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1971 RES RESOLUTION ORDERING CONSTRUCTION OF~ STORM SEWER IMPROVEMENT NO. 263 BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. This Council held a public hearing the llth day of January, 1971 at 7:05 o'clock p. m. at the Village Hall, 4401 Xylon Avenue North in said village on proposed Storm Sewer Improvement No. 263 of the Village, after notice of said hearing was duly published as required by law in the New Hope-Plymouth Post on December 31, 1970 and January 7, 1971. 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 improve- ment, and said improvement is hereby ordered. ~. 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 hereto. 4. This Council has examined and approved the Affi- davit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area to be assessed, and has examined and approved the mailing list containing the names and addresses, of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. Adopted by the Council this I~ ~of January, 1971. Attest: ~ /~ Mayor Treasurer. ~---. .-ko" i [ :, RES0~TION DESIGNAT~G OFFICIAL ~PAPER FOR THE VII~AGE 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 1971. COUNTY OF ~IN ) ss. , VILLAGE OF NEW HOPE) ~i j Mayor 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 il, 1971, as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in m~ office. Dated this llth day of January, 1971. ~e clerk-Treasurer' (StoL) CORPORATE AUTHORIZATION EESOL~3TION DESIGNATING FIR~_ST ROBBINSDALE STATE BANK BE IT RF~OLVED, that the First Robbinsdale State ~ of Robbinsdale is hereby designated as the depository for finds of the Village of New Hope and any of the below listed officers of this mamicipal corporation are authorized in the name and on behalf of the Village of New Hope to opea er cause to be opened or to continue or cause to be con- tinued an account or accounts with said Ba~ and to execute and deliver to said Batik signature card or cards supplie~ by said Bank containing said Bank's usual customer agreement applicable to such account or accounts and the signatures of the officers or other persons hereinafter ~%med, and that any officer of this municipal corporation or any other per- son 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 with- drawal orders on funds deposited in such account or accounts may be signed by any three of the fallowing: Edward Erickson, or Merle Johnson, Act~_ng Mayor plus Betty Po~liot, Clerk- Treasurer and R. Michael Amyx, Village Manager, and said Bank is hereby Da]_ly authorized to pay and charge to such account or accounts any checks, drafts or other withdrawal orders so signed, whether or not payable to the individual order of any of the foregoing officers or persons or deposited or otherwise applied to his individual account or 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 i~mrnished to and received by said Bank. /~ //~ Mayor ATTEST: ~~~~~ ~~r~_Treasurer ' CORPORATE AUTHORIZATION RESO~.UTION DESIGNATING CRYSTAL STATE BANK BE IT RESOLVED, that the Crystal State Bank of Crystal, Nirmesota is hereby designated as the depository for the Village Payroll Account, 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 amd to execute and deliver to said Bank signature card or cards supplied by said Bank contaiming said Bank's usual customer agreement applicable to such account or accounts and the signatures of the officers or other persons hereinafter named, and that any officer of this municipal corporation of any other person 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 ac- counts any money, checks, drafts, orders, notes or other in- struments payable to or held by this corporation; and BE IT RESOLVED, that checks, drafts or other with- drawal 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 R. Michael Amyx, 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 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. "~k_T~easUr~r RESOLUTION DESIGNATING REPRES~2~TATIVE AND ALTERNATIVE REPRESENTATIV~ TO THE HENNEPIN L~A~ 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 Comnty League of Mumicipalities, NOW, THEREFORE, BE IT RESOLVED: That the Village of New Hope hereby designated Edward Erickson as its representative to the Hennepin County League of Municipalities for the period of 1971 or until a successor is appointed. BE IT FURTHER RESOLVED, that the Village of New Hope hereby designates Merle JOhnson as its alternate representative to the Hennepin County League of Municipalities to serve during the absence of disability of the above named representative. Passed by the Village Council of New Hope this llth day of J~uuary, 1971. -'/ yor ~erk-TreasUrer EESOLUTION DESIGNATING COMMISSIONER AND ALTERNATE COMMISSIONER TO SUBURBAN SANITARY ~ COMMISSION BE IT EF~OLVED by the Village Council of the Village of New Hope, Minnesota, as follows: Mr. M. C. Honsey is hereby designated as a com- missioner of the Suburban Sanitary Sewer Commission, and Councilman Hokr is hereby designated to serve as alternate commissioner of the Suburban Sanitary Sewsr Commission, for the year 1971 and until their successors are appointed. STATE OF MINNESOTA ) ~~ ~~ COUNTY OF HENNEPIN ) ss. ~ ~-~/ VILLAGE OF NEW HOPE) ~ ~ 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 t~e and correct copy of a resolution duly adopted by the Village of New Hope at its meeting on January ll, 1971, as the same is recorded in the rain,rotes of the meeti~ of such Council for said date, on file and on record in my office. Dated this llth day of Jar~,ary, 1971. asurer (SEAL) RESO~TION DESIGNATING DIRECTOR AND ALTERNATE DIEECTOR TO SU~RBAN RATE AUTHORITY BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: Councilman LeRoy Hokr is hereby designated as a director of the Suburban Rate Authority and Mr. M. C. Honsey is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1971 and until their successors are appointed. STATE OF MINNESOTA ) ~ /// COUNTY OF ~IN ) ss. ~.¢~,~ VnmAOE OF 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 J~nuary llth, 1971, 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 llth day of January, 1971. f ~/-Clerk-Treasurer 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 Charles Bosacker is hereby designated as Director of the Suburban Sanitary Disposal Amthority, and Cou_~cilman LeRoy Hokr is hereby designated to serve as Alternate Director of the Suburban Sanitary Disposal Authority for the year 1971 and until their successors are appointed. COUNTY OF HENNEPIN ) ss. VIL?AGE OF NEW HOPE) jt. ~- Mayor~ I, the ~tndersigned, being the duly qualified a~ 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 a~opted by the Council of the Village ef New Hope at its meeting on January 11, 1971, 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 llth day of January, 1971. RESOLUTION DESIGNATING REE~%ESENTATIVE TO METROPOLITAN SECTION OF THE LEAGUE OF MI~OTA ~ICIPALITIES ~S, 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 Charles Bosacker as its representative to the Metropolitan Section of the League of Minnesota ~mmicipalities for the period of 1971 or until a successor is appointed, and That the Village of New Hope, Minnesota hereby designates Councilman Richard Ptufka as its alternate representative to the Metropolitan Section of the League of Minnesota Municipalities for the period of 1971 or ~_ntil a successor is appointed. Adopted by the Village Council of New Hope this llth day of January, 1971. ' ~rk-Treasurer RESOLUTION DESIGNATING OFFICIAL COUNCIL REPRESENTATIVE ON THE VILLAGE CIVIL DEFENSE BOARD BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: Councilman Richard Plufka is hereby designated as the Council Representative on the Village of New Hope Civil Defense Board for the year 1971. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. V~GE OF ~EW HOPE) ~¥~ ~ Mayor I, the undersigned, being the duly qualified and acting Clerk-Treasurer of the Village of New Hope here- by certify that the attached and foregoing is a t~,e and correct copy of a r~solution duly adopted by the Council of the Village of New Hope at its meeting on January 11, 1971, 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 llth day of January, 1971. ~lerk Treasurer RESOLUTION DESIGNATING ~ILF~ OFFICIAL FOR THE VILLAGE OF NEW HOPE BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, as follows: Councilman Merle Johnson is hereby designated to serve as the village representative on the North Hennepin Welfare Department Board for the year 1971. COUNTY OF HENNEPIN ) ss. VILIAGE 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 11, 1971, as the same is recorded in the mi_nutes of the meeting of such Council for said date, on file and of record in my office. RESOLUTION APPOINTING VILLAGE ATTORNEY BE IT RESOLVED, that the firm of Corrick and Miller, is hereby designated to serve as the legal con- sultant for the Village of New Hope, Minnesota, during the year 1971, and That William Corrick of said firm shall be designated as Village Attorney and that Robert Miller of said firm shall be designated as Assistant Village Attorney; and That said firm shall be reimbursed for services rendered in accord with the m~nimm~ fee shcedule of the Hennepim County Bar Association. Adopted by the Counc~ this llth day of January, 1971. ~~~~ ~ j Mayor' ' ~erk-Treasurer RESOLUTION APPOINTING VILLAGE ENGIEEER FOR STREET, STORM SEWER AND GENERAL WORK BE IT RESOLVED, that the Firm of Bonestroo, Rosene, ~derl~k & Associates, Inc. is hereby designated to serve as the V~l~lage Engineer for Streets, Storm Sewers and General Work for the Village of New Hope, ML~nesota during the year 1971; and That the contract entitled "A Standard Form of Agreement Between Owner and Engineer" submitted to formulize this designation is hereby accepted and the Mayor and Village Manager are authorized to sign said con- tract on behalf of the Village. Adopted by the Village Council on this llth day of January, 1971. ATTEST: ~ ~e~ZTreasurer" RESOLUTION APPOINTING VYL~AGE 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 1971; and That said firm shall be reimbursed for services rendered in accord with the fee schedule adopted in agree- ment for Engineering Services on January 10, 1958. Adopted by the Council on this llth day of January, 1971. RESOLUTION APPOINTING VII2~ POUND AND POUNDt(EEPER BE IT RESOLVED by the Village Council of the Village of New Hope, Md_nnesota: 1. Pursuant to the terms of Ordinance No. 70-6, passed by this Council on the 23rd day of N~rch, 1970, Tonka Kennels is hereby appointed the Village Poundkeeper for the year 1971 and until further action by this Oouncil, and the animal pound maintained by the said Tonka Kennels in Hennepin County, Minnesota, is designated as the Village pound for 1971, and until further action by this Council. Adopted by the Council on this llth d~ay of January, 1971. j:~-'-'~ ~ Mayor ..... ATTEST: ~~_~ ~/~ ~/¢lerk-Treasurer RE.SOLUTION PERTAINING TO REZONING REQUEST OF M. C. HONSEY, ET AL (CASE NO.. 70-.?O).; MAKING FINDINGS OF FACT ANDi DENYING THE REQUEST. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota as follows: 1. The continued public hearing as to t-he rezoning ..of the premises referred to in Planning Ease No. ?0-~70, Petitioner M. C. Honsey, et al, having been pr. eviously heard by both-this Council and Planning Commission on other oc- casions, was 'again presented to' this Council in modified form at a public hearing on the llth day of January, 1971. Publication had originally been made as to the hearing in the New Hope-Plymouth Post, the official newspaper of the Village on the.~/~_~ day of _y~-~.~_~., 1970 and by mailed notice to surrounding property owners. 2. This Council, having reviewed the evidence, the staff findings and comments, t.he minutes and re. commenda- tions of the Planning Commission, being thoroughly familiar with 'the 'premises and having heard the presentations for petitioner by Planner Howard Dah!gren, makes the following Findings of Fact: a. That .the zoning classification of the subject premises for Limited Business use' is co'~re, ct. The remainder of t.he block in which the sUbject premises is located has been developing as originally planned for Limited Business purpose's, including two existing ap'art- ments, and one proposed professional office building. b. That by offering a pedestrian walkway along the west side of the premis,es fr'om 42nd Avenue North to th.e Civic Cent'er that the distinction between the existing, zoning classification as to the subject' Limited Business classification and the Ret'ail Business classification to the east of Xylon becomes somewhat less criti'cal. The Council also recognizes that the' retail shopping area to the east' of the subje, ct premises is subject to certain res't'rlctions as to the use of those' premises 'for more. than the single automobile is'e'rvice station presently si'tuated thereon. However, under the 'proposed. plan, Xylon Avenue will continue to exist, and ~Ould be one of the '.access points for the pro- pose'd automobile service and shopping convenience center'. XYlon is already a hea¥ily-traveled street, .due 'to the existen'ce of the swimming pool and the civic hall and the Civic .Center recreational activities to the north and northwest .of th.e sUb.jeCt site, and to. channel additional traffic on Xylon dUe to a commercial activity of a type propose'd at the northwest· corner .of Xylon and 42nd Avenue No. rth, would be~ an unnecessary and unwarranted increase in the probable, traffic flow and haz'ards~ -stemming ther'efrom as to p.e.destrian traffic' utilizing th.e Civic Center facilities. Pedestrian travel for the swimming pool is already a severe problem, as .well as the sh'opping center to th.e east' which the proposed use could only worsen due to further conges t'ion. c. That if th.e 'proposed rezoning were to .be ap~'pr.ov, ed, that any of th.~ uses permltt~e.d under General Business could be success'fully applied for bF an appli- cant, regardless of the des'irabilit¥ of the current proposal. d. That no special conditions 'of topggraph¥ or location of the subject premises exist that would result in a substantial hardship to th.e petitioner or owner if th.e present zoning, classification is not chang.e d. e. That .the cost' of development of the sub.j~ect 'premises for Limited Business use' Would not be prohibitive. f. That the financial return from petitioner's proposed use' may be 'greater than from .the existing use, bUt .the' petitioner p~esented no' real evidence of substantial hardship sufficient to: justify the eXe:rcise :of the rez0ning power. That neighbOrs in tko area whol opposed the' Proposed rezOning bY petition duly presented to this CoUncil, purchased and .deVeloped their property into Limited Business, Multiple Residential er single-family h'Omes, as. the 'case may be, in reliance upon the Limited Business 'status of the Subject premises. g. That no .evidence was offered to show a mis'take in fact in the :original Comp.r. eheh- sire Zoning 'Ordinance ('Ordinance' iNo. 60-19). nor that the development of the 'property is not :feasible 'as proposed in the :original o.rdinance, nor iof a sub. stantial .change in the area justifying rezoning of the. sUbj'.ect premis es. 3. The request for rezOning to. General Business, designated as 'Case', 70-70 ,be 'and it is kereby denied. Adopted by the Vil. lage CoUncil of the Village of New Hope thi'S ~yt~ 'day of '~;~~'~' ~.. , 1971 AtteSts:' ~ , _.:_~: ..< ....~/ 'Mayor ~-Treas' 'r r RESOLUTION APPOINTING ELECTION JUDGES FOR COUNTY SPECIAL BOND ELECTION FOR HENNEPIN COUNTY GENERAL HOSPITAL 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 County Special Bond Election to be held in the Village of New Hope, County of Hennepin, State of Minnesota, on Tuesday, February 23, 1971. 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: Mrs. Barbara Neary 366& Ensign Avenue North Mrs. Barbara Raetzman 9208 - 32nd Avenue North Mrs. Barbara Battina 2832 Lamphere Drive - Chairman Mrs. Virginia Erhard &l&O Flag Avenue North Mrs. Lorraine Clausen 9009 - 3Oth Avenue North Mrs. Marsha Hinitz 2880 Valle Vista B. Second Precinct -New Hope Public Works Building 7701 - &2nd Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count: Mrs. Jerene Sueker 392~ Xylon Avenue North Mrs. Shirley Forness 8222, - 38th Avenue North Mrs. Comfort Linder 3308 Yukon Avenue North Mrs. Margery Evenson 8116 - &Oth Avenue North Mrs. M~ry Adams 3657 Maryland Avenue - Chairman Mrs. Dorothy Burman 8005 - 36th Avenue North C. Third Precinct - New Hope Elementary School 8301 - d7th Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count: Mrs. Darlene Shelton 8139 - ~7th Avenue - Chairman Mrs. Ruth Klis ~6~8 Gettysburg Avenue North Mrs. Marianne Wasnick 9029 - &6th Avenue North Mrs. Bertha Lunzer ~225 Decatur Avenue North Mrs. Charlotte Bates 9300 - ~6th Avenue North Mrs. Patricia Olson d31~ Zealand Avenue North Do Fourth 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: Mrs. Marilyn Cady 8~17 - 5Oth Avenue - Chairman Mrs. Joan Demeules ~96& Xylon Avenue North Mrs. Paula Malone d932 Xylon Avenue North Mrs. Dorothy Carpenter ~9~9 Virginia Avenue North _Mrs. Virginia Mack 5d20 Wisconsin Avenue North Mrs. Mary Schmitz 8115 Bass Lake Road E. Fifth Precinct - Meadow Lake School 8525 - 62nd Avenue North To serve from 7:00 a.m. to 8:00 p.m. and to completion of count: Mrs. Dorothy Rudolph 5930 Wisconsin Avenue North Mrs. Gloria Voskuil 5931 Virginia Avenue North Mrs. Pauline Jensen 5817 Decatur Avenue North Mrs. Jean Pedersen 7961 - 59th Avenue - Chairman Mrs. Marcella Loushin 8801 Ensign Avenue North ~rs. Muriel Glaim 59~0 Ensign Avenue North Adopted by the Council this 25th day of January, 1971. ~ /7 Edwar~ ~rickson, Mayor ATTEST:~~~ Y ~ Pouliot Village Clerk-Treasurer -2- RESOLUTION OBJECTING TO COST OF CONDUCTING SPECIAL COUNTY-BOND ELECTION WHEREAS, the village has been informed by Hennepin County that a County-wide special bond election for Hennepin County General Hospital mst be conducted on February 23, 1971, and WHEREAS, the conduct of said special election has been ordered by the Hennepin County Board of Commissioners with no notice to the village prior to January 20, 1971, and WHEREAS, the village budget does not provide funds for the con- duct of said election, inasmuch as the 1971 Village Budget was° adopted prior to October l, 1970, as required by State Statute, and ~tE~EAS, the cost to the Village of New Hope for conducting said election is estimated to be approximately $1,2OO, which sum does not include clerical and administrative time, and WHEREAS, the Village of New Hope is presently in the process of realigning election precincts, with the voters registration files currently reflecting proposed precincts rather than existing precincts, and extensive clerical time and effort must now be expended to make the registration files operable for said County special election and then again realigned for proposed precincts; NOW, THEREFORE BE IT RESOLVED: 1). That the Village of New Hope go on record as objecting to paying any costs for conducting special County election; and 2). That the County Board be requested to provide reim- bursement to the village for all costs incurred in connection with election of February 23, 1971, in- cluding payment of the election judges; and 3). That, in the future, the County be required to notify the village, prior to adoption of the annual budget, of any County elections that must be conducted in the ensuing year; and A). That the Village Clerk is hereby directed to transmit a certified copy of this resolution to the Hennepin County Board of Commissioners. Adopted by the Council of the Village of New Hope this 25th day of ATTEST: B~uiiot, Village Clerk-Treasurer RESOLUTION AUTHORIZING INCREASE IN MILEAGE REIMBURSEMENT OR PAYMENT IN LIEU OF MILEAGE WHEREAS, Minnesota Statutes, Section 350.11 as amended, authorizes municipal governing bodies to establish a policy or reimbursement to officers and employees for the use of their personal automobiles on official business, WHEREAS, a study has been made of actual use of his personal car by the Assessor for village purposes during 1970, and such study indicates that an increase in mileage reim- bursement from $35.00 per month to $50.00 per month is in order. NOW, THEREFORE, BE IT RESOLVED by the Village Council of New Hope, Minnesota: 1). The mileage reimbursement to the Village Assessor for the use of his own automobile be increased from $35.00 per month to $50.00 per month effective January l, 1971. 2). The mileage reimbursement to other village personnel are to remain as established by Council resolution adopted the 26th day of January, 1970. 3). The processing of claims for reimbursement for mileage are to be handled as set forth in aforementioned resolution of January 26, 1970. Adopted by the Council this 25th day of January, 1971. Attest: ~?~. ~~I ~ ~~ Erickson, Vil!ageP°~llem~'Treasur er RESOLUTION APPOINTING COMMISSIONER TO BASSETT'S CREEK FLOOD CONTROL COMMISSION WHEREAS, the "Joint and Cooperative Agreement for the Establish- ment of a Bassett's Creek Flood Control Commission to Plan, Control and Provide for the Development of Bassett's Creek" provides in part that the Council of each member municipality shall be entitled to appoint one representative to the board for said Commission with the term of each Commissioner to' be for three years or until their successors are selected and quality, and WHEREAS, said agreement further provides that the term of the Commissioner first appointed by the Village of New Hope shall terminate on February 1, 1971. NOW, THEREFORE, BE IT RESGLVED, 1). That the Council of the Village of New Hope does hereby appoint Mr. Mo C. Honsey to serve as its Commissioner on the Bassett's Creek Flood Control Commission with term comencing on February 1, 1971, and 2). The Village Clerk-Treasurer is hereby directed to file with the Secretary of the Board of Commissioners of the Bassett's Creek Flood Control Commission a certified copy of this resolution to serve as a record of the ap- pointment of the New Hope Commissioner. Adopted by the Council of the Village of New Hope this 25th day of January, 1971. ~/ ..... ~rd~ Erickson,~ Mayor- Be~ouiio-t, 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 25, 1971, 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 25th day of January, 1971. ~~k,Treasurer ..... (SEAL) RE.SOLUTION PERTAINING ~TO'. RBZONING RBQUBS-T OF RALPH ~COLLtER, ET AL; (.PLANNING' CAUSES NQ..70.~.75 AND 7'0,'-.76:); MAKING_ FINDINGS OF FACT.'ANDi DENYING THB REQUBST BE .IT. RESOLVED by the Village .Council 'of the Villa'ge 'of New Hope, Minnesota as foll'owsi: 1. A .public .hearing on the petition .to rezone .th:e premise's des:cribed in. Case'st ?O,~:?S and ?0~.'.76, premis.es .'known as 'th:e. 'Collier and. Carpenter. 'properties to Genera] -Business' was held. before i.th'is :Council aft'e.r' due notice thereof by p.ubl'i'cati.on in the New Ho.pe-Plymouth Post',. the 'official new.spaper of the Vill'.age, on the. '22nd day of October , 1970. and. by. mailed notice to surrounding property' owners. 2.. Th'is Council has th'.Or.o.ughly~ conside.red tk.e .evidence, reviewed the st'aff findings 'and comments, the' minute's 'and recom- mendati:on of .the Planning Commission, and has. heretofore conducted' extensive hearings, mee.tings ~and disucssions 'as. to the aut'omobile traffic 'problems 'and the .zoning use' prohlems which ~have azis~n in conjunc.tion witk the new .traffic int'e!zch'ange at County Roads 9 and 18. This 'COuncil also has 'in mind the th. Or.ough pre- se'ntation by. Att.orney William Rosen on beh'alf of :the petiti'oners in support of the re. quest .for .rezoning as well as :th:e C.ouncil discussions at :the said heari.ng and the opinions and differ.ences of opinion express:ed at said t~earing, and he.r'eby, makes ~the fol- lowi~, g Findi.ngs 'of Fact:' a. That· petitioners -have lived on and owned the sUb. j',e. ct premises 'for a numb"e~ of years, l:ong before· .the County_ 'of Hennepin presented its final plans 'for. the upgrading .of County Roads 18" and 9 'and the traffic ±n.t'e. rChange at .th·is interse'ctiOn; that (On info'rma'tion and bellief) .the all .egat ions of the pe.ti.ti.oners ' that ~their access 'to county Road 9. has been severed by a sale' of .the' portion of the property under' threat of. condemnation to the County of Hennepin for the purpo,se Of const~r~uction of .the interchange, are tr_ue. Neither .the' 'amount of compensation nor the basis 'of its :computa:tion has been made known to'..this COuncil by. peti:tioners b. Tha~t ~the size. of the parcels has not only changed by~ the acquisition by the .county.,. hut their relative shape has :changed and ~the. char- acterist:i.cs' of the. Property have changed; .that .th.e ;resPonsib:ilit¥. o f .this :CoUncil 'is. -to:. 'make;. decision as.. 'to: what .rise :.of the Pr~o.pert)~ is.. hast- _ suited, to. these! 'changed circumstances.' c. .That 'in..th.e~ coUr.se-iof lo.rig n.egotiati, ons wilth, ithe county: of Hennepin. as.-to-:the des'i'gn features 'of the 'Coun:tY- Ko.ads '9-18' .intersection, this Co'Until has., become Well1' acqUainted, with 'the traffic. 'Prob.llems · generated, by_ thel. upgradi.ng of CoUnty. Road 18' .and the :'cloverleaf inter.cha.nge, .and in .the Past- 'has e.xercised :the: Zoning power' based upon assumptions of fact as 'to the various "final" .plans 'for the inte. rcha'nge as presented by- the C.ounty of Hennepin. d. It _is the decision of this CoUncil tkat :r~ga.rdless of the 'r.eCggnize.d and s.i'gnificant .changes which have :taken' place .as to...the .potential use' for this · property,, tkat the 'present .-zoning for sing. l~e- family resi'dence 'is .'correct,_ base'd pr:imari.ly upon tke 'nec.eSsity. for autho'rizing 'changes 'in: zoning uses 'at ~tkis inters.¢c.tion ~hi'ch 'minimi. ze: rather than maximize '.furtker traffic problems'. .Thle inter se'ction of Ge'ttybU.rg and County Road No.. 9 based' upon present, and 'p. ro.jected future t'raffic counts. and upon existi'n.g~ zoning uses is' :already at :the satu. ration point as. to'. 'traffic. capacity. e. In summary, the s.ignificant changes in. tke 'area and in th'~ petitioners '-prop'er.ty and access 'do not justify the use of the; zoning .po~er as pr,opos.ed' in light '.of .the critical traffic pzobl'iems ~hlich ~oluld' be-aggr.avate.d' on County Road No. 9 .~ 3...' T.he: .reqUes'.tl '.for' .rezo.ning to_ .Gen.eral Busines's' 'is ' herebly, denied. Adopted bY~ the ¥il'l.age iCouncil ,of .the l~il'l.a'ge Of New Hope tkis' ~ 8th . 'day iof Fehr. uary ,. .19'7!',. '.RESOLUTION AS iTQ RE.ZONING REQUEST" . 'OF ~GE'0RGE 'H. GBRDES (CASE' N0'..: 7'0:,'~,88'),;~ MA'K INGi 'F I NDiI NGS,' 0 F 'FAC Ti AND DENY. ING. ~ THE'. REQUEST'~. BE. IT. RES'.OLVEDi bY. :the Viii.age 'COUncil :of :the.. Vi:ll'.age: :of .Ne~ ' Hope,: Minnesota as: 'foll'o~Si:' 1. 'A public hearing was held on :the'. Pet'i.tion .to. r-e,-' zone !.the. premises. :deS:crib:ed in :Planni.ng case: 'No'.; 7'0u.88 :fr'om SR to'. LB: :and as. 'to. a variance'. i.to', re. duce :floor 'area require- ments. -from i,0Ofl sq~a,re, i.fee~ :.toi 780 square ifee.t :.on the, proper'ty .des:cr'ibed'. :in :the' Notice of PubliCation, Said: pubii'cation ,having be.en~ ha'de .in :th'.e~ iNe~ HoPe-P.lYmOuth Post' on :the,.: '2~%h . day December ..... , , 19'7'0. and by' maile'd notice to. surrounding proper't¥ owIle r s :.' 2 'This CoUncil.: '.having' .:reWie~ed the St'afl findings' 'and comments.,: healrd~ :the evidence' 'and 'arguments. iof :the. parties,' and .being fully advise'd :in. the Premises,: makeS. :the. 'foll'owi.ng Findings iof~ a. ,' ;Th.at, :the,; Zoning :classificati.on iof ;th.e, SUbj'e. Ct 'premiseS..'for s i.n:gle'.-:fami ly' res!i:denti:al~ use' 'is · sub Stant i:a 11¥ co"r. re Ct.. b ':That if the,. cha.nges :in. the ne.ighb:arhood .des:c'ri.be.~ by th.e P. eti.tioner aff.ect :the Proper'.ty :of petitioner',. :the 'same. changes:. :also affect :other nearby SRi .zoned parcels' 'and any :cha.nge in zoning of :the nature -reqUeslte'd· :should involve' a reCons i:der.ati.on io f th.ell 'zO.ni.ng io f all io f :the 'SR' pr.op'erty. :in. :th.e. ~i'mme diaZe :.are a.. c. 'Th.aZ no. evidence :was. :offer!ed .tO. :jU:st[i':fy a variance.,: .as' :reque. slt:ed. 3.~ ;':T.h.e. ..re.ques'.t .for rezoning .from 'SE to LB: .and the ' variance i.to'..re:/[uce'. ;floor area. requir'em.enzs. 'as :re:quested..in. :Planni.ng CaSe' No'..,' 70:.88 should' be. and he.r;eb'y, is.. :denied'. .AdOpted by. :th:e Vil'l'~'ge 'Council :of :th.el. Vi:l'l'~'ge: :,of New.' RESOLUTION CONSENTING TO DISSOLUTION OF SUBURBAN SANITARY SEWER COM2~ISSION WHEREAS, this municipality entered into a joint and coopera- tive agreement for the establishment of the Suburban Sanitary Sewer Commission, during the year 1963, and WHEREAS, such commission has accomplished its purposes, and WHEREAS, sanitary sewage disposal facilities are now owned by and are the responsibility of the Metropolitan Sewer Board, and WHEREAS, there appears to be no reason for the continuance of the Suburban Sanitary Sewer Commission, and WHEREAS, Such commission has funds remaining on hand contribu- ted by its members, including this municipality; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope , Minnesota, as follows: 1. This municipality herewith gives its consent to the dissolu- tion of the Suburban Sanitary Sewer Commission, contingent upon consent to such dissolution by all other members of the commission. 2. Such consent shall be effective as soon as consent of all other members of the commission has been received by the chairman of the comm~ission. 