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Home My WebLink AboutCC 11-30-1970 , .. "'1 .,- J .~ . ~ MINUTES OF REGULAR COUNCIL MEETING VILLAGE OF ARDEN HILLS Monday - November 30, 1970 - 8:00 p.m. V III age Ha II ea I n to Order The meeting was called to order by Mayor Crepeau at 8:00 p.m. Rol n Call Present: Mayor Henry J. Crepeau, Jr., Councilmen John Hollenhorst, E. Gray Henderson and Ronald Herrick Absent: Councilman Stanley Olmen Also Present: Planning Commission Chairman Larry McGough, Public Works Committee Chairman Roger Reiling, Clerk Administrator Lorraine Stromquist, Attorney Vincent P. Courtney, Treasurer Worth G. Read, Fiscal Agent Peter Popovich, Engineer Donald Lund, Maintenance Supervisor Everett Beecher and Assistant Clerk Dorothy Zehm Approval of Minutes . The Minutes of the Regular Council Meeting of Nov. 9, 1970 and the Speclal Counel I Meeting of Nov. 10, 1970 were approved as presented. Supplemental Assessment Hearln~ - Sanitary Sewer 12-13 Mayor Crepeau opened the hearing at 8:05 p.m. (Minutes attached). The hearing was closed at 8:47 p.m. after It was determined that all adjustment requests received had been presented. : Burning Permit Request - Arthur Hage Construction Co. Mr. AI Kehr, representing Arthur Hage Construction Co., requested a permit to burn underbrush on the construction site of the proposed office building at the southeast corner of County Rd. F and Hemline Ave. The Council unanimously denied the Burning Permit Request; ad- vising that all debris must be hauled away; outdoor burning Is prohibIted in Arden Hilis. BUSnNESS FROM THE FLOOR Case No....70-30. Prel'mlnary Plat - Mr. Joe Bussard Consideration of the Preliminary Plat was referred to the Planning Commission for Its recommendations to the Council. Assessment Guidelines Request - Mr. Alex Chvestvlk Mr. Alex Chvestvlk, 2047 Thom Dr., requested guidelines for determination of property assessment. Mr. Chvestvlk was requested to see Clerk Administrator Stromquist or Engineer Lund for the requested Information which Is available at the Village Hall. . REPORT OF ATTORNEY VINCENT P. COURTNEY , Sanitary Sewer. Easements Attorney.Courtney reviewed his letter of Nov. 12, i970 and Informev the Council of the status of pending easements. Arden Hills - New Brighton Property Transfer . Attorney Courtney advl~ed the Council that New Brighton adopted a RESOLUTION TO DETACH CERTAIN LANDS FROM THE VILL~GE OF NEW BRIGHTON FOR PURPOSE OF ANN EXATI ON OF SUCH LANDS BY THE V ILlAGE OF ARDEN HILLS AND TO ANNEX CERTAIN LANDS TO THE VILLAGE OF NEW BRIGHTON WHICH LANDS ARE.TO BE DETACHED FROM THE VILLAGE OF ARDEN HILLS, on Nov. 24,1970. (AttaChed) Attorney Courtney read a companion resolution, and It was moved by Councilman Henderson and seconded by Councilman Hollenhorst that a RESOLUTION TO DETACH CERTAIN LANDS FROM THE VILLAGE OF ARDEN HilLS FOR PURPOSE Of ANNEXATION OF SUCH LANDS BY THE VILLAGE OF NEW BRIGHTON AND TO ANNEX CERTAIN LANDS TO THE VILLAGE OF ARDEN HILLS WHICH LANDS ARE TO BE DETACHED FROM THE VILLAGE OF NEW BRIGHTON, be adopted, 1. authorizing execution of the agreement by the Mayor and Clerk Administrator. motion carried unanimously. . . An agreement between New Brighton and Arden Hills, prepared by Attorney Courtney was read. Councilman Henderson moved approval of the a~ree- \/ "\ent, as attached, and execution by the Mayor and Clerk Administrator; ~.~~ lconded by Councilman Hollenhorst; motion carried unanimously. \ ! ../ ./ ~- _.~------ ._~- - -~_.__.--_._- - , " . . .- . . Minutes of Regular Council Meeting November 30, 1970 Clerk Administrator Stromquist was requested to dellver a copy of the agreement to New Brighton and to Attorney Copeland, to expedite its approval by New Brighton. Zoning Ordinance Amendment Attorney Courtney was requested to prepare the Zoning Ordinance amendment In finai form for Counc II action on Dec. 14, 1970. REPORT OF ENGINEER DONALD lUND Preliminary Studies - Charge Procedure Engineer Lund reviewed his letter of Nov. 6, 1970 suggesting various ways that costs of preparation of preliminary reports could posstbly be charged against properties; stating that he sent a copy of his letter to Attorney Courtney for consideration. Trunk Highway Turnback After review of Engineer lund's letter of Nov. 6, 1970, it was moved by Councilman Hol ~enhorst and seconded by Counellman Herrick that Council approve the turnback of Cleveland Ave. from the State to the County, as outjlned. Motion passed unanimously, Snelling Avenue Reconstruction Engineer Lund explained the proposed reconstruction of Snelling Ave. from Arden Place north to Highway 10, by Ramsey County. Public Works Chairman Roger Reiling advised the Council that the Public Works Committee recommends the reconstruction as soon as possible. Recommendations from the Piannlng Commission were requested for Councl I consideration. Engineer Lund stated that his office Is not recommending the reconstruction at this time, merely explaining the proposal. The Council withheld action until the Planning Commission recommenda- tions are submitted. Mas'ter Meters Engineer Lund reviewed a letter from Rosewll I~ dated Nov. 12, 1970~ regarding the master meters between Rosevllle and Arden Hills; advising the Council that the Metro Sewer Board will take them over on Jan. I , 1971. Lak~shorePjace - Altern.te Sewer Line Proposal Engineer Lund explained that a one-lot low area could best be served by an alternate sewer n ne to the rear of the propert I es a long Lakeshore Place; staTing that the lot can adequately be served by the present sewer II ne I f the lat Is fllled to The grade of adJaeent lots. No action was Taken by the Council. State Aid Street Report Engineer Lund advised the Council that Chairman Roger Reiling has advised him that the Public Works Committee has recommended approval of the STate Aid Street System Plan (Revised Sept. 1970) . If was moved by Councilman Hollenhorst and seconded by CounCilman Herr1ck that the Council adopt the resolution (attached) adoJtlng the State Aid Street SYSTem; motion carried unanimously. Engineer Lurid was requested to prepare the resolution In final form, . as adopted. REPORT OF VILLAGE TREASURER WORTH G. READ Treasurer Worth Read orally reviewed the Village Investments and expenditures over the past month; advising the Counc!"1 that Interest rates have dropped noticeably. REPORT OF COUNCILMAN JOHN HOLLENHORST - Planning & Zoning e Chairman Larry McGough presented the Planning Commission report: -2- , Minutes of the Regular Council Meeting November 30, 1970 , . . Case 70-36, Special Use Permit Request for Construction of a Lodge _ I .O.O.F. The Planning Commission recommends denla! of the Special Use Permit because the proposed use would be dexrlmentaU to the convenience and safety of the community, and that ,It couid present traffic congestion or hazards; a lodge is not considered to be a permitted use In a residential area. Severa I St. Paul lodge No.2, I.O.O.F., were present and requested Council approval of the Specia! Use Permit for the new lodge, namely Mssrs. Martin, Beck, Hanson, Smith, Horton, Swangstua. (Mr, Hanson and Mr~ Smith also own property adjacent to the lodge property on Lake Josephine). Mr. Edward Sheperd, also a member of the lodge, spoke In opposition to the permit request~ Councilman HoiUenhorst referred to Attorney Courtney's letter and opinion dated Sept. 