1975 ORD ORDINANCE NO. 75- ]
AN ORDINANCE TO PROVIDE FOR A TRAFFIC CONTROL COMMISSION
WITHIN THE CITY CODE
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Chapter 2 of the City Code, Government and Governmental
Units, is hereby amended by adding the following:
2.410 TRAFFIC CONTROL and SAFETY COMMISSION
2. 411 Establishment and Purpose
There is hereby established a Traffic Control and Safety
Commission as an advisory body to the Council for the purpose of developing
and promoting traffic safety and control programs, reviewing applications,
making recommendations for traffic control devices, developing recommenda-
tions for traffic safety programs and enlisting the assistance and cooperation
of neighboring communities, Hennepin County, other agencies of government, and
interested civic groups to implement the traffic and transit programs as developed
and adopted.
2. 412 Membership
Subd. 1. Number
The Commission shall consist of nine (9) members which
shall include a representative designated annually from the
Planning Commission, the Environmental Commission and the
Economic Development Commission; the City Manager or his
designate, the Director of Police or his designate, the Direc-
tor of Public Works or his designate, and three citizens to be
appointed by the Council.
Subd. 2. Terms
The citizen members of the Commission shall be appointed
for two years, except that the initial term for one of the appoin-
tees shall be for one year and shall be determined by lot. All
terms shall expire on December 31, or when a successor is
approved by the Council.
2.413 Organization and Meetings
A. Adoption of Rules
The Commission membership shall adopt its own
rules governing its meetings, procedures and functions.
The rules may be amended from time to time, upon notice
being given to all members of the proposed amendments
to be acted upon at a specified meeting. A majority vote
of the commission shall be required to approve any pro-
posed amendments.
B. Offices
The City Manager shall serve as the Chairperson of
the Commission. The Commission shall select a Vice
Chairperson from among its membership each January
for a one year term. The City Manager shall be responsi-
ble for having minutes prepared for each meeting. The
Chairperson, or in his absence, the Vice Chairperson
shall prepare an agenda prior to each meeting and shall
communicate the same to all members no less than three
days prior to each meeting.
C. Meetings
1)
The Commission shall meet as required, but at least
quarterly, at the City Hall. It shall adopt rules for
the transaction of business, and shall keep a record
of its business and findings, which shall be a public
record.
2) Special Meetings
Special meetings may be called by the City Manager or
three members of the Commission, upon three days
notice to all members. The notice shall state the reason
for such meeting at the time of giving notice.
3) Open Meetinss
Ail meetings of the Commission shall be open to the
public.
-2-
2.414
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 Comm-
ission.
Vacancies and Removal of Members
Subd. 1. Vacancies
Vacancies shall be filled by the City Council for the
unexpired term.
A membership on the Commission shall become vacant
up on:
i) the death of a member;
ii) physical or mental disability rendering him/her in-
capable of service;
iii) a change in residence outside the City limits of New Hope;
iv) in the case of a commission representative or staff member
the resignation from employment or when no longer a mem-
ber of the commission from which the appointment origin-
ated;
v) resignation in writing directed to the Commission Chairman;
vi) failure to serve as evidenced by failure to attend three
consecutive meetings without good cause being given.
Subd. 2. Remova! from Office
The Commission, by a 2/3's vote of its members may petition
to the Council to remove by a majority vote any member when, in
its discretion, the best interests of the City would be served there-
by, after first giving the person so named an opportunity to be
heard before the Commission and the Council.
-3-
2. 415 Compensation
The Commission membership shall serve without compensation,
but may be reimbursed for expenses authorized by the Council when represen-
ting the City, subject to the approval of the City Manager.
2. 416 Powers and Duties
The Commission shall have the following powers and duties:
1)
Establish procedures for reviewing all requests for
traffic signals, stop signs, school crossings and other
traffic control devices and making recommendations
on same to the Council.
2) Establish a procedure for collecting data as to the im-
pact of proposed and existing traffic control devices.
3)
Review and make recommendations to the current traffic
and transit plans for the City, including classification
of streets, public transportation needs, placement of
sidewalks, designation of bicycle and pedestrian routes.
4) Develop public information programs in regard to traffic
related activities and laws.
5)
Prepare and submit to the Council an annual report in
January of each year as to actions that have been taken in
regard to traffic and the anticipated needs of the City in
terms of transit and traffic related items.
Section 2. This ordinance shall be in full force and effect from and
after its passage and publication.
January 1975.
Attest:
Passed by the City Council of the City of New Hope this 2?thday of
Betty P~uliot, City Clerk-Treasurer
, Mayor
(Published in the New Hope-Plymouth Post the 6th day of February 1975.)
-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 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 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 publlc 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 publish, ed therein in
the'English '~?guage'°nce each week, for...//.-successiveweeks; thatit was f rst so pub ished on..~..~x' ~'~./
the'"~" ..... dayof..~.~.'~.-.~-,...~..~--/.~.~. ....19..~.~...andwasthereafterpr ntedandpub shed on every
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication Of said notice, fo wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and suborn to before
.................................
Notary Public ............................... County, /~innesofa
/~y Commission Expires .............................. 19 ......
ORDINANCE NO. 75- 2
AN ORDINANCE AMENDING SECTION 4.30
(MR USES) AND BY ADDING SECTION 4.44
(9) OF THE CITY CODE AND SPECIAL USES
IN RESIDENTIAL DISTRICTS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 4.30 of the City Code is hereby amended by deleting
from the Multiple Family Residential Districts (MR) the following uses:
Churches
Medical
Office
Section 2. Section 4.44 (9) is hereby added to the City Code by establish-
ing special uses in Multiple Family Residential Districts (MR), said section to
read as follows:
4.44 Listing of Special Uses:
(9) In Multiple Family Residential Districts:
Churches
Medical
Office
Section 3. This ordinance shall be effective upon its passage and
publication.
Attest:
Passed by the City Council of the City of New Hope this 27th day of
January, 1975.
~~r~~D /. ~// Mayor
c~:~ k-Treasurer
(Published in the New Hope-Plymouth Post the 6th day of February , 1975.)
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 et least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community
which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents,
plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its
total circulation currently paid or no more than three months in arrears and has entry as'second-class matter in its
local post-office. (5) Said newspaper purports to serve the
CITIES OF NEW 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 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 tha~ the newspaper is a legal newspaper.
He further states on oath that the printed...~ .-~..~'~-,--~..~'~r~...~...~..:..?..~..-~ .~ ~ ....
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and pu_b~-~d therein in
the'English ~rlguage, once each week, for...~.., successive weeks; that it wast rst so pubshed 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---SV2 pt, Sans
m.i ti. il~Subscribed endow rn t° bet°re if.~~~
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
N~y Commission Expires .............................. 19 ......
ORDINANCE NO. 75- 3
AN ORDINANCE AMENDING SECTIONS 4.103
AND 4.104 OF THE CITY CODE RELATING TO
EXTENT OF MR AND LB ZONING DISTRICTS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. The City Code of the City of New Hope'is hereby amended as
to Section 4.103 (7), Extent of MR Multiple-Family Residence Districts, to
read:
(7) Blocks 5 and 8, Howland's Heights Addition, except
Lots 6 and 7 of Block 8 of said Addition.
Section 2. The City Code of the City of New Hope is hereby amended as
to Section 4.104 (4), Extent of LB Limited Business District, to read:
(4)
Lots 6 and 7, Block 8, and all of Block 7, Howland's
Heights Addition, except the South 207 feet of the
West 134 feet of Lot 5, and the South 207 feet of the
East 66 feet of Lot 6.
Section 3. This ordinance shall be effective upon its passage and publi-
cation.
Passed by the City Council of the City of New Hope this 27th day of
January, 1975.
Attest:
' ~C~erk-Tr easur er
Mayor
(Published in the New Hope-Plymouth the 6th day of February , 1975.)
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA {
COUNTY OF HENNEPINf 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 es follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 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 mede 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 end 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 newspape[.
He f0rther 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_~l~guage, 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. 75-4
AN ORDINANCE AMENDING THE CITY ZONING
CODE BY DELETING THE EXISTING SECTION
4.12, SUBD. (2) , AND SUBSTITUTING THEREFOR
A NEW SECTION 4.12, SUBD. (2) (PERMITTED
ENCROACHMENTS, SIDE AND REAR YARDS)
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Sectl. Chapter 4 of the City Code is hereby amended by deleting
Section 4.12, Subd. (2) (Permitted Encroachments in Side and Rear Yards),
and substituting Section 4.12, Subd. (2).
4.12 Permitted Encroachments.
(2) Fencin8 in Various Yard Situations
All fences in any district, not withstanding any other pro-
visions of this ordinance, including the encroachment pro-
visions, shall be permitted and shall conform to the following
regulations.
(A)
Fences not exceeding 6 feet in height may be located in any
side or rear yard in any zoning district. Open fences con-
structed of barbed wire, hay wire, chicken wire or any wire
similar to the above are not permitted in any Residential Dis-
trict except that other than barbed wire open fencing may be
used for trellis type support of vines and other landscaping,
if maintained in a sound condition. For security purposes
barbed wire is permitted for use in Commercial and Indus-
trial Districts in addition to a regular fence providing the
lowest strand is at least 6 feet and the highest strand not
over 10 feet above grade.
(B)
Electrified fences can be used only for security purposes
and then only after approval of the Board of Adjustment and
Appeals using the procedure for a variance.
(c)
Walls or fences required by Council for purposes of
screening outdoor storage, parking area, recreational
areas and similar reasons may be located in any yard.
(D) Privacy fences shall be permitted in rear yards to a
height of 10 feet providing that any such fence over
6 feet in height shall meet the normal building setback
requirements for the zoning district, unless a variance
is obtained.
(E) Fences in front yards shall not exceed 4 feet in height
except for corner lots where no fence, wall, or plantings
exceeding 3 feet in height above curb level shall be
located within 20 feet of the lot corner formed by any
two streets.
Section 2. This ordinance shall be effective after its passage and publication.
Passed by the City Council of the City of New Hope this 2?th day of
January , 1975.
Attest:
f/-/ Edwa~J. Erickson, Mayor
Be~Treasurer
(Published in the New Hope-Plymouth Post this 6 day of February , 1975.)
-2-
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 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.
