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1983 ORD ORDINANCE 83-1 AN ORDINANCE REPEALING SECTIONS 8.50, 8.51 AND 8.52 OF THE CITY CODE RELATING TO SOLICITORS, PEDDLERS, HAWKERS, ITINERANT WORKERS AND TRANSIENT VENDORS City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Sections 8.50, "Solicitors, Peddlers, Hawkers, Itinerant Merchants and Transient Vendors", 8.51, "Nuisance", and 8.52, "Abatement", of the City Code are hereby repealed. Section 2. Effective Date. This ordinance shall be in effect after its passage and publication. Dated the 14th day of February, 1983. Attest: ~~_~ . . Cle~gk-Treasurer (Published in the New Hope-Plymouth Post the 24th day of February, 1983.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINN~--~OTA ~ COUNTY OF HENNEPIN Richard Germunclsan, being duly sworn, on oath says he is and during all times herein stated has been the Vice. President of The Post Publ JshJng Co., publisher and printer of the newspaper known es NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (]) 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 throe 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 ifs 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 af 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 fha 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 thereeffer 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 puJ~c stating that the newspaper is a legal Hefurther states on oath that the printed ..~ ..~....'~.. ~ Y.'.~..~..~....~...'~...~..!...Tr.. ¥ ~"O"~'~L~'~ ~-~-f the 1--nglish languag~e, ~o/~ce each week, for../.., successive weeks; that it was first so published on(~./..~c,..,~.,L~ th .e~..../...~. 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 pu blication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before (NOTARIAL SEAL) Notary Public, ..................... . My Commission Expires .............................. 19 ...... ·. ORDINANCE NO. 83- 2 AN ORDINANCE AMENDING SECTION 8.80 OF THE CITY CODE, PINBALL MACHINES, BY REPEAL OF SECTIONS 8.86 AND 8.87, OPERATION BY MINORS AND REVOCATION City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Section 8.86 of the City Code, pertaining to pinball machines, entitled, "Minors May Not Operate" is hereby repealed. Section 2. Section 8.87 of the City Code, pertaining to pinball machines, entitled "Revocation" is hereby repealed. Section 3. Effective Date. This ordinance shall be effective upon its passage and publication. Dated the ~" day of March, 1983. ~wayor Atte st: ~~ C~j~ Clerk-Treasurer (Published in the New Hope-Plymouth Post the 7th day of April, 1983.) NEW HOPE-PLYMOUTH pOST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN~ SS. Richard Germundsen, 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 es NEW HOPE-PLYMOUTH POST a nd 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 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 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 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.. Q~..~...~.... ~..~., .~... .... , .?., .~., ~, .~.. ..................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in anguage, once each week, for.../, successive weeks- that it was first so published on..~./?.~ the Eng sh the...~.. ~f~. 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: abcdefghijklmnopqrstuvwxyz--5½ pt. Sans Subscribed and sworn to before (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ~ORDINANCE NO. 83-3 AN ORDINANCE RE-ESTABLISHING SECTIONS 8.50 AND 8.51 OF THE CITY CODE RELATING TO SOLICITORS, PEDDLERS, HAWKERS, ITINERANT WORKERS AND TRANSIENT.VENDORS City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Section 8.50 is hereby added as a heading to the City Code, entitled: REGULATION OF SOLICITORS, PEDDLERS, HAWKERS, ITINERANT WORKERS, AND TRANSIENT VENDORS. Section 2. Section 8.51, "Nuisance", is hereby added to the City Code, to read as follows: 8.51 Nuisance. The practice of going in and upon private residential premises in the City by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residential premises for the purpose of soliciting orders for the sale of goods, wares and merchandise, and/or for the purpose of disposing of and/or peddling or hawking same is declared to be a nuisance, and punishable as such nuisance as a misdemeanor, if, at the time of such solicitation a sign is posted by the occupant prohibiting solicitation or peddling on the premises, and if the sign is on the front door, or within one foot of the front door, and plainly visible to a person attempting to knock or ring at the front door, or otherwise attempting to gain the attention of any occupant of the premises. Section 3. Penalty. Violation of this ordinance shall be a misdemeanor, punishable as provided by the City Code. Section 4. Effective Date. This ordinance shall be in effect after its passage and publication. Dated the 28th day of February, 1983. Attest: ~ ~/ Clerk-Treasurer ,J (Published in the New Hope-Plymouth Post the day of March, 1983.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN[ SS. Richard Germun~sen, 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 ~0 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 51:j 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 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 ail 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, 1~6 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. Hefurtherstatesonoaththattheprinted .~_~..~...~,-~.~-~,C~,~ ~ ~ (~'~ _ ~ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in th~Eng~ish~nguage~nc~achw~k~f~r~s~ccessiv~ks;fha~i~wasfirs~s~p~b~ish~d~n~~~ the...J..~... · .~ay of. ~..~...'~....~.... 19. ?...~. and was thereafter pr nted 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--SV2 pt. Sans Subscribed and sworn fo before me this... ?../..~ ......... day of iiiii .............................................. (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE 83-4 AN ORDINANCE AMENDING THE ZONING CODE BY CHANGING LOT 2, BLOCK 1, TETZLOFF ADDITION FROM R-O to B-2 (A. C. CARLSON) City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Section 4.29, Extent of R-O Residential-Office District is hereby amended as to paragraph (3) to read: (3) Lot 1, Block 2, Tetzloff First Addition. Section 2. Section 4.31, Extent of B-2 Retail Business District, is hereby amended by the addition thereto of paragraph (10) to read: (10) Lot 2, Block 1, Tetzloff First Addition. Section 3. Effective Date. This ordinance shall be effective upon its passage and publication. Dated the 14th day of March, 1983. / // yor Attest: ~~ Ci~y~-Treasurer (Published in the New Hope-Plymouth Post this day of March, 1983.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA f COUNTY OF HENNEPIN~ SS. Richard Germundso~, being duly sworn, on oath says he is end 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 end has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in fha 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 weakly and is distributed at least once each week. (3) Saidnewspaperhas5~percent~fitsnewsc~~umns~dev~fedf~news~f~~ca~in~erestf~fhec~mmunitywhich if 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 af least 500 copies regularly delivered fo paying subscribers, has an average of at least 75 percent of ifs 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 ifs employ and sub jecf to his direction and control dur lng all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with fha 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 fo 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 end sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ..... ...~.. ~~-:..~.....:..'~...~...~. .... .~....~....~.~.~. .............. hereto attached as e part hereof was cut from the columns of said newspaper, and was printed and published therein in the~heEng~ish~ang~age~°nceea~hw~ek~f°r.~../~.s~ccess~veweeks;thatitwasfirsts°p~b~ished°n~=~-~ '"~'"~ · /- .~.. ·.. · ~Y of.. ~.. -~ff. ...... 19 ...... 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 corn position and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--5v2 pt. Sens Subscribed and sworn to before meths /~ ~- dayof (~"~ AD 19 ............... ~ ......, .......... ;.~..~. .............. (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 83-5 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CERTAIN EXPANSION OF PINBALL GAMES AS PERMITTED, ACCESSORY, OR CONDITIONAL USES IN ZONING DISTRICTS City of New Hope, Minnes.o. ta The City Council of the City of New Hope, Minnesota ordains: Section 1. The City Code is hereby amended b~ the addition of the following Section 4.044. 4.044 Moratorium. A moratorium is hereby established on the consideration of variances, conditional use permits, or zoning changes which include the issuance of pinball machine licenses in numbers which exceed those machines authorized in 4.103(5). This moratorium shall expire on July 1, 1983. Section 2. This ordinance shall be effective upon its passage and publication. Passed by the City Council of the City of New Hope the 28th day of' March, 1983. Mayor Attest: Cl~'rk-Treasurer (Published in the New Hope-Plymouth Post the 7th day of April, 1983.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN[ SS. Richard Germundsan, being duly sworn, on oath says he is and during all times herein stated has been the Vice-President NEW HOPE-PLYMOUTH POST of The Post Publishing CO., publisher and printer of the newspaper known es and has full knowledge of the facts herein stated as follows: (~) Said newspaper is printed in the English language in newspaper format and in column and sheet form squivalenf in printed space to af least 900 square inches. (2) Said newspaper is a weekly and is distributed at least week. (3} Said newspaper has 50 percent of its news columns, devoted to news of local interest fo the community°nCewhicheaCh if purports fo serve and does not wholly duplicate any other publ icafion and is not made up entirely of patents, pi ate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purporls to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of ifs 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 CIT[i~-S OF Ni~.W HOPE AN]) PLYMOUTH in the County of Hennepin and if has its known office of issue in the City of New Hope in said county, established and open during ifs regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- rained by the maneging officer of said newspaper or persons in ifs employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (~) 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 af least two years preceding the day or dates of publication mentioned below. (8) Said newspaber has filed with the Secretary of State of Minnesota prior fo January L ~9(~ and each January ~ 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. Heturtherstatesonoaththatthepr,nted.... .. . ..................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed ~nd published therein in theEng sh language~ ~nce each week~ f~r. . .[. . . successlve weeks ; tha~ it was ~irst s~ pub~ ished ~nF.~ ~ .' . 2~ to and including the .......... day of ........................ 19 ...... end thet the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the sixe and kind of type used in the composition and publication of seld notice~ to wit: abcdefghi[klmnopqrstuvwxy~--SV~ pt. Sans Subscribed and sworn to before me this....~.....~.. ........... day o,.....~.~ ....... A.D., ]9...~.~ (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 83-6 AN ORDINANCE AMENDING CITY CODE AS TO REGULATION OF GAMBLING BY ADDING PULL-TABS AS A REGULATED GAMBLING DEVICE City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Section 8.1922 "Gambling Devices" of the City Code is hereby amended to include "pull-tabs" (or "ticket jars") as follows: 8.1922 "Gambling devices" means those gambling devices known as "paddlewheels" or "tipboards", "pull-tabs" (or "ticket jars"), or apparatus used in conducting raffles. Section 2. Section 8.192 "Definitions" of the City Code is hereby amended t° include a new section 8.19241 "Pull-tabs" (or "ticket jars") as follows: 8.19241 "Pull-tabs" (or "ticket jars") means a single folded or banded ticket or a card, the face of which is initially covered, or other- wise hidden from view, to conceal a number or set of numbers or a symbol or set of symbols. A few of the numbers or symbols out of every set of pull-tabs (or ticket jars) will have been designated in advance and at random as prizewinners. A participant pays a consideration to an operator for the opportunity to obtain a folded or banded ticket or a card, view the numbers or symbols on it and possibly obtain a prizewinning pull-tab (or ticket jar). Section 3. Effective Date. This ordinance shall be effective upon its passage and publication. Dated the ~Y~ day of ~~.~ , 1983. / - / ~Iayor Attest: /~rer (Published in the New Hope-Plymouth Post this ~ day of , 1983.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN ~ SS. Richard Germun~sen, being duly sworn, on oath says he is and during ell 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 es 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 equate 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 et least 75 percent of its total circulation currently paid or no more than throe 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 end 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 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 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. Hefurtherstatesonoaththattheprinted ...~.....~..~.~ :~2~- ~> ~ --~ 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...?...~, day 0f..~: ....... 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--5V2 pt. Sans Subscribed and sworn fo before me t ...................... day of.....-~-~.~ ....... A.D., 19 ...... (NOTARIAL SEAL) Notary Public ............................... County, NHnnesota My Commission Expires .............................. 19 ...... ~ · ~ ....... .. ORDINANCE NO. 83-7 AN ORDINANCE AMENDING SECTION 4.124 OF THE CITY CODE PERTAINING TO CONDITIONAL USES IN B-3 DISTRICT BY ADDING SUBSECTION (7) TO INCLUDE SALE OF NON-PETROLEUM MERCHANDISE IN AUTOMOBILE SERVICE STATIONS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4. 124 of the City Code, Listing of Special Uses, is amended by the addition of the following subdivision (7): (7) Additional Subordinate Uses. The retail sale of food, household convenience items and sporting goods in automobile service stations if the sale of such items is clearly subordinate to the principal use of the site as an automobile service station, provided, as conditions precedent to the issuance of a special use permit, the Council shall find: 1. That the proposed sale items are clearly subordinate to the principal use of the site. 2. That there are specific parking spaces above the regular requirements for the automobile service station provided to assure parking for customers of the accessory use. 3. That any sale of food items is subject to the approval of the City Sanitarian who shall provide specific written sanitary requirements on an individual basis for each proposed sale location. 4. That the area and location devoted to non-automobile sales shall be specified and any expansion of the space or change in location without an amendment to the permit shall con- stitute grounds for revocation of the permit, after a hearing before the City Council. 5. That the non-automotive sales shall qualify for and be granted an annual food handling, retail sales license or other license, as circumstances shall require, in addition to the permit for a special use under the zoning code. 6. That granting the proposed special use will not interfere with adjacent development, commercial or residential, because of spill-over parking, access or traffic volume, and that such factors will not constitute a private or public nuisance. 7. That in addition to any parking or other requirements for the non-automotive retail sales, the automobile service station shall maintain all requirements for parking, storage, and green space as if it were the sole use on the site. 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 this 28th day ef March, 1983. / ' Mayor Attest: ~ Clerk-Treasurer (Published in the New Hope-Plymouth Post the 7th day of April, 1983.) NEW. HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA { COUNTY OF HENNEPIN)> SS. Richard Germundsen, being duly sworn, on oath says he is and during ell times herein stated has been the Vice-President of The Post Publ ishlng 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 bl!e in printed space to at least ~X) square inches. (2) Said newspaper is a weekly and is distributed at least once each assure for , week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the cum munity which it purports to serve and does not wholly duplicate any oth~r 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 580 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more then 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 end main- rained by Me managing officer of said newspaper or persons in its employ and subiect to his direction and control during a II 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 !, 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 .................................. ~.: ........... ~. ........... ................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English long uage, once each week, for...~., successive weeks; that it was first so published on..~..~ the...17......~d, ay of. ~.~ .-'~.. ....... 19. ?...~. and was thereafter printed and published on every ..................... to end 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--SV2 pt. Sans Subscribed and sworn to before me this....~..~---L~ ........... day of._~ ....... A.D., 19.~.~.. (NOTARIAL SEAL) Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 83-9 AN ORDINANCE AMENDING SECTION 2.01 OF THE CITY CODE RELATING TO REGULAR COUNCIL MEETINGS BY DELETING THE MEETING FALLING ON THE SECOND MONDAY IN JULY OF EACH YEAR City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Section 2.01, Subd. (1) of the City Code is hereby amended to read as follows: 2.01 Meetings. Subd. 1. Regular Meetings. Regular meetings of the city council shall be held on the second and fourth Mondays of each calendar month at 7:00 P.M., with the exception of the second Monday in July of each year when no regular meeting shall be held. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. In the event a regularly scheduled meeting as defined above, falls upon the day before a legal holiday, the Council may by the majority vote of a quorum, by resolution change such meeting date to the next customary business day following such legal holiday, or cancel or reschedule the meeting as the Council shall determine. Ail meetings, including special and adjourned meetings, shall be held in the city hall, unless the council by a majority vote of a quorum sets or adjourns the meeting to another place of meeting. Section 2. This ordinance shall be in effect after its passage and publication. Dated the ~ day of May, 1983. ~lerk-Treasurer (Published in the New Hope-Plymouth Post the day of , 1983.) NEW HOPE-PLYMOUTH pOST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN Richard Germundsen, 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 es NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (t) Said newspaper is printed in fha 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 to fha 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 fo serve, has af least 500 copies regularly delivered to paying subscribers, has an average of af least 75 percent of ifs fetal circulation currefltly 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 fo 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 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 Secretory of State and signed by the managing officer of said newspaper and sworn to before a nora ry public stating that the newspaper is a legal newspaper. He further states on oath that the printed ~~ ~t~. 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 . .k?. ~.,~ the..~....~.. ~ 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 corn position and publ ication of sa id notice, to wit: abcdefghiiklmnopqrstuvwxyz--SV2 pt. Sans Subscribed and sworn to before me this. ·..~. · .~.... · .4~.. · ...... day of...~.~...A.D. 19...~,..c~- (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 83-10 AN ORDINANCE AMENDING SECTION 9.306 OF THE CITY CODE RELATING TO LICENSE FEES FOR THE SALE OF ICE City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Section 9.306, Business and Amusement License Fees, is amended as to Subd. (1) 6) b) to read as follows: 6) Ice - for each machine or establishment not holding a current New Hope Retail Store License as defined in Section 8.12, Subd. (5) ........................... $7.50 Section 2. Effective Date. This ordinance shall be in effect after its passage and publication. Dated the 23rd day of May, 1983. Attest: (Published in the New Hope-Plymouth Post the day of , 1983.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLIGATION STATE OF MINNESOTA ~ SS. 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 Publishing Co., publisher and 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 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 curres~tly 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 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. Hefurtherstatesonoaththattheprinted ... .~. ~.].~.....c~?.~...~...?....~....~.~.~.. .................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English languag e, once each week, for.../., successive weeks; that it was first so published on . .~./..J~ the..~.....~.., 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--5V2 pt. Sans Subscribed and sworn to before .......... dayof... ' ..... A.D., ................................................. (NOTARIAL SEAL) Notary Public, .............................. County, Ntinnesofa ~y Commission Expires .............................. 19 ...... ', ' ORDINANCE NO. 83-11 AN ORDINANCE AMENDING SECTION 8.10 OF THE CITY CODE RELATING TO FOOD HANDLING City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Section 8.10, Food Handlil~g_, is amended in its entirety to read as follows: 8.10 FOOD HANDLING. 8.11 LICENSE REQUIRED. No person shall operate, or cause to be operated, a plant or establishment within the City limits of New Hope involving the manufacture, processing or distribution of food as defined in Minn. Stats. 28A.03 (d) (1-3), without first obtaining a license therefor as provided for i~ Sections 8.00 through 8.08. No person shall operate or cause to be operated, directly or indirectly, any equipment, principally located within the City of New Hope, and used for the delivery or distribution of food without first obtaining a license therefor. 8.12 DEFINITIONS FOR LICENSES. A license fee as prescribed in Section 9.306 is required for the following food handling establishments: Subd. 1. Restaurants. ~ (a) Full Restaurant . Each establishment such as traditional restaurant, fast food restaurant, drive-in restaurant, cafeteria, carry out and deli'v'ery restaurant, preparing and serving food from a menu having more than three food types such as beverage, salad, sandwich, main course, side dish and dessert. z (b) Limited Restaurant. Each establishment such as a soda fountain offering a limited menu of non-alcoholic beverages, ice cream products and pre-packaged snacks served for consumption on the licensed premises. (c) On-Sale Tavern, Limited Restaurant. Any establishment licensed as an On-Sale Tavern offering a menu limited by Section 10.01 (5). Subd. 2. Food Vehicles. Each vehicle or other piece of equipment, principally located in the City of New Hope, and used lbr the delivery or distribution of food. Subd. 3. Vending Machines. Each machine dispensing wrapped or unwrapped food goods. Subd. 4. Ice. Each machine or establishment for the sale of ice that does not hold a current New Hope Retail Store License as defined in Section 8.12, Subd. 5. Subd. 5. Retail Stores. Each establishment for retail sale of food or food products which are not prepared and served on the licensed premises, and which establishment is not provided for in Subdivisions 1 thro~gh 4 above. Subd. 6. Manufaeturin~i. Each establishment s%lch as a bakery or man{]facturer of food stuffs ~preparing food articles intended for sale at a later date to retail food outlets. Subd. 7. Home Storage of Food Stuff for Vending. Per location for storage, in a private residence, of food stuff used in the stocking of vending routes. As a condition for issuing this license and the continued operation thereunder, the licensee shall agree to conform to all of tile requirements of the City Zoning Code regarding home occupations and shall be regulated thereby, and shall store permitted food stuffs in a metal cabinet or similar fixture approved by the City Sanitarian. The fixtures and premises shall be maintained in a manner acceptable to the Sanitarian who shall have the right to inspect the premises upon request. In no case shall perishable, readily perishable or frozen foods, as defined in Minnesota Statutes § 28A.03 be stored under this license, nor shall the total amount of food stuffs stored exceed the amount that can be transported in a standard size station wagon. Subd. 8. Sale of Convenience, Ready..to Eat Food Stuffs from Dairy and Grocery Stores. (a) Each establishment for the sale of pre-cooked or prepared food individually packaged that is intended for immediate consumption in dairy or grocery stores. Items sold requiring such a license shall include, but are not limited to, soft service ice milk products, precooked and wrapped frankfurters, sandwiches, soups, flavored beverages sold by the cup, popped popcorn, chicken and sandwiches heated on premises. As a condition of issuing the license and the continued operation thereunder, the sale of such foods shall be accessory to a principal business of a general dairy store or grocery store. (b) As a further condition to the original issuance or renewal of any license issued pursuant to Section 8.12, 8(a), all stores or licensees shall as a minimum provide equipment and maintenance facilities as follows: (1) A hand washing lavatory, properly plumbed with bdt and cold running water, and supplied with soap and single use hand towels immediately adjacent to the food service area whenever the sales of food involves the handling of unwrapped food or sanitary food utensils. (2) An approved two-compartment sink, which meets National Sanitation Foundation standards, if the sale or furnishing of foods includes any equipment or utensils which require cleaning or sanitization prior to re-use. The sinks shall be provided with hot water at the supply faucet with a temperature of at least 170 degrees F., with sufficient means to maintain the sanitizing water at or above 170 degrees for a period of no less than two minutes. In all other cases where no sanitization of equipment or utensils is required, a one-compartment sink furnished with hot and cold running Water, and meeting the National Sanitation Foundation standards, shall be required. (3) All equipment and/or facilities, including self-service counters, shelving surfaces, storage areas and facilities, shall be of high pressure plastic laminate or polyurethane materials, easily cleanable. (4) The sources or supply of any foods to be offered for sale shall, prior to their offering for sale pursuant to this license, be subject to inspection and approval by the City Sanitarian, ~innesota State Agriculture Department, USDA, or other appropriate federal agency. (5) Each proposed licensee shall prior to issuance and as a condition of renewal of a license, furnish to the City Sanitarian a complete list and description of all types of foods to be offered for sale in order to determine the extent of any facilities required hereunder. Subd. 9. Miscellaneous. Each establishment not covered in Subdivisions i through 8 above, selling, serving, preparing, distributing, packaging, manufacturing, or in any way dealing with food or food production intended for consumption by the general public, including food establishments operating for a temporary period, and including but not limited to food booths at fairs, carnivals, circuses, church suppers, or public exhibitions. 8.13 REGULATIONS. The licensee shall be responsible for the enforcement of the following regulations and a violation thereof by any person on the licensed premises shall constitute a violation by the licensee: Subd. 1. Care of Premise~. Ail licensed establishments and vehicles shall at all times be kept in a clean and sanitary condition and shall at all times be furnished and equipped with such fixtures, instruments and devices as are necessary to so maintain the same throughout the licensed period. Subd. 2. Persons Handling Food. Ail persons employed in or permitted to handle food products before delivery to the public shall keep themselves and their clothing in a neat, clean and sanitary condition at all times while on the licensed premises and free of any infectious or contagious disease. -2- 8.14 INSPECTION. The Council shall cause all such establishments licensed for the preparation and 'serving of food to the public to be inspected at least twice each year and all other licensed establishments and vehicles to be inspected at least once each year. The City or its authorized officials shall at all times have the right to enter upon and inspect any and all food handling establishments or vehicles falling within the provisions of this ordinance. Each establishment as described in Section 8.11 herein shall display the license issued to the establishment in such a manner that the license shall be plainly visible. The license for each vehicle described in Section 8.11 herein shall be carried on the vehicle at any time the vehicle operates within the City boundaries, and the license shall be promptly displayed to any City official or policeman upon demand. Section 3. Effective Date. This ordinance shall be in effect after its passage and publication. Dated the 23rd day of May, 1983. // -v / Mayor ~!.~rk-Treasur er (Published in the New Hope-Plymouth Post the day of , 1983.) SUMMARY OF ORDINANCE NO. 83-11 AN ORDINANCE AMENDING SECTION 8.10 OF THE CITY CODE RELATING TO FOOD HANDLING City of New Hope, Minnesota On the 23rd day of May, 1983, the Council of the City of New Hope enacted Ordinance No. 83-11, an ordinance amending the food handling license regulation of the City. Section 1. Summary of Text. New Hope Ordinance 83-11 eliminates the requirement for licenses for the sale of ice for establishments holding a Retail Store License, and reorganizes the remaining text without change in requirements. Section 2. Notice. A copy of the entire text of the ordinance is posted on the bulletin board in the lobby of the City Hall, 4401 Xylon Avenue North in the City of New Hope and will remain there until at least June 27, 1983. A printed copy of the ordinance is also available for inspection or purchase by any person during regular office hours of the office of the City Clerk at 'the same address. Section 3. Effective Date. Ordinance 83-11 shall be effective upon the passage and publication of this Summary. Dated: May 23, 1982. ~ x Cl~rk-Treasurer / //-~ Mayor (Published in the New Hope-Plymouth Post the day of , 1983.