3. ~Upon receipt of such consent by all member municipalities the officers of the commission are authorized and directed to return all unexpended funds of the Commission to the municipali- ties which have been men~bers, on a pro rata basis, in proportion to contributions 'made by them. Adopted by the Council of the Village of New Hope this 8th day of February~ 1971. ~. ~E~ward ~. Eri'ckson', / Mayor/ Attest: / / B~dliot, Village Clerk-Treasurer RESOLUTION OF COMMITMENT ON NATIONAL REVENUE SHARING WHEREAS, we, the Council of the Village of New Hope, Minnesota, hereby assert that the immediate establishment of an adequate and fair national revenue sharing system is the highest priority issue confronting government here in Minnesota and through- out America. National revenue sharing is essential to preserve our federal system, vital to the ability of state and local govern- ments to set goals, make decisions and be responsive to the needs of their citizens, and basic to the resolution of the principal domestic problems confronting America. NOW, THEREFORE BE IT RESOLVED: 1). As evidence of the urgency and high priority we assign to a national revenue sharing system, we hereby publicly commit ourselves to actively support both a realignment of our national priorities and a reallocation of our resources to pro- vide funds for revenue sharing. ~ile we recognize the continued need to utilize categorical aid to meet national objectives, we would support a moratorium on new grant programs~ And as further evidence of our commitment, we would support, if necessary, such increases in national taxes as are required to supplement existing funds. 2). The Village Manager is hereby directed to transmit a certified copy of this resolution to Minnesota's Congressional Delegation. Adopted by the Council of the Village of New Hope this 8th day of February, 1971. / /~ ./~ Edwavc~/g. Erickson~ ~~~.~ ~ May.~ Attest: 'B~/~~~~li t, 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 resolu- tion duly adopted by the Council of the Village of New Hope at its meeting on February 8, 1971, 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 February, 1971. · o~/Clerk_Treasurer EXTRACT OF MINUTES OF MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF NEar HOPE Pursuant to due call and notice thereof, a regular meeting of the Village Council of the Village of New Hope, Minnesota, was held at the Village Hall, &&O1 Xylon Avenue North, in said Village on the 8th day of February, 1971. The following members were present: The following members were absent: Councilman Johnson introduced the following resolution and moved its adoption: IRESOLUTION AUTHORIZING AN ALTERNATE COMMISSIONER TO REPRESENT THE VILLAGE OF NEW HOPE ON THE BOARD OF THE BASSETT'S CREEK FLOOD CONTROL COMMISSION AND AP- POINTING SAID ALTERNATE COMMISSIONER WHEREAS, the Village of New Hope has entered into a joint and cooperative agreement with other communities establishing a Bassett's Creek Flood Control Commission, and WHEREAS, said agreement provides for one Commissioner to represent each of the individual nine communities, and ~HEREAS, the Bassett's Creek Flood Control Commission has been meeting and carrying out its assigned duties but finds that the nine individual commissioners are not all able to attend all meetings, and WHEREAS, it is deemed necessary and advisable that the Village of New Hope be represented at all meetings of the Commission and have a representative present who can participate in the discussion, make or second motions and vote on the questions before the Commission, and WHEREAS, the joint agreement, does not provide for an alternate to serve if a Commissioner is unable to attend Commission meetings and M. C. Honsey, who is our duly appointed Commissioner, recommends that an alternate Commissioner be appointed by this Council to attend and vote at Commission meetings if he is unable to be present, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota, 1. It is hereby determined to be necessary and expedient to the Village of New Hope to appoint an alternate Commissioner to serve on the Board of the Bassett's Creek Flood Control Commission. 2. The alternate Commissioner may serve in lieu of the duly appointed Commissioner at any meeting of the Board of said Commission if the Commissioner is not present at the meeting. He may participate in all discussions and may vote on all proposals before the Board of the Bassett's Creek Flood Control Commission. 3. The Village of New Hope agrees to waive any objections it may have to the Board of the Bassett's Creek Flood Control Commission proceeding with its assigned duties with Council appointed alternate Commissioners voting in the absence of the regular appointed Com- missioner. ~. The alternate Commissioner to serve on the Board of the Bassett's Creek Flood Control Commission from this municipality shall be ~Hlafk~ . He shall serve without compensation; provided, however, such member of the Commission may be paid his actual expenses necessarily incurred in the performance of his duties.. 5. The alternate representative shall be subject to all the pro- visions of the joint and cooperative agreement and Commission by-laws and his appointment shall coincide with the t'erm of our Commissioner under said joint agreement. 6. The Village Clerk is hereby authorized and directed to send a certified copy of this resolution to the Secretary of the Bassett's Creek Flood Control Commission, in care of the Village Manager, Village of New Hope, Minnesota. Adopted by the Village Council this 8th day of February, 1971. Attest: ~~~L.. Mayor ' EriCkS°n'~' ~lla~~l~-~'-Tr sa sur er 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 at- tached 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 February 8, 1971, 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 February, 1971.~~,. ~/ ClerkLTreasurer (Seal) RESOLUTION OBJECTING TO THE ELIMINATION OF THE HOMESTEAD EXEMPTION FROM THE PROPERTY TAX LAWS OF THE STATE OF MINNESOTA WHEREAS, the recommendation of the Hennepin County League Tax Committee Report recommended that all classifications of real estate be eliminated WHEREAS, this recommendation has been interpreted to mean the removal of the "Homestead Classification" WHEREAS, the recommendation did not include quidelines for equalization of the tax burden or what disposition would be made of the sales tax credit WHEREAS, it would appear that the removal of the Homestead Credit would increase the tax burden of the homeowner and in- crease his taxes approximately $300 ($24,000 value home on 1971 mill rates) without increasing the revenue of the taxing districts WHEREAS, such increase would increase the taxes on the already over-burdened single family dwelling property owner WHEREAS, increasing the real estate tax burden of the typical single family dwelling owner in New Hope would place the ownership of his property in jeopardy THEREFORE, BE IT RESOLVED THAT the Village Council of the Village of New Hope records their objection and goes on record as being opposed to the elimination of the homestead classifica- tion of the State of Minnesota Property Tax Statutes, That the Village Manager direct copies of this resolution to our Senator and Representative together with the Senate and House members of the tax committee of our State Legislature, to the Hennepin County League of Municipalities, to the Metropolitan Section of the Minnesota League of Municipalities, to the Minnesota League of Municipalities and to all City and Village Councils in Hennepin County. Adopted by the Village Council this 22nd day of February , 1971. I ....... ~ //) ~/~ Edward J .~kson, ' ATTEST: ~.:: May?~ ~Clerk~Treasurer RESOLUTION AS iTO RE.ZONING'RE.QUESI OF JAMES'HAMANN.(CASE NO..~ 70~93)';'MAKING FINDINGS. OF FACT AND DENYING THE REQUEST.' BE IT. RESOLVED by the Village iCouncil ~of the VillBge .of NeW Hope, Minnesota as. follows:' 1. An'adjourned public hearing was held on .the petition to.rezOne 'the Premisesl desC'ribed in Planning Case' No. 7'0z9s'from LB..to GB as to. the properlty desh'ribed in theNotice of Publication for the initial hearing, said publication having been made in the New Hope-Plymouth Post on the 24th :day Of December', 1970: and by mailed notice to surrounding property~ owners,, said adjourned hearing being held February 8, 1971. 2. This 'Council, having .r.e~iewed the staff findings and comments., heard the. evidence and arguments of the peti- tioner, and being fully ,advi.sed in the premises, makes the following Findings of Fact: a. That the zoning, classification of the subje, ct premises for LimiteR Business use is subSt'antially co'r. rect5 and that no mistake in the original zoning was demonstrated, nor are there .changes in uses ~of the .surrounding areas s~fficient to justify the eXercise of the; zoning po~e.r by this Council. b. ·That .the proposed use by petitioner does not fit any approved uses for LB ~zoning either· by definition or by SPecial Use. c. That .the character of the adjoining properties being ·primarily of a residential · nature, is :the opposite of that required by the definition for GB in the Village Code (4..~21./5): "GB - Areas which are designed for those business'es 'that ~tend to~.service .other bUsinesses · and industry rather than ~the h'omeo~ner. They also· tend to. be less c'ompatibIe with iresi'~ .dential areas than other types .of business. Be·cause of these · factors, bUsinesSes in ·this ~ zoning. ~classification are' con- cent~ated' and are insulated 'as · possibIe ~fr'om residential 'areas." 3. ~Th.e ireqluest, .for re. zoning from LB.' ~to GB. as' :re- queslt:e,d .in :Planning Case: 'No..' ?'0:i.951':should be. and hereby is · · deni:ed. · Adop. t~ed bY the ¥illage :CoUncil ,of the. ¥i:llage !of Att e'S't~ :' ' 'k-'Tr'e is are r RESOLUTION ON STATE AID BONDS VILLAGE OF NEW HOPE WHEREAS, the Village of New Hope has issued and sold bonds, dated September I, 1970, in the amount of $203,000 exclusively for the purpose of establishing, locating, relocating, constructing, reconstructing or improving its State-Aid Highways in accordance with Law. WHEREAS, said Village of New Hope has irrevocably pledged to the sinking fund from which said obligations are payable, that amount of their future State-Aid allotments as is permissable by Law and needed to pay the principal and interest thereon; which principal payments shall be made from the Regular construction account of such State-Aid fund and the interest payments made from their Regular State-Aid maintenance account, all as detailed herein: YEAR DATE PRINCIPAL INTEREST TOTAL DUE 1971 Mar. I $ 23,000 $ 5,190.50 $ 28,190.50 1971 Sept. - 4,650.00 4,650.00 1972 Mar. I 20,000 4,650.00 24,650.00 19.72 Sept. - 4,180.00 4,180.00 1973 Mar. I 20,000 4,180.00 24,180.00 1973 Sept. - 3,7 0.00 3,710.00 1974 Mar. I 20,000 3,7 0.00 23,7t0.00 1974 Sept. - 3,2 0.00 3,210.00 1975 Mar. 20,000 3,2 0.00 23,210.00 1975 Sept. - 2,7 0.00 2,710.00 1976 Mar. 20,000 2,7 0.00 22,710.00 1976 Sept. - 2,185.00 2,185.00 t977 Mar. 20,000 2,185.00 22,185.00 1977 Sept. - 1,660.00 1,660.00 1978 Mar. 20,000 1,660.00 2t,660.00 1978 Sept. - I,II0.00 I,I10.00 1979 Mar. 20,000 I,I10.00 21,110.00 1979 Sept. - 560.00 560.00 1980 Mar. 20,000 560.00 20,560.00 NOW THEREFORE, BE IT RESOLVED: That the Commissioner of Highways be and is hereby requested to keep a bond record in his office for the Village of New Hope. BE IT FURTHER RESOLVED: That the Commissioner of Highways be and is hereby requested upon receipt of this resolution to annually certify to the State Auditor the sume of money required for the principal and interest on said bonds.~~ / ~{ ~ ~C,~'~:~~I~ ~ / Attest: . ' ~d J'~ E~Pickson, Ma~O'r 'B~-t~y//P6uliot, ~ // Cler~-Treasurer ~ STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. VILLAGE OF NEW HOPE) 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 ...~.~ ~z__ , 1971, as the same is recorded in the minutes of the meefing of such Council for said date, on file and of record in my office. Dated this ~ ~ day of /-~...¢f% , 1971. vB~;lag~CIl~'~r~'Treas~rer (SEAL) RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT NO. 260 BE IT RESOLVED by the Village Council of the Viii.age of New Hope, Hennepin County, Minnesota, as follows: I. This Council held a public heari.ng the 14th day of September, 1970 at 7:10 o'clock p.m. at the Viii.age Hall, 4401 Xylon Avenue North, in said Village, on proposed Street Improvement No. 260 of the Village, after notice of said hearing was duly published as required by law in the New Hope-Plymouth Post on the 3rd and loth days of September, 1970. 2. That at a regularly scheduled meeting of this Council held on the 22nd day of February, 1971, the pro- posed improvement was .again considered. 3. That all persons desiring to be heard were given an opportunity to be heard thereon and this Council havi.ng considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby de±ermine to proceed with the making of said proposed im- provement, and said improvement is hereby ordered. 4. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the notice of public heari.ng pertaining hereto. 5. This Council has examined and approved the Affidavit pertaini.ng to the mai li.ng of notices of said hearing to the owners of all parcels within the area to be assessed, and has examined and approved the mailing list containi.ng the names and addresses of all such owners; and this Council hereby finds, determines and dedlares that notice of said hearing was duly mai led the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. Adopted by the Council this 22nd day of February, 1971. Attest: Mayo~ Vi I ~ZageP°~ I ~-Treasu re r RESOLUTION ON PROPERTY TAX REVENUE FOR SCHOOL DISTRICT 281 WHEREAS, the Mayor and Village Council recognize the high level of taxation on property as one of the chief concerns of our people, and WHEREAS, School District 281's share of our property tax exceeds 60% of our total tax, and WHEREAS, this Council feels duty bound to reflect our citizen's concern with the high rate of increase in taxes evidenced so graphical- ly this year by tax levels in New Hope, and WHEREAS, the State Legislature, currently in session, must take cognizance of this fact and provide remedies to the ever increasing property taxes, and WHEREAS, District 281 school board has a responsibility to spend at levels our people can afford; NOW, THEREFORE, we the Council and Mayor of New Hope adopt the following resolutions: 1. Resolved that we recommend to the state legislature adoption of standardized school construction by developing and certifying several types of school buildings to meet the needs of Minnesota, thereby saving individual architectural and engineering fees in the construction of new schools. 2. Resolved that we recommend no increase in the allow- able mill rate school districts can levy. We further serve notice that in the effort to cut costs we will not accept as a simplistic solution to a complex problem, the curtailment of athletic programs thereby avoiding the main issue in an irresponsible attempt to win public support for increased levels of spending on education. 3. Resolved that we urge the District 281 school board to set up additional public meetings before the preparation of its next budget and become more famili'ar with the inability of our citizens to con- tinue to finance unlimited increases in school costs. We also suggest that more school budget information be made available in advance of such public hearing meetings on this budget. We cannot keep New Hope a total community if, in our effort to provide the ultimate in education, the broad type and range of people we have can no longer afford to live here to avail themselves of this education. -2- Adopted by the Village Council this j>~ day of X~-~r~-~ , 1971. ~dWard/J/~i ckson, ~ Mayor~/ ATTEST: ~..~~ ~~. V ~ i i~/e'°~ll ~er°~_'Trea surer 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 at- tached 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~-~~ 2~-' , 1971, as the same is recorded in the minutes of the meeting of such Council for said date, on file and of record in my office. Dated this /~ day of /~~.~ , 1971. / ~11 a~~i ~:Treasurer. (SEAL) RESOLUTION AUTHORIZING WAIVER OF PIATT~[G REGUIATION ~fITHIN THE VILLAGE OF NEW HOPE, ~fiIKU~ESOTA PRESZ2~T PLAT 62491 PARCEL 8100 , (FOR GLEN KUCH AND ~'. C. BENS~ 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 vary- lng the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon specific grounds set forth in the regulations. 2, That Section 4.581 of the New Hope 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 restric- tions 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 recording of Conveyances using substantially the legal description contained in the following paragraph: 4. Premises in the County of Hennepin, State of Minnesota described as follows: (a) South 205 feet of Lot 1, Block 3, Winnetka Hills 2nd Addition (b) That part of Lot 1, Block 3, Winnetka Hills 2nd Addition, lying North of the South 205 feet. Dated this 8th day of March ~ , 197__1. ATTEST: ~ ,~"' ~ky/clerkLTreasurer RESOLUTION AWARDING CONTRACT FOR ADDITIONAL LIGHTING FOR 49TH AVENUE BALL FIELD BE IT RESOLVED by the Vill~age Council of the Vill~age of New Hope as follows: I. That advertisement for bids for modification to the baseball floodlighting system at the 49th Avenue Ball Park was p'ublished in the New Hope-Plymouth Post on February 4, 1971 and said bids were duly opened on February 18, 1971 and subsequently re- jected in their entirety upon the advice of the Viii.age Attorney because of a defect in the specifications as to requiring a bid bond, and 2. That advertisement for bids for modification to the baseball floodlighting system at the 49fh Avenue Ball Park was .again ~published in the New Hope - Plymouth Post on February 24th, 1971 and said bids were duly opened on March 8, 1971, by two duly authorized ~agents of the Village. 3. It is hereby found and determined that Premier Electrical Construction Co. is the lowest responsible bidder for the modification to the baseball floodlighting system in the amount of $5,739.00. The Village Maria§er has recommended to this Council thaf said tow bid be accepted and this Council does hereby award the contract for the construction to said Iow bidder. 4. The Mayor and Man.ager are authorized and directed to execute a contract to accomplish the modifica- tion to the baseball floodlighti.ng system at the 49th Avenue Ball Park, in the name of the Village with said Iow bidder, subject to said contractor furnishi~ng a public contractor's surety bond, conditioned as required by law. Adopted by the Council this 8th day of March, 1971. ~ youl iot, V i I I.a~Je Clerk-Treasurer A RESOLUTION ON 1971 AND 1972 WAGES FOR PUBLIC WORKS PERSONNEL WHEREAS, the 1971 Village Budget has been adopted, and ~ WHEREAS, salaries and wages for the majority of vlllage employees were adopted by a resolution on the 31st day of December, 1970, and WHEREAS, said earlier resolution noted that negotiations were still underway with Local 49 for employees performing public works related duties and that the village did agree to have the final agreement between the village and Local 49 retroactive to January !, 1971, providing the village employees performed alt services at customary levels during the negotiation period, and WHEREAS, the employees did provide a high level of service, and WHEREAS, the negotiations were carried out In good faith, NOW THEREFORE, the following 1971 wage plan Ts hereby adopted for the Village of New Hope employees performing public works re- lated duties: f. The basic salary range for all personnel except super- tntendents shall be: Employment Time ~tart 6 Months to 48 Months Over 48 Months $4.06/hr. $4.31/hr. $4.43/hr. 2. In addition, the following rates shall apply when an employee is operating those items of equipment as classified by Local 49 as heavy equipment. 6 Months to 48 Months Over 48 Months $4.72/hr. $4.84/hr. 3. In addition, Harris Smith and James McAIpin, Lead Foremen for the Water and Sewer and Street Maintenance crews, shall be paid an extra $50.00 per month as compensation for their 'additional duties. -2- NOW THEREFORE, the following 1972 wage plan Is hereby adopted for the Village of New Hope employees performing public works related duties: !. The basic salary range for all personnel except super- intendents shall be: Employment Time Start 6 Months to 48 Months Over 48 Months $4.35/hr. $4.60/hr. $4.72/hr. 2. In addition, the following rates shall apply when an employee is operating those items of equipment classified by Local 49 as heavy equipment: 6 Months to 48 Months Over 48 Months $5.01/hr. $5.13/hr. 3. In addition, Harris Smith and James McAIpin, Lead Foremen for the Water and Sewer and Street Maintenance crews, shall be paid an extra $50.00 per month as compensation for their additional duties. -~ Adopted this 8th day of March, 1971 on motion by Councilman _~s~/~ , second by Councilman ~s~ - ,~ Edwa~x~r J o ErickSOn, ' ATTEST: ~:~. ~ RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET AND STORM SEWER IMPROVEMENT NO.. 26S. BE IT RE.SOLVED by the Village Council of the Village of New Hope, Hennepin County, Minnesota, as follows: 1. It is hereby found and ~dete!rmined that Bonestroo, Rosene, Anderlik ~ Associates, Inc., Engineers 'for the Villgge have heretofore repor, ted to this Council that a street and storm sewer improve- ment for the Village as hereinafter deSc-ribed is feasible and may best be made as proposed. The pro- ject .is a combined improvement with Hennepin County. The estimated cost of New Hope's share of said improve- ment is $232,S00.~00. 2. This ~Council shall meet at ~the time and place specified in the form of notice included in paragraph 3 .here'of for the purpose of hOlding a public hearing on the proposed construction of a public provement 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 suc- cessive w. eeks 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-.STRE,ET AND .STORM SEWER IMPROVEMENT NO, 26. S Village of New Ho.pe, Minnesota 1. No.tice is :hereby. given that :thel Vi:llgge Council of .th. el Village 'of New Hope, Mihnes. ota, wi:il meet on the'22nd day of March,..1971 'at.".?:'.00 o~.clOckp, m. at :the' Vi:ll~ge Hall, 440] Xy]on Avenue North in said village, for the purpose of holding a public hearing on a proposed' improvement .as de- scribed her'einafte.r. 2. The' general nature of .the improvement is th.e const:ruction of si:r_eets~ including excavati'ng~- grading~ gravel'ing~ :permanent .s'urfacing~ ~urb and gukt'e'.~ si'd~walks~ inclu'dihg .the construction o~ sto'.rm .sewer, manhOles~' otker street 'Rraina. ge,' and ali'.otb.er appur, tenant ~Orks and services reasonably r~quired th.erefor, to .serve an area in .the Vi.llage of New Hope, County. of Hennepin~ Sta.te. of Minneso'ta~. described as 'folloWs: On Winnetka Avenue North het~e, en Bass Lake Road (County Road No. 10)~ and Rockford Road (County State~ Aid H~ghWay No~ 9). 3. The project is a combined improvement 'with Hennepin County. The estimat~d Cost of New HOpe~s share of said impr, ovement is $~232~S00~,00~ 4. The area proposed to be' assessed for ~the making of said improvement ~shall inclUde all the~ premises abutting the' str~eets described in par~gra,ph 2 aho~e. S. All persons interested are invited' to'. appear at said hearing for the purpose of being heard with respect to. the making'of said improvement Date,d the' 8th day of March~ 1,97I~. Betty Pouliot~. Cler~-Treasu~rer, (Published in the NeW HoPe-Plymouth, Post March 11 and 18, 197!,) Each and ,all of the iterms 'and provisions as · stated in the foregoing notice iof hearing are hereby adopted as 'the iterms and provisions in accordance with iwhich 'said heari.ng shall be held. ....... ~ MaYb~r i ttes t~:' /~u::~/~ RESOLUTION REQUESTING SUBMISSION OF BILL FOR AN ACT AUTHORIZING THE VILLAGE OF NEW HOPE TO REFUND TEMPORARY IMPROVEMENT BONDS ISSUED 'IN 1970 AND 1971 BE IT RESOLVED by the Village Council of the Village of New Hope as follows: 1. 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 improve- ment bonds in lieu of definitive 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 resulted 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 State Senator George S. Pillsbury and State Representative O. J. Heinitz and this Council hereby requests that Senator Pillsbury and Representative Heinitz present to the Legislature a bill in substantially the form included in the attached "Bill for an Act Authorizing the Village of New Hope to Refund Temporary Improvement Bonds Issued in 1970 and 1971." 4. The Council also wishes to express its ap- preciation to Senator Pillsbury and Representative Heinitz for their efforts in presenting this bill and representing this community, and to express its appreciation to the ap- propriate Committees and to the Senate and House of the State of Minnesota for their consideration of this legislation. Dated the 12th day of March, 1971. j'~ Edwar~J. Erickson, Attest: B~~'~oy~~uliot, M~r Village Clerk-Treasurer RESOLUTION REQUESTING SUBMISSION OF BILL TO CAUSE DISTRIBUTION OF STATE FUNDS IN 1971 TO MUNICIPALITIES BASED ON 1970 CENSUS FIGURES WHEREAS, population figures provide the basis for distribution to Minnesota municipalities of State funds, such as revenue from cigarette and liquor taxes, and the Village of New Hope, Minnesota had a 1965 census of 11,620 and a 1970 census of 23,086; and WHEREAS, the Village of New Hope, Minnesota will receive funds in the amount of $62,963 for the first-half 1971 distribution of State funds to municipalities by the State Auditor's Office as said distribution was based on the 1965 census; and WHEREAS, the Village of New Hope, Minnesota should have received funds in the amount of $125,094 for the first- half 1971 distribution which represents a loss of $62,131 and which will seriously affect the 1971 Village Budget; and WHEREAS, State Auditor Rolland Hatfield has asked the State Legislature to pass a bill to permit the State Auditor's Office to adjust the second-half 1971 distribution to compensate for the fact the first-half 1971 distribution was based on 1965 census figures. BE IT RESOLVED by the Village Council of the Village of New Hope, Minnesota as follows: 1. The Village Council urges State Senator George S. Pillsbury and State Representative O. J. Heinitz to present a bill to the State Legislature of Minnesota that provides that the State Auditor's Office be required to adjust the second-half 1971 distribution of State shared funds to municipalities to compensate for the fact that the first-half 1971 distribution was based on the 1965 census and not the 1970 census. 2. That the Village Council hereby authorizes and directs the Clerk-Treasurer to forward a 'copy of this resolution to State Senator George S. Pillsbury and State Representative O. J. Heinitz. Dated the ?~- day of March, 1971. ..... j~~ Mayoe '~ Attest: ~rbasurer .~_~,l. RESOLUTION ORDERING.CONSTRHCTION OF STREET AND STORM SEWER IMPROVEMENT NO. 26S BE IT RESOLVED by the Village Council of the. Village of New Hope as follows: 1. This Council heid a public hearing the' 22nd day of March, 1971 at ?:O0. o'clock p. m. at the Village Hall, 4401 Xylon~Avenue North, in said village, on pro- posed Street and StOrm Sewer Improvement No'. 265 of the village, after notice of said hearing was duly published as required by law in the New Hope-Plymouth Post on March 11 and 18, 1971. 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 in- terested and'being duly advised as to the pertinent facts, it was hereby determined 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 hearing pertaining thereto. 4. This Improvement shall be carried out in con- junction with the County of Hennepin, and the Mayor and Manager are hereby .authorized and directed to execute, a contr.act for said construction, as heretofore presented and .examined by this Council. 5. This Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area to be assessed, and has examined and approved the mailing list con- taining the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. Adopted by the Council this ~a_ day of March, 1~7~. Atte.st:~ ' ~ ~ Cler~k-Treasurer RESOLUTION AUTHORIZING WAIVER OF PLATTING R~GULATION WITHIN THE VILLAGE OF NEW HOPE, MINNESOTA PRESENT PLAT 62285. . PARCEL ~_7~ (FOR Suburban Heatin~ BE IT RESOLVED by the Village Council of the Village of New Hope: 1. That Section ~62.558, Subdivision 6, of the Laws of 1965, Ch. 670, provides that Subdivision regulations may provide for a procedure for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon specific grounds set forth in the regulations. 2. That Section ~.551 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 ~ hereinunder, 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 Vi!lao~e of New Hope does hereby waive such compliance, and authorize the filing and recording of conveyances using substantially the legal description contained in the following paragraph: 4. Premises in the County of Hennepin, State of lCumnesota described as follows: A. West 75 feet of the East 150 feet of Outlot 2, Mork Campion Heights B. Balance of Outlot 2, Mork Campion Heights (from which this parcel originally was divided) Dated this ~ day of Attest: ~' /~~~~~ ' ~/~' ' ~k~-Treasure~ ~~~ ~%yor RESOLUTION OPPOSING CHANGE IN THE ADMINISTRATION OF DIRECT RELEIF 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 munici- palities 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 system in rural Hennepln County, direct relief has b-'een 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 Hennepln County is not fragmented and has been at ali times administered in a humane, efficient and intelligent manner, and WHEREAS, it ls now proposed that the legislature of the State of Minnesota enact legislation abolishing the above system of administration 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 HEREBY 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 wtli 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 transmitted to the State Senators and the Members of the House of Representatives of the Legislature of the State of Minnesota, who are elected from and represent Hennepin County. Passed and adopt~ by the Village Council of the Village of New Hope this ~day of /~r~/ , 1971. RESOLUT I ON APPO I NT I NG YOUTH COIVlM I SS I ONERS WHE~, the ~uncil did, on March 8, 1971 adopt O~inance ~. 