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1974 ORD 74 - 1 AN ORDINANCE AMENDING CHAPTER 4.80 OF THE CITY CODE, "ADMINISTRATION" AS APPLIED TO REZONING AND SPECIAL USE PERMITS City of New Hope, Minnesota The Council of the City of New Hope ordains: Section 1. Section 4.82 Rezoning, Subd. (1) entitled Zoning Forms is amended in that the fee shall be changed to $200.00. Section 2. Section 4.83 Special Use Permits, sub-paragraph (1) is amended to read: (1) The person applying for a special use permit shall fill out and submit to the Clerk-Treasurer a zoning form, copies of which are available at the Village Hall, together with a fee in accordance with the following schedule: (a.) For special uses as to all zoning uses other than SR, $150.00 (b.) For special uses for SR purposes including Home Occupations, due to the relatively uncomplicated nature of such requests in general, $25.00 This ordinance shall be in effect from and after its passage by the City Council and publication in the official newspaper of the Village. Passed by the City Council the /z/t~ day of January, 1974. Attest: ~~.~~. ' c~4kLTreasurer Published in the New Hope-Plymouth Post this ~ ~ day of ~Y~-~ ,~ .~ ,./~ , 1974. NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNi~.PiN ~ SS. E. C. L'H=, au;;, being duly sworn, on oath says he is and during all the times herein stated has been the/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 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 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 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. H e f u rlh e~.s.t~_~es °n °a f!~e printed' ' 2'~-~'~ '/.' .~' ' · ~'~ L ' '~~' ' ' ~'~' '~' ....... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'English I,an~uage, 7ce each week, for. ~... successive weeks; that it was first so published on~.~..~ the..~....?' · .~ay o~~: ......... 19..? .Y. a'nd 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: abcdefghliklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to I~efore me this .... ...~.f.-~?~..day of...ll .~'~-..~'.~..'~.....( .... A.D., 19 ..~...y ................................................. Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74- 2 .... ~' ,~ AN ORDINANCE AMENDING SECTION 2.11 OF k~ THE CITY CODE RELATING TO CITY ELECTIONS City of New Hope, Minnesota The City Council of New Hope ordains: Section 1. Section 2.11 of the City Code is hereby amended to read as follows: 2.11 Uniform Municipal Election Day. Subd. (1) Uniform Dates Established. There is hereby established the first Tuesday after the first Monday of November, 1974, and the first Tuesday after the first Monday of November of each odd numbered year, as the Uniform Municipal Election Day for the City of New Hope, pursuant to the .authority provided in Minn. Stats. 205.20. Subd. (2) Terms of Office. At each of the aforesaid biennial elections there shall be elected two council members for terms of four years, ex- cept that the council member elected in November 1974 shall be elected for a term of three years and shall stand for election in 1977 to a term of four years and terms of four years thereafter. The term for mayor, beginning with the election to be held in 1975, shall be for four years. Section 2. If the term of any council member shall expire in a year for which no election is scheduled, his term shall be extended to the first regularly scheduled election held thereafter, and the length of his term shall be as provided for in Section 1 of this ordinance. Section 3. This ordinance shall take effect ninety (90) days from and after its passage and publication, as provided in Minn. Stats. 205.20 (5). Passed by the City Council of the City of New Hope this ./~'~ day of Attest: -B~Ty Pettliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 24thday of January , 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN~ SS. 7_. C.~ :'; ;~ ouT;, being duly sworn, on oath says he is and during all the times herein stated has been the/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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 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 . ' ' ' '~'//' ' '~' '" t ..... ~'; ' ' 2'~' '~'"-" ' ' "'~' ' ..... ~~ _ hereto attached as a part hereof was cut frem the columns of said nawspaper, and was printed and published therain in the'English I~n,~uage, once each week, for./., successive weeks; that it was first so published on....~'~..~~~ the~.. ~....~.°~dayof .~..~' 192~ndwasthereafterpr ntedandpub shedonever ~ 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--5W pt. Sans Subscribed and sworn to b~fore me ' .~....~..T.~/~...day .... .~..~ ...... A.D., 19..~... ~ .............................................. Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74-3 AN ORDINANCE FURTHER AMENDING CHAPTER 4 OF THE CITY CODE RELATING TO "EXTENT OF LB LIMITED BUSINESS DISTRICT" City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota, ordains: Section 1. Section 4.104 of the City Code, "Extent of LB Limited Business District" is hereby amended by the addition thereto of Subdivision (18), to read as follows: (18) That part of the East 41 rods of the Northwest 1/4 of the Northwest 1/4 lying South of 42nd Avenue North, and westerly of Gettysburg Avenue North~ Section 18, Township 118, Range 21, and That part of the North 7 rods of the East 41 rods of the Southwest 1/4 of the Northwest 1/4 lying westerly of Gettysburg Avenue North, Section 18, Township 118, Range 21. Section 2. This ordinance shall take effect upon its passage 'and publication. Dated the 28 day of January, 1974. ' 't~'~ouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 7 day of February , 1074. NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn~ on oath says he is and during all the times herein stated has been the 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 a~nd 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 maker 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 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 a part hereof was cut from the columns of said newspaper, and was printed and published therein in th e'Engllsh_language, once each week, for../., successive weeks; that it was first so published on the../.. ~ .~-.... d,y 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--51/2 pt. Sans Subscribed and sw. orn to before me is....~~'~...i . ..i. ~.... A.~. ~ ...... ........... ......... 'F/ ...... z,' ........ ................................ (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74- /~ AN ORDINANCE AMENDING SECTION 3.04 (3) OF THE CITY CODE PERTAINING TO PERMITS FOR REPAIR OR ALTERATION City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Section 3.04 (3) Repair or Alteration is hereby amended to read as follows: Subd. (3) Repair or Alteration. For any permit for the repair or alteration to any existing building or structure the fee charged for such permit shall be at the rate of $3.00 for each $500.00, or fraction thereof, in the cost of all proposed work included in said permit, provided however, that no fee shall be charged for issuance of such permit if the cost of all proposed work does not exceed $250.00. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the City of New Hope the llth day of February, 1974. ,-×'Edwa~fJ. Erickson, Mayor ATTEST: ~~'  Fo'uliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 21Stday of February, 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNF~PIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by fha managing officer of said newspaper or persons.in ifs 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 fha foregoing conditions for at least two years preceding fha day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of N~innesota prior fo January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State end signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on earth that the printed .~..~;...~.'...~...~...~ .~.... ~. ~. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publis~hed therein in the'English language, onceeach week, for./...successiveweeks; that it was first so published o~ .~~.-/.~ the~..l dayof ..~.~ 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: abcdofghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before me this~, ,~,. .......... day Of,,.,,,~,,,,~,,,,~,...~r~.A.D,, (NOTARIAL SEAL) Notary Public ............................... County, N~innesota N~y Commission Expires ............ ]9 .... ORDINANCE NO. 74-._4* AN ORDINANCE AMENDING 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. SectiOn 8.51 Nuisance of the City Code is' amended to read as follows: 8.51 Nuisance. The practice of going in and upon private residences in the City by Solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so tO do ]~y the owner or owners, occupant or occupants of said private residences 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 the same, is hereby declared to be a nttisance, and punishable as such nuisance as a mis- demeanor, except under the following circumstances and conditions: a. For bona-fide, non-profit organizations and causes, as approved as a non-profit organi- ization for taxing purposes by the United States Internal Revenue Service, where no compensation accrues to the caller in any way, and the only monetary gain accrues as non-taxable income to the said non-profit organization, the public welfare requires that such beneficent causes be accorded the reasonable opportuniw to raise funds, and it is deemed essential to permit such otherwise prohibited activities, as regUlated hereinafter. b. Such non-profit organizations shall register annually, for the calendar year, with the offices of the City Clerk, and shall furnish such data as required by the Clerk, but including the following: (1) ~atisfaotory evidence of the non-profit status of the organization, including its tax exempt status as to the United States Government. (2) The proposed method of operation under this ordinance, with specific reference to its P.~n to minimize any nuisance characteristics of the prop~)sed solicitations. (S) A written agreement to respect and obey any and all signs posted by a property owner prohibiting solicitation or peddling; any violation of said agreement shall be grounds for suspension or revocation of the registration of the organization for any portion of that calendar year, and .repeated violations shall be grounds for permanent or indefinite refusal to register such organization, as a nuisance. If the City Clerk refuses to register an appli- cant, the applicant may appeal to the City Manager, and if still denied registration, may appeal to the City Council, upon customary notice to be placed on the agenda. In all cases of application or appeal, the standards for quali- fication for registration as referred to herein shall be the guiding criteria for decision. Section 8.52 Abatement shall read as follows: 8.52 Abatement. The Director of Police and Police Department of the City are hereby required and directed to suppress the same, and to abate any such nuisance as is described in the first section of this ordinance. This ordinance shall be in ,effect ~fter its passag~ and publication.. Dated the/~.', day of fi-,~,~.~r.~ , 1974. ATTEST: -(~Treasure (Published in the New Hope-Plymouth Post the ?~ day of .z/~/~ ~ , 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 OF 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 et 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, 19~6 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. 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'Englis,~guage, once each week, for.~..., successive weeks; that it was first so published on .-' .~....~. ~ the..~....-~...day of~ .... 19.?..~/. and was thereafter prlnted and published on every .............. ~ ..... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication Of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before me ,his.~.-~...~. ....... day of..~~A~., 19.?.~.. ....... .......................... (NOTARIAL SEAL) Notary Public, .............................. County, N~innesota My Co m missio'~Y E~p~l~'. .~::.: ~ :.: :. ~.~ ..::: :. ~ :~ :~:~: ':': :~ i~. :. ORDINANCE NO. 74- ~ AN ORDINANCE PROVIDING FOR IMPOUNDMENT OF VEHICLES OBSTRUCTING OR OCCUPYING DULY AUTHORIZED FIRE LANES PROVIDING ACCESS TO BUILDINGS OR FIRE HYDRANTS. City of New Hope, Minnesota The City Council of the City of New Hope hereby ordains: Section I. Section 9.07 Fire Lanes of the City Code is hereby amended by adding the following: Subd. (3) Impoundment. When any motor vehicle occupies or obstructs any duly designated fire lane in a manner inconsistent with its intended use for fire protection purposes, or prevents access to any fire hydrant in the normal and usual manner by fire prevention personnel and equipment, the Fire Marshall or police department personnel may order the impoundment of the vehicle, after first making a reasonable effort in the immediate vicinity to ascertain the identity and location of the owner or other person leaving the vehicle in the fire lane. No vehicle impounded pursuant to the provisions of this section shall be released until a release is obtained from the police department and all towing and storing charges have been paid. 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 day of March, 1974. . /' E~i/'d J. Erickson, Mayor Bet¢ ~liot, Clerk-Treasurer. (Published in the New'Hope-Plymouth Post this ~./ day of March, 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENI~PIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 Hennepi~ and It has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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. (B) Said newspaper has filed with the Secretary of State of N~innesota 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 ~a~tes on oath that the printed//.(~..,/..~..".. · .".....~'..Z · .~-~..--....~:~..~... ~ ......... hereto attached as a part hereof wes 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 o~..~. th~...... ~.. day of.~'. ...... 197 .Y..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, end is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiktmnopqrstuvwx'/z--51/2 pt. Sans Subscribed end sworn to before Notary Public ............................... County, N%innesota Nty Commission Expires ................... ; .......... 19 ...... ORDINANCE NO. 74-7 AN ORDINANCE AMENDING SECTION 11.01 OF THE CITY CODE INCORPORATING PROVISIONS OF THE STATE HIGHWAY REGULATION ACT BY REFERENCE AND IMPOSING A PENALTY FOR THE VIOLATION THEREOF. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 11.01 of the City Code is amended to read: "11.01 Highway Traffic Regulation Act Incorporated .By Reference. The regulatory provisions of Minnesota Statutes Chapter 169, Minnesota Statutes, 1971 and 1973, as amended, including all extra Session Laws, are hereby adopted as a traffic ordinance regulating the use of highways, streets, alleys and private roads within the . City of New Hope and are hereby incorporated in and made a part of this ordinance as completely as if set out herein in full." Section 2. Penalty... Any violation of the statutes adopted by reference in Section 1 is a violation of this ordinance when it occurs within the City of New Hope. Any person thus violating any provision of this ordinance shall be guilty of such an offense and shall be punished by such penalty as is prescribed by such statutes. Section 3. This ordinance shall be effective from and after its pas- sage and publication. Passed by the City Council of the City of New Hope this ] 1 th day of March , 1974. /' E~rd J. Erickson, Mayor Attest: c"~B~/~tty Pouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post this 21st day of March w, 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUlqT¥ OF HENNEPIH~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as NEW HOPE-PLYMOUTH POST and has fuji knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column end 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 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 N~innesota 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...~.....' ...........~*. .. 2..~..-....~.... ~ ........ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the...~.. ?(...day o,...~: ..... 19:?../~.. and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... end 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 (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74-8 AN ORDINANCE AMENDING SECTION 12.01 OF THE CITY CODE II. ELATING TO ADOPTION OF STATE CRIMINAL CODE. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. The first paragraph of Section 12.01 of the Village Code is amended to read: "The following provisions of the Criminal Code of 1963, enacted by Laws 1963, Chapter 753 (being M.S .A. 609.01 et seq.), as amended, are hereby adopted as the ordinance prescribing certain misdemeanors within the City of New Hope and are incorporated in and made a part of this ordinance as completely as if set out herein in full: GENERAL PRINCIPLES MSA 609.02 Definitions. MSA 609.05 Liability for crimes of another. MSA 609.055 Liability of children. MSA 609.075 Intoxication as defense. ANTICIPATORY CRIMES MSA 609.17 Attempts. MSA 609.175 Conspiracy. CRIMES AGAINST A PERSON MSA 609.22 Assault. CRIMES OF COMPULSION MSA 609.27 Coercion. MSA 609.275 Attempt to coerce. MSA 609.28 Interfering with religious observance. CRIMES AGAINST A FAMILY MSA 609.375 Non-support of wife or child. CRIMES AGAINST THE GOVERNMENT MSA 609.40 Flags. CRIMES ^FFECTING PUBLIC OFFICER OR EMPLOYEE MSA 609.415 Definitions. MSA 609.45 Public officer; unauthorized compensation. MSA 609.465 Presenting false claims to public officer or body. MSA 609.475 Impersonating officer. CRIMES AGAINST THE ADMINISTRATION OF JUSTICE MSA 609.485 Escape from custody. MSA 609.50 Obstructing legal process or arrest. MSA 609.505 Falsely reporting crime. THEFT AND RELATED CRIMES MSA 609.52 Theft. MSA 609.525 Bringing stolen property into the state. MSA 609.53 Receiving stolen property. MSA 609.535 Issuance of worthless check. MSA 609.545 Misusing credit care to secure services. DAMAGE OR TRESPASS TO PROPERTY MSA 609. 555 Definition. MSA 609.565 Simple arson. MSA 609.57 Attempted arson. MSA 609.575 Negligent fires. MSA 609. 595 Damage to property. MSA 609.60 Dangerous trespasses and other acts. MSA 609. 605 Trespasses and other acts. MSA 609.615 Defeating security on realty. FORGERY AND RELATED CRIMES MSA 609.655 Alteration or removal of identification number CRIMES AGAINST PUBLIC SAFETY AND HEALTH MSA 609.66 Dangerous weapons. MSA 609.675 Exposure of unused refrigerator or container to children. MSA 609.68 Unlawful deposit of garbage, litter or like. -2- MSA 609.685 Use of tobacco by children. MSA 609.686 False fire alarms. PUBLIC MISCONDUCT A NUISANCE MSA 609.705 Unlawful assembly. MSA 609.715 Presence at unlawful assembly MSA 609.72 Disorderly conduct MSA 609. 725 Vagrancy. MSA 609.735 Concealing identity. MSA 609.74 Public nuisance. MSA 609.745 Permitting public nuisance. GAMBLING MSA 609.75 Gambling; definitions. MSA 609.755 Acts of or relating to gambling. CRIMES RELATING TO COMMUNICATIONS MSA 609.78 Emergency telephone calls. MSA 609.785 Fraudulent long distance telephone calls. MSA 609.79 Obscene or harassing telephone calls. MSA 609.795 Opening sealed letter, telegram or package. CRIMES RELATING TO A BUSINESS MSA 609.815 Misconduct of junk or second-hand dealers. MSA 609.82 Fraud in obtaining credit. 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 ] ]th day of March , 1974. .,; ....~g-dw~jL/~.?J. Erickson, Mayor Attest: ~-~e~ Pouliot, Clerk-Treasurer {Published in the New Hope-Plymouth this 21st day of March , 1974.) -3- NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 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 language, once each week, for./.., successive weeks/that it was first so published o~. ~ the...~../(. ·..~.~day of. ~.~ ....... 197..Y. and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz~51/2 pt. Sans Subscribed and sworn to before nlawful assembly. Presence at unlawful .. a,sse~lbly · ............... . ......... MS~ 60~7~72 Disorderly conduct (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission ~-~p~res .............................. 19 ...... ORDINANCE NO. 74- 9 AN ORDINANCE AMENDING SECTION 1.41 OF THE CITY CODE RELATING TO FINES AND IMPRISONMENT FOR VIOLATIONS OF CITY CODE City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 1.41 of the City Code is amended to read: "1.41 Fine and Imprisonment. Subd. (1) Fine. Any person violating any of the provisions of the 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 Three Hundred Dollars ($300), or by imprisonment for not to exceed 90 days, or both; pro- vided, however, that if a different punishment be pre- scribed for violation of a specific portion of this Code, such provisions shall govern the punishment for such violations. Subd. (2) Misdemeanor and Petty Misdemeanor. Specific mention of a violation of any of the pro- visions 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. (1) of this section." 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 IvIar ch , 1974. Attest: ~~lerk-Treasurer (Published in the New Hope-Plymouth Post this ~ day of ~ r~/ 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA { COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 end in column end 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 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction end 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 N~innesota 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 ...... ~~.....~.. ~'......~....~.. ~...~.. ...... hereto attached as a part hereof was cut ~rom the columns of said newspaper, and was printed and publi~)~ed therein in the,Fnglis~h_i~guage, once each week, for./..., successive weeks; that it was first so publisheq on ~.~. ~~/ the ,~ ..~..dayof ~ 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 the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before me this,~-~..~.. ......... day of..~....A.D., 19..?..~ (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74-/~ AN ORDINANCE AMENDING SECTION 12.21, SUBD. 2(e) OF THE CITY CODE RELATING TO POSSESSION OF HANDGUNS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 12.21, Subd. (2) (e) of the City Code is hereby amended to read as follows: Subd. (2) Specific Terms (e) "Possession" shall mean to have on or about one's person, or the area within one's immediate control and from within which one might gain control of a fire- arm. The term "possession" shall not apply to keeping, carrying, or having in custody a handgun: (i) at or in the single family residence of the person together with the land upon which it is situated, or (ii) if the person's dwelling place be other than a single family residence then, at or in that unit to which that person has a right to possession, but not the common hallways, the land upon which the building is situated, or other common areas shared with other occupants of the building. (iii) in the trunk of a motor vehicle, when such vehicle is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the motor vehicle is not equipped with a trunk. A utility compartment, glove compartment or area under a seat shall be deemed to be within the area occupied by the driver and passengers. 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 ~ day of 4~.e~, 1974. ATTEST: - ~ ~'~ ~B ~ouliot, Glerk-Treasurer (Published in the New Hope-Plymouth Post this 2~ ~ day of .... 1074.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The Post Publishing Co., publisher and printer of the newspaper known as NEW HOPE-PLYMOUTH POST and has fo II 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 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 a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'~nglis~uage, once each week, for...//.., successive weeks; that it was first so published on .~.~..~.~.....-~....~..~'~.~ the../..~. · · .~y of..~. '~ 19 ~ ~/and was thereafter pr nted and publisheq on ever 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 s_w~or/~l to before me th s '~ ~ ~ ' 2 ........................................ Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74- ]] AN ORDINANCE AMENDING SECTION 11.83 OF THE CITY CODE RELATING TO PARKING SIGN REQUIREMENTS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 11.83 of the City Code entitled "Director of Police to Cause Signs to be Posted" is hereby repealed. Section 2. This ordinance shall be in effect from and after its passage and publication. Passed by the City Council of the City of New Hope this 22 day of April, 1974. · · Edwar?~.Xl .' Erickson, Mayor ATTEST: ~ ,~ ~, ,/×~'~. ~-~c ~.~z-~? B ~P~/u lio t, Clerk-Treasurer (Published in the New Hope-Plymouth Post this , 2 day of ~ay , 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF I~IINNESOTA ~ SS. COUNTY OF HENNF..PIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 prlnted . f..,~..~C~.'~..~-~.......'~..~---9.:..7...'~/'..'~ .~. ?.. ......................... hereto attached as a part hereof was cut from the columns of said newspaper, and wes printed and publi~hed therein in the'English la~guage, onceeach week, for..?...successiveweeks; that it was first so published on..~..~..~..~..,~.~4~....~..~ the.~..~ay of .~.~ ........... 19..]~..?/. and was thereafter printed and published on every ................. .~... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz~51/2 pt. Sans Subscribed and swor~ to before (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74- ] 2 AN ORDINANCE AMENDING SECTION 3.50 AND SECTION 9 OF THE CITY CODE PERTAINING TO PERMITS FOR INSTALLATION OF FIRE ALARMS AND PROTECTIVE SIGNALING SYSTEMS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Sections 3.50, Subd. 12, A - I, Automatic Fire Detector and Alarm Systems, and 3.0~, Subd. 14, Application to Existin~ Buildings are hereby repealed and deleted. Section 2. Section 9 of the City Code, Fire Regulations, is hereby amended by adding thereto the following: 9.10 Automatic Fire Detector and Alarm Systems. A) Local Protective Signaling System 1972 Edition Adopted. There is hereby adopted by the City and incorporated into this Code for the purpose of prescribing standards for the installation, maintenance and use of local protective signaling systems, that certain code known as "Standard for the Installation, Maintenance and Use of Local Protective Signaling Systems for Watchman, Fire Alarm and Supervisory Service", prepared by the National Fire Protection Association, for general circulation and use, as the same appears in a pamphlet entitled "Local Protective Signaling Systems 1972 (hereafter referred to as NFPA No. 72A) save and except such portions as are hereafter modified or amended, of which Code three copies have been marked "Official Copy" and filed for reference and inspection in the office of the Clerk-Treasurer. B) Definitions. The following words and phrases when used in Section 9.10, shall have the meanings as set out herein: 1) Approval. "Approval" means all equipment shall be listed and meet approval of Underwriters' Laboratories, Inc., Factory Mutual, or other nationally recognized testing agency. Manual stations and fire detection systems shall be used for fire protective signaling purposes only. 2) Approved. "Approved" means accepted by the Fire Marshal as a result of his investigation and experience, or by reason of test, listing or approved by Underwriters' Laboratories, Inc., Factory Mutual, or other nation- ally recognized testing agencies. 3) Automatic Fire Detection and Alarm System. "Automatic fire detection and alarm system" means an approved system of automatically operated heat, smoke and combustion sensing devices, together with manual pull stations as required, which through approved coding transmitters, annunciator panels, or combination thereof and an approved supervisory type fire alarm panel shall actuate audible and/or visual alarms throughout the building, and shall provide a light or bell on the exterior of the building as specified by the Fire Marshal for said purpose. 4) Listed. "Listed" means equipment or materials included in a list published by a nationally recognized testing laboratory that maintains periodic inspection of production of tested equipment or materials, and whose listing states either that the equipment or materials meet nationally recognized standards or has been tested and found suitable for use in a specified manner. 5) Public Occupancies. "Public Occupancies" shall mean all occupancies described in Sections 4-111 through 4-121, save and except Section 4-115 (e) of the NFPA Life Safety Code, 1970 Edition. -2- C) Automatic Fire Detection and Alarm System: When Required. Every building of every multiple residence containing three or more living units shall be provided with a fire detection and alarm system. Every other public occupancy may install such a system after obtaining a permit to do so in the manner described in Section D below. D) Installation Permit Required. No fire detection or alarm system shall be installed in any public occupancy without a permit first being approved for this purpose, by the Fire Marshal. Such permit shall be issued upon furnishing satisfactory evidence to the Fire Marshal of compliance with the requirements of NFPA Pamphlet 72A, 1972 Edition, adopted heretofore by reference, and Section 9.10 of this Code. E) Detailed Requirements. 1) Wiring. All wiring shall comply with the requirements of NFPA No. 72A. 2) Electric Service. Electric service to fire alarm system control panel shall be taken from a point ahead of the building main disconnect and through a circuit breaker or fused disconnect, clearly labeled, painted red, and locked in "On" position. 3) Control Panels. The control panel shall be electrically supervised, closed circuit, non-coded, with automatic standby emergency power supply capable of complete operation independent of local power conditions, automatic lock-in and two signal circuits. The electrical circuits connect- ing the control panel, alarm stations and detector circuits shall sound in the event of failure on any of the electrical circuits. In addition, a remote trouble signal shall be provided in a corridor or other approved occupied area. The panel shall be enclosed in a locked metal case, red in color. -3- 4) Manual Pull Stations. Manual pull stations shall be red in color, and located in each corridor of each story, basement or cellar, so that from each corridor door, not more than one hundred (100) feet will be transversed in order to reach a manual station. Stations shall be located as near as possible, and not more than five (5) feet from each stair exit. Where corridors are not provided, manual stations shall be located so that no point in the building is more than one hundred (100) feet from a station. Manual stations shall be located at or near each exit from the building. The height of the manual stations shall be not more than five (5) feet and not less than four and one-half (4-1/2) feet, measured vertically from the floor level. 5) Sounding Devices. Alarm sounding devices shall be provided of such character and so distributed as to be effectively heard in every room above all other sounds. Visual and audible alarms shall be provided in occupancies housing the hard of hearing. Alarm sounding devices shall be dis- tinctive in pitch and quality from all other sounding devices in building. 6) Fire Detection Devices. Approved fire detection devices shall be installed in strict accordance with spacing ratings assigned by the approval agency listing the device and/or the spacing regulations provided in NFPA No. 72A. Smoke or combustion detection devices shall have full electrical supervision to indicate internal component failure. 7) Annunciators. Fire alarm annunciators or zone indicator panels shall have power and wiring electrically supervised, shall lock in on alarm until the system is manually reset, and shall be located as approved by the Fire Marshal. 8) Automatic Magnetic Door Closers. Automatic magnetic door holders shall be installed on all fire or smoke barrier doors in corridors in a manner which will insure the doors automatically closing when the fire alarm system in the building is activated. -4- F) Existing Multiple Residence Dwellings. As to Multiple Residences, automatic fire detection and alarm systems provided or installed in an existing building shall comply with the standards provided in this subdivision, provided that notwithstanding clause (E) (6) of this sub- division, fire detection devices shall be installed as follows: In all bedrooms or rooms for sleeping quarters, in a living, dining and kitchen combination room if a ceiling drop of less than 12 inches is used -- if a drop of more than 12 inches is used additional devices shall be installed. Detection devices shall be installed in all corridors at intervals not to exceed 50 feet, in all boiler rooms, laundry rooms, storage areas, fire towers and at the top of all elevator shafts and/or the locations noted in Paragraph 3431, Chapter 3 of NFPA No. 72A. The fire detection devices shall be located in the rooms so that their operation will be least affected by structural characteristics of the pro- tected area, possible drafts or other conditions affecting detector operation, which locations shall be subject to the approval of the Fire Marshal. G) Testing. All such alarms and systems installed under this Code shall be subject to testing by the Fire Marshal or other City In- spector before acceptance, and shall thereafter be tested annually by an agency approved by the City. All such annual tests shall be conducted in a manner approved by the Fire Marshal, pursuant to authority vested in him by NFPA 72A. H) Existin~ Systems; Extension. If an existing automatic fire detection and alarm system is in conformity with the provisions of this Code, the system may be extended into new additions, provided the existing system is of sufficient capacity for the new expansion, and provided the existing system be refurbished so that the com- pleted system shall comply in every way with the Code. I) Compliance Date for Non-Conforming Buildin~ -- Automatic Fire Detector and Alarm Systems: Multiple Residences. (i) Three and Four-unit Buildings. All existing uses or buildings and buildings now under construction of three or four living units, in -5- non-conformity herewith, shall be corrected, con- verted, modified, adjusted or otherwise made to comply, with the above requirements not later than June 30, 1975. (ii) Other Multiple Dwellings. Ail existing uses or buildings and buildings now under construction, containing five or more living units, in non-conformity herewith, shall be corrected, modified, adjusted, or otherwise made to comply with the above requirements not later than October 1, 1974, provided however, that the Council shall have power pursuant to Section 3.54 of this Code, to grant adjustments on the time of compliance as to all or part of the work but no adjustment shall be granted postponing the time of the compliance beyond June 30, 1975. The Council may impose conditions in the granting of adjustments to insure minimum standards of safety. (iii) Adjustment Fee. A person desiring an adjustment as provided above shall submit an application in writing, to the Clerk- Treasurer on forms prescribed by the Manager, copies of which are available at the City Hall, together with a fee of Seventy-five Dollars ($75) (one time payment). Such forms shall be duly signed by the petitioner who shall recite therein, in such general terms or particularity as the Manager or Council may require, the details of the adjustment or variance that is applied for. Such applications may be submitted annually, provided that the $75 fee shall be payable only with the initial application. J. Fee. There shall be payable at the time an application for a permit is submitted, a minimum fee of Five Dollars ($5), and One Dollar ($1) per One Hundred Dollar ($100) valuation of any system or fractional part of One Hundred Dollars ($100) in excess of Five Hundred Dollars ($500). Section 3. Section 9 of the City Code, Fire Regulations, is hereby amended by adding the following: -6- 9.11 Automatic Signaling Systems. A. Remote Station Protective Signaling Systems. There is hereby adopted by the City and incorporated into this Code for the purpose of prescribing standards for the installation, maintenance and use of remote station signaling systems, that certain code known as "Standard for the Installation, Maintenance and Use of Remote Station Protective Signaling Systems for Fire Alarm and Supervisory Service", prepared by the National Fire Protection Association, for general circulation and use as the same appears in a pamphlet entitled, "Remote Station Protective Signaling Systems, 1972 Edition" (hereafter referred to as NFPA No. 72C) save and except such portions as are hereafter modified or amended, of which Code three copies have been marked "Official Copy" and filed for reference and inspection in the office of the Clerk-Treasurer. B. Permit Required. No remote station signaling system shall be installed, where required or otherwise, unless a permit shall first have been approved by the Fire Marshal. Such a permit may be issued upon furnishing evidence satisfactory to the Fire Marshal of compliance with the provisions of NFPA Pamphlet No. 72C, 1972 Edition. C. Fee. There shall be payable at the time of submitting an application for approval, a minimum fee of Five Dollars ($5), plus an additional One Dollar ($1) per One Hundred Dollar ($100) valuation of a proposed system, or fractional portion thereof, in excess of Five Hundred Dollars ($500). Section 4. This ordinance shall be effective from and after its passage and publication. Passed by the City Counc. jl of the City of New Hope this 22 day /-' Edward/J ~ Erickson, Mayor Attest: ~-Z~/~z. ~/~_~~? '~(Ti~y~/P ouliot, '., Clerk:Treasurer (Published in the New Hope-Plymouth Post this .2 day of 'May . 1974.) --7-- AN ORDINANCE AMENDING quarters, in a li~J~l-~, ~i~it~g:~a-~ '~- SECTiO~SECTION? kitch~ combi~tion r~m if a ~j OF TH E C~ ~PERTAI N I NG ceiling dr~n 12 in~ is ; ' TO ~ER~ITS FOE iNSTALLATION us~ ~ if-~d~-,~ore than 12 OF FiRE ALARMSAND inch~ is us~ addfti~al devic~ pROTECTIVE SIG ~ALING shall be installed Detection SYSTEMS. devic~ shall-~ installed in all ~ City of New HO~, Minnesota corridors at info.als ~t to exc~ The Ci~ Council ~ the City ~ New ~ f~, in a ~iler r~ms, laundry r~ms, storage areas, fire toWers ~ or. ins: Sections 3~, Su~. ~2, A- and at the top ~ all eleva~r sha~ Fire Detector and Alarm and-or the locations noted P~-~O~ ~O~T and 3~, Su~. 14, Ap- Paragraph ~1, Chapt~ 3 ~ ~ '0tOt' to Existing Euildings are NFPA NO. 7~. The fire dete~J~ ~o3 6u~do~ OF PUBLICATION .. So.ion 9 ~ the City C~e, r~ms so ~at their o~ration will 0J 6 Regulations, is hereby am~d~ ~ least affect~ by stru~ural thereto ~e followi~: cnaract~isti~ of the prot~t~ Automatic Fire Detector and area, ~ssible drafts or o~ Systems. - conditions affecting detector ;'4zgt'~g an~ I Local Protective Signaling System o~ra/i~, which I~atio~ shall ~ 1972 Edition Ado~. sublet to the approval of ~ Fire There is hereby adopt~ by the Ci~ Ma~l. and incor~rat~ into this Code ~ G) Testing. g ~ pr~cribing start- All such alarms and s~tems in. ~!dAl the installation, main- stall~ ~ this C~e shall ~ . :~ and use of I~al protective sublet to testing by the Fire ,, ' s~tems, ~at c~tain ~r~a or oth~ Ci~ Ins~ctor ' . known as "Standard ~r ~e before acceptance, and shall sng ~sJe~-~q j~t[g'e3,A: ~ ~ Local Protective Signaling s stems for Watchman, Fire and Supe~i~ Service," du~ in a manner approved by ~qS Xe~auez ON a~ez.~ p~ OPE-PLYMOUTH POST the Fire ~rshal, .pursuant ~o ~ ~ ~ u~Jad u! AlddV ~q~'eRa,: ~asfollows by the National Fire authority vest~ in him by NFPA i ~d~ A~ ~aA'ap ~Ja~em ~Zi~L .~ : and use, as the same 72A~. '*" --- h anguage in newspaper format and n co umn and sheet form equ va ant 'LS~ ~ (2) ' ' in a pamphlet entitl~ H) Existing Systems; Extension. '~ul oa,a newspaper is a weekly and is distribut~ at least once each Protective Signaling If an existing automatic tire q ~ its ne~ columns, devot~ to ne~ of local interest to the communi~ det~tion and alarm s~tem is n m~ ~ duplicate any other publication and is not made up entirely of patents, :PA No: 72A) save and except conformi~ with the ~ovisiom ~ · Jo Aep '=~spaper is circulat~ in and near the municipality which it pur~rts as are hereaft~ this ~e, the system may ~ vered to paying subscribers, has an average of at least 75 perc~t of its or amended, of ~ich extended into new additions, :pn three months in arrears and has entry as second-class matter in its three copies have been provided the existing s~tem is ~ 4uome~ [-[& ~ts to serve the mark~ "Official Copy" and fil~ sufficient capacity for the n~ ~nq 'sJw ~e-u-- ~ LnL ~[r~;~i:~ o, ~am. , · . , -. ' NEW HOPE AND PLYMOUTH for r~er~ce and ,ns~tion in ~e ::~'~,e N, ~ice of the Clerk-Treasurer. ' ~ ~: ~ office of i~ue in the City ~ Crystal in said county, establish~ and open B) Definitions. ~at ~e ~mp et~ system ~all . . . ~ '~gL*~c 'Aa-e- -~-:--: ~ . '-~.r~Sthering of news, sale ~ adve~isements and sale of subscriptions and comply ln every way w th the Code ~ ~ ' ~ ~lu~ ~u~ ~ a eror erso~sm~t e I , The:~ll~i~ ~r~ and ~hras~ ' ' ~'AJeles~o-l~s~e---~c' ' '~h~ p p p .' ' smp oy end subje~ to his direction and control ~ us~ in S~tion 9.10, shall I) Compliance Date for Non-.ih~em j~ Ou~,~ ~-I~"P~AiP ~ ~me sa d ne~paper s pr nt~. (6) Said n~spaper fil~ a ~py of each have the meani~s as s~ ~t Conforming Building Au~matic ~ .-~- ~,~ n~ mini ~ ~*" ~ Sa d news-a-er has corn- -~ w*t~ the' n -- ON,.~.',~-- ~ r . ~ ' ~''~'X' X'/ ' ~ H p ~ I n a tor~ g conalTions h~ein: Fire Data.or and Alarm S~stems: ~ m==~dbl. IOH ' ~ ' ares of publication mention~ below. (8) Said newspaper has fil~ with 1) Approval. Multiple Residences. . . ~9-~ 'a~OH:~sjnN daz~e~q~s ~ ~January 1, 19~ and each January 1 thereaf~r an affidavit in ~e form Three and Four umt Bmldtngs d "~proval' me~s all ~uipm~t (i) - ' 'Y ' O '~ Us IIY 'ale~a~' ~r ale~ gn~ by the managing officer of ~id newspaper and sworn ~ b~ore a All ex~sti~ us~ or bu dings and SINVZ~ISS~ ~'~,e'~' ' ~ "~al newspaper shall ~lis,. and m.tapprova, ~ ~:~ ~ '.:9~N'SaRN a~::: ' ' Unde~riters' Laboratori~, Inc., bu Id ~s ~ u=r =t ~~x~ 2.~% Factory Mutual, or other ~thr~or f~r Ii ' g ' ' ' '~ Jaz ~ ~' ; ~: OH ,~ , nationally recogniz~ testing conformity herewith, shall be~,. L_ q3SiJ~l~jO-~qs ,. ~: , ~.i lJea ~ IIn~'S,'Ndq ~[ S,N~ m the columns of said newspaper, and was printed and publish~ ~erein in ... succ~sive wee~; that it was first m published on the..~ ..... day of,ZZ~ ...... 19.~ .f;nd was thereafter .... printed and publish~ 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, ~th inclusive, and is hereby acknowi~g~ as being ~e size and kind of ~pe us~ in the composition and publication ~ said notice, to wit: abcdefghijklmnopqrstuv~yz--SV~ or. Sans Subscribed and swoT to before (NOTARIAL SEAL) Notary Public .............................. County, AAinnesota My Commission Expires....' .......................... 19 ...... ORDINANCE NO. 74-15 AN ORDINANCE AMENDING SECTIONS 7.00 THROUGH 7.14, INCLUSIVE OF THE CITY CODE RELATING TO CONTROL OF DOGS AND OTHER ANIMALS The City Council of the City of New Hope ordains: Section 1 Section 7.05, Subd. (4) is amended to read as fo 11 ows: Subd. (4) Reclaimin9 Animals and Fees The owner of any animal so impounded may reclaim such animal upon payment of the license fee, if such license is re- quired but unpaid; the impounding fee and the boarding charges. Fees in connection with the boarding, impounding, euthanasia and similar services shall be as set forth by City contract with the Animal Pound. In the event the impounded animal has not been vaccinated for rabies, and evidence thereof is not presented to the Poundmaster as provided in Section 7.08 the Poundmaster may accept a deposit of'$10.O0 cash, in addition to the other charges provided for herein, and the animal shall be released to the person claiming the animal as owner. The $10.00 deposit shall be released to the o~ner by cash or check if a certificate of vaccination is pre- sented wi'th~n 30 days after the $10.00 deposit is made. The Poundmaster shall issue numbered, dated receipts for all pay- ments, including the $10.00 deposit. The Poundmaster shall withhold delivery of the license for the animal until the vaccination certificate is presented to him. Unclaimed licenses and unclaimed $10.00 deposits shall be turned over to the City within 30 days after the expiration of the 30 day deposit period. No deposits, or any portion thereof, shall be refunded by either the Poundmaster or the City after 30 days from the date of the deposit, and such deposit shall be forfeited to the City. 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 lOth day of June, 1974. B~uliot, City Clerk (Published in the New Hope-Plymouth Post this 20th day of June, 1974). NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNa-PIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 metier in its local post-office. (5) Said newspaper purports to serve the CITIES O'F NEW HOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 19~ and each January 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~nglish languag/~once each week, for...~i, successive weeks; that it was first so published on .~/,~....~.... ~.. the ~) day of~'z ~'~ 19 ~ ~7//and was thereafter r nted and ubl,shed on ev .......... ~?- ...................... P P ' ery ..................... 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--5½ pt. Sans ......... ............................ Subscribed and ~/~ to before ~ me this ~''/ ...~..i ........ day ef.~ AD 1¢~ (NOTARIAL SEAL) Notary Public ...... My Commission Expires...~...~. ~ ..... 1~.~. ~ ORDINANCE NO. 74-]4 AN ORDINANCE AMENDING SECTION 8.143 (1), 8.143(2) and 9.102 (6) OF THE CITY CODE, RELATING TO GARBAGE AND REFUSE COLLECTORS, AND TO WASTE STORAGE, COLLECTION AND DISPOSAL. City of New Hope, Minnesota The Council of the City of New Hope ordains: Section 1. Section 8.143 of the City Code, Subd. (1), Rates, is amended by inserting the word "residential" as the second word of the para- graph, the first three words to read "Each residential collector". Section 2. Section 8.143 of the City Code, Subd (2), Routes, is amended by inserting the word "residential" as the second word of the paragraph, the first three words to read "Each residential collector". Section 3. Section 9.102 (6), Location of Residential Waste Containers on Pickup Day, is amended by the addition thereto of the following sentence, at the end of the existing language: "The City Council may, by resolution, designate a two week period in both spring and fall during which bulky material may be placed on the curb side for the purpose of facilitating seasonal cleanup of residential properties." This ordinance shall be in full force and effect upon passage and publi- cation. Dated the 24th day of June , 1974. / ~ Mayor ATTEST: ~~asurer (Published in the New Hope-Plymouth Post this 4th day of July , 1974. NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 seco~d-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 Crystal in said county, established and open during its regular business hours for the gathering of news~ sale of advertisements and sale of subscriptions and maintained 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 et 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.....~..~ ....... ~Z .~...~...~..~... ................................ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'English la,nguage, once each week, for/.., successive weeks; that it was first so pobllshed on~-~~.~ 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 t~ before .......................................... Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... · . ORDINANCE NO. 74-] 5 AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF NEW HOPE AS TO SECTION 4.31 PERMITTED TEMPORARY USES, SECTION 4.44 (6) LISTING OF TEMPORARY USES. The Council of the City of New Hope ordains: Section 1. Section 4.31, Permitted ~Uses Subject to Licensing is amencl~l-t~ read as follows: by the addition thereto of Subd. (2), as follows: Subd. (2) In RB, LB and GB districts carnivals and circuses are permitted subject to licensing as promotional activities in conjunction with developed commercial uses. Section 2. Section 4.44 (8), In Ail Districts - Temporary Uses, is amended by the addition at the end of said section of the following uses: Carnivals or circuses when operated as a separate commercial business for a period not to exceed 15 days. Community activities by non-profit civic groups, such as the Lions Club Annual Community Festival, upon approval by the City Council of the proposed program as being in harmony with area uses, and upon issuance of appropriate permits and licenses. Unnumbered paragraph two of said section is amended to read: Black-top or crushing plant for highway materials. Section 3. This ordinance shall be in effect after its passage and publication. Dated the 22nd day of July , 1974. -- ~J~ .//~-'~ - - /fV~l'ayor Attest: ~ .~~ ,~c~/ f// Bet~Pouliot, Glerk-Treasurer Published in the New Hope-Plymouth Post this ]st day of August , 1974. NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA [ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 publi~ed therein in th~Eng~ish~ang~ag~n~eachw~k~f~r~/..~s~cc~ssi~ks;that~wasf~rs~s~pub~ished~~~-~/ the..,/.....~.., day of.~'~..~... ]9.?../C/.. and was thereafter printed and published °n every .................. ~ to end including the .......... day of ........................ ]9 ...... and that the following is a printed copy of the lower case alphabet from A toZ, 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: ebcdefghiiklmnopqrstuvwxyz--S1/2 pt. Sans Notary Public ............................... County, Minnesota AAy Commission Expires .............................. 19 ...... ORDINANCE NO. 74-16 AN ORDINANCE ADDING SECTION 8.180 TO THE CITY CODE RELATING TO LICENSING OF CARNIVALS AND CIRCUSES City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Chapter 8 of the City Code is hereby amended by adding thereto the following: 8.180 Licensing of Carnivals and Circuses 8.181 Definition. Circus or carnival shall be defined as any form of entertainment occompanied by side shows, rides, games and refreshments, operated as a commercial enterprise, and which is intended to operate at a specific location for a limited period of time. 8.182 License required No person shall set up or operate any circus or carnival form of entertainment without first obtaining a license fee therefor in the amount of $25.00 for each separate place of operation. 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 22md day of July, 1974. ~dwar~.' Eriekson, M~yor B~-~t~Fouliot, Clerk-Treasurer Published in the New Hope-Plymouth Post ..A~gU~t.3.,..]974 · NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~. SS. COUNTY OF HENNEPIN E.C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 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 end 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction end 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 N~innesefa prior to January ], ]966 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. 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'Englis~h ~'nguage, onceeachweek, for.../.'.successiveweeks; thatitwasfirstsopublishedon ~...~~~-~ the .~. ~day of~.~..,~..~.~ 19~ ~/' and was thereafter printed and published on evell ............ ~w to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, beth 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 andre before me this..~. ............. day of~..~...A.D., 19.?..~. Notary Public, .............................. County, Minnesota Nty Commission Expires .............................. ]9 ...... ORDINANCE NO. 74-/17 AN ORDINANCE AMENDING SECTION 3.164 (a) OF THE CITY CODE RELATING TO FENCING FOR SWIMMING POOLS City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Section 3.164(a) is hereby amended to read as follows: 3.164 Enclosed by Fence. Subd. (a) Pools on Location. All swimming pools to be constructed or which are already constructed shall be completely surrounded by a fence or wall not less than 4 feet in height, and not less than four feet from the pool edge, which shall be so constructed as not to have openings, holes or gaps larger than 4 inches in any dimension, except for doors and gates; if a picket fence is erected or maintained, the horizontal dimensions shall not exceed 4 inches. A dwelling house or accessory building may be used as part of such enclosure, but otherwise the fence or wall shall be erected on the ground. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. The fence shall be a type not readily climbed by children. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the City Council of the City of New Hope this day of~.~57~ , 1974. I~~u-liot, Clerk-Treasurer Published in the New Hope-Plymouth Post the and days of , 1974. NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA [ COUNTY OF HENNEPIN~ SS. · ~ being duly sworn, on oath says he is and during all the times herein stated has been the 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 currently paid or no more than three months in arrears and has entry as second-class melter 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 et 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 1wu 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 notarypublic stating that the newspaper is a legal newspaper. He further states on oath that the printed ~ .~.~.~-..2.~...~.. ~.)..~.. ~../...~.. ..................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'English langu/~ge, once each week, for./..., successive weeks; that it was first so published on~~/.. 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--51/2 pt. Sans Subscribed and sworn to before Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74-1~ AN ORDINANCE ADDING SECTION 2. 410 TO THE CITY CODE PROVIDING FOR THE ESTABLISHMENT OF A HERITAGE PRESERVATION COMMISSION. City of New Hope, Minnesota The City Council of the City of New Hope hereby ordains: Section 1'. Chapter 2 of the City Code, Government and Governmental Units, is hereby amended by adding the following: "2.410 HERITAGE PRESERVATION COMMISSION 2.411 Establishment and Purpose. There is hereby established a Heritage Preservation Commission as an advisory body to the Council for the purpose of preserving, where structurally and economically feasible, within the borders of New Hope, buildings, land, areas or districts which are determined by the Commission to possess particular cultural, architectural or educational value to the community as a whole. 2. 412 Powers and Duties. The Commission shall have the duty of receiving and investigating petitions or requests for a determination that a particular building, area of land, or district possesses characteristics which characterize it as having historical or cultural significance to the community as a whole. Any such determination shall include a comprehensive cost analysis to be supplied by the petitioners, as to the estimated costs of improving, rebuilding and maintaining any building or any other item in a manner designed to promote the educational, cultural and general welfare of the public. The Commission may also, where necessary, recommend use variations to the zoning ordinance. The Commission shall also be em- powered to seek, where possible, private funding and governmental grants for the costs of preservation and maintenance, including dona- tions, and rental agreements, subject to the prior approval of the City Council. The Commission shall also have such other powers and duties as may be delegated to it from time to time by the Council. 2.413 Terms of Office, Membership and Composition. The Commission shall consist of five members, 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 1 to December 31 of each year. The Commission, at its initial meeting, and each year thereafter, shall choose a chairman, who shall preside at all meetings held during that year. 2. 414 Vacancies and Removal of Members. Vacancies shall be filled by the City Council for the unexpired term. A member of the Commission may resign upon written notification to the Commission of his intent. The Commission may by vote of a majority of its members, petition the Council to dismiss any member of the Commission at such a time in its judgment, the best interests of the Commission are not being served by a member. The Council shall take such action as it deems necessary by a majority vote. 2. 415 Meetings. The Commission shall meet as is deemed necessary at the dis- cretion of the Commission but not less than two times annually. The meetings shall take place in the City Hall. The Commission meetings shall be open to the public. The order of business shall be conducted by the same rules of parlimentary procedure which govern the op- erations of the City Council, except where manifestly inconsistent. Special meetings may be called by the chairman or three members in accordance with the Commission by-laws. All meetings shall be open to the public and shall be held and conducted in compliance with the open meeting policy of the City of New Hope and State of Minnesota. 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 12th day of August, 1974. ~ ~ ~ Edwa~J~ Erickson, Mayor cZ~tf Pouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post this ~,Z day of August, 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN -E. C. L.'H~. aunt, being duly sworn, on oath says he is and during all the times herein stated has been the 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 malter in its local pos?~of?~r~k~(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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or personsin ifs 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 N~innesota 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 .~.~~-... ·..~... :../?...~..~..~..~ .~.. .................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and ,~.blish~:i therein,.in the'English langua~ge, once each week, for../.~., successive weeks; that it was first so published on..~..~..~ .~ .-~..~,~ t h e 5P?~. ..... d a y 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~51/2 pt. Sans Subscribed and sworn to before ....... ....... (NOTARIAL SEAL) Notary Public, .............................. County, N~innesota N~y Commission Expires .............................. 19 ...... ORDINANCE NO. 74- 19 AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF NEW'HOPE AS TO SECTION 4.21(7) GENERAL INDUSTRY DISTRICTS, SECTIONS 4.43(3)(b) IN INDUSTRIAL DISTRICTS AND SECTION 4.44(5) IN INDUSTRIAL DISTRICTS. The Council of the City of New Hope ordains: Section 1. Section 4.21 (7) G~ General Industry Districts is amended to read as follows (new wording underlined): Areas which, because of availability to thoroughfares and railroads, suitable topograph, and isolation from residen- tial areas,are appropriate for manufacturing, warehousing, and similar uses generally considered as "industrial", or which are appropriate for large scale activities of a sociological nature not suited to other districts, but reasonably compatible with the same characteristics suitable for General Industrial Use. Section 2. Section 4.43(3)b, In Industrial Districts is amended to read as follows: The use will provide an economic return to the community commensurate with other industrial uses that the property could feasibly be used for. In considering the economic return to the community, the Planning Commission and Council may give weight to the sociological impact of a proposed use, both,positive and neqative. Section 3. Section 4.44(5), In Industrial District is amended by the addition at the end of s-~-~ section of the following use: In the GI district only, private, non-profit social service organizations providing braod based family and individual activities of a health, athletic, and social nature, providing the site to be used has direct access to a county highway and the conditions of 4.42(3) are met. Section 4. This ordinance shall be in effect after its passage and publication. Dated the 9th day of September 1974 Attest: ~~ Bei;~)ja~P6u/) for, C1 erk-Treasurer Published in the New Hope-Plymouth Post this l~tb day of Se~otembe~ 1974. NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN ~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during ell the times herein stated has been the 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 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 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 to before a notary public stating that the newspaper is a legal newspa, per. He further states on oath that the printed ~.~'~...~.....'c~...~....'..'.~...~..~..~. ............................. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'English le,r~guage, o~ce each week, for. ~... successive weeks; that it was first so published o~ . .~...~.~.~/. the /~ dayof,Z~'~-~-~ ,,~ end was thereafter pr nted and ub shedonever V 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 s~r to before / me y (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ~ SS. ~:'~2~-'l'l~,va,e~, being duly sworn, on oath says he is and during all the times herein stated has been the 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 o~ 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in ifs 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 N~innesota 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 ~ .~/-?z~-...//~. · .~./..~... '..~c.-.~.....'.-..b~../: ~. '~'//..h .'~. -. -~.~! ......... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'Englishl~,a.n~e~,~e, onceeachweek, for..~..successiveweeks;that twasfrstsopublishedon '.~.~'~,~ the ~:~C? ~of ~-G~.,~.....~... 19-~Landwasthereafterpr ntedandpub shedonevel ............... 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--51/2 pt. Sans Subscribed and sworn to..before (NOTARIAL SEAL) Notary Public, .............................. County, N~innesota N~y Commission Expires .............................. 19 ...... ORDINANCE NO. 74- 20 AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY CODE, DESIGNATING FLOOD PLAINS IN OR ABOUT BASSETT'S CREEK; REGULATING THE USE AND DEVELOPMENT THEREOF: ESTABLISHING A FLOOD PLAIN MANAGEMENT PROGRAM WITHIN THE CITY OF NEW HOPE. The City Council of the City of New Hope ordains: 4.700 The City Code is amended by the addition of the following: 4.701 Title. This ordinance may be cited and referred to as the Flood Plain Management Ordinance. 4.702 Policy.. Subd. (1) It is found and determined by the City Council that the lands within the flood plains of Bassett's Creek in their natural state are an invaluable land resource: that development within the flood plains must be regulated on the basis of and with proper consideration of the impact on the total creek along its full length, that lands within the flood plains are or may be subject to loss or improvement of value through uncoordinated and unplanned development; that the proper management of development of such lands is essential to avoid rapid runoff of surface waters, to prevent pollution of the Creek, to pre- serve adequate ground water infiltration, to protect surface and ground water supplies, to minimize periodic flooding resulting in loss of life and property; to prevent interruption of governmental services, extraordinary public expenditures to control runoff, and impairment of the tax base, all of which adversely affect the public health, safety and welfare. Subd. (2) Purpose. It is the purpose of this ordinance to guide and regulate the orderly development of land within the flood plain by establishing a system of management of the flood plain to effectuate the policy set £orth in Subd. (1). It is further the intent of the ordinance to establish a uniform flood plain management program, consistent with the needs of individual cities, for all cities having lands within the flood plain of Bassett's Creek to maximize the coordinated efforts of all members of the Bassett's Creek Flood Control Commission (hereinafter referred to as "Flood Control Commission") in flood plain management, and to secure for the benefit of the citizens of New Hope the benefits of the National Flood Insurance Act of 1968 as amended. Subd. (3) Statutory Authority. This ordinance is enacted pursuant to Minnesota Statutes, Chapter 104. 4.703 Definitions. Subd. (1) For purposes of this ordinance the terms defined in this Section have the meanings given them. Subd. (2) "Board" means the Board of Adjustments and Appeals of the City. Subd. (3) "Commission" means the City Planning Commission. Subd. (4) "Commissioner" means the Commissioner of the Minnesota De- partment of Natural Resources. Subd. (5) "Council" means the City Council. Subd. (6) "Flood Plain" means the areas within the City which are subject to flooding and which lie below the elevations shown on the official flood zone profile appended to this ordinance. Subd. (7) "Obstruction" means any storage of material or equipment, any dam, wall, wharf, embankment, levee, road, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, deposit, clearing of trees or vegetation, structure or matter in, along, across, or projecting, in whole or in part, into any flood plain. -- 2 -- Subd. (8) "Structure" means anything that is built or constructed, an edifice or building of any kind, or some piece of work artifically built up or composed of parts joined together in some definite manner, whether of a temporary or permanent character. Subd. (9) "Zoning Ordinance" or "Zoning Code" means the zoning ordinance of the City: "Building Code" means the State Building Code. Subd. (10) "Regulatory Flood Proetection Elevation" means a point not less than one foot above the elevation of the flood plain, plus any increases in flood heights attributable to encroachments on the flood plain. It is the elevation to which uses regulated by this ordinance are required to be elevated or floodproofed. Subd. (11) The definition of other terms related to flood plain management contained in the Regulations of the Commission of Natural Resources contained in Reg. N.R. 85-93- (C) are hereby adopted by reference and made a part of this ordinance as if fully set forth herein. Subd. (12) "Flood Plain Administrator" or "Administrator" means the City Office designated as such by Section 4.708 of this ordinance. 4.704 Establishment of Flood plain. Subd. (1) Lands Subject to Ordinance. This ordinance applies to all lands within the City which are subject to flooding and which lie below the elevations shown on the official flood plain profile. Subd. (2) Establishment of Flood Plain. The flood plain consists of all lands which lie below the elevations shown on the official flood zone profile on file in the Protective In- spection Department in the City Hall, a copy of which, reduced in -3- size, is appended to this ordinance. A schematic representation of the flood plain, based upon the profile, is also appended to this ordinance for reference and information. The flood plain districts hereby established are part of the official zoning of the City. Subd. (3) Official Flood Zone Profile. The profile on file in the Protective Inspection Department, to- gether with explanatory matter attached thereto, is the official flood zone profile and prevails over the profile and schematic representation appended to this ordinance. The official flood zone profile is hereby adopted by reference and made a part of this ordinance. The profile is open to inspection by the public during normal business hours of the City. Subd. (4) Boundaries. The boundaries of the flood plain shall be determined from elevations shown on the Official Flood Zone Profile. Schematic representations of the flood plain boundaries are included in the Watershed Management Plan for Bassett Creek and is appended to this ordinance for reference and information. Copies of topographic maps indicating the location of the flood plain shall be on file in the city office for informational purposes. However, where the exact location of flood plain boundaries are to be determined, the Official Flood Zone Profile and actual field elevations shall control. Subd. (5) Flood Hazard Areas. The flood hazard areas are hereby designed as those lands lying below the elevation shown on the official Flood Zone Profile. 4.705 Methods Used to Analyse Flood Hazard. Subd. (1) Management Plan. Consistent with standards established by the Minnesota Depart- ment of Natural Resources, "the Watershed Management Plan for the Bassett's Creek Flood Control Commission" has been used to determine the flood plain. Regional flood profiles were determined by calculating the hydrograph of runoff for a 100 year frequency storm, and routing them through the existing drainage system. -4- Subd. (2) Standards for Flood Hazard Area. The Board in cooperation with the Flood Control Commission and the Flood Plain Administrator shall, where applicable: 1) Determine regional flood elevation from the regional flood profiles prepared for streams subject~ to this ordinance. It is in the general order of a flood which could be expected to occur on the average of one every 100 years. 2) Compute the floodway required to convey the regional flood without increasing flood heights to an extent which would cause subantial upstream or downstream damage to existing or reasonably anticipated future development. Computation of increases in flood heights caused by an encroachment shall be based upon the reasonable assumption that there will be an equal degree of encroachment on both sides of the stream within that reach. Generally, any increase in flood stage attributable to encroachments on the flood plain of any stream or river shall not exceed 0.5 feet in any one reach or for the cumulative effect of several reaches. 3) Evaluate the effects of the proposed use upon the public health, safety and general welfare to minimize those losses described in Section 4.702 of this ordinance. 4.706 Flood Plain Uses: Standards, Permits. Subd. (1) Existing Land Use. No land use shall be changed nor shall any obstruction be changed in its use or constructed or modified in the flood plain except in accordance with this ordinance. Subd. (2) Permitted Uses. The following open space uses are permitted in the flood plain to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, storage of materials or equipment. In addition, no use shall adversely affect the efficiency or unduly restrict the capacity of the channels or floodways or any tributary to the main stream drainage ditch, or other drainage facility or system: -5- a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming or wild crop harvesting. b) Industrial-Commercial uses such as loading areas, parking .. areas, and airport landing strips. c) Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, willife habitat, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges. d) Residential uses such as lawns, gardens, parking areas, and play areas. Subd. (3) Special Uses. All other uses other than those specified in Subd. (2) are permitted only upon the issuance of a special permit in accordance with and in compliance with this ordinance. 