8, 1970 which stated that the lodge application is a proper subject for a Special Use Permit application. He a Iso referred neighbors reports that the Oddfellows have been satisfactory tennants of the lake Josephine area for many years. After discussion and consideration of all points raised, It was moved by Councilman Hollenhorst that Midwest Planning & Research be, requested to draft a Special Use Permit whiCh would authorize the lodge, (listing conditions which will protect the neighborhood) limiting the use of the lodge to provide no right to convey title to other than a residential use if the property is sold; matter to be considered by the Council at the next meeting. Motion was seconded by Councilman HerrIck and carried unanimously. ~ase 70-42. Building Permit Request for Site Improvement & Addition of 2 Fuel Pum s at Solar Fuels 3151 Lk. Johanna Blvd. Counc Iman Hol enhorst moved that the ouncll concur with the Planning Commission's recommendation to approve the Building Permit request, as submltted,:seconded by Councilman Henderson. Motion carried unanimously, Case 70-5, Special Use Permit Request for a Car Clinic at Red Fox Rd. and Lexington Ave. Chairman McGough advised the Council that the Planning Commission has recommended denial of the request. He advised that the Commission has not received additional or amended plans to change Its original recom(llendatlon. Attorney John Daubney re-presented the request for the Special Use Permit on behalf of Continental Oil Company. After discussion, Councilman Hollenhorst explained that the Council had requested a Development Plan for the entire tract owned by Mr. George Reiling; referring the applicant and Mr, Reiling to the Community Development Committee to aid them in assembling a tract plan. Councilman Hollenhorst moved that the matter be tabled until a more de fI n I te p I an Is presented for the area; seconded by Councilman Herrick. The motion carried, 3 voting In favor of the motion and I In opposition (Henderson). Case 70-33, Swimming Pool Ordinance Draft In The ordinance draft was referred to Attorney Courtney to prepare final form. Case 70-43. Zoning Ordinance Amendment Chairman McGough advised the Council that the Planning Commission recommends approval of AN ORDINANCE AMENDING ORDINANCE NO. 99, THE ZONING ORDiNANCE, BY STRIKiNG PROHIBITED USES AND AMENDING PROVISIONS RE SPECIAL USES AND ACCESSORY USES. (See Attorney Courtney's Report.) Case 70-39, BUilding Permit Request for an Office Building - .Arthur Hage Construction Co. Mr. AI Kehr, Arthur Hage Construction Co., requested Council approval of a building permit for the office building at Hamllne and County Rd. F, subject to the Planning Commission's approval, ~o expedite t construction before frost. He stated that the Planning Commission's requested topographic and landscape plans have been prepared and the required 20' set-back IncDrporated on an amended site plan. :I .;- -3- .- , , Minut~s o~ Regular Council Meeting November 30, 1970 . Councilman Hollenhorst moved that the Council approve the building permit subject to the Planning Commission's approval and recommenda- tions; seconded by Counci Iman Herrick; motion carried unanimously. REPORT OF COUNC~LMAN RONALD HERRICK - Parks and Recreation & Human Rights Wage Rata Schedule - Warming House Attendants Councilman Herrick moved that the Council approve an amended wage rate schedule for warming house attendants as fol Hows: $2.00 per hour - first year $2.25 per hour - experienced attendants after first year $2.50 per hour - flooding rinks, if needed. The motion was seconded by Councilman Henderson and carried unanimously. Councilman Herrick advised that the rink schedules will be published In the newspapers as soon as rinks are flooded and schedules are prepared. ~s and Recreation Committee Report Charles Perry Park - Councilman Herrick reported that Chairman BJorndahl and Attorney Courtney are working out a new contract with Contractor Schutz for the Charles Perry Park fill operation. Johanna Jr. HIQh Rink - Councilman Herrick reported that the Johanna Jr. High rink ir currently under consideration by Rossvllle and the Beit Line Hockey Assoc. for possible Improved lighting. Human Rlqhts Commission Councilman Herrick advised that the next Human Rights Commission meeting will be held Monday, Dec. 7, at 8:00 p.m. at the home of Joe North, 1136 Carlton Drive. Councilman Herrick requested namss of persons interested In appointment to the Human Rights Commission Special Council Meeting - Committee AppoIntments The Council scheduled a Special Councl i Meeting on Wednesday, Dec. 16, 1970, at 6:00 p.m. for the consideration of Committee appointments for 1971. Clerk Administrator Stromquist was requested to prepare notlce~ of the meeting, list of 1970 committee members, list of names of applicants for committee appointments. REPORT OF COUNCILMAN E. GRAY HENDERSON - Finance & Municipal Lands & BI dgs. Mr. Tom Horty presented alternate floor plan drawings of the proposed additions to'the Village Ha!1 and Public Works building. Depending upon the outcome of the application for a grant under the Omnibus Crime Control and Safe Street Act, the Council requested Clerk Administrator Stromquist to notify Mr. Horty of the approved plan; requestIng Mr. Horty to prepare construction cost estimates accordingly. Nazareth Hall Sewer Char e Ad ustment Re uest Councilman Henderson explained hat the County Assessor's office has re-evaluated and reduced the market value of Nazareth Hall; consequently a sewer charge adjustment has been requested. The matter was referred to Attorney Courtney to review the Sewer Rate Ordinance and to work with Councilman Henderson to determine the basis for adjustment. Arden Hills - New BrlQhton Land Trade . (See Report of Attorney Courtney) C -4- . ,. . , Minutes of the Regular Council Meeting November 30, /970 . District 621 Growt~ordlnatin~ Committee Request Councilman Henderson advised the Council that Mr. Larry 8r041e, representing the Vii lage on the 62! Growth Coordinating Committee, requests the support of the Council in the,o' 4QO copies of the Community Profile, at a cost of $35.00. ~ Councilman Henderson moved adoption of the resolution, attached, seconded by Counci lman Hollenhorst; motion carried unanimously. Clerk Administrator Stromquist was requested to make any corrections In the copy, If possible. before reieasing for printing. REPORT OF COUNCILMAN STAN OLMEN - Public Works (Absent - "eport given by Chairman Roger Rei ling, Public Works Com- m I ttee .l Street Sign Requests Mr. Reiling advised the Council that the Public Works Committee recommends approval of street signs as requested on FI~ral Drive at James Circle, Norma Circle and Gale Circle; the location of the sign at Bethel Drive and Highway 51 was questioned because it would i probably be on private property. , It was moved by Councilman Hollenhorst that all the above mentioned . street signs be approved, as requested. seconded by Councilman Henderson; motion carried unanimously. State Aid Roads : (See report of Engineer Donald Lund.l , , , REPORT OF MAYOR HENRY J. CREPEAU, JR. - Genera! Government & Public Safety I Public Safetx Committee Report Life Insurance Benefits - Mayor Crepeau advised the Council that the Public Safety Committee recommends that the police officers' life Insurance benefits be raised. After discussion, it