1977 ORD ORDINANCE NO. 77- 1
AN ORDINANCE AMENDING THE ZONING SECTION
OF THE CITY CODE BY ADDING SECTION 4.109 (2)
FURTHER DEFINING TOWNHOUSE DISTRICT BOUNDARIES
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. The City Code is hereby amended by the addition of the
following Section 4.109 (2):
4.109 Extent of Townhouse (TR) Residence Districts.
(2)
The West 118.97 feet of the South 292.5 feet of that part
of the West 1/2 of the Northeast 1/4 of the Southeast 1/4
lying East of the West 210 feet of Section 6, Township
118, Range 21.
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 /~2 day of
January, 1977.
/ ~ard J. Erickson, Mayor
Attest:~
'B e'~f~ouliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the ~ =~ day of T-z~J.~ ~
/
,1977.)
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HEI~I~EPIN
E. C. L'HerauIt, 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
NE~,V IIOPE-PLYMOUTtt 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
('ITIES OF NEW IlOPE AND PLYMOUTH
in the County of Hennepln and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in 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
iS:sate and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
legal newspaper.
He further states on oath that the printed .... ~f~.~r~?(: '~--.~'~' ~?-- /
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 itwas first so pub,ished on
the ..... ~... day of.. .. 19. ~t~. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and sworn fo before
hi ........ ~2f ............. day 0~..~..A.D., 19.'~.
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77-2
AN ORDINANCE ADDING SECTION 9.03 (f) TO
THE CITY CODE RELATING TO OPERATION OF
SELF-SERVICE GASOLINE STATIONS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1: Section 9.03 of the City Code is hereby amended by adding
the following Section (f):
(f) Section 15.704 is amended by substituting the following:
Self-Service Stations.
(1) Approval Required.
No person shall construct, operate, dispense or modify
any self-service gasoline dispensers in the City without
having obtained the approval of the Fire Prevention Bureau
as detailed below.
(2) Submission of Plans.
Plans for self-service gasoline dispensers shall be submitted,
in dupliCate~, to the Fire Prevention Bureau for review and
approval'. Ail plans shall be reviewed for compliance with
the State Fire Code provisions relatine to self-servic'e
stations for determination that all at{endant controlled
stations are so located as to give attendants a clear and
unobstructed view of all dispensing devices.
(3) Mixed Service Stations.
In locations having both self-service and full-service islands,
only the islands nearest or adjacent to the attendants'
control statiOns may be used for self-service operations,
except that approval shall be given where it reasonably
appears that attendants have a clear and unobstructed view
of any self-service devices.
(4) Existing Self-Service Stations.
a)
Any gasoline station currently operating self-service
dispensing devices shall make application as provided
in Section (2) above, within 30 days of the effective
date of this ordinance.
¸b)
All gasoline stations using both self-service and full-
service islands shall be in compliance with the above
provisions within 12 months of the effective date of
this amended ordinance.
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 10th day of
January, 1977.
Be lerk-Treasurer
(Published in the New Hope-Plymouth Post the 20th day of January
, 1977. )
NEW IIOPE-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
NEx3; IIOPE-PLYMOUTlt POST
and has fuji knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column 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
('ITIES OF NEW IlOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1,196~ 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.
Hefurtherstatesonoaththattheprinted..~.~t ~ 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.. Z. 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 fo Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
........................................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77-3
AN ORDINANCE AMENDING SECTION 11.28
OF THE CITY CODE RELATIN~ TO PARKIN~
FOR THE PHYSICALLY HANDICAPPED.
City of New Hope, Minnesota
The City Council of the City of New Hope does ordain as follows:
Section 1. Section 11.28, Parking For The Handicapped, is amended
by adding the following:
Subd. (3)~Type of Sign Required.
Any sign or identification posted pursuant to Section 5502
of the State Building Code must be permanently affixed to the
building served by the parking spaces so as to afford a clear
and unobstructed view to any person using the designated parking
spaces or, in the alternative, shall be mounted or placed at the
head of the required parking spaces in such a manner as to
prevent any movement or removal without considerable human
effort. Such sign shall be approved by the Minnesota State
Traffic Control Division, containing a blue background with white
letters indicating that a state handicapped parking permit is re-
quired, and shall be at least 18 by 12 inches in size.
Section 2. The ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope the
January , 1977.
10th day of
// Edw~d'J. Erickson, Mayor
Attest: ~~
B~tt3~r~Po~l iot, City C1 erk-Treasurer
(Published in the New Hope Plymouth Post the
20th day of
January , 1977.)
NEW llOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENI~EPIN
E. C. L~Herault, being duly sworn, on oath says he is end during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
NEW llOPE-PLYMOLTTit 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 IlOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City Of New Hope in said county, established and open
during its regular business hours for the gathering Of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates Of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 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. ..dayof
. 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 sworn to before
me this ...... ~/~ .... day~~ 19.~.?
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77.. 4
AN INTERIM ORDINANCE RESTRICTING THE
ISSUANCE OF BUILDING PERMITS AND THE
ACCEPTANCE OF APPLICATIONS FOR FAST
FOOD OUTLETS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. The City Code is amended by the addition of the following
Section 3.03.
3.03 Fast Food Outlet.
Subd. (1) Definition of Fast Food Outlets.
As proposed in the draft of the new comprehensive plan
of the City under the definition of "Convenience Food Establish-
ment,'' a fast food outlet is defined as an establishment which
serves food in or on disposable or edible containers and
individual servers for consumption on or off the premises.
Subd. (2) Moratorium.
A three-month ban on the acceptance of applications
and the issuance of building permits for the construction of
fast food outlets is hereby imposed, to expire April 27, 1977.
Section 2. This ordinance shall be effective upon its passage and
publication.
Passed by the City Council of the City of New Hope the .~f
, 1977.
/
day of
Attest:
(Published in the New Hope-Plymouth Post the ~'?~'~day of ~T~.+,~_f,
/
/ ~E d~~s~on~/, Mayor
, 1977.)
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF I'IENNEPIN
-~-. C: L-'-I-I~'et~t, being duly sworn, on oath says he is and during all the times herein stated has been the l~r-e,~i~t~m~of The
Post Publishing Co., publisher and printer of the newspaper known as
NEW llOPE-PLYMOUTtt 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 fo paying subscribers, has an average of at least 75 percent of its total circulation
currefltly paid or no more than three months in arrears and has entry as second-class matter in ifs local post-
office. (5) Said newspaper purports to serve the
('ITIES OF NEW I1OPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of sa id newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He tuft. her states on oath that the printed .... .~j. -,..., .~...~ .'..., ~.~'. ~. ...................................
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../., success,ye weeks; that it was first so published on
to ~nd includ[n~ the .......... da~ of ........................ 19 ...... and ~hot the followin~ 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 sworn to before
me,h, ........ ..... day
............................................................
(NOTARIAl SEA/)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
MarGh
ORDINANCE NO. 77- 5
AN INTERIM ORDINANCE AMENDING ORDINANCE
77-4 BY EXTENDING THE TIME FOR RESTRICTION
UPON THE ISSUANCE OF BUILDING PERMITS FOR
FAST FOOD OUTLETS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. The City Code is hereby amended by the substitution of
the following Section 3.03, Subd. (2):
3.03 Fast Food Outlets·
Subd. (2) Moratorium.
The temporary prohibition against the issuance of
building permits for the construction of fast food outlets is
hereby extended, to expire on January 11, 1978.
Section 2. This ordinance shall be effective upon its passage and
publication.
Passed by the City Council of the City of New Hope the ] 4th , 1977.
Attest:
Betty'~gouliot, Clerk-Treasurer
d J. Erickson, Mayor
(Published in the New Hope-Plymouth Post the 24th
day of March
day of
,1977.)
NEW liOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer Of the newspaper known as
NEW llOPE-PLYMO[TTI1 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 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
('ITIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 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.
,e,ur,hers,atesonoa,h,hat,heprin,ed ..........................................
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..Z., successive weeks; that it was first so published on .~~
.... ,'.'Z .andwas,hereaf,erpri.,edandpub,,shedo. every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
me this ...... ¢~.'--~.~. .... day of.. ~../~'...A.D., 19~.7
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota ;
My Commission Expires .............................. 19 ......
NEW IlOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
· . ' , 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 ltOPE-PLYMOUTtt 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/~vhich if 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-
off/ce. (5) Said newspaper purports to serve the
('ITIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control du ring all
such regular hours and at which time said newspaper is printed. (6) Said newspaper flies a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
H efu rther stat .... oath that the printed.: .'::'~./~: ..y../..~.~ .~...' .~]. "~"//~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 first so published on...~. '.4~
the...~day of ~..~../.~'~. 19. ~/~..:~and was thereafter prlnted and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and sworn to before
me this..., ~ ~ ....... ~, ........ d;y:, o,..../~~ A.D.,~ 19.~7
.....................................................
(NOTARIAL SEAL)
Notary Public ................ ] .............. County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77-5
AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SUBDIVISION
AND PLATTING OF LAND WITHIN THE CITY OF NEW HOPE
City of New HoMe, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Sections 4.500 through 4.564, Platting, are repealed
in their entirety.
Section 2. Chapter 13 of the City Code, entitled Subdivision
Ordinance of the City of New Hope, is hereby enacted.
13.00
SUBDIVISION ORDINANCE
13.01 General Provisions
(1) Short Title. This Ordinance shall be known as the "SUBDIVISION
ORDINANCE 'OF THE CITY OF NEW HOPE,'I and will be referred to herein
as "this Ordinance."
(2) Purpose. In order to safeguard the best interests of the City
of New Hope and to assist the subdivider in harmonizing his interests
with those of the City at large, the following Ordinance is
adopted in order that adherence to same will bring results
beneficial to both parties. It is the purpose of this Ordinance
to make certain regulations and requirements for the platting of
land within the City of New Hope pursuant to the authority
contained in Minnesota Statutes, which regulations the City
Council deems necessary for the health, safety and general welfare
of this community.
(3) Scope. The provisions of this Ordinance relate to any division
of a tract of land into two or more parcels by platting, re-
platting, conveyance, registered land survey, or other means.
(4) Approvals Necessary for Acceptance of Subdivision Plats.
Before any plat shall be recorded or be of any validity, it shall
be referred to the City Plan~ing Commission and approved by the
City Council of New Hope as having fulfilled the requirements of
this Ordinance.
(5) Conditions for recording. No plat of any subdivision shall
be entitled to record in the Hennepin County Recorders Office
or have any validity until the plat thereof has been prepared,
approved, and acknowledged in the manner prescribed by this
Ordinance.
(6) Building Permits. No building permits will be considered for
issuance by the City of New Hope for the construction of any
building, structure or improvement to the land or to any lot in
a subdivision as defined herein, until all requirements of this
Ordinance have been fully complied with.
-2-
(7) Separability. If any section, subsection, sentence, clause
or phrase of this Ordinance is for any reason to be invalid, such
decision shall not affect the validity of the remaining portions
of this Ordinance,
(8) Conflict. Whenever there is a difference between minimum
standards or dimensions specified herein and those contained in
other official regulations, resolutions or ordinances of the City,
the highest standards shall apply.
(9) Repeal. Any ordinance or provision thereof which is
inconsistent with this Ordinance shall hereafter be repealed.
13.02 Rules and Definitions
13.021 Rules. For the purpose of this Ordinance, words used in the present
tense shall include the future; words in the singular shall include the
plural, and the plural the singular~ and the word shall is mandatory and
not discretionary.
13.022 Definitions. For the purpose of this Ordinance, certain words and
terms are hereby defined as follows:
(1) Alley - is a public right~of-.way which affords a secondary
means Of access to abutting property.
(2) Block - is an area of land within a subdivision that is entirely
bounded b~ streets, or by streets and the exterior boundary or
boundaries of the subdivision, or a combination of the above with
a river or lake.
(3) Boulevard - is the protion of the street right-of-way between
the curb line and the property line.
(4) City - is the City of New Hope.
(5) City Council - is the governing body of the City of New Hope.
(6) Comprehensive Plan - refers to the group of maps, charts and
texts that make up the Comprehensive long-range plan of the City.
(7) Design Standards - are the specifications to land owners or
subdividers for the preparation of plats, both preliminary and
final, indicating among other things, the optimum, minimum or
maximum dimensions of such items as rights-of-way, blocks,
easements and lots.
(8) Easement - is a grant by a property owner for the use of
a striP of land for the purpose of constructing and maintain-
ing drives, utilities, including, but not limited to, sanitary
sewers, water mains, electric lines, telephone lines, storm
sewer or storm drainage ways and gas lines.
(9) Final Plat - is a drawing or map of a subdivision, meeting all
of the requirements of the City and in such form as required by
Hennepin County for the purpose of recording
-3-
(10) Lot - is a portion of a subdivision or other parcel of land
inten~-6-~-for building development or for transfer of ownership.
(Il) Outlot - a lot remnant or parcel of land left over after
platting, Which is intended as open space or other use.
(12) Owner - includes the plural as well as the singular, and where
appropriate shall include a natural person, partnership, firm
association, public or quasi~public corporation, private corp-
oration, or a combination of them.
(13) Parks and Playgrounds - are public land and open spaces in
the City of New Hope dediCated or reserved for recreation purposes.
(14) Percentage of Grade - on street center line, means the
distance vertically (up or down) from the horizontal in feet
and tenths of a foot for each one hundred feet of horizontal
distance.
(15) Pedestrian Way - is a public right-of-way or private easement
across a block to provide access for pedestrians and which may be
used for the installation of utility lines.
(!6) Planning Commission -is the Planning Commission of the City
Of New Hope.
(17) Preliminary Plat - is a tentative drawing or map of a proposed
subdivision meeting requirements herein enumerated.
(18) Protective Covenants -. are contracts entered into between
private parties and constitute a restriction of the use of all
private property within a subdivision generally intended for the
benefit of the property owners and for providing mutual protection
against undesirable aspect of development which would tend to
impair stability of values.
(19) Setback Line - a line within a lot designated on the preliminary
plat between which, and the adjacent street, the erection of an
enclosed structure, or portion thereof is prohibited.
(20) Street - is a public right-of-way affording primary access
by pedestrians and vehicles to abutting properties, whether designated
as a street, highway, thoroughfare, parkway, road, avenue, boulevard.
(21) Streets -- Principal Arterial - Are those highways used
for high' Volumes of traffic, and ~erving as the major links between
the major sub-areas of the region.
(22) Streets -- Minor Arterial - are those used primarily for
heavy traf?ic, and serving a's' thoroughfares between the major
sub-districts of the community.
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(23) Streets -- Collector Street are those that carry traffic
from minor streets to the major system of arterials, including
the principal entrance streets of residential districts.
(24) Street -- Minor Street - are those which are used primarily
for access to abutting properties.
(25) Street - Marginal Access (Service Road) Street - are minor
streets which are parallel and adjacent to thoroughfares and high-
ways; and which provide access to abutting prQperties and protection
from through traffic.
(26) Street -- Cul-de-sac - is a minor street with only one outlet
and having an appropriate terminal for the safe and convenient
reversal of traffic movement.
(27) Street Width - is the shortest distance between lines of
lots delineating the streets right-of-way.
(28) Subdivider - is a developer, and is any individual, firm,
association, syndicate, co-partnership, corporation, trust or
other legal entity having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings
to subdivide the same under this Ordinance.
(29) Subdivision - is a described tract of land which is to be or
has been divided into two or more lots or parcels, the purpose of
transfer of oWnership or building development, or, if a new street
is involved, any division of a parcel of land. The term includes
resubdivision and, where it is appropriate to the context, relate~
either to the process of subdividing or to the land subdivided.
(30) Subdivision Bond - is any form of surety author.ized by law
to secure the performance of those obligations required by the
City of the subdivider to insure the orderly development of a
plat.
13.03 Procedure
13.031 Preliminary Plat.
(1) Filing. Ten (10) copies of the preliminary plat shall be
submitted to the City Clerk. The required filing, fee as established
in Section 12 shall be paid and any necessary applications for
'variances from the provisions of this Ordinance shall be submitted
with the required fee before the proposed plat shall be considered
officially submitted. The proposed plat shall be placed on the
agenda of the first Planning Commission meeting after ten (10)
days from the date of being officially submitted. The plat shall
be considered officially submitted when all of the information
requirements are complied with.
(2) Hearing. The City C'lerk shall set a public hearing for the
next re~gular meeting of the Planning Commission. The Planning
Commission shall conduct the hearing, and report its findings and
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make recommendations to the.City Council. Notice of said hearing
shall be published in the official newspaper at least ten (10)
days prior to the hearing and written notification of said hearing
shall be mailed at least ten (lO) days prior to all owners of
land within three hundred fifty (350) feet of the boundary of
the property in question.
(3) Technical Assistance Reports. After the public hearing has
been set, the City Manager shall instruct the staff to prepare
technical reports, (where appropriate) and provide general
assistance in preparing a recommendation on the action to the
City Council.
(4) Review by Other Commissions or Jurisdictions. Where appropriate,
the City Manager shall file copies of the preliminary plat with
other citycQmmission~and/or county and state agencies for their
review and comment.
(5) Report to Council. The Planning Commission shall make
a recommendation to the City Council within thirty (30) days
following the close of the public hearing.
(6) City Council Action:
(a) Time Limitation. If all requirements of this Ordinance
and as additionally imposed by the Planning Commission are
complied with, the Council shall act upon the preliminary
plat within one hundred twenty (120) days of the date on
which it was officially submitted. If the recommendation
of the Planning Commission has not been received in time to
meet the requirement, the Council may .act on the preliminary
plat without such recommendation.
(b) Preliminary Plat. If a preliminary plat is not approved
by the City Council, the reasons for such action shall be
recorded in the proceedings of the Council and transmitted
to the applicant. If the preliminary plat is approved,
such approval shall not constitute final acceptance of the
layout. Subsequent approval will be required of the
engineering proposals and other' features and requirements
as specified by this Ordinance to be indicated on the final
plat. The City Council may require such revisions in the
preliminary plat and final plat as it deems necessary for the
health, safety, 9eneral welfare and convenie~ce of the City
of New Hope.
(c) Time Limit on Preliminary Approval. If the preliminary
plat is approved by the City Council, the subdivider must
submit the final plat within one hundred (100) days after
said approval, or approval of the preliminary plat shall be
considered void, unless a written request for a time extension
'is~approved by the City Council.
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13,032 Final Plat, ~After the preliminary plat has been approved, the
final plat shall be submitted for approval as follows:
(1) Approval of the Planning Commission. Copies of the final plat
shall be submitted to the Planning Commission for their review and
recommendation, unless this requirement is waived by the Planning
Commission during their review of the preliminary plat.
(2) Approval of the City Council. Twelve (12) copies of the final
plat shall be filed with the City Clerk-Treasurer for distribution
to the City Council, appropriate City Staff, telephone, power
and gas companies at least twenty (20) days prior to a Council meet-
ing at which consideration is requested. During the said twenty
(20) days, the City staff shall examine the final plat and prepare
a recommendation to be submitted to the Planning Commission and
to the City Council. Nature of approval, disapproval, or any delay
in decision of the final plat will be conveyed to the subdivider
within ten (10) days after the meeting of the City Council at
which such plat was considered. In case the plat is disapproved,
the subdivider shall be notified in writing of the reason for
such action and what requirements shall be necessary to meet
the approval of the Council. If accepted, the final plat shall
be approval by resolution, which resolution shall provide for the
acceptance of all agreements for basic improvements, public
dedication and other requirements as indicated by the City
Council.
(3) Filing of Final Plat. If the final plat is approved by
the City Council, the subdivider shall record it with the Hennepin
County Recorder within one hundred (100) days after said approval
or approval of the final plat shall be considered void. The
subdivider shall, immediately upon recording, furnish the City
Clerk-Treasurer with a print and reproducible tracing of the final
plat showing evidence of the recording. No building permits shall
be let for construction of any structure on any lot in said plat
until the City has received evidence of the plat being recorded
by Hennepin County.
(4) Copies of Filed Plat and Revised Topographic Map to City.
Within thirty (30) dayS afte~ approval by the City Council of
the final plat, subdivider shall submit to the City Cl~erk-
Treasurer twelve (12) copies of the final plat as filed, drawn
on substantial paper, at a scale of not less than one (1) inch
equals one hundred (100) feet, together with revised copies of
the City topography map pertaining to the platted area, certified
by a registered engineer or surveyor to be a correct representation
of the platted area in accordance with the new design grades and
elevations.
13.04 Data Required for Preliminary and Final Plats
13.041 Preliminary Plat. The Owner or Subdivider shall prepare and
submit a preliminary plat, together with any necessary supplementary
information. The preliminary plat shall contain the following information:
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(1) General Provisions
(a) Proposed name of subdivision; names shall not duplicate
or closely resemble names of existing subdivisions Wi thin
Hennepin County.
(b) Location of boundary lines in relation to a known
section, quarter sect?bn or quarter-quarter section lines
comprising a legal description of the property.
(c) Names and addresses of the owner, developer and the
designer or surveyor making the plat.
(d) Scale (and bar scale) of plat, not less than one (1)
inch to one hundred (100) feet.
(e) Date of preparation and northpoint.
(2) Existing Conditions.
(a) Boundary line of proposed subdivision, clearly indicated.
(b) ~istingzoning classifications for land within and
abutting the subdivision.
(c) A general statement on the approximate total acreage
and dimensions of the lots.
(d) Location, widths and names of all existing or previously
platted streets or other public ways, showing type, width and
condition of improvements, if any, railroad and utility
rights-of-way, parks and other public open spaces, permanent
buildings and structures, easements and section and corporate
lines within the tract and to a distance of three hundred
and fifty (350) feet beyond the tract.
(e) Location and size of existing sewers, water mains, culverts
or other underground facilities within the tract and to a
distance of three hundred and fifty (350) feet beyond the
tract. Such data as grades, invert elevations, and locations
of catch basins, manholes and hydrants shall also be shown.
(f) Boundary lines of adjoining unsubdivided or subdivided
!and, within three hundred and fifty (350) feet, identified
by name and ownership, including all contiguous land owned
or controlled by the subdivider.
(g) Topographic data, as shown on the City topographic map,
Water courses, marshes, wooded areas, rock outcrops, power
transmission poles and lines, and other significant features
shall also be shown. The City topographic map shall be used,
and shall be furnished by the City to the subdivider at the
subdivider's cost. Topographic maps shall include all!areas
within three hundred and fifty (350) feet of the tract.
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(3) Proposed Design Features
(a) Layout of proposed streets showing the right-of-way
widths, centerline gradients, typical cross sections,
and proposed names of streets. The name of any street
heretofore used in the City or its environs shall not be
used unless the proposed street is a logical extension of
an already named street, in which event the same name shall
be used.
(b) Locations and widths of proposed alleys and pedestrian
ways and utility easements,
(c) Typical cross~sections of proposed improvements upon
streets and alleys, together with an indication of the proposed
storm water runoff, showing drainage from other areas that
contribute storm waters to proposed plats.
(d) Approximate center line gradients of proposed streets
and alleys, and adjoining streets, if any.
(e) Locations and size of proposed sewer lines and water
mains.
(f) Layout, numbers and preliminary dimensions of lots
and blocks.
(g) Minimum front and side street building setback lines.
(h) When lots are located on a curve, the width of the lot
at the building setback line.
(i) Areas, other than streets, alleys, pedestrian ways and
utility easements, intended to be dedicated or reserved for
public use, including the size of such area or areas in acres.
(j) Water Supply, Water mains shall be provided to serve
the subdivision by extension of an existing community system.
Service connections shall be stubbed into the property line when
feasible and all necessary fire hydrants shall also be
provided. Extensions of the public water supply system shall
be designed so as to provide public water in accordance with
the standards of the City of New Hope.
(k) Sewage Disposal. Sanitary sewer mains and service
connections shall be installed to serve all the lots in
the subdivision and shall be connected to the public system.
(1) Provision for surface water disposal, drainage, and flood
control.
(4) S.upplementary Information, The following supplementary in-
formation requirements shall be complied with where they are deemed
appropriate and necessary by the City Manager.
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(a) Statement of the proposed use of tots stating type of residential
buildings with number 6f proposed dwelling units and type ot
business or industry, so as to reveal the effect of the
development on traffic, fire hazards, and congestion of
population. '
(b) An accurate soil survey of the subdivision prepared in
accordance with City specifications.
(c) If any zoning changes are contemplated, the proposed
zoning plan for the areas, including dimensions shall be
shown. Such proposed zoning plan shall be for information
only and shall not vest any rights for the applicant.
(d) Where the subdivider owns property adjacent to that
which is being proposed for the subdivision, the Planning
Commission shall require that the subdivider submit a sketch
plan of the remainder of the property so as to show the
possible relationships between the proposed subdivision
and the future subdivision. In any event all subdivisions
shall be shown to relate well with existing or potential
adjacent subdivisions.
(e) Where structures are to be placed on lots which could
be resubdivided for further development, the preliminary
plat shall indicate placement of structures so that the lot
may be further subdivided.
(f) A plan for soil erosion and sediment control both during
construction and after development has been completed. The
plan shall include gradients of water-ways, designof volocity
and erosion control measures, and landscaping of the erosion
and sediment control system.
(g) A vegetation preservation and protection plan that shows
those trees proposed to be removed, those to remain, the
types and locations of the trees and other vegetation that
are to be planted.
(h) Such other information as may be requested by the
City Staff, Planning Commission, or City Council.
13.042 Final Plat. The owner or subdivider shall submit a final plat
together with any necessary supplementary information. '
(1) Contents. The final plat, prepared for recording purposes,
shall be prepared in accordance with provisions,of Minnesota
State Statutes and Hennepin County and City regulations. The
final plat shall be displayed on a twenty (20) by thirty (30)
inch sheet at a scale of one (1) inch equals one hundred (100)
feet and shall contain the following information:
(a) Location by section, township, range, county and state,
and including descriptive boundaries of the subdivision, based
on an accurate traverse, giving angular and linear dimensions
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which must mathematically close. The allowable error closure
or any portion of a final plat shall be one (1) foot in
seventy-five hundred (7,500).
(b) The lcoation of monuments shall be shown and described
on the final plat. Locations of such monuments shall be
shown in reference to existing offical monuments on the nearest
established street lines, including true angles and distances
to such reference points or monuments.
(c) Location of lots, streets, public highways, alleys,
parks and other features, with accurate dimensions in feet
and decimals of feet, with the length of radii and/or arcs
!of all curves, and with all other information necessary to
reproduce the plat on the ground shall be shown. Dimensions
shall be shown from all angle points of curve to lot lines.
(d) Lots shall be numbered clearly. Blocks are to be
numbered, with numbers shown clearly in the center of the
block,
(e) The acreage of each lot.and parcel of land, other than
streets shall be shown on at least one (1) copy of the final
plat, and furnished to the City.
(f) The exact locations, widths, and names of all streets
to be dedicated.
(g) Location and width of all easements to be dedicated.
(h) Name and address of surveyor making the plat.
(i) Scale of plat (the scale to be shown graphically on a
bar scale), date and northpoint,
(j) Statement dedicating easements as follows: Easements
for installation and maintenance of utilities and drainage
facilities are reserved over, under and along the strips
marked "utility easements,"
(k) Statement dedicating all streets, alleys, parks and
other public areas not previously dedicated as follows:
Streets, alleys, parks and other public areas shown on this
plat and not heretofore dedicated to public use are hereby
so dedicated.
(1) Setback lines shall be shown on at least one (1) copy
of the final plat.
(2) Certification Required.
(a) Certification by registered surveyor in the form required
by Section 505.03 Minnesota Statutes, as amended.
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(b) Execution of all owners of any interest in the land and
any holders of a mortgage thereon of the certificates required
by Section 505.03 Minnesota Statutes, as amended and which
certificate shall include a dedication of the utility
easements and other public areas in such form as approved
by the City Council.
