1981 ORD ORDINANCE NO. 81-1
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY ADDING AN R-5 CLASSIFICATION AND BY CHANGING
PORTIONS OF NEW HOPE HIGHLANDS 2ND AND 3RD
ADDITIONS TO R-2 AND R-3 AND PART OF FLEETWOOD
ESTATES ADDITION TO R-3
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1: Section 4.041(1) of the City Code~ "'Residential 'DiStriCts", is hereby
amended to read:
(1) Residential Districts. (a) R-l, Single Family Residential District
(b) R-2, Single and Two Family Residential District
(e) R-3, MediUm Density Residential District
(d) R-4, High Density Residential District
(e) R-5, Senior Citizen Residential District
(f) R-0, Residential - Office District
~ section 2. Section 4.0SA is hereby added to the City Code to read as follows:
4.08A "R- 5" 'SENIOR CITIZEN' RESIDENTIAL' HOUSING.
4.08A1 Purpose. The purpose of the "R-5" Senior Citizen Residential
Housing District is to provide areas within the City which are particularly
suitable as to location and amenities for elderly housing, and to limit
the development of such districts to this type of residential construction,
and directly related cOmplementary uses.
4.08A2 'Permitted' Us'es. Elderly (Senior Citizen) Housing which is
a conditional use under 4.084 in an R-4 District is the only permitted
use in an R-5 District, provided however that all of the conditions
of Section 4.084(4) except sub paragraph '(m) shall apply.
'Section 3. Section 4.035 of the City Code ~ ',,'Area 'and' B'uildi. ng'' Size' Regulations,,
is amended to read as follows:
District Lot Area LOt~ Width Buildi. ng Height
R-1 9,500 sq. ft. 75 feet 2-1/2 stories
R-2 9,500 sq. ft. 75 feet 2-1/2 stories
R-3 10,000 sq. ft. 80 feet 3 stories
R-4 15,000 sq. ft. 100 feet 4 stories
R-5 15,000 sq. ft. 100 feet 4 stories
R-0 15,000 sq. ft. 100 feet 3 stories
B-1 10,000 sq. ft. 80 feet 2 stories
B-2 i acre 100 feet 3 stories
B- 3 n/a n/a 3 stories
B-4 n/a n/a 3 stories
1-1 i acre 150 feet 3 stories
1-2 i acre 100 feet 3 stories
Section 4. Section 4.27(13) of the City Code, "Extent ORR-3 Medium~ De.n~it¥
'Residential ~ District'', is hereby ~amended by deleting therefrom Outlot 1, leaving
said section to read as follows:
"(13) Outlots 2, 3, 4, Holberg Heights"
SeCtion 5. Section 4.27 of the City Code,' ~"Extent Of R-3 Medium 'Density
~ReSidential'District", is further ~amended by the addition thereto of the following
sub-sections (18) and (19):
(18) Lots 17 through 18, Block 1, New Hope Highlands 2nd Addition.
(19) Lot 15, Block 1, Fleetwood Estates Addition.
Section 6 Section 4.26 of the City Code,' "'Extent' of' R=2~ S.in~le and ~TWO'' F.amil¥
~Residential'DiStrict", is hereby amended by the addition thereto of Section (19),
as follows:
(19) Lots I through 16 and Lots 19 through 32, Block 1, New Hope Highlands
2nd Addition.
~SeCti0n 7. This ordinance shall be effective from and after its passage and publication.
Passed by the City Council of the City of New Hope the 12th day of January, 1981.
Attest:B~t~a~r .e/i Edw. ~.~/~rickson',' May~r
Published in the New Hope-PlYmouth Post the ~'z_ day of January, 1981.
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLIGATION
OF MINNESOTA ~
SS.
OF HENNEPIN
w~ich is a
~-~cluly sworn, on oath says he Is and during all times herein stated has been the Vice-President
~t Publishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
Building Height
2.1/2 storiesII Imowledge of the facts herein stated as follows:
eld newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
2.1/2 s~rles · space to af least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
· Itu serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
';~}isements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
~ '~pies regularly delivered to paying subscribers, has an average of at least 75 percent of Its total circulation
paid or no more than three months in arrears and has entry as second-class matter in its local post-
3 stories
3 stories ) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYI~IOUTH
ity of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
ne managing officer of said newspaper or persons in its employ and subject to his direction and control during all
i ar hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
ate Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
'M~llilmi?JJ~ltsil~.;. the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
¥'t~_.,~f the~ prior to January 1, 19~ and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
~gned by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
r~ newspaper.
that the printed..C.~..~..~..~..1..~. ,.. ¢..~. E.t ........ .~. '..~.~-~...
.....
ot :ned as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
~language, once each week, for... !.. successive weeks; that it was first so published on .(..J.~,~
}i' ~ ~ . ,i~ri~'~ay O~.. 19.~...J.. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a p~;nted copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
...... .,,.;.;.;.L...'.iiiii ..............................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesofe
My Commission Expires .............................. 19 ......
' f:~Y~t~ ~ ~0~,~.~,} SCHULT~NO%R HENNEPIN COUNT¢
, - :xp~r~s J~n. 2~, 1982 ,
ORDINANCE NO. 81-2
AN ORDINANCE AMENDING SECTION 9.102, SUBD. (6) OF THE CITY CODE
PERTAINING TO THE PLACEMENT OF WASTE CONTAINERS
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 9.102 Subd. (6) of the City Code, "Location of
Residential Waste Containers on Pickup Day" is amended
to read as follows.:
S~bd.(6) Location of Residential Waste Containers on
Pickup Day.
Permanent waste containers, bulky materials, disposable
and sealed containers as defined hereinabove, and used
by SR homes, conta~ing waste may be placed on the
curbside for pickup, but may not be placed on the curb-
side any earlier than sunset preceding the day of
scheduled pickup and must be removed by sunset of the
scheduled pickup day.
The City Council may, by resolution,', designate a two
week period ~ both spring and fall during which large
quantities of bulky material may be placed on the curb
side for the purpose of facilitating seasonal cleanup
of residential properties.
Section 2. This ordinance shall be in full force and effect from
and after its passage and publication.
Passed by the'City Council of the City of New Hope this I2t~ day
of Jan~a~:~', 198~.
//~=~- -E~ J. Erickson, Mayor
ATTEST: ~~. . '~
Bet~yPoullot, ~lty Clerk-Treasurer
Published in the New Hope-Plymouth Post the '~P~/day of~~ 1981.
/
/
NEW HOPE-PLYMOUTH pOST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
SS.
