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1978 ORD ORDINANCE NO. 78- ] AN ORDINANCE AMENDING ORDINANCE 72-28 BY ESTABLISHING SAC CHARGES FOR 1978 AND 1979 AND BY CODIFYING THE SAME City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Ordinance 72-28 of the City of New Hope, passed on December 29, 1972 is hereby codified as Section 5.135 of the City Code. Section 2. Section 2 "Establishment of Charges" is amended by changing the unnumbered third paragraph of said ordinance to read as follows: The charge for each building or structure shall be equal to the number of units of sewage volume which it will discharge, multiplied by $400 for 1978 and $425 for 1979. A unit of sewage volume shall be 100,000 gallons per year and shall be assigned as follows: (The balance of Section 2 is unchanged) Section 3. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the 9th January ,1978. day of ' -Edw.~/Erickson, Mayor Attest: ~ ]~et~y ~i~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ] 9th day of January , 1978. NEW I10PE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ; SS. 'E'~'~'L-'~l'te~e~1, 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 publ ication 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 ltOPE 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 ~Ssta:e 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 ...~..-~ ?...'~.~ ..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 publ ished on'~iz~~ the...~ay of..(~C~ 19~g. 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 e th, ....... ............ ........................................................ (NOTARIAL SEAL) Notary Public ............................... County, Minnesota /VW Commission Expires .............................. 17 ...... ORDINANCE NO. 78-2 AN ORDINANCE AMENDING ORDINANCE 77-25, AS PUBLISHED. City of New Hope, Minnesota. The City Council of the City of New Hope ordains: Section 1. Ordinance 77-25 of the City of New Hope, as published in the New Hope-Plymouth Post December 22, 1977, is hereby amended by inserting immediately following Subd. (1) as published, and just before the line reading "Installation, Ownership and Control" the following wording: Section 2. Section 5. 168, Subd. (2), 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 January, 1978. Attest: 91;h day of / Edw~ Erickson, Mayor B~et~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ] 91;h day of Oanuar.y , 1978.) NEW IIOPE-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 IIOPE-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 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 sa id newspaper or persons in its employ and subiecf to h is 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. "efurther stafes on oath thaffhepr,nted ..... .................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the"Englishlanguage, once each week for / successJveweeks thatitwa ' ' ¢~ ....... ; ' s first SO published on~~ the...,~ ..... day of. ~ 19.7~. and was thereafter printed and published on every v ~ to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghliklmnopqrstuvwxyz--5v2 pt. Sans Subscribed and sworn to before t is ......... '~'"i ...... day (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78-3 AN ORDINANCE AMENDING SECTIONS 4.42, 4.43, 4.44, and 4.23 OF THE ZONING CODE BY PROVIDING FOR COMMERCIAL RECREATION IN INDUSTRIAL ZONES. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.42 of the City Code entitled Why Certain Uses Require Special Use Permits is hereby amended by the addition of the following wording at the end of Subd. (3), Industrial Districts: However, certain commercial recreation uses, because of potential traffic generation, noise, glare, hours or other possible nuisance characteristics, are not always suitable for close proximity to residential districts of varying densities. Such uses frequently require a certain degree of isolation such as may be obtainable in industrial districts if they are to be permitted in the community at all, and careful regulation by special use permit in industrial districts may permit such uses to contribute to the well-being of the community without undue deleterious effect upon efficient utilization of land within the City. Section 2. Section 4.43 of the City Code entitled Criteria for Granting Special Use Permits is hereby amended by the addition of the following sub- paragraph 3 (c) under the heading (3) In Industrial Districts: (c) If the proposed use is for commercial recreational purposes (the Council shall find) that: (i) The site of the proposed use has direct access to an arterial street as defined in Chapters 13.01(21) and 4.23(4) of the City Code, without utilizing public st~reets of a lower traffic handling classification to reach the arterial street, and (ii) The outside perimeter of the site, as legally described, is · . . 