(c) Space for certificates of approval and review to be
filled in by signatures of the Mayor and City Clerk.
The form of approval of the City Council is as follows:'
Approved by the City of New Hope, Minnesota this .........
day of ................... , 19 ....
Signed:
MAYOR
Attest:
City C1 erk
13.05
13.051
13.052
Design Standards
Blocks
(1) General. Block length and width or acreage within bounding
roads shall be such as to accommodate the size of residential
lots required in the area by the zoning ordinance and to provide
for convenient access, circulation control and safety of street
traffic. Blocks intended for commercial, institutional and
industrial use must be designated as such.
(2) Block Length. In general, intersecting streets, determining
block lengths, shall be provided at such intervals as to serve
cross-traffic adequately and to meet existing streets. Where
no existing plats control, the blocks in residential subdivisions
should not exceed thirteen hundred twenty (1,320) feet in length,
except where topography or other conditions justify a departure
from this maximum. In blocks longer than eight hundred (800)
feet, pedestria~ ways and/or easements through the .block may be
required near the center of the block. Blocks for business or
industrial use should normally not exceed thirteen hundred twenty
(1,320) feet in length.
(3) Block Width. The width of the block should be sufficient
to allow two (2) tiers of lots of appropriate depth. Blocks
intended for business or industrial use shall be of such width as
to be considered most suitable for their respective use, including
adequate space for off-street parking and deliveries.
Lots.
(1) Minimums. The minimum lot area, width and depth shall not
be less than that established by the Zoning Ordinance in effect
at the time of adoption of the final plat, except for cul-de-sac
lots which may have a front lot width of not less than forty (40)
feet.
13.053
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(2) Corner Lots, Corner lots for residential use shall have
fifteen (15) feet of additional width to permit appropriate
building setback from both streets as required in the Zoning
Ordinance.
(3) Side Lot Lines. Side lines of lots shall be approximately
at right angles to street lines or radial to curved street lines.
(4) Abut Street. Every lot must have its full frontage abutting
on a City approved street other than an alley.
(5) Setbacks. Setback or building lines shall be shown on
all lots and shall not be less than the setback required by the
Zoning Ordinance.
(6) Water Courses. Lots abutting upon a water course, drainage
way, channel or stream shall have an additional depth and/or width
as required, to assure house sites are not subject to flooding.
(7) Features. In the subdividing of any land, due regard shall
be shown for all natural features, such as tree growth, water
courses, historic spots or similar conditions which if preserved
will add attractiveness and stability to the proposed development.
(8) Lot Remnants. Ail remnants of lots below minimum size left
over after subdividing of a larger tract must be added to adjacent
lots, rather than allowed to remain as unusable parcels.
(9) Crossing Public Boundarz Lines, No plat shall extend over a
municipal or school'd~strict line.
(10) Double Frontaqe Lots. Double-frontage, or lots with
frontage on two parallel streets, shall not be permitted except:
where lots back on arterial streets or highways, or where topo-
graphic or other conditions render subdividing otherwise
unreasonable. Such double-frontage lots shall have an additional
depth of at least twenty (20) feet in order to allow space for
screen planting along the back lot line.
Streets and Alleys
(1) Traffic Circulation. Except for cul-de-sacs, streets shall
connect with streets already dedicated in adjoining or adjacent
subdivisions, or provide for future connections to adjoining
unsubdivided tracts, or shall be a reasonable projection of streets
in the nearest subdivided tracts. The arrangement of arterials
and collector streets shall be considered in their relation to the
reasonable circulation of.traffic, to topographic conditions,
to run-off of storm water, to public convenience and safety, and
in their appropriate relation to the proposed uses of the area to
be served.
(2) Cul-de-Sacs, Minor and Dead Ends. Minor streets should be
so planned as to discourage their use by non-local traffic.
Dead end streets are prohibited, but cul-de-sacs shall be permitted
where topography or other physical conditions justify their use.
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Cul-de-sacs shall not be longer than five hundred (500) feet,
including a terminal turn-around which shall be provided at the
closed end, with an outside curb radius of at least fifty
(50) feet and a right-of-way radius of not less than sixty
(60) feet.
(3)~ Proposed Future Street Plans. Where the plat to be submitted
includes only part of the tract owned or intended for development
by the subdivider, a tentative plan of a proposed future street
system for the unsubdivided portion shall be prepared and
subitted by the subdivider.
(4) Future Subdivision Provision. When a tract is subdivided into
larger than normal building lots or parcels, such lots or
parcels shall be so arranged as to permit the logical location and
openings of future streets and appropriate resubdivision, with
provision for adequate utility connections for such resubdivision.
(5) Intersections. Upon normal conditions, streets shall be
laid out so as to intersect as nearly as possible at right angles,
except where topography or other conditions justify variations.
Under normal conditions, the minimum angle of intersection of
streets shall be eighty (80) degrees. Street intersection jogs
with an offset of less than one hundred twenty-five (125) feet
shall be prohibited unless for reason of topography or other
physical features.
(6) Access Roads. Wherever the proposed subdivision contains
or is adjacent to the right-of-way of a U.S. or State Highway,
principal arterial or Railroad, provision may be made for a marginal
access street approximately parallel and adjacent to the boundary
of such right-of-way, or for a street at a distance suitable
for the appropriate use of land between such street and right-of-way.
Such distance shall be determined with due consideration of the
minimum distance required for approach connections to future grade
separations, or for lot depths.
(7) Sidewalks. Where a proposed plat abuts or includes an arterial
or collector streets, concrete sidewalks of not less than five (5)
feet in width, on both sides of the paved surface shall be provided.
(8) Alleys. Alleys may be provided in commercial and industrial
districts, except that this requirement may be waived where other
definite and assured provisions are made for service access, such
as off-street loading, unloading and parking consistent with and
adequate for the uses proposed. Except where justified by special
conditions, such as the continuation of an existing alley in the
same block or where necessitated by the lack of alternative adequate
off-street loading space, alleys will not be approved in residential
districts. Deadened alleys shall be avoided wherever possible,
but if unavoidable, such deadened alleys may be approved if
adequate turn-around facilities are provided at the closed end.
(9) Half Streets. Half streets shall be prohibited, except
where essential to the reasonable development of the subdivision
in conformity with the other requirements of these regulations;
and where the City Council finds it will be practicable to require
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the dedication of the other half when the adjoining property is sub-
divided. Wherever a half street is adjacent to a tract to be sub-
divided, the other half of the street shall be platted within such
tract. In cases where half streets are accep%ed, the owner and
subdivider shall be required to grade half the streets in accordance
with the plans therefore to be prepared by the City Engineer, and in
addition, the owner and subdivider shall be required to deposit payment
or approved bond with the City for one-half of the City Engineer's
estimated cost of other improvements required for that street under
this Ordinance. In cases where the entire right-of-way has been
dedicated to the public but the property of the owner and subdivider
is located on one side of said street, the owner and subdivider may
be required to grade the entire street in' accordance with the plans
to be prepared by the City Engineer. Building permits shall be
denied for lots on the side of the street where the property is
owned by persons who have not entered into an agreement with the
City for the installation of the improvements required under this
Ordinance.
(10) Widths. For all public ways hereafter dedicated and/or
accepted, the minimum right-of-way and paved width for streets,
alleys or pedestrian ways included in any ~ubdivision shall not
be less than the minimum dimensions for each classification as
follows:
Right-of-Way Paved
Arterial Street ........... + +
Collector Street ....... 70 feet 44 feet
Minor Street ........... 60 feet 30 feet
Cul-de-Sac or
Marginal
Access Service
Streets .............. 60 feet 30 feet ++
Alley ................. ~30 feet 24 feet
+As determined by the New Hope Five Year Transporation Plan.
++For Cul-de-sac see Section 5, Subd. C(2).
Where the existing or anticipated traffic on arterial and collector
~treets warrants greater widths of rights-of-way or paved surface,
these shall be required.
(l.1) Street Grades. Except when, upon the recommendation of the City
Engineer that the topography warrants a greater maximum, the grades
in all streets, arterials, collector streets, minor streets, and
-al'leys in any subdivision shall not be greater than six (6)
percent. In addition, there shall be a minimum grade on all streets
and thoroughfares of not less than .50 percent.
(12) Reverse Curves. Tangents of at least fifty (50) feet in
length shall be introduced between reverse curves on collector
streets.
(13) Reserve Strips_. Reserve strips controlling access to streets
shall be prehibited except under conditions accepted by the City Council.
(14) Private Streets. Private streets shall meet standards as
established by the Planning Commission and approved by the City Council.
13.054
13.055
13.056
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(15) Street Deflections. When connecting street lines deflect
from each other at any one ~oint by more than ten degrees, they
shall be connected by a curve with a radius adequate to insure
a sight distance of not less than three hundred (300) feet for
minor and collector streets, and of such greater radius as the
City Council shall determine for special cases.
(16) Vertical Curves. Different connecting street gradients shall
be connected with vertical parabolic curves. Minimum length, in
feet, of these curves, shall be one hundred (100) feet.
Easements.
(1) Provision for Utilities. Fasements at least ten (10) feet wide,
centered on rear and other lot lines, shall be provided for utilities,
where necessary. They shall have continuity of alignment from
block to block, and at deflection points, easements for pole-line
anchors shall be provided where necessary.
(2) Provisions for ~rainaqe. Easements 'shall be provided alonq
each side of the center line of any water course or drainage
channel whether or not shown in the Comprehensive Plan, to a width
sufficient in the judgment of the City Council to provide proper
maintenance and protection and to provide for storm water runoff and
installation and maintenance of storm sewers, and they shall be
dedicated to the City by appropriate language in the owner's
certificate.
Erosion and Sediment Control
(1) The development shall conform to the natural limitations
presented by toppgraphy and soil so as to create the least
potential for soil erosion.
(2) Erosion and siltation icontrol measures shall be coordinated
with the different stages of construction. Appropriate control
measures shall be installed prior to development when necessary to
control erosion.
(3) Land shall be developed in increments of workable size
such that adequate erosion and siltation controls can be provided
as construction progresses. The smallest practical area of
land shall be exposed at any one peniod of time.
.(4) When soil is exposed, the exposure shall be for the shortest
feasible period of time.
(5) Where the topsoil is removed, sufficient arable 'soil shall
be set aside for respreading over the developed area. The soil
shall be restored to a depth of four (4) inches and shall be of
a quality at least equal to the soil quality prior to development.
Drainage-.
(1) Grown. To insure proper drainage on each individual lot,
the crown of the adjacent street shall be at least eighteen (18)
-16-
inches below the grade of the garage floor of the proposed
strUcture.
(2) Storm Waters. Where municipal storm sewer systems do not
exit, or the introduction of said system is deemed inappropriate
by the City Council, storm water drainage shall be discharged
to marshlands, swamps, retention basins'or other treatment facilities.
Diversion of storm water to marshlands or swamps shall be considered
for existing or planned surface drainage. Marshlands and swamps
used for storm water shall provide for natural or artificial water
level control.
(3) Alteration of Drainage. No existing ditch, stream, drain,
pond, or drainage canal shall be de~pended, widened, rerouted or
filled without written permission from the City Council.
(4) Drainage Ways and Recreational Use. Where artificial channels
must be constructed to augment the natural drainage system, such
channels as well as the natural drainage ways may be planned as
part of the recreation system.
(5) Drainage during Construction. The drainage system shall be
constructed and ope--f~-tional d~ring'the initial phases of contruction.
13.057 Protected Areas. Where land proposed for subdivision contains
drainage ways, water courses, floodable areas, wetlands or steep slopes and
thus may be unsuitable for development, the platting of those areas shall
be consistent with limitations so that not more than twenty-five (25)
percent of the minimum lot area contains wetland soil types, water bodies,
water Courses, drainage ways or flood way areas, or is unusable due to
steep slopes (over eighteen (18) percent). Also, no construction or
grading will be conducted on slopes steeper than eighteen (18) percent in
grade.
13.06 Required Agreements and Bonds.
13.061 General. Prior to final plat approval, the subdivider and City
shall enter into an agreement for the required improvements, as follows:
(l) Plat Bonding Reauirements. Before a final plat is approved by
the City Council, the owner and subdivider of the land covered
by said plat shall execute and submit to the Council an agreement
to make and install within one year, all improvements required
to be installed by him under the provisions of thfs Ordinance.
.In accordance with the time table and plans and specifications there-
fore to be prepared or approved by the City Engineer. The
agreement (hereinafter sometimes referred to as Development Contract)
shall be accompanied by a cash escrow equal to one and' one-half
(1½) times the City Engineer's estimated cost for completing said
improvements, or a corporate performance bond, or other collateral
authorized by law (sometimes-referred to as a subdivision bond)
to be approved by the City, in an amount equal to one and one-half
(1½) tim~s the City Engineer's estimated cost of said improvement.
Bond amounts for assessments for which the developer agrees to
pay shall be determined initially by the cost of the project
as estimated by the City Engineer, and may subsequently be
-17-
modified by the City based upon the actual assessments levied.
The bond shall be accompanied by surety and conditions satisfactory
to the City to assure the City that such improvements and utilities
will be actually constructed by the developer according to the
specifications approved by the City Council as expressed in the
Development Contract, and the assessments which the developer has
specifically agreed to pay in accordance with its contract are
in fact paid on a timely basis. The performance bond or cash
escrow shall be conditioned upon:
(a) Completion of Improvements~ The making and installing
of the improvements required under terms of the Ordinance with-
in the one (1) year period, unless the said one (1) year
period is extended by City resolution, or by the City not
taking action to compel timely performance by the developer,
for any reason. If the City has agreed to perform the work,
the completion of the improvements shall be performed
within the time established by the Council.
(b) Completion of Work. Completion of the work undertaken
by the owner or subdivider in accordance with the Develop-
ment Contract executed by him and for him.
(c) Payment of Assessments. Payment on a timely basis of
all assessments against the premises which the developer
has specifically and contractually agreed to pay.
(d) Payment. The payment by the subdivider to the City of
all expenses incurred by the City, which expenses shall
include by not be limited to expenses for engineering,
fiscal, legal, construction and administration. In instances
where a cash escrow is submitted in lieu of a corporate
performance bond, there shall be a cash escrow.agreement
or Development Contract which shall provide that in the
event the required improvements are not completed within one
year, unless extended by the City Council, all amounts held
under the cash escrow agreement shall be automatically turned
over and delivered to the City and applied by the City
to the cost of completing the required improvements. If
the funds available within said cash escrow agreement are
not sufficient to complete the required improvements, the
necessary additional cost to the City may be assessed
against the subdivision in accordance with assessment
procedures as regulated under Minnesota Statutes, or the
City may, at its option, proceed against these persons who
agreed to pay the sums involved. Any balance remaining
in the cash escrow fund after such improvements have
been made and all expenses therefore have been paid, shall
be returned to the subdivider.
13.062 Inspection of Improvements. All required land improvements to
be installed Under the provisions of this Ordinance shall be inspected at
the subdivider's expense during the course of construction. Such inspection
shall be by the City Engineer or an inspector appointed by the Council.
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13.063 Building Permits Withheld. No building permit shall be issued by
any governing official for the construction of any building, structure or
improvement on any land required to be subdivided by this Ordinance until
all requirements of this Ordinance have been fully complied with.
13.07 Required Improvements.
13.071 General
(1) Staff Approvals of Plat, No final plat shall be approved by
the Council without first receiving a report signed by the City
Engineer and the City Attorney certifying that the improvements
described therein, together with the agreements and documents
required under Section 7 of this Ordinance, meet the requirements
of the City and certification by the City Clerk-Treasurer that
all fees required to be paid to the City in connection with the plat
have been paid.
(2) Performance Bonds. The City of New Hope shall where appropriate
require of a subdivider submission of a bond acceptable in form and
surety to the City in the amount equal to one and one half (1½)
times the original cost of the improvements, which shall be ~h force
for one year following the final acceptance of any requirement
improvements and shall guarantee satisfactory performance of the
said improvements.
(3) "As Built" Drawings. Where improvements are not installed
by the City, reproducible "as built drawings" shall be furnished
to the City by the subdivider of all required improvements. Such
"as built drawings" shall be certified to be true and accurate by
the registered engineer responsible for the installation of the
improvement.
(4) No final plat shall be approved by the City Council on land
subject to flooding or containing poor drainage facilities, and on
land which would make adequate drainage of the streets and lots
impossible. However, if the subdivider agrees to make improvements
which will, in the opinion of the City Engineer, make the area
completely safe for residential occupancy and provide adequate
street and lot drainage and conform to applicable regulations of
other agencies such as the U.S. Corps of Engineers, or the Depart-
ment of Natural Resources, the final plat of the subdivision may
be approved. In addition, such plats may not be appr6ved~!if the
cost of providing municipal services to protect the flood plain
area would impose an unreasonable economic burden upon the City.
13.072 Water and Sewer Facilities. Sanitary sewers, and water distribution
facilities shall be installed by the City and costs assessed in accordance
with the assessment procedures as regulated under Minnesota Statutes No. 429.
13.073 Monuments.
(1) Official monuments, as designated and adopted by the Hennepin
County Surveyor's Office and approved by the Hennepin County
District Court for use as judicial monuments, shall be set at each
-19-
corner or angle on the outside boundary of the final plat. The
boundary line of the property to be included with the plat to
be~fully dimensioned; all angles of the boundary excepting the
closing angle to be indicated; all monuments and surveyor's
irons to be indicated, each angle point of the boundary perimeter
to be so monumented.
(2) Pipes or steel rods shall be placed at each lot and at each
intersection of street center lines. All United States, State,
County or other official bench marks, monuments or triangular
stations in or adjacent to the property shall be preserved in
precise positio~ and shall be recorded on the plat. All lot and
block dimensions shall be shown on the plat and all necessary angles
pertaining to the lots and blocks, as an aid to future surveys shall
be shown on the plat. No ditto marks shall be permitted in indicat-
ing dimensions.
(3) To insure that all irons and monuments are correctly in
place following the final grading of a plat, second monumentation
shall be required. Proof of the second monumentation shall be
in the. form of a surveyor's certificate and this requirement shall
additionally be a condition of the certificate of occupancy as
provided for in the Zoning Ordinance.
13.074
Street Improvements.
(1) The full width of the right-of-way shall be graded, including
the subgrade of the areas to be paved, in accordance with standards
and specifications for street construction as outlined in Sections
5 and 9 of this Ordinance.
(2) All streets shall be improved with pavement in accordance
with the standards and specifications for street construction as
required in Section 9.
(3) All streets to be surfaced shall be of an overall width in
accordance with the standards and s.~ecifications for construction
as approved by the City Council. The portion of the right-of-
way outside the area surfaced shall be sodded or riprapped by the
developer if deemed necessary.
(4) Curb and gutter will be ~equired on all streets according
to specifications for street construction as set forth in Section
9. All curb corners shall have a radius of not 1Ess than fifteen
'(15) feet except at collector and margihal access streets where
they shall be not less than twenty-five (25) feet.
(5) The grade and drainage requirements for each plat shall be
established by the City Engineer at the expense of the applicant.
Every plat presented for final signature shall be accompanied by
a Certificate of the City Engineer that the grade and drainage
requirements have been met. In an area not having municipal
storm sewer trunk, the applicant shall be responsible, before
platting, to provide for a storm water disposal plan, without
damage to properties outside the platted area, and said storm
-20-
water disposal plan shall be submitted to the City Engineer who
shall report to the City Council on the feasibility of the plan
presented.
(6) Street .trees having a trunk diameter (measured 12 inches
above the ground) of not less than two (2) inches shall be planted
along al! streets where trees do not exist, one to a lot. This
requirement will be satisfied, and it is preferable if an equivalent
number of trees of the same size exist or are planted in a natural-
istic way in the front yards of the adjoining lots. Street trees
shall be planted in at least one (1) cubic yard of growing soil.
Boulevard sodding shall be planted in conformance with the
standards and specifications as required in Section 9.
(7) Street signs of the standard design as specified in Section
9 shall be installed at each street intersection.
(8) Driveway approaches and or sidewalks of standard design
or pedestrian pathways as may be required by the City Council shall
be installed in conformance with the standards and specifications
contained in Section 9.
(9) Street lighting fixtures as may be required by the City
Council shall be installed.
13.075 Public Utilities.
(1) Placement of Lines. All the utility lines for telephone
and electric service shall be placed in rear-line easements when
carried on overhead poles.
(2) Underground Lines. Where telephone, electric and gas
service lines are placed underground entirely throughout a sub-
divided area, conduits or cables shall be placed within easements
or dedicated public ways in a manner which will not conflict
with other underground services. Further transformer boxes shall
be located so as not to be hazardous to the public. All drainage
and underground utility installations which traverse privately
owned property shall be protected by easements.
13.076 City Election to Install Improvements. The City may, in its
discretion, elect to install all or any part of the improvements condition-
ed upon the developer providing a bond guaranteeing payment for the cost or
assessments as acceptable to the City.
13.077 City Topographic Map. The subdivider shall revise the City
topographic map at his expense to conform with elevations as revised for
subdivision purposes.
13.078 Railroad Crossings. No street dedications will be accepted which
require a crossing of a railroad unless sufficient land is dedicated to pro-
vide for a clear and safe approach view as determined by the City Council
and Minnesota Public Service Commission.
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13.08 Improvement Schedule
13.081 Profile-Street Grade. Prior to granting of any building permits
within a new subdivision and prior to the construction of any improvements
a utility nature, the developer shall establish a profile grade for all
streets therein to a City approved sub-grade. Upon approval by the
City Engineer, the said streets may be cut to grade, instead of sub-grade.
13.082 House Services. Each house service curb box shall be installed
at the property line. During construction each curb box shall be
appropriately marked and prior to final approval by the City each curb box
shall be inspected by the City for damage. House services for water and
sanitary sewer may be placed in the same trench if copper water service
and cast iron soil pipe are used.
13.083 Location of Buried Utilities. A1 buried utilities shall be placed
in the street right-of-way in the following location unless approved
otherwise by the Council.
(1)
(2)
Sanitary Sewer. Centerline of stree't.
Water Main. Twelve (12) feet--North or East of centerline.
(3) Storm Sewer. Ten (10 Feet South or West of centerline.
(4) Water and Sewer Services. At center of each lot. If not
in a common trench, water service shall be at least ten (10)
feet upstream of the sewer service at center of lot, said sewer
service to be toward the lowerend of lot, as specified by the
City in individual cases.
(5) Gas Main..South and West of Street centerline and eleven
(11) feet from property line.
(6) Telephone Lines. North and East of Street centerline and
eleven (11) feet from property line,
13.084 Street Surfacing. All streets and alleys shall,be surfaced in
accordance with the following specifications: ~
(1) Standard Cross Section. All residential streets shall be
constructed to conform to the New Hope Standard Street Cross
Sections as shown on Standard Detail Drawings IO1A through
108A. '
(2) Procedure. Street construction shall proceed in the
following manner unless otherwise approved, in writing, by the
Engineer.
(a) After the design street grades have been approved
by the Engineer, the street shall be cut to the aporoved
grade and immediately subcut to the elevation of the bottom
of'the base. All unstable material shall be removed and
backfilled with stable material as approved !by the
Engineer. The subgrade centerline shall be profiled
-22-
prior to installation of utilities to insure compliance
with design grade and 'the profile submitted to the Engineer
for his approval.
(b) The developer may provide a temporary gravel surface
during installation of utilities and construction of homes
sufficien~ to carry traffic. Temporary drainage shall be
maintained at all times. No permanent driveways shall be
constructed in the right-of-way until after the installation
of concrete curb and gutter. The contractor shall provide
a bituminous dust coat, at his own expense, if requirred
by the Engineer.
(c) Concrete curb and gutter shall be constructed, upon
approval of the Engineer, only after all utilities and
services are in place. Boulevard sod, boulevard trees
and street signs shall be installed after completion of
curb.
(d) Prior to placing permanent gravel base, the sub-base
shall be regraded as necessary to provide for a full 8"
of acceptable gravel base and three (3) inches of bituminous
surfacing. All soft spots and settlement shall be eliminated.
Any gravel base placed as temporary gravel surfacing that
is contaminated with subgrade material shall be removed.
After the sub-base has been approved by the Engineer,
the contractor shall place and compact the permanent gravel
base. All manholes, catch basins and gate valves shall be
adjusted to the design grade by the contractor prior to
paving.
(e) No paving shall be allowed until the base has been inspect-
ed and approved by the Engineer. There shall be a paving
inspector furnished by the City on the job site at all times
and the contractor shall notify the Engineer in sufficient time,
no less than twenty-four (24) hours prior to paving, to
schedule an inspector to be present.
(f) A peagravel or slurry seal coat as determined by the City
shall be applied to the finished street. Seal coat shall
not be applied until all soft spots or breakups have been
repaired and until the adjustment of all manholes, catch
basins and gate valves have been checked by the City.
(3) Construction Requirements. Construction shall be in accord-
ance with all requirements of the most current Minnesota Department
of Highways specification sections hereinafter referred to unless
specifically changed herein.
(a) Grading.
(1) Construction procedure and methods shall be in
accordance with~Minnesota Highway Department
Specification Sections 2105, 2106 and 2110.
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(2) The entire right-of-way shall be graded to the
approved design glade as shown on Detail Plate IO1A.
(3) It shall be the responsibility of the contractor
to protect from damage all existing utilities and shall
repair immediately any damage thereto. The contractor
shall remove immediately any sand, gravel or other
material from the manholes, catch basins or gate
valve boxes at his own expense.
(b) Concrete Curb and Gutter and Driveway Aprons.
(1) C~nstruction procedure and methods shall be in
accordance with Minnesota-Highway Department Specifica-
tion Section 2531 and in accordance with Standard
Detail Drawing 108A.
(2) No curb shall be installed without approval of
the Engineer.
(3) Where curb is to be installed over service trenches
less than one (1) year after installation of utilities,
special compaction shall be required over said trenches.
Two (2) No. 4 reinforcing bars shall be inbedded in
the curb to extend not less than five (5) feet beyond
each edge of said trench. This reinforcing is required
regardless of when curb is placed.
(4) Any damaged or broken curb or any curb not
meeting the above specifications shall be removed
immediately upon written order by thc Engineer ahd
replaced at the contractor's expense.
(5) A concrete driveway apron extending fr6m the back
of the curb to the property line shall be constructed
in accordance with details shown on Standard Detail.
Plate 106A.
(c) Base
(1) Construction procedure and methods shall be in
accordance with Minnesota Highway Department Specifica-
tion Section 2202.
(2) Class 5 or 6 gravel base shall be used.
(3) Test results of the base material shall be submitted
for approval to the Engineer to verify compl'iance with
Section 3138 of the Minnesota Highway Department
specifications prior to installation.
(4) Any temporary gravel surfacing above the design
subbase that does not meet a Class 5 gravel specifica-
tion shall be removed.
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(5) No permanent gravel base shall be constructed until
the sub-base has been inspected and approved by the
Engineer.
(6) Four (4) inches of bituminous base in accordance
with Minnesota Highway Department Specification
Section 2331 may be substituted for Class 5 gravel
base.
(d) Surfacing.
(1) Construction procedure'and methods shall be in
accordance with Minnesota Highway Department
Specification Section 234'1.
(2) Copies of test reports and proposed mix
proportions shall be submitted to the Engineer
for his approval and shall designate the amount and
type of materials to be used for prime and seal coat.
(3) Three hundred (300) pounds per square yard of
surfacing mix shall be applied in one (1) layer.
(4) Paving will be permitted only after base has been
inspected and approved by the Engineer.
(5) An inspector furnished by the City shall be on the
job site during the paving construction.
(e) Seal Coat.
(1) Constructioh procedure and methods shall be in
accordance with Minnesota Highway Department
Specification Section 2356.