COUNTY OF HENNEPIN
· being duly sworn, on oath says he is and during all times herein stated has been the Vice-President
of The Post Publishing Co., publisher and printer of the neWSl)~per know~ as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to af least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted fo news of local interest fo the community which
if purports fo serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports fo serve, has af
least 500 copies regularty delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in ifs local post-
office. (5) Said newspaper purports fo serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has ifs known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions end main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
i' such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
N~innesata prior to January 1, 19~ and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
' :. is a legal newspaper.
.... :. .....
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the..~, i .~.....~ay of..~~ . 19.~.. !. and was thereafter printed and published on every- .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz~51/= pt. Sans
Subscribed and sworn to before
me this. · .~...~..~ ........ day of:.~.~ .A.D.,
.....................................................
(NOTARIAL SEAL)
Notary Public ............................... County, N~innesota
N~y Commission Expires .............................. 19 ......
E ':~;~:-~ HENNE?iN COUNTY> ~vly C~mmhs~n Expires Jan. 21, 1982
ORDINANCE NO. 81- 3
AN ORDINANCE RELATING TO CERTAIN AMENDMENTS TO
CHAPTER 3 OF THE CITY CODE RELATING TO PERMITS,
FEES, AND THE BUILDING CODE
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
'Section 1. Section 3.21 "BUilding COde" of the City Code is hereby amended to
read as follows:
3.21 Building Code.
The Minnesota State Building Code, identified as SBC,
effective September 1, 1980,, which adopts the 1979 Uniform Building Code
is hereby adopted by reference as the Building Code of the City of New Hope,
as authorized by Minnesota Statutes 471.62, and incorporated in the City Code
as if set out in full herein. One copy of the 1980 Minnesota State Building
Code and one copy of the 1979 Uniform Building Code is marked as the Official
Copy and filed for use and examination by the public in the office of the
City Clerk-Treasurer.
Section 2. Section 3.22 "AdditiOnal' PrOViSiOns" of the City Code is hereby
amended to read as follows:
Subd. (1) Codes AdOS)ted By Reference
The 1980 Edition of the SBC adopts by reference the following
codes and said codes are hereby adopted by reference and are incorporated
into this ordinance as if set out in full herein:
(a) 1979 Edition of the Uniform Building Code, identified as "UBC";
(b) 1978 Edition of the National Electric Code, identified as "NEC";
(c) 1978 American National Standard Safety Code for Elevators,
DUmbwaiters, Escalators, and Moving Walks, identified as
ANSI A17.1 - 1978 and Supplement, ANSI A17. la 1979.
(d) 1979 Minnesota Plumbing Code, identified as MHD 120 through
MHD 135.
(e) "Flood Proofing Regulations", June 1971, Office of the Chief of
Engineers, U. S. Army.
(f) Minnesota Heating, Ventilating, Air Conditioning and Refrigeration
Code, identified as SBC 7101 through SBC 8505.
(g) "Design and Evaluation Criteria for Energy Conservation in
New Buildings, Additions, and Remodeled Elements of Buildings
and Standards for Certain Existing Public Buildings", identified
as 2MCAR Section 1.16001 through 2MCAR Section 1. 16006.
(h) State of Minnesota Mobile Home Installation Standards 1977,
identified as 2MCAR 1. 90450 installations and related definitions
in 2MCAR 1.90103.
(i) "Standards of Performance for Solar Energy Systems and Subsystems
Applied to Energy Need of Buildings ," 1977 Edition, identified
as 2MCAR 1. 16101 through 2MCAR 1. 16108.
Subd. (2) Appendices.
In addition to those items listed above, certain Appendices,
Standards, and Supplemental Materials referenced in the SBC are
hereby adopted by reference and are incorporated into this ordinance
as if set out in full herein:
(a) Technical Requirements for Fallout Shelters, identified as SBC
appendix "A".
(b) Variations in Snow Loads, identified as SBC, Appendix "B".
(c) 1979 Uniform Building Code Appendix Chapter 35.
(d) Minnesota Plumbing Code Appendix "B".
Subd. (3) Optional Provisions of SBC Made .M. an. datory in City
Building Code.
The following Appendices, Standards, and Supplemental
Materials are not a mandatory part of the SBC but are hereby adopted by
reference and are incorporated into this ordinance as if set out in
full herein:
(a) Minnesota State Building Code Appendix "C". Abbreviations
and addresses of Technical Organizations.
(b) 1979 UBC Appendix, Chapters 49, 55, 57, and 70.
(c) Flood Proofing Regulations, Sections 201.2 through 208.2.
Section 3. Section 3.04 "Building Permit Fees" is hereby amended as to
Subd. (1) thereof to read as follows:
3.04 Building Permit Fees.
Subd. (1) Fee Schedule.
The fee for a building permit shall be as set forth in Table 3-A
of the 1979 Uniform Building Code, as incorporated in the 1980
1V!innesota State Building Code, according to the construction valuation.
Section 4. Section 3.05 "Permit Fees" is hereby amended to change the title
as follows:
3.05 plumbing Permit Fees. (The text of Section 3.05 is not amended.)
Section 5. Section 3.10 ,Signs, Billboards Marcluee Permit Fees" is hereby
amended to read as follows:
3.10 Sign Permit Fees.
The Building Official, before issuing any permit for the installation
of any sign pursuant to the Sign Ordinance, Section 3. 180 et al, shall
require the payment of fees by the applicant for such permit in the
amount herein provided.
Subd. (1) Sign Placed Flat on Building.
For any permit for a sign placed on a building and not exceeding
100 square feet in area, $5.
For each additional 50 square feet, or fraction thereof, in excess of
100 square feet, in the area of any such sign, $2.
Subd. (2) Flat and Ground Signs.
For any permit to erect a ground sign, a minimum fee of $5 plus
$4 for each 50 square feet, or fraction thereof, in the area of such sign.
Section 6. Section 3.13 "Well Drilling Permit" is hereby amended to read
as follows:
3.13 Well Drilli.ng Permit.
The applicant for a permit under the "Well Drilling Ordinance",
Section 3. 120, shall pay to the City at the time of making such application
the fee of $10.
Section 7. Section 3.14 "Swimming'P0ol 'Construction ~permit" is hereby
amended to read as follows:
3.14 Swimming Pool Construction permit
The applicant for a permit under the "Private SWimming Pool Ordinance",
Section 3. 160 shall pay to the City at the time of application a fee as required
in Table 3-A of the 1979 Uniform Building Code.