500 feet or more from the boundary of an SR, TR or MR zoning classification, or · . . separated from the boundary of any such zone by an arterial street, railroad or similar physical structure, or · . . separated from the boundary of any such zone by then existing GI, LI, GB, LB or RB development. Section 3. Section 4.44 of the City Code entitled Listing of Special Uses is hereby amended by the addition of the following subparagraph (5) (j) under the heading In Industrial Districts: (j) Commercial recreation (such as bowling alley, pool hall, dance hall, skating, trampoline, tennis, handball, racquet ball, swimming, golf, and other participant sports of a similar nature). Section 4. Section 4.23 of the City Code entitled Exceptions and Additions to Minimum Requirements is hereby amended by adding Subd. (13) as follows: Subd. (13) Commercial Recreation Site Development Criteria in Industrial Districts. The following criteria shall serve as guides for consideration of approval or rejection of site plan development for commercial recreation sites in industrial zones (LI and GI). The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. Parking areas shall be screened from view of residential districts and shall be curbed with continuous concrete curbs not less than six inches high above the parking lot or driveway grade, at the curb line. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. de Ail lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use. -2- ee The entire area other than that occupied by buildings, structures or plantings shall be surfaced with a bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the City Engineer. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to approval by the City. Section 5. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope the 27th February ,1978. Attest: ,/ Edw .~. Erickson, Mayor ~~uliot, Clerk-Treasurer day of (Published in the New Hope-Plymouth Post the 9th day of March ,1978. ) -3- ~ses NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN ~ ~..-G~-b',t4~az~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 NE~V II¢)PE-PLYMOUT][t 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 ('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 subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed .... ~/~-....~.~ .*.../~..~ ......................................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'English language, once each week, for./., successive weeks; that it was first so published on fo and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--5v2 pt. Sans as Subd. (13] Commercial Re~rentlen 'Site Development Criteria in In- dustrial Districts. ~he follow fig criteria shall serve as /guides forconsideration of approval or re|ebtlon of s te plan development for,- '~cdJllme~clal retreat on sifts in in- td~strial.~z'ones JiLl and Gl), . a ,The a!TchitecturaL.apPearance · functi0~tal pla~ of the b[ffldlng and Site sh~ll not be so dissimilar to existing buildings m' area as to ' cause mpairment in property values or constitute a blighting? n~luence. ~. b, Parking areas shall be ,scree~ · from' view of residential districts~ ~ and sh~ be curbed with corttinuou$ ~ =Oncret~ ~rbs ~ot less than sl~,"~ ~;' fnches high ab~/e the parking !of ~ :d~veway grade,~t the curb hne../? ~'¢ V~hicular access points shall ;;,'.;:~ ired~ and designed and con-''~ ~;~.;;i:s~ uCt~:l tO create a minimum of ~;!(~( lflict with through traffic ~. ,r~ ,vement: , "d;'/l I lighting shall be hooded' and so ~ ~ di acted that the light source is ¥is hie from the right-of-way · ,'f~G ~1 ~e residential zone or use. '~.. T ~e entire area other than ,: ' ~c~ upied by buildings~ structures ~ ~h r~tltigs shall be surfaced with bH~minoUs or 9p~crete materiat'~ ' WI J~ will '~6~trOI, dust ,, .dr I[~a~r, ~e material and.gradirlg?~ Subscribed and sworn to before me tbs /~)"-~ da of ~'~/~" ' ~' ' ~ ii i .............................................. (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO, 78-4 AN ORDINANCE AMENDING CHAPTER l0 OF THE CITY CODE REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUORS IN THE CITY OF NEW HOPE BY REPEALING SECTIONS 10.02 THROUGH 10.08 OF THE CITY CODE RELATING TO MUNICIPAL OPERATION. City of New Hope The City Council of the City of New Hope ordains: Section 1. Sections 10.02 through 10.08 of the City Code relating to municipal operation of liquor stores in New Hope are hereby repealed. Section 2. This ordinance shall be effective on the 15th day of March,'1978. Passed by the City Council of the City of New Hope the 13th day of March, 1978. ~//--' Ed~ J. Erickson, Mayor Attest; t~,~! iot, 'City C1 erk,Treasurer NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. ~, being duly sworn, on oath says he is and during all the times herein stated has been t Post Publishing Co., publisher and printer of the newspaper known as NEW IlOPE-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 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 iSst sate and sign, by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper legal newspaper. Hefurtherstatesonoathfhattheprinted .... ~..