4.707. Special Uses: Permits. Subd. (1) General Rule. No temporary or permanent structure or fill for roads, levees or other purposes, deposit, obstruction, storage of materials or equipment or other use shall be permitted which acting alone or in combination with existing or reasonably anticipated uses would un- duly affect the efficiency of the capacity of the flood plain or unduly increase flood heights. Consideration of the effects of a proposed use shall be based on the assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. Any such use which increases the flood plain elevation by more than 0.5 foot per reach or for the cumulative effect of several reaches is deemed to unduly decrease the capacity of the channel or flood plain. Subd. (2) Permitted Special Uses. The following uses may be introduced into the flood plain upon the issuance of a special permit. a) Fill. Filling is permitted by a municipality upon the approval of the Flood Control Commission and with the provision for compensating storage and channel improvement so that the flood level shall not be increased at any point along the channel. -6- b) Structural Works for Flood Control. Structural works for flood control such as dams, levees, dikes and floodwalls may be erected. The minimum height and design of any such structural works shall be based upon the flood profile provided: 1. For urban areas the minimum height and design of such works shall be at least three feet above the elevation of the regional flood or at the elevation of the standard project flood, whichever is greater, 2. Modification and additions to such works shall assure that the work will provide a means of decreasing flood damage potential in the area. c) Utilities, Railroad, Streets and Brid~es. Public utilities, railroad tracks, streets and bridges provided they are designed to minimize increases in flood elevation, and are compatible with the Management Plan of the Flood Control Commission. Protection of the regulatory flood protection level shall be pro- vided where failure or interruption of these public facilities would endanger the public health or safety or where such facililities are essential to the orderly functioning of the area. Where failure or interruption of service would not endanger life or health, a lesser degree of protection may be provided for minor or auxiliary roads, railroads or utilities. Subd. (3) Adjustments of Regulatory Flood Protection Elevations and flood Plain Elevations. In connection with any proposed development of, or proposed placing of an obstruction in, the flood plain, if the regulatory flood protection elevations and flood plain elevations then being used re- flect proposed measures for flood control, including water retention areas, then such elevations shall not be effective or used in issuing a special permit until such measures are constructed and operative, unless the proposed measures will increase flood heights, in which case the regulatory flood protection elevation and flood plain elevations used in issuing a special permit shall reflect the anticipated increases. Subd. (4) Approvals. Special Permits may not be issued without the approval of the Flood Control Commission. No special permit shall be issued unless the proposed use conforms to the land use plans and planning ob- jectives of the City and the management plan and policies of the Flood Control Commission. -7- 4.708 Administration of Flood Plain Management Program. Subd. (1) Administrator. The City Manager is responsible for the administration of this ordinance. He shall consult with the City Engineer and the Technical Advisors of the Flood Control Commission in carrying out his duties. Subd. (2) Applications: Special Permits: Fee. Applications for special permits shall be made to the Administrator by the owner of the land involved, in duplicate. The application shall include the following information: 1) Plans, including a survey by a Minnesota registered land surveyor, in duplicate, drawn to scale, showing the nature, location, dimensions, and elevations of the lot or plot, existing and proposed obstructions, the relationship of the lot or plot and existing and proposed obstructions to the location of the channel, surface water drainage plans and floodproofing measures. 2) A valley cross-section showing the channel of the stream, ele- vation of land areas adjoining each side of the channel, cross- sectional areas to be occupied by the proposed development, high water information, all drainage areas, all land forms and adjacent marshes and wet areas. 3) Plans (surface view) including a survey by a Minnesota registered land surveyor, showing elevations or contours of the ground, pertinent obstruction elevations, size, location and spatial arrangement of all proposed and existing obstructions on the site, location and elevations of streets, water supply and sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, and soil types. 4) Profile showing the slope of the bottom of the channel or flow line of the stream. 5) Specifications for building construction and materials, flood- proofing, filling, dredging, grading, channel improvement, storage of materials, water supply (including withdrawal and discharge of ground and surface water), and sanitary facilities. -8- 6) Description of the water quality if other than a municipal water system is used, maximum yearly withdrawal of ground waters, and the impact on the receiving creek of discharged surface and ground water. 7) Statement of the private and public benefits anticipated from the proposed activity, the alternatives to the proposed activity, the effect of the proposed activity on the capacity of the flood plain and on flood heights, the adverse effect, if any, on the flood plain, and the creek, marshes and wet areas in the flood plain, which cannot be avoided if the special permit or variance be granted. The application shall be accompanied by a fee of $25.00. Subd. (3) Review. Within 45 days of receipt of the application the Administrator shall submit the application with his report .to the Commission, to the Flood Control Commission, and to the Commissioner for their review. The Commission shall act upon the application in the same manner as an application for a special use or conditional use permit under the City zoning ordinance, taking into consideration any comments, if any, received from the Flood Control Commission or the Commissioner. Subd. (4) Approval. The Commission shall make its recommendation to the City Council and the Administrator shall issue the permit upon approval by the Council. 4.709 Variances. Board of Adjustments and Appeals. Subd. (1) The Board shall hear and decide all appeals where it is alleged that there is an error in any order, requirement, decision or deter- mination made by an administrative officer in the enforcement of this ordinance. The Board shall hear all appeals for variances from the strict application of the terms of this ordinance in the same manner as it hears and decides appeals under the zoning ordinance of the City, except as otherwise permitted herein. -9- Subd. (2) Application. Application for variance shall be made to the Administrator in the same manner as an application for a special use is made under Section 4.708. The application fee shall be $10.00. The Administrator shall submit the application for review to the same agencies as required under Section 4.708, Subd. (3), and to the Board together with the data required by that Section and any other data he deems necessary for a complete review by the Board. Subd. (3) Action by the Board. Upon receipt of the Administrator's report the Board shall hear and decide upon the application in the same manner as it decides appeals under the zoning ordinance of the City provided however, that no variance shall have the effect of permitting a structure to be at a lower elevation than the regulatory flood protection elevation of the individual property under consideration. The Board shall take no action in the appeal until 60 days have elapsed from submission of the application to the Flood Control Commission, the Commissioner, and the Commission. The recommendations of the Flood Control Commission and the Commissioner, if any, shall be considered by the Board in making its judgment. No variance shall be granted without full consideration of the standards, policies and purposes expressed in this ordinance. 4.710 Technical Assistance The Board of the Commission may transmit information received by it to the Flood Control Commission for technical assistance where in the judgment of the Board of Commission such evaluation is needed to evaluate flood heights and velocities, the summaries of the flood damage to the use and the adequacy of the plans for protection, compliance with technical re- quirements of this ordinance, State law or regulation and other technical matters. 4.711 Conditions Attached to Special Permits and Variances. The Council may attach such conditions to the granting of special permits, and the Board, and the Council on appeal, may attach conditions to the granting of variances as the Council or Board deems necessary to carry out the purposes of this ordinance. - 10 - 4.712 Notices, Permits, etc. Forwarded. The Commission, Board or Council shall give mailed notice to the Commissioner of each hearing before it for a special permit or variance not less than ten days prior to the date of the hearing. In addition, a copy of any special permit or variance shall be forwarded to the Flood Control Commission within ten days after its issuance. 4.713 .L_apse of Variance or Special Permit. If within one year after the issuance or grant of a special permit or variance, the owner or occupant shall not have substantially completed the work authorized by such special permit or variance, then the special permit or variance shall become null and void unless a petition for extension of time in which to perform such work has been granted. Such petition to extend time shall be in writing and filed with the City Administrator more than 20 days before the expiration of one year from the date the original special permit or variance was issued or granted, shall state facts showing a good-faith attempt to use the special permit or variance, and shall state the additional time requested to complete such work. Such petition, if it relates to a variance, shall be presented to the Board for hearing and decision, and appeal to the Council, in the same manner as the original re- quest for variance. If the petition relates to a special permit, it shall be heard and decided by the Council, upon the report and recommendation of the Com- mission, in the same manner as the original petition for a special permit. In determining under this paragraph whether the petitioner has made a good- faith attempt to complete such work, the Board or Council may consider such factors as the design, size, expense and type of the proposed work. It shall be within the power of the Board or Council, at the time of granting the original request for a special permit or variance, to grant a two-year period for the completion of the work authorized thereby, but such two-year period may not thereafter be extended. 4.714 Certificate of Zonin~ Compliance. Upon completion of any work or project pursuant to a special permit or variance granted pursuant to this ordinance, and prior to the use or oc- cupancy of the land or obstruction permitted by the special permit or variance, a Certificate of Zoning Compliance shall be issued therefor by the Administrator stating that the use of the land or obstruction conforms to the requirements of this ordinance. Prior to issuance of such Certificate, applicant, if requested by the Administrator, shall submit a certification by a registered professional engineer or land surveyor, as appropriate, that the permitted obstructions, including, but not limited to, finished fill and building floor elevations, - 11- floodproofing, or other flood protection measures, have been completed in compliance with the provisions of this ordinance and in compliance with the information given to the City in connection with the application for a special permit or variance. 4.715 Nonconforming Obstructions, Uses and Structures; Lapse; Destruction. Subd. (1) Continuance. An obstruction or structure, or the use of a structure or premises, which was lawful before adoption of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: 1) No such obstruction, use or structure shall be expanded, changed, enlarged, or altered in any way without complying, in all respects, with this ordinance, including, but not limited to the obtaining of all required permits and variances. 2) If such use of such obstruction or structure, or use of such premises, is discontinued for twelve consecutive months, any subsequent use of the obstruction, structure or premises shall comply, in all respects, with this ordinance, including, but not limited to, the obtaining of all required permits and variances. 3) If any nonconforming obstruction or structure is destroyed or damaged by any means, including floods, to the extent that the cost of repairing or restoring such destruction or damage would be 50 percennt or more, as estimated by the Council or some official designated by it, of the cost of re-erecting a new obstruction or structure of like kind and quality and of the same physical dimensions and location, then it shall not be recon- structed except in full compliance, in all respects with the provisions of this ordinance, including, but not limited to, the obtaining of all required permits and variances. 4.716 Right of Passage. It is unlawful for any person, without a special permit obtained pursuant to this ordinance, to place any obstruction in Bassett's Creek, to obstruct the passage of watercraft or to interfere with the use by the public of the beds, banks, waters or channels of said creek, except obstructions placed by the appropriate authority and used for flood plain management, in which case adequate provision shall be made for portaging and passage of watercraft. - 12 - 4.717 Removal of Obstructions. Subd. (1) Natural Obstructions. The City shall have the right of reasonable entry upon lands in the flood plain for the purpose of ingress and egress to the flood plain, and the beds, banks and waters of the creek, to remove any natural obstructions such as, but not limited to, trees, debris, litter and silt. Subd. (2) Artificial Obstructions. Any artificial obstruction of the beds, banks, waters or channels of Bassett Creek in the flood plain made subsequent to the effective date of this ordinance and not made pursuant to a special permit or variance granted pursuant hereto shall be removed by thhe owner of the adjoining land within ten days after marling to such owner ef a demand so to do by the Administrator. If the owner shall fail or refuse to remove the obstruction within said time, or if the owner cannot be found or determined, the City may remove such obstruction and the cost thereof shall be paid by the owner on demand, or may be assessed against the land, and collected in the same manner as prescribed by law for levying and collecting special assessments for municipal improvements. 4.718 Misdemeanor: Public Nuisance: Penalty. Any person who violates any provision of this ordinance or fails to comply.with any of its terms or requirements is guilty of a misdemeanor punishable by a fine of not more than $300 or imprisoned for not more than 90 days, or both. Each day such violation continues shall be considered a separate offense. Every obstruction or use placed or maintained in the flood plain in violation of this ordinance is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appropriate judicial action. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent, remedy or remove any violation. 4. 719 Amendments. Subd. (1) The flood plain elevations on the Profile may be changed by amendment to this ordinance, and such change, when made, shall - 13- be shown on the Profile. If it can be shown to the satisfaction of the Council that any elevation is in error, the elevation will be corrected by the Council by amendment to this ordinance. Amend- ments shall be submitted to the Flood Control Commission and the Commissioner, and shall be approved by the Commissioner prior to adoption. 4.720 Interpretation. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, prosperity and general welfare. It is not the intention of this ordinance to interfere with, abrogate or annul any covenant or other ordinance of this City; provided, however, where this ordinance imposes a greater restriction upon the use or improvement of any premises than those imposed or requried by other statutes, ordinances, rules, regulations, or permits of the Gity, State, or the Flood Control Commission, or by covenants or agreements, the provisions of this ordinance shall govern. 4.721 Warning and Disclaimer of Liabil.ity. This ordinance does not imply that areas outside the flood plain or land uses or obstructions permitted within the flood plain will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on this ordinance or any City action taken or administration or Council decision lawfully made hereunder. 4.722 This ordinance shall be effective upon its passage and publication. Dated the 9th day of ~eptember, 1974. ATTEST: -~erk-Treasurer~ (Published in the New Hope-Plymouth Post the 19th day of September , 1974.) - 14- ~ NOI J.V^3-13 - channel ~mprovement, storage of , eluding, but'not' limited to,"tho '~1~ materials, water supply (including obtaining of all required permits 'V , withdrawal and discharge of and variances. '~ '/~ 'Zt~i/' [,[~,6~9 ~'~[~'~ ground and surface water), and 3) f any nonconforming obstruction O~ln~;~ ~:(E['~ ~', ~[[~) 'd L Ill, In~d '~S · '~J'd ~7 sanitary facilities. ' or structure is destroyed or; -,~ ~-~ ~r ,~c~ ..~ ~.~.=.,, . -~ ' - ~ . ~ : ,,,-~- * -'- 6) Description Of the water quality if damaged by any means, including ORDINANCE NO. 74-20 increasing flood heightsto an extent other than a municipal water tloods, to the extent that the cost of AN ORDINANCE AMENDING which would cause subantial .up- system is used, maximum yearly repairing or restoring such CHAPTER 4 OF THE ClTY CODffi, stream or downstream damage to withdrawal Of ground waters, and destruction or damage would be 50 DESIGNATING FLOOD P~t~INS existing or reasonably anticipated theimpact'on the receiving creak of percent or more, as estimated by IN OR ABOUT BASSE~'r.~'~I~EEK; future development. Computation discharged surface and ground the Council or some official R~GULAT~ING T~,ISE AND of increases in flood heights caused water, designated by it, of the cost of re- ~;~ELOPMENTTHEREOF: by an encroachment shall be based 7) Statement of the private and public erecting a new obstruction or ~I~kBLISHINGA~:LOODPLAIN upon the reasonable assumption benefits anticipated from the structure of like kind and quality ~I~NAGEMENT PROGRAM that there will be an edoai degree of proposed activity, the alternatives and of the same physical dimen- W~-'FHIN THE CITY OF NEW HOPE encroachment on both sides of the to the proposed activity, the effect sides and location, then it shall not The City Council of the City of New stream within that reach, of the propssed activity on the be reconstructed except in full Hope ordains: Generally, any increase in flood capacity of the floc~l plain' and on compliance, in all respects With the 4.700 The City Cede is amended by the stage attributable to eh- flood heights, the adverse effect, if provisions of this ordinance, in- addition of the following: creachmonts on the flood plain 'of any, On the flood plain, and the eluding, but not limited :to, the 4.701 Title. any stream or river shall not exceed creak, marshes and wet areas in the obtaining of all required permits This ordinance may be cited and' 0.5 feet in any one reach or for the flood plain, which cannot be avoid- and variances. referred to as the Flood Plain cumulative effect of several ed if the special permit or variance 4.71& Right of Passage. - Management Ordinance. reaches, be granted. It is unlawful for any person,.without :~ ~ 4.702 Policy. 3) Evaluatetheeffects of the proposed The application shall be ac- a special permit obtained pursuant to Subd. (1) use upon the public health, safety companied by a fee of S25.00. ~ this ordinance, to place any ob- It is found and determined by the and general welfare to minimize Subd. (31 Review. struction in 'Bassett's Creek, to ob- City Council that the lands within the those losses described in Section Within 45 days of receipt of the 5truer the passage of Watercraft or to flood plains of B~sseff's Creek in their 4.?02 of this ordinance, application the Administrator shall - interfere with tho use by the public of natural state are an invaluable land 4.706 Flood Plain Uses: Standards, submit the application with his report Jhebeds, banks, waters or channe s of ~ resource: that development within the Permits. to tho Commission, to the Flood said creek, except obstructions placed ~s been the President of flood plains must be regulated on the Subd. (1) Existing Land Use. Control Commission, and to the by the appr°Priateauthority and used basis of and with proper consideration No land use shall be changed nor Commissioner for their review. The for flOOd plain management, inrwhich r.. of the impact on the total creek along shall any obstruction be changed in its Commission shall act upon the ap- ifs full length, that lands within the use or constructed or modified in the plication in the same manner as an for f flood plains are or may be subiect to flood plain except in accordance with application for a special use or con- loss or improvement of value through this ordinance, ditional use permit under the City ~d sheet form equivalent uncoordinated and unplanned Subd. (2) Permitted Uses. zoning ordinance, taking into Con- al Obstructions. ~uted at least once each development; that the proper The following open space uses are sideration any comments, ~erest to the community management of development of such permitted in tho flood plain to the received from the Flood ~ up entirely of patents, lands is essential to avoid rapid runoff extent that they are no~ prohibited by Commission or the Commissioner. flood ~ality which it purports of surface waters, to prevent pollution any other ordinance and provided they Subd. i4) Approval. ~t least 75 percent of its of the Creek, to preserve adequate do not require structures, fill, storage The Commission shal bedsjbanksand=waters ~cond-cless matter in its ground water infiltration, to protect Of materials or equipment. In addition, recommendation to the City Council surface and ground water supplies, to no use shall adversely affect the et- and the Administrator shall issue the minimizeperiodicflooding resulting in ficiency or unduly restrict the permit upon approval by the Council. loss of llfe and property; to prevent capacity of the chanr~els or floodways 4.709Variaoces. Board al Adjustments ; established and open inter'ruptionofgovernmental services, or any tributary to the main stream and Appeals. An' of subscriptions and extraordinary' public expenditures to drainage ditch, .or other drainage Subd. [1) lis direction and control con~rol runoff, and impairment of the facility or system: The Beard shall hear and decide all Bossett Creek in the flood plain made ~per files a copy of each tax base, all of which adversely affect a) Agricultural uses such as general ,~ppeals where it is alleged that there subseduent to the effective date of this ~ the foregoing conditions the. public health, safety and welfare, farming, pasture, grazing, outdoor is an error in any o~'der, requirement, ordinance and nat made pursuant to a Subd. (2) Purpose. . plant nurseries, horticulture, truck decision or determination made by an special permit Or..variance' granted It. is the purpose of this ordinance to farming, forestry, sod farming or administrative officer in the an- pursuant hereto shall be remo~;ed by guide and regulate the orderly wild crop harvesting, forcement of this ordinance..The, the owner of the ad Dining land within development of land within the flood b) Industrial-Commercial uses such Beard shall hear all appeals 'for ten days after ma'iling to such owner of' plain by establishing a system of as loading areas, parking' case variances from the strict application a demand, so to ;do by the Ad- management of the flood plain to et- made and areas, and airport land. of the terms of this ordinance in the ministrator.-If the OWner shall fail fectuate the policy set forth in Subd. lng strips, same manner as it hears and decides refuse 'to remove the' obs~truction (1]. It is further the intent of the or- c) Private and public recreational appeals udder the zoning ordinanceef within said time, or:if .the owner d~c~e to establish a uniform flood uses, such as golf courses,, tennis the City,- except as otherwise per- cannot.be found or determined, the I:~management program, con- cou~ts, driving ranges, archery mitred herein. City mayremovesochobstructionland si~ with the needs of individual ranges, picnic grounds, boat Subd. (2) Application. the cost thereof shall be paid by the cities, for all cities having lands within launching ramps, swimming areas, Application for variance shall be owner en demand, or may be assessed the flood plain of Bassett's Creek to .parks, wildlife habitat, game madetotheAdministratorin theeame against the land,.