Section 8. The following sections of the City Code are hereby deleted in their
entirety:
3.02 Granting of permit.
3.03 Fast Food Outlet.
3.15 Subd. (1), entitled "MR permits',' SuspensiOn".
3.24 Fire Zones.
Section 9. Section 3.25 ',Violations 'and penalties" is hereby amended to
read as follows:
3.25 Violations and' Penalties.
It is unlawful for any person, firm, or corporation to erect,
construct, enlarge, alter, repair~ move, improve, remove, convert
or demolish, equip, use, occupy, or maintain any building or structure in the
City, or cause the same to be done, contrary to or in violation of any provision
of this ordinance or the codes adopted by reference in this ordinance. Any
person, firm or corporation violating this ordinance or any code adopted
by reference in this ordinance shall be deemed guilty of a separate offense
for each day or portion thereof during which any such violation is committed,
continued, or permitted, and upon conviction of any such violation shall be
punishable as a misdemeanor.
Section 10. This ordinance shall be effective upon its passage and publication.
Dated the ~ day of February, 1981.
Attest:'
Betty PoulKot, Clerk-Treasurer
Published in the New Mope-PlYmouth Post on the ~ ~, day of ~/~/~f' ~',3 .... , 1981.
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
the
; New :~ ~J
STATE OF MINNESOTA
~ SS.
Min- COUNTY OF HENNEPIN
~ being duly sworn, on oath says he is and during all the times herein stated has been the Vice-President of
The Post Publishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
n full least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
, , currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
t office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepln and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all'
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue im mediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing Officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed.. '~('~i-~.~.~.~.' .~..? ?':-~....~)! i .~'.. ~* .... ~.~.. (..-.. f.-~. ................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
New, the'English language, once e,ch week, for.../., successive weeks; that it was first so published on ?.
the. ~..~ay of./. ~.".~;~/:... 19.~ f.and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet fro~ A to Z, both inclusive, and is hereby acknowledg~ as being the size and kind of type used in
the com~sition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz~SV2 pt. Sans
Subscribed and sworn to before
me .......... day of ...........
.......................................................
(NOTARIAL SEAL)
The following App~ndice~, Notary Public ............................... County, Minnesota
~dards, and Supptemantel
rials are ~t a mandatory pa~
SB~ but are hereby adopte~ My Commission Expires .............................. 19 ......
~. re,fence ~d are 'inCor~rat~
t~ this ordinance as if s~ out in fuU
~)Mlnne~ta ~ate~BUildlng Code
.~)1979.UBC Ap~ndix, Chapters ~:, ~ u_ ~u~
~j ~, ~, and 70. ; ~ (~O~SS]O~ [~;L~gS
;~):Flood Proofing RegulationS,'
:~ u ~ctlons 20L2 through 2~.2.
?~* It ~,' is h~eby a~nd~ ~
ORDINANCE NO. 81-4
AN ORDINANCE AMENDING SECTION 3. 185 Subd. (5)(c)3
OF THE SIGN ORDINANCE BY DELETING MAXIMUM LETTER
HEIGHT REQUIREMENTS AND LOGO EXEMPTION
City of New Hope, Minnesota.
The Council of the City of New Hope Ordains:
Section 1. Section 3.185, Subd. (5)(c)3 is amended to read as follows:
3. Ail ground signs shall conform within the maximum sign area
and maximum sign height and in relation to the street classification,
as contained in the following table.
Street Maximum Area Maximum Structure
' 'ClaSsification ' (Sq ~ ' Feet) Height (Feet)'
Collector 40 15
Minor Arterial 75 20
Principal Arterial 200 30
' 'Section 2. This ordinance shall be effective from and after its passage and
publication.
Passed by the City Council of the City of New Hope the 23rd day of February, 1981.
/ Edw. ~/Eriekson, MaYor
Attest: ,-z~~~~~ ..........
B6tty Po~liot, City Clerk-Treasurer
Published in the New Hope-Plymouth Post the '.~day of', ,?~'.'~.'~" ', ,, , 1981 /
ORDINANCE NO. 81-5
AN ORDINANCE AMENDING SECTION 7.00,
"CONTROL OF DOGS AND OTHER ANIMALS"
BY PROVIDING FOR DATE STAMPED LICENSES,
AND AMENDING FEES
City of New Hope, Minnesota
The City Council of the City of New Hope Ordains:
Section 1. Section 7.02, "License 'and Registration" is amended to read:
7.02 License, Registration, and Vaccination.
Subd. (1) Licenses Required.
Ail dogs kept, harbored or maintained by their owners in the
City shall be licensed and registered if over six months of age.
Subd. (2) Rabies Vaccination Required.
A certificate from a duly licensed veterinarian showing that
the dog proposed to be licensed has been given a vaccination for
protection against rabies, approved by the City Clerk-Treasurer, in
compliance with Section 7.08, is required before a dog license will
be issued. A dog license shall not be issued to expire at the end of a month
later than the last full month for which the vaccination certificate is effective,
but may be issued for less than the full period covered by the rabies
vaccination at the option of the owner.
Subd. (3) License Fees
The fees for licensing and registration of dogs are:
a. Male Or spayed' Female: $3.60 per calendar year, prorated
at 30 cents per month for each full or partial month of the
calendar year from date of application until expiration.
b. UnspayeCt 'Female: $5.40 per calendar year, prorated at
45 cents per month for each full or partial month of the
celandar year from date of application until expiration.
c. Minimum: The minimum fee for a dog license shall be $2.00.
Subd. (4) 'Free Lie'enses for the' Blind.
Dog licenses shall be issued free of charge as to dogs trained
to assist blind persons and actually used by blind persons for the
purpose of aiding them in going from place to place.
Subd. (5) ~Transfer Of DOg ~Ownershi~.
Upon the sale or transfer of any licensed dog to a new owner,
the license and registration issued by the City of New Hope shall be
void, and if the dog remains in the City, a new license and registration
must be obtained. Dog tags shall not be transferable from one dog
to another, and no refunds shall be made on any dog license fee
because of death of the dog or the owners leaving the City before
expiration of the license.
Section 2. Section 7.03, "Tag and Collar" is amended to read:
7.03 .Tag and ColIar.
Subd. (1) Tag Issuance and Wearing..
Upon payment of the license fee, the Clerk-Treasurer shall
provide and furnish for each licensed dog, a metallic tag upon which
there shall be stamped or engraved the registered number of the
dog, the words "New Hope", the year and month at the end of which
period the license expires. The month shall be designated with arabic
numerals. Every owner shall be required to provide each dog with a
collar to which the license tag must be affixed, and shall see that the
collar and tag are constantly worn.
Subd. (2) ' LoSt Tags.
In case a dog tag is lost or destroyed, a duplicate or new tag
will be issued by the Clerk-Treasurer upon proof that such dog was
licensed, and the payment of $1.00 for such duplicate.
Section 3. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope this 22 day of
June .... , 1981.
