clerk -Treasurer $15,815.00 8,400.00 1,500.00 11,000.00 $88 ,123.41 C Al Zk r--, RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER AND WATER IMPROVEMENT NO. 283 (NAGELL'S IST ADDITION) BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Orr-Schelen-Mayeron Fr Associates, Inc. , Engineers for the Village have heretofore reported to this Council that a water and sewer improvement for the Village as herein- after described is feasible and may best be made as proposed and not in conjunction with any other improvement, and that the estimated cost of said improvement to the Village is $17,225. 00 . 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 herefo 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 Village, 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: REVISED NOTICE OF PUBLIC HEARING FOR PROPOSED LATERAL WATER AND SANITARY SEWER IMPROVEMENT NO. 283 Village of New Hope, Minnesota 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 9th day of April, 1973 at 7: 30 p.m. (or as soon thereafter as prior hearings permit) at the Village Hall, 4401 Xylon Avenue North, in said Village 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 Lateral Water and Sanitary Sewer including house services, manholes, and all other appurtenant works and services reasonably required therefor, to serve an area in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: Premises abutting the following: a. Sanitary Sewer will be extended south on Gettysburg Avenue North from 45th Avenue North to Gettysburg Lane North. b. Water and Sanitary Sewer will be extended on Gettysburg Lane North. All of said premises are situated in Section 18, Township 118, Range 21, being the North 495 feet of Tract A, Registered Land Survey No. 1028, Hennepin County, Minnesota. 3. The estimated cost of said improvement is $17,225.00. 4. The area proposed to be assessed for the making of said improvement shall include all the premises described in paragraph 2, above. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 15th day of March, 1973. Betty Pouliot Village Clerk -Treasurer Published in the New Hope -Plymouth Post the 29th day of March and the 5th day of April, 1973. 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 heard. The aforementioned Engineers are hereby authorized and directed to prepare plans and specifications for said improvement. Z' Dated this _:�th day of March, 1973. Edw�rd Erickson, Mayor Attest:but-fy—Pou'liot,, Clerk -Treasurer - 3 - i, � 3 r f, r RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT NO. 281 (38TH AVENUE NORTH, OREGON TO MARYLAND AND CONCRETE SIDEWALK 36TH AVENUE NORTH, HILLSBORO TO COUNTY ROAD 18) 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 rr 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 $106,800.00. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on the proposed construction of a public 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. 281 Village of New Hope, Minnesota I. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 26th day of March, 1973 at 7:30 o'clock p.m, at the Village Hall, 4401 Xylon Avenue North, in said Village for the purpose of holding a public hearing on a proposed Improve- ment as described hereinafter. 2. The general nature of the improvement is as follows: a. Construction of 38th Avenue North (Oregon Avenue North to Maryland Avenue North), including gravel base, 3 inches of bituminous surfacing, and concrete curb and gutter. b. Concrete sidewalk on 36th Avenue North from Hillsboro Avenue North to County Road 18. 3. The estimated costs of said improvement are: a. Construction of 38th Avenue North, including curb and gutter $15,600 b. 36th Avenue sidewalk as described 4,680 Total $20,280 4. The area proposed to be assessed are the premises abutting the street areas described in paragraphs 2a and 2b above. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 12th day of March, 1973. Betty Pouliot Village Clerk -Treasurer Published in the New Hope -Plymouth Post the 15th and 22nd days of March, 1973. 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 heard. The aforementioned Engineers are hereby authorized and directed to prepare plans and specifications for said improvement. Dated this 11-2 e-151 day of 1973. r Edward J. Erickson, Mayor Attest: y Pouliot, Clerk -Treasurer RESOLUTION OPPOSING REGISTRATION OF VOTERS ON ELECTION DAY WHEREAS, the legislature of the State of Minnesota has instituted a 20 day period before election during which registration for that election cannot take place, and WHEREAS, that time period has worked to the advantage of local government and citizens in maintaining a fair and reasonable system of voters registration, and WHEREAS, permitting the registration of voters on election day would do away with pre-election registration, and WHEREAS, lack of time to check accuracy of registra- tion would make possible the practice of double voting since challenges would become meaningless, and WHEREAS, such revision would work to the disadvantage of previously registered citizens by increasing the time they would have to spend at the polls, and WHEREAS, polling places would have to be enlarged and additional staff hired, thereby increasing the cost of elections; and WHEREAS, such increasing costs would force many municipalities to exceed levy limits imposed upon them by law. BE IT RESOLVED: 1. That the Village of New Hope does oppose changes in the voters registration law contained in HF #605 and SF #648 and urges the legislature to reject the proposals contained in said bills. 2. That the Village Clerk is hereby directed to send certified copies of this resolution to the legislators representing New Hope, Minnesota Clerks and Finance Officers Association, League of Minnesota Municipalities and the Hennepin County League of Municipalities. -2- Passed by the Village Council this 12th day of March, 1973. (i_�d'ward J: Erickson Mayor Attest:�� ' Betty Pouliot Village Clerk -Treasurer 016 RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR STREET IMPROVEMENT NO. 268 (WHICH INCLUDES STREET IMPROVEMENT NO. 260) WHEREAS, it is necessary and advisable in the public interest that the Village of New Hope establish, construct and maintain a public street, to -wit: extension of 56th Avenue North between Xylon and Wisconsin Avenues in the Village of New Hope; and WHEREAS, in order to accomplish such purpose it is necessary to acquire a 30 foot permanent easement as hereinafter described and a 10 foot construction and slope easement as hereinafter described over, under and upon the land de- scribed as follows, to -wit: Parcel 6T -702R A permanent easement for street purposes over the South 30 feet of the South 105 feet of the West 210 feet of the Northeast 1/4 of the Southeast 1/4, except the East 30 feet thereof, Section 6, Town- ship 118, Range 21, according to the duly recorded plat thereof on file with the Registrar of Titles of Hennepin County, Minnesota. A temporary construction easement and temporary slope easement to construct a slope having a width of 10 feet, and a vertical height on the north line thereof of 3 feet measured from a plane parallel with the top of the curb line of the street to be constructed over the North 10 feet of the South 40 feet of the South 105 feet of the West 210 feet of the Northeast 1/4 of the Southeast 1/4, except the East 30 feet thereof, Section 6, Township 118, Range 21, according to the duly recorded plat thereof on file with the Registrar of Titles of Hennepin County, Minnesota. Names of the parties interested in the above-described land and nature of interest: Joseph D. Digatono , Jr. Fee Owners Ethel M. Digatono The Minneapolis Savings and Mortgagee Loan Association Hennepin County Tax Lien said construction easement to expire on December 1, 1973; with the grade or contour of the land to be as constructed on December 1, 1973; and WHEREAS, by reason of the failure of the Village to obtain such easements for the establishment, construction and maintenance of said street, it is neces- sary to procure title to such land by the right of eminent domain, in the manner prescribed by Minnesota Statutes applicable thereto. NOW, THEREFORE, BE IT RESOLVED, that the recitals hereinbefore con- tained be incorporated herewith and that the Village of New Hope proceed to procure the necessary easements over, under and upon the above-described land, under its right of eminent domain, and the Village Attorneys be instructed and directed to file the necessary petition and other related papers therefor, and to prosecute such action to a successful conclusion, or until it is abandoned, dismissed or terminated by the Village or by the Court; that the Village Attorneys, Mayor and Clerk -Treasurer do all things necessary to be done in the commencement, prosecution and successful termination of such action. Adopted by the Village Council this 12th day of March, 1973. i Edw J . Erickson, Mayor Attest., Betty Pouliot, Clerk -Treasurer (Seal) - 2 - f1/ RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT NO. 281 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. This Council held a public hearing the 26th day of March, 1973, at 7: 30 o'clock P.M. at the Village Hall, 4401 Xylon Avenue North in said Village, on proposed Street Improvement No. 281 of the Village, after notice of said hear- ing was duly published as required by law in the New Hope -Plymouth Post, the official newspaper of the Village, on the 15th and 22nd days of March, 1973. 2. 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 interests and being fully advised as to the pertinent facts, does hereby deter- mine to proceed with the making of said proposed improvement, and said improve- ment is hereby ordered. 3. 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. 4. Bonestroo, Rosene, Anderlik & Associates, Inc. , Engineers for the Village are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the Village Council this h day of/h , 1973 i Mayor Attest: C erk-Treasurer (Seal) M RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT NO. 282 (49TH AVENUE BETWEEN BOONE AVENUE AND COUNTY ROAD NO. 18) BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Bonestroo, Rosene, Anderlik & Associates, Inc . , Engineers for the Village have heretofore reported to this Council that a storm sewer improvement for the Village 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 Village is $11,160.00. 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 Village, 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. 282 Village of New Hope, Minnesota 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 9th day of April, 1973 at 7: 30 o'clock P.M. at the Village Hall, 4401 Xylon Avenue North, in said Village for the purpose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction of storm sewer including pipe, manholes, and all other appurtenant works and services reasonably required therefor, to serve an area in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: Southeast 1/4 of the Northeast 1/4, Section 7, Township 118, Range 21 West. 3. The estimated cost of said improvement is $11,160.00 . 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated this 26th day of March, 1973. Betty Pouliot Village Clerk -Treasurer Published in the New Hope -Plymouth Post the 29th day of March and the 5th day of April, 1973. 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 day of March, 1973. Edward" J. Erickson, Mayor Attest: �' c Betty �Pouliot, Clerk -Treasurer - 3 - 7/ RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT NO. 271A (NORTHWESTERLY PORTION OF VILLAGE) BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Bonestroo, Rosene, Anderlik & Associates, Inc. , Engineers for the Village have heretofore reported to this Council that a storm sewer improvement for the Village 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 Village is $120, 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 Village, 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. 271A Village of New Hope, Minnesota 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 9th day of April, 1973 at 7: 00 o'clock P.M. at the Village Hall, 4401 Xylon Avenue North, in said Village for the purpose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction of storm sewer including pipe, ditch clean-out, manholes, and all other appurtenant works and services reasonably required therefor, to serve an area in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: West 1/2 Section 6; Northof%, Section 6; West 1/2 of Southeast 1/4, Section 6; West 1/2, Section 7; Northwest 1/4 of Northeast 1/4, Section 7; South 1/2 of Northeast 1/4, Section 7; North 1/2 of Southeast 1/4, Section 7; Southwest 1/4 of Southeast 1/4, Section 7; West 1/4 of Northwest 1/4 of Northeast 1/4, Section 18; North 1/2 of Northwest 1/4, Section 18; all in Township 118, Range 21 West. 3. The estimated cost of said improvement is $120,320.00. 4. The area proposed to be assessed for the making of said improve- ment shall include the premises described in paragraph 2, above. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 26th day of March, 1973. Betty Pouliot Village Clerk -Treasurer Published in the New Hope -Plymouth Post the 29th day of March and the 5th day of April, 1973. 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 : "" day of March, 1973. Edwar J. Erickson, Mayor Attest: , BettyjPouliot, Clerk -Treasurer - 3 - ORDINANCE NO. 734 AN ORDINANCE AMENDING SECTION 5.168, SUBD. (2) OF THE VILLAGE CODE RELATING TO INSTALLATION, OWNERSHIP AND CONTROL OF WATER METERS. Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 5.168, Subd. (2) of the Village Code is hereby amended to read as follows: "Subd. (2) Installation, Ownership and Control. All meters shall be purchased from the Village and installed by the consumer. Payment therefor shall be made in advance. The charge to the consumer for the meter shall cover the actual cost (including shipping charges) of the meter to the Village. Said charge shall also include a handling charge as established by the Village Manager, which charge shall not exceed twenty percent (20%) of the actual cost of the meter to the Village. The Village Manager shall from time to time post with the Water Department the total purchase price for the meters as established hereinabove. Upon con- nection with the Village water system, all meters shall there- after be deemed the property of and under control of the Village; the applicant for the connection permit releasing all claims thereto. All meters heretofore connected to the Village water system regardless of how paid for or installed shall be deemed the property of and under the control of the Village." Section 2. This ordinance shall be effective from and after its passage and publcation . Passed by the Village Council of the Village of New Hope this day of 1973. Ed w J. Erickson, Mayor l% Attest: Beffy/Pouliot, Clerk -Treasurer (Published in the New Hope -Plymouth Post this 5"" day of �o=,,�, 1973. ) RESOLUTION? ESTABLISHING CERTAIN MUNICIPAL STATE AID HIGHTHAYS 4HEREA.S, it appears to the Village Council of the Village of that the roads hereinafter described should be designated Municipal State Aid Streets under the provisions of Minnesota Laws of 1958, Chapter 500. NOW THEREFORE, BE IT RESOLVED, by the Village Council of the Village of New Hope that the roads described as follows, to -wit: 11L1SA No. street From To 102 Winpark Drive 32nd Avenue 35th Avenue 107 49th Avenue No. Louisiana Avenue Quebec Avenue 109 Science Center Dr. 110 Louisiana Avenue 110 Louisiana Avenue 111 62.nd. Ave„ No. 112 Co. Rd. 1.8 Service Drive Boone Avenue 42nd Avenue 49th Avenue West Broadway Cuss Lake Rd. Co. Rd. 18 43rd Avenue 52nd Avenue Louisiana 49th Ave. No. be, and hereby are established, located and designated Municipal State Aid Streets of said Village, subject to the approval of. the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the Village Clergy: is hereby authorized and directed to faxuard two (2) certified copies of this resolution to the Commissioner of Highways for his consideration, and that upon his approval of the designation of said roads or portion thereof, that same be constructed, improved and mnintaxned as Municipal State Aid Streets of the Village of New Hope, to be numbered and known as Municipal State Aid Streets as shown above. ADOPTED P .2 _ _ , 1973. (Mayor) ATTEST: lige Clerk.) (SEAL) CERTIFICATION I hereby certify that the above is a true and Correct copy of a Resolution duly passed, adopted and approved by the Village Council of said Village on .,19 llage Clerk Village of New Hope, Minnesota .59'Z- IJ, ' RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. 271A AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. This Council held a public hearing the 9th day of April, 1973, at 7: 00 o'clock P.M. at the Village Hall, 4401 Xylon Avenue North in said Village, on proposed Storm Sewer Improvement No. 271A of the Village, after notice of said hearing was duly published as required by law in the New Hope -Plymouth Post, the official newspaper of the Village, on the 29th day of March and the 5th day of April, 1973. 2. 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 deter- mine to proceed with the making of said proposed improvement, and said improve- ment is hereby ordered. 3. 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. 4. Bonestroo , Rosene , Anderlik 4 Associates, Inc. , Engineers for the Village, are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the Village Council this fir."/ day of April, 1973. Mayor Attest: "'Clerk- Treasurer (Seal) RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. 282 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. This Council held a public hearing the 9th day of April, 1973, at 7:30 o'clock P.M. at the Village Hall, 4401 Xylon Avenue North in said Village, on proposed Storm Sewer Improvement No. 282 of the Village, after notice of said hearing was duly published as required by law in the New Hope -Plymouth Post, the official newspaper of the Village, on March 29, 1973, and April 5, 1973. 2. 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 deter- mine to proceed with the making of said proposed improvement, and said improve- ment is hereby ordered. 3. 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. 4. Bonestroo, Rosene, Anderlik 4 Associates, Inc. , Engineers for the Village, are hereby authorized and directed to proceed with the preparation and making of final plans and specifications for said improvement. Adopted by the Village Council this ;'-J day of April, 1973. M ayor Attest: -Clerk-Treasurer (Seal) �7 RESOLUTION ORDERING CONSTRUCTION OF SEWER AND WATER IMPROVEMENT NO. 283 AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. This Council held a public hearing the 9th day of April, 1973, at 7: 30 o'clock P.M. at the Village Hall, 4401 Xylon Avenue North in said Village, on proposed Sewer and Water Improvement No. 283 of the Village, after notice of said hearing was duly published as required by law in the New Hope -Plymouth Post, the official newspaper of the Village on March 29, 1973, and April 5, 1973. 2. 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. 3. The area proposed to be assessed to pay the cost of said improve- ment shall include the property described in the notice of public hearing per- taining thereto. 4. Plans and specifications submitted by Orr-Schelen-Mayeron 4 Associates, Inc. , Engineers for the Village, are hereby approved and publication of notice of taking of bids for said Improvement in the New Hope -Plymouth Post and the Construction Bulletin is hereby authorized. Adopted by the Village Council this 9th day of April, 1973. c Mayor f Attest: Cl k -Treasurer (Seal) .S' RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT NO. 285 (CURB AND GUTTER, PENNSYLVANIA AVENUE, NORTH OF BASS LAKE ROAD) BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that Bonestroo, Rosene, Anderlik & Associates, Inc. , Engineers for the Village have heretofore reported to this Council that a street improvement for the Village has hereinafter described is feasible and may best be made as proposed as a part of a joint project with the City of Crystal, and that the estimated cost of said improvement to the Village is $1,832.00. 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 Village, 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. Said notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING FOR PROPOSED STREET IMPROVEMENT NO. 285 ( CURB AND GUTTER, PENNSYLVANIA AVENUE, NORTH OF BASS LAKE ROAD) Village of New Hopp, Minnesota 1. Notice is hereby given that the Village Council of the Village of New Hope, Minnesota, will meet on the 23rd day of April, 1973 at 7: 30 o'clock P.M. at the Village Hall, 4401 Xylon Avenue North, in said Village 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 concrete curb and gutter, and all other appurtenant works and services reasonably required therefor, to serve an area in the Village of New Hope, County of Hennepin, State of Minnesota, described as follows: Pennsyvlania Avenue North, being part of Lot 33, Auditor's Subdivision No. 226 in the South 1/2, Section 5, Township 118, Range 21 West. 3. The estimated cost of said improvement is $1,832.00. 4. The area proposed to be assessed for the making of said improve- ment shall include all the premises described in paragraph 2, above, having frontage on Pennsylvania Avenue North. 5. This improvement is proposed as a joint project with the City of Crystal. 6. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 9th day of April, 1973. Betty Pouliot Village Clerk -Treasurer Published in the New Hope -Plymouth Post the 12th and 19th days of April, 1973. ss4/1- 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 9th day of April, 1973. _ga&'IVrz_ E and J. Erickson, Mayor Attest: Betty Pouliot, Clerk -Treasurer - 3 - "5-46 A RESOLUTION REGARDING THE EXTENSION,OF GAS SERVICE BY MINNEAPOLIS GAS COMPANY WHEREAS, the Minneapolis Gas Company is the owner and operator of a system for the distribution and sale of gas in the Village of New Hope, and WHEREAS, there are present and future industrial developments in the Village that both desire and need natural gas service in order to effectively and economically operate and heat their plants, and WHEREAS, the industrial area of New Hope lying north of 49th Avenue, east of County Highway #18, south of the Sault Sainte Marie Railway line and west of Flag Avenue extended is now under development with several buildings constructed and at least two more in the planning stage, and WHEREAS, the Minneapolis Gas Company is the only potential supplier of natural gas service to the area. NOW, THEREFORE, BE IT RESOLVED by the Village Council, Village of New Hope, Minnesota, that: 1. Extension of natural gas service to the area indicated above is needed to properly service the area with utilities. 2. Minneapolis Gas Company, as the natural gas service franchise holder, has a responsibility to extend,this necessary service. 3. The Village Council urges immediate extension of natural gas service to the subject area. Adopted by the Village Council this 9th day of April, 1973. Edward J. Erickson Mayo rr" Attest: _ t y Pouliot Village Clerk -Treasurer s� JrF°� - CERTIFICATION OF MINUTES RELATING TO $545,000 IMPROVEMENT BONDS OF 1973, $101,000 STATE -AID STREET BONDS AND $349,000 PARK BONDS Issuer: Village of New Hope, Minnesota Governing body: Village Council Kind, date, time and place of meeting: a regular meeting held in the Village Hall on April 9, 1973, at 7:30 p. M. Members present: Edward Erickson, Mayor; W. Peter Enck; L. W. Hokr; Merle L. Johnson and Richard Plufka Members absent: none Documents attached: Minutes of said meeting (pages): 8 I. the undersigned, being the duly qualified and acting re- cording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the docu- ments attached hereto, as described above, have been carefully com- pared 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 9th day of April , 1973. i�. Signature Betty Pouliot, Village Clerk (SEAL) Name and Title ,,-'7 OL, MemberL. W. Hokr introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE AND PROVIDING FCR PUBLIC SALE OF $545,CCC IMPROVE.��ENT BONDS, $101,000 STATE --AID STREET BONDS AND $349,000 PARK BONDS BE IT RESOLVED by the Village Ccuncil of the Village of New Hope, Mirnesota, as follows: 1. By proceedings duly taken in accordance with the pro- visions of Minnesota Statutes, Chapter 429, the Village has here- tofore ordered the construction of the local improvements desig- nated below, and determined the estimated cost of said improvements necessary to be borrowed as follows: Estimated Cost Designation of Improvement to be Borrowed Street Improvement No. 273 $ 123430 Public Park Improvement No. 264 98,651 Street Improvement No. 26$ 23,470 Street Improvement No. 254 (additional cost t.o be borrowed in addition to amount previously borrowed) 5,000 $139,551 2. It is hereby found, determined and declared that the Village issued $700,000 Temporary Improvement Bonds of 1970, Series A and B, dated as of September 1, 1970, for the purpose of financing various local improvements made under said Chapter 429 and refunding $507,550 Temporary Improvement Bonds of 1967, Series B and C, dated November 1, 1967; that the issuance of said $700,000 Temporary Im- provement Bonds of 1970, Series A and B was authorized by a resolu- tion of this Council duly adopted on September 1, 1970; that all of said 1970 bonds were validly issued and constitute legal obligations of the Village in their full amount; that all of said 1970 bonds are now outstanding and become due and payable on September 1, 1973; that the amount of moneys estimated to be on hand in the 1965 Tem- porary Improvement Bond Fund of the Village and available for the payment of said 1970 Temporary Improvement Bonds as of September 1, 1973, will be $319,051, of which amount $17j100 is required for the payment of interest coming due on said bonds on their maturity, and $301,551 is available for the payment of principal thereon; and -1- s 7 A- that it is necessary to issue $398,41+9 defin_tive improvement bonds to refund the same principal amount of said Tem;corary Improvement Bonds of 7.970, maturing on Septen.ber 1, 1973. 3. For the payment of the cost of the improvements and the refinancing of the teriporary improvement bonds it is therefore necessary and in the best interest of the Village to borrow money by the issuance of general obligation Improvement Bonds in the amount of $538,000, pursuant to the provisions of Minnesota Stat- utes, Chapter 429, and in the additional principal amount of $7,000, representing interest, as authorized by Minnesota Statutes, Sec- tion 475.56. 4. It is hereby found and determined that the amount of the last annual allotment received by the Village from the con- struction account in the municipal state -aid street fund was $109,997; and that the average annual amount of principal and in- terest due in all subsequent calendar years on the municipal state - aid street bonds of the Village now outstanding and hereinafter authorized to be issued will not exceed 50% of said allotment. 5. It is hereby found and determined that it is neces- sary and expedient that the Village issue and offer at public sale $101,000 Municipal State -Aid Street Bonds of the Village, for the purpose of constructing, reconstructing and improving municipal state -aid streets in the Village. 6. It is further found and determined to be necessary and expedient for the Village to issue and offer at public sale its Park Bonds in the principal amount of $349,000, pursuant to the authorization conferred by the voters at the special Village election held on November 7, 1972, for the purpose of park de- velopment and improvement and appurtenant facilities. 7. Sealed bids for the bonds will be received and opened by the Village Manager and Clerk on May 14, 1973, at 2 P.M. at the Village Hall. This Council shall meet at the same place on the same date at 7:30 P.M. for the purpose of awarding the sale of said bonds. Notice of the time, place and purpose of said meeting shall be published by the Clerk in the official newspaper of the Village, and in the Commercial West, published in Minneapolis, Minnesota, at least ten days before the date of said meeting. Said notice shall be in substantially the following form: -2- s;7 ''lIGE 07 SALE $545,000 I ��R��TE . LNT BOD DS of 1973, $101,000S -RE -z"" STAiJ-. 1D BONDS AND $349,000 PARK Bo�;DS VILLAGE OF NEW HOPE, HENNEPIN COUNTY, MINNESOTA Sealed bids for the above bonds will be received on Monday, May 14, 1973, until 2:00 o'clock P.M., at the Village Hall in the Village of New Hope. Dated May 1, 1973, the bonds will.mature on February 1 in the following years and amounts: $1013000 STATE -AID $545,000 BONDS OF 1973 STREET BONDS Year Amount Year Amount Year Amount 1975 $40,000 1984 $35,000 1974 $11,000 1976 40,000 1985 25,000 1975 105000 1977 40,Ooo 1986 25,000 1976 10,000 1978 40,000 1987 25,000 1977 10,000 1979 40,000 1988 25,000 1978. 10,000 1980 40,000 1989 205000 1979 10,000 1981 40,000 1990 15,000 1980 10,000 1982 40,000 1991 15,000 1981 10,000 1983 40,000 1982 10'000 1983 10000 $349,000 PARK BONDS Year Amount Year Amount 1976 $143000 1985 $25,000 1977 15,000 1986 25,00.0 1978 15,000 1987 25,000 1979 15,000 1988 20,000 1980 15,000 1989 20,000 1981 203000 1990 20,000 1982 205000 1991 20,000 1983 20,000 1992 205000 1984 20,000 1993 205000 Bonds maturing in 1986 and later years shall each be subject to redemption on February 1, 1985, and any interest payment date there- after, at par plus accrued interest. Interest will be payable February 1, 1974, and semiannually thereafter on each August I and February 1. No rate of interest nor the net effective average rate of the issue may exceed 7% per annum and no more than ten interest rates shall be specified. The highest rate may not be more than 1.50 higher than the lowest. No bid for less thLn $988,000 will be considered. Approving opinion by Hessrs. Dorsey, Marquart, Windhorst, West & Halladay, Minneapolis, Minnesota. S< ? '.1, Copies of the official notice of sale and additional information may be secured from the undersigned or from the bond consultants to the Village, T. G. Evensen & Associates, Inc., First National Bank Building, il_nneapoli , Minnesota 55+02 (612-336-1637). Dated April 9, 1973. BY ORDER OF THE VILLAGE COUNCIL Betty Pouliot Village Clerk Village of New Hope, Minnesota 57--e- 8. The following terms and conditions for the sale and issuance of the bonds, prepared by the bond attorneys and bond consultants for the Village, and incorporated in material dis- tributed to prospective bidders for the bonds, are hereby adopted and confirmed as the terms and conditions for the sale and issu- ance of said bonds: -5- OFFICIAL dOTICE OF SALE $545,000 I,PROVET ENT BONDS OF 1973, $101,000 STATE -AID STREET BONDS AND $349,000 PARK BODS VILLAGE OF NEW HOPE HENNEPIN COUNTY. MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $545,000 general obligation Improvement Bonds of 1973, $101,000 State -Aid Street Bonds and $349,000 Park Bonds of the Village of New Hope, Hennepin County, Minnesota, will be received in the Village Hall in said Village on "Monday, May 14, 1973, up to 2 P.M. C.D.S.T., at which time they will be opened and tabulated. The Village Council will meet at the Village Hall on the same date at 7:30 o'clock P.M. to consider bids for the purchase of said bonds at a price of not less than $98831000 plus accrued interest. The bonds will be issued in the denomination of $5,000 unless otherwise requested by the successful bidder within 48 hours after award of sale. The bonds will be dated May 1, 1973, in bearer form, and will mature on February 1 in the following years and amounts: $545,000 IMPROVEMENT BONDS OF 1973 $101,000 STATE -AID STREET BONDS Year Amount Year Amount Year Amount 1975 $40,000 1984 $35,000 1974 $11,000 1976 40,000 1985 25,000 1975 103000 1977 40,000 1986 25,000 1976 10,000 1978 40,000 1987 25,000 1977 10,000 1979 40,000 1988 25,000 1978 103000 1980 40,000 1989 203000 1979 10,000 1981 40,000 1990 15,000 1980 10,000 1982 40,000 1991 15,000 1981 10,000 1983 40,000 1982 10,000 1983 10,000 $349,000 PARK BONDS Year Amount Year Amount 1976 $143000 1985 $25,000 1977 15,000 1986 25,000 1978 15,000 1987 25,000 1979 15,000 1988 203000 1980 15,000 1989 20,000 1981 203000 1990 203000 1982 203000 1991 203000 1983 203000 1992 203000 1984 203000 1993 203000 Bonds maturing in 1986 and later years will each be subject to redemption and prepayment at the option of the Village on February 1, 1985, and any interest payment date thereafter, at par plus accrued interest. .- 7 -1 The bonds will bear interest from date of issue until paid or until duly called for redemption, at the rate or rates specified by the successful bidder, subject to the limitations specified below. Interest will be payable February 1, 1974, and semiannually thereafter on each August 1 and February 1. All bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate. The difference between the highest and the lowest rate of interest may not ex- ceed 1.50% per annum. Each rate must be an integral multiple of 5/100 of 1%, no rate may exceed 7%, and the net average rate on the entire issue may not exceed 7%. No more than ten interest rates may be specified. Principal and interest will be made payable at any suit- able bank in the United States designated by the successful bidder within 48 hours after award of sale, subject to approval by the Village Council, and the Village will pay the reasonable and customary paying agency charges. The Village will furnish and deliver anywhere in the continental United States, without cost to the purchaser and within forty days after award of sale, the printed and executed bonds and the unqualified approving legal opinion of bond counsel designated below. The successful bidder will be furnished with the approv- ing opinion of the law firm of Dorsey, Marquart, Windhorst, West & Halladay, of Minneapolis, Minnesota, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. Sealed bids may be mailed or delivered to the undersigned and must be received prior to the time above specified for the opening of bids, after which no bid may be withdrawn. Each bid must be unconditonal except as to legality, which may be condi- tioned upon the legal opinion specified above, and must be accompanied by a cashier's or certified check or bank draft in the amount of $19,900, payable to the Village Treasurer, to be retained by the Village as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid stat- ing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any discount bid) will be deemed the most favorable. No oral bid, and no bid of less than $988,000 for principal, plus accrued in- terest on all of the bonds, will be considered, and the Village Council reserves the right to reject any and all bids and to waive any informality in any bid. Dated April 9, 1973. BY ORDER OF THE VILLAGE COUNCIL BETTY POULIOT Village Clerk Village of New Hope, Minnesota 9. Each and all of the provisions of the foregoing form of notice are hereby adopted as the terms and conditions of said bonds and of the sale thereof. Mayor Attest: Village Clerk The motion for the adoption of the foregoing resolution was duly seconded by MemberW.Peter Enck , and upon vote being taken thereon, the following voted in favor thereof: Edward Erickson, W. Peter Enck, L. W. Hokr, Merle L. Johnson and Richard Plufka and the following voted against the same: none whereupon said resolution was declared duly passed and adopted and was signed by the Mayor which was attested by the Village Clerk. �Y RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS STREET IMPROVEMENT NO. 281 BE IT RESOLVED by the Village Council of the Village of New Hope: Pursuant to prior authorization, Bonestroo , Rosene , Anderlik & Associates, Inc. have prepared and presented plans and specifications for Street Improvement No. 281, and said plans and specifications are hereby approved, and the Village Clerk -Treasurer is authorized and directed to publish notice for taking bids in the official newspaper of the Village and in the Construction Bulletin. Dated the �E� day of April, 1973. Mayor Attest: �c -Treasurer RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE VILLAGE OF NEW HOPE, MINNESOTA PRESENT PLAT 62495 PARCEL 3100 (FOR SIR VEND ) BE IT RESOLVED by the Village Council of the Village of New Hope: I. 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 Secion 4.581 of the New Hope Village 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 Village 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 Village 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 Village of New Hope does hereby waive such compliance, and authorize the filing and record- ing 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: The South 296 19/100 feet of the North 743 37/100 feet of Lot 1, Block 1, Winnetka Industrial Park, to be divided as follows: Parcel A: The South 73 55/100 feet of the above-mentioned parcel. Parcel B: Residue. Subject to combination within thirty days of Parcel A with the Sir Vend property. Dated this . p3rd. day of ADIJi 8 973 Attest: Mayor k -Treasurer RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT NO. 285 BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. This Council held a public hearing the 23rd day of April, 1973, at 7: 30 oIclock P.M. at the Village Hall, 4401 Xylon Avenue North in said Village, on proposed Street Improvement No. 285 of the Village, after notice of said hearing was duly published as required by law in the New Hope -Plymouth Post, the official newspaper of the Village, on the 12th and 19th days of April, 1973. 2. That all persons desiring to be heard were given an opportunity to be heard hereon, and this Council having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby deter- mine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 3. 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. 4. Plans and specifications for the improvement, to be construced by the City of Crystal, have been reviewed and are approved. 5. The Mayor and Manager are authorized to enter into a joint powers agreement with the City of Crystal for the construction of said project. Adopted by the Village Council this 23rd day of April, 1973. Z�� I __e _& 4 r- CL -- Mayor Attest: ' /Clerk-Tresurer (S eal) 10 A RESOLUTION SUPPORTING SF 604 AND HF 640 WHEREAS, it has come to the attention of the Council that there are pending before the State Legislature several bills relating to proposed changes of the present gross earnings method of taxing Minnesota Railroads; and WHEREAS, the Council is of the opinion that Railroads should be taxed under the same method as other business corporations in the state, and that real estate belonging to Railroad's should be subject to ad valorem property taxes, as is all other privately owned property in the state, Railroads, thereby paying their fair share of local government expenses; and WHEREAS, it appears to the Council that Senate File 604 and House File 640 will fulfill both of the above objectives. NOW, THEREFORE, BE IT RESOLVED, that the Council endorses the above stated bill and requests the legisla- ture to act favorably thereon, and further that the Village Clerk be and hereby is authorized to send a copy of this resolution of support to the Governor, the Chair- man of the House and Senate Tax Committees, and the Senate and House Representatives from the Village's districts. Adopted this 23rd day of April, 1973. Edward . Erickson Mayor Attest: Be ouliot Village Clerk -Treasurer 42,- A 2,- A RESOLUTION IN SUPPORT OF HF 1403 WHEREAS, commercial, industrial and high rise residential occupancies pose a potential threat of life loss through fire, and WHEREAS, the present State Building Code provides only a minimum fire prevention standards for these occupancies, and WHEREAS, there is proposed state legislation that, if adopted, will enable the local municipality to enact fire prevention standards exceeding the minimum standards of the State Building Code. NOW, THEREFORE, BE IT RESOLVED, that the Village Council, Village of New Hope, Minnesota, does hereby endorse HF 1403 and requests the legislature to act favorably thereon, and further that the Village Clerk be and hereby is, authorized to send a copy of this resolution to the Senate and House Representatives for the Village's districts. Adopted this 23rd day of April, 1973. C___ ' /0ewarVdV. Erickson Mayo Attest: Bett ouliot Village Clerk -Treasurer 63 A RESOLUTION AMENDING JUNE 12, 1972 ANIMAL POUND CONTRACT WHEREAS, experience has shown that the expenses of operating the Good Shepherd Pet Hospital so as to con- form to the requirements established for it to serve as the Village dog pound are higher than anticipated. NOW, THEREFORE, BE IT RESOLVED, that the Village Council, Village of New Hope, does hereby authorize and direct the amendment of said contract so as to pro- vide in Section 8 for a $100.00 per month payment as administrative fees. Adopted this 23rd day of April, 1973. Edward . Erickson Mayor Attest: Be t ou1i0t Village Clerk -Treasurer f� ORDINANCE NO. 73- 9 AN ORDINANCE AMENDING SECTION 9.05 OF THE VILLAGE CODE RELATING TO PERMITS FOR CERTAIN OPEN BURNING Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 9.05 of the Village Code is hereby amended by adding thereto the following: "Subd. (4) 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 Village only upon issuance of a permit therefor by the Fire Chief. (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 Village shall be issued by the Fire Chief in accordance with regulations promulgated by the Village 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 Village Code. The Village 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. (2) Application. Any person desiring a permit as required by this section shall make application therefor to the Village Fire Chief on such forms as the Village 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). (c) Penalt . Penalty provisions shall be as provided hereinafter for Section 9.06." Section 2. This ordinance shall be effective from and after its passage and pubbication. Passed by the Village Council of the Village of New Hope this _�3 day of April, 1973. cl �Z rS Edward Erickson, Mayor i� Attest: M-ttqouliot, Clerk -Treasurer (Published in the New Hope -Plymouth Post 1973.) 