(2) Seal Coat shall not be applied less than two (2)
months after completion of paving and shall not be
applied without approval of the Engineer.
(3) Seal coat may be delayed one (1) year from
completion of paving.
(4) An inspector furnished by the City shall be
on the job site during the seal coat application.
(f) Sod, Boulevard Trees, Street Signs.
(1) Construction procedure and methods for sod shall be
in accordance with Minnesota Highway Department Specifica-
tion Section 2576.
(2) Sodding shall be done after completion of curb and
gutter.
(3) All water service curb boxes shall be adjusted to
grade at time of installation of sod.
-25-
(4) It shall~be the responsibility of the contractor
to finish grade th6 boulevard in accordance with City
Street~Standard Cross-section Sheet IO1A, and to
protect all survey monuments and property irons
and shall replace any that are disturbed or destroyed.
(5) One (1) 2½" to $"calqperapproved street tree shall
be provided for each lot. If planted within the public
right-of-way, the tree shall be planted five (5) feet
behind back of curb at the approximate center of each
lot, but not over sewer service. Developers are
encourgged, however, to plant street trees on the
lot in conformance with Section 8, Subd. D(6).
(6) Street signs shall be located at each intersection
as shown on Standard Detail Plate 104A and shall be in
accordance with Standard Detail 103A.
(4) Inspection. Inspection necessary to determine compliance
with the above specifications will be provided by the City. The
developer shall notify the Engineer in sufficient time to schedule
inspectors as necessary; in no case shall such notice be less
than 24 hours prior to anticipation of work.
(5) Faulty Work. Any work which, in the opinion of the Engineer,
does not meet the above specifications shall, upon written order
from the Engineer, be removed immediately and replaced and corrected
by the developer at his own expense. The cost of all inspection
and supervision required to insure correction of the unacceptable
work and all tests necessary to insure that such faulty work has
been corrected shall be paid for by the contractor. The City
will not accept any street for permanent maintenance until after
correction of faulty or unacceptable construction.
(6}~ Incorporation. Minnesota Highway Specifications Sections
2105, ~106, 2110, 2202, 2341, 2356, 2531, 2576 and 3138 are
hereby incorporated by reference as thouqh fully set forth herein.
Three copies of said specifications shall be filed in the City
Clerk's office for inspection and use of the public and shall be
marked with the words, "The City of New Hope--official copy."
Standard Detail Drawings lO1A through 108A, are hereby incorporated
by reference as though fully set forth herein. Three copies of
said drawings shall be filed in the City Clerk's o~fice for
inspection and use of the public and shall be marked with the words,
"The City of New Hope--official copy."
13.09 Registered Land Surveys and Conveyance by Metes and Bounds.
13.091 Registered Land Surveys. It is the intention of this Ordinance
that all registered land surveys in the City of New Hope should be presented
to the Planning Commission in the form of a plat in accordance with the
standards set forth in this Ordinance for plats and that the Planning
Commission shall first approve the arrangement, sizes, and relationship of
proposed tracts in such registered land surveys, and that tracts to be
-26-
used as easements or roads should be so dedicated by separate instrument.
Unless a recommendation has been obtained from the Planning Commission
and approval from the City Council, in accordance with the standards set
forth in this Ordinance, building permits will be withheld for buildings
on tracts which have been so subdivided by registered land surveys and
the City may refuse tb take over ~tracts as streets or roads or to improve,
repair or maintain any such tracts unless so approved. All registered
land surveys shall be subject to all of the requirements of this Ordinance
for plats, except where inconsistent with State law pertaining to registered
land surveys,
13.092 Conveyance by Metes and Bounds. No conveyance of two (2) or more
parcels in which the land conveyed is described by metes and bounds shall be
made or recorded if a parcel described in the conveyance is five (5)
acres or less in area and three hundred (300) feet in width or less,
unless such parcel was a separate parcel of record at the effective date of
this Ordinance. Building permits will be withheld for buildings on tracts
which have been subdivided and conveyed by this method and the City may refuse
to take over tracts as streets or roads or to improve, repair or maintain
any such tracts.
13.10 Variances
13.101 General
(1) The Planning Commission may recommend a variance'from the
provisions of this Ordinance when, in its opinion, undue hardship
may result from strict compliance, In recommending any variance,
the Commission shall prescribe only conditions that it deems
necessary to or desirable for the public interest. In making its
recommendations, the Planning Commission shall take into account
the nature of the proposed use of !and and the existing use
of land in the vicinity, the number of persons to reside or work
in the proposed subdivision and the probable effect of the
proposed subdivision upon traffic conditions in the vicinity.
A variance shall only be recommended when the Planning Commission
finds:
(a) That there are special circumstances or conditions
affecting said property such that the strict application of
the provisions of this Ordinance would deprive the applicant
of the reasonable use of his land.
(b) That the granting of the variance will not be detrimental
to the public welfare o.r injurious to other property in
the territory in which property is situated.
(c) That the variance is to correct inequities resulting
from an extreme physical hardship such as topography, etc.
After consideration of the Planning Commission recommendations, the
City Council may grant variances subject to (a), (b) and (c)
immediately above.
-27-
(2) 'Any recommendations for variances to the City Council in
connection with the acceptance of the final plat of a sub-
division shall be made through the Planning Commission.
(3) The application for any variance shall be made in writing
at the time when the preliminary plat is filed. Said application
shall include the specific variances requested, the location of
those variances and how it varies from the provisions of
the Ordinance. The written application shall be submitted to the
Planning Commission for their advice and recommendation, and
the Planning Commission shall report on the provisions set
forth above. The Planning Commission shall submit their
recommendations to the City Council within sixty (60) days after
receiving the written application from the City Clerk. The
granting of a variance shall require the affirmative vote of 4-5ths
of the full Council.
13.11 Fees
13.111 To defray administrative costs for processing of subdivision
applications, variances or appeals, a base fee of twenty five dollars
($25.00) per application shall be paid by all applicants.
13.112 In order to defray the additional cost of processing said applica-
tions, all applicants shall pay the total cost of staff and/or consulting
time spent exclusively in producing materials for the applicant's
request, plus all material costs for said request.
(1) "Material~'shall include, but not be limited to maps.,
graphs, charts, drawings, etc. and all printing or reproduction
of same.
(2) "Staff and/or Consulting Time" shall include any time spent
in either researching for or actual production of materials.
(3) The hourly rate for "staff and/or consulting time" shall be
established and made available to the applicant by the City Clerk
prior to production of any materials and the applicant shall
be given a reasonable estimate of projected time and/or material
costs.
13.113 Fees shall be payable at the time the preliminary plat is sub-
mitted to the City Clerk and are not refundable unless application is
withdrawn prior to referral to the Planning Commission. A deposit to
cover staff or consulting time and special materials will be established
and required by the City Manager at the time the base fee is paid. Where
said costs of staff and/or consulting time exceed the initial deposit,
monthly billing statements shall be forwarded to and subsequently paid
in full by the applicant within thirty (30) days of receipt. No application
for plat approval shall be granted or approved until all fee statement
balances are paid in full.
Section 2. Effective Date. This Ordinance shall be in full force and
effect after its passage and publication.
-28-
Passed by the City Council of the City of New Hope this 14th day of
February, 1977.
t~ty ~~6t' c~ity~/rl× Edward~ Erickson, ayor
ATTEST: Be C1 ~rk-Treasurer
Published in the New Hope-Plymouth Post issue of April 21, 1977.
iPurPOse
certain r
tract of Il
Planning commission
~Y
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF I-IENIq'EPIIq'
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 IIOPE-PLYMOU~Ttt POST
and has full knowleage 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 no1 made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid OF no more than three months in arrears and has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
('ITIES OF- NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during elf
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 ,he 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 1,196~ 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 ,o before a notary public stating that the newspaper
is a legal newspaper.
He further s,ates on oath that the prin,ed .... ~.~.~.: . . · .~..~. {~:...~.. ?.-.~. ...........................................
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 itwas flrs, so published on
th e...~./~.~day of. ~~--~ ..... 1~: n w h
.......... a d est ereafferprinfedandpubHshedonevery .....................
fo and including the .......... da~ of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A fo Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
COUNTY OF HENNEPIN~ SS.
.E.~. L': '.c7~|t, being duly sworn, on oath says he is and during all the times herein stated has been the 4~r.es~4,~of ~h~
Post Publlshing Co., publisher and printer of the newspaper known as
XE~,V IIOPE-PLYMOUTtt 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 fo 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 Jn its local post-
office. (5) Said newspaper purports to serve the
('ITIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
MinneSOta prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
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'English language, once each week, for../., successive weeks; that it was first so publ isheO on
the ....................... printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--SV2 pt. Sans
Subscribed and sworn to before
this ....... ~ ........... ~/~/~.. A.D.,
me
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77-6
AN INTERIM ORDINANCE RESTRICTING THE
ISSUANCE OF BUILDING PERMITS AND THE
ACCEPTANCE OF APPLICATIONS FOR MULTIPLE
RESIDENTIAL DEVELOPMENTS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. The City Code is hereby amended by the addition of the
following Section 3.15:
3.15 Suspension of Building Permits.
This section shall be used from time to time during any review
of its Comprehensive Zoning Plan to designate certain uses or develop-
ments which the City Council has found and determined should be
prohibited for a specified period of time and the issuance of the
building permits suspended, for the reasons enunciated in a resolution
providing for such suspension of building permits.
Subd. (1) MR Permits, Suspension.
No building permit shall be issued before ^ugust 23,
] 977 for the construction of multiple residence (MR) units
which have not heretofore been approved for construction
by the City Council. This expiration date is subject to revision
upon approval by the City Council of either its existing Com-
prehensive Zoning Plan after completion of the review of same,
or upon the adoption of a new Comprehensize Zoning Plan by
the City Council.
Subd. (2) Fast Food Outlets, Suspension.
As provided in Section 3.03, Subd. (2), repeated for
convenience here, no building permit shall be issued for fast
food outlets until January 11, 1978.
Section 2. This ordinance shall be effective upon its passage and
publication.
March
Passed by the City Council of the City of New Hope the 28th day of
, 1977.
./ Edward J .~ickson, Mayor
~e~/P'ouliot; Clerk-Treasurer
(Published in the New Hope-Plymouth Post the ?th day of Apri]
,1977. )
-2-
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENI~EPIN
SS.
~ I 'H=r=,,lt, 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
NE~A,' IIOPE-PLYMOUTIt 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
(qTIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City Of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control du ring all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 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 published therein in
the'English language, once each week, for./., successive weeks;that it was first so pub,,shed on ...~...~~/
the..'~./~y of... ~~ .... 19~'~.'~. and was thereafter printed and published on every .....................
f
to and including the .......... day of ........................ 19 ...... end that the following is a printed copy of the
lower case alphabet from A fo Z, both inclusive, and is hereby acknowledged as being fha size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn fo before
me ihs ...~..~..t~ay of...~ AD 19'~
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77- ?
AN ORDINANCE REPEALING SECTIONS
11.32 AND 11.33 OF THE CITY CODE,
PERTAINING TO BICYCLE LICENSES.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 11.32, License Required, and Section 11.33,
Procedure, of the City Code are hereby repealed.
Section 2. This ordinance shall be effective from and after its
passage and publication.
Passed by the City Council of the City of New Hope the 1 l~.h day
of March , 1977.
Edw~
Attest: ~~o [~
f ~tty~ ul'ot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the24th day of March
,1977.)
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
CO[/NTY OF
SS.
E. C. L'HerauIt, 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 llOPE-PLYMOUTtt 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
(TI'lES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in ifs employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
~Ssfaate and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
· 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~Eng~ishla~guage~~nceeachweek~f~r../..successiveweeks;th~~i~wasfirsts~pub~ished~~ .~/'~~/~_...
th .... g/~ .... day ot.~'~ ~.... ]9~. ~. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being fha size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopdrsfuvwxyz--SV2 pt. Sans
Subscribed and sworn to before
me this ...... P~ ............ day of.~..~.~..~.. ....A.D.
(NOTARIAL SEAL.)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77- 8
AN ORDINANCE AMENDING SECTION 6.62,
SUBD. (2) , OF THE CITY CODE RELATING
TO BOULEVARD ENCROACHMENTS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 6.62, Subd. (2) of the City Code entitled Exception
is amended to read as follows:
Subd. (2) Exception.
No permit is required of the owner for gardening,
sodding or tree planting otherwise allowed in the boulevard
area adjacent to' the paved portion of the public streets or
for gardening or sodding in areas where the easement is for
underground purposes. Trees and shrubbery and any
structures placed in the boulevard by the property owner
are permitted at sufferance only, and shall be removed
promptly by the owner at his cost upon a finding by the
Department of Protective Inspections that the existence of
such encroachment upon the boulevard constitutes a safety
hazard. Such finding may be appealed to the City Manager
and to the Council, in that order, by an aggrieved property
owner.
Section 2. This ordinance shall be effective from and after its passage
and publication.
March
Attest:
Passed by the City Council of the City of New Hope the 28th day of
, 1977.
B~ l~o{~liot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 7th day of April
, 1977. )
NEW I1OPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
SS.
;'; ;~i au;i, being duly sworn, on oath says he is and during all the times herein stated has been the ~r~te~-of 1'he
Post Publishing Co., publisher and printer of the newspaper known as
NEW IIOPE-PLYMOUTtt 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
current y 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
('Il'lES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
iSstaate and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
legal newspaper.
Hefurtherstatesonoat, thattheprinted ...~?..'~.....~.¢:.g. ...........................................
hereto attached as a part hereof was cut from fha columns of said newspaper, and was printed and published therein in
the'English anguage, once each week for../., successive weeks; that it was first so published on '77~~
th ..... ~O~'" day °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 fo 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--5v2 pt. Sans
Subscribed and sworn to before
thi .......... ~ ........... day of..~/~ ..... A.D., 19.~
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77-9
AN ORDINANCE AMENDING THE CITY CODE BY
ADDING SECTIONS 5.70 THROUGH 5.76 BY
ESTABLISHING A SANITARY SEWER STRENGTH
CHARGE FOR INDUSTRIAL WASTE AND ESTABLISHING
TAX LIEN AGAINST PROPERTY SERVED IN
CONNECTION WITH SUCH STRENGTH CHARGE.
City of New Hope, Minnesota.
The City Council of the City of New Hope, County of Hennepin,
Minnesota, ordains:
Section 1. Sections 5.70 through 5.76 entitled "Sanitary Sewer
Strength Charges" are hereby added to the City Code.
5.70 SANITARY SEWER STRENGTH
CHARGES
5.71 Recitals.
The Metropolitan Waste Control Commission, a metropolitan
commission organized and existing under the laws of the State of
Minnesota (the "Commission"), in order to receive and retain grants
in compliance with the Federal Water Pollution Control Act Amendments
of 1972 and regulations thereunder (the "Act"), has determined to impose
an industrial user sewer strength charge upon users of the Metropolitan
Disposal System (as defined in Minnesota Statutes § 473.121, Subd. 24)
to recover operation and maintenance costs of treatment works attribut-
able to the strength of the discharge of industrial waste, such sewer
strength charge being in addition to the charge based upon the volume
of discharge. In order for the City to pay such costs based upon
strength of industrial discharge and allocated to it each year by the
Commission, it is hereby found, determined and declared to be neces-
sary to establish sewer strength charges and a formula for the computation
thereof for all industrial users receiving waste treatment services within
or served by the City. Furthermore, Minnesota Statutes § 444.075,
Subd. 3, empowers the City to make such sewer charge a charge against
the owner, lessee, occupant or all of them and certify unpaid charges
to the County Auditor as a tax lien against the property served.
5.72 Establishment of Strength Charges.
For the purpose of paying the costs allocated to the City each year
by the Commission that are based upon the strength of discharge of all
industrial users receiving waste treatment services within or served
by the City, there is hereby approved, adopted and established, in
addition to the sewer charge based upon the volume of discharge, a
sewer charge upon each person, company or corporation receiving
waste treatment services within or served by the City, based upon
strength of industrial waste discharged into the sewer system of the
City (the "Strength Charge").
5.73 Establishment of Strength Charge Formula.
For the purpose of computation of the Strength Charge established
by Section 5.72 hereof, there is hereby established, approved and adopted
in compliance with the Act the same strength charge formula designated
in Resolution No. 76-172 adopted by the governing body of the Comis-
sion on June 15, 1976, such formula being based upon pollution qualities
and difficulty of disposal of the sewage produced through an evaluation
of pollution qualities and quantities in excess of an annual average base
and the proportionate costs of operation and maintenance of waste
treatment services provided by the Commission.
5.74 Strength Charge Payment.
It is hereby approved, adopted and established that the Strength
Charge established by Section 5.72 hereof shall be paid by each industrial
user receiving waste treatment services and subject thereto before the
twentieth (20th) day next suceeding the day of billing thereof to such
user by or on ]~ehalf of the City, and such payment thereof shall be
deemed to be delinquent if not so paid to the billing entity before such
date. Furthermore, it is hereby established, approved and adopted
that if such payment is not paid before such date an industrial user
shall pay interest compounded monthly at the rate of two-thirds of one
percent (2/3%) per month on the unpaid balance due.
5.75 Establishment of Tax Lien.
As provided by Minnesota Statutes § 444.075, Subd. 3, it is hereby
approved, adopted and established that if payment of the Strength
Charge established by Section 5.72 hereof is not paid before the sixtieth
(60th) day next succeeding the date of billing thereof to the industrial
user by or on behalf of the City, said delinquent sewer strength charge,
plus accrued interest established pursuant to Section 5.74 hereof, shall
be deemed to be a charge against the owner, lessee and occupant of the
property served, and the City or its agent shall certify such unpaid
delinquent balance to the County Auditor with taxes against the property
-2-
served for collection as other taxes are collected; provided, however,
that such certification shall not preclude the City or its agents from
recovery of such delinquent sewer strength charge and interest thereon
under any other available remedy.
5.76 Severability.
In the event any provisions of this ordinance shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision hereof.
Section 2. Effective Date. This ordinance shall be effective from and
after its passage and publication.
Passed by the City Council of the City of New Hope the ? f ~-e day of
_~/~/ , 1977.
Attest:
ard J. Erickson, Mayor
uliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the ~/ day of
,1977.)
-3-
AN ORDINANCE AMENDING THE
CITY CODE BY ADDING SECTIONS ~
- 5.70 THROUGH 5.76 BY ESTAB- ~
~LISHING A SANITARY SEWER ;.
~STRENGTH CHARGE FOR IN-
~DUSTRfAL WASTE AND ESTAB-~
· LISHING TAX lIEN AGAINST
PROPERTY SERVED IN CoN-
NECTION WITH SUCH STREN~,TH ~
i CHARGE.
' City of New Hope, Minnesota~
The'CitY Council of the City~ ~eW
HO~, County of Hennepin, Min~ta,
ordains:
S~tion I. Sections 5.70 through 5.76
entitled "Sanitary Sewer .Streng~
~?. Charges" are hereby added to the City
~ Co~.
~j 5'~0SANITARY sEWER
~,~ STRENGTH CHARGES
~5.Z] Recitals..
The Metro~ iran WaSte 'Contro
Comml~ion, a me~ro~lita~ c~-
mission organized and exist~ under
qbe la~ ~ the State on Minn~fa (the
~Comml~ion"), in order to r~elve
~:~ 'retain grants n comp iafl~ with
t~ Fedd~el Water Poli~ Control ~
~A~t~,~ ~e~ments ~t97~ and
~r~lat~ns thereun~r~ ,Act"), ~
h~J ~ter~in~ to ]~":~n in~:
~ostrlaf u~r,~r~gth char~
upon users of the ~etropolltan
~1 System ~(as defined in
~:Statutes No~ ~3.121, Subd.
~ever b~ration and main- ~
~ te~t~ of treatment wor~~
.: a~r~t~e~. ~. the strength of
~ discha~ ~,~ I~dustrial ~ste,
~sewer strength charge ~ing in ad~;
~fflon,to the charge based u~ the
volume-~ di~har~ In or~r for the
City t0 pay S~ch costs bas~
st~ngth of ind~trial discharge and
alt~at~ tot, it each year by the.~
~0mmJssiOn, it: is he,by found~ ~
~ete~l~ed and d&cla~ed to ~
~rY~'9~tabli~ ~wer strength
~a~ges~and e formula ~r the com-
~utatlo~ th~ for all industrial
~users rece~l~ waste treatment
~rvices withi~r~ by the City.
,'~Fu~herm0re, Ml~a~ Statutes NOL ~
?,>~.075, Subd. 3, em~ t~ Ci~ to ~
~make such ~r char~e;;:a~r~ :.
~against the ~ger; !e~;
~11 ~ them anu certlf~ ohpaid ~a~ges
?~o the County Audi~r as a tax lan
against the pro~Y 'servia. ~.
5.72 Establishment of Strength
:; Charges. , - ~q
~ For the pur~se ~ pay fig the co~ ~
~ell~ated to the City each year by t~ ?
tic, Commission that are ba~ u~n t~e
?strength of discharge ~ ali industr al '
;~users receiving waste treatment
~rvices Within Or ~rved by the Ci~,
~there is hereby a~roved, adOpted and
~tablls~d, in additiOn to the ~r
~harge based u~n the volume ~
~i~harge, a sewer charge u~n each
'~erson, company or corporation
~eiving waste 'treatment servlc~ ~
~ ~ithin
or served by ;t~ City, ba~
~u~ ~rength ~; indUstrial
~dl~harg~ into the sewer system
.~!he ci~ (ffie ',Strength Charge')~ '
~.73 EStablishment et' ~r~h ch~::
'~ For the pur~ ~ comoutatibn 0f
~e Strength ~arge establtsh~ by
~tt~ 5.72 her~f, there is hereby
~stablished, app~ved and adopted In ~
~mpliance with the Act the same ,
~rength chaf~ f~mUla ~slgnated in L~
~e~tlon No. ~q72 ad~t~ by the ~
~i~ ~y ~'~,Commi~on on ~
~ne 15; J976, such f~mula ~ing
~ u~n ~llutlon qualifies and
~fflculty of dis~a of the sewa~
~ groduced through an evaluati~ ~ ~
~ ~llutiOn qualities and quantities In
excess ~ an annual average base and
fhe pro~lonate c~ts of o~ration
~ ~d maintenance ~ waste treatment
:/,~rvic~ provided by the Commission.
~5~74 Strength Charge Paym~t .
It is hereby approved, adopted and
~tablish~ that the Strength Charge
~ ~tabllshed by ~ction 5.72 her~f shall
~ paid by each industrial u~
: Eeceiving w~e treatment services
~d subject thereto before the
~entieth (2~h) day next succ~lng
t~e day of billing ther~f to such u~r
bY or on ~half ~ the Ci~, and s~h
~yment ther~f shall ~ deemed to ~ ~
d&linquent If not ~ paid ~ the billing
,~tlty ~ore such date. Furthermore,
~t is hereby estabUs~, a~roved and
~ted that if such payment is not
~id ~fore such date an industrial
U~r shall pay int~est com~u~d
monthly at the rate ~ ~-thlrds ~ o~
~,~cent (~-thlrds ~ one ~rc~t)
~r month on ~e un,aid balance due.
~;75 Establishment Of Tax Li~.
~;~AS provl~d by Minne~ta Stat~
~. ~.~5, Su~. 3~ It is ~reby ap-
~ved, adopted and ~tabllshed that
NEW IlOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~ SS.
COUNTY OF HENNP-PIN ~
C. C. -'': :~F&u:t, 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 IIOPE-PLYMOUTlt 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 ~X) 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 I1OPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 19~ and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
.State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
~s a legal newspaper.
He further states on oath that the printed .... :. ~. [ ........................................................
hereto attached as a part hereof was cut from fha columns of said newspaper, and was printed and published therein in
the"English anguage, once each week, for. /.successive weeks;that it was first so published on .~~.
the..~..'.'.., day of... ~~,~ .... 19. ~ ~and WaS thereafter prlnted and pubHshed on every .....................
to and including the .......... day of ........................ ]9 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of sa id notice, to wit:
abcdefghijklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and sworn to before
me th s ~c~'/1'~ day of //~~ A D 19
(NOTARIAL SEAL)
Notary Public, .............................. County, Minnesota " ' - ,~'~'~-;'
My Commission Expires .............................. 19. .....
ORDINANCE NO. 77-10
AN INTERIM ORDINANCE FURTHER AMENDING
SECTION 3.03 (2) OF THE CITY CODE REDUCING
THE TIME FOR RESTRICTION UPON THE ISSUANCE
OF BUILDING PERMITS FOR FAST FOOD OUTLETS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. The City Code is hereby further amended by the substitution
of the following Section 3.03, Subd. (2):
3.03 Fast Food Outlets.
Subd. (2) Moratorium.
The temporary prohibition against the issuance of
building permits for the construction of fast food outlets is
hereby modified, to expire on October 14, 1977.
Section 2. This ordinance shall be effective upon its passage and
publication·
Passed by the City Council of the City of New Hope the 11th day of
April, 1977.
Attest:
' ~y~i~ofiliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 14th day of April, 1977.)
NEW I1OPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
tSS.
,.,E~-. L'Her_~'_'!~, 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
NEV~~ IIOPE-PLYMOUTtt POST
and has full knowledg · of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is no1 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
(TI'lES OF NEW ilOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, establisheq and open
during its regular business hours for the gathering of news, sale of adverHsements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during a'll
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.
statesono thth tt 'Z2 .
He further a a he printed ..... L.,d~,K:~.: .......................................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'English language, once each week, for..~., successive weeks; that it was first so published on
the../~'/i..day ot ....... ]9.'/"(7. and was thereafter pr,hied and pub,~sheO on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--SV2 pt. Sans
Subscribed and sworn to before
methis ....... /~'.~ ...... day of..~ ..... A.D, 19'~
ii ..............................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77- ] ]
AN ORDINANCE AMENDING SECTION 4.103
OF THE CITY CODE BY AMENDING EXTENT
OF MR DISTRICT.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 4.103 of the City Code is amended by the addition
of the following:
(44) West 160 feet of Outlot 2, Terra Linda Addition.
Section 2. This ordinance shall be effective from and after its
passage and publication.
Passed by the City Council of the City of New Hope this 25th day of
April, 1977.
' B ettykl~ouliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 5th day of Ma.y , 1977. )
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENi~.piI~
E, C. L,~Mer~, 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 I1OPE-PLYMOUTtt POST
and has full knowledge of the facts herein stated as follows:
(t) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least ~00 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 a nd is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which if 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 llOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, t966 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 7[.~/( ................
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 ~7~¢,~/¢/,~~
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--SV2 pt. Sans
Subscribed and sworn to before
me,h,s .......... .... day
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77-]
AN ORDINANCE ADDING SECTIONS 3.72 AND 3.73 OF
THE CITY CODE RELATING TO PLUMBING PERMITS,
ADDING SECTION 3.05 AND AMENDING SECTION 3.06
RELATING TO FEES FOR PLUMBING PERMITS, ADDING
SECTION 3.190 RELATING TO HEATING, VENTILATION,
AIR CONDITIONING AND REFRIGERATION, AND
ADDING SECTION 3. 200 RELATING TO FEES FOR
SPRINKLING SYSTEMS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Chapter 3 of the New Hope City Code is hereby amended by
adding the following:
3.72 Plumbing. Permits.
Subd. (1) Permit Required.
Before the installation of any plumbing work, fixture or
device, a permit shall be obtained from the Building Official.
Subd. (2) Application and Fees.
The Building Inspector shall, before issuing any permits
for the installation of any plumbing work, fixture or device,
require the payment by the applicant of fees provided in
Section 3.05.
Subd. (3) Qualifications.