Betty Poffliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the' ~" day of' .,4~'~!-~ , 1981.)
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA (
COUNTY OF HENNEPIN ~ SS.
Richard Germundson, being duly sworn, on oath says he is end during ell times herein stated has been the Vice-President
of The Post Publishing Co., publishe~ end printer of the newsl~per know~ as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format end in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weakly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columnS, devoted to news of local interest fo the community which
it purparts to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second*class matter in its local past.
office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control du ring all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State end signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed...~....~.. ~.~....~.....'....~./..~...~....--..... ~....~.' .....
hereto attached es a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the ng,,sh,anguege. once each week. for...(..success,ve that,t was f,rst so p,b, ished on
the. J.'.~....~.day of...~.~/..'~...~... 19..~..J.. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size ancl kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--Sv2 pt. Sans
Subscribed and sworn to before
me this..../.~/.....~.. ........ day 0f..~~.A.D., 19...0~../.
.........................................................
(NOTARIAL SEAL)
Notary Public, .............................. County, Minnesota
My Commission Expires .............................. 19 ......
~ ~ HENNEPIN qOUNTY
~ ~Y ~mmi~i0n Expires Jan, 2I, 1982 ~
ORDINANCE 81- 6
AN ORDINANCE AMENDING SECTION 10.01,
"LIQUOR LICENSES" AND 10.51 "CONDITIONS OF
LICENSE" TO PROVIDE FOR LICENSES TO
BOWLING ALLEYS, INCLUDING SUNDAY
City of New Hope, Minnesota
The City Council for the City of New Hope ordains:
Section 1. Section 10.01 of the City Code, "Definition" is amended as to Subd. (4)
On-Sale Restaurant to read as follows:
Subd. (4) On-Sale Restaurant.
"On-Sale Restaurant": Sale of liquor by the glass or by the
drink for consumption in a restaurant, hotel or bowling alley.
Section 2. Section 10.01 is amended as to Subd. (9) to read as follows:
Subd. (9) Restaurant.
The term "restaurant" for purposes of the sale of intoxicating
liquors, means any establishment, other than hotel, under the control
of a single proprietor or manager, having appropriate facilities to serve
meals, for seating not less than 200 guests at one time for meals, and
where in consideration of payment therefor, meals are regularly served
at tables to the general public, and which employs an adequate staff for
the usual and suitable service to its guests, and the principal part of the
business of which is the serving of foods. A bowling alley with not less
than 24 lanes, and with seating capacity to serve food to not less than
30 people is also a restaurant for purposes of this ordinance.
Section 3. Section 10.51 "Conditions of License" is amended as to Subd. (20)
and (21) to read as follows:
Subd. (20)
A restaurant shall be conducted in such a manner that a principal
part of the business for a license is the serving of foods. A hotel shall
be conducted in such a manner that, of that part of the total business
attributable to or derived from the serving of foods and intoxicating
liquors, the principal part of the business for a license year is
the serving of foods. Provided, however, that a bowling alley which
qualifies as a restaurant under Section 10.01 Subd. (9) shall have
as its principal part of its business for the year the operation of the
bowling lanes.
Subd. (21)
No "Special License for Sunday Liquor Sales" licensee
shall serve liquor on Sunday except in conjunction with the serving
of food or operation of a bowling alley which qualifies as a restaurant
under 10.01 Subd. (9).
Section 4. This ordinance shall be effective upon is passage and publication.
Dated the 22 day of June , 1981.
./ Edw. J.~/i~kson, Mayor
]~etty Pot~iot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the ~ day of July, 1981)
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
SS.
COUNTY OF HENNEPIN
Richard Gecmundsen, being duly sworn, on oath says he is end during ell times herein stated has been the Vice-President
of The Po~t Publishing Co., publisher end printer of the newspaper known es
NEW HOPE-PLYMOUTH POST
and has full knowledge of the factS herein stated as follows:
(1) Said newspaper Is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
weak. (3) Said newspaper has 50 percent of itS news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (S) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news~ sale Of advertisements and sale Of subscriptioris and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during ell
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has flied with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn fo before a notary public stating that the newspaper
is a legal newspaper.
He furtyer states on oath that the printed .~--~...~. ·. ..... .~.. ! .2'...~. ..... t..t....~.....,~.~...~....~~r
o. .....
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the English language, once each week, for....J., successive weeks; that it was first so published on . O/~t~~
to and including the .......... day of ........................ 19 ...... and fhaf the following is a printed copy of the
lower case alphabet from A to Z, both inc.lusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publ ication of sa id notice, to wit:
abcdefghiiklmnopqrstuvwxyz--S1/2 pt. Sans
Subscribed and sworn to before
o~i
methis ..~.....~...' .......... dayof../~~...A.D., 19 ......
(NOTARIAL SEAL)
Notary Public ............................... County~ Minnesota
My Commission Expires .............................. 19 ......
',.~~' ~ ~,~ ~o ,~ PeW ~ITM~.
My Commission Expires Jan. 2i, 19E~2
ORDINANCE 81-7
AN ORDINANCE AMENDING SECTION 4.033 (3) (a) (2)
OF THE ZONING CODE PERTAINING TO
PERFORMANCE STANDARDS FOR FENCING AND SCREENING
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 4.033 (3) (a) (2) entitled "Permitted Fencing
and Screening" is amended to read as follows:
2. No fence, other than a chain link or woven wire ~fenc~' forty-
eight (48) inches or less in height with openings between
one and five eighths (1 - 5/8) and two (2) inches, shall
be permitted within twenty (20) feet of any corner formed by
the intersection of street property lines or the right-of-
way of a railway intersecting a street. The twenty (20)
feet referred to above shall be in the form of a triangle
with two sides formed by the property lines and the third
side formed by a straight line connecting the two (2)
twenty (20) foot points on each side of the corner. No
planting or structure which exceeds a width of twenty-
four (24) inches within a height eight (8) feet or less
from the top of the street curb shall be permitted within
said triangle.
Section 2. This ordinance shall be in full force and effect
from and after its passage and publication.
Passed by the City Council of the City of New Hope this
13th day of July, 1981.
Edwar~:Erick~on, Mayor
Bett~ Po~iot, City Clerk-Treasurer
Published in the New Hope Plymouth Post the 23 day
of July, 1981
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STAT~- OF MINN~--~OTA ~
COUNTY OF H~-NN~--PII~
Richard Germundse~, being duly sworn, on oath says he is and during all times herein stated has been the Vice-President
of The Post Publishing CO., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least ~06 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspepar has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 5iX) copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hOurs for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 19~ and each January ] thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of sa id newspaper and sworn to before a notary public Stating that the newspaper
is a legal newspaper.