He further states on oath ..................................... - .....................................
the'English language, once each week, for.../...successive weeks; that it was first so published on ~~__~'.
the...~. '..'...'~. ~ay of...~.....~.~..,.~-.~.. 19~and was thereafter printed and published On every ................ '.~./...
to and including the .......... day of ........................ 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 sw~'n fo before
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 75 - 5
AN ORDINANCE AMENDING SECTION 6.40 OF THE
CITY CODE ENTITLED "VACATING STREETS" TO
INCLUDE PUBLIC UTILITY EASEMENTS, AND
ESTABLISHING PROCEDURES THEREFOR
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Sections 6.40 through 6.44 are amended by being hereby repealed,
and the following Sections 6.40 through 6.44 substituted therefor and here-
by adopted:
6.40 VACATING STREETS AND PUBLICLY
OWNED UTILITY EASEMENTS
6.41 Vacation Proceedings.
Subd. (1) Public Rights of Way and Publicly Owned Easements.
The Council may by resolution vacate any street, alley,
public grounds, public way, or any publicly owned utility
easement, or any portion thereof. As to a public utility ease-
ment, or a part thereof, such easement may not be used for
sewer, drainage, electric, telegraph, telephone, gas or steam
purposes.
Subd. (2) Council. Majority Re(~uired for Vacation on Its
Own Motion.
The Council may initiate such vacation proceedings on
its own motion, and this procedure shall require that a resol-
ution vacating the premises may be adopted only by a vote
of four-fifths of all members of the Council.
Subd. (3) Council Majority Required for Vacation Upon
Petition.
On petition of a majority of the owners abutting the public
property interest to be vacated, a resolution vacating the pre-
mises may be adopted only by a vote of a majority of all of the
members of the Council.
Subd. (4) Change in Legal Description.
The Council resolution vacating the interest of the public
in the proceedings may be modified subsequent to posting and
publication of notice for purposes of clarity, but such modi-
fication may not increase nor decrease the extent or scope of
the vacation proceedings, without republishing and posting
of notice, with the revised legal description.
6.42 Form of Initiating Action.
Subd. (1) Form of Resolution.
In all instances, the resolution of the Council initiating
a vacation proceeding shall include the following, which
should be furnished by the petitioners, unless the Council
is acting upon its own motion:
(a) Name of owner (s)
(b) Home of petitioner (s)
(c) Legal description
(d) Address or general location of premises to be
vacated
(e)
Home address, legal description of abutting
petitioners and the nature of their ownership
interest in the abutting premises
(f) Signatures of each abutting petitioner (Spouses
cannot sign for each other).
Subd. (2) Evidence of Title.
Petitioners shall furnish to the City a current abstract,
registered property certificate, or other indicia of title to
the premises to be vacated as approved by the City Attorney,
and if the premises to be vacated are registered, the Owners
Duplicate Certificate of Title.
-2-
Subd. (3) Fee
The petition to vacate the premises shall be in writing
and shall be accompanied by a non-refundable fee of $125,
plus $10 for each lot or parcel abutting the property interest
proposed to be vacated.
6.43 Notice of Hearing.
After receipt of the evidence of title, the City Attorney shall
review it and the petition and make a written report to the Clerk as
to their sufficiency. Thereafter a hearing shall be held, preceded by
two weeks' published and posted notice. Said notice shall set forth
the time and place of such hearing, and the area proposed to be vaca-
ted. The Clerk-Treasurer shall mail notice to the Minneapolis Gas
Company, Northern States Power Company, Northwestern Bell Tele-
phone Company, to the owner of any fee or easement interest in the
property to be vacated, and both owners and occupants of the abutt-
ing property; but failure to mail notice or any defects in the mailed
notice shall not invalidate the proceedings.
6.44 Resolution Vacating Street or Public Grounds.
At the public hearing held pursuant to notice herein provided
no vacation of the premises shall be made unless the Council determines
that it is for the best interest of the public to vacate the public street,
public grounds, public utility or part thereof, and upon the required
majority stated above, the Council may adopt a resolution vacating
said area. A notice of completion of such proceedings shall be filed
with the Clerk-Treasurer, and thereafter the Clerk shall prepare a
notice of completion of the proceedings, which shall contain the name
of the City, an identification of the vacation, a statement of the time
of completion thereof and a description of the real estate and lands
affected thereby. The notice shall be filed with the County Auditor
and Register of Deeds, and the Abstract returned to its owner, or
if an Owners Duplicate Certificate of Title, the Registrar of Titles
shall be directed to notify the owner when the notice has been duly
recorded.
Passed by the City Council this 27t~anuary~~ / , 1975.
Attest: ~~// Edw~-d J. Erickson, Mayor
q~~liot, City-Clerk Treasurer
(Published in the New Hope-Plymouth Post this6th day of February , 1975.)
-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 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 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 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....~..~....~.. :-. ~..~.~....~...~...,~..~.....~..~...~..~.,.~..~-.~..~..~.. ....................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publi§hed therein in
the'Eng~anguage, once each week, for.../.., s~uccessive weeks; that it was first so published o~ ~.~.,~.. ~.,~...... ~..
the'' '/~"" '~"~-~' '~' day of '//'~ '~" ""~" '¢' "~' "' "' '~'"" "'~'" "?~'~:' 19'' '~' "' and was thereafter printed and pub shed on every ................ .~.~x...
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 ands,worn to before
me this. ~ ........... day of./..~/....~.?.../~.....'[ .~'./. A.D., 19../. ~...
(NOTARIAL SEAL) v
Notary Public, .............................. County~ AAinnesota
N~y Commission Expires .............................. 19 ......
ORDINANCE NO. 75- 6
AN ORDINANCE AMENDING SECTION 2.23 Subd. (3) OF THE
CITY CODE RELATING TO BOND AND COMPENSATION FOR THE
BUILDING INSPECTOR
CITY OF NEW HOPE, MINNESOTA
The City Council of the City of New Hope ordains:
Section 1. Section 2.23 Subd. (3) of the City Code is
hereby amended to read as follows:
Subd. (3) Bond and Compensation.
The Building Inspector (Building Official) shall be
bonded under The Public Employees Blanket Bond in an amount
determined by the City Council of the City of New Hope. All
moneys collected for fees for building permits shall be paid into
the City treasury as received.
Section 2. This amendment shall be effective upon its passage
and publication.
Passed by the City Council this ] Otb day of February
1975.
ATTEST:
Bet~y ~Ro~h~ot, City Clerk-Treasurer
(Published in the New Hope-Plymouth Post this 20 day of February , 1975.)
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 ....~..~...~.~.~ '.~...~--~....~..~E~ ~-
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
/
the'English language, once each week, for.. successive weeks; that it was first so published on ...-~....~..~L.~
the..c::~...~....- .-.~.. day of. ~ .,~,,,,,..._..~/,/....~.. 19.7..~.~. and was thereafter pr nted and published on every~'~ .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--51/= pt. Sans
Subscribed and sworn tp before ~
me this.. C~/....-~...~.~ ..... day Of...'~.../-~/?...-~..~/~,.~...~/..A.D 19 ~--
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 75-
AN ORDINANCE AMENDING SECTION 9.05,
PERMITS AND MODIFICATIONS, OF THE
CITY CODE BY ADDING THERETO SUBDS.
(5) AND (6) PERTAINING TO FEES AND PERMITS.
City of New Hope, Minnesota.
The City Council of the City of New Hope ordains:
Section 1. Chapter 9.05, Permits and Modifications, of the City Code
is hereby amended by adding thereto the following:
Subd. (5) Fees.
Unless hereafter excepted, the fee for any permit required
by the A.I.A. Fire Prevention Code, 1970 Edition, heretofore adopted
by reference, shall be $10, except that the fee for the initial year
shall be $5 if the effective date of the permit is after June 1 of the
year in which the permit is issued.
Subd. (6) Multiple Permits: May Be Combined.
Whenever, under the provisions of this section, or other
sections of this Code, more than one permit is required for the
same location, such permits may be consolidated into a single
permit.
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 24th day of
February , 1975.
,/~.~/ L. W. Hokr, Acting Mavor
Attest:
x{uliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this6th
1975 .)
day of March
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 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 flied 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 publishe~l therein
the*lEnglis.,~3guage, once each week, for..,~.., successive weeksi that it was first so published on ~--.~.~'.~
the...~.'...~"--., day of .................... 19.'?..~.Tand was thereafter printed and published on every .....................
fo 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 sw,~orn to before
me this..·../. ................ day of~./~.~.'-~.~.~.."~.....~..... A D 19 ,~3
.................................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 75- 8
AN ORDINANCE A?IENDING SECTION 4.44 (5)
OF THE CITY CODE RELATING TO SPECIAL
USES IN INDUSTRIAL DISTRICTS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 4.44 (5), In Industrial Districts, is hereby amended
to read as follows:
(5)
In Industrial Districts.
(a) Open storage, where such storage is primary use;
(b) Railroad storage and switching yards;
(c) Motel and restaurants;
(d) Retail sales of products manufactured or processed
on the site (see g, below);
(e) Retail sales in conjunction with a wholesale or ware-
house operation, where discontinued, seconds, display
or sample items are sold at discounted prices (see g,
below);
(f) Heavy equipment sales;
(g) Sales classified under 5 (d) through (f) above shall be
subject to the following requirements and conditions
precedent:
(i) all sales are conducted in a clearly defined space
meeting all requirements for retail sales;
(ii) such use does not violate the provisions of 4.43
(3) (A);
(iii)
the building where such use is located is one having
access to at least a collector level street, without
the necessity of using residential streets;
(iv) hours of operation are limited to 8:00 A.M. to 9:00 P.M.;
(v) any signs posted comply with the requirements for
signs in industrial areas;
(h) In the G1 district only, private, non-profit social service
organizations providing broad 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 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 24th day of
FPhruary , 1975.
/~/?~ L W Hokr, Actlnq Mayor
~~ Clerk-Treasurer
Attest:
(Published in the New Hope-Plymouth Post this 6th
1975 .)
day of March
-2-
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 ahd 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 publ!s~ therein in
the"Englis~guage, once each week, for...~.., successive weeks; that it was first so published on..~~'~"~
the ~ ...~..~a y o f/.~..~.~.~'~ 19 ~'~ .O.."'~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:
abcdefghiiklmnopqrstuvwxyz~51/2 pt. Sans
Subscribed and sv~orn to before
me this ~Z~ day of../.~.~.~.~.~...'~..~ AD 19
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 75- 9
AN ORDINANCE AMENDING SECTIONS 10.13 AND 10.15
RELATIVE TO LICENSE FEES AND HEARINGS ON
APPLICATIONS FOR NON-INTOXICATING
MALT LIQUOR LICENSES.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 10.13 (1) of the City Code License Fees, Amount
shall be amended to read as follows:
Subd. (1) Amount. On-Sale: The annual fees for an "on-sale"
license shall be $400.00; except that the annual fee for a bona fide
club shall be $10.00.