Permits shall be issued only to individuals or contractors
licensed as master plumbers by the Minnesota State Board of
Health, except an individual may obtain a permit and may do
plumbing work which complies with the provisions of the
minimum standards herein prescribed on premises or that
part of premises owned and actually occupied by him as his
homestead if he shall file with the Building Official an affidavit
showing that he is performing the actual work himself in such
homestead. No permits shall be issued to the home owners
for sewer and water connections. No journeyman shall install
plumbing as herein defined unless he is authorized to do so under
the State Building Code.
Subd. (4) Surety Bond.
The applicant, except an individual doing work on his
own homestead, shall first file a surety bond of $4,000 running
to the City to compensate the City for any damages caused to
the City water system and appurtenances and City sewer
system and appurtenances, streets, curb and gutter.
Subd. (5) Insurance.
The applicant, except an individual doing work on his
own homestead, shall first file with the Clerk-Treasurer
certificates of insurance issued by a company or companies
duly licensed to do business in the State of Minnesota which
shall be written on the comprehensive liability, products and
completed operations liability, automobile liability including
employers non-ownership liability in not less than the following
amounts:
Bodily injury liability: $250,000.00 each person;
$500,000 for injuries as a result of any one occurrence.
Property damage liability:
$ 50,000.00 each accident;
$100,000.00 aggregate.
Automobile liability:
Bodily injury:
$250,000.00 each person;
$500,000.00 each occurrence.
Property damage:
$100,000.00 each occurrence.
Any such evidence or certificate or certificates shall
provide that it may not be cancelled by the insurer except upon
ten days written notice to the City. In case of cancellation of
such insurance, such permit shall be suspended automatically
until such insurance has been replaced.
3.73 Enforcement.
The Building Official shall enforce the provisions of this
Plumbing Code. Any person covering work without it being duly
inspected or refusing to correct work when so ordered by the
Building Official, shall be guilty of a misdemeanor.
-2-
Section 2. Chapter 3 of the City Code is hereby amended by adding
the following:
3.05 Permit Fees.
The fees for such permits shall be as follows:
(a)
Minimum Fees:
In no case shall the fee charged for any permit issued under this
ordinance be less than $10.00 except for single family homes in
which case the fee shall be not less than $5.00.
(b)
The fees for all plumbing permits shall be computed on the basis
of the number of plumbing fixtures and/or devices provided for
in such permits, whether subsequently so installed or not, and
the fee for each such fixture so provided for shall, except as
hereinafter specifically provided, be $4.00.
(c)
Where any such permit is issued for the installation of plumbing
work providing for certain proposed fixtures which are to be in-
stalled or set later and for which fixture openings are to be left,
a fee of $2.00 shall be charged for such opening, which fee shall
be in addition to the fee charged for other plumbing work, if any,
included in the same permit.
(d)
Where any such permit is issued for the setting only of certain
plumbing fixtures on openings previously left for same, a fee of
$2.00 shall be charged for each such fixture, which fee shall be
in addition to the fee charged for other plumbing work, if any,
included in the same permit.
(e)
The plumbing permit fee shall be waived in lieu of the gas burner
or electrical connection fee for the replacement of a hot water
heater in a single family home which replacement does not involve
new water piping.
(f)
Where any such permit is issued for any of the following specifically
mentioned plumbing fixtures or other devices the fee shall
be charged for each such fixture or device shall be as follows and
shall be in addition to the fee charged for other plumbing work ,' if
any, included in the same permit:
Beer Dispenser, when connected with water supply $ 4.00
Blow-off basin 4.00
Catch-basin 5.00
Water Heater (New) 6.00
-3-
New ground run for existing building $ 4.00
Hydraulic valve 5.00
Sump or receiving tank 4.00
Installation of water softening device 6.00
Each extension of water piping to a water using device
or fixture not covered by a plumbing fixture permit
1/2" to 1-1/2" 5.00
Exceeding 1-1/2" 10.00
(g)
For each permit for the alteration or repairing of existing
plumbing and for other plumbing work not included above,
the fee shall be $7.00 for the first One Hundred Dollars
($100.00) or fraction thereof in the estimated cost of such
proposed work; for each additional One Hundred Dollars
($100.00) or fraction thereof in such estimated cost $3.00 shall
be added to the above prescribed fee for such permit.
Section 3. Section 3.06 of the New Hope City Code is hereby amended
to read as follows:
3.06 Fees, Double, When.
Should any person, co-partnership, or corporation begin work
of any kind such as hereinbefore set forth, or for which a permit
from the City is required by ordinance, without having secured the
necessary permit therefor from the City either previous to or during
the day of commencement of any such work, or on the next succeeding
business day where such work is commenced on Saturday or on a
Sunday or a holiday, he shall, when subsequently securing such
permit, be required to pay double the fees thereinbefore provided
for such permit, and shall be subject to all the penal provisions of
this Ordinance.
Section 4. Section 3.07 is amended by deleting Subds. (2) and (3),
and by amending Subd. (1) to read as follows:
Gas Piping
For any permit for installing gas dryers, gas stoves,
ranges, gas water heaters, process gas burners or other
similar gas burning devices not used in connection with a heating
system, the fee charged for each such device shall be:
Input:
Not exceeding 99,999 BTU
100,000 BTU but not exceeding 199,999 BTU
200,000 BTU but not exceeding 399,999 BTU
400,000 BTU but not exceeding 599,999 BTU
600,000 BTU but not exceeding 999,999 BTU
$ 5.O0
10.00
20.00
30.00
40.00
-4-
For inputs exceeding 999,999 BTU the fee shall be as
provided for gas burners for use in connection with a heating
system, as found in Section 3.195 (9).
The above fees shall be in addition to the fee charged for
the permit for the installation of any gas piping for said devices
and for any other gas fitting work, if any, included in said
permit.
For any permit for installing gas piping not exceeding
two inches in diameter, for the first three openings, the fee shall
be $3.00 and each additional opening shall be $1.00.
Gas piping exceeding two inches in diameter for the first
three openings, the fee shall be $7.00 and each additional opening
shall be $1.00.
Section 5. Section 3.22 of the City Code, Additional Provisions, (B) is
hereby amended to read as follows:
B) Uniform Building Code Appendices
Chapters 13, 35, 38, 48, 49, 51, 57 and 70.
Section 6. Chapter 3 of the City Code is hereby amended by adding the
following:
3.190 HEATING, VENTILATION, AIR
CONDITIONING AND REFRIGERATION
3.190 Scope and Application.
From and after the effective date of this ordinance, no person
shall construct or install any heating, ventilating, air conditioning or
refrigeration plant or equipment or repair any existing heating, venti-
lating, air conditioning or refrigeration plant or equipment or repair
any existing heating, ventilating, air conditioning, or refrigeration
plant or equipment unless in compliance with the provisions of this
Code.
3. 192. Adoption of the Minnesota Heating, Ventilation, Air Conditioning
and Refrigeration Code by Reference.
There is hereby adopted and incorporated into this Code by
reference thereto, by marking three copies thereof as "Official Copies"
and filing them for reference and inspection in the office of the City Clerk,
-5-
(~)
(2)
(3)
all of that certain code of the State of Minnesota entitled "Minnesota
Heating, Ventilating, Air Conditioning and Refrigeration Code" identified
as Chapter 71 through 85.
3.193 Electrical Connection.
Ail electrical connections, electrical wiring for motors, equipment
and controls used in connection with heating, ventilating, air condition-
ing and refrigeration systems shall be in accordance with the provisions
of the National Electrical Code.
3.194 Permits.
It shall be unlawful for any person to construct or install, alter,
replace, or repair any heating, ventilating, air conditioning or refrigera-
tion plant or equipment or in or for any building within the corporate
limits of said City, without first obtaining a permit therefor from the
City.
3.195. Permit Fees.
Minimum Fee:
In no case shall the fee charged for any permit issued under this
Ordinance be less than $15.00 except for single family homes in which
case it shall be not less than $7.50.
For any permit for the installation of a power plan, or a boiler, or
furnace and boiler, in connection with any such plant, for each such
boiler, or furnace and boiler, or power plan to be installed thereunder
having an output or capacity not exceeding 200,000 BTU per hour or
6 H.P., $7.00.
For each additional 100,000 BTU per hour or 3 H.P. output or capacity
or fraction thereof, $3.00.
For any permit for alterations or repairs to any existing power plant,
or boiler, or furnace and boiler in connection with a power plant, where
the cost of the proposed work does not exceed Five Hundred Dollars
($500.00), $7.00.
And for each additional Five Hundred Dollars ($500.00), or fraction
thereof, in the cost of such proposed work, $3.50.
For any permit for the installation of a gravity warm air heating system,
for each such system installed thereunder, $16.50.
-6-
(4)
(5)
For any permit for the installation of a gravity warm air furnace replacing
an existing warm air furnace used in connection with a gravity warm air
heating system, for each such furnace to be installed thereunder, $7.00.
For any permit for alterations or repairs to any existing gravity warm
air heating system or furnace in connection with any such system, where
the cost of the proposed work does not exceed Five Hundred Dollars
($500.00), $7.OO.
And for each additional Five Hundred Dollars ($500.00), or fraction
thereof, in the cost of such proposed work, $3.50 shall be added to the
above prescribed fees for such permit.
For any permit for the installation of a mechanical warm air heating
system, for each such heating system to be installed having an output
or capacity not exceeding 120,000 BTU per hour, $16.50.
And for each additional 60,000 BTU per hour output or capacity or
fraction thereof, $2.00 shall be added to the above prescribed fee for
such permit.
For any permit for the installation of a furnace, in connection with any
such heating system, for each such furnace to be installed thereunder
having an output or capacity not exceeding 120,000 BTU per hour,
$6.00.
And for each additional 60,000 BTU per hour output or capacity or
fraction thereof, $2.50 shall be added to the above prescribed fee for
such permit.
For any permit for alterations or repairs to any existing mechanical
warm air heating system in connection therewith, where the cost of
such proposed work does not exceed Five Hundred Dollars ($500.00),
$7.oo.
And for each additional Five Hundred Dollars ($500.00) or fraction
thereof, in the cost of such proposed work, $3.00 shall be added to
the above prescribed fee for such permit.
For any permit for the installation of a steam or hot water heating system
for use in connection with a fan heating system, the required capacity
of which does not exceed 400 square feet EDR steam or 640 square feet
EDR hot water, $16.50.
(6)
And for each additional required 200 square feet EDR steam or 320 square
feet EDR hot water, or fraction thereof, in the required capacity of such
system or plant, $3.50 shall be added to the above prescribed fee for
such permit.
For any permit for the installation of the heating coils for use in con-
nection with a fan heating system, supplied with steam or hot water by
an existing steam or hot water system, the required capacity of which
does not exceed 400 square feet EDR steam or 640 square feet EDR hot
water, $7.00.
And for each additional required 200 square feet EDR steam or 320 square
feet EDR hot water, or fraction thereof, in the required capacity of such
heating coils, $3.50.
For any permit for the installation of the sheet metal work and duct
work, and equipment connected therewith (other than the steam or
hot water heating plant or heating coils which furnish the heat), in any
fan heating system, where the required capacity of such system does
not exceed 2,000 cubic feet of air per minute, $7.00.
And for each additional 1,000 cubic feet per minute, or fraction thereof,
in such required capacity, $3.00 shall be added to the above prescribed
fee for such permit.
For any permit for alterations or repairs to the sheet metal work or
duct work, or equipment connected therewith, of any fan heating system,
where the cost of the proposed work does not exceed Five Hundred
Dollars ($500.00), $7.00.
And for each additional Five Hundred Dollars ($500.00), or fraction
thereof, in the cost of such proposed work, $3.00 shall be added to the
above prescribed fee for such permit.
For any permit for the installation of the duct work, sheet metal work
and equipment in connection with a ventilating system, the required
capacity of which does not exceed 2,000 cubic feet per minute, $7.00.
An for each additional 1,000 cubic feet per minute, or fraction thereof,
in such required capacity, $3.00 shall be added to the above prescribed
fee for such permit.
For any permit for alterations or repairs to any such ventilating system
and equipment, where the cost of the proposed work does not exceed
Five Hundred Dollars ($500.00), $7.00.
-8-
(7)
(8)
And for each additional Five Hundred Dollars ($500.00), or fraction
thereof, in the cost of such proposed work, $3.00 shall be added to the
above prescribed fee for such permit.
For any permit for the installation of the duct work, sheet metal work
and equipment (other than heating or cooling coils, piping and refrigera-
tion equipment) in connection with an air conditioning system, the required
capacity of which does not exceed 2,000 cubic feet per minute, $7.00.
And for each additional 1,000 cubic feet per minute, or fraction thereof,
in such required capacity, $3.00.
For any permit for the heating coils for use in connection with an air
conditioning system, supplied with steam or hot water by an existing
steam or hot water system, the required capacity of which does not
exceed 400 square feet EDR steam or 640 square feet EDR hot water,
$7.00.
And for each additional required 200 square feet EDR steam or 320 square
feet EDR hot water, or fraction thereof, in the required capacity of such
heating coils, $3.00.
For any permit for the installation of cooling coils, piping and equipment
designed to accomplish the required cooling in connection with an air
conditioning system, where the required capacity of the system for which
such coils, piping and equipment is installed does not exceed 5 tons of
refrigeration, $16.50.
And for each additional 2-1/2 tons in such required capacity, or fraction
thereof, $3.50 shall be added to the above prescribed fee for such permit.
For any permit for alterations or repairs to any such heating coils,
cooling coils, piping, equipment, sheet metal work or duct work in
connection with an air conditioning system, where the cost of the
proposed work does not exceed Five Hundred Dollars ($500.00),
$7.oo.
And for each additional Five Hundred Dollars ($500.00), or fraction
thereof, in the cost of such proposed work, $3.00 shall be added to the
above prescribed fee for such permit.
For any permit for the installation of a steam or hot water heating system,
or for the installation for use in connection with a fan heating system or
air conditioning system of a steam or hot water heating plant, the required
capacity of which does not exceed 400 square feet EDR steam or 640
square feet EDR hot water, $16.50.
-9-
And for each additional required 200 square feet EDR steam or 320 square
feet EDR hot water or fraction thereof, in the capacity of such system or
plant, $3.00 shall be added to the above prescribed fee for such permit.
For any permit for the installation of a steam or hot water boiler in
connection with any existing heating system or plant, for each such
boiler to be installed thereunder whose required capacity does not exceed
2,000 square feet EDR steam or 3,200 square feet EDR hot water, $7.00.
And for each additional 1,000 square feet EDR steam or 1,600 square feet
EDR water required capacity of such boiler, $3.00 shall be added to the
above prescribed fee for such permit.
For any permit for alterations or repairs to the boiler, piping, radiation,
heating coils or other equipment of any such heating system or plant
where the cost of such proposed work does not exceed Five Hundred
Dollars ($500.00), $7.00.
And for each additional Five Hundred Dollars ($500.00), or fraction
thereof, in the cost of such proposed work, $3.00 shall be added to the
above prescribed fee for such permit.
(9) For any permit for the installation of a gas burner and/or its equipment
for use in connection with a heating system, the fee shall be:
Input:
Fee:
Not exceeding 99,999 BTU
100,000 BTU to 199,999 BTU
200,000 BTU but not exceeding 399,000 BTU
400,000 BTU but not exceeding 599,999 BTU
600,000 BTU but not exceeding 999,999 BTU
1,000,000 BTU but not exceeding 2,499,999 BTU
2,500,000 BTU but not exceeding 9,999,999 BTU
10,000,000 BTU but not exceeding 49,999,999 BTU
50,000,000 BTU but not exceeding 74,999,999 BTU
75,000,000 and over
5.00
10.00
20.00
30.00
40.00
67.50
80.00
115.00
150.00
200.00
When more than one gas burner or multiple gas burners to be installed
in a single boiler, furnace or other device, they shall, for the purpose
of establishing a permit fee therefore, be considered as a single burner.
The above fee shall be in addition to the fee charged for the permit for
the installation of any gas piping for said burners or equipment.
- 10-
(10)
For any permit for alteration or repairs to existing gas burners or
equipment where the cost does not exceed Five Hundred Dollars ($500.00),
$7.00.
For each additional Five Hundred Dollars ($500.00) or fraction thereof,
in the cost of such proposed work, $3.00 shall be added to the above
prescribed fee for such permit.
For any permit for installing gas piping not exceeding two (2) inches
in diameter, for the first three openings, the fee shall be $3.00 and each
additional opening shall be $1.00.
Gas piping exceeding two (2) inches in diameter for the first three (3)
openings, the fee shall be $7.00 and each additional opening shall be
$1.00.
For any permit for installing an LP gas tank the sum of the building
permit fee based on the cost of installation shall be added to the above
prescribed fee.
For any permit for the installation of an oil burner and/or its equipment,
for use in connection with a heating system, connected to a fuel oil
storage tank or tanks and having an input of not to exceed 3 gallons per
hour, $7.00.
For inputs from 4 gal. per hour to 9 gal per hour, inclusive $ 9.00
For inputs from 10 gal. per hour to 18 gal per hour, inclusive 12.50
For inputs from 19 gal. per hour to 36 gal. per hour, inclusive 18.50
For inputs from 37 gal. per hour to 54 gal. per hour, inclusive 26.50
For inputs from 55 gal. per hour to 75 gal. per hour, inclusive 31.50
For inputs from 76 gal. per hour to 93 gal. per hour, inclusive 36.50
For inputs from 93 gal. per hour and above 41.50
For any permit for the installation of a fuel oil storage tank or tanks for
use in connection with an oil burner installation, the sum of the building
permit fee based on cost of installation shall be added to the above pre-
scribed fee.
For any permit for alterations or repairs to any existing oil burner or
oil burner equipment where the cost of such proposed work does not
exceed Five Hundred Dollars ($500.00), $7.00.
And for each additional Five Hundred Dollars ($500.00), or fraction thereof,
in the cost of such proposed work, $3.00 shall be added to the above pre-
scribed fee for such permit.
- 11-
(11)
For any permit for the installation of a stoker or stokers, for each stoker
included in such permit, where the grate area of the furnace or boiler
such stoker is required to serve does not exceed fourteen (14) square
feet, $7.00.
And for each additonal square foot in the grate area of the furnace or
boiler to be served by such stoker, $1.50 shall be added to the above
prescribed fee for such permit.
NOTE: Ail of the stoker inside the boiler or furnace walls shall be
construed as grate surface, including dead plates and side dumps.
For any permit for the installation of a powdered fuel burner or burners,
for each such burner included in such permit, where the capacity of such
burner does not exceed Three Hundred and Fifty (350) pounds per hour,
$7.00.
And for each additional Twenty-five (25) pounds, or fraction thereof, in
the capacity of such burner, $1.00 shall be added to the above prescribed
fee for such permit.
For any permit for alterations or repairs to any stoker or stokers, or to
any powdered fuel burner or burners, or to the equipment thereof, where
the cost of the proposed work does not exceed Five Hundred Dollars
($500.00), $7.00.
And for each additional Five Hundred Dollars ($500.00), or fraction
thereof, in the cost of such proposed work, $3.00 shall be added to
the above prescribed fee for such permit.
3.196 Inspec~ons.
The heating, air conditioning or refrigeration contractor shall
immediately notify the Building Official, upon the completion of the
installation, that the work for which a permit has been issued is ready
for inspection and test. Test for steam or hot water installation shall
not be less than twenty-five (25) pounds per square inch for steam, and
forty (40) pounds per square inch for hot water installation. The Build-
ing Official shall also be notified before any portion of a heating system
is connected within a building, and he shall be given reasonable time
and opportunity to inspect same before the building operations progress
to a point where such heating installation can no longer be examined
and inspected.
- 12-
3.197 Fees, Double, When.
Should any person, co-partnership, or corporation begin work
of any kind such as hereinbefore set forth, or for which a permit from
the City is required by ordinance, without having secured the necessary
permit therefor from the City either previous to or during the day of
commencement of any such work, or on the next succeeding business
day where such work is commenced on Saturday or on a Sunday or a
holiday, he shall, when subsequently securing such permit, be required
to pay double the fees hereinbefore provided for such permit, and shall
be subject to all the penal provisions of this Ordinance.
Section 7. Chapter 3 of the City Code is amended by adding the following:
3.200 FIRE SUPPRESSION PERMIT FEES
3.201 Fees Required.
The Building Official, before issuing any permit for the installation
of any fire suppression sprinkler equipment, shall require the payment
by the applicant for such permit of fees in the amount herein provided.
Further, no permit for the installation of any fire suppression sprinkler
system shall be issued until the applicant files with the Building Official
a complete set of plans for such system approved by the Insurance
Services Offices and the Fire Prevention Bureau.
3.202. Sprinkler Permits.
For the installation of sprinkler equipment, the permit fee
charge shall be made at the rate of $7.50 for the first ten sprinkler
heads or fraction thereof, plus $1.50 for each additional ten
sprinkler heads or fraction thereof.
3.203. Standpipe Permits.
For the installation of any standpipe, the fee shall be $15.00
plus an additional fee of $1.50 per floor served by such standpipe
over five floors.
3. 204. Alteration Permits.
For the alteration, repair or extension of standpipe or sprinkler
systems where the work is of such a nature that the permit charge
cannot be determined by Sections 3.202 and 3.203 above, the permit
fee charge shall be made at the rate of $5.00 for each $500.00 or fraction
thereof of the market value of such work.
- 13-
Section 8. This ordinance shall be effec~iYe from and after its passage
and publication.
Passed by the City Council of the City of New Hope the 25th day of
April ,1977.
Betty P~)utliot, Clerk-Treasurer
Attest:
(Published in the New Hope-Plymouth Post the 5th day of May
,1977.)
- 14-
/
ORDINANCE NO. 77-12
Not excee~i~"~g ~,~) BTU ........
IO0,~CO B'~!.J but ~t exc~i~ '
19~ BT~ ................... 10.~
~,~ BTU bui ~t exc~ing
~,ffi BTU but ~t exc~ing
5~,~ BTU ................... ~'ffi
~,~ BTU but ~t exc~ing
~,~ BTU ................. ~'ffi
AN ORDINANCE ADDING SEC-
TIONS 3.72 AND 3.73 OF THE CITY For inputS exceeding 9~9,999 BTU
.cODE R~L.ATING TO PLUMBING the fee shall toe as provided for gas
burners for use in connection with a
PERMITS, ADDING SECTION 3.05
~ND AMENDING· SECTION 3.0~ heating system, as foun= in Section
;RELATING TO FEES FOR PLUM* 3.195 (9).
,~ The above fees shall be in addition to
=E ADDING SECTION the fee charge~ for the permit for the
:LATING TO HEATING, installation of any gas piping for said
'iLATION, AIR CON~. devices and for any other gas tiffing
r t O N i NA~ AN D
IGERATION, D ADDING work, if any, included in said permit.
GN 3.200 RELATING TO FEES For, any permit for installing gas
iPRINJ(LING SYSTEMS. piping not exceeding two incheS in
City of New Hope, Minnesota diameter, for the first three openings,
the fee shall be $3.00 and each ad-
Council of the City of New ditlonal opening shall be $1.00.
ordains:
Chapter 3 of the New Hope ~ Gas piping exceeding two inches in
diameter for the first three openings,
Code is hereby amended by ad- the fee shall be $7.00 and each ad-
the following:
:3.72 P~umbing Permits. ~
(I) Permit Required.
~for,e the installation of any
~ plumbing work, fixture or device, a
shall be obtained from the
Official.
(2) AppJicatioa and Fees.
The Building Inspector shall, before
~ · 'issuing any permitS for the installation
plumbing work, fixture or
require the payment by the
icant of fees provided in Section
(3) Qualifications.
· ·Perm ts shall be issued only fo in-
'' d viduals or contractors licensed as
: : master plumbers by the Minnesota
. . .'.State Board of Health, except an in-
. ' div dual may obtain a permit and may
.. : Ado plumbing work which complies
r/ ',ith the provis ohs of the m n mum
~ndards. herein prescribed on
~nises or that part of premises
~ed and actual y occupied by him
, '- /his homestead f he shall file with
. . die Building Official an affidavit
· ~" ~howng that he 'is performing the
, actua work himself in such
". homestead. No permits shall be issued
~to the home owners for sewer and
: ['water connect ons. No journeyman
' shall instal plumbing as herein
~" ~ defined unless he is authorized to do so
· ' under the State Building Code.
Subd. (4) Surety Bond.
' The applicant, except an individual
doiraa wore on his own homestead,
shall first file a surety bond of $4,000
. running tb the City to compensate the
~City for any damages caused to the
': ~ City water system and appurtenances
· 'and City sewer system and ap-
purtenances, streets, curb and gutter.
,, Subd. (5) Insurance.
The applicant, except an individual
· doing work on his own homestead,
· shall first file with' the Clerk-
... Treasurer certificates of insurance
' issued b,t a company or companies
· ' ~duly licensod to do business in the
' State of Minnesota which shall be
written on the comprehensive liability,
: rproducts and completed operations
"~ liabil;ty, automobi e ability including
. ' 'employers non-ownership liability in
not less than the following amounts:
· ' Bodily injury liability:
S250,1~0.00 each person;
· $34~,000 for injuries as a .
, .~. result of any one occurence.
: Property damage liability:
· ' ' $ 50,0~0.~0 each accident;
' LA $1O0,~0.Oe aggregate. '
~tomobile liability:
~ · '.~.~o~.ily injury:
$~0;000.00 each person;
' i $50~,000.00 each occurrence. ~
~, --.. -., r Property damage:'
~ ,, $1og,o00.OO each occurrence.
Any such evidence or certificate or
,~tificates shall provide that it may
,of be cancelled by the insurer except
upon ten days written notice to the
. City. in case of cancellation of such
· : i!~surance, such permit shall be
~pended automatically until such
. insurance has been replaced:
3.~3 Enforcement.
The Building Official shall enfOrCe
: r~the provisions of this Plumbing Code.
Any person covering work without it
.being duly inspected or fetus ng to
" · correct work when SO ordered by the
' Buiidi~Cj Official, shall be guilty of a
ditional opening shall be $1.00. ~
Section 5. Section 3.22 of the City
Cede, Additional Provisions, (B) is
hereby amended to read as feflowS:
B) Uniform Building Code AppendiceS
Chapters 13, 35, 38, 48, 49, 51, 57 and
70.
Section 6. Chapter 3 of the City Cede
is hereby amendod by r adding the
following:
3.190 HEATING,' VENTILATION,
AIR CONDITIONING AND
REFRIGERATION
3.1gO Scope and Application. ~
From an~ after the effective date of
this ordinance, no person shrill con-
struct or install any heating, ven-
~tilat ag, air conditioning or refrigera-
t on plant or equipment or repair any
existing heating~ ventilating, air
conditioning or refrigeration plant or
equipment or repair any existing
heating, ventilating, air conditioning,
or refrigeration plant or equipment
unless in' compliance with the
provisions of this Cede.
3.192. Adoption of the Minnesota
z Heating, Ventilation, Air Conditionll~l
and Refrigeration Cede bY Reference.
There is hereby adopted and in-
corporated into this Code by reference
thereto, by marking three copies
thereof as "Official Copies" and filing
them for reference and inspection in
the off,ica of the City Clerk, all of that
cortaid code of the State of MinneSOta
entitled "Minnesota Heating, Ven-
~tilating, Air Conditioning and
Refrigeration Cede" identified as
Chapter ~1 through 85.
3.193 Electrical ConneCtion.
All electrical connections, electrical
wiring for motors, equipment and
controls used in. connection with
heating, ventilating, air conditioning
and refrigeration systems shall be .in
accordance with the provisions ef the
~ National Electrical Code.
3.194 Permits.
It shall be unlawful for any person to
construct or install, alter, replace, or
repair any heating, ventilating, air
conditioning or refrigeration plant or
equiprfleflt or in or for any building
with n the corporate limits of 'eaJd
City, without first obtaining a permit
therefor from the City. ~
~ 3.195. Permit Fees.