-~'~.~--~.' 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 or~~ the . ./~... da y of. ~_'-~~L,~.. 19.TK. and was thereafter printed and published on every ..................... fo and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans Subscribed and sworn to before .......... (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78-5 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 further amended to read as follows: Subd. (1) MR Permits, Suspension. No building permit shall be issued before June 29, 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 this 13th day of March, 1978. Edward~J-x.~"--EricksOn, Mayor Attest; B~ttyTP~ot, City Clerk-Treasurer Published in the New Hope-Plymouth Post the 23rd day of March, 1978. NEW IlOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION 8TJkTI~. OF MIN~I~-~OTJk gOKINT¥ O~" HI~NI~I~--PIIq ~ SS. ~, being duly sworn, on oath says he is and during all the times herein stated has been th 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 ifs local post- office. (5) Said newspaper purports to serve the CITIES ¢)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- tained by the managing officer of said newspaper or persons ih its employ and subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of iSstaate and signed by the managing officer of said newspaper and sworn to bofore a notary public stating that the newspaper legal newspaper. He further states on oath that the printed ...... ~'.....~...~. ~.' .?.O~: ~ ..........~ ............................ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'English language, once each week, for...~, successive weeks; that it was flrsf so published on~~ the..~?..~.., d~ay of.~~.. 19.~/.and was thereafter printed and published on every--~ ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before me this ......... ~'~'~..day of..~~ AD 19 (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78-6 AN ORDINANCE REPEALING SECTION 4.74 OF THE CITY CODE AND ADDING SECTIONS 3.300 THROUGH 3.308 PERTAINING TO ARCHITECT APPROVAL OF CERTAIN STRUCTURES. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.74 of the City Code is hereby repealed. Section 2. Sections 3.300, Architecture, through 3.308 are hereby added to the City Code as follows: 3.300 ARCHITECTURE 3.301 In all districts except GB and GI, all principal buildings (here- inafter "building") must be designed by a registered professional engineer or a registered architect. Those aspects of a building plan which relate unambiguously to the formulation of the aesthetic design and the solution of the architectural problems of a structure must be prepared by or under the direct supervision of a registered architect. 3.302 Upon submission to the City for approval within this section of the City Code, building plans must bear a legend in substantially the following form: The aesthetic design features of this structure (s) have been prepared by me or under my direct supervision. (Signature by Registered Architect) Registration No. Date: 3. 303 If building plans within the regulation of this section of the City Code have been prepared solely by a registered professional engineer, the plans submitted to the City for approval must bear a legend in substantially the following form: These plans have been prepared by me, or under my direct supervision, and the structure (s) shown thereon 3.304 3.305 3.306 3.307 has no aesthetic design features, and the assistance, supervision and therefore approval of a registered architect is not required. (Signature by Registered Professional Engineer) Registration No. Date: If the opinion expressed by a registered professional engineer in the preceding paragraph 3.303, as to whether the building (s) is/are devoid of aesthetic considerations, so that an architect is not required, does not receive the concurrence of the City Department of Protective Inspections, the applicant shall be required to provide the City either with the certificate required in paragraph 3.302 above, or provide a statement from a registered architect concurring