71-5 providing for the establishment of a ~uth ~ission, and ~EREAS, this ordinance provides, in pa~, that the ~w ~pe ~uth Commission shall be composed of fifteen ~mbe~ from ~ree seg~nts of the citizens of ~w ~pe as follows: I). Five adult ~mbers; 2). Five girls in grades 9 - II (or equivalent age) 3). Five boys in gra~s 9 - II (or equivalent ~e) ~EREAS, the ~yor and each ~uncilmn shall appoint one person from each seg~nt whom he feels will benefit the ~Ission, and WHEREAS, appoint~nts shall be for two year te~s, except for the first Commission. The te~of eight of the first appointees shall ex- tend to the first ~uncil Meting in January of 1973, and the ~of seven of the first appointees shall extend to the first ~uncil meeting In January of 1972, and ~E~AS, it is dee~d appropriate that the te~s of the ep~intees ~ the first ~mmission coincide as far as pr~tical with the elective te~s of the ~uncil as now constituted. ~E~F~E BE IT RESOLVED that the following persons are hereby appointed ~ the ~uth ~ission with te~s as hereinafter set fo~h: Expiation Appointed ~ Appointee of ~ Erickson Mrs. ~bert ~nner (Sr.) January, 1972 Erickson Miss ~ralyn Lazer (Jr.) Janua~, 1972 Erickson Mr. Dan Harkness (Jr.) January, 1972 ~sac~r Mr. ~ger Glaim (Sr.) January, 1973 ~sac~r Miss Linda Stumpf (Jr.) January, 1973 ~sacker Mr. Kirk Elias (Jr.) January, 1973 ~kr Mrs. Jero~ Quinn (Sr.) January, 1973 ~kr Mr. Sc~t Sue~r (Jr.) January, 1973 ~kr Miss ~ri Carl (Jr.) January, !~3 Johnson Mr. Fred ~yes (Sr.) January, 1972 Johnson Miss ~b ~ud (Jr.) January, 1972 Johnson Mr. John Clifford (Jr.) January, 1972 Plufka Mrs. John Viken (Sr.) January, 1972 Plufka Miss ~rri Miller (Jr.) January, 1973 Plufka January, 1973 A~est: /" ~:>r'"' /Pou lot, Village Clerk-Treasurer RESOLUTION OF PROCLAMATION A RESOLUTION PROCLAI~NG THE i~ENTY-FIFTH DAY OF APRIL, 1971, HONEY S~DAE A day ae~ aside ~ Hi~ Honor- ~h~ Mayor ef ~r~orting the Minnesota Jaycees and the Jaycee's MINNESOTA HONEY SUNDAY, program to help the mentally retarded in ou~ ata~e and in oum community. WHEREAS, many of the mentally retarded have been found e~p~ble of ~. living given prope~ training and acceptance by emp~oy~ms~ and th~~ gener~ pub~ic~ and WHEREAS, more faci~ties, personnel, amd finances ~ needed ~o p~m~ide such programs and ~cceptance, and WHEREAS, public awareness and concern are necessary ingredients in t~. success of developing and maintaining improved training and care fo= the retarded, and WHEREAS, MINNESOTA HGNEY SDNDAY is dedicated to generating bot~ finan~e~ and pubic awarenesa for the programs for the retarded, and WHEREAS, CA~ FRIENDSHIP fo~' tb~ retarded providea valus~te training well ~s camping experience fo~ the retarded and will receive part of the proceeds from MINNESOTA HONEY SUNDAY to ~eplace ~ main lodge fire in 1968, and WHEREAS~ local programs for the z~tarded benefit from the succesm of the\'~MINN~OT HONEY S ~NDAY program~ and WHE~, the GOVERNOR OF THE STATE OF ~NNESOTA haa proclaimed~ the reSid~ents ,~of N~,BE IT RE~OLVED, that His Honor the Mayor of New Hope, Minnesotm h~ officia~lly pro¢l~ the twenty-fifth day of April~ 1971 a~ HONET SUNDAY. F~THER BE IT RESOLVED, that the officimls of thi$~ community pledge their full support to the New Hope Jaycees for the wor~thy camse of HONEY ~d urge the residents of New Hope to give their full support ~o the HONE~ SUNDAY p~ogram~ and BE IT FURTHER RESOLVED, that this proclamation be entered upon the ~ffici~l minutes of Adeption of the forgoing x~solution was moved by ....... ..... ?~ ~ seconded by Upon roll call the following voted aye: The following voted nay: Duly adopted this day of ~ 1971 AT.T: RESOLUT I ON Ul~l NG A REFERENDt~ ON THE PROPOSED HENNEPIN OOUNTY CIVIC .CENTER ~, the Hennepln County Board of Co.~ls$1onerl h~ pro- posed ~onstructlon of a new Civic Center in the City of Hlnneapol Is at · cost of several mi I I ion dol lets; and M4EREAS, thls Civic Center is proposed to be financed In part by bonding au~horlzetion received from the Hlnnesota State Legislature, but has not been voted upon by the citizens of Hlnnep! n County; and M4EREAS, in time of such high governmental tax burdens the opinion of the New Hope Vt lfage Councl I that ell expenditures of such a magnitude should be voted upon by the people affected: N0~/t THEREFORE, BE IT RESOLVED by t~e Village Councl I of Hope, #lnnesota. that It hereby urgently requests ~he Honnepln County~oard of Cmmlssloners to schedule a referendum upon the proposed construction of a new Nennepin County Civic Center. BE IT FURTHER RESOLVED that the'VI tlage Nanager ts hereby dlrected 1o forward copies of this Resolution ~o mm,bare of the- Hennepln County Board and also to all municipal itles wl~hln 14mmepln County, urging them to take slml lar 'ac?ion. Adopted by the Village Council this t2tb day of Aprll, 1971. ATTEST: '~1~ '-lot, Clerk Ttreasure~ RESOLUTION AS iTO ZONING REQUEST PERTAINING TO LB' FORE-JOHN. S.ON-PAZANDAK PROPERTIES AT 32ND AVENUE NORTH AND LOUISIANA AVENUE NORTH, CASE ?1'8, MAKING FINDINGS OF FACT, AND DENY- ING THE REQUEST. ' BE IT RESOLVED by the Village CoUncil of the Village of New Hope as follows: 1. A public hearing was held on the petition to rezone the premises ~described in Case' No. 71~8 from Limited Industry use to Multiple Residential use, after due notice thereof by publication in the new Hop's-Plymouth Post, and by mailed notice to surrounding property owners. The zoning categories of the area had als0 b.een considered in Cases 70-56 and' 68~79. 2~ This Council, having heard the voluminous, evidence presented, and arguments of the parties andother interested owners in the area, and having before it the findings and re- commendations of the Planning Commission and Industrial Com- mission of the Village, and'having also reviewed and .evaluated the zoning of the entire 'area, from visual inspection, and review 'and analysis of staff findings, makes 'the following findings 'of fact: 1. That Exhibits A and B are incorporated herein by this ~reference. 2. That the. zoning of Section 20-.118-.21 b.e.t~een Winnetka Avenue North and'Louisi'ana Avenue North in the Village of New Hope has been apparently correct, viewed as a compre- hensiye .plan. a. The SR zoned property has developed about 10'0%. b. The MR zoned property has developed 100%.. c. The LI and GI areas have 'shown substantial development, particularly in the Northwest quadrant. d. That petitioners contention that the original zoning of their properties was 'in error, be- cause the land has not sold under the existing zoning, is at best an 'arguable premise on their part. Even though a sale exists 'for MR use, in evaluating the premises as a part 'of the com- prehensive plan of the Village, a delay in development for its zoned use does not make the zoned use incorrect. The essence of a comprehensive plan for overall community bene- fit is to provide 'for planned community growth and deYelopment -- not to zone for the benefit of one or two specific parcels as opportunities arise for d. eVelopers. e. The e~isting and proposed .st:reetl construction is better Suited to. the present, zoning than the 'proposed heavy density MR use. The traffic projected for the Proposed rezoning would be prohibitive for the available side roads and feeder streets.' f. Considering the present use or. zoning of the surrounding properties, the p.ropo.sed MR re- zoning could well be :spot~ zoning. Even if not spot' zoning, the req.uested' change would constitute p. iecemealI zoning. g. No evidence of subStance,-other than their own opinion as developers, was 'offer. ed by petitioners as to prohibitive land develop- ment cost's for the PresentI zoning use, and in any .event, these conditions existed when the' land 'was !acquired. h. That this Council recognizes the merit of the p. osition taken by the. Industrial Commission in its minutes of August- 12, 1970, that "the · property is quite suitable 'for industrial . deVeloPment and should it be rezoned to Multiple Residence, such 'rezOning would adversely affect the ir'emaining industrial property in the area; that such r~zoning would iso'late ithe.se remain- ing properties-from State Aid In. dustria! roads such 'as Nevada Avenue NOrth and 32nd Avenue North; that the Present rate of grow~th of industrial deVelOpment in the New Hope area' exceeds :(many) other' suburb an areas ~: confirming the potential industrial, demand for the Property in q.uestion." i. That petitioners'! contention that the sUbject premises are 'bounded bY Crystal on tkr.ee si:des is irrel'eVant 'from the standpoint of sotuld planning. j. That the ~remise'sl carried the present LI'. zoning when acquired bY .petitioners,' and the Petitioners were on notice of any probllems now Complained .of as a basi's 'for reZoning. k. That the ie¥ide'nce Presented for consi:deration does' not establ'ish ithat a mistake Was made in the :origlnalI. zoning, nor that a change incir- cures tances eXis ts' whichl ':j us tifies the exercise -2- of irke power iof :tkfs: :CoUncil .to: rezone.' 5 .' · :T!~e~ ire.quest .to: rezone .tke premises! :deScr.'ibe. d is hOr.eb¥, denied.." Sect. 20 To 118 R. 21 *** New Hope__ *** ~ne ?eve~°~ L. I · 5 · 14 57.56 S.R. 86 houses 30.65 ac --- M.R. 71 units 6 lots 2 lots L.B. G.B. St~rd 1 lot R.B. Superette 1 lot Park 1.&O ac ~ CRYSTAL mm. Zone De~velgpe~d U?.~e~p_p.~ R 1 68 houses 23.05 ac R 3 2 - ~ plex 1 ac 2.88 R ~ 530 units 32.09 ac 3.31 ~ i 33.72 Ni Section 20 T. LIS R. 18 New Hope Developed Undeveleped Church Penney' Biem Construction 2.96 ~xaputer Metal Products 2.90 Minnesota Paints 18.8~ Federal Package 6.~5 Sir Ve~Ad J. R. Jones .... .~:.5_~. ~.93 Ail zoned L. 9.05 1.63 2.29 THIS DOES NOT INCLUDE NORTH P~T CF ~ff~P.~SOTA PAXNT WHICH IS NOT E~gSLOPED OFF CE OF VILLAGE MANAGER F LE MEMO TO: File FROM: R. Nichael Amvx Village Manager RE: Meeting on March 7, 197 Regarding DeveloPment n S..E. Portior of Village On March 7, 1971 a meeting was held in the Village Hall with the Village Council, the Land Use Committee of the PtanninQ Com- mission (Barniskis, Ouimette and Ohman) and representatives of the 10dustrial Development Commission (Pray, Johnson and Rudolph). Discussion was held on future develonment in the area bounded by 36th Avenue, Winnetka Avenue, 27th Avenue and Louisiana Avenue. The writer presented a map of the Village showing developed and undeveloped industrial areas (271.53./320.64 with the totals showing 191.36./400.81 on December 31 1969). It was noted that all areas of the Village had shown good industrial growth as represented by the fact that 35 industrial buildings had been constructed in the last three years. The Crystal use ma~ for the area in question was discussed as was the attached mad prepared by Tobias. It was noted that the Tobias mad showed the following data: Total Developed Total Undeveloped Industria Property Industrial Property (A) 44.93 acres (includes 5.14 20.90 (excludes north acres for church) portion of Minn. Paint tract) Crystal - none 33.72 (B) - 5.t~ 57.56 Total - 50.07 acres Total 112.18 acres The writer noted that the apartment Potential for the Crystal and (B) portions amounted to 1,7 0 units (a total of 94.59 acres @ 18/acre -- 'ncludes property now undeveloped and zoned industrial) and combined with the existing 530 units located on 32.09 acres would result 'n a total of 2,240 a0artment units on 126.68 acres. It was suggested that industrial development had not taken Place in Crystal and (B) portions fo~ the roi owing possible reasons: l). no street access, 2). terrain problems, 3). property is owned in tracts of 5 or more acres whereas indust~ia development has been taking p ace on tracts of I/2 to 3/4's of an acre - example Golden Valley proDerty south of 27th Avenue and 4). no Crystal I.D.C. effort. Discussion was held regard'rig pro0erty in Crystal aad (B) 0ortions with respect to extending~Nevada A~enue south from 32nd to 27th or aooroximately half way to 27th. It was noted that Nevada from 32nd to 36th is a 9 ton street as ~s 32nd from Nevada wesf to Winnetka. The Crystal 01ann'rg maps nroposlng these two street developments were discussed. (Prepared~by Hodne/Stageberg dated May, 1969). The street extension of Nevada to 27th would provide for a division of property to allow multiple development on the eastern portion and ~ndustrial on the western portion. Th's option was generally thought to have a great deal of merit and was suggested to the developer of ~he LaFore nroperty at the March 1971 Council meeting by ~he Village Council. Discussion of traffic impact on 27th was discussed i~ apartments were constructed. The group agreed that the following should be done: I). Develooers 'n area south of 32nd and west of rail- road tracks should consider street extension pro- posals and the ~resent develooment proposals, granted, might cause an area rezoning to MR. 2). Industrial development is 0resents'ir the Village, the general area and the specific area noted in I). aad that owners have not shown that ~rooert¥ cannot be iadustrial v developed i.e. soil tests, attemot at industrial subdivision, providiag access roads. 3). That Mr. Wilfred Wahl should be contacted regarding sol condition on this property and Rosene should be asked on the feasibility of constructing streets on the property an~ the assessment 0rocedure used to develop streets when 0ropert¥ owners "unwilling". 4). That a ~eeting should be set ~up with Crystal to discuss Crystal and "B" ~ortions to develoo com- munity direction i~ judging ~ezoning 0etitions and to d'scuss that street extension recommendations of ~evada south from 32nd Avenue. R. Michael Amyx Vii l age Manager March I0, 1971 cc: Mr. Robert Pray RESOLUTION IN SUPPORT OF A JOINT POWER AGREEMENT FOR SH INGLE CREEK WATERSHED WHEREAS, it has become apparent that the natural surroundings and resources in and about the area surrounding the municipal- ities of Plymouth, Naple Grove, New Hope, Brooklyn Park, Brooklyn Center, Crystal, Robbinsdale and f4inneapol is are becoming polluted, diminished and diverted to such an extent as to en- danger the ecology, and WHEREAS, it is the considered opinion and judgment of the parties to a joint powers agreement that it is necessary for the citizens and local government of each of the parties hereto to take positive action to terminate or minimize as much as possible the trend which now exists, and WHEREAS, no single community could accomplish such a purpose acting individually inasmuch as the preservation of the lakes, streams and rivers constitute and encompass municipalities and portions of the municipalities, and WHEREAS, several municipalities which are involved herein have necessarily constructed and will continue to construct, enlarge and maintain storm sewers and sanitary sewers and other publ lc faci I ities, NOW, THEREFORE, BE IT RESOLVED that the Vi I lage Council of the Village of New Hope is in full support of a joint powers agreement to conduct an engineering study of the Shingle Creek Ware rshed, BE IT FURTHER RESOLVED that the purposes of the joint powers agreement contained in this resolution be directed towards the improvement of the area surrounding and within the several municipalities mentioned herein including, but not limited what has been designated as the "Shingle Creek Watershed". BE 1T FURTHER RESOLVED that the herein referred to agreement be administered by John T. Irving, City Manager of the City of Crystal, subject, however, to the supervision and control of the governing body of the several municipalities which are parties hereto. BE IT FURTHER RESOLVED under and by virtue of this joint powers agreement, the several parties hereto authorize the appli- cation by the administrator as herein set out or amended and changed by the governing bodies of the municipalities, to apply for, receive and disburse the funds, assistance on anything of value which might contribute to the purposes of this agreement, whether the same shall come from private sources or from any grants or aid from any Federal or State agencies or other in- stitutions, and that the administrator be authorized to make application for and receive such assistance according to any and all regulations set forth in the statutes, rules or regulations regulating such grants and assistance. BE IT FURTHER RESOLVED that the director is authorized to obtain from engineering sources or consulting firms, or both, such assistance and advice as may be necessary to carry out this project. BE IT FURTHER RESOLVED that the Village Manager and Village Engineer are to act as the staff representatives for this proJect but that any expenditure of funds by the Village of New Hope for said proJect is to be approved by the Vi I lage Council of the Vi I lage of New Hope. Adopted by the Village Council this 26th day of April, 1971. .J- Edw~;~<(.-ErlCks~r~, Mayor ' . ATTEST: ~~~ Bett~~t ~c~e rk~-Treasu re r IN OPPOSITION TO SENATE FILE NO. 1204 HOUSE FILE NO. 1553 RELATING TO THE FREEZING OF LOCAL GOVERNMENT PROPERTY TAXES AT A DOLLAR AFIOUNT WHEREAS, the Village Council of the Village of New Hope is the official governing body of the Village of New Hope; and WHEREAS, the Village Council has reviewed a bill designated Senate File No. 1204 relating to the freezing of property taxes at a dollar amount; and WHEREAS, it is the opinion of the Village of New Hope that enactment of such a bill would make it difficult or impossible to continue to provide the same level and quality of municipal services in future years; and WHEREAS, the Village Council is of the opinion that the adoption of Senate File No. 1204 would not be in the best interests of the citizens of the Village of New Hope; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope, Hinnesota that the Village Council strenuously objects to the enactment of Senate File No. 1204. BE IT FURTHER RESOLVED by the Village Council of the Village of New Hop~ that the Village Council recognizes the need for and endorses the desirability of property tax re- lief. However, the Village Council is opposed to any form of arbitrary limitations on important revenue sources where alternative sources of revenue are not made available to provide for growth, inflationary tendencies, or increasing pension and retirement fund financial requirements over which the Village has no control. BE IT FURTHER RESOLVED that the Village Hanager is hereby directed to forward copies of this resolution to the Honorable George S. Pillsbury, the Honorable O. J. Heinitz and to the members of the Senate and House Tax Committees and to others with an interest in this proposed iegi. slation. Passed by the Village Council of the Village of New Hope this 26th day of April, 1971. ATTEST: /~ Edwa~ricksOn,'Nay°r Be~i~oUt lot, Ci~rk'Treasurer RESOLUTION AUTHORIZING TECHNICAL SERVICES FROM MINNESOTA HIGHWAY DEPARTMENT NOW THEREFORE, BE IT HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NEW HOPE: That pursuant to statutory authority, the New Hope Village Engineer for and on behalf of the Village of New Hope, Minnesota is hereby authorized to request and ob- tain from the Minnesota Department of Highways, needed engineering and technical services during the year of 1971; for which payment will be made by the Village upon receipt of verified claims for the Commissioner of High- ways. The motion for the adoption of the foregoing Resolution was duly seconded by Councilman Plufka and upon vote being taken thereon, the following voted in favor thereof: Mayor , Councilmen Bosacker~ Johnson, Hokr, Plufka , and no one voted against. Whereupon the resolution was declared duly passed and adopted. ATTEST: Acti n~ ~96~- "-.3 Bet~u 1 i ot C1 erk-T/reasurer STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. VILLAGE OF NEW HOPE) I, the undersigned, being the duly qualified Clerk of the Village of New Hope, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of the minutes of a regular meeting of the Village Council of said Village held l~y lO~ 197~ , with the original thereof on file in my office and the same is a full, true and complete transcript therefrom. WITNESS, My hand officially as such Clerk and the corporate seal of the Village this ~C~bl~ day of l~y , 1971. r ~:~_~1 erk-Treasurer {Seal) Village of New Hope, Minnesota Z;..7 ¢ F'i re :Ckie'f. The Chief shall have control over all firelight- lng apparatus and shall 'be'. solely responsible 'for its care .and condition. He shall make' an annual' report to the Council at .its first' meeting in February of each (year for the period of the' previous 'calendar year. The report shall be a comprehensive report of the 'acti¥ities 'of the' fire department,' .its needs and conditi.on of all fire department apparatus. He may submit additional reports' and recommendations at .any meeting of the 'Council, and he shall report the suspension by him of a member of the fire depart- ment at .the first' meet'ing of the Council following such 'suspension. He sh~ll be responsible .for thE' proper traini.ng and discipline of the members of the' fire department, and may suspend any member, for refusal or neglect .to obey orders pending final action by the Council on his discharge or retention. In the' absence or disability of the Chief, the Assistant .Chief of the fire department shall perform all the fUnctions and exercise' all of the authority of the Chief. In th'.e absence of the Chief and the Assistant Ckief, other designated officers 'of the department shall perform all the' functions and exerczse all of the autho'rity of the Chief. 2'.75 R'e Co'rds .' The Chief shall keep in conveniens form a com- plete record of all fires.' Such record shall include the time of the alarm, location of the fire, cause of fire (if known), .type of property, name of owner and tenant, .purpose for which occupied, est'imate of loss' or property and contents, members of the depart- ment responding to the alarm, and an7 other informa- tion as he' may seem advisable or as may be required from time to time by the Council or State Fire Marshal"s Office. 2.76 Firefighters. Subd. (.!) Q'ua'l ifi'ca tions' Ail applicants for membership shall be not less than twenty-one (21) nor more than thirty- five (35) years of .age and able-bodied. They shall maintain a probationary membership status for no less 'than a six (6.) month period and shall not be accepted as regular firef.ighter's until theY. have sati'sfacto?ily completed the required training. The Council may require -2- RESOLUTION ENDORSING STATE LEGISLATIVE HOUSING BILLS (1) SF 580 - HF 2080 (2) SF 1563 - HF 1657 (3) SF 1356 - HF 1676 WHEREAS, the Village Council of the Village of New Hope, Minnesota has considered a recommendation from the New Hope Human Rights Commission and the Crystal/New Hope League of Women Voters that support be given to the above housing bills, and WHEREAS, the Village Council has studied and dis- cussed the content of each of the above housing bills. NOW, THEREFORE, BE IT RESOLVED that the Village Council of the Village of New Hope endorses each of the above housing bills and requests the support of area legislators in securing approval in the State Legisla- ture. Adopted by the Village Council this 10th day of May, 1971. Mayor (-~erk-Treasurer RESOLUTION SUPPORTING ACQUISITION OF' RIGHT OF WAY FOR WINNETKA AVENUE STREET IF~PROVEF4ENT WHEREAS, Hennepin County is desirous of improving County Road Number 156 from North of County Road Number g to South of County Road Flumber 10, and WHEREAS, the best interests of the Village of New Hope will be served by said improvement, and WHEREAS, the Village Council has accepted and con- cuffed in the preliminary design as presented by Hennepin County. {As amended on the 10th day of May, 1971.) N~.I, THEREFORE, BE IT RESOLVED that the Village Council of the Village of Ne~Hope consents to the acquisition of lands in said Village for said improve- ment based upon the approved preliminary design. Adopted by the Village Council this ,~ '~ day of , 1971. ~Acttng t4ayor Be~t~liot Clerk-Treasurer RESOLUTION DESIGNATING POLICE WEEK IN THE VILLAGE OF NEW HOPE WHEREAS, May l0 - 16 has been designated National Police Week by the President of the United States, and WHEREAS, the Village of New Hope citizens and Village Council supports the unselfish and dedicated service of our police officers, and WHEREAS, police officers strive to protect our citizens and property against harm as the front line defenders in the criminal justice system; NOW, THEREFORE, BE IT RESOLVED that May 10 - 16 be designated Police Week in the Village of New Hope and dedicated to our police officers and all law en- forcement personnel. Adopted by the Village Council this lOth day of May , 1971. Acting Mayor Clear_P°uli°t Treasurer Subd. (.'3) 'D'ispens~ry 'Cl'ose~d. .The 'disPensary shall not 'be open .for bUsineSs of any kind .during the hours when sales' ':of intoxi- 'cati.n§ liquors 'are prohibited." :S:e'c:,tio'~ '2. This-ordinance 'shall be. in full force and effect' afte:,rT~i-ts passa'ge .and publ'ication in the' official news- pape.r of .th:e Vil'l.age.' Pas~:ed bY the Village .Council .of the Village of New~ Hope this' t~:"day of'y~/~'i''',i"i' , 1.9:71 ' Attes~:~~' - ~2 ~er~'_ ~.re asffrer ....... (Published in the NeW HoPe-Plymouth Post' ~ ~ ,~/ .) RESOLUTION AS. iTO~ ZONING REQUEST'Si OF H IRS,CH. LCONSYRUCTION ' ,CO. (CASES. NUMBERED .70',z8'7~ ,,:- .71',.'- 5 and; ?'I~-19 ) BE IT RESOiLVED BY THB VILLAGE COUNCIL OF THB VILLA'GE NB~ HOPB, MINNBS. OTA, AS 'FOLLOWS: 1. Public hearings we]re held on the various pati'.tions of Hirsch 'Constr, uct'ion .'Col...to. rezone ~the p.remisesl. 'describeld in .Planning Case's',' '?0','-~8~7,~ ?'I~uS and: ~7I,~'19 afte'.r', notice by publication in th.e 'official-newspaper~ of the Village,- and by'mailed notice to .surrounding 'prope.rty owners.' 2. :This COuncil, having heard the testimony and argumants, of .the parties 'and being fully advised in the 'premises, m&da !.the' 'following findings iof f&ct: A.' Th:e' iC.ouncil .has' :reViewed its 'findings 'in case' No. 6'9,,1~, p'ertaining to. the' 'same"prope. rty and the same Petitioners., ahd finds and det~ermines .'that the substance of the' 'findings 'in 'Case'. 69'-4 wara correct.. ' B. That new ]designs -and revised density. provisions which :have b~en 'presente'd by .the Pet:i- tioners have not' ~resolved tke Prohlems 'of 'traffic circulation, and that although, current plans 'call for an opening in the. 'concr~.te:. median .strip on ,42:nd Aveaue Nor. th. at Ga't'.t~sbUrg, itraffiC Congastion resulting in an unsafe'condition at ~this section' woluld-.resUtt :.in :tkel clOsing of :the median .at :this point, witk'considarab. Ie '~esulting damage to tha. traffic patterns ~in a la.rge lsurr, ohnding' area.. C. This Council greatly appreciates :the thorough analysils 'prese:~ted by. pet'itioners -in comparing prasen.t .and propos.ed .uses 'of the prams:sas -in question, bUt .cannot 'agree with the -pr.oposals 'to' increase the .density! of population and congestion of traffic. S.' The request's 'for rezoning in Case's 70u'~87., 71-5 and,' 7'I,-'19' 'are.. iherebY~ denied.. -' Adopted. :this'. ~-~. day. of MAY,-19:71,.' RESOLUTION AUTHORIZING WAIVER OF PIATTING REGULATION WITHIN THE VILLAGE OF NEW HOPE~ MINNESOTA PRESENT PLAT 62220 PARCEL ~+60~ , (FO mInsTRa com)AN , - ) KVALSTEN ELECTRIC COMPANY, ~NC. BE IT RESOLVED by the Village Council of the Village of New Hope: 1. That Section 462.J58, Subdivision 6, of the Laws of 1965, Ch. 670, provides that Subdivision regulations may provide for a procedure for vary- ing the regulations as they' apply to specific properties where an unusual hardship on the land exists~ but variances may be granted only upon specific grounds set forth in the regulations. 2. That Section 4.581 of the New Hope 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 restric- tions 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 recording of conveyances using substantially the legal description contained in the following paragraph: 4. Premises in the County of Hennepin, State of Minnesota described as follows: North 110 feet of South 643 feet of East 283 feet of Southeast Quarter (SE~) of Southwest Quarter (SW~) ex road, SectiOn 20, Township ll8, Range 21. '--~y 01erk-Treasurer RESOLUTI0~ AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE VILTAGE OF NEW HOPE, MINNESOTA PRESENT PLAT 62207, PARCW~L 6~+39 (FOR MIDTOWN MANUFACTdRING COMPANY) PRESENT PLAT 62207~ PARCEL (ROmmT L. WHEREAS The CounCil of the Village of New Hope did on November 12, 1968 approve waiver of platting to provide for subdivision of two sites on the north side of 49th Avenue North, commencing 2~4.60 feet west of Boone Avenue, one site to be occupied by Midtown Manufacturing Company and the other site subsequently developed by Robert L. Johnson; and ~, The aforesaid were considered by the Council under Planning Cases Nos.. 68-105 (Midtown) and 69-63 (Robert L. Johnson); and WHEREAS, The records of the Village do not clearly set forth the legal descriptions of the properties involved and inasmuch as it is necessary for title purposes that the platting regulations of the Village of New Hope be waived and the legal descriptions of the properties involved be clearly set forth; NOW THEREFORE, BE IT RESOLVED BY the Village Council of the Village of New Hope: 1. That Section $62,358, 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 ~.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: -1- 4. Premises in the County of Hennepin, State of Minnesota described as follows: (1) West 145-2/10 feet of East 575 01/100 feet of South 335 O1/lO0 feet of South Quarter (S~) of Northwest~Quarter (NW~), Section 7, Township 118, Range 21 (Plat 62207, Parcel 6~39 - Nidtown Manufacturing) (2) West 145 2/10 feet of East 429 81/lO0 feet of South 335 O1/lO0 feet of South Quarter (S~) of Northwest Quarter (NW~), Section 7, Township 118, Range 21 (Plat 62207, Parcel 6~0 -Robert L. Johnson) (3) Residue Parcel Dated this ~ day of ~/~z.