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN Richard Germundsen, being duly sworn, on o~th says he is and during all times herein stated has been the Vice-President of The Pest Publishing CO., publisher and 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 spece to at least 900 square inches. (2) Said newspaper is a weekly end 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 end 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 end has entry es 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 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 et 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 j~u,~ther states on oath that the printed..% ~- ·....~-.. · -~~.~-~- · .f. -~ -..~..-~- -// hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English languag~once eacl~ week, for. · L · .su_ccessive weeks; that ,, was first so published on · .~..~ the..~.. ?..~'day 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 composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--SV2 pt. Sans Subscribed and sworn to before (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE 83-12 AN ORDINANCE AMENDING CHAPTER 6.30 OF THE CITY CODE BY REGULATING DISCHARGE OF DIVERTED PERCOLATING WATERS ONTO THE CITY STREETS, AND BY RENUMBERING EXISTING SECTIONS 6.31 THROUGH 6.33 City of New Hope, Minnesota The Council of the City of New Hope ordains: Section 1. Chapter 6.30 of the City Code, STREET CLEANING, STREET OBSTRUCTION AND NUISANCES is hereby amended to read as follows: 6.31 Purpose. The purpose of this ordinance is to provide for the. reasonable dispersal of percolating waters which are beyond the ability or the responsibility of the individual property owner to control. 6.32 Definitions. Terms used in this ordinance shall have the folloWing me anin gs: Subd. 1. Diffused Surface Waters . Those waters diffused over the surface of the ground as a result of falling rains or melting snows, not having defined banks or continually flowing, retaining that character until reaching some well defined channel. Also, surface waters. Subd. 2. Diverted Percolating Waters. Percolating waters or diffused surface waters which have collected in such a manner in, around or under a basement or around or under structure foundations or basement walls so as to cause the owner or occupant to pump the waters onto the surface of the ground and away from the structure as a means of improving habitation of the structure. Subd. 3. Limited Storm Sewer. An underground City-owned structure connecting a parcel of land to the public storm sewer, easement or natural water course for the primary purpose of transporting diverted percolating waters, of a design specific to the anticipated quantities and concentrations of diverted percolating waters. Subd. 4. Natural Water Course. A natural stream flowing in a defined bed or channel; one formed by the natural flow of the water, as determined by the general superficies or conformation of the surrounding country, as distinguished from an artificial water course, formed by the work of man, such as a ditch, drainage swale or storm sewer structure. Subd. 5. Owner. Property owner or occupant. Subd. 6. Percolating Waters. Those waters which pass through the ground, beneath the surface of the earth without any definite channel, and do not form a part of the body or flow, surface or subterranean of any water-course. Also, waters which ooze, seep, or filter through the ground, under the surface, without a definite channel, or in a course not discoverable from the surface without excavation for that purpose. A perched water table. Subd. 7. Storm Sewer. Artificial structure channeling surface waters. Subd. 8. Street. That portion of the street right of way utilized for vehicular traffic, including the improved surface of the street, gravel, bituminous or concrete, and the curb and gutter. Subd. 9. Subterranean Waters. Waters which lie wholly beneath the surface of the ground, and which either ooze and seep through the subsurface strata without pursuing any defined course or channel, (percolating waters) or flow in a permanent and regular but invisible course, or lie under the earth in a more or less immovable body, as a subterranean lake, or perched water table. Subd. 10. Surface Waters. Those waters diffused over the surface of the ground as a result of falling rains or melting snows, not having defined banks or continually flowing, retaining that character until reaching some well defined channel. Also diffused surface waters. 6.33 Abatement of Private Nuisance. Soil conditions in the City of New Hope at times produce percolating water collection or infiltration in and around basements which results in the use of sump pumps to discharge such water outside of and away from the affected buildings (diverted percolating waters). In some instances, these discharges of water exceed the absorptive and evaporative capacity of the soil of the premises on which the building is situated, and saturate the soil to such an extent that it becomes unusable and cannot be maintained as a part of the yard of the owner or occupant of the structure, threatens re-entry into the house area, or unreasonably interferes with the use of adjacent property. The artificial rerouting and the accumulation of such diverted percolating waters on the surface of the ground may constitute a private nuisance for the individual owner, and possibly the neighbors. If such a private nuisance is so great as to make -2- a substantial portion of the private property unusuable or impossible to maintain and beyond the capacity of the private owner producing the diverted percolating waters, or his neighbor, to control; the City will, upon petition or application, or upon its own initiative, consider alternative methods to provide relief and to bring the accumulation of such diverted percolating waters under such reasonable control as it deems necessary and in the public interest. 6.34 Pumping of Diverted Percolating Water Onto Streets, A Public Nuisance . The carrying of surface waters to drainage structures for channeling away from areas where it could cause damage is one of the primary functions of the public streets. Although not primarily designed for such a function, the streets may also be used sometimes to carry away diverted percolating waters, except where quantity or constancy of flow, or un- suitable grade elevations result in damage to the streets. Because the streets are not primarily intended for the transporting of diverted percolating waters, the unrestricted discharge of diverted percolating waters onto the public streets is declared to be a public nuisance, which shall be abated or regulated as provided herein. Subd. 1. Permit. In those instances where diverted percolating waters constitute a private nuisance for the owner (or neighbors), the City may, upon application or petition by the owner or on its own initiative issue a permit to the owner to discharge diverted percolating waters onto the streets if it finds that the projected flows will not damage the streets, exceed the storm sewer capacity, and not create a traffic or other hazard. Such permits shall be issued or denied by the City Manager, and shall be cancellable by the City Council at any time after hearing before the City Council with 10 days' notice. In the event of an emergency as determined by the City Manager, the City Manager may suspend any such permit until the next regularly scheduled Council meeting, at which time the Council shall confirm the suspension until the hearing provided for above, or reinstate the permit to its original status, or until the hearing provided for above can be held. The permit may con- tain such conditions and provisions as the Manager or the City Council deems necessary and desirable in considering anticipated flows, adequacy of street and storm sewer design and capacity, perceived safety hazards, and other factors required for the protection of the public health, safety and welfare. Unless otherwise specified, such permits shall be for an indefinite period of time, unless annual or other review is required by the Council at any time. The fee for such permits shall be as prescribed in Chapter 9.304 of the City Code. If the City Manager denies the issuance of a permit hereunder, the applicant may request a hearing before the City Council at such succeeding regular Council meeting, as the applicant shall specify, and to which the City Manager agrees, but in any event to be -3- within the next succeeding 30 days. The City Manager shall specify the reasons for such denial in writing, which shall be promptly furnished to the Owner. Denial of such a permit by the Council shall be by resolution with findings of fact, mailed to the owner. Subd. 2. Limited Storm Sewer. If the City finds that the proposed discharge of diverted percolating waters onto the streets for the purpose of abating a private nuisance does not qualify for a permit, the City may, at its option, construct an underground connection to the storm sewer system of the City. A limited storm sewer of this nature would be constructed upon acceptance by the Council of the petition of the owner for such construction, or by the order of the City Council, and upon the ordering of the construction by the City Council. a. Minimum Standards. As minimum requirements, the Council will find that the following facts exist prior to ordering the abatement or prevention of a public nuisance by construction of a limited storm sewer: (1) The accumulation and regularity of percolating waters is so great on the individual premises that it is deemed to be a matter affecting the general public interest and welfare, in addition to and in excess of responsibilities of the property owner. (2) The proposed discharge of diverted percolating waters does not qualify for the issuance of a permit to discharge upon a public street. (3) The quantity and regularity of the diverted percolating waters exceed the capacity of the property or the owner to dissipate the same. (4) The excess quantity and regularity of diverted percolating waters renders the property of the owner unsuitable for its intended use; not just inconvenient or a diminished enjoyment, but unsuitable for residential use. (5) The condition is found to be of a permanent nature, not a temporary phenomena experienced only in severe wet years or periods. Sporadic conditions of this nature may be corrected by the City upon request of the owner, but at the expense of the owner. - 4- (6) The anticipated average rate of discharge of diverted percolating waters is in the 20 to 50 gallons per hour range. (7) Present or anticipated discharge of diverted percolating waters upon the street is of a nature as to damage the streets and create a traffic hazard, the alleviation of the condition is necessary for adequate construction and main- tenance of the public street and is a public responsibility, and not primarily an individual responsibility, and the remedial construction of a limited storm sewer is a necessary and required appurtenance to an existing or proposed public improvement under M.S. 429 or as a separate assessment district. (8) Such other requirements as in the individual case shall be deemed desirable or necessary in the public interest by the City Council. b. Private Nuisance Policy. Private nuisances created by diverted percolating waters which do not trespass on the streets as a public nuisance or upon the property of others as a private or public nuisance will not be abated by the construction of limited storm sewers. Section 2. Renumbering. Existing sections of Chapter 6.30 are hereby renumbered as follows, with Subdivisions thereunder to remain the same: Present New Numb er Title Number 6.31 STREET SPRINKLING, FLUSHING AND TREE CARE 6.35 6.32 SNOW, ICE, DIRT & RUBBISH REMOVAL 6.36 6.33 PENALTY 6.37 Section 3. Effective Date. This ordinance shall be effective upon its passage and publication in summary form. Dated the 27th day of June, 1983. Attest: ~~'~~ C~rk-Treasurer - 5- NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA f COUNTY OF HENNEPIN~ SS. Richard Ge~mundean, 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 900 square inches. (2) Said newspaper is a weekly and is distributed af least once each week. (3) Saidnewspaperhos5~percent~fitsnewsc~~umns~dev~ted~~newsof~~ca~inferesft~fhec~mmuni~ywhich 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 af 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 fo serve fha 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 fo 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 fo January 1, 1966 and each January 1 thereafter an affidavit in fha form prescribed by the Secretary of State and signed by fha managing officer of said newspaper and sworn to before a note ry public stating that the newspaper is a legal newspaper. . 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 ~nguage, once eech week, for. Z~.... successive weeks; that if was first so published on ~ the ~dayof 19~'-~andwasthereafterprntedandpub shed on evely' " 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--5V2 pt. Sans (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 83-13 AN ORDINANCE AMENDING THE NEW HOPE CITY CODE BY PROVIDING FOR THE FEE FOR FOR PERMITS FOR DISCHARGING DIVERTE{)'~ PERCOLATING WATERS ONTO CITY STREETS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 9.304 of the City Code, PUBLIC STREETS AND PROPERTY FEE'S is amended by the addition of Subd. 6, as follows: Subd. 6. Discharge of Percolating Waters Permit. f ' ~ (a) Code Section: 6.34 (1) Co) Fee Amount: $100.00 Section 2. Effective Date. This ordinance shall be effective upon its passage and publication. Dated the ,27~'/~ day of ~'u~r.. , 1983' Attest: ORDINANCE NO. 83-13 AN ORDINANCE AMENDING THE NEW HOPE CITY CODE BY PROVIDING FOR THE FEE FOR FOR PERMITS FOR DISCHARGING DIVERTED PERCOLATING WATERS ONTO CITY STREETS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 9.304 of the City Code, PUBLIC STREETS AND PROPERTY FEES is amended by the addition of Subd. 6, as follows: Subd. 6. Discharge of Percolating Waters Permit. (a) Code Section: 6.34(1) (b) Fee Amount: $100.00 Section 2. Effective Date. This ordinance shall be effective upon its passage and publication. Dated the ~7~ day of ~-un ~- , 1983. /- Mayor Attest:~~ ~~rk-Treasurer NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN Richard Gecmundsan, being duly sworn, on oath says he is end during all times herein stated has been the Vice-President of The Post 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 et 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 matter in its local post- office. (5) Said newspaper purports to serve the CITIES OF NEW HOP~ 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 ail 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. ·..~./~...~.... · .~...:...~.'....~.d .?. .......................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and p~.b~li~,yj~,.,~th)::i~ theEng sh anguage onceeachweek for ~ t~ //'A n ..... ~ ................... ~/. to and including the .......... day of ........................ It ...... 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: abccJefghiiklmnopqrstuvwxyz--SV2 pt. Sans me th s day of A D 19 ~ (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 83-14 AN ORDINANCE AMENDING SECTION 9.302 OF THE CITY CODE PERTAINING TO ZONING, SUBDIVISION AND PLATTING FEES City of New Hope, Minnesota The Council of the City of New Hope ordains: Section 1. Section 9.302, Zoning, Subdivision and Platting Fees, Subd. 1 and Subd. 2 are hereby amended to read as follows: Subd. 1. Zoning Permits. (a) Code section: 4.361 (b) Fee amount: The following Basic Zoning Fees shall apply to applications under the New Hope Zoning Ordinance: 1) Minor Residential Conditional Use $ 40.00 2) Ail other conditional use 200.00 3) Zoning Amendments (District or Text) 250.00 4) Variances, single family residential 40.00 5) Ail other variances 150.00 6) Certificate of Occupancy 12.00 7) Planned Unit Development 500.00 (c) Zoning Deposit: Estimated Cost (d) Supplemental Zoning Deposit (As Required): Estimated Cost Subd. 2. Subdivision and Platting (a) Code section: 13.111 (b) Fee amount: The following fees shall apply to Subdivisions and Platting: 1) Per Application $ 40.00 2) Plus fee established by city manager to cover city cost of processing plat. (Additional costs billed monthly as estimated or incurred.) 160.00 Section 2. Effective Date. This ordinance shall be effective upon its passage and publication. Dated the 25th day of July, 1983. Attest: ~ / / Mayor --- ~lerk-Treasurer (Published in the New Hope-Plymouth Post the /;~=~ day of /~ ~ , 1983.) PI/tting~Fe~, Sutnt. 1 and NEW HOPE-PLYMOUTH POST shall apply to Ordinance: AFFIDAVIT OF PUBLICATION .............. $ 40,00 .................. '~Zeb OF MINNESOTA. .. ~oo.oo* SS. /' OF HENNI!IPIN r to Subdi- . .$ ~0.00 mun~en, being duly sworn, on oath says he is and during all times herein stated has been the Vice-President ~ubl Jshing Co., publisher and printer of the newspaper known as .:.. leo.oo NEW HOPE-PLYMOUTH POST its [nowledge of the facts herein stated as follows: d newspaper is printed in the English language in newspaper format and in column and sheet form equivalent Edward/J. Erickson Dace to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each ,~ M~yO~ t '..- Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which ~ serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter ~ements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at Dies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation ~1g~3.) lid 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 sub,ecl 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. h p ' spaper, and was printed and published therein in the English language, once each week, for..~/.., successive weeks; that it was first so published on ~'~~.~ the.././.~day of. ~~. 19. ?..~... and was thereafter printed and publ ,shed 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 osed in the composition and publication Of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/= pt. Sans Subscribed and sworn to before me this .... ~..~...~ ........ day o,....L~ff[.'7..~.~A.D., 19..?.~ (NOTARIAL SE~,L) Notary Public, .............................. County, Ntinnesota /V~y Commission Expires .............................. 19 ...... SUMMARY OF ORDINANCE NO. 83-15 AN ORDINANCE CODIFYING CHAPTER 10 OF THE CITY CODE RELATING TO LIQUOR REGULATION City of New Hope, Minnesota On the 25th day of July, 1983, the Council of the City of New Hope enacted Ordinance No. 83-15. Section 1. Summary of Text. New Hope Ordinance 83-15 codifies existing Chapter 10 of the City Code which regulates liquor licenses and liquor operations within the City of New Hope. Section 2. Notice. A copy of the entire text of the ordinance is available at the reception counter of the City Hall, 4401 Xylon Avenue North in the City of New Hope and will remain there until at least September 15, 1983. A printed copy of the ordinance is also available for inspection or purchase by any person during regular office hours of the office of the City Clerk at the same address. Section 3. Effective Date. Ordinance 83-15 shall be effective upon the passage and publication of this Summary. Dated: July 25, 1983. ~/rk-Treasure~ ' / Mayor (Published in the New Hope-Plymouth Post the day of August, 1983.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SSo COUNTY OF HENNEPIN Richard Germundsen, being duly sworn, o~ oath says he is and during ell 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 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- 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 !, 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 is a legal newspaper. ' '~' ~' ~.~" ~!i 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 th~Eng~ish~anguag~~~nc~~achw~ek~f~r~~~~/~~succ~ss~~~w~~ks;thatitwasf~rs~s~pub~~shed~n~~ ~ /~ the..~/....~., day 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 composition and publication Of said notice, to wit: abcdefghijklmnopqrstuvwxyz--SV2 pt. Sans Subscribed and sworn to before me this....~..---.....~ ....... day of.~~.A.D., (NOTARIAL SEAL) Notary Public ............................... County, N~innesofa /~Ay Commission Expires .............................. 19 ...... CITY CODE CITY OF NEW HOPE CHAPTER 10 REGULATION OF THE SALE AND CONSUI~{PTION OF INTOXICATING LIQUORS AND NON-INTOXICATING MALT LIQUORS This codi~ed Chapter 10 of the New Hope, Minnesota City Code was approved by the City Council on the 25th day of July, 1983, and published in the official newspaper of the City in summary form, and became effective on August 4, 1983. ]~tty. "t/~uliot', Cit~ Clerk-Treasurer 080483 CHAPTER 10 TABLE OF CONTENTS 10.00 REGULATION OF THE SALE AND CONSUMPTION OF INTOXICATING LIQUORS AND NON-INTOXICATING MALT LIQUORS ...................... 10-1 10.01 DEFINITIONS ........................ 10-1 Subd. 1. Beer ........................ 10-1 Subd. 2. Beer Store ........................ 10-1 Subd. 3. Bona Fide Club ........................ 10-1 Subd. 4. Business Establishment ........................ 10-1 Subd. 5. Exclusive Liquor Store, Off Sale ........................ 10-1 Subd. 6. Hotel ........................ 10-1 Subd. 7. Interest ........................ 10-1 SUbdo 8. Intoxicating Liquor ........................ 10-1 Subd. 9. Liquor ........................ 10-1 Subd. 10. Minor ........................ 10-1 Subd. 11. Non-Intoxicating Malt Liquor ........................ 10-1 Subd. 12. Off Sale ........................ 10-2 Subd. 13. On Sale ........................ 10 2 Subd. 14. On Sale, Restaurant ........................ 10--2 Subd. 15. On Sale, Tavern ........................ 10-2 Subd. 16. On Sale Wine Licenses ........................ 10-2 Subd. 17. Original Package ........................ 10-2 Subd. 18. Restaurant, General ........................ 10-2 (a) Restaurant, Bowling Alley ........................ 10-2 cb) Restaurant, Wine Licenses ........................ 10-2 Subd. 19. Sell ........................ 10-2 Subd. 20. Sunday Liquor Sales, Special License ........................ 10-2 Subd. 21. Wine ........................ 10-2 10.10 BEER LICENSES ........................ 10-3 10.11 LICENSE REQUIRED, BEER ........................ 10-3 Subd. 1. On Sale ........................ 10-3 Subd. 2. Off Sale ........................ 10-3 10.12 LICENSE FEES, BEER ........................ 10-3 Subd. 1. Amount--On Sale ........................ 10-3 Subd. 2. Refund ........................ 10-3 (a) Destruction of Premises ........................ 10-3 Cb) Illness ............ , ............. 10-3 (c) Death ........................ 10-3 (d) Illegal ........................ 10-3 (e) Time to Apply ........................ 10-3 Subd. 3. Pro Rata Fee ........................ 10-3 10.13 APPLICATION FOR BEER LICENSE ........................ 10-3 Subd. 1. Form ........................ 10-3 Subd. 2. Filing ........................ 10-3 10.14 INVESTIGATION AND HEARING FOR BEER LICENSE ...................... 10-4 Subd. 1. Investigation and Issuance ........................ 10-4 (a) Maximum 60 Days ........................ 10-4 Cb) Waiver of Investigation ........................ 10-4 - i - 080483 Subd. 2. Hearing ........................ 10-4 Subd. 3. Renewal ........................ 10-4 10.15 TRANSFERABILITY OF BEER LICENSE ........................ 10-4 10.16 PERSONS INELIGIBLE FOR BEER LICENSE ........................ 10-4 Subd. 1. Minor ........................ 10-4 Subd. 2. Criminal Record . . ~ ..................... 10-4 Subd. 3. Adverse Interest ........................ 10-4 Subd. 4. Alien ........................ 10-4 Subd. 5. Reputation ........................ 10-4 Subd. 6. Federal Tax Stamp ........................ 10-4 Subd. 7. Non-Owner or Lessor ........................ 10-4 10.17 PLACES INELIGIBLE FOR BEER LICENSES ........................ 10-5 Subd. 1. One Year After Violation ........................ 10-5 10.18 CONDITIONS OF BEER LICENSE ........................ 10-5 Subd. 1. Minors ........................ 10-5 (a) Loitering and Sale ........................ 10-5 Co) Procure Beer For Minor ........................ 10-5 (c) Induce Minor ........................ 10-5 (d) Age Misrepresentation ........................ 10-5 (e) Consumption by Minor ........................ 10-5 (f) Possession By Minor ........................ 10-5 Subd. 2. Sale to Minors or Intoxicated Persons ........................ 10-5 Subd. 3. Employment of Minors ........................ t0-5 Subd. 4. Gambling ........................ 10-5 Subd. 5. Intoxicating Liquors on the Premises ........................ 10-5 Subd. 6. Conilicting Interests ........................ 10-5 Subd. 7. Federal Retail Liquor Dealer's Tax Stamp ...................... 10-6 Subd. 8. Beer License Posted ........................ 10-6 Subd. 9. On Sale, Separate Rooms ........................ I0-6 Subd. 10. Maintenance of Order ........................ 10-6 10.19 CLOSING HOURS ........................ 10-6 10.20 BONA FIDE CLUBS ........................ 10-6 10.21 RESTRICTIONS ON PURCHASE AND CONSUMPTION OF BEER ................. 10-6 Subd. 1, Age Misrepresentation by ~iinor ........................ 10-6 Subd. 2. Inducing l%~inor to Buy Beer ........................ 10-6 Subd. 3. Producing Beer for .Minor ........................ 10-6 Subd. 4. Minor Consuming Beer ........................ 10-6 Subd. 5. Consumption and Display of Intoxicating Liquors ................... 10-6 10.22 REVOCATION OF BEER LICENSE ......................... 10-6 10.30 MIXING INTOXICATING LIQUORS AND OTHER BEVERAGES .................. 10-7 10.31 CONSUMPTION IN PUBLIC PLACE ........................ 10-7 10.32 SERVING OR PERMITTING MIXING OF DRINKS ........................ 10-7 - ii - 080483 10.40 INTOXICATING LIQUORS ........................ 10-8 10.41 LICENSE REQUIRED, INTOXICATING LIQUOR ........................ 10-8 Subd. 1. Number of On Sale Licenses ........................ 10-8 Subd. 2. Number of Off Sale Licenses ........................ 10-8 Subd. 3. Liquor License Required ........................ 10-8 Subd. 4. Kinds of Licenses ........................ 10-8 Subd. 5. On Sale, Restaurant ........................ 10-8 Subd. 6. On Sale, Tavern ........................ 10-8 Subd. 7. Special License for Sunday Sales ........................ 10-8 Subd. 8. Off Sale liquor licenses ........................ 10-8 Subd. 9. On Sale wine license ........................ 10-8 10.42 VERIFICATIONS OF APPLICATIONS ........................ 10-8 10.43 CONTENTS OF APPLICATION ........................ 10-8 Subd. 1. Type of Business ........................ 10-8 Subd. 2. License Sought ........................ 10-8 Subd. 3. For Natural Person ........................ 10-8 (a) Name ........................ 10-8 (b) Alias ........................ 10-8 (c) Business Name ........................ 10-9 (d) l¥iarital Status ........................ 10-9 (e) Registered Voter ........................ 10-9 (f) Addresses ........................ 10-9 (g) Occupational History ........................ 10-9 (h) Partners and Employers ........................ 10-9 (i) Criminal Record ........................ 10-9 (j) Prior Experience ........................ 10-9 (k) Military Service ' 10-9 (1) Related Persons ........................ 10-9 (m) Bankruptcy ........................ 10-9 (n) Banking Reference ........................ 10-9 Subd. 4. For Partnership ........................ 10-9 Subd. 5. For Corporation ........................ 10-9 (a) Name and State ........................ 10-9 (b) Certified Copies ........................ 10-9 (c) Responsible Party ........................ 10-10 (d) Relationships ........................ 10-10 Subd. 6. Premises ........................ 10-10 Subd. 7. Location Identification ........................ 10-10 Subd. 8. Federal Permit ........................ 10-10 Subd. 9. Investment ........................ 10-10 Subd. 10. Debts ........................ 10-10 Subd. 11. References ........................ 10-10 Subd. 12. Tax Payment ........................ 10-10 Subd. 13. Plans ........................ 10-10 Subd. 14. Other ........................ 10-10 Subd. 15. Sunday Sales ........................ 10-10 10.44 TEMPORARY LICENSES ........................ 10-10 10.45 RENEWAL APPLICATIONS ........................ 10-11 10.46 EXECUTION OF APPLICATION ........................ 10-11 10.47 LICENSE FEE ........................ 10-11 Subd. 1. Fee Amount . · ....................... 10-11 Subd. 2. When Fee Payable ........................ 10-11 Subd. 3. Pro-rating of Fees ........................ 10-11 - iii - 080483 Subd. 4. Incomplete Building ........................ 10-11 Subd. 5. Transfer of License ........................ 10-11 Subd. 6. Fee Non-Refundable ........................ 10-11 Subd. 7. Investigation Fee ........................ 10-11 Subd. 8. Additional Investigation Fee ........................ 10-11 Subd. 9. Subsequent Incorporation ........................ 10-12 10.48 GRANTING OF LICENSES ........................ 10-12 Subd. 1. Liquor Control Commission ........................ 10-12 Subd. 2. Investigation ........... ~,. ............ 10-12 Subd. 3. Hearing ........................ 10-12 Subd. 4. Council Hearing ........................ 10-12 Subd. 5. License to Premises ........................ 10-12 Subd. 6. License Transfer ........................ 10-13 Subd. 7. Notice to State ........................ 10-13 Subd. 8. Certificate of Occupancy ........................ 10-13 10.49 PERSONS INELIGIBLE FOR LICENSE ........................ 10-13 Subd. 1. State Prohibition ........................ 10-13 Subd. 2. Interest in Other Establishments ........................ 10-13 Subd. 3. Ineligible l~{anager ........................ 10-13 Subd. 4. Spouse of Ineligible Person ........................ 10-13 Subd. 5. Not Real Party In Interest ........................ 10-13 Subd. 6. Residency, Metropolitan ........................ 10-13 Subd. 7. Management of Multiple Licenses ........................ 10-13 10.50 PLACES INELIGIBLE FOR LICENSE ........................ 10-13 Subd. 1. Unpaid Taxes ........................ 10-13 Subd. 2. School or Church Proximity ........................ 10-13 Subd. 3. Ineligible Person as Owner or Lessor ........................ 10-14 Subd. 4. Common Building Access ........................ 10-14 10.51 CONDITIONS OF LICENSE ........................ 