with the certification of the registered professional engineer as described in paragraph 3.303, above. The decision of the Department of Protective Inspections that the aesthetic considerations in the proposed building (s) require the work or direct supervision of a registered architect may be appealed to the City Manager and to the City Council, in that order. The sole question to be decided upon appeal from the determination of the Department of Protective Inspections that the building (s) as proposed are subject to aesthetic considerations requiring that a registered architect do or supervise that portion of the proposed building plan is whether in the judgment of each level of review, the proposed building (s) is in fact devoid of the need for aesthetic considerations, so that the services of a registered architect are not mandated by this ordinance. Notwithstanding the foregoing paragraphs 3.301 through 3.306, the following buildings are exempt from the provisions of 3.301 through 3.306: (a) Dwellings for single families, and outbuildings in connection therewith, such as barns and private garages; (b) Two-family dwellings; (c) Temporary buildings or sheds used exclusively for construction purposes, not exceeding two stories in height, and not used for living quarters; -2- (d) Any public work or public improvement done by a public body in this City, the cost of which does not exceed $30,000, provided that plans and specifications for such work or improvement affecting water supply or waste disposal are approved by the appropriate state agency; or (e) Any building, structure, or work, the total cost of which does not exceed $30,000. 3.308 Single family and two-family dwellings must not be identical or similar nor monotonously redundant within the same block. 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 April, 1978. //~ Ed~/~]~. Erickson, Mayor Attest: ~~ '~t~"l~l{ot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ~/~ day of May, 1978. ) -3- this folll E RTA1NiNG TO- l of th~ ¢~ ~3oo, ~- hereby lOws:, the. reG~lSteCed . linear aSdesCrlbed irt ~ NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA CO,T3NTY OF I'I~-I~NEPII~ SS. ~....C:-E*'d~er-etsff, 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 ltOPE-PLYMOUTII POST and has fu II knowledge of the facts herein stated as follows: (]) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in ifs local post- office. (5) Said newspaper purports to serve the ('IT1E~ OF NEW tlOPE 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 NUnnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of iSst sate and signed by the managing officer of sa id newspaper and sworn to before a notary public stating that the newspaper · legal newspaper. He furtherstatesonoaththattheprinted ~-'~'~l~- 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 publ ished on"~~ the' · '~ · '~' day °f.'~. ~~ .... ]gF~ end was thereafter printed and published on every .....................-'"'-'~"~"~C 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, fo wit: abcdefghiiklmnopqrstuvwxyz--Sv~ pt. Sans 3.306 The sole question to be decided upon appeal from the determination of the Department of Protective Inspections :that. the building(S) as proposed are · subject to aesthetic considerations requiring that a registered architect do or supervise that portion of the proposed building plan is whether in the judgment of each level of review, the proposed building(s) is in fact devoid of the need for aesthetic con- siderations, so that the services of a registered architect are not mandated by this ordinance. :3~307 Notwithstanding the foregoing ~ragraphs 3~301 through 3.306, the Subscribed and sworn to before e this ...................... day~ (NOTARIAL SEAL) Notary Public, .............................. County, N~innesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78- 7 AN ORDINANCE AMENDING SECTIONS 8.40 THROUGH 8.72 BY RENUMBERING TO 8.40 THROUGH 8.49, CAPTIONED TAXICABS AND TAXICAB DRIVERS, AND BY PROVIDING FOR RECIPROCITY. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Renumbering. Sections 8.40 through 8.72 under the caption Taxicabs and Taxicab Drivers are hereby renumbered to 8.40 through 8.49, and captioned as follows: Formerly New 8.40 8.40 8.41 8.41 8.42 8.42 8.42 Subd 8.43 Subd 8.44 Subd 8.45 Subd 8.46 Subd 8.47 Subd 8.48 8.43 8.48 Subd. 8.49 Subd. 8.50 8.44 8.50 Subd. 8.51 Subd. 8.52 Subd. 8.53 Subd. 8.54 Subd. 8.55 Subd. 8.56 Subd. 8.57 Subd. 8.58 Subd. 8.59 8.45 8.60 Subd. 8.60 Subd. 8.61 Subd. (1) (2) (3) (4) (5) (6) (1) (2) (1) (2) (3) (4) (5) (6) (7) (8) (9) (1) (2) (3) TAXICABS AND TAXICAB DRIVERS Definitions (Subd. (1) through (9) are unchanged) Certificate of Public Convenience and Necessity Certificate Required Application for Certificate Public Hearing Issuance of Certificate Indemnity Bond or Liability Insurance Required License Fees for Certificate Holders Transfer of Certificates, Suspension and Revocation Transfer (new caption) Suspension and Revocation of Certificates Taxicab Driver's License License Required (new caption) Application for Driver's License Examination of. Applicant - Current State Motor Vehicle Operator's Permit Required Police Investigation of Applicant - Traffic and Police Record Consideration of Application Issuance of License - Duration - Annual Fee Display of License Suspension and Revocation of License Failure to Comply with City, State and Federal Laws Vehicles--Equipment and Maintenance Inspections (new caption) Designation of Taxicabs Taximeter Required 8.62 8.46 8.62 Subd. (1) 8.63 Subd. (2) 8.64 Subd. (3) 8.65 8.47 8.65 Subd. (1) 8.66 Subd. (2) 8.67 8.48 8.67 Subd. (1) 8.68 Subd. (2) 8.69 Subd. (3) 8.70 Subd. (4) 8.71 Subd. (5) 8.72 8.49 Rates of Fare (revised caption) Rate Card Required (new caption) Receipts Refusal of Passenger to Pay Legal Fare Taxicab Stands Establishment and Use (new caption) Prohibitions of Other Vehicles Taxicab Service Answering Calls (new caption) Operating Requirements Extra Passengers Over Ch.arging True Destination and Distance Violation Section 2. Section 8.42, Certificate of Public Convenience and Necessity, is amended by the addition thereto of the following: Provided, however, any holder of a Certificate of Public Convenience and Necessity (or like authorization) from the City of Minneapolis or the City of St. Louis Park, Minnesota, upon application as provided in Subd. (2) hereinafter, and furnishing proof of being such a holder, and upon furnishing proof of insurance as provided in Subd. (5) herein, shall be entitled to a Certificate issued by New Hope, without a hearing, upon payment of the required fee, and vehicle inspection as required by re- numbered Section 8.45 shall be waived. Ail other pro- visions of this ordinance shall apply to such certificate holders. New Hope Certificates issued based upon Minneapolis or St. Louis Park Certificates shall terminate upon expiration, termination, cancellation or suspension of the Minneapolis or St. Louis Park Certificate. Section 3. Effective Date. This ordinance shall be effective upon its passage and publication. May Attest: Passed by the City Council of the City of New Hope the ~ day of , 1978. e~surer Ed~/J~: Erickson, Mayor (Published in the New Hope-Plymouth Post thes~_~ day of .]:!~e ,1978.) -2- NEW I1OPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION ISS. Jly sworn, on oath says he is and during all the times herein stated has been the President of The XEW IIOPE-PLYMOUTtl POST ~ the facts herein stated as follows: ~ is printed in the English language in newspaper format and in column and sheet form equivalent inches. (2) Said newspaper is a weekly and is distributed at least once each )lumns, devoted to news of local interest to the community which y duplicate any other publication end is not made up entirely of patents, plate matter · ) Said newspaper is circulated in and near the municipality which it purports to serve, has at :~;:t' delivered to paying subscribers, has an average of at least 75 percent of its total circulation ~ ore than three months in arrears and has entry as second-class matter in its local post- -~,,,laper purports to serve the CITIES OF NEW IlOPE AND PLYMOUTH n and it has its known office of issue in the City of New Hope in said county, established and open gathering of news, sale of advertisements and sale of subscriptions and main- its employ and subiect to his direction end control during all which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately '. (7) Said newspaper has complied with all the foregoing conditions for at least two years oublicatlon mentioned below. (8) Said newspaper has filed with the Secretary of State of try 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of officer of said newspaper and sworn to before a notary public stating that the newspaper printed .~-~~ .c. ~.. ~. -.. Z.4~ ~' ? .................................... hereof was cut from the columns of said newspaper, and was printed ard Published therein n : -:e each week, for ...... successive weeks; that it was first so published on . ~... · 19. ~. and was thereafter pr nted and publ/shed on every ..................... ~',r '. ..... oay of ...................... 19 ...... and that the following is a printed copy of the !;~.-" ' .'