~ maximize tho coordinated efforts of all farms, fish hatcheries, shooting manner as an application for a special members of the Basseff'sCreek Flood . preserves, target ranges, trap and use is made under Section 4.708. The levying Control Commission (hereinafter skeet ranges, application fee shall be $10.00. The assessments refer~ed to as "Flood Control Cam- d) Residential uses such as lawns, Administrator shall submit 'the a~ provements. .-' ./ mission") in flood plain management, gardens, parking areas, and play plication for review to the same 4.7~8 Misdemeanor: and to secure for the benefit of the areas. , agencies as required under Section 'Penalty. citizens of New Hope the benefits of Subd. (3) Special Uses. 4.708, Subd. (3), and to the Board Any person who the National Flood Insurance Act of All other uses othor titan those tegetherwiththedatarequlredbyfhat 1968 as amended, specified in Subd. (2) are permitted Section and any other data he deems Subd. (3) Statutory Authority. only upon the issuance of a special necessary for a complete review by ~equirements::: is, ,guilty ..' of This ordinance is enacted pursuant permit in accordance with and in the Board. misdemeanor I~n shai~ e by a fine 'of 'to Minnesota Statutes, Chapter 104. compliance with this ordinance. Subd. (3) Action by the Board. not more than $300 or !mprisoned for 4.703 Definitions. 4.707 Special Uses: Permits. Upon receipt of the Administrator,s nat more than 90 days, Or both. ~Each Subd. (1) Subd. (1) General Rule. report the Board shall hoar and decide day soch violation contin~es~ShalJ be For purposes of this ordihance'the No temporary or permanent upon the application in the same considered a separate of.fense~ Every terms defined in this Section have the structure or fill for roads, levees or manner as it decides appeals under bbstruction or use .placed ~or .main- meanings given them. other purposes, deposit, obstruction, the zoning ordinance of the City tainedinthefloud plainin¥iolationot Subd. (2) storage of materials or equipment or provided however, that no variance this ordinance is hereby declared fo be "Board" means the Board of Ad- other use shall be permitted which shall have the effect of permitting a a publicnulsan, ce and creation thereof justments and Appeal~ of the City. acting alone or in combination with structure to be at a lower elevation be ~nence Subd. (3) existing or. reasonably anticipated than the regulatory flood protection "Commission" means the City usaswould unduly affect the efficiency elevation of the individual property Planning Commission. of the Capacity of the flood plain or under consideration. The Bo~rd shall prevent Subd. (4) . unduly increase flood heights. Con. take no action in the appeal until 60 "Commissioner" means the siderotion of the effects of a proposed days have elapsed from submission of. Commissioner of the Minnesota' use shall be based on the assumption the application to the Flood Control violation.. Department Of Natural Resources. that there will be an equal degree of Commission, the Commissioner, and 4.719 Amendme~tsJ' Subd. (5) encroachment extending for a the Commission. The racom- Subd. (~) . · . '~' · "Council" means the City Council. significant reach on both sides of the mendelians of tho Flood Control The flood Plaid elevations or~ Subd. (6) . stream. Any such use which increases Commission and the'Commissioner, if . Profile may be changed by -amend° "Flood Plain" means the areas the flood plain elevation by more than any, shall be considered by the Board .ment' to this. o?dina~ce, and within the City which are subject to 0.5 feet per reach or for the cumulative in making its judgement. NO variance change, when made, Shall be shown on flooding and which lie below the effect of several reaches is deemed to shall be granted without full con- the Profile. If it can. be'shown fo the': elevations shown on the official flood unduly decrease the capacity ef the sideration of the standards, policies satisfaction of the Council that ~ny zone profile appended to this or- channel or flood plain, and purposes expressed in this or- eleva.tion is i~ error, 'the elevation will dinance. Subd. (2) Permitted Special Uses. dinance, be. corrected by the Subd. (7) 'The following uses may be in- 4.710 Technical Assistance amendmen¥ to ~this "Obstruction" means any storage of traduced into the flood plain upon the The Board of the Commission may material or equipment, any dam, wall, · issuance of a special permit, transmit information received by it to wharf, embankment, levee, road, a) Fill. Filling is permitted by a the Flood Control Commission .for dike, pile, abutment, proiection, ex~ - municipality upon the approval of technical a~sistance where in the cavation, channel r'ectification, the Flood Control Commission and udgemont of the Board ' of Cam: '~Ainnesota CU err ' cu~t, building, .wire, fence, stock, with the' provision for com. mission such evaluation is needed to - .~..fuse, fill, deposit, clearing of pensating storage and channel' evaluate flood heights 'and velocities, l~or vegetation, structure or improvement so that the flood level the summaries of the flood damage to 19 m~r in, along, across, or projecting, shell not be increased at any point th.e use and the adequacy of the plans in whole or in part, into any flood along the channel, for protection, compliance with plain. - b) Structural Works for Flood Control. technical requirements Dr.-th s or* Subct. (8) Structural works for flood control dinance, State law or regulation and ? "Structure" means anything that is such as dams, levees, dikes and other technical matters. built or cort~tructed, an edifice or floodwalls may be erected. The 4.711 Conditions Attached ~ Special building of any kind, or some piece of minimum height and design of any Permits and Variances. ~- .. work artifically built up or composed such structural works shall be The Coun~ I may attach such con-: ~ 3f .Parts joined t0ge~her in some base. cl..upbn the flood profile diti0ns~ to the'~gr~ah_~ing of' s_peC_!al ORDINANCE NO. 74- 2] AN ORDINANCe: AMENDING CHAPTER 8.00 AND SECTION 3.150 OF THE CITY CODE RELATIVE TO REQUIREMENTS FOR ISSUANCE OF LICENSES WITHIN THE CITY OF NEW HOPE AND CERTIFICATES OF OCCUPANCY City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Chapter 8.00 Business and Amusement Regulation and Licensing is hereby amended by actding the following: Subd. 8.09 Additional Requirements In addition to any other requirements for the issuance of any license, pursuant to Sections 8.10,8.20, 8.70, 8.90, 8.120 and 8.130 the following shall be required: A. In all districts, where off-street parking spaces are required by other provisions of this Code, such parking areas, including driveways, shall be paved with an asphaltic or concrete sur- facing, with adequate drainage provided. B. Maintenance. (i) In all districts where off-street parking areas are required, they shall be maintained free of pot holes, broken surface material and be graded, and maintained so as to immediately dispose of all surface water accumulation with- in the area. (ii) Parking spaces shall be restriped as often as necessary to insure the same are clearly designated as required in Section 4.68 (4) of this Code. Section 2. Section 3.156 Minimum Standards for Occupancy is hereby amended by adding the following: Subd. (3) In addition to the requirements of Subd. 1 and 2 above, no certificate of occupancy shall be issued or annual registration statement accepted unless: (i) off str,eet parkin, g spa. ces~ an, d. sur. fag~es~a,re l~.~operly stripea as provlaealn ~ectlon ~.b~ ~UD. [~)of this code, and (ii) such surfacing shall be maintained so as to be free of pot holes, broken surface material and be graded and maintained so as to dispose of all surface water accumulation within the area. Section 3. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope this 23rd day of September , 1974. ~r ~-~xy~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post this 3rd day of0ctober 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 et 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 AAinnesota 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~ ' ~ ~ ~;~ *:~/ ~~~ ......... · ....................... : ............... the'Engli.~sh.~,r~uage, once each week, for. ~.... successive weeks; that it was first So published on ~.~.¥.~.~.~' the...~. ...... day of ~~.. 19..~../cZ~.. and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... end 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--S1/2 pt. Sans Subscribed and sw~'n to before (NOTARIAL SEAL) Notary Public, .............................. County, AAinnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74 - 23 AN ORDINANCE AMENDING SECTION 13.3 (b) OF THE AMERICAN INSURANCE ASSOCIATION FIRE PREVENTION CODE, HERETOFORE ADOPTED BY REFERENCE AS PART OF SECTION 9.00 OF THE CITY CODE City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 13.3 (b) of the 1970 Edition of the American Insurance Association Fire Prevention Code is amended to read as follows: "(b) It shall be unlawful for any person to store, to offer for sale, expose for sale, sell at retail, use or explode or have in his possession any fireworks except as provided in sections 13.3 (c) through 13.3 (f) ." 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 23rd day of September , 1974. Mayor ~tuliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post this 3rd day of October , 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 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'Engli~s~guag e, once each week, for.../.' . successive weeks; that it was first so published on .~...~....~/~ the...~....~.~., day of..~~.~.... 19.? .~.. and was thereafter printed and published on every ................. ~ to and including the .......... day of ........................ 19 ...... and that the following is e printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged es being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and s~orn to before me thi~......~..~ ........... day of~~..A.D., 19..~...~. (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74 - 24 AN ORDINANCE AMENDING SECTION 14.2 OF THE AMERICAN INSURANCE ASSOCIATION FIRE PREVENTION CODE, HERETOFORE ADOPTED BY REFERENCE AS PART OF SECTION 9.00 OF THE CITY CODE City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 14.2 of the 1970 Edition of the American Insurance Association Fire Prevention Code is hereby amended by deleting the following: " ......... except dwelling units of multifamily dwellings ......... " 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 23rd day of September , 1974. Attest: ~~ ~~x/~uliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post this 3rd day of 0ctob.§~ , 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 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 publisl~l therein in the'Engl~uage, once each week, for...~., successive weeks; that it was first so published on 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 (NOTARIAL SEAL) Notary Public ............................... County, Minnesota Nty Commission Expires .............................. 19 ...... ORDINANCE NO. 74 - 25 AN OHDINANCE AMENDING SECTION 9.90 OF THE CITY CODE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER LIFE EMERGENCIES City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 9.01 Subd. (1) of the City Code is amended to read: "Subd. (1) Adoption. There is hereby adopted by the City of New Hope for the purpose of presribing regulations governing conditions hazar- dous to life and property from ~ire, explosion and other like emergencies that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the ] 970 edition (including October, 1972 revision) thereof and that certain code known as the Life Safety Code 1973 recommended by the National Fire Protection Association being particularly the 1973 edition thereof (NFPA No. 101-1973) and the whole of each thereof, save and except such portions as are hereinafter deleted, modified or amended, of which code not less than three (3) copies of each have been and now are filed in the office of the Clerk-Treasurer of the City of New Hope and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the effective date of this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of New Hope." 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 23 day of September, 1974. ~or Attest: ~rk-Treasurer (Published in the New Hope-Plymouth Post this 3rdday of 0ctober, 1974) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during ell the times herein stated has been the 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 e 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 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 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 ~C~ falr~ill i t~i te~ ti~ taht itt thai tnheeW~r;~ill '.~~.. ~..~.. !..... ~...~..~ ..~....~..~.. ............... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and ~ t_h~i~,in the~English language, once each week, for.../., successive weeks; that it was first so published on .~..~..~?.~~'.~' the .......... day of/.~-~< ........... ~... 1 ~ ...... and was thereafter printed end published on every ..................... to and including the .......... day of ........................ 19 ...... end 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--51/~ pt. Sans Subscribed an. dz,-~r, n t° bet°re . - ,~ me '~y-- of .~.~.'..~.~..'~.....A.D., 19...~...~/ .... ¢ ..... ........................................ Notary Public, .............................. County, Minnesota My Commission Expires .............................. ]9 ...... ORDINANCE NO. 74 - 26 AN ORDINANCE CHANGING THE NAME OF 58th AVENUE NORTH TO 59th AVENUE NORTH THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. 58th Avenue North as shown and dedicated in the plats of Jessen's Highland Hills and Jessen's Highland Hills 2nd, is hereby renamed and established as 59th Avenue North. Section 2. The line of words set forth hereafter in quotations- shall be inserted at the end of Appendix A "Street Name Changes" of the City of New Hope Code of Ordinances Under the column heading shown: Old Name Location New Name "58th Avenue Jessen's Highland Hills 59th Avenue" Jessen's Highland Hills,2nd Section 3. This ordinance shall be in force and effect upon its passage and publication. Dated the 23rd day of September 1974. ~-t~easurer Published in the New Hope-Plymouth Post the 3rd day of October 1974. NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect 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 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...~A~.~..~-~~.......~...'..?.?...--..~....~. ................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publis~h~ed therein in the'Engl~Jage, once each week, for./., successive weeks; that it was first so published on ~~ the3 ~ .~day o,..~.~~ 19 7..~'~'. end was thereafter pri,ted and published on every 4~' 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 swor,~ to before ....... ............................................. Notary Public ............................... County, N~innesota Nty Commission Expires .............................. 19 ...... ORDINANCE NO. 74 AN ORDINANCE CHANGING THE NAME OF 32ND PLACE TO 32ND COURT THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. 32nd Place as shown and dedicated in the plats o'f West Winnetka Park 3rd Addition, is hereby renamed and established as 32nd Court, Section 2. The line of words set forth hereafter in quota- tions shall be inserted at the'end of Appendix A "Street Name Changes" of the City of New Hope Code of Ordinances under the column heading shown: Old. Name' Location New Name "32nd Place West Winnetka Park 3rd ~2nd Court" Addition Section 3. This ordinance shall be in force and effect upon its passage and publication. Dated the 15th day of October 1974. : ~C~ ~~~ "' ~' Mayor ATTEST ~reasurer Published in the New Hope-Plymouth Post the day of 1974. NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENN]~PIN · . , being duly sworn, on oath says he is and during ail the times herein stated has been the President of The Post Publish lng 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed.. ~~....~..~.;...~...~..~ .~...7. ............................ hereto attached as a part hereof was cut from the columns of said newspaper, and wes printed and publi~ed therein in the'English~la~guage, once each week, for../.., successive weeks; that it was first SO published on ~~/J the'-~/ .~.~. day of ~ 19 "~ ~Z~ 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, ~th inclusive, and is hereby acknowledg~ as being the size and kind of type us~ in the composition and publication 0f said notice, to wit: abcdefghiiklmnopqrstuv~yz~V2 pt. Sans Subscribed and sw~qrn to before (NOTARIAL SEAL) Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... AN ORDINANCE PROVIDING FOR THE OPERATION OF THE STREET LIGHTING SYSTEMS OF THE CITY OF NEW HOPE, MINNESOTA The Council of the City of New Hope ordains: 1. The City Code is amended by the repeal of the existing sections 6.20 through 6.24, and the substitution therefor of the following Sections 6.20 through 6.27. 6.20 STREET LIGHTING SYSTEM 6.21 Determination of Location. The Council shall determine by resolution from time to time, the streets, or other public or private areas on which the City shall install and operate street lighting systems and shall determine in which category each property is classified, as said categories are hereinafter defined. 6.22 Categories of Street Lighting. The categories of street lighting shall be determined by the type of lighting provided which shall be a. Ornamental. Pedestal type poles, served by underground power. b. Overhead. Street lights attached to poles served by overhead power. 6.23 Costs. The costs of the street lighting system shall be the actual costs as billed to the City by the power company for each category, plus 10% for administrative expense. 6.24 Billing Units. The number of billing units in each category shall be the aggregate sum of every dwelling unit, occupied or unoccupied, in the residential classifications served and every commercial or industrial office, store, plant, ware- house or institution in other classifications served. 6.25 Apportionment of Costs. The total costs for each category shall be divided by the total number of billing units to arrive at the cost apportioned to each billing unit, and the Clerk-Treasurer shall send bills quarterly to each billing unit, directed to the same person or entity to whom the sewe'r~nd water billing is sent, or if a billing unit is not connected to the City sewer and water system, to the owner of the premises in question. 6.26 Assessment. On or before September first of each year the Clerk-Treasurer shall list the total unpaid charges for the service against each separate lot or parcel to which they are attributable under this ordinance as authorized by Minnesota Statutes 429.101. The Council shall then spread the unpaid charges against the property benefited as a special assessment for certification to the County Auditor for collection the following year with current taxes. 6.27 This ordinance shall be effective upon its passage and publication. Passed the /~ day of ~~f , 1974. ~/' "/ Mayor Attest:~  Trea surer- Published in the New Hope-Plymouth Post NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN [ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 19~6 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. ~ ? .' .) .......................... He further states on oath that the printed .~_~C~.~..~..~..~'.~....~.~..~..~..~....~..;,...~...~.~..~... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publi,.~hed therein in the'Englis~guage' °nco each week' f°r' ' '/' ' 'successive weeks; tha~ it was first s° Published °n /'~' '~' ' ' '~' ~~..)~ --~ -')//~ ...... andwasfhereaffer printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and thaf 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: abcdefghljklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before me this ~ ~' ~ "3// ~/ ...'.~-,5.-,~ ..... ~,y of//,~..-~...'.~..~. :. A.D., ~9.?. ~.. (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74- ~ AN ORDINANCE ADDING SECTION 2. 310 AND AMENDING CHAPTER 10 OF THE CITY CODE PROVIDING FOR THE ESTABLISHMENT OF A LIQUOR CONTROL COMMISSION AND FOR THE LICENSING, REGULATION, SALE AND CONSUMPTION OF INTOXICATING LIQUOR, REPEALING INCONSISTENT ORDINANCES AND PROVIDING PENALTY FOR VIOLATION. City of New Hope, Minnesota The City Council of the City of New Hope hereby ordains: Section 1. Chapter 2 of the City Code, Government and Governmental Units, is hereby amended by adding the following: "2.310 L I Q U O R C O N T R O L C O M I S S I O N. 2. 311 Establishment and Purpose. There is hereby established a Liquor Control Commission as an advisory body to the Council for the purpose of acting upon applications for "on sale" liquor licenses pursuant to Section 10.40 of the City Code, including review of the information provided in any application for purpose of making written recommendations to the Council as to the granting or denial of any applications, and providing for hearings for any proposed suspensions or revocations of any licenses. The Commission shall also have such other duties as may be delegated to it by the Council, necessary for the effective enforcement of Chapter 10. 2.312 Membership and Composition. The Commission shall consist of five members, to be appointed by a majority of the Council, who shall serve without compensation. 2. 313 Terms of Office. The terms of the members of the Commission shall be two years, except that the initial term for two of the appointees shall be for one year, expiring on December 31, 1975. Determination of the members receiving one year terms shall be made by placing the names of the five persons receiving appointments as provided in 2. 312 on separate pieces of paper and placing them in a box or other appropriate container, and withdrawing the names of two appointees. Terms of office shall otherwise expire December 31, or until a successor is approved by the Council. 2.314 Vacancies, and Removal of Members. Subd. (1) Vacancies. Vacancies shall be filled by the City Council for the unexpired term. Subd. (2) Resignation or Removal of Members. A member of the Commission may resign upon written notification to the Commission of his intent. The Commission may, by vote of three-fifths of its members, petition the Council to dismiss any member of the Commission when, in its judgment, the best interests of the Commission are not being served. The member subject to said petition shall have an opportunity to appear before the Council prior to any dismissal or other action by that body. 2. 315 Organization. The Commission will elect a chairman and a vice-chairman at its first regular meeting. The terms of office shall be for one year. The chair- man shall provide an agenda and preside over all meetings. The vice- chairman shall function as chairman in the absence of the chairman and shall perform such other duties as the chairman shall designate from time to time. The City Manager shall assign a person to act as secretary and to record the minutes of any meeting or hearing of the Commission, give notice of the meetings or hearings to the members and perform the general clerical duties of the Commission. The Commission shall, as soon as possible, formulate and approve by-laws covering its meetings, organizations and other matters necessary to prove for operations and functions, subject to Council approval of the same. 2. 