was moved by Counc! Iman Hollenhorst and seconded by Councilman Herrick that the poHce officer's life insurance benefits be raised from $2,500 to I $5.000 at once, and the double Indemnity feature be provided If It : Includes "in the line of duty"; coverage to be effective unt! I terminaTion , i of polley ~eriod with the present carrier; motion carried unanimOUSly. Squad Car Bids - Mayor Crepeau advised the Council that 3 bids were received for the new squad car, attached. advising that the Public Safety Committee recommends approval of the bid from Ron Saxon Ford. After discussion, it was moved by Counci Iman Hoilenhorst and seconded by Councilman Herrick that the Council concur with the Public Safety Committee's recommendations to approve the Ron Saxon Ford Company bid In the amount of $3.889.00; motion carried unanimOUSly. Lexin ton Ave. and Count Rd. E Intersection Mayor Crepeau reviewed a letter from S oreview re the intersection of Lexington Ave; and County Rd. E. The Council referred the letter and proposed reso~~tlon to the Public Safety Committee for consideration and its recommendations to the Counci I. REPORT OF CLERK ADM I N I STi~ATOR LORRA I NE STROMQU I ST Clelms ft"was moved by Counc i I man Herr i ck ana seconaea by Counci I man Hollenhorst that the claims be paid as presented; motion carried unanimously. , , , -5- ..- ,~ .. Minutes o~ Regular Council Meeting November 30, 1970 . Sewer Connection BIds - Vi !Iage Hail and Public Works Building Councilman Henderson presented 4 bids for the sanitary sewer con- nections to the Village Hall and Public Works building for Council consideration. (AHached) The matter was tabled unt! I the next Council meeting, pending the outcome of the Omnibus grant. Adjournment The meeting adjourned at 12:25 a.m. t . . '. ~. Extract of l'linutes of Meeting Village Council Village of Arden Hills Ramsey County, Minnesota Hald November 30, 1970 Pursuant to due call and notice thereo~a special meeting of the Village Council of the Village of Arden Hills, Minnesota, was duly held at the Village Hall in said Village on Monday, the 30th day of November, 1970, at 8:00 o'clock p. m. The following members were present: Mayor Crepeau and Councilmen HOllenhorst, Henderson and Herrick and the following were absent: Councilman Olmen Also in attendance were: Lorraine Stromquist, village clerk administrator; Mr. Vincent Courtney, village attorney; Mr. Worth Read, village treasurer; Mr. Donald Lund of Banister Engineering Company, village consulting engineers; and Mr. Peter S. Popovich of Peterson & Popovich, village bond consultants. The Village Clerk Administrator presented an affidavit show- ing publication of notice of hearing on the proposed supplemental reassessment of original assessments for Consolidated Sanitary Sewer Improvements Nos. 12 and 13 in the New Brighton Bulletin on November 11, 1970, in accordance with the resolution adopted october 29, 1970, which affidavit was examined, found satisfactory and ordered placed on file. The Village Clerk Administrator also exhibited an affidavit of mailing notice to affected property owners. . . . The Mayor announced that the meeting was open for the considera- tion of objections to proposed supplemental assessments and reassess- ments of previous assessments in respect to Consolidated Sanitary Sewer Improvements Nos. 12 and 13, said original hearing being held September 28, 1970, and said assessment roll being adopted September 28, 1970, and certified to the County Auditor on October 28, 1970. All persons present were then given an opportunity to present oral objections, and all written objections theretofore filed with the Village Clerk Administrator were presented and con- sidered, and all such objections were tabulated as follows: MR. PAUL WALDOCH, 4601 Highway 10: Mrs. Stromquist explained that Mr. Waldoch had stopped at the village office and indicated that he feels the sewerline is not really available to his property and he should not be assessed. REPRESENTATIVE OF THE STEWART LUMBER COMPANY, Highway 8 and Highway 10: Asked on what basis they were being assessed. He said their property line is 446 feet and they're being assessed for 897 feet. MR. PAUL WALDOCH, 4601 Highway 10: Said the sewer isn't on his property and doesn't see how he can be assessed. Mr. Lund indicated that written communications had been received from the following: MR. WILLLAM C. REEVES, 1877 Holton: They were assessed 620 feet along Highway 96. In addition they were charged 150 feet frontage on Snelling plus an acreage charge. They asked to have the frontage charge reduced because they feel that the diagonal taken by the Highway Department should reduce that assessment. MR. IRVING G. GIERE, 4275 N. Hamline: He has been assessed for two sewers. Owns property on both sides of a sewer line and has been assessed for both sides. Normally the sewer would not have been constructed at that location but it was necessary to do so in order to get it to Highway 10. Feels his assessment should be reduced. . ' . . MR. JETHRO MEDLIN, 4390 North Hamline: His property is at the corner of Amble Road and Hamline on the northeast corner. They were charged for 235 feet of frontage, 15 feet of side, and one service. They are objecting to the amount of front footage. MR. OSWALD TSCHIDA, 1445 West Floral Duve: Asked that the 15 foot side assessment be taken off because theirs really isn't a corner lot. MR. LYNDON BUESING, 4234 Hamline Avenue: He was charged for three services and he has only one. MRS. GERALD GRUDNOSKE, 4471 Highway 10: Asked who would pay the cost for re-constructing a section of sewer. . After a discussion of the oral and written objections presented, Councilman Herrick introduced the following resolu- tion and moved its adoption: RESOLUTION AMENDING ASSESSMENTS . FOR CONSOLIDATED SANITARY SEWER IMPROVEMENTS NOS. 12 and 13 BE IT RESOLVED by the Village Council of the Village of Arden Hills, Minnesota, as follows: 1. The assessments for Consolidated Sanitary Sewer Improve- ments Nos. 12 and 13 should be and are hereby amended as follows: ~ Description of Property Chanqe Made Original As revised Assessment by council Ervin G. Giere Unplatted lands 11,549.50 9,400.75 4275 North Hamline Sub to Hamline St. Paul, Minn. Ave the S 1/2 of 25 02200 010 51 N 1/2 of NE 1/4 of 5W 1/4 of See 22 T 30 R 23 McDonald Lumber Co. Mounds Center Subj 2,242.50 1,919.80 421 Johnson St.N.E. to Hwy part of See Minneapolis, Minn. 16 T 30 R 23 SWly of 25 50000 010 02 Hwy CL and Ely of and Bet extended Nand S lines of Blk 1 Mounds Center and In Sd Mounds Center Subj to Esmts all of Center Ave as Vac In DOC 1312199 and Blks 1 and 2 Oswald J. Tschida Unplatted lands S 208 2,500.00 2,350.00 1445 West Floral Dr. 71/100 Ft of W 230 St. Paul, Minn. Ft of NW 1/4 of SE 1/4 25 02200 040 61 of SW 1/4 Subj to Esmt and Floral Dr In See 22 T 30 R 23 . , . Name Description of Property Change Made Or iginal As revised Assessment by Council Lyndon J. Buesing Unplatted lands Sub 10,682.00 10,582.00 4234 North Hamline to Hamline Ave Th 51 St. Paul, Minn. and Power Esmt Part of 25 02200 030 76 S 30 Acres of N 44 Acres of W 1/2 of SE 1/4 W of CL of Th 51 in Sec. 22 T 30 R 23 . 2. It is hereby found and determined by this Council that the foregoing amendment to said proposed assessment is just and equitable, and necessary to a fair assessment for payment of the cost of said improvement. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Hollenhorst . and upon vote being taken thereon, the following voted in favor thereof: all and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. Councilman Herrick then introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING SUPPLEMENTAL AND REASSESSMENTS FOR CONSOLIDATED SANITARY SE~"lER IMPROVEMENTS NOS. 12 and 13 BE IT RESOLVED by the Village Council of the Village of .Arden Hills, Ninnesota as follows: 1. The amount proper and necessary to be specially reassessed or supplement ally assessed at this time for Consoli- dated Sanitary Sewer Dnprovements Nos. 12 and 13 against every assessable lot, piece or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, as amended, and notice has been duly published and mailed, as required by law, that this Council would meet to hear, consider and pass upon all Objections, if any, and said proposed supplemental and reassessment has at all times since its filing been open for public inspection, and an oppor- tunity has been given to all interested persons to present their objections, if any, to such proposed reassessments and said pro- posed reassessment has been amended as to certain parcels of land, by resolution duly adopted this date. . 2. This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, pieces and parcels of land enumerated in the pro- posed supplemental or reassessment as so amended was and is spe- cially benefited by the construction of said improvements in not less than the amount of the reassessment set opposite the descrip- tion of each such lot, piece and parcel of land, respectively, and such amount so set out is hereby levied against each of the res- pective lots, pieces and parcels of land therein described. 3. The proposed supplemental or reassessments as amended are hereby adopted and confirmed as the proper special assessments for each of said lots, pieces and parcels of land respectively, and the supplemental or reassessment against each parcel, together with interest at the rate of 7% per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concur- rent with general taxes upon such parcel and all thereof. 4. The Village Clerk Administrator shall, as soon as may be, prepare and transmit to the County Auditor a certified dupli- cate of said supplemental and reassessment roll, with each install- ment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the county, and the County Auditor shall thereafter collect said assessments in the manner provided by law. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Hollenhorst , and upon vote being taken thereon, the following voted in favor thereof: all and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. . . . . v . . STATE OF MINNESOTA ) ) SS COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk Administrator of the Village of Arden Hills, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original minutes thereof on file in my office, and that the same is a true and complete transcript of the minutes of a meeting of the Village Council of said municipality duly called and held on the date therein indicated, so far as such minutes relate to the levy of assessments for an improvement in said municipality. ~, WITNESS MY HAND and the seal of said Village this ~f .i~ "'!!'-1ii~'!' day of Dec-~" . 1970. ~ Village Clerk Admin1str tor t . (SEAL) . .. .,... '. . . ~. AGREEMENT BETWEEN VILLAGES OF NEW BRIGHTON AND ARDEN HILLS RE: PROPERTY BEING SIMULTANEOUSLY DETACHED AND ANNEXED BY SAID VILLAGES WHEREAS, by Resolution of the Council of New Brighton dated November 24, 1970, and Resolution of the Village of Arden Hills dated November 30, 1970, said villages have agreed to simultaneously detach certain property from each village and annex said property to the other village, all in accordance J with.the provisions of Minnesota Statutes and particularly Sect. 414.061 thereof, subject to the approval of the Minnesota Municipal Commission, and WHEREAS, certain matters relating to taxes, assessments, and utility services for the properties being detached and annexed should be resolved, NOW THEREFORE in consideration of the commitments herein \ made, it is agreed by and between the Villages of Arden Hills , I ~ and New Brighton as follows: . 1. The properties herein referred to are particularly described in the aforesaid Resolutions of the Councils of New Brighton and Arden Hills, and reference is made to said Resolutions, copies of which are attached hereto and incorporated herein by reference. 2. Real Estate Taxes. The 1970 real estate taxes, payable in 1971, shall in each instance belong and be payable to the village . . , . . detaching such property. Similarly, any delinquent taxes upon such detached property for years prior to 1970 shall belong to the detaching village. Taxes assessed in the year 1971 and payable in the year 1972 and thereafter shall belong to the annexing village in each instance. In the event that for any reason either village receives taxes which belong to the other village such taxes shall be promptly remitted, regardless'of the division of such taxes which may be made by the Ramsey County Treasurer. 3. Assessments. It is noted that there are road and. sewer assessments on portions of the property being detached by New Brighton and annexed by Arden Hills. With respect to those as- sessments Arden Hills agrees to transmit to New Brighton such assessment payments as it receives on that property, to the extent that such assessment payments arise from assessments levied thereon by New Brighton. New Brighton shall continue to bear any obligations it may have incurred in connection with the " financing of improvements relating to such assessments. It is noted that there are no assessments upon the property being detached from Arden Hills and annexed to New Brighton. 4. Utilities. A portion of the property being detached from New Brighton and annexed to Arden Hills is now connected to the New Brighton Municipal Sewer system. Said property shall be permitted by New Brighton to continue its connection to the New Brighton sewer system, and the charges to said property for ~ 2 - u .... . , . such service shall be the same as those made by New Brighton to its residents. In the event that sewer service is requested or becomes necessary in the future to other portions of the subject property being annexed by Arden Hills, sewer connections to the New Brighton sewer system shall be permitted by New Brighton on the same basis, it being noted that the New Brighton assessment on said property is based in part upon a lift station constructed in New Brighton; provided however, that all additional sewer line or connections thereto shall be in accordance with specifications approved by New Brighton, and the cost of additions to said lines made in Arden Hills shall not be at the expense of or chargeable to New Brighton. Ordinary maintenace of sewer attached to the New Brighton system shall be at the expense of New Brighton, but major repairs or improvements thereof normally assessed shall not be at the expense of New Brighton. S. Effective Date. Subject to the approval of the Minnesota Municipal Commission, this Agreement and the detaching and annexing resolutions referred to herein shall be effective for all purposes at the end of December, 1970. Dated this .