6-511, ORDINANCE NO. 73-10 AN ORDINANCE ADDING SECTION 3.27, SUBD. (11) TO THE VILLAGE CODE RELATING TO CHECKING BUILDING PLANS AND SPECIFICATIONS BY THE BUILDING DEPARTMENT AND ESTABLISHING A FEE THEREFOR Village of New Hope, Minnesota The Village Council of New Hope ordains: Section 1. Section 3.27 of the Village Code is hereby amended by adding thereto - the following: "Subd. (11) Checking of Building Plans and Specifications by Building Department. (a) Requests for Checking Building Plans and Specifications. All requests for the Building Department to check plans and specifications for all new structures, except single family dwellings, to determine whether said plans and specifications are in conformity with the Village Code shall be submitted in accordance with regulations promulgated by the Village Manager upon such forms as prescribed by the Village Manager and accompanied by the fee as provided hereinbelow. (b) Fee. The applicant hereunder shall pay a fee in an amount equal to fifty percent (50%) of the potential building permit fee as provided in Section 3.04." Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this -.;,3 day of April, 1973. 9 r AEdw-d J. Erickson, Mayor Attest: tRVouliot, Clerk -Treasurer (Published in the New Hope -Plymouth Post 1973.) ,1,4' A RESOLUTION AUTHORIZING EXECUTION OF RELEASE AND SETTLEMENT OF CLAIM WITH WARE MANUFACTURING BE IT RESOLVED by the Village Council, Village of New Hope, Minnesota, that: 1. The Mayor and the Village Clerk are hereby authorized and directed to execute the release and settlement of claim in the sum of $10,148.29 with Ware Manufacturing Company. 2. The receipt of said $10,148.29 to be full satisfaction and a discharge of all claims occurred with respect to water and sewer service to Ware Manufacturing between January 1, 1963 and May 28, 1969. Adopted this 23rd day of April, 1973. c C� 4Ew r Erickson Mayor Attest: zee -1 _ y Pouliot Vi lage Clerk -Treasurer RESOLUTION COMBINING STORM SEWER IMPROVEMENT s �� NO. 282 WITH STORM SEWER IMPROVEMENT NO. 271A, �S APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, Storm Sewer Improvements 271A and 282 were separately initiated, and WHEREAS, it now appears feasible, in all respects, to combine the two projects as one public improvement, to be referred to as 271A, NOW THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope: Pursuant to prior authorization, Bonestroo, Rosene, Anderlik Ej Associates, Inc. have prepared and presented plans and specifications for Storm Sewer Improvement Nos. 271A and 282, and said plans and specifica- tions are hereby approved, and the Village Clerk -Treasurer is authorized and directed to publish notice for taking bids in the official newspaper of the Village and in the Construction Bulletin. Dated the day of ^,fid,, , / 1973. Edwar J . Erickson, Mayor Attest: _ Bett ouliot, Clerk -Treasurer G06 RESOLUTION AWARDING SALE OF $545,000 IMPROVEMENT BONDS OF 1973, $101,000 MUNICIPAL STATE -AID STREET BONDS AND $349,000 PARK BONDS OF 1973 BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, that the highest and best bid for the purchase of $545,000 Improvement Bonds of 1973, $101,000 Munici- pal State -Aid Street Bonds and $349,000 Park Bonds of 1973 of the Village, dated May 1, 1973, received pursuant to public adver- tisement for bids is that of the First National Bank of Saint Paul , of Saint Paul , Minnesota, and associates, said bid stating a price of $ 988,153.88 and accrued interest for bonds to be issued in accordance with the published notice of sale and to bear interest at the following rates per annum: Maturity Years Interest Rate 1974 4.50% 1975/1976 5.00% 1977 5.10% 1978/1983 4.65% 1984/1986 4.80% 1987 4.85% 1988 4090% 1989/1991 5.00% 1992/1993 5.10% Said bid is hereby accepted, and said bonds are hereby declared to be awarded to said bidder. The Mayor and Clerk are hereby author- ized to execute the contract for sale of said bonds to said bidder in behalf of the Village, and the good faith check of said bidder shall be held by the Village pending delivery of and payment for the bonds. The good faith checks of the other bidders shall be returned to them by the Clerk. - Dated the 14th day of May, 1973• Mayor Attest: - Clerk -Treasurer 6f RESOLUTION AUTHORIZING AND ESTABLISHING THE FORM AND DETAILS OF $545,000 IMPROVE- MENT BONDS OF 1973, AND APPROPRIATING SPECIAL ASSESSMENTS AND LEVYING TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the Council of the Village of New Hope, Minnesota, as follows: 1. The bonds of the Village whose sale was awarded on this date shall be designated as "Improvement Bonds of 1973," all payable primarily from the Improvement Bond Redemption Fund of the Village. They shall forthwith be issued and delivered to the First National Bank of Saint Paul , of Saint Paul , Minnesota , as the successful bidder therefor, in accordance with the official advertisement for bids heretofore published and the bid of said bidder accepted by the Council. Said bonds shall be dated as of May 1, 1973, shall be 109 in number and numbered seri- ally from 1 to 109, inclusive, each in the denomination of $5,000, and shall mature serially on February 1 in the years and amounts set forth below, and the bonds of each maturity shall bear interest at the rate per annum shown opposite the year of maturity, as follows: Year Amount Rate Year Amount Rate 1975 $40,000 5000% 1984 $35,000 4.80% 1976 40,000 5.00% 1985 25,000 4.80% 197/ 40,000 5.10% 1936 25,000 4.80% 1978 40,000 4.65% 1987 25,000 4.85% 1979 40,000 4,65% 1988 25,000 4.90% 1980 40,000 4.65% 1989 20,000 5.00% 1981 40,000 4.65% 1990 15,000 5.00`/0 1982 40,000 4.65% 1991 15,000 5.00% 1983 40,000 4.65% Interest shall be payable on each February 1 and August 1, commenc- ing on February 1, 1974. Bonds of said issue maturing in 1986 and later years shall each be subject to redemption and prepayment, at the option of the Village, on February 1, 1985, and any interest payment date thereafter, in inverse order of serial numbers, at par and accrued interest, on notice of call for redemption published not not less than 30 days prior to the date specified 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 and furnishes financial news as a part of its service. Such notice shall also be mailed to the bank at which principal and interest are then payable, but published notice shall be effective without mailing. The principal of and interest on said bonds shall be payable at the First National Bank of Saint Paul , in Saint Paul , Minnesota , and the Village agrees to pay the reasonable and cu3tomary charges of said paying agent for the receipt and disbursement thereof. 2. Said bonds and the interest coupons appurtenant thereto snail be in substantially the following form: -1- UNITED STATE'S OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF NEW HOPE IMPROVEMENT BOND OF 1973 No. $5,000 KNOW ALL PEN BY THESE PRESENTS that the Village of New Hope, Hennepin County, Minnesota, acknowledges itself to be indebt- ed and for value received promises to pay to bearer the sum of FIVE THOUSAND DOLLARS on the lst 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 redemption, the interest on said bonds being pay- able on each February 1 and August 1, commencing on February 1, 197, and interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the in- terest coupons appurtenant hereto. Both principal and interest are payable at , in , , in any coin or currency of the United States of America which on the respective dates of payment is legal Lender for public and private debts. For the prompt and full payment of said principal and interest as the same respectively become due, the full faith, credit and unlimited taxing powers of said Village have been and are hereby irrevocably pledged. This bond is one of an issue in the aggregate principal amount of $55,000, all of like date and tenor except as to serial number, interest rate, maturity and redemption privilege, issued for the purpose of defraying expenses incurred and to be incurred in constructing certain local improvements in said Village, and for the purpose of paying and refunding principal of certain improve- ment bonds issued in 1970, 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 Village, 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 1985 and earlier years are payable on their respective stated maturity dates, without option of prior payment. Bonds of this issue maturing in 1986 and later years are each subject to redemption and prepayment, at the option of the Village, on February 1, 1985, and any interest payment date thereafter, at par 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. -2- g fl t - 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 male it a valid and binding general obligation of said Village 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 Village has duly levied ad valorem taxes upon all taxable property within its corporate limits for the years required and in amounts sufficient, with the estimated collections of special assessments heretofore or hereafter levied and appropri- ated to said Redemption Fund to produce sums not less than 5% in excess of the amounts required to pay the principal of and interest on the bonds of this issue as such principal and interest respectiv- ely become due, and additional taxes, if needed for said purpose, may be levied upon all taxable property within the Village 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 said Village to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the Village of New Hope, Hennepin County, Minnesota, by its Village 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 Village Manager, and by a facsimile of the official corporate seal printed hereon, and has caused the interest coupons appurtenant hereto and the certifi- cate on the reverse side hereof to be executed and authenticated by the facsimile signatures of said officers, all as of May 1, 1973. (Facsimile signature) Village Manager Mayor -3- Lf - e (Form of Coupon) New On the lst day of February (August), 19 , unless the bond described below is subject to and has been duly called for earlier redemption, the Village 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 1973, dated May 1, 1973, No. (Facsimile signature) (Facsimile signature) Village Manager Mayor (Form of certificate to be printed following the legal opinion on the back of each bond) 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 Village 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) Village Manager Mayor -4- q 69-W 3. Said bonds shall be forthwith prepared for execution under the direction of the Village Clerk, and shall then be executed by a printed facsimile of the signature of the Mayor and the manual signature of the Village Manager and by a printed facsimile of the corporate seal of the Village, and the appurtenant interest coupons and the certificate as to legal opinion on the back of each bond shall be executed and authenticated by the printed, lithographed or engraved facsimile signatures of said Mayor and Village Manager. When so executed, the bonds shall be delivered by the Treasurer to the purchaser thereof, upon payment of the purchase price heretofore agreed upon, and said purchaser shall not be obligated to see to the application of the purchase price. Said purchase price shall, however, be applied as follows: To the funds of the improvements designated in paragraph 1 of the resolution calling for sale of the bonds adopted on April 9, 1973 $139,551 To the redemption of a portion of $700,000 Temporary Improvement Bonds of 1970, Series A and B. dated October 1, 1969 398,449 $5381000 All bond proceeds in excess of $538,000 received upon delivery from the purchaser shall be credited to the Improvement Bond Redemption Fund. 4. The full faith and credit of the Village shall be and is hereby pledged to the prompt and full payment of said bonds and the interest thereon. In accordance with said Ordinance No. 57-20, as amended, it is hereby estimated that special assessments have been or will be levied in respect of said improvements shown below, payable in the years set forth below, and that the uncollected amount of such assessments and the rate of interest payable thereon are as follows: Improvement Amount Years of Rate of No. Uncollected Collection Interest 82B and 82D $ 23898.50 1973-83 6% 93A 40,764.96 1973-84 6% 124 Street 1,435.07 1973-80 6% 127A (Water Lateral) 2,340.65 1973-86 6% 127A (Sewer Lateral) 5,933.85 1973-86 6% 14OA (Water Lateral) 63077.76 1973-85 6% 14OA (Sewer Lateral) 6,654.84 1973-85 6% -5- Improvement No. 191 (Sewer Lateral) 191 (Water Lateral) 192 (Street) 192 (Storm Sewer 252 253 (water) 253 (Sewer) 254 264 268 273 6 f- e - Amount Years of Rate of Uncollected Collection Interest $25,006.24 1973-87 6% 15,361.92 1973-87 6% 35,574.80 1973-83 6% 11,579.60 1973-83 6% 13,469.89 1973-80 8% 23,112.52 1973-90 8% 26,913.04 1973--90 a% 27,6ol.44 1973-85 8% 98,651.00 1973-83 8% 23,470.00 1973-83 8% 123430.00 1973-83 8% 6S/ Interest on deferred installments of said special assessments is or shall be payable at the rate per annum above shown, the first install- ment including interest.from the date of the resolution levying the assessment to December 31 of the year in which such installment is payable, each subsequent installment including interest for one year on the then unpaid -balance of the assessments. For the purpose of producing the additional sums required by said ordinance for the pay- ment of principal and interest on said bonds and upon all other bonds payable from the Improvement Bond Redemption Fund, there is hereby levied upon all taxable property within the corporate limits of the Village a direct, annual, ad valorem tax to be spread upon the tax rolls of the following years, in the respective amounts set opposite said years, and collected in the respective ensuing years: Levy Collection Year Year Amount 1973 1974 $43,600 1974 1975 _22,600 1975 1976 22,300 1976 1977 22,000 1977 1978 213800 1978 1979 21,700 1979 1980 21,500 1980 1981 23,600 1981 1982 23,300 Levy Collection Year Year Amount 1982 1983 $17,700 1983 1984 17,600 1984 1985 20,600 1985 1986 23,400 1986 1987 23,200 1987 1988 203,000 1988 1989 13,900 1989 1990 13,400 Said levy shall be irrepealable except as provided in said Ordinance No. 57-20. 5. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Hennepin County and to obtain said Auditor's certificate in accordance with said ordin- ance; and the officers of the Village and County are hereby author- ized and directed to furnish to the purchaser of said bonds, and to the attorneys approving the legality thereof, certified copies of all ordinances, resolutions and other actions and proceedings of the Village relating to the issuance of said bonds, and certificates and affidavits as to a]_1 such other matters as may be required by them to evidence the legality and marketability of said bonds, and all such certified copies, certificates and affidavits, including arty heretofore furnished, shall be deemed recitals of the Village of New Hope as to the correctness of all statements contained there- in. Dated the 14th day of May, 1973. j Mayor Attest: -2 rz4c lerk-Treasurer -7- �v RESOLUTION ESTABLISHING FORM AND DETAILS AND AUTHORIZING E`rr_ECUTION AND DELIVERY OF $101,000 MUNICIPAL STATE -AID STREET BONDS, APPROPRIATING STATE -AID STREET ALLOTMENTS TO THEIR PAYMENT, AND PLEDGING THE FULL FAITH AND CREDIT OF THE VILLAGE BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: 1. It is hereby found and determined that under and pur- suant to the provisions of Minnesota Statutes, Section 162.18, this Council has determined to issue negotiable coupon general obligation bonds of the Village for the purpose of constructing, reconstructing and improving municipal state -aid streets in the Village; and that the bonds herein authorized are necessary to be issued for said pur- pose and have been duly advertised at public sale and sold upon the terms hereinafter stated. The proceeds of said bonds are hereby appropriated to be used solely for the construction, reconstruction and improvement of approved municipal state -aid street projects within the Village. 2. Said bonds shall be designated as "Municipal State -Aid Street Bonds," shall be dated as of May 1, 1973, shall be 21 in number and numbered from 1 to 21, inclusive, each in the denomina- tion of $5,000, except bond No. 1, which shall be in the denomination of $1,000, and shall mature serially on February 1, without option of prior payment, in the years and amounts set forth below, the bonds of each annual maturity bearing interest from date of issue until paid at the rate per annum set forth opposite the year of such maturity, as follows: Interest Interest Year Amount Rate Year Amount Rate 1974 $11,000 4.50'/ 1979 $10,000 4.65% 1975 10,000 5.00% 1980 10,000 4.650/. 1976 10,000 5.007, 1981 10,000. 4.65% 1977 10,000 5.10% 1982 10,000 4.65% 1978 10,000 4.65% 1983 10,000 4.65% Interest shall be payable on each February 1 and August 1, commenc- ing on February 1, 1974. The bonds and interest thereon shall be payable at the First National Bank of Saint Paul , in Saint Paul , Minnesota , and the Village hereby agrees to pay the reasonable and customary charges of said paying agent for the receipt and disbursement of the principal and interest moneys. 3. Said bonds and the interest coupons to be attached thereto shall be in substantially the following form: -1- 7D_.G UNITED STATES OF AMERICA STATE OF -MINNESOTA COUNTY OF HENNEPIN VILLAGE OF NEW HOPE MUNICIPAL STATE -AID STREET BOND No. $5,000 KNOW ALL MIEN BY THESE PRESENTS that the Village of New Hope, in the County of Hennepin, State of Minnesota, acknowledges itself indebted and for value received promises to pay to bearer the principal sum of FIVE (ONE) THOUSAND DOLLARS on the lst day of February, 19 , without option of prior payment, and promises to pay interest on said principal sura from the date hereof until said principal sum is paid, at the rate of per cent ( %) per annum, all interest being pay- able on each February 1 and August 1, commencing on February 1, 1974, interest to maturity being payable in accordance with and on presen- tation .and surrender of the interest coupons appurtenant hereto. Both principal and interest are payable at , in , Minnesota, and are payable in any coin or currency of the United States of America which on the date of payment is legal mender for public and private debts. For the prompt and full payment of such principal and interest, the full faith, credit and unlimited taxing powers of +Lhe-I- vTillage have been and are hereby irrevocably pledged. This bond is one of an issue in the aggregate principal amount of $101,000, all of like date and tenor except as to serial number, denomination, maturity and interest rate, issued for the purpose of constructing, reconstructing and improving municipal state--aid-streets within the Village, by authority of resolutions duly adopted by its Village Council, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 162.18. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen, to exist and to be performed pre- cedent to and in the issuance of this bond, in order to make it a valid and General obligation of the Village according to its terms, have been done, have happened, do exist, and have been performed in regular and due form, time and manner as so required; that the issuance of this bond did not cause the indebtedness of said Village to exceed any constitutional or statutory limitation; that, prior to the issuance hereof, the Village Council has by resolution irre- vocably pledged and appropriated to a separate and special sinking fund, to be maintained for the payment of this and other bonds issued under said Minnesota Statutes, Section 162,18, as long as any such bonds are outstanding, an amount of the moneys allotted and to be allotted to the Village from its account in the Municipal -2- 7,0 -1 - State -Aid Street Fund of the State, sufficient to pay when due the principal of and interest on all such bonds; and that in the event that the moneys so allotted and transferred to the sinking fund should be insufficient to pay such principal and interest when due, the Village is obligated to pay the same from any moneys on hand in other funds of the Village and availablr for such purpose; and that general ad valorem taxes, if needed for such payments, may be levied without limitation as to rate or amount. IN WITNESS WHEREOF the Village of New Hope, Minnesota, has caused this bond to be executed in its behalf by the printed facsimile signature of its Mayor, attested by the manual signature of its Village Manager, and by a printed facsimile of its official seal, and the interest coupons appurtenant hereto and the certifi- cate on the reverse side hereof to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of May 1, 1973. Attest: Village Manager (Facsimile signature) Mayor (Form of Coupon) No. On the lst day of February (August), 19 New Hope, Minnesota, will pay to bearer at , in the sum shown hereon in lawful money of America for interest then due on its Municipal Bond, dated May 1, 1973, No. (Facsimile signature) Village Manager , the Village of of the United States State -Aid Street (Facsimile signature) Mayor (Form of certificate as to opinion of bond counsel, to be printed on the back of each bond) 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 Village of New Hope, Minnesota, which includes the within bond, dated as of the date of delivery of and payment for the bonds. (Facsimile signature) Village Manager -3- (Facsimile signature) Mayor 76, - (!_ 4. Said bonds shall be prepared for execution under the direction of the Village Attorneys, and when so prepared shall be executed on behalf of the Village by the printed facsimile signature of the Mayor, attested by the manual signature of the Village Manager, and by a facsimile of the official Village seal printed thereon; and the interest coupons and certificate as to the opinion of bond counsel shall be executed and authenticated by the printed, litho- graphed or engraved facsimile signatures of the Mayor and Village Manager. When the bonds have been so executed they shall be delivered by the Village Treasurer to the purchaser thereof, and the purchaser shall not be required to see to the application of the purchase price; however, any bond proceeds received in excess of $101,000 shall be paid into the Sinking Fund hereinafter created. 5. The Village Treasurer shall continue to maintain on the official books and records of the Village, as long as the bonds herein authorized are outstanding, a separate and special sinking fund heretofore created and designated as the "Municipal State -Aid Street Bond Sinking Fund", the moneys in which shall be used solely for the payment of the principal of and interest on the bonds herein described, and on any other general obligation Municipal State -Aid Street Bonds heretofore or hereafter issued under the authority cited in paragraph 1, and directed by the Village Council to be paid from such fund. If at any time the moneys in said fund should'be insufficient to pay all principal and interest due on such bonds, the Village Treasurer shall nevertheless pay the same from any moneys on hand in other funds of the Village and available for such purpose, and the moneys so used shall be restored to the appro- priate funds from the moneys next received by the Village from the Construction or Maintenance Account in the Municipal State -Aid Street Fund of the State, which are not required for the payment of additional principal and interest. There is hereby irrevocably appropriated to said fund, out of the moneys allotted and to be allotted to the Village from its account in the Municipal State - Aid Street Fund of the State, such amount as shall be sufficient to pay the principal of and the interest on the bonds herein described, as such principal and interest respectively become due, on the dates and in the amounts as follows: -4- Principal Interest Year .(February 1) February, 1 August 1 1974 $11,000 $3,596.19 $2,150.00 1975 10,000 21150.00 1,900.00 1976 10,000 1,900.00 1,650.00 1977 10,000 1, 650.00 1,395.00 1978 10,000 12395.00 1,162.50 1979 10,000 12162.50 930.00 1980 10, 000 930.00 697.50 1981 10,000 697.50 465.00 1982 10)000 465.00 232.50 1983 10,000 232.50 -4- The Village Clerk is hereby authorized and directed to certify the above amounts forthwith to the Commissioner of Highways of the State of Minnesota. 6. For the prompt and full payment of said principal and interest when due the full faith, credit and unlimited taxing powers of the Village shall be and are hereby irrevocably pledged. It is estimated that the municipal state -aid street allotments appropri- ated in paragraph 5 will produce, and will permit to be paid into the Municipal State -Aid Street Bond Sinking Fund, annual sums not less than 50' in excess of the amounts needed to meet when due the principal and interest on said bonds. 7. The Village Clerk is hereby authorized and directed to file with the County Auditor of Hennepin County, Minnesota, a certified copy of this resolution, together with such other inform- ation as the County Auditor may require, and to obtain from said Auditor prior to the delivery of the bonds herein described a cer- tificate that said issue has been entered upon his bond register. 8. The officers of the Village and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the purchaser of said bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the Village relating to said bonds, and such other affidavits and certificates as may be required to show the farts relating to the legality and marketability of the bonds, as such facts appear from the Village's books and records in their custody and control or are otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Village as to the correctness of all statements contained therein. Attest: Dated the 14th day of May 1973'.. i ' Mayor G Clerk -Treasurer -5- 7t RESOLUTION DETERMINING THE FORM AND DETAILS OF $349;000 PARK BONDS OF 1973 OF THE VILLAGE, CREATING A SINKING FUND THEREFOR, AND LEVYING TAXES FOR THE PAYi'tENT THEREOF BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. The Village shall forthwith issue its negotiable coupon general obligation Park Bonds of 1973 in the aggregate prin- cipal amount of $349,000, all dated May 1, 1973, said bonds to be 73 in number and numbered 1 through 73, each in the denomination of $5,000, except bonds numbered 1, 2, 3 and 4, which shall be each in the denomination of $1,000. Said bonds shall mature serially, in order of serial numbers, on February 1, in the amounts shown below opposite the respective stated maturity years, and the bonds of each annual maturity shall bear interest until paid or duly called for redemption at the rate per annum shown opposite such year of maturity, as follows: Maturity Principal Rate of Maturity Principal Rate of Year Amount Interest, % Year Amount Interest, 1976 $14,000 5.00% 1985 $25,000 4.80% 1977 15,000 5.10% 1986 25,000 4.807. 1978 15,000 4.65% 1987 25,000 4.85% 1979 15,000 4.657. 1988 203000 4.907. 1980 15,000 4.65% 1989 203000 5.00% 1981 20,000 4.657. 1990 203000 5.00% 1982 20,000 4.65% 1991 203000 5.007. 1983 203000 4.657. 1992 203000 5.10% 1984 20,000 4.80% 1993 203000 5.107. Bonds of said issue maturing in 1986 and later years shall each be subject to redemption and prepayment, at the option of the Village, on February 1, 1985, and any interest payment date thereafter, at par value plus accrued interest, upon notice of call published not less than 30 days prior to the date specified for redemption in a weekly or daily 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 regular service. The Village Treasurer shall also mail such notice to the bank at which principal and interest are then payable, but published notice of call shall be effective without mailing. Interest on said bonds shall be payable on each February 1 and August 1, commen- cing on February 1, 1974. The principal of and interest on said bonds shall be payable at the First National Bank of Saint Paul , in Saint Paul , Minnesota , and the Village agrees to pay the reasonable charges of such paying agent. 2. Said bonds and the interest coupons to be thereto attached shall be in substantially the following form: -1- :71-,<, UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF NEW HOPE PARK BOND OF 1973 No. KNOW ALL MEN BY THESE PRESENTS that the Village of New Hope, Hennepin County, Minnesota, acknowledges itself to be indebt- ed and for value received promises to pay to bearer the sum of THOUSMID DOLLARS on the lst day of February, 19 , or, if this bond is redeemable as stated below, on a date prior thereto on which this bond shall have been duly called for earlier redemption, and to pay interest thereon from the date hereof until said principal sum be paid, or until this bond, if redeemable, has been duly called for redemption, at the rate of per cent ( %) per annum, payable on each February 1 and August 1, commencing on February 1, 1974, interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons hereto attached. Both prin- cipal and interest are payable at , in 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, naymPnt of such nri_ncl_nal_ and inter- est as the same become due, the full faith, credit and taxing powers of the Village are hereby irrevocably pledged. This bond is one of an issue of $349,000 aggregate princi- pal amount, all of like date and tenor except as to denomination, maturity, interest rate and redemption privilege, issued by said Village for the purpose of park development and improvement and appurtenant facilities, and is issued pursuant to the requisite majority vote of the electors of the Village voting at an election duly called and held in and for said Village, and pursuant to reso- lutions duly adopted by the Village Council and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling. Bonds of this issue maturing in 1985 and prior years are payable on their respective stated maturity dates, without option of prior payment, but the bonds of this issue maturing in 1986 and later years are each subject to redemption and prepayment, at the option of the Village, on February 1, 1985, and any interest payment date thereafter, at par value plus accrued interest, upon notice of call published not less than 30 days prior to the date specified for redemption, in a financial periodical published in a Minnesota city of the first class or its metropolitan area. IT IS HEREBY CERTIFIED AND RECITED 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 -2- 71 G - precedent to and in the issuance of this bond have been done, do exist, have happened, and have been performed in regular and due form, time and manner as so required; that prior to the issuance hereof, a direct, annual, irrepealable, ad valorem tax has been duly levied upon all of the taxable property in said Village for the years and in amounts at least 5% in excess of sums sufficient to pay the interest hereon and the principal hereof as they respec- tively become due, and additional taxes, if needed, will be levied upon all of such property without limitation as to rate or amount; and that this bond, together with all other indebtedness of the Village outstanding on the date hereof and on the date of its actual issuance and delivery, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the Village of New Hope, Hennepin County, Minnesota, by its Village Council, has caused this bond to be executed in its behalf by the facsimile signature of the Mayor, attested by the manual signature of the Village Manager, and sealed with its corporate seal, and the attached interest cou- pons and the certificate on the reverse side hereof to be executed and authenticated by the facsimile signatures of said Mayor and Manager, all as of May 1, 1973. Attest: Village Manager (Form of Coupon) No. Mayor On the lst day of February (August), 19 , unless the bond described below is subject to and has been duly called for earlier redemption, the Village of New Hope, Hennepin County, Minnesota, will pay to bearer at , in , the sum shown hereon for interest then due on its Park Bond of 1973, dated May 1, 1973, No. (Facsimile signature) (Facsimile signature) Village Manager Mayor -3- �7/-C (Form of certificate to follow legal opinion on back of bonds) 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 Village 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) Village Manager Mayor 9/-'� 3. Said bonds shall be prepared under the direction of the Village Manager and when so prepared shall be executed in behalf of the Village by the facsimile signature of the Mayor, attested by the manual signature of the Village Manager, and sealed with the corporate seal of the Village, and the interest coupons and the certificate as to opinion of bond counsel shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of the Mayor and Manager. When said bonds have been so executed and authenticated, they shall be delivered by the Village Treasurer to the purchaser on receipt of the purchase price hereto- fore agreed upon, and said purchaser shall not be required to see to the application thereof. However, any proceeds of issuance of said bonds in excess of $3+9,000 shall be paid into the sinking fund for said Park Bonds described in paragraph 4 of this resolu- tion immediately following. 4 . There shall continue to be maintained as long as any of said bonds remain outstanding the sinking fund for park bonds created by resolution of this Council adopted on September 23, 1968, which fund shall be kept by the Treasurer apart from all other funds of the Village and used for no purpose other than payment of principal and interest on said bonds and on any other bonds made payable from said fund, provided, that if any payment of principal and interest shall become due when there is not sufficient money in said fund therefor, the Treasurer shall pay the same from the general fund of the Village, and said general fund shall be reim- bursed for such advances out of the proceeds of altaxes levied pursuant to this resolution and all other moneys received for or appropriated to the payment of said bonds and interest. All collec- of the taxes hereinafter levied shall be paid into said fund. 5. For the prompt and full payment of the principal and interest on said bonds as the same respectively become due, the full faith, credit and taxing powers of the Village shall be and are hereby irrevocably pledged. To provide moneys for the payment thereof, there is hereby levied upon all of the taxable property in the Village, a direct, annual, ad valorem tax which shall be spread upon the tax rolls collectible in the years and in amounts as follows, together with and as a part of other general taxes of the Village: Levy Collection Levy Collection Year Year Amount Year Year Amount 1973 1974 $31,200 1982 1983 $32,100 1974 1975 32,500 1983 1984 36,400 1975 1976 32,800 1984 1985 35,100 1976 1977 32,000 1985 1986 33,800 1977 1978 31,300 1986 1987 27,300 1978 1979 30,500 1987 1988 26,300 1979 1980 35,000 1988 1989 25,300 1980 1981 34,100 1989 1990 24,200 1981 1982 33,100 1900 1991 23,100 1991 1992 22,100 -5- '7/--d- Said tax shall be irrepealable as long as any of said bonds are outstanding and unpaid; provided, that the Village reserves the right and power to reduce the levies in the manner and to the ex- tent permitted by Minnesota Statutes, Section 475.61. 6. The Village Clerk is hereby authorized and directed to file with the County Auditor of Hennepin County a certified copy of this resolution, together with such other information as the County Auditor may require, and to obtain from said County Auditor a certificate that the tax required by law for the payment of said bonds has been levied and that said bonds have been entered upon his bond register. 7. The officers of the Village and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the purchaser of said bonds, and to the attorneys approving the legality of the issuance thereof certified copies of all proceedings and records of the Village relating to said bonds and to the financial condition and affairs of the Village, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketabil- ity of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Village t-0 the facts rccit%d therein. Dated the 14th day of May, 1973• i Mayor Attest: Clerk -Treasurer 72— RESOLUTION Z RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE VILLAGE OF NEW HOPE, MINNESOTA PRESENT PLAT 62218 PARCEL 260 (FOR New Hopp Shnpping ranter ) (Planning Case No. 73-22) BE IT RESOLVED by the Village Council of the Village 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 Seclon 4.581 of the New Hope Village 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 Village 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 Village 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 Village of New Hope does hereby waive such compliance, and authorize the filing and record- ing of conveyances using substantially the legal description contained in the following paragraph: 4. Premises in the County of Hennepin, State of Minnesota described as follows: Parcel A. (Newly created lot) The North 133.65 feet of that part of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 thereof, Section 18, Township 118, Range 21, lying South of the North 594.95 feet thereof as measured along the East and West lines thereof. Parcel B. Residue. Newly created lot (Parcel A) to be combined with property to the north. Dated this 14th day of May, e p973 Attes Mayor erk-Treasurer '>-3 RESOLUTION AWARDING CONTRACT FOR STREET IMPROVMENT NO. 281 (38TH AVENUE NORTH, OREGON TO MARYLAND AND CONCRETE SIDEWALK 36TH AVENUE NORTH, HILLSBORO TO COUNTY ROAD 18) BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. That bids for the construction of Street Improvement No. 281 were duly opened at the New Hope Village Hall, 4401 Xylon Avenue North, at 2 o'clock A.M. on the day of May, 197? is heretofore authorized by the Council. 2. That advertisement for bids for the construction of said improvement were published in the New Hope -Plymouth Post, the official newspaper of the Village on April 9th and 16th, 1973; and in the Construction Bulletin on June 9th and 16th, 1973. 3. It is hereby found and determined by this Council that the bid of C. S. Mc Crossan, Inc. for the construction of said project in the amount of $94,896.00 is the lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik a Associates, Inc. , Engineers for the Village, have recommended to this Council the said low bid for the award of the contract for the con- struction of the improvement; and this Council does hereby award the contract for the construction to designated lowest responsible bidder. 4. The Mayor and Clerk -Treasurer are authorized and directed to enter into an improvement contract for the construction of said improvement, in the name of the Village with said lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the Council this 14th day of May, 1973. Mayor Attest:G'� RESOLUTION AWARDING CONTRACT FOR SEWER AND WATER IMPROVEMENT NO. 283 NAGELL'S 1ST ADDITION BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. That bids for the construction of Sewer and Water Improvement No. 283 were duly opened at the New Hope Village Hall, 4401 Xylon Avenue North, at 2 o'clock P . M . on the 10th day of May, 1973, as heretofore authorized by the Council. 2. That advertisement for bids for the construction of said improvement were published in the New Hope -Plymouth Post, the official newspaper of the Village on April 26th and May 3rd, 1973; and in the Construction Bulletin on April 23rd and 30th, 1973. 3. It is hereby found and determined by this Council that the bid of Erwin Montgomery Construction Co. for the construction of said project in the amount of $14,158.00 is the lowest responsible bid submitted for the construction of said improvement; that Orr, Schelen, Mayeron and Associates, Inc. , Engineers for the Village, have recommended to this Council the said low bid for the award of the contract for the construction of the improvement; and this Council does hereby award the contract for the construction to designated lowest responsible bidder. 4. The Mayor and Clerk -Treasurer are authorized and directed to enter into an improvement contract for the construction of said improvement, in the name of the Village with said lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the Council this 14th day of May, 1973. E dw'Erickson, Mayor Attest: e. �u ' of , Clerk -Treasurer (Seal) -7-51, RESOLUTION - APPROPRIATION OF MUNICIPAL STATE - AID FUNDS TO C.S.A.H. OR T.H. PROJECT WHEREAS, it has been deemed advisable and necessary for the Village of New Hope to participate in the cost of a construction project located on C.S.A.H. No. 10 within the Iimits of said municipality, and WHEREAS, Said construction project has been approved by the Department of Highways and identified in its records a S.A.P. No. 182-020-02. NOW THEREFORE, BE IT RESOLVED: That we do hereby appropriate from our Municipal State -Aid Street Funds the sum of $7,000 dollars to apply toward the construction of said project and request the Commissioner of Highways to approve this authorization. Mayor C E R T I F I C A T I O N I hereby certify that the above is a true and oorrect copy of a Resolution presented to and adopted by the Council of the Village of New Hope , Minnesota, at a duly authorized meeting thereof held on the day of 79 %3 as shown by the minutes of said meeting in my possess on. C _ ( ) (Village CIerk (Seal) RESOLUTION (City) (ViIIage) of o 21. RESOLUTION REGARDING CHANGE IN DIRECTION FOR HENNEPIN COUNTY LEAGUE OF MUNICIPALITIES WHEREAS, in recent years there has been a proliferation of policies and laws emanating from federal, state, county, and metropolitan juris- dictions which have had the effect of transferring tremendous resources from suburban areas to inner city areas, and WHEREAS, the suburban and outer community areas are divided, many in number, and without a cohesive and united organization to represent its interests, and WHEREAS, not having a cohesive organization, there does not exist research, data, and staff wherein suburban area communities can defend and advance their several interests, and WHEREAS, ther inner cities have large staffs, full-time councils and mayors, and many organizations, e.g., The Citizens League, Urban League, Downtown Council, Chamber of Commerce, and many other civic/re- ligious groups, etc., all of whom continually emphasize the problems and needs of the inner cities, and WHEREAS, the media also supports inner city positions through con- tinous and expanded news coverage in relation to the suburbs as well as an apparent bias which favors the inner city viewpoint, and WHEREAS, suburban area legislators, congressmen, and other repre- sentatives lack proper data and support from their municipal constitu- ents and are therefore unable to effectively represent the fair and best interests of the suburban area citizens, and WHEREAS, it is our belief that we are responsible to see that our citizens receive fair and equitable consideration in legislative and policy making activities, NOW, THEREFORE, BE IT HEREBY RESOLVED that the Village of New Hope supports and encourages that the following steps be taken by the Hennepin County League of Municipalities Board of Directors: 1. Redirect Hennepin County League of Municipalities ob- jectives so as to give increased and more vigorous -2 - emphasis to the needs of the suburban and outer com- munities; 2. Strengthen the Hennepin County League of Municipal- ities organization and its functions so as to make possible an expanded and more active role; 3. Increase the Hennepin County League of Municipalities budget and dues schedule to finance the operations of the larger staff and increased activity; AND BE IT FURTHER RESOLVED that the Village of New Hope will support the above three steps which will be officially voted upon at the next general membership meeting to be held on May 24, 1973. Adopted by the Village Council this 14th day of May, 1973. Attest: PAt ouliot Village Clerk -Treasurer 77 #23 A RESOLUTION ESTABLISHING MILEAGE REIMBURSEMENT WHEREAS, Minnesota Statues, Section 350.11 as amended, authorizes municipal governing bodies to establish a policy of reimbursement to officers and employees for the use of their personal automobile on official business of the Village or to provide transportation for officials and employees. NOW, THEREFORE, BE IT RESOLVED by the Village Council, Village of New Hope, Minnesota: 1. Village employees and officials shall be reimbursed for the use of their own vehicles on Village business at the rate of i3 cents per mile. 2. Claims for reimbursement made pursuant to this resolu- tion shall be submitted upon forms and under procedures established by the Village Manager. 