The annual fee for an "off-sale" license shall be
$25.00.
Section 2. Section 10.15 (1) of the City Code, Investigation and
Hearing, shall be amended to read as follows:
Subd. (1) Investigation and Issuance.
i) The Council may withhold approval of any appli-
cation for a period of 60 days, for the purpose of having the
Director of Police investigate the information submitted in
the application. This period may be shortened or lengthened
for good cause. After receiving the report of the Director
of Police, the Council may require the applicant to appear
further before the Council at a public hearing, to be held
in accordance with Subd. 2 of this section.
ii) If no investigation is required, the license shall
be issued upon payment of the fee. If an investigation and/
or hearing is required, the Council may grant or refuse a
license in its discretion.
Section 3.
as follows:
Section 10.21 Closing Hours is hereby amended to read
No sale of beer shall be made: on any day between the hours
of 1:00 a.m. and 8:00 a.m.; on any Sunday between the hours of
1:00 a.m. and 12:00 noon; or on any statewide election day in the
City between the hours of 1:00 a.m. and 8:00 p.m.
Section 4.
and publication.
This ordinance shall be effective from and after its passage
Passed by the City Council of the City of New Hope this24tb
March ,1975.
day of
L.' W. Hokr,~ActingMayor
Attest: ~~
~--~t~c~uliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this 3rd day of April
, 1975.)
-2-
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 Publish lng 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 metier in its
local post-office. (5) Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
in the County of Hennepin andit has its known office of issue in the City of Crystal in said county, established and open
during its regular business hburs 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
~clfelr~iiiiit~itelti~tailtfth~i iheeWlr~iiiil..a~~ ...~... : .~....~..'~.~.. .....................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and ~.~ ~,~,~
the'English~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:
abcdofghiiklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and swo..~b~ efore
me this....?.~ .~.'~. ........... d~y of...~...~...A.D., 19.?....~.
.................................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 75-10
AN ORDINANCE AMENDING SECTIONS 9.80
THROUGH 9.91, INCLUSIVE, OF THE CITY CODE
PERTAINING TO OAK WILT AND DUTCH ELM DISEASE.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Sections 9.80 through 9.91, inclusive, of the City Code
are amended to read as follows:
9.80 OAK WILT AND DUTCH ELM DISEASE
9.81 Purpose.
Subd. (1) Policy Declaration.
The Council has determined that the health of the oak and elm
trees within the City limits are threatened by fatal diseases known
as oak wilt and Dutch elm disease, and that the loss of oak and elm
trees growing upon public and private property would substantially
depreciate the value of property within the City and impair the
safety, good order, general welfare and convenience of the public.
It is the intention of the Council to work in cooperation with the citi-
zens of the City to control and prevent the spread of these diseases
and this ordinance is enacted for that purpose.
Subd. (2) Shade Tree Epidemic Disease Pro,ram.
A program of plant pest and disease control shall be conducted
pursuant to the authority granted by Minnesota Statutes Sections
18. 022 and 18. 023. This program is directed specifically at the con-
trol and elimination of oak wilt and Dutch elm disease and is under the
regulations of the Commissioner of Agriculture of the State of Minne-
sota.
Subd. (3) Definitions.
As used in this ordinance the following words and terms shall
have the meanings given:
(a) "Shade tree" means any oak or elm tree situated in the
City of New Hope.
(b)
"Shade tree disease" means Dutch elm disease caused by
Ceratocystis ulmi, or oak wilt disease caused gy Ceratocystis
fagacearum, sometimes referred to herein as epidemic disease.
9.82
9.83
(c)
"Commissioner" means the Commissioner of Agriculture
of the State of Minnesota.
(d)
"Tree Inspector" means a person who has the necessary
qualifications to properly plan, direct and supervise all
requirements for controlling shade tree disease in one or
more governmental subdivisions within the limits of all
laws, rules, and regulations governing this control, and
who is so certified by the Commissioner.
Tree Inspector.
Subd. (1) Position of Tree Inspector Created.
The position of Tree Inspector is hereby created within the
Park and Recreation Department of the City, replacing the position
heretofor entitled "Forester". The Tree Inspector shall be responsi-
ble to the City Manager, through normal City channels of communi-
cation and authority as established by the City Manager.
Subd. (2) Duties of Tree Inspector.
It is the duty of the Tree Inspector to coordinate, under the
direction and control of the City Manager, all activities of the City
relating to the control and prevention of oak wilt and Dutch elm
disease. He shall recommend to the City Manager the details of a
program for the control of oak wilt and Dutch elm disease, and
perform the duties incident to such a program adopted by the City
Manager, after approval by the City Council of such program. He
shall act as coordinator between the Commissioner of Agriculture
and the City in the conduct of this program.
Subd. (3) Certification of Tree Inspector.
The City Tree Inspector shall be certified as qualified by
the Commissioner, and shall maintain certification as required
by the regulations of the Commissioner.
Subd. (4) Reports of Tree Inspector.
It shall be the duty of the Tree Inspector to make such
reports to the Commissioner as are required by law or by regu-
lations of the Commissioner, and such reports shall also be made
to the City Manager and the City Council.
Nuisance.
Subd. (1) Declaration of a Public Nuisance.
The following are hereby declared public nuisances when-
ever they may be found within the City, whether on private or
publicly owned property.
-2-
9.84
(a)
Any living or standing elm tree or part thereof infected
with the Dutch elm disease fungus Ceratocystis ulmi
(Buisman) Moreau or which harbors any of the elm
bark beetles Scolytus multistriatus (Eichh.) or Hylur-
gopinus rufipes (Marsh).
(b)
Any dead oak or elm tree or part thereof, including logs,
branches, stumps, firewood or other oak or elm material
from which the bark has not been removed.
(c)
Any living or standing oak tree or part thereof infected
with the oak wilt fungus Ceratocystis fagacearum.
(d) Any other shade tree with an epidemic disease.
Subd. (2) Prohibition of Public Nuisance.
No person shall permit any public nuisance as defined in
Section 9.83 (1) to remain on any premises owned or controlled
by him within the City. Such nuisance may be abated in the manner
prescribed by this ordinance.
Inspection and Investigation.
Subd. (1) Inspection.
The Tree Inspector shall inspect all premises and places
within the City as often as practicable and at least as often as required
by the regulations of the Commissioner, to determine whether any
condition described in Section 9.83 exists thereon. He shall in-
vestigate all reported incidents of infestation by Dutch elm fungus
or elm bark beetles, and oak wilt. The inspection of private property
shall be subject to notice provisions to the property owner, as shall
inspection of trees in boulevards, as specified in the following Subd. (2).
Subd. (2) Entry on Private Premises.
Any person certified by the Commissioner of Agriculture as
a Tree Inspector may enter upon private premises at any reasonable
time for the purpose of carrying out any of the duties assigned to
him under this ordinance; however, before making any inspections on
private property within a municipality, it shall be the duty of the Tree
Inspector to give notice of said inspection to all affected residents
either through individual, oral or written notice, by all practicable
means.
-3-
Subd. (3) Diagnosis.
The Tree Inspector shall, upon finding conditions indicating
oak wilt or Dutch elm infestation, immediately send appropriate speci-
mens or samples to the Commissioner of Agriculture for analysis,
or take such other Steps for diagnosis as may be recommended by
the Commissioner. No action to remove infested trees or wood
shall be taken until positive diagnosis of the disease has been
made. The property owner shall be immediately notified by the
Tree Inspector of the specific trees, wood or conditions being in-
vestigated, and at all times shall be fully informed in detail of
conditions suspected, found or diagnosed.
9.85 Abatement Method.
In abating the nuisances defined in Section 9.83, the Tree Inspector
shall cause the infested tree or wood to be sprayed, removed, burned,
girdled, or mechanically or chemically disrupt root grafts, or otherwise
effectively treat so as to destroy and prevent as fully as possible the
spread of oak wilt disease or Dutch elm disease fungus and elm bark
beetles. Such abatement procedures shall be carried out in accordance
with current technical and expert opinions and plans as may be designated
by the Commissioner of Agriculture and may be performed by the property
owner under the supervision of the Tree Inspector. Abatement procedures
shall in all cases be employed with the complete prior knowledge of the real
estate owner.
9.86 Abatement Procedure for Trees and Wood.
Subd. (1) Tree Inspector Action.
Whenever the Tree Inspector finds with reasonable certainty
that the infestation defined in Section 9.83 exists in any tree or wood
within a public or private place in the City, he shall proceed as
follows:
(a) No Imminent Danger.
If the Tree Inspector finds that the danger of infestation
of other shade trees is not imminent because of dormancy,
he shall make a written report of his findings to the
Council which shall proceed by (1) abating the nuisance
as a public improvement under Minnesota Statutes,
Chapter 18.023 using procedures in Chapter 429, or (2)
abating the nuisance as provided in Section 9.86 (2) , pro-
vided, however, that the property owner may by written
agreement elect to abate the nuisance himself, if done
within the time agreed to by the Tree Inspector, and with
methods approved by the Tree Inspector.
-4-
(b) Imminent Danger.
If the Tree Inspector finds that danger of infestation
of other oak or elm trees is imminent, based upon diagnosis
as described in 9.84 (3), he shall notify the property
owner, or the abutting property owner if the infestation
is in the boulevard, personally, if possible, and also by
formal notice as prescribed in 9.87, that the nuisance will
be abated within a specified time, not less than 20 days
from the date of mailing or service of such notice. The
Tree Inspector shall immediately report such action to the
City Manager by letter or written report addressed to the
City Manager, who shall promptly notify the City Council,
and after the expiration of the time limited by the notice he
may, with the approval of the City Manager, abate the nui-
sance, if the owner of the real property has not done so.
Subd. (2) Council Action.