316 Meetings. The Commission shall meet as is deemed necessary at the discretion of the Commission but not less than three times annually. The meetings shall take place in the City Hall in a place conducive to carrying out the organized, intelligent operation of the Commission. The Commission meetings shall be open to the public pursuant to open meeting policy adopted by the City. The order of business shall be conducted by the same rules of parlimentary procedure which govern the operations of the City Council, except where manifestly inconsistent. Special meetings may be called by the Chairman or three members in accordance with the Commission by-laws. -2- Section 2. Chapter 10 of the City Code shall be hereafter entitled, "Regulation of the Sale and Consumption of Intoxicatin~ Licluors and Non- Intoxicatin~ Malt Licluors." Section 3. Section 10.01 of the City Code is hereby amended by adding the following: Subd. (7) Original Package. The terms "package" or "original package" means any corked or sealed container or receptacle holding intoxicating liquors. Subd. (8) 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 usual, 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 has, 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, on consideration of payment therefor, served meals at tables. Subd. (9) Restaurant. The term "restaurant" for purposes of the sale of intoxi- cating 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. -3- Subd. (10) 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 agree- ments; 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 value 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. Section 4 Section 10.02 of the City code, Establishment of Dispensary, is amended by deleting the following: "No liquor may be sold at retail elsewhere in the City or by anyone not employed in the dispensary." Section 5. Section 10.19 (2) is amended to read as follows: "No beer shall be sold to any intoxicated person or to any person under 18 years of age." Section 6. Chapter 10 of the City Code is hereby amended by adding the following: 10.40 INTOXICATING LIQUORS. 10.41 License Required. Subd. (1) No person, except wholesalers or manufacturers to the ex- tent authorized under State License, shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor as defined -4- in Section 10.01 (1) without first having received a license to do so as provided in this ordinance. Licenses shall be of two kinds: "On Sale", and a "Special License for Sunday Liquor Sales". Subd. (2) "On Sale" licenses shall be issued only to hotels and restaurants. Subd. (3) "Special License for Sunday Liquor Sales" shall be issued only to establishments to which "on sale" licences have been issued or hereafter may be issued for the sale of intoxicating liquors, which establishments are "hotels", "restaurants", or clubs as de- fined in this chapter in conjunction with the serving of food. 10.42 Verifications of Applications. Every application for a license to sell intoxicating liquor shall be verified and filed with the City Clerk. 10.43 Contents of Application. In addition to the information which may be required by the State Control Commissioner's form, the application shall contain the following: Subd. (1) Whether the applicant is a natural person, corporation, partner- ship or other form of organization. Subd. (2) Type of license applicant seeks. Subd. (3) If the applicant is a natural person, the following information: -5- A. True name, including maiden name, if applicable, place and date of birth, and street resident address of applicant. B. 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. C. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case a copy of the certifi- cation, as required by Chapter 333, Minnesota Statutes, certified by the Clerk of the District Court, shall be attached to the application. D. 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. Whether applicant and present spouse are registered voters and if so, where. F. Street addresses at which applicant and present spouse have lived during the preceding ten years. G. Kind, name and location of every business or occupation applicant or present spouse have been engaged in during the preceding ten years. H. Names and addresses of applicant's and spouse's em- ployers and partners, if any, for the preceding ten years. I. 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. 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. -6- K. Whether applicant has ever been in military service. If so, applicant shall, upon request, exhibit all discharges. L. 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. Whether or not the applicant has ever petitioned for or been adjudicated a bankrupt. N. The name of any banking institution in which the applicant has maintained a checking account within the last five years. Subd. (4) 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 appli- cation 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 certified by the Clerk of District Court shall be attached to the application. Subd. (5) If the applicant is a corporation or other organization and is applying for an "on sale" license, the following: A. Name, and if incorporated, the state of incorporation. B. 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. C. 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. -7- 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% 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 corpora- tions, the same information shall be required of the par- ent as the applicant. Subd. (6) The exact legal description of the premises to be licensed to- gether 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) The floor number and street number where the sale of intoxi- cating 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) 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) The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, stock in trade, etc., and proof of the source of such money. Subd. (10) 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 reimbursement. 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 applicant. -8- Subd. (11) 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 to 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) 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) 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 are on file with the Director of Protective Inspections, no plans need be filed with the City Clerk. Subd. (14) Such other information as the City Council shall require to supplement any of the above. Subd. (15) 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. 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 pro- vided, the City Council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a re- newal 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 unincorporated 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) A. The annual license fee for "on sale" license shall be $5,000.00. - 10- B. The annual license fee for a "Special License for Sunday Liquor Sales" shall be $200.00. Subd. (2) 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. All 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) The fee for an "on sale" license granted after the commence- ment 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 in- clude the month or quarter in which the application is approved by the City Council. Subd. (4) When the license is for premises where 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) 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 a 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 a specified in Subd. (8) of this Section. - 11- Subd. (6) No part of the fee paid for any license shall be refunded. Subd. (7) 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 (1-4) 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 $1,250 for the completion of the investigation to determine whether or not a license shall be issued. Subd. (8) At any time that an additional investigation is required be- cause of a change in the ownership or control of a corporation or because of an enlargement, 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 shall pay an additional investigating fee in the amount of $1,000.00, which shall not be refundable except to the extent that the City does not incur investigating costs in a like amount, in which case the balance, as determined by the City Manager, shall be refundable. Subd. (9) Where a new application is filed as a result of incorporation by an existing licensee and the ownership control and interest in the license are unchanged, no additional license fee will be required, but the information required of a corporation shall be filed at the time of incorporation. 10.48 Granting of Licenses. Subd. (1) In order to assist the City Council in investigating 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) Ail applications for a license shall be referred to the Director of Police, and to such other City Departments as the City Manager - 12 - 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 to 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 neces- .sary for an additional period of 60 days. 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 Con- trol Commission shall within five days after the date of the hearing formulate written recommendations approving or denying the appli- cation 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. (3) 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 pub- lished 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 a renewal license. - 13- Subd. (4) A. 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. B. 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. (5) 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 address 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. (6) 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 Person Ineligible for License. Subd. (1) No license shall be granted to a person not eligible for the same under State law, Minnesota Statute 340, or to any person, - 14- Subd. (2) Who is directly or indirectly interested in any other establish- ment in the City of New Hope to which an "on sale" license has been issued under this ordinance. No person shall own an interest, as defined in Section 10.01, Subd. (11) , in more than one establishment or business for which an "on sale" license has been granted under this ordinance; no "on sale" 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 "on sale" license application is being filed owns an interest in a business or establishment licensed under this ordinance. Subd. (3) Who, if a corporation, has a manager who is not eligible pursuant to the provisions of this Section. Subd. (4) Who is the spouse of a person ineligible for a license pursuant to the provisions of Subds. (4), (5), or (6) of this Section or 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. (5) An on sale license will not be renewed if: A. In the case of an individual, the licensee is not a resident of the metropolitan area as defined by Minnesota Statute 473.02, as amended, at the time of the date for renewal or if the licensee has management responsibilities at more than one retail liquor establishment in the City; or B. In the case of a partnership, the managing or general partners who, according to the partnership agreement, are entitled to participate in the management and conduct of the business are not residents of the metropolitan area at the time of the date for renewal or if any such partner has management responsibilities at more than one retail liquor establishment with the City; or C. In the case of a corporation, the person to whom the corporation has committed the management, general conduct, and control of the affairs of the establishment - 15 - to be licensed is not a resident of the metropolitan area at the time of the date for renewal or if such person has such management responsibilities at more than one retail liquor establishment. The time for establishing residence within the metropolitan area may for good cause be extended by the City Council. 10.411 Places Ineligible For License. Subd. (1) No license shall be granted, 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) No "on sale" license shall be granted for premises located within 1,000 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 located to the nearest point of the parcel or lot upon which the school is 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, in and of itself, render such premises ineligible for renewal of the license. Subd. (3) No license shall be issued for premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.40. Subd. (4) No license shall be granted for any place which has a common entrance or exit between any two establishment except that a public concourse or public lobby shall not be construed as a common entrance or exit. - 16- 10.412 Conditions of License. Subd. (1) 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) The license shall be posted in a conspicuous place in the licensed establishment at all times. Subd. (3) 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) No "on sale" licensee shall sell intoxicating liquor "off sale". Subd. (5) No license shall be effective beyond the space described in the license for which it was granted. Subd. (6) 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 18 years of age, or to any person to whom sale is prohibited by State Law. Subd. (7) No person under 18 years of age shall be employed in a room where on sales are made unless accompanied by his parent or guardian or employed to perform duties of a busboy or dishwashing services or when employed as a musician. Subd. (8) No licensee shall keep, possess, or operate or permit the keeping, possession, or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises, and he shall not permit any gambling therein. - 17- Subd. (9) 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. (10) No pool or billiard tables or bowling alley shall be kept or used in any "on sale" premises. Subd. (11) 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 shah be expressly permitted by State law. Subd. (12) Any police officer, building inspector, or any properly designated officer or employee of the City shall have unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant for the purpose of detecting violations of the provisions of this ordinance. Subd. (13) No licensee shall sell, offer for sale, or keep for sale, intoxi- cating 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. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition, alcoholic content, or type than the liquor received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. Subd. (14) No "on sale" liquor establishment shall display liquor to the public during hours when the sale of liquors is prohibited by this ordinance. Subd. (15) No licensee shall apply for or possess a Federal Wholesale Liquor Dealers special tax stamp or a Federal gambling stamp. - 18- Subd. (16) No licensee shall keep ethyl alcohol or neutral spirits on any licensed premises or permit their use on the premises as a beverage or mixed with a beverage. Subd. (17) The business records of the licensee, including 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. (18) Changes in the corporate or association officers, corporate charter, articles of incorporation, by-laws or partnership agree- ment, as the case may be, shall be submitted to the City Clerk within 30 days after such changes are made. Notwithstanding the definition of interest as given in Section 10.01, Subd. (11), in the case of a corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister or child, exceeds 5%, 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. Subd. (19) 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 compaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended. Subd. (20) A restaurant shall be conducted in such a manner that a principal part of the business for a license year is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of foods. - 19- Subd. (21) No "Special License for Sunday Liquor Sales" license shall serve liquor on Sunday except in conjunction with the serving of food. Subd. (22) At the time of application for renewal of application of an on sale license, the applicant shall submit proof to the City that not less than 40% of the gross sales of the establishment, for which the on sale license is to be used, is in the serving of food. 10.413 Restricted Hours of Operation. A. 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 establishment in the City of New Hope. B. 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 No sales between 1:00 a.m. 8:00 p.m. elections New Years Day, Memorial No sales between 1:00 and 8:00 a.m. Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day - 20 - 10.414 Public Character of Licluor 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; nor unless such sale accompanies and is incident to the regular service of meals to guests therein; nor unless the rules of such hotel and the description, location and number of such guest rooms are fully set out in the application for a license. 10.415 Restrictions Involving Minors. Subd. (1) 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 18 years; nor shall such licensee, his agent, or employee permit any person under the age of 18 years to be furnished or consume any such liquors on the licensed premises; nor shall such licensee, his agent, or employee permit any person under the age of 18 years to be delivered any such liquors. Subd. (2) No person under 18 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. - 21- Subd. (3) No person under 18 years of age shall receive delivery of intoxicating liquor. Subd. (4) No person shall induce a person under the age of 18 years to purchase or procure or obtain intoxicating liquor or non-intoxicating malt liquor. Subd. (5) Any person who may appear to the licensee, his employees or agents to be under the age of 18 years shall, upon demand of the licensee, his employee or agent, produce and permit to be examined an indentification certificate issued by any clerk of the District Court in the State of Minnesota pursuant to Sections 626.311 through 626.319, Minnesota Statutes, Laws 1973, Chapter 508. Subd. (6) In every prosecution for a violation of the provisions of this ordinance relating to the sale or furnishing of intoxicating liquor or non-intoxicating malt beverage to persons under the age of 18 years, and in every proceeding before the City Council with respect thereto, the fact that the minor involved has obtained and presented to the licensee, his employee or agent, a verified identification card issued by the Clerk of any District Court in the State of Minnesota, from which it appears that said person was 18 years of age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of a violation of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not wilful or intentional. Subd. (7) Any person who may appear to the licensee, his employee or agent to be under 18 years of age and who does not have in his possession any identification certificate as above described, may sign and execute a statement in writing as follows: - 22 - READ CAREFULLY BEFORE SIGNING The following are excerpts from the Laws of the State of Minnesota, Chapter 483, Laws of Minnesota for 1973; Section 340.731, Minnesota Statutes, Minors, Forbidden Acts or Statements: "It shall be unlawful for: Any person to misrepresent or misstate his or her age, or the age of any other person for the purpose of inducing any licensee, or any employee of any licensee, or any employee of any municipal liquor store, to sell, serve or deliver any alcoholic beverage to a minor; A minor to have in his possession any intoxicating liquor with intent to consume same at a place other than the household of his parent or guardian." VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR PUNISHABLE BY A FINE OF $300.00 OR A 90-DAY WORKHOUSE SENTENCE, OR BOTH, WHEN SUCH A VIOLATION HAS BEEN RE- FERRED TO A PROSECUTING AUTHORITY PURSUANT TO MINNE- SOTA STATUTE 260. 125. My age is Date of Birth Place of Birth My address is Dated: Type of Identification, if any Witness Signed The above form shall be furnished at the expense of all licensees desiring to use the same and when properly executed may be considered as evidence in any prosecution and by the City Council in any proceeding before the Council or a committee thereof relating to the business or operations of the licensee. Such forms after execution shall be kept on file by the licensee for a period of one year. 10.416 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 - 23- 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. The filing of the above described bond or cash 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." Subd. (2) Approval of Bond or Insurance. The surety bonds or insurance policies required by Subd (1) 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 agree- ment 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 approved 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, evidence of liability insurance coverage in the amount of $100,000 for one person and $300,000 coverage per occurrence, in addition to umbrella cover- age in the amount of $1,000,000 shall be furnished, and shall - 24- specifically provide for the payment by the insurance company on behalf of the insured of all sums which the insured shall become obliged to pay by reason of liability imposed upon him by law for injuries or damages to persons, other than employees, including the liability imposed upon the insured by reason of Section 340.95, Minnesota Statutes. Such liability insurance policy shall further provide that no cancellation for any cause can be made either by the insured or the insurance company without first giving 10 days' notice to the City in writing of intention to cancel the same, addressed to the City Clerk-Treasurer. Further, it shall provide that no payment of any claim by the insurance company shall, in any manner, decrease the coverage provided for in respect to any other claim or claims brought against the insured or company thereafter. Such policy shall be conditioned that the insurer shall pay, to the extent of the principal amount of the policy, any damages for death or injury caused by, or resulting from the violation of any law relating to the business for which such license has been granted. The licensee and the City shall be named as joint insured on the liability insurance policy. Subd. (6) Terms of Bond. All such bonds shall be conditioned as follows: A. The licensee will obey the law relating to the licensed business. B. That the licensee will pay to the City when due all taxes, license fees, penalties and other charges provided by laws. C. That in the event of violation of any law relating to the business for which the license has been granted for the sale of liquor, the bond shall be forfeited to the City. D. 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 - 25- 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) D~posit 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 assign- ment, 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, subject 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. 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, in form approved by the City Attorney, wherein 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 re- turned, 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 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. - 26 - 10.317 Suspension and Revocation. 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 pursuant to Minnesota Statute 609. 135, and whether or not said violation is appealed by the licensee. The revocation shall be mandatory if the violation was wilful or intentional, 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. Any revocation or suspension for a period longer than 30 days, shall 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 wilfully 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 where a license application contained false and fraudulent information. The maximum time for sus- pension of a license, in any case, shall be 60 days. 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. 10.418 Licensin~ of Employees. Subd. (1) 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 em- ployed for any length of time if his license is denied or revoked. - 27- Subd. (2) An application for such license shall be filed with the City Clerk-Treasurer upon forms provided by the City and such ap- plication shall be verified under oath and shall contain the following information: A. 