3. Those employees currently receiving a monthly allow- ance for use of their private vehicles shall continue to do so through the 1973 budget year except they shall have the option to select a per mile allowance if they prefer. 4. The Village Manager is hereby directed and authorized to establish a list of those Village employees who shall be permitted to drive Village vehicles to and from work. Approval by the Village Manager shall be subject to the Village Council being furnished and approving a list of said employees each year at the time of budget preparation. Adopted this 14th day of May, 1973. Edward, J Erickson Mayor Attest: Betty' ou I i of Vi I lags Clerk -Treasurer 7s - RESOLUTION CONSIDERING BURGER KING VARIANCE REQUESTS AT MIDLAND SHOPPING CENTER, 27TH AVENUE NORTH AND WINNETKA AVENUE NORTH, AND APPROVING SAME (PLANNING CASE 73-16) BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota: 1. Chapter 462 of the Minnesota Statutes authorizes the Village Council with the aid and assistance of the Village Planning Commission to carry on municipal planning activities which guide future development and improvement of our community. 2. Section 462.357 provides specific authorization as planning relates to zoning and land use and authorizes the Village to adopt ordinances establish- ing uses within different zoning districts, and to provide for variances from the literal provisions of said statutes and local ordinances. 3. The City has enacted a zoning ordinance and established permitted uses and special use permits for the individual districts and has provided for a variance procedure and is attempting to plan and guide future development of the community. 4. A public hearing was scheduled for Planning Case No. 73-6, Site Plan Approval, for a Burger King restaurant, on February 6, 1973, said restaurant to be located in the main part of the Midland Shopping Center at the North end. This public hearing was continued several times, and ultimately was readvertised and presented to the Planning Commission as Planning Case No. 73-16 on April 17, 1973, and the minutes of that hearing are before this Council. 5. The proposal of the petitioners has been revised under 73-16 to place the proposed restaurant on a site presently occupied by a closed gasoline service station on the Northwest corner of 27th Avenue North and Winnetka Avenue North, said site being immediately adjacent to the Midland Shopping Center. 6. The Planning Commission has recommended approval of the proposed use of this site, with variances as to lot, building size and setbacks, a joint parking agreement with Midland Shopping Center, and striping of parking stalls. 774- 7. This Council, sitting as a Board of Appeals and Adjustments, has before it the minutes and recommendations of the Planning Commission, the statements and arguments of proponents and opponents of the proposed use and required variances, has reviewed and approved the minutes of its meeting of April 23, 1873, and being fully informed as to the premises in questions, makes the following findings of fact: A . The subject site is approximately . 33 of an acre, and was this same size at the time this entire shopping center complex was zoned for retail business (RB) . The subject site is bordered on two sides by major arterial streets, on the other two sides by the Midland Shopping Center, also zoned RB, consisting of ap- proximately 7.7 acres. The Village Code requires 3 acres as a minimum for RB use. B. The two aforementioned RB sites are owned by different parties, and were so owned before the adoption of the present zoning ordinance. C. Due to the size and separate ownership of the subject property, a variance as to parcel size, building size and setbacks is inevitable if the property is to be used for RB purposes, a circumstance clearly unique to the individual property under consideration. To not permit variances of the natures requested would cause undue hardship by minimizing the economic potential of this strategically placed property and causing virtual confiscation of the property and would be contrary to the longstanding zoning of the premises. By leasing parking space from its larger neighbor, the Midland Shopping Center, and by relinquishing its proposed location within the Midland Shopping Center, petitioner has made 10 additional stalls for parking available to this RB zoned area, considered as a whole, which, considering today's parking and traffic problems, has a definite beneficial relationship to the public health, safety and welfare. D. Of the arguments raised by objectors, there is no difference between the proposal before this Board as to 4.01(3) (conservation of the value of land and buildings) , or 4.01(5) (stability of residential neighborhoods) , or 4.01(6) a minimum of congestion in the public streets, or 4.01(7) (compatibility between different land uses) than if the proposed development was placed in the main body of the adjacent Midland Shopping Center. Both properties are zoned for RB use, and the proposal before this Board meets all criteria for the variances requested. - 2 - 786' E. The new restaurant has been placed where now proposed at the request of the Planning Commission, and with concurrence of this Board, is considered to be a substantial improvement as to traffic patterns. If, as objectors claim, this use, authorized by ordinance, will generate additional traffic, the traffic from outside the shopping center will be perimeter traffic, unless it brings more traffic into the center itself for the retail business purposes for which it is designed and zoned. F. As to parking, 572 spaces are provided and will be marked. 548 are required, according to the most current review of uses in the Center, and parking requirements are found to be met. G. A Parking Lease dated March , 1973 together with an undated 4 page addendum thereto has been presented to the Village, re- viewed, and found to meet ordinance requirements for joint use of parking facilities, for as long as it remains in effect. H. The proposed use and the variances requested further the public health, safety and welfare, and are found to be consistent with spirit and intent of the zoning ordinance, as stated in Section 4.01 of the Village Code. 8. The variances requested as to lot size, building size and setbacks as requested for the Burger King restaurant in Planning Case No. 73-16 are approved, as is the site plan presented, said approval being conditioned on the following: A. The variances shall be granted for as long a period of time as petitioner maintains its rights to the use of at least 50 parking stalls within 150 feet of its premises. B. Parking for the facility shall be striped. C. Sidewalk shall be constructed to Village specifications across that portion of the existing driveway which is to be eliminated. D. Trash and litter shall be controlled in a manner to minimize nuisance factors. Adopted by the Council this l41 _d day of 1973. Mayor Attest: C Treasurer (Seal) (Seal) - 3- r7G ORDINANCE NO. 73- // AN ORDINANCE AMENDING SECTION 8.1.42, SUBD, (8) OF THE VILLAGE CODE RELATING TO LIABILITY INSUA.ANCE COVERAGE FOR GARBAGE AND REFUSE COLLECTIONS Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 8.142, Subd. (8) of the Village Code is hereby amended to read as follows: "Subd. (8) Liability Insurance. Every licensee shall carry bodily injury liability insurance in an amount not less than $100,000 per person and not less than $300,000 per occurrence and not less than $50,000 of property damage insurance on all licensed vehicles in addition to a $1,000,000 umbrella coverage or, at the licensee's option, bodily injury liability insurance in an amount not less than $250,000 per person and not less than $500,000 per occurrence and not less than $100,000 of property damage insurance on all licensed vehicles. Every licensee shall also carry Workmen's Compensation insurance for his employees. The licenser shall provide the Village with evidence that said insurance is in full force and effect and shall provide the Village with thirty (30) days' notice of cancellation of said insurance." Section 2. This ordinance shall be in full force and effect from and after July 1, 1973. Passed by the Village Council of the Village of New Hope this day Of 1973. Edward J. Erickson, Mayor Attest:41couZliot, "!� r Clerk -Treasurer (Published in The New Hope --Plymouth Post j ,, , 1973.) - 7 7 ORDINANCE'.110. 73- // ,7 ORXINANCE AtMENDING SUCTI(Xi 8.142, STIBD' (ILI) OF Tko VILLAGE CODE RELATUMG TO LIAWLJTY WSURANCE COVEnAGR FO -71 GARBAGE AND REFUSE COLLECTIQ48 village dl'Iew Hope, minnearta The Village Council of the Village d Now Ydope, c9daim ., Section 1. Sactico 8.142, Subid. (0) of the Village Cade Is here -by amended to read za folloyya : "Subid. (8) Wbility Insurmce. I 'I -y licensee shall carry bee ily injury UW, Itty insurance vex in an amomat not Iwa than $100,000 per Wo on %zd not less than $300,000 per occurrence and not ksii than $50,000 of property damage Incurca(m all licensed vehicles In addition to a $1,000.000 umbrella mverage or, at the licensee's option, boifflly Injury liability insurance In an amount not lesa than $260,000 per person and not lives than $500,000 per uceuxronce and not lws than U60,000 of property dautage inourance w ell lice= ad vehicles. Every lice-weN alizall also carry Workmen's Compensation Insurance fear his employees. The licensee sh&U provide the Village with evidence tlmt mdd insurance is in full fm,ce oAd effect aud shall provide the Village with Wrty (30) day6l actice cf ciancallation of said ins ur once . 11 Section 2. Thit ordinance sh&U ba In fuR force and offect from and aftax July 1, 1973. Passed by the Village Council of the Village, of Now Hope this day ofA .1073. -T- 4< C.. --- Edward J. i-Ickson, Mayor -Attest: WubUshed In The Now flope-Plymouth Post M #27 RESOLUTION TERMINATING IMPROVEMENTS NOS. 187A, 226 AND 247 BE IT RESOLVED by the Village Council, Village of New Hope, Minnesota: WHEREAS, the following improvements have been considered by the Council: Improvement No. Description 187A Street -- Quebec to a point 900 feet north of 49th 226 Signals and realignment - Bass Lake Road and Winnetka 247 Street - Louisiana from 27th to 32nd and; WHEREAS, the above mentioned improvements have incurred no costs but are still held open, and WHEREAS, it has been determined that the proposed improvements should not proceed and should be terminated. NOW, THEREFORE, BE IT RESOLVED by the Village Council that improvements Nos. 187A, 226 and 247 be closed. Dated the 14th day of May, 1973. Edward J: Erickson Mayor Attest: Pouliot Village Clerk -Treasurer 9l #28 RESOLUTION CONSOLIDATING CERTAIN BOND SINKING FUNDS INTO THE IMPROVEMENT BOND REDEMPTION FUND BE IT RESOLVED by the Village Council, Village of New Hope, Minnesota: WHEREAS, the following sinking funds have been maintained for the purpose of recording special assessments collected, ad valorem taxes levied and the payment of bond principal and interest: Bond 2 Bond 34 Bond 24 Bond 35 Bond 27 Bond 36 Bond 28 Bond 37 Bond 29 Bond 38 Bond 30 Bond 39 Bond 31 Bond 40 Bond 32 Bond 41 Bond 33 and; WHEREAS, the consolidation of the above sinking funds into the "Improvement Bond Redemption Fund" will enable better utilization of funds available for investments, control of ad valorem tax levies, and cash flow projections and such consolidation is within the purview of the intent of the Improvement Bond Redemption Fund. NOW, THEREFORE, BE IT RESOLVED by the Village Council that Bond Funds 2, 24, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, and 41 be consolidated into Improvement Bond Redemption Fund. Dated this 14th day of May, 1973. Edward J. Erickson Mayor Attest: � �� e� et P uliot ViIlag Clerk -Treasurer PIM RESOLUTION TERMINATING IMPROVEMENTS NOS. 216, 217, 231, 233, 234, 236, 257, 267, 272 AND PROVIDING FOR PAYMENT OF COSTS BE IT RESOLVED by the Village Council, Village of New Hope, Minnesota: WHEREAS, the following net costs have been incurred in con- nection with the following proposed improvements: Improvement No. Description Amount 216 Street - Louisiana from Lombardy $ 320.16 Lane to 62nd; 62nd from West Broadway to Louisiana 217 Storm Sewer - cleaning out exist- 135.48 ing ponding area west of MN$S tracks and elimination of swampy ponding area east of tracks 231 Storm Sewer - Terra Linda 229.04 Addition 233 Sewer and Water - Royal Oak Hills 18.00 10th Addition 234 Street and Storm Sewer - storm 1,087.25 sewer previously proposed under improvement 217 and street, Quebec, 42nd to 40th; Quebec to Winnetka 236 Sewer and Water - Quebec, 42nd 45.90 to 40th; Quebec to Winnetka 257 Street - Quebec, 42nd to 49th 202.50 267 Street - Nevada, 27th to 32nd 1,329.60 272 Sidewalk - 62nd Avenue North; 1,373.00 Winnetka to Gettysburg Total Net Cost $4,740.93 and; '?�2 - 2 - WHEREAS, it has been determined that the above mentioned improvements will not be finished and should be terminated, and WHEREAS, the costs incurred todate in respect to the above mentioned improvements should be absorbed by the temporary revolving fund. NOW, THEREFORE, BE IT RESOLVED by the Village Council that Improvement Funds 216, 217, 231, 233, 234, 236, 257, 267 and 272, be terminated and the net construction costs of $4,740.93 be charged against temporary revolving surplus. Dated this 14th day of May, 1973. Edward J. Erickson Mayor Attest: Be ouIiot Village Clerk -Treasurer RESOLUTION AWARDING CONTRACT FOR STORM SEWER IMPROVEMENT NO. 271A (NORTHWESTERLY PORTION OF THE VILLAGE) BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. That bids for the construction of Street Improvement No. 271A were duly opened at the New Hope Village Hall, 4401 Xylon Avenue North, at 10: 00 A.M. on the 18th day of May, 1973, 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 Village on April 26 and May 3, 1973 and in the Construction Bulletin on April 26 and May 3, 1973. 3. It is hereby found and determined by this Council that the bid of Northdale Construction Company, Inc. for the construction of said project in the amount of $73,552.50 is the lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik Fr Associates, Inc., Engineers for the Village, have recommended to this Council the said low bid for the award of the contract for the construction of the improvement; and this Council does hereby award the contract for the construction to designated lowest responsible bidder. 4. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement, in the name of the Village with the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as re- quired by law. Adopted by the Council this 29th day of May, 1973. Edward J. Erickson, Mayor Attest: Betty liot, Clerk -Treasurer (Seal) 1+ RESOLUTION CONSIDERING ROBBINSDALE TRANSFER SPECIAL USE REQUEST AT 7600 - 49TH AVENUE NORTH (QUEBEC AVENUE EXTENDED) (PLANNING CASE 73-17) BE IT RESOLVED by the Board of Adjustments and Appeals of the Village of New Hope, Minnesota: 1. Chapter 462 of the Minnesota Statutes authorizes the Village Council with the aid and assistance of the Village Planning Commission to carry on municipal planning activities which guide future development and improvement of our community. 2. Section 462.357 provies specific authorization as planning relates to zoning and land use and authorizes the Village to adopt ordinances establishing uses within different zoning districts, and to provide for variances from the literal provisions of said statutes and local ordinances. 3. The Village has enacted a zoning ordinance and established permitted uses and special use permits for the individual districts and has provided for special use procedure and is attempting to plan and guide future development of the community, and which ordinance provides so far as relevant here: A. GI Zoning Districts are defined by the Village Code as areas which, because of availability to thoroughfares and railroads, suitable topography, and isolation from residential areas, are appropriate for manufacturing, warehousing, and similar uses generally considered as "industrial". These districts are particularly suitable for those industries that cannot meet the high standards of Limited Industry areas. B. Certain uses, while generally not suitable in a particular zoning district, may, under some circumstances, be suitable. When such circumstances exist, a special use permit may be granted. C. In Industrial Districts, certain uses are considered generally unsuitable because of conditions that would tend to discourage other industrial development in the vicinity. These con- ditions include noise, dust, glare or unsightliness. D. Section 4.43 of the Village Code, headed "Criteria For Granting Special Use Permits", states as to Industrial Districts: In granting a special use permit, the Countil shall find that: (A) Nuisance characteristics generated by the use will not have an adverse effect upon existing and future develop- ment in adjacent areas. (B) The use will provide an economic return to the community commensurate with other industrial uses that the property could feasibly be used for. 4. A public hearing on the request for a special use permit for 7600 - 49th Avenue North to allow open storage by Robbinsdale Transfer, Inc . , was held before this Board after due notice thereof by publication in the New Hope - Plymouth Post, the official publication of the Village, on the day of April, 1973 and by mailed notice to surrounding property owners. 5. This Council has thoroughly considered the evidence presented at said hearing, reviewed the staff findings and comments, the minutes and recom- mendations of the Planning Commission. This Council also has in mind the thorough presentation by Mr. L. J. Moriarty, attorney for the present property owner at 7600 - 49th Avenue North, in support of the request for a special use permit at the said hearing and the opinions and differences of opinion expressed at said hearing, and hereby makes the following findings of fact: A. That the property located at 7600 - 49th Avenue North, is 330 feet by 145 feet, or approximately one acre in size. That located on this property is a 60 foot by 40 foot building approximately 14 feet in height. That in front of the building is a large garage door, allowing access to the building by large semi tractor -trailer trucks. That the primary use for which this building is designed is the repair and/or storage of trucks. That the building is located near the southwest corner of the lot, and close to 49th Avenue North. That also temporarily located on the lot are two truck -trailers, neither one of which is in use at the present time. One trailer is located on the west side of the building, while the other is located near the northeast corner of the lot. - 2 - B . That the surface of the lot is a combination of stone and dirt, with scattered accumulations of oil and grease evident. That the lot is fenced on the front, toward the street, and on both sides, but that the north end of the lot is open. That said fence is a cyclone, wire mesh fence, approximately eight feet in height, in poor condition. That access to said lot, in addition to the north side, is available through two gates, due to their poor condition. While said gates are kept locked, constant wear and tear and usage of said gates has prevented said gates from closing properly. C. That the property in question is zoned General Industrial and was zoned as such in 1954. That the property to the east is zoned General Industrial, although not developed as such at the present time. The property to the west of said lot is zoned MR, and located thereon are the Wingate Park Apartments. The property to the north of said lot is zoned General Industrial as well. To the Northwest of the property is a warehouse with dock facilities for loading and unloading semi trailer -trucks. The property on the opposite side of 49th Avenue is zoned Limited Industry, but that at the present time all development there is single family resident dwellings. That located approximately one-quarter mile to the east of the lot is a cement producing plant, which operates several heavy duty cement hauling trucks on a daily basis. D. That the petitioners plans for the use of the property include the open storage of semi trucks, straight trucks, tractors and trailers. Included also would be several rubbish hauling trucks, not all of which would be able to be stored inside the building. The total number of trucks to be stored at the site would number approximately 15. Petitioners trucks are used primarily for hauling household goods. The trucks would depart from the site at approximately 6 o'clock A.M. , and return at approximately 6 o'clock P.M. That the petitioner plans to do various minor repair work on the trucks during the daylight hours. That no nighttime use of the property is proposed. 6. It is, therefore, the considered opinion of the Board that the request be denied for the following reasons: - 3- A. As a result of the presence of the Wingate Park Apartments, and the numerous single family resident dwellings on the south side of 49th Avenue, the primary character of the area immediately adjacent to said lot is residential. The proposed special use would have an adverse effect on the existing develop- ment due to increased heavy vehicular traffic on a street already burdened by such traffic; by the noise created by the large engines used in petitioner's trucks, which noise shall be con- centrated at hours of the day which would be a noise and traffic nuisance to most of the residents in the area. That there are existing uses in the neighborhood of the same variety, including the use of 49th Avenue North on a daily basis by heavy duty cement trucks, as well as other heavy vehicular traffic, and the Council finds as a fact that any further uses of this nature would cause the traffic on 49th Avenue to be aggravated and increased beyond the point of reasonable tolerance. B . That a great likelihood exists that many of the trucks would need to be stored outside, and would cause an unsightly view for surrounding residential property development which further screen fencing could not adequately shield; that minor repair work will undoubtedly be done, parts and materials will there- fore necessarily be handled to and from the site, creating a great likelihood of an accumulation of unsightly debris and oil spillage; that other development in the area is well developed and properly landscaped, while this lot has none of the same C. That access to the property at the present time cannot be pre- vented, thereby creating a great risk of harm to the children living in the immediate area who would be attracted to said lot. Adopted by the Board of Adjustments and Appeals of the Village of New Hope this 4 day of May, 1973. Attest: 4;�L erk-Treasurer (Seal) - 4 - �)G VILLAGE OF NEW HOPE RESOLUTION APPROVING PLAT OF SCIENCE INDUSTRY CENTER 2ND 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 hereby authorized to sign the final plat. Mayor Attest:4 Clerk -Treasurer STATE OF MINNESOTA SS CCiJNTY OF HENNEPIN CERTIFICATION 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 June 11. 1973 Witness my hand and the seal of said Village this 14th day of June , 1973 . Village Clerk -Treasurer RESOLUTION SETTING FORTH CONDITIONS ON PLAT APPROVAL OF SCIENCE INDUSTRY CENTER 2ND ADDITION BE IT RESOLVED by the Council of the Village 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 Village Attorney is hereby directed to hold the hardshells of said plat until the following conditions for release and delivery have been met: Attest: (a) The Developer has delivered to the Village an abstract of title in customary form and the Village 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. (b) Additional conditions: (i) That utility and drainage easements be provided on lot lines in accord with standard Village requirements. (ii) Sections 4.560 (Bonds) and 4.543 (Water and Sewer Facilities) are hereby waived except that performance bond in effect with the original plat of Block 3, Science Industry Center, shall continue in effect and that the Village in no way waives its right to require the extension of sewer, storm and sanitary, to Lot 1 at the property owner's expense at some later date. Adopted by the Council this 11th day of June, 1973. r -Treasurer yi A RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF AGREEMENT ON ASAP WHEREAS, the Village has before and does intend to con- tinue in the ASAP project on alcoholic problems, and WHEREAS, it is necessary to enter into a new agreement to continue this program for the period of June, July and August, 1973. NOW, THEREFORE, BE IT RESOLVED that the Village Council, Village of New Hope, Minnesota, does hereby authorize and direct the execution of a Letter of Agreement, dated June 1, 1973 so as to continue this program. Adopted this 11th day of June, 1973. �J E ward J Erickson Mayor% Attest: Pouliot Vil age Clerk -Treasurer M RESOLUTION APPROPRIATING REVENUE AND EXPENDITURES IN CONNECTION WITH ALCOHOLIC SAFETY ACTION PROJECT WHEREAS, the 1973 budget was adopted without consideration of the Alcoholic Safety Action Project, and WHEREAS, this program has effected the 1973 budget by in- creasing disbursements for salaries paid to police officers and increasing receipts for funds received from Hennepin County. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, that the following changes be made in the 1973 Operating Budget: Receipts General Fund Account 3430 Grants - Increase $9,800.00 General Fund Police 4110-11 Increase $9,800.00 Adopted by the Council of the Village of New Hope this 11th day of June, 1973. /Edward, . Erickson Mayor Attest: B t Pouliot Village Clerk -Treasurer A RESOLUTION ON FEDERAL REVENUE SHARING FUNDS WHEREAS, monies have been made available to the Village of New Hope under the State and Local Fiscal Assistance Act of 1972, and WHEREAS, the Village Council in anticipation of the receipt of these funds in 1973 did include the use of $58,620 of the estimated 1973 receipts of $95,000 from this source as General Fund revenue in the 1973 budget, and WHEREAS, the specific expenditures to be covered by those funds were not formally designated but did include specific known expenditure items that had to be financed with increased local taxes, and WHEREAS, these expenditures need to be designated and the transfer of Revenue Sharing Funds approved. NOW, THEREFORE, BE IT RESOLVED by the Village Council, Village of New Hope that: Sec. 1. The 1973 Federal Revenue Sharing receipts are to be used for Tax Relief including: a). Additional Police Personnel $13,524- b). Village Share of New Fire Training .15,815 Additional Street Lights Facility 5,000- 0. Financial Administration 6,200 di. General Police Salary Increase 31,646,)( e Planning Consultant Work 2,250 Tax Relief Total $58,620 Other items include: New Programs Adopted Since. Budget: Detached Worker (6 Months) $ 7,308' Additional Cost of Financial Administration .15,815 Additional Street Lights 500 Storm Sewer Work 4,000 27,623 Non Committed Funds for Additional New Programs or 1974 Tax Relief $ 8,405 Total 1973 Revenue Sharing 94,648 -2 - Sec. 2. The Village Manager is hereby authorized and directed to have transfers made from the Federal Revenue Sharing Funds to the General Fund as necessary to carry out the above program of expenditures and to submit such reports as are necessary to the Federal Government to indicate the use of these funds. Sec. 3. A report of this program for the use of Federal Revenue Sharing Funds is to be published June 20, 1973 in the New Hope -Plymouth Post Adopted this 11th day of June, 1973. Z' Edward Erickson May, Attest: ouliot Villa a Clerk -Treasurer IV A RESOLUTION - ------ �----- AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT WHEREAS, the Village Council did approve the concept of a Joint Powers Agreement for the development of a fire training center, and WHEREAS, the final agreement has now been prepared. NOW, THEREFORE, BE IT RESOLVED by the Village Council, Village of New Hope, Minnesota, that: 1. The Joint Power "Fire Training Center" Agreement is hereby approved. 2. The appropriate Village officials are hereby authorized and directed to execute said agree- ment on behalf of the Village. Adopted this 11th day of June, 1973. /dwar Erickson Mayo Attest: Betty Pouliot Village Clerk -Treasurer ORDINANCE NO. 73 - 1-2-- AN v AN ORDINANCE AMENDING CHAPTER 10 OF THE VILLAGE CODE RELATING TO THE PURCHASE, POSSESSION AND CONSUMPTION OF LIQUOR AND BEER BY MINORS Village of New Hope, Minnesota The Village Council of the Village of New Hope, ordains: Section 1. Section 10.01, Subd. (6) of the Village Code is hereby amended to read as follows: "Subd. (6) Minor "Minor" any person under 18 years of age" Section 2. Section 10.17 of the Village Code is hereby amended to read as follows: "10.17 Persons Ineligible For License No license shall be granted to or held by any person who is: (1) Under 18 years of age; (2) A convicted felon, or who has been convicted of violating any law or local ordinance relating to the sale, manufacture or transportation of intoxicating liquors; (3) A manufacturer of beer or who is interested in the control of any place where beer is manufactured; (4) An alien; (5) Not of good moral character and repute; (6) The holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at such place (or becomes said holder during the period of this license) ; or (7) Not the proprietor of the establishment for which the license is issued. Section 3. Section 10.19 , Subd. (2) and (3) of the Village Code are hereby amended to read as follows: "Subd. (2) Sale To Minors or Intoxicated Persons No beer shall be sold to any intoxicated person or to any person under 18 years of age. M Subd. (3) Employment of Minors No minor under 18 shall be employed on the premises of a beer store or be permitted to sell or serve beer in any "on sale" establishment." Section 4. Effective Date This ordinance shall be in full force and effect from and after its passage and publication in the New Hope -Plymouth Post, the official newspaper of the Village. Passed by the Village Council of the Village of New Hope this 11th day of June, 1973. Edw J. Erickson, Mayor Attest: B t ouliot, Clerk -Treasurer (Published in the New Hope -Plymouth Post this day of June, 1973.) -2- 9'._;31 A RESOLUTION REGARDING APPOINTMENT TO STATE CABLE COMMUNICATION COMMISSION WHEREAS, during the 1973 Legislative Session State Legislation was adopted which provides for the development of State policy in the area of Cable T.V. and WHEREAS, this new law provides for the apointment of a seven man State Cable Communication Commission to develop the policy and provide regulations for this growing industry, and WHEREAS, Richard Plufka has taken an active part in the study of CATV problems and potential in the Village of New Hope through his activity as a member and as President of the Joint Power CATV Commission serving the New Hope, Crystal, Robbinsdale and Golden Valley area, and WHEREAS, Mr. Plufka has demonstrated in the past his ability to provide leadership through his active participation in community affairs as a member and Chairman of the New Hope Planning Commission for 6 years, and as a leader and participant in many civic affairs over the years. NOW, THEREFORE, BE IT RESOLVED that the Village Council, Village of New Hope does hereby endorse and support the recommendation of the Joint CATV Commission that Richard Plufka be appointed by the Governor of the State of Minnesota as a member of the newly created State Cable Communication Commission. Adopted this 25th day of June, 1973. Edward J. Erickson Mayor Attest: Betty Pouliot Village Clerk -Treasurer W_ RESOLUTION AUTHORIZING APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX FORFEITED LAND WHEREAS, the Village Council of the Village of New Hope, Hennepin County, Minnesota, has received from the County Auditor of Hennepin County, Minnesota, a list of lands in said Village which became the property of the State of Minnesota under the provisions of law declaring the forfeiture of lands to the State for non-payment of taxes, which said list has been designated as Classification List "645-C", dated December 18, 1970; and WHEREAS, certain of said land is presently in public use for a park with such land being: Plat 62225, Parcel 6440 WHEREAS, prior to said transfer to the State of Minnesota under the law declaring the forfeiture of lands to the State for non-payment of taxes, the property was, in fact, owned by the Village. NOW, THEREFORE, BE IT RESOLVED, by said Village Council, that application is hereby made for the conveyance of Plat 62225, Parcel 6440, and the Mayor and the Village Manager are directed and authorized to execute and deliver an "APPLICATION BY GOVERNMENTAL SUBDIVISION FOR CONVEYANCE OF TAX FORFEITED LANDS", pursuant to Minnesota Statute 282.01; and that upon due execution of said application, the same be transmitted to the Hennepin County Land Department. Passed by the Village Council this 25th day of June, 1973. Merle Johnson Acting Mayor `'� Attest: ety ouiot Villa e Clerk -Treasurer qtC A RESOLUTION AUTHORIZING REPURCHASE OF OUTLOT 1, MEADOW LAKE HEIGHTS WHEREAS, the Village Council of the Village of New Hope, Hennepin County, Minnesota, is desirous of obtaining clear title to a parcel of land designated as: Meadow Lake Heights 1st Addition, Outlot 1 Plat 62282, Parcel 8210 now being used as a public park; and `'�m � ___ WHEREAS, the simplest method for accomplishing this ob- jective is to repurchase the parcel from the State of Minnesota; and WHEREAS, there are certain adminstrative forms and procedures that must be followed to affect this purchase. NOW, THEREFORE, BE IT RESOLVED, by said Village Council that the Village Attorney is hereby authorized and directed to complete the procedure necessary to secure clear title to the subject parcel under the purchase from the State procedure. Adopted this 25th day of June, 1973. Attest: zm�, B tty ouliot Village Clerk -Treasurer Merle Johnsoh Acting Mayon` RESOLUTION ESTABLISHING FINANCING PLAN FOR GARAGE ADDITION WHEREAS, the 1973 Budget as adopted did not include monies for the construction of a Police garage and pistol range, and WHEREAS, it has been decided that this garage addition is needed in order to protect the interest of the Village, and WHEREAS, it is necessary to provide financing for this garage addition, NOW, THEREFORE, BE IT RESOLVED, by the Village Council, Village of New Hope that the Village Manager is hereby directed and authorized to establish the following financial plan and to make such transfers as are needed to carry out the plan. a) Estimated cost of addition: (i) Cost of building including base bid, $62,907.00 alternates 1, 2 and 2a (ii) Professional fee 5,033.00 (iii) Sail Testing, blacktop repair, 1,600.00 meter move, etc. TOTAL $69,540.00 b) A construction Fund in the amount of $70,000 is to be established from which to pay construction costs. The revenue for the fund is to include: (i) 1972,1973 and 1974 rebates to the Village from car insurance fees estimated to be $42,600 for the three years. A temporary loan to the fund from the Water and Sewer Fund is to be made to carry the financing until these revenues are received. (ii) The balance of $27,400 is hereby appropriated from the 1972 Federal Revenue Sharing Fund and a transfer from that fund to the construction fund is hereby authorized and directed. Adopted this 25th day of June, 1973. Merl e Johns n\ Acting Mayor' Attest: �t ou iot Village Clerk -Treasurer cj� RESOLUTION AUTHORIZING THE RELEASE OF PONDING AND DRAINAGE EASEMENT WHEREAS, the Village of New Hope heretofore acquired an easement for ponding and drainage purposes over the following described property: That part of the South 1/4 of the Northwest 1/4 of Section 7, Township 118, Range 21, lying West of the East 1102 feet, as measured along the North and South lines and lying Easterly of the following described line: Beginning at a point on the South line of said South 1/4 of the Northwest 1/4, distant 1366 feet West of the Southeast corner of said South 1/4 of Northwest 1/4; thence North at right angle to said South line 110 feet; thence Northwesterly by a deflection angle of 300, to the left, 636.27 feet to the North line of said South 1/4 of the Northwest 1/4 and there terminating. Subject to 49th Avenue North, and WHEREAS, the Village has acquired fee title to a major portion of the above-described property so that the said ponding and drainage easement is no longer needed over the above-described property, NOW THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. The recitals hereinabove mentioned are incorporated herein by this reference; 2. The Mayor and Manager are authorized and directed to release the ponding and drainage easement over the above-described real property and are authorized and directed to execute the necessary instrument or instruments to release the Village of New Hope's interest therein. Adopted by the Village Council of the Village of New Hope this 25th day of June, 1973. .t Pie 1 '& Johnson Acting Mayor Attest: ouliot, Clerk -Treasurer RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE VILLAGE OF NEW HOPE, MINNESOTA PRESENT PLAT 62207 PARCEL 6436 (FOR Villag—ego ' ew Hope ) (Planning Case No. 73-40) BE IT RESOLVED by the 'tillage Council of the Village 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 Secion 4.581 of the New Hope Village 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 Village 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 Village 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 Village of New Hope does hereby waive such compliance, and authorize the filing and record- ing 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 legal description Dated this 9th day of July 1973 Attest�� / Mayor i rk-Treasurer VILLAGE OF NEW HOPE That part of the South 1/4 of the Northwest 1/4 of Section 7, Township 118, North Range 21, West of the 5th Principal Meridian, Hennepin County, Minnesota described as follows: Beginning at a point on the South line of said South 1/4 distant 1102.01 feet West along said South line from the Southeast corner of said South 1/4; thence West along said South line 140.00 feet; thence North parallel with the East line of said South 1/4 a distance of 200.00 feet; thence West parallel with said South line 107.00 feet; thence Northwesterly to a point on the North line of said South 1/4 distant 866.67 feet East along said North line from the Northwest corner of said South 1/4; thence East along said North line to its intersection with a line drawn parallel with the East line of said South 1/4 from the point of beginning, thence South parallel with said East line to the point of beginning. MLB Properties Residue of said Parcel 6436 ORDINANCE NO. 73- 14 AN ORDINANCE AMENDING SECTIONS 4.68 AND 4.92 OF THE VILLAGE CODE RELATING TO PARKING SPACE REQUIREMENTS Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 4.68, Subd. (4) is hereby amended to read as follows: "Subd. (4) Parking Space Standards The following minimum parking standards are here- by established for all districts other than SR (Single Family Residential) Districts: An accurate, dimensioned parking layout which complies with the foregoing shall be submitted for approval with a site plan, and parking arrangements shall thereafter comply with such layout. Parking spaces shall be clearly designated by yellow lines painted upon the surface of the parking area". Section 2. Section 4.68, Subd. (8) is hereby amended to read as follows: "Subd. (8) Off -Street Spaces Required One space -- equals 300 square feet) a. Single Family Residence - one enclosed space (garage) and one open space. b• Multiple Family Dwelling of two Dwelling Units - one enclosed space and two open spaces per dwelling 'unit. c. Multiple Family Dwelling of three or more Dwell- ing Units - one enclosed space and two open spaces per dwelling unit. d. Townhouse Residence - two enclosed spaces per dwelling unit. e. Planned Unit Development - one enclosed space and two open spaces per dwelling unit. Space 2 Space Lengths Plus One Center Aisle AAn i Width Curb to Curb With Curb Overlap 90 (Two-way) 9 - 19'+19'+24'=62' 17'+17'+24'=58' 600 (One-way) 9' 20'+20'+19'=59' 19'+19'+19'=57' 450 (One-way) 9' 18'+18'+16'=52' 17'+17'+16'=50' Q0 (Parallel) IQ' Wide Py 24' lgpg, Wjtj 24' ajsjp An accurate, dimensioned parking layout which complies with the foregoing shall be submitted for approval with a site plan, and parking arrangements shall thereafter comply with such layout. Parking spaces shall be clearly designated by yellow lines painted upon the surface of the parking area". Section 2. Section 4.68, Subd. (8) is hereby amended to read as follows: "Subd. (8) Off -Street Spaces Required One space -- equals 300 square feet) a. Single Family Residence - one enclosed space (garage) and one open space. b• Multiple Family Dwelling of two Dwelling Units - one enclosed space and two open spaces per dwelling 'unit. c. Multiple Family Dwelling of three or more Dwell- ing Units - one enclosed space and two open spaces per dwelling unit. d. Townhouse Residence - two enclosed spaces per dwelling unit. e. Planned Unit Development - one enclosed space and two open spaces per dwelling unit. f. Service Station - three spaces per bay and once space per service vehicle, plus one space per employee per shift. g. Car Washes - sufficient spaces to hold 25 auto- mobiles waiting to be serviced. h. Motels and Hotels - one space per employee per shift and one space per unit, plus one space per 200 square feet of building area, not in- cluding area occupied by units. i. Bowling Alleys - six spaces per bowling lane, plus any additional spaces required for eating facilities and other recreational areas, (as provided herein) contained on the premises. j. Drive -Ins - one space per 25 square feet of building area. k. Eating and Drinking Establishments - one space per 3 seats, plus one space per 200 square feet of building area, not including "drive-in" spaces. 