10-14 Subd. 1. Applicable Laws ........................ 10-14 Subd. 2. Posting of License ........................ 10-14 Subd. 3. Licensee Responsible ........................ 10-14 Subd. 4. Area of License ........................ 10-14 Subd. 5. Prohibited Sales ........................ 10-14 Subd. 6. Employment of Minors ........................ 10-14 Subd. 7. Gambling ........................ 10-14 Subd. 8. Prostitution ........................ 10-14 Subd. 9. Distillers and l~anufacturers Ownership ....................... 10-14 Subd. 10. Right of Inspection ........................ 10-14 Subd. 11. Refilling of Containers ........................ 10-14 Subd. 12. Display of Liquor ........................ 10-14 Subd. 13. Federal Gambling or Liquor Dealers Stamp ...................... 10-15 Subd. 14. Alcohol and Neutral Spirits ........................ 10-15 Subd. 15. Records of Licensee ........................ 10-15 Subd. 16. Ownership Changes ........................ 10-15 Subd. 17. Political Contribution ........................ 10-15 Subd. 18. Principal Business ........................ 10-15 Subd. 19. Sunday Liquor and Food ........................ 10-15 Subd. 20. Food Sale Certification ........................ 10-15 - iv - 080483 10.52 RESTRICTED HOURS OF OPERATION ........................ 10-15 Subd. 1. Definition ........................ 10-15 Subd. 2. Hours ........................ 10-16 10.53 PUBLIC CHARACTER OF LIQUOR SALES .............. - .......... 10-16 10.54 RESTRICTIONS INVOLVING MINORS ........................ 10-16 Subd. 1. Serving to and Consumption by Minors ........................ 10-16 Subd. 2. Delivery to Underage Person ........................ 10-16 Subd. 3. Age Misrepresentation ........................ 10-17 Subd. 4. Purchase by Underage Person for Another ...................... 10-17 Subd. 5. Identification Production ........................ 10-17 Subd. 6. Non-Driver Age Identification ........................ 10-17 10.55 BOND ........................ 10~17 Subd. 1. Bonds or Deposit Required ........................ 10-17 Subd. 2. Approval of Bond or Insurance 10-17 Subd. 3. Procedure Where Cash or Government Bonds are Used ................ 10-17 Subd. 4. Surety or Insurance Companies ........................ 10-17 Subd. 5. Amount and Terms of Insurance ........................ 10-17 (a) Required Coverages ........................ 10-18 (1) General Liability ........................ 10-18 (2) Automobile Liability ........................ 10-18 (3) Liquor Liability/Dram Shop ........................ 10-18 (4) Workers Compensation Insurance ........................ 10-18 (b) Minimum Policy Limits ........................ 10-18 (e) Notice Provisions Upon Cancellation ........................ 10-18 Subd. 6. Terms of Bond ........................ 10-18 (a) Compliance With Law ........................ 10-18 (b) Taxes and Charges Paid ........................ 10-18 (c) Forfeiture for Violation of Law ........................ 10-18 (d) Payment by Licensee and Surety ......................... 10-18 Subd. 7. Benefit of Bond ........................ 10-18 Subd. 8. Deposit of U.S. Bonds ........................ 10-18 Subd. 9. Deposit of Cash ........................ 10-19 Subd. 10. Affidavit Required for Return of U.S. Bonds or Cash ................ 10-19 10.56 SUSPENSION AND REVOCATION, INTOXICATING LIQUOR LICENSES .............. 10-19 Subd. 1. Violation of Law or Failure to Insure ........................ 10-19 Subd. 2. Hearing ........................ 10-19 Subd. 3. Temporary Suspension ........................ 10-19 10.57 LICENSING OF EMPLOYEES ........................ 10-19 Subd. 1. Employee License Required ........................ 10-19 Subd. 2. Employee Data Required ........................ 10-19 (a) References ........................ 10-19 (b) Employment History ........................ 10-20 (c) Criminal Record ........................ 10-20 Subd. 3. Employee License Fee ........................ 10-20 Subd. 4. Police Verification of Data ........................ 10-20 Subd. 5. Prior Record ........................ 10-20 Subd. 6. Conviction of Crime ........................ 10-20 10.58 ENLARGEMENT, ALTERATIONS OR EXTENSION OF PREMISES ................. 10-20 10.59 STATE STATUTES INCORPORATED BY REFERENCE ...................... 10-20 10.60 PENALTY ........................ 10-20 - V - 080483 10.70 WINE LICENSES ........................ 10-21 10.71 LICENSE REQUIRED ........................ 10-21 10.72 APPLICATION REQUIRED ........................ 10-21 10.73 INVESTIGATION AND GRANTING OF LICENSES 10-21 10.74 RENEWAL LICENSES ' 10-21 10.75 SUNDAY SALES ........................ 10-21 10.76 FEES ........................ 10-21 Subd. 1. AmoUnt ........................ 10-21 Subd. 2. Payment ........................ 10-21 Subdo 3. Pro-Rating of Fees ........................ 10-21 10.77 APPLICABILITY OF OTHER PROVISIONS OF THIS CHAPTER .................. 10-21 - vi - 080483 10.00/10.01 10.00 R E G U L A T I O N O F T H E S A L E A N D C O N S U M P T I O N O F INTOXICATING LIQUORS AND NON-INTOXICATING MALT LIQUORS 10.01 DEFINITIONS. As used in this code the following terms shall have the meanings as set out herein: Subd. 1. Beer. "Beer": Any malt beverage with an alcoholic content of more than one half of one percent by volume and not more than 3.2 percent by weight. Subd. 2. Beer Store. "Beer Store" means an establishment for the sale of beer, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail. Subd. 3. Bona Fide Club. "Bona fide club" means a club organized for social or business purposes · or for intellectual improvement or the promotion of sports, where the serving of beer is incidental to and not the major purpose of the club. Subd. 4. Business Establishment. The term "business establishment" as herein used shall not include any place or premises operated under a valid license to sell intoxicating liquors, but shall be construed to mean any room or place or which room or place the public at large is permitted to frequent and is not reserved or designated for any occupancy of a private nature or character. Subd. 5. Exclusive Liquor Store, Off Sale. "Exclusive Liquor Store, Off Sale": An off sale establish- ment used exclusively for the sale of intoxicating liquor at retail, and under the control of an individual owner or manager. As an incident thereof, such establishment may also sell ice, all forms of tobacco, non-intoxicating malt beverages and soft drinks at retail. No food shall be sold, unless the establishment also has an "On Sale, Tavern" license, in which case the establishment may also sell all of those items authorized for an "On Sale, Tavern" license. Subd. 6. Hotel. The term "hotel" means and includes any establishment where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding and other usu~d, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk and office for the registration of its guest on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and tfms, as an integral part thereof, a dining room with appropriate facilities for seating not less than 200 guests at one time, where the general public is, in consideration of payment therefor, served meals at tables. Subd. 7. Interest. The term "interest" as used in this section includes any interest, pecuniary or otherwise, in the ownership, operation, management or profits of a retail liquor establishment but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures, or supplies to such establishment. A person who receives monies from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" the reasonable vslue of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove 'the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered. Subd. 8. Intoxicating Liquor. "Intoxicating liquor": Ethyl alcohol, including distilled, vinous and spirituous, fermented, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. Subd. 9 . Liquor. "Liquor": Ethyl alcohol, including distilled, vinous and spirituous, fermented, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. Subd. 10. Minor. "Minor": Any person 19 years of age or under. Subd. 11. Non-Intoxicating ~alt Liquor. "Non-intoxicating malt liquor" means any malt beverage with an alcoholic content of more than one-half of one percent by volume and not more than three and two-tenths percent by weight. 10 - 1 080483 10.01 Subd. 12. Off Sale. "Off Sale": Retail sale of liquor in original packages in retail stores for consump- tion away from the premises where sold. Subd. 13. On Sale. "On Sale": Sale of liquor by the glass or by the drink for consumption in the dispensary (if any) or in a licensed on sale establishment. The term "on sale" includes either or both of the terms "on sale, restaurant" or "on sale, tavern". Subd. 14. On Sale, Restaurant. "On Sale, Restaurant": Sale of liquor by the drink for consumption in a restaurant, hotel or bowling alley. .. (81-6) Subd. 15. On Sale, Tavern. "On Sale, Tavern": Sale of liquor by the glass or by the drink in a liquor establishment used exclusively for the sale of intoxicating liquor at retail, and under the control of an individual owner or manager. As an incident thereof, such establishment may also sell ice, all forms of tobacco, non-intoxicating malt beverages and soft drinks at retail. It shall not include a restaurant, but may sell food for consumption on the premises, not cooked on the premises. Although such food may not in any way be cooked on the premises, previously cooked food may be heated on the premises if this simply restores the food to its former condition as a cooked food suitable for human consumption, if such warming is not a part of the cooking process. No dancing or live entertainment is permitted. Subd. 16. On Sale Wine Licenses. "On Sale Wine Licenses": shall mean a license permitting the sale for consumption on the premises only, of wine not exceeding 14 percent alcohol by volume, in conjunction with sale of food. Subd. 17. Original Package. "Original Package" means the bottle or sealed container in which the liquor is placed by the manufacturer. Subd. 18. Restaurant, General. 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. (81-6) (a) Restaurant, Bowling Alley . 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 code. (81-6) Co) Restaurant, Wine Licenses. A restaurant for purposes of qualification for issuance of an on-sale · wine license shall have seating for not less than 50 guests. Subd. 19. Sell. "Sell": Includes all barters, gifts and other means of furnishing intoxicating liquor or beer in violation of evasion of this code, or otherwise. Subd. 20. S_un~aY Liquor Sales, Special License . "Special License for Sunday Sales": A license for sale of liquor by the glass or drink by a hotel, restaurant or club between the hours of 12 o'clock noon and 12 o'clock midnight on Sundays, in conjunction with the serving of food. Subd. 21. Wine. A vinous, spiritous fermented beverage containing 14 percent or less, ~ut not more than 3.2 percent of alcohol by weight. I0 - 2 080483 10.10/10.11/10.12/10.13 10.10 BEER LICENSES 10.11 LICENSE REQUIRED, BEER. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the City without first having received a license as hereinafter provided. Retail licenses shall be of two kinds: "On Sale" and "Off Sale". Subd. 1. On Sale. "On Sale" licenses shall be granted only to drug stores, restaurants, hotels, bona fide clubs and establishments for the sale of non-intoxicating malt beverages, cigars, cigarettes, all forms of tobacco, beverages and soft drinks at retail. Subd. 2. Off Sale. "Off Sale" licenses shall permit the sale of beer at retail in the original package for consumption off the premises only. 10.12 LICENSE FEES, BEER. Subd. 1. Amount--On Sale. The annual fees for "beer" licenses are prescribed in Chapter 9 of this Code. Subd. 2. Refund. No part of the fee paid for any license issued under this code shall be refunded except when operation of the licensed business ceases not less than one month before expiration of the license because of: (a) Destruction of Premises. Destruction or damage of the licensed premises by fire or other catastrophe; (b) Illness. The licensee's illness; (c) Death. The licensee's death; or (d) Illegal. A change in the legal status of the municipality making it unlawful for the ~.~. licensed business to continue. (e) Time to Apply. Application to the Council for refund must be made within 60 days from the happening of one of the foregoing. Refunds shall be made on a pro rata portion of the fee for unexpired period of the license, computed on a monthly basis. Subd. 3. Pro rata Fee. Ail licenses shall expire on the last day of December in each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. 10.13 APPLICATION FOR BEER LICENSE. Subd. 1. Form. Every application shall be made on a form supplied by the City and shall state the name of the applicant, his age, representations as to his character with such references as may be required, his citizenship, whether the application is for "on sale", or "off sale", the business in connection with which the proposed license will operate and its location, whether applicant is owner or operator of the business, how long he has been in that business at that place, and such other information as the Council may require from time to time. It shall be unlawful to make any false statement in an application. Subd. 2. Filing. Applications shall be filed with the Clerk-Treasurer. Each application shall be accompanied by cash or cashier's check for payment in full of the required fee for the license. Ail fees shall be paid into the City general fund. Upon rejection of any application for a license, the Clerk-Treasurer shall refund the amount paid. 10 - 3 080483 10.14/10.15/10.16 10.14 INVESTIGATION AND HEARING FOR BEER LICENSE. Subd. i. Investigation and Issuance. (a) Maximum 60 Days. The Council may withhold approval of any application for a beer license for a period of 60 days, for the purpose of having the Director of Police investigate the information submitted in the application. This period may be shortened or lengthened for good cause. After receiving the report df the Director of Police, the Council may require the applicant to appear further before the Council at a public hearing, to be held in accordance with Subd. 2 of this section. (b) Waiver of Investigation. If an investigation and/or hearing is required, the Council may grant or refuse a license in its discretion. The Council may waive an investigation for cause shown. Subd. 2. Hearing. Opportunity shall be given to any person to be heard for or against the granting of the license. Notice of the hearing shall be given by publication once in the official City newspaper, which notice shall state the date, time and place of the hearing, which date shall be not less than three days subsequent to the date of the publication of the notice, and shall further state the names and addresses of the applicants, the establishment to which it is proposed that the license be issued, and the address where the proposed license shall be used. A hearing shall not be required as to an on sale permit issued to a bona fide club, except upon motion of the City Council. Subd. 3. Renewal. The same procedure shall apply for the renewal of a license as for the original issuance of the license, except that the requirements for a hearing as specified herein may be dispensed with by the Council. 10.15 TRANSFERABILITY OF BEER LICENSE. Each license shall be issued to the applicant only and shall not be transferable to any other person. Each license shall be issued only for the premises described in the application, and shall not be transferred to another place without the approval of the Council. Proof of the right to the possession of the premises for which a license is issued may be required at any time, either during the term of the license or at the time of application or renewal, and lack of evidence satis- factory to the City Council of such right to possessi.on of the licensed premises by the licensee, shall be grounds for revocation of the license. 10.16 PERSONS INELIGIBLE FOR BEER LICENSE. No beer license shall be granted to or held by any person who is: (1) Minor. Under 19 years of age; (2) Criminal Record. A convicted felon, or who has been convicted of violating any law or local ordinance relating to the sale, manufacture or transportation of intoxicating liquors; (3) Adverse Interest. A manufacturer of beer or one who is interested in the control of any place where beer is manufactured; (4) Alien. An alien; (5) Reputation. Not of good moral character and repute; (6) Federal Tax Stamp. The holder of a federal retail dealer's special tax stamp for the sale of intoxicating liquor at such place (or becomes said holder during the period of this license); or (7) Non-Owner or Lessor. Not the proprietor of the establishment for which the license is issued. 10 - 4 080483 10.17/10.18 10.17 PLACES INELIGIBLE FOR BEER LICENSE. Subd. 1. One Year After Violation. No license shall be granted for sale on any premises where a licensee has been convicted of the violation of this code, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one year has elapsed after such conviction or revocation. 10.18 CONDITIONS OF BEER LICENSE. Every beer license shall be granted subject to the conditions in the following subdivisions and all other provisions of this code and of any other applicable ordinance of the City or State law. Subd. 1. Minors. It shall be unlawful for any: (a) Loitering and Sale. Licensee or his employee to sell or serve non-intoxicating malt liquor to any minor or to permit any minor to consume non-intoxicating malt liquor on the licensed premises or to permit any minor to loiter or to remain in the room where non-intoxicating malt liquor is being sold or served unless accompanied by his parent or legal guardian; (b) Procure Beer For Minor . Person other than the parent or legal guardian to procure non-intoxicating malt liquor for any minor; (c) Induce Minor. Person to induce a minor to purchase or procure non-intoxicating malt liquor; (d) Age Misrepresentation. Minor to misrepresent his age for the purpose of obtaining non-intoxicating malt liquor; (e) Consumption By I~iinor. Minor to have in his possession any non-intoxicating malt liquor, with intent to parent or guardian; (f) Possession By Minor. Minor to have in his possession any non-intoxicating malt liquor, with intent to consume same at a place other than the household of his parent or guardian. Possession of such non-intoxicating malt liquor at a place other than the household of his parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his parent or guardian. (72-19) Subd. 2. Sale to Minors or Intoxicated Persons. No beer shall be sold to any intoxicated person or to any person under 19 years of age. Sul~d. 3. Employment of Minors. No minor under 18 shall be employed on the premises of a beer store or be permitted to sell or serve beer in any "on sale" establishment. Subd. 4. Gambling . No gambling or any gambling device shall be permitted on any premises licensed for the sale of beer. Subd. 5. Intoxicating Liquors on the Premises. No licensee who is not also licensed to sell intoxicating liquor shall sell, permit or suffer the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance. Subd. 6. Conflicting Interests. No manufacturer or wholesale of beer shall have any ownership or interest in an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes, Section 340.20. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits ~ contrary to law upon a retail licensee. 10 - 5 080483 10.18/10.19/10.20/10.21/10.22 Subd. 7. Federal Retail Liquor Dealer's Tax Stamp. No licensee shall sell beer while holding or exhibiting in the licensed premises a federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors. Subd. 8. Beer License Posted. Ail licensed premises shall have the license posted in a conspicuous place at all times. Subd. 9. On Sale, Separate Rooms. An "on sale!' license shall entitle the holder to serve beer in a separate room of the licensed premises for banquets or dinners at which are present not less than six persons. Subd. 10. Maintenance of Order. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. 10.19 CLOSING HOURS. No sale of beer shall be made; on any day between the hours of 1:00 a.m. and 8:00 a.m.; on any Sunday between the hours of 1:00 a.m. and 12:00 noon; or on any statewide election day in the City between the hours of 1:00 a.m. and 8:00 p.m. 10.20 BONA FIDE CLUBS. No bona fide club shall sell beer except to members and to guests in the company of members. 10.21 RESTRICTIONS ON PURCHASE AND CONSU~_PTION OF BEER. Subd. 1. Age MisrePresentation by, Minor. No minor shall misrepresent his age for the purpose of obtaining beer. Subd. 2. Inducing Minor to Buy Beer. No person shall induce a minor to purchase or procure beer. Subd. 3. Procuring Beer for Minor. No person other than the parent or legal guardian shall procure beer for any minor. Subd. 4. Minor Consuming Beer. No minor not in the company of a parent or guardian shall have in his possession any beer, with intent to consume same, at a place other than the household of his parent or guardian. Possession of such beer at a place other than the household of his parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his parent or guardian. Subd. 5. Consumption and Display of Intoxicating LiQuors. No person shall consume or display any intoxicating liquors on the premises of a licensee who is not also licensed to sell intoxicating liquors. 10.22 REVOCATION OF BEER LICENSE. The violation of any provision or condition of this ordinance by a licensee or his agent shall be ground for revocation or suspension of the license. A license granted under this ordinance may be revoked or suspended by the council after written notice to the licensee and a public hearing, The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension or appeal therefrom. 10- 6 080483 10.30/10.31/10.32 10.30 MIXING INTOXICATING LIQUORS AND OTHER BEVERAGES 10.31 CONSUMPTION IN PUBLIC PLACE. No person shall mix, consume or display intoxicating liquors in any place where the public is permitted to frequent which is not operated under a valid license to sell intoxicating liquors. 10.32 SERVING OR PERMITTING MIXING OF DRINKS. It shall be unlawful for the proprietor of any business establishment as hereinafter defined, his servant, agent, or employee to directly or indirectly aid in, or to suffer, or to permit the mixing, blending, consumption or display of intoxicating liquors, or to serve or permit the serving of liquids for the purpose of mixing or blending the same with intoxicating liquors to be consumed at such establishment. 10 - 7 080483 10.40/10.41/40.42/10.43 10.40 INTOXICATING LIQUORS 10.41 LICENSE REQUIRED, INTOXICATING LIQUOR. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any intoxicating liquor within the City without first having received a license as hereinafter provided. Retail licenses shall be as follows: Subd. 1. Number of On Sale Licenses. The maximum number of on sale intoxicating liquor licenses which shall be issued by the City is three (3), whether "On Sale, I~estaurant'', "On Sale, Tavern", or any combination thereof. On Sale Wine Licenses shall be limited to the number of qualifying restaurants as defined in Section 10.01. (82-2) Subd. 2. Number of Off Sale Licenses. The maximum number of off sale licenses which shall be issued by the City is three (3). (77-21) Subd. 3. Liquor License Required. No person, except wholesalers or manufacturers to the extent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor as defined in Section 10.01, Subd. 8, without first having received a license to do so as provided in this ordinance. (77-21) Subd. 4. Kinds of Licenses. Licenses shall be of five kinds: "On Sale, Restaurant", "On Sale, Tavern", "Special License for Sunday Liquor Sales", "On Sale Wine Licenses" and "Off Sale". (82-2) Subd. 5. "On Sale, Restaurant" licenses shall be issued only to hotels and restaurants. Subd. 6. "On Sale, Tavern" licenses shall be issued only to an exclusive liquor store used as an on sale establishment for the sale of intoxicating liquor at retail as defined in Section 10.01, Subd. 15. Subd. 7. "Special License For Sunday Sales" shall be issued only to establishments to which "on sale" licenses have been issued or hereafter may be issued for the sale of intoxicating liquors, which establishments are "hotels", "restaurants", or bona fide clubs as defined in this chapter in conjunction with the serving of foo{1. Subd. 8. "Off Sale" liquor licenses shall be issued only to "exclusive liquor stores, off sale". off sale license may be issued to the holder of an "On Sale, Tavern" license if, in the judgment of the City Council~ the physical facilities of the establishment are suitable for the combined on sale and off sale operation. Subd. 9. "On Sale wine license". On sale wine licenses shall be issued only to restaurants seating 50 or more guests. 10.42. VERIFICATIONS OF APPLICATIONS. The truth of all statements made in every application for a license to sell intoxicating liquor shall be sworn to before a notary public or other officer authorized to take an oath, and filed with the City Clerk. 10.43 CONTENTS OF APPLICATION. In addition to the information which may be required by the Stat Control Commissioner's form, the application shall contain the following: Subd. i . Type of Business. Whether the applicant is a natural person, corporation, partnership or other form of organization. Subd. 2 . License Sought . Type of license applicant seeks. Subd. 3. For Natural Person. If the applicant is a natural person, the following information: (a) Name. True name, including maiden name, if applicable, place ~nd date of birth, and street resident address of applicant. (b) Alias. Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name, or names, and information concerning dates and places where used, and the reasons for using alternate identification. 10 - 8 080483 10.43 (c) Business Name. The name of the business if it is to be conductedunder a designation, name or style other than the full individual name of the applicant; in such case a copy of the certification, as required by Chapter 333, Minnesota Statutes, certified by the Secretary of State, shall be attached to the application. (d) Marital Status. Whether applicant is married or single. If married, name including maiden name, if applicable, place of birth and street residence address of applicant's present spouse. If divorced, the name of his former spouse or spouses and her (their) present resident address(es), if known. (e) Registered Voter. Whether applicant and present spouse ~re registered voters and if so, w he re. (f) Addresses. Street addresses at which applicant and present spouse have lived during the preceding ten years. (g) Occupational History. Kind, name and location of business or occupation applicant or present spouse have been engaged in during the preceding ten years. (h) Partners and Employers. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years. (i) Criminal Record. Whether applicant or his spouse, or a parent, brother, sister or child of either of them, has ever been arrested or convicted of any crime other than minor traffic offenses. If so, the applicant shall furnish information as to the time, place and offense for which arrests or convictions occurred, and the final disposition of the same of the Court having proper jurisdiction. (j) Prior Experience. Whether applicant or his spouse, or a parent, brother, sister or child of either of them, has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature. If so. applicant shall furnish information as to the time, place and length of time. (k) Military Service. Whether applicant has ever been in the military service. If so, applicant shall, upon request, exhibit all discharges. (1) Related Persons. The name, address and business address of each person who is engaged in Minnesota or elsewhere in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of the whole or half blood, computed by the rules of civil law, or who is a brother-in-law or sister-in-law of the applicant or his spouse. (m) Bankruptcy. Whether or not the applicant has ever petitioned for or been adjudicated a bankrupt. (n)Banking Reference. The name of any banking institution in which the applicant has maintained a checking account within the last five years. Subd. 4. For Partnership. If the applicant is a partnership, the names and addresses of all partners, general or limited, and all information concerning each partner as is required of a single applicant in Subd. 3 above. A managing or general partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application and, if the partnership is required to file a certificate as to a trade name under the provisions of Chapter 333, Minnesota Statutes, a copy of such certificate certi- fied by the Secretary of State shall be attached to the application. Subd. 5. For Corporation. If the applicant is a corporation or other organization and is applying for an "on sale" license, the following: (a) Name and State. Name, and if incorporated, the state of incorporation. (b) Certified Copies. A certified copy of Certificate of Incorporation, Articles of Incorporation or Association Agreement and By-Laws and, if a foreign corporation, a Certificate of Authority as described in Chapter 303, Minnesota Statutes from the Secretary ~f State. 10 - 9 080483 10.43/10.