(I) Minimum Fee:
In no case shall the fee charged for
any permit issued under this Or-
dinance be less than $15.00 except
for single family homes in which
case it shall be not less than $7.50.
(2) For any permit for the installation
of a power plan, or a boiler, or
furnace and boiler, in connection
with any such plant, for' each such ~
boiler, or furnace and boiler, or
power plan to J~e installed
thereunder having an output or
capacity not exceeding 200,000
BTU per hour or 6 H.P., $7.00.
For each additional 100,000 BTU
per hour or 3 H.P. outpour or
capacity or fraction thereof~ $3.00.
For any permit for alterations or
?reoairs to any existing power
plant, or boiler, or furnace eno
boiler in c~nnection with a power
plant, where the cost of the
proposed work does not exceed
Five Hundred Dollars (5500.00),
$7 ~00.
And for each additional
to ?he above prescribed fee for such
permit
(6)~For any per,nit for the installation ~
of the duct work, sheet mesa work
and equipment in connection with a
ventilating system, the required
capacity of wh ch does not exceed
2,iX}0 cubic feet p~r minute, s7.00.
An for each additi0na 1,00O cubic
feet .per minute, orr:fraction:
thereof in such required capaclt~,
$3.00 shall be added to the above
~prescribed fee for such
For any permit for alterationS'6r'
repairs to any such ventilafl~
system and equipment, whel[e: the
cost of the proposed work d_oe.s.:not
exceed Five Hundred Dollars
($500.g0), S7.00.
And for each
Hundred Dollars
fraction thereof,
~proposed work, $3.00 sh.a. II b~. addce~h
r tO ~e aobve prescribed tee tar suc
(7) installation
of the duct ~
or cooling co Is, .piping and
refrigeration equipment) ~in con-
nection with
twhich
feet per minute, $7 00;
And for each additiona 1,000 cubic
feet per minute,, or fraction
thereof, in such required Capaicty,
For any' permit f0f the heating
coils for use in connection with ah
a r condit Doing system, supplied
with s~eam or hot w~tei; by an
~existing steam or hot water
system, the required capacity of
which does not exceed 400 square
feet E DR steam Or 640. square feet
EDR hot water, $7.00.
And for each additional required
200 square feet EDR steam or 320
square feet EDR hotwater, or
fraction thereof, in the required
capacity of
~ $3.00.
For any . .
of cooking ·.coils
-witl
where the required
exceed ~ tons
$16.50.
And for each additior~
thereof, $3.50
above prescribed fee
permit.
permit
cooling
sheet metal work
sysmm, where the
proposed work does not exceed
Five Hundred Dollars on(SS00.00),..
And for each additional
Hundred Dollars ($500.00), er'frac-
lion thor. eof, in the cost
prepoSedrWOrk, $3.00
to the above prescribed fee for such
f permit.
(S) For any ~ermif for the installation
of a steam or hot water heating
system, or for the installation for
use in connection with a fan.
orair conditioning
heating
capacity
400 square feet
~square feet
And for each
200 square feet
square feet EDR
fraction thereof,
such system or plant, $3.00
added to the abdve
for such permit.
PRESCRIBED FEE
PERMIT.
~ For an'
th,
President of The
uivalent
least once each
, which
~late matter
to serve, has at
total circulation
its local post-
~blished and open
and main-
Y
at least fWD years
' of State of
the Secretary of
~lished therein in
,ted copy of the
of type used in
ORDINANCE NO. 77- ] 3
AN ORDINANCE AMENDING CHAPTER 4
OF THE CITY CODE RELATING TO EXTENT
OF TR DISTRICT (SANDPIPER COVE)
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1: Chapter 4 of the City Code is hereby amended by the
addition of Section 4.109 (3) (Extent of Townhouse (TR) Residence Districts)
as follows:
(3)
The East 750.5 feet of the Northwest 1/4 lying South of the
center line of the Rockford Road, so called, Section 18,
Township 118 North, Range 21, West of the 5th Principal
Meridian, EXCEPT that part of the East 1/2 of the Northwest
1/4 of Section 18, Township 118, Range 21, described as
follows: Beginning at the Southeast corner thereof; thence
West along South Line of said Northwest 1/4 a distance of
750.5 feet; thence North and parallel with the East Line of
said Northwest 1/4, a distance of 1022.0 feet to a point which
is 500.0 feet South of the center line of Rockford Road as
measured at right angles; thence ~SOutheasterly in a straight
line and parallel with said center line to a point in said East
line, a distance of 1001.5 feet North of the point of beginning;
thence South to the point of beginning; EXCEPT all that land
which lies Northerly of a line drawn parallel with and distant
45.0 feet Southerly of said center line of Rockford Road (County
State Aid Highway No. 9), Hennepin County, Minnesota.
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope the 2Yth day of
June, 1977.
(Published in the New Hope-Plymouth Post the ]4th day of ~]V , 1977.)
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~
SS.
COUNTY OF HENNEPIN
E~C. L'.~.CFC:;'.:, being duly sworn, on oath says he is and during all the times herein stated has been t ent of The
Post Publishing CO., publisher and printer of the newspaper known as
NEW tlOPE-PLYMOLTTIt 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 gO0 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 fo the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, pla te 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
('IT1ES OF NEW ilOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
Hefurther stateson oe,h tha, thepr,n,ed .. ...........................................
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 flrst so published on '~~~
the...~/ ...... day of ......... 19.7~. and was thereafter printed and pu bi ished 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
me this ........ / ............ day of..~.....~.....~_ .... -~.D., 19.57.
......................................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77- ]4
AN ORDINANCE AMENDING CHAPTER 11
OF THE CITY CODE RELATING TO BICYCLES,
ESTABLISHING A LOCAL LICENSING PROCEDURE.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Chapter 11 of the City Code is hereby amended by the de-
letion of Sections 11.31 through 11.35, and by the substitution therefor of
the following Sections 11.31 through 11.336.
11.31 Definitions.
For purposes of this ordinance, the terms defined in this section
shall have the meanings given them.
11. 311 Bicycle.
"Bicycle" includes any device propelled by human power
upon which any person may ride, having two tandem wheels
either of which is over 14 inches in diameter, and any device
generally recognized as a bicycle though equipped with two front
or two rear wheels, or a unicycle.
11.312 License Plate.
"License plate" means a tag, plate, seal or other device
which can be securely attached to a bicycle and is issued upon
registration of the bicycle.
11.313 Commissioner.
"Commissioner" means the Commissioner of Public Safety
of the State of Minnesota.
11.32 License Required.
No person shall ride or propel a bicycle upon any street or
sidewalk in the City unless such bicycle has been registered and
a license plate is attached as provided in this ordinance.
11.33 Procedure.
11.331 Application.
Application for bicycle registrations shall be made to
the New Hope Deputy Registrar of bicycles at New Hope City
Hall. Application shall be on a three-part form provided by the
commissioner. The original shall be immediately forwarded to
the commissioner, the second copy shall be retained by the
purchaser and the third copy shall be retained for one year by
the deputy registrar who received the application. The com-
missioner shall designate a number to be stamped or otherwise
permanently affixed on the frames of bicycles on which no
serial number can be found, or on which the number is illegible
or insufficient for identification purposes.
11.332 Registration Fee.
The registration fee for bicycles shall be $3.50. These
fees shall be paid at the time of registration. Ail fees so collected
shall be deposited in the general fund.
11.333 Proof of Purchase.
Proof of purchase shall be required for registration.
Bicycles lacking proof of purchase shall be registered if there is
no evidence that such bicycle is stolen. However, the registration
record shall be marked to indicate that no proof of purchase was
provided. The registration of a bicycle shall be valid for a term
of three calendar years.
11.334 Report of Transfers.
Every person who sells or transfers ownership of any
bicycle registered pursuant to law shall report the sale or transfer
to the commissioner, indicating the name and address of the per-
son to whom the bicycle was sold or transferred. The report
shall be made within 14 days of the sale or transfer.
11.335 Notification of Address Change.
Whenever the owner of a bicycle registered pursuant to
this ordinance or the Laws 1976, Chapter 199 moves or changes
address, he shall notify the commissioner in writing of the new
address within 14 days.
-2-
11. 336 License Plates.
The Deputy Registrar shall provide to the registrant a
suitable registration card having the registration number stamped
thereon and indicating the date of registration, the make and
serial number of the bicycle, the owner's name and address,
and any additional information as the cOmmissioner may require.
Information concerning each registration shall be retained by the
commissioner. The Deputy Registrar shall issue a license plate
which shall be securely attached to the bicycle covered by the
registration. Upon a satisfactory showing that the license plate
or registration card has been lost or destroyed the commissioner
shall issue a replacement license plate or registration card upon
payment of a fee of $1.50. Ail fees so collected shall be deposited
to the general fund.
Section 2. Section 11.36, "Damaging Tags - Using Bicycle Without
Permission", is hereby repealed in its entirety, and the following Section 11.36
is hereby enacted:
11.36 Mutilation.
No person shall willfully remove, destroy, mutilate or otherwise
alter the serial nUmber or equivalent number of any bicycle designated
by the commissioner pursuant to Section 168C.03 of Minnesota Statutes,
or Section 11.331 herein. No person shall willfully remove, destroy,
mutilate, or otherwise alter any license plate during the time in which
the license plate is operative. Any person who violates the provisions
of this section is guilty of a misdemeanor.
Section 3. Section 11.38, "Enforcement", is hereby repealed in its
entirety, and the following Sections 11.38, "Theft" and 11.39, "Tampering
With a Bicycle", are hereby enacted:
11.38 Theft.
11. 381 Reporting Theft.
The Police Department shall report the theft of all bicycles
registered pursuant to this ordinance or to the Laws 1976, Chapter
199 to the Department of Public Safety within five days. Reports
of the stolen bicycles shall be entered in the Minnesota crime in-
formation center of the Department of Public Safety. When the
stolen bicycle has been recovered by a local law enforcement
agency, the agency shall report the recovery to the Department
of Public Safety within five days of the recovery.
-3-
11.382 Penalty
Any person who knowingly sells or offers for sale a
bicycle registered under Laws 1976, Chapter 199, or this ordinance
which is not owned by him or a member of his family is guilty of
theft and subject to punishment under Minnesota Statutes, Section
609.52, Subdivision 3.
11.39 Tampering with a Bicycle.
No person other than the owner or the owner's authorized agent,
except for protection of the bicycle , shall tamper with any bicycle
which has been locked or placed in a rack or otherwise secured.
Any person who violates this section is guilty of a misdemeanor.
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 the Z~h day of
June, 1977.
r~ekson, Mayo
Attest:
~l~tt-,J~ Po:~ot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the
,1977.)
-4-
NEW llOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN ~ SS.
E. C. ',-';'.;Tcu'.;, 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 IIOPE-PLYMOLTTtt 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 fo news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is no? made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports fo serve, has 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
('ITIES (iF NEW ItOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by fha 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 ..... ~)~:. ~x'~ ,:. ~'~.f~j~ ..............................
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 publ ished on . ~..~..~
the. /~/~.~dayof. ~-~ 19 ~J~? and was thereafter printed and
............... published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A fo Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and sworn to before
me,his ........ ..... dayof .... AD
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77-15
AN ORDINANCE DEFINING AND REGULATING THE
MAINTENANCE AND OCCUPANCY OF DWELLINGS
IN THE CITY OF NEW HOPE, MINNESOTA.
The City Council of the City of New Hope ordains:
Section 1. Chapter 3 of the New Hope City Code is hereby amended by
the addition of the following Sections 3.200 through 3.272.
3.200 DWELLING MAINTENANCE
OCCUPANCY CODE
AND
3.201 Title.
This Ordinance shall be known, cited, and referred to as the "New
Hope Dwelling Maintenance and Occupancy Code", except as referred to herein,
where it shall be known as "this Ordinance".
3.202 Purpose.
The purpose of this Ordinance is to protect the public health, safety,
and the general welfare of the people of the City. These general objectives
include, among others, the following:
3.2021 To protect the character and stability of all areas within
the City.
3.2022
To correct and prevent conditions that adversely affect or
are likely to adversely affect the life, safety, general
welfare, and health, including the physical, mental, and
social well-being of persons occupying or utilizing
structures within the City.
3.2023
To provide minimum standards for cooking, heating, sanitary
equipment, light, and ventilation necessary to health and
safety.
3.2024 To prevent the overerowding of dwellings by providing
minimum space standards per occupant for each dwelling unit.
3.2025 To provide minimum standards for the maintenance of exist-
ing buildings, and to thus prevent deterioration and blight.
3.2026 To preserve the value of land and buildings throughout
the City.
3.20 3 Discrimination and Privacy.
Inspection and enforcement shall be based on the requirements of
this Ordinance only and shall not be used to discriminate against any person on
any basis not specified in this Ordinance. Neither in enacting this Ordinance is
it the intention of the City Council to interfere or permit interference with legal
lights to personal privacy.
3.204 Right to Livelihood.
The City Council does not, by this Ordinance, intend to deprive any
person of the right to livelihood, except when the pursuit of that livelihood is
liable to be deleterious to the public health, safety, or general welfare of the
people of the City.
3.205 Contractual Relationships.
With respect to rental, lease, or sale disputes, and except as other-
wise specifically provided in the terms of this Ordinance, it is not the intention
of the City Council to intrude upon the fair and accepted contractual relationship
between tenant and landlord or between buyer and seller. The City Council does
not intend to intervene as an advocate of any party, nor to act as an arbiter, nor
to be receptive to complaints which are not specifically and clearly relevant to
the provisions of this Ordinance, nor to be responsible for certification of the
condition of structures, fixtures, or facilities, except at the time of inspection.
In the absence of other relevancy to the provisions of this Ordinance, it is in-
tended that the contracting parties exercise such legal sanctions as are available
to them without the intervention or involvement of City government.
3.206 Applicability.
Every building and its premises and any accessory structure thereof,
shall conform to the requirements of this Ordinance, irrespective of when such
building may have been constructed, altered, or repaired, except that no structure
shall be required to exceed the minimum standards contained in the Building Code
effective and applicable at the time of its construction. This Ordinance establishes
minimum standards for erected structures, accessory structures, and related
premises.
3.207 Separability.
Every section, provision, or part of this Ordinance is declared
separable from every other section, provision, or part to the extent that if any
section, provision, or part of the Ordinance shall be held invalid, it shall not
invalidate any other section, provision, or part thereof.
-2-
3.210 RULES AND DEFINITIONS
3.211 Rules.
The language set forth in the text of this Ordinance shall be inter-
preted in accordance with the following rules of construction:
3.2111 The singular number includes the plural, and the plural
the singular.
3.2112 The present tense includes the past and the future tenses,
and the future the present.
3.2113 The word "shall" is mandatory while the word "may" is
permissive.
3. 2114 The masculine gender includes the feminine and neuter.
3.2115
Whenever a word or term defined hereinafter appears in
the text of this Ordinance, its meaning shall be construed
as set forth in such definition thereof.
3.2116
Wherever the words "dwelling", "dwelling unit", "building",
"commercial facility", "non-residential facility", "premises",
or "structure" are used in this Ordinance, they shall be
construed as though they were followed by the words "or
any part thereof".
3.212 Definitions.
The following words and terms, wherever they occur in this Ordinance,
are defined as follows:
3.2121
Accessory Building or Use: A subordinate building or use
which is located on the same premises on which the main
building or use is situated and which is reasonably necessary
and incidental to the conduct of the primary use of such
building or main use.
3.2122
Approved: Acceptable to the Director of Protective Inspections
following his determination as to conformance with the pro-
visions of this Ordinance.
3.2123 Basement or Cellar: That portion of a building between
floor and ceiling, which is partly below and partly above
-3-
3.2124
3.2125
3.2126
3.2127
3.2128
3.2129
3.21210
grade. If so located that the vertical distance from grade
to the floor below is less than the vertical distance from grade
to ceiling, the portion shall be termed a basement; if so
located that the vertical distance from grade to the floor
below exceeds the vertical distance from grade to ceiling,
the portion shall be termed a cellar.
Boarding House: A building other than a hotel where, for
compensation and by prearrangement for definite periods,
meals, or lodging and meals are provided to persons, not
members of the principal family (See "Family") therein, but
not including a building providing these services for more
than ten (10) persons.
Boarding (House) Home - Foster Children: A family dwelling
where children out of their own homes are cared for.
Building: Any structure used or intended for supporting
or sheltering any use or occupancy.
Clean: Absence of rubbish, garbage, vermin, and other
unsightly offensive, or extraneous matter.
Commercial Facilities: Any building, structure, premises,
or facility which supports, shelters, or encloses any business,
occupation, employment, or enterprise wherein merchandise
is exhibited or sold, or which occupies time, attention, labor,
and materials, or where services are offered for compensation,
and which is taxable and for profit.
Common Areas: In a multiple-family dwelling, halls, corridors,
passageways, utility and recreational rooms, and exterior
landscaped areas, not under the exclusive control of one
family and for the use and benefit of multiple families shall
be considered common areas. Common areas shall not be
considered a part of any dwelling unit for purposes of cal-
culating habitable space. For non-residential, multiple
occupancy buildings, common areas are those which are not
under the exclusive control of a single occupant's operation
and are jointly utilized by or supporting multiple operations.
Dwelling: A building, or portion thereof, designed or used
exclusively for residential occupancy of a continued nature,
including one-family dwellings, both attached and detached,
two-family dwellings, and multiple-family dwellings; but
not including hotels and motels.
-4-
3.21211
3.21212
3.21213
3.21214
3.21215
3.21216
3.21217
3.21218
3.21219
Dwelling Unit: A single residential accommodation which is
arranged, designed, used or, if vacant, intended for use
exclusively as a domicile for one family.
Easily Cleanable: Readily accessible and of such material
and finish and so fabricated and placed that residue which
may accumulate can be completely removed by normal cleaning
methods.
Family: One (1) or more persons each related to the other
by blood, marriage, adoption, or foster care, or a group of
not more than five (5) persons not so related maintaining
a common household in a dwelling unit.
Floor Area: The area included within the surrounding
exterior walls of a building or portion thereof, exclusive
of vent shafts and courts.
Flush Water Closet: A toilet, with a bowl and trap made
in one piece which is connected to the City water and sewer
system or other approved water supply and sewer system.
Functioning: A structure or a part thereof or any fixture
or facility required therein in such physical condition as
to safely perform the service or services for which it was
designed or intended.
Garbag..e} Putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of
food.
Habitable Building: Any building or part thereof that meets
minimum standards for use as a home or place of abode by
one (1) or more persons.
Habitable Room: Aroom or enclosed floor space used or in-
tended to be used for living, sleeping, cooking, or eating
purposes, excluding bathrooms, water closet compartments,
laundries, furnace rooms, pantries, utility rooms of less
than 50 square feet of floor space, foyers, communicating
corridors, stairways, closets, storage spaces, and work-
shops, hobby and recreation areas in parts of the structure
below ground level or in attics, and unfinished basements
-5-
3.21220
3.21221
3.21222
3.21223
3.21224
3.21225
3.21226
3.21227
or cellars (those without floor covering, ceiling covering,
wall finish, required ventilation, required electric outlets
and required exit facilities).
Heated Water: Water heated to a temperature of not less than
120° Fahrenheit, 49° Centigrade, measured at faucet outlet.
Home Occupation: For the purposes of this Ordinance,
buildings enclosing and supporting approved home occupations
shall be considered dwellings rather than commercial facilities.
Insanitary: As applied to a structure means liable to be a
danger or hazard to the health of persons occupying or
frequenting it, or to the public, if such danger arises from
the methods or materials of construction, or from equipment
installed therein for the purposes of lighting, heating,
ventilation, or plumbing, or from existing conditions liable
to cause rat infestation, vermin infestation, accumulation of
trash or debris in the building, yards, or accessory
structure on the premises (same as unsanitary).
Kitchen: A space which contains a sink with counter working
space, adequate space for installing cooking and refrigeration
equipment, and adequate space for storage of cooking utensils.
Multiple Family Dwelling: A building or portion thereof
containing three (3) or more dwelling units.
Multiple Occupancy: The occupancy of a building that
supports, shelters, or encloses more than one (1) distinct
and separate use, including multiple dwelling units, multiple
commercial operations, or any combination of these or other
uses.
Non-Public Areas: Those areas in a non-residential facility
which are not normally occupied by the general public or
non-employees, or those which would be inaccessible to
the public under normal circumstances.
Non-Residential Facility: A building or structure which is
used for other than residential purposes, or a part of such
structure, or a structure a part of which is used for other
than residential purposes, and in every case, the premises
on which such a structure or facility is located. This designa-
tion shall include, but shall not be limited to nursing homes,
rest homes, hospitals, schools, churches, public buildings,
day-care centers, hotels, and all commercial facilities. This
designation shall not include buildings supporting approved
home occupations.
-6-
3.21228
3.21229
3.21230
3.21231
3.21232
3.21233
3.21234
3.21235
3.21236
Nursing Home (Rest Home): A building having accommoda-
tions where care is provided for two or more invalid, infirmed,
aged convalescent or physically disabled persons that are not
of the immediate family; but not including hospitals, clinics,
sanitariums, or similar institutions.
Occupancy: The purpose for which a building, or part thereof,
is used or intended to be used.
Occupant: Any person (including owner or operator) inhabiting
or occupying and utilizing a building or portion thereof.
Occupied: For dwelling units, occupied areas will include
those areas designated and utilized as habitable space, as well
as non-habitable spaces which are easily accessible and normally
utilized by the occupants. For non-residential facilities, oc-
cupied areas will include all areas utilized in the operation of
whatever use occupies the building.
Operator: The owner or his agent who has charge, care,
control, or management of a building, or part thereof, in
which dwelling units, rooming units, or commercial or industrial
facilities are let.
Owner: Any person, firm, or corporation who, alone, jointly,
or severally with others, shall be in actual possession of, or
have charge, care, or control of, any building or portion
thereof within the City as owner, employee, or agent of the
owner, or as trustee or guardian of the estate or person of the
title holder. Any such person representing the actual owner
shall be bound to comply with the provisions of this Ordinance
to the same extent as the owner.
Permissible Occupancy: The maximum number of persons
permitted to reside in a dwelling unit or rooming unit.
Person: An individual, firm, partnership, association, cor-
poration, or joint venture or organization of any kind.
Plumbing: Ail of the following supplied facilities and equip-
ment: gas pipes, gas burning equipment, water pipes, steam
pipes, garbage disposal units, waste pipes, water closets,
sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes washing machines, catch basins,
drains, vents, and any other similar fixtures and the installation
thereof, together with all connections to water, sewer, and
gas lines.
-7-
3.21237
3.21238
3.21239
3.21240
3.21241
3.21242
3.21243
3.21244
3.21245
3.21246
Premises: A platted lot or part thereof or unplatted parcel
of land, either occupied or unoccupied by any dwelling or
nondwelling structure, including such building, accessory
structure, or other structure thereon.
Proper Connection to an Approved Sewer System: A function-
ing sewer connection free from defects, leaks, or obstructions
with sufficient capacity to drain all fixtures or appliances
which feed into it. The sewer system (be it municipal or
private) must be capable of disposing of sewage in a safe,
sanitary, and adequate manner.
Proper Connection to an Approved Water System: A function-
ing plumbing connection free from defects, leaks, or obstructions
providing an uncontaminated, controllable flow of cold or heated
water.
Public Areas: In a non-residential facility, those areas which
are normally occupied by the general public or non-employees,
or those which would be accessible to the public under normal
circumstances.
Reasonable Care: Exercised by occupants, reasonable care shall
be considered the treatment of all supplied facilities, fixtures,
equipment, and structural elements such that depreciation
of these objects and materials is due to their age and normal
wear through use, rather than due to neglect.
Refuse: Ail putrescible and nonputrescible waste solids in-
eluding garbage and rubbish.
Rental Dwelling or Dwelling Unit: A dwelling or dwelling
unit let for rent or lease.
Rental Non-Residential Facility: A non-residential facility
let for rent or lease.
Repair: To restore to a sound and acceptable state of
operation, serviceability, or appearance in the deter-
ruination of the Director of Protective Inspections.
Rodent Haborage: Any place where rodents are liable to
live, nest, or seek shelter.
-8-
3.21247
3.21248
3.21249
3.21250
3.21251
3.21252
3.21253
3.21254
3.21255
3.21256:
Rooming House. A building other than a hotel where, for
compensation for definite periods, lodging is provided for
persons not of the principal family, but not including a
building providing this service for more than ten (10)
persons.
Rooming Unit: Any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking and eating purposes.
Rubbish: Nonputrescible solid wastes (excluding ashes) con-
sisting of both combustible and noncombustible wastes, such
as paper, cardboard, tin cans, yard clippings, wood, glass,
brick, plaster, bedding, crockery, and similar materials.
Safe: The condition of being reasonably free from danger and
hazards which may cause accidents or disease.
SBC: The State Building Code as adopted by the State of Minnesota.
Sign: Any writing (including letters, words, or numerals),
pictorial representation (including illustrations or decorations),
emblem (including devices, symbols, or trademarks), flag,
banner, streamer, pennant, string of lights, or display
designed to attract the attention of the public, whether it be
attached to a structure, painted on, or in any other manner
represented on a building or other structure or on the ground.
Substandard Building: Any dwelling or non-residential facility
which does not conform to the minimum standards established
by City Ordinances.
Supplied: Paid for, furnished by, provided by, or under the
control of the owner, operator, or agent of a building or
portion thereof.
Structure: Anything erected, the use of which requires more
or less permanent location on the ground; or attached to some-
thing having a permanent location on the ground.
Unsafe: As applied to a structure is a condition or combination
~f conditions liable to be a danger or hazard to the life, safety,
or health of persons occupying it or frequenting it or of the
public and in danger of settlement, movement, disintegration,
combustion, or collapse, whether such danger arises from the
method or materials of its construction or from equipment in-
stalled therein for the purposes of lighting, heating, the trans-
mission or utilization of electrical power, or from obsolescence
or deterioration, or from its location or otherwise.
-9-
3.21257
Use: The purpose or activity for which the land or building
the'~eon is designated, arranged, or intended, or for which
it is occupied, utilized, or maintained, and shall include
the performance of such activity as defined by the performance
standards of this Ordinance.
3.220
RESPONSIBIBITIES OF OWNERS
AND OCCUPANTS
(The division and assignment of responsibilities set forth herein shall be observed
by the Director of Protective Inspections in the enforcement of this Ordinance, ex-
cept when contradicted by a contractual agreement, in force at the time of the
determination of a violation, clearly and specifically assigning and dividing these
responsibilities in a different manner.)
3.221 Provision and Maintenance of Basic Services and Utilities.
3.2211
Plumbing, Heating, and Electrical Service: Every owner
shall be responsible for the provision and maintenance of
plumbing, heating, electrical, and ventilating service to
every occupied portion of every building.
3.2212
Supplied Heat to Non-Controlling Occupant: Whenever the
occupant lacks direct control over the supplied heat to a dwelling
unit, it shall be the responsibility of the owner that a temperature
of at least 68° Fahrenheit, 20° Centigrade, or such lesser
temperature required by government authority, be maintained
at a distance of three (3) feet above the floor in all habitable
rooms, bathrooms and water closet compartments. Where
persons are employed in duties and operations in an enclosed
space or room within non-residential facilities, and not engaged
in active physical activity, sufficient heat shall be provided in
such spaces or rooms as to maintain a temperature of 68°
Fahrenheit, 20° Centigrade, or such lesser temperature re-
quired by government authority at a distance of three (3)
feet above the floor.
3.2213
Climate Control as Integral Function: When facilities for
interior climate control (heating, cooling, and/or humidity
control) are integral functions of structures, it shall be the
responsibility of the owner that such facilities are maintained
and operated in a continuous manner and in accordance with
the designed capacity of the installed equipment. During
instances when the integral equipment is inoperative because
of power or mechanical failure, alternative provisions for
fresh air ventilation of every occupied portion of every
building shall be the responsibility of the owner.