Upon receipt of the Tree Inspector's report required by
Section 9.86 (1) (a) or (b), the Council shall by resolution order the
nuisance abated. Before action is taken on such resolution, the
Council shall publish notice of its intention to meet to consider taking
action to abate the nuisance. This notice shall be mailed as provided
in Section 9.88 to affected property owners and published in the same
manner as for a public improvement under Chapter 429, Minnesota
Statutes. The notice shall state the time and place of the meeting, the
streets affected, or private property affected, action proposed, the
estimated costs of the abatement, and the proposed basis of assessment,
if any, of costs. At such hearing or adjournment thereof, the Council
shall hear property owners with reference to the scope and desirability
of the proposed project. The Council shall thereafter take such action
as deemed necessary.
Subd. (3) Assessment.
(a)
The Tree Inspector shall keep a record of the costs of
abatements done under this Section and shall report
monthly to the Clerk-Treasurer (or other officer de-
signated by the City Manager) all work done for which
assessments are to be made stating and certifying the
deScription of the land, lots, parcels involved and the
amount chargeable to each.
-5-
(b)
On or before September 1 of each year the Clerk-
Treasurer shall list the total unpaid charges for each
abatement against each separate lot or parcel to which
they are attributable under this ordinance. The Council
may then spread the charges or any portion thereof
against the property involved as a special assessment
under Minnesota Statutes, Sections 18. 023 and 429.101
and other pertinent statutes for certification to the county
auditor and collection the following year along with
current taxes. In the alternative, the Council may spread
assessments for the purpose over a period of time not
to exceed five years.
(c)
In the case of the expense of removing or treating diseased
shade trees located in street boulevards, not more than
50 percent of such expense may be assessed to the abutting
properties, which expense shall become a lien on the
property.
(d)
As to trees on private property which are not removed
or treated by the property owner and which are declared
a public nuisance and removed or treated by the City,
the total expense or any part thereof, as determined by
the City, may be assessed to the property and shall there-
after become a lien thereon.
9.87 Notice.
Notice, as provided in Sections 9.86 (1) (a) and (b), 9.86 (2) and
9.88 shall be given as follows: By certified mail addressed to the last
known place of residence of the person to be notified, or by service of
written notice within the State in the same manner as a summons in a
District Court action is served. For the purpose of giving mailed notice,
owners shall be those shown to be such as of the date 30 days prior to
service of the notice, on the records of the County Treasurer, but other
appropriate records may be used for this purpose. Provided, however,
that any property owner may waive the notice requirement, in writing.
9.88 Spraying Nearby Trees.
Whenever the Tree Inspector determines that any oak or elm tree
or oak or elm wood within the City is infested with oak wilt or Dutch
-6-
elm fungus, he may spray all nearby oak or elm trees, with an effec-
tive spray. Spraying activities authorized by this Section shall be
conducted in accordance with technical and expert opinions and plans
of the Commissioner of Agriculture and under the supervision of the
Commissioner and his agents whenever possible, and costs may be
assessed as provided in 9.86 to benefitted property owners.
Notice of spraying operations conducted under this Section shall
be given to affected property owners in accordance with Section 9.87.
9.89. Transporting Oak or Elm Wood.
It is unlawful for any person to transport within the City any
bark-bearing oak or elm wood without having obtained a permit from
the Tree Inspector. The Tree Inspector shall grant such permits when
the purposes of this ordinance will be served thereby.
9.90 Pruning During Hazardous Months.
No oak trees shall be trimmed or pruned during the disease sus-
ceptible period of May and June annually without permission of the Tree
Inspector. In the event of unavoidable oak tree wounding during this
susceptible period, dressings shall be applied as directed by the Tree
Inspector.
9.91 Violation.
Any person who violates Section 9.89 shall be guilty of a mis-
demeanor.
Section 2.
and publication.
March
This ordinance shall be effective from and after its passage
Attest: /~~,~
B et~l~u~ot, Clerk-Treasurer
Passed by the City Council of the City of New Hope this 24th day of
, 1975.
Hok~tl ng Mayor
(Published in the New Hope-Plymouth Post the 3rd day of A?i]
,1975.)
-7-
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 end 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 /Winnesota 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 ....... . .~..~~..~.. ~......~. ~./.. 7...?..~.~../'...~. ..................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publi,~hed therein in
the'English~ I~a~uage, once each week, for ...... successive weeks; that it was first so pubhshed on..~/~; .......
the.. J...~..'~. 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 a~orn to before
m e ~_.~is,~ ............... . ..... da~,~,~,., f~ .. ~./~, 19. .....
(NOTARIAL SEAL)
Notary Public ............................... County, N~innesota
N~y Commission Expires .............................. 19 ......
ORDINANCE NO. 75- ll
AN ORDINANCE AMENDING SUBD. (2) OF
SECTION 10. 411 OF THE CITY CODE RELATING
TO PLACES INELIGIBLE FOR LIQUOR LICENSES.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 10.411, Places Ineligible For License, Subd. (2),
of the New Hope City Code is amended to read as follows:
Subd. (2)
No "on sale" license shall be granted for premises located
within 500 feet of a public school or of any church. In the case
of a school, the distance is to be measured in a straight line from
the parcel or lot upon which the business to be licensed is
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.
Section 2. This ordinance shall be effective from and after its passage
and publication.
Attest:
Passed by the City Council of the City of New Hope the ] ~.+_h day of
April , 1975.
'~ ~easurer
B~liot, Cie -
(Published in the New Hope-Plymouth Post the 24thday of Apb'ii
,1975.)
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 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 nev~paper.
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 ~._~ there~in
the'Englishlan age once each week for ~.. successive weeks thatitwasfirstsopublishedo~ .~..f.~?/?..~.~'~
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 swornJ~o before
metbis -- day of AD ,9
· ............. : ......... .........
................................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
N~y Commission Expires .............................. 19 ......
ORDINANCE NO. 75- 12
AN ORDINANCE AMENDING SECTION 2. 413
OF THE CITY CODE, PROVIDING FOR AN
INCREASE IN THE SIZE OF THE HERITAGE
PRESERVATION COMMISSION.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 2.413, Terms of Office, Membership and Composition,
of the City Code is amended to read as follows:
2.413 Terms of Office, Membership and Composition.
The Commission shall consist of seven 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 chairperson, who shall pre-
side at all meetings held during that year. The chairperson shall
appoint a recording secretary to regularly keep the minutes of each
meeting of the Commission, who shall also be responsible for forwarding
a copy of such minutes promptly to the City Clerk.
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 __
April , 1975.
~t~P~liot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post this 8th
28th day of
EdJd~J. Erickson, Mayor
day of May
,1975. )
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 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 Ntinnesota 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~_! nguage, once each week, for..~.., successive weeks; that it was first so published on ~ .~....~
the...t~.....'~., day of.~/~H~ ........ 19.?.~..~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:
abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and ~n to before
me this ..... ~'.~. ............... '~-~ day of..~".'~
(NOTARIAL SEAL)
Notary Public, .............................. County, Minnesota
Nty Commission Expires .............................. 19 ......
ORDINANCE NO. 75-13
AN ORDINANCE CHANGING THE NAME OF 38TH CIRCLE
LOCATED IN HIPP'S HOPEWOOD HILLS REVISED TO
BOONE CIRCLE
City of New Hope, Minnesota
The Council of the City of New Hope ordains:
Section 1. 38th Circle, as shown and dedicated in the plat of
Hipp's Hopewood Hills Revised, is hereby r~enamed and established
as Boone Circle.
Section 2. The'line of words set forth hereafter in quotations
shall be i~serted at the end of'"APPENDIX A - STREET NAME CHANGES"
of the City of New Hope Code of Ordinances under the column head-
ing shown:
Old Name Location New Name
38th Circle
Hipp's Hopewo.od
Hills Revised
Boone Circle
Section 3. This ordinance shall be effective l~.pon its passage.and
publication.
Passed the 12th day of May, 1975.
ATTEST:
· ~ty Clerk-Treasurer
Mayor
Published in the New Hope-Plymouth Post May 22, 1.975.
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
SS.
.'-. C. L", ',z-Feud, 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 an~ 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 printed . ~.~?..?~'..~.....~....'.. ?..~.~.~..'/.' .-~'>.. .......................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'Fnglish language, once each week, for../.'., successive weeks; that it was first so published on ~/~.../-c~.......'f--~ .~
..... day of. i ....... 19.? .~.'-~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:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
methis.'~...~i..::ill ....... day of~....~.~. AD, 19
..........................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 75-/~'
AN ORDINANCE AMENDING SUBD. (3) ,
IMPOUNDMENT, OF SECTION 9.07 OF THE
CITY CODE PERTAINING TO FIRE LANES.
City of New Hope, Minnesota.
The City Council of the City of New Hope ordains:
Section 1. Subd. (3), Impoundment, of Section 9.07 of the City Code
is hereby amended to read as follows:
Subd. (3) Impoundment.
When any motor vehicle on public or private property
occupies or obstructs any duly designated fire lane in a manner
inconsistent with its intended use for fire protection purposes
and thereby obstructs access to adjacent buildings or prevents
access to any fire hydrant in the normal and usual manner by fire
suppression personnel and equipment, the Fire Department 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
obstructing the fire lane, hydrant, or access to adjacent buildings.
No vehicle impounded pursuant to the provisions of this section
shall be released until a release is obtained from the Police De-
partment and all towing and storing charges have been paid.
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 ~ r_~ day of
~,~ ~__ , 1975.
Attest:
~liot, Clerk-Treasurer
Edged J. Erickson, Mayor
(Published in the New Hope-Plymouth Post the /f~* day of
,1975. )
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 alt 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 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 pu blic 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,~ish~t therei~
the'English lan age rice each week for /.' successive weeks · that it was first so published on ~'~'~' .~~ e~_~
~ ...... 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 cum position and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and swo~before
me .... ....... A.D.,
...........................................
(NOTARIAL SEAL)
Notary Public, .............................. County, N~innesota
N~y Commission Expires .............................. 19 ......