~ (c) R.esponsible Party. The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Subd. 3 above. (d) Relationships. A list of all persons who, singly or together with their spouse, or a parent, brother, sister or child or other relative, own or control an interest in said corporation or association in excess of 5 percent or who' are officers of said corporation or association, together with their addresses and all information as is required of a single applicant in Subd. 3 above. If such owners are parent corporations, the same information shall be required of the parent as the applicant. Subd. 6. Premises. The exact legal description of the premises to be licensed together with a with a plot plan of the area showing dimensions, location of buildings, street access, parking facilities and the locations and distances of the nearest church building and school grounds. Subd. 7. Location Identification. The floor number and street number where the sale of intoxicating liquors is to be conducted and the rooms where liquor is to be sold or consumed. An applicant for an "on sale" license shall submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of said rooms. Subd. 8. Federal Permit. If a permit from the Federal Government is required by the Laws of the United States, whether or not such permit has been issued ~ and if so required, in what name issued and the nature of the permit. Subd. 9. Investment. The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc., and proof of the sources of such money. Subd. 10. Debts. The names and addresses of all persons to whom applicant is indebted, other than debts arising out of the ordinary course of business for a date 60 days prior to the date of the application; the nature of such indebtedness, amount thereof, terms for payment or other reim- bursement. This shall include, but not be limited to, any lessors, mortgagees, lendors, lien holders, trustees; the persons who have co-signed notes or pledged security for any indebtedness of the application. ' - Subd. 11. References. The names, residences and business addresses of three persons, residents of Hennepin County, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as the applicant's character or, in the case where information is required of a manager, or general partner, the manager's, or general partner's character. Subd. 12. Tax Payment. Whether or not all real estate and personal property taxes for the premises to be licensed which are due and payable have been paid, and if not paid, the years and amounts which are unpaid. Subd. 13. Plans. Whenever the application for an "on sale" license to sell intoxicating liquor, or for a transfer thereof, is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design ~re on file with the Director of Protective Inspections, no plans need to be filed with the City Clerk. Subd. 14. Other. Such other information as the City Council shall require to supplement any of the above. Subd. 15. Sunday Sales. An application for a "Special License for Sunday Liquor Sales" may refer to, and incorporate therein by reference, the information maintained in the licensees' application for an "on sale" license to the extent that such information is current and applicable at the time of such application for a "Special License on Sunday Liquor Sales". 10.44 TEMPORARY LICENSES. BLANK. 10 - 10 080483 10.45/10.46/10.47 10.45 RENEWAL APPLICATIONS. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license and shall be made in such abbreviated form as the City Council may approve. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the City Council may, if the other provisions of this ordinance are completed with, grant the application.. At the earliest practicable time after application is made for a renewal of an "on sale" license, and in any event prior to the time that the application is made for a renewal of an "on sale" license, and in any event prior to the time that the application is approved by the City Council, the applicant shall file with the City Clerk a statement made by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the twelve-month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate of Authority. 10.46 EXECUTION OF APPLICATION. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by two officers thereof; if by a partnership, by one of the partners, or in any case, its managing partner; if by an incorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the name of all partners. 10.47 LICENSE FEE. Subd. 1. Fee Amount. The annual license fee shall be in an amount prescribed in Chapter 9 of this Code. Subd. 2. When Fee Payable. The initial license fee shall be due and payable in full within 90 days of approval of the application by the City Council or issuance of a certificate of occupancy whichever is sooner, and on each January 10 thereafter. Ail fees shall be paid into the general fund and shall not be refunded once a license is issued. No license shall be issued until the fee is paid in full. Subd. 3. Pro-rating of Fees. The fee for an "on sale" license granted after the commencement of the license year shall be pro rated on a monthly basis. A "Special License for Sunday Liquor Sales" shall be pro rated on a quarterly basis. The pro rata determination shall include the month or quarter in which the application is approved by the City Council. Subd. 4. Incomplete Building. When the license is for premises when the building is not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be ninety days after approval of the license by the City Council or upon the date the certificate of occupancy is issued, whichever is sooner. Subd. 5. Transfer of License. No transfer of a license shall be permitted from place to place or person to person without complying with the requirements of an original application except as provided by Subd. 9 of this Section and except where a new application is filed for transfer of license from place to place and is for premises where the building was not ready for occupancy at the time of the original application and the new application is filed within 90 days after approval of the original license by the City Council but before a Certificate of Occupancy for the original location has been issued, no additional license fee is required and the investigating fee shall be as specified in Subd. 8 of this Section. Subd. 6. Fee Non-Refundable. No part of the fee paid for any license shall be refunded. Subd. 7. Investigation Fee. At the time of each original application for a license, except in the case of a "Special License for Sunday Liquor Sales," and except as provided in Subd. 5 of this Section, the applicant shall pay an initial investigation fee of $250 to cover the costs of verifying whether or not such person is ineligible for a license as provided in Section 10.49 (1-7) of this Code. No part of this fee shall be refundable. Upon verification that such person is eligible, within 21 days of the date of the application, the applicant shall pay an additional $250 for the completion of the investigation to determine whether or not a license shall be issued. If investigation is required or deemed desirable outside the State of Minnesota, the applicant shall be charged the actual cost of such investigation, not to exceed $10,000. Subd. 6. Additional Investigation Fee. At any time that an additional investigation is required because of a change in the ownership or control of a corporation or because of an enlarge- ment, alteration, or extension of premises previously licensed, or because of a transfer from place to place which transfer comes within the exception expressed in Subd. 5 of this Section, the licensee 10 - 11 080483 10.47~0.48 shall pay an additional investigating fee in the amount of $500.00 which shall not be refundable except to the extent that the City does not incur investigation costs in a like amount, in which case the balance, as determined by the City Manager, shall be refundable. If investigation is required or deemed desirable outside the State of Minnesota, the applicant shall be charged the actual cost of such investigation, not to exceed $10,000. Subd. 9 . 'Subsequent Incorporation. Where a new application is filed as a result of incorporaton by an existing licensee and the ownership control and interest in the license are unchanged, no additional licensee fee will be required, but the information required of a corporation shall be f'zled at the time of incorporation. If the ownership control or interest is changed in any but an immaterial way, a new license must be applied for, including fees. 10.48 GRANTING OF LICENSES. Subd. 1. Lit]uor Control Commission. In order to assist the City Council in investigating the the facts set out in the application and in order to determine the eligibility for a license, pursuant to the provisions of this ordinance and of the State Law, the City Council shall appoint a Liquor Control Commission as provided in 2.401 of the City Code. Subd. 2. Investigation. Ail applications for a license shall be referred to the Director of Police, and to such other City Departments as the City Manager shall deem necessary, for verification and investigation of the facts set forth in the application. The Director of Police shall cause to be made such investigation of the information requested in Section 10.43, as shall be necessary and shall make a written recommendation and report to the Liquor Control Commission within 90 days, or the City Council, as the case may be, which shall include a list of all violations of Federal or State Law or Municipal ordinance. The Liquor Control Commission may order and conduct such additional investigation as it shall deem necessary for an additional period of 60 days. Subd. 3. Hearing. Upon receipt of the written report and recommendation by the Director of Police and within 20 days thereafter, the Chairman of the Liquor Control Commission shall instruct the City Clerk to cause to be published in the official newspaper 10 days in advance, a notice of a hearing to be held by the Liquor Control Commission, setting forth the day, time and place when the hearing will be held, the name of the applicant, the premises where the business is to be conducted, the nature of the business and such other information as the Liquor Control Commission may direct. This notice shall also be posted in at least four conspicuous places throughout the City at least seven days in advance of the hearing. The Liquor Control Commission shall within five days after the date of the hearing formulate written recommendations approving or denying the application and the reasons therefor, and submit the same to the City Council for its consideration. The City Council shall also hold a hearing upon the giving of the same notice as described previously to consider the application and the recommendations of the Liquor Control Commission and shall render a decision, by a majority vote, denying or approving the application, giving the reasons therefor. At either hearing, opportunity shall be given to any person to be heard for or against the granting of the license. A license, other than a renewal, shall not be approved before the next regular meeting of the City Council following such hearing. Subd. 4. Council Hearing. Not less than 10 days nor more than 15 days after the date for submitting renewal applications, the City Council shall hold a public hearing. Notice of the time and place of said meeting and consideration and approval of renewal applications shall be published in the official newspaper 10 days in advance of the hearing. Opportunity shall be given to any person to be heard for or against the granting of the license. A license, other than a renewal, shall not be approved before the next regular meeting of the City Council following such hearing. Subd. 5. License to Premises. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. With the approval of the City Council and the State Liquor Control Commissioner, a licensee may store excess stocks of intoxicating liquor in places other than the licensed premises. The place of storage shall be located within the City. The location and address of the storage place, the length of time it is proposed to store liquor in such place, the quantity of liquor stored and removal from the storage place shall be reported in writing to the City Clerk-Treasurer at least three days prior to the initiation of storage. 10 - 12 080483 10,48~0.49/10.50 Subd. 6. License Transfer. No license may be transferred to another person or to another place without complying with the requirements of an original application including the approval of the City Council and the Liquor Control Commission, as required, except as provided by Section 10.47, Subd. 5 and Subd. 9. Subd. 7. Notice to State. The City Clerk-Treasurer shall, within 10 days after the issuance of any license under this ordinance, submit to the State Liquor Control Commissioner the full name and addresses of each person granted a license, the trade name, the effective license date, and the date of expiration of the license. He shall also submit to said Commissioner any change of address, transfer, cancellation or revocation of any license~by the Council during the license period. Subd. 8. Certificate of Occupancy. Where a license is granted for premises where the building is under construction or otherwise not ready for occupancy, the City Clerk-Treasurer shall not issue the license until notified by the Director of Protective Inspections that a certificate of occupancy has been issued and the building is ready for occupancy. 10.49 PERSONS INELIGIBLE FOR LICENSE. The following persons are ineligible for the issuance or renewal of an intoxicating liquor license: Subd. 1. State Prohibition. No license shall be issued to a person not eligible for the same under state law, Minnesota Statutes 340. Subd. 2. Interest in Other Establishments. Who is directly or indirectly interested in any other establishment in the City of New Hope to which an intoxicating liquor license has been issued under this ordinance; no intoxicating liquor license shall be granted to any person if such person or any person who owns an interest in the establishment or business for which an intoxicating liquor license application is being filed owns an interest in a business or establishment licensed under this ordinance. Subd. 3. Ineligible Manager . Who, if a corporation, has a manager who would not be eligible for a license pursuant to the provisions of this section. (77-21~ Subd. 4. Spouse of Ineligible Person. Who is the spouse of a person ineligible for a license. Subd. 5. Not Real Party In Interest. A person who in the judgment of the City Council is not the real party in interest or beneficial owner of the business operated or to be operated under the license. Subd. 6. Residency, Metropolitan. An intoxicating liquor license will not be issued or renewed in the case of an individual licensee who is not a resident of the seven county metro- politan area as defined by Minnesota Statute 473.171. The same restriction applies to the managing or general partner of a partnership licensee, or in the case of a corporation, the same residency rule applies to the person to whom the corporation has committed the management; general conduct and control of the affairs of the establishment. Subd. 7. Management of Multiple Licenses. The individual, managing partner, or corporate manager of a licensee shall not qualify for issuance or continuance of a license under this ordinance, if more than one liquor license in the City is involved. 10.50 PLACES INELIGIBLE FOR LICENSE. Subd. 1. Unpaid Taxes . No license shall be issued, or renewed, for operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this provision. No waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. Subd. 2. School or Church Proximity. No "on sale" license shall be granted for premises located within 500 feet of a public school or of any church. In the case of a school, the distance is to be measured in a straight line from the parcel or lot upon which the business to be licensed is 10 - 13 080483 10.50/10.51 located. In the case of a church, the distance shall be measured in the same manner as above set forth, except it is to be measured to the nearest point of the church building. The erection of a public school or church within the prohibited area after an original application has been granted shall not, render such premises ineligible for renewal of the license. (75-11) Subd. 3. Ineligible Person as Owner or Lessor. No license shall be issued for premises owned, leased or rented by a person to whom a license may not be granted under this ordinance. Subd. 4. Common Building Access. No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. 10.51 CONDITIONS OF LICENSE. Subd. i. Applicable Laws. Every license shall be granted subject to the conditions of the following subdivisions and all other subdivisions of this ordinance, and of any other applicable ordinance of the City or State law. Subd. 2. Posting of License. The license shall be posted in a conspicuous place in the licensed establishment at all times. Subd. 3. Licensee Responsible. Every licensee shall be responsible for the conduct of his place of business, the acts of his employees and the conditions of sobriety and order in the place of business and on the premises. Subd. 4. Area of License. No license shall be effective beyond the boundaries of the physical location described in the application or the license for which it was granted. Subd. 5. Prohibited Sales. No intoxicating liquor shall be sold or furnished or delivered to anyone who, by his physical appearance and mannerisms, appears to be in a state of intoxication, to any habitual drunkard, to any person under 19 years of age, or to any person to ·, whom sale is prohibited by State Law. (76-20) Subd. 6. Employment of Minors. No person under 18 years of age shall be employed in a room where on sales are made unless a~ompanied by his parent or guardian or employed to perform duties of a busboy or dishwashing services or when employed as a musician. Subd. 7. Gambling . No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or a~paratus on the licensed premises, and he shall not permit any gambling therein. Subd. 8. Prostitution. No licensee shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or indirectly under his control to be used as a resort for prostitutes. Subd. 9. Distillers and Manufacturers Ownership. No equipment or fixtUre in any licensed place shall be owned in whole or in part by any manufacturer or distiller of intoxicating liquor except such as shall be expressly permitted by State law. Subd. 10. Right of Inspection. Any police officer, building inspector, or any properly designated officer or employee of the City shall have right to inspect the premises of the licensee during business hours for the purpose of enforcing the provisions of this ordinance, and other City ordinances. Subd. 11. Refilling of Containers. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in any original package which has been refilled or partly refilled. No licensee shall directly or through any other person delete or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Subd. 12. Display of Liquor. No "on sale" liquor establishment shall display liquor to the public during hours when the sale of liquors is prohibited by this ordinance. 10 - 14 080483 10.51/1~.52 Subd. 13. Federal Gambling or Liquor Dealers Stamps . No licensee shall apply for or possess a Federal Wholesale Liquors Dealers special tax stamp or a Federal gambling stamp. Subd. 14. Alcohol and Neutral Spirits. No licensee~ shall keep ethyl alcohol or neutral spirits on any licensed premises or permit their use on the pren~i~es as a beverage or mixed ' with a beverage. Subd. 15. Records of Licensee. The business records of the licensee, i~cluding Federal and State tax returns, shall be available for inspection by the City Manager, or other duly authorized representative of the City or the City Council at all reasonable times and upon reasonable notice being given therefor. Subd. 16. Ownership Changes. Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws or partnership agreement, as the case may be, shall be submitted to the City Clerk within 30 days after such changes were made. Notwithstanding the definition of interest as given in Section 10.01, Subd. 7, in the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an ownership interest, capital stock or otherwise which, together with that of his spouse, parent, brother, sister or child, exceeds 5% of the total, and shall give all information about said person as is required of a person pursuant to the provisions of Section 10.43 of this code. If the ownership control or interest is changed in any but an immaterial way, a new license must be applied for, including fees. Subd. 17. Political Contribution. At the time a licensee submits his application for renewal of a license, he shall state the nature or amount of any contribution he has made for campaign or political purposes, the person to whom the contribution was made and the person or organization ?'~, for whom intended. Subd. 18. Principal Business. A restaurant shall be conducted in such a manner that a principal part of the business for a license is the serving of 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. 13 shall have as its principal part of its business for the year the operation of the bowling lanes. (81-6) Subd. 19. Sunday Liquor and Food . 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. 13. (81-6) Subd. 20. Food Sale Certification. At the time of application for renewal of application on an On Sale, Restaurant license other than a bowling alley, the applicant shall submit proof to the City that not less than 40 percent of the gross sales of the establishment, for which the on sale license is to be used used, is in the serving of food; for an On Sale, Tavern license, the applicant shall submit proof to the City that not more than 7 percent of the gross sales of the tavern is in the serving of food. (74-20; 82-8) 10.52 RESTRICTED HOURS OF OPERATION. Subd. i. Definition. Restricted hours of operation as used herein shall mean the times when no sales or serving of intoxicating liquor shall be made in any intoxicating liquor establish- ment in the City of New Hope. 10 - 15 080483 10.52/10.53/10.54 Subd. 2. Hours. Restricted hours of operation shall be as follows: Restricted Hours for "On Sale" Intoxicating Liquor Establishments Monday No sales before 8:00 a.m. Tuesday through Saturday No sales between 1:00 and 8:00 a.m. Sunday No sales after 1:00 a.m., except establish- ments having a "Special License for Sunday Liquor Sales" shall be restricted only between the hours of 1:00 a.m. and 12:00 noon. Days of statewide elections No sales between 1:00 a.m. and 8:00 p.m. New Years Day, Memorial Day, No sales between 1:00 a.m. and 8:00 a.m. Independence Day, Labor Day, Thanksgiving Day and Christmas Day Restricted Hours for "Off Sale" Establishments Any Day No off-sale before 8:00 a.m. or after 10:00 p.m. of any day Monday through Thursday Only between 8:00 a.m. and 8:00 p.m. (78-20) Friday and Saturday Only between 8:00 a.m. and 10:00 p.m. (78-20) Saturday Only between 8:00 a.m. and 10:00 p.m. New Years's Day, January i No off sales these days, but on the evenings Independence Day, July 4 preceding these days, if the sale of liquor Thanksgiving Day is not otherwise prohibited on such evenings, Christmas Day, December 25 off sales may be made until 10:00 p.m., except Christmas Eve, December 24 No off sale after 8:00 p.m. Days of statewide elections No off sales between 1:00 a.m. and 8:00 p.m. (77-'~ 10.53 PUBLIC CHARACTER OF LIQUOR SALES. No sale of intoxicating liquor shall be made to or in guest rooms of hotels, unless the rules of such hotel provide for the service of meals in guest rooms; nor unless the sale of such intoxicating liquor is made in the manner "on sale" are required to be made; not unless such sale accompanies and is incident to the regular service of meal to guests therein; nor unless the rules of such hotel and the description, location and number of such guests rooms are fully set out in the application for a license. (77-5 10.54 RESTRICTIONS INVOLVING MINORS. In addition to the provisions of Section 10.18 as to Beer Sales to minors, the following restrictions apply to minors and intoxicating liquors: Subd. 1. Serving to and Consumption By Minors. No licensee, his agent, or employee shall serve or dispense upon the licensed premises any intoxicating liquor or non-intoxicating malt liquors to any person under the age of 19 years; nor shall such licensee, his agent, or employee permit any person under the age of 19 years to be furnished or consume any such liquors on the licensed premises. (76-20) Subd. 2. Delivery to Underage Person. No licensee, his agent, or employee shall permit any person under the age of 19 years to be delivered any such liquors, nor shall any person under the age of 19 years receive delivery of intoxicating liquor. (76-20) 10 - 16 080483 10.54/10.55 Subd. 3. Age Misrepresentation. No person under 19 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor or non-intoxicating malt liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor or non-intoxicating malt liquor for the purpose of purchasing or having served or delivered to. him for consuming any such intoxicating liquor or beer nor shall any such person purchase, attempt to purchase, consume, or have another person purchase for him any intoxicating liquor or beer. (76-20) Subd. 4. Purchase by Underage person for Another . No person shall incude a person under the age of 19 years to purchase or procure or obtain intoxicating liquor or non-intoxicating malt liquor. (76-20) Subd. 5. Identification Production. Any person who may appear to the licensee, his employees · or agents to be under the age of 19 years shall, upon demand of the licensee, his employee or agent, produce and permit to be examined suitable identification as to his or her age. Proof of age for purposes of consuming, purchasing, or possessing an alcoholic beverage, the con- sumption, sale, or possession of which is regulated by age, may only be established by a valid driver's license or a current Minnesota identification card as described in Subd. 6, following. In the case of a foreign national, a valid passport may be used as an alternative to the foregoing methods of identification. Subd. 6. Non-Driver Age Identification. In lieu of a drivers license or passport, a person may produce a current Minnesota identification card issued by the Minnesota Commissioner of Public Safety. 10.55 BOND. Subd. 1. Bonds or Deposit Required. At the time of filing an application for an "on sale" liquor license, but excluding a "Special License for Sunday Sales", the applicant Shall file a bond with corporate surety, or in lieu thereof cash or United States government bonds shall be deposited with the City Clerk-Treasurer. Such bond, cash or government bonds shall be in the amount of $5,000 for an "on sale" license. Such bond or cash deposit for an "off sale" license shall be in the amount of $3,000. The filing of the above described bond or ca~n for an "on sale" license shall be deemed sufficient for the purpose of the issuance of a "Special License for Sunday Liquor Sales", provided such bond or the terms of such deposit are amended to include the periods during which such licensee is operating under a "Special License for Sunday Liquor Sales". (79-19) Subd. 2. Approval of Bond or Insurance. The surety bonds or insurance policies required by Subd. i and Subd. 5 of this Section shall be subject to the approval of the City Council. Subd. 3 ~ Procedure Where Cash or Government Bonds are Used . If the applicant uses cash for security, it shall be deposited with the City Clerk-Treasurer. If United States government bonds are permitted and are used as such security, an assignment or agreement shall accompany them and they shall be filed with the City Clerk-Treasurer. The licensee shall be permitted to clip and take all interest bearing coupons thereto attached as they become due. Subd. 4. Surety or Insurance Companies. The surety on such bond, or the insurer on such liability insurance policy, shall be a surety company or insurance company, as the case may be, duly licensed to do business in the State of Minnesota, and the bond and liability insurance policy shall be appproved as to form and execution by the City Attorney. Ail surety bonds or liability insurance policies, when approved by the proper City or State officers, shall be deposited with the City Clerk-Treasurer. Subd. 5. Amount and Terms of Insurance . At the time of filing of the application the licensee shall provide evidence of liability insurance coverage on an Accord 25 Certificate of Insurance or its equivalent. Said Cer~i~cate shall specifically indicate the licensee has procured all coverages at minimum policy limits required by this subdivision. All policies of insurance shall be conditioned that the insurer shall pay, to the extent of the principal amount of the policy, nny damages for death or injury caused by, or resulting from the negligence of the licensee or from the violation of any law relating to the business for which such license has been granted. 10 - 17 080483 10.55 (a) Required Coverages. All licensees shall procure the following liability coverages: (1) General Liability . Coverage in the comprehensive form which shall include coverage for: (i) Premises-operation (ii) Products hazard (iii) Contractual insurance (iv) Broad form property damage (v) Independent contractors (vi) Personal injury (2) Automobile Liability. Coverage in the comprehensive form including coverage for all owned, hired, or non-owned vehicles used by the licensee. (3)Liquor Liability/Dram Shop. Coverage for liability imposed on the licensee by Mirmesota Statutes Section 340.95. (4) Workers Compensation Insurance . Coverage for liability imposed by Minnesota Statutes Chapter 176. CD) Minimum Policy Limits. With the exception of Workers Compensation coverage all insurance coverages required by this subdivision shall be in a minimum amount of $250,000 per person and $500,000 per occurrence. The policy limits for Workers Compensation insurance shall be as provided for by state law. (c) Notice Provisions Upon Cancellation. All liability insurance required by this subdivision may not be cancelled by either the licensee or his insurance company without first giving 10 days' notice to the City in writing of the intention to cancel addressed to the City Manager at the City Hall, 4401 Xylon Avenue North, New Hope, Minnesota 55428. Subd. 6. Terms of Bond. Ail such bonds shall be conditioned as follows: (a) Compliance With Law. The licensee shall obey the law relating to the licensed business. (b) Taxes and Charges Paid. That the licensee will pay to the City when due all taxes, license fee, penalties and other charges provided by law. (c) Forfeiture for Violation of Law . That in the event of violation of any law relating to the business for ~vhich the license has been granted for the sale of liquor, the bond shall be forfeited to the City. (d) Payment by Licensee and Surety. That the licensee will pay, to the extent of the principal amount of such bond, any damages for death or injury by, or resulting from, the violation of any law relating to the business for which such license has been granted, and that such recovery may be had also against the surety on his bond. Subd. 7. Benefit of Bond. Such bonds shall be for the benefit of the City, as obligee, and of all persons suffering damages under the conditions set forth in Subd. 6. The amount specified in any bond is declared to be a penalty, and the amount recoverable shall be measured by the actual damages. The surety shall not be liable in excess of the penal amount of the bond. In case of forfeiture of any bond for violation of the law, the District Court of Hennepin County may forfeit the penal sum of such bond to the City. Subd. 8. Deposit of U.S. Bonds. If United States government bonds are deposited with the City Clerk-Treasurer instead of a bond with a corporate surety, such bonds shall be accompanied by a properly executed assignment, in form approved by the City Attorney, assigning such government bonds to the City, to be held subject to the conditions, forfeiture and penalties provided by the laws of the State of Minnesota and this ordinance. Such assignment shall also contain a stipulation and agreement that such bonds shall remain with the City Clerk-Treasurer, subiect to the terms and conditions of such assignment and such State laws, during the term of the license in connection with which such government bonds may, with the approval of the City Council, be returned by the City Clerk-Treasurer to the licensee. '~ 10 - 18 080483 10.55/10.56/10.57 Subd. 9. Deposit of Cash. In the event that applicant deposits cash in lieu of surety bond, the deposit of such cash shall be accompanied by a written agreement and assignment upon the part of the licensee assigns such deposit to the City, to be held by the City Clerk-Treasurer subject to the conditions, forfeitures, and penalties required by the laws of the State of Minnesota and this ordinance, for a period of the license in connection with which such deposit is made, and for three years thereafter, at which time such deposit may be returned, with the approval of the City Council, by the City Clerk-Treasurer to the licensee. Subd. 10. Affidavit Required for Return of U.S. Bonds or Cash. Upon application for return of of United States government bonds or cash as provided for in this section, the licensee shall file with the City Clerk-Treasurer an affidavit stating that no action or proceedings has been commenced in any Court for the forfeiture of such bonds or deposit, or for damages to any person or persons under the terms and conditions thereof, and that the licensee has no knowledge of any existing claim or cause of action under the terms and conditions of the assignment and agreement relating to such government bonds or cash deposit. 