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. B. A concise history of the applicant's previous employment. C. The record, if any, of arrests and of convictions for crimes and misdemeanors other than petty misdemeanor traffic offenses. Subd. (3) The annual license fee shall be $5.00 and shall be paid in advance. Ail licenses shall expire on:June 30th. Applications for renewal of an existing license shall be made at least 15 days prior to the date of the expiration of the license on such forms as the City Council may approve. Subd. (4) 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 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) No person shall be issued a license if it appears that he has committed an act which is a wilful violation of Minnesota Statutes 340.07 through 340.40, Minnesota Statutes 340.78 through 340.81, and Minnesota Statute 340.95. - 28 - Subd. (6) 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. 419 Penalty. Any person violating any provisions of this ordinance may be guilty of a misdemeanor and upon conviction may be punished by a fine of not more than Three Hundred Dollars ($300.00) or imprisonment for not more than 90 days or both. 10.420 Enlargement, 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." Section 7. 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 ordinance as if fully set out herein. Section 8. This ordinance shall be effective from and after is passage and publication. Passed this ~_4~ day of/~/~,~,,-- , 1974. ~ Mayor Betiy ~t, Clerk-Treasurer (Published in the New Hope-Plymouth Post this /~2~ day of ~D~c~,~ , 1974.) - 29 - -- ~'--'~69'ZSS; 'uoiL~ '6[/,~-S'~ 'P^II3 UAl~OOJg t[~ et least sev~ -uo~ AW 'lJe~-o~ ileWS -- ~NYM 'SeAa uedo '~em lie 'qJed '6~6'~Z W~Vfl NY~g~S HIMON 'sOUeld ~uSijdn ez~s '~JI Jo} QlVd HSVO 'AepsJnq~ ~eu JeuulM · eq ~RDI NANCE NO. 7~29 sh~ll ~ ~ ~ kinds: "On Sale," anda Wheth~ or ~t all real AN ORDINANCE ADDING SECTION "Sp~ial Licen~ ~r. Su~ay Liquor Personal property taxes and su~ 2.310 AND AMENDING CH APTER 10 SaI~." premis~ to ~ lice~ ~ :Council for OF THE CI~ODE PROVIDING SU~. (2) a~y~bleheve~npeid,,andif ~t ~e Ci~ ~uncil s FOR ~LISHMENT OF A "On Sale" li~n~ shall be i~u~ ~id, theye~rs~damoun~which~re iv~ LIQUOR CONTROL COMMISSION ~ly to ~tels a~ restaurant, unpaid, d~s~ri AND FOR THE LICENSING, Subd. (3) Subd. (13) .... REGU~TION, SALE AND CON- "S~cial Lic~e for Su~ay ~r Wh~er the applicati~ for an "~ SUMPTION OF INTOXICATING Sales" shall be i~u~ only to ' ~te"' licen~ to, sell ;:i~toxi~8ti~g LIQUOR, REPEALING IN- establishmen~ to ~ich "~ ~le" li~; or for a ~a~f~ t~;is CONSISTENT ORDINANCES AND lice~ have ~n issu~ or her~fler p~mis~ eith~'/pla~: ~r ~?und~ PROVIDING PENALTY FOR my ~ issu~ f~ ~e sBle d in- c~s~u~ionor,un~goi~substantial Ci~ of New Hope, MJn~ota men~ are "hot, s," "r~teuran~," or accompani~ by a set of preliminarY, VIOLATION. toxicating liq~rs, which establish- alter~t~,,the a~lJ~ti~ plans ~owing t~ design ~ ~e A lice The Ci~ Council of the City ~ N~ clubs as d~in~ in ~is chap~r in Hope here~y ordains: c~junction wi~ the ~rvJng of f~. pro~ premises to be ~lice~: S~ti~ 1. Cha~t~ 2 ~ the City Code, 10.42 Verifications of Applications. the plans or d~ign are on file wi~ the .r~l Government and Governme~al Units, Ev~y ~li~ti~ for a lic~se to Diredor of Prot~tive In~tions; ~11~ is h~eby am~d~ by adding the sell intoxicating liquor shall be plansn~fil~wththeCi~Clerk. following: v~ifi~ and fil~ with the Ci~ Clerk. "2.310 LIQUOR CONTROL COM- 10.~Contents of Application. MISSION. In additi~ to the in~r~ti~ ~Jch 2.311 EstaMishment and Purple. may ~ r~uir~ by the State Control Thee is hereby ~tablish~ a Liquor Commi~ion~'s form, the applicati~ been ~e President of C~I Commi~i~ as an adv~ory s~ll contain t~ roll,inN: An. a )lication for ~v to ~e Council for the purple ~ Su~. (1) adi~ u~n applicatio~ ~r "on ~le" . Wheth~ the applicant is a natural ~licat~s ~all liquor lic~ pursuant to S~tio~ ~sm, ~rati~, pa~ership or r~er~ce, t~ 10.40 ~ the City Code, incl~ing r~iew o~er form ~ ~ganizati~. in the lic~s~' applicatj~ f~ an '~on I sheet form ~uival~t sale" lic~se to t~ extent that such ~ t~ intonation provid~ in any Su~. (2) information.is ~rrentand~,ap~li~b!e at least once each application for purpme ~ making Ty~ ~ lic~ applicant see~. to the community written recommendations to the Su~. (3) at the time ~ such a~l!~tJ0n entirely of patents, C~il as to the granting or denial ~ If ~e ~pplicant is a natural p~, "Sp~Jal Lic~ on Sun6ay,. giq~r ility which it pur~rts any applicati~, and p~vidin~ f~ ~ foll~ing i~ormation: ~le~" heari~sf~any prop~ suspensi~ A. True name, including maiden 10.~ Tem~rarv Lieense~ least 75 percent ~ its or r~o~ti~s of any license. The name, if applicable, place and date 10.4~ Renewal Applications. ~, , shall be lass matter in its Commi~ion shall al~ have such other of bi,h, a~' strut r~ident a~ Applicati~ for' the r~al ~ an duti~ as may ~ del~at~ to it by the dress of applicant, existing lic~e'~all be made at least ~lication. Win C~ncih n~ry f~ ~e eff~tive B. Whether applicant has,er u~or ~ days pri~ ~ the date of ~e ex- ~orcement of C~ater 10. b~n kn~ by a ~me other than pirat~n of ,, establish~ and open ~.312 Membership .and Comp~ition. ~ ~ subscriptions and - - his true name a~, if ~, what was made in such The Commission shall c~sist of f. ive such name, or name, a~ in. City Council ; direction and control mem~, to be ap~int~ by a f~mati~ ~nc~ning da~s an~ judgment~theCit a copy of each ~i~ity ~ t~ Council, ~o ~all plac~ereu~,andthereaso~ conditions s~ve wither com~n~tion, f~ using alter~te i~tificati~, plicant f~ his failure has fil~ with 2.313 T~ms of Office. C. The ~me of the busings if it is ~ r~l within ~e time provJd~ ~e affidavit in the form The t~ms of the members ~ ~e be co~u~ under a d~ignatiofl,- Ci~ C~flcil may,~ if':.the ',~ ~ ~. to b~ore a Commissionshall ~ ~ years, exce~ name or style oth~ than' the full provisions of this :or~ina~ce ~at the initial term f~ ~ ~ the i~ividual name of the applicant; complied With, ~rant ~e applicafi~. a~oint~s s~ll be for one year, ex- in such ~ a c~y ~ the cer- At~eearliest:pra~ti~bletimeaff~ piri~ on Decker 31, 1975. ~ter- tification, as r~uir~ by Chapt~ a~licati~ismade~rar~eWal~afl ................ minatJon ~ the memb~s receiving ~, Minn~ta Statute, ce~ifi~ "~ ~le" lic~e, a~ ~e year t~ms shall be made by by the Clerk of the District CouP, ~iorto~elJme~att~a placing ~e nam~ ~ ~e five ~ns - shall be a~ach~ to the ap. approved by ~e CJ~ ~u~cH, ~e ..................... r~eiving ap~intm~ as provi~ in plication, applicant shall file wi~.the Ci~ clerk 2.312 off separate pi~ ~ paper a~ D. Whe~er applicant is marri~ or a statem~t made by a'ce~ifi~ public placi~ ~em in a ~x or other ap. single. If marri~, name, including acc~ntant that sh~ ~he total gr~ ~erein in propriate c~tainer, a~ withdrawing maid~ name, if a~Hcable, pla~ ~les and ~e ~tal f~les ~ ~e the~m~of~appoint~.Terms~ of bi~h and s~eet r~Jdence ad- restaurant for the twleve~month office shall othe~ise expire dress of applicant's present D~emb~ 31, ~ until a ~cc~ is s~. If di~rc~, the name ~ his a~r~ by ~e C~Jl. f~m~ s~e or s~us~ and ~er 2.314Vacancies, and Removal of (their) present resident ad ...................... Members. d~(es~, if k~wn. Su~. (1) Va~ncies. E. ~e~er a~li~nt and pr~t Va~ncies shall ~ fill~ by the Ci~ s~u~ are r~ister~ vote~ and if ~rs~, t sba I ~ s gn~ a~ swo~ ~ printed copy of the C~ncil ~r ~e un~pired term. ~, ~e~. by such ~r~; if by a ~orati~, Su~. (2) Resignation or Removal of F. S~e~ address~ at which ap- ~ ~icers there;' Members. plicant and pr~ent s~ have n~shJp, by ~e of the par~ers, or in kind of type used in A memb~ ~ the Commission may liv~ duri~ the pr~ing t~ any ~se, its ma~ing pa~er; r~i~ u~n wri~en n~ification to the an i~o~rat~ ,~0cJatJ0~, by~' the Commission ~ his intent. The Com- G. Kind, name and I~ati~ ~ ev~ b~in~s or ~cupation applicant or manager or ma~ging ~flcer t~er~. mission may, by vote ~ thr~-fi~hs ~ p~t spo~e have b~'~gag~ If the appli~nt iS a ~r~hip,'the i~ ~m~, ~iti~ ~fle Council to application, lic~ a~ dismiss any mem~r, of the Com- in during the pr~i~ ten missi~,ini~iu~m~t, theb~t H. Names and addresses of ap; suran~e ~licy) shall be made and in~r~ ~ the Commissi~ are not plicant's and s~'s employ~ i~ in the name of all par~e~. ~ing ~. The memb~ subj~t ~ and ~r~, if any, for ~e 10.47. License Fee. ~id ~tition shall ~ve afl op~ni~ prec~ t~ y~rs. Su~. (1) to a~ar ~ore the C~flcil prior to I. Whet~rapplicant ~ hJss~,or A. the a~ual lic~e f~ ~ "~ a parer, bro~, sist~ or child ~ sale" lic~e ~all ~ ~,~.~. any dismissal or o~er a~ion by that eider ~ them. has ever b~n B. The annual IJc~ f~ ~ a ~Y' arr~ ~ convJct~ ~ any crime "~ecial License" for S~nday 2.315 Orgaflizat~fl. L~u~ Sales". ~all be ~.~. The Commission will elect a o~er~an min~trafftc~fe~. If . ~, t~e-a~licant shall fu~n~ Sub. (2) chairman and a vice-~airman at [~ i~rmation as to ~e time, place .The initial license f~ shall be due ..................... fi~t r~ular m~ti~. The ter~ ~ a~ ~se for which arres~ ~ and ~yable in full within ~ice s~ll ~ for ~e year. ~he appr~al of the application by the Ci~ chairman shall provide an agenda and c~victi~s ~curr~. and the final pr~e ~er all ~etJngs. The vice. dis~itJ~thesame~ the Cou~ ~ncil ~ i~ua~e~ a c~tifi~te.~ ~airman shall fuflcti~ as chairman having ~r iuri~icfion. ~cu~ncy, whi iff t~ a~ce of the chairman a~ J. Whether appli~flt or his s~, ~each Januaryl0~eafter. s~ll ~Horm such other duti~ as the or a ~r~T, oromer, ss~er or child shall ~ [ chai~an shall d~ignate from time to ~ eider of them, has ever b~n s~ll not b tlme. TheCity~nag~s~lla~igna e~aged as an employ~ ~ in i~u~. No lice~e shall be ~rs~ ~ act as secretary and ~o operating a saloon, hotel, ~e f~ is paid in ~11.' :' ~ ' .... . ................. ~ord ~e minut~ ~ any meeti~ or r~taurant, ~fe, tavern or other Subd. (3) h~ring ~ the Commi~ion, give notice b~in~s ~ a similar nature. If ~, The f~ f ~ the ~etin~ or hearings ~ ~e applicant s~llfurnish information grant~ ~m~ and ~orm ~e g~eral as to ~e time, place a~ I~g~ ~ cieri~l duties ~ the Commission. The time. m~ly ~s Commission Shall, as s~n as ~ible, K. ~eth~ applicant has ever b~ in f~mulate and approve by-la~ milita~ ~i~. If ~, applicant rat~ c~ering its m~tings, o~ani~tio~ s~ll, ~ r~u~t, exhibit all rata and other matt~s nec~ry to p~ve d~c~rg~. ~n~ ~ 'qua~er f~ ~rati~s and ~ncti~, subj~t L. The ~me, addr~ a~ busin~ plication is a~ by to,C~ncil approval of the same. addr~s ~ each pemon w~ ~ C~il. 2.3t6 Meetings. e~ag~ in Min~ota or else~e Subd. (4) The Commi~ion s~ll meet as ~ in the business of selling, ~ nec~ary at the discretion ~ manufacturing or distributing ~e~ t~ ~ Commi~io~ ~t ~t le~ than thr~ intoxicating li~o~ and who is t~ annually. The meetings shall n~r~kinto~eappli~ntorhis take place in the City Hall~n a place s~use than conducive t~, carrying out the whether ~ ~e o~aniz~, iflt~l!ig~t o~ration ~ com~ut~ ORDINANCE NO. 74 - AN ORDINANCE AMENDING SECTIONS 2.80 THROUGH 2.86, INCLUSIVE, OF THE CITY CODE RELATING TO THE PARK AND RECREATION COMMISSION. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Sections 2.80 through 2.86, inclusive, of the City Code are amended to read as follows: 2.80 PARK AND RECREATION COMMISSION 2.81 Establishment. There is hereby established a Park and Recreation Commission for the City of New Hope, which shall be an advisory body to the Council and shall have the powers and duties as set forth hereafter or as the Council may designate from time to time. 2.82 Membership. Subd. (1) Number. The Commission shall consist of 10 members who shall be ap- pointed by the Council, with at least two members of each sex. The Council shall make an effort to appoint members so that each major park area in the City is represented on the Commission. Subd. (2) Terms. Each member shall serve a term of office for three years, or until his successor is appointed and qualifies, except that in making the initial appointments under this ordinance, the Council shall designate three members to serve one year, four members to serve two years and three members to serve three year terms. Unless otherwise agreed by the Council and the appointees, as to who shall receive one, two or three year terms, the same shall be determined by lot, with the first three persons drawn to receive one year terms, the second four persons to receive two year terms, the remainder to receive three year terms. Any person who receives a 2 or 3 year term and who does not desire to serve such term may substitute his term for that of another person, if such substitution is accomplished within 30 days of the day he receives his original term. 2.83 Organization and Meetings A) Adoption of Rules, The Coaxnission shall adopt a set of rules to govern its own meetings and procedures and other Comnission func- tions. The rules may be amended from time to time, but only upon notice to all members that the said proposed amendments shall be acted upon at a specified meeting. A majority vote of the Comnission shall be required for the approval of the proposed amendment. B) Officers ~ The Cxmmnission shall elect a chairman from among its appointed members each January for a term of one year; and the Ommtission may create and fill such other offices as it may determine. The chairman shall prepare an agen- da for each meeting and shall distribute it to the members of the Conmission no less than two days in advance of the meeting. The Park and Recreation director shall serve as secretary for the Conmmission. C) Meetings i) Regular Meetings. The Commission shall meet at its discretion but at least quarterly. It shall adopt rules for the transaction of business and shall keep a record of. its resolutions, transactions, and findings, which shall be a public record. Unless otherwise agreed upon, such meetings shall be held at the City Hall. ii) Special Meetings. Special meetings may be called by the chairman~ or three members of the commission~ upon three days notice to all members, stating the reason for such meeting. iii) Open Meetings. Ail meetings of the Comnission shall be open to the public. Minutes shall be kept for each meeting and a copy of the minutes shall be filed with the City Clerk as the official record of the activities of the Conwnission. -2- (2) To submit other reports or information to the Council as requested or as the Commission deems appropriate in light of the' matter under consideration. (3) To be knowledgeable of desirable park and recreation standards and evaluate the manner of the City's appli- cation of these standards to its program. (4) To develop and review plans for the organization and development of park and recreation facilities. (5) To develop and recommend to the Council rules and regulations for the use by the general public of park and recreation facilities and programs. (6) To foster a working relationship between the City and School District #281 for the joint use of facilities for park and recreation programs. (7) To foster compatible relationships with neighborhoods, surrounding park areas and individual citizens relative to park and recreation programs, and to provide hearings for groups or individuals regarding park and recreational policies and rules. (8) To consider proper names and classification of park property. (9) To provide one member who shall serve as a liaison member with the Environmental Commission. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the City Council of the City of New Hope this .~f"~ day of /~/o ~ ~-~', 1974. Betty P~uliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ~'-~/ day of~.~_~,~ ~ ~,., 1974. ) -4- 2.84 Vacancies and Removal of Members. A) Vacancies. A membership on the Commission shall become vacant upon the occurrence of any of the following: i) the death of a member; ii) physical or mental disability; iii) a change of residence outside of the City of New Hope; iv) resignation in writing directed to the Commission chairman; v) failure to serve as evidenced by failUre to attend three consecutive meetings without good cause being given to the chairman prior thereto. B) 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 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. 2.85 Compensation. The Commission members 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 Finance Director and Manager. 2.86 Powers and Duties. The duties of the Commission shall be advisory to the City Council and shall include the following: (1) To submit an annual report not later than July 31 which shall contain a summary of park and recreation activities for the past year and suggestions for improvements or changes in recreational programs offered, park facilities maintained or capital improvements needed within the park and re- creational system of the City. NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF I~INNESOTA ~ COUNTY OF HENNi~,.piN ~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 ls 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 toast 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 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 /~innesota prior to January 1, 1965 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. He further states on oath that the printed ~~~"'~'g"~'~ ~/' hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publis,h~ed therein in the'~nglish lar~guage, once each week, for.../:.'., successive weeks; that it was first so published on. ~'~../.~ 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 Notary Public ............................... County, N~innesota Nty Commission Expires .............................. 19 ...... w ORDINANCE NO. 74- ~ / AN ORDINANCE AMENDING SECTIONS 2. 110 THROUGH 2.115, INCLUSIVE, OF THE CITY CODE RELATING TO THE HUMAN RIGHTS COMMISSION. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Sections 2.110 through 2.115, inclusive, of the City Code, are hereby amended to read as follows: 2.110 HUMAN SERVICE COMMISSION 2.111 Policy of City of New Hope. It is hereby declared that it is the public police of the City of New Hope to fulfill its responsibility as a partner of the State De- partment 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. 2.112 Human Service Commission Established. There is hereby established within the City of New Hope, a Human Service Commission. 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. 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. 2.115 Meetings. The Con~aission shall meet as is deemed necessary at the discretion of the Co~r,~ssion, 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 Con~T~ssion. Meetings shall be called by the chairman;~or at least three members of the con~nission, upon three days notice to all members. 2.116 Powers and Duties. In fulfillment of its purpose, the Con~ission's duties and responsibilities shall be to meet as needed to (1) Adopt by-laws and rules for the conduct of its affairs including the election, assumption of duties and defi- nition of responsibilities of officers and committees. (2) Enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity and eliminate dis- crimination and inequalities. (3) Formulate a human service program in response to con- cerns developed from reviews of the community's needs for the City of New Hope to give increased effective- ness and direction to the w~rk of all individuals and agencies addressing themselves to planning, policy making and educational progran~Ling in the area of civil and human~ rights and services. (4) Advise the Mayor, the City Council and other agencies of the government of h~man 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 con~nunity. (5) Develop in cooperation with the State Department of Human Rights such progr~as of formal and informal education as will assist in the implementation of the Minnesota State Act Against Discrimination and provide for the Co~nission's assumption of leadership in recognizing and resolving potential problem areas in the coma~hnity. -2- 2.117 Vacancies and Removal From Office. A) Vacancies. A membership on the Commission shall become vacant upon the occurrence of any of the following: i) the death of a member; ii) physical or mental disability rendering him incapable of service; iii) a change of residence outside of the City of New Hope; iv) resignation in writing directed to the Commission chairman. B) 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 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. 118 Compensation. The Commission members 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. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the City Council of the City of New Hope this ,~" day of //~ ~ ~',~-~-~-'~ , 1974. E~rd J. Erickson, Mayor Attest: ~~,~~~L B~~u~lio t, Clerk-Treasurer (Published in the New Hope-Plymouth Post the f~ day of ~)~¢~.~.~ ~ ,.~ , 1974. ) -3- NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNF..PIN ~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 swern to before e notary public stating that the newspaper is a legal newspaper. He further states onoath that the ....................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publis, Jged therein in the'Engli~guage, once each week, for../f., successive weeks~ that it was first so published o~ the. · ..~..~ ....day o~ .~'..~-C..... 19..~..~'.. and was thereafter printed and published on every ............... i ..... to and including the .......... day of ........................ 19 ...... end 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 a~d publication Of said notice, to wit: abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and swo~'n to before methis ~'~-~ dayof~~..AD, 19 (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74 - 3 ~ AN ORDINANCE AMENDING SECTIONS 2. 210 THROUGH 2. 226, INCLUSIVE, OF THE CITY CODE RELATING TO THE NEW HOPE YOUTH COMMISSION. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Sections 2.210 through 2.226, inclusive, of the City Code are amended by deleting the same, and replacing them with the following: 2.210 NEW HOPE YOUTH COMMISSION 2.211 Short Title. This ordinance shall be known and may be cited as the "New Hope Youth Commission Ordinance." 2. 212 Establishment. A New Hope Youth Commission is hereby established as an advisory body to the Council, which Youth Commission shall have the powers and duties set forth hereafter and as the Council may designate from time to time. 2.213 Membership. The New Hope Youth Commission shall be composed of 15 members to be appointed by a majority of the Council, and shall be composed of persons from the segments of the citizens of New Hope as follows: (1) five adult members; (2) five girls ages 14-18; (3) five boys ages 14-18. 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, 1975. The other eight shall be appointed for terms ex- piring on December 31, 1976 in order to provide for staggered terms. Each member shall serve until his successor is duly appointed. Unless otherwise agreed by the Council and the applicants, the persons to receive one-year terms shall be determined by lot. The number of persons to receive one-year terms shall be in proportion, as far as possible, to the categories of membership provided for in this Section. Vacancies shall be filled by the Council for the unexpired portion of the term in the same as above, The above ratio of boys to girls shall be directory only, and the Council may~ in its discretion~ appoint members on the basis of qualifications and interest expressed, if such ratio cannot be achieved. 2.215 Organization and Meetinqs A) Adoption of Rules The Commission 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. B) Meetinqs. (1) Regular Meetin§s. The Commission shall meet at least once a month at the City Hall, unless otherwise agreed upon by a majority vote of the Commission. (2) Special Meetin§s. Special meetings may be called by the chairperson, 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. (3) Open Meetin§s. All meetings of the Commission 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. C) Officers. The Commission shall select a youth chairperson, adult co-chairpersons and secretary from among its members each January for terms of one year. The 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. The co-chairperson shall serve as chairperson in the absence of the chairperson and perform such other duties as may be del'egated by the chairperson. -2r¸ 2.216 Vacancies and Removal From Office A) Vacancies. A membership on the Commission shall become vacant upon the occurrence of any of the following: i) the death of a member; ii) physical or mental disability rendering him incapable of service; iii) a change of residence outside of the City of New Hope; iv) resignation in writing directed to the Commission chairperson; v) failure to serve as evidenced by failure to attend three consecutive meetings without good cause being given to the chairperson prior thereto. B) Removal From Office. The Commission by a 2/3 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 Council. 