ORDINANCE NO. 75- 15
AN ORDINANCE ADDING SUBD. (3) (C) TO
SECTION 9.01 OF THE CITY CODE RELATING
TO BULK STORAGE. OF LIQUEFIED PETROLEUM
GASES OF THE FIRE PREVENTION CODE.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 9.01, Fire Prevention Code, Subd. (3) of the City
Code is hereby amended by adding thereto the following:
(C) Section 21.6 of the American Insurance Association Fire
Prevention Code is amended to read as follows:
Within the limits established by law restricting the bulk
storage of liquefied petroleum gas, a container or multiple
container installation with a total storage capacity of 2,000
gallons or more shall be protected by mounding in an
approved manner. When in the opinion of the Chief of the
Fire Prevention Bureau, mounding is not necessary or
expedient for the protection of surrounding persons and
property, one or more of the following shall be provided
for protection: (1) protected with approved insulation on
such areas that may be subject to impingement of ignited
gas from pipelines or other leakage, or (2) protected by
an approved system for application of water, or (3) remote
separation of the point of transfer connections and piping,
or (4) protected by other approved means.
Section 2. This ordinance shall be effective from and after its passage
and publication.
June
Attest:
Passed by the City Council of the City of New Hope the 23rd day of
, 1975.
.......... ~. t~-~ ~-/ Edw~)t~d J. Erickson, Mayor
~ ettY"P.0/rilibt, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 10th day of July
,1975.)
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
SS.
5. C. L'Hcr;u'.;, being duly sworn, on oath says he is and during all 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 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 regal newspaper.
He further states on oath that the prlnted... ~~.~....."~...~../.....~.~.....~..~...~..~..-~. :: .......................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein
the'Engli~_~nguage,~nceeach week, for./....s,~uccessiveweeks; that it was first so published on,~, -- ( ) /x~ ...~.~.~. ~
the. ~. ?... ''"day o f~-~.~ ............ 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 ~n to beforej/-- ~//~,~/
me this.../.,...-- .......... day of A O 19
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
AAy Commission Expires .............................. 19 ......
ORDINANCE NO. 75 -
AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY CODE, DESIGNATING FLOOD
PLAINS IN OR ABOUT BASSETT'S CREEK AND SHINGLE 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 hereby amended by the repeal of existing
Sections 4.700 through 4.722 and the substitution thereof
of the following Sections 4.700 through 4.722.
4.701 Title.
This ordinance may be cited and referred to as the Flood Plain
Management Ordinance.
4.702 Policy.
Subd. (t)
It is found and determined by the City Council that the
lands within the flood plains of Bassett's Creek and Shingle
Creek in their natural state are an invaluable land resource:-
that developme~ withlntm flood~pl;a.ins.mustbe regulated on the
basis of and with proper consideration of the impact on the
total creeks along their 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 essen-
tial to avoid rapid runoff of surface waters, to prevent pol-
lution of the creeks, to preserve adequate ground water infil-
tration, to protect surface and ground water supplies, to mini-
mize 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 es-
tablishing a system of management of the flood plain to effec-
tuate the policy set forth in Subd. (I). 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 and Shingle Creek to maximize the coordinated
efforts of all members of the Bassett's Creek Flood Control
Commission (hereinafter referred to as "Flood Control Commis-
sion'') in flood plain management and to provide for uniform
4.703
control for thecommdni~ieswithin the Shingle Creek drainage
area 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.
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 sub-
ject to flooding and which lie below the elevations shown on the
official flood zone profiles 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.
Subd. (8)
"Structure" means anything that is built or constructed, an
edifice or building of any kind, or some piece of work artificially
-2 -
4. 704
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 or-
dinance of the City: "Building Code" means the State Building
Code.
Subd. (10)
"Regulatory Flood Protection 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 manage-
ment 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.
Establishment of Flood Plain.
Subd. (1) Lands Subiect 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 profiles.
Subd. (2) Establishment of Flood Plain.
The flood plain consists of all lands which lie below the ele-
vations shown on the official flood zone profiles on file in the
Protective Inspection Department in the City Hall, copies of which,
reduced in size, are appended to this ordinance. A schematic
representation of the flood plains, based upon the profiles is
also appended to this ordinance for reference and information.
The flood plain districts hereby established are part of the offi-
cial zoning of the City.
Subd. (_3~ Official Flood Zone Profile.
The profiles on file in the Protective Inspection Department,
together with explanatory matter attached thereto, are the official
flood zone profiles and prevail over the profiles and schematic
representations appended to this ordinance. The official flood
zone profiles are hereby adopted by reference and made a part of
this ordinance. The profiles are open to inspection by the public
during normal business hours of the City.
- 3 -
4.705
Subd. (4) Boundaries.
The boundaries of the flood plain shall be determined
from elevations shown on the Official Flood Zone Profiles.
Schematic representations of the flood plain boundaries are
included in the Watershed Management Plan for Bassett Creek
and Shingle Creek and ~e appended to this ordinance for
reference and information. Copies of topographic maps indi-
cating 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 de-
termined, the Official Flood Zone Profile and actual field
elevations shall control.
Subd. (5) Flood Hazard Areas.
The flood hazard areas are hereby des!gnated as those lands
lying below the elevation shown on the Official Flood Zone
Profiles.
Methods Used to Analyze Flood Hazard.
Subd. (I) Management Plan.
Consistent with standards established by the Minnesota
Department of Natural Resources, "the Watershed Management
Plan for the Bassett's Creek Flood Control Commission" and
the"Water Resource Management Plan for Shingle Creek"have
been used to determine the flood plains. Regional flood
profiles were determined by calculating the hydrograph of
runoff for a 100 year frequency storm, and routi, ng them through
the existing drainage system.
Subd. (2) Standards for Flood Hazard Area.
The Board in cooperation with the Flood Control Commis-
sion and the Flood Plain Adminstrator 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 I00 years.
2)
Compute the floodway required to convey the regional flood
without increasing flood heights to an extent which would
cause substantial 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.
-4-
4.705
4. 706
4.707
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.
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
plains 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:
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, wild-
life habitat, game farms, fish hatcheries, shooting pre-
serves, 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 accor-
dance with and in compliance with this ordinance.
Special Uses: Permits
Subd. (I) 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 an-
ticipated uses would unduly affect the efficiency of the capa-
city of the flood plain or unduly increase flood heights.
- 5 -
4.707 Subd. (_1)_
Consideration of the effects of a proposed use shall be based
on the assumption that there will be an equal degree of en-
croachment extending for a significant reach on both sides of
the stream. Any such use which increases the flood plain ele-
vation 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.
F!.I!. Filling is permitted by a municipality upon the
approval of the Flood Control Commission in the Bassett's
Creek area and upon a finding by the City Council in the
Shingle Creek area that the provision for compensating
storage and channel improvement has been provided so that
th.e flood level shall not be i. ncreased at any point along
the channel.
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;
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 stan-
dard project flood, whichever is greater.
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 Bridges. Public utilitie~
railroad tracks, streets and bridges provided they are de-
signed to minimize increases in flood elevation, and are
compatible with the Management Plan of the Flood Control
Commission for the Bassett's Creek area and the August 1974
Water Resource Management Plan for the Shingle Creek area.
Protection of the regulatory flood protection level shall
be provided where failure or interruption of these public
facilities would endanger the public'health or safety or
where such facilities are essential to the orderly~functi:on-
lng of the'area. Where failure or interruption of'service
would not endanger life'or health, a lesser degree of protec-
tion may be provided for minor or auxiliary roads, railroads
or utilities.
- 6 -
4.707
4.708
Subd. (3) Ad,iustments 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 be-
ing used reflect proposed measures for flood control, including
water retention areas, then such elevations shall not be effec-
tive 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 pro-
tection 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 in the Bassett's Creek area. No
special permit in the Bassett's Creek area shall be issued un-
less the proposed use conforms to the land use plans and plan-
ning objectives of the City and the management plan and policies
of the Flood Control Commission.
Administration of Flood Plain Management~?rogram.
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 carry-
ing out his duties.
Subd. (2) Applications: Special Permits: Fee.
Applications for special permits shall be made to the Ad-
ministrator by the owner of the land involved, in duplicate.
The application shall include the following information~
I)
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,
elevation of land areas adjoining each side of the channel,
cross-sectional areas to be occupied by the proposed de-
velopment, 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
-7 -
4,708 Subd. (2)
4.709
3)
existing obstructions on the site, ocation and elevations
of streets, water supply and sanitary facilities, photo-
graphs 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,
floodproofing~ filling, dredging, grading, channel im-
provement, storage of materials, water supply (including
withdrawal and discharge of ground and surface water), and
sanitary facilities.
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 capa-
city 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 sha I be accompanied by a fee of $25.00~
Subd. (3) Review.
Within 45 days .of receipt of the application the Adminis-
trator shall submit the application with his report to the
Commission, to the Flood Control Commission, where applicable,
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 zon-
ing 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 ap-
proval by the Council.
Variances. Board of Adjustments and Appeals
Subd. (I)
The Board shall hear and decide all appeals where it is
alleged that there is an error in any order, requirement,
- 8 -
4.7Q9 Subd. (.1)
decision or determination 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.
Subd. (2) Application.
Application for variance shall be made to the Adminis-
trator 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 pro-
perty 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 Commissionez,
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 pur-
poses expressed in this ordinance.
4.710 Technical Assistance
The Board or the Commission may transmit information received
by it to the Flood Control Commission for technical assistance where
in the judgment of the Board or 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, com-
pliance with technical requirements 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 ~ the Council or Board deems necessary to
carry out the purposes of this ordinance.
-9 -
4.712 Notices, Permits, etc. Forwarded.
Subd. (I) Mailed Notices
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.
Subd. (.2) Notification
The Administrator shall forward to the Commissioner,
within ten days from the date of decision, all decisions on
special use permits or vari.ances granted by the Board, Com-
mission or Council.
4.713 Lapse of Variance or Special Permit.
If within one year after the issuance or grant of a special per-
mit 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 pe-
tition 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 request
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 Commission, in the same manner as the original petition for a
special permit. In determining under this paragraph whether the peti-
tioner 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. tt 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 there-
after be extended.
4.714 Certificate of Zonin~ Compliance.
Upon completion of any work or project pursuant to a special per-
mit or variance granted pursuant to this ordinance, and prior to the
use or occupancy 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
- I0-
4.714
obstruction conforms to the requirements of this ordinance. Prior to
issuance of such Certificate~ applicant~ if requested by the Adminis-
trator~ shall submit a certification by a registered professional en-
gineer or land surveyor, as appropriate, that the permitted obstructions,
including~ but not Ii]mi]ted to~ finished fill and building floor eleva-
tions~ floodproofing~ or other flood protection measures, have been com-
pleted in compliance with the provisions of this ordinance and in com-
pliance 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. (_Il Continuance.