10.56 SUSPENSION AND REVOCATION, INTOXICATING LIQUOR LICENSES. Subd. 1. Violation of Law or Failure to Insure. The City Council may suspend or revoke the license for the sale of intoxicating liquor for any violation resulting in a conviction of any provision of this ordinance or any State or Federal law regulating the sale of any intoxicating liquor whether or not the underlying charge may be subject to dismissal or is dismissed pursuant to Minnesota Statute 609.135, and whether or not said violation is appealed by the licensee, or if the licensee shall fail to keep in effect the bond or insurance policies required to be kept by the terms of this ordinance. Subd. 2. Hearing. Any revocation or suspension for a period longer than 30 days, shah be preceded by a hearing, written notice of which shall be given at least 10 days prior thereto, stating the time and place of the hearing and the nature of the charges against the licensee. The Council may, without notice, suspend the license of any person pending a hearing on revocation, for a period not to exceed 30 days, where the violation, which is the subject matter of the revocation, involved the sale of an intoxicating beverage to a minor, a willfully permitted use of any building or room under the control of the licensee for prostitution, the presence of slot machines or other gambling devices, where judgment has been entered against a licensee for violation of Minnesota Statute 340.95, or ~here a license application contained false and fraudulent information. The maximum time for suspension of a license, in any case, shall be 60 days. Subd. 3. Temporary Suspension. The City Manager shall have authority to suspend any license for any of the above reasons until the next regular or special meeting of the Council at which a suspension or revocation is to be considered, but in no case, shall this authority exceed a period of 14 days. 10.57 LICENSING OF EMPLOYEES. Subd. I. Employee License Required. No person shall work as a manager, bartender, cocktail waitress, clerk, delivery man, or in any capacity where such person sells, serves or delivers intoxicating liquor in or from premises licensed under this ordinance, and no licensee shall permit any such person to be so employed, unless such person, within seven days after being first employed, shall apply for a license to engage in such business. No person may be so employed for any length of time whatsoever if his license is denied or revoked. No person shall make off sale deliveries of intoxicating liquor unless such person has obtained a license as an employee. Subd. 2. Employee Data Required. An application for such license shall be filed with the City Clerk-Treasurer upon forms provided by the City and such application shall be verified under oath and shall contain the following information: (a) References. The names and addresses of two residents of Hennepin County, Minnesota, who have known the applicant for a period of two years and who will vouch for the sobriety, honesty, and general good character of the applicant. 10 - 19 080483 10.57/10.58/10.59/10.60 (b) Employment History. A concise history of the applicant's previous employment. (c) Criminal Record. The record, if any, of arrests and of convictions for crimes and misdemeanors other than petty misdemeanor traffic offenses. Subd. 3. Employee License Fee. The annual license fee shall be as prescribed in Chapter 9 of this Code, and shall be paid in advance. Ail licenses shall expire on June 30. Any license issued after January i of any year shall expire on June 30 Of the next year, and the license fee shall apply for the entire initial license term, even though the period of time covered is more than one year. (76-8) Subd. 4. Police Verification of Data. The application shall be referred to the Police Department which shall investigate the facts set forth in the application and make a written report thereon at the earliest practicable time. If the Police Department recommends that such person be licensed, the City Clerk-Treasurer shall issue the license forthwith. If the Police Department recommends that such person be licensed, the City Clerk-Treasurer shall issue the license forthwith. If the Police Department makes a recommendation that the license not be issued, the applicant, upon written request within 15 days of the date of the recommendation, shall be entitled to a hearing before the City Council and may offer evidence to prove the license should be issued. Subd. 5. Prior Record. No person shall be issued a license if it appears that he has committed an act which is a willful violation of Minnesota Statutes 340.07 through 340.40, Minnesota Statutes 340.78 through 340.81, and Minnesota Statute 340.95. Subd. 6. Conviction of Crime. Any license issued hereunder may be revoked for any violation and conviction of this ordinance or of Chapter 340 of Minnesota Statutes or for conviction of any crime or misdemeanor involving moral turpitude. The above shall be true regardless of whether such conviction is subject to provisions of Minnesota Statute 609.135. 10.58 ENLARGE~IENT, ALTERATIONS OR EXTENSION OF PREMISES. Proposed enlargement, alteration or extension of premises previously licensed shall be reported to the City Clerk-Treasurer at or before the time application is made for a Building Permit for any such change and the licensee shall also give such information as is required by Section 10.43, Subds. 7, 8, 10, and 11 of the City Code. 10.59 STATE STATUTES INCORPORATED BY REFERENCE. The provisions of Minnesota Statute 340 relating to the matters of retail sale, distribution and consumption of intoxicating liquors are also adopted and made a part of this code as if fully set out herein, except where greater restrictions are set forth herein, in which event, the greater restrictions of this code shall apply, as provided by Minnesota Statutes 340.11, Subd. 17. 10.60 PENALTY. Any person violating any provisions of this code is guilty of a misdemeanor and upon conviction may be punished by a find of not more than $500 or imprisonment for not more than 90 days, or both. (77-21) 10 - 20 080483 10.70/10.71/10.72/10.73/10.74/10.75/10.76/10.7~7 10.70 W I N E L I C E N S E S /"~' 10.71 LICENSE REQUIRED. In addition to any other provision of this Chapter, any person owning and operating a restaurant shall be eligible for the issuance of a license for the on sale consumption of wines. (76-2) 10.72 APPLICATION REQUIRED. No license shall issue under this section until the applicant has provided the information required by Section 10.43~of this Chapter, unless such information has already been provided pursuant to the application for a license under said sections. The Council may, in its discretion, require that the applicant furnish additional or current information if it feels that the same is reasonably necessary to adequately consider the merits of the application. Ail applications shall be made on forms approved by the City Manager. (76-2) 10.73 INVESTIGATION AND GRANTING OF LICENSES. Ail applications made under this section shall be investigated in the manner provided in Section 10.46, Subd. 7, unless modified or waived by the Council because the applicant is already licensed pursuant to Section 10.41. (76-2) 10.74 RENEWAL LICENSES. Applications for renewal of licenses under this section shall be made in conjunction with any license issued to the person and shall be subject to the same requirements applicable to renewal of any other license held by the licensee. (76-2) 10.75 SUNDAY SALES. Regardless of the provisions of any other section of this Code, Sunday sales of wines shall be permitted only if the licensee obtains a special license for Sunday sales. 10.76 FEES. Subd. 1. Amount. The annual fee for a wine license shall be in an amount prescribed in Chapter 9 of this Code. Subd. 2. Payment. The payment of the initial license fee shall be made within 60 days after approval of the application by the City Council or Certificate of Occupancy, whichever occurs first, and on January 10 thereafter. All license fees shall be paid into the general fund and shall not be refundable. No license shall be issued until the fee is paid in full. -. Subd. 3. Pro-Rating of Fees. The initial fee for a license shall be prorated on a monthly basis, including the month in which the application is approved. (76-2) 10.77 APPLICABILITY OF OTHER PROVISIONS OF THIS CHAPTER. Ail other provisions of Section 10.40 through 10.78 for the sale of intoxicating liquor are determined to be applicable to this section pertaining to on sale wine licenses. (82-2) 10 - 21 080483 ORDINANCE NO. 83-16 AN ORDINANCE AMENDING SECTION 6.34 OF THE CITY CODE TO REQUIRE A PERMIT FOR CONNECTION TO A LIMITED STORM SEWER City of New Hope, Minnesota The Council of the City of New Hope ordains: Section 1. Chapter 6.34 of the City Code, "Pumping of Diverted Percolating, Waters Onto Streets" is amended by the addition thereto of the following Subd. 3: Subd. 3. Permit To Connect To Limited Storm Sewer. No person shall connect any pipe or otherwise divert waters to a limited storm sewer of the City unless a permit has been issued in the same manner as provided in Subdivision 1, above, with payment of a fee as prescribed therein. Section 2. Effective Date. This ordinance shall be effective upon its passage and publication. Dated the .~$~ day of July, 1983. ~ Mayor Atte st: ~ ~-~reasurer (Published in the New Hope-Plymouth Post the 4/~ day of~J~ ~ , 1983.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF I~INNESOTA f COUNTY OF HENNEPIN~ SS. Richard Germundea~, being duly sworn, o~ o~th s~ys he is and during all times herein stated has been the Vice-President of The Post Publishing Co., publis/ner end printer of the newspaper known es NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as follows: (t) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space fo af least 900 square inches. (2) Said newspaper is a weekly and is distributed af least once each week. (3) Said newspaper has 50 percent of its news columns, devoted fo news of local interest to the cornmunify which if purports to serve and does not wholly duplicate any other publication and is not made up enfirel y of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has af leaef 500 copies regularly delivered fo 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 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- tained by the managing officer of said newspaper or persons in ifs 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 af 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 fo 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 further states on oath that the printed....~ .~...~y~.., ~...L~..~..~..~. ..... ?.. ?..._.../...~. ................. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in /.. successive weeks; that it was first so published on . .~~ the Engl ish language, once each week, for.. .~..~..~A~.....~... 19..~.. <~ancl wes thereafter printed and published on every ..................... the. of. 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: abcdetghijklmnopdrstuvwxyz~l/2 pt. Sans Subscribed and sworn to before me ......... day ................................................ (NOTARIAL SEAL) Notary Public ............................... County, N~innesota · My ¢ommlssion Expires .............................. 19 ...... ORDINANCE NO. 83-17 AN ORDINANCE AMENDING THE CITY CODE TO PROVIDE FOR PAYMENT OF COSTS FOR ZONING APPLICATIONS City of New Hope, Minnesota The Council of the City of New Hope ordains: Section 1. Section 4.36 of the City Code is amended in its entirety to read as follows: 4.36 ADMINISTRATION--FEES. 4.361. Definitions. The following definitions shall apply in the interpretation of this ordinance: (1) Basic Zoning Fee. A fee required for each category of zoning action requested by an applicant, intended to cover the Indirect Costs of the City in processing an application to conclusion. (2) Direct Costs. Direct costs of the City in the adminis- tration of this section include the fees and materials and other costs of the Engineer, Planner, Attorney, publica- tion and printing costs. (3) Indirect Costs. Indirect costs include administrative costs such as City offices time, including the City Manager, office of the City Clerk, Department of Protective Inspections and other administrative personnel. (4) Supplemental Zoning De~)osit One or more deposits in addition to the Basic Zoning Fee, and the Zoning Deposit by the City to cover its estimated or additional actual Direct Costs. (5) Zoning Deposit . A deposit required of applicants for zoning change or determination to reimburse the City for estimated Direct Costs in processing an application. 4.362. Purpose. The costs of the City in receiving, analyzing, processing, hearing and final processing of requests for changes, modifications, or special consideration under the New Hope Zoning Code, such as requests for rezoning (area or text), conditional use permits, and variances are considered to be unique to the applicant requesting such consideration, and it is the intent of this section to provide that all costs of the City occasioned by such requests shall be borne by the applicant. The reimbursement to the City shall be limited to actual costs of the City. 4.363. Basic Zoning Fee. Each applicant shall pay a non-refundable Basic Zoning Fee at the time an application is presented to the City for a zoning change of any nature, a conditional use, or a variance. This fee is intended to reimburse the City for its normal Indirect Costs in similar, uncomplicated matters. If this fee proves to be insufficient to cover such Indirect Costs, such additional Indirect Costs will be charged as a part of the Zoning Deposit, or the Supple- mental Zoning Deposit. 4.364. Zoning Deposit. In addition to the non-refundable Basic Zoning Fee, each applicant shall pay a Zoning Deposit in an amount prescribed in Chapter 9 of this code at the time of application. Direct Costs incurred by the City in the processing of the application shall be paid from or reimbursed to the City, from the Zoning Deposit. Direct Costs not fully paid or reimbursed from the Basic Zoning Fee shall be paid or reimbursed from this deposit or the Supplemental Zoning Deposit. 4.365. Supplemental Zoning Deposit . At any time while the application is pending and before its final conclusion, if the City Manager determines that the amount of the Zoning Deposit is, or is estimated to be insufficient to pay for present or anticipated Direct Costs of the application, a Supplemental Zoning Deposit shall be required by the City Manager to be paid by the applicant. The one or more Supplemental Zoning Deposits shall be in an amount sufficient to pay all Direct Costs, and any overage of Indirect Costs. 4. 366. Refunds--Indirect Costs. The Basic Zoning Fee intended to cover Indirect Costs is non-refundable. -2 - 4. 367. Refunds--Direct Costs. If the Direct Costs of the City in processing the application are less than the amount of the Zoning Deposit and any Supplemental Zoning Deposit, any such overage shall be refunded to the applicant upon the conclusion of the proceedings, and any such costs in excess of the Supplemental Zoning Deposits on hand with the City shall be paid by the applicant prior to completion of the proceedings by the City. 4.368. Appeal. Any applicant aggrieved by any determination of the City Manager as to applicable or estimated costs relative to an application may appeal to the City Council at a regular or special meeting for a review of the amount of the fee. Section 2. Effective Date. This ordinance shall be effective upon its passage and publication. Dated the 25th day of July, 1983. / - ~ Mayor Attest: ~/~ (~l~e~-k-~r e as ur e r (Published in the New Hope-Plymouth Post the~~f day of ./~ ~7~- , 1983.) -- 3 -- NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA [ COUNTY OF HENNEPIN~ SS. Richard Germundsen, 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: (!) 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 perce~t 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 PLYI~IOUTH 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 during all such regular hours and at which time said newspaper is printed. (6) Sa id 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, 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 ~s a legal newspaper. He further states on oath that the printed .... ...~.. ~ ,A.,~...,..~...~..,~ .... ~..c.~., .~., ./., .?.,, hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in theEngHsh language, once each week, for..~..successiveweeks; that if was first so published on..~./.~.~.~ ...... '..~.~.-~day of....~...~.~.(~.~19..t..c:~, and was thereafter printed and published on every~ ..................... the 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--SV= pt. Sans Subscribed and sworn to before me this.....~'......~. .......... day o~..~...~. (NOTARIAL SEAL) Notary Public ............................... County, /V~innesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 83-20 AN ORDINANCE AMENDING THE CITY CODE BY ABOLISHING THE LIQUOR CONTROL COMMISSION City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Repealer. Sections 2. 310 through 2. 316 pertaining to the Liquor Control Commission are hereby repealed. Section 2. Effective Date. This ordinance shall be effective as of its passage and publication. Dated the 27th day of December, 1983. ~/ z Mayor Attest: /~/~ ~~~ ~ ~l~er~-Tr ea surer (Published in the New Hope-Plymouth Post the ~ day of , 198 ..... .) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN Richard Germundsen, being duly sworn, o~ oath says he is and during ali times herein stated has been the Vice-President of The POst Publ ishing 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 dupl Jcate 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 Hennepin 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 and sale of subscriptions and main- rained by the managing officer of said newspaper or persons in its employ and sublect 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 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....~..4 .~ ~:~.. ~ .~,.. ?..',...?.. ,~., ,'T,. ,'~.~,..~. .................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in theEnglish language, once each week, for.../...successiveweeks; that it was firstso published on...~..~ the."~-. ~..~?'. day of. .. 19..~../and was thereafter printed and publ .shed 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: abcdefghi[klmnopqrstuvwxyz--5V~ pt. Sans Subscribed and sworn to before me this ~ ~-- day of (NOTARIAL SEAL) Notary Public ............................... County, N~innesota N~y Commission Expires .............................. 19 ...... ~ NAC~flA A. SCHULTENOVL~ <~,~,~ NOTARY PUBLIC. Ml},.~OTa SUMMARY OF ORDINANCE NO. 83-21 AN ORDINANCE AMENDING SECTION 4.124 OF THE CITY CODE PERTAINING TO CONDITIONAL USES IN THE B-3 DISTRICT BY ADDING SUBSECTION (8) GOVERNING CONVENIENCE GAS/GROCERY STORE ESTABLISHMENTS On the 25th day of July, 1983, the Council of the City of New Hope enacted Ordinance No. 83-21. Section 1. Summary of Text. New Hope Ordinance 83-21 "An Ordinance Amending Chapter 6.30 of the City Code Pertaining to Conditional Uses in the B-3 District by Adding Subsection (8) Governing Convenience Gas/Grocery/Food Establishments" adds to the list of conditional uses in the B-3, Auto Oriented Zoning District of the City, Convenience Gas (no vehicle service or repair), Grocery and/or Food Operations, under certain conditions, and if certain standards are met, all of which are spelled out in the full text of the ordinance. Section 2. Notice. A copy of the entire text of the ordinance is available at the reception counter of the City Hall, 4401 Xylon Avenue North in the City of New Hope and will remain there until at least July 2, 1984. A printed copy of the ordi- nance is also available for inspection or purchase by any person during regular hours of the office of the City Clerk at the same address. Section 3. Effective Date. Ordinance 83-21 shall be effective upon the passage and publication of this Summary. Dated the 14th day of May, 1984. Mayor AtteSt: ~~ Clerk-Treasurer (Published in the New Hope-Golden Valley Post the 24th day of May, 1984.) '.?~SI~MMA~RY OF ORD~'NCE'N~. ~ lNG~ ~ ~,OP 1 . THE ~' , ,BY Al ~fi~e NEW HOPE - GOLDEN VALLEY POST ~ of' the City of New Hope e, J Ordinance No. 83-21. AFFIDAVIT OF PUBLICATION i Section 1. Summary of Text. NeW Hope Ordinance 83-21 "An :Ordinanc~ ~Am'end ng Chapter ~.30. of the- City Code Pertaining to Conditional Uses b tt~e B-3 District-by 'A-rid ng ubse~tJon -(8) Governing Conve-. STATE OF I9[I'NNESOTA ~ience Gas/Grocer.y/Food Establishments'" adds' to-'the 'list of COUNTY O~' :onditional uses in the B:3,. Auto e riented Zoning District of the City, nvenience ~as (no vehicle, service · ·repair), G£ocery p~ek-~fions, und~i- certan c0nCrtJ0ns ~d it certain standards are met, all .~ich are spelled out in the full text t~e ordinance. ~L~iea J. Notice. A copy of -the Richard Germun~en, being duly sworn, mi oath says he is and during all times herein stated has been the Vice-President v nt'~e'-text of the Ordinance is of The Peet Publ Jshing Co., publisher end prlnter of the newspeper known as e~abte at'-the reception counter of NEW HOPE - GO].~)EN YAI,I,R¥ POST l~e-;c~y,.l~alf,~..4401 Xylon Avenue ~orth -in. the. 'City 'of. New Hope and end has full knowledge of the facts herein stated as follows: ~will remain ~nere until at least. July 2, (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent '1'984. A printed copy of the ordinahce in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distribute~ at least once each .is also available for inspection or week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which ,purchase by any person during itpurpertst~serveanddeesnotwh~~~ydup~icateany~therpub~icati~nandisn~tmadeupentire~y~fpatents~p~atematter ~regular' hours of the office oi the City and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at Clerk at the same ~.d.~ss, least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation '. Section 3. EffectiVe Date. Ordi- currently paid or no more than three months in arrears and has entry as second-class matter in its local post- ~aance 83-21 shall be.~ffect ve upon the office. (5) Said newspaper purports to serve the passage and publ~atiort of this 'SUmmary. < ' ~ ~'~ .... : ~,, ' ' ~ NEW HOPE - GOLDENVAI,I,EY POST ~ Dated the 14th day of May, 1984. 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 ~S/W. Peter Encg,~,~; ~¢flng Mayor; ~' ~' r~ ~, ' ` ~ ~' 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 fo his direction and control during all ~(ffe~t:/s/Betty Pouliof, such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately I, · Clerk-Treasurer ! with the State Historical Society. (7} Said newspaper has complied with all the foregoing conditions for at least two years ~¢'Published in 'The New Hope-! preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of ~piden Valley Post May 31 1984.) i 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 e notary public stating fhef 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 English language, once each week, for.../.., successive weeks; that it was first so publ ished on .(f.~. the the...~...]...-~, day of....~....~-~ ........ 19..~. ~ and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 1~ ...... 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: abcdefghijklmnopqrstuvwxyz 5~/2 pt. Sans Subscribed and sworn to before me this .... ......... day ...... A.D., (NOTARIAL SEAL) Notary Public, ............................ County, Ntinnesota AAy Commission Expires .............................. 19 ...... SUMMARY OF ORDINANCE NO. 83-21 AN ORDINANCE AMENDING SECTION 4.124 OF THE CITY CODE PERTAINING TO CONDITIONAL USES IN THE B-3 DISTRICT BY ADDING SUBSECTION (8) GOVERNING CONVENIENCE GAS/GROCERY STORE ESTABLISHMENTS On the 25th day of July, 1983, the Council of the City of New Hope enacted Ordinance No. 83-21. Section 1. Summary of Text. New Hope Ordinance 83-21 "An Ordinance Amending Chapter 6.30 of the City Code Pertaining to Conditional Uses in the B-3 District by Adding Subsection (8) Governing Convenience Gas/Grocery/Food Establishments" adds to the list of conditional uses in the B-3, Auto Oriented Zoning District of the City, Convenience Gas (no vehicle service or repair), Grocery and/or Food Operations, under certain conditions, and if certain standards are met, all of which are spelled out in the full text of the ordinance. Section 2. Notice. A copy of the entire text of the ordinance is available at the reception counter of the City Hall, 4401 Xylon Avenue North in the City of New Hope and will remain there until at least July 2, 1984. A printed copy of the ordi- nance is also available for inspection or purchase by any person during regular hours of the office of the Cit~;Cl~rk~at~..the same address. Section 3. Effective Date. Ordinance 83-21 shall be effective upon the passage and publication of this Summary. Dated the 14th day of May, 1984. Attest: '1~/ Cl~rk-Treasurer (Published in the New Hope-Golden Valley Post the ~day of May, 1984.) ~ORDINANCE NO. 83-21 AN ORDINANCE AMENDING SECTION 4.124 OF THE CITY CODE PERTAINING TO CONDITIONAL USES IN THE B-3 DISTRICT BY ADDING SUBSECTION (8)' GOVERNING CONVENIENCE GAS/GROCERY/FOOD ESTABLISHMENTS City of New Hope, Minnesota The~City Council of the City of New Hope ordains: Section 1. Section 4.124 of the City Code, Listing of Conditional. Uses, Ss amended by the addition of the following subdivision (8): (8) Convenience Gas (No Vehicle Service or Repair), Grocery, and/or Food Operations, provided that: (a) The retail sales involve uses or activities which are al. lowed in a B-l,' B-2 or B-3 District. (b) Convenience/deli food is of the take-out type only and that no provision for seating or consumption on the premises is provided. Furthermore, that the enclosed area devoted to such activity, use and merchandise shall not exceed fifteen (15) percent of the gross floor area. (c) That any sale of food items is subject to the approval of the City Sanitarian who sh~ll p, ro~ide~ ~pecific written sanitary requirements on an individual basis for each proposed sale location. (d) That the non-automotive sales shall qualify for and be granted an annual food handling, retail sales license or other license, as circumstances shall requi.re, in addition to the permit for a special use under the zoning code. (e) That the area and location devoted to non- automobile merchandise sales shall be specified and any expansion of the space or change in location without an amendment to the permit shall constitute grounds for revocation of the permit, after a hearing before the City Council. Exterior sales shall be subject to a separate conditional use permit as regulated by Section 4.124(5) of this Code. (f) The hours of operation shall be limited to six (6) o'clock a.m. to twelve (12) o'clock p,m., unless extended by the City Council. (g) Motor fuel facilities are installed in accordance with state and city standards and have the approval of the State and City Fire Marshal. Additionally, that adequate space is provided to access gas pumps and allow through maneuverability around the pumps. .. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel.transports and unloading operations do not conflict with circu- lation, access and other activities on the site. (h) A protective canopy located over pump island may be allowed as an accessory structure on the property and may be'located twenty (20) feet or more from the front lot line, provided adequate visibility both on and off site is maintained. (il The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. All sides of the principal and accessory structures are to have essentially the same finish treatment. (j) The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject · to the approval of the City E~,g~inee~,,.~ (k) A minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. The City Council may exempt previously developed or previously platted property from this requirement provided that the site is capable of ade- quately handling all activities and required facilities. (1) Blank (m) A continuous and permanent concrete curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle areas, notwithstanding the provisions of 4.036(4) h (15). (n) The lighting shall be accomplished in such a way as to have no direct source of lightlvisible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 4.033.(5) of this Ordinance. (o) Wherever fuel pumps are to be instglled, pump islands shall be installed. (p) At the boundaries o£ the lot, a strip of not less than £ive (5) feet shall be landscaped and screened in compliance with Section 4.033.(4) of this Ordinance, notwithstanding the provi~±ons of 4.036(4) h (15). (q) Each lfght standard landscaped. (r) 'Parking or car magazine storage space shall be screened from view of abutting residential districts in com- pliance with Section 4.033.(4) of this Ordinance. (s) Vehicular access points shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the City Engineer. (t) Adequate off-street loading space shall be provided for semi-trailer truck transports which does not conflict with internal or external site circulation. Compliance with Section 4.037 is required. (u) The number of 'parking stalls shall be determined according to the standards imposed upon retail and service estab- lishments and be in compliance with Section 4.036.