-j CL- 1970, in the Village , } (I day of November, - of Arden Hills. VILLAGE OF ARDEN HILLS , By I' ~' . ..r '~ I . . ~.., _.. HenryJ.. Crepeau, Jr. Ma~or. ;/ .j .r ".J- By 1A-CU""""- "_~r'-'l Lorraine Stromqu~s I Clerk - Administra or VILLAGE OF NEW BRIGHTON By By - 3 - ------.- ---- . ,- .RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS . WHEREAS, it appears to the VILLAGE COUNCIL of the VILLAGE of ARDEN HILLS , that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of Minnesota Laws of 1959, CHAPTER 500. NOW THEREFORE, BE IT RESOLVED, by the VILLAGE COUNCIL of the COUNTY of RAMSEY that the roads described as follows, to-wit: , (SEE ATTACHED LIST) be, and hereby are established, located, and designated as Municipal State Aid Streets of said VILLAGE subject to the approval of the COmmissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the VILLAGE CLERK is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration, and that upon his . approval of the designation of said roads or portions thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the VILLAGE of ARDEN HILLS, to be numbered and known as Municipal State Aid Streets. . - <. ADOPTED 'L~'Y- ~,,() . /l 1/ . I ~'t::::. '. MAYOR ATTEST: . +- ZS7:.. ~",,1-f~-...-7 I'" 1jP--, CLERK :- ./ . CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the VILLAGE COUNCIL of said VILLAGE on '/"t.\:..(;.~ ...,.~( ." , 19 7 (j . -{: ,.. c~( c-l-, CLERK ' "~.:':i-C'/'~- . ,,<" .., :; VILLAGE OF ARDEN HILLS, ~ESOTA .. , - . STATE AID STREET NO: 101 - COUNTY ROAD "F" FROM RAMLINE AVENUE TO LEXINGTON AVENUE . 102-010 - HAMLINE AVENUE FROM COUNTY ROAD "F" (CR 95) NORTHERLY APPROX. 0.25 MILES 102-020 - HAMLINE AVENUE FROM 0.76 MILES SOUTH OF S.T.H. 96 TO .S.T.H. 96 . 103-010 - SNELLING AVENUE (CIVIC CENTER ROAD) FROM HAMLINE AVENUE (C.R. 132) . TO .56 MILE SOUTH OF S.T.H. 96. 103-020 - SNELLING AVENUE FROM 0.56 MILE SOUTH OFS.T.H. 96 TO S.T.H. 96. 104 - NEW ROAD .25 MILE SOUTH OF COUNTY ROAD "E" FROM LEXINGTON AVENUE WESTERLY 0.47 MILE TO S.T.H. 51, THENCE NORTHERLY TO COUNTY ROAD "E". , ~.' .,-' ~.' ~. - ;.;. . !J ~ .- .. -ff~' " RESOLUTION STATE OF MINNESOTA COUNTY OF RAMSEY VILLAGE OF ARDEN HILLS RESOLUTION APPROVING PUBLICATION OF ADDITIONAL COPIES OF COMMUNITY PROFILE AND AUTHORIZING PAYMENT FOR SUCH COPIES WHEREAS the Minnesota Department of Economic Development has prepared a I imited number of Arden Hi lis "Community Prof i Ie" brochures, and WHEREAS these profiles are an excellent source of concise informational material about the Village, and WHEREAS this information is of use for the genera I pub Ii c, and NOW THEREFORE BE IT RESOLVED, That the Arden Hi lis Vi Ilage Counci I authorizes and directs the production of 400 copies of the Arden Hill s Commun i ty prof i Ie BE IT FURTHER RESOLVED, That $35.00 be taken from the Counci I Account No. 40 1.30 in the General Fund as payment for such copies. 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C!l .... o ... c: CD E >- , m III r-- 0." I I.. c: . <D:::I > u.. o .... I.. 0 o ....... I.. Q) c: () --It'\Cl)'O ""'" - It'\tt'\1t'\ E C It) o COOl-<D:::I c: >.. C'\I "" -.::t U).... m C:O "'''''''10<1> I.. -Z ---we::: I-- .... V ",,_ . C': an U"\.. ::3 I .0:) o '" ",,"'01 (J.. - U'\ --.::f" 00 I .. I I _ <Z N=VNCO :::I - --0 10 10 101011\ 0... - . - .... - '" s::. I-- .... o . 01 ., -I ~ 1"'\ c: Q\ ...." m- U I.. .lD III m . L. _ 0 ...." 10 N ~ ~ ~ ~ ..a __ E 0 10 < . to - Q) VI L. ..... .. E - I..=> III r-- to:J ~ Z tt\ I Z III CD \0 c..CD ""0> .... 10 - I.. III .+ .. 0 L. .. ....- L.<D - a) <Il1--:::EC!l I&.. "" o Q\ ... ~ I CO 0- 10 0 <D'j'" VV '" _ s::.0 Q\ Q\Q\ 10 0 OZ - __ ~ > --. . . PAYROLL NOVEMBER 1970 . Hours Hours Period Regular Over- Gross Net Check Name _ Ending. Rate time Salary Salary 3306 Geraldine Beck 10/31170 89 204.70 154.83 **3362" 11/15/70 80 184.00 139.75 3307 IJancy Beutel 10/31/70 88 20'2.40 157.61 3324" 11/15/70 82 188.60. 147.79 3310 Dorothy J. Zehm 10/31/70 96 312.00 235.68 3326" 11/15/70 88 286.00 195.71 3311 J. Patrick Sexton 11/15/70!:i mo. + 'extra duty 535.11 412:31l 3327 " ,. 11/30/70 ~ mo. + extra duty 535.11 3~u.~J 3312 Gordon ll. Fickett, Jr. 10/31170 98 4(.7.86 328.79 3328" 11/15/70 88 402.16 275.20 33J.3 Helban A. Fish !OlUnD II 3o.5b 33. 77. 3329" 11/15/70 20~ 93.69 76.37 33Ili John P. Picha . 10/31/70 98~ 450.15 316.24 3330" 11/15/70 96 438.72 311.80 331S James D. Little 10131(70 88 402.1.6 317 .33 3331 I. 11/15/70 96 438.72 325.57 3316 Arthur {]. Schmaedeke 10/31/70 31 141.67 111.77 3332 i. 11/15/70 40 182..80 142.73 3317 Jerome F. Stradinger 10/31170 88 402.16 312.23 3333" 11/15170 104':; 477 .57 347.49 331/;1 Everett. Beecller U!l5l70 'i mo. + standby 4/5.00 360.00 3334" 11/30/70. ':; mo. 425.00 302.67 3319 Stepnen Zelun 101311 fO Y'i 28.03 U .03 3320 ~Iaync Laundenri11e 10/31(70 88 10 4',8. SO 354.44 + 7.62 salary adj. 3335" 11/15/70 80 14 431.41 321.64 ,1321 It. Wayne Brunette 10/31/70 88 10 436.77 317 .06 ". + 7 .46 salary adj. 3t36 " 11/15/70 80 8 385.10 280.29 3337 Lorraine Stromq!11st 11/30/70 1 mo. 900.00 661.70 'i38 Florence H. Honan 11/15/70 150 487.50 370.33 }.,9 Charlotte ~lcNiesh 11/15/70 167 584.50 424.22 )331,0 Henry J. Crepeau, Jr. 11/30/70 1 mo. 90.00 84.60 ~l John ]!.ollenhorst 11/30/70 1 mo. 75.00 75.00 . ~3- E. Gray Henderson 11/30/70 1 mo. 75.00 69.15 _ - .." Ronald Herrick 11/30/70 1 ma. 75.00 75.00 _____..; . Sta111~ 01men 11/30/70 1 mo. 75.00 53.90 -~_ Worth G. Read 11/30/70 1 mo. 90.00 84.60 _,0 _~Fed'l Reserve Bank of Hp1s. 1,578.00 J47 State Treasurer, PERA 619.42 _~48___State Treasurer, Social Security _ 41.03____ _=- 9 Blue Cross - MIl 152.94 .S'{}: Comm. of Taxation Sute of Hinn. 455.80 _ ... "". Qi, 3309, 3323, 3325 Void t~:"':._i:."-~:_ If;;':;. . TOTALS 2,Ot.2 42 11,4l,3.95 11,443.95 ~l '!t, John HoUenhorst 9/30/70 1 mo. 75.00 75.001 **Note: Check No.~362 used out of order. *Check No. 3322 changed to Dup. 3256 . ----..-- , .1 f:'. .I.",..,I....~ ,lwj'.......!C)Iv.-./( ~ N I-' ". 0 -..J --I n > 6 . , ~[t,,)\,..: ._fr m 0 "'. .' . 0 0 '" ~ 0 ..~ ~~ . 3: -'----" ..' -- -" ~ .... '" '-. .~ (J) m '\ c+ (J) , . . '(J) ..-,' . ::;: <-< c+ I-' f-3 ~ -l'> l>- I-' . III 0 Ii = Ii = Ii -l'> ..... c' lD <1> c' p.. U1 I:l d I:l 0 . I:l c' 0 <D' 0 c+ () ~ 0 <1> III I:l ok <1> <1> ::.' ::.' Ii Ul III Ii c+ :0:: <1> (J) I:l .... :;;: <1> fP ~ ..... Ul 0 0 ..... Ii 0 Ul I-' c+ (\) Ii c+ . l:xJ ..... <1> I-' -i- s ::.' I-' III I:l :;;: 11l l:xJ lD III () c+ <1> )> >:: p. Ul ..... i>;' Ul Ii ..... (\) p. .... fs. -; f-' III :;;: 1-" fP p. c+ <1> ..... f-' .' III 1-" Ii I:l I-' c+ ~ m i:l . <1> III :0:: 21 ~ lJl:l P. Ii . 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" tTi .. .. .. ... 0 n .. .. c ~ .. ... ~ ... .. ... r . >-1 ... .,. "- .. " . ....... ... .. ... ... ... z ,.. .. ... .. " f .. ... . ::l . 0 .. .. ... .. " ~ 0 0 a .. . .. .. ~ .. 0 .. ... . " .. ... .. (Il . tTi ... .. .. :' .. . ... ... ... .. . " 0 () .. "G- ~ X ... .. ... .t. .. ,. . ... .. .. c . () .. 0 :j .. CRr . 0 ~ " ... CR' . s:u .. . -J: . <: ... 0_ . .. ....\ <oz .. .. II: 0 z s:u a . 0 I .. . .. (Il . r-t 0 ... 0 ....... . ... I 0 .. . .. ". . ::l t~ .. .. .. '0 . CfQ .. .. ~ ;; ... .. ~ .. . '~ . r ... - l::) ". . . ::l " ~ ~ " .~ IN () " ". . <::> < \~ ., -~ .. z c .. \~ .1~ l - .. - ~-- . - - - . - - . -- ..----- -----"-_. ----- -- ---.- - -.--- 1 - l ~ . . ....... ... . I . STATEMENT .1 . I CLEMENT SCHMITZ I , I I 205 Keith Drive. Circle Pines. Minn. '186-5400 I , i t ~ [ Sewer and,Water Connections - Anytime Is The Right Time To Call I , -?