~ , 197./ · / ATTEST: .... ~r~_T~e~s~er (aZ&L) -2- RESOLUTION PRESCRIBING BOUNDARIES OF ELECTION PRECINCTS AND DESIGNATING THE VOTING PLACES THERE'IN BE IT RESOLVED by the Village Council of the Village of New Hope as follows: I. Pursuant to Section 203.06 of Minnesota Statutes the following election precincts and the voting places therein are hereby established for the Village of New Hope: Election Precinct No. I - Description of precinct boundaries shall be: That part of the Village of New Hope lying south of 32nd Avenue North. Polling place shall be Sunny Hollow School, 8808 Nedicine Lake Road. Election Precinct No. 2 - Description of precinct boundaries shall be: That part of the Village of New Hope lying east of Boone Avenue and lying be- tween 42nd Avenue North and 32nd Avenue North. Polling place shall be New Hope Public Works Building, 7701 - 42nd Avenue North. Election Precinct No. 3 - Description of precinct boundariesshall be: That part of the Village of New Hope lying west of Boone Avenue and lying be- tween 42nd Avenue North and 32nd Avenue North. Polling place shall be Sonnesyn Elementary School~ 342t Boone Avenue North. Election Precinct No. 4 - Description of precinct boundaries shall be: That part of the Village of New Hope lying between 49th Avenue North and 42nd Avenue North and lying west of a line drawn on the center line of Xylon Avenue North from 42nd Avenue North to 46½ Avenue North, thence going west on the center line of 46½ Avenue North to the west line of Wright's Ist Addition, thence northerly along the said west line of Wright's Ist Addition, thence to the southwest corner of Del Heights Ist Addition, thence northerly along the west line of Del Heights 1st Addition to 47th Avenue North, thence westerly on the center line of 47th Avenue North extended to the center line of Zealand Avenue Nor?h, thence northerly on the center line of Zealand Avenue North to 49th Avenue North. Polling place shall be New Hope Elementary School, 8301 - 47th Avenue North. Election Precinct No. 5 - Description of precinct boundaries shall be: That part of the Village of New Hope lying between 49th Avenue North and 42nd Avenue North and lying east of a line drawn on the center line of Xylon Avenue North from 42nd Avenue North to 46½ Avenue North, thence going west on the center line of 46½ Avenue North to the west line of Wright's 1st Addition, thence northerly along the said west line of Wright's Ist Addition, thence to the southwest corner of Del Heights Ist Addition, thence northerly along the west line of Del Heights Ist Addition to 47th Avenue North, thence westerly on the center line of 47th Avenue North extended to the center line of Zealand Avenue North, thence northerly on the center line of Zealand Avenue North to 49th Avenue North. Polling place shall be Cooper High School, 8230 - 47th Avenue North. Election Precinct No. 6 - Description of precinct boundaries shall be: That part of the Village of New Hope lying between 49th Avenue North and the Bass Lake Road, also known as CSAH #10. Poi ling place shall be Hosterman Junior High School, 5530 Zealand Avenue North. Election Precinct No. 7 - Description of precinct boundaries shall be: That part of the Village of New Hope lying north of the Bass Lake Road, also known as CSAH #10, and west of Xylon Avenue North extended southerly to said Bass Lake Road. Polling place shal I be Meadow Lake Elementary School, 8525 62nd Avenue North. Election Precinct No. 8 - Description of precinct boundaries shall be: That part of the Village of New Hope lying north of the Bass Lake Road, also known as CSAH #10, and lying east of Xylon Avenue North extended southerly to said Bass Lake Road. Polling place shall be Winnetka Elementary School, 7940 - 55th Avenue North. 2. The Clerk-Treasurer shall post notice thereof as re- quired by law. Adopted by the Village Council of the Village of New Hope this 24th day of May, 1971. ¥or '~//CI erk-Treasurer RESOLUTION ESTABLISHING 45TH AVENUE NORTH AS A PUBLIC STREET,. PART. OF TRACT 'C,- REGISTERED LAND. SURVEY NO-. 1182. BE IT .RE.SOiLVBDi BY. THE VILLAGE COUNCIL OF THE VILLAGE OF NEW HOPE AS FOLLOWS: 1. Thee Village of New Hope is:: tke fee owner of · Tract C, Re.giste'red.-L~nd S-Ur¥.ey NO.. 1182, Files-Of tke Registrar bf Titles, He~nepin County, Minnesota.. 2. This Council ker'eby: finds, declares 'and deter- mines :that :tke' South:~ 30 feet .of the said Tract C of Registered Land Survey No.. -11~8'2.,'. Files'of Re.gistrar of Titles, H~nnepin County., Minnesota 'has been. and is 'a public street, maintained by tke Village of New Hope and the: purpose :of tkis 'ResOl.ution is. to.-formally..dedicate ~the Soutk 30 '.feet of said tract for street purposes. ~ated the: '~7~'~ day of June, 1971. At tes.t~: ' ..... May o r RES01LUTI.0N 'CONSIDERING CASE NO. '(VARIANCE lIN REAR.YARD. SETBACK) i- :BR0WN-. HJIRVEY- SAN'DEEN, .4'2ND. AVE,NUB,~' .600 FEET WEST .0~ WINNETKA AVENUE, DENYING iREQUE:ST F0R ' IrARIAN'CB BE IT RE.SOLVEDi BY: :THE ¥I'LL~GE DF NE]~ HOPE, MINNESOTA, AS FOLLOWS: 1.'. :That :this CoUncil 'has. considered numerous :reRuest's. ' for a variance 'as. to. the' ·:property: described 'in .the caption her'.e:o'f, inclUding :the'. Current ..cas e No'. :7.1,-,2'5, variance 'in rear· 'yard .se:tb:a~k'.' 2 ' This 'CoUncil has: 'had before :it th:e Petitioner's, the: findings iof the: 'Planning Commission 'from its: meeting of Ma~ 18:tk,:i !~9:7'! 'and:o:th:er. m~e'tings 'as. :to'. the Same :prope.~ty 'pre:or to. 'said date'. 'and makes' :the:, .followi:Fg findi.ngs 'of fact:. a. 'It. :is not possible'ifor the premises involved to: comp.ly with the: re·quire- : ments ~'o f .the New Hop e Iii:Il a'ge ':Or dinance' 'as :to. a tkre'e'-~acre 'minimum' for the z0ni.ng :classification of the 'Premises'.' b.' A' mistake: iof the:. ip. eti:tionerS as 'to..the' · original proposal pertaining to the' numb'er' :of square feet 'actu~l.ly 'available for the! "use: of tko petitioners 'was dis-' cOVered 'bY. th.e PetitionerS., and modifi- ca'tions 'as: :to. tkeir, original proposals. were 'Prese'nted to'. thi'sl :CoUncil. and in va.ryiFg d.egrees ,' 'appr.oYed. c. ' The: :proposed use !of :the premises has .resulted. 'in a numb'er of .requests 'for otherl varianceS,' :all iof wtiick' :have b.een ab andoned., eXc'ept .for th. el 'fo:liowf~ng: :(%) .. The: property has no access. 'to: publ'ic .sewer and petitioners" kave requested a variance for a temporary sePti'.c tank land drain fi:eld,: until Such 't'ime as public sewer is :available. ' The premis esl b ein.g approximatelY' 6 0 fe. et-from :th.~' Sewer, with. 'none of the 'inte:rYeni.ng proper:ry. 'requi:r~ lng sewer, except .as PreSe.ntly provided,, the. cost-:of, connecti.ng to' :the municipal .sewer .syst:em woluld'be ProhibitiYe. The'. Same problem exists. 'as 'to a connection to' the ipublic Water. '.supply. :.The petitioners have 'not :demons'tr.ated that :they can' meet :the'minimum requirements 'of the MinneSota .State. DePartment of Healtk 'as..to th.e; loca- tion and suitability. :of a .temporary sePti.c 'tank 'and drainl, fiel'd (2.)'~ 'By. :changing :the Propose'd plan: for tk.e ibUilding to'. allow for less re tail busines's us e' "and 'more~ .s tolr age: 'us e,' the: Pe titione rs 'have attempted to~ comply wi:tk ithe Park- ing-.re.quirements.: HoWe:Vet, it is' the :.opinion of :the .CoUncil :that the :proposal as presented, consider'- ina :th.el need for automob:ile iturning mbvements 'and firel'ane. "cl'earance .does not'--meet :.th:e necessary criteria. d, The numerous' :changes which have been · made in:th.e: propose'd use' of the pr:emises and the 'variance' 'requests. "made ".and wi:th-' drawn, .coUpled with ithe basic, initial factOr that inco'rrect :data was :supplied· to:. this :CoUncil,: have: left :this 'Conncil wi:th :many '~ecisions made on a piece- me:al 'b as is ' e. .It '.is. :the' determinati.on of :this Council :that with full" recognition o f the: 'problems or-th,e: :property. owner in adapti.ng thi's sized parcel to' the. Ordinances :of :tke Villa'ge .of .Ne~ 'Hope, :that. :further: conside ration :of th.el deVeloPment :of the Parcel" must 'be:. 'Pre/[icate:R upon an 'analysis :tke total rlevel:opmen, t 'and that future consideration :of the. de. Vel:oPment '.of this. p'arceI must: 'be based upon a presentation bY. the· Petitioners of :all :of the' pertinent data', :all' neceSsa.ry, variances,' and':all relevant site: 'data, :all' 'submitte'd..at :the same "time i.thro.ugh the': 'usual. variance pro- cedure .' 5.~ 'That :the'. variance ireque, sted in .Case No..' :7-I.-25 is hereby, denied,' and any 'and :all variances hereto.fo.re 'considered and approved in whole and in part -are: hereby rescinded :due 'to :the, :.fai:l'ure. :of tke' P. eti.tioner's 'to! Comp.ly wilth, ith,e it'e. rms upon wi/ich ithel Or.iginal. variances ~ere. granted. Date.d thi's' ,.~z- ,4a¥ of :June ~19:7!,.' ~':T-r e asure r RESOLUTION PROVIDING FOR PARTICIPATION IN HENNEPIN COUNTY MOBILE TELEPRINTER SYSTEM WHEREAS, Hennepin County is submitting an application for a Federal Grant under the Discretionary Grant Program, Title I, Omnibus Crime Control and Safe Streets Act of 1968 for upgrading the present Police and Sheriff radio communication system to include mobile teleprinter operation; and WHEREAS, the various law enforcement jurisdictions in Hennepin County wi I! be participating in the use of the pro- posed system; BE IT RESOLVED that the Village of New Hope will partici- pate in the system in accordance with the provisions contained in the Federal Grant Program and will participate in the cost sharing of the system; AND BE IT FURTHER RESOLVED that should Federal funds be reduced or eliminated it is understood that local yearly costs to each user will be increased in the same proportion as the percentage of reduction of Federal funds. Adopted by the Village Council this ~.,~,~ day of ~.~'~.~ . 197t. ~ ~x -Edwardx~/. Eri ckson ' Mayor~-/ ATTEST: RESOLUTION PROVIDING FOR PARTICIPATION IN METROPOL I TAN COIViMUN I CATI ON UPGRAD t NG PROGRAM ~/HEREAS, the Department of Public Safety, Bureau of Criminal Apprehension, is submitting an application for funding of a l~etropol i tan Commun i cation Upgrading program; and ~/HEREAS, the counties and municipal ities using the metro teletype circuits have requested the Bureau of Criminal Ap- prehension to act as grantee for this program; NO~/, THEREFORE, BE IT RESOLVED that the Bureau of Criminal Apprehension act as grantee for the Hetropolltan Communications Upgrading Program, and administer the funds in behalf of the metro circuit users and for the 12 month duration of the grant; BE IT RESOLVED that the Bureau of Criminal Apprehension, Department of Public Safety, is hereby authorized and directed to execute such an agreement as requested by the Governor's Commission on Crime Prevention and Control to Implement said grant; BE IT FURTHER RESOLVED THAT when Federal support is no longer avai labia, the participants in the Netro Con~unications Upgrading Program understand and accept the total cost of this upgraded communications system on a pro-rated basis, if the participating governmental units ,desire to stay on this system; BE IT FURTHER RESOLVED THAT the participants in the Metro Communications Upgrading Program agree to pay not tess than of the system, such actual cost to be based on total mi leage pro-rated, premise charge, channel conditioning, and hardware instal led in our department; BE IT FURTHER RESOLVED that the participants in the Hetro Communications Upgrading Program wi Ii accept monthly bi I I lng from the Bureau of Criminal Apprehension, as grantee, based on the above formula as worked out by the terminal users core- m i l-fee; BE IT FURTHER RESOLVED that the IVletro Communications Up- grading Program will make maximum use of the available terminal equipment and computer programs. This shall include responsi- bility for immediate entry, inquiry, and removal of data which law enforcement computers are prepared to accept and store. At least one terminal shall remain operational 24 hours per day, to ensure prompt response to messages directed to us. BE IT FURTHER RESOLVED that it is understood that con- tinuance of federal or state support is contingent upon compliance with this resolution and that the responsibilities shall become effective on the date of installation. BE IT FURTHER RESOLVED that the Village of New Hope, Minnesota, agrees to participate in the Metropolitan Communications Upgrading Program as described in this resolution. Adopted by the Village Council this /.~/' day of..7~ , ~/E~r~ ~l~-riCkSOn - ATTEST: iot Ci erk-Treasurer 'RESOLUTION PRO¥IDINGi .FOR .PUBLIC HEARING· ON PRO·POSED VACATION OF UTILITY AND DRAINAGE EASEMENTS AS SHOWN ANDi 'DEDICATED ON THE PLAT OF OLSON 1NDIIS'TRIAL PARK i BE IT RESOLVED bY t.ke Village iC.oUncil of the Village · of NeW HoPe, Hennepin County, MinneSota,' as ·folloWs: ~ 1. Pursuant to. Minnesota Statutes, Section .412'..8S1,..this CoUncil on its 'own motion proposes .to: V.~cate the'. uti.lit¥ and 'drainage easements herein- afte.r deSc'rib~e'd. . 2 This ·Council· sh-all meet :at .the time and .p:l.ace sp!eCified in .th.e form of not'ice 'included in. Paragraph '3 'hereof for the purpose of hOlding a pub.l'ic hearing on th.e Proposed Vacation .of the utililty, and 'drainage· easements. 'as .therei'n deSc'rib.ed. 3.. The action of .the Cler'k-~Treas'urer in causing notice ~of said meeting to .be made by two wele'ks' posted and publ'ished nbtice 'in ~the N'e~ Hope · P1ymouth~ Post-and Such fu~tk.e'r not'ice as is ~required bY SeCtion 6.43 Of th.e. Village Eode is hereby ap- proved, ··Such notice' ~be. ing SubSt'antially in the following form: NOTICE OF HEARING. ON VACATION OF .UTILITY AND DRAINAGE EASEMENTS IN oLsoN INDHSTR. IAL 'PARK AS SHOWN AND DEDICATED ON SAID PLAT. NOTICE IS HEREBY GIVEN, That the village Council of the Village ~of 'New Ho.pe, Minnesota will .mee't-~in the Council' Chamber's in the New Hope Village Hall, 440.1 Xylon Avenue North in said Village, on Mo.ndaF, the' 28th day of June, 1.971 at 7:130. o'cl.ock p. m. to. hear, consider and pass upon all written 'or oral objections, if any, to. the 'proposed vacation of .the 'following drainage and utility easements in Olson Industrial Park in said Village of New Hope, State of Minnesota: The Southerly S feet of Lot 2, Block 1, and the .Northelrly S feet of Lot 1, Block 2, all in Olson's 'Indust'rial Park, accord- lng to the duly recorded plat there of. Allp sons desiring to be he~ard in. connec- tion with theerconsider'ation' of the above-mentioned vacation of said str.eet are 'hereby requested to. be present' .at 'said .meeting to make their objections, if any, .to 'said vacation. BY ORDER OF THE VILL'AGE .COUNCIL BETTY P.OULIOT, CLERK-TREASURER .P.ub!is~e~ in th.e Ne~ HO.pe-P1Fmouth. Post on June 10.and t7,', .197'1,. - Each land all of the it'erms and 'pr. ovisions · as :st'ated in .the fore. going Notice of Hearing are hereby, adopt ed .as. the. it'e',~'ms 'and p. rovisi'ons' 'in '.a'c- .cordance wi:th iwhich :said. hearing shall :bel held. Adopted by thel 'Village EoUncil :this 14t.h' day io£ June,i 197I,. ..... ~ '~vtayor Att.es.t~:', '.~f~ . .. ~r'k~-T.r.easurer RESOLUTION REGARDING 1971 SALARY FOR VILLAGE HANN~R biHEREAS, ~ letter of employment for fhe Village Hsnager provided for a six month performance and salary reviev~, WHEREAS, such a performance and salary review has been comp I eted by the V i I I age Counc i I NO~, THEREFORE BE IT RESOLVEO, that the annual salary of the Village M~nager (effective July I, 1971) is estab- lished at $16,500. Adopted this ~ ,., day of ~v~_ on motion by Councilman ,~s~ , second by Counci Iman Voting in favor: Vot ing aget nsf: Hoti on carried. Sign · ii. yor ^11[$?: .... RESOLUTION PROVIDING FOR PUBLIC HEARING ON 'PROPOSED .STREET IMPROVEMENT NO. 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 report.ed to this Council that a street improve- ment for the village as hereinafte'r' desc'ribe'd is feasible 'and may best be made as proposed and not in conjunction with any other improvement, and that _the estimate'd cost of said improvement is $1.44,00.0.00.. 2. This Council shall meet at .the time and place specified in the form of notice included in paragraph '3 hereof for the' purpose of hOlding a public hearing on the propose'd construction of a public improvement as the'rein described. 3. The Clerk--Treasurer is authorized and directed to. cause notice of the time, place and purpose of said meeting to be puhlisked for two success lye weeks in the New Hop'e-PlYmoutk Post', being the,' official newspaper of the Village, the' fl'rst of such publications to be not less than 10 days and the Second not less'- than 3 days prior to the date of said meeting. Such 'notice shall be in substantially the f01- lowing form: NOTICE OF PUBLIC HEARING FOR PROPOSED STREET .IMPROVEMENT NO. 267 VILLAGE OF NE~ HOPE, MINNESOTA 1. Notice is herebY, given that ~tha Village Council of the Village of .New Hope, Minnesota, will meet on the'~ 26th day of July', 1971~ at ?:38 o'clock p. m. at the Village Hall',~ 44Of Xylon Avenue North in said Village for the purpose of holding a public hearing on a proposed im- provement as described her'einafter. 2. The general nature of the improvement is ~the construction of stre. et,~ curb end. gutter, and all other - appurtenant ~Orks and se~rvices 'reasonably required therefor, to se'rve~an area in th~ Village 'of NeW Hope, County. of Hennepin., State 'of Minnesota, described as follows: A. Propose'd extension of Nevada Avenue from 2%th Avenue No~th to 32nd Avenue'North. B. East half of the SoUthwest Quarter of Section 28,~ ToWnship 118, Range 21. 3. The est~imated cost of said improvement is -$~l~.,.OO.O..OO.. 4. The: area. proposed to be assessed for the' making of said impr. ove~ent 'shall include all the'Premises abUtting the str.ee't' described in paragraph. 21 , ab.ore. 5. All persons intereste~d are invit.e~d to appear at-said he~aring for tke purpose of being heard wi.tk respect to. the'making of said improvement. ~at.e~d. tk~ 12th day of July', 1971. Batty Pouliot, Clerk-Treasurer ~Publi:s.ked in tke Ne~' Hope-Plymoutk Post on July 15 and ~22., 197!~. Bach 'and all .of :the te:rms 'and 'provisions · as 'state'd in tke for~g'oing notice of hearing 'are hereby adopted as :the it'erms and p.r. ovisions in ac~ cordance wi[tk iwhich :said he'ari~ll bel held. ~ .. ~ //..f ...... '" ~/ MaYor At test":' ~~~ ~ ....... ~ /~ rk~Tr~ asure r RES;OLUTION CONSIDERING EASE NO. 71-.41, REZONING SOUTHEAST.CORNER OF HILLSB'ORO AND 36TH FgOM SR TO. LB .FOR A 'MEDICAL CLI'NIC, AND DENYING REZONING BE 1T RESOiLVBD by the Vi:ll~ge Council of the Vil'l~ge of New Hope, Minnesota. as follows:' .1. That :this 'Council has considered the' proposal of Dr. L. Saliterman for the rezoniFg of the property at the southeast .corner of Hillsb-oro Avenue and 36.th Avenue No..rth ~from SR to LB, and has considered the views 'and recommendations 'of the Planning Commission as. to the premises. 2. This Council, after due 'consideration, makes the following findings of fact: (.a.) That .the zoning ?lassification of the sUb.ject premlse's for Single- family ReSidential use is corre.ct; (5) No sub. stantial evidence was ~offer'ed of any. conditions especially af- fec.ting the' subject premises but not generally affecting the' surround- ing'neighb'o'rhoo'd; that no special conditions 'of topography or location of the subject premises eXist's :that would result' in substantial hardships to. the' p.e'titioner or owner if the present~ zoning classification is not chan. ged; (c.) That-the cost' .of development ':of the sUbject 'premises for residential use' would not be. prohibiti'~e; (d) That the petitioner has presented no substantive evidence of suhs.t'antial hardship sufficient .to justify the' exercise of the rezoning power; (e) That 'the land to th'e~we.st is zOned for Limited Business, the' same use requested, by the pet'itioner, and is vacant; (.f) That no .evidence' Was 'offered to show a' mi. st'~ke in fact in the ~original Comprekensi:ve: Zoning 'Ordinance, or ,of a sub. stantial change in the: area just.if¥ing rez'oning bf the sUbject premlse's ;' .(g.) :That :tko' :parcel of land involved appears., 'to'. be. divided bY petitioner,. witkOut approval by the. :lfil'lage: under .its' platting "ordinance, which' divi- sion, in any .event,: makes ~this request '. for rezoning premature.. 3..~'The request for re. zOning to Limited Business, des~ignated as Platting Case' No.. 7'1:-41, .is hereby denied. -Adopted. bY. the. 'Village :Council of the Village of New HoPe, Minnes. ota on this' "~ day 0f July, 197~,. The following voted in favor thereof: BoSacker~ Hokr, Johnson; and the following voted against the same: Plufka Absent: Erickson Resolution passed and adopted by majority vote on July 26~ 1971 RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN TH~ VILIAGE OF NEW HOPE, MINNESOTA PRESENT PLAT 6~ PARCEL ~ (FOR Bl~in~ ). £~r~y= P~titi~n~r ) 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 vary- ing the regulations as they'apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon specific grounds set forth in the regulations. 2. That Section 4.581 of the New Hope 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 ~ hereinafter, compliance with the platting restric- tions 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 recording of conveyances using substantially the legal description contained in the following paragraph: 4. Premises in the County of Hennepin, State of Minnesota described as follows: Parcel A: The S 185 ft of the W 183 ft of the N 469.19 ft of the SW¼ of the NW¼ except road Section 20, Town- ship ll8, Range 21 Parcel B: The North 284.19 ft of the West 183 ft of the SW¼ of the NW~ of Section 20, Township ll8, Range 21 Dated this 9 day of August ~erk-Treasurer RE S 'O;L UTI i0 N D E T E.RM I N I N Gl U S E. ' CAiTEGO.RYi UNDER ..THE:" ZONING ORDINANCE' ' BE IT .RESOLVED bY. the Viii'age Eo'uncil of t.he Viii.age '.of New` Hope 'as foll'oWsi:' 1..'.The p. remi'se's. 'in. :the Vil'lage 'of NeW' Hope,'. Minnesota bounded by: .42nd Avenue 'No.rth',' X¥1on Avenue North,, :45'.th 'Avenue 'North'. :and Winnetka Avenue Nortk' have.:heret:ofore, ibe.en designated .as a.-Ret'ail 'Business' zo.ne, suited for shopping .center use, and a substantial porti'.on of this tract '.o~ laud'has been so' developed; 2. The developer of the balance 'of the Property. is proposing a 12 to.-15 acre development .for a K-Mart department--.and discount .store, and a-porti.on of its. 'opera- tion wo:iuld inclUde the 'sale of ti:res ,' batt. e.ries 'and cessories (TBA) . 3. 'A permitted ret'ail 'shopping use. under 4.~21 (4.'3.) of the Vil'lage Code 'includes auto accessories. 4. This Council has been informed' by-:the developer and relies upon these' representa.ti'ons,' .that a K-Mart develoPment such as propose'd is not, in its TBA operati:on .to'. sell 'any. gaso'line, do any bOdy .wOrk, and does .not '.do any major repairs 'or engine Work. All of the service render'ed 'in connection With 'the sale of auto acces, s~ories is 'done on automobiles encl'osed wilthin th'el 'bays inside the' main bUilding and all is incidenta.1 to:'retailvsale of automobile accessories 'such as ti_res, b. att'eries, sparkplugs,' points'., brakes 'and otke'r auto'.~ motive accessories. Incidental to'.the sale of 'such 'iac- cessories, the 'K~M:art .operation puts the' tires. 'onto tke cars, does' :tune-ups in conjunction ~ith sale of spark- plugs and points', and changes, the oil; 'front 'en.ds -are aligned and shOck abSo:rbe~s purchased at :the K-Mart re'iail es.tab 1 ishme, n.t 'are ins t'a-1 led. 5. 'The: 'office of--.the Village Att'.o'.rney, in a 1. et_t'er, dated July 9th, 1971,, has given this 'Council an opinion that under' the 'particul'ar facts he. rein, inst'alla- tions ,of TBA ,items would' be included eitker inci.'de.~ta'l~ 'use' .to'. reg'.ailing iof "auto 'accesls-o'ries'''~, "de'P.artm.ent :s fore !", .or: unhe r 'the. Umbrel:la t er'm "'ret~ai 1 shopping use'."' -. 6. 'Pursuant '.to' Se. ct'ion, 4..:30..of tkel Village COde,' thi's CoUncil~. hereby finds 'and der.ermines', t'ka't propose'd TBA portion of ~tke'~ K-Mart. 'operation,~ .as. ~de-. fined., iqualifies: 'as 'a permitted use: 'Under'. the' 'ZoniFg · 0rdingnca !of ~th.el. Vill'~age of'Ne'.w' Hope. RESOLUTIO~ APPO]NT~G ELECTI~ JUDG~ FOR PRIt~ARY AND REGULAR VILLAGE 2~.~.CTI~ 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 Primary and Regular Village Election to be held in the Village of New Hope on Tuesday, September 1~, 1971 and on Tuesday, November 2, 1971. The judges appointed, the chair~_~u of the election board of each precinct designated and precinct and voting places wherein they sh~l_l~ serve and the hours of polling are as follows: A. First Precinct - Sunny Hollow School 8808 Medicine Lake Road To serve from 7:00 o,clock a.m. to 8:00 p.m. and to completion. Mrs. Lorraine Olausen - 9009 - 30th Avenue North Mrs. Marcia Hinitz - 2880 Valle Vista Mrs. Barbara Battina - 2832 Lamphere Drive -Chain Mrs. Isabel Wolf - 312& Ensign Avenue North Mrs. Jo Smothers - 3106 Boone Avenue North B. Second Precinct - New Hope Public Works Building 7701 - ~2nd Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Nary Adams - 3657 Maryland Avenue North - Chairman Mrs. Rita Hughes - 8501 - 3~ Circle North Mrs. Lee (H. H. )Humphrey- 8116- ~Oth Avenue North Mrs. Jeri Sueker - 392~ Xylon Avenue North Mrs. Wanda Sandberg - 3513 Aquila Avenue North C. Third Precinct - Sonnesyn Elementary School 3421 Boone Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Lois Berg - ~.157 Ensign Avenue North Mrs. Ginnie Erhard - 4140 Flag Avenue North Mrs. Barbara Neary - 3664 Ensign Avenue North - Chairman Mrs. Sue Kranz - 3601 Gettysburg Avenue North Mrs. Barbara Raetzman - 9208 - 32nd Avenue North D. Fourth Precinct - New Hope Elementary School 8301 - &Tth Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Patricia Olson - 4313 Zealand Avenue North 1/rs. Bertha Lunzer - ~225 Decatur Avenue North Mrs. Charlotte Bates, 9300 - 46th Avenue North - Chairman Mrs. Loretta Quick - 4750 Decatur Avenue North Mrs. Marianne Wasnick - 9029 - 46th Avenue North E. Fifth Precinct - Cooper High School 8230 - 47th Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Barbara Wagner - 76~1 - ~gth Avenue North Mrs. Pat Hannay - 7709 - 45~ Avenue North Mrs. Darlene Shelton - 8139 - ~Tth Avenue North - Chairman Mrs. Charlene Flemming - 7733 - ~6th Avenue North Mrs. Joyce Johnson - ~657 Nevada Avenue North F. ~ixth Precinct - Hosterman Junior High School 5530 Zealand Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to eompletion. Mrs. Dorothy Carpenter - ~9~9 Virginia Avenue North Mrs. Virginia Mack - 5~20 Wisconsin Avenue North Mrs. Sharon Reckin - 7806 - 53rd Avenue North Mrs. Joan Demueles - 4964 Xylon Avenue North - Chairman Mrs. Karol Dooley - 5425 Rhode Island Avenue North G. Seventh Precinct - Meadow Lake Elementary School 8525 - 62nd Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Marcy Loushin - 8801 - 61st Avenue North - Chairman Mrs. Endrene Crampton - 8920 - 61st Avenue North Mrs. Karen Klemond - 5965 Decatur Avenue North Mrs. Gerry Rehnke - 8810 - 6Otb Avenue North Mrs. Nancy Christensen - 5857 Boone Avenue North Eighth Precinct - Winnetka Elementary School 79~0 - 55th Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Jean Pedersen - 7961 - 59th Avenue North - Chairman Mrs. Irene Baker - 8020 - 60th Avenue North Mrs. Nickey Connolly - 7930 - 6Otb Avenue North Mrs. Ruth Si~,vertson - 59~1 Virginia Avenue North Hrs. Dorothy Rudolph - 5930 Wisconsin Circle North Adopted by the Council this ,,~,~ day of ~/~ ~- .._._~: , 1971. j~ ~yor Attest: (~~~ -~~[--~:,. , ~ Clerk'Treasurer 7~ RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STRk-~,T IMPROVEMENT NO. 212 WHEREAS, this Co.uncil did, on April 13, 1970, after hearing upon notice published and mailed as required by law, order the construction of Street Improvement No. 2/2, and WHEEEAS' the Village did, on the 23rd day of March, 1970, enter into a joint power agreement with the City of Crystal, which agreement pertained to the aforementioned street improvement, and NHEEEAS, the Council did, on April 13, 1970, award the contract for said improvement, and WHEREAS, the total estimated cost to the Village of New Hope is the sum of $70,950.~6 WHEREAS, of this cost, the Village will pay as its share the sum of $32,800.55: 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 estimated cost of Street Improvement No. 212 to the Village of New Hope and the. amount to be assessed is as hereinafter set forth: Tot al Cost $70,950. ~6 · Amount to be assessed $38,149.91~- 2). The Village Clerk-Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the entire amount to be assessed against every assessable lot, piece or parcel benefitted by the making of said improvement, in accordance with provisions of Minnesota statutes. Dated this 9th day of August, 1971. ATTEST: RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT NO. 261 WHEEEAS, this Council did, on September 28, 1970, after hearing upon notice published and mailed as required by law, order the construction of Storm Sewer Improvement No. 261, and WHEREAS, this Council did, on September 28, 1970, award the contract for said improvement, and WHEREAS, the total estimated cost of said construction and other appurtenant works is the sum of $ 21, O80.~9 and WHEREAS, of this cost the Village will pay as its share the sum of $ 6,32~.15 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 estimated cost of Storm Sewer Impr~vement No. 261 and the amount to be assessed is as hereinafter set forth: Total Cost $ 21,080.