(10)(p) of this Ordinance, plus other provisions as may be applicable. (v) An internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles. (w) All signing and informational or vis.ual communication devices shall be minimized an~§'h'~)~!'¥'5e in compliance with Section 4.038 of this Ordinance. A signing plan shall be submitted and shall be processed in conjunction with the application for conditional use permit. (x) Provisions as determined as necessary by the City Council are made to control and reduce noise. (y) No outside storage except as allowed in compliance with Section 4.124(4) of this Ordinance. An enclosed screened area is to be provided for rubbish and dumpsters. (z) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. (aa) The provisions of Section 4.201.(5) of this Ordinance are considered and satisfactorily met. 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 this 25th day of July, 1983. ,-///~' Mayor Attest: ~ Cl rk-Treasu rer ORDINANCE NO. 83-22 AN ORDINANCE AMENDING THE CITY CODE BY REZONING THE SOUTHWEST CORNER OF 36TH AND HILLSBORO AVENUES NORTH FROM R-3 to R-O The City Council of the City of New Hope ordains: Section 1. Section 4.27(18) of the City Code, Extent of R-3 Medium Density District which reads "(18) Lots 17 through 18, Block 1, New Hope Highland Hills 2nd Addition" is hereby deleted. Section 2. The following Section 4.29(16), Extent of R.O. Residential- Office District is hereby added to the City Code: (16) Lots i through 8, Block 1, New Hope Highlands 3d Addition. Section 3. Effective Date. This ordinance shall be effective upon its passage and publication. Dated the day of , 1983. ayo ~~urer (Published in the New Hope-Plymouth Post the day of , 1983.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN Richard Germundsen, being duly sworn, o~ 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 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 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 sole 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 printed ............... f .... .~.~....~., ...... ~ .<~...~....%~.. ~ ......................... 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...~...~?...~day of...0.. ~.. 19..°~....<~end 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 ~-~ i/ -~.-..._.~__ meth,s ..... .................................................... (NOTARIAL SEAL) Notary Public ............................... County, N~innesota AAy Commission Expires .............................. 19 ...... ORDINANCE NO. 83-23 AN ORDINANCE AMENDING CHAPTER 9.300 OF THE CITY CODE PERTAINING TO CITY LICENSE AND PERMIT FEES AND REPEALING CERTAIN WORKER'S COMPENSATION COVERAGE REQUIREMENTS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. General Decrease in Fees and Charges. Section 16 of Ordinance 82-19 is hereby repealed, and all license fees in effect prior to the enactment of the said Section 16 of Ordinance 82-19 are hereby reinstated, except as amended by Ordinance 83-14 as to Section 9.302, Subdivision 2, Zoning, Subdivision and Platting Fees, and as amended by Ordinance 83-13 as to 9.304, Subd. 6, Discharge of Percolating Waters Permit. Section 2. Section 9.310, Workers Compensation Coverage Requirements is hereby repealed in its entirety. Section 3. This ordinance shall be effective November 1, 1983. Dated the 26th day of September, 1983. //Edwa~d~g~]~ickson, Mayor Attest: ~~ rBe~ty~i,yo~l'ot, City Clerk-Treasurer NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNE-~OTA ~ COUNTY OF HENNEPIN 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 900 square inches. (2) Said newspaper is a weekly end is distributed at least once each week. (3) Said newspaper has 50 perce~t 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 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 before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed...~./~.~-~-c~.....~../~..-.....?...?...~. .... . .~... ~'.. ~~..~*-,,-~ the English .angua~ ~nce each week, for...~., successive weeks; that it wes first so published on . .?'~X,~,~ the../..~ .~day o~. ~ . . . 19...~...~and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that fha 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 this.../..'~/, i~ ........ day of..~.. _~.. A.D., 19..°~,...~'- (NOTARIAL SEAL) Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 83-24 AN ORDINANCE AMENDING SECTIONS 3.21 AND 3.22 OF THE CITY CODE BY ADOPTING THE 1982 MINNESOTA STATE BUILDING CODE AND APPROVING PUBLICATION BY SUMMARY The Council of the City of New Hope, Minnesota ordains: Section 1. Section 3.21 of the City Code, "Building Code", is amended to read: 3.21 1982 STATE BUILDING CODE ADOPTED. The Minnesota State Building Code identified as SBC, which became effective March 1, 1983 is hereby adopted by reference as the Building Code of the City. 3.211 Historical Summary. The SBC which became effective September 1, 1980 adopted the 1979 Uniform Building Code (UBC) with amendments. The 1982 UBC was amended and adopted by 2 MCAR Section 1.10103, 1.10104, 1.10107, 1.10109, and 1.10112 as published in the State Register on November 22, 1982 and February 21, 1983, and the 1982 UBC, as amended, became effective as the SBC on March 1, 1983. 3.212 Adopted Code and Rules on File. One copy of the 1982 UBC and one copy of the Adopted Rules Governing Amendments to the State Building Code, effective as of March 1, 1983, each marked as the Official Copy are filed for use and examination by the the public in the office of the City Clerk as provided by Minnesota Statutes 471.62. 3.213 Appendices Excepted. As provided in 2 MCAR Section 1.10104, Appendices of the UBC do not apply unless they have been specifically adopted. Section 2. Section 3.22 "Additional Provisions" of the City Code is hereby amended to read as follows: 3.22 ADDITIONAL PROVISIONS. 3.221 Codes Adopted By Reference. The 1982 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: (1) 1982 Edition of the Uniform Building Code, identified as "UBC"; (2) 1981 Edition of the National Electric Code, identified as "NEC"; (3) 1978 American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, identified as ANSI Al7.1 - 1978 and Supplement, ANSI A17.1a 1979. (4) 1979 Minnesota Plumbing Code, identified as MIID 120 through MHD 135. (5) "Flood Proofing Regulations", June 1971, Office of the Chief of Engineers, U.S. Army. (6) Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code, identified as SBC 7101 through SBC 8505. (7) "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 2 MCAR Section 1.16001 through 2 MCAR Section 1.16006. (8) State of Minnesota Mobile Home Installation Standards 1982, identified as 2 MCAR 1.90100 through 1.90906. (9) "Standards of Performance for Solar Energy Systems and Subsystems Applied to Energy Need of Buildings," 1977 Edition, identified as 2 MCAR 1.16101 through 1.16108. 3.222 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: (1) Technical Requirements for Fallout Shelters, identified as SBC appendix "A". (2) Variations in Snow Loads, identified as SBC, Appendix "B". (3) 1982 Uniform Building Code Appendix Chapter 35. (4) Minnesota Plumbing Code Appendix "B". 3.223 Optional Provisions of SBC Made Mandatory 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: (1) Minnesota State Building Code Appendix "C". Abbreviations and addresses of Technical Organizations. (2) 1982 UBC Appendix, Chapters 7 (Covered Mall Buildings), 55, (Membrane Structures), 70, (Excavating and Grading). Section 3. Effective Date. This ordinance shall be in effect after its passage and publication. Dated the ~ day of ~7~/~ , 1983. Attest: ~~~~ ~- reasurer SUMMARY OF ORDINANCE NO. 83-24 AN ORDINANCE AMENDING SECTIONS 3.21 AND 3.22 OF THE CITY CODE BY ADOPTING THE 1982 MINNESOTA STATE BUILDING CODE AND APPROVING PUBLICATION BY SUMMARY City of New Hope, Minnesota On the 27th day of December, 1983, the Council of the City of New Hope enacted Ordinance No. 83-24. Section 1. Summary of Text. New Hope Ordinance 83-24 updates the City Code by adopting the State Building Code. Section 2. Notice. A copy of the entire text of the ordinance is available at the reception counter of the City Hall, 4401 Xylon Avenue North in the City of New Hope and will remain there until at least July 9, 1984. A printed copy of the ordinance is also available for inspection or purchase by any person during regular office hours of the office of the City Clerk at the same address. Section 3. Effective Date. Ordinance 83-24 shall be effective upon the passage and publication of this Summary. Dated the 27th day of December, 1983. (Published in the New Hope-Golden Valley Post the 7th day of June, 1984.) RESOLUTION AMENDING THE CITY CODE BY ADOPTING ORDINANCE 83-24 "AN ORDINANCE AMENDING SECTIONS 3.21 AND 3.22 OF THE CITY CODE BY ADOPTING THE 1982 STATE BUILDING CODE" AND APPROVING PUBLICATION BY SUMMARY City of New Hope, Minnesota BE IT RESOLVED, by the City Council of the City of New Hope, Minnesota: 1. The City Code is hereby amended by the adoption of Ordinance 83-24 entitled "An Ordinance Amending Sections 3.21 and 3.22 of the City Code by Adopting the 1982 State Building Code". 2. This Council has reviewed the text of the above-described ordinance, attached hereto and incorporated herein by this reference, and determines that publication of the title and the attached summary of the ordinance, would clearly inform the public of the intent and effect of the ordinance. 3. The City Clerk-Treasurer is directed to publish only the attached summary of said ordinance, and to make a printed copy of the entire text of the ordinance available for inspection by any person during regular office hours at the office of the City Clerk, and to post a complete copy of the said ordinance on the bulletin board in the lobby of the City Hal], for a period of not less than 30 days. 4. This resolution shall be effective upon its passage by 4/5 of all of the members of the Council, as provided in M.S. § 412.191, Subd. 4. Dated the 27th day of December, 1983. · - ~/ ~ Mayor Attest: ~~ ~ Cl~rk Treasurer NEW HOPE - GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION Code STATE OF MINNESOTA COUNTY OF HENNEPIN Richard Germundse~, being duly sworn, on oath says he is and during all times herein stated has been the Vice-President of The Pest Publishing CO., publisher and printer of the newspaper known as NEW HOPE - GOLDEN VAI.I.i~.Y 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 anti does not wholly duplicate any other publication and is not made up e~tirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least SiX) 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 NEW HOPE - GOLDEN VALLF. y POST 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 cenditions 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 nowspapar. He further states on oath that the printed .... ~~...~ ..... ~ ............ .................................................... hereto attached es e 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....~.....~, ay of ....... 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--5~/2 pt. Sans Subscribed and sworn to before me this.....~.. ~ .......... day of..(~~ ...... A.D., 19. ?..4/. .............................................. (NOTARIAL SEAL) Notary Public ........................ ...... County, Minnesota My Commission Expires .............................. 19 ...... RESOLUTION ADOPTING ORDINANCE 83-25 AND APPROVING PUBLICATION BY SUMMARY, "AN ORDINANCE CODIFYING CHAPTERS i AND 2 OF THE CITY' CODE RELATING TO GOVERNI~{ENT AND GOVERNMENTAL UNITS, AND READOPTING THE CODIFICATION OF CHAPTER 10 RELATING TO REGULATION OF INTOXICATING LIQUORS AND NON-INTOXICATING MALT LIQUORS" Ci~~ of New Hope, Minnesota BE IT RESOLVED, by the City Council of the City of New Hope, Minnesota: 1. Ordinance 83-25 entitled "AN ORDINANCE CODIFYING CHAPTERS 1 AND 2 OF THE CITY CODE RELATING TO GOVERNMENT AND GOVERNMENTAL UNITS, AND READOPTING THE CODIFICATION OF CHAPTER 10 RELATING TO REGULATION OF INTOXICATING LIQUORS AND NON-INTOXICATING MALT LIQUORS" is hereby adopted. 2. This Council has reviewed the text of the above-described ordinance, attached hereto and incorporated herein by this reference, and determines that publication of the title and the attached summary of the ordinance, would clearly inform the public of the intent and effect of the ordinance. 3. The City Clerk-Treasurer is directed to publish only the attached summary of said ordinance, and to make a printed copy of the entire text of the ordinance available for inspection by any person during regular office hours at the office of the City Clerk, and to post a complete copy of the said ordinance on the bulletin board in the lobby of the City Hall, for a period of not less than 30 days. 4. This resolution shall be effective upon its passage by 4/5 of all of the members of the Council, as provided in M.S. § 412.191, Subd. 4. Dated the 27th day of December, 1983. May°r Attest: ~ (~erk-Treasurer ORDINANCE NO. 83-25 AN ORDINANCE CODIFYING CHAPTERS I AND 2 OF THE CITY CODE RELATING TO GOVERNMENT AND GOVERNMENTAL UNITS, AND READOPTING THE CODIFICATION OF CHAPTER 10 RELATING TO REGULATION OF INTOXICATING LIQUORS AND NON-INTOXICATING MALT LIQUORS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Codification of Chapters I and 2 Adopted. Chapters i and 2 of the New Hope Code, as amended to this date, and attached hereto in pamphlet form and incorporated by this reference, are hereby adopted as the codified laws of the City as to these two Chapters, entitled MISCELLANEOUS, and RULES OF ORGANIZATION AND PROCEDURE OF THE COUNCIL, respectively. Section 2. Codification of Chapter 10 Re-Adopted. The codification of Chapter 10 of the City Code, entitled REGULATION OF THE SALE AND CONSUMPTION OF INTOXICATING LIQUORS AND NON-INTOXICATING MALT LIQUORS as adopted on July 25, 1983, and published in the New Hope Plymouth Post the official newspaper of the City on the 4th day of August is re-adopted as the act of this Council, and the said codified Chapter 10 in pamphlet form, and incorporated herein by this reference, is the codified law of the City as of the effective date of this ordinance. Section 3. Prima Facie Evidence. The codification of Chapters 1, 2 and 10 shall be prima facie evidence of the law of the City, and shall thereupon be received in evidence by the courts, as provided in l~{innesota Statutes 415.02. Section 4. Copies Available. Copies of the codification of Chapters 1, 2 and 10 are available at the office of the City Clerk, as provided in Minnesota Statutes § 415. 021. Section 5. Code In Lieu of Ordinance and Prior Code. This codification supersedes the existing code and all ordinances included or modified in this new codification of Chapters 1, 2, and 10. Section 6. Publication and Effective Date. This ordinance or its official summary, shall be published in the New Hope-Plymouth Post, the official newspaper of the City for two successive weeks by the City Clerk, and shall be effective upon the completion of the said two weeks' published notice. Dated the 27th day of December, 1983. < Attest: Cle~k-Treasurer (Published in the New Hope-Plymouth Post the 5th and 12th days of January, 1984.) SUMMARY OF ORDINANCE NO. 83-25 "AN ORDINANCE CODIFYING CHAPTERS 1 AND 2 OF THE CITY CODE RELATING TO GOVERNMENT AND GOVERNMENTAL UNITS, AND READOPTING THE CODIFICATION OF CHAPTER 10 RELATING TO REGULATION OF INTOXICATING LIQUORS AND NON-INTOXICATING MALT LIQUORS" City of ~New Hope, Minnesota On the 27th day of December, 1983, the Council of the City of New 'Hope enacted Ordinance No. 83-25, entitled "AN ORDINANCE CODIFYING CHAPTERS i AND 2 OF THE CITY CODE RELATING TO GOVERNMENT AND GOVERNMENTAL UNITS, AND READOPTING THE CODIFICATION OF CHAPTER 10 RELATING TO REGULATION OF INTOXICATING LIQUORS AND NON-INTOXICATING MALT LIQUORS". Section 1. Summary of Text. New Hope Ordinance 83-25 codifies existing Chapters 1, 2 and 10 of the City Code, Government and Governmental Units, as amended to December 27, 1983. (a) Chapter 1 includes Definitions, Rules of Construction and Penalty Provisions for the City Code. (b) Chapter 2 includes Rules for Organization and Procedure of the City Council, Elections, Personnel, Civil Service, and all of the City Commissions. (c) Chapter 10 regulates the licensing, sale and consumption of intoxicating liquors and non-intoxicating malt liquors in the City. Section 2. Notice. A copy of the entire text of the ordinance is available at the reception counter of the City Hall, 4401 Xylon Avenue North in the City of New Hope and will remain there until at least February 15, 1984. A printed copy of the ordinance is also available for inspection or purchase by any person during regular office hours of the office of the City Clerk at the same address. Section 3. Effective Date. The codification of Chapters 1, 2 and 10 of the City Code by Ordinance 83-25 will be effective upon the second publication of this summary ordinance. Dated: December 27, 1983 · (Published in the New Hope-Plymouth Post the 5th and 12th days of January, 1084.) CITY CODE CITY OF NEW HOPE CHAPTER 1 MISCELLANEOUS PROVISIONS This codified Chapter I of the New Hope, Minnesota City Code was approved by the City Council on the 27th day of December, 1983, and published in the official newspaper of the City in summary form, and became effective on January 12, 1984. Daniel J. ~DonahUe, City Manager Attest: . Be-t~j,~,,.i~ullot, C~ty Clerk-Treasurer 011284 CHAPTER 1 TABLE OF CONTENTS 1.00 MISCELLANEOUS PROVISIONS ................... 1-1 1.01 DEFINITIONS ................... 1-1 Subd. 1. Officials ................... 1-1 Subd. 2. Council ................... 1-1 Subd. 3. Police and Fire ................... 1-1 Subd. 4. State ................... 1-1 Subd. 5. County ................... 1-1 Subd. 6. Street ................... 1-1 Subd. 7. Sidewalk or Boulevard ................. 1-1 Subd. 8. Code ................... 1-1 Subd. 9. Published Notice ................... 1-1 1.20 RULES OF CONSTRUCTION ................... 1-2 1.22 GENERAL ................... 1-2 Subd. 1. Singular and Plural .................. 1-2 Subd. 2. Masculine and feminine ................ 1-2 Subd. 3. Past, present and future ................ 1-2 1.23 PERSON ................... 1-2 1.24 HEADINGS ................... 1-2 1.25 COMPUTATION OF TIME ................... 1-2 1.26 MINNESOTA RULES OF CONSTRUCTION ............... 1-2 1.27 REPEAL ................... 1-2 1.28 SEPARABILITY CLAUSE ................... 1-2 1.29 SHALL ................... 1-3 1.30 TIMELY DELIVERY OR MAILING .................. 1-3 1.40 PENALTY PROVISION ................... 1-3 Subd. 1. Misdemeanor ................... 1-3 Subd. 2. Petty Misdemeanor ................... 1-3 1.41 SEPARATE VIOLATIONS ................... 1-3 011284 1.00/1.01 1.00 MISCELLANEOUS PROVISIONS 1.01 DEFINITIONS. In all ordinances and sections thereof contained in the New Hope City Code or hereafter adopted, the following terms shall be construed as herein set forth unless specifically otherwise stated. Subd. i . Officials. "Mayor", "Clerk-Treasurer", "City Engineer", "City Manager", "City Attorney", "Health Officer", "Building Inspector" shall mean such officials of the City of New Hope. Any other references to public officials, unless otherwise specifically indicated shall mean the appropriate official of the City of New Hope. Subd. 2. Council. "Council" shall mean the City Council of the City of New Hope. Subd. 3. Police and Fire. "Police Department", "Director of Police", "Fire Department", "Fire Chief" shall mean Police Department of the City of New Hope, Director of Police of the Police Department of the City of New Hope, Chief of the Fire Department of the City of New Hope, respectively. Subd. 4. State. "State" shall mean State of ~.~innesota. Subd. 5. County. "County" shall mean County of Hennepin. Subd. 6. Street. "Street" shall mean any public way, highway, street, avenue or other public thoroughfare, whether dedicated or established by user. Subd. 7. Sidewalk or Boulevard. "Sidewalk" or "Boulevard" shall mean that portion of the street between the curbing and adjacent property line. Subd. 8. Code. "Code" shall mean Code of Ordinances of the City of New Hope or New Hope City Code. Subd. 9. Published Notice. "Published Notice" shall mean notice published in the official newspaper designated each year by Council resolution. 011284 - 1.20/1.21/1.22/1.23/1.24/1.25/1.26/ 1.27/1.28 1.20 RULES OF CONSTRUCTION. 1.21 GENERAL. All words and phrases in this code are used and shall be construed in their plain, ordinary and usual sense, but technical words and phrases and such others as may have acquired a particular, peculiar and appropriate meaning in the law shall be construed and understood according to such particular, peculiar and appropriate meaning. 1.22 NUMBER, GENDER AND TENSE. Subd. 1. Singular and plural. The use of either singular or plural number includes the other number. Subd. 2. Masculine and feminine. The use of either masculine, feminine or neuter gender includes the other genders. Subd. 3. Past, present and future. The use of either past, present or future tense includes the other tenses. 1.23 PERSON . The use of the word persons shall extend and be applied to firms, corporations, all forms of partnerships, voluntary associations, firms, trusts, estates, joint ventures and associations and any other legal entity and the singular shall include the plural. 1.24 HEADINGS. The headings of the sections are intended to indicate the contents of the section and shall not be construed as part of the section. 1.25 COMPUTATION OF TIME. Where the performance or doing of any act, duty, matter, payment, or thing is ordered or directed, and the period of time or duration for the performance or doing thereof is prescribed and fixed by law, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the computation. 1.26 MINNESOTA RULES OF CONSTRUCTION. Unless clearly in conflict with the provisions of this Code, or otherwise clearly inapplicable, the Rules of Construction established for the State of Minnesota by statute or case law shall apply to the construction of this Code. 1.27 REPEAL. Whenever a provision of this Code is repealed, and that section has repealed a prior provision, such prior provisions shall not be revived unless the intent to so revive is clearly stated therein. 1.28 SEPARABILITY CLAUSE. If any part, sentence, provision or clause of the New Hope City Code shall be adjudged invalid, void or no effect, for any reason whatever, such invalidity or suspension shall not effect the validity of any of the remaining portions of any section or ordinance of the New Hope City Code, it being in this enactment that each part, sentence and clause shall be deemed separable. 1-2 011284 1.29/1.30/1.40/1.41 1.29 SHALL. The word "shall" whenever used in these Ordinances is mandatory and not merely directory. 1.30 TIIV~LY DELIVERY OR MAILING. When an application, payment, return, claim, statement or other document is to be delivered to or filed with a department, agency or instrumentality of this City on or before a prescribed date and the prescribed date falls on a Saturday, Sunday or legal holiday, it is timely delivered or 51ed if it is delivered or ~led on the next succeeding day which is not a Saturday, Sunday or legal holiday. 1.40 PENALTY PROVISION. 1.41 FINE AND IMPRISONMENT. Subd. 1. Misdemeanor. Any person violating any of the provisions of City Code of New Hope shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Seven Hundred Dollars ($700), or by imprisonment for not to exceed 90 days, or both; provided however, that if a different punishment be prescribed for violation of a specific portion of this Code; such provisions shall govern the punishment for such violations. Subd. 2. Petty Misdemeanor. Specific mention of a violation of any of the provisions of this Code as being a petty misdemeanor, ~_~ shall mean that, upon conviction, the sentence of a fine of not more than One Hundred Dollars ($100) may be imposed. In absence of the designation of petty misdemeanor in connection with any violation, such violation shall be a misdemeanor as set forth in Subd. i of this section. 1.41 SEPARATE VIOLATIONS. Each separate violation of the Code is a separate offense; and the continued violation by a person of any one same offense with knowledge thereof, is a separate offense for each day of such continued violation, unless otherwise specifically stated. 1- 3 011284 CITY CODE CITY OF NEW HOPE CHAPTER 2 RULES FOR ORGANIZATION AND PROCEDURE OF THE COUNCIL This codified Chapter 2 of the New Hope, Minnesota City Code was approved by the City Council on the 27th day of December, 1983, and published in the official newspaper of the City in summary form, and became effective on January 12, 1984. Daniel J. Donahue, City Manager Attest: Betty Pouliot, City Clerk-Treasurer 011284 CHAPTER 2 TABLE OF CONTENTS 2.00 RULES FOR ORGANIZATION AND PROCEDURE OF THE COUNCIL 2-1 2.01 MEETINGS .................. 2-1 Subd. 1. Blank .................. 2-1 Subd. 2. Special t~eetings .................. 2-1 Subd. 3. Initial Annual ~1leeting .................. 2-1 Subd. 4. Open Meetings .................. 2-1 2.02 PRESIDING OFFICER .................. 2-2 Subd. 1. Mayor or Substitute .................. 2-2 Subd. 2. Orderly Procedure .................. 2-2 Subd. 3. Parliamentary Appeal .................. 2-2 Subd. 4. Participation By Presiding Officer ............. 2-2 2.03 MINUTES .................. 2-2 Subd. 1. Scope and Recording of Minutes .............. 2-2 Subd. 2. Approval of Minutes .................. 2-3 2.04 ORDER OF BUSINESS .................. 2-3 Subd. 1. Schedule of Proceedings .................. 2-3 Subd. 2. Schedule Variation .................. 2-3 Subd. 3. Agenda Items .................. 2-3 2.05 QUORUM AND VOTING .................. 2-3 Subd. 1. Quorum Number .................. 2-3 Subd. 2. Recording of Votes .................. 2-4 Subd. 3. Votes for Passage .................. 2-4 2.06 ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS, AND COMMUNICATIONS ................... 2-4 Subd. 1. Writing required, when .................. 2-4 Subd. 2. Filing of Ordinances and Resolutions ............ 2-4 Subd. 3. Repeal of Ordinances and Resolutions ........... 2-4 2.07 COMMITTEES .................. 2-4 Subd. 1. Creation of Committees .................. 2-4 Subd. 2. Committee Chairpersons .................. 2-4 Subd. 3. Committee Reports .................. 2-5 - i - 011284 2.08 SUSPENSION OR AMENDMENT OF THE RULES ............. 2-5 2.09 BLANK .................. 2-5 2.10 ELECTIONS .................. 2-5 2.11 DATE .................. 2-5 2.12 REGISTRATION .................. 2-5 Subd. 1. Adoption of Registration System .............. 2-5 Subd. 2. Voters must be registered ............... 2-5 2.13 ABSENTEE BALLOT COUNTING BOARD ................ 2-5 2.14 ABSENTEE BALLOT COUNTING BOARD ESTABLISHED .......... 2-5 2.15 DUTIES OF ABSENTEE BALLOT COUNTING BOARD ......... 2-5 Subd. 1. Examination of Return Envelopes .......... 2-5 Subd. 2. Notation of Voting Record ............... 2-6 Subd. 3. Placement in Container .................. 2-6 Subd. 4. Opening and Counting Ballots ............... 2-6 Subd. 5. Spoiled Ballots .................. 2-7 2.16 APPOINTMENT OF ELECTION JUDGES .................. 2-7 2.17 COMPENSATION OF ELECTION JUDGES ............... 2-7 2.18 BLANK .................. 2-7 2.19 BLANK .................. 2-7 2.20 PERSONNEL .................. 2-7 2.21 MAYOR AND COUNCILMEMBERS SALARIES ............... 2-7 2.22 CLERK-TREASURER .................. 2-7 Subd. 1. Combination of ©ffices .................. 2-7 Subd. 2. Audit .................. 2- 7 2.230 BUILDING OFFICIAL .................. 2-8 2.231 APPOINTMENT AND QUALIFICATIONS .................. 2-8 2.232 DUTIES .................. 2-8 2.233 BOND AND COMPENSATION .................. 2-8 - ii - 011284 2.30 CIVIL SERVICE .................. 2-8~-~ 2.40 PLANNING COMMISSION .................. 2-8 2.41 ESTABLISHMENT .................. 2-8 2.42 COMPOSITION .................. 2-8 Subd. 1. Number .................. 2-8 Subd. 2. Term .................. 2-8 Subd. 3. Councilman May Be Tenth Member ............ 2-8 2.43 PURPOSE, AUTHORITY AND DUTIES .................. 2-9 2.44 ORGANIZATION .................. 2-9 2.45 MEETINGS .................. 2-9 2.46 MINUTES .................. 2-9 2.60 CIVIL DEFENSE .................. 2-9 2. 610 PURPOSE .................. 2-9 Subd. 1. Civil Defense Agency .................. 2-9 Subd. 2. Exercise of Powers .................. 2-10 Subd. 3. Mutual Aid and Cooperation ............... 2-10 2.62 DEFINITIONS .................. 2-10 Subd. 1. Civil Defense .................. 2-10 Subd. 2. Civil Defense Emergency .................. 2-10 Subd. 3. Civil Defense Forces .................. 2-10 2.63 CIVIL DEFENSE AGENCY .................. 2-11 Subd. 1. Creation .................. 2-11 Subd. 2. Appointment of Director of Civil Defense ......... 2-11 Subd. 3. Civil Defense Board - Declaration of Emergency ...... 2-11 2.64 DUTIES OF DIRECTORS OF CIVIL DEFENSE ............... 2-11 Subd. 1. City Civil Defense Representative ............ 2-11 Subd. 2. Studies and Surveys .................. 2-12 Subd. 3. Civil'-Defense Plan .................. 2-12 Subd. 4. Personnel .................. 2-1~-~ Subd. 5. Training Programs .................. 2-1. - iii - 011284 Subd. 6. Facilities .................. 2-13 Subd. 7. Orders of the Governor .................. 2-13 Subd. 8. Civil Defense Emergency ............... 2-13 2.65 POLITICAL ACTIVITY AND SUBVERSION ............... 2-13 2.66 CIVIL DEFENSE VOLUNTEERS .................. 2-13 2.67 GOVERNMENTAL Ii~VIUNITY .................. 2-14 2.68 COOPERATION WITH FEDERAL AND STATE AUTHORITIES ........ 2-14 2.70 VOLUNTEER FIRE DEPARTMENT AND FIRE PREVENTION ......... 2-14 2.71 COMPOSITION .................. 2-14 2.72 ELECTION OF OFFICERS .................. 2-14 2.73 FIRE PREVENTION .................. 2-15 2.74 FIRE CHIEF .................. 2-15 2.75 RECORDS .................. 2-15 2.76 VOLUNTEER FIREFIGHTERS .................. 2-15 Subd. 1. Qualifications .................. 2-15 Subd. 2. Loss of l~{embership .................. 2-16 Subd. 3. Compensation .................. 2-16 Subd. 4. Relief Association .................. 2-16 2.77 TRAINING DRILLS .................. 2-16 2.78 INTERFERENCE WITH DEPARTMENT .................. 2-16 2.80 BLANK .................. 2-16 2.90 BLANK .................. 2-16 2.110 HUMAN SERVICE CO1VII~{ISSION .................. 2-16 2.111 POLICY OF CITY OF NEW HOPE .................. 2-16 2. 112 HUI~IAN SERVICE COMMISSION ESTABLISHED .............. 2-16 2. 113 PURPOSE .................. 2-17 2.114 MEMBERSHIP AND TERMS .................. 2-17 -iv- 011284 2. 115 MEETINGS .................. 2-17 2.116 POWERS AND DUTIES .................. 2-17 Subd. 1 ................... 2-17 Subd. 2 ................... 