1. Furniture Stores - one space per 200 square feet of gross building area. m. Shopping Center or Planned Commercial Districts: (1) 0 - 20,000 square feet of building area - ten spaces per 1,000 square feet. (2) 20,001 - 30,000 square feet of building area - eight spaces per 1,000 square feet. (3) 30,001 square feet and over of building area - six spaces per 1,000 square feet. All areas are cumulative and refer to gross leasable building area and do not include covered or enclosed walkways, malls or lanes between stairs and similar public areas not intended or used for sales, dis- play or other commercial purposes. n. Other Retail - ten spaces per 1,000 square feet of gross building area. o. Office Buildings (with accessory retail use limited to 10% of gross leasable area) - one space per 200 square feet of gross building area excluding retail area, plus one space per 125 square feet of accessory retail area. If accessory retail area exceeds 10% of gross leasable area, then such re- tail area shall be calculated as "Other Retail" as provided hereinabove. p. Hospitals and Regional Medical Centers - one space per 2 beds and one space per staff doctor plus one space per two employees (other than doctors) per shift. q. Medical and Dental Clinics - one space per 125 square feet of building area. r. Rest Homes - one space per 4 beds, plus one space per 2 employees per shift. s. Places of Public Assembly (churches, theaters, arenas, schools, etc.) - one space per 3 seats contained in the major assembly area. t. Industrial and Wholesale - ten spaces, plus one space per 1,000 square feet of gross building area. The above requirement does not include company or delivery vehicles and therefore an additional space shall be provided for each such vehicle. Also no company vehicles shall remain stored in open parking areas longer than 8 hours unless such vehicles are at loading docks or are adequately screened from streets and other public areas. u. Other Uses - Other uses not specifically mention- ed herein shall be determined on an individual basis by the Village Council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles". Section 3. Section 4.68, Subd. (9) is hereby amended as follows: "Subd. (9) Joint Parking Facilities (A). Planned Development and Shopping Centers With respect to planned development and shopping centers, the required parking facilities to serve two or more uses may be located on the same lot or in the same structure, provided that the total number of park- ing spaces furnished shall not be less than the sum of the separate requirements for each use. (B). Non -Planned Developments With respect to non -planned developments, the Village Council may approve the joint use of common parking facilities if the following conditions are met: (1) The building or use for which application is made to utilize the off-street parking facilities provided by another building or use shall be located within 500 feet of and contiguous to such parking facilities. (2) The applicant shall show and the Village Council must determine that there is no substantial conflict in the principal operating hours and park- ing demands of the two or more buildings or uses contemplating joint use of off-street parking facilities. (3) A properly drawn legal instrument providing for joint use of off-street parking facilities, duly approved by the Village Council as to form and manner of execution, shall be filed for public record with the appropriate County official". Section 4. Section 4.92 is hereby amended by adding thereto the following: g : "Subd. (44A) Shopping Center Shopping Center: An integrated, planned business development, that can consist of a single multiple occupancy principal building or a unified arrangement of buildings and service facilities designed for occupancy by competative uses serving the general public with re- tail shopping uses as defined in Subd. (43),hereinabove". Section 6. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this ytti day of Tom/ 1973. ,. ward Erickson Mayor Attest: c� eoul iot Village Clerk -Treasurer (Published in the New Hope -Plymouth Post this�4 day of , 1973. ldo ORDINANCE NO. 73 -1-e AN ORDINANCE AMENDING SECTIONS 11.24 AND 11.25 OF THE VILLAGE CODE AND ADDING SECTIONS 11.26 and 11.27 THERETO RELATING TO PARKING TIME LIMITS AND PROVIDING FOR TEMPORARY PERMITS FOR ON -STREET PARKING Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: * 17 Section 1. Section 11.24 of the Village Code is hereby amended to read as follows: "11.24 Parking Time Limit No person, except physicians, other persons on emergency calls or persons having a permit from the New Hope Police Department as provided in Section 11.26 hereof, shall park a vehicle on any public street, highway or alley for a period of time longer than 30 minutes between 2 A.M. and 6 A.M.; nor in any case, except by permit from the New Hope Police Department, for more than six consecutive hours at any time." Section 2. Section 11.25 of the Village Code is hereby amended to read as follows: "11.25 Snow Removal Notwithstanding the issuance of a temporary on -street parking permit as provided in Section 11.26 hereof, no person shall park or leave standing any veh- icle upon any street in the Village after a snowfall of 14/2" depth or more, until the snow from such street has been removed or plowed to approximate Village over-all average, and the official depth for the purpose of this ordinance shall be determined by a duly appointed Village official, whose determination shall be final and not sub- ject to appeal. In case any vehicles are parked or left standing on the street in vio- lation of this section, said vehicle or vehicles may be removed in accordance with Section 6.10, by or under the direction of any police officer or Village employee after such officer or employee has attempted to notify the owner to remove such veh- icle and it has not been removed. Removal of the car by or under the direction of the Village shall not prevent prosecution under this ordinance. " Section 3. Chapter 11 of the Village Code is hereby amended by adding thereto the following: 1111.26 Temporary On -Street Parking Permits When undue hardship may result from strict compliance with Section 11. 24, the New Hope Police Department may issue a temporary on -street parking permit as provided herein upon application therefor by the operator of the vehicle to be parked on the street, on a form provided by the Police Department. 11.27 Issuance of Temporary Permit The following shall govern the issuance and use of temporary on -street parking permits: (1) A permit may only be issued for parking a vehicle in front of a single family residence. (2) No more than 2 permits may be issued per residence. (3) No permit may be issued for a vehicle owned or operated by a resident of the place for which a permit is desired unless the residence driveway is under repair or construction. A priiiit shall be issued for 'a period of bine not to exceed 7 days, however should circumstances warrant, such permit may be renewed for additional 7 day periods. (5) As a condition of granting a permit, the owner of the vehicle shall furnish the Village with a release of liability upon a form provided by the Police Department for damage to the vehicle resulting from park- ing the same on the street pursuant to said permit. (6) A permit issued hereunder shall not be valid unless the same is affixed to the inside of the windshield of the vehicle on the side of the vehicle facing the street. (7) The issuance of a permit hereunder shall not be a defense to the violation of Section 11.25 relating to Snow Removal." Section 4. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this 9 ati day of v , 1973. l , Edwar ' Erickson, Mayor Attest: Betty Por- liot, Clerk -Treasurer (Published in the New Hope -Plymouth Post this If -A, day of v/ , 1973.) �2® TEMPORARY ON -STREET PARKING PERMIT RELEASE AGREEMENT WHEREAS, I. the owner of the following described motor vehicle: Year Make Model License No. have applied to the New Hope Police Department pursuant to Section 11.26 of the New Hope Village Code for a temporary on -street parking permit to allow me to park said vehicle on the public street in front of the following residence: overnight and/or for more than six consecutive hours at anytime during the period in which said permit is valid, and WHEREAS, the New Hope Police Department has indicated that it is willing to grant my application for said permit providing that I execute in writing this instrument releasing the New Hope Police Department, and the Government of the Village of New Hope, and its or their officers, agents or employees from and against any and all suits or claims for loss or damage to said vehicle resulting from parking said vehicle in front of said residence pursuant to said permit. NOW, THEREFORE, KNOW ALL MEN BY THESIS PRESENTS: That I, being the owner of said vehicle, for and in consideration of the issuance of a temporary on -street parking permit by the New Hope Police Department, do hereby assume any and all risk and liability fcr damage to said vehicle resulting from parking the same in front of said residence pursuant to. said permit, and do hereby, for myself and for other persons claiming under or through me, remise, release, indemnify, hold harmless and for- ever discharge the said New Hope Police Department, the Government of the Village of New hope, and its or their officers, agents or employees, from and against any and all claims, suits or demands, which I, or other persons claiming under or through me, have, or can or might have as a result of any claims for loss or damage to said vehicle resulting from parking said vehicle in front of said residence pursuant to said permit. I have carefully read this agreement. fully understand its terms and hereby acknowledge receipt of a copy hereof. Dated: lol RESOLUTION ESTABLISHING 49TH AVENUE NORTH IN THE VILLAGE OF iiEW HOPE AS A PUBLIC STREET WHEREAS, the Village of New Hope is the tee owner of the real property described in Exhibit "A", attached hereto and made a part hereof, and WHEREAS, a part of 49th Avenue North runs across the aforesaid real property of which the Village is fee owner, and WHEREAS, there are no easements or other instruments of record that would have the effect of dedicating to the public as a public street, that portion of the real property over which 49th Avenue North runs, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope that: 1. The recitals hereinabove mentioned are incorpored by this reference. 2. The South 40 feet of the real property described in said Exhibit "A" be and hereby is established and aeclared to be a public road. Dated this 97i' day of July, 1973. Mayor Attest: ,��� Jerk -Treasurer (ti eal) That part of the South 1/4 of the Northwest 1/4 of Section 7, Township 118, North Range 21, West of the 5th Principal Meridian, Hennepin County, Minnesota described as follows: Beginning at a point on the South line of said South 1/4 distant 1102.01 feet West along said South line from the Southeast corner of said South 1/4; thence West along said South line 140.00 feet; thence North parallel with the East line of said South 1/4 a distance of 200.00 feet; thence West parallel with said South line 107.00 feet; thence Northwesterly to a point on the North line of said South 1/4 distant 866.67 feet East along said North line from the Northwest corner of said South 1/4; thence East along said North line to its intersection with a line drawn parallel with the East line of said South 1/4 from the point of beginning; thence South parallel with said East line to the point of beginning. also The West 263.50 feet of the East 1102.01 feet of the South 1/4 of the Northwest 1/4 of Section 7, Township 118, North Range 21, West of the 5th Principal Meridian, as measured along the South line thereof, Hennepin County, Minnesota. also The West 263.5u feet of the East 838.51 feet of the South 1/4 of the Northwest 1/4 of Section '/, Township 118, North Range 21, West of the 5th Principal Meridian, as measured along the South line thereof, Hennepin County, Minnesota. RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED VACATION OF PONDING AND DRAINAGE EASEMENT OVER PART OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 118, RANGE 21, LYING WEST OF THE EAST 1102 FEET THEREOF (Property owned by the Village of New Hope, and MLB Properties, Inc.) BE IT RESOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. Pursuant to Minnesota Statutes, Section 412.851, this Council on its own motion proposes to vacate the ponding and drainage easement hereinafter described. 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 vacation of the ponding and drainage easement as therein described. 3. The action of the Clerk -Treasurer in causing notice of said meeting to be made by two weeks posted and published notice in the New Hope -Plymouth Post and such further notice as is required by Section 6.43 of the Village Code is hereby ap- proved. Such notice being substantially in the following form: 2 - NOTICE OF HEARING ON VACATION OF PONDING AND DRAINAGE EASEMENT OVER PART OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 118, RANGE 21, LYING WEST OF THE EAST 1102 FEET THEREOF (Property owned by Village of New Hope, and MLB Properties, Inc.) NOTICE IS HEREBY GIVEN, That the Village Council of the Village of New Hope, Minnesota will meet in the Council Chambers in the New Hope Village Hall, 4401 Xylon Avenue North in said Village, on Monday, the 23rd day of July, 1973 at 7: 30 o'clock P.M. to hear, consider and pass upon all written or oral objections, if any, to the pro- posed vacation of the following ponding and drainage easement located over a tract of land situated in said Village of New Hope, County of Hennepin, State of Minnesota, described as follows, to -wit: That part of the South 1/4 of the Northwest 1/4 of Section 7, Township 118, Range 21, lying West of the East 1102 feet, as measured along the North and South lines and lying Easterly of the following described line: Beginning at a point on the South line of said South 1/4 of the Northwest 1/4, distant 1366 feet West of the Southeast corner of said South 1/4 of Northwest 1/4; thence North at right angle to said South line 110 feet; thence Northwesterly by a deflection angle of 300, to the left, 636.27 feet to the North line of said South 1/4 of Northwest 1/4 and there terminating. All persons desiring to be heard in connection with the consideration of the above- mentioned vacation of said easement are hereby requested to be present at said meeting to make their objections, if any, to said vacation. BY ORDER OF THE VILLAGE COUNCIL BETTY POULIOT , CLERK -TREASURER Published in the New Hope -Plymouth Post on July ,,? 4 and � " , 1973. 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. Adopted by the Village Council this 9th day of July, 1973. Edward . Erickson, Mayor Attest: Betty, ouliot, Clerk -Treasurer 3 / d.3 RESOLUTION APPROPRIATING REVENUE AND EXPENDITURES AND AUTHORIZING EXECUTION OF AGREEMENT WITH MANPOWER SERVICES WHEREAS, the 1973 budget was adopted without consideration of receipt of monies from the State of Minnesota by which summer employment of young persons can be provided, and WHEREAS, this program is now in effect and the Village of New Hope is authorized to draw up to $6,060 for employing cer- tain young people. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota that the following changes be authorized in the 1973 Operating Budget: Receipts General Fund Account 3430 Grants - Increase $6,060.00 General Fund Park 4742-12 Part Time Salaries Increase $6,060.00 BE IT FURTHER RESOLVED that the Park and Recreation Depart- ment is hereby authorized to participate in said Department of Manpower Service Program. Adopted by the Council of the Village of New Hope this 9th day of July 1973. Edward . Erickson ` Mayo Attest: 4ouliot 4Vil age Clerk -Treasurer RESOLUTION VACATING PONDING AND DRAINAGE EASEMENT OVER PART OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 SECTION 7, TOWNSHIP 118, RANGE 21, LYING WEST OF THE EAST 1102 FEET THEREOF (Property owned by Village of New Hope, and MLB Properties, Inc.) BE IT RESOLVED by the Village Council of the Village of New Hope, County of Hennepin, State of Minnesota, as follows: 1. Pursuant to duly posted and published notice in the New Hope -Plymouth Post, the official newspaper of the Village for two weeks heretofore, hearing was held by this Council on July 23, 1973 pursuant to the motion of this Council. 2. After affording an opportunity to be heard to all persons who cared to be heard as to the said proposed vacation of said ponding and drainage easement, this Council hereby finds and determines that it appears in the best interest of the public to vacate that certain ponding and drainage easement located over a tract of land situated in said Village of New Hope, County of Hennepin, State of Minnesota, described as follows, to -wit: That part of the South 1/4 of the Northwest 1/4 of Section 7, Township 118, Range 21, lying West of the East 1102 feet, as measured along the North and South lines and lying Easterly of the following described line: Beginning at a point on the South line of said South 1/4 of the Northwest 1/4, distant 1366 feet West of the Southeast corner of said South 1/4 of Northwest 1/4; thence North at right angle to said South line 110 feet; thence Northwesterly by a deflection angle of 300, to the left, 636.27 feet to the North line of said South 1/4 of Northwest 1/4 and there terminating. and it is hereby declared to be vacated, pursuant to Minnesota Statutes Section 412.851. Dated this 23rd day of July, 1973. Edward J. Erickson, Mayor Attest: Bett P uliot, Clerk -Treasurer RESOLUTION CONSIDERING "DUNKIN DONUT" VARIANCE REQUEST AT 42ND AVENUE NORTH BETWEEN XYLON AND WINNETKA AVENUES (PLANNING CASE 73-13) BE IT RESOLVED by Village Council, sitting as the Board of Adjustments and Appeals of the Village of New Hope, Minnesota: WHEREAS, Chapter 462 of the Minnesota Statutes authorizes the Village Council with the aid and assistance of the Village Planning Commission to carry on municipal planning activities which guide future development and improvement of the community. WHEREAS, Section 462.357 provides specific authorization as planning relates to zoning and land use and authorizes the Village to adopt ordinances establishing uses within different zoning districts, and to provide variances from the literal pro- visions of said statutes and local ordinances. WHEREAS, the Village has enacted a zoning ordinance and established permitted uses and special use permits for the individual districts and has provided for a variance procedure and is attempting to plan and guide future development of the community, which ordinances provide so far as revelent here: A. Retail Business Districts are defined in general as areas which because of proximity to thoroughfare intersections and proper distance from similar centers, are suitable to those businesses catering to the shopping needs of the residential neighborhood. B. Any new structure in a retail business zone must be shown to fit as to location into an over-all plan for the shopping centers (4.23, 11 Exceptions and Additions to Minimum Requirements.") C. In Retail Business (Rb) Districts, a 3 acre minimum size parcel is required, a minimum size for a building is 20,000 square feet, and the rear set back requirement is 35 feet. (4.22) D. Some of the stated objectives of the zoning code include a minimum of congestion in the public streets, compatability between different land uses, and reasonable standards to which structures and uses shall conform. (4.01 (6) (7) (8)1 E. The performance standards established under the zoning code are designed to encourage high quality residential and business development by providing that neighboring land uses will be compatible. The performance standards are also designed to pre- vent and ehminate those conditions that cause blight. (4.60) F. Bakeries and restaurants are included as permitted uses within Retail Business Districts. (4.90 sub. 43) G. Variances from the literal provisions of the zoning code may be granted by the Board of Appeals and Adjustments under Section 4.6U0 (4.84) H. The Board of Appeals and Adjustments may hear requests for variances from the literal provisions of the zoning ordinance in instances where their strict enforcement would cause unduehardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions would be in keeping with the spirit and intent of the zoning ordinance. 1. A public hearing was held by the New Hope Board of Appeals and Adjustments on May 14, 1973 as planning case No. 73-13, continued to May 29, 1973, and to June 11, 1973, after a presentation to the Planning Commission on April 3 and May 1, 1973, notice of said hearing having been published in the New Hope Post, and mailed notice was given to property owners within 200 feet as required by ordinance. -2- 2. This Board has thoroughly reviewed the statements presented to it at the public hearing, as continued, the Village records, has reviewed the staff comments and findings, the minutes and recommendation of the Planning Commission (for denial) , and the minutes of its own hearings on May 14 and 29, 1973. This Board also has in mind the full presentation made by proponents of the request for variances, and hereby makes the following: FINDINGS OF FACT A. That the property in question, Parcel 4600 is owned by Serendipity, Inc. , the same property owner which owns the adjacent parcel to the west, upon which the K -Mart parking area and store is situated (Parcel 455) , the same parcel having an apparently unused piece of land at the corner of 42nd Avenue North and Xylon Avenue North. B. That the Village Council of the Village has previously received assurances that the parcel in question would be incorporated by the owner into "a general development plan with the K -Mart develop- ment" (See Council minutes of May 8, 1972, page 15 regarding Planning Case 72-18) ; C. That acting in reliance upon the aforesaid representation that the subject parcel would be incorporated into a general development plan for all of the property in the RB parcel of which the subject premises is a parcel proposed for consolidation, the Village Council authorized a Waiver of Platting Ordinance for Plat 62218, Parcel 460, Planning Case 72-18. D. That the incorporation of the subject site into the West one-half of the total property ownership in the area bounded by 42nd Avenue - 3 - North, Winnetka Avenue North, Xylon Avenue North and 45th Avenue North was a substantial factor in various planning decisions of the Village Council in relation to the sector described, including not only the approval of the variance requested in Planning Case 72-18, but the approval of the parking area of K -Mart, and the refusal to separate the parcel at the Northwest corner of 42nd Avenue North and Xylon Avenue North, owned in fee by the same party desiring to sell the subject premises to the petitioners. E. That contrary to the representations made to the Village, the pro- posal under consideration is not a part of a general development plan, but is instead specific to the small subject parcel, which fact necessitates the variance requests before this Board, and in fact, there is no showing of any nature of an effort to incorporate the subject property into a general development plan. F. That at the Planning Commission meeting of May 1, 1973, the petitioners, through its attorney, Mr. William Rosen, represented that the business of the petitioner is "mostly a take-out business". Mr. Fleming, real estate representative of petitioner, stated that the proposed facility would generate about 8,000 cash register transactions in a week's time. G. That a curb cut between the subject premises and the corner of 42nd Avenue North and Xylon Avenue North was authorized for the use of K -Mart who acquired their interest from Serendipity, Inc. , the owner of the subject property. H. That a right turn traffic stacking lane was required for the Serendipity -owned properties as they now enter and exit from the - 4 - K -Mart site, at the aforementioned point and is now in existence and in use. I. That the traffic on 42nd Avenue North, in front of the subject premises is extremely heavy, with an average daily traffic count of 13,100 vehicles during 1972, according to the County of Hennepin. J. That the Village is already deeply concerned as to all traffic turning movements, both north and south of 42nd Avenue North to the Serendipity -owned properties, to the extent of considering a signalized intersection at 42nd and Xylon when traffic volume can be more accurately measured as the Serendipity and adjoining site development progresses, and as Winnetka Avenue North is completed, and considering, in conjunction with Hennepin County, a widening of 42nd Avenue North, and the use of islands for traffic control. K. That little justification appears to exist for a curb cut onto 42nd Avenue to serve the subject site, when a curb cut already exists between the westerly boundary of the subject site and Xylon Avenue North, with a traffic stacking lane for right hand turns in existence and in use. L. That the heavy volume of traffic projected for the proposed use is not consonant with the objectives of the zoning code to minimize congestion in the public streets. M. That the proposed use is in the nature of a strip zoning use of the property, which type of zoning is completely contrary to the - 5 - philosophy of the Village zoning code, which has been the guide for the Village planning officials and legislative decision makers since 1958. N. That this Board takes note of the fact that the attorney for the Petitioner has stated that their proposal (as to traffic circulation) simply calls for moving existing curb cut to better facilitate this proposed operation, but finds that the existing curb cut was put in at a time when there was a single family residence on the property, and the property was not in common ownership with property to the west, and the massive traffic problem generated by the con- struction of the K -Mart store had not been in existence, and that Serendipity, Inc. , had not committed itself (as it has since) , as the owner of all of the properties from north of 42nd Avenue North from the east line of the subject site, to Xylon Avenue North, to work toward a "general development plan", and that the existing curb cut should not in any event be utilized other than in con- junction with a "general development plan". O. That considering all of the information available as to the proposal before this Board, it is the conclusion of this Board that the pro- posed structure has not been shown by petitioner to fit as to location or use into an over-all plan for a shopping center; that enforcement of the literal provisions of the zoning ordinance will not cause undue hardship because of circumstances unique to the individual property; that the variances are not in keeping with the spirit and intent of the zoning ordinance, and insufficient grounds exist for the granting of any of the variances requested. - 6 - NOW, THEREFORE, BE IT RESOLVED that the variance requests are hereby denied, and the Village Clerk -Treasurer is directed to serve a copy of these findings upon the petitioner and the property owner by mail, pursuant to ordinance. Dated the a23 day of July, 1973. r � 4'.dand J . Erickson, Mayor Attest: Befty'Tjuliot, Clerk -Treasurer - 7 - BOG ORDINANCE NO. 73-/6 AN ORDINANCE AMENDING SECTION 4.92 , SUBD . (43) OF THE VILLAGE CODE RELATING TO RETAIL SHOPPING USES. Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 4.92, Subd. (43) is hereby amended to read as follows: Subd. (43) Retail Shopping Uses. Retail Shopping Uses: Stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies; auto accessories; bakeries; barber shop; beauty shop; bicycles; books and stationary; candy; cameras and photographical supplies; carpets and rugs; catering establishments; china and glassware; Christmas tree sales; clothes pressing; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; electrical and household appliances, sales and repair; florists; food; furniture; furrier shops; garden supplies (year-round operation only) ; gifts; hardware; hats; hobby shops for retail sale of items to be assembled or used away from the premises; household appliances; hotels and apartment hotels; interior decorating; jewelry, including watch repair; laboratories, medical and dental research and testing; laundry and dry cleaning provided the process used meets the requirements of the Fire Prevention Code for use in buildings with other occupancies; leather goods and luggage; locksmith shops; musical instruments; office supply equipment; optometrists; paint and wall paper; pet shops, including retail sale of pet supplies, pets (where no more than three dogs and three cats over six months of age and no more than a total of six dogs and six cats are kept or offered for sale) and pet grooming services rendered in a room separate from retail sales areas; phonograph record; photography studies; restaurants, when no entertain- ment or dancing is provided; shoes; sporting goods; tailoring; theatre, except open air drive-in; tobacco; toys; variety stores; wearing apparel. Section 2. This ordinance shall be effective from and after its passage and publication . Passed by the Village Council of the Village of New Hope this day of July, 1973. i ` Edwar. . Erickson, Mayor Attest: t ouhot,'Clerk-Treasurer (Published in the New Hope - Plymouth Post ��� g 6 y- 3 1973.) - 2 - ORDINANCE NO. 73-/'l AN ORDINANCE ADDING SECTION 4.44 (8) TO THE VILLAGE CODE RELATING TO LOCATION AND OPERATION OF TRAINING SCHOOLS BY SPECIAL USE PERMIT IN RETAIL BUSINESS, LIMITED INDUSTRY AND GENERAL INDUSTRIAL DISTRICTS Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 4.44 of the Village Code is hereby amended by adding thereto the following: (8) In Retail Business, Limited Industry and General Industrial Districts - Training Schools, provided such school is operated by the principal use seeking the permit to provide training for the consumer, distributor, or installer of the product, process or service which is sold, distributed or manufactur- ed by the principal use and subject to the following: (i) obtaining separate occupancy permit for the space occupied by the school; (ii) compliance with Village and State life and safety codes; (iii) adequate on-site parking so that no customers, visitors or employees are required to park outside the existing off-street parking areas of the business as a result of the operation of the school. Section 2. This ordinance shall be effective from and afters its passage and publication. Passed by the Village Council of the Village of New Hope this Af day of July, 1973. - r dwar Erickson Mayo Attest: ty ouliot Jerk -Treasurer (Published in the New Hope -Plymouth Post on % v ,,,t f- �— 1973). RESOLUTION ADJUSTING 1973 OPERATING BUDGET WHEREAS, the 1973 Budget as adopted did not include monies for a program of patrol in the New Hope mini -bike area, and WHEREAS, after receipt of citizen requests, staff re- view and recommendations and Council discussion the Village Council has decided to establish a mini -bike patrol as pro- posed in a staff report dated July 5, 1973, and WHEREAS, the estimated cost of this patrol for 1973 is $3,546 which was not budgeted. NOW, THEREFORE, BE IT RESOLVED by the Village Council, Village of New Hope, that the Village Manager is hereby directed and authorized to adjust the 1973 Operating Budget as shown: Receipts: General Fund Transfers $3,546 (From 1972 Revenue Sharing Monies) Expenditures: 4741-12 (Part Time Salaries $3,096 4741-52 (Equipment Purchase) 450 Adopted by the Council of the Village of New Hope this 23rd day of July, 1973. Edward J. Erickson Mayor---'/ Attest: Bette6uliot Village Clerk -Treasurer la1 VILLAGE OF NEW HOPE RESOLUTION APPROVING PLAT OF ALAN PETERSON 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 hereby authorized to sign the final plat. Mayor Attest: _ Clerk -Treasurer STATE OF MINNESOTA SS COUNTY OF HENNEPIN CERTIFICATION 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 July 23rd, 1973 Witness my hand and the seal of said Village this day of July 23 rd , 19 73 . Village Clerk -Treasurer RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE VILLAGE OF NEW HOPE, MINNESOTA PRESENT PLAT 62420 PARCEL 2530 (FOR KNUTSOY ) BE IT RESOLVED by the Tillage Council of the Village 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 Secion 4.581 of the New Hope Village 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 Village 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 Village 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 Village of New Hope does hereby waive such compliance, and authorize the filing and record- ing of conveyances using substantially the legal description contained In the following paragraph: 4. Premises In the County of Hennepin, State of Minnesota described as follows: (Northerly Parcel) That part of Lot I, Block 2, SCIENCE INDUSTRY CENTER, lying North of a line drawn at right angles to the East line of said Lot I, from a point therein distant 240 feet South of the Northeast corner of said Lot I. (Southerly Parcel) That part of Lot I, Block 2, SCIENCE INDUSTRY CENTER, lying South of a line drawn at right angles to the East line of said Lot I, from a point therein distant 240 feet South of the Northeast corner of said Lot I, and its Westerly extension and lying North of the North line of Lot 2, Block 3, SCIENCE INDUSTRY CENTER extended East. Dated this 13th day of August , 1973 Attest: Mayor C e Ic-Treasurer RESOLUTION APPROPRIATING 1972 SURPLUS FOR HENNEPIN COUNTY LEAGUE DUES WHEREAS, a surplus exists in the General Fund due to 1972 budgeted funds not being completely disbursed, and WHEREAS, there is a need for additional funds in the 1973 budget to pay for dues to the Hennepin County League. NOW, THEREFORE, BE IT RESOLVED by the Village Council that funds in the amount of $2,502 from 1972 General Fund surplus be appropriated to Account 401-43 for purposes of increasing this appropriation to a total of $2,985 to pay 1973-74 Hennepin County League dues, said payment being hereby authorized and directed. Adopted by the Village Council this 13th day of August, 1973. /lr�l Edward J. Erickson Mayor—" Attest: Village Clerk -Treasurer EXTRACT OF MINUTES OF MEETING OF VILLAGE COUNCIL (Village of New Hope, Hennepin County, Minnesota) August 13, 1973 Pursuant to due call and notice thereof, a regular meeting of the Council of the Village of New Hope, Minnesota, was duly held at the Village Hall, 4401 Xylon Avenue North, in said Village, on Monday, August 13, 1973, at 7:00 p.m. The meeting was called to order by Mayor Erickson. Roll call was taken as follows: Present: Erickson, Enck, Hokr, Johnson, Plufka. Absent: None RESOLUTION APPROVING TAXICAB JOINT POWERS AGREEMENT WITH HENNEPIN COUNTY MUNICIPALITIES WHEREAS, a number of governmental subdivisions located in Hennepin County, Minnesota, including the City of St. Louis Park, the Village of New Hope,. the , have all indicated their desire to jointly and cooperatively license and regulate the operation of taxicabs within their respective boundaries, and WHEREAS, it appears that Minnesota Statutes 1973, Section 471.59, provides for the joint exercise of powers, such joint licensing and regulation of the operation of taxicabs within their respective boundaries could be ac- complished on a joint and cooperative basis by establishing a Taxicab Commis- sion to perform those functions for all said governmental subdivisions, and WHEREAS, it is necessary to appoint two representatives of the Village of New Hope to the Taxicab Commission's Board of Directors as Direc- tors thereof, NOW_THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope, that its Mayor and its Manager on its behalf, are hereby authorized to enter into that certain agreement providing for the joint and cooperative licensing and regulation of taxicabs, a copy of which is attached hereto, in the form as such agreement has been heretofore submitted to this Council and made a part hereof, subject only to examination and approval by the Village Attorney, and -2 - BE IT RESOLVED that the Village Council of the Village of New Hope, hereby appoints the following two persons as the Village of New Hope's re- presentatives on the Taxicab Commission's Board of Directors as Directors thereof for one-year terms from the date hereof. They are: 1) Harlyn G. Larson, Village Manager 2) Jack W. Morse, Director of Police Edwarcy" .--Erickson, Mayor ATTEST: Be u iot, Village Clerk -Treasurer The motion for the adoption of the foregoing resolution was seconded by Councilman Johnson, and upon vote being taken thereon the following voted in favor thereof: Erickson, Enck, Hokr, Johnson, Plufka; and the following voted against the same: None Whereupon the resolution was declared duly passed and adopted and was signed by the Mayor and attested by the Village Clerk -Treasurer. RESOLUTION APPROVING AMENDATORY CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOPE OPEN SPACE LAND UNDER TITLE 7 OF THE HOUSING ACT of 1961, AS AMENDED (Kuch-Perry Park) . BE IT RESOLVED BY THE VILLAGE OF NEW HOPE: 1. This Council has reviewed the Amendatory Contract Amending Contract for Grant to Acquire and/or Develope Open -Space Land under Title VII of the Housing Act of 1961, as amended, Project 05A -MN -05-00-0127, between the Village of New Hope, Minnesota and the United States of America. 2. This Council finds that the said amendment is in the best interests of the public health, safety and welfare, and the Mayor and Manager are hereby authorized and directed to execute said amendment. Dated this 13th day of August, 1973. f ; Mayor Attest:'%Cl; �Gk�r; Treasurer 14 RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR PARK LAND ACQUISITION, PUBLIC IMPROVEMENT NO. 264 WHEREAS, this Council did, on October 24, 1972, after hear- ing, upon notice published and mailed as required by law, order the acquisition of Park Land, Public Improvement No. 264, and WHEREAS, the estimated cost for said park land acquisition is the sum of $200,623.74, and WHEREAS, of this amount $90,029.02 is to be reimbursed by a Federal Open Space Land Acquisition Grant and $46,426.94 is to be reimbursed by a State Natural Resources Grant, and WHEREAS, the cost remaining to be paid by the Village is the sum of $64,167.78. NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of New Hope as follows: 1. It is hereby determined that the total estimated cost of Park Land Acquisition, Public Improve- ment No. 264 and the amount to be assessed is as hereinafter set forth: Total Cost $200,623.74 Federal Grant 90,029.02 State Grant 46,426.94 Net Project Cost 64,167.78 Amount to be Assessed 21,389.05 Balance Assumed by Village 42,778.73 2. The Village Clerk -Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the entire amount to be assess- ed 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 of1973. Ma��/4yo; Attest: ���_ ; Village Clerk -Treasurer 1/5 - RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT NO. 268 (WINNETKA AVENUE NORTH OF BASS LAKE ROAD) AND STREET IMPROVEMENT NO. 260 (56TH AVENUE - WEST OF WISCONSIN) WHEREAS, this Council did, on June 26, 1973, after hearing, upon notice published and mailed as required by law, order the construction of Street Improvement No. 268, and WHEREAS, this Council did, on June 12, 1972 after hearing, upon notice published and mailed as required by law, order the construction of Street Improvement No. 260, and WHEREAS, this Council did, on August 28, 1972 award the contract for said improvements, and WHEREAS, this Council did, on September 11, 1972 enter into a joint powers agreement with the City of Crystal for the construction of Street Improvement No. 268 (Winnetka Avenue), and WHEREAS, the total estimated cost is the sum of $265,672.43, and of this amount the City of Crystal share is $41,014.23, with net cost to the Village of $224,658.20, and WHEREAS, of this cost the Village will pay as its share the sum of $172,821.80. NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of New Hope as follows: 1. It is hereby determined that the total estimated cost of Street Improvement No. 268 and the amount to be assessed is as hereinafter set forth: Total Cost Amount to be Assessed $224,658.20 51,836.40 2. The Village 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 % 1973. Mayor Attest: Village.Clerk-Treasurer RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT NO. 271A (STROM SEWER IMPROVEMENT NOS. 270 & 271) WHEREAS, this Council did on April 9, 1973, after hearing, upon notice publish and mailed as required by law, order the construction of Storm Sewer Improvement No. 271A, and WHEREAS, this Council did on May 29, 1973 award the contract for said improvement, and WHEREAS, the total estimated cost of said improvement is the sum of $117,674.73, and WHEREAS, of this cost the County will pay as its share the sum of $5,360.95 leaving a net project cost to the Village of $112,313.75. NOW, THEREFORE BE IT RESOLVED by the Council of the Village of New Hope as follows: 1. It is hereby determined that the total estimated cost of Storm Sewer Improvement No. 271A and the amount to be assessed is as hereinafter set forth: Total Cost Amount to be Assessed $112,313.75 78,619.62 2. The Village 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 1973. MayoAttest: ., Viffllage lerk-Treasurer RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT NO. 273 (QUEBEC AVENUE) WHEREAS, this Council did on June 26, 1973, after hearing, upon notice published and mailed as required by law, order the construction of Street Improvement No. 273, and WHEREAS, this Council did on July 24, 1973 award the contract for said improvement, and WHEREAS, the estimated cost for the making of said improve- ment is the sum of $101,046.04, and WHEREAS, of this cost the Village will pay as its share of the improvement the sum of $45,296.04. NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of New Hope as follows: 1. It is hereby determined that the total estimated cost of Street Improvement No. 273 and the amount to be assessed is as hereinafter set forth: Total Cost $101,046.04 Amount to be Assessed 55,750.00 2. The Village 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 _, . 