An obstruction or structure, or the use of a structure or
prem[ses~ which was lawful before adoption of this ordinance
but which ils not in conformity with the provisions of this or-
dinance may be continued subject to the following conditions:
No such obstruction, use or structure shall be expanded,
changed, enlarged, or altered in any way without comply-
ing, 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 ordi-
nance, 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 percent 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 reconstructed except in full compliance,
in all respects with the provisions of this ordinance, in-
cluding, 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 either Bassett's
Creek or Shingle Creek, to obstruct the passage of watercraft or to in-
terfere with the use by the public of the beds, banks, waters or channels
of said creeks, 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.
- 11 -
4.717 Removal of Obstructions.
Subd. (1) Natural Obstructions.
The City shall have the right of reasonable entry upon
lands in the flood plains 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 Basset~Creek or Shingle 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 the owner of the adjoining land
within ten days after mailing to such owner of 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 ob-
struction 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 misde-
meanor 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 main-
tained in the flood plain in violation of this ordinance is hereby de-
clared 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 fro. m taking such other lawful
action as is necessary to prevent, remedy or remove any violation.
4.719 Amendments
Subd. (I)
The flood plain elevations on the Profile may be changed
by amendment to this ordinance, and such change, when made,
shall 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. Amendments ~r Bassett's. Creek shall be
submitted ~o the Flood Control Commiss~ion.AII amendments shall
be submitted to the Commissioner, and shall be approved by the
Commissioner prior to adoption.
-12-
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 improve-
ment of any premises than those imposed or required by other statutes,
ordinances, rules, regulations, or permits of the City, State, or the
Flood Control Commission, or by covenants or agreements, the provisions
of this ordinance shall govern.
4.721 Warning and Disclaimer of Liability.
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 lawful y
made hereunder.
4.722 This ordinance shall be effective upon its passage and publication.
Dated the ]4th day of ,JUly
k-Treasurer
975.
Acting ~r
/
Published in the New Hope-Plymouth Post the ~._4]~__day of
1975.
- 13-
STATE OF
I ,g DEPARTMENT OF NATURAL RESOURCES
CENTENNIAL OFFICE BUILDING · ST. PAUL~ MINNESOTA · 55155
August 11, 1975
Harlyn G. Larson
City Manager
City of New Hope
~3+01 Xylon Ave. North
New Hope, MN 55~28
Dear Mr. Larson:
CC~PLIANCEWITHMINNESOTA STATUTES ~lO&.0&
This office has reviewed Ordinance 75-16 that extends flood plain regu-
lations in the City of New Hope to Shingle Creek. Since there are no
changes other than to incorporate the additional data in '~ater Resources
Management Plan for Shingle Creek" and to include an additional provi-
sion suggested by this office, the ordinance meets minimum requirements
in Statewide Standards and Criteria for Msnsgement of Flood iP1s~n Areas
of Minnesota (Miun. Regs. NR 85-93). Ordinance 75-16 is hereby approved.
If we can be of assistance, please contact this office.
Very truly~
Flood Plain Management Unit
JMW:mrs
cc: Ron Harnack
AN EQUAL OPPORTUNITY EMPLOYER
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA (
COUNTY OF HENNF.,PIIq'~ SS.
·-". C. L': ~c;'euIt, being duly sworn, on oath says he is and during all the times herein stated hes 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 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 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 newspa,per.
He further states on oath that the printed . ./.~.~.~~...d'..~.... ~ .....? .~..~-..~.,'~..~. ...........................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'IEnglis~guage' OBcO each week' fOr' ' '/'~' ' successive weeks; that it was first sO published °n ,/~.~...~,.~o.~.~. ~
the'.~.. ....... day o~/,c~j ........... 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 and kind of type used in
the composition and publication Of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and sworn to before
me this ~ ~ day Of. (~'-~ AD 19 ~--
. ...............................
(NOTARIAL SEAL)
Notary Public, .............................. County, Minnesota
My Commission ~xpires ............................. 19 ......
THE CITY OF
the City of New
hereby ardended by
the repeal of existing Sections 4.700
through 4~722'and -the substitution
thereof of the following Sections 4.700
through 4.722.
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 Creak and
Shingle 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 im-
bacton the total creeks along their full
length, that lands within the flood
ptaiea are or may be subiect to loss or
im~revement of value through un-
2) Compute the,floodway required lo
convey the regional food without
increasing flood heighte te an exten?
which would cause substantial
upstream or downstream damage
to existing or reasonably an-
ticipated future development.
Computation of increases in flood
heights caused by an encroachment
shall be basad upon the reasonable
assumption that ther~ Will be an
equal degree of encroachment on
both sides of the stream within that
reach. Generally, any increase in
flood stage attributable to en-
creachments 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.
4.70:5
31 Evaluate the effects of the proposed
use upon the public healthr safety
end general welfare to mlntmJze
these Ioseas described in Section
4.702 of this ordinance.
4.706 F'loo~ Plain Uses: Standards,
Permits.
Subd. (1) Existing Land Use.
No land use shell be changed nor
shall any ob~trbction be changed in its
use er constructed or modified in the
flood plains except i.n accordance
with this ordinance,
Subd. (2) Permitted Uses.
The following open space uses are
coordinated and uplanned develop, permitted in the flood plain to the
merit; that the proper management of extent that they are not prohibited by
development of such lands is essential any other ordinance and provided they
to avoid rapid runoff of surface de not require structures, fill, storage
waters, to prevent pollution of the of materiolserequipment. In addition,
creaks, to preserve adequate ground no use shall adversely affect the 'et-
water infiltration, to protect surface ficiency er unduly restrict the capet-
and ground water supplies, to ityof the channels or ftoodwaysor any
minimize periodic flooding resulting in
loss of life and property; to prevent
interruption of governmental services,
extraordinary public expenditures to
control ronoff, and impairment of the
· ~se, all of which adversely affect
~ubllc health, safety and welfare.
~d. (2) Purpose
.It is the purpose of this ordinance to
guide and regulate the orderly
tributary to the main stream drainage
ditch, or other drainage facility or
system:
a) Agricultural uses such as general
farming, posture, grazlng,~outdoer
plant nurseries, horticulture, truck
farming, forestry~ sod farming or
wild crop harvesting.
b) Industrial-Commercial uses such
as loading areas, parking arean,'
development of land within the flood and airport landing strips.
plain by establishing'a system of c) Private and public recreational
management of the flood plain to of. uses, such as golf courses, tennis
fectuate the policy set forth in Subd. courts, driving ranges, archery
(1). It is. further the intent of the or- · ranges, picnic grounds, boat
dinance to establish a uniform flood
htain management program, con-
sistent with the needs of individual
cities, for all cities having lands within
the flood plain of Beasett's Creak and
Shingle Creek to maximize the
coordinated efforts of all members of
the Bassett's Creek Flood Control
Commission (hereinafter referred to
es "Flood Control Commission") in
flood plain management and to
provide for uniform control fo. the
communities within the Shingle Creek
. launching ramps, swimming areas,
parks, wildlife 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
specified in Subd..(2) are
only upe~ the issuance of a special
permit in accerdnance with and
drainage area and to secure for the compliance with this ordinance. ,
benefit of thecifizees of New Hope the. 4.707 Special Uses: Permits
benefits of the National Flood In- Subd. (1) General Rule.
surance Act of 1968 as amended. - NO temporary or f
Subd~ (3) Statutory Authority. ture er fill for roads~ levees.or
This ordinance is enacted pursuant purposes, deflosit, obstruction,
to Minnesota Statutes, Chapter 104. of materials or equipment or.other
4.703 Definitions. shall-be permitted
Subd. (1)
For pucposes of this ordinance the er in combination with existing
reass~abiy anticipated uses would
' terms defined in this Section have the unduly affect the efficiency of
meanings given them. capacity of the flog~ plain or
Subd. (2)
"Board" means the Board of Ad-
iustments and Appeals of the City~
Subd. (3)
"Commission, means the City
Planning Commission.
Subd. (4)
"Commissioner" means the
Commissioner of the Minnesota
Department of Natural Resources.
Subd. (5)
"Council" means the City Council.
Subd. (6)
~il°ud Plain" means the areas
~ the City which ere sublect to
~ing and which lie below the
elevations shown on the official flood
zone profiles appareled to this pr.
dinance.
Subd. (7)
"Obstruction" means any storage of
material or equipment, any dam, wall,
wharf, embankmont,, levee, road,
dike, pile, abutment, projection, ex-
cavation, channel rectification,
culvert, building, wire, fence,
increase flood heights.
4.707 Subd. (1)
Consideration df the effects of
propesed use shall be based on the
assumption that there will be an equal
degree of encroachment extending for
a significant reach on
stream. Any such use which increases
the food plain elevation by more than
0.5 foot per reach or for the cumulative
effect of several reaches is deemed to j
uncioly decrease the capacity of the
channel er flood plain. .
SUbd. (2) Permit~d Special Uses.
The following uses may be in-
traduced into the flood plain upon the
issuance of a special permit.
e) Fill. Filling is Dermitteb bye
municipality upon the approval
the Flood Control Commission in
the Bassett's Creek area and upon a
finding by the City Council in the
Shingle Creek area that the
provision for compensating storage
and channel improvement has been
provided so that the flood level shall
5) Specifications for building con-
struction and materiels, flood.
proofing, filling, dredging, greeting,
channel improvement, storage of
materials, water supply (including
withdrawal and discharge of
ground and surface wafer), and
sanitary facilities.
6) Description of the water quality if
other than a municipal water
system is ussd, maximum yearly
withdrawal of groun~ waters, and
the impact on the receiving creek of
discharge~ ~ui'face 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 we1 areas in the
flood plain, which cannot be
avoided if the special pel~mit or
variance be granted.
The application shall be ac-
companied by a fee of $25.00.
Subd. (3) Review.
Within 45 days of receipt of the
.epplicetion the Administrator shall
submit the application with his report
to the Commission, to the Flood
Control Commission, where ap-
plicable, 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 shell hear and decide all
appeals where it is alle~ecl that there
is an error in any order, requirement,
decision or determination made by an
administrative officer in the an.
forcment of this ordinance. The Board
shall hear ati 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, ex.
cegt 'as otherwise permitted herein.