~9 Amount to be assessed $14,756.3~ 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 provisons of Minnesota statutes. Dated this 9th day of August ~ , 1971. Attest: ~age ClerkLTreasurer RESOLUTION DETERMINING TOTAL ESTIMATED COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STORM SEWER I~ROVH~NT NO. 263 WHEREAS, this Council did, on January ll, 1971, after hearing upon notice published and mailed as required by law, order the construction of Storm Sewer Improvement No. 263, and WHEREAS, the Village did, on the 25th day of January, 1971, enter into a "Construction Cooperative Agreement" with the County of Hennepin, which agreement pertained to the aforementioned storm sewer improvement, and ~HEREAS, the contract for said improvement has been let, and WHERF~S, the total estimated cost to the Village of New Hope is the sum of $_ &9.105.91 , and '~REAS, of this cost, the Village will pay as its share the sum of $ .7 1.77 ...... N~'~ THEREFORE BE IT RESOLVED by the Council of the ¥illage of New Hope as follows: 1). It is hereby found and determined that the total estimated cost of Storm Sewer Improvement No. 263 to the Village of New Hope and the amount to be assessed is as hereinafter set forth: Total Cost $ &9,105.91 Amount to be assessed 2). The Village ~Clerk-Treasurer, with such engineering and legal assistance as shall be required, shall forthwith tabulate the entire amount to be assessed against every assessable lot, piece or parcel benefitted by the making of said improvement, in accordance with provisions of Minnesota statutes. Dated this 9th day of August. ..... , 1971. · ':' j× Mayor Attest: ~i~a~e/Clerk'TreasUr er 30. A ~ION OPP~ING THE I/ETHOD5 OF ALLOCATION FROP~,D Bt-THE ~,~ BO~D 1'~, the 14etropelitan ~er Board has prepared a proposed bl~t~et for its operations and capital expenditures for the year a~d~ ~IHI!IRE~, representatives of the Village of New Hope have met ~rlth officials of the ~etropolit~n S~,~er Board for the purpose of said proposed budget and, ¥I~REAS, it is proposed that the costs of the operation of said Ymtropolitan ~er Board be allocated in a mariner st~ni~icantly and ~st~t~y different from ~ethods of cost allocations previously used and, !'I~F~, ~uch proposed methods of co~t allocation ~ould be unfair, inequi~able and injurious to the ViLlage of Ne~ Hope for the reasons set out belo~, T~E V~ OF ~'I HOPE ~ 1. The Vt~l~e of ~e~ Hope strenuously p~es~s and objects to the propos~ by the ~ropelitan Se~er Board to allocate costs of operations and c~pttal expenditure~ in accordan~'~ith its recommendation to the ~etropolitan Council. ~. Said objection is based upon the oonaiderations: a. S?.:h proposal~ and me%hoda tend to equalize the costs of the [,~tropolitan Se~er Board among all municipalities in the area ~.~thout regard to such items as volume of set, age discharged, capacity reserved for future use, credits for local systems and other considera- tions set out in ~nnesota Statutes ~73 C 0~. b. Such methods of allocation penalize communities ~-~ho have been aggressive in solving their sm.~age problems and re~.rard communities ;-rhich have not undertaken significant sevrage disposal programs. Co Such methods of allocation tend to encourage %h~ speculative development of land throughout the metropolitan area in t~0.~~t communities not presently served by or planning for se~.~age systems could, urger such methods, be assured of utility services at-pro- portionately little or no cost to themselves. d. Such methods of allocation tend to disregard internaS costs of individual municipalities already heavily burdened ~th providing adequate internal s~lage disposal and ~-~.ater systems to their citizens° e° Such methods of allocation, including proposals for handling and allocating deferred charges, constitute a breach of faith ~th those communities ~.~hi~h have built and are building municipal se~-rage systems in reliance upon methods of allocation heretofore used. f. Such methods of allocation and attempted equalization have the effect of totally removing local decision making and local initiative from elective to appoin- tive officials and remove the control of local $overnmental costs and expenses from the people who- p?y the bills. 3. The Village of ~.l Hope hereby expresses its great concer~ ~ver the amount and extent of the total proposed budget of the ~tropelitan Se~er Boerd, over the scope and content of the Board programs and the ability of the Board to efficiently end effectively manage such far reaching programs given the limited resources of the citizens ~.~thin the Metropolitan Se~er Board area. ~. The Village Manager is ~ected to furnish copies of this resolution to the Metropolitan Se~er Board, to the Nennepin County League of ~.Rmicipalities, to the Metropolitan Council, and to such other persons as he mey deem appropriate. Adopted by the Village Council of the Village of Ne~ Hope this ~ Attest, ~ STATE OF 1.IINNESOTA ) co~ oF EmmE~'n~ ~ V~.;~ OF ~'~ I, %~ ~ders~ed~ be~ the d~ q~ied ~d a~ Vi~e Clerk-~ea~er of the Vi~e of Ne;,~ ~, ~es~a, ~reby c~ t~t ~ ~ve c~e~y co~ed the attach~ ~u~es of a re~ ~eti~ of the ViSage Co~cil of s~ ~e he~ ~ ~~ ~ /,~y,/, , 1971, ~.~th the or~ t~eof on ~e ~ ~ off~ce ~d~the s~e is a ~]~, t~e ~ co~ete tr~s~i~ therefrom ~sof~ as the s~ relates to o~s~ the ~t~s of co~ ~cation ~o~s~ by the ~tro~t~ 1'I~ ~ ~d offici~ly as such Vitae Cl~k-~eas~er the cor~rate se~ of the Vitae t~s ~ day of /~% ~. ~ , RESOLUTION PROVIDING FOR HEARING ON ASSESS- MENTS FOR STREET IMPROVEMENT NO. 212, STORM SEWER IMPROVEMENT NO. 263, ASSESSMENTS FOR DELINQUENT SEWER AND WATER CHARGES, CONNECTION CHARGES, INVOLUNTARY SEWER AND WATER CONNECTION CHARGES, CONNECTION CHARGE INSTALLMENTS, AND WEED CUTTING CHARGES BE IT RESOLVED by the Council of the Vill.age of New Hope, Minnesota, as follows: 1. The assessment rolls heretofor 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 assessment for said improvement and this Council shall meet at the time and place indicated in the notice attached hereto for the purpose of passing upon said assessments and hearing all objections thereto. 2. The 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 munici- pality, at least two weeks before the date of said meeting, which notice shall be in substantially the following form: 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. ~]~Clerk-Treasurer Councilman ~ Bosacker intr.oduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,!55,000 IMPROVEMENT BONDS OF 1971 BE IT RESOLVED by the ~illage Council of the Village of New Hope, Minnesota, as follows: 1. It is hereby found and determined that the Council has duly ordered and contracted for the construction of the local improvements described below, as required by Minnesota Statutes, Chapter 429, and that the estimate~d cost of constructing each im- provement is the amount shown opposite the designation of such improvement, as follows: Designation of Date Estimated Improvement Ordered Cost No. 261 $21,000 No. 263 49,000 No. 212 5,000 Total $75,000 It is accordingly deemed necessary that the Village issue and offer at public sale 1575,000 improvement bonds, in accordance with Minnesota Statutes, Section 429..091, Subdivision 3. 2. It is hereby found and determined that it is necessary and expedient to issue and offer at pubIic sale $!,06~0,000 improve- ment bonds of the ~illage, for the purpose of paying and refunding at maturity $438,000 principal amount of RefUnding Temporary Im- provemant Bonds of 1958 of the Village dated October 1, 1968, and $622,000 Temporary Improvement Bonds of 1968 of the Village dated December 1, 1958, in accordance with Minnesota Statute's, Section 429o091, Subdivision 3, which principal amounts cannot be paid out of assessments and taxes 'levied for payment thereof, or out of any other fund of the Village, all pursuant to authority conferred by Minnesota Statutes, Section 429.091, Subdivision 3. 3. The bonds determined to be issued in paragraphs 1 and 2 above shall be combined as a single issue of $1,155,000 Improve- ment Bonds of 1971, which amount includes $20,000 of bonds repre- senting interest, as authorized by Minnesota Statute~s, Section 475.56. -1- 4 The bonds shall be sold and issued on the terms and conditions ~set forth in the ~official notice of sale iwhich 'follows; however, the published notice required by law shall be given by means of an abbr~e~iated notice.of sale ' The official notice of sale shall read as fol!owa:· -2-¸ NOTICE OF SALE $1,155,000 IMPROVEMENT BONDS OF 1971 VILLAGE OF NEW HOPE HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $1,155,000 Improvement Bonds of 1971 of the Village of New Hope, Minnesota, will be received in the Village Hall in said Village, on Thursday, the 9th day of September, 1971, up to 2:00 P.M., C.D.S.T., at which time they will be opened and tabulated. The Village Coun- cil will meet at 5:00 P.M. on the same day to consider the bids received and award sale of the bonds. The bonds are to be issued pursuant to Minnesota Statutes, Section 429.091, Subdivision 3, for the purpose of financing the cost of local improvements for said Village, and for the purpose of redeeming and paying at maturity certain temporary improvement bonds issued in 1968. The bonds will be dated October l, 1971, will be issued in the denomination of $5,000 unless another denomination is specified by the purchaser within 48 hours after award of sale and will bear interest at a rate or rates to be designated by the purchaser in multiples of 1/20 of 1% per annum. Interest will be payable on each January I and July l, commencing on July l, 1972. The bonds will mature on January i in ~he years and amounts as follows: Year Amount Year Amount Year Amount 1973 $75,000 1979 $75,000 1985 $50,000 1974 75,000 1980 75,000 1986 50,000 1975 75,000 1981 75,000 1987 50,000 1976 75,000 1982 75,000 1988 50,000 1977 75,000 1983 75,000 1989 30,000 1978 75,000 1984 75,000 1990 25~000 The bonds maturing in 1984 and later years will each be subject to redemption at the option of the Village'in inverse order.of serial numbers on January 1, 1983, and any interest payment date thereafter~ at par and accrued interest. Principal and interest will be payable at a suitable bank to be designated by the purchaser and approved by the Village. The paying agent bank must be specified bY the pur- chaser within 48 hours after award of sale. The Village will furnish without cost to the purchaser the printed and executed bonds and the approving legal opinion ofM~ssrs. Dorsey, Marquart, Windhorst, West & Halladay, of Minneapolis, MinneSota. Delivery will be made within 40 days after said date of sale a~t~the office of the purchaser or, s' his option, the bonds will be deP6Sited with a bank in the United States selected by him and approved~.by the. Village as its agent to per, nit examination by and to delive~o the purchaser the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner question- ing their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser, but all other costs will be paid by the Village. The purchase price must be paid upon de' livery, or within five days after deposit with the delivery agent in funds available for expenditure by the Village on the day of payment. Sealed bids marked "Bid for $1,155,000 Improvement Bonds of 19?lv' may be mailed or delivered to the undersigned Village Clerk, and must be received prior to the time of said meeting. Each bid must be unconditional except as to legality, in which respect bids may be conditioned upon the opinion of the above attorneys, and must be accompanied by a cashier's or certified check in the amount of $23,100~ pay~bl~ to th~. Village Treasurer, to be retained BY the Village as liquidated damages if the bid is accepted and the bidder fails to comply therewith. No more than l0 rates of interest may be specified for the issue, and all bonds maturing on the same date shall bear interest at the same rate. The rate borne by any bond may not be lower than the rate borne by any earlier-maturing bond. No bid of less than $1,135,000 and accrued interest will be considered. Bids will be compared on the basis of the lowest net interest cost from October l, 19?l, to maturity, less the amount by which the purchase price exceeds $1,155,000, or plus the amount by which it is less than $1,155,000. No oral bids will be considered. The Council reserves the right to reject any and all bids and to waive any informality in any bid. Dated August 23, 1971. BY ORDER OF THE VILLAGE COUNCIL Betty Pouliot, Village Clerk New Hope, Minnesota The motion for ~the .adoption of the foragoing resolution Councilman was duly seconded bY ~J~ Plu£ka , and upon vota being taken thereon, the following voted in favor thereof: Bosacker, Erickson, Hokr~ Johnson, Plufka. and th® following voted against ~the isame: None. w~ereupon said resolution was declared duly passed and adopted. Mayor ATTEST: Village ~Clerk-Treasurer -5- Following consideration of said bids, Councilman Hokr intr~oduced the foil·owing resolution and moved its adoption: RESOLUTION 'AWARDING SALE· OF $1,1·55,000· IMPROVEMENT BONDS OF 1971 BE IT RESOLVEDi by the Village Council of the Village of Ne~ Hope, Minnesota, that ·the· highes·t and best bid for the purchase of $1,·155,000 .Improvement Bonds of 19·71 of the Village, dated October· 1, 19·71, received pursuant ·to public advertisement for bids is that of The First National Bank of St. Paul , 0f St. Paul. , Minnesota · and associates, said bid stating a price ·of $ 1,143,565.50 and accrued interest for bonds to be issued in accordance with the pub- lished notice of sale and to bear inter.est at the following rates per' annum: MatUrit'y Years Int~er'e~s't~ Rate 1973/1977 4.25% 1978/1979 4.50% 1980/1981 4.70% 1982/1983 4.90% 1984 5.00% 1985 5.10% 1986 5.20% 1987 5.30% 1988 5.40% 1989/1990 5950%17 ~.'2~~ Said bid is hereby accePted, and said bonds ~are hereby declared to be awarded to said bidder. The Mayor and CIerk are hereby author- ized to eXecute the icont~act for sale of said bonds to said bidder in behalf of the Villa·ge, and the good faith check ~of said bidder shall beheld by the·Villa·ge ·pending delivery of and payment ·for the bonds The good faith ·checks of the other bidders shall be returned to them by the ·Clerk. The' motion for the adoption of the foregoing resolution was duly seconded by Councilman Johnson , and on roll call there were 4 AYES and 0 NAYS, as followS: ~ -~-?~ i~ ~·~! .~.~. AYE- Edward Erickson, Merle L. Johnson, L. W. Hokr, Richard Plufka NAY: none whlereupon said resolution was declared duly passed and adopted. -2- for the receipt ~~ening of sealed bids for t~~'of $1,155 ,~00 Ira_prey[ _ment~~~71~ ~.i~,~~~~ furni shed affidavits of__p~blication offals in the Commercial West a~d the NeW HoP~Post'.. Said ~s~ were approved and ordere~~~¢~~ o~f~C~ ~ ~h'e Village Cler~~ ~erk then stated that four sealed bids had b$~ ~~ 777~''~'~ .~ ~ ~. ~ .~_~ ..... ~.~.... .. ~. :-~: ~ ~,..., ,..~ ~ ~. ~.~, ~ :~~ ~,~' ? follows: Bidder or Interest . Bidding Account Manager Ra'~tes Premium see next page -1- ~s ~ECE~VED AT. SALE .. SE..FTE~MDE.R 9,_.19~!_ ~ RE: $1,155,000 IMPROVEMENT BONDS OF 1971 VILLAGE OF _NI~.W HopE, MI~SOTA ....... NET INTEREST . DDERS ADDRESS~ RAT.E PRICE. ~COST. & RATE_ THE FIRST NATIONAL 1973/??-4.25% $1,143,565.50 $504,112.62 BAI~ OF SAINT PAUL St. Paul 1978/79-4. $0~ 5.0417% First National Bank of 1980/81-4. ?0% Minneapolis M~nneapolis 1982/83-4.90% 1984 -5. OO% 1985 -5.10% 1986 -5.2O% 1987 -5.3O% 1988 -5.40% 1989/90-5. §0% JI/RAN & MOODY St. Paul 1973/75-3.90% $1,139,$92.30 $517,356.45 Allison-Williams Co. Minneapolis 1976/77-4.20% 5.1742% ~ ~-.::~ .... ~lraan & ~uail Minneapolis 1978/79-4.60% I~per, Jaffray & Hopwood Minneapolis 1980/81-4. 80% E. J. Prescott & Co. Milmeapolis 1982/83-5.00% American Natl. Bk. & Trust St. Paul 1984 -5.10% Paine, Webber, Jackson & Curtis Minneapolis 1985 -5.25% 1986 -5.40% 1987 -5.50% 1988/90-5.60% NORTHWESTERN NATL. BK. Minneapolis 1973/75-4.00% $1,142,930.25 $530,797.88 Miller & Schroeder, Inc. Minneapolis 1976/78-4.50% 5.3086% Robert S.C. Peterson Minneapolis 19?9/81-5.00% Reynolds & Co. New York 1982/83-5.20% 1984 -5. 30% 1985 -5.40% 1986 -5.50% 1987 -5.60% 1988 -5. ?0% 1989/90-5.75% MATTHEWS & VSRIGHT New York 1973/75-4.00% $I, 140,316, 00 $557,546.50 1976/77-4.50% 5.5?6% 1978/80-5.00% 1981 -5.20% 1982 -5.40% 1983 -5.50% 1984 -5.70% 1985 -5.80% 1986/87-5.90% 1988/90-6.00% Councilman Plufka then introduced the follow- ing resolution and moved its adoption: ~RESOLUTION AUTHORIZING AND ESTABLISHING THE FORM AND DETAILS OF $1,!55,000 IMPROVEMENT BONDS OF 1971, 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 1971," 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 St. Paul , of St. Paul , Minnesota , as the successful bidder th~erefor, in accordance with the official advertisement for bids hereto~fore published and the bid of said bidder accep.ted by this Council. Said bonds shall be dated as of October 1~ 1971, shall be 231 in number and numbered serially from 1 to 231, inclusive, each in the denomination of $5,000, and shall mature ser'ially on January 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: Ye ar Amount Rat e Year Amount Rat e 1973 $75,000 4.25% 1982 $75,000 4.90?0 1974 75,000 4.25% 1983 75,000 4.90% 1975 75,000 4.25% 1984 75,000 5.00% 1976 75,000 4.25?0 1985 50,000 5.10% 1977 75,000 4.25?0 1986 50,000 5.20?0 1978 75,000 4.50?0 1987 50,000 5.30?0 1979 75,000 4.50% 1988. 50,000 5.40% 1980 75,000 4.70% 1989 30,000 5.50% !981 75,000 4.70% 199.0 25,000 5.50% Interest shall be payable on each January 1 and July 1, commencing on July 1, 1972. Bonds of said issue maturing in the years 1984 and later years shall each be sub.ject to redemption and prepayment, at the option of the Village, on January 1, 1983, 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 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 new. s 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 effec- tive without mailing. The principal of and interest on said bonds -3- shall be payable at The First National Bank of St. Paul ~ in St. Paul Minnesota , and the lfillage ihereby, agrees to. pay .the ireasonable and customary charges of said paying agent fox the receipt and dis- bursement thereof. 2. Said bonds and the inte~rest coupons ap.purtenant ~thereto shall be in substantially the following form: -4- UNITED STATES OF AMERICA STATE OF MINNESOTA COHNTY 0F HENNEPiN VILLAGE 0F NEW HOPE IMPROVEMENT BOND OF 1971 NO. $5,000. KNOW ALL MEN .BY THESE PRESENTS that ~thel Village of Ne~ Hope, Hennepin County, Minnesota, acknowledges itse'lf to be indebt- ed and for value 'received promise's to pay to be'arer the .sum of THOUSAND DOLLKRS on the ls't day of January, 19 , or, if this bond is redeemable as ~st'ate~d below, on a date prior thereto on which it shall have been duly called for redemption, and to pay interest thereon at the' rata 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- abl'e on each January 1 and July 1, commencing on July 1, 1972, and interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto. Bo.th principal and interest are payable at , in , , in any coin or currency of the United State. s of America which on the respect±~e date.s of payment is legal tender for pubIic 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 unIimitad taxing powers of said Village have been and are hereby irreVocablly pledged. This bond is one of an issue in the aggregate principal amount of $1,!55,000,~ all of like date and tenor except as to se'rial 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 improvement bonds issued in 196~, and is is.sued pursuant to and in full conform- ity wi'th the' Constitution and laws of the State of Minnesota there- unto ~nabling. This bo.nd is payable primarily from the Improvement Bond Redemption Fund of the Village,[ but the Council is required by law ito pay maturing principal thereof and interest thereon out of any .funds in the treasury if money.s on hand in said special fund are insufficient themefor. Bonds of this issue maturing in 1983 and earlier, years are payable on their respective stated maturity dates, without option of prior payment. Bonds of this issue maturing in 1984 and later years are each sUbject to~ redemption and prepayment, at the option of the' Village in inverse order of serial numb'ers, on January .1, 1983, and any interest payment .date' there'after, 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. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the ~Constitution and laws' of the State of Minneslota to~ be done, to exist, to happen and to~ be performed precedent to and in the issuance of this bond in order to make it a valid and binding general obligation of said Village according to its terms have been done, do exist, have hap- pened 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 re- quired and in amounts sufficient, with the estimated coll'ections 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 inte~rest respectiv- ely become due, and additional taxes, if needed for said purpose,. may be levied upon all~ taxabIe 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 Ho.pe, Hennepin County, Minnesota, by its Village iCouncil, has cause'd this bond to be execute'd in its behalf by a printed facsimile of the signature of its Mayor and the manual si'gnature of the Village Manager, and by a facsimile of the official corporate seal printed hereon, and has 'cause'd the interest coupons appurtenant heret.o· and the certifi- cate on the reverse side hereof to be executed and authenticated by the facsimile signatures of said officers, all as of October 1, 1971. · · ' ' ~' ' ~ ~.~ ~. ~ . (Facs±mile signature) VillageManager Mayor -6- (F~orm of Coupon) No. $ On the 1st day of July (January), 19 , unless the bond desc~ribed below is subject to and has been duly call'e~d for earlier redemption, the Village of NeW Hope, Hennepin County, Minnesota, will pay to bearer at , in , , the sum shown hereon in lawflul money of the United States of America for inter.est ~then due on its Improvement Bond of 1971, dated October 1, 1971, No. · (F.acsimile~ signature) (F.acsimile si'gnature) Village Managerl Mayor (Form of certificate to be printed .following the legal opinion on the back of each bond) We certify that ~the abo.ve is a full, true and correct copy of the' legal opinion rendered by..band counse'l on the issue of bands of the Village of New Hope, Minnesota, which inclUdes the withi~n bond, dated as of the date of delivery of and payment for the b Onds. (F~acsimi!e signature) (Facsimile signature) Village Manager Mayor -7' 3. Said bonds shall be iforthwith prepared for eXecution under the direction of the Village Clerk, and shall then be iexecuted by a printed facsimile of the 'signature of the Mayor and the manual signature iof the Village Manager and by a printed facsimile of the corporate seal 'of the Village, and the appurtenant interest cou- pons · and the certificate as to legal opinion on the back of each' bond shall be executed and authenticated by the printed, lith0graphed or engraved facsimile signatures of said Mayor and Village Manager. When so executed, the bonds shall b® delivered by the Treasurer to the purchaser thereof, upon payment of the purchase price heretofore agreed upon, and said purchaser shall not ~be obIigated to see to the application of the Purchase price. Said purchlase price shall, however, be applied as follows: To the funds of the ~improvements referred to in paragraph 1 $ 75,000.00 · To the redemption of $670,000 . Refunding Temporary Improvement Bonds of 1968, dated October 1, 1968 438,000.00 To the redemption of $930,000 .Tempor- ary Improvement iBonds of 196.8, dated December 1, 1968 622,'000~.00 Ail bond proceeds in excess of $1,%35,000 .received upon delivery from the purchaser shall be credited to the Improvement Bond Eedemp- t ion Fund. 4. The full faith and credit of the lfi!lage 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 in the amounts shown bellow, payable in the number of annual installments bellow set forth, and the first installment being collectibIe in the years as follows, and that the 'uncollected principal amount thereof is in the respective iamounts shown below: No. of Year of Amount Amount Install- Collecting Ass'es~sed Hncollected ments Fi'rst~ Znst. Improvement s originally financed by $998,000 ~Tempor- ary Improvement Bonds of 1965, Third Series, dated December 1, 1965: Sanitary Sewer Improvement No. 153 Included in No. 150-A --8-- No. of Year of Amount Amount ~nstall- Co'll'ec ting As s~esS ed~ Unco'i'Ie ct'ed ~'e:nt'sl 'Firs't' Ins t. Water Improvement No. 154 Included in No. 150A Sanitary Sewer Improvement . No. 159 Included in No. 160 Wat er Improvement No. 148 Included in No. 150A Lateral Sanitary SeWer Improvement NO. 149 Included in No. 150A Water Improvement NO. 150 , Included in No. 150A Sew.er and Water Improvement NO. 150A $131,930 $ 70,589 20 1967 Street and Storm Sewer Improvement No. 144 442,591 266,059 15 1967 Street ImproVement · No. 151 Included in No. 144 Street Improvement No. 152 . Included in NOo 144 Storm Sewer' Improve-i merit No. 88 13,221 9,411 15 1967 Water Improvement No. 160 65,788 37,083 20 1967 Sanitary SeWer Improvement No'. 155 58,978 29,697 20 1967 Improvements financed by $930,00.0 Tempor- ary Improvement Bonds of 1968, dated December 1, 1968: Street and Storm Sew.er Improvement No. 144 See No. 144 above (portion only) No.. of Year of Amount Amount Inst'all- Collecting ~sls~e~s's',e'd~ . UnCoIIec't ed m'e~tsl. ~ Firs't' Inst. Street :Improvement NO. 156 (portion onlY) $ 4,843 $ 3,543 15 1968 Storm Sewer Improvement No. 174A (Portion only) 52,089 39,085 15 1968 St feet Improvement No. 178A (Portion only) 63,350 34,072 15 1968 St re et Impr o veme nt No. 186 (portion only) 85,409 48,168 15 1968 Street and Storm SeWer Improvement No. 192B 112,302 66,465 15 1969 (portion only) Street and Storm Sewer Improvement' No. 189 17,708 9,724 15 1969 Street Improvement NO. 196 4,629 3,703 10 1969 Sewer and Water Improvement No. 201 68,440 15,356 20 1969 Storm Sewer Improve. ment No. 205A 7,499 6,522 15 1970 Sanita.ry Sewer and Water Improvement No. 210A 147,879 87,162 20 1970 Sidewalk Improvement Mo. 211 145,277 ...... 81,881 15 1970 Street and Storm Sewer Improvement ~ ~o. 213A 92,708 ~ 43,965 15 1970 Storm Sewer Improve, ment No. 218 9,006 ~ 4,719 10 1970 Street and Storm SeWer' Improvement NO. 219 60,486 37,690 15 1970 No. of Year of Amount Amount Install- C011e c.ting AsSe'sSed ~ Uncoli-Ie ct e.d ments: Fir'st Znst. Improvement s originally' financed bY the b Onds · herein authorized: Improvement No. 212 $ 5,349 $ 5,349 15 1972 Improvement No. 261 14,800 14,800 10 1973 Improvement No. 263 49,106 49,106 10 1972 Interest on deferred installments of said special assessments is or shall be payable at the' rate of 8.00 % pe~ annum, the first install- ment to include interest from the date of the resolution levying the assessment to December 31 of the Year in which such installment is payable, and each subsequent installment includes ~or shall include interest for one .year on the then unpaid balance of the asses'sments. For the purpose of producing the iadditional sums required by said ordinance for the payment of princiPal and interest on said bonds and upon all other bonds payable from the Improvement Bond Redemp- tion 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 roils of the following years, in the respective amounts set opposite said years, and colleclted in the respective ensuing years: Year Amount Year 'Amount 1971 $12,000 1980 $12,000 1972 12,000 1981 12,000 1973 12,000 1982 12,000 1974 12,000 1983 12,000 1975 12,000 1984 12,000 1976 12,000 1985 12,000 1977 12,000 1986 12,000 1978 12,000 1987 12,000 1979 1~,000 1988 12,000 Said levy .shall be irrePealabIe except as provided in said Ordinance NO. 57-20. -11- 5. The Clerk is hereby .directed to file a certified copy of this 'resolution with the C~unty Auditor of Hennepin County and to obtain said Audito~r's certificate in accordance With said ordinance; and the officers of the' Village and County are hereby authorized 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 pro- ceedings of the Village irela'ting to the issuance of said bonds, and certificates and affidavits as to all 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 any heretofore furnished, shall be deemed recitals of the Village of New Hope as to the correctness of all statements contgined therein. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Hokr , and on roll call, there were 4 AYES and 0 NAYS, as follows: AYE: Edward Erickson, Merle L. Johnson, L. W. Hokr, Richard Plufka whereupon said resolution was declared duly passed and adopted. RESOLUTION AUTHORIZ~NG WAIVER OF PIATTING REGULATION WITHIN THE ~ ~ VILLAGE OF NEW HOPE, MINNESOTA PRESENT PLAT 62&91 PARCEL 8120 (FOR Mr. Kenneth Benson ) (Planning Case No. 71-52) 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 vary- ing the regulations as they' apply to specific properties where an unusual hardship on the land exists~ but variances may be granted onl? upon specific grounds set forth in the regulations. 