- 10 -
3.222 Structural Maintenance.
3.0221
Structural Elements: Every owner of every building shall be
responsible for the maintenance of all structural elements, in-
eluding foundations, framework, floors, ceilings, exterior
and interior walls, roofs, windows, doors, screens, stairways,
porches, balconies, platforms, balustrades, and every ap-
purtenance thereto.
3.0222
Reasonable Care: Every occupant of every building shall be
responsible for the exercise of reasonable care in the cleaning
and operation or use of all structural elements.
3.223 Interior Maintenance.
3.2231
Maintenance of Common Areas: Every owner of a building
containing two (2) or more occupancies shall be responsible
for the maintenance of the common areas of the building and
premises thereof.
3.2232
Maintenance of Occupied Areas: Every occupant of a building
or portion thereof shall be responsible for the custodial
maintenance of that part or those parts of the building and
premises that he occupies and controls.
3.2233 Provision and Maintenance of Basic Fixtures and Facilities:
Every owner of a building shall be responsible for the pro-
vision and maintenance of the basic fixtures and facilities
required in Section 3.230 of this Ordinance.
3.2234
Reasonable Care: Every occupant of a building or portion
thereof shall be responsible for the exercise of reasonable
care in the cleaning and operation or use of all fixtures and
facilities supplied therein.
3.224 Exterior Maintenance.
3.2241
Removal of Snow and Ice: The owner of a multiple-family
residential or commercial building shall be responsible for
the removal of snow and ice from parking lots, driveways,
steps, and walkways on the premises.
3.2242
nlumination: The owner of a multiple occupancy building
shall be responsible for providing and maintaining illumination
in all exterior parking lots and walkways with provisions to
control glare affecting surrounding properties.
- 11-
3.2243
Driving and Parking Areas: The owner of any building shall
be responsible for providing and maintaining parking areas
and driveways for the occupants of the building and other
patrons.
3.2244
Fences and Accessory Buildings: All fences or accessory
buildings supplied by the owner or agent on the premises shall
be the responsibility of said owner or agent. Those fences or
accessory buildings caused to be erected by an occupant on
the premises shall be the responsibility of said occupant,
except that when an occupant has vacated a premise his
responsibility shall revert to the owner.
3.2245
Landscaping in Yards and Setbacks: The owner of any building
shall be responsible for providing and maintaining landscaping
in all yards and/or setbacks and all areas not designated for
buildings, circulation, parking or storage on the premises.
3.2246
Storm and Screen Doors and Windows: The owner of a rental
dwelling unit shall be responsible for providing and hanging all
screens and storm doors and storm windows.
3.2247
Sign and Architectural Lighting: The occupant of a non-residential
facility shall be responsible for providing and maintaining fixtures
to control glare from sign and architectural lighting on any ad-
joining residential zone or public street as prescribed in the
New Hope Zoning Ordinance, Section 3, Subd. C (5).
3.2248
Maintenance of Signs: The occupant of a non-residential
facility shall be responsible for signs pertaining to or located on
premises that he occupies and controls. The owner of a non-
residential facility with mixed or multiple occupancy shall be
responsible for signs located on common areas or pertaining to
the general premises.
3.225 Rodent and Vermin Control.
3.2251
Rodent Harborages in Occupied Areas: It shall be the responsi-
bility of every occupant of a structure or portion thereof to prevent
the formation of rodent harborages in or about the premises that he
occupies or controls. It shall further be the responsibility of said
occupant to prevent the placement or accumulation of materials
that may serve as food for rodents in a site accessible to rodents in
these areas.
- 12-
3.2252
Rodent Harborages in Public Areas: It shall be the responsi-
bility of every owner of a building containing two (2) or more
occupancies to prevent the formation of rodent harborages in
or about the common areas of the building or its premises. It
shall further be the responsibility of said owner to prevent the
placement or accumulation of materials that may serve as food
for rodents in a site accessible to rodents in these areas.
3.2253
Pest Extermination: Every occupant of a building containing
a single occupancy shall be responsible for the extermination
of vermin infestations and/or rodents on the premises. Every
occupant of a building containing more than one (1) occupancy
shall be responsible for such extermination whenever his portion
of the building is the only one infested. Notwithstanding, how-
ever, whenever infestation is caused by the failure of the
owner to maintain a building or portion thereof in a reasonable
rodent-proof or reasonable vermin-proof condition, extermination
shall be the responsibility of the owner. Whenever infestation
exists in two (2) or more of the occupied portions of any building,
or in the shared or public parts of any building containing two
(2) or more occupancies, extermination shall be the responsibility
of the owner.
3.230 MINIMUM STANDARDS
3.231 Minimum Standards for Basic Services and Utilities.
3.2311
Minimum Plumbing Standards: Ail plumbing in every occupied
portion of every building and all common areas shall be properly
installed and maintained in a sanitary, safe, and functioning
condition, and shall be connected to an approved utility system
in a manner prescribed by the ordinances, rules, and regulations
of the City of New Hope and by the laws of the State of Minnesota.
Every fixture, facility, or piece of equipment requiring a
sewer conection shall have such a connection, functioning,
and free from defects, leaks, or obstructions with sufficient
capacity to drain it and all other fixtures, facilities, or
pieces of equipment which feed into it. The sewer system,
whether municipal or private, must be capable of conveying
and disposing of the sewage in a safe, sanitary, and adequate
manner.
- 13 -
3.2312
3.2313
Every fixture, facility, or piece of equipment requiring a
water connection shall have such a connection, functioning,
and free from defects, leaks, or obstructions with sufficient
capacity to adequately supply it and all other fixtures,
facilities, or pieces of equipment which it supplies with an
uncontaminated, controllable flow of water.
Minimum Heating Standards: No person shall occupy as owner,
occupant, or let to another for occupancy any building or portion
thereof which does not have heating facilities which are properly
installed, and which are maintained in safe and good working
condition, and which are capable of safely and adequately heating
all occupied areas located therein to a temperature of at least
70° Fahrenheit, 21° Centigrade, at a distance of three (3) feet
above floor level and three (3) feet from exterior walls at an
outside temperature of-25° Fahrenheit, -32° Centigrade. Gas
or electric appliances designed primarily for cooking or water
heating purposes shall not be considered as heating facilities
within the meaning of this section. Portable heating equipment
employing flame and the use of liqUid fuel does not meet the
requirements of this section and is prohibited. No owner or
occupant shall install, operate, or use a space heater employing
a flame that is not vented outside the structure in an approved
manner.
Minimum Electrical Standards: Supplied electrical service,
functioning over-current protection devices, electric outlets,
and electric fixtures shall be properly installed and maintained
in good and safe working conditions, and shall be connected to
a source of electric power in a manner prescribed by the ordinances,
rules and regulations of the City of New Hope and by the laws of
the State of Minnesota. The minimum capacity of such electric
service and the minimum number of electric outlets and
fixtures shall be as follows:
A. Every building shall have at least the equivalent of 60-ampere,
three-wire electric service to all occupied portions thereof.
B. Dwelling units shall have at least one (1) branch electric
circuit for each 600 square feet of dwelling unit floor area.
Every habitable room of every dwelling unit shall have at
least one (1) floor or wall-type electric convenience outlet
for each 60 square feet or fraction thereof of total floor area,
and in no case less than two (2) such electric outlets. Tem-
porary wiring or extension cords shall not be used as
permanent wiring.
- 14-
3.2314
3.2315
Dw
Ee
Every water closet compartment, bathroom, kitchen, laundry
room, and furnace room shall contain at least one (1) supplied
ceiling or wall-type electric light fixture and every bathroom
and laundry room shall contain at least one (1) electric con-
venience outlet.
Every common hall and stairway in every multiple family
dwelling shall be adequately lighted by natural or electric
light at all times, so as to maintain an average, horizontal
illumination of two (2) foot candles as defined in the Fifth
Edition of the Illumination Engineers' Society Handbook.
Every public hall and stairway in structures containing not
more than two (2) dwelling units may be supplied with con-
veniently located light switches controlling an adequate
lighting system which may be turned on when needed, instead
of full-time lighting.
A convenient switch or equivalent device for turning on a
light in each dwelling unit shall be located near the points
of entrance to such unit.
Every non-residential facility shall have sufficient circuits
installed to various parts of the building to prevent over-
loading and overfusing.
Minimum Ventilation Standards: Except where there is supplied
some other device affording sufficient ventilation as specified
in the SBC for various occupancy types and approved by the
Director of Protective Inspections, every occupied room shall
have at least one (1) window facing directly outdoors which
can be opened easily. The minimum total of openable window
area in every habitable room shall be the greater of five percent
(5%) of the floor area, of the room, and in no case less than
four (4) square feet. Every non-habitable room (bathroom,
water closet compartment, laundry room, and utility room)
shall have at least fifty percent (50%) of the openable window
requirement otherwise appropriate for the floor area, except
that no windows shall be required if such rooms are equipped
with a ventilation system which is approved by the Director of
Protective Inspections.
Discontinuance of Basic Services or Utilities: No owner,
operator, or occupant shall cause or allow any service or
utility which is required under this Ordinance, to be shut
off from or discontinued for any occupied building or portion
thereof let or occupied by him, except for such temporary
- 15-
interruptions as may be necessary while actual repairs or
alterations are in process, or during temporary emergencies.
Whenever such temporary interruptions may be necessary a
reasonable effort shall be made to notify all occupants affected.
3.232 Minimum Structural Standards.
3.2321
Foundations, Exterior Wails, and Roofs: The foundation, ex-
terior walls, and exterior roof shall be substantially water
tight and protected against vermin and rodents and shall be
kept in sound condition and repair. Ail portions of the building
shall be adequately supported by the foundation element. Every
exterior wall shall be free of deterioration, holes, breaks, loose
or rotting boards or timbers, and any other condition which
might admit rain or seepage to the interior portion of the walls
or to the interior spaces of the dwelling. The roof shall be
tight and have no defect which admits rain, and roof drainage
shall be adequate to prevent rain water from causing dampness
in the walls. Exterior surfaces shall be consistently maintained
on all levels and elevations. Ail exterior wood surfaces, other
than decay resistant woods, shall be protected from the elements
and decay by paint or other protective covering or treatment.
If twenty-five percent (25%) or more of the exterior surface of
such a wood surface is unpainted or determined by the Director
of Protective Inspections to be paint blistered, the surface shall
be painted. If twenty-five percent (25%) or more of the exterior
surface of the pointing of any brick, block, or stone wall is
loose or has fallen out, or is determined by the Director of
Protective Inspections to be deteriorated, the surface shall be
repaired, with an effort to maintain the same type of colors
and materials.
3.2322
Floors, Interior Walls and Ceilings.: Every floor, interior
wall, and ceiling shall be adequately protected against the
passage and harborage of vermin and rodents, and shall be
kept in sound condition and good repair. Every floor in rental
dwelling units shall be free of loose, warped, protruding,
ripped, or rotten flooring materials and floor coverings. Every
interior wall and ceiling shall be free of holes and large cracks
and loose plaster and shail be maintained in a tight weatherproof
condition. Toxic paint and materials with a lasting toxic effect
shall not be used. Every toilet room floor surface shall be
easily cleanable.
3.2323
Stairways, Porches, Platforms and Balconies: Every stairway,
inside or outside of a building and every porch, platform or
balcony, shall be kept in safe condition and sound repair. Every
flight of stairs and every porch, platform and balcony floor shall
be free of deterioration. Every stairwell and every flight of stairs
- 16-
which is more than four (4) risers high shall have handrails
approximately thirty (30) inches high, measured vertically
from the nose of the stair tread to the top of the handrail.
Every porch, balcony, or platform elevated more than thirty
(30) inches shall have guard rails at least thirty (30) inches
above the floor of the porch, platform or balcony. Guard
rail supports, intermediate rails or ornamentation shall be
arranged such that at no point may a nine (9) inch diameter
sphere pass beneath the guard rail. Every guard rail,~
handrail and balustrade shall be firmly fastened and maintained
in good condition. No flight of stairs shall have settled out of
its intended position or have pulled away from the supporting
or adjacent structures enough to cause a hazard. No flight
of stairs shall have rotting, loose, or deteriorating supports,
treads, or covering. Excepting spiral and winding stairways,
the treads and risers of every flight of stairs shall be uniform
in width and height. Stairways shall be capable of supporting
a live load of 100 pounds per square foot of horizontal projection.
3.2324
Non-Public Stairways, Platforms, and Balconies: Every
stairway, platform, and balcony reserved for the use of
employees, including loading docks, storage, production, and
warehousing areas, shall be constructed and maintained in a
safe condition as prescribed in Minnesota Statutes, Chapter 182.
3.2325
Windows, Doors, and Screens: Every window, exterior door,
and hatchway shall be substantially tight and shall be kept in
sound condition and repair. Every window, other than a
fixed window or storm window, shall be capable of being easily
opened. Every window, door, and frame shall be constructed
and maintained in such relation to the adjacent wall construction
as to completely exclude rain, wind, vermin, and rodents from
entering the building. Every window or other device with
openings to outdoor space which is used or intended to be
used for ventilation shall be supplied with 16-mesh screens.
3.2326
Safe Building Elements; Every foundation, roof, floor,
exterior and interior wall, ceiling, inside and outside stair,
every porch, platform, and balcony, and every appurtenance
thereto, shall be safe to use and capable of supporting loads
that normal use may cause to be placed thereon.
3.2327
Access: Access to and egress from every portion of every
building shall be provided in conformance to the requirements
set forth in the Uniform Building Code Chapters 5-14 and
Appendix Section 1313 based upon type of occupancy and type
of construction.
- 17 -
3.2328
Minimum Ceiling Height: The ceiling height of any habitable
room shall be at least seven (7) feet; except that in any habit-
able room under a sloping ceiling at least one-half of the floor
area shall have a ceiling height of at least seven (7) feet,
and the floor area of that part of such a room where the ceiling
height is less than five (5) feet shall not be considered as
part of the floor area in computing the total floor area of
the room for the purpose of determining the maximum permissible
occupancy.
3.2329
Units Below Grade: No space located more than four (4) feet
below grade shall be used as a habitable room of a dwelling
unless approved by the Director of Protective Inspections.
Approval shall be based on compliance with the minimum stan-
dards of this ordinance for habitable rooms.
3.233 Minimum Interior Standards for Dwelling Units.
3.2331 Kitchen Facilities: Every kitchen in every dwelling unit shall
include the following:
Ae
A kitchen sink in good working condition and properly
connected to an approved water supply system and which
provides at all times a reasonable amount of heated and
unheated running water under pressure, and which is
connected to an approved sewer system.
Cabinets and/or shelves for the storage of eating, drinking,
and cooking equipment and utensils and of food that does
not require refrigeration for safekeeping; and a counter or
table for food preparation. Said cabinets and/or shelves
and counter or table shall be adequate for the permissible
occupancy of the dwelling unit and shall be of sound
construction furnished with surfaces that are easily clean-
able and that will not impart any toxic or deleterious effect
to food. Each dwelling unit shall have facilities for the
safe storage of drugs and poisonous household chemicals.
A stove or similar device for cooking food, and a refrigerator
or similar device for the safe storage of food, which are
properly installed with all necessary connections for safe,
sanitary, and efficient operation. Provided that such stove,
refrigerator, or similar devices need not be installed when
a dwelling unit is not occupied and when the occupant is
expected to provide same on occupancy, in which case
sufficient space and adequate connections for the installation
and operation of said stove, refrigerator, or similar device
must be provided.
- 18-
3.2332
3.2333
3.2334
3.2335
3.2336
Toilet Facilities: Within every dwelling unit there shall be a
nonhabitable room with an entrance door which affords privacy
to a person within said room and which room is equipped with
a flush water closet in good working condition. Said flush
water closet shall be equipped with easily cleanable surfaces,
shall be connected to an approved water system that at all times
provides an adequate amount of running water under pressue to
cause the water closet to be operated properly, and shall be
connected to an approved sewer system.
Lavatory Sink: Within every dwelling unit there shall be a
lavatory sink. Said lavatory sink may be in the same room as
the flush water closet, or if located in another room, the lavatory
sink shall be located in close proximity to the door leading
directly into the room in which said water closet is located.
The lavatory sink shall be in good working condition and shall
be properly connected to an approved water supply system
and shall provide at all times an adequate amount of heated
and unheated running water under pressure, and shall be con-
nected to an approved sewer system. Water inlets for lavatory
sinks shall be connected to an approved sewer system. Water
inlets for lavatory sinks shall be located above the overflow
rim of these facilities.
Bathtub or Shower: Within every dwelling unit there shall be
a room which affords privacy to a person within said room and
which is equipped with a bathtub or shower in good working
condition. Said bathtub or shower may be in the same room
as the flush water closet, or in another room, and shall be
properly connected to an approved water supply system and
shall provide at all times an adequate amount of heated and
unheated water under pressure, and shall be connected to an
approved sewer system. Water inlets for bathtubs shall be
located above the overflow rim of these facilities.
Closet Space: Every dwelling unit shall have at least four (4)
square feet of floor-to-ceiling height closet space for the per-
sonal effects of each permissible occupant; if it is lacking, in
whole or in part, an amount of space equal in square footage
to the deficiency shall be subtracted from the area of habitable
room space used in determining permissible occupancy.
Door Locks and Security: No owner shall occupy nor let to
another for occupancy any dwelling or dwelling unit unless all
exterior doors of the dwelling or dwelling unit are equipped
with safe, functioning locking devices. Multiple family
dwellings shall be furnished with door locks as follows:
- 19 -
For the purpose of providing a reasonable amount of safety
and general welfare for persons occupying multiple family
dwellings, an approved security system shall be maintained
for each multiple family building to control access. The
security system shall consist of locked building entrance or
foyer doors, and locked doors leading from hallways into
individual dwelling units. Dead-latch type door locks shall
be provided with lever knobs (or door knobs) on the inside
of building entrance doors and with key cylinders on the
outside of building entrance doors. Building entrance door
latches shall be of a type that are permanently locked from
the outside and permanently unlocked from the inside.
Every door that is designed to provide ingress or egress
for a dwelling unit within a multiple family building shall
be equipped with an approved lock that has a dead-locking
bolt that cannot be retracted by end pressure, provided,
however, that such door shall be openable from the inside
without the use of a key or any special knowledge or effort.
3.2337
Removal of Basic Equipment or Facilities: No owner, operator,
or occupant shall cause any facility or equipment which is required
under this Ordinance, to be removed from or shut off from any
occupied dwelling or dwelling unit let or occupied by him, except
for such temporary interruptions as may be necessary while
actual repairs or alterations are in process, or during temporary
emergencies.
3.234 Minimum Interior Standards for Non-Residential Facilities.
3.2341
Toilets and Lavatories: Every non-residential facility regularly
used or occupied by persons shall be provided with toilet and
lavatory facilities as further provided in this section except that
small buildings (not over 150 square feet) used for shelter in
connection with the operation of parking lots, storage lots,
kiosks, watchman stations, and similar uses shall not be
required to have such facilities if such facilities are conveniently
available to workers using such buildings and are so used at all
times.
Toilet and lavatory facilities shall be provided according
to the SBC (Uniform Building Code Chapters 6 through 14
and 17) and the American Standards Association Minimum Re-
quirements for Sanitation in Places of Employment
A.S .A.Zl - 1955, except that separate facilities for the sexes
- 20 -
3.2342
3.2343
3.2344
may not be required in establishments occupied by five
or less persons of both sexes taken together and where
said facilities are not used by the public. Such facilities
shall be located in a space completely enclosed by partitions
and self-closing doors separating them from any other room
or space. Such toilet rooms shall be provided with adequate
light and ventilation.
All toilet facilities and toilet rooms shall be kept neat and
clean at all times. The toilet room walls and ceiling shall
be provided with a smooth surface and where paint is used
as the surface coating it must be maintained and painted as
is necessary for cleanliness. Floors in such rooms must
be of non-absorbent materials such as concrete, brick tile,
vinyl or asphalt tile, or similar surface material.
Toilet paper shall be provided with each toilet facility. Soap
shall be provided with each lavatory. Individual towels or
other means of drying shall be provided for lavatories· No
common towel shall be used.
Supplied Drinking Fountains: All drinking fountains provided shall
comply with the provisions set forth in the Uniform Building Code,
Sections 605, 705, and 1712.
Interior Storage: Storage of all goods and materials within non-
residential facilities shall be arranged and maintained so as not
to interfere with the intended function of windows, heating,
cooling, or ventilating registers, or any other required fixtures
or facilities. Neither shall stored goods and materials obstruct
access to required emergency exits nor be so arranged as to
prevent the proper functioning of required fire doors. No
goods or materials shall be stored so as to constitute a fire
hazard. In areas accessible to the public, adequate aisle as
specified in the SBC and Fire Code shall be maintained between
stored or displayed goods and materials, and said goods and
materials shall be stacked or supported so as not to constitute
a danger to the life or health of any person.
Removal of Basic Equipment or Facilities: No owner, operator,
or occupant shall cause any facility or equipment which is
required under this Ordinance to be removed from or shut off
from any occupied non-residential facility let or occupied by him,
except for such temporary interruptions as may be necessary
while actual repairs or alterations are in process, or during
temporary emergencies.
-21-
3.235 Minimum Exterior Standards.
3.2351
Snow and Ice Removal: Individual snowfalls, or successive
snowfalls, shall be removed from all steps and walkways on
the premise of multiple residential or commercial facilities
within twelve (12) hours after cessation of snowfall. Snow re-
moval from provided parking facilities shall be executed in
conformance with Section 9.150 of the City Codes.
3.2352
Exterior Lighting: For multiple family dwellings, all exterior
parking areas and walkways shall be provided with an average,
maintained, horizontal illumination of six-tenths (0.6) foot-
candles, as defined in the Fifth Edition of the Illumination
Engineers' Society Handbook. For non-residential facilities
all exterior parking areas and walkways shall be provided
with an average, maintained, horizontal illumination of two
(2) foot-candles, as defined in the Fifth Edition of the Illumination
Engineers' Handbook.
3.2353
Si~n, Awning, and Exterior Fixtures: Ail canopies, marquees,
signs, metal awnings, stairways, fire escapes, standpipes,
exhaust ducts, and similar overhang extensions shall be main-
rained in good repair and properly anchored so as to be kept
in a safe condition. They shall be protected from the elements
and against decay and rust by the periodic application of a
weather-coating material such as paint or other protective treat-
ment.
3.2354
Driving and Parking Areas: Ail multiple family dwellings and
non-residential facilities shall be provided with paved and
delineated parking areas and driveways, properly screened,
striped and maintained in good condition, consistent with the
New Hope Zoning Ordinance.
Ail single family and two-family dwellings and townhouses shall
have designated parking areas and driveways as required in
the New Hope Zoning Ordinance. These areas shall be surfaced
and maintained with materials suitable to control dust and drain-
age. No vehicle, other than a recreational vehicle, camping,
boat or utility trailer, or other recreational boats and equipment,
shall be stored on an area not designated and properly maintained
for purpose of parking. Recreational vehicles and other recrea-
tional equipment can be parked and stored on the lot other than
on designated parking areas providing such parking does not
interfere with lot drainage, and that the vehicles are owned by
the occupant.
- 22 -
3.2355
3.2356
3.2357
3.2358
3.2359
Fence Maintenance: All fences shall consist of metal, wood,
masonry, or other decay-resistant material. Fences shall be
maintained in good condition both in appearance and in structure.
Wood material, other than decay resistant varieties, shall be
protected against decay by use of paint or other preservatives.
If twenty-five percent (25%) or more of the exterior surface of
such a structure is unpainted, or determined by the Director
of Protective Inspections to be paint blistered, the surface
shall be painted.
Accessory Structure Maintenance: Accessory structures
supplied by the owner, agent, or tenant occupant shall be
structurally sound, and be maintained in good repair and appear-
ance. The exterior of such structures shall be made weather
resistant through the use of decay-resistant materials such as
paint or other preservatives. If twenty-five percent (25%) or
more of the exterior surface of such a structure is unpainted,
or determined by the Director of Protective Inspections to be
paint blistered, the surface shall be painted.
Landscaping: Every yard, setback and every area not designated
for buildings, circulation, parking, recreation areas, and
storage shall be provided with lawn or combined ground cover
of vegetation, garden, hedges, trees and shrubbery. Provided
landscaping shall be maintained in good condition. Vacant
land shall be maintained in accordance with the New Hope Weed
Elimination Ordinance, Section 9.70 of the City Code. When
landscaping originally provided and/or required wholly or
partially in multiple dwelling, commercial or industrial areas
for purposes of screening is found to be deficient in fulfillment
of this purpose due to inadequate provision or lack of proper
maintenance, the Director of Protective Inspections may require
compliance with landscaping and screening provisions for new
construction in the New Hope Zoning Ordinance.
Grading and Drainage: Every yard, court, passageway, and
other portions of a premises not designated as a storm-water
ponding area shall be graded and drained so as to prevent
the accumulation of water that will be a hazard to health and
safety.
Gutters and Downspouts.: Provided gutters, leaders, and down-
spouts shall be maintained in good working condition as to
provide proper drainage of storm water. In no case shall storm
water be channeled into the sanitary sewer system. Neither shall
storm water, ice, or snow be directed onto, or channeled across
walkways or streets where it is liable to be a hazard to life or
health.
- 23-
3.236 Minimum Standards for Rodent and Vermin Control.
Every building or accessory structure and the premises on which it is
located shall be maintained in a rodent-free and rodent-proof condition.
3.2361
Ail openings in the exterior walls, foundations, basements,
ground or first floors, and roofs which have a half-inch diameter
or more opening shall be rodent-proofed in an approved manner
if they are within forty-eight (48) inches of the existing exterior
ground level immediately below such openings, or if they may
be reached by rodents from the ground by climbing unguarded
pipes, wires, cornices, stairs, roofs, and other items such as
trees or vines or by burrowing.
3.2362
Ail windows located at or near ground level used or intended to
be used for ventilation, all other openings located at or near
ground level, and all exterior doorways which might provide
an entry for rodents, shall be supplied with adequate screens
or such other devices as will effectively prevent the entrance
of rodents into the structure.
3.2363
Ail sewers, pipes, drains, or conduits and openings around
such pipes and conduits shall be constructed to prevent the
ingress or egress of rodents to or from a building.
3.2364 Interior floors of basements, cellars, and other areas in contact
with the soil shall be rodent-proofed in an approved manner.
3.2365
Materials stored outside of buildings shall be stacked in an
orderly manner so as to prevent the creation of a rodent harborage.
No stacking or piling of material shall take place against the
exterior walls of a structure.
3.240 OCCUPANCY STANDARDS
3.241 One Family Per Dwelling Unit.
Not more than one (1) family, except for boarders or temporary guests,
as controlled by the Zoning Code, shall occupy a dwelling unit.
3.242 Permissible Occupancy of Dwelling Unit.
With the exception of owners occupying a respective dwelling unit
prior to enactment of this Ordinance, the maximum permissible occupancy of any
dwelling unit shall be determined as follows:
- 24-
3.2421
Minimum Space; For the first occupant, 150 square feet of
habitable room floor space and for every additional occupant
thereof, at least 100 square feet of habitable room floor space.
3.2422
Maximum Occupancy: In no event shall the total number of
occupants exceed two (2) times the number of habitable
rooms, less kitchen, in the dwelling unit.
3.2423
Occupancy of Sleeping Rooms: In every rental dwelling unit,
every room occupied for sleeping purposes by one (1) occupant
shall contain at least seventy (70) square feet of floor space for
the first occupant and every room occupied for sleeping pur-
poses by more than one (1) occupant shall contain at least fifty
(50) square feet of floor space for each occupant thereof.