He further states on oath that the printed..~. ~. .... ?. ]. 7. · .~....~....~ .~.. · .~. :~.. ~ .........
hereto attached as a par t~erec fk'"iwas ¢ u t fr~e m the columns of said/ewspaper, and was printed ar(id i: u b~li~ei~i~
the English language, once each week, for.../., successive weeks; that it was first so pu bi ished on .~..).~~.
the..~....~...~, ay of.. :~,'~ ..... 19.~..!. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the com position and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
methis~&/ ..~ dayof..~...A.D., ]9...~../.
......................................................
(NOTARIAL SEAL)
Notary Public ............................... County, ~innesota
~y Commission Expires .............................. 19 ......
E "j~ Comm~ssM~ E~(p~res jan. 2~, ]9S2
ORDINANCE 81-8
AN ORDINANCE AMENDING THE ZONING CODE
BY CHANGING THREE PARCELS AT 45th and XYLON
AVENUES NORTH FROM B-4 TO R-5
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
SeCtion 1: Section 4.33(1) of the City Code, "Extent' 0f' B~4' COmmunity
BUSineSS ~DiStriet'' is amended to read:
(1) Ail of the Northeast 1/4 of the Northeast 1/4 of Section 18,
Township 118, Range 21, EXCEPT: the North 350.98 feet
of the West 409.11 feet thereof.
Section 2: Section 4.28A, '"Extent of' R'5 Senior' Citizen 'Residential
District" is hereby added to the Code, as follows:
4.28A 'Extent Of R-'5' Senior 'Citizen' ReSidential' Housing 'DiStric[ .
The following area in the City shall COmprise the R-5 Senior
Citizen Residential Housing District:
(1) The North 350.98 feet of the West 409.11 feet of the
Northeast 1/4 of the Northeast 1/4 of Section 18, Town-
ship 118, Range 21.
Section 3: This ordinance shall be effective upon its passage and publication.
Passed by the City Council of the City of New Hope the 13th day of July,
1981.
/ ~E~lw 'Z~ricks°n' Mayor
Attest: ~ ........
'-- ~Bet~ Pou-liot, Clerk-Treasurer "
Published in the New Hope-Plymouth Post the day of ........ ,
1981.
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
ReSl-
.~- OF MINNESOTA
SS.
TY OF HENNEPIN
;ermundsen, being duly sworn, on oath says he is and during ~11 times herein stated has been
the
Vice-President
........ st Publishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper'ls a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of He~nepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printer~ .CE~ ...... .~.. ~.T'...~....-'...~.~'7~...~..~.:..~/...~...01~'~,.~..
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the English language, once each week, for.. ?... successive weeks; that it was first so published on
the..~...0...~.~ay of..¢ ..~....~...~ .~7~~' -""~ ...... 19..~./.. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ ]9 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--SV2 pt. Sans
Subscribed and sworn to before
me this ........ ~ ........ day o~?...~?.;.H......~J....~.., ......
(NOTARIAL SEAL)
Notary Public ............................... County, AAinnesota
AAy Commission Expires .............................. 19 ......
~ly Commission Expires Jan. 21 ~gS? 57
ORDINANCE 81-9
AN ORDINANCE AMENDING CHAPTER 6.90 OF THE CITY CODE
RELATING TO CONDUCT IN PUBLIC PARKS BY BANNING THE
POSSESSION OF GLASS BEVERAGE CONTAINERS WITHIN THE PARKS
AND PROHIBITING DISPOSITION OF ALL GLASS CONTAINERS
WITHIN THE PARKS
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 6.93(b), "Refuse and Trash" is hereby amended
to read as follows:
6.93 Sanitation.
No person in a park shall:
(b) Glass Bottles and Refuse.
Subd. (1) Glass Bottles. Have brought in, use, or be
in possession of any kind of glass bottles or containers used
for the purpose of storing, transporting, mixing, or consuming
soft drinks, non-intoxicating malt beverages, or intoxicating
liquor nor shall any glass bottles or containers Used for any
other purpose be placed in any waters in or contiguous to
any park or left on any park grounds or in any receptacles
within any park, including trash receptacles.
Subd. (2) Refuse. Have brought in or shall dump, deposit,
or leave any broken glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage, refuse or other trash. No Such
refuse or trash shall be place in any waters in or contiguous
to any park, or left on the grounds thereof, but shall be placed
in the proper trash receptacles where these are provided;
where trash receptacles are not so provided, all such rubbish
or waste shall be carried away from the park by the person
'responsible for its presence, and properly disposed of elsewhere.
Section 2. This ordinance shall be in full force and effect from and
after its passage and publication.
-2-
Passed by the City Council of the City of New Hope this 27th day
of July, 1981.
Attest: ~ /'2'~ J. E~c~--~on, Mayor
Betty P~liot, Clerk-Treasurer
Published in the New Hope-Plymouth Post the ~* day of August, 1081.
NEW HOPE-PLYMOUTH pOST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA.
COUNTY OF HENNEPIN
Richard Germundsan, being duly sworn, on oath says he is and during all times herein stated has been the Vice-President
of The Post Publ tshJng CO., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months Jn arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to befor~ a notary public stating that the newspaper
is a legal newspaper.
Hefurthei ,atesonoat,' atthep:inted ~'~ - dC / -- .~. - I~' ~
, ..... ' ............................ , .............. ..........................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the English language, once each week, for../.., successive weeks; that it was first so published on
the./~...~..L..day of.~~.. 19...~. !.and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
me .......... day
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
< My Commission Expires Jar~. 21, iqr') ~
ORDINANCE NO. 81-10
AN ORDINANCE RELATING TO NOISE, PROVIDING FOR THE ELIMINATION AND
PREVENTION OF PROHIBITED NOISE, AND IMPOSING PENALTIES FOR VIOLATION
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. The New Hope City Code is hereby amended by the addition thereto
of the following Sections 9.300 through 9.3010:
9.300 REGULATION AND ABATEMENT
OF PROHIBITED NOISE
9. 301 Definitions.
9. 300 General: Words and phrases defined in .this section have, when
used in this ordinance, the meanings given below. Any other
word or phrase used in this ordinance, and defined in regula-
tions of the Minnesota Pollution Control Agency Noise Pollution
Control Section, NPC-1 and NPC-4, has the meaning given in
those regulations.
9.3011 Air Circulation Device means a mechanism designed and used
for the controlled flow of air used in ventilation, cooling, or
conditioning, including, but not limited to, central and window
air conditioning units.
9.3012 L10 means the sound level, expressed in decibels (dBA) which
is exceeded 10 percent of the time for a one-hour period, as
measured by a sound level meter having characteristics as
specified in the current standards, S 1.4, of the American
National Standards Institute, which are hereby adopted by
reference, and using test procedures approved by the noise
control officer.