Subd. (2) Application.
Application for variance shall be
mede lo the Administrator in the same
4.-708, Subd. (3), and to
together with the data requ
Section end any o~r data he
n~ry ~r a c~plete Fevi~ by
the ~r~.
Su~. (3} Act~ by the Soar~.
U~ r~eipt ~ ~ Administrator's
r~H the ~rd shell hear end d~ide
u~n the appUcefion in the same
~n~r as it ~i~s ap~als
~ zoning ordinance ~ the Ci~
p~v~d~ h~eve~, that ~ variance
s~ll have ~e ~f~t ~ ~rmitti~ a
st~c~re to be st a lower elevation
than the r~ulato~ fl~d proration
elevation of the i~ivldual pr~
u~er c~ideretion. The B~rd shall
take no acti~ in ~e ap~l until
days ~ve elap~ from submissi~
the application te ~e FI~ C~trol
Commission, the ~mmi~ioner, and
the Commission. The recom-
m~ti~s of the FI~ C~trol
Commission and the Commissioner, if
any, shall be c~ider~ by ~e ~ard
in maki~ i~ i~gment. No variance
s~ll be gran~ wight full co~
sideration ~ t~ stewards, policies
a~ ~r~ expre~ in ~is or-
dinate.
4.710 T~hnical A~istance
The B~rd or the C~mission may
transmit in~rmati~ r~eived by it to
the FI~ Con~ol Commi~ion for
t~hnical a~istance where in the
i~g~nt ~ ~e B~rd or Commi~i~
~ch evaiotation is ne~ed fo evaluate
fl~d heights and velocities, the
sum~riea ~ t~ fl~d damage ~ the
u~ and ~e ad~uecy ~ the plans f~
p~t~ti~, compliance wi~ t~hni~l
r~uiremen~ ~ th~ ordinance, State
law ~ r~uioti~ a~ other t~hnicel
4.711 conaitio~ Attract~ te S~c~l
~ermi~ a~ Variance.
The C~ncil may affach such c~
diti~ to ~e granting of s~ial
~mi~, and the B~rd, an~ the
C~ncil on ep~l, m~y att~h cam
ditiom to the g~nting ~ variance*as
t~ Council ~ ~&rd d~ms nec~ry
to carry out the p~p~ of this or-
di~nce.
4.712 '~tices, ~rmits, e~. For-
ward~.
Subd. (1) ~il~ NeUces
The Commi~n, B~rd or C~uncil
shell gi~ ~il~ ~tice ~ the Co~
missioner ~ ea~ h~ring b~e it ~r
a sp~ial p~mit ~ v~iance not le~
~an ten da~ ~ior 1o the date ~ ~e
h~ri~. In additi~, a ~py ~ any
s~cial ~rmit or varian~ ~all
forwarded to the FIo~ Control
Commi~ion wi~in ten days after
SuN. (2) Nofifi~tien
The Administrat~ shall fo~ard
Permit. .. - '.
if within ane y~eer-,.a,f~r th
or grant of a special
variance, the o~w~er or OCCtJ
not have substantially cam
work authorized by sucl
permit or variance, then t
Permit or variance shall be
and ~oid unless a petition for
of time in which to perform
has been granted. Such p
extend time shell be in w~
filed with the City Administr
than 20 days before the exp
one year from the date th~
special permit or variance v
er granted, shall state facts
good-faith attempt to use tt
permit or' variance, and shal
additional time requested to
such work. Such petition, if it
a variance, shall be presont
Board for hearing and deci
appeal t~o* the Council, in
manner as the original re
variance. If the petition tel
special permit, it shall be h
decided by the Council,
report and recommen~atio
Commission, in the same m
the original petition for
permit. In determining ur
paragraph whether the petiti
made a good-faith attempt to
such work, the Board or Cou
ca, sider such factors as th~
size, expense and ~q3e of the
work. It shall be within the
the Board er council, at th;
granting the original reque
special permit or variance, h
two-year period for the comt
the work authorized thereby,
two-year peried may not ther
extended.
4.714 Certificate of Zonin
pliance.
Upon completion of any
project pursuant fo a special
variance granted pursuant
ordinance, and prior to th~
occupancy of the land or ob
permitted by the special p(
variance, a Certificate of
Compliance shall be issued th~
the Administrator stating the
of the lar~d er obstruction con
the requirements of this o~
Prior fo issuance of such Ce
applicant, if requested by
ministrator, shell submit
tificafion by a registered pro
engineer or land surveyor,
propriate, that the permii
structions, including, but
to, finished fill and buildi~
elevations, fioodproofing, a
flood protection measures, h~
ORDINANCE NO. 75- ] 7
AN ORDINANCE AMENDING SECTION 5.52
OF THE CITY CODE AS TO SEWER RATES
City of New Hope, Minnesota
The City Council of the City of New Hope, Minnesota ordains:
Section 1. Section 5.52, Rates, Subd. (2), Meter Flow Charges, is
amended to read as follows:
Subd. (2) Meter Flow Charses.
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 pre-
ceding two quarterly periods; provided, however, that the
charges for the second and third quarters shall not exceed an
amount equal to the actual metered water usage, if less than the
amount determined by the averaging method.
The quarterly periods shall be as uniform as feasible
throughout the City.
sage and~at~n.This ordinance shall be e~s pas-
Suly, 197P5a. ssed by the City Council o~~e ~i~
Attest: ~~_~~ /' ' ^cti~'~ayor ' '
~/(3~te~k~_~Tr easurer
(Published in the New Hope-Plymouth Post the 24th day of. July
,1975. )
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
SS.
"E~ C. L'Her~u~, 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 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 a part hereof was cut from the columns of said newspaper, and was printed and publish, ed therein in
the'English~,guage/~ce ea~ch week, for../.., successive weeks; that it was first so published on .~~
the...~...~....~ay ~ ............ 19.?.'~. ~and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--5V2 pt. Sans
Subscribed and sw.~to before (/~,~ ·
me this...~...~..-.....~ ...... ~day of,~.'~,~.. ........... A.D., 19..~...?
......................................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 75- 18
AN ORDINANCE AMENDING SECTIONS 4.104,
4.107 and 4. 103 OF THE CITY CODE RELATING
TO LIMITED BUSINESS, LIMITED INDUSTRY
AND MULTIPLE FAMILY ZONING
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Seetion 4.104, Extent of LB Limited Business District,
is hereby amended by adding the following:
(19) North 396 feet of West 650 feet of the Northwest Quarter
of Northwest Quarter, Section 20, Township 118, Range 21,
except roads.
(20) The East 50 feet of that part of Lot 9, Auditor's Subdivision
No. 324 lying West of a line running from a point on the North line
of said Lot, distant 192.3 feet East from the Northeast corner of
Lot 7 of said Subdivision to a point on the South line of Lot 9,
distant 650.6 feet East from the Southwest corner of the North-
west Quarter of Section 17, Township 118, Range 21 and North
of South line of Lots 7 and 8 extended.
Section 2. Section 4.107 (6), Extent of LI Limited Industry District,
is amended to read as follows:
(6) That part of the Northwest Quarter of the Northwest
Quarter of Section 20, Township 118, Range 21 lying West
of the East 651.63 feet thereof, except the North 396 feet of
the West 650 feet, together with that part of the Southwest
Quarter of the Northwest Quarter of said section lying West
of the following described line: Commencing at a point on
the North line of said Southwest Quarter of the Northwest
Quarter, a distance of 651.63 feet West of the Northeast corner
thereof; thence South to a point on the South line of Southwest
Quarter of the Northwest Quarter a distance of 650.5 feet West
of the Southeast corner thereof.
Section 3. Section 4. 103, Extent of MR Multiple Family, is
amended by adding the following:
(43) Lots 1 and 14, Block 1, 'Winnetka Hills, 2nd Addition.
Section 4. This ordinance shall be effective from and after its
passage and publication.
Passed by the City Council of the City of New Hope this
of August, 1975.
Attest:
11 day
/× -~.~ Mayor
~J~l~rl~-Treasur;r
(Published in the New Hope-Plymouth Post the 21 day of August , 1975. )
-2-
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENN]~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 Publ ishing Co., publisher and printer of the newspaper known as
NEW HOPE-PLYMOUTH POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community
which it purports to serve and does not wholly 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 Ntinnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form
prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a
notary public stating that the newspaper is a legal newspaper.
He further states on oath that the printed .~/~~..-~.. i..~..~..~., i?...~ ~ ./...~.. .....................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed, and publ~ed thereJn,in
the'Enghsh~n~uage, once each week, f, or...~...successiveweeks;thafitwasf rstsopub shedon ~'~-~
the..~..~ .----. day of ~-~-~J 19 ,,T,.~. .~nd was thereafter r.ntedand ub ................ ~
.......... ~ ................ P ' p I'shed onevery .................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--SV2 pt. Sans
Subscribed and sworn_to b/at, ore
d :Of AD
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 75 -19
AN ORDINANCE AMENDING SECTION 3.05 (ELECTRICAL
PERMIT FEES) OF THE CITY CODE BY ADDING SUBD. (5)A THERETO
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. The City Code of the City of New Hope is hereby amended
by deleting Subd. (5) of Section 3.05 and substituting Section 3 05
Subd. (5) to read as follows: '
Subd. (5) Sockets and Outlets
(a) Sockets
For each permit for the installation of lamp sockets or
lamp receptacles for use on lighting fixtures and drop cords or
attached directly to the outlet, the minimum fee shall be $2.00
for the first ten (10) sockets or receptacleS, or for any fraction
thereof, if less than ten (lO); if between lO and 20, the fee
shall be $4.00. For each additional ten (10) such sockets or
receptacles, or fraction thereof, in excess of the twenty, the
fee shall be $4,00, plus $1.25 for each additional ten or
fraction thereof. '
(b) Outlets
For each permit for the installation of outlets, the minimum
fee shall be $3.00 for the first ten (10) outlets or for any
fraction thereof, if less than ten (10); if between 10 and 20,
the fee shall be $6.00. For each additional ten (10) outlets
or fraction thereof in excess of twenty (20), the fee shall be
$6.00, plus $1.50 for each additional ten or fraction thereof.
Section 2.
publication.