2. 217 Compensation. The Commission members 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. 2.218 Powers and Duties. The Commission shall have the following powers and duties: (1) To confer with and advise the Council concerning the activities of persons, within the ages of 12 and 18, inclusive, in the City of New Hope. -3- (2) 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 implementa- tion of policies and programs pertaining to youth activities. (3) To provide from youth one member who shall serve as liaison member with the Environmental Commission. (4) The Commission shall render annually a written report of its work to the Council by the second Council Meeting in January following the year involved. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the City Council of the City of New Hope this ,~,5' day of /~/~ ~ ~ ,~ ~.,- . 1974. ~~ayor '(~v~ fil'ot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ~'z2~ day of ~)~¢~,~,~,.~- , 1974) -4- NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ( COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 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 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 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 newsp~aper. He further states on oath that the printed . .~..~.~...~...~. -.~./..-~..~..~'.~..~.~..~. ~. ?..~. i~...~...~.. ............. · ................ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publi?~ed therein in the,English i?n~uage, once each week, for... ?.. successive weeks; that it was first so published on/~ .~,~.~..~/.'~-'-~ the....~....., day of ~ .~.?~.~.~. :'.., 9. ~ ~ and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication Of said notice, to wit: abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sw, grn to before me ths...?.~...~..~~7-~j ........ day of~~--~...~..A.D., te~.~...~ (NOTARIAl- SEAL) Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 74- AN ORDINANCE AMENDING SECTIONS 2. 300 THROUGH 2. 308, INCLUSIVE, OF THE CITY CODE RELATING TO THE NEW HOPE ENVIRONMENTAL COMMISSION. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Sections 2.300 through 2.308, inclusive, of the City Code are amended to read as follows: 2.300 NEW HOPE ENVIRONMENTAL COMMISSION 2. 301 Purpose. (1) There exists an expression of interest among the citizens of this community in regard to the quality of the environ- ment, there being a deep concern for the safety, comfort, and well-being of our citizens, as well as posterity. (2) The problems of environmental control and the quality of the environment affects everyone. (3) Metropolitan growth has historically been coupled with deterioration of ecological systems. (4) It is the duty of government to safeguard our ecological systems and to assure all a safe healthful environment for work and leisure. 2.302 Established and Scope. Subd. (1) Environmental Commission Established. The City Council hereby establishes the New Hope Environmental Commission. This Commission shall function in an advisory role to the City Council and other Commissions on matters of the environment; as a resource group to the community, and as an informational and educational coordinator to the City. Subd. (2) Scope. The City Council may refer to the Environmental Com- mission problems including the following: air, water, watershed, community environmental aesthetics, noise and other pollution, land use, and solid waste disposal for study and recommendation. 2.303 Membership and Terms. The Commission shall be composed of eight members to be appointed by a majority vote the Council, who are residents of the City of New Hope - two of which may be under 18 years of age, and four representatives, one each from the membership of the Park and Recreation Commission, Planning Commission, Economics Develop- ment Commission and Youth Commission. The members over 18 years of age will serve two-year terms. To allow a greater number of younger people to participate, the appointees under 18 years of age will serve one-year terms, to expire the day after the first Council meeting of each year or until their successors are duly appointed and qualified. The Commissions' representatives shall be appointed in January of each year for one-year terms. Each of the 12 members of the Commission shall have one vote. Vacancies shall be filled by the Council for the unexpired portion of the term in the same manner. 2. 304 Organization and Meetings. A) Adoption of Rules. The Commission 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. B) Meetings. (1) Regular Meetings The Commission shall meet as is deemed necessary at the discretion of the Commission, but not less than four times annually. The meetings shall take place in the City Hall in a place conducive to carrying out the organized, intelligent operation of the Com- mission. -2- (2) Special Meetings. Special meetings may be called by the chairman, 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. (3) Open Meetings. A I meetings of the Commission shall be open to the public. Minutes shall be kept of each meeting and shall be filed with the City Clerk as the offi- cial record of t~e activities of the Commission. C) Officers. The Commission shall select a chairman, co-chairman and secretary from among its members each January for terms of one year. The chairman shall prepare an agenda prior to each meeting and distribute the same to all members no less than three days prior to each meeting. The co-chairman shall serve as chairman in his absence, and perform such other duties as may be delegated to him by the chairman. 2.305 Vacancies and Removal of Members. A) ~acancies. A membership on the Commission shall become vacant upon the occurrence of any of the following: i) the death of a member; ii) physical or mental disability rendering him incapable of service; iii) a change of residence outside of the City of New Hope; iv) resignation in writing directed to the Commission chairman. ' B) 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 discreti, on, 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. 2.306 Task Groups. Community task groups that form to study problems of the environment may approach the Commission or be referred to the Commission by the City Council. One or more members of the Com- mission may serve on the task group to act as a communication link between the task group and the Environmental Commission. 2. 307 Compensation. The Commission members 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. 308 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. Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the City Council of the City of New Hope this ,.~" day of ./~ v ~, ~,~ ~-~- , 1974. u liZot, Clerk-Treasurer (Published in the New Hope-Plymouth Post this ~,r_~ day of ~-~'c~,J~,~ , 1974.) -4- ORDINANCE NO. 74-32 AN ORDINANCE AIVI~ N DI N~ SECTIONS 2.30~ THROUGH 2.30~, INCLUSIVE, OF THE CITY CODE RELATING 1~ THE NEW HOPE E NV1RONMEI~TAL COMMISSION. The ( ~ of New HOp~ ~ through -~ City Code are NEW HOPE-PLYMOUTH POST 2.300 '~NE EN- VIR, 2.30t Put AFFIDAVIT oF PUBLICATION (1) There e com~mu, nity in.regard t~.,~he qb~lli~ of the.envir0timent, t~ being a deep concern for t~.: safety, cOmfort, ancl~ well-betng Of' our STATE OF MINNESOTA citizens, as well as posterity. SS. (2)The 0rOblems of environmental COUNTY OF HENNEPIN *centrol and the quality of the eh- vironment affects .everyone. (3) Metropolitan growth has historically been coupled with deterioration* of ec~togi~:al i systqr~. E.C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of (4) It i%~.t~e duty of government to The Post Publishing Co., publisher and printer of the newspaper known as sa~,rd our ecological systems and'~J~ssure all a safe healthful NEW HOPE-PLYMOUTH POST env~ment for work and leisure. 2.302 E~s~lished alii Scope.'*' ' ~,. and has full knowledge of the facts herein stated as follows: ~ Subd.' ~1) Envirbnmenta ~om- (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 ~ missiop Established. i The City Council hereby.estab#$bes week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community ~ the New :HtOOe En~ro~mentar Com. which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents,  mission~.~/This Cut, mission ~s~hall plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports t function,i~ an advis~:y r:01e to tl~e~ity to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its Council ~=~a~,'d~'.other ~ogn~issiorv$ on total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its I matters bt' tl~e en~ji~bn~ent; ~ a local post-office. (5) Said newspaper purports to serve the reSOurce:group to th~ coh~unit~.~and (t as an intofmational and ~,ducati0~al CITIES OF NEW HOPE AND PLYMOUTH coordinator to the City. ' ~ ~' in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open SubcL '(2) Scope. during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and The City Council may refer to' the maintained by the managing officer of said newspaper or persons.in its employ and subject to his direction and control ~ Environmental commissidh pr0b~ms' during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each including the tollewing: air, W~ter,: issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions ~r watershed,.community environmental for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with ~ aesthetics, ftoise and other pollution/ the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form ~ land use, and solid waste disposof~for: prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a study and-re~ommenidatio~..~ notary public stating that the newspaper is a legal newspaper. 2.303 Memt~rship ami. Terms.. ,~ The Com~l'ssion'shalI be~co~ect ~ .~.~..~ ~ of eight members to be aPPo nted'~y a He further states on oath that the printed - g-/~'~ majority vote the Council, wh~.~are ....................................... ' ................................... residents of.the City of New Hope two of which,may be u~der 18 years of aage, and fOUr representat'ives~one ...................................................................................................................... each from the membersh p of tbePark and Recre.ation Commission, P{ar~ning hereto attached as a part hereof was cut from the columns of said newspaper, end was printed and publis ed therein in * ' Commissio~/Ec0nom~cs DeveloPment /'/'~ ...~. /publis~..~ /~/~ Commission and-Youth Commi~s on , The member~ over 18 years of a~lie;will the'English ~.l~guage, once each week, for.../.., successive weeks; that it was first so published on . serve two,year terms: To allow a . greater number of Younger pa°Pie to .~.~. d~a .L~../~.~..~..~....~.~.../.~...~...~.. participate, the appointees uridor 18 the...~..~, y of 19 and was thereafter printed and published on every years of age will serveone-yeaE ter~ns, ' ~to expire the day after the first Council meeting of each year or until their to and including the .......... day of ........ 19 .... and that the following is a printed copy of the successors are duly appointed and .................. ; qualified. The Commiss OhS' repre- sentatives shall be apPOinted in Jan- lower case alphabet from A to Z, beth inclusive, and is hereby acknowledged as being the size and kind of type used in for ~ r terms. Each of the mission Vacan- the composition and publication of said notice, to wit: the in abcdefghijklmnopqrstuvwxyz--SV; pt. Sans ~- own rules governing its meetings, ' pr°cedure~ and functi°nsr' The ' ~~/ ~ ~.._,~...~ rules may be amended from ti0~e ,~ ~ · to time,,upen notice being given'to ~ ~f all rftembers of the proposed' ~ amendtnents, to be acted upb~ a~ a ~ specified meeting. A majority vote ef the ~Commission shall ;be ......................................................... '~ requir~ .~o approv~e 'any prOposed ~ amend~n~fs. Subscribed and swor~ to before (1) Regular Meetings /.~ ~ The Commission shall meet as is me is .............. day oi~...~!.T.~...s~..'P.~...A.D., 19..~.:. deemed necessary at the discretion of the Commission, but not less than four times annually. The ................ ~ meetings shall take place in the ............. ' .......................... City Hall in a place conducive to carrying out the organized, in- (NOTARIAL SEAL) telligent operation of the Com- mission. - [2) Special Meetings. Notary Public, .............................. County, Minnesota Special meetings may be called by · ~the chairman, or three members of the commission, upon three days My Commission Expires .............................. 19.. notice to all members. The notice .... -· shall state the reason for such meeting at the time of giving notice· (3) Open meetings. All meetings of the Commission shall be open to'the public. Minutes shall be kept of each meeting and shall be filed with the City Clerk as the official record of the activities of the Commission. (C) (Mficers. The Commission shall select a · ORDINANCE NO. 74 --~/~. AN ORDINANCE AMENDING SECTION 2.90 OF THE CITY CODE INDUSTRIAL COMMISSION City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Sections 2.91, 2.92 and 2.93 shall be amended to read as follows: 2.91 Short Title. This ordinance shah be known and may be cited as the New Hope Economic Development Commission. 2.92 Definitions. The following words and their derivations when used in Sections 2.90 through 2.107 have the meanings as set out herein: Commission means the Economic Development Commission of the City as created by this Ordinance. Chairman means the Chairman of the Economic Development Commission as provided for hereunder. Secretary means the Secretary of the Economic Development Commission as provided for hereunder. Planning Commission means the City Planning Commission of the of the City of New Hope. 2.93 Establishment. An Economic Development Commission is hereby established to be advisory to the Council and the Planning Commission, and shall have the powers and duties hereinafter set forth. Section 2. Section 2.102 (3) Open Meetings shall be amended to read as follows: (3) Open Meetings. All meetings of the Commission shall be open to the public. Minutes shall be kept of all meetings and a copy filed with the City Clerk, and shall be the official record of the activities of the Commission. Section 3. Section 2.104 Powers and Duties shall be amended by adding the following: (12) To provide one member to serve as a laison member with the Environmental Commission. Passed by the City Council of the City of New Hope this ..zo-~ day of ,//~ ~, ~,~,~ , 1974. Attest: ~'~ p~ouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post this ~"~ day of Z~r_e"~,~ , 1974. ) -2- NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF lV~INNESOTA ~ COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements end sale of subscriptions and maintained by the managing officer of said newspaper or persons.in its employ end subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files e 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 hes filed with the Secretary of State of N~innesota 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 ..~~~.-~....~ ,..~.~.. ~. ?./.~. ~.~...~.. .................... . hereto attached as e part hereof was cut from the columns of said newspaper, and wes printed and published therein in the'EngliS~'~guage, o?ceeach week, for.../. ~ .successiveweeks; that it was first so published o~..~../.~'~..~-~.~~/~/-~ ~---~..~, the..~.~.. .... day o ...f~.....L~..~. 19.~ .~/.. and was thereafter printed and published on every ............... ' ...... to and including the .......... day of ........................ 19 ...... and that the following is e 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--5½ pt. Sans Subscribed and s~zorn to before · methis-..~~.~ .......... day ~~.?/ .D., 19..?..-.~ (NOTARIAL SEA!_) Notary Public ............................... County, N~innesota Nty Commission Expires .............................. 19 ...... ORDINANCE NO. 74-3 5 AN ORDINANCE AMENDING SECTION 4.78, SUBD. (3) OF THE CITY CODE RELATING TO MAINTENANCE OF PARKING AREAS FOR APARTMENTS WITH THREE OR MORE UNITS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.78 (3) of the City Code, Parking, shall be amended to read as follows: Subd. (3) Parking. Regardless of the provisions of 4.68 (1), off-street parking areas shall be paved with an asphaltic or concrete surfacing, including driveways, afford adequate drainage, and shall have continuous interior concrete curbs defining the perimeter. Parking areas shall be used for automobile parking only with no sales, dead storage, body repair work, including frame or fender repair, or mechanical repairs of any kind, except that this shall not apply to maintenance work of a customary or routine nature necessary for the efficient operation of a vehicle, provided that it does not result in oil spillage, lit[er or other damage to the parking area surface, and provided that such maintenance work is completed within 48 hours. Section 2'. This ordinance shall be in full force and effect from and' after its passage and publication.. Passed.by the City Council of the City of New Hope this 9th day of December , 1974. ayor Attest: B e~o£, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ]9 day of Dec. , 1974.) NEW HOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN~ SS. E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the 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 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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, ]966 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. 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 I.a~guage, once each week, for. ~./... successive weeks; that it was first so published on the./...'...., day of ~:..~. 7..~... 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 es being the size end kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before me th is...~...~.....~.~,~., day of~?.'~.~. D., 1~..~....~ Notary Public ............................... County, Minnesota Nty Commission Expires .............................. 19 ...... ORDINANCE NO. 74-36 AN ORDINANCE AMENDING SECTIONS 5.52, 5. 169 and 5.173 OF THE CITY CODE RELATING TO SEWER AND WATER RATES AND PENALTY FOR LATE PAYMENT City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 5.52, Subd. (2), Meter Flow Charges, is amended to read as follows: Subd. (1) Meter Flow Charges. For all premises where the sewer rate is based upon the metered use of water, the rates shall include minimum charge provided in Subd. (1) of $2.00 per quarter, plus forty-five cents ($.45) for each 1,000 gallons of water consumption over and above the initial 1,000 gallons of sewerage included in the minimum charge in Subd. (1). For single family residences only, the charges for the initial quarter and final quarter of each year shall be on the basis of actual gallons of water con- sumed, and charges for the second and third quarters of each year shall be determined by averaging the charges for the preceding two quarterly periods. The quarterly periods shall be as uniform as feasible throughout the City. Section 2. Section 5.169, Water Rates, Subds. (1), (2) and (3) are amended by repealing Subds. (2) and (3) thereof, and leaving said Subds. (2) and (3) blank, and amending Subd. (1) to read as follows: Subd. (1) Single Family, Multiple Dwelling, and Schools. For single family, multiple dwelling (more than one house- keeping unit) and schools, the minimum quarterly charge will be $2.00 for each meter plus forty cents ($. 40) for each 1,000 gallons of consumption over and above the initial 1,000 gallons recorded on said meter for the quarter. Subd. (2) Blank. Subd. (3) Blank. Section 3. Section 5. 173, PaYment, is amended to read as follows- 5. 173 Payment. All bills shall be due and payable when rendered. If pay- ment is not made on or before the last City working day of each month next succeeding the mailing of the bill, a penalty of 5% or $.50, whichever is greater, shall be added to the bill. The actual month of beginning shall be considered as having begun on the first or fifteenth of the month, whichever is closer. Water bills shall be considered to be in default on the first day of the month next succeeding the date the above penalty attaches. Section 4. This ordinance shall be effective from the after its passage and publication. Passed by the City Council of the City of New Hope this 23rd day of December , 197 4. d~/~-J. Erickson, Mayor Attest: ~~ ~ett~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post this 2nd day of January , 197 4 .) ORDINANCE NO, · N O~OINANCE AMENmN~ SE~NS s.s2, 5.~,9 ~nd 5.173 O~ TH~' iCITY ~CODE RELATING TO SEWe, Am) WATER .ATES PENALTY;*~)R LATE PAYMENT. ,;ity of I~ew Hope, Minnesota ;nell of tho City of New Subd, (2), is amended to : NEW HOPE-PLYMOUTH POST read ewer AFF:I AVIT O[ PUBLIGA'FION include for each 1,000' E. C. I~'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of for t~ ~ The Post Publlshing Co., publisher and printer of the newspaper known as : NEW HOPE-PLYMOUTH POST ,hall be as .- throughout the ~ 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 sheaf form equivalent 5.169,. Water ~ in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each and (3) [ week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community (2] and 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 en 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 ~'{1 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 Crystal in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained 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 of 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 recorded on said ~ the Secretary of State of Minnesota prior to January 1, 19~ and each January 1 thereafter an affidavit in the form l prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a '~''~lank'Blank*. . notary public stating that the newspaper is a legal newspaper. , ion Pa,me.,,' S He further states on oath that the printed ..... ' ............................................ S. ~ment. All bills Shall be due ~nd payable~ wflon rendered. If Payment ;is. not;~ ...................................................................................................................... e mLi~e on br before the )ast'City~ w~-king day of each~month i~ext~~ ~u~cceeding the mailing of the bBI; hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publis~ therein in penalty of 5 per cent or $.S0, whichever is greater, shall be added~ td= the ~ bill. The aCtual month o1~ the'English language, once each week, for..~.., successive weeks; that it was first so published on. · , beginning shall be gonsidered a..q~ ~//.)_ ~.,r" having begun on the fi~st or fifteentt~ :or'the month, whichever is closer~ the..~.. ..... day~~..~.~.~..~. .197.."'~..andwasthereafter printed and published on every ..................... ~eter bills shall be.!c0!nsidered to be~ ~ ~ in, default on the fi~t day of th~[ · m~Snth next succeedlr~ the date the~ to and including the .......... 'day of ........................ 19 ...... and that the following is a printed copy of the L ~'al~3ve Penatty attaches.' ~' si~,.i0rl 4.. This ordihance shall .be.~~ !' effe~iYe ~bm the after its passag ~e~ lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in ah~:p~.bl'icah~on. * · I~a~ by the (~ity Council of the; City;~of New Hope. this 23rd day of~' the composition and publication of said notice, to wit: ~ecembor, 197'4. abcdefghJjklmnopqrstuvwxyz 5V2 pt. Sans (Published in The New Hope~ ~ ~~. Plymoufh Post 'this 2nd day J~nuary, 1975.) Subscribed and sworn to before me this ~'~ ~ day Of~/~'~]'~/~/f~-/ D 19 ~'~ ' (NOTARIAL SEAL) Notary Public ............................... County, NUnnesota /V~y Commission Expires .............................. ¥~ ......