2, That Section 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 ~ hereinafter~ compliance with the platting restric- tions 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 k~ authority of the Village of New Hope does hereby waive such compliance, and authorize the filing and recording of conveyances using substantially the legal description contained in the following paragraph: 4. Premises in the County of Hennepin, State of Minnesota described as follows: Parcel A: Let 1, Block 3, Winnetka Hills 2nd Addition except the South 870.56 feet thereof. Parcel B: The No~th 2~6.0 feet of the South 870.56 feet of Let l, Block 3, Winnetka N~1~1~ 2nd Addition. Parcel C: The North 220.0 feet of the South 6~.56 feet of Let 1, Block 3, Winnetka N~lls ~ Addition. Parcel D: The North 209.56 feet of the South ~12+.56 feet of Let l, Block 3, Winnetka Ni]1~$ 2nd Addition erk-Treasurer 2.303 Membership, Terms, Removal and Vacancies. Subd. (1) Initial Membership The commission will be composed of twelve (12) members who are residents of the Village of New Hope -- two of which shall be under eighteen (18) years of age. The new members will be appointed by the Village Council, and will serve two year terms such that five (5) of the adult member's terms will expire each year, to allow a greater number of younger people to participates the appointees under 18 years of age will serve one year terms, to expire the day after the first Council meeting of each year or until their successors are duly appointed and qualified. Each of the twelve regularly appointed members of the commission shall have one vote. Subd. (2) Term of Office The term of five of the first adult appointees shall extend to the first Council meeting of 1973, or until their successors are duly appointed and qualified. The term of the remaining five shall extend to the first Council meeting of 1974, or until their successors are duly appointed and qualified. Subd. (3) Resignation and Removal A member of the commission may resign upon written notification to the commission of his intent. The commission may by vote of a majority of its members, petition the Council to dismiss any member of the commission at such a time in its judgement, the best interest of the commission are not being served. Subd. (4) Vacancies Vacancies shall be filled by the Village Council for the unexpired term. 2. 304 Offices. The commission will elect a chairman, a vice-chair- man, and a treasurer at its first regular meeting. The term of each office shall be one year. The chairman shall provide an agenda and preside over all meetings. The agenda shall include the date, time, and place and should notify members of the meeting one week prior to the meeting. The vice-chairman shall function in the role of the chairman upon his absence. The treasurer will keep a record of all fiscal operations of the commission and the commission shall submit an annual report to the council on or before the 10th day of January of each year. - 2 - the more restrictive provision or provisions shall govern. Three copies of said "Uniform Building Code, 1961 Edition, Volume I" and one copy of the "Uniform Building Code, 1970 Edition Volume III Housing" shall be marked as "Official Copy" and filed for reference and inspection in the Office of the Clerk- Treasurer. Section 2. A'ny person violating any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $300 or by imprisonment not to exceed 90 days, or both. 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 ~ ~' ~ 19 71 Hope this ~-~ day of ~,~,~'~. i~ , · Mayor L°Terl~-Tr easur e ? ~+?/~ 1971. ) (Published in the New Hope-Plymouth Post this '~:~c-/~.~ · , -2- RESOLUTION APPROVING INVESTMENT OF FIRE DEPARTMENT RELIEF ASSOCIATION IDLE FUNDS WHEREAS, the By-Laws of the New Hope Firemen's Relief Association 'provide that the special funds of the Association may be invested by the Board of Trustees in such income paying properties and securities as may be authorized by the New Hope Village Council, and WHEREAS, it has heretofore been determined that it is in the best interest of the Village to have the Fire Department Relief Association's idle funds invested so as to obtain the highest practical return on the investment, and WHEREAS, the Village Finance Director has heretofore agreed to assist the Relief AsSociation with investments of idle funds to assure that the highest practical rate of return be realized on the investment program. NOW, THEREFORE BE IT RESOLVED by the Council of the Vill.age of New Hope that: 1. The New Hope Relief Association with the advice of the Finance Director may invest idle funds in securities authorized under Section 471.56 and 475.66 of Minnesota Statutes of 1967, and in com- pliance with Minnesota Laws 1971, Chapter 261, providing that a minimum amount of funds (in the amount of $7,500) be held readily available to pay any claims that might arise. 2. The investment program of the Relief Association shall be reviewed by the Village Council as often as it is deemed necessary to assure that investments are made in accordance with the intent of this resolution with such review to be completed at least annually. 3. The Village Clerk is hereby authorized and directed to send a certified copy of this resolution to the Secretary of the Board of Trustees of the New Hope Volunteer Fire Department Relief Association; said copy to serve as authorization to proceed with the investment of idle funds in the manner noted. Adopted by the Village Council this 13th day of September, 1971. ? ~/ ~ Mayor ATTEST: ~~lage Clerk RF, SOLUTION ADOPTING AND C~F~G ASSESSMENTS FOR .... ,ST~ET ......... IMI~OVE~T NO. 212 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 Improvemeat No. 212 against every ass~s'eabie 'lot, piece. 0~ p~cel' ~ "'~ affected thereby has been dul~ calculated upon the basis of benefits, without re~a~d to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter ~29, 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, a~. said proposed assessment has at all times since its filing been Open for p~blic 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 a~d 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 assess~e~t 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 aa 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 pa~ya~.ble i~qual annual principal installments extending over a period of mmm~een~-p~ ~ years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 19_~72_, to be payable with general taxes payable in 19....72, , and one of each of the remaining inst~llments, 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. ~. Prior to certification of the assessments to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby ~ay at any time pay the whole of such assessment, with interest to the date of payment, to the Village Treasurer, but no interest ~all be charged if such payment is made within thirty d~ys after the date of this Resolution. 5. The Village Cl. erk sh~ll, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the Asseemae~t Roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upo~ the proper tax list of the County, and the County Auditor shall thereafter collect said assessment in the manner provided by law. Dated the ~7%h day of $~b%~' Vt~ Clerk_TreasUrer ........ qO R~O~TI~ ADOPTING AND C~FIRNING AS~E~S~TS FOR .... s~o~ ~ ~O~T 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" 263 ~O o _ against every assessable lot, piece or parcel of !a_,~ affected thereby has been duly calculated upon the hasis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter ~29, a~ 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 piec. es of land enumerated in the proposed asesemaent 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 (!0) _ years, the first of said installments, together ' with interest on the entire assessment from the .date hereof to December 31, 19_ 72, to be payable with general taxes payable in 19 72 ~--, and one of .. each of the r~.ining 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. &. Prior to certification of the assessments to the County Auditor, the owner of any ..lot, piece or parcel of land assessed hereby m~V at any time pay the whole of ~Ach assessment, with interest to the date of pa~aent, to the Village Treasurer, but no interest shall be charged if such payment ia made within thirty days after the date of this Resolution. 5. The Village Clerk shall, aa soon as may be, prepare and tra~t to the County Auditor a certified duplicate of the Assessment Roll, with each installment and interest on each unpaid asses~nent set forth separately, to be extended upon the proper tax 1/st of the County, and the County Auditor shall thereafter collect said assessment in the manner provided by law. Dated the 27th ~ day of~ September .. ., 19 7.~.1. 7ii--Clerk-Treasurer ' RESOLUTION ADO?~ING ASSESSMENT FOR WATER AS~SMENT 71-1 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 71-1 made under authority of State law as implemented by 5.155 of the V~llage Code. NOW THEREFORE, BE IT RESOLVED BY THE VI~hAGE COUNCIL OF NEW HOPE, MI~OTA: 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, 1972 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, 1972. To each subsequent installment when due shall be added interest for one year on all ~paid installments. 3. The owner of any property so assessed may, at any time prior to certifica- tion 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. ~. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extende~ 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 ~ ,2~Tth day of ~ Septembe~ ........... , 1971. ATTEST: r -Treasurer (SEAL) RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS OF DELINQUENT NATER AND SANITARY S~gER SERVICE AND CONNECTION CHARGES BE IT EESOLVED BY THE VII.TAGE COUNCIL OF THE VTT,TAGE OF NEW HOPE, MINNESOTA, as follows: The proposed rolls for the assessment of delinquent water and sanitary sewer service and connection 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 1972. Dated the 27th day of Se~ember , 1971. ATTEST: 'V'~~lerk-Tre~surer (SEAS EESOLUTION ADOPTING ASSESSMENT FOR VILLAGE SERVICES-1971 WHEREAS, P~rsuant to proper notice duly given, the Council has met and heard and passed upon all objections to the proposed assessment for Village Ser~i'ces-1971 under authority of State law as implemented by Section 9.119 of the Village Code. NOW THEEEFOEE~ BE IT RESOLVED BY THE VvLLAGE COUNCIL OF NE~ 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 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. 3. The Clerk is instructed to certify said assessment to the County Auditor for collection with taxes payable in 1972. Adopted by the Council this . 27th day of .... S.eptember. . . , 1971. ATTEST: .Vi~Clerk-Treasurer RESOLUTION ADOPTING BUDGET FOR THE VILLAGE OF NEW HOPE FOR THE YEAR 1972, AND ESTABLISHING TAX LEVY FOR THE YEAR 1971 PAYABLE IN 1972 BE IT RESOLVED by the Village Council of the Village of New Hope as follows: Section 1. The Budget for the Villa§e of New Hope, Minnesota for all funds supported in whole or in part by property taxes for the calendar year of 1972 is hereby adopted as hereinafter set forth and the funds are hereby appropriated therefor: GENERAL FUND General Government Mayor and Council $ 14,721 Village Manager 23,400 Courts 17,500 Elections and Registration 13,766 Municipal Clerk 109,595 Assessing 39,435 Accounting 36,526 Independent Accounting 2,375 Legal 7,615 Civil Service Commission 3,500 Industrial Commission 2,375 Human Relations 1,000 Youth Commission 900 Planning and Zoning 785 Municipal Building 32,006 Total General Government $305,499 Public Safety Police Protection $311,456 Fi re Protection 74,994 Protective Inspections 39,246 Civil Defense 1,000 Animal Control 10,000 Total Public Safety $436,696 Public Works Engineering $ 5,500 Streets and Alleys 120,992 Snow and Ice Removal 14,350 Traffic Signs, Signals and Markings 5,157 Street Lighting 22,750 Total Public Works $168,749 Sanitation and Waste Removal Storm Sewers $ 29,268 Weed Eradi cati on 4,260 Total Sanitation and Waste Removal $ 33,528 Public Welfare Conservation of Health $ 10,950 Environmental Commi ss i on 500 Total Public Welfare $ ll ,450 Recreati on Recreati on $135,330 Parks 178,102 Total Recreation and Parks $ 313,432 Other Functions Total $ 11,900 TOTAL GENERAL FUND $1,281,254 POOR FUND Total $ lO,O00 TRUST AND AGENCY Firemen's Relief Fund $ 31,442 PERA and Social Security 60,158 Total Trust and Agency $ 91,600 BOND AND DEBT SERVICE FUND 1961 Municipal Building Bonds $ 7,400 1963 Park Improvement Bonds 12,548 1965 Swimming Pool and Park Bonds 16,700 1968 Park Improvement Bonds 32,400 1969 Park Improvement Bonds 44,300 Bond No. 29 1,000 Bond No. 40 11,400 Total Bond and Debt Service Fund $ 125,748 TOTAL TAX SUPPORTED FUNDS $1,508,602 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 Mortgage Registry 7,000 Licenses and Permits - Business 10,128 -2- Licenses and Permits - Non-Business $ 30,739 Court Fines 55,000 Revenue from Use of Money and Property 2,500 Shared Taxes 270,482 Grants 9,595 Current Charges 29,615 Transfers - Clerical 35,000 Liquor 1 O0,000 Administration 8,500 Uti 1 ity 100,000 Unappropriated Surpl us 60,000 Total General Fund $732,559 POOR FUND Transfer in-General $ 6,000 Unappropriated Surpl us 4,000 Total Poor Fund $ 10,000 TRUST AND AGENCY Fire InSurance Reba'te $ 6,000 BOND AND DEBT SERVICE Transfer in-Swimming Pool $ 10,000 TOTAL ESTIMATED RECEIPTS $758,559 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 $559,893 For the Poor Fund None For the Firemen's Relief Fund 25,961 For the PERA and Social Security Fund 61,386 For the Debt Redemption Fund 115,748 Section 4. This resolution shall be in effect from and after its adoption and any expendi- tures in addition to those herein ap- propriated shall be made only after approval is given by at least four Council members. Adopted t~ 27they of September, 1971. ~ ~ Attest: ~~~'r~i si gned :j~,~so~n - 3 - councilma~~dohng6h q~ RESOLUTION APPROVING 1971 TAX LEVY, COLLECTIBLE IN 1972 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 1972 upon the taxable property in the Village of New Hope, for the following purposes: General Fund $559,893 Debt Service 1961 Municipal Building Bonds $ 7,400 1963 Park Improvement Bonds 12,548 1965 Swimming Pool and Park Bonds 6,700 1968 Park Improvement Bonds 32,400 1969 Park Improvement Bonds 44,300 Bond No. 29 1,000 Bond No. 40 11,400 Contributions to Firemen's Relief Association 25,961 Public Employee's Retirement Association and Social Security Contributory Share 61,386 Provision has been made by the Village of New Hope for payment of any additional amounts needed in excess Of $61,386 as the Village's contributory share to the Public Employee's Retirement Fund, as provided for in Minnesota Statutes Annotated, Section 353.01 et seq. No Further levy in excess of the $61,386 cited above is required for this purpose. Poor Fund None 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 September 27, 1971. Eri ckson, Attest: B uliot Village Clerk-Treasurer RESOLUTION DIRECTING CERTIFICATION OF AMOUNT OF 1958 IMPROVEMENT BOND SINKING 'FUND TO COUNTY AUDITOR FOR PURPOSE OF 'REDUCING AD VALOREM TAXES HERETOFORE LEVIED FOR THE YEAR 1972 WHEREAS, by resolution adopted by this Council on the 10th day of February, 1958, as amended on February 28, 1958, by adoption of a resolution entitled "Resolution Amending Resolu- tion of February 10th, 1958, Relating to the Sanitary Sewer Improvement No. 7 and Storm Sewer Improvement No. 10 Funds, The Authorization of $854,000 Improvement Bonds of 1958 and the Appropriation of Special Assessments and Taxes for the Payment Thereof", and WHEREAS, said resolution levied upon all taxable property within the corporate limits of the Village, a direct, annual, ad valorem tax, to be spread upon the tax rolls for the year specified, including $58,708.12 specified for the year 1971 and collected in the ensuing year 1972, 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 in- vestments 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 on hand in said fund as so certified to him", and WHEREAS, the 1958 Improvement Bond Sinking contains in excess of the sum of $58,708.12. NOW, THEREFORE, BE IT RESOLVED by the Village of New Hope, Minnesota 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 a sum in excess of $58,708.12. 3. The Clerk shall certify the amount of said excess in the 1958 Improvement BOnd Sinking Fund, up to $58,708.12 forthwith, and request the County Auditor to reduce the amount of ad valorem tax levy pursuant to said resolution of February 10th, 1958. Dated the 27th day of September, 1971. Attest: ~ ~_~~ Betty ~ouliot Village Clerk-Treasurer -2- RESOLUTION DIRECTING CERTIFICATION OF AMOUNT OF $320,000 SWIMMING POOL AND PARK BOND OF 1965 FUND TO COUNTY AUDITOR FOR PURPOSE OF REDUCING 1971 AD VALOREM TAXES HERETOFORE LEVIED WHEREAS, by resolution adopted by this Council on the 23rd day of March, 1965, entitled "Resolution Determining the Form and Details of $320,000 Swimming'Pool and Park Bonds of the Village Creating a Sinking Fund Thereof and Levying Taxes for the Payment Thereof" and WHEREAS, said resolutions 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 $16,700 specified to be levied as taxes in 1971, and WHEREAS, said resolution specified as follows, in part: "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 extent permitted by Minnesota Statutes 1961, Section 475.61, and WHEREAS, there is on hand $10,000 in the sinking fund resulting from taxes levied in 1970, and permanent transfers from other Village funds. NOW THEREFORE, BE IT RESOLVED by the Village of New Hope, Minnesota as follows: 1. The recitals contained hereinabove are incorporated herein by reference. 2. The total amount in the Swimming Pool and Park Bond Fund is hereby found and declared to be $10,000 and the taxes to be levied in 1971 shall be reduced by that amount. 3. The Clerk shall forthwith request the County Auditor to reduce the amount of ad valorem levy as above recited ($16,700 to $6,700). Dated the 27th day of September, 1971. Attest: B~et~Y~>~Ju'l i o t 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 1972 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 Appropriating Special Assessments and Levying Taxes for the Payment Thereof", and Bond 5 WHEREAS, by resolution adopted by this Council on the 14th day of July, 1958, entitled "Resolution Authorizing and Establish- ing the Form and Details of $76,000 Improvement Bonds, Series of August 1, 1958, and Appropriating Special Assessments and Taxes for the Payment Thereof", and Bond 17, WHEREAS, by resolution adopted by this Council on the 8th day of August, 1961, entitled "Resolution Authorizing and Estab- lishing the Form and Details of $78,000 Improvement Bonds of August 1, 1961, Series B and Appropriating Special Assessments and Taxes for the Payment Thereof", and Bond 18 WHEREAS, by resolution adopted by this Council on the 15th day of August, 1961, entitled "Resolution Authorizing and Estab- lishing the Form and Details of $442,000 Improvement Bonds of August 1, 1961, Series A, and Appropriating Special Assessments and Taxes for the Payment Thereof", and Bond 21 WHEREAS, by resolution adopted by this Council on the lOth day of July, 1962, entitled "Resolution Authorizing and Estab- lishing 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 Establish- ing the Form and Details of $405,000 Improvement Bonds of 1962, Second Series, and Appropriating Special Assessments and Levying · Taxes for the Payment Thereof", and Bond 26 WHEREAS, by resolution adopted by this Council on the 23rd day of July, 1963, entitled "Resolution Authorizing and Estab- lishing 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,O00 Improvement Bonds of 1963, Second Series, and Appropriating Special Assess- ments and Levying Taxes for the Payment Thereof", and WHEREAS, said resolutions 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 the sums below listed, specified for 1971 to be collected in the ensuing year of 1972. a. Bond 3 $ 75,000 Improvement Bonds Series of October 1, 1957 $ 900.00 b. Bond 17 78,000 Improvement Bonds of August 1, 1961-Series B 1,500.00 c. Bond 18 442,000 Improvement Bonds of 1961-Series A 1,000.00 d. Bond 21 690,000 Improvement Bonds of 1962 8,100.00 e. Bond 22 405,000 Improvement Bonds of 1962, Second Series 500.00 f. Bond 26 403,000 Improvement Bonds of 1963 35,000. O0 g. Bond 27 1,100,000 Improvement Bonds of 1963, Second Series 13,700.00 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 - 2 - 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 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. 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 27th day of September, 1971. ¥illage Clerk-Treasurer - 3- RE.SOLUTION PROVIDING FOR ,PUBLIC HEARING ON VACATION :OF PORTION OF STREET EASE- MENT. POR ~LOUISIANA AVENUE NORTH'%N LOT 42, AUDITOR'S iSUBD, IVISION NO, 22.6, HENNEPIN'.COHNTY,. MINNESOTA. [HARTZELL RICHARDS) BE IT RESOLVED by the Vi.ll~ge Council of the Village of New Hope,' Hennep'.in County., Minnes. o'ta, as folloWs: 1. .Pursuant 'to Minnesota Statute:s, Section 41.2.85.1 this 'Council on its own motion 'proposes'to vacate [he st'r.e, et easement hereinafter dcscr'ibed. 2. This Council 'shall meet at _the time and place sp:ecified in the form of notine inclUded, in Paragraph 3 hereOf for the purpose of hOlding a public heariFg on the Proposed vacation of the st're, et ease- ment .as :therein described. 3. The action of the Cl'erk-Tr. easurer in causing notice of said meeting to be made 'by two weeks posted and published nbti_ce in the New Hope- PlYmouth Post' and such 'further notice as is 'required by SeCtion 6.43 °f the Village 'Code is hereby ap- 'proved. SUch notice being Substantially in the following form: NO'TIEE 'OF HEAR!.NG ON VACATION DF PORTION OF ST'REETi EASEMENT'. FOR-~: ..- LOU IS IANA AVENUEi- NORTH 'I N '"I~0:T'-42 ,i . AUBITOR'.S. :SUgD:IVISION NO. 226, . .HENNEPIN: COUNTY.,'. MINNESOTA. (HARTZELL' RICHARDS) NOTICE IS HEREBY. GIVEN.,. That :the Village Council of th.el. Vi.il'age of Ne~ Hop~, Minnesota. wi:il meed'in the' Council .Cka~b'e'.rs 'in tke"Ne~ Bo.pa Village Hail, 4&0.1Xylon Avenue North in said: Village,'on Mo'ndky, the' 12th day of Octob'e'r~ 19'?1 at '?::00 .o. tcl'ock p. m. t'o h~a'.r,' consider and pass upon all writte'n or o'ral .'0bj'ecti.ons, if any, to. the' propose'd vacation of tke"following stree:t easement or portion thereof'in Lot ,42, Auditb.r~s ~Subdivision No. 22.6 · n said Villa. ge of New Hope, State'.-.of Minnes. ota: The West' '.10 feet :of the' East· 27. feet' of the West 33'~fee't o'£ .the East' 29.7 :feet of that part of LOt '.42,-lyiFg Nor. th:of UMurray Lane Fifth. AdditionU in Auditor':s 'Subdivision No. '226, Hennepin County,' Minnesota., ac-. cording to' the P'lat':ther:e.of on file or of .record in"tke'office of the Registe'r"of Deeds in and.for sgid Hennepin Countyl All .persons des:i'ring to be..he:ard in connection with'thei'consi:der'ation of t.ke ab.Ove~menti.oned v. acati'.on of sgid street-are hereby requ'eSted-~to be pres-e'nt ..at said meeting to'make the'ir obj.ecti-.ons, if any, to said vacation. BY ORDER .0~ THE VILLAGE COUNCIL BETTYpOULI'OT, CLERK-.TREASURER P.ublishe'din.the. N-eWlHope-:Plymouth. Post.-on Se. Pte:mber~S0th' and 0ctoBer'7. th,! 197!. Each :and ail of ttre ite.rms 'and provisions as st'ated in tt~e' iforegoing No.t'ice :Of Hearing are kerebY adopted as. :tke ite~ms and provisions in accordance wilth which :said keari,ng skall be ikel'd. Adopted~bY the gil. lage ·CoUncil tt~is'~'~* RESOLUTION AUTHORIZING THE VILLAGE OF NEW HOPE TO ACT AS GRANTEE FOR THE JOINT COMPUTER TIME-SHARING PROJECT WHEREAS, the Vill.age of New Hope is submitti.ng an application for Joint Computer Time-Sharing. NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Vill.age of New Hope that: 1. The Village of New Hope act as grantee for the Joint Computer Time-Sharing in ad- ministering the funds in behalf of the Joint Computer Time-Shari.ng Project for a period of October 15, 1971, to December 31, 1.971. 2. That R. Michael Amyx, Vill.age Manager, is hereby authorized and directed to execute such an agreement as requested by the Governor's Commission on Crime Prevention and Control to implement such grant. This resolution passed by the Village Council of the Vill~age of NeW Hope this m?m~ day of ~/~~r , 1971. Attest: . Be~~oul iot Vi 1 lage Cl erk-Treasurer RESOLUTION APPROVING PLANS, SPECIFICATIONS AND SPECIAL PROVISIONS FOR PROJECT NO. 7018 - WINNETKA AVENUE IMPROVEMENT WHEREAS, plans for Hennepin County Project No. 7018 showing proposed alignment, profiles, grades, and cross- sections, together with specifications and special pro- visions for the construction of County-State Aid Highway No. 156 within the limits of the Village as a County Aid Project have been prepared and presented to the Village. NOW THEREFORE IT IS RESOLVED: That said plans, specifications, and special provisions be in all things approved. Dated this 27th day of September, 1971. ~B~~~)~uliOt Erickson, Mayor Attest: Village Clerk CERTIFICATION State of Minnesota ) County of Hennepin ) ss. Village of New Hope) I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the Village Council of the Village of New Hope at a meeting thereof held in the Village of New Hope, Minnesota, on the 27th day of September, 1971, as dis- closed by the records of said Village in my possession. (Seal) ~~~. Vi 11 age C1 erk RESOLUTION VACATING PORTION OF STREET EASEMENT FOR LOUISIANA AVANUE NORTH IN LOT 42, AUDITOR'S-SUBDIVISION NO. 226, HBNNEP!N COHNTY, MINNESOTA. (HARTZELLRICHARDS) BE IT RESOLVED bY the Village Council .of the Village of NeW iHope, County of HennePin, State.':of Minnesota, as followS: 1. Pursuant :to: duly posted and published notice in the iNew Hope-PlYmouth Post, the :official newspaper of the Village ifor t~o weeks.heretofore, hearing was held bY this Council on October 12, 1971 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 propose'd Vaca- ti.on of said street easement or portion thereof, this Council hereby finds 'and determines :that it appears in the best in- terest' of the public to vacate that part iof the street ease'- merit described as. followS, to wilt: The West' 10 feet of the East 27i feet of the West :35 feet of~.the East 297.~feet of that 'part iof Lot 42, lying North "Murray Lane Fifth Addition" in Auditor's Subdivision No. 226, Hennepin County, Minnesota, acco.rding to the plat thereof on file or of record in the' office of the Register of Deeds in and for said HenneP'in County, and it is hereby declared to beVacated., pursuant .to Minnes.'o'ta Statutes :SeCtion 412'.8S1. 3. The Clerk-Treasurer is hereby directed to present to the :proper officers ~of Hennepin Count. ¥, Notice~ . ~of Completion of :said Vacation Proceedings in accordance ~ith iSection 117.19 of Minnesota.Statutes. Dated this 12th day .of OctobeP, 1971. /od RESOLUTION AUTHORIZING WAIVER OF PLATTING REGULATION WITHIN THE VILLAGE OF NEW HOHE, MINNESOTA PRESENT PLAT 62218 PARCEL ~+50 (FO mmm)P]mS Z- mSZ D BE IT RESOLVED by the Village Council of the Village of New Hope: 1. That Section ~62.558, Subdivision 6~ of the Laws of 1965, Ch. 670, provides that Subdivision regulations may provide for a procedure for vary- ing 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. 27 That Section 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. 5. That this Council hereby finds and determines that as to premises described in paragraph 4 hereinafter, compliance with the platting restric- tions 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 recording of conveyances using substantially the legal description contained in the following paragraph: ~. Premises in the County of Hennepin, State of Minnesota described as follows: act That part of Plat 62218, Parcel ~50, Section 18. Township llS, Range 21, (described in Planning Case No. 71-62) lying South of the North 550 feet more or less as measured along the East property line thereof. Tract B (Residue): The North 350 feet more or less as measured along the East property line of Plat 62218, Parcel ~50, Section 18, Township llS, Range 21 (described in Planning Case No. 71-62)'. Dated this 12th day of October ~ , 197~1. - ~ ~er~-Treasurer RESOLUTION DIRECTING CERTIFICATION OF AMOUNT OF $1,155,000 IMPROVEMENT BONDS OF 1971 FOR PURPOSE OF REDUCING 1971 AD VALOREM TAXES HERETOFORE LEVIED WHEREAS, by resolution adopted by this Council on the 9th day of September, 1971, entitled "Resolution Authorizing and Estab- lishing the Form and Details of $1,155,000 Improvement Bonds of 1971, 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 ~ valorem tax, to be spread upon the tax rolls for the year as specified, including $12,000 to be levied in 1971 and collected in 1972, and 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 with- in 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, toget- her 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 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. 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. -2- 3. That the Council hereby reduces the amount of the levy for $1,155,000 Improvement Bonds of 1971 from $12,000 to $11,400 (reduction of $600). 4. The Clerk shall forthwith request the County Auditor to reduce the amount of ad valorem levies as above recited. Dated the 12th day of October, 1971. ~.