1973. Mayorj Attest: Village,Clerk- Treasurer RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT NO. 281 (36TH AVENUE SIDEWALK AND 38TH AVENUE STREET) WHEREAS, this Council did, on March 26, 1973, after hear- ing upon notice published and mailed as required by law, order the construction of Street Improvement No. 281, and WHEREAS, the County of Hennepin has agreed to participate in the cost of the 36th Avenue sidewalk, and WHEREAS, the contract for said was awarded by the Council of the Village of New Hope on May 14, 1973, and WHEREAS, the total estimated cost of said improvement is the sum of $24,818.40, and WHEREAS, the division of cost between the sidewalk and the street improvement and Village participation is as herein- after set forth: Street Sidewalk Total Total Cost $19,250.40 $5,568.00 $24,818.40 County Participation 1,130.00 1,130.00 Village Participation 11,398.90 226.00 11,624.90 Cost to be Assessed 7,851.50 $4,212.00 , NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of New Hope as follows: 1. It is hereby determined that the total estimated cost of Street Improvement No. 281 and the amount to be assessed is as hereinafter set forth: Total Cost $23,688.40 Amount to be Assessed 12,063.50 2. The Village Clerk -Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the entire amount to be assess- ed 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 �_�o� 1973. Attest: Mayou ':. 4iTlag6Clerk-Treasurer ll9 RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT NO. 282 WHEREAS, this Council did on April 9, 1973, after hearing upon notice published and mailed as required by law, order the construction of Storm Sewer Improvement No. 282, and WHEREAS, this Council did on May 29, 1973, award the con- tract for said improvement, and WHEREAS, the total estimated cost to the Village of New Hope for said project is the sum of $12,117.00, and WHEREAS, of this cost the Village will pay as its share the sum of $5,444.00. NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of New Hope as follows: 1. It is hereby determined that the total estimated cost of Storm Sewer Improvement No. 282 and the amount to be assessed is as hereinafter set forth: Total Cost $12,117.00 Amount to be Assessed 6,673.00 2. The Village Clerk -Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the entire amount to be assess- ed 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 1973. Mayor, Attest: VilT~ageClerk-Treasurer lao RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLLS FOR SEWER AND WATER IMPROVEMENT NO. 283 (NAGELL'S IST ADDITION) WHEREAS, this Council did, on May 9, 1973, after hearing, upon notice published and mailed as required by law, order the construction of Sewer and Water Improvement No. 283, and WHEREAS, this Council did, on May 14, 1973, award the contract for the making of said improvement, and WHEREAS, the estimated cost to the Village of New Hope for said improvement is the sum of $16,670.40, and WHEREAS, of this cost, $10,811.88 is for the sewer portion of the project and $5,858.52 is for the water portion of the project. NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of New Hope as follows: 1. It is hereby found and determined that the total estimat- ed cost of Sewer and Water Improvement No. 283 and the amount to be assessed is as hereinafter set forth: Sewer Water Total Total Cost $10,811.88 $5,858.52 $16,670.40 Amount to be Assessed 10,811.88 5,858.52 16,670.40 2. The Village 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 t - 1973. 1 C_' AMayr Attest: *ialerk-Treasurer RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT NO. 285 (CURB AND GUTTER, PENNSYLVANIA AVENUE, NORTH OF BASS LAKE ROAD) WHEREAS, This Council did on April 23, 1973, after hearing, upon notice published and mailed as required by law, order the construction of Street Improvement No. 285, and WHEREAS, this Council has heretofore agreed the improvement shall be a joint project with the City of Crystal, and WHEREAS, the contract for the work including New Hope Street Improvement No. 285 as been awarded by the City of Crystal, and WHEREAS, the total cost of Street Improvement No. 285 is the sum of $1,060.57. NOW, THEREFORE BE IT RESOLVED by the Council of the Village of New Hope as follows: 1. It is hereby determined that the total estimated cost of Street Improvement No. 285 and the amount to be assessed is as hereinafter set forth: Total Cost $1,060.57 Amount to be Assessed 1,060.57 2. The Village 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 1973. Mayo Attest: i{;_ _ /!.,:_ r ge,,'C1 erk-Treasurer , aa RESOLUTION PROVIDING FOR HEARING ON ASSESSMENTS FOR PARK LAND ACQUISITION, PUBLIC IMPROVEMENT NO. 264; STREET IMPROVEMENT NO. 268 AND STREET IMPROVEMENT NO. 260; STORM SEWER IMPROVEMENT NO. 271A; STREET IMPROVEMENT NO. 273; STREET IMPROVEMENT NO. 281; STORM SEWER IMPROVEMENT NO. 282; LATERAL WATER AND SANITARY SEWER IMPROVEMENT NO. 283; STREET IMPROVEMENT NO. 285; ASSESSMENT FOR DELINQUENT SEWER AND WATER CHARGES, CONNECTION CHARGES, INVOLUNTARY SEWER AND WATER CONNECTION CHARGES, CONNECTION CHARGE INSTALLMENTS, VILLAGE SERVICES -1973, AND WEED CUTTING CHARGES BE IT RESOLVED by the Council of the Village of New Hope, Minnesota, as follows: 1. The assessment rolls heretofore duly prepared for the above captioned public improvements of the Village of New Hope, and now on file in the office of the Village Clerk -Treasurer, are hereby approved as the proposed assessments for said improvements and this Council shall meet at the time and place indicated in the notice attached hereto for the purpose of passing upon said assessments and hearing all objections thereto. 2. The Clerk -Treasurer is hereby authorized and. directed to cause notice of said meeting to be published in the New Hope -Plymouth Post, the official newspaper of this municipality, at least two weeks before the date of said meeting, which notice shall be in substantially the following form: VILLAGE OF NEW HOPE NOTICE OF PUBLIC HEARING ON ASSESSMENTS FOR PARK LAND ACQUISITION, PUBLIC IMPROVEMENT NO. 264; STREET IMPROVEMENT NO. 268 AND STREET IMPROVEMENT NO. 260; STORM SEWER IMPROVEMENT NO. 271A; STREET IMPROVEMENT NO. 273; STREET IMPROVEMENT NO. 281; STORM SEWER IMPROVEMENT NO. 282; LATERAL WATER AND SANITARY SEWER IMPROVEMENT NO. 283; STREET IMPROVEMENT NO. 285; ASSESSMENT FOR DELINQUENT SEWER AND WATER CHARGES, CONNECTION CHARGES, INVOLUNTARY SEWER AND WATER CONNECTION CHARGES, CONNECTION CHARGE INSTALLMENTS, VILLAGE SERVICES -1973, AND WEED CUTTING CHARGES 1. NOTICE IS HEREBY GIVEN that the Council of the Village of New Hope will meet at the Village Hall, 4401 Xylon Avenue North in said Village on Monday, the 24th day of September, 1973, at 7:00 o'clock p.m., to hear, consider and pass upon all written or oral objections, if any, to proposed assessments for the public improvements of the Village described in the caption, and herein- after. The proposed assessment rolls are now on file and open to public inspection by all persons interested, in the office of the Village 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 installments to be payable with the general taxes for the year 1974. 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, 1974, 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 Village Treasurer within thirty days from the date of the adoption of the assessment roll. 2. The title and general nature of each improvement is as follows: A. Park Land Acquisition, Public Improvement No. 264 ( ten annual installments) Acquisition of certain lands in the vicinity of Quebec Avenue between 48th Avenue (extended) for park acquisition purposes and all other appurtenant services to serve an area described as follows: An area bounded on the South by 42nd Avenue North, on the West by Winnetka Avenue North, on the North by the South boundary of the Minneapolis, St. Paul and Soo Line Railway (Soo Line), and on the East by the Westerly line of the Minneapolis, Northfield and Southern Railroad. B. Street Improvement No. 268 ( ten annual installments) Reconstruction of Winnetka Avenue North from the Bass Lake Road (C.S.A.H. No. 10) to the North Village boundary at 62nd Avenue North, including base reconstruction, widening, placement of concrete curb and gutter and bituminous hot -mix surfacing for a 9 ton capacity road, to State Aid road standards, together with all other appurtenant work to serve an area described as follows: Winnetka Avenue North, from Bass Lake Road (C.S.A.H. #10) to 62nd Avenue North. C. Street Improvement No. 260 ( ten annual installments) Construction of Street, including curb and gutter and all other appurtenant work to serve an area described as follows: On 56th Avenue North between Wisconsin Avenue North and Xylon Avenue North; On 56th Avenue North from Wisconsin Avenue west a distance of 210 feet. D. Storm Sewer Improvement No. 271A (1 to 10 annual installments) Construction of storm sewer including pipe, ditch clean-out, manholes, and all other appurtenant work to serve an area described as follows: West 1/2, Section 6; Northeast 1/4, Section 6; West 1/2 of Southeast 1/4, Section 6; West 1/2, Section 7; Northwest 1/4 of Northeast 1/4, Section 7; South 1/2 of Northeast 1/4, Section 7; North 1/2 of Southeast 1/4, Section 7; Southwest 1/4 of Southeast 1/4, Section 7; West 1/4 of Northwest 1/4 of Northeast 1/4, Section 18; North 1/2 of Northwest 1/4, Section 18; all in Township 118, Range 21 West. E. Street Improvement No. 273 ( annual installments) Construction on Quebec Avenue in the area designated to a 9 ton design, bituminous surfaced roadway, with concrete curb and gutter, including the shaping of the existing gravel base, addition of class 5 gravel where required, 4 inches of bituminous base and 3 inches of bituminous surfacing, and all other appurtenant work to serve an area described as follows: Quebec Avenue North from 42nd Avenue North to 49th Avenue North including the following described parcels: Lots 4 and 5, Auditor's Subdivision No. 324; Lots 11 and 12, Block 2 and Lot 1, Block 3, Winnetka Hills 2nd Addition; Lot 16, Block 2, and Lot 1, Block 3, Perry's Sprucewood Terrace, also all parcels abutting the following: -2- 60 foot easement for street purposes over that part of the West 1/2 of the East 1/2 of the Southwest 1/4 of Section 8, Township 118 North, Range 21 West, lying to the North and West of the following described line: Beginning at the Northeast corner of said West 1/2 of the East 1/2 of the Southwest 1/4 of Section 8, thence after turning a Southwesterly included angle of 54° 37' from the North line of the West 1/2 of the East 1/2 of the Southwest 1/4 of Section 8, running Southwesterly in a straight line a distance of 507.7 feet to the point of tangency of a curve to the left with radius of 1382.7 feet, thence Southwesterly along said curve to the left a distance of 858.9 feet to end of curve, distance 99.6 feet, more or less, East from West line of said West 1/2 of the East 1/2 of the Southwest 1/4 of Section 8, thence Southerly on a straight line a distance of 106 feet more or less to an intersection with the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 8 said intersections being distant East 100 feet from Southwest corner of the said Northeast 1/4 of the Southwest 1/4 of Section 8; thence South in a straight line parallel with the West line of the Southeast 1/4 of the Southwest 1/4 of said Section 8, a distance of 1320 feet, more or less, to an intersection with the South line of the said W 1/2 of the East 1/2 of the Southwest 1/4 of Section 8, containing 11.375 acres, more or less. Said easement being 30 feet on either side of the following described line. Beginning at a point 30 feet South of the North line of the Northeast 1/4 of the Southwest 1/4 of said Section 8 and distant 30 feet East of the Northwest corner thereof; thence South parallel with the West line of said Northeast 1/4 of the Southwest 1/4 a distance of 745.24 feet; thence along a curve to the right, said curve having a radius of 90 feet and a delta angle of 60 degrees for a distance of 94.25 feet; thence continuing along a line tangent to the last described curve for a distance of 100 feet and there terminating. F. Street Improvement No. 281 ( ten annual installments) Construction of 38th Avenue North (Oregon Avenue North to Maryland Avenue North), including gravel base, 3 inches of bituminous surfacing, and concrete curb and gutter. Concrete sidewalk on 36th Avenue North from Hillsboro Avenue North to County Road 18. G. Storm Sewer Improvement No. 282 ( ten annual installments) Construction of storm sewer includin— g pe, manholes, and all other appurtenant work to serve an area described as follows: �3- Southeast 1/4 of the Northeast 1/4, Section 7, Township 118, Range 21 West. H. Lateral Water and Sanitary Sewer Improvement No. 283 (twenty annual installments) Construction of Lateral Water and Sanitary Sewer including house services, manholes, and all other appurtenant work to serve an area described as follows: Premises abutting the following: Sanitary Sewer will be extended south on Gettysburg Avenue North from 45th Avenue North to Gettysburg Lane North. Water and Sanitary Sewer will be extended on Gettysburg Lane North. All of said premises are situated in Section 18, Township 118, Range 21, being the North 495 feet of Tract A, Registered Land Survey No. 1028, Hennepin County, Minnesota. I. Street Improvement No. 285 ( ten annual installments) Construction of concrete curb and gutter, and all other appurtenant work to serve an area described as follows: Pennsylvania Avenue North, being part of Lot 33, Auditor's Subdivision No. 226 in the South 1/2, Section 5, Township 118, Range 21 West. 3. The areas proposed to be assessed for the making of the improvements stated in subparagraphs, A, B, C, D, E, F, G, H and I 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, Village Services -1973, and Weed Cutting Charges. See proposed assessment rolls on file in the office of the Village Clerk -Treasurer. Dated this 3 day of 1973. BETTY POULIOT, Village Clerk -Treasurer (Published in the New Hope -Plymouth Post S-� g -l. yY, lbP,- , 1973.) -4- 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. Attest: Dated this /3' r�day of , ,s _, 1973. r Signed 4_c� Mayor age Clerk -Treasurer RESOLUTION APPOINTING ELECTION JUDGES FOR PRIMARY ELECTION BE IT RESOLVED by the Village Council of the Village of New Hope as follows: I. The persons below named are hereby appointed judges for the Primary Election to be held in the Village of New Hope, County of Hennepin, State of Minnesota, on Tuesday, September II, 1973. The judges appointed, the chairman 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 below noted. Mrs. Jackie Thompson 3221 Gettysburg Court Mrs. Lois Gould 3027 Ensign Avenue North Mrs. Lorraine Clausen 9009 - 30th Avenue North - Chairman Mrs. Elaine Wojack 3024 Ensign Avenue North B. 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 noted. Mrs. Barbara Battina 2832 Lamphere Drive - Chairman Mrs. Comfort Linder 3308 Yukon Avenue North Mrs. Lillian Poole 2865 Quebec Avenue North Mrs. Marge Franzen 2816 Quebec Avenue North 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 noted. Mrs. Marianne Wasnick 9029 - 46th Avenue North Mrs. Kathy Haugen 9401 Northwood Parkway Mrs. Charlotte Bates 9300 - 46th Avenue North - Chairman Mrs. Sharon Bobgan 3708 Gettysburg Avenue North 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 noted. Mrs. Joan Demeules 4964 Xylon Avenue North - Chairman Mrs. Jeri Sueker 3924 Xylon Avenue North Mrs. Karen Mikolich 4864 Boone Avenue North Mrs. Eunice Grosceen 4824 Virginia Avenue North 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 noted. Mrs. Joyce Johnson 4700 Oregon Avenue North Mrs. Rosemary Kaisershot 4031 Maryland Avenue North Mrs. Mary Adams 3657 Maryland Avenue North - Chairman Mrs. DeAnna Frandsen 3716 Maryland Avenue North 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 below noted. Mrs. Isabel Rudy 8421 Bass Lake Road - Chairman Mrs. Violet Underdahl 7706 - 53rd Avenue North Mrs. Virginia Mack 5420 Wisconsin Avenue North Mrs. Natalie Stuhr 5635 Wisconsin Avenue North 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 below noted. Mrs. Pauline Jensen 5817 Decatur Avenue North - Chairman Mrs. Gerry Rehnke 8810 - 60th Avenue North Mrs. Marcella Loushin 8801 - 61st Avenue North Mrs. Juan LaBelle 5816 Aquila Avenue North H. Eighth Precinct - Winnetka Elementary School 7940 - 55th Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count, or as below noted. Mrs. Gloria Voskui1 5931 Virginia Circle North Mrs. Dorothy Rudolph 5930 Wisconsin Circle North Mrs. Jean Pedersen 7961 - 59th Avenue North - Chairman Mrs. Julie Gagnon 6025 Sumter Place North I. Absentee Precinct - Village Office 4401 Xylon Avenue North To serve from 7:00 p.m. to completion of count. Mrs. Liz Harkwell 4301 Cavell Avenue North Mrs. Karen Johnson 8400 - 612 Avenue North Adopted by the Council this 13th day of August, 1973. 5Z'eC'j Edward Erickson, Mayor i lage Clerk -Treasurer res VILLAGE OF NMI HOPE RESOLUTION APPROVING PLAT OF GILBERT MORK 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 hereby authorized to sign the final plat. Mayor Attest: ,rte - �� Clerk -Treasurer STATE OF MINNESOTA SS COUNTY OF HENNEPIN CERTIFICATION 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 August 13, 1973 . Witness my hand and the seal of said Village this 15th day of August ! 19 73 Village Clerk -Treasurer ORDINANCE NO. 73- 12 AN ORDINANCE AMENDING SECTION 8.40 OF THE VILLAGE CODE RELATING TO TAXICABS AND TAXICAB DRIVERS Village of New Hope, Minnesota The Village Council of the Village of New Hope does hereby ordain as follows: Section 1. Sections 8.40 through 8.48 of the Village Code as presently written, are hereby repealed in their entirety. Section 2. Purpose. In an effort to provide the Village with the ability to license, regulate and control the operation of taxicabs and taxicab drivers, within the boundaries of the Village, the following amendments have been made to the Village Code. Section 3. Section 8.40 of the Village Code is hereby emended to read eg follow§; "8.40 TAXICABS AND TAXICAB DRIVERS 8.41 Definitions. Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given them by this section: Subd. (1) Certificate. "Certificate" means a certificate of public convenience and necessity issued by the Village Council authorizing the holder thereof to conduct a taxicab business in the Village of New Hope. Subd. (2) Driver's License. "Driver's License" means the permission granted by the Village Manager to a person to drive a taxicab on the streets of the Village of New Hope. Subd. (3) Holder. "Holder" means a person to whom a certificate of public convenience and necessity has been issued. Subd. (4) Person. "Person" means and includes one or more persons of either sex, natural persons, corporations, partnerships and associations. Subd. (5) Street. "Street" means and includes any street, alley, avenue, court, bridge, lane or public place in the Village of New Hope. Subd. (6) Taxicab. "Taxicab" means a motor vehicle regularly engaged in the business of carrying passengers for hire, whether over a fixed route or not, having a seating capacity of less than ten persons; provided further that said term shall not include vehicle subject to control and regulation by the Railroad and Warehouse Commission or vehicles regularly used by undertakers in carrying on their business. Subd. (7) Taxicab Stand. "Taxicab stand" means any place along the curb or street or elsewhere which is exclusively reserved by the Village Manager for the use of taxicabs. Subd. (8) Taximeter. "Taximeter" means any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, whether by distance traveled or waiting time or both, and upon which such charge shall be indicated by figures. Subd. (9) Waiting Time. "Waiting time" means the time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the re- quest, act or fault of a passenger of passengers. 8.42 Certificate of Public Convenience and Necessity Required. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the - 2 - Village of New Hope without having first obtained a certificate of public convenience and necessity from the Village Council, provided that any taxicab licensed to operate in any other municipality of this state may carry passengers from said municipality where so licensed to any place or point within the Village of New Hope and may receive passengers for carriage to such municipality where so licensed, but owners and drivers of such vehicles shall not be permitted to solicit business in the Village of New Hope, or otherwise operate a taxicab on the streets of said Village, without being licensed under the provisions of the chapter. 8.43 Application for Certificate. An application for a certificate shall be filed with the Village Clerk -Treasurer upon forms provided; and said application shall be verified under oath and shall furnish the following information: (a) The name, address and birthdate (if any) of the applicant. (b) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments. (c) The experience of the applicant in the transportation of passengers. (d) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. (e) The number of vehicles to be operated or controlled by the applicant; the name and address of the owner of each; the name and address of the holder of legal title thereto, if different; the class and passenger - carrying capacity of each of said vehicles; the length of time the vehicle has been in use; the make of the vehicle; its serial number, engine number and State license number; the mortgagee of said vehicle, if any, and the amount thereof; and the name and address of the persons receiving the revenues from the operation of said vehicle and paying the expenses therefor. (f) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. -3- (g) Such further information as the Village Manager may require. If such application is made by an individual, it shall be signed and sworn to by such owner; if it is by partnership, then it shall be signed and sworn to by one of the partners thereof; and if by a corporation, then by one of the duly elected officials of said corporation. 8.44 Public Hearing. Upon filing an application, the Council shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the general public by publishing a notice of such hearing in the official newspaper. 8.45 Issuance of Certificate. If the Council finds that further taxicab service in the Village of New Hope is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public trans- portation and to conform to the provisions of this chapter and the rules promulgated by the Village Council, the Village Council shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied. In making the above findings, the Village Council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant. 8.46 Indemnity Bond or Liability Insurance Required. No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect a lia- bility insurance policy issued by an insurance company authorized to do business in the State of Minnesota for each vehicle authorized in the amount of Two Hundred Thousand Dollars ($200,000) for bodily injury to any one person; in the amount of Five Hundred Thousand Dollars ($500,000) for injuries to more than one person which are sustained - 4 - in the same accident and One Hundred Thousand Dollars ($100,000) for property damage resulting from any one accident. Said policy or certifi- cate of the insurer showing issuance of the policy shall be filed in the office of the Village Clerk -Treasurer. 8.47 License Fees for Certificate Holders. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee for the right to engage in the taxicab business of Twenty Dollars ($20) each year for each vehicle operated under a certificate of public convenience and necessity. Said licenses fees shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to said holder of the vehicle or vehicles under his operation and control. 8.48 Transfer of Certificates, No certificate of public convenience and necessity may be sold, assigned, mortgaged, or otherwise transferred without the consent of the Village Council. 8.49 Suspension and Revocation of Certificates. A certificate issued under the provisions of this ordinance may be revoked or suspended by the Village Manager if the holder thereof has: (a) . Violated any of the provisions of this chapter; (b) Discontinued operations for more than sixty (60) days; (c) Violated any ordinances of the Village of New Hope, or the laws of the United States or the State of Minnesota, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard, and the action of the Manager reviewed by the Village Council. 8.50 Taxicab Driver's License. No person shall operate a taxicab for hire upon the street of the Village of New Hope, and no person who owns or controls a taxicab -5- shall permit it to be so operated, and no taxicab licensed by the Village of New Hope shall be so driven at any time for hire, unless the driver of said taxicab shall have first obtained and shall have then in force a taxicab driver's license issued under the provisions of this chapter; provided that any driver licensed to operate in other municipality of this state may carry passengers from said municipality where so licensed to any place or point within the Village of New Hope, and may freely enter and travel upon the streets and thoroughfares for that purpose, and may receive passenters for carriage to said municipality where the driver of such vehicle is so licensed and in such case it shall not be deemed necessary for the driver of such vehicle to pay the license fee herein provided; but such driver shall not be permitted to solicit business on the streets of the Village of New Hope, or to otherwise operate within the Village of New Hope, or to othorwiso oporato within the Village of New Hope without being licensed under the provisions of this chapter. While within the corporate limits of the Village of New Hope the driver of such vehicle from such other municipality of the state shall have with him the licensed certificate for said vehicle and display the same to any person upon demand. 8.51 Application for Driver's License. An application for a taxicab driver's license shall be filed with the Village Clerk -Treasurer on forms provided by him; and such application shall be verified under oath and shall contain the following information: (a) The names and addresses of four residents of Hennepin County who have known the applicant for a period of five years and who will vouch for the sobriety, honesty and general good character of the applicant. (b) The experience of the applicant in the transportation of passengers. (c) The educational background of the applicant. (d) A concise history of his employment. Each application shall be accompanied by a certificate from a reputable physician of Hennepin County certifying that, in his opinion, the applicant is not afflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver. At the time the application is filed the applicant shall pay to the Village Clerk -Treasurer the sum of Three Dollars ($3) . - 6 - 8. 52 Examination of Applicant - Current State Motor Vehicle Operator's Permit Required. Before any applicant is finally passed upon by the Village Manager the applicant shall be required to pass a satisfactory examination as to his knowledge of the Village and to show that he has a current chauffeur's license issued by the State of Minnesota. 8.53 Police Investigation of Applicant - Traffic and Police Record. The Police Department shall conduct an investigation of each ap- plicant for a taxicab driver's license and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Village Manager. 8.54 Consideration of Application. The Village Manager shall upon consideration of the application and the reports and certificate required to be attached thereto approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the Village Manager to offer evidence why his application should be reconsidered. 8.55 Issuance of License - Duration - Annual Fee. Upon receipt of a Five Dollar ($5) license fee and approval of an application for a taxicab driver's license the Village Manager shall issue a license to the applicant which shall bear the name, address, age, signature and photograph of the applicant. Such license shall be in effect for the remainder of the calendar year. A license for every calendar year thereafter shall be issued upon the payment of Five Dollars ($5) , unless the license for the pre- ceding year has been revoked. 8.56 Display of License. Every driver licensed under this ordinance shall post his driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab. - 7 - 8.57 Suspension and Revocation of License. The Village Manager is hereby given the authority to suspend any driver's license issued under this chapter for a driver's failing or refusing to comply with the provisions of this chapter, such sus- pension to last for a period of not more than thirty (30) days. The Village Manager is also given authority to revoke any driver's license for failure to comply with the provisions of this chapter. However, a license may not be revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf. 8.58 Failure to Comply with Village, State and Federal Laws. Every driver licensed under this ordinance shall comply with all Village, State and Federal laws. Failure to do so will justify the Village Manager suspending or revoking a license. 8.59 Vehicles --Equipment and Maintenance. (a) Vehicles Must Be Inspected. Prior to the use and operation of any vehicle under the provisions of this ordinance said vehicle shall be thoroughly examined and inspected by the Police Department and found to comply with such reasonable rules and regulations as may be prescribed by the Village Manager. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the Village Manager shall deem necessary therefore. When the Police Department finds that a vehicle has met the standards established by the Village Manager, the Department shall issue a certificate to that effect, which shall also state the authorized seating capacity of said vehicle. (b) Periodic Inspections. Every vehicle operating under this ordinance shall be periodically inspected by the Police Department at such intervals as shall be established by the Village Manager to insure the continued maintenance of safe operating conditions. -8- (c) Vehicles Must Be Kept in a Clean and Sanita Condition. Every vehicle operating under this ordinance shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the Village Manager. 8.60 Designation of Taxicabs. Each taxicab shall bear on the outside of each rear door, in painted letters not less than four (4) inches nor more than eight (8) inches height, the name of the owner; and in addition, may bear an identifying design approved by the Village Manager. No vehicle covered by the terms of this chapter shall be licensed whose color scheme, identifying design, monogram, or insignia to be used thereon shall, in the opinion of the Village Manager, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this chapter, in such a manner as to be mis- leading or tend to deceive or defraud the public; and provided further, that if, after a license has been issued for a taxicab hereunder, the color scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the Village Manager, in conflict with or imitate any color scheme, identifying design, monogram, or insignia used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the license of or certificate covering such taxicab or taxicabs shall be suspended or revoked. 8.61 Taximeter Required. All taxicabs operated under the authority of this chapter shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night; and, after sundown, the face of the taximeter shall be illuminated. Said taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points and connections which, if manipulated, would effect their correct reading and recording. Each taximeter shall have thereon a flap to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the driver to throw the flag of such taximeter into a non -recording position at the termination of each trip. The said taximeters shall be subject to inspection from time to time by the Depart- ment of Police. Any inspector or other officer of said department is - 9 - hereby authorized either on complaint of any person or without such complaint, to inspect any meter and, upon discovery of any inaccuracy therein, to notify the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept of the highways until the taximeter is repaired and in the required working condition. 8.62 Rates of Fare --Rate Card Required. Every taxicab operated under this ordinance shall have a rate card setting forth the authorized rates of fare displayed in such a place as to be in view of all passengers. Rates charged may not exceed taxicab rates which are lawful in the City of Minneapolis. 8.63 Receipts. The driver of any taxicab shall upon demand by the passenger render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number of motor number, amount of meter reading or charges and date of transaction. 8.64 Refusal of Passenger to Pay Legal Fare: It shall be unlawful for any person to hire any vehicle herein de- fined with intent to defraud the person from whom it is hired of the value of such ssvice. 8.65 Taxicab Stands . The Village Council may designate taxicab stands by resolution in such place or places upon the streets of the Village of New Hope as it deems necessary for the use of taxicabs operated in the Village. Said resolution shall also designate the number of taxicabs which may be stationed at any such stand. No taxicab shall remain parked at the head of a column of two or more taxicabs at any stand for more than one hour consecutively. After that time, it shall move and permit the taxicab next in line to move up to the head of the column. No taxicab driver shall solicit passengers as fares except when traveling around the street or at a regularly designated stand. No driver shall dismount from a taxicab at any time for the purpose of soliciting passengers; provided that this shall not prohibit any driver from dismounting from his taxi- cab to assist a passenger entering his taxicab or dismounting therefrom. No taxicab shall park within thirty feet of any crosswalk unless this portion of the street has been designated as a taxicab stand. Only licensed taxicabs shall be permitted to park at any taxicab stand. - 10 - 8.66 Prohibitions of Other Vehicles. Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as taxicab stands. 8.67 Taxicab Service. All persons engaged in the taxicab business in the Village of New Hope operating under the provisions of this chapter shall answer all calls received by them for services inside the corporate limits of the Village of New Hope as soon as they can do so and if said services cannot be rendered within a reasonable time they shall then notify the propsective passenger how long it will be before said call can be answered and give the reason therefor. Any holder who shall refuse to accept a call anywhere within the corporate limits of the Village of New Hope at any time when such holder has available taxicabs shall be deemed a violator of this chapter. 8.68 Operating Requirements. All taxicab drivers shall be clean and courteous at all times. 8.69 Extra Passengers. No driver of any licensed taxicab shall carry any other than the passenger first employing a taxicab without the consent of such passenger. 8.70 Over Charging. No person shall charge or attempt to charge any passenger a greater rate of fare than that to which the taxicab is entitled under this chapter. 8.71 True Destination and Distance. No taxicab driver shall deceive any passenger who may ride with him, or who may desire to ride in any such vehicle, as to his destination or distance traveled or to be traveled. 8.72 Violation. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor." -11- ) Section 4. This ordinance shall be effective from and after its passage and publication. Passed by the Village Council of the Village of New Hope this �7 day of 1973. `/ Mayor i Attest: e -Treasurer (Published in the New Hope -Plymouth - 12 - , 1973.) A RESOLUTION DESIGNATING USE OF PORTION OF RECEIPTS FROM SALE OF BOONE AVENUE LOTS WHEREAS, the Village has sold certain property originally acquired as part of a park site and will receive $30,101, less legal and administrative fees from this sale, and WHEREAS, the construction fund established for the development of the Village park system will, when closed, have expendited some $8,700 in excess of present receipts. NOW, THEREFORE, BE IT RESOLVED by the Village Council, Village of New Hope, that the Village Manager is hereby authorized and directed to deposit the first $8,700 of re- ceipts from the sale of the property into Construction Fund #208 for purposes of balancing said fund. The fund upon pay- ment of all obligations occurred under the 1969 Park Bond Improvement and acquisition program is then to be closed to the 1969 Park Bond Redemption Fund. Adopted this 27th day of August, 1973. ,,Edward J rickson Mayor Attest: e PLM i o t Villa e Clerk -Treasurer A RESOLUTION ACCEPTING JOINT POWERS AGREEMENT ON PROJECT #285 AND AUTHORIZING MAYOR AND MANAGER TO SIGN ON BEHALF OF VILLAGE WHEREAS, the Village of New Hope and the City of Crystal have agreed to undertake the improvement of a portion of Pennsylvania Avenue as proposed in the City of Crystal pre- liminary report, and WHEREAS, there has been prepared an agreement whereby the City of Crystal will construct the project as provided for in Minnesota Statutes Section 471.59, said project having been reviewed and approved by the Village of Hope Engineer. NOW, THEREFORE, BE IT RESOLVED by the Village Council, Village of New Hope, Minnesota, that said agreement is here- by approved and the Mayor and Manager are hereby authorized and directed to sign said agreement on behalf of the Village. Adopted this 27th day of August, 1973. Edward J. Erickson Mayor Attest: uIiot Vill ge Clerk -Treasurer /�L g A RESOLUTION APPROVING MINNESOTA LAW, 1973, CHAPTER 517 REFUNDING IMPROVEMENT BONDS WHEREAS, the 1973 State Legislative session has enact- ed a bill known as Chapter 517 Laws of 1973 dealing with refunding of Temporary Improvement Bonds in the Village of New Hope, and WHEREAS, this bill was adopted at the request of the Village of New Hope and has been reviewed by the Village. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota that Chapter 517 Minnesota Laws, 1973 is hereby approved. BE IT FURTHER RESOLVED that the Village Clerk is hereby authorized and directed to submit a copy of this resolution of approval to the Secretary of State as required by Minnesota Statutes 645.021. Adopted this 27th day of August, 1973. Edward,.d":WErickson Mayor/ Attest: B Puiot Villa e Clerk -Treasurer 11.r.No. 1013 CiL1PUR No. 517 2 relating to the village of New Hopet 3 authorizing the village of New Hope to 4 refund certain temporary improvement 5 bonds. . 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTAI 7 Section 1. The village of New 11ope is hereby 8 authorized to issue refunding temporary improvement bonds 9 for the purpose of paying and refunding at maturity, the 10 principal amount of any of its temporary improvement bonds 11 issued during the years 1970, 1971, 1972 and 1973 in 12 accordance with Minnesota Statutes, Section 429.091, 13 Subdivision 3, to the extent that such principal amount 14 .cannot be paid out of ttie assessments and taxes,'if any, 15 levied for its payment and theretofore collected, or out of 16 other funds determined by the village council to be 17 available. Such refunding temporary improvement bonds may 18 be authorized to be issued by resolution of the council 19 whenever it is deemed necessary and expedient to do so. The 20 terms of their sale and issuance and the rights of the 21 holders thereof shall be the same as is provided by said 22 section 429.091, subdivision 3, with respect to the 23. temporary improvement bonds. No holder of any temporary 24 improvement bond of such village, outstanding the date this 25 act becomes effective, shall be required to accept in 26 payment or in exchange therefor any refunding temporary 27 Improvement bond issued hereinunder. 28 Sec, 2. This act shall be effective only after its 29 approval by a resolution adopted by a favorable vote of a 30 majority of the members of the council of said village, and e 4 1 upon compliance with Minnesota Statuteso Section 645.021, I I , 2 b � • H. F. No. 1693 Martin O. Sabo Speaker of the House of Representatives. f Alec G. Olson President of the Senate. Passed the House of Representatives this 15th day of May in the year of Our Lord one thousand nine hundred and seventy-three. d A. Burdick Chief Clerk, House of Representatives. Passed the Senate this 14th day of May in the year of Our Lord one thousand nine h hundred and seventy-three Patrick E. Flahaven Secretary of the Senate. Approved 1�j3�✓'1 1973 a �• Wendell R. Andersoa Governor of the State of Minnesota. Fileda�� �/ I973 Arlen I. Erdaid Secretary of State. i ORDINANCE NO. 73- % AN ORDINANCE AMENDING SECTION 4.51 OF THE VILLAGE CODE RELATIVE TO HOME OCCUPATIONS, AND SECTION 4.43 OF THE VILLAGE CODE RELATIVE TO SPECIAL USE PERMITS FOR HOME OCCUPATIONS. Village of New Hope, Minnesota The Village Council of the Village of New Hope does hereby ordain: Section 1. In order to permit the use of a single family residence as a business or a usage characteristic of a business, in an area zoned for single family residences, and which use is compatible with the single family char-, acter of New Hope, the Village Council amends Section 4.51 of the Village Code as follows. Section 2. Section 4.92 (21) , Home Occupations, is hereby repealed. ' Section 3. Section 4.92 (21) , Home Occupations, is hereby amended to read as follows: , (21) Home Occupation is defined as a business conducted in any residential area from which the home is used as the base or central location for operating such business. Section 4. Section 4.51 (3) as presently written, is hereby repealed. Section 5. Section 4.51 (3) is hereby amended to read as follows: (a) Definition: Home Occupation is defined as a business conducted in any residential area from which the home is used as the base or central location for operating such business. (b) Businesses which meet the following criteria are permitted home occupations. 