9. 3013 'LS0 means the sound level similarly expressed and measured
wi{ich is exceeded 50 percent of the time for a one-hour period.
9. 3014 Person means an individual, firm, partnership, corporation,
trustee, association, the state and its agencies and subdivisions,
or any body of persons whether incorporated or not. With
respect to acts prohibited or required herein, "person" shall
include employees and licensees.
9. 302' 'General prohibition of Excessive Noise.
No person shall make or cause to be made any distinctly and loudly
audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort,
repose, health, peace, safety, or welfare of any persons or precludes their enjoyment
of property or affects their property's value. This general prohibition is not limited
by the specific restrictions of the following subdivisions.
9.3021 Motor Vehicles: No person shall operate a motor vehicle in the
city in violation of the motor vehicle noise limits set by regula-
tions of the Minnesota Pollution Control Agency, which are
hereby adopted by this reference.
9.3022 Horns, Audible Signaling Devices, etc.: No person shall ex-
cessively sound any horn or other audible signaling device
on any vehicle, and while on a public highway, no person shall
sound any horn or other audible signaling device on any vehicle
except as a warning of danger. M.S. § 169.68 is hereby adopted
by this reference.
9.3023 Exhaust . No person shall discharge the exhaust, or permit
the discharge of the exhaust of any steam engine, stationary
internal combustion engine, motor boat, motor vehicle, or snow-
mobile except through a muffler or other device that effectively
prevents loud or explosive noises therefrom and complies with
all applicable state laws and regulations.
9. 3024 Defective Vehicles or Loads. No person shall use any vehicle
so out of repair or so loaded as to create loud and unnecessary
grating, grinding, rattling, or other noise.
9.3025 Loading, Unloading, Unpacking. No person shall create loud
and excessive noise in loading, unloading, or unpacking any
vehicIe.
9.3026 Radios, Phonographs, Paging Systems, etc.: No person shall
use or operate or permit the use or operation of any radio
receiving set, musical instrument, phonograph, paging
systems, machine or other device for the production or
reproduction of sound in a distinctly and loudly audible manner
as to disturb the peace, quiet, and comfort of any person nearby.
Operation of any such set, instrument, phonograph, machine,
or other device between the hours of 10:00 p .m. and 7:00 a.m.
in such a manner as to be plainly audible at the property line
of the structure or building in which it is located, ce in the
hallway or apartment adjacent shall be prima facie evidence of a
violation of this section.
-2-
9. 3027 Participation in' NOiSy Parties or Gatherings: N° person shall
participate in any party or other gathering of people giving to
rise noise, disturbing the peace, quiet, or repose of another
person. When a police officer determines that a gathering is
creating such a noise disturbance, the officer may order all persons
present, other than the ower or tenant of the premises where
the disturbance is occurring, to disperse immediately. No per-
son shall refuse to leave after being ordered by a police officer
to do so. Every owner or tenant of such premises who has
knowledge of the disturbance shall make every reasonable effort
to see that the disturbance is stopped.
9.3028 Loudspeakers, Amplifiers for Advertising, etc. : No person
shall operate or permit the use or operation of any loudspeaker
sound amplifier, or other device for the production or repro-
duction of sound on a street or other public place for the purpose
of advertising or attracting the attention of the public to any
commercial establishment or vehicle.
9. 3029 Animals: No owner or person in charge of an animal shall permit
any animal to disturb the comfort or repose of persons in the
vicinity by its frequent or continued noise.
9.30210 Schools, Churches, Medical Facilities, etc.: No person shall
create any excessive noise on a street, alley, or public grounds
adjacent to any school, institution of learning, church, nursing
home, medical facilities, or home for the elderly when the noise
unreasonably interferes with the working of the institution or
disturbs or unduly annoys its occupants or residents
and when conspicuous signs indicate the presence of
such institution.
9.30211 ~ Internal COmbUStiOn Engines: No person shall create
any excessive noise by permitting diesel engines to idle,
or by building, repairing, or testing motor vehicles or
other internal combustion engines, which causes a disturbance
beyond the property line where the activity takes place.
9.303' 'HOurly Restriction on Certain Operations.
9. 3031 Recreational Vehicles: No person shall, between the hours
of 10:00 p .m. and 7:00 a.m., drive or operate any minibike,
snowmobile, or other motorized recreational vehicle not licensed
for travel on public highways.
-3-
9.3032 ~Domestic Power Equipment: No person shall operate a power
lawn mower, power hedge clipper, chain saw, mulcher, garden
tiller, edger, drill, or other similar domestic power maintenance
equipment except between the hours of 7:00 a.m. and 10:00 p .m.
on any weekday or between the hours of 9:00 a.m. and 10:00 p.m.
on any weekend or holiday. Snow removal equipment is exempt
from this provision.
9.3033 Refuse Hauling: No person, except a resident handling his own
trash, shall collect or remove garbage or refuse in any residen-
tial district except between the hours of 6:00 a.m. and 6:00 p .m.
on any weekday or between the hours of 9:00 a.m. and 9:00 p .m.
on any weekend or holiday.
9. 3034 Construction Activities: No person shall engage in or permit
construction activities involving the use of any kind of electric,
diesel, or gas-powered machine or other equipment except
between the hours of 7:00 a.m. and 10:00 p .m. on any weekday
or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend
or holiday in such a manner as to be plainly audible at the property
line of the structure or building or parcel of land on which it is
located.
9. 304 Receiving Land Use Standards.
9.3041 Maximum Noise Levels by Receiving Land Use Districts: No
person shall operate or cause or permit to be operated any source
of noise in such a manner as to create a noise level exceeding the
limit set in Table i for the receiving land use category specified
when measured at or within the property line of the receiving
land use.
Table 1. Sound Levels by Receiving Land Use Districts
Day Night
(7:00 a.m. - 10:00 p.m.) (10:00 p.m. - 7:00 a.m.)
Land Use Districts L10 L50 L10 L50
R-l, R-2, R-3, R-4,
R-5, R-O 65 60 55 50
B-l, B-2, B-3, B-4 70 65 70 65
I-1, I-2 80 75 80 75
-4-
The limits of the most restrictive district shall apply at the
boundaries between different land use categories. The deter-
mination of land use shall be by its zoned designation.
9. 3042 Exemptions: The levels prescribed in 9.3041 do not apply to
noise originating on public streets and alleys, but such noise
shall be subject to other applicable sections of this ordinance.