-'~ A to Z. Doth inclusive, and is hereby acknowledged as being the size and kind of type used in !, to Wit: abcdefghiiklmnopqrstuvwxyz 5~/~ pt. Sans Subscribed and s~orn to before (NOTARIAL SEAL) Notary Public ............................... County, /~Ainnesota AAy Commission Expires .............................. 19 ...... ORDINANCE NO. 78- 8 AN ORDINANCE AMENDING SECTIONS 2.90, 2,300 and 2.410 (ECONOMIC DEVELOPMENT, ENVIRONMENTAL AND HERITAGE COMMISSIONS) AND ESTABLISHING TI-]E NEW HOPE CITIZEN ADVISORY COMMISSION. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Sections 2.700 through 2.719 are hereby enacted, as follows: 2.700 N E W HOPE CITIZEN ADVISORY COMMISSION 2.711 Purpose. The purpose of this section of the Code is to provide rules and regu- lations for the operation of the New Hope Citizen's Advisory Commission. 2.712 Establishment. There is hereby established a New Hope Citizen Advisory Commission, which shall advise the New Hope City Council as to its opinions and recom- mendations on such subjects and matters which the City Council shall assign to it on a continuing, temporary or interim basis, and shall serve as a resource group to the community, and as an informative and educational coordinator to the City, through the City Council. The Commission shall receive projects and areas of responsibility from time to time from the City Council for review, study, analysis, debate, investigation, appraisal, and recommendation to the City Council, to provide the City Council with the maximum factual basis, as well as informed citizen opinion on various topics. Such assignments to the Commission shall be by resolution of the Council. 2.713 Terms of Office, Membership and Composition. The Commission shall consist of seven members, residents of New Hope, appointed by a majority of the Council, who shall serve without compensation at the pleasure of the Council. The terms of office shall be from January 1 to December 31 of each year, or until each individual successor has been appointed. The Commission, at its initial meeting, and each year thereafter, shall choose a chairperson, a vice chairperson, and a secretary. The chairperson shall preside at all meetings held during that year. The secretary shall regularly keep the minutes of each meeting of the Commission and shall also be responsible for forwarding a copy of such minutes promptly to the City Clerk. 2.714 Organization and Meetings. A. Rules Governing. The Commission shall be governed by Robert's Rules of Order and by the Open Meeting Law of the State of Minnesota, and other applicable laws. B. Meetings. (1) Regular Meetings. The Commission shall meet as is deemed necessary at the discretion of the Commission, but not less than once annually. The meetings shall take place in the City Hall, with notice duly given in the manner prescribed by the City Manager from time to time. The organizational meeting of the Commission for the purpose of electing officers shall take place no later than February 15 of each year. (2) Sp. ecial Meetings. Special meetings may be called by the chairperson or any three members of the Commission upon three days written notice to all members. 2.715 Vacancies and Removal of Members. A. Vacancies. A membership on the Commission shall become vacant upon the occurrence of any of the following, and shall be filled for the unexpired term by City Council appointment: i) the death of a member; ii) physical or mental disability rendering him incapable of service; iii) a change of residence outside of the City of New Hope; iv) resignation in writing directed to the Commission chairman; v) absence from four consecutive meetings, regular or special, unless excused by formal action of the Commission shall be deemed to constitute a resignation of a member, and a vacancy thereby automatically created. -2- B. Removal from Office. (1) By the Commission: The Commission, by a 3/5's vote of its members, may petition to the Council to remove any member when, in its discretion, the best interests of the City would be served thereby. (2) By the Council: The Council, by a majority vote of all its members, shall have the authority to remove any member of the Commission from office, whenever, in its discretion, the best interests of the City shall be served thereby. 2.716 Annual Report. The Commission shall prepare an annual written report to be presented to the Council at the second Council meeting in January following the year involved. 2.717 Task Groups. Community task groups that form to study problems of the environment may approach the Commission or be referred to the Commission by resolution of the City Council. One or more members of the Commission may serve on the task group to act as a communication link between the task group and the Citizen Advisory Commission. 