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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 ......