9.305 Air Circulation Devices.
No person shall permanently install or place any air circulation device,
except a window air conditioning unit, in any outdoor lcoation until the noise control
officer determines that the device in that location will comply with the noise level
standards prescribed in 9. 304 and issues a permit for the installation. The noise pro-
duced by any window unit and by any existing air circulation device shall be attenuated
by means deemed appropriate by the noise control officer, including, but not limited to,
relocation of such devi~e, if the noise results in or contributes to a violation of 9. 304.
9.306 Exception for Emergency Work.
Noise created exclusively in the performance of emergency work to pre-
serve the public health, safety, or welfare, or in the performance of emergency work
necessary to restore a public service or eliminate a public hazard shall be exempt from
the provisions of this ordinance. Any person responsible for such emergency work
shall take all reasonable actions to minimize the amount of noise.
9. 307 Powers and Duties of Noise Control Officer.
9. 3071 Administering Officer: The noise control program established
by this ordinance shall be administered by the noise control
officer, who shall be appointed by the city manager.
9. 3072 Testing Procedures: The noise control officer shall adopt
guidelines as approved by the city manager establishing the
test procedures and instrumentation to be used in enforcing the
provisions of Section 9. 303 imposing noise standards. A copy
of such guidelines shall be kept on file in the office of the noise
control officer and shall be available to the public for reference
during office hours.
9. 3073 Studies: The noise control officer shall conduct such research,
monitoring, and other studies related to sound as are necessary
or useful in enforcing this ordinance and reducing noise in the
city. The noise control officer shall make such investigations and
inspections in accordance with law as required in applying ordinance
requirements.
-5-
9. 3074 NOise Impact Statements: The noise control officer may require
any person applying to the City for a change in zoning classifi-
cation or a permit or license for any structure, operation,
process, installation, or alteration, or project that may be con-
sidered a potential noise source to submit a noise impact statement
on a form prescribed by the officer. The noise control officer
shall evaluate each such statement and make appropriate recom-
mendations to the building official and City Council authorized to
take the action or approve the license or permit applied for.
9. 3075 Other Powers and Duties: The noise control officer shall exer-
cise such other powers and perform such other duties as are
reasonable and necessary to enforce this ordinance.
9.3076 Police Department Enforcement: The Police Department shall
participate in the enforcement of this ordinance to the extent
authorized by the noise control officer, with the approval of the
City Manager.
9. 308 Variances.
9. 3081 Authority: The noise control officer shall have autl~rity, con-
sistent with this section, to grant variances from the requirements
of any section of this ordinance.
9. 3082 Application: Any person seeking a variance shall file an appli-
cation with the noise control officer on a form prescribed by the
officer. The application shall state the dates during which the
variance is proposed, the location of the noise source and times
of operation, the nature of the noise source, reasons why the
variance is sought, steps taken to minimize the noise level, and
such other information as is required by the noise control officer.
If the application is for a variance of more than three days, the
noise control officer shall give mailed notice of the requested
variance to all property owners and residents within 500 feet
of the noise source. Any person claiming to be adversely affected
by the variance applied for may, within 10 days of mailing of the
notice, file a statement with the noise control officer in support
of his/her claim.
9. 3083 Action on Application: If the noise control officer finds that sub-
stantial controversy exists regarding the proposed variance, the
application and written statement received shall be referred to
the City Manager, who shall have 10 days to make a determination
as to whether the. variance shall be granted.
9.3084 Appeals: If either the applicant or a protestor is aggrieved by
the decision of the City Manager, the decision may within 10
days be appealed to the City Council for a public hearing, after
10 days mailed notice to property owners and residents within
500 feet of the noise source.
9. 3085 Variance Standards: In approving or denying applications for
a variance, the noise control officer or the appeal authority may
approve a variance application only with a finding that full com-
pliance with the requirements of the ordinance would constitute
an unreasonable hardship on the applicant, on other persons,
or the community. In determining whether to grant or deny the
application, the noise control officer or the appeal authority
shall balance the hardship to the applicant against the adverse
impact on the health, safety, and welfare of the persons affected,
the adverse impact on property and persons affected, and any
other adverse effects of granting the variance.
9. 3086 Condition: The variance may be granted subject to conditions,
including a time limit, all of which shall be clearly stated.
9. 309 Enforcement.
9. 3091 Notice of Certain Violations: When the noise control officer
determines that a noise exceeds the maximum sound level per-
mitted under Section 9.304, he or she shall give written notice
of the violation to the owner or occupant of the premises where
the noise origip~tes and order such person to correct or remove
each specified violation within such reasonable time as is pre-
scribed in the notice. The failure to remove or correct any such
violation within the time so prescribed constitutes a violation
of this ordinance. The noise control officer shall be deemed to
be a person under the jurisdiction of the Director of Protective
Inspections within the purview of Section 11.52 of the City Code,
authorized to issue tickets for the violation of the provisions of
this ordinance.
9. 3092 Criminal Penalties: Any violation of this ordinance involving
the operation of a motor vehicle is a petty misdemeanor and, upon
conviction, the violator shall be punished by a fine of not to
exceed $100, plus the costs of prosecution. Every person who
violates any other provision of this ordinance is guilty of a mis-
demeanor and shall, upon conviction, be subject to a fine of not
more than $500 or imprisonment for a term of not to exceed 90
days, or both, plus, in either case, the costs of prosecution.
Each act of violation and each day a violation occurs or continues
constitutes a separate offense.
-7-
9.3010 Effective 'Date.
This ordinance shall be effective after its passage and publication.
Passed by the Council of the City of New Hope this 2 4th day of August , 1981
Attest:
Betty Poulio~, Clerk-Treasurer
Published in the New Hope-Plymouth Post on the .. 3 day of September , 1981
-8-
NEW HOPE-PLYMOUTH POST
, ponow *nV PUBLICATION
and defined n AFFIDAVIT OF
OFoFMINNESOTAHENNEPiN } SS.
Of :the: d Germundse~, being duly sworn, on oath says he is and during all times herein stated has been the Vice-President
~ CO., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
e of the facts herein stated as follows:
requ Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
(3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
erve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
(4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
paid or no more than three months in arrears and has entry as second-class matter in its local post.
(5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
r of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
ular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
officer of said newspaper or persons in its employ and subject to his direction and control during all
· hours and at which time said newspapor is printed. (6) Said newspaper files a copy of each issue immediately
State Historical Society. (7) Said newspapor has complied with all the foregoing conditions for at least two years
eg the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
t the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
newspaper. ~.~..~
~er states on oath that the printed .~. · .~. · .~.. ·..~.. · -~. .... .~. · .(..~. - ./-..~ .... -~..