2.718 City Officials to Cooperate. Ail City officials, department heads, employees and appointees shall cooperate with the Commission and render all reasonable assistance. 2.719 Repeal. Sections 2.90, 2.300 and 2.410 establishing and governing the Economic Development Commission, the Environmental Commission, and the Heritage Preservation Commission are hereby repealed, as their responsibilities will be assigned to the Citizen Advisory Commission. Section 2. Effective Date. This ordinance shall be effective from and after its passage and publication. -3- Passed by the City Council of the City of New Hope the22nd Ma.¥ , 1978. day of · Erickson, Mayor Attest: ~Treasurer (Published in the New Hope-Plymouth Post the Rth day of , 1978.) -4- NEW llOPE-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 N'EW 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 ~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 CITIES OF 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 the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. Hefurtherstatesonoaththattheprinted ...~ .~..',...~..~..7.~ ..................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and publlshed therein in the"Englis~nguage, once each week, for. ~/... successive weeks; that it WaS first so published on..~....~. the ~ ~..day of 19 ~ ~C, and was thereafter pr nted and publ,shed on every to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, fo wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before~ me fhi ....... .~. .............. ~ d[y O~ ........... A.D., 19.?..~.. (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78- 9 AN INTERIM ORDINANCE FURTHER EXTENDING THE RESTRICTIONS ON THE ISSUANCE OF BUILDING PERMITS AND THE ACCEPTANCE OF APPLICATIONS FOR MULTIPLE RESIDENTIAL DEVELOPMENTS. (AMENDING ORDINANCE 78-5) 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 further amended to read as follows: Subd. (1) MR Permits, Suspension. No building permit shall be issued before. September ] 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 the adoption of a new zoning ordinance pursuant to the new Comprehensive Plan heretofore adopted. Section 2. This ordinance shall be effective upon its passage and publication. Passed by the City Council of the City of New Hope the ] 2th day of June, 1978. Attest: son, Mayor ~l~~l.i'ot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 22nd day of June , 1978.) NEW IlOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY or HENNEPIN SS. -'-, C. '-'.u.--7~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 XEW IIOPE-PLYMOUTII 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 ('ITII~:S 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 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. 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 theqEnglish language, once each week, for. / . .successive weeks; that if was first so published on .... ~~ to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5V2 pt. Sans Subscribed and sworn to before (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78-10 AN ORDINANCE AMENDING SECTION 2. 700 ,'~NEW HOPE CITIZEN ADVISORY COMMISSION, AS TO THE CHAIRMAN, AS TO THE NUMBER OF MEMBERS AND AS TO PROJECT INITIATION City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 2.713 of the City Code, "Terms of Office, --~- -Memb.ershit) and Composition"is amended to read: The Commission shall consist of not less than five and not more than fifteen members, residents of NeW Hope, appointed by a majority of the Council, who shall serve without Compensation at the pleasure of the Council. The terms of office shall be frOm January 1 to December 31~ of each year, or until each individual successor has been appointed. The chairperson of the Commission shall be appointed by the City Council. The Commission, at its initial meeting, and each year thereafter, shall choose a vice chairperson, and a secretary. A quorUm shall consist of a majority of the members then constituting the COmmission. The chairperson, shall preside at all meetings held during that year. The secretary shall regularly keep the minutes of each meeting of the' Commission and shall also be responsible for forwarding a copy of such minutes promptly to the City Clerk. Section 2. Section 2. 