2-17 Subd. 3 ................. 2-17 Subd. 4 ................... 2-17 Subd. 5 ................... 2-17 2.117 VACANCIES AND REMOVAL FROM OFFICE ............... 2-18 Subd. 1. Vacancies .................. 2-18 Subd. 2. Removal From Office .................. 2-18 2.118 COMPENSATION .................. 2-18 2.510 TRAFFIC CONTROL AND SAFETY COMMISSION ............ 2-18 2.511 ESTABLISHMENT AND PURPOSE .................. 2-18 2. 512 MEMBERSHIP .......... ~ ........ 2-18 Subd. 1. Number .................. 2-18~,~ Subd. 2. Terms .................. 2-11 2.513 ORGANIZATION AND MEETINGS .................. 2-19 Subd. 1. Adoption of Rules .................. 2-19 Subd. 2. Offices .................. 2-19 Subd. 3. Meetings .................. 2-19 (a) .................. 2-19 (b) Special ~,{eetings .................. 2-19 (c) Open I~ieetin gs .................. 2-19 2.514 VACANCIES AND REMOVAL OF MEMBERS ............... 2-20 Subd. 1. Vacancies .................. 2-20 Subd. 2. Removal from Office .................. 2-20 2. 515 COMPENSATION .................. 2-20 2. 516 POWERS AND DUTIES .................. 2-20 Subd. 1. Response to Requests For Traffic Control Devices ...... 2-20 Subd. 2. Collect Data on Impact of Traffic Control Device ...... 2-20 Subd. 3. Review and Recommend City Traffic Plans ......... 2-2~~' Subd. 4. Public Information Programs ............... 2-20 Subd. 5. Annual Report .................. 2-21 - v - 011284 2.610 THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MINNESOTA ................. 2-21 2.611 PURPOSE .................. 2-21 2.612 SHORT TITLE .................. 2-21 2.613 COMPOSITION AND TERI~,!S .................. 2-21 Subd. 1. Length of Term .................. 2-21 Subd. 2. Termination of Term .................. 2-21 2. 614 COIV~PENSATION .................. 2-21 2.615 STATUTORY PROVISIONS .................. 2-22 2.700 NEW HOPE CITIZEN ADVISORY COMMISSION. .............. 2-22 2. 701 PURPOSE .................. 2-22 2.702 ESTABLISHMENT .................. 2-22 2.703 TERMS OF OFFICE, MEMBERSHIP AND COMPOSITION ......... 2-22 2.704 ORG~2qIZATION AND I~,~EETINGS .................. 2-22 Subd. I. Rules Governing .................. 2-22 Subd. 2. Meetings .................. 2-22 (a) Regular Meetings .................. 2-22 (b) Special Meetings .................. 2-23 2.705 VACANCIES AND REMOVAL OF MEMBERS ............... 2-23 Subd. 1. Vacancies .................. 2-23 Subd. 2. Removal from Office .................. 2-23 (a) By the Commission .................. 2-23 (b) By the Council .................. 2-23 2.706 ANNUAL REPORT .................. 2-23 2. 707 TASK GROUPS .................. 2-23 2.708 CITY OFFICIALS TO COOPERATE .................. 2-23 2.800 NEW HOPE CHEMICAL HEALTH AWARENESS COMaMISSION ...... 2-24 2. 801 ESTABLISHMENT .................. 2-24 -vi- 011284 2.802 PURPOSE AND GOALS OF THE COMMISSION ......... 2-24_~, Subd. 1. Drug and Alcohol Regulation Recommendations ...... 2-24 Subd. 2. Liquor Dispensary Guideline Recommendations ...... 2-24 Subd. 3. Chemical Abuse Recommendations ............ 2-24 2. 803 MEMBERSHIP .................. 2-24 2. 804 ORGANIZATION AND MEETINGS .................. 2-24 Subd. 1. Adoption of Rules .................. 2-24 Subd. 2. Meetings .................. 2-24 (a) Regular Meetings .................. 2-24 (b) Open Meetings .................. 2-25 (c) Minutes of l~leetings .................. 2-25 2.805 VACANCIES AND REMOVAL FROM OFFICE ............... 2-25 Subd. 1. Vacancies .................. 2-25 Subd. 2. Removal From Office .................. 2-25 2. 806 COI~{PENSATION .................. 2-25 2. 807 POWERS AND DUTIES .................. 2-25.-~. Subd. 1. Advise Council .................. 2-25 Subd. 2. Coordinating Entity .................. 2-25 2. 900 REPEALED .................. 2-26 -vii - . 2.00 RULES FOR ORGANIZATION AND PROCEDURE OF THE COUNCIL 2.01 MEETINGS. Subd. 1. BLANK. Subd. 2. Special Meetings. Special meetings of the council may be called by the mayor or by any two members of the council by writing filed with the clerk-treasurer. At least one day before the meeting the clerk-treasurer shall notify each member of the time, place and purpose of the meeting by causing written notice thereof to be delivered to him personally if he can be found, or, if he cannot be found, by leaving a copy at the home of the member with some person of suitable age and discretion. Special meetings may be held without prior written notice when all council members are present at the meeting or consent thereto in writing. Such consent shall be filed with the clerk- treasurer prior to the beginning of the meeting. Any special meeting attended by all the council members shall be a valid meeting for the transaction of any business that may come before the meeting. Subd. 3. Initial Annual I~eeting. At the first regular council meeting in January of each year the council shall (1) designate the depositories of city funds; (2) designate the official newspaper; (3) choose an acting mayor from the council members, who shall perform the duties of the mayor during the disability or absence of the mayor from the city, or, in case of a vacancy in the office of mayor, until a successor has been appointed and qualifies; (4) appoint such officers and employees and such members of boards, commissions, and committees as may be necessary. Subd. 4. Open Meetings. Ail council meetings, including special and adjourned meetings, shall be open to the public. 2 - i 011284 2.02/2.03 2.02 PRESIDING OFFICER. Subd. 1. MaYor or Substitute. The mayor shall preside at all meetings of the council. In the absence of the mayor, the acting mayor shall preside. In the absence of both, the Clerk-Treaurer shall call the meeting to order and shall preside until the council members present at the meeting choose one of their number to act temporarily as presiding officer. Subd. 2. Orderly Procedure. The presiding officer shall preserve order, enforce the rules of procedure herein prescribed, and determine with debate, subject to the final decision of the council on appeal, all questions of procedure and order. Except as otherwise provided by statute or by these rules, the proceedings of the council shall be con- ducted in accordance with "Robert's Rules of ©rder Revised." Subd. 3. Parliamentary Appeal. Any member may appeal to the council from a ruling of the presiding officer. If the appeal is seconded, the member may speak once solely on the question involved and the presiding officer may explain his ruling, but no other council member shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present exclusive of the presiding officer. Subd. 4. Participation By Presiding Officer. The mayor or such other member of the council as may be presiding may move, second, and debate from the chair. The presiding officer shall not be deprived of any of the privileges of a council member by reason of his acting as the presiding officer. 2.03 MINUTES. Subd. 1. Scope and Recording of I~{inutes. Minutes of each council meeting shall be kept by the clerk-treasurer, or, in his absence, by his deputy. In the absence of both, the presiding officer shall appoint a secretary pro rem. Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in other permanent records of the clerk-treasurer and can be accurately identified from the description given in the minutes. 2-2 011284 2.04/2.05 Subd. 2. Approval of Minutes. The minutes of each meeting shall be reduced to typewritten form, shall be signed by the clerk- treasurer, and copies thereof shall be delivered to each council member as soon as practicable after the meeting. At the next regular council meeting following such delivery, approval of the minutes shall be considered by the council. The minutes need not be read aloud, but the presiding officer shall call for any additions or corrections. If there is no objection to a proposed addition or correction, it may be made without a vote of the council. If there is an objection, the council shall vote upon the addition or correction. If there are no additions or corrections, the minutes shall stand approved. 2.04 ORDER OF BUSINESS. Subd. 1. Schedule of Proceedings. Each meeting of the council shall convene at the time and place appointed therefor. Council business shall be conducted in the following order: (a) Call to order; (g) Reports of officers, boards, (b) Roll call; and committees; (c) Approval of minutes; (h) Unfinished business; (d) Public hearings; (i) New business; (e) Petitions, requests and (j) Comments and suggestions from communications; citizens present; (f) Ordinances and (k) Miscellaneous; resolutions; (1) Adjournment. Subd. 2. Schedule Variation. The order of business may be varied by the presiding officer; but all public hearings shall be held at the time specified in the notice of hearing. Subd. 3. Agenda Items. An agenda of business for each regular council meeting shall be prepared and filed in the office of the clerk-treasurer not later than the Thursday noon next preceding the meeting. The agenda shall be prepared in accordance with the order of business and copies thereof shall be delivered to each council member as far in advance of the meeting as time for preparation will permit. No item of business shall be considered unless it appears on the agenda for the meeting but the council, may in its discretion, consider matters not appearing on the agenda. 2.05 QUORUM AND VOTING. Subd. 1. Quorum Number. At all council meetings a majority of all the council members elected shall constitute a quorum for the transaction or.business, but a smaller number may adjourn from time to time. '011284 2.06/2.07 Subd. 2. Recording of Votes. The votes of the members on any action taken shall be recorded in the minutes. Upon roll call, the names of those voting for and against the action shall be recorded; and if any member, being present, does not vote, the minutes, as to his name, shall be marked "Present -- not voting." Subd. 3. Votes for Passage. A majority vote of all members of the council shall be necessary for approval of any ordinance unless a larger number is required by statute. Except as otherwise provided by statute, a majority vote of a quorum shall prevail in all other cases. 2.06 ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS, AND COMMUNICATIONS. Subd. 1. Writing required, when. Every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon; but reading in full may be dispensed with by unanimous consent or by consensus. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and other communications addressed to the council shall be in writing and shall be read in full upon presentation of the same to the council, unless waived by vote or consensus. They shall then be recorded in the minutes by title and ~-~ filed with the minutes in the office of the clerk-treasurer. Subd. 2. Filing of Ordinances and Resolutions. Every ordinance and resolution passed by the council shall be signed by the mayor, attested by the clerk-treasurer, and filed by the clerk-treasurer in the ordinance or resolution book. Proof of publication of every ordinance shall be attached to and filed with the ordinance. Subd. 3. Repeal of Ordinances and Resolutions. Every ordinance or resolution repealing part of the City Code or a previous resolution or a section or subdivision thereof shall give the section or paragraph number, if any, and the title of the resolution to be repealed in whole or in part. 2.07 COMMITTEES. Subd. 1. Creation of Committees. The Council may create such committees, standing or special, as it deems necessary. Such committees shall consist of as many members, and perform such duties, as Council may require. Subd. 2. Committee Chairpersons. The Chairman of each committee shall be designated by the mayor. Each committee member shall serve as appointed unless excused by a majority of the members of the Council. 2 - 4 '011284 2.08/2.09/2.10/2.11/2.12/2.13/ 2.14/2.15 Subd. 3. Committee Reports. Any matter brought before the council for consideration may be referred by the presiding officer to any such committee, for a written report and recommendation before it is considered by the council as a whole. Each committee report shall be signed by a majority of the members and shall be filed with the clerk-treasurer prior to the council meeting at which it is to be sub- mitted. Minority reports may be submitted. Each committee shall act promptly and faithfully on any matter referred to it. 2.08 SUSPENSION OR Ai~END~ENT OF THE RULES. These rules, or any of them, may be temporarily suspended by a majority vote of all the council members, and shall not be repealed or amended, except by a majority vote of the whole council after notice has been given at some preceding council meeting. 2.09 BLANK 2.10 ELECTIONS. 2.11 DATE. The date of the regular City election shall be held on the first Tuesday after the first r~onday in November in every even year as provided in ~linnesota Statutes 205.07, Subd. 1. 2.12 REGISTRATION. Subd. 1. Adoption of Registration System. A system for the permanent registration of voters provided for by Minnesota Statutes, Chapter 201, is effective for the City. Subd. 2. Voters must be registered. No person shall be permitted to vote at any election held in the City unless he shall have registered as provided in said Act. 2.13 ABSENTEE BALLOT COUNTING BOARD. 2.14 ABSENTEE BALLOT COUNTING BOARD ESTABLISHED. There is hereby established an Absentee Ballot Counting Board pursuant to Minnesota Statutes Section 203B.13 Subdivision 1 for the purpose of counting and reporting all absentee ballots cast in the City of New Hope in accordance with Minnesota Statutes Chapter 203B. (82-4) 2.15 DUTIES OF ABSENTEE BALLOT COUNTING BOARD. Subd. 1. Examination of Return Envelopes . The Absentee Ballot Counting Board shall meet and take receipt of all return envelopes from the City Clerk at the New Hope City Hall. Two or more election judges shall examine each return envelope and shall mark it accepted or rejected in the manner provided in this subdivision. The election judges shall remove the ballot envelope from the return envelope, mark the ballot envelope "Accepted" and initial or sign the ballot envelope below the word "Accepted" if the election judges or a majority of them are satisfied that: 2- 5 011284 2.15 (a) The voter's signature on the return envelope is the genuine signature of the individual who made the application for ballots and the certificate has been completed as prescribed in the directions for casting an absentee ballot; (b) The voter is registered and eligible to vote in the precinct or has included a properly completed registration card in the return envelope; and (c) The voter has not already voted at that election, either in person or by absentee ballot. The return envelope from accepted ballots shall be preserved and returned to the county auditor with the voters' certificates. If all or a majority of the election judges examining return envelopes find that an absent voter has failed to meet one of the requirements prescribed in clauses (a) to (c), they shall remove the ballot envelope from the return envelope, mark the ballot envelope "Rejected", initial or sign it below the word "Rejected", and place it back in the return envelope for return to the county auditor with the unused ballots. (82-4) Subd. 2. Notation of Voting Record. If the ballot envelope is marked with the word "Accepted", the election judges shall record the fact that the voter has voted by absentee ballot on the voter registration card or alternate form. This shall be done by placing the letters "A.B ." in the appropriate space. After a registration card or alternate form has been marked to record that an individual has voted by absentee ballot, the individual shall not be allowed to vote in person at that election. (82-4) Subd. 3. Placement in Container. The ballot envelopes marked "Accepted" shall be placed by the election judges in a separate absentee ballot container. The container and each ballot envelope may be opened only after the last regular mail delivery by the United States postal service on election day. (82-4) Subd. 4. Opening and Counting Ballots. After the last regular mail delivery the board shall count the absentee ballots by opening them. The ballots shall be initialled by the election judges in the same manner as ballots delivered by them to voters in person and shall be deposited in the appropriate ballot box. No duplicate ballot cards shall be prepared. The votes shall be tabulated in such a manner that indicates each vote of the absentee voter and the total absentee vote cast for each candidate or question in each precinct. ~ 2-6 011284 2.16/2.17/2.18/2.19/2.20/2.21/2.22 The vote totals provided by the absentee ballot counting board shall be added to and included in the vote totals on the summary statements of the returns for the precinct in which the absentee voters reside. (82-4) Subd. 5. Spoiled Ballots. If more than one ballot of any kind is enclosed in the ballot envelope, none of the ballots of that kind shall be counted but all ballots of that kind shall be returned in the manner provided by Minnesota Statutes Section 204C.25 for return of spoiled ballots. (82-4) 2.16 APPOINTMENT OF ELECTION JUDGES. The New Hope City Council shall appoint the number of election judges they deem necessary to carry out the duties of the Absentee Ballot Counting Board. However the board shall consist of a minimum of three election judges and all appointments made by the Council shall be pursuant to Minnesota Statute Sections 204B.19 through 204B.22. (82-4) 2.17 COMPENSATION OF ELECTION JUDGES. The City Clerk of the City of New Hope shall pay a reasonable compensation to each member of the Absentee Ballot Counting Board for his services rendered during each election. (82-4) 2.18 BLANK 2.19 BLANK 2.20 PERSONNEL. 2.21 MAYOR AND COUNCILMEMBERS SALARIES. The salary of the Mayor is hereby established at $188.00 per two week pay period and the salary of each Councilmember is hereby established at $142.50 per two week pay period. Said salary payments shall be effective as of the first day of the first full two week pay period in January, 1983. (82-10) 2.22 CLERK-TREASURER. Subd. 1. Combination of Offices. Pursuant to the authority granted by Minnesota Statutes, Section 412.02, Subdivision 3, and 412. 681, the offices of Clerk and Treasurer in the City are combined in the office of Clerk-Treasurer. Subd. 2. Audit. There shall be an audit of the City's financial affairs by the Public Examiner or a Certified Public Accountant, or a Public Accountant, or both, each year in accordance with minimum auditing procedures prescribed by the public examiner. 011284 2.230/ 2.231 /2.233/2.30/2.40/2.41/ 2.42 ~ 2. 230 BUILDING OFFICIAL. 2.231 APPOINT~ENT AND QUALIFICATIONS. The Building ©ffieial shall be appointed by the City Manager annually and shall hold office until his successor is appointed and qualified. The Building Official shall be a person who is acquainted with building materials and the building industry. 2.232 DUTIES. The Building Official is authorized and empowered to make inspections; to interpret and enforce the Building Code, to supervise the construction, demolition or moving of all structures; and to report to the Council as required on permits issued and on all matters pertaining to building construction. 2.233 BOND AND COMPENSATION. The Building Official shall be bonded under The Public Employees Blanket Bond in an amount determined by the City Council of the City of New Hope. Ail moneys collected for fees for building permits shall be paid into the City treasury as received. (75-6~ 2.30 CIVIL SERVICE. See Chapter 60, Crdinance 60-9 which was adopted by the people at a Special Election on May 3, 1960, Appendix C. 2.40 PLANNING COMMISSION. 2.41 ESTABLISHMENT. The Planning Commission heretofore established may ~-~ be abolished by two-thirds vote of all the members of the Council. 2.42 COMPOSITION. Subd. 1. Number. The Planning Commission shall consist of ten members appointed by the Council. Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will faithfully discharge the duties of his office. Subd. 2. Term. Unless sooner removed by a four-fifths vote of the Council, nine of the members shall serve a term of three years, and the person appointed as the tenth member shall serve a term expiring the first business day of January in the year following the year appointed. All members appointed and qualified shall serve until their successors qualify. Subd. 3. Councilman May I~e Tenth Member. The Council may appoint a member of the Council to be the tenth member of the Planning Commission who shall serve a term expiring on the first business day of January in the year following the year appointed. 011284 2.43/2.44/2.45/2.46/2.60/2.610 2.43 PURPOSE, AUTHORITY AND DUTIES. The Planning Commission shall serve as an advisory body to the Council. It is hereby authorized and directed to carry on City Planning activities and to adopt a plan for the regulation of the future physical development of the City, and to prepare and adopt an official map of all proposed alterations of existing lands and public spaces, and the future development of unplatted properties and shall recommend approval or disapproval of subdivisions of land. The Commission shall make a study of future developments of the City, including proposed public buildings, street arrangements and improvements, public utility services, parks, playgrounds, and other similar developments. The results of all studies made by the Commission, together with the recommendations of the Commission shall be submitted to the Council. The Planning Commission shall upon request of the Council, make recommendations to the Council regarding matters affecting zoning, platting, the making of public improvements and other measures affecting the future or present development of the City. 2.44 ORGANIZATION. The Planning Commission shall elect one of its members as chairman, one as vice chairman, and another as secretary, each of whom shall hold office until December 31st, following their election. 2.45 MEETINGS. The Planning Commission shall hold two regular meetings each month, on such days and at such times as established by the Council. Special meetings shall be called by the Chairman upon his request not more than two days after receipt by the Chairman or Secretary of a written request for a special meeting signed by three or more members of the Planning Commission. Special meetings shall require two days written notice to each member. 2.46 MINUTES. The Commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, motions, transactions and findings. One copy of the minutes of each meeting shall be delivered to the Clerk-Treasurer prior to the next regular meeting of the Council, and the Clerk-Treasurer shall record the same as a permanent record of the City. 2.60 CIVIL DEFENSE. 2.610 PURPOSE. Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destruction, and by reason of any natural disturbance or catastrophe, in order to insure that the preparations City will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this City it is hereby found and declared to to be necessary. Subd. 1. Civil Defense Agency. To establish a local civil defense agency. 2-9 011284 2.62 Subd. 2. Exercise of Powers. To provide for the exercise of necessary powers during civil defense emergencies. Subd. 3. Mutual Aid and Cooperation. To provide for the rendering of mutual aid between this City and other political subdivisions with respect to the carrying out of civil defense functions, and to coordinate to the maximum extent practicable with the comparable functions of the federal government, of other states and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur. 2.62 DEFINITIONS. The following words and phrases when used in this ordinance, shall have the meanings as set out herein: Subd. 1. Civil Defense. "Civil Defense" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters, whether caused by enemy attack, sabotage, or other hostile action, or by any natural catastrophe or disturbance. These functions shall include, without limitation, fire- fighting services, police service, medical and health services, rescue, engineering and air raid warning services, communications, radiological, ~-~ chemical and other special weapons of defense, evacuation of persons from stricken areas, emergency welfare services, emergency transporta- tion, exisiing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out of the foregoing functions. Subd. 2. Civil Defense Emergency. "Civil Defense Emergency" means an emergency declared by the Governor under the Minnesota Civil Defense Act of 1951, Sec. 301 (Minn. Stat. Section 12.31 and 12.32), or where declared as hereinafter provided in Sec. 2.63(3) by the City because of any unprecedented or severe natural catastrophe. Subd. 3. "Civil Defense Forces". Except in a declared emergency, "Civil Defense Forces" shall mean any personnel employed by the City and assigned by the Council for service and for specific activities in preparation for civil defense and any other volunteer or paid member of the local civil defense agency engaged in carrying on civil defense func- tions in accordance with the provisions of this ordinance or any rule or order thereunder. 2 - 10 011284 2.63/2.64 2.63 CIVIL DEFENSE AGENCY. Subd. 1. Creation. There is hereby created a Civil Defense Agency, which shall be under the supervision and control of a Director of Civil Defense, hereinafter called the Director. The Civil Defense Agency shall be organized consistent with state and local civil defense plans, as the Director deems necessary to provide for the efficient performance of local civil defense functions during a civil defense emergency. Subd. 2. Appointment of Director of Civil Defense. The Manager shall appoint or remove the Director. The Director shall have direct responsibility for the organization, administration and operation of the Civil Defense Agency, subject to the direction and control of the City Manager. Subd. 3. Civil Defense Board - Declaration of Emergency. To provide for any local natural catastrophe or disturbance, there is hereby established a Civil Defense Board consisting of the Manager, Mayor, Clerk-Treasurer and one Trustee to be selected by a majority vote of the Council. Whenever, in the judgment of a majority of the said Board, or in the event a majority of said Board is not present within the City, in the judgment of the Manager, Mayor, Acting Mayor or Senior Council person who is available (in that order), any unprecedented or severe natural catastrophe or disaster shall warrant it, an emergency may be declared and the provisions of this ordinance may be invoked; provided, however, that there shall be called a regular meeting or special meeting of the Council within three days after the declaration of such emergency for the ratifica- tion of such emergency declaration, and if such emergency declaration be disapproved at this or any subsequent Council meeting, or if the emergency meeting is not called within the three day period, it shall terminate forth- with. 2.64 DUTIES OF DIRECTORS OF CIVIL DEFENSE. Subd. 1. City Civil Defense Representative. The Director, with the consent of the Manager, shall represent the City on any regional or state organization for civil defense. He shall develop proposed mutual aid agreements with other political subdivisions within or outside the state for reciprocal civil defense aid and assistance in civil defense emergency too great to be dealt with unassisted, and he shall present such agreements to the Council for its approval or disapproval, and such agreements shall have no force and effect until approved by the Council. 2- 11 011284 2.64 Subd. 2. Studies and Surveys. The Director shall make such studies and surveys of the manpower, industries, resources, and facilities of the City as he deems necessary to determine their adequacy for civil defense and to plan for their most efficient use in time of a civil defense emergency. Subd. 3. Civil Defense Plan. The Director shall prepare a comprehen- sive general plan for the civil defense of the City, and for relief from any natural catastrophe, and shall present such plan to the Council for its approval. When the Council has approved the plan by resolution, it shall be the duty of all City employees and all civil defense forces of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The Director shall coordinate the civil defense activities of the City to the end that they shall be consistent and fully integrated with the civil defense plan of the federal government and the state and correlated with the civil defense plans of other political subdivisions within the state. Subd. 4. Personnel. The Director shall utilize the personnel, services, equipment, supplies and facilities of the City government to the maximum extent practicable. The officers and personnel of the City shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the local Civil Defense Agency and to the Governor upon request. The Director shall, in cooperation with existing officials and employees affected, organize, recruit, and train air-raid wardens, auxiliary police, auxiliary firemen, emergency medical personnel, and other personnel that may be required on a volunteer basis to carry out the civil defense plans of the City and the state. To the extent that such emergency personnel is recruited to augment a regular City fUnction for civil defense emergencies, it shall be assigned to the City official responsible for such function for purposes of administration and command. The Director with the consent of the Mayor may dismiss any civil defense volunteer at any time and require him to surrender any equipment and identification furnished by the City. Subd. 5. Training Programs. In accordance with the state and City civil defense plan, the Director shall institute such training programs and public information programs and shall take all other prepara- tory steps, including the partial or full mobilization of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the City civil defense plan in time of a civil defense emergency. He may, from time to time, conduct such practice air-raid alerts or other civil defense exercises as he may deem necessary. 2 - 12 011284 2.65/2.66 Subd. 6. Facilities. Consistent with the civil defense plan, the Director may provide and equip emergency, casualty stations, ambulances, canteens, evacuation centers, and other facilities, or conveyances for the care of injured or homeless persons, consistent with the resources of the City, and funds properly allocated with the approval of the Council. Subd. 7. Orders of the Governor. The Director shall carry out all orders, rules and regulations issued by the Governor with reference to civil defense. Subd. 8. Civil Defense Emergency. The Director shall direct and co- ordinate the general operations of all local civil defense forces during a civil defense emergency in conformity with controlling regulations and instructions of state civil defense authorities. 