1. Businesses which require no interior or exterior changes necessary to conduct the business; which are conducted within a principal building; or which require no mechani- cal or electrical equipment not customarily found in a home. 2. Businesses which do not significantly alter the traffic pattern of the neighborhood. 3. Businesses which do not require employees other than those living on the premises. 0 4. Businesses which require no more than 20% of the gross floor area of a dwelling, not to exceed 300 square feet including accessory building. 5. Businesses which are not involved in direct sales on the premises except as may be conducted through the use of the U.S. mail or by taking and delivering orders by telephone. (c) Those businesses which do not meet the criteria listed above for a permitted home occupation may apply for a special use permit to operate a business in a residential area as defined in Section 4.46. Section 6. Section 4.43 of the Village Code is hereby amended by adding the following: (5) A business or business -characteristic usage in a resi- dential (R) area which does not meet the "home occupa- tion" criteria as set forth in Section 4.51 (3) (b) 1-5 may be granted a Special Use Permit, provided: (a) The Council shall find that all business related activity occuring on the premises shall not cause any adverse changes to the residential character of the neighborhood. (b) The Council shall find that any exterior changes necessary to conduct the business are sufficiently screened, properly designed, or separated by distance so as to be consistent with existing adjacent resi- dential uses and compatible with the residential character of the district. (c) The Council shall find that any interior changes necessary to conduct the business comply with all building, electrical, mechanical and fire codes governing the use in a residential occupancy. (d) The Council shall find that the traffic generated by the business involves only vehicles of the type that typically service single family residences and that such traffic constitutes neither a nuisance nor a safety hazard. Section 7. This ordinance shall be effective from and after its passage and publication. -2- h Passed by the Village Council of the Village of New Hope thisp/ dayof1973. Mayor Attest: erk-Treasurer (Published in the New Hope -Plymouth -s ,,f j , 1973.) -3- �aD RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR PARK LAND A000LSjIION. P ll B TC IMPROVEMENT NO. 264 BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: 1. That the amount proper and necessary to be specially assessed at this time for Park Land ACquisi_inn. Ptiblir Improvement No. 264 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 interest on the entire assessment from the date hereof to December 31, 19__, to be payable with general taxes payable in 19_,x, 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 consecutive year thereafter until the entire assessment is paid. 4. Prior to certification the owner of any lot, piece or parcel pay the whole of such assessment, with the Village Treasurer, but no interest made within thirty days after the date of the assessments to the County Auditor, of land assessed hereby may at any time interest to the date of payment, to shall be charged if such payment is of this Resolution. 5. The Village Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assesamerit 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 24th ATTEST: VIIIVe Clerk -Treasurer (SEAL) day of September " 19.Z3 . el Mayor /V RESOLUTION ADOPTING AND CCNFIRMING ASSESSMENTS FOR STREET IMPROVEMT NO. 268 AND STREET IMPROVEMENT N0. 260 BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: I. That the amount proper and necessary to be specially assessed at this time for Street ImprovemPnt Nn 26A A Improvement No. 26,0� 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 Hilly 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 interest on the entire assessment from the date hereof to December 31, 19__Z4 , to be payable with general taxes payable in 19_,[x, 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 consecutive 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 Village Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The Village Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessmett 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 24th day of Septpmber c' L%zIe-e--"(--I I jI Mayor ATTESTzzz" - zr�� Vil ge Clerk—Treasurer (SEAL) l3';� RESOLUTION ADOPTING AND CCNFIRMING ASSESSMENTS FOR STORM SEWER IMPROVF'MENT NO. 271A BE IT RESOLVED by the Village Council of the Village 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. 271A 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 one to tent years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 19„4, to be payable with general taxes payable in 192.L_, 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 consecutive 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 payrmmt, to the Village Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The Village 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 24th day of September , 1973 . Mayor ATTEST: e Clerk -Treasurer (SEAL) 133 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET IMPROVEMENT NO. 273 BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: 1. That the amount proper and necessary to be specially assessed at this time for Street Improvement No. 273 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 tPn (10)- years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 19_JA, to be payable with general taxes payable in 19-Z4—, 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 consecutive year thereafter until the entire assessment is paid. 4. Prior to certification the owner of any lot, piece or parcel pay the whole of such assessment, with the Village Treasurer, but no interest made within thirty days after the date of the assessments to the County Auditor, of land assessed hereby may at any time interest to the date of payment, to shall be charged if such payment is of this Resolution. 5. The Village Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessmwt 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 24th day of September 19L 3. K%yor ATTEST: e lark—Treasurer (SEAL) RESOLUTION ADOPTING AND CCNFIRMING ASSESSMENTS FOR STREET IMPROVEMENT NO. 281 BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: 1. That the amount proper and necessary to be specially assessed at this time for Street Improvement No. 281 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 persona 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 interest on the entire assessment from the date hereof to December 31, 19 74, to be payable with general taxes payable in 19ZL 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 consecutive 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 Village Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The Village Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessmee t Roll, with each installment and interest an 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 24th day of SPntPmher , 19-Z-1. ►ccs;, (SEAL) -C� e or /3 C5 - RESOLUTION ADOPTING AND CCNFIRMING ASSESSMENTS FOR STORM SEWER IMPROVEMENT NO. 282 HE IT RESOLVED by the Village Council of the Village 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. 282 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 aual annual principal installments extending over a period of ten 10 _ years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 19__L4 , to be payable with general taxes payable in 1924—, 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 consecutive year thereafter until the entire assessment is paid. 4. Prior to certification the owner of any lot, piece or parcel pay the whole of such assessment, with the Village Treasurer, but no interest made within thirty days after the date of the assessments to the County Auditor, of land assessed hereby may at any time interest to the date of payment, to shall be charged if such payment is of this Resolution. 5. The Village 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 24th ATTEST: VIIIAXe Clerk -Treasurer (SEAL) day of September , 1973 . elle' % Mayor RESOLUTION ADOPTING.AND_CONFIRMING ASSESSMENTS FOR LATERAL SANITARY SEWER IMPROVEMENT NO. 283 BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: 1. That the amount proper and necessary to be specially assessed at this time for Lateral Sanitary Sewer Improvement No. 283 against every assessable lot, piece or parcel of-T—an-cT affected thereby a�— 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 twpotyyears, the first of said installments, together with interest o he e Lire assessment from the date hereof to December 31, 19 74 , to be payable with general taxes payable in 19 74 , and one of each of--tTie 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 Village Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The Village 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 24th day of' SentembPr 19.7-_- P_-l4�(CS Mayor ATTEST: age Clerk -Treasurer (SEAL) RESOLUTION ADOPTING AND CCN FIRMING ASSESSMENTS FOR LATERAL WATER IMPROVEMENT NO. 28 BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: 1. That the amount proper and necessary to be specially assessed at this time for Lateral Water Improvement No. 283 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 a1 1 annual principal installments extending over a period of twenty (207_ years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 19_71, to be payable with general taxes payable in 19_x, 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 consecutive year thereafter until the entire assessment is paid. 4. Prior to certification o the owner of any lot, piece or parcel pay the whole of such assessment, with the Village Treasurer, but no interest made within thirty days after the date f the assessments to the County Auditor, of land assessed hereby may at any time interest to the date of payment, to shall be charged if such payment is of this Resolution. 5. The Village Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Assessmerkt 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 24th ATTEST: Clerk—Treasurer (SEAL) day of September , 1973 . ftyor /39 RESOLUTION..ADOPTING_,AND CONFIRMING ASSESSMENTS FOR STREET - IMPROVEMENT NO. 285 BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: 1. That the amount .proper and.necessary to be specially assessed at this time for Street Improvement No. 285 against every assessable lot, piece or parcel o land affected therebyams — 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 interest on the entire assessment from the date hereof to December 31, 19 74 , to be payable with general taxes payable in 19 74, and one of each of tie 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 Village Treasurer, but no interest shall be charged if such payment is made within thirty days after the date of this Resolution. 5. The Village 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 24th day of' September , 1973 ayor ATTEST: age Clerk—Treasurer (SEAL) i39 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS OF DELINQUENT WATER AND SANITARY SEWER SERVICE AND CONNECTION CHARGES BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NEW HOPE, MINNESOTA, as follows: The proposed rolls for the assessment of delinquent water and sanitary sewer service and connec- tion charges 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 Village Treasurer. The Clerk is instructed to certify said rolls to the County Auditor for collection with taxes payable in 1974. Dated the 24th day of September , 1973. ATTEST: j Mayor g Clerk -Treasurer (SEAL) /P RESOLUTION ADOPTING ASSESSMENT FOR SEWER CHARGE C-1973 WHEREAS, Pursuant to proper notice duly given, the Council has met and heard and passed upon all objections to the proposed assessment for Sewer Charge C-1973 made under authority of State law as implemented by 5.115 of the Village Code. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NEW HOPE, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment 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. 2. The assessment shall be payable in equal annual installments extending over a period of twenty (20) years, the first of the installments to be payable on or before the first Monday in January, 1974 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, 1974. 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 certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the Village 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 proper tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 24th day of September , 1973. c� Mayor ATTEST: =° a er - reasurer (SEAL) RESOLUTION ADOPTING ASSESSMENT FOR WATER ASSESSMENT 73-1 WHEREAS, Pursuant to proper notice duly given, the Council has met and heard and passed upon all objections to the proposed assessment for Water Assessment 73-1 made under authority of State law as implemented by 5.155 of the Village Code. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NEW HOPE, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assess- ment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the connection in the amount of the assessment levied against it. 2. The assessment shall be payable in equal annual installments extending over a period of twenty (20) years, the first of the installments to be payable on or before the first Monday in January, 1974 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, 1974. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certifi- cation of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the Village 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 proper tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 24th day of September 1973. ATTEST: age Clerk -Treasurer (SEAL) Mayor RESOLUTION ADOPTING ASSESSMENT FOR VILLAGE SERVICES -1973 WHEREAS, Pursuant to proper notice duly given, the Council has met and heard and passed upon all objections to the proposed assessment for Village Services -1973 under authority of State law as implemented by Section 9.119 of the Village Code. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NEW HOPE, MINNESOTA; 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein. 2. The assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1974 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, 1974. 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 certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the Village 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 proper tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 24th day of September 1973. Mayor ATTEST; Vi Clerk -Treasurer (SEAL) L. / /3 RESOLUTION RESOLUTION DETERMINING TOTAL AMOUNTS THAT WOULD HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS OF TAX FORFEITED LANDS IF SUCH PROPERTIES HAD BEEN SUBJECT TO ASSESSMENT AT THE TIME OF DETERMINATION BY THE VILLAGE COUNCIL OF THE VILLAGE OF NEW HOPE OF THE AMOUNTS TO BE ASSESSED IN THE MATTER OF THE IMPROVEMENTS NAMED IN THE FOLLOWING SCHEDULE; AND DIRECTING THE VILLAGE CLERK TO PREPARE AN ABSTRACT SHOWING THE DESCRIPTION'OF EACH PARCEL OF.LAND FORFEITED TO THE STATE FOR NON-PAYMENT OF TAXES AND THE TOTAL AMOUNT THAT WOULD HAVE BEEN ASSESSED AGAINST EACH PARCEL IF IT HAD BEEN SUBJECT TO ASSESSMENT; AND DIRECTING SAID VILLAGE CLERK TO CERTIFY THE SAME TO THE COUNTY AUDITOR PURSUANT TO THE PROVISIONS OF M. S. 282.01 - SUBDIVISION 3. WHEREAS, at the time of the determination of the Village Council of the Village of New Hope of the total amounts of money to be assessed in the proceedings of the improvements listed below, certain parcels of land had been forfeited to the State and were, therefore, not subject to assessment: NOW, THEREFORE, Pursuant to M. S. 282.01 - Subdivision 3, the Village Council does hereby determine that each of the parcels of land hereinafter described would have been assessed the amounts set opposite each such described parcel, if such parcel had not been tax -forfeited land and therefore not subject to assessment, and the Village Council does hereby determine that each of said parcels has been benefited in an amount equal to the amount set opposite each of said parcels: Levy Description Improvement No. Amount Lot 1, Block 2, Allan Hills Plat 62223, Parcel 300 Lot 1, Block 1, Winnetka Hills 2nd Addition Plat 62491, Parcel 300 Lot 14, Block 1, Winnetka Hills 2nd Addition Plat 62491, Parcel 4200 Storm Sewer 271A 5738 Park Acquisition 264 5667 Park Acquisition 264 5667 $48.56 43.90 43.90 The Village Clerk is hereby directed to make an abstract showing the description of each parcel of land forfeited to the State at the time of determination by the Village Council of the amounts to be assessed in these proceedings, and showing, in accordance with this resolution, the total amount that would have been assessed against each of the parcels of land if it had been subject to assessment. The said Village Clerk shall certify such abstract to the Hennepin County Finance Department/County Auditor for presentation to the Board of County Commissioners of Hennepin County. Dated this 24th day of September , 1973. Attest: e Clerk -Treasurer (SEAL) Mayor I A RESOLUTION ESTABLISHING A DEPARTMENT OF PROTECTIVE INSPECTIONS WHEREAS, it has become apparent that the Village must reorganize its inspection programs in order to obtain the maximum efficiency within current budget limitations while providing the citizens of the community the best possible inspection programs to protect their health and safety, NOW THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope that: 1) The present Village inspection services in the areas of building, electrical, plumbing and heating inspections, housing, sanitation, fire and zoning controls now provided by the separate functions identified in the budget as Protective Inspections, Health Service and Fire Inspections and Fire Marshal shall be combined into a new department to be known as the Department of Protective Inspections which shall be staffed and financed as provided by Council action. 2) The Head of this Department shall be as appointed by the Village Manager and shall also be an individual holding the position of Fire Chief, Fire Marshal or Building Official with the Village. 3) In accord with the recommendation of the Village Manager the following full-time personnel are included in the new department at the salaries noted effective October 1, 1973: Director of Protective Inspections Fire Chief Reimer $16,200 Fire Marshal/Village OSHA Office Fire Inspector Reedy 12,100 Building Official Present Employee General Inspector Assistant Building at present Inspector Brown salary The part-time clerk, sanitarian and electrical inspectors shall continue at the same payments and time schedules as approved for 1973. The part-time fire inspector now authorized in the 1973 budget shall be phased out over the rest of 1973. 4) The budgets now under consideration for 1974 for the various services noted shall 'be combined into one departmental budget beginning January 1, 1974. Adopted this 24th day of October, 1973. -' r Attest: Betty/Poul iot Village Clerk -Treasurer Edward J. Erickson Mayor' RESOLUTION ADOPTING BUDGET FOR THE VILLAGE OF NEW HOPE FOR THE YEAR 1974, AND ESTABLISHING TAX LEVY FOR THE YEAR 1973 PAYABLE IN 1974 BE IT RESOLVED by the Village Council of the Village of New Hope as follows: Section 1. The Budget for the Village of New Hope, Minnesota for all funds supported in whole or in part by property taxes for the calendar year of 1974 is hereby adopted as hereinafter set forth and the funds are hereby appropriated therefor: GENERAL FUND General Government Mayor and Council $ 14,610 Village Manager 32,262 Courts 20,900 Elections and Voters Registration 11,858 Municipal Clerk 58,564 Assessing 43,582 Accounting 34,111 Independent Accounting 2,333 Legal 14,000 Civil Service Commission 4,250 Industrial Commission 400 Human Relations 800 Youth Commission 2,200 Planning and Zoning 2,462 Municipal Building 35,928 Total General Government $278,260 Public Safet Police Protection $464,457 Fire Protection 97,423 Protective Inspections 71,958 Civil Defense 1,454 Animal Control 16,957 Total Public Safety $652,249 Public Works Engineering $ 7,000 Streets and Alleys 101,013 Snow and Ice Removal 18,850 Traffic Signs, Signals and Markings 5,800 Street Lighting 24,000 Total Public Works $156,663 - 2 - Sanitation and Waste Removal Storm Sewers $ 29,044 Weed Eradication 1,714 Total Sanitation and Waste Removal $ 30,758 Public Welfare Conservation of Health $ 7,882 Total Public Welfare $ 7,882 Recreation Recreation $ 153,966 Parks 183,410 Total Recreation $ 337,376 Other Functions $ 128,442 TOTAL GENERAL FUND $1,591,630 FIREMEN'S RELIEF FUND $ 32,000 BOND AND DEBT SERVICE FUND 1961 Municipal Building Bonds $ 6,900 1963 Park Improvement Bonds 17,444 1965 Swimming Pool and Park Bonds 16,300 1968 Park Improvement Bonds 31,200 1969 Park Improvement Bonds 46,700 Bond No. 4 8,000 Bond No. 41 30,000 1973 Park Improvement Bonds 31,200 Total Bond and Debt Service Fund $ 187,744 TOTAL TAX SUPPORTED FUNDS $1,811,374 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 Attached Machinery 1,406 Licenses and Permits - Business 14,000 Licenses and Permits - Non Business 27,550 Court Fines 59,000 Revenue from Use of Money and Property 400 Shared Taxes 429999 Grants 28,100 Current Charges 37,545 Transfers - Clerical 25,000 Liquor 10,000 Administration 8,500 Utility 175,000 -3 - Refund - Animal Control $ 7,300 Federal Revenue Sharing 141,000 Total General Fund $978,800 TRUST AND AGENCY Fire Insurance Rebate 16,000 TOTAL ESTIMATED RECEIPTS $994,800 Section 3. That there be and hereby is levied upon all taxable real and personal property in the Village of New Hope a tax in the following amount hereinafter set forth: For the General Fund: Base Levy $595,543.12 Special Levy for Loss of Revenue 46,120.88 Total Levy 641,664.00 Less 2% Estimated Uncollectible 12,833.00 Net Receipts $628,831.00 (Includes $16,000 for Firemen's Relief) For the Debt Redemption Fund $187,744.00 (Including Estimated 2% Uncollectible) Section 4. This resolution shall be in effect from and after its adoption and any expenditures in addition to those herein appropriated shall be made only after approval is given by at least four Council members. Adopted this 1st day of October, 1973. Attest:���- oma_ r Edward J.' -Erickson, Lletty"Pou1iot Village Clerk -Treasurer er I e' John5Qn, \Uounci-1iVn Richard u a:, Hokr, ouncilman Peter Ennck, Councilman RESOLUTION APPROVING 1973 TAX LEVY, COLLECTIBLE IN 1974 AND AUTHORIZING CERTIFICATION TO THE COUNTY AUDITOR BE IT RESOLVED by the Village Council of the Village of New Hope, County of Hennepin, Minnesota, that the following sums of money be levied for the current year, collectible in 1974 upon the taxable property in the Village of New Hope, for the following purposes: General Fund Base Levy: (Base levy includes: $9,500 to close out 1973 $16,327 Firemen's Relief $13,832 Social Security $78,805 P.E.R.A.) Poor Fund costs Special Levies: Decreased Non -Tax Revenues Debt Service 1961 Municipal Building Bonds 1963 Park Improvement Bonds 1965 Swimming Pool/Park Bonds 1968 Park Improvement Bonds 1969 Park Improvement Bonds 1973 Park Improvement Bonds Bond No. 4 Bond No. 41 Provision has been made by the Village of any additional amounts needed in excess contributory share to the Public Employee's vided for in Minnesota Statutes Annotated, further levy in excess of the $92,637 cited purpose. $595,543.12 $ 46,120.88 6,900.00 17,444.00 16,300.00 31,200.00 46,700.00 31,200.00 8,000.00 30,000.00 of New Hope for payment of $92,637 as the Village's Retirement Fund, as pro - Section 353.01 et seq. No above is required for this The Village Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the Village Council on October 1, 1973. .CIC-Lf� j E ward J`'Erickson, Mayor Attest: Betty Pouliot Village Clerk -Treasurer RESOLUTION DIRECTING CERTIFICATION OF AMOUNTS IN VARIOUS SINKING FUNDS FOR THE PURPOSE OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1974 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 Appropriat- ing Special Assessments and Levying Taxes for the Payment Thereof", and Bond 5 WHEREAS, by resolution adopted by this Council on the 14th day of July, 1958, entitled "Resolution Authorizing and Establishing the Form and Details of $76,000 Improvement Bonds, Series of August 1, 1958, and Appropriating Special Assessments and Taxes for the Payment Thereof", and WHEREAS, by resolution adopted by this Council on the 15th day of August, 1961, entitled "Resolution Authorizing and Establishing the Form and Details of $442,000 Improvement Bonds of August 1, 1961, Series A, and Appropriating Special Assessments and Taxes for the Pay- ment Thereof". and Bond 21 WHEREAS, by resolution adopted by this Council on the 10th day of July, 1962, entitled "Resolution Authorizing and Establishing the Form and Details of $690,000 Bonds of 1962, and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and Bond 22 WHEREAS, by resolution adopted by this Council on the 6th day of August, 1962, entitled "Resolution Authorizing and Establishing the Form and Details of $405,000 Improvement Bonds of 1962, Second Series, and Appropriating Special Assessments and Levying Taxes for the Pay- ment Thereof", and Bond 24 WHEREAS, by resolution adopted by this Council on the 21st day of November, 1962, entitled "Resolution Authorizing and Establishing the Form and Details of $1,220,000 Improvement Bonds of 1962, Fourth Series, and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and Bond 26 WHEREAS, by resolution adopted by this Council on the 23rd day of July, 1963, entitled "Resolution Authorizing and Establishing the Form and Details of $403,000 Improvement Bonds of 1963, First Series, and Appropriating Special Assessments and Levying Ad Valorem Taxes for the Payment Thereof", and Bond 27 WHEREAS, by resolution adopted by this Council on the 19th day of November, 1963, entitled "Resolution Authorizing and Establishing the Form and Details of $1,110,000 Improvement Bonds of 1963, Second Series, and Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and Bond 29 WHEREAS, by resolution adopted by this Council on the 10th day of November, 1964, entitled "Resolution Authorizing and Establishing the Form and Details of $375,000 Improvement Bonds of 1964, and Appropriating Special Assessments and Levying Taxes for the Pay- ment Thereof", and Bond 40 WHEREAS, by resolution adopted by this Council on the 9th day of September, 1971, entitled "Resolution Authorizing and Establishing the Form and Details of $1,155,000 Improvement Bonds of 1971, and Appropriating Special Assessments and Levying Taxes for the Pay- ment 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 Appropriat- ing Special Assessments and Levying Taxes for the Payment Thereof", and WHEREAS, said resolutions levied upon all taxable property with- in the corporate limits of the Village, a direct, annual, ad valorem tax, to be spread upon the tax rolls for the year specified, including the sums below listed, specified for 1-72 to be collected in the ensuing year of 1973-. T " a. Bond 3 $75,000 Improvement Bonds Series of October 1, 1957 $ 800.00 b. Bond 18 442,000 Improvement Bonds of 1961 - Series A 1,000.00 - 2 - c. Bond 21 $690,000 Improvement Bonds of 1962 $ 8,300.00 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 14,200.00 h. Bond 29 375,000 Improvement Bonds of 1964 1,700.00 i. Bond 40 1,155,000 Improvement Bonds of 1971 12,000.00 j. Bond 42 545,000 Improvement Bonds of 1973 43,600.00 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 Village, to be spread upon the tax rolls for each year of term of the bonds, and shall specify the amounts of the levies of such tax for all years such that if collected in full they, together with the taxes theretofore levied and appropriated to said fund, plus the estimated collection of said special assessments and of all other special assessments 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 Village of New Hope, Minnesota as follows: 1. The recitals contained hereinabove are incorporated herein by reference. - 3 - 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 24th day of September, 1973. Attest: etty 4LA]iot pillage Clerk -Treasurer l Edward J. Erickson, Mayor 10 RESOLUTION DIRECTING CERTIFICATION OF AMOUNT'UF 1958 IMPROVEMENT BOND SINKING FUND TO COUNTY AUDITOR FOR PURPOSE OF REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1974 WHEREAS, by resolution adopted by this Council on the 10th day of February, 1958, as amended on February 28, 1958, by adoption of a res- olution entitled "Resolution Amending Resolution of February 10th, 1958, relating to the Sanitary Sewer improvement No. 7 and Storm Sewer Improve- ment No. 10 Funds, The Authorization of $854,000 Improvement Bonds of 1958 and the Appropriation of Special Assessments and Taxes for the Payment Thereof", and WHEREAS, said resolution levied upon all taxable property within the corporate limits of the Village, a direct, annual, ad valorem tax, to be spread upon the tax rolls for the year specified, including $55,479.37 specified for the year 1973 and collected in the ensuing year 1974, and WHEREAS, said resolution specified as follows, in part: "On or about October 1st of each year, the Village 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 authorized to reduce the amount of the tax levy for such year by the excess amount in hand in said fund as so certified to him", and WHEREAS, there is on hand $47,479.37. NOW, THEREFORE, BE IT RESOLVED by the Village of New Hope as follows: 1. The recitals contained hereinabove are incorporated herein by reference. 2. The total amount in the 1958 Improvement Bond Sinking Fund is hereby found and declared to be in excess of $47,479.37 and the taxes to be levied in 1973 shall be reduced by $47,479.37. 3. The Clerk shall forthwith request the County Auditor to reduce the amount of ad valorem levy as above recited ($55,479.37 to $8,000.00). Dated the 24th day of September, 1973. Attest: r.0 Betty -Pouliot Village Clerk -Treasurer W9 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 1973, FOR COLLECTION IN 1974 WHEREAS, by resolution' adopted by this Council on the 28th day of August, 1972, entitled "Resolution Authorizing and Establishing the Form and Details of $950,000 Improvement Bonds of 1972, and 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 Village, a direct, annual ad valorem tax, to be spread upon the tax rolls for the year specified, including $50,299 specified to be levied as taxes in 1973 for collection in 1974, 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 Village Code (Improvement Bond Redemption Fund) further provides in part: unless such special assessments to be received by the $950,000 improvement bonds of 1972 fund are sufficient to provide for the payment of the bonds and the interest thereon, the Council shall levy a general ad valorem tax upon all taxable property within the Village, to be spread upon the tax rolls for each year of term of the bonds, and shall specify the amount of the levies of such tax for all years such that if collected in full they, together with the taxes theretofore levied and appropriated to said fund, plus the estimated collection of said special assessments and of all other special assessments theretofore pledged to said fund, will produce at least five percent in excess of the amounts needed to meet when due the principal and interest payments on said bonds and all other than outstanding bonds which are payable from said funds, and WHEREAS, there is on hand $20,299. NOW, THEREFORE, BE IT RESOLVED by the Village of New Hope as follows: 1. The recitals contained hereinabove are incorporated herein by reference. 2. The total amount in 1972 fund is hereby and the taxes to be by that amount. the $950,000 improvement bonds of found and declared to be $20,299 levied in 1973 shall be reduced - 1 - 3. The Clerk shall forthwith request the County Auditor to reduce the amount of ad valorem levy as above recited ($50,299 to $30,000). Attest: Bet-ty Pouliot Village Clerk -Treasurer - 2 - �T rEdward J. Erickson, Mayor /5d RESOLUTION CONSIDERING REZONING REQUEST DESIGNATED AS PLANNING CASE NO. 73-58 TO REZONE THE NORTH SIDE OF 49TH AVENUE NORTH AT FLAG AVENUE NORTH, EXTENDED, FROM LIMITED INDUSTRY TO RETAIL BUSINESS FOR MLB PROPERTIES, INC., AND DENYING SAME im WHEREAS, Chapter 462 of the Minnesota Statutes authorizes the Village Council with the aid and assistance of the Village Planning Commission to carry on municipal planning activities which guide future development and improvement of our community, and WHEREAS, Section 462.357 provides specific authorization as planning relates to zoning and land use and authorizes the Village to adopt ordinances establishing uses within different zoning districts, and WHEREAS, the Village has enacted a zoning ordinance and established permitted uses and special use permits and variances for the individual districts and is attempting to plan and guide future development of the community, and WHEREAS, MLB Properties, Inc. has filed an application to rezone a parcel of land currently zoned Limited Industry (LI) to Retail Business (RB) , and WHEREAS, the Planning Commission on September 4, 1973, considered the Staff Findings and Comments dated September 4, 1973, the Comprehensive Plan, and the arguments of petitioner as incorporated in the minutes of the Planning Commission Meeting of said date, and recommended denial of the petition for rezoning, and WHEREAS, the Staff Comments and minutes of the September 4, 1973 meeting of the Planning Commission are incorporated herein by this reference, as well as the minutes of the Village Council Meeting of September 10, 1973, and the statements made by petitioner at said meeting, and WHEREAS, to justify the use of the power to rezone, the Council must find a mistake in the original zoning of the property in question, or that there has been substantial change in the general land use concepts in the surrounding area, the Council makes the following: FINDINGS OF FACT 1. The 1960 development plan of the Village proposed that the dividing line between industrially zoned property, south of the Soo Line tracks be in the vicinity of 50th Avenue North, and 49th Avenue North was ultimately determined by ordinance to be this division street, and this plan has been substantially conformed to. 2. The 49th Avenue interchange with County Road 18, although pre- viously unknown as to precise design, has since 1958 been proposed as a major intersection, and its present near -completion stage represents no material change in planning, nor original mistake. 3. The multiple residence site to the south of the subject property represents no substantial change - only a higher density of population on the site - and adjacent to the interchange. 4. The Limited Industry (LI) area as originally zoned north of 49th Avenue is developing substantially in the manner envisioned, not only in New Hope, but across County Road 18 in Plymouth. 5. One unanticipated change has been the 49th Avenue Ball Field, but locating this lighted recreational facility in the industrial area minimizes the nuisance factors for all concerned, both Limited Industry (LI) and Residential. 6. The two service station sites north of 49th Avenue, near County Road 18 are not substantial changes from the original land use plan as evidenced by the inclusion of service stations as special uses within the original zoning code adopted to implement the land use plan. The inherit political nuisance factors of a service station use are no more nor less significant to Limited Industry (LI) use or a Retail Business (RB) use. 7. The Village at the present time appears to have sufficient undevelop- ed Retail Business (RB) use property to meet its needs judging from the existing vacant Retail Business (RB) zoned property. 8. Many single-family residents have purchased their homes south of 49th Avenue, in this vicinity, with the zoning as at present, and they are entitled to rely upon this zoning, without the addition of further nuisance factors such as glare, noise and traffic. 9. That due to the protracted construction work on County Road 18, and the 49th Avenue interchange (as well as other interchanges in the area), projections as to traffic flow effect on the desirability of the subject site as presently zoned, or as proposed by petitioner, are too speculative to justify disturbing the longstanding comprehensive land use plan for the area. 10. That insufficient evidence has been submitted to justify the zone use change requested. - 2 - NOW, THERFORE , BE IT RESOLVED: That the petition for rezoning contained in Planning Case 73-58 should be and hereby is denied. Dated this 9th day of October, 1973. Attest: HCl c� r� �� erk-Treasurer ms Mayor RESOLUTION REQUESTING THE M.T.C. TO CONSIDER PROVIDING BUS SERVICE TO NORTH HENNEPIN COMMUNITY COLLEGE AND THE NORTH HENNEPIN VOCATIONAL/TECHNICAL SCHOOL WHEREAS, the two schools serve all the communities in the North Hennepin County area, and WHEREAS, the schools are not presently being served by any scheduled bus service, and WHEREAS, the present enrollment at the Community College is 2,600 and at the Vocational/Technical School is 2,000, and WHEREAS, many students attending these schools have ex- pressed a desire to use bus service when available, and WHEREAS, previous extensions of bus service into New Hope have resulted in increased ridership for the route. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope: 1. That the Metropolitan Transit Commission is hereby requested to consider providing scheduled bus service to North Hennepin Community College and North Hennepin Vocational/Technical School. 2. That the Village Clerk is instructed to convey a copy of this resolution to the M.T.C. 3. That copies of this resolution should be sent to all other municipalities in the North Hennepin County area and the municipalities are encour- aged to pass similar resolutions and convey them to the M.T.C. Adopted this 9th day of October, 1973. Edward J `Erickson, Mayor Attest: r Betty ouliot Villa e Clerk -Treasurer 1_��-cZ, ORDINANCE NO. 73- 20 AN ORDINANCE AMENDING CHAPTER 7.04 "NUISANCES AND RUNNING AT LARGE" Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 7.04 of the Village Code is amended in its entirety to read as follows: 7.04 Nuisances and Running at Large 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 Village other than on premises owned by or rented by the owner. 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. It 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 deposit 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 in force and effect upon its passage and publication. Dated the 9th day of October , 1973. r; Mayor` Attest: —�� � c Clerk -Treasurer Published in the New Hope Plymouth Post the 18th day of October , 1973. RESOLUTION APPOINTING ELECTION JUDGES FOR REGULAR VILLAGE ELECTION BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. The persons below named are hereby appointed judges for the Regular Village Election to be held in the Village of New Hope, County of Hennepin, State of Minnesota, on Tuesday, November 6, 1973. The judges appointed, the chairman 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 below noted. Mrs. Jackie Thompson 3221 Gettysburg Court Mrs. Lois Gould 3027 Ensign Avenue North Mrs. Lorraine Clausen 9009 - 30th Avenue North - Chairman Mrs. Elaine Wojack 3024 Ensign Avenue North Mrs. Darlene Lyman 3332 Ensign Avenue North B. 