~ /6 .l~ . I I . I i' r ..., I SOLD I TO I L .J TIlIUIIS. I DESC:RIPTION AMCUNT , Jtr~?r~ .'~~~ I ~ _t!. ~A- ~~.1-~ . . ./'1 }rdAJ ~ M'-If? ~~ .....'" I',~ ,. ::/I : , , l --r~ j{)d{l, ! ~o l n , I - - .- ,,_u,;.;.,_'"-'---- ...._ -,' -- -,.-----. . -'-"'0 .._~....._ ..J - - '. , \ .-'7. CERTIFICATION OF MINUTES RELATING TO $1,200,000 IMPROVEMENT BONDS, SERIES 1 Issuer: Village of Arden Hills, Minnesota Governing body: Village Council . Kind, date, time and place of meeting: a speCial meeting, held on November .16 1970, at 8;00 o'clock P,M, at the Village Hall, 1450 W. Highway 96 Memers present: Acting Ma~ Henderson and Council.men Herrick and 01lll8n Members absent: Mayor crepeau and councilman Hollenhoret Documents attached: Minutes of said meeting (pages): 11 RESOLUTION AUTHORIZING, SELLING AND ESTABLISHING THE TERMS OF $1,200,000 IMPROVEMENT BONDS, SERIES 1, AND APPROPRIATING SPECIAL ASSESSMENTS FOR THEIR PAYMENT I, the undersigned, being the duly qualified and acting recording ofticer '. ot the public corporation issuing the bonds referred to in the title of this certi- ficate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal cus- tody, 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 cor- poration, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at s~:~:ffl~eting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuap.t to call and notice of such meeting given as required by law. NOvember WITNESS my hand officially as such recording officer this 16th day of ,1970 , - ~:;;Lj ~ Signature Lorraine Str01llqUi8t _~lla~e Clerk-Administrator Name and Title . '. The Clerk-Administrator presented affidavits showing publication in the official newspaper and in the Commercial West of notice of sale of $1,200,000 Im- provement Bonds, Series 1, bids for which were to be considered at this meeting as provided by resolution adopted October 12, 1970. The affidavits were examined and approved and ordered placed on file. The Clerk-Administrator reported that sealed bids for the purchase of the bonds had been received at her office from the following institutions at or before the time stated in the notice, and the bids were then opened and publicly read and considered, and were all found to conform to the notice of sale and to be accompanied by the required security, and the purchase price, coupon rates and net interest cost under the terms of each bid were found to be as follows: American National Bank & Trust Co., St. Paul I) . 80"/0 1971 - 1975 John Nuveen & Company, Chicago 5.10% 1976 Co-Manager s 5.30"/0 1977 Merrill Lynch, Pierce, Fenner & Smith 5.50% 1978 Reynolds & company 5.70"/0 1979 5.85% 1980 6.00% 1981 6.10% 1982 6.20% 1983 6.30"/0 1984 6.40% 1985 6.50"/0 1986 6.60% 1987 - 1988 $1,180,000 Price $675,750 Interest Cost 6.1712% Net Interest . -1- . . rust RatiOlllll BaDk of ft. hill 5.007' 1971 ... 1915 HOrthwestern ... Uonal Bank of Mpla. 5.607' 1916 - 1918 Paine, webber, Jackson" Curti. 6.007' 1979 - 1980 Robert S. C. Peterson, IDe. 6.15" 1981 6.307(. 1982 6.407f. 1983 6.507f. 1984 6.60% 1985 6.71.)% 1986 - 1988 ~1,180,800 Price ~696,185 Interest Cost 6.35785% Net Intereat Piper, Jaffray & Hopwood Incorporated 5.5~J 1971 - 1977 Allison-Williams Company 6.00% 1978 - 1980 Dain, Kalman & Quail, Inc. 6.30% 1981 - 1983 Juran & Moody, Inc. 6.40% 1984 E. J. Prescott & Co. 6.50"h 1985 Caldwell-Phillips, Inc. 6.60'}(, 1986 Woodar4-Elwood & company 6.70% 1987 - 1988 $1,1.80,008 Price $700,972 Interest COst 6.4016% Net Interest .. . Councilman Herrick then introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING, SELLING AND ESTABLISHING THE TERMS OF $1,200,000 IHPROVEMENT BONDS, SERIES 1, AND APPROPRIATING SPECIAL ASSESSMENTS FOR THEIR PAYMENT BE IT RESOLVED by the Village Council of the Village of Arden Hills, Minnesota, as follows: Section 1. Authorization and Sale. 1.01 Pursuant to the provisions of Minnesota Statutes, Section 429.091, this Council by resolution authorized the issuance of $730,000 Temporary Improvement Bonds, Series 1 on January 4, 1968, and the issuance of $535,000 Temporary Improve- ment Bonds, Series 2 on November 6, 1968, all bonds of each series to mature on January I, 1971, for the purpose of financing the costs incurred and to be in- curred in the making of Water Improvements 68-1, 67-1 and 67-2, Street Improve- ments 6 and 7 and Sanitary Sewer Improvements 7 and 8. The proceeds of the sale of Series 1 bonds were credited to Improvement Fund 506 from which the following costs were paid in respect to each of the designated improvements: Water Improvement 67-1 $567,010 Water Improvement 67-2 62,703 Street Improvement 6 18,619 Street Improvement 7 7,459 Sanitary Sewer Improvement 7 16,087 Sanitary Sewer Improvement 8 21,039 Total $692,817 After payment of such costs the balance of said fund, $160,483, was transferred to the Series 2 Temporary Improvement Bond Fund. The proceeds of the sale of the Series 2 bonds were credited to Improvement Fund 507 from which the costs of Water Improvement 68-1, in the amount of $530,568, were paid. The balance of said fund, $179,959, was transferred to the Series 2 Temporary Improvement Bond Fund. From the Series 1 and 2 Temporary Improvement Bond Funds, the sum of $134,805 is appropriated for the payment of principal and interest to become due on January I, 1971, on the Series 1 and 2 Temporary Improvement Bonds. The balance remaining in each of the funds shall be transferred to the Improvement Bond Sinking Fund hereinafter established to be used for purposes therein author- ized. 1.02 It is hereby found, determined and declared necessary and expedient for the Village of Arden Hills to issue and sell its general obligation improvement bonds in the amount of $1,180,000 to provide funds for the purpose of paying the cost of said local improvements including the retirement of the Temporary Improve- ment Bonds, Series 1 and 2, maturing on January 1, 1971, pursuant to Minnesota Statutes, Section 429.021, and in the additional amount of $20,000, representing a part of the interest cost of the issue, pursuant to Minnesota Statutes, Section 475.56. -3- .. . 1.03 Notice of sale of $1,200,000 of such bonds has been duly published, and the Village has publicly received, opened and considered all sealed bids presented in conformity with the notice. The most favorable of such bids is ascertained to be that of AMrican Hat'l. Bank & 'l'ruet Co. of St. Paul, M1nne80ta "John , . Ruveen & Co. of Chicago, Ill., and associates, to purchase the bonds at a price of $ 1,180,000 plus accrued interest, and upon the further terms and conditions set forth in this resolution. 1.04 The Mayor and Village Clerk-Administrator are directed to execute in duplicate a contract on the part of the Village for the sale of the bonds in ac- cordance with the proposal described in Section 1.02, and to deliver a duplicate to the purchasers. The Treasurer is directed to retain the purchasers' check secur- ing the contract of sale until the bonds are delivered and the purchase price is paid, and to return the checks securing other bids to the respective bidders. Section 2. Form of Bonds and Coupons. 