2.65 POLITICAL ACTIVITY AND SUBVERSION. The Civil Defense Agency shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a legitimate labor dispute. No person shall be employed or associated in any capacity in the Civil Defense Agency who advocates or has advocated a change by force or violence in the constitutional form of government in the United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any sub- versive act against the United States. Each person who is appointed to serve in the civil defense agency shall, before entering upon his duties, take an oath in writing as prescribed by the Minnesota Civil Defense Act of 1951, Section 403, (Minn. Stat. 12.43). 2.66 CIVIL DEFENSE VOLUNTEERS. Civil defense volunteers shall be called into service only in case of a civil defense emergency for which the regular City force is inadequate or for necessary training and preparation for such emergencies, or when deemed necessary by the Mayor to carry out the provisions of this ordinance relating to relief from natural catastrophes or disturbances. Each civil defense volunteer shall be provided with such suitable insignia or other identification as may be required by the Director. Such identification shall be in a form and style approved by the federal government. No volunteer shall exercise any authority over the persons or property of others without this identification. No person except an authorized volunteer shall use the identifica- tion of a volunteer or otherwise represent himself to be an authorized volunteer. No civil defense volunteer shall carry any firearm while on duty except on written order of the Council. 2 - 13 011284 2.67/2.68/2.69/2.70/2.71/2.72 2.67 GOVERNMENTAL IMMUNITY. All functions hereunder and all other activities relating to civil defense are hereby declared to be governmental functions. The City and, except in cases of willful misconduct, its officers, agents, employees, or representatives engaged in civil defense activities, while complying with or attempting to comply with the Minnesota Civil Defense Act of 1951 or with this ordinance or any rule, regulation or order made thereunder, shall not be liable for the death of or injury to persons, or damage to property as a result of such activity. The provisions of this section shall not affect the right of any officer or employee of the City to receive benefits to which he would otherwise be entitled under this ordinance or under the Worker's Compensation Law, or under any pension law. 2.68 COOPERATION WITH FEDERAL AND STATE AUTHORITIES. Every officer and agency of the City shall cooperate with federal and state authorities and with authorized agencies engaged in civil defense and emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this ordinance and of all regulations made thereunder shall be subject to all applicable and controlling provisions of federal and state laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. The Council may appoint any qualified person holding a position in any agency created under federal or state authority for civil defense purposes as a special policemen of the City with such police powers and duties within the City incident to the functions of his position, not exceeding those of a regular policeman of the City, as may be prescribed in the appointment. Every such special policeman shall be subject to the supervision and control of the Director of Police and such other police officers of the City as the Director may designate. 2.70 VOLUNTEER FIRE DEPARTMENT AND FIRE PREVENTION. 2.71 COMPOSITION. The City shall maintain a Volunteer Fire Department. The department shall be headed by the Fire Chief who shall be an employee of the City having a position in the classified service. The department shall consist of not less than 10 nor more than 45 members, from which an Assistant Chief, an Engineer and such captains and Lieutenants as deemed necessary by the Chief shall be elected. (79-5) 2.72 ELECTION OF OFFICERS. The Assistant Chief, Captains and Lieutenants shall be elected annually by members of the Department, subject to confirmation by the Council. They shall hold office for one year and until their successors have been duly elected, except that they may be removed by the Council for cause and after a public hearing. Probationary fire fighters shall be appointed by the City Manager. Firefighters shall continue as members of the Department during good behavior and by complying with the rules and regulations of the Department, and may be removed by the Council only for cause and after a ~-~ public hearing. (76-_ 2 - 14 011284 2,73,/2.74/2.75/2.76 2.73 FIRE PREVENTION. The City Fire Marshal, who shall be an employee of the City having a position in the classified service in the Bureau of Fire Prevention, shall cooperate with the Fire Department in such manner as the Director of Protective Inspections shall require with primary responsibility for the enforce- ment of all ordinances aimed at fire prevention. (76-10) 2.74 FIRE CHIEF. The Chief shall have control over all firefighting apparatus and shall be solely responsible for its care and condition. He shall make an annual report to the Council at its first meeting in February of each year for the period of the previous calendar year. The report shall be a comprehensive report of the activities of the Fire Department, its needs and conditions of all Fire Department apparatus. He may submit additional reports and recommendations at any meeting of the Council, and he shall report the suspension by him of a member of the Fire Department at the first meeting of the Council following such suspension by him of a member of the Fire Department at the first meeting of the Council following such suspension. He shall be responsible for the proper training and discipline of the members of the Fire Department, and may suspend any for refusal or neglect to obey orders pending final action by the Council on his discharge or retention. In the absence or disability of the Chief, the Assistant Chief of the Fire Department shall perform all the functions and exercise all of the authority of the Chief on a temporary basis. In the absence of the Chief and the Assistant Chief, other designated officers of the Department shall perform, on a temporary basis, all the functions and exercise all of the authority of the Chief. The assumption of such temporary authority and responsibility shall be as a member of the Volunteer Fire Department, and shall not be construed as a position in the classified service. (76-10) 2.75 RECORDS. The Chief shall keep in convenient form a complete record of all fires. Such record shall include the time of the alarm, location of the fire, cause of fire (if known), type of property, name of owner and tenant, purpose for which occupied, estimate of loss of property and contents, members of the Department responding to the alarm, and any other information as he may deem advisable or as may be required from time to time by the Council or State Fire Marshal's Office. (76-10) 2.76 VOLUNTEER FIKEFIGHTERS. Subd. 1. Qualifications. All applicants for membership shall be not less than eighteen (18) nor more than thirty-five (35) years of age and able-bodied. They shall maintain a probationary membership status for no less than a twelve (12) month period and shall not be accepted as regular firefighters until they have satisfactorily completed the required training. The Council may require that each candidate, before he may become a firefighter, must satisfy certain minimum requirement qualifications 2 - 15 011284 2.77/2.78/2.80/2.90/2. 110/2. i11/ 2. 112 - which may be specified by the Council, and ;-hat he must pass a satisfactory ~-~' mental and physical examination. The Chief shall have the authority to revoke membership of any probationary member for failure to comply with current rules and regulations of the Department only upon recommendation of the Membership Committee. (76-23) Subd. 2. Loss of Membership. Firefighters absent from three consecutive training drills or alarms unless excused by a fire officer shall forfeit membership in the Department. (76-23) Subd. 3. Compensation. Members and officers of the Fire Department shall receive compensation as determined by resolution of the Council. (76-10) Subd. 4. Relief Association. Members and officers of the Fire Department shall organize themselves into a Firemen's Relief Association. (76-10) 2.77 TRAINING DRILLS. It shall be the duty of the Chief to provide scheduled training sessions and to provide needed specialized training in fire pre- vention and fire fighting as he deems necessary to keep the members trained in all phases of fire prevention and fire suppression. (76-10) 2.78 INTERFERENCE WITH DEPARTMENT. It shall be unlawful for any person to give or make, or cause to be given or made, an alarm of fire without probable cause, or to neglect or refuse to obey any reasonable ~' order of the Chief at a fire, or to interfere with the Fire Department in the discharge of its duties. (76-10) 2.80 BLANK (79-10) 2.90 BLANK (78-8) 2.110 HUMAN SERVICE COMMISSION. 2.111 POLICY OF CITY OF NEW HOPE. It is hereby declared that it is the public policy of the City of New Hope to fulfill its responsibility as a partner of the State Department of Human Rights in securing for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to work consistently to improve the human relations climate of the City of New Hope. (74-31) 2.112 HUMAN SERVICE COMMISSION ESTABLISHED. There is established within the City of New Hope, a Human Service Commission. (74-31) 2 - 16 011284 2.113/2.114/2.115/2.116 2. 113 PURPOSE. The purpose of the Commission is to secure for all citizens equal opportunity in employment, housing, public accommodations, public services, and education and full participation in the affairs of this community by assisting the State Department of Human Rights in implementing the Minnesota State Act Against Discrimination and by advising the City Council on long range programs to improve human relations in the City of New Hope. (74-31) 2.114 MEMBERSHIP AND TERMS. The Commission shall consist of ten members to be appointed by a majority vote of the Council to serve terms of two years beginning January 1, 1975, except that the initial terms of five members shall be for one year. The persons to receive one year terms shall be determined by lot, unless otherwise agreed upon by the council and the appointees. (74-31) 2.115 MEETINGS. The Commission shall meet as is deemed necessary at the discretion of the Commission, or at the request of the City Council, but not less than once annually. The meetings shall take place in the City Hall. The Commission meetings shall be open to the public. Minutes shall be kept of each meeting and a copy of the minutes shall be filed with the City Clerk as the official record of the activities of the Commission. Meetings shall be called by the chairman or at least three members of the Commission, upon three days notice to all members. (74-31) 2.116 POWERS AND DUTIES. In fulfillment of its purpose the Commission's duties and responsibilities shall be to meet as needed to: (74-31) Subd. 1. Adopt by-laws and rules for the conduct of its affairs including the election, assumption of duties and definition of responsibilities of officers and committees. Subd. 2. Enlist the cooperation of agencies, organizations and in- dividuals in the community in an active program directed to create equal opportunity and eliminate discrimination and inequalities. Subd. 3. Formulate a human service program in response to concerns developed from reviews of the community's needs for the City of New Hope to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programming in the area of civil and human rights and services. Subd. 4. Advise the Mayor, the City Council and other agencies of the government of human relations and civil rights problems. Act in an advisory capacity with respect to planning or operation of any city department on issues of civil and human services and recommend the adoption of such specific policies or actions as are needed to provide for full equal opportunity in the community. Subd. 5. Develop in cooperation with the State Department of Human Rights such programs of formal and informal education as will assist in the implementation of the Minnesota State Act Against Discrimination and 2- 17 011284 2.117/2.118/2.510/2.511/2.512 provide for the Commission's assumption of leadership in recognizing and resolving potential problem areas in the community. 2.117 VACANCIES AND REMOVAL FROM OFFICE. Subd. 1. Vacancies. A membership on the Commission shall become vacant upon the occurrence of any of the following: (74-31) (a) the death of a member; (b) Physical or mental disability rendering him incapable of service; (c) a change of residence outside of the City of New Hope; (d) resignation in writing directed to the Commission chairman. Subd. 2. Removal From Office. The Commission, by a 3-5's vote of its members may petition to the Council to remove by a majority vote any member when, in its discretion, the best interest of the City would be served thereby, after first giving the person so named an opportunity to be heard before the Commission and the Council. (74-31) 2.118 COMPENSATION. The Commission members shall serve without compen- sation, but may be reimbursed for expenses authorized by the Council when representing the City, subject to the approval of the City ?4anager. (74-31) 2.510 TRAFFIC CONTROL AND SAFETY COMMISSION. (75-1) 2.511 ESTABLISHMENT AND PURPOSE. There is hereby established a Traffic Control and Safety Commission as an advisory body to the Council for the purpose of developing and promoting traffic safety and control programs, reviewing applications, making recommendations for traffic control devices, develop- ing recommendations for traffic safety programs and enlisting the assistance and cooperation of neighboring communities, Hennepin County, other agencies of government, and interested civic groups to implement the traffic and transit programs as developed and adopted. 2. 512 MEMBERSHIP. Subd. 1. Number. The Commission shall consist of seven (7) members which shall include a representative designated annually from the Planning Commission, the City Manager or his designate, the Director of Police or his designate, the Director of Public Works or his designate, and three citizens to be appointed by the Council. 2 - 18 · 011284 2.513 Subd. ° . ~,. Terms The citizen members of the Commission shall be appointed for two years. Ail terms shall expire on December 31, or when a successor is approved by the Council. The terms of the other members are concurrent with their respective tenure of office. 2.513 ORGANIZATION AND I~{EETINGS. Subd. 1. Adoption of Rules. The Commission membership shall adopt its own rules governing its meetings, procedures and functions. The rules may be amended from time to time, upon notice being given to all members of the proposed amendments to be acted upon at a specified meeting. A majority vote of the Commission shall be required to approve any proposed amendments. Subd. 2. Offices. The City Manager shall serve as the Chairperson of the Commission. The .Commission shall select a Vice Chairperson from among its membership each January for a one year term. The City Manager shall be responsible for having minutes prepared for each meeting. The Chairperson, or in his absence, the Vice Chairperson shall prepare an agenda prior to each meeting and shall communicate the same to all members no less than three days prior to each meeting. Subd. 3. Meetings. (a) The Commission shall meet as required, but at least quarterly, at the City Hall. It shall adopt rules for the transaction of business, and shall keep a record of its business and findings, which shall be a public record. (b) Special Meetings. Special meetings may be called by the City Manager or three members of the Commission, upon three days notice to all members. The notice shall state the reason for such meeting at the time of giving notice. (c) Open Meetings. All meetings of the Commission shall be open to the public. 5{inutes shall be kept of each meeting and a copy of the minutes shall be filed with the City Clerk as the official record of the activities of the Commission. 2 - 19 011284 2.514/2.515/2.516 2.514 VACANCIES AND REMOVAL OF MEMBERS. Subd. 1. Vacancies. Vacancies shall be filled by the City Council for the unexpired term. A membership on the Commission shall become vacant upon: (a) the death of a member; (b) physical or mental disability rendering him/her in- capable of service; (c) a change in residence outside the City limits of New Hope; (d) in the case of a commission representative or staff member the resignation from employment or when no longer a member of the commission from which the appointment originated; (e) resignation in writing directed to the Commission Chairman; (f) failure to serve as evidenced by failure to attend three consecutive meetings without good cause being given. Subd. 2. Removal from Office. The Commission, by a 2/3's vote of its members may petition to the Council to remove by a majority vote any member when, in its discretion, the best interests of the City would be served thereby, after first giving the person so named an opportunity to be heard before the Commission and the Council. 2. 515 COMPENSATION. The Commission membership shall serve without compensation, but may be reimbursed for expenses authorized by the Council when representing the City, subject to the approval of the City Manager. 2.516 POWERS AND DUTIES. The Commission shall have the following powers and duties: Subd. 1. Response To Requests For Traffic Control Devices. Establish procedures for reviewing all requests for traffic signals, stop signs, school crossings and other traffic control devices and making recommendations on same to the Council. Subd. 2. Collect Data on Impact of Traffic Control Device. Establish a procedure for collecting data as to the impact of proposed and existing traffic control devices. Subd. 3. Review and Recommend City Traffic Plans. Review and make recommendations to the current traffic and transit plans for the City, including classification of streets, public transportation needs, placement of sidewalks, designation of bicycle and pedestrian routes. Subd. 4. Public Information Programs . Develop public information programs in regard to traffic related activities and laws. 2 - 20 011284 2.610/2.611/2.612/2.613/2.614 Subd. 5. Annual Rep.orr. Prepare and submit to the Council an annual report in January of each year as to actions that have been taken in regard to traffic and the anticipated needs of the City in terms of transit and traffic related items. 2.610 T H E H O U S I N G A N D R E D E V E L O P 5.~ E N T AUTHORITY IN AND FOR THE C I T Y O F N E W H O P E, M I N N E S O T A (77-24) 2.611 PURPOSE. The purpose of this section is to provide rules and regulations for the operation of the Housing and Redevelopment Authority in and for the City of New Hope, ~.innesota. 2.612 SHORT TITLE. The Housing and P~edevelopment Authority in and for the City of New Hope, Minnesota may be referred to as the New Hope HRA, or, by context permit adequate identification with the City of New liope, the HRA. 2.613 COMPOSITION AND TERI¥iS. The Commissioners of the lIRA shall be appointed by the ?~{ayor, whether original appointments or vacancies. Subd. 1. Leng~.h..of Term. Each member of the City Council shall be appointed as a Commissioner of the HRA for a period coinciding with the unexpired term of the Council person. Subd. 2. Termination of Term. The term of office of any Commissioner shall terminate upon the Commissioner ceasing to be a member of the City Council for any reason. 2.614 COMPENSATION. Each Commissioner shall be entitled to receive necessary expenses, including traveling expenses, incurred in the performance of his duties and shall be paid $25 for each regular or special meeting attended, not to exceed $1,500 per annum. 2 - 21 011284 2. 615/2. 700/2. 701/2. 702/ 2. 703/2. 704 ~ 2.615 STATUTORY PROVISI©NS. The statutory provisions of ~.~innesota Statute '~-~' § 462.415, et seq., as amended from time to time shall govern the actions and operation of the Housing and Redevelopment Authority. 2.700 NEW HOPE CITIZEN ADVISORY COI~'~i~_ISSI©N. (78-8) 2.701 PURPOSE. The purpose of this section of the Code is to provide rules and regulations for the operation of the New Hope Citizen's Advisory Commission. 2.702 ESTABLISHMENT. There is hereby established a New Hope Citizen Advisory Commission, which shall advise the New Hope City Council as to its opinions and recommendations on such subjects and matters which the City Council shall assign to it on a continuing, temporary or interim basis, and shall serve as a resource group to the community, and as an informative and educational coordinator to the City, through the City Council. The Commission shall receive projects and areas of responsibility from time to time from the City Council for review, study, analysis, debate, investigation, appraisal, and recommendation to the City Council, to provide the City Council with the maximum factual basis, as well as informed citizen opinion on various topics. Such assignments (78-8~ to the Commission shall be by resolution of the Council. The Commission may (78-1! also initiate projects on its own motion. 2.703 TERMS OF OFFICE, MEMBERSHIP AND COMPOSITI©N. The Commission ~-~ shall consist of not less than five and not more than fifteen members, residents of New Hope, appointed by a majority of the Council, who shall serve without compensation at the pleasure of the Council. The terms of office shall be from January i to December 31, of each year, or until each individual successor has been appointed. The chairperson of the Commission shall be appointed by the City Council. The Commission, at its initial meeting, and each year thereafter, shall choose a vice chairperson, and a secretary. A quorum shall consist of a majority of the members then constituting the Commission. The chairperson, shall preside at all meetings held during that year. The secretary shall regularly keep the minutes of each meeting of the Commission and shall also be responsible for forwarding a copy of such minutes promptly to the City Clerk. (78-1i 2. 704 ORGANIZATION AND MEETINGS. Subd. 1. Rules Governing. The Commission shall be governed by Robert's Rules of Order and by the Open Meeting Law of the State of Minnesota, and other applicable laws. Subd. 2. Meetings. (a) Regular Meetings. The Commission shall meet as is deemed necessary at the discretion of the Commission, but not less than once annually. The meetings shall take place in the City Hall, with notice duly given in the manner prescribed by the City Manager from time to time. The organizational meeting of the Commission for the purpose of electing officers shall take place no later than February 15 of each year. 2 - 22 011284 2.705/2.706/2.707/2.708 (b) Special Meetings. Special meetings may be called by the chairperson or any three members of the Commission upon three days written notice to all members. (78-8) 2. 705 VACANCIES AND REMOVAL OF MEMBERS. Subd. 1. Vacancies. A membership on the Commission shall become vacant upon the occurrence of any of the following, and shall be filled for the unexpired term by City Council appointment: (a) the death of a member; (b) physical or mental disability rendering him incapable of service; (c) a change of residence outside of the City of New Hope; (d) resignation in writing directed to the Commission chairman; (e) absence from four consecutive meetings, regular or special, unless excused by formal action of the Commission shall be deemed to constitute a resignation of a member, and a vacancy thereby automatically created. Subd. 2. Removal from Office. (a) By the Commission. The Commission, by a 3/5's vote of its members, may petition to the Council to remove any member when, in its discretion, the best interests of the City would be served thereby. (b) By the Council. The Council, by a majority vote of all its members, shall have the authority to remove any member of the Commission from office, whenever, in its discretion, the best interests of the City shall be served thereby. (78-8) 2.706 ANNUAL REPORT. The Commission shall prepare an annual written report to be presented to the Council at the second Council meeting in January following the year involved. 2.707 TASK GROUPS. Community task groups that form to study problems of the environment may approach the Commission or be referred to the Commission by resolution of the City Council. One or more members of the Commission may serve on the task group to act as a communication link between the task group and the Citizen Advisory Commission. (78-8) 2.708 CITY OFFICIALS TO COOPERATE. All City officials, department heads, employees and appointees shall cooperate with the Commission and render all reasonable ~ssistance. (78-8) 2- 23 011284 2. 800/2. 801/2. 802/2. 803/2. 804 2.800 N E W H O P E C H E M I C A L H E A L T H (82_~~-~' AWARENESS COMMISSION 2.801 ESTABLISHMENT. The New Hope Chemical Health Awareness Commission is hereby established as an advisory body to the Council, which Commission shall have the powers and duties set forth hereafter and as the Council may designate from time to time. 2.802 PURPOSE AND GOALS OF THE COMMISSION. The New Hope Chemical Health Awareness Commission is charged with the following responsibilities: Subd. 1. Drug and Alcohol Regulation Recommendations. To advise and make recommendations to the New Hope City Council on drug and alcohol regulation. Subd. 2. Liquor Dispensary Guideline Recommendations. To formulate recommendations to the City Council for guidelines for liquor dispensaries regarding chemical abuse prevention in their establishments. Subd. 3. Chemical Abuse Recommendations. To provide and coordinate resources to heighten the awareness of chemical abuse problems through recommendations to the City Council of programs or other initiatives. 2.803 I~EMBERSHIP. The New Hope Chemical Health Awareness Commission ~ shall be composed of from 5 to 15 members to be appointed by a majority of the Council, and shall be composed of citizens of the City of New Hope. Each appointee shall serve a two-year term, except for seven members of the first appointees who shall be appointed for terms expiring on December 31, 1983. The other eight shall be appointed for terms expiring on December 31, 1984, in order to provide for staggered terms. Each member shall serve until his successor is duly appointed. 2.804 ORGANIZATION AND MEETINGS. Subd. 1. Adoption of Rules. The Commission shall adopt its own rules governing its meetings, procedures and functions except that Robert's Rules of Order shall govern questions of parliamentary procedures. The rules may be amended from time to time, upon notice being given to all members of the proposed amendments, to be acted upon at a specified meeting. A majority vote of the Commission shall be required to approve any proposed amendments. Subd. 2. Meetings. (a) .Regulax' l~_eetings. The Commission shall meet at such times as it shall designate at the City Hall, unless otherwise ~-~ agreed upon by a majority vote of the Commission. 2 - 24 011284 2.805/2.806/2.807 (b) Open rv-~eetings. All meetings of the Commission shall be open to the public. (c) Minutes of Meetings. Minutes shall be kept of each meeting and a copy of the minutes shall be filed promptly after each meeting with the City Clerk as the official record of the activities of the Commission. 2.805 VACANCIES AND REMOVAL FROM OFFICE. Subd. 1. Vacancies. A membership on the Commission shall become vacant upon the occurrence of any of the following: (a) The death of a member; (b) Physical or mental disability rendering him incapable of service; (c) A change of residence outside of the City of New Hope; (d) Resignation in writing directed to the Commission chair- person or the City Council; (e) Failure to serve as evidenced by failure to attend three consecutive meetings without good cause being given to the chairperson prior thereto; (f) Violation of the By-laws of the Commission providing for declaration of a vacancy. Subd. 2. Removal From Office. The Commission by a 2/3 vote of its members may petition the Council to remove by a majority vote any member when, in its judgment, the best interests of the City would be served thereby, after first giving the person so named an opportunity to be heard before the Commission and Council. A majority vote of the Council shall be required to order such removal. 2.806 COMPENSATION. The Commission members shall serve without compensation. 2. 807 POWERS AND DUTIES. The Commission shall have the following powers and duties: Subd. 1. Advise Council. To confer with and advise the Council concerning all matters pertaining to chemical health awareness, as described in Section 2.802. Subd. 2. Coordinating Entity. To act as a coordinating entity between the City Council and other groups or individuals both within and without the boundaries of New Hope as to planning and implementation of policies and programs pertaining to chemical health awareness. 2 - 25 011284 2.900 2.900 REPEALED. Sections 2.90, 2.200, 2.300 and 2.410 establishing and governing the Economic Development Commission, the Youth Commission, the Environmental Commission, and the Heritage Preservation Commission have been heretofore repealed, and their responsibilities are assigned to the Citizen Advisory Commission. 2 - 26 011284 NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINI~SOTA ~ SS. COUNTY OF HENNEPIN Richard Germundsen, being duly sworn, on oath says he is and during a~l times herein stated has been the Vice-President of The Pest Publishing Co., publisher and printer of the new~paper known as NEW HOPE-PLYMOUTH POST and has full knowledge of the facts herein stated as tollows: (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 5~0 copies regular, ly 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 purperts 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 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 that the newspaper is a legal newspaper. ~-~ __ He further states on oath that the printed..~:~......~. ........ ~ . ..~.. >....~....0. f....~...~....~..'.~...~.. .... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in theEngllsh language once each week for.C~..successiveweeks- that it was flrstso published on ...... ....... the.~.'...~-/, day of..~ ~9..°~>../~!. and was fhereaffer pr ,hied and published on every..~"~'.~ .~-.~ including the..J..~...../~.daY' ,~ -t~ of.~.'~~....19..~..~./.and\ '~ that the following isa printed copy of the to and 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--5½ pt. Sans Subscribed and sworn to before (NOTARIAL SEAL) Notary Public~ .............................. County, Minnesota My Commiss'ion Expires .............................. 19 ......