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 below noted. Mrs. Barbara Battina 2832 Lamphere Drive - Chairman Mrs. Comfort Linder 3308 Yukon Avenue North Mrs. Lillian Poole 2865 Quebec Avenue North Mrs. Marge Franzen 2816 Quebec Avenue North Mrs. Janet Nord 8811 - 602 Avenue North 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 noted. Mrs. Marianne Wasnick 9029 - 46th Avenue North Mrs. Kathy Haugen 9401 Northwood Parkway Mrs. Sharon Bobgan 3708 Gettysburg Avenue North - Chairman Mrs. Heather Wall 8924 - 402 Avenue North Mrs. Nancy Lemmon 9019 - 46th Avenue North D. E. F. G. H. Fourth Precinct - New 'nope Eie,ueiicary Schooj 8301 - 47th Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count, or as noted. Mrs. Joan Demeules 4964 Xylon Avenue North - Chairman Mrs. Jeri Sueker 3924 Xylon Avenue North Mrs. Karen Mikolich 4864 Boone Avenue North Mrs. Eunice Grosceen 4824 Virginia Avenue North Mrs. Dorothy Carpenter 4949 Virginia Avenue North Fifth Precinct - H-oly 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 noted. Mrs. Joyce Johnson 4700 Oregon Avenue North Mrs. Rosemary Kaisershot 4031 Maryland Avenue North Mrs. Mary Adams 3657 Maryland Avenue North - Chairman Mrs. DeAnna Frandsen 3716 Maryland Avenue North Mrs. Carol44e Hogg 4601 Rhode Island Avenue North 1'1 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 below noted. Mrs. Isabel Rudy 8421 Bass Lake Road - Chairman Mrs. Violet Underdahl 7706 - 53rd Avenue North Mrs. Virginia Mack 5420 Wisconsin Avenue North Mrs. Natalie Stuhr 5635 Wisconsin Avenue North Mrs. Sharon Reckin 7806 - 53rd Avenue North 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 below noted. Mrs. Pauline Jensen 5817 Decatur Avenue North - Chairman Mrs. Gerry Rehnke 8810 - 60th Avenue North Mrs. Marcella Loushin 8801 - 61st Avenue North Mrs. Juan LaBelle 5816 Aquila Avenue North Mrs. Elayne Gunnare 6182 Zealand Avenue North Eighth Precinct - Winnetka Elementary School 7940 - 55th Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count, or as below noted. Mrs. Elaine Richardson 8011 - 60th Avenue North Mrs. Dorothy Rudolph 5930 Wisconsin Circle North Mrs. Jean Pedersen 7961 - 59th Avenue North Mrs. Julie Gagnon 6025 Sumter Place North Mrs. Ludwina Schoenborn 6073 Sumter Avenue North I. Absentee Precinct - Village Office 4401 Xylon Avenue North To serve from 7:00 p.m. to completion of count. Mrs. Liz Harkwell 4301 Cavell Avenue North Mrs. Karen Johnson 8400 - 612 Avenue North Adopted by the Council this 9th day of October, 1973. Edward J. Erickson, Mayor Vi age Clerk -Treasurer ORDINANCE NO. 73-21 AN ORDINANCE AMENDING SECTIONS 9.101, (8), (10), (11), 9.102 (1), (2) (d), (3), (4), (5), (6) RELATING TO WASTE STORAGE COLLECTION, AND DISPOSAL; DEFINING TERMS THEREIN; ESTABLISHING SANITATION REQUIREMENTS; PROHIBITING UNWHOLESOME AND UNHEALTHY LITTER AND OTHER NUISANCES Village of New Hope, Minnesota The Village Council of the Village of New Hope ordains: Section 1. Section 9.101 (8) Refuse is hereby amended by �gjnq �retq the fgjjpwjnq: U Bulky Wilte1`ials ai-e waCeiriak whick, becaUSe of their size and/or weight are not commonly stored or placed in waste containers and include, but are not limited to appliances, furniture, sod, building materials, light hedge clippings and tree branches when such clippings or branches are not more than 4 feet in length and are tied in bundles not more than 24 inches in diameter or more than 50 lbs. in weight. Section 2. Section 9.101 (10) Waste "Waste" shall mean "Garbage", "Refuse", or "Rubbish" as those terms are defined hereinabove, but shall not include reusable, recyclable industrial. -waste products. k. Section 3. Section 9.101 (11) Waste Containers, General is hereby amended to read as follows: 9.101 (11) Waste Containers, Permanent and Disposable a) "Permanent waste containers" shall mean a container of galvanized iron, plastic or non corrodible material with a close -fitting cover, rodent and fly -proof, non-absorbent, and leak- proof, of the type commonly sold as a garbage can, of suitable gauge and construction to in- sure durability and with suitable handles on can and lid and of a capacity not less than ten (10) gallons nor more than thirty (30) gallons. b) "Disposable waste containers" shall mean containers made of lightweight material including plastic bags or cardboard boxes, intended by a person, when left for pickup, to be disposed of along with any refuse, garbage, rubbish or yard clippings contained therein. I Section 4. Section 9.102 (1) Accumulation of Waste Storage is hereby amended, by adding thereto the following: 9.102 Waste Storage. Subd. (1) Accumulation of Waste Prohibited. a. Waste shall be removed from the premises at least once every seven days and every per- son shall keep his premises at all times free and clean from same. b. No person shall permit any garbage or refuse to accumulate within the Village unless the same is suitably enclosed in waste containers as defined hereinabove, unless otherwise provided herein. c. The above provisions shall not apply to reusable or recyclable industrial wastes, which shall be considered an industrial by-product. Section 5. Section 9.102 (2) d. Institutional, Commercial and Industrial Waste Containers is hereby amended to read as follows: d) Institutional, Commercial and Industrial Waste Containers. Institutional, commercial and industrial waste containers not mounted on wheels shall be stored on durable racks, placed on an easily cleanable surface and screened from view. The racks, when placed on the surface shall be raised above the ground. Containers mounted on wheels shall be specifically designed for use with collection vehicles. Containers with wheels must be placed on a concrete or other non -pene- trating surface. Section 6. Section 9.102 (3) Deposit of Garbage in Waste Containers is hereby amended to read as follows: r Subd. (3) Deposit of Garbage in Waste Containers. It shall be the duty of the owner, occupant or person in charge of any premises to cause all garbage produced on the premises to be securely wrapped, bagged and placed in either a sealed disposable con- tainer or permanent container as defined herein, as soon as practicable after the same is produced on the premises. All garbage placed in permanent con- tainers shall be bagged or wrapped in such a manner as will permit its free passage out of said con- tainer. All liquid waste shall be confined in a leak -proof container. e a Section 7. Section 9.102 (4) Location of Waste Containers is hereby amended to read as follows: Subd. (4) Location of Waste Containers - Regular Storage It shall be the duty of every owner, occupant or person in charge of any premises to place the waste containers on the ground or above ground level at ac- cessible outdoor or indoor location that may be con- veniently and economically serviced; however, no was.te container shall extend more than three (3) feet in front of the dwelling unit except as otherwise pro- vided herein, and shall not be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property. Containers placed outdoors shall be placed in such a manner as not to permit entry of or harborage for animals, insects or other vermin. Section 8, Section 9.102 (5) Screening is hereby amended to read as follows: 9.102 (5) Screening. All permanent and disposable waste containers, used in SR residential zoned areas or for SR homes in any zoning district shall be screened from all principal residential structures within 50 (fifty) feet and from the adjacent streets. Industrial, commercial, MR and Institutional uses shall provide screening for their waste containers so as to screen the containers from sight from off the premises on which located. The Village Manager may promulgate additional regulations as may be reasonably necessary to effectuate the above provisions. Such screen- ing shall be considered a fence for the purpose of 4.12 of the Village Code. Section .9. Section 9.102 (6) Disposable Containers is hereby amended to read as follows: . Subd. (6) Location of Residential Waste Containers on Pickup Day. Disposable., sealed containers as defined herein- above used by SR homes, containing waste may be placed on the curbside for pickup, but may not be placed on the curbside any earlier than sunset preceding the day of scheduled pick-up. Bulky materials and permanent wa&te containers cannot be placed at.curbside but may be, -placed in front of a single family residence on the apron of the garage area or at the corner of the residence if there is no garage not earlier than sunset preceding the day of pick-up. Section 10. Section 9 of the Village Code is hereby amended by adding thereto the following: 9.120 Penalty Violation of any provision of this ordinance is hereby declared to be a petty misdemeanor, punishable by a $5.00 fine assessable in the following manner: w a). $5.00 for single family residences, including duplexes for which each occupant is responsi- ble for storage and disposal of his own waste; b). $5.00 per dwelling unit for duplexes, four- plexes and other multiple residences, including r townhouses and other residential structures utilizing common facilities for storage and disposal of waste, not to exceed a maximum of $100.00 for all units therein; c). $5.00 per 1,000 square feet of building space, M or fractional portion thereof for retail businesses, office buildings, warehouses, manufacturing plants, churches, automotive service stations, or all other buildings not primarily used for,residential purposes, not to exceed a maximum of $100.00 for any single building. Adopted by the Village Council this ;?.3 day of October, 1973. f Edwar Erickson Mayor Attest. ou iot 4Vill e Clerk -Treasurer (Published in the New Hope -Plymouth Post on November 15, 1973 ). n 16:5, RESOLUTION REGARDING CITY STATUS FOR NEW HOPE WHEREAS, Minnesota Statues 1971, Section 413.02 as amended by Laws 1973, Chapter 123, provides that effective January 1, 1974, all Minnesota Villages for certain legal purposes must be referred to as "Cities"; and WHEREAS, utilizing the dual titles of Village and City would be of no benefit to New Hope and would in fact only lead to confusion. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope, that effective January 1, 1974, the Village of New Hope for all purposes and references will be referred to as the "City of New Hope". Adopted this ?3 day of r 1�_ , 1973. Edward Erickson Mayor Attest: y Pouliot Vill ge Clerk -Treasurer ORDINANCE NO. 73- 24 AN ORDINANCE AMENDING SECTION 4.67, SECTION 4.92 OF THE VILLAGE CODE RELATING TO SIGNS Village of New Hope, Minnesota The Village Council of New Hope ordains: Section 1. Section 4.67, Subd. 2 Sign Permits, is hereby amended to read as follows: "Subd. (2) Sign Permits Except for routine maintenance, no sign may be painted, constructed, erected, remodeled, re- located, or expanded until a sign permit is obtain- ed in accordance with the Building Code (See Section 3.20) and until all other signs on the premises of theapplicant are brought into con- formance with this ordinance. No sign permit shall be issued for any sign unless the sign is a permitted use (See Sections 4.51 and 4.52) and 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- vices, legal notices, and warnings at railroad crossings are exempt from the.permit requirement and from the regulations of this section. Furthermore, the following types of signs are exempt from the permit requirement 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-half (1/2) of the minimum setback specified in the district regulations. Section 2. Subdivision (2) of Section 4.67 Subd. 2, Sign Permits is hereby deleted. Section 3. Section 4.67 Subd. 3, General Standards, paragraph 4 is.hereby amended to read as follows: Para. (4) Projecting Signs No sign will be permitted which projects more than twelve inches beyond the side of the building to which it is attached. Section 4. Section 4.67 Subd. 3, General Standards, Para- graph 7, is hereby deleted. Section 5. Section 4.67 Subd. 3, General Standards, Para- graph 9 is hereby deleted. Section 6. Section 4.67 Subd. 3, General Standards, Para- graph 13, Political and Election Signs is hereby amended to read as follows: Para. (13) Political and Election Signs Signs of the type referred to in Subdivision (2) paragraph (6) of this Section 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 31 days before or 5 days after the election to which the sign relates. Section 7. Section 4.67 Subd. 3, General Standards, Para- graph 14, Window Signs, is hereby amended to read as follows: Para. (14) Window Signs An interior window sign means a sign affixed to a window or within a distance of 36 inches from the window. I.n__no event shall the size of the. interior window sign exceed o of the area o the window on or by which the sign is located. Lettering or letters of interior window signs shall not be larger from top to bottom than five (5) inches or wider than one (1) inch. Interior window signs shall not be of the gaseous tube type nor shall they be illuminated by interior means of lighting directed toward the window. Section 8. Section 4.67 Subd. 5, Name Plate, Directional, and Identification Signs, paragraph 2, is hereby amended to read as follows: Para. (2) Name Plate, Directional,_ and Identification Signs For each apartment development there shall be per- mitted one 1 identification sign not exceeding twenty-five square feet in area located near the main entrance to the building or complex of buildings, and indicating only the name and address of t-��uilding 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 5 square feet in area with letters of a size and color to clearly identify the individual building. Section 9. Section 4.67 Subd. 6, "For Sale" and "To Rent" Signs, paragraph 1 is amended by adding the following: - 2 - "Subd. (6) "For Sale and "To Rent" Signs. "For Sale" and "To Rent" signs shall be permitted subject to the following regulations: (1) For Sale or rental of a single family residence. There shall be no more than one (1) such sign per lot, except that on a corner lot two (2) signs, one facing each street, shall be No such signs shall exceed twelve (12�ermitted. 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 and shall not be positioned closer to the property line than 50 per- cent of the setback required within the particular zoning district in which the property is located. Section 10. Section 4.67 Subd. 9, Signs Accessory to Business or Industrial Uses, shall be titled as follows: Section 4.67, Subd. 9, Signs Accessory to Single Occupancy Business or Industrial Uses. Section 11. Section 4.67, Subd. 10, Front Wall Signs, para- graph 2 is hereby deleted. Section 12. Section 4.67, Subd. 14, Roof Signs is hereby amended to read as follows: Subd. (14) Roof Signs No part of any sign shall be maintained that ejects into the air space over the roof of any building or structure. Section 13. Section 4.67, Subd. 17, Signs Accessory to Shopping Centers, is hereby amended to read as follows: Subd. (17) Signs Accessory to Multiple Occupancy Business and Industrial Uses Including Shopping Centers When a sin le principal building is devoted to two 2 or more businesses, commercial 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 consistent with Paragraphs 1 through 3 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. - 3 - (1) All signs shall comply with the provisions of subdivisions 10 through 15 of this ordinance which subdivisions govern single occupancy business and industrial uses, ex- cept as otherwise provided. (2) Each individual aerator within a multiple occupancy building having_a separate exterior .entrance shall be permitted a wall sign or signs consistent with the sign plan required ins_ubdivision 17 above the maximum area o which shall not exceed 15 per cent of the area .of the proportionate share of the exterior wall (including doors and windows) of the principal building occupied by such use in Limited Business and General Business Districts, and JO per cent in Limited Industry and General Industry Districts and provided that the total area of sign or signs of each such use s a not exceed two hundred (200) square feet. A multiple occupancy bu— lding providing'a common shared entrance for the occupants shall be entitled to only the amount and type of signage that would be permitted if the entire building were occupied by a single operator. (3) The following signs accessory to shoppin renters are permitted in addition to signs permitted under paragraph 2 of this sub- division: (i) One additional ground sign per thoroughfare single or double faced) may be u$ed as an identification sign for the shopping center. Individual businesses within the shoe- ping center may not be advertised thereon. (ii) Individual businesses within a shopping center will be allowed no ground si ns not- withstanding the provisions of Subd. (1:31. (iii) Each business located in such shopping center shall be allowed a front wall sign as .provided in paragraph 2 above, even if such individual business shall not have a front face upon the exterior of the shopping center building. Section 14. Section 4.67, Subd. 20, Sign Variance, is hereby amended by deleting the following: -4- "Subd. 20 Sign Variance "...... : except that areas designated shopping centers as defined in the Village Code may pre- sent full and complete sign plans for the entire center. Such plan, when approved by the Village Council shall constitute the permitted signs for that center and any future change to such sign shall be submitted under the variance procedure and when adopted shall become part of the plan. Section 15. Section 4.92 of the Village Code is hereby amended by adding thereto the following: "Subd. 53 Sign, Gross Surface Area. Sign area shall be defined as the gross surface area and further defined as the entire area with- in a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. Such perimeter shall include any structural or framing elements. For computing the area of any wall sign which consists of letters mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters.. Section 16. This ordinance shall be in full force and effect from and after its passage and publication. Adopted by the Village Council of the Village of New Hope this /g day of Edward%. Erickson Mayors Attest: zz�rl 'P6ul iot Villa e Clerk -Treasurer RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE VILLAGE OF NEW HOPE, MINNESOTA PRESENT PLAT 62206, PARCELS 5220, 7800 and PRESENT PLAT 62420 PARCEL 6500, 7000 (FOR Knutson Companies, Inc, ) BE IT RESOLVED by the Tillage Council of the Village of New Hope: I. That Section 462.3581, 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 Secion 4.581 of the New Hope Village 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 Village 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 Village 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 Village of New Hope does hereby waive such compliance, and authorize the filing and record- ing 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) Mork & Associates site Outlot 1 and that part of Outlot 2, Science Industry Center which lies East of the line parallel with and 597.46 feet West of the East line of said Outlot 1. Also the South 167.97 feet of the East 537.46 feet of the NE 1/4 of the SW 1/4 of Section 6, Twp. 118, Rge. 21, subject to easement for street purposes over the East forty feet thereof. B) Residue of Outlot 2, Plat 62420 C) Residue of 62206, Parcel 5220 D) Residue of 62206, Parcel 7800 Dated this 12th day of NOVEMBER , 197 3 d Attest: Mayor -Treasurer RESOLUTION VACATING ASSESSMENTS ON PLAT 62207, PARCEL 7222, SECTION 7, TOWNSHIP 118, RANGE 21, FOR THE YEARS 1974 AND THEREAFTER VILLAGE OF NEIN HOPE, MINNESOTA BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. The Village of New Hope did acquire the fee title to Plat 62207, Parcel 7222, Section 7, Township 118,.Range 21, on or about the 24th day of October, 1973. 2. The legal description of said parcel is: Commencing at the Northwest corner of Keelor Steel 1st Addition thence South parallel with East line of Northwest Quarter (N1!4) to North line of South Quarter (SQ) of Northwest Quarter (ND! -14) thence West to Southeast corner of Outlot B, Olson Industrial Park, thence Northeasterly to Northeast corner of Lot 2, Block 1, said Plat, thence East to Southeast corner of Outlot A, said Plat, thence North to Northeast corner of said Outlot A, thence East to beginning, Section 7, Township 118, Range 21. 3. Assessments against the said premises are as follows: Balance due 4. This Council hereby finds and determines that the assessments against the said Village property should be and hereby are ordered to be vacated and the Village Clerk -Treasurer is authorized and directed to certify notice of the same to the County Auditor for the purpose of providing for the removal of the said assessments from the records. Dated the /A to day of 197-3_. ATTEST: ,�+ice%`,1�-_ _/%1•�i �`- -. (SEAL) .Total Annual Int. Years 1974 and Improvement Cost Principal Rt.% From -Jo thereafter Sanitary Sewer Main Imp. 793.90 39.70 6 1958-77 58.80 Sanitary Sewer Main Imp. #7 1,107.88 36.93 6% 1959-88 553.95 Sanitary Sewer Main 59-23 3,497.24 116.57 6% 1961-90 1,981.69 Water -Imp. 91 618.65 30.93 6% 1965-84 340.23 3,034.67 4. This Council hereby finds and determines that the assessments against the said Village property should be and hereby are ordered to be vacated and the Village Clerk -Treasurer is authorized and directed to certify notice of the same to the County Auditor for the purpose of providing for the removal of the said assessments from the records. Dated the /A to day of 197-3_. ATTEST: ,�+ice%`,1�-_ _/%1•�i �`- -. (SEAL) L1 /�/ RESOLUTION VACATING ASSESSMENTS ON PLAT 62207, PARCEL 6035, SECTION 7, TOWNSHIP 118, RANGE 21, FOR THE YEARS 1974 AND THEREAFTER VILLAGE OF NEW HOPE, MINNESOTA BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. The Village of New Hope did acquire the fee title to Plat 62207, Parcel 6035, Section 7, Township 118, Range 21, on or about the 15th day of June, 1973. 2. The legal description of said parcel is: Commencing at a point in South line of Northwest Quarter (NW4) distant 1102 01/100 feet West from Southeast corner thereof thence continuing West 140 feet thence North 200 feet thence West 107 ft thence Northwesterly to a point in North line of South Quarter (S4) of Northwest Quarter (NW4) distant 866 67/100 feet East from Northwest corner thereof thence East along said North line to its intersection with the West line of East 1102 01/100 feet of Northwest Quarter (NW -14) thence South to beginning, Section 7, Township 118, Range 21 3. Assessments against the said premises are as follows: 4. This Council hereby finds and determines that the assessments against the said Village property should be and hereby are ordered to be vacated and the Village Clerk -Treasurer is authorized and directed to certify notice of the same to the County Auditor for the purpose of providing for the removal of the said assessments from the records. Dated the /a to day of Xev e e i,r,. , 1973 Balance due Total Annual Int. Years 1974 and Improvement Cost Principal Rt.% From -To thereafter Street Improvement 144 35.00 ,'95.67 6% 967-81 $ 765.36 Sanitary Sewer Main Imp. #4 166.92 8.35 6% 1958-77 33.40 Sanitary Sewer Main Imp. 7 238.36 7.95 6% 1959-88 119.2.5 Sanitary Sewer Blain 59-23 742.61 24.75 6% 1961-90 420.75 Supplemental Water Lateral 113A 697.20 43.58 6% 1970-85 522.96 1,86 F72 4. This Council hereby finds and determines that the assessments against the said Village property should be and hereby are ordered to be vacated and the Village Clerk -Treasurer is authorized and directed to certify notice of the same to the County Auditor for the purpose of providing for the removal of the said assessments from the records. Dated the /a to day of Xev e e i,r,. , 1973 RESOLUTION CANCELLING ASSESSMENTS AGAINST TAX FORFEITED LAND ACQUIRED BY THE VILLAGE, PLAT 62491, WINNETKA HILLS 2ND ADDITION, PARCELS 7500 AND 7800, LOTS 11 AND 12, RESPECTIVELY, BLOCK 2 WHEREAS We have been informed by the Hennepin County Land Department that on July 10, 1972, the State of Minnesota cancelled all special assessments outstanding against the following described parcels as set forth on the attached list: Plat 62491, Winnetka Hills 2nd Addition, Parcel 7500, Lot 11, Block 2 Plat 62491, Winnetka Hills 2nd Addition, Parcel 7800, Lot 12, Block 2 AND, WHEREAS, The State of Minnesota has conveyed the above-mentioned properties to the Village of New Hope under State Conveyance of Tax Forfeited Land dated December 1, 1972 AND, WHEREAS, the above-mentioned parcels have been incorporated into the Kuch-Perry Park, and Federal and State funds have been obtained and certain of such funds have been allocated to the bond funds representing the special assessments against the respective tracts; NOW THEREFORE BE IT RESOLVED That the Village of New Hope does hereby cancel the special assessments as outlined on the attached list against Plat 62491, Winnetka Hills 2nd Addition, Parcel 7500, Lot 11, Block 2; and Plat 62491, Winnetka Hills 2nd Addition, Parcel 7800, Lot 12, Block 2; and the Clerk - Treasurer is directed to correct her assessment rolls in conformity herewith. Dated this /a eh day of .41g v,e 7_e 6 -e,. , 197-5 ATTEST: r - reasurer (SEAL) Balance to be Cancelled Annual Int. (1965 and Improvement Total Cost Principal Rt.% From -To thereafter Plat 62491 Winnetka Hills 2nd Addition Parcel 7500 Lot 11 Block 2: Street Imp. 70 $ 955.76 $ 95.58 6% 1964-73 $ 360.22 Street Imp. 144 2.633.40 175.56 6% 1967-81 2,533.40 Storm Sewer 76A 1,934.84 128.99 6% 1964-78 1.805.86 Sanitary Sewer Main #4 183.09 9.15 6% 1958-77 118.95 Sanitary Sewer gain #7 484.86 16.16 6% 1959-88 387.84 Sanitary Sewer Main #11 720.35 24.02 6% 1959-88 576.48 Lateral Sewer 17 960.47 48.42 6% 1960-79 720.30 Lateral Sewer 716 2,241.17 112.46 6% 1964-83 2,129.14 Water Imp. 91 785.59 39.28 6% 1965-84 785.59 Water Lateral 718 3,899.51 194.98 6% 1964-83 3,704.62 $13,722.40 Plat 62491, Winnetka Hills 2nd Addition, Parcel 7800, Lot 12, Block 2: Street Imp. 70 $ 891.49 $ 89.15 61 1964-73 $ 802.35 Street Imp. 144 2,456.30 163.76 6% 1967-81 2,456.30 Storm Sewer 76A 356.20 23.75 6% 1964-78 332.50 Sanitary Sewer Main #4 186.90 9.35 6% 1958-77 121.55 Sanitary Sewer Main #7 494.97 15.50 6% 1959-88 396.1.00 Sanitary Sewer main ill 735.36 24.52 6% 1959-88 '588.48 Lateral Sewer 17 1,278.42 63.92 6% 1960-79 958.80 Lateral Sewer 71B 22,6076.50 103.83 6t 1964-83 1,972.77 Water Imp. 91 801.96 40.10 6% 1965-84 3601.96 Water Lateral 71B 3,637.27 181.36 6% 1964-83 3,455.34 Sub -Total $11.886.05 Storm Sewer 60-26D 972.05 97.20 6% 1961-70 583.20 2, RESOLUTION RELATING TO ADJUSTMENTS OF ACCOUNTS RECEIVABLE IN CONNECTION WITH DELINQUENT LAND IN WEST WINNETKA PARK 2ND ADDITION WHEREAS We have been informed by the Hennepin County Land Department that on December 1, 1970 the State of Minnesota cancelled all special assessments outstanding against Plat 62466, West Winnetka Park 2nd Addition, Parcel 8700, Outlot 1, as set forth below: Balance to be Cancelled Total Annual Int. Years 1964 and Improvement Cost Principal Rt.% From -To thereafter Street Improvement 110A $2,046.24 $136.42 6% 1966-80 $ 2,046.24 Street Improvement 49A 2,213.64 158.10 6% 1964-78 2,213.64 Storm Sewer 25B 366.38 36.66 6% 1962-71 293.28 Sanitary Sewer Main Imp. #4 39.05 1.95 6% 1958-77 27.30 Sanitary Sewer Main Imp. #12 113.82 3.79 6% 1960-89 98.54 Lateral Sewer 68A 2,176.00 108.81 6% 1963-82 2,067.39 Water Imp. 91 153.85 7.69 6% 1965-84 153.85 Water Lateral 34 3,423.49 171.17 6% 1962-81 3,081.06 Water Lateral 68A 435.35 21.77 6% 1963-82 413.63 10,394.93 NOW THEREFORE BE IT RESOLVED That the Village 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 C-10day of 11 IV 1973 ATTEST: -�� , AIWAQ Pmi!1 (SEAL) RESOLUTION CANCELLING ASSESSMENTS FOR STREET IMPROVEMENT NO. 144 AGAINST HENNEPIN COUNTY RIGHT-OF-4JAY PROPERTY, PEAT 62207, PARCEL 6425, SECTION 7, TOWNSHIP 118, RANGE 21, AND PLAT 62207 PARCEL 6812, SECTION 7, TOWNSHIP 118, RANGE 21 WHEREAS The Hennepin County Highway Department has advised the Village of New Hope that the following parcels of land are County right-of-way property and that they now are incorporated into the diamond-shaped intersection located at 49th Avenue North and C.S.A.H. #18: Plat 62207, Parcel 6425, Section 7, Township 118, Range 21: Commencing at a point in West line of South Quarter (S4) of Northwest Quarter (NW!4) distant 306 feet South from Northwest corner thereof thence East 215 feet, thence Southeasterly to a point in South line of Northwest Quarter (NW -14) distant 275 feet East from Southwest corner thereof, thence West to said Southwest corner, thence Porth to beginning except road, Section 7, Township 118, Range 21. Plat 62207, Parcel 6812, Section 7, Township 118, Range 21: Right-of-way across North Half (N2) of Southwest Quarter (SW4), Section 7, Township 118, Range 21. AND, WHEREAS, The special assessments for Street Improvement No. 144 listed below should not have been levied against these parcels since they are right-of-way property: Original Annual Amount Total Prin- Int. Years 1967 and Plat Parcel Improvement Cost ci al Rt.% From -To thereafter 62207 6425 Street Imp. 776.25 '51.75 6% 1967-81 $776.25 62207 6812 Street Imp. #144 $376.00 $25.07 6% 1967-81 $376.00 NOW THEREFORE BE IT RESOLVED That the Village of New Hope does hereby cancel the special assessments outlined above against Plat 62207, Parcel 6425, Section 7, Township 118, Range 21, and Plat 62207, Parcel 6812, Section, 7, Township 118, Range 2.1, and the Clerk -Treasurer is directed to correct her assessment rolls in conformity herewith. Dated this day of'�� ,,,� �.�,- 197J Mayer ATTEST: ti e c- reasurer (SEAL) A RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT WHEREAS, pursuant to Minnesota Statutes, Section 145.08 and 145.12, provision has been made for a public health nursing district in that portion of Hennepin County outside the City of Minneapolis, and WHEREAS, pursuant to such authority such a public health nursing district has been organized and has been in operation for several years, and WHEREAS, it is deemed necessary to continue the operation of such nursing district and to provide it with adequate funds for its proper operation. NOW, THEREFORE, BE IT RESOLVED by the governing body of the Village of New Hope that this political subdivision continue to be included in the public health nursing district of Suburban Hennepin County, organized on January 4, 1952; that it partici- pate in the benefits thereof; and that it agrees to support on an apportionment basis its pro rata share of the cost of the administration of such district provided, however, that for the period of January 1, 1974 through December 31, 1974 this cost shall not exceed 34¢ per capita on the basis of the last official census. BE IT FURTHER RESOLVED, that this resolution shall be deemed an agreement to continue to participate in such nursing district on the basis hereinbefore specified with all other political subdivisions adopting similar resolutions. Adopted by the Village Council this 12th day of( -November, 1973. Acting-Mayos r �� ,;9 Krt;►- ORDINANCE NO. 73- 23 AN ORDINANCE AMENDING SECTION 8.12 OF THE VILLAGE CODE RELATING TO LICENSE FEES FOR FOOD HANDLING Village of New Hope, Minnesota The Village Council of New Hope ordains: Section 1. Section 8.12, Subd. (1) Soda Fountain, is hereby de- leted and a new section to read as follows added: Subd. (1) Restaurants. a). Full Restaurant 75.00 for each establishment such as traditional rwaiirant3 fast fond restw oz orivp-1n resl;aurant, cafeteria, carry but and delivery restaurant, preparing and serving food from a menu having more than three food types such as beverage, salad, sandwich, main course, side dish and desert. b). Limited Restaurant. 35.00 for each establishment such as a soda fountain offering a limited menu of non-alcoholic beverages, ice cream products and pre-packaged snacks served for consumption on the licensed premises. Section 2. Section 8.12, Subd. (3) Packaged Goods, is hereby deleted and a new section to read as follows added: Subd. (3) Vending Machines. a). $15.00 per location for the first machine and $2.00 for each additional machine dispensing unwrapped food goods. b). $10.00 per location for the first machine and $1.00 for each additional machine dispensing wrapped food goods. Section 3. Section 8.12, Subd. (5) Retail Stores, is hereby amended to read as follows: Subd. (5) Retail Stores. $50.00 for each establishment for the retail sale of food or food products which are not prepared and served on the licensed premises which is not pro- vided for in Subdivisions (1) through (4) above. -2 - Section 4. Section 8.12, Subd. (6) Restaurant and Miscellaneous, is hereby amended to read as follows: Subd. (6) Miscellaneous. $10.00 for each establishment not covered in Subdivisions 1 through 5 above and 7 below selling, serving, preparing, distributing, packaging, manufacturing, or in anyway dealing with food or food production intended for con- sumption by the general public including food establishments operating for a temporary period, including, but not limited to food booths at fairs, carnivals, circuses, church suppers, or public exhibitions. Section 5. Section 8.12 is hereby amended by adding thereto a new Subdivision (7) Manufacturing to read as follows: Subd. (7) Manufacturing. $50.00 for each establishment such as a bakery or manufacturer of food staffs preparing food articles intended for sale at a later date to retail food outlets. Section 6. This ordinance shall be in full force and effect from and after its passage and publication. Adopted by the Village Council of the Village of New Hope this 12th day of November, 1973. Merle 3ohnso Acting Mayor Attest: qWKt7 P ouliot Vil age Clerk -Treasurer VILLAGE OF NEW HOPE RESOLUTION APPROVING PLAT OF Registered Land Survey No. (For Peter King) 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 hereby authorized to sign the final plat. Attest: 44 Clerk -Treasurer STATE OF MINNESOTA SS COUNTY OF HENNEPIN CERTIFICATION 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 / /97-3 Witness my hand and the seal of said Village this /�2 day of ,(L�✓6�. , 19_x. I no -R -OW VT W-., Win No; N &F Village Clerk -Treasurer — ORDINANCE NO. 73-22 AN ORDINANCE AMENDING SECTIONS 2.82 AND 2.85 OF THE VILLAGE CODE RELATING TO COMPOSITION AND PROCEDURES OF THE PARK AND RECREATION COMMISSION The Village Council of the Village of New Hope ordains: Section 1. Section 2.82 of the Village Code is hereby amended to read as follows: "2.82 Composition. Subd. (1) Number. The Commission shall consist of seven members who shall be appointed by the Council, with at least two members of each sex. Subd. (2) Term. Each member shall serve a term of office for three years except that members appointed to the two positions established by Ordinance 73-22 shall serve an initial one year term expiring on December 31, 1974. Terms of office shall expire December 31st. The Council shall have authority to reappoint members. Subd. (3) Vacancies. Any of the following shall be sufficient ground for the office of a member to become vacated upon the adoption of a resolution by the Council thereon: (A) Death; (B) Disability or failure to serve, shown by failure to attend any of three con- secutive meetings without good reason. (C) Removal of residence outside of the Village of New Hope; (D) Resignation in writing, or (E). Conviction of a crime constituting a felony or an offense involving moral terpitude. Subd. (4) Filling of Vacancy. Vacancies shall be filled for the unexpired portion of the term by the Village Council. The remain- ing members of the Commission shall interview candidates for Commission membership and make recommendations there- on to the Council. Section 2. Section 2.85 of the Village Code is hereby amended to read as follows: "2.85 Meeting Procedures. The Commission shall adopt the rules for the transaction of its business and shall establish regular monthly meeting dates. Special meetings may be called by any officer of the Commission upon three days notice to all members. A majority of the member- ship shall constitute a quorum provided that in the event of a vacancy, a majority of the appointed and qualified members shall constitute a quorum aL any regular or special meeting. All questions presented for a vote of the Commission shall be decided by a simple majority of those present. Minutes of each meeting shall be filed with the Village Clerk -Treasurer as a permanent record of the Village and mailed to the Village Manager and all Commission members within two weeks after the meeting. The Secretary shall notify all'members of regular and special meetings of the Commission. Section 3. This Ordinance shall be in full force and effect from and after its passage and publication. Passed by the Village Council of the Village of New Hope this 12th`day of November 1973. Attest: Edward,J: Erickson Mayor ' pze'C &? � " B Pouliot Vill ge Clerk -Treasurer Published in the New Hope -Plymouth Post ,Uo ✓ a / 57� ORDINANCE NO. 73- 25 AN ORDINANCE AMENDING SECTION 2.00 PERTAINING TO MEETING TIMES OF THE VILLAGE COUNCIL. Village of New Hope, Minnesota The Village Council of the Village of New Hope, Minnesota ordains: Section 1. Section 2. 01, Subd. (1) of the Village Code is amended to read as follows: Regular meetings of the village council shall be held on the second and fourth Mondays of each calendar month at 7: 00 P. M. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. In the event a regularly scheduled meeting as defined above, falls upon the day before a legal holiday, the Council may by the majority vote of a quorum, by resolution change such meeting date to the next customary business day following such legal holiday, or cancel or reschedule the meeting as the Council shall determine. All meetings, including special and adjourned meetings, shall be held in the village hall, unless the council by a majority vote of a quorum sets or adjourns the meeting to another place of meeting. Section 2. This ordinance shall be in full effect and after its passage and publication. Passed by the New Hope Village Council the 26th day of November, 1973. Mayor Attest: erk-Treasurer (Published in the New Hope -Plymouth Post the 6th day of December 1973.) /� f A RESOLUTION REGARDING DETACHED WORKER PROGRAM WHEREAS, the Detached Worker LEAA funding in the community of New Hope will have completed its three years as of August, 1976, and WHEREAS, as of that date, a new source of revenue will be required to maintain this program. NOW, THEREFORE, BE IT RESOLVED by the Village Council, Village of New Hope, that: Because of the measurable success with the Detached Worker Program, the Village Council of New Hope, Minnesota, on this date, strongly recommends to the New Hope City Council of 1976 that they give very high priority fo funding the YMCA Detached Worker Program which is to be administered by the Northwest Branch YMCA for the purpose of diverting New Hope teenage males and females from the juvenile justice system and cul- tivating productive counseling relationships specifically with youth that are often hard -to -reach. Adopted this 10th day of December, 1973. Edward.,J. Erickson Mayor Attest: 13 e tu Vouliot Vill e Clerk -Treasurer A RESOLUTION URGING ACTION IN THE ENERGY CRISIS WHEREAS, it is apparent that the "Energy Crisis" is a very real crisis that will take both time and a great deal of effort to solve, and WHEREAS, the members of the Village Council and other governmental legislative bodies have an obligation to exercise leadership in action to assist in meeting the immediate problem and to suggest and find solutions. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope that: 1. The Village staff is hereby directed to take all possible action to reduce the energy use of the Village operations including control of heat, light and fuel use. 2. Commercial, industrial, residential and institutional users of decorative lighting within the Village are hereby urged to eliminate these uses immediately. 3. Employers within the Village are hereby urged to develop systems for car pools and mass transit for their employees in order to conserve energy. 4. The State Legislature is urged to adopt a form of the Sunday closing law that was in effect in the State prior to 1969 in order to limit commercial operations to six days a week. The earlier law is felt to be basically a workable provision in that it permitted the supply of basic need resources at all times while controlling the over exposure of non-essential retail facilities. 5. Advertising is a vital part of private enterprise, however, it is apparent that there is a large amount of unnecessary sign advertising that uses various lighting devices to at- tract attention. Every user of advertising signs are hereby urged to review their needs in this area to assure that only the absolute necessary lighting is done and that all other lighting for advertising purposes is eliminated. Adopted this 10th day of December, 1973. Edward: Erickson Mayor' Attest: t ouliot Village Clerk -Treasurer / �;7l� A RESOLUTION REGARDING CHANGE IN COUNCIL MEETING DATES WHEREAS, the regularly scheduled second Council meeting for December, 1973 falls on Christmas Eve, and WHEREAS, Ordinance No. 73-25 provides authority for the Council to cancel this meeting and reschedule it at a future date, and WHEREAS, it is necessary to provide for a meeting at year's end to clear up certain financial matters. NOW, THEREFORE, BE IT RESOLVED by the Village Council, Village of New Hope that the Council meeting scheduled for December 24, 1973 at 7:00 p.m. be cancelled and a new meeting be scheduled for 4:00 p.m. on December 31, 1973 at the New Hope Village Hall. Adopted this 10th day of December, 1973. Attest: 4 ouliot Village Clerk -Treasurer Edward J. Erickson Mayor RESOLUTION APPROPRIATING REVENUE AND EXPENDITURES IN CONNECTION WITH COMMUNITY SERVICE OFFICER PROGRAM WHEREAS, the Village of New Hope has been authorized to act as grantee for the Community Service Officer Pro- gram, and WHEREAS, this program has increased revenue and expenditures for 1973 budget purposes. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope that the following increases be made in the 1973 operating budget: Receipts General Fund Account 3430 - Grants $5,570 Expenditures General Fund - Police - 4110-12 $4,590 Police - 4110-37 185 Police - 4110-52 795 5,570 Adopted by the Village Council this ,i day of !1_ cep _/?f/�f 197 2 . Edward J:Erickson Mayor- Attest: ayor-- Attest: B -P uliot Villa Clerk -Treasurer RESOLUTION REAPPP,OPRIATING AND ADJUSTING THE 1973 OPERATING BUDGET ' WHEREAS, the Village of New Hope operating needs have resulted in some expenditures in excess of amounts originally appropriated for 1973, and WHEREAS, there was additional revenue or lower expenditures in other areas of the budget to off -set the increased expenditures, and WHEREAS, there is a need for the Village Council to formally re- cognize these changes, NOW, THEREFORE,BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF NEW HOPE THAT: Section 1 WHEREAS the General Fund Expenditure Budget which is shown below as appropriated to date, and as it is anticipated that final expenditures will occur, includes departmental budgets that will be both over and under authorized expenditures and requires adjustment, the Village Manager is hereby authorized and directed to use funds from these departmental budgets in which there will be a surplus to cover those those accounts from which expenditures have been made in excess of budget appropriations: Budget as Estimated Expen- Estimated Department Appropriated to Date ditures for Year Balance Mayor &.Council $ 19,389.00 $ 19,284.00 $ 105.00 Village Manager 32,314.00 31,882.78 431.22 Courts 19,650.00 19,297.00 353.00 Elections 9,908.00 4,441.91 5,466.09 Voters Registration 457.56 (457.56) Municipal Clerk 115,990.00 104,480.10 11,509.90 Assessing 38,865.00 36,995.71 1,869.29 Accounting 53,615.00 29,532.66 24,082.34. Independent Auditing 2,475.00 2,108.00 367.00 Legal 10,125.00 15,804.63 (5,679.63) Civil Service Commission 3,500.00 2,233.01 1,266.99 Industrial Development 805.00 233.01 571.99 Human Relations 700.00 431.70 268.30 Youth Commission 10,208.00 8,926.00 1,282.00 Planning and Zoning 3,635.00 748.86 2,886.14 Municipal Building 34,115.00 31,417.46 2,697.54 Police Protection 384.723.00 377,514.40 7,208.60 Fire Protection 79,343.00 80,408.56 (1,060.56) Protective Inspection 39,018.00 34,902.13 4,115.87 Civil Defense 250.00 250.00 -- Animal Warden 16,095.00 16,529.26 (434.26) Engineering 7,500.00 7,272.29 227.71 Streets 137,952.00 116,452.76 21,499.24 Snow and Ice Removal 16,750.00 16,270.39 479.61 Traffic Signs & Signals 6,581.00 4,038.37 2,542.63 Section 2. WHEREAS even though the 1973 General Fund Budget will generate asurplus based on the cash operations there are certain expen- diture items obligated in 1973 or earlier that must be met in 1974. The Village Manager is hereby authorized and directed to use 1973 General Fund Surplus and 1973 Federal Revenue Sharing Funds as outlined below to cover the expenses listed: Revenue - 1974 General Fund: 1973 General Fund Surplus $26,985 1973 Federal Revenue Sharing 20,715 Total $47,700 Expenditures 1974 General Fund: OtherF,;nctions - Account 29- Other Contractual Services: For 1973 Microfilming Program 500 For Golden Valley Storm Sewer 11,301 For Payment CSAH 7#18 ROW 9,076 For Payment CSAH 7#18 Storm Sewer 696 For LOGIS Program 26,127 Total $47,700 Section 3. WHEREAS, the Central Garage Fund has operated at a deficit estimated at $13,000 for 1972 and $12,000 for 1973 and WHEREAS the 1974 budget provides monies to operate the fund, but does not include money to cover past deficits the Village Manager is hereby authorized and directed to transfer such monies as are needed to balance this Fund from 1973 surplus in both the General and Water and Sewer Funds at the rate of 95% chargeable to the General Fund and 5% to the Water and Sewer Fund. Section 4. WHEREAS the 1973 Swimming Pool Fund operated at a defi- cit due to less than average admission revenue and more than average expenses due to needed repairs and replacement of capital equipment, the Village Manager is hereby authorized and directed to transfer $2,530 from the 1973 General Fund Surplus to the 1973 Swimming Pool Fund to cover said deficit. Adjusted this 31st day of December, 1973. Attested:) C ro Budget as Estimated Expen- Estimated Department Appropriated to Date ditures for Year Balance Street Lighting $ 23,500.00 $ 22,779.65 $ 720.35 Storm Sewer 47,420.00 28,446.53 18,973.47 Weed Eradication 1,500.00 2,049.65 ( 549.65) Conservation of Health 10,531.00 10,316.28 214.72 Environmental Commission 450.00 35.00 415.00 Recreation 140,870.00 140,614.69 255.31 Parks 173,034.00 166,209.32 6,824.68 Other Functions - 192 5,200.00 1,363.51 3,836.49 $1,446,016.00 $1,333,727.18 $ 112,288.82 Section 2. WHEREAS even though the 1973 General Fund Budget will generate asurplus based on the cash operations there are certain expen- diture items obligated in 1973 or earlier that must be met in 1974. The Village Manager is hereby authorized and directed to use 1973 General Fund Surplus and 1973 Federal Revenue Sharing Funds as outlined below to cover the expenses listed: Revenue - 1974 General Fund: 1973 General Fund Surplus $26,985 1973 Federal Revenue Sharing 20,715 Total $47,700 Expenditures 1974 General Fund: OtherF,;nctions - Account 29- Other Contractual Services: For 1973 Microfilming Program 500 For Golden Valley Storm Sewer 11,301 For Payment CSAH 7#18 ROW 9,076 For Payment CSAH 7#18 Storm Sewer 696 For LOGIS Program 26,127 Total $47,700 Section 3. WHEREAS, the Central Garage Fund has operated at a deficit estimated at $13,000 for 1972 and $12,000 for 1973 and WHEREAS the 1974 budget provides monies to operate the fund, but does not include money to cover past deficits the Village Manager is hereby authorized and directed to transfer such monies as are needed to balance this Fund from 1973 surplus in both the General and Water and Sewer Funds at the rate of 95% chargeable to the General Fund and 5% to the Water and Sewer Fund. Section 4. WHEREAS the 1973 Swimming Pool Fund operated at a defi- cit due to less than average admission revenue and more than average expenses due to needed repairs and replacement of capital equipment, the Village Manager is hereby authorized and directed to transfer $2,530 from the 1973 General Fund Surplus to the 1973 Swimming Pool Fund to cover said deficit. Adjusted this 31st day of December, 1973. Attested:) C ro RESOLUTION APPROVING 1972 TRANSFERS Motion by Councilman , second by Councilman approving transfers between funds during 1972 as follo.Is: Fund and Account Code General � Detail Debit Credit Debit Credit #88 Subsidiary Account o: Central Garage 246 1,844.52 3723— rom: General Fund - Police- 192 787.75 4110-24 Park 192 344.28 4742-24 Streets 192 444.25 4220-24 Snow 192 268.24 4230-24 To record December � central garage services 1 #89 o: Central Garage 246 99.82 3723 rom: Sevier and !later 192 99.82 4846-39 To record December central garage purchases #90 . Central Garage 246 1,102.14 3723 rom: General Fund - Police 192 577.11 4110-33 Fire 192 37.40 4120-33 Park 192 213.59 4742-33 Streets 192 242.62 4220-33 Pro. Insp. 192 8.87 4130-33 Animal 192 22.55 4160-33 Gas purchases for December #91 Central Garage 246 70.40 3723 �om: Sewer and Water 192 70.40 4846-33 Gas purchases for December #92 Central Store 246 1,579.43 3723 •om: General Fund - Recreation 192 73.37 4741-30 Police 192 264.27 4110-30 Assessor 192 57.42 4053-30 Clerk 192 957.68 4051-30 Accounting 192 .79.12 4054-30 Fire 192 72.02 .4120-33 Pro. Insp. 192 48.98 4130-30 Health 192 1.71 4420-30 Ind. Dev. 192 24.86 4074-30 Central store purchases for ---Aug. - Dec. VILLAGE OF NEW HOPE TRAIISFER ENTRIES fund and Account Code General � Detail Debit Credit Debit Credit #93 Subsidiary Account Central Store 246 28.16 3723 Sewer and l�Jater 192 28.16 4827-30 Central store purchases Aug. - Dec. #94 Central Store 246 73.52 3723 Liquor No. 1 Liquor No. 3 192 192 36.76 36.76 4810-30 4810-30 Central store purchases-_ Aug. - Dec. )ate of Entry December 1972 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #95 General Fund 265 20,000.00 om: Liquor No. 1 265 20,000.00 Budget transfer #96 General Fund 265 50,000.00 om: Sewer and Water Budget transfer Date of Entry December 1972 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #97 Pool Bond 265 10,000.00 gym: Pool Operating 258 10,000.00 Budget transfer #98 Golf Course Revenue Bonds 112 780.50 ►m: Golf Course Operating 253 780.50 To transfer funds not required for golf course purchase to bond fund #99 Golf Course Revenue Bonds 112 13,800.00 1m: Golf Course Operating 151 13,800.00 Transfer capitalized interest to bond fund #100 Golf Course Revenue Bonds 112 1,512.70 r: Golf Course Operating 265 1,512.70 To transfer 1/12 of 1973 bond requirements to bond fund #101 General Fund 246 1,000.00 1: Escro:•d Fund 260 1,000.00 To transfer monies for sale of sweeper to Village of Annandale out of escrow #102 Improvement No. 248 253 275.10 : Bond No. 38 120 275.10 To close Improvement 248 late of Entry December 1972 VILLAGE OF NEW HOPE TRANSFER ENTRIES General Detail Fund and Account Code Debit Credit Debit Credit #103 Improvement No. 252 253 2,814.39 )m: Bond No. 39 120 2,814.39 To close Improvement 252 #104 Temporary'Revolving Fund 121 100.00 am: Improvement No. 253 221 100.00 Repayment of loan #105 Bond Refinancing Escrow 253 1,312.50 am: Improvement No. 25.3 190 1,312.50 To record estimated re- financing cost #106 Bond No. 39 253 15,661.18 )m: Improvement No. 253 120 15,661.18 To transfer cash balance to Bond 39 #107 Temporary Revolving Fund 121 250.00 )m: Improvement No. 260 221 250.00 Repayment of loan #108 Temporary Revolving Fund 121 17,000.00 )m: Improvement No. 261 221 17,000.00 Repayment of loan #109 Temporary Revolving Fund 121 6,500.00 ,m: Improvement No. 262 221 6,500.00 Repayment of loan Date of Entry December 1972 - VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Accoun-t-General Code Detail Debit Credit Debit Credit #110 Improvement No. 264 221 41,000.00 om: Temporary Revolving Fund 121 41,000.00 Loan from temporary re- volving fund #111 Improvement No. 266 221 1,200.00 om: Temporary Revolving Fund 121 1,200.00 Temporary borrowing #112 Improvement No. 267 221 1,500.00 om: Temporary Revolving Fund 121 1,500.00 Temporary borrowing #113 Improvement No. 269 221 13,000.00 )m: Temporary Revolving Fund 121 13,000.00 Temporary borrowing #114 Improvement No. 270 221 375.00 )m: Temporary Revolving Fund 121 375.00 Temporary borrowing #115 Improvement No. 271 221 450.00 )m: Temporary Revolving Fund 121 450.00 Temporary borrowing #116 Improvement No. 272 221 1,400.00 )m: Temporary Revolving Fund 121 1,400.00 Temporary borrowing Date of Entry Oaumb?r 1Q72 _ VILLAGE OF NEW HOPE TRANSFER ENTRIES Bund and Account Code General � Detail Debit Credit Debit Credit #117 Improvement No. 258 246 51,421.21 1969 State Aid Bond 260 51,421.21 To transfer remittance received from the State of Minnesota for Improve- ment No. 258 out of bond fund #118 Improvement No. 273 221 65,000.00 Temporary Revolving Fund 121 65,000.00 Temporary borrowing #119 Improvement No. 273 221 10,000.00 Temporary Financing 121 10,000.00 Temporary borrc,.;ji ng #120 Improvement No. 275 190 2,041.44 Improvement No. 276 '190 2,041.44 To charge change order #1 for McGrand and Feavays to Improvement 276 #121 Improvement No. 276 190 879.75 Improvement No. 265 190 879.75 To adjust construction accounts for bond selling fees - charged to Impr. #276 T.G. Evenson 797.84 Moodys 106.20 904.04 Correct Chg. 24.29 879.75 )ate of Entry December 1972 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #122 Improvement No. 279 221 200.00 om: Temporary Revolving 121 200.00 Temporary borrowing 1 • Date of Entry pecFmhQr 197 ! — t Adopted by the Village Counci 1 .this 21- day 197 V. Attest:4 ouiiot Village Clerk -Treasurer Edward J,. Erickson Mayor RESOLUTION APPROVING 1973 TRANSFERS /; � Motion by Councilman , second by Councilman approving transfers between funds during 1973 as follows: Fund and Account Code General / J Detail Debit Credit Debit Credit #143 ►: Central Garage 246 1,598.51 3723 •om: General Fund - Park 192 233.52 4742-24 Police 192 1,133.33 4110-24 Street 192 211.70 4220-24 Animal 192 9.96 4160-24 Pro. Insp. 192 10.00 4130-24 Central Garage service3 for November, 1973 #144 Central. Garage 246 7.60 3723 om: Sewer and Water 192 7.60 _ 4846-34 Central Garage services for November, 1973 #145 Central Garage 246 841.84 3723 Dm: General Fund - Park 192 139.30 4742-33 Police 192 524.44 4110-33 Street 192 95.50 4220-33 Animal 192 27.22 4160-33 Pro. Insp. '192 21.54 4130-33 Fire 192 33.84 4120-33 Gasoline purchases -for November, 1973 #146 Central Garage 246 55.00 3723 ,m: Sewer and Ulater 192 55.00 4846-33 Gasoline,purchasesfor November, 1973 #147 Central Garage 246 1.24 3723 m: Golf Course 192 1.24 4743-33 Gasoline purchases for "-)vember, 1973 Date -of Entry November, 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #139 Central Store 246 602.85 3723 om: General Fund - Recreation 192 13.43 4741-30 Police 192 95.19 4110-30 Assessor 192 10.17 4053-30 Clerk 192 254.20 4051-30 Accounting 192 21.26 4054-30 Fire 192 193.43 4120-30 Bldg. Insp 192 12.67 4130-30 Industrial 192 2.50 4074-30 To record purchases from Central Store for Sept.. and Oct., 1973 #140 Central Store 246 1.73 3723 gym: Liquor No. 1 192 1.73 4810-30 To record purchases from ^intral Store for Sept. and Oct., 1973 #141 Central Store •246 1.73 3723 )m: Liquor No. -3 192 1.73 4810-30 To record purchases from Central Store for Sept. and Oct., 1973 #142 Central Store 246 10.14 3723 gym: Sewer and dater 192 10.14 4847-30 To record purchases from Central Store for Sept. and Oct., 1973 Date of Entry November, 1973 VILLAGE OF NEW NOPE TRANSFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #,134 Central Garage 246 1,257.54 3723 om: General Fund - Police 192 531.73 4110-24 Park 192 14.72 4742-24 Street 192 523.03 4220-24 Animal 192 144.27 4160-24 Pro. Insp. 192 43.79 4130-24 To record central garage services for October, 1973. #135 Central Garage 246 53.11 3723 )m: Seger and Water 192 53.11 4846-34 To record central garage services for October, 1973. #136 Central Garage 246 813.54 3723 ►m: General Fund - Police 192 474.28 4110-33 Fire 192 56.36 4120-33 Park 192 142.42 4742-33 Streets 192 93.66 4220-33 Pro. Insp. 192 21.56 4130-33 Animal 192 25.26 4160-33 To record. gas purchases for October, 1973. #137 Central Garage 246 68.20 3723 m: Sewer and 4later 192 68.20 4846-33 To record gas purchases for October, 1973. #138 Central Garage 246 4.70 3723 m: Golf Course 192 4.70 4743-33 To record gas purchases for October, 1973. Date of Entry October, 1973 .VILLAGE OF NEW HOPE TRANSFER ENTRIES .Fund and Account Code General Detail i Debit Credit � Debit Credit Plat 62491, Parcel 7800 Impr. No. Delinquent Def. 70 948.95 94.54 144 1,756.56 1,473.84 76 310.12 142.50 4 117.80 46.75 11 437.74 392.32 17 864.50 447.44 _ 71B -S 1,663.09 1,142.13 91 650.79 481.20 71B -W, 2,808.29 2,000.46 26 705.98 #131 Bond No. 4 116 583.48 Bond No. 4 117 522.56 )m: Improvement No. 264 190 1,106.04 To transfer payment from -necial assessments as they :rtain to Kuch-Perry Park Plat 62491, Parcel 7500 and Plat 62491, Parcel 7800, Improvement No. 7 #132 Improvement No. 273 190 13,170.00 m: Improvement No. 264 190 13,170.00 To transfer costs per- taining to park ac- c- quisition, quisition, Improve lent No. 264 out of Improvement No. 273 #133 General Fund lil 2,000.00 -n: Improvement No. 264 190 2,000.00 To transfer payment for delinquent real estate tax as they pertain to Plat 62491, Parcels 7500 and 7800 to General nd. Date of Entry October 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Date of Entry _��Qber 1973 General Detail Fund and Account Code Debit Credit Debit Credit #128 Central Garage 246 18.44 3723 m: General Fund - Animal Con 192 18.44 4160-33 To record central garage purchases for Septer,ber. #129 Pool Operating 192 609.80 m: General Fund 192 609.80 To record transfer of pool resale merchandise to General Fund. #130 Improvement Bond Redpt. 116 21,419.59 Improvement Bond Redpt. 117 13,285.75 Improvement No. 264 190 34,705.34 io transfer payment for special assessments as they pertain to Kuch-Perry Park. - Plat 62491, Parcel 7500 mpr. No. Delinquent Def. 70 1,017.32 95.58 144 1,883.18 1,580.04 76 1,682.41 773.94 4 115.36 45.75 11 428.81 384.32 71B -S 1,730.63 1,232.66 91 637.51 471.36 71B -W 3,010.84 2,144.78 17 649.71 336.14 Date of Entry _��Qber 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #125 Liquor No. 3 192 605.85 ,om: Liquor No. 1 192 605.85 Liquor and beer transfers - see transfer sheets 127 - 132 #126 Improvement 268 109 8,000.00 -om: Improvement 260 109 8,000.00 To reverse transfer entry No. 106 #127 Improvement 268 246 100.66 •om: Improvement 260 246 100.66 To transfer interest on I nvestment sale of ,,8,000 to Improvement 268 Date of Entry September 1973 VILLAGE OF NEW NOPE TRANSFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #119 1: Central Garage_ 246 813.30 3723 ,om: General Fund - Police 192 406.24 4110-33 Fire 192 38.78 4120-33 Park 192 263.44 4742-33 Streets 192 80.26 4220-33 Pro. Insp. 192 18.62 4130-33 Weeds 192 5.96 4360-33 To record September gas purchases #120 Central Garage 246 64.56 3723 om: Sewer and Water 192 64.56 4846-33 To record September gas purchases #121 Central Garage 246 6.10 3723 om: Golf Course 192 6.10 4743-33 #122 Central Garage 246 1,402.13 3723 om: General Fund - Police 192 624.38 4110-24 Park 192 157.70 4742-24 Street 192 603.54 4220-24 Weeds 192 16.51 4360-24 Central garage services for September #123 Central Garage 246 69.00 3723 om: Sewer and Water 192 69.00 4846-34 Central garage services for September #124 Central Garage 246 15.00 3723 Golf Course 192 15.00 4743-24 Central garage services for September Date of Entry Ser)tPmber 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Date of Entry September 1973 General Detail Fund and Account Code Debit Credit Debit Credit #115 Subsidiary Account Central Store 246 2,436.47 3723 om: General Fund - Clerk 192 1,499.78 4051-30 Assessing 192 80.31 4053-30 Accounting 192 115.43 4054-30 Police 192 362.49 4110-30 F Fire 192 71.59 4120-30 Recreation 192 182.83 4741-30 Pro. Insp. 192 120.04 4130-30 Health 192 2.60 4420-30 Industrial 192 1.40 4074-30 To record central store purchases Jan. - Aug., 1973 #116 Central Store 246 12.45 3723 om- Liquor 1#1 192 12.45 4810-30 ,o record central store purchases Jan. - Aug., 1973 - #117 Central Store 246 12.45 3723 om: Liquor #3 192 12.45 4810-30 To record central store purchases Jan. - Aug., 1973 #118 Central Store 246 37.27 3723 om: Sewer and Water 192 37.27 4847-30 To record central store purchases Jan. - Aug., 1973 P� Date of Entry September 1973 VILLAGE OF NEW MOPE TRANSFER ENTRIES Fund and Account Code General � Detail Debit Credit Debit Credit Subsidiary #112 Account 3723 Central Garage 246 1,067.76 )m: General Fund - Police 192 470.40 4110-33 Fire 192 44.22 4120-33 Park 192 312.68 4742-33 Streets 192 171.06 4220-33 Pro. Insp. 192 18.98 4130-33 Weeds 192 26.38 4360-33 Animal Con 192 24.04 4160-33 August gas purchases #113 Central Garage 246 3.48 3723 1m: Golf Course 192 3.48 4745-33 August gas purchases #114 Central Garage 246 72.32 3723 m: Sewer and plater 192 72.32 4846-33 To record August purchases Date of Entry August 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General / ,/ L Detail Debit Credit Debit Credit #106 Improvement No. 260 109 8,000.00 gym: Improvement No. 268 109 8,000.00 Sale of investments #107 Improvement No. 268 253 10,900.00 )m: Improvement No. 260 253 10,900.00 To transfer reserve for construction funds to Impr. No. 268 - projects consolidated #108 Improvement No. 260 190 930.25 )m: Improvement No. 268 190 930.25 -� transfer construction ..osts to Impr. No. 268 #109 Improvement No. 268 246 7.21 gym: Improvement No. 260 '246 7.21 -To transfer funds from revenue Impr. 260 to 268 #110 Subsidiary Account Central Garage 246 1,687.80 3723 m: General Fund - Police 192 316.98 4110-24 • Park 192 248.42 4742-24 Animal Con 192 33.61 4160-24 Streets 192 1,046.52 4220-24 Weeds 192 42.27 4360-24 To record central garage services for August #111 Central Garage 246 72.37 3723 m: Sewer and Water 192 72.37 4846-34 record central garage services for August Date of Entry August 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Cade General Detail Debit Credit Debit Credit #102 Improvement No. 265 253 78,989.79 ,om: 1973 State Aid Bonds 260 78,989.79 To transfer borrorii ng for Impr. No. 265 out of state aid bonds #103 General Fund 246 46,713.00 ,om: Revenue Sharing 192- 46,713.00 To transfer monies for the following expenditures from revenue sharing to general fund: Resolution dated June 11, 1973 - New fire training facility 4,625.00 General police salary increase 31,646.00 - Resolution dated July 23, 1973 - Mini -bike patrol 3,546.00 Total X46,713.00 #104 Police Protection Fund 246 27,400.00 om: Revenue Sharing 192 27,400.00 Revenue sharing transfer per resolution dated June 25, 1973 #105 Pool Operating 247 2,215.00 om: General Fund 265 2,215.00 Transfer from general fund surplus per resolution dated Jan. 2, 1973 Date of Entry August 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #98 General fund 253 45,575.32 gym: Improvement No. 264 190 8,931.65 . Improvement No. 268 190 9,790.46 Improvement No. 271 190 5,054.12 Improvement No. 273 190 4,856.67 Improvcr,2nt No. 221 190 1,055.81 Improverent No. 282 190 545.27 Improvement No. 283 190 750.17 Improvement No. 285 190 47.73 Improvement No. 261 190 950.09 Improvement No. 265 190 9,796.28 Improvement No. 274 190 918.00 Improvement No. 275 190 485.48 Improvement No. 276 190 129.60 Improvement No. 262 190 54.22 Improvement No. 263 190 2,209.77 To record clerical trans- fers based on 4.590 of -onstruction costs #99 Improvement Bond Redpt. 265-1 1,874.38 rm: Improvement No. 261 190 1,151.11 Improvement No. 264 190 723.27 To record capitalized interest #100 Improvement No. 273 246 30,855.75 a: Improvement No. 258 253 30,855.75 To transfer state aid funds for Impr. No. 273 originally deposited in Impr. No. 258 #101 Improvement No. 265 246 15,000.00 ,m: Improvement No. 258 253 15,000.00 To transfer state aid funds for Impr. No. 265 •iginally deposited in Impr. No. 258 Date of Entry August 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Date of Entry July 1973 General Detail Fund and Account Code Debit Credit Debit Credit #96 Subsidiary Account Central Garage 246 65.52 3723 gym: Sewer and Water 192 65.52 4846-33 Gas purchases for July 1973 #97 Central Garage 246 4.64 3723 im: Golf Course 192 4.64 4743-33 Gas purchases for July 1973 Date of Entry July 1973 VILLAGE OF NEW NOPE TRANSFER ENTRIES ,. N --- Fund and Account Code General Detail Debit Credit Debit Credit #91 Liquor No. 3 192 118.50 om: Liquor No. 1 192 118.50 To record interstore liquor transfers for period 5-8-73 to 7-25-73, transfer sheets 120-125 #92 Subsidiary Account Central Garage 246 1,361.01 3723 om: General Fund - Police 192 467.38 4110-24 Park 192 116.24 4742-24 Animal Cont192 10.00 4160-24 Streets 192 600.80 4220-24 Weeds 192 154.88 4360-24 Pro. Insp. 192 11.71 4130-24 Central garage services -nr July, 1973 #93 Central Garage 246 55.35 3723 )m: Sewer and Water 192 55.35 4846-34 Central garage services - for July, 1973 #94 Central Garage 246 21.20 3723 )m: Golf Course 192 21.20 4743-24 Central garage services for July, 1973 #95 Central Garage 246 982.16 3723 m: General Fund - Police 192 482.44 4110-33 Fire 192 57.12 4120-33 Park 192 225.44 4742-33 Streets 192 149.58 4220-33 Pro. Insp. 192 12.78 4130-33 Weeds 192 28.88 4360-33 Animal Cont192 25.92 4160-33 Gas purchases for July, 1973 Date of Entry July, 1973 VILLAGE OF NEW HOPE 7R1+1�SFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #90 Central Garage 246 9.96 3723 om: Golf Course 192 9.96 4743-33 Gas purchases for June Date of Entry JunP 1973 VILLAGE OF NEW HOPE TRAl,SFEP, ENTRIES Fund and Account Code General / J Detail— Debit Credit Debit Credit #85 Subsidiary Account Central Garage 246 1,280.36 3723 om: General Fund - Police 192 413.54 4110-24 Park 192 188.53 4742-24 Animal 192 162.64 4160-24 Street 192 460.08 4220-24 Weeds 192 55.57 4360-24 Central garage services for June #86 Central Garage 246 23.56 3723 om: Golf Course 192 23.56 4743-24 Central garage services for June #87 • Central Garage 246 104.15 , 3723 )m: Sewer and ;later 192 104.15 4846-34 Central garage services for June #88 Central Garage 246 1,105.94 3723 gym: General Fund - Police 192 483.38 4110-33 Fire 152 41.72 4120-33 Park 192 317.52 4742-33 Streets 192 216.60 4220-33 Pro. Insp. 192 15.66 4130-33 • Weeds 192 16.40 4360-33 Animal 192 14.66 4160-33 Gas purchases for June #89 Central Garage 246 67.30 3723 )m: Se,,ier and Water 192 67.30 4846-33 Gas purchases for June Date of Entry June 1973 •.VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #79 General Fund 246 8,500.00 m: Sewer and Water 192 8,500.00 Administrative transfer for 1974 #80 Subsidiary Account Central Garage 246 967.54 3723 m: General Fund - Police 192 487.78 4110-33 Park 192 246.92 4742-33 Fire 192 40.98 4120-33 Streets 192 161.76 4220-33 Pro. Insp. 192 14.26 4130-33 Animal 192 15.84 4160-33 May gas purchases #81 Central Garage 246 67.26 3723 -n: Sewer and Water 192 67.26 4846-33 May gas purchases #82 Central Garage 246 2.52 3723 m: Golf 'Course 192 2.52 4743-33 May gas purchases #83 Central Garage 246 1,685.33 3723 m: General Fund - Police 192 928.05 4110-24 Park 192 277.22 4742-24 Pro. Insp. 192 19.56 4130-24 Street 192 460.50 4220-24 Central garage services for May #84 Central Garage 246 73.99 3723 m: Sewer and Water 192 73.99 4846-34 "antral garage May services Date of Entry May 1973 VILLAGE OF NEW NOPE TRANSFER ENTRIES General Detail Fund and Account CodeDebit Credit �� Debit Credit #72 Golf Course Operating 121 xn: Bond Refinancing Escrow 221 Repayment of loan #73 Golf Course Revenue 121 om: Golf Course Operating 221 Repayment of loan #74 Liquor No. 3 121 om: Liquor No. 1 221 Repayment of loan #75 Liquor No. 3 121 )m: Trust and Agency 221 Repayment of loan #76 Trust and Agency 121 )m: Liquor -No. 3 221-3 Repayment of loan #77 Sewer and Water 121 )m: Trust and Agency 221 Repayment of loan #78 1 ,025.00 1 ,025.00 1,025.00 1 ,025.00 419.78 419.78 325.79 325.79 234.86 234.86 957.68 957.68 General Fund 246 243,000.00 )m: Sewer and Water 253 243,000.00 Surplus transfer from sewer and water per budget Date of Entry May 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General � Detail Debit Credit Debit Credit X67 Temporary Revolving 121 1,200.00 -om: Improvement No. 234 221 1,200.00 Repayment of loan #68 ►: Temporary Revolving 121 200.00 ,om: Improvement No. 236 221 200.00 Repayment of loan #69 1:- Temporary Revolving 121 200.00 -om: Improvement No. 257 221 200.00 Repayment of loan #70 Temporary Revolving 121 1,500.00 om: Improvement No. 267 221 1,500.00 Repayment of loan #71 Temporary Revolving 121 1,400.00 om: Improvement No. 272 221 1,400.00 Repayment of loan Date of Entry May 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General � Detail Debit Credit Debit Credit #61 Improvement No. 267 190 1,329.60 ,om: Temporary Revolving 265 1,329.60 To close construction costs to temporary re- volving - improvement will not be completed #62 1: Improvement No. 272 190 1,373.00 ,om: Temporary Revolving 265 1,373.00 To close construction costs to temporary revolving - improvement will not be completed #63 • Temporary Finance 121 1,000.00 t om': Improvement No. 216 221 1,000.00 Repayment of loan #64 Temporary Finance 121 1,000.00 om: Improvement No. 217 221 1,000.00 Repayment of loan #65 Temporary Finance 121 1,000.00 om: Improvement No. 231 221 1,000.00 Repayment of loan #66 Temporary Revolving 121 200.00 om: Improvement No. 233 221 200.00 Repayment of loan ' Date of Entry May 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General � Detail Debit Credit Debit Credit #56 Improvement No. 231 190 229.04 )m: Temporary Revolving 265 229.04 To close construction costs to temporary revolving - improvement will not be completed #57 Improvement No. 233 190 18.00 )m: Temporary Revolving 265 18.00 To close construction costs to temporary revolving - improvement will not be completed #58 Improvement No. 234 190 1,087.25 )m: Temporary Revolving 265 1,087.25 To close construction costs to temporary revolving - improvement will not be completed #59 Improvement No. 236 190 45.90 m: Temporary Revolving 265 45.90 To close construction costs to temporary re- volving - improvement will not be completed #60 Improvement No. 257 190 202.50 m: Temporary Revolving 265 202.50 To close construction costs to temporary re- volving - improvement will not be completed Date of Entry May 1973 VILLAGE OF NEW NOPE TRANSFER E14TRIES r -\ Fund and Account Code General � t� Detail Debit Credit Debit Credit #51 Subsidiary Account Liquor No. 3 192 1,755.16 4811-2 om: Liquor No. 1 192 1,755.16 4811-2 . To record interstore liquor transfer for period 1-1-73 to 5-3-73 - transfer sheets 108 to 118 #52 Liquor No. 1 192 28.98 4811-2 )m: Liquor No. 3 192 28.98 4811-2 Interstore beer transfer transfer sheet No. 119 #53 Impr. Bond Redemption 265-2 52,961.36 ,F )m: Sewer and Water 158-1 52,961.36 a transfer cost of lift station in connection with Improvement 248A out of Impr. Bond Redemption #54 Improvement No. 216 190 320.16 im: Temporary Revolving 265 320.16 To close construction costs to temporary - revolving - improvement will not be completed #55 Improvement No. 217 190 135.48 m: Temporary Revolving 265 135.48 To close construction costs to temporary revolving - improvement ' will not be completed Date of Entry _ May 1973 VILLAGE OF NEW NOPE TRANSFER ENTRIES Date of Entry April 1973 General Detail Fund and Account Code Debit Credit Debit Credit #45 Subsidiary Account Central Garage 246 1,069.56 3723 is General Fund - Police 192 565.22 4110-33 Park 192 232.14 4742-33 Fire 192 80.10 4120-33 Street 192 159.18 4220-33 Pro. Insp. 192 16.54 4130-33 Animal 192 16.38 4160-33 April gas purchases #46 Central Garage 246 67.80 3723 n: Sewer and Water 192. 67.80 4846-33 April gas purchases #47 Central Garage 246 17.74 3723 Golf Course 192 17.74 . 4743-33 April gas purchases #48 Central Garage '246 1,757.51 3723 m: General Fund - Police 192 1,054.47 4110-24 Park 192 106.29 4742-24 Street 192 519.71 4220-24 Animal 192 77.04 4160-24 April garage services #49 Central Garage 246 71.41 3723 m: Sewer and Water 192 71.41 4846-34 April garage services #50 Central Garage 246 11.72 3723 m: Golf Course 192 11.72 4743-34 April garage services Date of Entry April 1973 VILLAGE OF NEW NOPE TRANSFER ENTRIES r Fund and Account Code General Detail Debit Credit Debit Credit #42 Bond No. 40 109 13,600.00 m: Impr. Bond Redemption 109 13,600.00 To record sale of investments #43 Impr. Bond Redemption 221-4 157,628.14 m: Bond No. 40 121-4 157,028.14 To transfer closing cash balance to Impr. Bond Redemption #44 Impr. Bond Redemption 221-4 59,377.11 m: Bond No. 41 121-4 59,377.11 T� transfer closing cash _,lance to Impr. Bond Redemption u� Date of Entry April 1973 VILLAGE OF NEW NOPE TRANSFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #34 Bond No. 38 121 35,444.53 -om: Bond No. 34 221 35,444.53 Repayment of loan #35 >: Bond No. 39 121 73,279.32 ,om: Bond No. 35 221 73,279.32 Repayment of loan #36 ►: Bond No. 40 121 66,866.46 -om: Bond No. 36 221 66,866.46 Repayment of loan #37 Bond No. 40 121 47,754.20 om: Bond No. 37 221 47,754.20 Repayment of loan #38 Bond No. 38 109 83,922.22 om: Impr.. Bond Redemption 109 83,922.22 Sale of investments #39 Bond No. 41 121 51,326.24 om: Bond No. 38 221 51,326.24 Repayment of loan #40 Bond No. 39 109 159,000.00 om: Impr. Bond Redemption 109 159,000.00 Sale of investments #41 _ Impr. Bond Redemption 221-4 316,902.86 Bond No. 39 121-4 316,902.86 To transfer closing cash uaiau(-U w iuINI . uviiu I.CUII''J6- Date of Entry April 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Fund and Account Code General � Detail Debit Credit bit Credit #27 Impr. Bond Redemption 221-4 60,282.17 om: Bond No. 30 121-4 60,282.17 To transfer closing cash balance to Impr. Bond Redemption #28 Bond No. 31 109 50,000.00 om: Impr. Bond Redemption 109 50,000.00 To record sale of investments #29 Impr. Bond Redemption 221-4 58,484.06 om: Bond No. 31 121-4 58,484.06 #30 Bond No. 32 109 60,000.00 )m: Impr.-Bond Redemption 109 60,000.00 To record sale of investments #31 Bond No. 36 121 66,296.36 )m: Bond No. 32 221 66,296.36 To record, sale of investments #32 Bond No. 35 121 40,569.87 im: Bond No. 33 221 40,569.87 Repayment of loan #33 Bond No. 34 109 19,237.25 ,m: Impr. Bond Redemption 109 19,237.25 To record sale of ivestments Date of Entry April 1973 Fund and Account #21 Bond No. 28 >m: Improvement Bond Redpt. To record sale of investments #22 • Bond No. 33 Dm: Bond No. 28 Repayment of loan #23 • Impr. Bond Redemption om: Bond No. 28 To transfer closing cash balance to Impr. Bond Redemption #24 Bond No. 29 3m: Impr. Bond Redemption To record sale of investments P25 • Impr. Bond Redemption )m: Bond No. 29 To transfer closing cash balance to Improve- ment Bond Redemption #26 Bond No. 30 )m: Impr. Bond Redemption To record sale of investments VILLAGE OF NEW HOPE TRANSFER ENTRIES General Detail Code Debit Credit J Debit Credit 109 1 60,000.00 109 60,000.00 121 ' 1 40,000.00 221 40,000.00 221-4 125,606.60 121-4 25,606.60 1• Date of Entry April 1973 86,800. 11 1• 86,800-00 221-4 1 95,671.66 121-4 95,671.66 109 134,298.89 109 34,298.89 VILLAGE OF NEW HOPE TUNSFER ENTRIES Fund and Account Code General / ,/ Detail Debit Credit Debit Credit #15 r: Bond No. 2 109 2,400.00 w: Improvement Bond Redpt. 109 2,400.00 To record sale of investments #16 Improvement Bond Redpt. 221-4 16,930.43 w: Bond No. 2 121-4 16,930.43 To transfer closing cash balance to Imp. Bond Redemption #17 Bond No. 24 109 214,379.60 •om: Impr. Bond Redemption 109 214,379.60 To record sale of ,nvestments #18 Improvement Bond Redpt. 221-4 220,602.05 om: Bond No. 24 "121-4 220,602.05 To transfer closing cash balance to Impr. Bond Redemption #19 Bond No. 27 109 297,000.00 om: Impr. Bond Redemption 109 297,000.00 To record sale of investments #20 Impr. Bond.Redemption 221-4 272,087.44 om: Bond No. 27 121-4 272,087.44 To transfer closing cash balance to Impr. Bond Redemption Date of Entry April 1973 VILLAGE OF NEW HOPE TRAt,1SFER ENTRIES Fund and Account Code General Detail Debit Credit Debit Credit #9 Central Garage 246 818.00 3723 -om: General Fund - Police 192 534.06 4110-33 Park 192 98.24 4742-33 Fire 192 51.14 4120-33 Snow 192 Street 192 94.42 4220-33 Pro. Insp. 192 15.96 4130-33 Animal 192 24.18 4160-33 March gas purchases #10 1: Central Garage 246 97.90 3723 �om: Seiner and Water 192 97.90 4846-33 March gas purchases #11 1: Central Garage 246 6.82 3723 �om: Golf Course 192 6.82 4743-33 #12 : Central Garage '246 1,423.45 3723 ,om: General Fund - Police 192 428.63 4110-24 Park 192 400.58 4742-24 Street 192 551.73 4220-24 Pro. Insp. 192 11.21 4130-24 Animal 192 31.30 4160-24 March garage services #13 Central Garage 246 180.99 3723 om: Sewer and plater 192 180.99 4846-34 March garage services #14 Central Garage 246 279.78 3723 om: Golf Course 192 279.78 4743-24 March garage services Date of Entry March 1973 VILLAGE OF NEW HOPE TRANSFER ENTRIES Date of Entry February 1973 General Detail r Fund and Account Code Debit Credit Debit Credit #5 Subsidiary Account Central Garage 246 879.86 3723 n: General Fund - Police 192 500.02 4110-33 Park 192 141.78 4742-33 Fire 192 41.62 4120-33 Sno,ra 192 94.52 4230-33 Street 192 70.92 4220-33 Pro. Insp. 192 12.04 4130-33 Animal 192 18.96 4160-33 February gas purchases #6 Central Garage 246 61.06 3723 n: Sewer and Water 192 61.06 4846-33 February gas purchases #7 Central Garage 246 1,398.10 3723 n. General Fund - Police 192 698.07 4110-34 Fire 192 4120-34 Park 192 138.28 4742-34 Street 192 199.12 4220-34 Snow 192 173.69 4230-34 Pro. Insp.. 192 88.27 4130-34 Animal 192 100.67 4160-34 t February gas services #8 Central Garage 246 44.03 3723 n: Sewer and Water 192 44.03 4846-34 February garage service Date of Entry February 1973 VILLAGE CF NEW HOPE TRANSFER ENTRIES Fund and Account Code General � Detail i Debit Credit Debit Credit #1 Subsidiary Account Central Garage 246 2,082.30 3723 m: General Fund - Police* 192 831.04 4110-24 Park 192 706.84 4742-24 Fire 192 23.86 4120-24 Sno%�i IS2 282.90 4230-24 Street 192 202.30 4220-24 Pro. Insp. 192 25.00 4130-24 Animal 192 10.36 4160-24 To record central garage services for January, 1973 #2 Central Garage 246 58.78 3723 m: Sever and Mater 192 58.78 4846-34 To record central garage services for January, 1973 #3 Central Garage 246 1,064.70 3723 m: General Fund - Police 192 533.66 4110-33 Fire 192 38.44 4120-33 Park '192 191.18 4742-33 Street 192 26.16 4220-33 Snow 192 233.68 4230-33 Pro. Insp. 192 14.38 4130-33 Animal 192 27.20 4160-33 To record gasoline purchases for January, 1973 #4 Central Garage 246 91.52 3723 m: Sewer and plater 192 91.52 4846-33 Gasoline purchases for January, 1973 Date of Entry January, 1973 Adopted by the Village Council this 3ist day of L/ e(I io 1973. % Ed;iard,,J. Erickson Mayor Attest: Be—Lt�O1 i of ViTfag�-RC1 erk-Treasurer A RESOLUTION REGARDING 1974 SALARIES WHEREAS, the 1974 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, the October, 1972 to October, 1973 cost of living index has risen 7.2%, and WHEREAS, the union employees of the Village have or are negotia- ting 1974 contracts based on the July to July cost of living of 6.1 increase plus additional real increases and improvements in benefits, and WHEREAS, there are adjustments needed in the present pay plan both to adequately compensate specific positions and assure that the regular employee can continue to meet expenses at a reasonable level, NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of New Hope that the following wage and salary plan be adopt- ed for 1974: I. Part time fire department employees shall continue at the levels established by the December 29, 1972 resolu- tion on salaries. 2. All regular, full time, non-union employees now employed, except as noted below, shall, as of January 1, 1974 or upon the completion of the requir- ed six month probationary period, received a 6.1% increase in their base salary received on December 31, 1973. 3. In addition to the 6.1% increase, all regular full time, non-union employees except the Village Manager and Finance Director (Accountant) shall be eligible for an additional 1% merit increase based on the December 31, 1973 base. Such increase shall be given only upon the recommendation of the department head and the approval of the Village Manager and shall be awarded for superior performance and/or to adjust relationships within the total pay plan. 4. As a result of adjustments in duties and responsi- bilities in 1973 the members of the Protective Inspection Department had commitments made as to 1974 salaries. Therefore, the salaries or other compensation of the Fire Marshal, Building Inspector, General Inspector, Health Inspector and Electrical Inspector shall con- tinue, except for a possible merit increase as pro- vided in 3 above, as is in effect on December 31, 1973. The Fire Chief/Director of Protective Inspections shall have his annual salary increased by $86 to $16,286 to reflect a 6.1% increase. 5. The Finance Director shall have a 1974 annual salary of $15,439. 6. The City Manager shall have a 1974 annual salary of $21,527. In addition he shall be paid $40.00 per month to cover his transportation and expenses involved with his day-to-day official duties. 7. The Liquor Store Manager shall continue to receive his present monthly transportation allowance until at least such time as the future of the liquor store operation in the City is decided. 8. The City Assessor position will become vacant in 1974 due to resignation. Recruitment of a new employee shall be based on an annual salary range of $14,000 to $15,400. 9. Part time and temporary employees shall continue to be paid based on budget appropriations, pay for comparable full time positions,or as required by the employee market within the regulations of the new State minimum pay law with the exception that the part time Recreation Supervisor I shall receive a 5.5% increase. 10. In that negotiations are not completed with Union Locals #320 and 49ers the City Manager is hereby authorized and directed to continue negotiations with these employees. 11. Non-union employees shall continue to contribute to the cost of group hospitalization and life insurance policies in the monthly amounts of $5.44 for family coverage and $1.67 for single coverage based on January 1, 1974 premi- ums. If there is a premium increase in 1974 the City agrees to payment of the first $5.00 per month increase for family coverage and $2.50 for single coverage with the employee responsible for any additional costs. The City does reserve the right to establish a new plan both as to coverage and carrier during the year if it is deter- mined that a more advantageous insurance package can be obtained. Adopted this 31st day of December, 1973. AwarddJ*ckson o ayr/� Attest: _ , " � B ouliot Vill ge Clerk -Treasurer 'a ORDINANCE NO. 73-.2 4 _ AN ORDINANCE AMENDING SECTIONS 5.52 , 5.53 5.54 AND 5.63 RELATING TO SEWER RATES AND CHARGES City of New Hope, Minnesota The Council of the City of New Hope, Minnesota, ordains: Section 1. Section 5.52 of the City Code is amended in its entirety to read as follows: 5.52 Rates The following rates and charges for use and service of the sanitary sewer system are hereby established, such charges and rates to be made against each lot, parcel of land, unit or premises which may have a connection directly or indirectly into the City sanitary sewer system and which discharge only normal sewage into such system. Subd. (1) Minimum Charges. The minimum quarterly sewerage charge, whether use of water is metered or not, shall be Two Dollars ($2.00) . Said charge to be allocated to fixed administrative and maintenance costs that have been determined to be $1.55 per bill- ing and the treatment of a maximum of 1,000 gallons of sewage based on water use. Subd. (2) Meter Flow Charges. For all premises where the sewer rate is based upon the metered use of water, the rates shall include the minimum charge provided for in Subd. 1 of $2.00 per quarter plus 45 cents ($.45) for each one thousand (1,000) gallons of water consumption over and above the first one thousand (1,000) gallons of sewerage included in the minimum charge provided for in Subd. 1 above. Subd. (3) Unmetered Flow Charges. For these structures connected to the city sewage system, but not to the city water system, the user shall be billed at a rate equal to similar uses in the city, the flow to be estimated and determined by the City Manager, such determination of rate being subject to appeal to the City Council as to reasonableness. Said rates shall be available for examination at the City Hall during all normal working hours. Section 2. Section 5.53 entitled "Rate, Industrial Waste 4 Large Units" is hereby repealed. Section 3. Section 5.54 is amended in its entirety to read as follows: 5.54 Required Installation of Water Meters. a. A meter recording the use of water may be installed on any lot, parcel, premises or unit in the City and thereafter the rate shall be based upon such use of water. The Council may, by resol- ution, require and order the installation of such meter on any such lot, parcel, premises or unit or class thereof where it shall determine that the equitable administration and application of sewer rates requires the metering of water used on the premises. Section 4. Section 5.63 entitled "Sewer Operating Fund", is hereby amended to read as follows: 5.63 Sewer Operating Fund. All revenues derived from these rates and charges shall be credited to the Sewer Operating Fund. Such revenue shall be used for the purpose of paying the cost of operating and maintaining the sewage system, paying charges made by a duly authorized municipal authority, such as the Metropolitan Sewer Board, providing an adequate depreciation fund, paying costs of meter -reading, billing, collection and other similar or related sewer operating expenses—To ,To the Sewer Operating Fund shall also be credited all revenues derived from any "Use Charge" paid for use of service of the sanitary sewer system. Net revenues from "Use Charge" shall be paid by the Village from time to time for the purpose for which such Use Charge was established. If the rates and charges prescribed herein do not produce a net revenue sufficient to permit payment of the Use Charge revenues for the purposes for which established, the rates and charges provided herein shall be adjusted from tirrio to time to permit the accumulation of net revenues equal to the deposits of Use Charge Funds to the Sewer Operating Fund. -2- Section 6. This ordinance shall be in full effect after its passage and publication. Passed by the City Council of the City of New Hope this yi_f day Of WfXe - , 197,L. Edward J /Erickson , Mayor Attest: e Pouliot, Clerk -Treasurer (Published in the New Hope -Plymouth Post the day of 197—.) -3-