2.01 The bonds issued hereunder shall be printed in substantially the follow- ing form, . -4- .. . UNITED STATES OF Al"~ICA STATE OF MINNESOTA COUNTY OF RAMSEY VILLAGE OF ARDEN HILLS IMPROVEMENT BOND; SERIES 1 ria. $5,000 KNOW ALL MEN BY THESE PRESENTS that the Village of Arden Hills, P~sey County, Minnesota, acknowledges itself to be indebted and for value received pro- mises to pay to bearer the sum of FIVE THOUSAND DOLLARS on the 1st day of November, 19 , or, if this bond is prepayable as stated below, on any date prior thereto on which it shall have been duly called for redemption, and to pay interest interest thereon at the rate of per cent ( %) per annum, from the date hereof until the principal sum is paid, or, if this bond is prepayable, until it has been duly called for redemption, payable on May 1, 1971, and se~iannually thereafter on November 1 and May 1 of each year, interest to ma- turity being represented by and payable in accordallce with and upon presentation and surrender of the interest coupons appurtenant hereto. Both principal and in- terest are payable at the AmeJ: ican National BanK & Trust Company , in St. Paul, Minnesota, in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts. For the prompt and full payment of said principal and interest as the same respectively become due, the full faith, credit and unlimited taxing powers of said Village have been and are hereby irrevocably pledged. Bonds of this issue maturing in the years 1971 through 1980 are payable on their respective maturity dates without option of prior payment. Bonds having stated maturity dates in the years 1981 through 1988 are each subject to redemption and prepayment at the option of the Village in inverse order of serial numbers on November 1, 1975, and any interest payment date thereafter, at 102% of par plus accrued interest if prepaid on or before May 1, 1980, and at par plus accrued in- terest if prepaid after May 1, 1980. Not less than thirty days before the date specified for such redemption the Village will cause notice of the call of any bond to be published in a financial newspaper published in a Minnesota city of the first class or its metropolitan area, and to be mailed to the holder of this bond, if known to the Village Treasurer, but published notice shall be effective without mailing. Any holder desiring to receive such notice may record his name and address and the serial number of this bond with the Village Treasurer at the Village Hall. This bond is one of an issue in the aggregate principal amount of $1,200,000, all of like date and tenor except as to serial number, interest rate, maturity date and redemption privilege, issued for the purpose of paying the cost of necessary public improvements of special benefit to properties within the Vil- lage, including the retirement of temporary improvement bonds issued to finance such cost, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 429 and 475. This bond is payable primarily from the Improvement Bond Sink- ing Fund of the Village, but the Council is required by law to pay maturing princi- pal thereof and interest thereon out of any funds in the treasury if moneys on hand in said special fund are insufficient therefor. .. . IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minne- sota 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 happened and have been performed as so required; that prior to the issuance hereof the Village has duly levied special assessments upon all benefited property within the cor- porate limits and a direct, annual, irrepealable tax upon all taxable property therein, which special assessments and taxes are collectible in the years and in aggregate amounts 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 inter- est respectively become due, and has appropriated the same to said fund, and addi- tional ad valorem taxes may be levied upon all taxable property within the Village, if needed for such purpose, without limitation as to rate or amount; and that the issuance of this bond did not cause the indebtedness of said Village to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the Village of Arden Hills, Ramsey County, Minnesota, by its Village Council, has caused this bond to be executed in its behalf by the facsimile signature of its Mayor, attested by the manual signature of the Village Clerk-Administrator and a facsimile of the official corporate seal to be printed hereon, and has caused the interest coupons appurtenant hereto and the certificate as to opinion of bond counsel on the reverse side of this bond to be executed and authenticated by the facsimile signatures of said officers, and has dated this bond as of November I, 1970. (Facsimile) Village Clerk-Administrator Mayor , .. 2.02 A copy of the text of the legal opinion of bond counsel shall be Ptinted on the reverse side of each bond and identified by a certificate in the following form: We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of bonds of the Village of Arden Hills which includes the within bond, dated as of the date of delivery of and payment for the bonds. (Facsimile signature) (Facsimile signature) Village Clerk.-Adlllinistrator Mayor 2.03 Interest on each bond to maturity shall be represented by a consecutively numbered set of interest coupons, printed in substantially the following form: ~. $ On the 1st day of May (November), 19 ,unless the bond described below is subject to and has been called for earlier redemption, the Village of Arden Hills, Ramsey County, Minnesota, will pay to bearer at the American IIlational Bank and Truat Company , in at. Paul ,M1nn.aota , the amount shown hereon in law- ful money of the United States of America for interest then due on its Improvement Bond, Series 1 dated November 1, 1970, No. . (Facsimile signature) (Facsimile signature) Village Clerk-Administrator Mayor -7- .. Section 3. Bond Terms, Execution and Delivery. 3.01 The bonds issued hereunder shall be designated Improvement Bonds, Series 1. dated November 1, 1970, shall be issued in the denomination of $5,000 each, num- bered serially from I to 240, inclusive, shall mature serially on November 1 in the respective years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the respective annual rates stated opposite their maturity years: Interest Interest Year Amount Rate Year Amount Rate 1971 $70,000 4.80% 1980 $70,000 5.85% 1972 70,000 4.80% 1981 70,000 6.00% 1973 70,000 4.80% 1982 70,000 6.10% 1974 70,000 4.80% 1983 70,000 6.20% 1975 70,000 4 . 80% 1984 70,000 6.30% 1976 70,000 1985 70,000 6.40% 1977 70,000 5.10% 1986 50,000 6.50% 1978 70,000 5.30% 1987 50,000 6.6<>Y' 1979 70,000 5.50% 1988 50,000 6.60% 5.70% 3.02 The interest on the bonds shall be payable May I, 1971, and semiannually thereafter on November 1 and ~~y 1 in each year. The principal of and interest on the bonds shall be payable at the American National Bank & Trust COJllpany ,in St. Paul , Minnesota, which is designated as paying agent, or in the event of its resignation, removal or incapability of acting as paying agent, at the office of such successor paying agent as may be appointed by the Village, and the Village agrees to pay the reasonable and customary charges of the paying agent for this service. 