3ttached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
lish language, onceeach week, for...?..successiveweeks; that itwas first sopub shed on
was thereafter printed and published on every .....................
including the .......... day of ........................ ]9 ...... and that the following is a printed copy of the
alphabet from A to Z, both inclusive, e'nd is hereby acknowledged as being the size and kind of type used in
lion of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--5V2 pt. Sans
ibed and sworn fo before
........... ' ·
...................................................
~RIAL SEAL)
Public ............................... County, ~innesota
fix~ire~ .............................. 1¢ ......
~er. drill, or oth~ s ~,iOTAR'?, uud~'-... ,~,~..~'*', ~ - ' ~ ~
weekday · . ;.
w~k~ or ~ ~ty Commission Exp~es ~n~. 2!, i$~2 '~
' this provision. : ;
9.~3 R~se Hauling: , :
ORDINANCE 81-11
AN ORDINANCE AMENDING THE ZONING CODE
BY CHANGING A PARCEL OF LAND FROM
B-1 TO B-2 (PLANNING CASE 81-50)
City of New Hope, Minnesota
The City Council of the City of New Hope, Minnesota, ordains:
Section 1. Section 4.30 of the City Code, "EXTENT OF LIMITED NEIGHBORHOOD
BUSINESS DISTRICT" is hereby amended by the deletion therefrom of
4.30(2), in its entirety, being Tract B, RLS 1245.
Section 2. Section 4.31 of the City Code, "EXTENT OF B-2 RETAIL BUSINESS
DISTRICT" is hereby amended by the addition thereto of the following
4.31(10):
(10) Tract B, RLS 1245
Section 3. This ordinance shall be in full force and effect after its passage
and publication.
Dated the 28th day of September, 1981.
/ kw. l~/~--ric son, lvlayor
Attest: ~~
Betty Prouliot, City Clerk-Treasurer
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA (
COUNTY OF HENNEPIN ~ SS.
Richard Germum~en, being duly sworn, on oath says he is and during ell times herein stated has been the Vice-President
of The Pest Publishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has foil knowledge of the facts herein stated as follows:
(I) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
i~ week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
( 1). it purports to serve and does not wholly duplicate any other publication and is not mede up entirely of patents, plate matter
0nty,. and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
an is a legal newspaper.
iS He further states on oath that the printed ...,..... ~.... ,: ...... ~ ...............................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the English language, once each week, for.../'..successive
the. !.~...~%. day of. ~.~.~'~ .~.~. 'J~-.~1/9..?..~. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
45 the composition and publication of said notice, to wit:
days
begun On t abcdefghiiklmnopqrstuvwxyz--SV2 pt. Sans
is not
days after due the
'los penalty
County
, ~ ,Auditor with the taxes against '~'"~ ~/~~~..
' "S0Chp,i~operty and shall'be
~ '.cbl.leEted with other taxes On such
property.
~fien 4. Section 5.168, Subd, (6} of
'~l~ity Code Testing Meters is ......................
_hereby amended to reed as follows:
S'ub~:l. '(6] l~estlng Meters Subscribed and sworn to before
Awater or sewer meter connected
to the ~unicipal system s~all be me th,s
,f ?.cdnside~'ed accurbte if it records * m ............ r ......... y 0f..~,''''~...: ......... D., 9 ......
-'wlthin 3 per cent of .actual flow. if
upon te~, ting by the city, the meter
~is foun~l to be inaccurate, it.shall .~. :.;~.~.
~be replaced ~vithout charge ~o the .........................................................
· consur~er, unless the meter has
~. :~een damaged by th~ COnSumer, If (NOTARIAL SEAL)
i~.-.:damaged by the consumer, the
consumer shall .pay- the cost of a
meter. NO ~refond of' ad- Notary Public ............................... County, Minnesota
shall ,be, made for
on an' inaccurate
My Commission Expires .............................. 19 ......
5.169 of the City
is' hereby
ORDINANCE NO. 81 - 12
AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE PERTAINING
TO SEWER AND WATER RATES
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 5.52, Subd.(1) of the City Code Minimum Charqes is hereby amended to read as follows:
Subd.(1) Minimum Charges
The minimum quarterly sewerage charge, whether use of
water is metered or not, shall be Three Dollars ($3.00)
plus One Dollar Two Cents ($1.02) for each 1,000 gallons
over and above the initial 1,000 gallons for the quarter.
Section 2. Section 5.52, Subd. (2) of the City Code Sewer Rates Based on
Metered Water is hereby amended to read as follows:
Subd. (2) Sewer Rates Based on Metered Water
For all premises where the sewer rate is based upon the
metered use of water, the rates shall include the mini-
mum charge provided in Subd.(1) of $3.00 per quarter,
plus One Dollar Two Cents ($1.02) for each 1000 gallons
of water consumption over and above the initial 1,000
gallons of sewerage included in the minimum charge in
Subd.(1). For single family residences only, sewer
charges shall be computed on the basis of actual gallons
of water metered during the winter billing quarters;
winter quarters are the quarters billed from January to
the following May; sewer charges for the summer quarters,
quarters billed from June to the following November,
shall be determined by averaging the gallonage of water
metered during the winter billings; provided, however,
that the gallons charged for the summer billings shall
not exceed an amount equal to the actual metered water,
if actual usage is less than the amount determined by
the averaging method.
The quarterly periods shall be as uniform as feasible
throughout the city.
Section 3. Section 5.169 of the city code water Rates is hereby amended to read as follows:
5.169 Water Rates
Water bills shall be concurrent with sewer billings. The
rate for water furnished to consumers by the municipal
water system shall be as follows: The minimum quarterly
charge will be $3.00 for each meter plus Seventy Cents ($.70)
for each 1,000 gallons of consumption over and above the
initial 1,000 gallons recorded on said meter for the quarter.
- 2 -
Section 7. This ordinance shall be effective JanUary 1, 1982.
Adopted by the City Council of the City of New Hope this 14th day of
December, 1981.
ATTEST: . ~~
City Clerk-Treasurer
(Published in the New Hope-Plymouth Post on the day of December, 1981).
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MIIg'I~OTA
COUNTY OF HENNEPIN
Richard Germundse~, being duly sworn, on o~th says he is end during &Il times herein stated has been the Vice-President
of The Post Publishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledg · of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second-class mal~er in its local post-
office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of He~nepin and it has its known office of issue in the City of New Hope in said county, established end open
during its regular business hours for the gathering of news, sale of advertisements end sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 19~ and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating tl~the newspaper
is a legal newspaper.
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the English language, once each week, for.. ?... successive weeks; that it was first so pub shed on .~..J ?~
the...~.../~(,..~ay of...~..~19.C. (.. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the cum position and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
me this....~...-'~....-'~.- ....... day of...~..~~~9.?--/. ·
....... ...............................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......