ATTEST:
This ordinance shall be effective after its passage and
.~ /~ j Edward. J[ Erickson, Mayor
Be'tt~y-q~6t, City Clerk-Treasurer
(Published in the New Hope-Plymouth Post this 21stday of August
, 1975.)
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 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 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.
Hefurtherstatesonoaththatthepri"ted...~.'.~'-'.~~ ...~..., ?...~...~./...?. .......................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed an~p.,~ed~th~i~n
the"English ~,Uage, once each week, for../., successive weeks; that it was first so published on/'~'-'.,,~..'.~..-...,- ./~/~. ~...~
the.C~' ...... day of...~..~ ..... 197..~..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, Minnesota
My Commission Expires .............................. 19 ......
ORDINAI~CE IlO, 75 - 20
AN ORDINANCE A~Ei~DING SECTION 4.44 (5) OF THE CITY CODE
RELATING TO SPECIAL USES IN INDUSTRIAL DISTRICTS
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 4.44 (5), In Industrial Districts, is
hereby amended by adding thereto the following:
(i)
In Limited Industry and General Industry Districts - Gym-
nastic Schools, or schools requiring building design fea-
tures (height, clear span roof, etc.) typically found in
industrial buildings exclusively, subject to the following
conditions:
(i)
School may operate only between the hours of
6:00 a.m. to lO:O0 p.m. daily.
(ii)
At least one and one-half (1½) parking spaces for
every two (2) pupils at student capacity, must be
provided on site, unless it can be demonstrated
that a differing amount of parking is required.
(iii)
All special events (exhibitions, etc.) must be
scheduled on night, weekend or holiday times so
as to eliminate conflict with daily work traffic
and parking demand.
(iv)
Compliance wi. th City and State Life and Safety
Codes.
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 14th
of ~t~b~r , 1975.
ATTEST:
'~~k-Treasurer
(Published in the New Hope Plymouth Post this 23rd
1975).
day of October
day
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 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
~ssue 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 language, once each week, for...,~.~.~., successive weeks; that it was f rst so published on .~...~~.~
the C~ ~'~ . .~day 0~'~ 19 ~),~.Zand was thereafter printed and published on evely ............. ~
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn~'o before
me this.....c~.. ~ ............ day of.~~-'~...A.D., 19..?...'~.
.. .................................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
¥
ORDINANCE NO. 75- 2]
AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY
CODE ADOPTING THE MINNESOTA STATE BUILDING CODE
AND CERTAIN APPENDICES; PROVIDING FOR ITS
ADMINISTRATION AND ENFORCEMENT; FIXING FEES
FOR BUILDING PERMITS; AND ESTABLISHING FIRE ZONES.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 3.04, Building Permit Fees, is hereby amended to
read as follows:
3.04 Buildin~ Permit Fees.
Subd. (1) Fee Schedule.
The fee for a building permit is set forth in the following
schedule according to the value of the construction work as de-
fined in Appendix E of the Minnesota State Building Code:
Total Valuation Fee
0 - $250.00 $0
$250.01 to $500.00
$5.00
$501.01 to $2,000.00
$2,001.01 to $25,000.00
$25,001.01 to $50,000.00
$50,001.01 to $100,000.00
$100,001.01 and up
$5.00 for the first $500.00
plus $1.00 for each additional
$100.00 or fraction thereof,
to and including $2,000.00
$20.00 for the first $2,000.00
plus $4.00 for each additional
thousand or fraction thereof, to
and including $25,000.00
$112.00 for the first $25,000.00
plus $3.00 for each additional
thousand or fraction thereof, to
and including $50,000.00.
$187.00 for the first $50,000.00
plus $2.00 for each additional
thousand or fraction thereof, to
and including $100,000.00
$5.00 plus $2.00 for each $500.00
of the estimated total value or
fraction thereof.
Subd. (2) Surcharge.
In addition to the fee required by Subd. (1), the applicant
shall pay a state surcharge in the amount fixed by law. The amount
required by law shall be remitted monthly to the Minnesota Depart-
ment of Administration.
Section 2. The following sections of Chapter 3 of the City Code are
hereby deleted in their entirety:
3.01- 3.03, 3.05, 3.26- 3.33, 3.35- 3.45, 3.48- 3.50,
3.54, 3.60- 3.67, 3.71- 3.73, 3.81, 3.100- 3.107
and the following sections are amended to read as follows:
3.21 Building Code.
The Minnesota State Building Code, one copy of which is on
file in the office of the City Clerk-Treasuer, is hereby adopted as
the building code of the City of New Hope and incorporated in this
ordinance as completely as if set out in full.
3.22 Additional Provisions.
The following appendices and supplementary material to the
Minnesota State Building Code are also adopted as a part of the building
code of the City of New Hope:
A)
State Building Code Appendices
A - Standards
D - Enforcement
B) Uniform Building Code Appendices Chapters 13, 35, 38, 48,
49, 51, 57 and 70 except Section 7007.
C) Minnesota Plumbing Code Appendices A, C, D and F.
D)
Chapters 2 and 3 of the 1973 Edition of the Uniform Building
Code except for Sec. 303 (b), Plan Checking Fees, and
Sec. 306 (a), Use or Occupancy, which shall be amended
to read as follows:
Sec. 303 (b) Plan Checking Fees. All requests for the Build-
ing Department to check plans and specifications for all new
structures, except single family dwellings, to determine
-2-
whether said plans and specifications are in conformity with
the City Code shall be submitted in accordance with regu-
lations promulgated by the City Manager upon such forms as
prescribed by the City Manager and accompanied by the fee
as provided hereinbelow.
The applicant hereunder shall pay a fee in an amount equal
to fifty percent (50%) of the potential building permit fee
as provided in Section 3.04.
Sec. 306 (a) Use or Occupancy. No building or structure
in Groups A - I, inclusive, shall be used or occupied, and
no change in the existing occupancy classification of a building
or structure or portion thereof shall be made until the Building
Official has issued a Certificate of Occupancy thereto as pro-
vided herein.
3.23 Department and Administrative Authority.
The Department of Protective Inspections is the Building Department
and the Building Official is the Administrative Authority wherever those
terms are used in the Minnesota State Building Code and the Appendices
adopted by reference in this ordinance.
3.24 Fire Zones.
Subd. (1) Fire Zone One.
Fire Zone One consists of the following areas: All areas
zoned Retail Business and General Business.
Subd. (2) Fire Zone Two.
Fire Zone Two consists of the following areas: All areas
zoned Limited Business, Limited Industry and General Industrial.
Subd. (3) Fire Zone Three.
Fire Zone Three consists of the following areas: All areas
zoned Multiple Residence and Single Family Residence.
Subd. (4)
Whenever reference is made in the Minnesota State Building
Code to any Fire Zone, it means the fire zone of the same number
as delineated by this section.
-3-
3.25 Violations and Penalties.
It is unlawful for any person, firm, or corporation to erect, con-
struct, enlarge, alter, repair, move, improve, remove, convert or
demolish, equip, use, occupy, or maintain any building or structure
in the City, or cause the same to be done, contrary to or in violation of
any provision of this ordinance or the codes adopted by reference in
this ordinance. Any person, firm or corporation violating this ordinance
or any code adopted by reference in this ordinance shall be deemed
guilty of a separate offense for each day or portion thereof during which
any such violation is committed, continued, or permitted, and upon
conviction of any such violation, such person, firm, or corporation shall
be punishable by a fine of not more than $300 or by imprisonment for not
more than 90 days, or by both such fine and imprisonment, plus the
costs of prosecution in any case.
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 the 24th day of
November , 19 75 ·
Attest:
~- Edward. Erickson, Mayor
B~f~o~liot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 4th day of December , 19 75 .)
-4-
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
SS.
COUNTY OF HENI~F.,PIN
~ r'~ : ~Uly sworn, on oath says he is and during all the times herein stated has been the President of
' ~ ~publisher and printerof the newspaper known as
NEW HOPE-PLYMOUTH POST
the facts herein stated as follows:
s printed in the English language in newspaper format and in column and sheet form equivalent
square inches. (2) Said newspaper is a weekly and is distributed at least once each
has 50 percent of its news columns, devoted to news of local interest to the community
e and does not wholly duplicate any other publication and is not made up entirely of patents,
isements. (4) Said newspaper is circulated in and near the municipality which it purports
~10 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its
~tly paid or no more than three months in arrears and has entry as second-class matter in its
; Said newspaper purports to serve the
CITIES OF NEW HOPE AND PLYMOUTH
~in and it has its known office of issue in the City of Crystal in said county~ established and open
iness 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 ~n 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 languag e, once each week, for ...... successive weeks; that if was first so published on .... ~
the..~.i..'~ay of~(~.)19...~...~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 publicatlon of said notice, to wit:
abcdefghijklmnopqrstuvwxyz~V2 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. 75-22
AN ORDINANCE AMENDING THE CITY CODE BY REPEALING PRESENT
SECTION ON COUNCIL SALARIES AND SUBSTITUTING A NEW SALARY RULE
City of New Hope, Minnesota
The City Council of the City of New Hope, Minnesota ordains:
Section I. Section 2.21 of the Code, entitled Mayor and Councilmen
Salaries is amended in it's entirety to read as follows:
2.21
Mayor and Councilmen Salaries
The salary of the Mayor is hereby established
at $125.00 per two week pay period and the
salaries of each of the Councilmen is hereby
established at $87.50 per two week pay period.
Said salaries to be effective January I, 1977.
Section 2. This ordinance shall take effect upon it's passage and
publication.
Dated the 22nd day of December, 1975.
ATTEST: ~-Tneasu rer
Edwar~;J. Erickson, Mayor
(Published in the New Hope-Plymouth Post the 8th day of January
1976).
NEW HOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ISS.
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 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 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 fu r thor states on oath that the printed . . . .~..~. ~ .~...~.,~.~...~. ,~J--'~ ~.~ 2~. ~- .~--- ~ ~'
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and p_~_u.~s~ d therein~in
the'English language,.~once each week, for.../.., successive weeks; that it was first so published on..~.~?.'.~'..~.~./
~ -'~~Z 19/2 andwasther
the ...... =. day o~.:. ~<'.... ~/. ~ ..... ~:.. eafter 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--5V2 pt. Sans
Subscribed and~rn to before /)
ma t,,s .... ......... day
..................................................
(NOTARIAL SEAL)
Notary Public, .............................. County, Minnesota
My Commission Expires .............................. 19 ......