3.03 The bonds maturing in the years 1971 to 1980, inclusive, shall not be subject to redemption before maturity, but those maturing in the years 1981 to 1988, inclusive, shall each be subject to redemption and prepayment at the option of the Village on November I, 1975, and on any interest payment date thereafter, in inverse order of their serial numbers, at a price of 102% of par plus accrued interest if paid on or before May I, 1980, and at par plus accrued interest if paid after May I, 1980. Not less than thirty days before the date specified for redemption of any of the bonds, notice stating the amount and serial designation and numbers of the bonds to be redeemed shall be published in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area, which circulates' throughout the State and furnishes financial news as a part of its service, and shall be mailed to the holders, if known, and to the bank at which principal and interest are then payable, but published notice shall be effective without mailing. Holders of prepayable bonds may request such notice by advising the Village Treas- urer of their names and addresses and the serial numbers of the bonds held by them. 3.04 The bonds and the interest coupons and the certificate on the reverse side of each bond shall be executed and authenticated in behalf of the Village by the signature of the !1ayor, attested by the Village ~lerk-Administrator, and the corporate seal of the Village shall be affixed to each hondo All signatures and -8- ---- - ~ .. the seal shall be printed, engraved or litho~raphed facsimiles except for the manual signature of the Village Clerk-Administrator on the face of each bond. The bonds shall then be delivered by the Treasurer to the purchasers on receipt of the cash purchase price stated in Section 1.03, and the purchasers shall not be re- quired to see to the application of the proceeds. Section 4. Sinking Fund Special Assessments and Tax Levies. 4.01 There is hereby created, and there shall be maintained by the Village Treasurer on the official books and records of the Village, so long as any of the bonds herein authorized or other improvement bonds shall be outstanding, a separate and special debt redemption fund to be designated as the "Improvement Bond Sinking Fund". The moneys in said fund shall be held and used only for the payment of the principal and interest on the bonds herein authorized and on any bonds issued in future to finance improvements instituted pursuant to Minnesota Statutes, Chapter 429, and acts amendatory thereof and supplemental thereto which are directed to be paid from such fund, as such payments become due, or to prepay and redeem such bonds when and as they become prepayab1e according to their terms. Interest and principal, if any, becoming due on any bonds prior to the completion and payment of the cost of the improvement for which they are issued shall be paid by the trans- fer of moneys from the fund of such improvement to said Sinking Fund. After payment of the cost of any such improvement, the fund thereof shall be discontinued and all subsequent collections of taxes and assessments levied in respect thereof shall be paid as received into said sinking fund. The funds of said improvements designated in Section 1.01, supra, are hereby discontinued, and all remaining special assess- ments collectible for said improvements are hereby appropriated to said Sinking Fund. 4.02 Pursuant to the provisions of Minnesota Statutes, Chapter 429, the Vil- lage has speCially assessed owners of property specially benefited by the improve- ments in the years, amounts and with interest accruing at the rates as follows: Years Interest Assessment Collectible Rate Water Improvement 67-1) $346,325.00 1969-1988 6% Water Improvement 67-2) Street Improvement 6 12,950.00 1965-1974 5% Street Improvement 7 5,289.79 1967-1976 6% Sanitary Sewer Improvement 7 15,500.00 1965-1984 5% Sanitary Sewer Improvement 8 8,369.50 ~967-1986 6% Water Improvement 68-1 318,000 1970-1989 7% Said assessments are payable in equal annual installments in each of the years in which they are collectible. All of the special assessments heretofore collected have been applied for payment of costs of said improvements, and all of the assess- ments collectible in the years 1971 through 1989 shall be paid into the Improvement Bond Sinking Fund. In the event any such assessment be at any time held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the Village or by this Council or by any of the Village's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the Village -9- . . , hereby covenants and agrees that it will forthwith do all such further acts and take all such further proceedings as shall be required by law to make such assess- ment a valid and binding lien upon said property. 4.03 For the purpose of providing, together with estimated collections of said special assessments, amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on each and all of the bonds herein authorized, there shall be and is hereby levied a direct, annual, ad valorem tax on all property within the Village for the years and in the amounts as follows: Levy Collection Levy Collection Year Year Amount Year Year Amount 1970 1971 $ 72.449 * 1979 1980 $ 52,000 1971 1972 62,000 1980 1981 50.000 1972 1973 60,000 1981 1982 48"..000 1973 1974 59,000 1982 1983 46.000 1974 1975 59.000 1983 1984 44,000 1975 1976 58.000 1984 1985 42.000 1976 1977 57 .000 1985 1986 19.000 1977 1978 56,000 1986 1987 18.000 1978 1979 54.000 1987 1988 17.000 * Note. The amount of $72,449 haa already been cert1f1ed for levy and COlltition Said levies shall be irrepealable except to the extent and in the manner provided 1971. by Minnesota Statutes, Section 475.61, as amended, and all collections thereof shall be credited to the Improvement Bond Sinking Fund as provided in Section 4.01 hereof. It is expressly recognized that the obligation of the Village is not limited to the assessments heretofore levied and taxes herein levied and the full faith, credit and taxing powers of the Village are hereby pledged to the payment of said bonds. Section 5. Certifications of Proceedings. 5.01 The Village Clerk-Administrator 1s directed to file with the County Auditor of Ramsey County a certified copy of this resolution, and such other in- formation as the County Auditor may require, and to obtain from the County Auditor a certificate stating that the tax required by law for the payment of the bonds issued hereunder has been fulV levied and that the bonds have been entered upon his bond register. 5.02 The officers of the Village and the County Auditor are authorized and directed to prepare and furnish to the purchasers of the bonds, and to bond counsel, certified copies of all proceedings and records relating to the authorization and , issuance of the bonds and such other affidavits and certificates as may reasonably be required to show the facts relating to the legality and marketability of the . bonds as such facts appear from the officers' books and records or are otherwise known to them. All such certified copies, certificates and affidavits, including any heretofore furnished, constitute representations of the Village as to the cor- rectness of the facts recited therein and the actions sta ed th~ to have been taken. ",..,,-~ S;fL -1~ Village Clerk-Adminis ator -10- ., , " ~ " . The motion for the adoption of the foregoing resolution was duly seconded by Councilman Ol_n , and upon vote being taken thereon, the follow- ing voted in favor thereof: All and the following voted against the same: HOne whereupon the resolution was declared duly passed and adopted, signed by the tlayor and attested by the Village Clerk-Administrator. , , -11-