3.250 INSPECTION AND ENFORCEMENT
3.251 Administration and Enforcement.
The Director of Protective Inspections and/or his designated agents
shall administer and enforce the provisions of this Ordinance and are hereby
authorized to cause inspections on commercial and rental dwelling units on all
classes of property within the City on a scheduled basis, and on owner occupied
residential units on all classes of property at the point of sale or when reason
exists to believe that a violation of the Ordinance has been, or is being, committed.
3.2511
Fees. To defray administrative costs of processing inspections
under the ordinance a schedule of fees shall be established by
the City Council to be paid by those persons or property being
inspected.
3.252 Authority.
Excluding appellate bodies, the Director of Protective Inspections shall
be the final authority in the determination of a violation.
3.253 Inspection Access.
If any owner, occupant, or other person in charge of a building or
portion thereof fails or refuses to permit free access and entry to the structure
or premises under his control for an inspection pursuant to this Ordinance, the
Director of Protective Inspections may seek a court order authorizing such in-
spection.
- 25 -
3.254 Compliance Order.
Whenever the Director of Protective Inspections determines that any
building or portion thereof or premises fails to meet the provisions of this Ordinance,
he may issue a Compliance Order setting forth the violations of the Ordinance and
ordering the owner, occupant, operator, or agent to correct such violations. This
Compliance Order shall:
3.2541 Be in writing;
3.2542 Describe the location and nature of the violations of this Ordinance;
3.2543 Establish a reasonable time for the correction of such violations;
and
3.2544
Be served upon the owner or his agent or the occupant, as the
case may require, such notice shall be deemed to be properly
served upon such owner or agent, or upon any such occupant,
if a copy thereof is:
A. Served upon him personally, or
B. Sent by registered mail to his last known address, or
Upon failure to effect notice through A and B as set out
in this section, posted at a conspicuous place in or about
the dwelling which is affected by the notice.
3.255 Notice of Violation.
If after the period allowed for compliance has elapsed, the Director of
Protective Inspections determines on the basis of a re-inspection that the violation
has not been corrected, a notice of violation shall be issued summoning the
responsible party into court. This citation shall reiterate the charge and the
Ordinance Section(s) violated.
3.256 Emergency Cases..
When a violation of this Ordinance constitutes an imminent peril to life,
health, or property, the Director of Protective Inspections may require immediate
compliance. When this is the case, no stay of proceedings in furtherance of action
shall be granted on appeal. Situations which constitute an imminent peril to life,
health, or property include, but shall not be limited to, the following:
3.2561
Heating systems that are unsafe due to: burned out or rusted out
heat exchangers (fire box); burned out, or plugged flues; not
being vented; being connected with unsafe gas supplies; or
being incapable of adequately heating the living space.
- 26-
3.2562
Water heaters that are unsafe due to: burned out or rusted out
heat exchangers (fire box); burned out, rusted out, or plugged
flues; not being vented; being connected with unsafe gas
supplies; or lack of temperature and pressure relief valves.
3.2563
Electrical systems that are unsafe due to: dangerous over-
loading; damaged or deteriorated equipment; improperly tapped
or spliced wiring; exposed uninsulated wires; distribution
systems of extension cords or other temporary methods, ungrounded
systems, ungrounded appliances in contact with earth.
3.2564
Plumbing systems that are unsanitary due to: leaking waste
systems fixtures and traps; lack of a water closet; lack of
washing and bathing facilities; or cross connection of pure
water supply with fixtures or sewage lines.
3.2565 Structural systems, walls, chimneys, ceilings, roofs, foundations,
and floor systems, that will not safely carry imposed loads.
3.2566
Refuse, garbage, human waste, decaying vermin or other dead
animals, animal waste, other materials rendering it unsanitary
for human occupancy, including lack of light and air.
3.2567 Infestation of rodents, insects, and other vermin.
3.257 Unfit for Human Occupancy.
3.2571
Declaration: Any building or portion thereof which is damaged,
decayed, dilapidated, insanitary, unsafe, vermin or rodent
infested, or which lacks provision for basic illumination,
ventilation, or sanitary facili!ies to the extent that the defects
create a hazard to the health, safety, or welfare of the occupants
or of the public may be declared unfit for human occupancy.
Whenever any building or portion thereof has been declared
unfit for human occupancy, the Director of Protective Inspections
shall order same vacated within a reasonable time and shall post
a placard on same indicating that it is unfit for human occupancy,
and any operating license previously issued for such building
shall be revoked.
3.2572
Vacated Building: It shall be unlawful for such building or
portion thereof to be used for human occupancy until the de-
fective conditions have been corrected and written approval
has been issued by the Director of Protective Inspections. It
shall be unlawful for any person to deface or remove the
declaration placard from any such building.
-27-
3.2573
Secure Unfit and Vacated Buildings: The owner of any
building or portion thereof which has been declared unfit for
human occupancy, or which is otherwise vacant for a period of
sixty (60) days or more, shall make same safe and secure so
that it is not hazardous to the health, safety, and welfare of the
public and does not constitute a public nuisance. Any vacant
building open at doors or windows, if unguarded, shall be
deemed to be a hazard to the health, safety, and welfare of the
public and a public nuisance within the meaning of this Ordinance.
3.2574
Hazardous Building Declaration: In the event that a dwelling
has been declared unfit for human occupancy and the owner
has not remedied the defects within a prescribed reasonable
time, the building may be declared a hazardous building and
treated consistent with the provisions of Minnesota Statutes, or,
in the alternative, in compliance with Sections 9.40 through
9.47 of the City Code.
3.258 Execution of Compliance Orders by Public Authority.
Upon failure to comply with a compliance order within the time set
therein and no appeal having been taken, or upon failure to comply with a modified
compliance order within the time set therein, the criminal penalty established
hereunder notwithstanding, the City Council may by resolution cause the cited
deficiency to be remedied as set forth in the compliance order. The cost of such
remedy shall be a lien against the subject real estate and may be levied and collected
as a special assessment in the manner provided by Minnesota Statutes.
3.259 Built-In Deficiencies.
Certain specific deficiencies may be deemed to be beyond reasonable
correction by the Director of Protective Inspections. Such deficiencies shall be
limited to the following:
3.2591
Ceiling Heights: Any existing habitable room with less than
a seven (7) foot ceiling height shall be considered a built-in
deficiency which is beyond reasonable correction.
3.2592
Superficial Floor Area. Any existing habitable room of less
than ninety (90) square feet shall be considered a built-in
deficiency and beyond reasonable correction.
3.2593
Natural Light and Ventilation: Any existing habitable room
with window area less than ten percent (10%) of the floor area
shall be considered a built-in deficiency beyond reasonable
correction but in no case shall the required natural light and
ventilation be less than five percent (5%) of the floor area.
- 28 -
3.2594
Security Door Locks: In existing multiple family buildings,
entrance or foyer doors lacking dead-latch type door locks,
as required in Section 3.2336 A of this Ordinance, may be
considered built-in deficiencies.
3.260 A P P E A L S
3.261 Right of Appeal.
When it is alleged by any person to whom a compliance order is directed
that such compliance order is based upon erroneous interpretation of this Ordinance,
such person may appeal the compliance order to the City Council sitting as a Board
of Appeals. Such appeals must be in writing, must specify the grounds for the
appeal, and must be filed with the City Clerk within five (5) business days after
service of the compliance order. The filing of an appeal shall stay all proceedings
in furtherance of the action appealed from, unless such a stay would cause imminent
peril to life, health, or property.
3.262 Board of Appeals Decision.
Upon at least five (5) business days notice to the appellant of the time
and place for hearing the appeal, and within thirty (30) days after said appeal is
filed, the City Council sitting as a Board of Appeals shall hold a hearing thereon.
This Board of Appeals may reverse, modify, or affirm, in whole or in part, the
compliance order and may order return of all or part of the filing fee if the appeal
is upheld.
2.263 Restrictions on Transfer of OwnershiI~.
It shall be unlawful for the owner of any building or portion thereof
upon whom a pending compliance order has been served to sell, transfer, mortgage,
lease, or otherwise dispose thereof to another person until the provisions of the
tag or compliance order have been complied with, unless such owner shall furnish
to the grantee, lessee, or mortgagee a true copy of any notice of violation or com-
pliance order and shall obtain and possess a receipt acknowledging same. Anyone
securing an interest in the building or portion thereof who has received notice
of the existence of a violation tag or compliance order shall be bound by same with-
out further service of notice upon him and shall be liable to all penalties and pro-
cedures provided by this Ordinance.
3.264 Appeals Based on Financial Hardship.
When, by reason of financial hardship, a homeowner is unable to comply
with the provisions of this Ordinance in executing basic and necessary repairs
and maintenance, and said homeowner is eligible for financial assistance for these
purposes in the form of grant or loan from any governmental authority, the City
- 29 -
Council may grant a temporary stay of proceedings to allow for the arrangement
of such assistance. On granting this stay of proceedings, the party will be referred
to the assisting agency or to the City agency administering such an assistance
program for arrangement of such assistance. If, for whatever reason, such
assistance is not forthcoming or its arrangement insuperable, this stay of proceedings
may be terminated. The City Council may elect to execute the compliance order as
provided for in Section 3. 258 of this Ordinance.
3.270 PENALTIES AND SANCTIONS
3. 271 Penalties.
Any person who fails to comply with a compliance order after right of
appeal has expired, and any person who fails to comply with a modified compliance
order within the time set therein, and any person who violates any of the pro-
visions of this Ordinance by doing any act or omitting to do any act which con-
stitutes a breach of any section of this Ordinance, shall, upon conviction thereof,
be punished by a fine not to exceed Five Hundred Dollars ($500) or by imprison-
ment not to exceed ninety days, or both. Each day of such failure to comply shall
constitute a separate punishable offense.
3.272 Alternative Sanctions.
Notwithstanding the availability of the foregoing compliance procedures
and the penalties, whenever the Director of Protective Inspections determines that
any building, accessory structure or premises thereof fails to meet the require-
ments set forth in this Ordinance, the Director of Protective Inspections may issue
a violation tag summoning the responsible person into court or request the issuance
of a criminal complaint and arrest warrant. Further, in the case of commercial
facilities which require licensing and multiple dwellings which require registration,
said licensing or registration may be revoked, or renewal thereof withheld, until
compliance with this Ordinance.
Section 2. This ordinance shall be effective January 1, 1978.
Attest:
Passed by the City Council of the City of New Hope the llth day of July, 1977.
w~]'~. E~iekson, Mayor
' CB~~{liot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 27th day of October, 1977 .)
- 30 -
~ NO. 77-15
~,~.N ORDINANCE D~F INING AND
REGULATING THE
MAINTENANCE
AND OCCUPANCY OF DWELLINGS
IN THE CITY OF NEW HOPE,
MINNESOTA
The City Council of the City of New
Hope ordains:
Section 1. Chapter 3 of the New Hope
City Code is hereby amended by the
addition of the following Sections 3.200
through 3.272.
3.200 DWELLING MAINTENANCE
AND OCCUPANCY CODE
3.201 Title
This Ordinance shall be known,
cited, and referred to as the "New
Hope Dwelling Maintenance and
Occl,-'pancy Code," except as referred
to h~rein, where it shall be
known
as
"thi~,~ Ordinance"
3.202 Purpose.
Tb~ purpose of this Ordinance is to
prolL~t the public health, safety, and
the general welfare of the people of the
City. These general objectives in-
clude, among others, the following:
3.2021 To protect the character and
stability of all areas within the City.
3.2022 To correct aha prevent con-
ditions that aaversel¥ affect or are
likely, to adversely affect the life,
safety, general welfare, and health,
including the physical, mental, and
social well-being of persons oc-
cupying or utilizing structures
within the City.
3.2023 To provide minimum standards
for cooking, heati~g, sanitary
equipment, light, and Ventilation
necessary to health and safety.
3.2024 To prevent the overcrowding of
dwellings by providing minimum
space standards per occupant for
eact~ dwelling unit.
3.2025 To provide minimum standards
for the maintenance of existing
buildings, and to thus prevent
deterioration and blight.
3.2026 To preserve the value of land
and buildings throughout the City.
3.203 Discrimination and Privacy.
inspection and enforcement shall be
oased on the requirements of this
Ordinance only and shall not be used
to diScrlm hate against any person on
any basis not specified in this Or-
dinance. Neither in enacting this
Ordinance is it the intention of the City
Council to interfere or permit in-
terference with legal rights to per-
sonal privacy.
3.204 Right to Livelihood.
The City Council does not, by this
Ordinance, intend to deprive any
person of the right to livelihood, ex-
/~ ceptwhen the pursuit of that livelihood
is liable to be deleterious to the public
health, safety, or general welfare of
the peOple of the City.
3.205 Contractual Relationships.
With respect to rental, lease, or sale
disputes, and except as otherwise
specifically provided in the terms of
this Ordinance, it is not the intention of
the City Council to intrude upon the
fair and accepted contractual
relationship between ter~ant and
landlord Dr between buyer and seller.
The City Council does not intend to
intervene as an advocate of any party,
nor to act as an arbiter, nor to be
receptive fo complaints which ere not
specifically and clearly relevant to the
provisions of this Ordinance, nor. to be
responsible for certification of the
condition of structures, fixtures, or
facilities, except at the time of in-
spection. In the absence of other
relevancy to the provisions of this
Ordinance, it is intended that the
contracting parties exercise such
~gal sanctions as are avaiiaole to
~,,~lem without the intervention or in-
~volvement of City government.
3.206 Applicability.
'2 Every building and ifs premises and
~' any accessory structure thereof, shall
conform fo the requirements of this
Ordinance, irrespective of when such
building may have been constructed,
altered, or repaired, except that no
structure shall be required to exceed
the minimum standards contained in
the Building Code effective and aa-
plicable at the time of its construction.
This Ordinance establishes minimum
standards for erected structures,
accessory structures, and related
premises.
3.207 Separability.
Every section, provision, or part of
this Ordinance is declared separable
from every other section, provision, or
part to the extent that if any section,
dwellings, and multiple-family
dwellings; but not including hotels
and motels.
3.21211 Dwelling Unit ~ single
res dential accommodation Which is
arrangee, designed, used or, if
vacant, intended for use exclusively
as a domicile for one family.
3.21212 Easily Cleanable; Readily
accessible and of such material and
finish and so fabricated and placed
that residue which may accumulate
can De completely removed by
normal cleaning methods.
3.21213 Family: One (]) or more
persons each related to the other by
blood, marriage, adoption, OF foster
care, or a group of not more than
five (5) persons not so related
maintaining a common household in
a dwelling unit.
3.21214 Floor Area: The area incluOed
within the surrounding exterior
walls of a building or portion
thereof,, exclusive of vent shafts and
courts.
3.21215 Flush Water Closet: A toilet,
with a bowl and trap made in one
piece which is connected to the City
water and sewer system or Other
approved water supply and sewer
system.
3.21216 Functioning: A structure or a
part thereof or any fixture or faci ity
required there n n such physical
condition as to safely perform the
service ar services for which if was
designed or intended.
3.21217 Garbage: Putrescible animal
and vegetable wastes resulting from
the handling, preparation, cooking
and consumption of food.
3.21218 Habitable Building: Any
buildng or part thereof that meets
minimum standards for use as ~
home er place of abode ay one (1) or
more persons.
3.21219 Habitable Room: A room or
enclosed floor space used or in-
tended to be used for living,
sleeping, cooking, or eating pur-
~ poses, excluding bathrooms, Water
closet cam partments, laundries,
furnace rooms, pantries, utility
rooms of less then 50 square feet of
floor space, foyers, communicating
corridors, stairways, closets, stor-
age spaces, ane workshops, hobby
and recreation areas in parts of
the structure below ground level
or in a/tics, and unfinished base-
ments or cellars (those without
floor covering, ceiling covering,
wall finish, required ventilation,
required electric outlets and re-
quired exit facilities).
3.21220 Heated Water: Water heated to
a temperature of not less than 120
degrees Fahrenheit, 49 degrees
Centigrade, measured at faucet
outlet.
3.21221 Home Occupation: For the
purposes of this Ordinance, buidings
enclosing and supporting approved
home occupations shall be con-
sidered dwellings rather than
commercial facilities.
3.21222 Insanitary: As applied to a
structure means liable to be a
danger or hazard to the health of
persons occupying erfrequenting it,
or to the public, if such danger
arises from the methods or
materials of construction, or from
equipment installed therein for the
purposes of lighting, heating,
ventilation, or plumbing, or from
existing conditions liable to cagse
rat infestation, vermin infestation,
accumulation of trash or debris in
the building, Yards, or accessory
structure on the premises ~same as
unsanitary).
3.21223 Kitchen: A space which con-
.tains a sink with counter working
space, adequate space for installing
cooking and refrigeration equip-
merit, and adequate space for
storage of cooking utensils.
3.21224 Multiple Family Dwelling: A
building or portion thereof con-
taining three (3) or more dwelling
units.
3.21225 Multiple Occupancy: The
occupancy of a building that sup-
ports, shelters, or encloses more
than one (1) distinct and separate
use, including multiple dwelling
units, multiple commercial
operations, or any combination of
these or other uses.
3.21226 Non-Public Areas: Those areas
n a non-residential facility which
are not normally occupied by the
?~e_n_e_ral. P. ublic or non-employees, or
equipment, and strucl:ural elements
such that depreciation of these ob-
jects add materials ~ due;to th~ir.'i
age end normal wear through use;
rather than due to neglect.
3.21242 Refuse: Ali putresc nd
~np~
cludlr
Unit: A dwelling or dwelling unit
for rent or lease.
3.21'244 Rental Non-Residential
Facility: A 'non-residential facility
let for rent or, lease. ~.
.3.21245 Repair: To restore to a sound
and acceptable state of operation;
serviceability, or appearance inthe
determination of the. Director of
Protective Inspect OhS:
3.21246 Rodent Harborage: Any ~
where rodents are liable to
nest, or seek shelter.
3.21247 Rooming House. A 'building
other than a hotel where
pensati0n for defintie
lodging is provided for persons not
of the orincipal family, but net in-
cluding a building provid ng this
service for more than ten (10)
persons.
3.2]248 Rooming Unit: Any room or
group of rooms forming a single
habitable unit used or intended to be
used for living and sleeping but not
for cook ng end. eating Purposes: '
3.21249 Rubbish: NonputrescJble solid
wastes (excluding ashes) consisting
of both combustible and
combustible wastes, such as
cardboard, tin cans, y
wood, glass, brick, pla
crockery, and similar materials,
3.21250 Safe: The condition of being
reasonably free from danger and
hazards which may cause accidents
or disease.
3.21251 SBC: The State Building Code
as adopted by the State of .Min-
nesota~
3.21252 Sign: Any writing (in~:luding
letters, worcls, or numerals), p c-
forial representation (including
illustrations or decdrations); em-
blem (including devices, symbo s,
or .trademarks~, flag, banner,
streamer, pennant, string of lights,
or display designed to attract the
attention of the publ
attached to
or in any other manneK represented . .
on a building orother structure or on
the ground.
3.21253 Substandard Building: Any
dwelling or non-resident a facility
which does not conform to the
~inimum standards establ shed by
City Ordinances.
3.21254 Supplied: Paid for, furnished
by, provided by, or under, the control
of the owner, operator, or agent.of a
building or portion thereof.
3.21255 Structure: Anything erected,
the use of which requires more or
less permanent location on the
ground; or attached to something
having a permanent location on the
ground.
3.21256: Unsafe: As applied to a
structure is a condition or com-
bination of conditions, labia to be a
danger or hazard to the life, safety,
or health of persons occupying it or
frequentingit oral the public and in .
danger of settlement movement,
dis ntegration, combustion, or
collapse, Whether such danger
arises from the method or materi~ls
of its construction or from equip-
ment installed therein for the
purposes of lighting, heating, the
transmission or utilization of
electrical power, or from ob-
solescence or deterioration, or from
its location or otherwise.
3.21257 Use: The purpose or activity
for which the land or building there-
on is designated, arranged, Or in-
tended,.or for which it is occupied,
utiiizeu, or maintained, and. shall in-
clude the performance of such ac-
tivity as defined-by the performance
standards of this Ordinance.
3.220 RESPONSl BILITIE$ OF -
OWNERS AND OCCUPANTS sanit,
(The division and assignment of
responsibilities set forth herein shall
be observe~f, by the DirectOr of
Protective Inspections in the' em
forcement of this Ordinance, except
when contradicted by a contractual'
agreement, in force at the time.of the
determination of a violation, clearly
and spec fcaily assigrHng and
divid ng these respoosibilities ina
different manner,) .
build
reasonabi
of The
equivalent
lance each
unity which
late matter
has at
:irculation
local post-
s and main-
immediately
~st two years
of State of
newspaper
~ed therein in
copy of t~e
)e used in
ORDINANCE 77- ]6
AN ORDINANCE AMENDING SECTION 1.41
OF THE CITY CODE RELATING TO FINE
AND IMPRISONMENT.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 1.41 of the City Code Fine and Imprisonment,
is hereby amended to read as follows:
1.41 Fine and Imprisonment.
Subd. (1) Fine.
Any person violating any of the provisions of the
City Code of New Hope shall be guilty of a mis-
demeanor and upon conviction thereof shall be
punished by a fine of not more than Five Hundred
Dollars ($500), or by imprisonment for not to
exceed 90 days, or both; provided, however,
that if a different punishment be prescribed
for violation of a specific portion of this Code;
such provisions shall govern the punishment for
such violations.
Section 2. This ordinance shall be effective from and after its
passage and publication.
Passed by the City Council of the City of New Hope the ~
of August, 1977.
Attest:
22nd day
~ouliot, Clerk Treasurer
(Published in the New Hope-Plymouth Post the 1st day of September , 1977.
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENN~'-PIN
~. C. L". '.c;;;'.t, being duly sworn, on oath says he is and during ell the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
NEW [IOPE-PLYMOUTtl POST
and has fu I I 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
(TI'lES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of said newspaper Or persons in its employ and subiect to his direction and control during ali
such regular hours and at which time said newspaper is printed. (5) 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, tg~ 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 note ry public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed ...~t ...... ~?'~/~? ...............................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the~English [engueg e, once each week, for../., successive weeks; that it was first so pu blished on~/~~--
the. ·/~eY of. ~~.~. and wes thereafter printed and published on every .....................
fo and including the .......... day of ........................ 19 ...... and that the following is e printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--SV2 pt. Sans
Subscribed and sworn to before
meth ~"~'~ '///~ ~J~/ ~/" ....
..............................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
:
RESOLUTION TEMPORARILY EXTENDING RESTRICTIONS
ON THE DEVELOPMENT AND CONSTRUCTION OF MULTIPLE
RESIDENCE DEVELOPMENT IN THE CITY OF NEW HOPE
PENDING APPROVAL OF THE COMPREHENSIVE PLAN, AND
ENACTING ORDINANCE 77-] 7 TO ACCOMPLISH THE SAME.
WHEREAS, in the discharge of its responsibilities as the Planning Agency
of the City of New Hope under the provisions of Minnesota Statutes § 462.351 to
462.364, the Planning Commission of the City in conjunction with its professional
planning consultant, Midwest Planning & Research, Inc., and the City Manager,
has been reviewing the existing Comprehensive Zoning Plan of the City in its
entirety since the 19th day of August, 1975, and
WHEREAS, this Council did pass Ordinance 77-6, An Interim Ordinance
Restricting the Issuance of Building Permits and the Acceptance of Applications
for Multiple Residential Developments, and an accompanying Resolution, and
WHEREAS, the conditions and considerations set forth in said Resolution
are still currently true, and
WHEREAS, the City Council is nearing completion of its review of the
proposed Comprehensive Plan, with any proposed amendments thereto, but is in
need of reasonable additional time to study the further development of MR
dwellings;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
New Hope:
That pursuant to the provisions of Minnesota Statute § 462. 355 (4),
this Council does hereby enact an extension of Interim Ordinance 77-6, codified
as Section 3.15 (1).
ORDINANCE NO. 77-/?
AN INTERIM ORDINANCE EXTENDING THE
RESTRICTIONS ON THE ISSUANCE OF BUILDING
PERMITS AND THE ACCEPTANCE OF APPLICATIONS
FOR MULTIPLE RESIDENTIAL DEVELOPMENTS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 3.15 (1) MR Permits, Suspension, is hereby amended
to read as follows:
Subd. (1) MR Permits, Suspension.
No building permit shall be issued before Decer~ber ll, 1977
for the construction of multiple residence (MR) units which have not
heretofore been approved for construction by the City Council. This
expiration date is subject to revision upon approval by the City Council
of either its existing Comprehensive Zoning Plan after completion of the
review of same, or upon the adoption of a new Comprehensive Zoning
Plan by the City Council.
Section 2. This ordinance shall be effective upon its passage and
publication.
Passed by the City Council of the City of New Hope the
SEPTEMBER , 1977.
12th day of
Attest:
Ed~d J Erickson, Mayor
~~liot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 22 day of September , 1977.)
NEW IlOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STAT~.. OF MII~I~-~OT~
tSS.
ET-. CT-L-'t'tm'aOT1, 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 IIOPE-PI~YMOUTII 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
('ITIES OF NEW IlOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of sul~scriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with ell the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 19~ and each January 1 thereafter en 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.,. ~. ??~.~4t~:. ~'~ ..... ~. ~', ./i 7'~ ........................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the. ~j.'.c~?.. d~'~"y"~(ay of~..~-~.~:~'..'~-~-~:.~9.?. ~. and WaS t hereaft er printed and pu blished on ever y .....................
to and including the .......... day of ....................... 19 ...... and that fhe 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 o,~ said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--SV2 pt. Sans
Subscribed and sworn to before
..................................................
(NO-rARIAL SEAL)
Nofary Public ............................ ~..untt. i^inne~'e
My Commission Expires ............................ 19 ......
ORDINANCE NO. 77- ] 8
AN ORDINANCE AMENDING SECTIONS 4.105 (6)
AND 4.109 (4) OF THE CITY CODE BY REZONING
A PORTION OF A PARCEL FROM RB TO TR.
(SAMBO - KROGNESS)
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 4.105 (Retail Business Districts), Subd. (6), of
the City Code is hereby amended by reducing the size of the parcel heretofore
zoned Retail Business, to read as follows:
(6)
The North 174 feet of Lot 41 and the North 174 feet of Lot 42
lying West of the East 495 feet of said Lot 42, all in "Auditor's
Subdivision Number 226, Hennepin County, Minnesota",
according to the plat thereof on file or of record in the office
of the Register of Deeds in and for said Hennepin County.
(This parcel is subject to road easement over the North 7 feet,
West 30 feet and East 60 feet thereof.)
Section 2. Section 4.109 (Townhouse Residence Districts) is amended
by the addition of Subd. (4) (formerly zoned RB) as follows:
(4)
That part of Lot 41 lying South of the North 174 feet thereof
and North of "Murray Lane Fifth Addition" and that part of
Lot 42 lying West of the East 495 feet thereof, South of the
North 174 feet thereof and North of "Murray Lane Fifth
Addition", all in "Auditor's Subdivision Number 226, Hennepin
County, Minnesota", according to the plat thereof on file or of
record in the office of the Register of Deeds in and for said
Hennepin County.
(This parcel is subject to road easement over the West 30 feet
and East 60 feet thereof.)
Section 3. Effective Date. 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
October , 1977.
~~iayor
Attest:
B~~li~)t, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 3rd day of November , 1977.)
-2-
NEW IlOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINI~'~-~OTA
COUNTY OF
tSS.
."E~S_. L~H_~r==I,, 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 tlOPE-PLYMOUTtl 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 ~00 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
curreetly 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 IlOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy Of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1,196~ and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of sa id newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed. · · · .~./..~ ~- (: · .~..'.. ~.~ ~'./.F ...........................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'English language, once each week, for../.., successive weeks; that ,twas
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 publlcation of said notice, fo wit:
abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans
Subscribed and sworn to before
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77- ]9
AN ORDINANCE AMENDING CHAPTER 3
OF THE CITY CODE BY ESTABLISHING
FEES FOR INSPECTION UNDER THE
DWELLING MAINTENANCE AND OCCUPANCY CODE.