~ ~~e~~ ul~i ° t ~ ~k s on, M ay or Attest: _ . ..... Village Clerk-Treasurer /o6 RESOLUTION REAFFIRMING APPOINTMENT OF ELECTION JUDGES FOR NOVEMBER 2, 1971 ELECTION WHEREAS, on August 9, 1971 the Council did appoint election judges to serve at the November 2nd Village election, and WHEREAS, certain of the judges have since moved out of Village, or taken full time jobs, or for reasons of health are unable to serve. THEREFORE, BE IT RESOLVED that the following persons will serve as election judges on November 2, 1971 at the polling places and hours as set forth in the resolution of August 9, 1971. A. First Precinct - Sunny Hollow School 8808 Medicine Lake Road To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Barbara Battina - 2832 Lamphere Drive - Chairman Mrs. Lorraine Clausen - 9009 - 30th Avenue North Mrs. Marcia Hinitz - 2880 Valle Vista Mrs. Isabel Wolf - 3124 Ensign Avenue North Mrs. Jo Smothers - 3106 Boone Avenue North B. Second Precinct - New Hope Public Works Building 7701 - 42nd Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Mary Adams - 3657 Maryland Avenue North - Chairman Mrs. Ginger Gooley - 8516 - 36½ Circle North Mrs. Lee (H. H.) Humphrey - 8116 - 40th Avenue North Mrs. Jeri Sueker - 3924 Xylon Avenue North Mrs. Wanda Sandberg - 3513 Aquila Avenue North C. Third Precinct - Sonnesyn Elementary School 3421 Boone Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Barbara Neary - 3664 Ensign Avenue North - Chairman Mrs. Lois Berg - 4157 Ensign Avenue North Mrs. Ginnie Erhard - 4140 Flag Avenue North Mrs. Sue Kranz - 3601 Gettysburg Avenue North Mrs. Barbara Raetzman - 9208 - 32nd Avenue North D. Fourth Precinct - New Hope Elementary School To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Charlotte Bates - 9300 - 46th Avenue North - Chairman Mrs. Patricia Olson - 4313 Zealand Avenue North Mrs. Bertha Lunzer - 4225 Decatur Avenue North Mrs. Loretta Quick - 4750 Decatur Avenue North Mrs. Marianne Wasnick - 9029 - 46th Avenue North E. Fifth Precinct - Cooper High School 8230 - 47th Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Darlene Shelton - 8139 - 47th Avenue North - Chairman Mrs. Barbara Wagner - 4741 - 49th Avenue North Mrs. Lois Shoemaker - 4617 Virginia Avenue North Mrs. Charlene Flemming - 7733 - 46th Avenue North Mrs. Joyce Johnson - 4700 Oregon Avenue North F. Sixth Precinct - Hosterman Junior High School 5530 Zealand Avenue North To serve from 7:'00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Joan Demeules - 4964 Xylon Avenue North - Chairman Mrs. Dorothy Carpenter - 4949 Virginia Avenue North Mrs. Virginia Mack - 5420 Wisconsin Avenue North Mrs. Sharon Reckin - 7806 - 53rd Avenue North Mrs. Paula Malone - 4932 Xylon Avenue North G. Seventh Precinct - Meadow Lake Elementary School 8525 - 62nd Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Marcy Loushin - 8801 - 61st Avenue North - Chairman Mrs. Juan LaBelle - 5816 Aquila Avenue North Mrs. Karen Klemond - 5965 Decatur Avenue North Mrs. Gerry Rehnke - 8810 - 60th Avenue North Mrs. Nancy Christensen - 5857 Boone Avenue North H. Eighth Precinct - Winnetka Elementary School 7940 - 55th Avenue North To serve from 7:00 o'clock a.m. to 8:00 p.m. and to completion. Mrs. Jean Pedersen - 7961 - 59th Avenue North - Chairman Mrs. Irene Baker - 8020 - 60th Avenue North Mrs. Nickey Connolly - 7930 - 60th Avenue North Mrs. Gloria Voskuil - 5931 Virginia Circle Mrs. Dorothy Rudolph - 5930 Wisconsin Circle -2- Adopted by the Council this 26th day of October, 1971. / Edward ~Y /x~ J Mayor Attest: /~~ B~yt~ul i ot Villag~ Clerk-Treasurer -3- /0'7 RESOLUTION AUTHORIZING TRANSFER OF GRANT FUNDS TO POLICE BUDGET WHEREAS, authorization to purchase an eight channel dual transport magnetic tape recorder from Dictaphone Corporation at a cost of $4,668.63 was received from the Village Council, December 28, 1970, and WHEREAS, funds are to be provided from Federal and State reimbursement programs, and WHEREAS, it is necessary to increase the 1971 Police Budget to reflect these additional funds; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope that the following changes be made in the 1971 Operating Budget: RECEIPTS General Fund - 3951 - Refunds and Reimbursements, increase $4,668.63 DISBURSEMENTS Police Account - Equipment, Account 4110-52 $4,668.63 Adopted by the Village Council of New Hope, Minnesota, on motion by :~~ , second by ?fu~/r~ , this ~,t~ day of~¢/¢¢¢~/¢~ , 1971. Edwar~ Erickson Attest: ~~ Mayor ~1 lt~Y~X~ge°~ ll ~ °r~_T re as u rer RESOLUTION AUTHORIZING TRANSFER OF GRANT FUNDS TO PARK BUDGET WHEREAS, additional receipts have been required by grants and donations, and WHEREAS, these grants ($800 from Kennedy Foundation) and donations ($250 from private donation) were given for the specific purpose to be used for recreation and park purposes, and WHEREAS, it is necessary to increase the 1971 Park Budget to reflect these additional funds; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of New Hope that the following changes be made in the 1971 Operating Budget: RECEIPTS General Fund Account 3589, Donations, Increase $1,050 DISBURSEMENTS Park Account - Equipment, Account 4742-52, Increase $1,050 Adopted by the Village Council of New Hope, Minnesota, on motion by 29~//~ , second by /t/~ , this ~t~ day ofy/~.~.~ , 1971. Attest: _ B L~Y{y~Su 1 iot Vi 11 ~je Clerk-Treasurer ~tion by Councilman ~a~ z K~ , second by Councilman ~a ~- _ ._ , approving transfers between funds during 1970 as I. B.R. Bond 29 Sale of Investment 9,000.OO Bond 24 Bond 28 Sale of Investment 12,0OO.00 Bond 3~ Bond 30 Repayment of Loan 20,000.00 ~mp. 2~ Imp. 211 Sale of Invest. 30,000.00 ~mp. 248 Civic Center Sale of Invest. 15,000.00 Trust & Agency Uater & Se~.~er P.E.R.A. 3,711.75 Trust & Agency Liquor ~.~ P.E.E. Ac 2,~87.58 General FUnd Bond 4 Sale of Investment 25,000.00 I. B.E. Bond 37 Sale of Investment 50,000.00 Bond 30 ~?ater & Se~er Assessment Adj. 299.25 Poor F~nd General B~dget Transfer 3,000. OO ~mp~ 208 Bond 2~ Sale of Investment 35,000.00 General Fund ~ater & Se~er Sale of Investment 35,000.00 Bond 35 Bond 28 Sale of Investment 22,000,00 Bond 35 I. Bo R. Sale of Investment 20,000.O0 Bond 35 Bond 32 Sale of Investment 20,000.00 General Fund S~,~er & ~'~ater Budget Transfer 8,000.00 General Fund Se~er & ?!ater Budget Transfe~ 20,000.00 Civic Center Imp. 2~ Sale of Investment 15,000.OO Imp. 211 Imp. 2~8 Sale of Investment 30,000.00 Civic Center Imp. ~8 Int. on Investment 186.77 -2- TO FROM ,FQR mOUNT Imp. 211 Imp. 2~8 Int. on Investment $ 373.56 General Fun~ Se~.ler & %Tater Budget Transfer 2~,000.00 General Fund. Liquor ~.~ Budget Transfer 15,000.00 General Fund Liquor ~ Budget Transfer 5,000. O0 Bond 2~ Bond 28 Sale of Investment 35,O00.O0 Imp. 208 Imp. 211 Sale of Investment 30,000.00 Imp. 208 Imp. 219 Sale of Investment 25,000.00 Imp. 208 Imp. 210 Sale of Investment 10,000.00 Imp. 208 Bond 31 Sale of Investment 35,000.00 General Fund Liquor g~.~ Budget Transfer 25,000.00 General Fund Liquor {~-~ Budget Transfer 15,000.00 Bond 33 Bond 28 Repayment of Loan 95,000.OO Bond 35 Bond 33 Repayment of Loan 95,000oOO Temp. Finance General Fund Sale of Investment 85,000.00 Temp. Finance I.B.E. Sale of Investment 65,000.00 Temp. Finance Bond 2~ Sale of Investment 20,000.00 Temp. Finance Bend 28 Sale of Investment 20,~O2.60 Temp. Finance Bond 30 Sale of Investment 14,O00.00 Temp. Finance Bond 32 Sale of Investment 35,000.00 Temp. Finance Bond 36 Sale of Investment 29,000.00 Poor Fund General Fund Budget Transfer ~,000.00 Central Store Temp. Rev. Temp. Loan 3,000.00 General Fund Liquor g~ Budget Transfer 25,0OO.OO General Fund Liquor g~ Budget Transfer 15,000.OO Liquor-g-~ General Fund Sale of Investment $ 10,000.OO Liquor g-~ General Fund Sale of Investment 10,O00oOO Central Store General Fund Office Supplies 1,639.O~ Central Store Liquor ~ Office Supplies 25o~9 Central Store ?:ater & Server Office Supplies 21.3~ General Fund Imp. 2~9 Clerical Trf. 198.90 General Fund Impo 252 Clerical Trfo 1,876.50 General Fund Imp. 253 Clerical Trfo ~,072.50 General Fund Imp. 25~ Clerical Trf. 1,92~.65 General Fund Imp. 238 Clerical Trf. 112.95 Liquor ~:.9 General Fund Sale of Investment 18,0OO.OO Liquor ~,.~ General Fund Sale of Investment 10,000.00 Bond 35 Uater & Se~,~er Sale of Investment 50,000.00 Bond 35 Impo 207 Sale of Investment 7,000.00 Bond 35 Imp. 210 Sale of Investment 10,OOO.00 Bond 35 Imp. 211 Sale of Investment 25,000.00 Bond 35 Imp. 2~O Sale of Investment 25,000.00 Bond ~ b'ater & Se~.~er Sale of Investment 7,959.00 Bond ~ Uater & Set~er Int. on Investment 109.66 h'ater & Se~er ~' Bond ~ Sale of Investment 1,OOO.OO 1968 Park Fund Bond 28 Sale of Investment 7,000,00 1969 Park Fund Bond 28 Sale of Investment 2,000.00 I. B.R. Imp. 207 Sale of Investment 20,000.00 Imp. 207 Bond 28 Sale of Investment 18,000.00 Imp. 211 Impo 208 Sale of Investment 21,000.00 Imp. 2~8 Imp.,.°O~ Sale of Investment ~ 5,000.00 Imp. 25~ Impo 208 Sale of Investment &,O00.OO Imp. 210 Bond 37 Close Cont. Fund 16.50 Imp. 232 Temp. Rev. Hepayment of Loan l~,qO0.O0 Imp. 238 Temp. Rev. Temp. Loon 7,500.00 Civic Center Imp. 2~0 Sale of Luvestment 2,0OO.O0 Imp. 255 Temp. Rev. Temp. Loan 200.00 Imp. 257 Temp. Rev. Temp. Loan 200.00 Imp, 259 Temp. Rev. Temp. Loon 200.00 Imp. 260 Temp. Rev. Temp. Loan 250.00 Imp. 26! Temp. Rev. Temp. Loan 17,0OO.OO Imp. 262 Temp. Rev. Temp. Loan 6,500.00 Temp. Rev. Bond~oo~ Sale of Investment &O,OOO.OO Imp. 232 Temp. Rev. Temp. Loan 2,500.00 I. B.R. Imp. 2~8 Sale. of Investment 35,000.00 Temp. Rev. Temp. Fin. Adj. Invest. Sale 32,100.OO Temp. P~v. Temp. Fin. Adj. Interest on Inv. Sale 583.1& Bend 2& Bend ~ Sale of Investment 22,959.00 Bond 27 Bond 28 Sale of Investment 15,000.00 Uater & Se~er Bend 35 Sale of Investment 50,000.00 Imp. 219 Bond 35 Sale of Investment ~O,OO0,OO Bond 36 Bend 37 Sale of Investment 29,000.00 Voting in favor: ~oting against: ~tion RFSOLUTIO, N APPROVING 1971 TRANSFERS i.lot/.orl by' Counc'ilman ,/~o s'~. ff,/['~.,~ , second by Councilman ,,,~,~,~- , , , approving transfers between funds during 1971 as follows: FR_ O!:F T_.qO FOR AMDUNT Liquor #1 General Fund Adj. Inv. Sale $ 10,000. O0 Liquor #3 General Fund Adj. Inv. Sale 10, 000. O0 Liquor #1 General Fund Adj. Int. On Inv. 11.86 Liquor # 3 General Fund Adj. Int. On Inv. ll. 86 1969 Park Bonds Bond #28 Adj. Iuv. Sale 2,000.00 1969 Park Bonds Bond #28 Adj. Int. On Inv. 1.63 Temp. Rev. Bond #28 Adj. Inv. Sale 30,000.00 Temp. Rev. Bond #28 Ad~. Int. On Inv. 2&.66 Imp. 207 Bond #28 Adj. Inv. Sale ll, OOO.O0 Imp. 207 Bond #28 Adj. Int. On Inv. 8.97 Imp. 2~8 Imp. 208 Adj. Inv. Sale 5,000.00 Imp. 2&8 Imp. 208 Adj. Int. On Inv. &.O8 Imp. 25& Imp. 208 Adj. Inv. Sale ~,OO0.OO Imp. 25& Imp. 208 Adj. Int. On Inv. 31.68 General Fund Central Garage Gasoline Purchases 2,8&5.99 Water & Sewer Central Garage Gasoline Purchases 263.&0 General Fund Central Store Office Supplies 371.63 Water & Sewer Central Store Office Supplies &.&5 Liquor #3 Central Store Office Supplies 5.16 Bond #38 General Fund Repayment of Loan 1, ~14. 50 Water & Sewer Pool Operating Repayment of Loan 590.00 -2- FROM T_qO FOR AMOUNT Water & Sewer Trust & Agency P.E.R.A. $ ~,397.91 Liquor #1 Trust & Agency P.E.R.A. 2,703.51 Liquor #2 Trust & Agency P.E.R.A. 2, O3&. 19 Liquor #3 Trust & Agency P.E.R.A. 3,907.50 Liquor #1 Liquor #3 Repayment Of Loan 371.00 Water & Sewer Liquor #1 Repayment Of Loan 67.25 Liquor #3 Liquor #2 Repayment Of Loan 1~,3~3.80 Liquor #3 Liquor #2 Repayment Of Loan 277.~6 Liquor #3 Water & Sewer Repayment Of Loan 255.52 Bond 37 Bond 35 Repayment Of Loan 6,68&~.&7 Bond 37 Bond 38 Repayment Of Loan 73,960.00 Bond 30 Bond 3~ Repayment Of Loan 90, 0OO. OO I. B.R. Bond 27 Repayment Of Loan 52,000.00 Bond 28 Bond 33 Repayment Of Loan ~5,000.00 Bond 33 Bond 35 Repayment Of Loan ~5,000.OO water & Sewer General Fund Budget Transfer 8,6&O,OO Water & Sewer General Fund Budget Transfer 29, 73&. OO Pool Operating Swim. Pool Bond Debt Redemption 10, OOO. 00 General Fund Imp. 208 Gen. Fund Surplus To Be Appropriated For Park Improvement 12, O00. OO Civic Center Imp. 232 Parking Lot-Civic Cen. 8,712.25 General Fund Imp. 232 Parking Lot-Civic Cen. 6, OO0. OO General Fund Poor Fund Budget Transfer 6,000.00 Imp. 2~O Imp. 2~3 Consolidate Improv. 78.30 Imp. 2~3 Temp. Rev. Repayment Of Loan 200~OO -3- F,RQ~ T_qO FO__~R AMOUNT Imp. 248 Imp. 250 Consolidate Improv. $ 18. OO Imp. 250 Temp. Rev. Repayment Of Loan 100.00 Imp. 252 Imp. 251 Consolidate Improv. 18. OO Imp. 251 Temp. Rev. Repayment Of Loan 1OO. OO Imp. 253 Imp. 255 Consolidate Improv. 15.O0 Imp.. 255 Temp. Rev. Repayment Of Loan 200.00 Imp, 253 Imp. 256 Consolidate Improv. 15.00 Imp. 256 Temp. Rev. Repayment Of Loan 200.00 Imp. 253 Imp. 259 Consolidate Improv. 15~O0 Imp. 259 Temp. Rev. Repayment Of Loan 2OO~OO General Fund Imp. 246 Trf. Sealcoating Costs Out Of Imp. 246 999.13 Imp. 2&6 Temp. Rev. Repayment Of Loan 1,500. OO Imp. 23,0 Imp. 249 Consolidate Improv. 275.4& Imp. 249 Temp. Revolving Repayment Of Loan 100.00 Imp. 249 Imp. 240 Transfer Funds From Bond Issue To Imp. 240 ~,420.OO I. B.R. Bond 27 Repayment Of Loan 1OO, OCO. OO Bond 32 Bond 36 Repayment Of loan 140, OOO.OO Bond 34 Bond 38 Repayment Of Loan 115,000.00 Bond 28 Bond 33 Repayment Of Loan 100, OOO.00 Bond 33 Bond 35 Repayment Of Loan 1OO, OOO.00 Bond 32 Bond 36 Repayment Of Loan 75,000.00 Bond 3~ Bond 38 Repayment Of Loan &2, OOO. OO I. B.R. Temp. Finance Sale Of Investment &5,COO.CO -&- FROM TO F,OR AMOUNT Bond 28 Temp. Finance Sale Of Investment $ 20,000.00 Bond 30 Temp. Finance Sale Of Investment 12,0OO. O0 Bond 32 Temp. Finance Sale Of Investment 28, 000. OO Bond 34 Temp. Finance Sale Of Investment 10, OOO. OO Bond 35 Temp. Finance Sale Of Investment 8,000.00 Bond 37 Temp. Finance Sale Of Investment 20,000.00 Bond 38 Temp. Finance Sale Of Investment 20, 000. OO 1968 Park Bonds Temp. Finance Sale Of Investment 10,000.O0 1969 Park Bonds Temp. Finance Sale Of Investment 10,000.00 Water & Sewer Temp. Finance Sale Of Investment &,136.39 Bond 3& Bond 38 Repayment Of Loan 7,000.00 Bond 38 Bond 34 Repayment Of Loan 1OO,000.O0 Bond 36 Bond 32 Repayment Of Loan 140, OOO. OO I. B.R. Bond 27 Repayment Of Loan ~+5,0OO. OO Bond 28 Bond 33 Repayment Of Loan 30, 000.00 Bond 33 Bond 25 Repayment Of Loan 30,000.00 Bond 35 Bond 39 Repayment Of Loan 55,000.00 Bond 32 Bond 36 Repayment Of Loan 30,000.00 Liquor #1 General Fund Budget Transfer 10, OOO.OO Liquor #2 General Fund Budget Transfer 10, OOO. OO General Fund Central Garage Repair And Maint. Of Vehicles 7,197.43 Golf Course Central Garage Repair And Maint. Of Vehicles 2?2. ?2 Water & Sewer Central Garage Repair And Maint. Of Vehicles .321. ~2 General Fund Central Garage Gasoline Purchases 4,116.08 Golf Course Central Garage Gasoline Purchases 1~0o7~ mOM T_90 ~0,~ k~OUNT Water & Sewer Central Garage Gasoline Purchases $ ~49.23 General Fund Central Store Office Supplies 1,393.82 Liquor #1 C~ntral Store Office Supplies 35.18 Water & Sewer Central Store Office Supplies 31.71 Voting In Favor: Voting Against: Motion ~/ A RESOLUTION EELATING TO PARTIOIPATION IN THE SUBLS~AN HENNEPIN COUNTY NURSING DISTRICT HHEEEAS, pursuant to ~h~nesota Statutes, Section l&5.O~ and 145.12, provision has been made for a public health nursing district in that portion of Hennepin County outside the City of ~Lnneapolis, and bq~EREAS, 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 v.'ith adequate funds for its proper operation N~!, T~EP/~DEE, ~E IT RESOLVED BY T~E ~OV~R. NING BODY OF the Village of Ne;,~ Hope that this political subdivision continue to be included in the public health nursing district of Suburban Hermepin County, organized on January ~, 1952; that it participate 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, hm-~ever, that for the period of January 1, 1972 through December 31, 1972, this cost shall not exceed 3~e 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 v~th all other political subdivisions adopting similar resolutions. Dated the 22nd of November, 1971. Village Clerk-Treasurer The Village Manager presented a notice of sale of $23~0,000 Gross Revenue Golf Course Bonds of the Village, calling for bids on such 'bonds 'to be receilved and acted upon on December 1, 1971. It was moved by Councilman , seconded by Councilman , that the terms and conditions of sale of said bonds as set forth in such notice and the pubIication of said notice be approved~ notified and confirmed. On vote being taken thereon, all members present voted in favor thereof. Councilman then introduced the following resolution and moved its adoption: RESOLUTZON AUTH©RIZING THE ISSUANCE OF $2310~,0~0 GROSS REVENUE GOLF COURSE BOND.S BE IT RESOLVED by the Village Council of the Village of NeW Hope, Minnesota, as follows: Section 1. Recitals~. 1.01 The Village has negotiated for the purchase of a golf course in the Village to be operated as a public revenue-producing golf course at a purchase price of $202,800, and it is 'necessary that capital improvements be made to the golf course at an estim- ated cost of $2,690. The legal description of the property to be purchased is as follows: 1.02. By Minnesota Statutes, SeCtion 471.191, the Vi%lage is authorized to issue revenue bonds for the capital costs of obtain- ing a municiPal, golf course', and to pledge and appropriate the income and revenues to be. derived from the operation thereof to pay the principal and inter.est' :on the bonds when due and to create and maint&in a reserve for that purpose, as 'a first and prior lien on all 'such revenues received, and to make and enter into covenants for the security of the bonds. It is ne0ess~ry to issue bonds pursuant to th~s law in the amount of $230,000 for the purpose of paying the cost of the project described abave, including a capital- ization of $13,800 of interest during construction, an allowance of $4,500 for discount, and an item of $6,210 for incidental ex- penses. Section 2. ~G~oss ~Re'venUe Bo~ds. 2.01 The bands issued under this resolution shall be desi'gnated as Gross Revenue Golf Course Bonds, dated as of December 1, 1971, shall be 46 in number and numbered serially from 1 to 46, inclusive, each in the denomination of $5,000, and shall mature serially on December 1 in the years and amounts as follows: Ye ar Amount Ye ar Amount Year Arno unt 1973 $ 5,000 1978 $15,000 1983 $20,000 1974 5,000 1979 15,000 1984 20,000 1975 5,000 1980 15,000 1985 20,000 1976 10,000 1981 15,000 1986 25,000 1977 10,000 1982 20,000 1987 30,000 2.02 The bonds shall bear interest at the rate or rates speci- fied by the successful bidder. 2.03 Interest ~to maturity at the rate applicable to· each bond shall be represented by se'rially numbered interest coupons. The interest shall· be payabZe semiannually on June 1 and December 1 in each year, commencing on June !, 1972. 2.04 The bonds maturing in the ye.ars 1973 through 1982 shall not be subjeat to redemption bafore maturity, but those maturing in the years 1983 through 1987 shall· be each subject to~ redemption and prepayment at the option of the Tillage in inverse ~order of their serial numbers on Declember 1, 1982, and any interest payment date thereafter, at 101% of par plus accrued interest. Not less than thirty days before the date fixed for redemption of any of the bonds the Treasurer of the Village shall cause notice of the call thereof for redemption to be published in a financial newspaper in a Minnesota city of the first class ~or its metropolitan area, and to be mailed to the bank at which principal and interest are then pay- able; but published notice of redemption shall be .effective with- out mailing. 2.05 The principal of and interest on the bonds shall be payable at a bank to be designated by the successful bidder, in any coin or currency of the United St'ates which on the respective dates of payment is legal tender for publlic and private debts. The reasonabZe and customary charges 'of the paying agent shall be paid and accounted for as an operating cost of the facility. 2.06 The bonds shall be printed in substantially the follow- ing form: -2- UNITED STATES OF AMERICA STATE OF MINNE.SOTA COUNTY OF HENNEPIN VZLLAGE OF NEW HOPE GROSS REVENUE GOLF CO'URSE BOND No. $5,000 KNOW ALL MEN BY THESE PRESENTS that the Village of New HOpe, a duly organized pubIic corporation of Hennepin County, Minnesota, promises to pay to bearer, solely from the revenues ap- propriated and pledged to the Revenme Bond AccOunt and Reserve Account .of its Golf Course' Fund, as a first lien and charge upon the gross revenues 'from time to time received from the operation of its 'golf course facility, the' sum of FIVE THOUSAND DOLLARS on the 1st 'day of December, 19 , or if this bond is prepayabl.e as stated beIow, on an earlier date 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 the principal sum is paid or discharged or, if this bond is prepayabIe, until it has been duly called for redemption; such interest being payable semi- annually on June 1 and December 1 in each year, commencing on June 1., 1972, and interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest' coupons appurtenant .hereto. The principal ~f and in- terest on this bond are payable at , in , in any coin or currency of the .United States whi'ch on the respective dates of payment is legal tender for public and private debts. This bond is one of an issue in the total principal amount of $23.0,00.0, all of like date and tenor except as to serial number, inte~rest rate, maturity and redemption privilege, issued for the purpose of paying the cost of acquisition of a municipal golf course, pursuant to and in full conformity, with the provisions of the Constitution and laws of the State of Minnesota and the' home rule charter and reso'lutions of the Village thereunto enabling, including Minnesota Statutes, Section 471.191, and an authorizing resolution dated November 22, 1971. Bonds of this issue maturing in the' Years 1973'to 1982, inclusive, are not subject to redemption before maturity, bUt those' maturing in the years 1983 to 1987, inclusive, are each sub- ject to redemption and prepayment at the option of the Village in inverlse order of their serial numbers, on December 1, 1982, and -3- on any interest payment date ther. eafter, at ~,~.~ plus accrued interest. Not less than thirty days before the date specified for the prepayment and redemption of any bond the Village will cause notice of the 'call thereof to be published in a financial newspaper in a Minneso~ta city of the first class or its metropolitan area, and also to be mailed to the bank at whlich principal and interest are then payable, but said published notice shall be effective without mailing. The Villa'ge recites and covenants with the holder hereof that until this bond is fully paid or discharged as provided in said authorizing resolution it will maintain on its official books and records a separate and special Golf Course Fund, ~nto which it will pay as received all gross revenues derived from the golf course facilities to~ be 'owned and operated by the' Village and will maintain therein a separate and special Revenue Bond Account to which it has irr.evocably pledged and appropriated and will credit on the first day of each and every month, as a first lien and charge on all such gross revenues, a sum equal to not less than one-twelfth of the total sum of all principal and interest tm become due within the then next succeeding twelve months on all bonds payable from said account, including this bond; that except as provided in said reso~lution, the' Village will incur no other obligation payable from said revenues unless it is expressly made .subordinate to said pledge and appropri- ation; that the' Village will maintain and revise when necessary reasonable rates and charges for all services, products, use, and occupancy of the golf course facility in the amounts and at the time required ta produce the revenues pledged, and also sufficient to provide adequately for the operation and maintenance of the golf course facility; that the authorizing resolution cantains other covenants for the security' of this. band whlich will ba promptly and fully performed as stipulated therein; 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 ta be per. formed in order to make this bond a valid and binding spec[iai obligation of the Village ~according to its terms have been done,' do exist, have happened~ and have been performed as 'so required; and that the issu- ance Of this bound did not cause either the special or the general indebtednes's 'of the Village to exceed any constitutional or statutory 1 imit.~.t ioh ~ IN 'WITNESS WHEREOF the' Village .of New Hope, by. its. Village Council, has. 'caused this bond to' be executed in its. behalf by the' facsimile si'gnature of its Mayor reproduced hereon and the' manual signature of the' Vill'age Manager', .and bY a facsimile of the . Village"s 'official seal replroduced hereon, and has caused the' inter- est' ~coupons. appurtenant ~he'ret~o' and the' 'certificate appearing on the rever, se' 'side hereo'f to: be 'execUted and authenticated by the facsim- ile signatures, iof said officer, s,' .and has caused this bond to: be dated as 'of December 1, !971.' .... ,'. ~ ........ , · (Facsimile si'gnature) Village Manager Mayor '4-¸ (Form of Coupon) No. On the 1st day of Decemb'er. (J.una), !9 , unless the bond described below is subject to and has been duly called for earlier redemption, the Village of NeE Hape, Minnesota., will pay to bearer at , in , , out of the special fund and account designated in the bond described bellow, the .sum ~sh'own hereon in lawful money of the unite'.d States of America for interest-then due on its Gross Revenue Golf Course Bond dated December 1, 1971. (Facsimile signatur.e) (F.acsimile signature) Village Manager. Mayor (Form of cer.tificate to~ be printed on the .rever. se side of each bo.nd, following a full copy of the legal opinion on the iissue) We certify that the abave is a full, tmue and correct copy of the legal opinion rendered by bond counse'Z on the issue of bands 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 -5- 2.07 The Gross Revenue Golf Course Bonds shall be prepared for execution under the direct±.on of the Clerk and shall be exe'cuted on behalf of the Village by the reproduction thereon of a true and cor- rect printed, lithographed or engrave~d facsimile signature of the Mayor and the manual signature of the Village Manager, and by a re- production of a true and correct printed, lithographed or engraved facsimile Of the Village's official corporate seal. The interest coupons and the certificate on the reverse 'side of each bond shall be executed and authenticated by the facsimile signatures of the same officers, similarly reproduced. The Treasurer shall then cause the bonds to be 'delivered to the purchasers upon payment of the pur- chase price as agreed in the contract of sale heretofore executed, which is hereby .approved, ratified and confirmed. The purchasers shall not be .obligated to se'e to the application of the proceeds of the bands. Section 3. Addit~i~on~al~ ~e~enue Bonds. 3.01 If the Revenue Bond Account should at any time be insuffi- cient to pay the full amount .of interest and principal due on all bonds payable from that account, the' Village reserves th~ privilege of issuing refunding bonds to the amount necessary for the payment of maturing principal, which bonds shall be payabIe as to interest on a parity wi'th the then outstendin~ bonds payable from said account, but shall mature subsequent to the last maturity of such outstanding bonds~ provided that no bondholder shall be obligated to accept a refunding revenue bo.nd in exchange for any bond owned by him. 3.02 The Village also reserves the privilgge of issuing addi- tional bands which may be made payable on a parity as to both inter- est and principal with the then outstanding bonds payable from the Revenue Bond Account, provided that the net revenues received by the Village from the operation of its golf course facility during the last fiscal year preceding the issuance of such additional bonds, subject to adjustment as herein provided, have been not less than 125% of the maximum amount of pr±ncipal 'and interest to. become due in any future fiscal year of the term of the then outstanding bonds payable from the Revenue Bond Account, on those bonds and the addi- tional bonds to be issued. For the' purpose of this Section 3.02 the net revenues of the facilities in any fiscal year'are the gross revenues actually received from all sources for any services, pro- ducts, use and occupancy of the facilities during such year, less the amount of all expenses actually paid during such year which, in accordance With accepted accounting practice, constitute normal, reasonab!e and current expenses of the operation and maintenance of the facilities, excluding interest, depreciation, debt service, and replacements and improvements 'of a capital nature. For the purpose of this computation there shall be excluded from the revenues all income derived from invested funds and from the sale of capital assets, and all money, if any, derived from taxation and applied to the payment of costs of operation, maintenace, debt service, or any other costs of the golf course. However, if any annual amount of mill 'rate of taxes is irrevocably .pledged and appropriated, to the extent needed, for the operation and maintenance of the facilities, pursuant ~to any law effective at .the time of issuance of such' addi- tional bonds, to be available for this purpose~ throughout the term of such bonds, such amount, or the amount resulting from the exten- sion of such mill rate against tho assessed valuation of all tax- able property subject thereto as last finally equalized in the year preceding the issuance of the additional bonds, may be added to the net revenues of the then preceding fiscal year for the purpose of this ~Sec~ion 3.02. 3.03 Except as auth0riz~d in thi's ~Section 3, no additional bonds or other obligations of any kind will be issued and made pay- able from revenues of the' Village's golf course facilities, unless the pledge of revenues for the payment thereof is expressly made subordinate to the pledge and appropriation of such revenues by this resolution to the Revenue Bond Account and the Reserve .Account of the Golf Course Fund. Section 4. GOI~f Course ~und. 4.O1 The Village covenants with the holders of all bonds issued pursuant to~ Sec't'ion 2 and all ~future bonds issued pursuant ~to Sec- tion 3 that until all such bonds 'are fully paid or discharged as provided in this resolution it will maintain on its official books and records a separate and special Golf Course' Fund, into which it will pay as received all gross revenues derived from golf course facilities now or hereafter owned or operated by the iCity, and will maintain separate and special bookkeeping accounts in this fund to record all receipts and disbursements for the acquisition, better~ ment~ operation, maintenance and financing of said facilities, as provided in this 'Section 4. 4.02 The proceeds of all such bOnds (~.xcept accrued interest, capitalized interest ~and unused discoUnt) shall be credited to the Capital Expenditures Account and used only to pay expenses which under accepted accounting practice constitute~ capital costs neces- sarily incurred for the acquisition and bett~erment of golf course facilities~ except that any balance determined by the' Village Council not to be 'needed for this 'purpose shall be transferred to the Revenue Bond AccoUnt.~ 4.03 To the Revenue Bond Account the Village irrevocably pledges and appropriates and will credit on the 'first day of each and .eVery month, b~ginning on' Dec'ember 1, 1972,. as a first lien and charge on all gross revenues of its golf coUrse facilities, a sum equal to not less than one-t~eilfth Of the total sum of all principal and interest'-ta bacome idue ~ilthin the .then next succeeding twelve months on all bonds payable from said account. There shall also be credited to· this account .the~iaccrued interest and unused premium, if any, paid by the Purchaser of said bonds, and also the capital- ized interest in the amount ~of $13',$00 included in the bond issue. -7- The Rewenue Bond Account shall' be us.ed only to pay interest and principal due on bonds made payabIe therefrom in accordance with the provisions of Section 2 or Sect'ion 3 of this resolution and the balance therein on each payment date shall be Use'd first pro rata to pay the interest then due on all of said bonds, and then to pay the principal of the matured bonds in order of their maturity dates, and in order of the dates of issue of bonds maturing in the same date, and in order of the serial numbars of bonds issued and matur- ing on the same dates. 4.04 Revenues 'from time to time received in excess of the monthly requirements of the Revenue Bond Account shall be credited to' the Operating AccoUnt, at the times and in the amounts required to. pay promptly as incurred and allowed all expenses which in accordance with accepted accounting practice constitute current, reasonable and necessary costs of the operation and maintenance of the Village's golf course facilities, and money in this account shall be used for no other purpose. Ta this account shall also be credite~d, so far as headed, any funds other than revenues which shall be appropriated by the~ ~fillage Council for this purpose. 4.05 Ail revenues recei~vad from t~me to time in excess of the current ~requirements stated in Secti.on 4.01 to 4.04, inclusive, shall be credited to~ a separate 'and special Reserve Account in the Golf Course Fund, until there has baen accumulated therein a ha!ance equal to. the average amount of principal and inter.est to become due on bonds payabIe from said Revenue Bond Account in any year of the stated term of such 'brands. Money in this account shall be used to supply any deficiency in the revenues availabIe in any month for deposit in the Revenue Bond Account in accordance with Section 4.03.. The Reserve Account shall be use'd for no other purpose .than as stated in this Section 4.05. Whenever the balance in the Reserve Account is less than herein provided, it .shall be increased to the amount required by the credit to the Reserve Account of revenues then on hand in the Replacement and Improvement Account and, to the extent necessary, by the ~credit of the next revenues thereafter received from the operation of the golf course facilities, in excess of the monthly requirements of the Revenue Bond Account and the amounts required for operation and maintenance expenses actually due and payable. 4.06 Ail revenues and other funds ~from time to time received in excess of the current requirements 'stated in Secti'ons 4'.01 to 4.'05, inclusive,. ~shall be credited to the Replacement ~and Improve- ment Account, and this account ~shall be Used solely to pay .the' coSt of necessary replacements, capital improvements and acquisi- tions of golf coUrse facili~i.es;' eXcept .t,h~'t. (a) all' revenues from time to. time 'on hand in :this account shall be. available and shall be'. use'd to' supply deficiencies. in meeting the requirements of Sections 4.01 ~ai.~'.05, .inclusive, and (b') revenues and other funds 'frem time to time accruing to the RePlacement and Zmprovement Account in exces's of these' requirements may be. appropriated and -8- pledged to funds for the payment of revenue bonds to~ be issued for acquisition and betterment ~of golf course~ ~acilities, other than bonds payable from the~ Revenue Bond Account created by Section 4.03. 4.07 Ail ravenues and other funds described in this Section 4 shall be deposite~d in a suitabZe bank or banks designated by. the Village Council and qualified as a deplository of public funds; except that funds in excess of cash payments'immediately due for the pur- poses set forth in this Section 4 may under the direction of the Village Council be invested in securities of the kinds described in Minneso'ta Statutes, Section 475.66. Money in the Capital Expendi- tmres ~ccount~ the Revenue Bond Account and the Rese'rve Account shall be invested only in securities whi~ch are general obligations of the United States, or securities as ~to which the United States guaran- tees the payment of principal and interest. Securities purchased for the Capital Expenditures Account and the Revenue Bond Account shall mature at the times and in the amounts when funds are estim- ated to be needed for payment to be made from said accounts, and in no event shall mature later than one year from the date of invest- ment. Section 5. Ad'diti~onal ~Co'venants. 5.01 The Village also covenants with the holders of all bonds issued pursuant to ~e. ctions 2 and 3 that until such bonds are fully paid or discharged as provided in this resolution the Village and all of its officers and employees will fully and promptly perform all additional acts and things agreed in this Section 5. 5.02 The Village will cause proper and adequate books and records of account to be kept, reflecting all receipts and disburse- ments relating to the acquisition, betterment, operation and mainten- ance of its golf course~ facility and the payment of said bonds and interest, which bo.oks and records shall be open to inspection and copying at all reasonable times by the holder of any bond or his agent or attarney, and will without cost furnish copies of any por- tions thereof reasonably requested by any bondholder. It will cause said books and records to be audited annually by a certified public accountant~ within 90 days after the close of each fiscal year, and will furnish a copy of such audit without .cost to the underwriter of each issue of bonds hereunder, and will furnish a copy 2f each balance sheet and annual operating statement included therein with- out cost to any bondholder requesting the same. 5.03 The Village will at all times impose and collect rates and charges for all services, products, use and occupancy furnished and made available by and through its golf course facilities, in accordance with schedules such that the revenues derived therefrom in each year will equal not less than 1.25 times the sum of (~) the principal and interest to become due and payable from the Revenue Bond Account in such year, (b.) all current, reasonable and necessary costs -9- of the operation and maintenance of the facilities in the isame year and (C)~he Principal and intel?est 'tol become due in the same iyear on obIigations incurred for the acquisition and betterment of such faci!ities~ other than bonds payabIel from the Revenue Bond Account. Said rates and charges will be revised wheneverl necessary for these purposes. 5.04 The Village recognizes its obligation under Minnesota Statutes, Section 471.191, to provide in its budget each year for any anticipated deficiency in the revenues available for operation and maintenance of the golf course facility. It will each year, at ~the 'time of consideration of the following year's budget, review the operating results of the golf. course facility during the last previous year and during the current year and on the basis of such operating results and all other relevant facts determine whether any deficiency such as 'above described is to be anticipated. If it will include in the budget an amount equal to such deficiency, which shall be provided by taxation or such other means as the Council shall determine. 5.05 The Village will own and operate its golf course as a revenue-producing public utility and convenience, and will maintain all of its golf course facilities free from all liens and in good and efficient operating condition. The Village will not sell or otherwise dispose of any of the property described in paragraph 1.01 of this resolution unless it is not used for or necessary to the operation of the golf course~ and then only at its fair market value, the proceeds of such sale or other disposition to be used to procure other capital assets of equal utility in the operation and mainten- ance of the municipal golf~ course facility or to pay bonds payable from the Revenue Bond Account~ provided, however, that the Village may set aside such portions of the property not used for or neces- sary to the operation of the golf course for other municipal uses, but only if the fair market' ~alue of the property as set aside is applied by the Village out of funds other than the 'Golf Course Fund in the same way as the proceeds of a sale or other disposition to~ other parties. 5.06 The Village will procure and keep in force at all times fire and extended coverage insurance on its golf course facilities, and insurance protecting against loss or damage from all other causes against which insurance is custo~marily carried by prudent owners of similar properties. The amount of such insurance shall at no time be less than the fair market value of all buildings and contents 'situated upon the property described in paragraph 1.01 hereof or such portion thereof as is us.ed for a municipal golf course. The Village will also procure and keep in force business interruption insurance whi'ch, to the' extent procurable, shall be sufficient to pay principal and interest to become due on all bonds issued under and pursuant to thins resolution, during any period of interruption of the Village's use and accupa~ion of its golf course facilities. The Village will also procure and keep in force insur- ance against liability for injury to or death of persons and damage -10- to property from its operation of its golf course facilities, in amounts at least equal to the limitations upon such liability which are provided by law. The proceeds 'of all insurance against loss or damage of the golf course' facilities shall ba used to repair and restore the loss or damage, or in the discretion of the Council may be used to pay, prepay and redeem bonds issued under or pursuant to this resolution, provided that such proceeds are invested to in- sure the maximum return until such bonds may be paid or prepaid in accordance with their terms. 5.07 The holders of 20% or more in aggregate principal amount of bonds issued under and pursuant to this resolution which are at any time outstanding may, by suit, action or other proceedings at law or in equity, protect and enforce the rights of all holders of such bands 'and enforce and compel the performance of any and all of the covenants and duties required by this reso-lution to be performed by the Village Council and its officers 'and agents~, including the fixing and maintaining of sufficient rate.s and charges for the ser- vices, products, use and occupancy of the golf course and the appli- cation and use of the revenues derived ther.efrom. Section 6. Defeasance. When all revenue bonds issued under and pursuant to this reso- lution and made payable from the Revenue Bond Account, and all coupons ~a_~pertaining thereto, have baen discharged as provided in this sec~lo~ all pledges, covenants and other rights granted by this reso'lution to the holders ~f such bonds shall cease. The Village Council may discharge all bands ~and coupons which are due on any ~ate by depositing with the .paying agent or agents for such bonds ~on~or before that date a sum sufficient for the payment thereof in full~ or if any bond or coupon shall not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The 'Council may also discharge any prepayable bonds which are called for redemption on any date in accordance with their terms, by depositing with the paying agent or agents on or before that date an amount equal to the principa!, interest and redemption premium, if any, which are then due there- on, provided that notice of such redemption has been duly given as provided in the reso~lution authorizing such bonds. The Council may also at any time discharge any issue of such bonds in its entirety~ subj.ect .to the provisions of law now or hereafter auth- orizing and regulating such action, by calling all prepayable bonds of such issue for redemption on the next 'date when they may be prepaid in accordance wi~h their terms, by giving the notice re- quired for such redemption, and by depositing irrevocably in escrow, wi'th a bank qualified by law as an escrow agent for this purpose, cash or se'curities which are genera~ obligations of the United Statas or securities of United States agencies which are authorized by law to be so deposited, bearing inte~rest payab!e at such times and at such rates and maturing on such dates as shall be required to' provide funds sufficient to pay all principal, interest and redemption premiums to become due on all bonds of the issue on and before said redemption date. -11- Section 7. ~[e'gistr~at'i~On of' B'o~ds' an'd '~uthanti'clat'i~on of Transcript. The'Village ~CIerk is authorized and direct.ed to cause a copy of this resolution to be filed with 'the County Audit'or of Hennepin County, and to obtain from said County Auditor a certificate that the bonds issued pursuant to Section 2 hereof have been duly entered upon his bond register.. The 'Village 'Clerk and other officers of the' Village and County are also authorized and directed to prepare and furnish to the purchaser of the bonds described in Section 2, and to the attorneys'approving the legali'ty thereo'f, certified copies 'of this 'reso'lution and of all other resolutions, proceedings and records of the Village relating to the authorization and issu- ance of said bonds, and all other pro.ceedings and records reasonably required to show the validit~ or marketability of the bands; and all statements 'contained in such documents shall be deemed repre- sentations of the Village of New Hope. Secti:on 8. Repeal of Inconsistent Resolutions. Ail resolutions and other acts and proceedings of the Village Council and the Village of New Hope which may be in any manner in- consistent with the terms and provisions of this resolution are repealed or rescinded or amended to'the extent 'necessary to give full force and effect .to the provisions of this resolution. The motion for the adoption of the foregoing reso'ltuion was seconded by Councilman , and upon roll call there were AYES and NAYS,~ as follows: AYE: NAY: whereupon said reaolution was declared duly passe'd and adopted. The Village Manager presented affidavits of publication of the notice of sale of $230,000 Gross Revenue Golf Course Bonds of the Village, which affidavits were examined, approved and ordered filed. The Village Manager then announced that he had received bids for the purchase of said bonds at 2:00 P. M., which had been opened and found to be as follows: Interest Purchase Net Interest Name of Bidders Rates Price Cost and Rate SEE ATTACHED SHEET Councilman Richard Plufka introduced and moved the adoption of the' 'following resolution: RESOLUTION 'AWARDING SALE OF $230',000. iGROSS REVENUE GOLF COURSE BON~S BE IT RESOLVED bY the 'Village Council of the Village of NeW Hope, Minnesota, that the bid of Juran & Moody, Inc. , of St. Paul , Minnesota , and associates, to purchase $230','.000. Gross Revenue Golf Course Bonds of the Village to be dated December 1, 1971, at ~a price $225,800.20 and accrued interest, bonds maturing in the years set forth below to bear interest at the respective 'rates per annum set ~forth opposite isuch years: Maturity Years 'I'ntereSt R~at~e 1973/1~79 5°25% 1980/1981 5°60% 1982/1983 5°90% 1984/1987 6.00% principal and interest to be payable at The American National Bank and Trust Company of St. Paul , in St. Paul , Minnesota , and to be issued' in accordance with the notice of sale heretofore duly :pubI.ishe'd, is ~her'eby found and declared to be the most ~favorable bid received pursuant to published notice of sale of said bands, and is hereby, accepted. The 'Village .Clerk lis directed to retain the igood faith check of said successful bidder, and to return all other good faith 'checks forthWith.' The Mayor and Village Manager shall' forthwith endorse the' bid of the successful bidder to show its' acceptance by the Village, and deliver a coPy thereof to the successful bidder. The. motion for the 'adoption of the' foregoing resolution was seconded by Councilman Merle Johnson , and on roll call there were four AYES and no NAYS, as follows: AYE::' Edward Erickson, Lo Wo Hokr, Merle Johnson, Richard Plufka NAY: n one whereupon said resolution was declared duly passed and adopted. CERTIFICATION 0F MINUTES RELATING TO $23.0,000 GROSS REVENUE GOLF COURSE BONDS Issuer: Village of New Hope, Minnesota Governin~ body: Village Council Kind, date, time and place of meeting: a special meeting held in the Council Room in the Village Hall on December 1, 1971, at 6 P.M. Members present: Edward Erickson, Merle Johnson, L. W. Hokr, Richard Plufka Members absent: .Charles Bosacker Documents attached: Minutes of said meeting (pages): 2 I, the undersigned, being the duly qualified and acting record-~ ing officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the ori- ginal 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 documents approved by the governing body at said meeting, so far as tksy relate to said bonds; and that said meeting was duly held by the governing body at the time and plac~ and was attended throughout by the members indic~3~ted above, pursuant to call and notice of such meeting given as required by law. ~ WITNESS my hand officially as such recording officer this 1st day of December , 1971. ~ Signature (SEAL) Betty Pouliot~ Villa_~Clerk ~Fm ~-~ -a-~d Titl~ BIDS RECEIVED AT SALE DECEMBER It 1971 RE: $£~0,000 GROSS REVENUE GOLF COURSE BONDS VILLAGE OF NEW HOPE~ ..MINNESOTA NET INTEREST ~_r.~.~DERS ADDRESS ' RA .T,E PRICE COST & RAT~ JURAN & MOODYt INC. St. Paul 1973/79-5, 25% $225,800.20 $150,949.80 E. ~o Prescott & Co, Minneapolis 1980/81-5.60% 5.9900% Paine, Webber, Jackson&Curtis Minneapolis 1982/83-5.90% 1984/87-6.00% PIPER, JAFFRAY&HOPWOOD Minneapolis 1973/74-6.00% $225,500.00 $160,455.00 19'/5/78-6.10% 6, 3673% 1979/87-6. 20% RESOLUTION URGING PARTICIPATION BY METROPOLITAN COUNCIL OF THE TWIN CITIES IN FUNDING A RECODIFICATION OF ALL LOCAL CRIMINAL AND TRAFFIC CODES IN THE HETROPOL ITAN AREA WHEREAS, there is a multiplicity of local governments in the seven county metropol iran area, and WHEREAS, each community maintains separate codes for criminal and traffic offenses which creates a situation of non-uniform law enforcement among municipal jurisdictions, and WHEREAS, it appears extremely desirable to modernize and reorgen i ze such codes on a comprehens i ye, un i form bas i s for the benefit of the citizenry and law enforcement agencies, and WHEREAS, the Metropol iran Council of the Twin Cities has aCCess to funds provided by the Law Enforcement Assistance Administration for such worthwhile projects, therefore BE IT RESOLVED by the Village Council of the Village of New Hope that the Metropot iran Council is hereby requested to study and urged to fund a comprehensive, uniform recodification of all traffic and criminal codes in the l~etropolitan area. Adopted by the Vii!age Council December 13, 197i. ~×/ Edward'J', Erickson ....... Attest: ~Pou I i°t Vii lage Clerk-Treasurer ~~IO~ A?PROVI]~ I~'~D 1~1 TAX LE~, CO~ ~ ~2 AND 'AUTI~Zr~ CEHTIFICATION TO T~E OOUN~ AUDIT(~ W~AS, the State Legislature has passed legislation necessitating the recerttfication of the 1971 tax levy cc~lectibXe in 19~2 for the Village of New Hope so as to cc~pl~ with the statutory limitations, BE IT RESOLVED by the Village Council of the Village of New ~ope, County of ~ennepin, Minnesota, that the foLlo~d~g of ~oney be levied for the current year, collectible in 1~72 ~on the taxable property in the Village of New ~ope, for the purposes: General Fund Debt ~er~ce 1961 Municipal Building Bonds $ 7,~)0 1963 Park Improvement Bonds 12,5A8 1965 Swimming Pool and Park Bonds 6,700 1968 Park Improvement Bonds 1969 Park Improvement Bonds Contributions to Firemen' s ~lief Association 25,961 PubLic Empl~' s ~tirement Association and Social Security Contributory Share 61,386 Poor Fund 6,~ Provision has been made by the ViLlage of New tlope £or ~t of any additional snounts needed in eamess of $61,386 as ~ho Villageel con%ributory sha~e to the Public Employee's Retiremont Fund, as provided for in Minnesota Statutes Annotated, Sec%io~ 3~3.0~ e~ seq. No Further levy in excess of the $61,386 ~ited above ia required The V~l~e Olerk is her~b~ inotru~te~ t~ ~lnmmt~ & ~ oop~ of this resolution to the County Auditor of Nennepin Minnesota. Adopted by the Village Council on December 27, 1971. A%test: ~_ ~ Ponl.io[ Village Clerk-Treasurer ~Tax,Department Determination of Local Government ,Fo~m 27~ Levy Limitations for 1971/1972 '~ .... =~ For Governmental Subdivision C6pies to be filed with the Commissioner of Taxation and CountW Auditor Name of County, City, Village or Town (identify') Date of Certification Hermepin, New Hope, Village 'December 27, 1971 l. Total 1970/197l Levy on Taxable Value Exclusive of Special Assessments $63~,959.~3 2. Deduct: 'Special Levies (a) Welfare AidS $ 7,000.00 (b) Bonded Indebtedness $103~259.35 Total Special Levi es $110,259.35 3. Add: 1971'Aids (a) 1971 Exempt Property Reimbursement (Exclude allocation to welfare aids and bonded indebtedness special levies) $ ?,05~.?~ (b) 1971 Sales Tax Per Capita Aid (Exclude allocation to welfare aids special levy) $163,/+51,/+3 Total t971 Aids $170~06.17 4. Total 1970/1971 Tax Levy less Special Levies plus Aids (Item 1 less .Item 2 plus Item 3) $695,206.25 5. 1970 Population ~3~ 6. 1970/1971.Levy Limit Base Per Capita (Item 4 divided by Item 5) $ 29,99. 7. .1971/1972 Maximum Per Capita Increase (Item 6 times 6%) $ 1.80 8. 1971/1972 Levy Limit Base Per Capita (Item 6 plus Item 7) $ 31.79 9. 1971 Population 2~,8"/8 ~ mo. Total 1971/1972 Levy Limit Base (Item 8 times Item 9) $ 790,8~9.13 ~ '~:i~ii Il. Deduct: 1972 Aids (a) Local Government Aid (Ex. Session L. 1971, Ch. 31, Art. 21), (From form 276) $ 30/.,...272.,q.2 ~ ~ (b) Taconite Municipal Aid (Ex. Session L. 1971, ~ Ch. 31 Art. 30) (From form 281) $ c~!j (c) Taconite County Aid (Ex. Se.ss'ion L. 1971, - ~ Ch. 31, Art. 30), (From form 282) $ .L:~ Total. 1972 Aids:(a) plus (b) plus (c) $ ~0k.:~72./.,2 i~~'~ 2. .~971/1972 Overa-ll Levy Limitation Exclusive of Special Levies and ~i'!i~ Special Assessments (Item 10 minus Item ll) $ 4~6:.~86.?1 ~?~ %ax Department' COUNTY,. CITY, VILLAGE' OR TOWN WITH VILLAGE POWER F6?~i' 2_81~ ' -, AUTHORIZED 1971/1972 LEVY Copies to !be filed with the Commissioner of Taxation and Co~nty Auditor Name of CountY, City, Village or Town (identify) I Date of Certification Hennepin~ New. Hope, Village I' December 27, 1971 -A-~.~_.,otal 1971/1972 levy On Taxable Value (before homestead credit reduction and excluding special ~ssessments B~ ..'Deductions' (special levies outside overall levy limitation) (1) Amounts to Satisfy Judgments (a) $ (b) $ (2) Costs of Complying with Orders of the State of Minn., U. S. Govt'. or with Laws of the 1971 Minn. Legislature Requiring An Activity Resulting In Increased Expenditures (a) $ (b) $ (c) $ $ (3) Amounts For Increased Public Pension PTan Support Due To Enactments Of Law Prior To July 1, 1971 and Effective Thereafter $ 2,309.1~ '4) Amounts For'Volunteer Firemen's Relief Assn. Resulting From Laws ~971, Chapter 261, Section 2 $1~,735,00 (5) Excess' Over Calendar Year 1970 Expenditures For Local Share Of Programs Authorized By Law Where Matching Funds Have Been Appropropiated By the State of Minn. or. the U. S~ Govt. (a) $ (b) $ (c) $ $ (6)Expenses Reasonably and Necessarily Incurred In Preparing for or Repairing the Effects of A Natural Disaster (a) $ (b) (c) $ $ (7) Unreimbursed Costs of Welfare Aids Under Minn. Statutes (a) Aid to the disabled $ (M.S. 1969, S. 245.2l to 245.43) (b) Old ~age assistance $ " (M.S; 1969, S. 256.11 to 256.43) (c) Aid to the 'blind $ (M~S,.'.1969, S. 256.49 to 256.71) (d) Aid to families with dependent Children $ (M.s..1969, S. 256.72 to 256.87) ~: Ta.x -Department Fo*rm 2'80' (e) Medical Assistance $ ~ .... (M.S. 1969, Ch. 256 B) . (f) Poor Relief $ 6.000.00 $ 6,000.00 (M.S. 1969, Ch. 261, 262'and 263) (8) Costs of Principal and Interest on Bonded Indebtedness .$115,?/+8.00 (9) Costs for Removal of Condemned Property Under Extra Session Laws 1971 Chapter 31 Art. 28 $. Total Special Levies $ 3J+0~792.15 '1 C. P.ropert~ Tax Authorized Within Levy Limitations (Section A minus Section B) $ ~86,585.85 I D. .Certification That Property Tax Levies Are Authorized Within Levy Limitations (Name 6f Tax Official) (Titl~ bf Tax-Official) (Name o~f Taxing District~ ' linnesota, do hereby certify that the authorized property tax as shown in Section C of this Form 280 is correct and within levy 1-imitati~: for said taxing district~ Witness my hand and official .seal at ~//.~ /jZ~Z~ ~ , Minnesota, this .~i~ day of~.~.~y~ , 19.~/ {~a~lax Official) (Titld of Tax Official) ~mame ~f Taxing District~ RESOLUT I ON REAPPROPR! AT I NG REVENUES AND EXPENDITURES I N 1971 OPERATtNG BUDGET WHEREAS, the Village of New Hope operating needs have resulted in some expenditues in excess of amounts originally appropriated for 1971 and WHEREAS, expenditues in some areas of Village service were lower than originally anticipated, and WHEREAS, there is a need. for the Village Council to formally recognize these changes, NOW THEREFORE, BE IT RESOLVED by the Village Council of New Hope. that the fol lowing additional amounts are hereby appropriated to cover increased expenditures within departmental budgets as indicated and that ~he Vi I lage Manager is hereby directed to use these funds and those from departmental budgets in which there is a surplus to cover the accounts from which expenditues have been made in excess of original budget amounts: APPROPRIATIONS Added 1971 Funds I. Mayor and Council $ 60.00 2. Courts 8,250.00 3. Clerk 7,300.00 4o Accounting I ,300.'00 5. Lega I 8 ~ 136. O0 6. Planning and Zoning 60.00 7. Village Hall 4,100.00 8. Fi re 2,450.00 9. Engineeffing 4,800. O0 I0. Snow and Ice 3,525.00 II. Signs 850.00 12. Street Lighting 1,575.00 13o Weed Eradication 390.00 14. Health Officer 680.00 15. Park 10,980.00 Approved this 30th day of December, 1971, on morton by Councilman ....... /V~/F~ , second by Counci Iman /~/~..F~C~. ..... . Voting in Voting against: Absent: Motion carried. S i gned \ ATTEST: - ~rk_Treasur~r RESOLUTION ADOPTING BUDGET FOR THE VILLAGE OF NEW HOPE FOR THE YEAR 1973, AND ESTABLISHING TAX LEVY FOR THE YEAR 1972 PAYABLE IN 1973 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 1973 is hereby adopted as hereinafter set forth and the funds are hereby appropriated therefor: GENERAL FUND General Government Mayor and Council $ '16,887 Village Manager 32,314 Courts 19,650 Elections and Voters Registration 9,408 Municipal Clerk 115,490 Assessing 38,865 Accounting 37,800 Independent Accounting 2,475 Legal 10,125 Civil Service Commission 3,500 Industrial Commission 805 Human Relations 700 Youth Commission 900 Planning and Zoning 3,635 Municipal Building 34,115 Total General Government $326,669 Public Safety Police Protection $368,253 Fire Protection 79,348 Protective Inspections 53,818 Civil Defense 250 Animal Control 16,095 Total Public Safety $517,764 Public Works Engineering $ 7,500 Streets and Alleys 119,152 Snow and Ice Removal 16,750 Traffic Signs, Signals and Markings 6,581 Street Lighting 23,000 Total Public Works $172,983 Sanitation and Waste Removal Storm Sewers $ 29,820 Weed Eradication 1,500 Total Sanitation and Waste Removal $ 31,320 Public Welfare Conservation of Health $ 10,531 Environmental Commission 450 Total Public Welfare $ 10,981 Recreation Recreation $ 137,324 Parks 166,974 Total Recreation $ 304,298 Other Functions $ 6,000 TOTAL GENERAL FUND $1,370,015 POOR FUND $ lO,O00 TRUST AND AGENCY Firemen's Relief Fund $ 30,642 PERA and Social Security 73,402 Total Trust and Agency ~ $ 104,044 BOND AND DEBT SERVICE FUND 1961 Municipal Building Bonds $ 7,100 1963 Park Improvement Bonds 12,382 1965 'Swimming Pool and Park Bonds 16,500 1968 Park Improvement Bonds 31,800 1969 Park Improvement Bonds 48,200 Bond No. 29 1,300 Bond No. 40 12,000 Bond No. 41 45,000 Total Bond and Debt Service Fund $ 174,282 TOTAL TAX SUPPORTED FUNDS $1,658,341 Section 2. Estimated receipts other than general tax levy are hereby established as herein set forth: G[NERAL FUND Penalties and Interest on Taxes $ 17,000 Mortgage Registry 7,500 Licenses and Permits - Business 13,831 Licenses and Permits - Non Business 45,119 Court Fi t~evenue l rorll Use of Money and Property I,$31 Shared Taxes 414,545 Grants 6,200 Current Charges 32,045 Transfers - Clerical 25,000 Liquor 60,000 Admi nis trati on 8,500 Uti 1 ity 243,000 Refund - Animal Control 6,100 Total General Fund $935,671 TRUST AND AGENCY Fire Insurance Rebate $ 14,000 TOTAL ESTIMATED RECEIPTS $949,471 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 $443,208 For the Poor Fund 10,204 For the Fireman's Relief Fund 16,974 For the PERA and Social Security Fund 74,870 For the Debt Redemption Fund 174,282 Section 4. This resolution shall be in effect from and after its adoption and any expenditures in addition to those herein appropriated shall be made only after approval is given by at least four Council members. Adopted this 25th day of September, 1972. Be~Fty ~J~o ul i ot Village Clerk-Treasurer Charles Bosacker, Councilman Merle Johnson, Councilman Lee W. Hokr, Councilman Richard Plufka, Councilman