CITY OF NEW HOPE, MINNESOTA
The City Council of the City of New Hope ordains:
Section 1. Section 3.2511, "Fees" of the City Code is amended in its entirety
to read as follows:
3.2511
Fees. A fee of $25.00 shall be payable for an inspection of
a single family dwelling unit under Section 3.251, plus
$15.00 for each additional unit for duplex and larger multiple
units. A single fee shall be due and payable for any inspection
and its subsequent, directly related inspection or enforce-
ment action. A continuing violation in excess of 10 days
shall be considered a new violation for the purpose of establish-
ing fees, if inspection is required.
Section 2. This ordinance shall be effective January 1, 1978.
Passed by the City Council of the City of New Hope the
October , 1977.
24th day of
Attest:
~ / - Edw. ~. E~ricksOn, Mayor
Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 3rd day of November , 1977.
NEW llOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA.
COUNTY OF HENNEPIN
SS.
~. C. L'.~:cr=ui'r, being duly sworn, on oath says he is end during all the times herein stated has been the President of The
Post Publishing Co., publisher and printer of the newspaper known as
XI~:W IIOPE-PLYMOUTlt POST
and has fu 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 ~00 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
('ITIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and et which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for af 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(. f~' .......................................
hereto attached as a part hereof was cut from ,he columns of said newspaper, and was printed and published ,herein in
the.. ~ ..... day o,./../.~...'~'g.. ~(../and was thereafter printed and publ,shed on every .....................
to and including the .......... day of ........................ 19 ...... and ,ha, the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and sworn to before
-. ..................... ay of.
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77- 20
AN ORDINANCE AMENDING SECTION 3.200
OF THE CITY CODE, ENTITLED
"FIRE SUPPRESSION PERMIT FEES"
BY RENUMBERING THE SAME TO 3.300
THROUGH 3. 304
CITY OF NEW HOPE, MINNESOTA
The City Council of the City of New Hope ordains:
Section 1. Section 3.200 through 3. 204 entitled "Fire Suppression Permits"
is hereby amended by changing the numbers of said section to 3. 300 through
3. 304 inclusive.
Section 2.. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope the 24th day of
October, 1977.
/Edw. J~i~kson, Mayor
Attest:
B~~o~, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 27th day of October, 1977.)
NEW IlOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ISS.
E. C~'- '.~.cr~,~Lt~ 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
XEW IIOPE-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
CITIE~ OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all
such regular hours and at which time said newspaper is printed. (6] Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 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
~s a legal newspaper.
He,urthar states on oath that the printed...(~.:.. ~/~.~......~.~ .-..~.~.0.. ..... .'~ t:...~ .....
.........
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'English language, once each week, for.. /. successive weeks; that it was first so published on k~7~~
the..c~.~.., day o,..~~ .. 19~.'~. and was thereafter printed and published on, very .....................
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--5u2 pt. Sans
Subscribed and sworn to before
m - ....... of.. 2 ........... A.O.,
(NOTARIAL SEAL~'
My Commission Expires .............................. 19 ..... . * [ :'
~ ,
ORDINANCE NO. 77-21
AN ORDINANCE AMENDING CHAPTER 10 OF THE
CITY CODE REGULATING THE SALE AND CONSUMPTION
OF INTOXICATING LIQUORS AND NON-INTOXICATING
MALT LIQUORS IN THE CITY OF NEW HOPE.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. The "Intoxicating Liquors" section of the City Code, Section
10.01, Definitions, is hereby amended by changing the number of Subd. (4),
Off-Sale, to Subd. (6), and by the amendment of Subd. (3) and by the
addition of Subds. (4), (5), (6), and (7) as follows:
Subd. (3) On-Sale.
"On-Sale": Sale of liquor by the glass or by the drink for
consumption in the dispensary (if any) or in a licensed on-sale
establishment. The term "on-sale" includes either or both of
the terms "on-sale, restaurant" or "on-sale, tavern".
Subd. (4) On-Sale, Restaurant.
"On-Sale, Restaurant": Sale of liquor by the glass or by
the drink for consumption in a restaurant or hotel.
Subd. (5) On-Sale, Tavern.
"On-Sale, Tavern": Sale of liquor by the glass or by the drink
in a liquor establishment used exclusively for the sale of intoxicating
liquor at retail, and under the control of an individual owner or
manager. As an incident thereof, such establishment may also
sell ice, all forms of tobacco, non-intoxicating malt beverages and
soft drinks at retail. It shall not include a restaurant, but may
sell food for consumption on the premises, not prepared on the
premises. No dancing or live entertainment is permitted.
Subd. (6) Off-Sale.
"Off-Sale": Retail sale of liquor in original packages in
retail stores for consumption away from the premises where sold.
Subd. (7) Exclusive Li(]uor Store, Off-Sale.
"Exclusive Liquor Store, Off-Sale": An off-sale establishment
used exclusively for the sale of intoxicating liquor at retail, and
under the control of an individual owner or manager. As an in-
cident thereof, such establishment may also sell ice, all forms of
tobacco, non-intoxicating malt beverages and soft drinks at retail.
No food shall be sold, unless the establishment also has an "On-Sale,
Tavern" license, in which case the establishment may also sell all
of those items authorized for an "On-Sale, Tavern" license.
Section 2. Section 10.41, License Required, of the City Code is amended
in its entirety to read as follows:
10.41 Limitation and Number of Licenses and Requirement Therefor.
10.411
10.412
10.413
~10.414
10.415
10.416
Number of On-Sale Licenses. The maximum number of on-sale
licenses which shall be issued by the City is three (3), whether
"On-Sale, Restaurant", "On-Sale, Tavern", or any combination
thereof.
Number of Off-Sale Licenses. The maximum number of off-sale
licenses which shall be issued by the City is three (3).
No person, except wholesalers or manufacturers to the extent
authorized under State License, shall directly or indirectly
deal in, sell, or keep for sale any intoxicating liquor as defined
in Section 10.01, Subd. (1), without first having received a
license to do so as provided in this ordinance.
Licenses shall be of four kinds: "On-Sale, Restaurant", On-Sale,
Tavern", "Off-Sale", and a "Special License for Sunday Liquor
Sales".
"On-Sale, Restaurant" licenses shall be issued only to hotels
and restaurants.
"On-Sale, Tavern" licenses shall be issued only to an exclusive
liquor store used as an on-sale establishment for the sale of
intoxicating liquor at retail as defined in Section 10.01, Subd.
(5). No on-sale tavern license issued by the City shall take
effect until the provisions of 10.02 through 10.08 of this Code
pertaining to the municipal liquor dispensary are repealed.
-2-
10.417
"Special License for Sunday Liquor Sales" shall be issued
only to establishments to which "on-sale" licenses have been
issued or hereafter may be issued for the sale of intoxicating
liquors, which establishments are "hotels", "restaurants", or
clubs as defined in this chapter in conjunction with the serving
of food.
10.418
"Off-Sale" licenses shall be issued only to "exclusive liquor
stores, off-sale" as defined herein. An off-sale license may be
issued to the holder of an "On-Sale, Tavern" license if, in the
judgment of the City Council, the physical facilities of the
establishment are suitable for the combined on-sale and off-sale
operation.
Section 3. Section 10.47, License Fee, Subds. (1), (7), and (8)are
amended in their entirety to read as follows:
10.47 License Fee.
Subd. (1)
The annual license fees for intoxicating liquors shall be as
follows:
On-Sale, Restaurant
On-Sale, Tavern
Off-Sale
Special License for Sunday Liquor Sales
$5,000.00
$5,000.00
$ 200.00
$ 2oo.o0
Subd. (7)
At the time of each original application for a license, except
in the case of a "Special License for Sunday Liquor Sales", and
except as provided in Subd. (5) of this Section, the applicant
shall pay an intitial investigation fee of $250 to cover the costs of
verifying whether or not such person is ineligible for a license as
provided in Section 10.49 (1-4) of this Code. No part of this fee
shall be refundable. Upon verification that such person is eligible,
within 21 days of the date of the application, the applicant shall
pay an additional $250 for the completion of the investigation to
determine whether or not a license shall be issued. If investigation
is required outside the State of Minnesota, the applicant shall be
charged the actual cost of such investigation, not to exceed $10,000.
-3-
Subd. (8)
At any time that an additional investigation is required be-
cause of a change in the ownership or control of a corporation or
because of an enlargement, alteration, or extension of premises
previously licensed, or because of a transfer from place to place,
which transfer comes within the exception expressed in Subd. (5)
of this Section, the licensee shall pay an additional investigating
fee in the amount of $500, which shall not be refundable except
to the extent that the City does not incur investigating costs in a
like amount, in which case the balance, as determined by the
City Manager, shall be refundable. If investigation is required
outside the State of Minnesota, the applicant shall be charged the
actual cost of such investigation, not to exceed $10,000.
Section 4. Section 10.48 of the City Code, Granting of Licenses, is
amended by the addition of the following Subd. (7):
Subd. (7)
Off-Sale licenses that are approved by the Council shall not
be effective until approved, together with the bond, by the
Minnesota State Liquor Commissioner.
Section 5. Section 10.49 of the City Code, Person Ineligible for License,
Subd. (2), is hereby amended as follows:
Subd. (2)
Who is directly or indirectly interested in any other establish-
ment in the City of New Hope to which an intoxicating liquor license
has been issued under this ordinance. No person shall own an
interest, as defined in Section 10.01, Subd. (11), in more than one
establishment or business for which an intoxicating liquor license
has been granted under this ordinance; no intoxicating liquor
license shall be granted to any person if such person or any person
who owns an interest in the establishment or business for which an
intoxicating liquor license application is being filed owns an
interest in a business or establishment licensed under this ordinance.
Section 6. Section 10.49 of the City Code, Person Ineligible for License,
Subd. (5), is amended as to the first line thereof, which shall read as follows:
An intoxicating liquor license will not be renewed if:
-4-
Section 6a. Section 10.412, renumbered by this ordinance to 10.51,
captioned Conditions of License, is amended by repealing Subd. (4) in its
entirety.
Section 7. Section 10.413, renumbered by this ordinance to 10.52, captioned
Restricted Hours of Operation, is hereby amended by the addition thereto of
the following paragraph C:
Restricted hours of operation for off-sale establishments shall be
as follows:
Any day
No off-sale before 8 A .M. or after
10 P .M. of any day.
Sunday No sales.
Monday through Friday
Only between 8 A.M. and 8 P .M.
Saturday
Only between 8 A.M. and 10 P .M.
New Year's Day, January 1
Independence Day, July 4
Thanksgiving Day
Christmas Day, December 25
Christmas Eve, December 24
No off-sales on these days, but
on the evenings preceding these
days, if the sale of liquor is not
otherwise prohibited on such
evenings, off-sales may be made
until 10 P .M., except
No off-sale after 8 P .M.
Days of statewide elections
No off-sales between i A.M. and 8 P .M.
Section 8. Section 10.418, renumbered by this ordinance to 10.57, captioned
Licensing of Employees, is amended by adding to the first paragraph of Subd. (1)
at the end thereof, the following:
Subd. (1)
· . No person shall make off-sale deliveries of intoxicating
liquor unless such person has obtained a license as an employee·
Section 9. Sections 10.411 through 10.421 as heretofore numbered are
hereby changed to 10.50 through 10.60, as follows:
-5-
Old No. Title New No.
10.411 Places Ineligible for License 10.50
10. 412 Conditions of License 10.51
10.413 Restricted Hours of Operation 10.52
10.414 Public Character of Liquor Sales 10.53
10. 415 Restrictions Involving Minors 10.54
10. 416 Bond 10.55
10.417 Suspension and Revocation 10.56
10.418 Licensing of Employees 10.57
10.419 Penalty 10.58
10.420 Enlargement, Alterations or Extension
of Premises 10.59
10.421 State Statutes Incorporated by Reference 10.60
Section 10. Sections 10.50 through 10.58, as heretofore numbered
(pertaining to wine licenses) are hereby changed to 10.70 through 10.78 as
follows:
Old No. Title New No.
10.50 Wine Licenses 10.70
10.51 Definitions 10.71
10.52 License Required 10.72
10.53 Application Required 10.73
10.54 Investigation and Granting of Licenses 10.74
10.55 Renewal Licenses 10.75
10.56 Sunday Sales 10.76
10.57 Fees 10.77
10.58 Applicability of Other Provisions of this
Chapter
10.78
Section 11. Section 10.419, renumbered to Section 10.58 by this ordinance,
captioned Penalty, is hereby amended to read as follows:
10.58 Penalty.
Any person violating any provisions of this ordinance is guilty
of a misdemeanor and upon conviction may be punished by a fine of not
more than $500 or imprisonment for not more than 90 days, or both.
Section 12. Effective Date. This ordinance shall be effective from and
after its passage and publication.
-6-
Passed by the City Council of the City of New Hope the 24th day of
October
, 1977.
Attest:
Mayor
~ e~iliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the ]st day of December , 1977.)
7
ORDINANCE NO. 77-21 '~
AN'ORDINANCE AMENDING
CHAPTER 10 OF TH E CITY CODE
REGULATING THE SALE AND
CONSUMPTION OF INTOXICATING
LIQUORS AND
NON-INTOXICATiNG MALT
LIQUORS
iN TN~'CiTY OF NEW HOPE.
City~of~ New Hope, Minnesota
The City Cc~u~lcJl of the City of New
Hope ordains:
Section 1:~ The "Intoxicating
Liquors" ~ection of the City Code,
Section 10.01, Definitions, is hereby
amended I~y changing the number of
Subd. (4), Off-Sale, to Subd. (6), and
by the amei3dment of Subd. (3) and by
the additiod of Subds. (4), (5), (6), and
(7) as follows:
Subd. (3) On-Sale.
"On-Sale": Sale of liquor by the
glass or by the drink for con-
sumption in the dispensary (if any)
or in a licensed on-sale establish-
ment. The term "on-sale" includes
either or both of the terms "on-sale,
restaurant" or "on-sale, .tavern."
Subd. (4) On-Sale, Restaurant.
"On-Sale, Restaurant": Sale of
liquor by the glass or by the dr ink for
consumption in a restaurant or
hotel.
Subd. (S) O~-.~ale, Tavern.
"On*Sale~"T~verh"? Sale of liquor by
the gl~s or bY the drink in a liquor
establis~eGt used exclusively for
the sale'~ intoxicating-liquor at
ret~l~ and~under the control of an
individual OWner or manager. As an
incident thereof, such establishment
may ~also sell ice~ all forms of
fob-taco, non-intOXicating~ malt
beverages and soft drinks at retail.
It shall not 'include a restaurant, but
may sell food for con~umpfib~ on the
premises, not p[eper.[~l ,on the
prerdise~s, No danc~n~;~'~r live en-
tertainment is permitted.
SulX[. (6) Off-Sale:
"Off-~ale": Retail sale.of liquor in
original packages in retail stores for
,consumption away from -the
premises where sold.
Subd. (7) Exclusive Li~luur store,
Off-Sale.
"Exclusive Liquor Store, Off-Sale":
An blt:sale establishment used
exclusively for the sale of
toxicating liquor at retail, and under'
· the control of an individual ortner or
roaring/er As an incident thereof,
such estab ishment may also sell
ice, all forms of tobacco, non-
intoxicatipg melt beverages and soft
drinks at'retail. No foocr shall be
sold, unless thee establish[:ne~t
has an "On-Sal~, Tavern" license, in
which case the ..es~ tablishment may
also sell all Of tb0se items authorized'
for an'"On*Sale, Tavern' licen~~
Sectio~ 2. S'e'Cfion 10.41, Licens~
~Req~ired, of the City Code, is amended
~"its entil~e,~I¢ read as follows:
3~41 Limi'fation and number of
~ ~'i¢~n~e~ . and Requirement
~11:~4it 'NtJ~!ber of On-Sale LicenSes.
t CTff~ maximum number of
i~ense5 which shall be issued by the
Ctty is three (3), whether "On-Sale,
Restaurant," "On Sale, Tavern," or
any combination thereof.
10.412 Number ef Off-Sale Licenses.
The maximum number of Off..sole
~ 'licenseS which shall be issued by the
City is three (3).
10.413 NO person except wholesalers
or manufacturers to the extent
autl~i'~ed ' under State License,
shall directl V or indirectly' deal in,
~ell, or Keep for sale any intoxicat-
ing liquor as defined in Section 10.01,
i.Subd. (1), without firs~~ having
.!1~)~4 Lice'~Ses shall-be of four.kinds:
"On-Sale, Restaurant ' On*Sale,
· Tavern," "Off-Saie," and a "Special
License for Sunday Liquor Sales."
10.415 "on-Sale, Restaurant" licenses
shall be issued only to hotels anti
restaurants.
10.416 "On-Sale, Tavern" licenses
shall be issued only to an exclusive
liquor store used as an on-sole
establishment for the sale of in*
toxicating liquor at retail as defined
in Section 10.01, Subd. (5). No on-
sale tavern license issued by the City
shall take effect until the provisions
of 10.02 through t0.08 of this Code
pertaining to the municipal' liquor
dispensary are repealed.
10.417 "Special License for Sunday
Liquor Sales" shall be issued only to
establishments to which "on-sole"
licenses have been issued or
hereafter may be issued for the sale
of intoxicating liquors, which
establishments are "hotels,"
"restaurants," or clubs as defined in
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA t SS.
COUNTY OF HENNEPIN
~. C.~'.U. cr~k~t, 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 IlOPE-PLYMOUTH POST
and has full knowledge Of the facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least ~0 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newsppper 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 llOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of sa id newspaper or persons in its employ and subject to h is direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper fileSra 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 th.e form prescribed by the Secretary of
.State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed... ~-~.: .T'~.:...~7: ?~../. .........................................
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.. ~. ~Y of/~'~'~'~.~'~i9~ ~. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ ~9 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--5~/2 pt. Sans
Subscribed and sworn to before
me,h,s .......
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77- 22
AN ORDINANCE AMENDING SECTION 4.103
OF THE CITY CODE BY AMENDING THE
EXTENT OF THE MR DISTRICT
(RE: JORGENSON 1ST ADDITION).
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 4.103 of the City Code is amended by the addition
of the following premises to the MR classification:
(45) Lots 1 through 5, Jorgenson 1st Addition.
Section 2. This ordinance shall be effective from and after its passage
and publication.
Passed by the City Council of the City of New Hope this 28th day of
November , 1977.
AtteSt~reasurer
(Published in the New Hope-Plymouth Post the ]gth day of January', ]978.)
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
E. C. ".u.~.-:'-~.t, 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 llOPE-PLYMOUTIt POST
and has full knowledge of the facts herein stated as follows:
(1) Said newspaper is printed in the I=nglish languege 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 end 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 Jt purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more then three months in arrears end has entry as second-class matter in its local post-
office. (5) Said newspaper purports to serve the
CITIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main.
rained by the menaging 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 · 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 end each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of se id newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
Ne further states on oath that the printed...~-~.L. ~'~'..: .'~?~c~ ..........................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
th e"Engllsh language, once each week, for.../., successive weeks; that it was first so published on~
the .......... y of ..... 19. .. and was thereafter printed and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and sworn to before
me this ........ ~(~...."~..... day
· .......................................................
(NOTARIAL SEAL)
Notary Public, .............................. County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77-23
AN INTERIM ORDINANCE FURTHER EXTENDING
THE RESTRICTIONS ON THE ISSUANCE OF
BUILDING PERMITS AND THE ACCEPTANCE OF
APPLICATIONS FOR MULTIPLE RESIDENTIAL
DEVELOPMENTS.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 3.15 (1) MR Permits, Suspension, is hereby amended
to read as follows:
Subd. (1) MR Permits, Suspension.
No building permit shall be issued before March 28, 1978
for the construction of multiple residence (MR) units which have not
heretofore been approved for construction by the City Council. This
expiration date is subject to revision upon approval by the City Council
of either its existing Comprehensive Zoning Plan after completion of the
review of same, or upon the adoption of a new Comprehensive Zoning
Plan by the City Council.
Section 2. This ordinance shall be effective upon its passage and
publication.
Passed by the City Council of the City of New Hope the 12th day of
December, 1977.
~. ~~ /~/ Edw~d J. Erickson, Mayor
Attest:
~/~
~-B-~/~o~uliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 22nd day of December, 1977.)
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ~ SS.
COUNTY OF HENNEPIN t
, 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
XE~V IIOPE-PLYMOUTlt 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
('[TIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 19~ and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed...~'~.L · · .'~...~.: · .~-~'~ .............................................
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. Z.. successive weeks; that itwas first so published o~'~~._~
the.~.../., d~ayday of Z~~97.~. 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--5 ~ pt. Sans
Subscribed and sworn to before
metb,s ........ .dayof.Zg D.,
[NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77- 24
AN ORDINANCE ADDING SECTION 2.610 TO THE CITY
CODE ESTABLISHING CERTAIN REQUIREMENTS FOR
A HOUSING AND REDEVELOPMENT AUTHORITY FOR
THE CITY OF NEW HOPE, MINNESOTA.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Sections 2.610 through 2.615 of the City Code of New Hope,
Minnesota are hereby enacted, to read as follows:
2.610
HOUSING AND REDEVELOPMENT
AUTHORITY
2.611 Purpose. The purpose of this section is to provide rules and
regulations for the operation of the New Hope Housing and Redevelopment
Authority.
2.612 Short Title. The New Hope Housing and Redevelopment
Authority may be referred to as the New Hope HRA, or the HRA.
2.613 Composition and Terms. The Commissioners of the HRA shall
be appointed by the Mayor, whether original appointments or vacancies.
2.6131
Each member of the City Council shall be appointed
as a Commissioner of the HRA for a period coinciding
with the unexpired term of the Council person.
2.6132
The term of office of any Commissioner shall terminate
upon the Commissioner ceasing to be a member of the
City Council for any reason.
2.614 Compensation. Each Commissioner shall be entitled to receive
necessary expenses, including traveling expenses, incurred in the performance
of his duties and shall be paid $25 for each regular or special meeting attended,
not to exceed $1,500 per annum.
2.615 Statutory Provisions. The statutory provisions of Minnesota
Statute § 462. 415, et seq., as amended from time to time shall govern the actions
and operation of the Housing and Redevelopment Authority.
Section 2. Effective Date. This ordinance shall be effective from and
after its passage and publication.
Passed by the City Council of the City of New Hope the 12th day of
December , 1977.
Attest:
// Ed~/J ~ EricSson, Mayor
ouliot, Clerk-Treasurer
(Published in the New Hope-Plymouth Post the 22ndday of December , 1977.)
-2-
NEW IIOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENHEPIN
SS.
4~. C. '-'H-~r='-'!~*, 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 IlOPE-PLYMOLTTtt 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
curreetly 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
('ITIES OF NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the printed ..... ~'~ ~'.....'~../~..'...~ .?'. P~ ~ .....................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the~English language, once each week, for../., successive weeks; that it was first so published on '~~~
the ........ 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--5 2 pt. Sans
Subscribed and sworn to before
me this ........ ..~..~...~day of..~.,~., 19.?..?.
....................................................
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
My Commission Expires .............................. 19 ......
ORDINANCE NO. 77- 25
AN ORDINANCE AMENDING SECTION 5.168 (WATER
METERS) OF THE NEW HOPE CITY CODE BY PROVIDING
FOR REPLACEMENT METERS AND REMOTE METER
READING REGISTERS AND AMENDING SECTIONS 5.52
AND 5. 169 OF THE CITY CODE BY REVISING SEWER
AND WATER RATES.
City of New Hope, Minnesota
The City Council of the City of New Hope ordains:
Section 1. Section 5.168, Meters (Water), is amended by amending
Subd. (1), Water to be Metered, in its entirety to read as follows:
Subd. (1) Water to be Metered.
No water shall be furnished to any consumer from the
municipal water system unless the same is measured by a meter,
except by special permission of the Council. A request for service
from the municipal water system is deemed to include permission
to authorized municipal personnel to enter upon the premises to
be served at all reasonable times and places for the purpose of
reading meters to determine water usage. Refusal to permit
access to any premises for the purpose of reading a water meter,
after reasonable demand, shall be deemed grounds for cancellation
of the agreement of the City to provide water to the premises, and
the water supply may be shut off on 20 days notice to the record
owner and to the occupant. Such an order to shut off the water
supply may be appealed to the City Council at its next regular
or special meeting for review as to the reasonableness of the order.
Meter reading as referred to herein includes the meter itself, or
any remote meter reading register which has been installed.
Section 2. Section 5.168, Subd. (2), Installation, Ownership and
Control, is hereby amended by the addition at the end of the existing Subd.
(2) of the following language:
"Replacement meters shall be furnished by the City to users
of the water system on the same cost basis as new meters.
Upon request of the user, the cost of such replacement shall
be divided in four parts, and be billed quarterly with the
regular water bill, at no interest."
Section 3. Section 5.168, Subd. (3), Meter Requirements, is hereby
amended in its entirety by repealing the existing Subd. (3) and substituting
the following:
Subd. (3) Remote Meter Reading Registers.
(a)
It is the policy of the City to require remote water meter
reading registers on all premises not regularly and readily
available and open in such a manner as to permit reading
of the inside water meter by authorized City personnel.
(b)
Remote meter reading registers shall be supplied by the
City to City specifications on the same cost basis specified
in Subd. (1) herein for meters. Upon request of the user,
the cost of such equipment shall be divided in four parts,
and shall be billed quarterly with the regular water bill.
(c)
Installation of remote meter reading registers shall be
performed by authorized City personnal at no charge to
the user, provided, however, that at the option of the user,
the user may install the necessary wiring between the
water meter and the remote register. In all cases, connection
of the remote register and the water meter shall be performed
by the City.
(d)
The location of the remote register on the exterior of a
building shall be near an existing electric or gas meter
in such a location as to minimize any potential unsightly
aspects of the installation. If the user and the Public Works
Department cannot agree on the location of a remote register,
the question of the reasonableness of the City requirement
shall be appealed to the City Manager and to the City
Council, in that order.
(e)
All provisions of Section 5. 168 of the City Code applicable
to ownership, maintenance, reading and testing of water
meters shall apply to remote water meter reading registers.
Section 4. Section 5.52, Rates (Sewer), of the City Code is hereby
amended as to Subd. (2), Meter Flow Charges, by substituting the rate of
fifty cents ($.50) for forty-five cents ($.45).
Section 5. Section 5.169, Water Rates, is hereby amended as to Subd.
(1), Single Family, Multiple Dwelling and Schools, by substituting forty-
five cents ($.45) for forty cents ($.40).
-2-
Section 6. Effective Date. This ordinance shall be effective the 1st day
of January, 1978.
Passed by the City Council of the City of New Hope the ] 2th
December , 1977.
day of
Attest:
-J. Erickson, Mayor
~lerk-Treasure
(Published in the New Hope-Plymouth Post the 22ndday of December , 1977.)
-3-
NEW llOPE-PLYMOUTH POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
E. C. L'HC;=u.L.% 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 IIOPE-PLYMOUTtt 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
('ITIES ¢}F NEW IIOPE AND PLYMOUTH
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
rained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all
such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath t~at the printed ..... ~/~'...~.~."...~Z',c~-'~ .....................................
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the'English language, once each week, for.. (~.. successive weeks; that it was first so published on'~
the...~. ,c~.. d/~ay of.~~.77 and was thereafter prlnted and published on every .....................
to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans
Subscribed and sworn to before
me this ........ c~'~..../~,...day of..~,.~~.D., 19..77
(NOTARIAL SEAL)
Notary Public ............................... County, Minnesota
! My Commission Expires .............................. 19 ......