712 of the City Code, "Establishment", is hereby ~amended by addition of the following sentence at the end of said paragraph: The Commission may also initiate projects on its owri motion. Section 3. This ordinance shall be effective upon its passage and publication. Dated the 26th day of June, 1978. Attest:B~tt~'gl~6t, Clerk-Treasurer' ' (Published in the New Hope-Plymouth Post the day of , 1978) NEW llOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA CO'KINTY OF HEI~II~IEPII~I' t · . , being duly sworn, on oath says he is and during all the times herein stated has been the~President of The Post Publ ishlng Co., publisher and printer of the newspaper known as NE~V 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 llOPE AND PLYMOUTH in the County of Hennepin end 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 ell such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue i m mediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed ..... ~-~.~~ .~, .~., .'....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 publlshed on..~~ the. '~ ~ ........ o--'"~ every ..................... .6 ..... day of.... ~.......~. .... 1,... ~ .and was thereafter printed and published on to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78- ] ] AN ORDINANCE AMENDING CHAPTER 8.12 OF THE CITY CODE BY ADDING A LIMITED RESTAURANT CLASSIFICATION FOR . ON-SALE, TAVERN City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 8.12 "License Fees" of the "Food Handling" portion of the City Code is hereby 'amended' by the addition of the following section e). On-Sale Tavern, Limited Restaurant. 8.12 LiCenSe Fees The license fee shall be as follows: Subd. (1) Restaurants c) i On-Sale Tavern, Limited ReStaurant $35 for any establishment licensed as an On-Sale Tavern offering a limited menu of not more than 5 different sandwicheS, and not more than two side dishes, such as slaw or potato salad. The dollar volume of food sales must be a minimal portion of the total licensed beverage and food sales. Section 2. ThiS ordinance shall be effective upon its passage and publication. Attest: ~~' Bet{~ P~liot, Clerk-Treasurer Dated the ] 0th day of July., 1978.- ~// Edw. J/Erickson, Mayor / (Published in the NeW Hope-PlYmouth Post the 20th .day of July , 1978) NEW llOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNi~--PIN I · . , being duly sworn, on oath says he is and dur nga, II the times herein stated has been the~resident of The Post Publishing Co., publisher and printer of the newspaper known as NEx, V IIOPE-PLYMOUTII 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- tained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below· (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the~English language, once each week, for../., successive weeks; that it was first so published on . .~...~ the~)~(~..~day of...~ .... 19....~..and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before .... (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78-/.Z. AN ORDINANCE AMENDING CHAPTER 10 OF THE CITY CODE REGULATING THE SALE AND CONSUMPTION OF INTOXICATING LIQUORS AS TO FOOD SALES IN ON-SALE TAVERNS 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 lb. 01, Definitions, is hereby 'amended by changing Subd. (5) thereof to read as follows: Sub. (5) On-Sale, Tavern. "On-Sale, T.avern": 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. Such food' may not in any way be cooked on the pr~emises, but previously cooked food' may be heated on the premises if this simply restores the food to its former condition as a cooked food suitabl, e for human consumption, if such warming, is not a part of the cooking process. Sandwiches may not be assembled on the premises for consumption thereon. No dancing or live entertainment is permitted. Section 2. ThiS ordinance Shall be effective upon its passage and publication. Dated the 26th day of June, 1978. ~/~ ~r_~/~~./~ /" Edw. ~. Erickson, Mayor Attest: ~~ / g~tt~~i~)t, Clerk-Treasurer (Published in the New Hope-PlYmouth Post the day of , 1978) NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF I"IENI~EPIN -E..-_.: 'H~-~ -.~11, 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-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 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 ('II'IES 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 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 publlc stating that the newspaper is a legal newspaper. He further states on oath that the pr nted ~~......~...(~.: ..... ~t~, .'~..~¢~- .......... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'Engllsh language, once each week, for../., successive weeks; that ~t was first so published on ~~ the.~-~. ~-~.day of~ ..... 19~'~nd was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5V2 pt. Sans Subscribed and sworn to before meths 7~ da of~' ~'~ AD I 7(~'' · . ..................... y o*.,,.,.~-~.'~-~' .... A.I., ~....0 (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78-13 AN ORDINANCE AMENDING SECTION 4.43 OF THE CITY CODE BY ADDING DRIVE-UP SERVICE WINDOWS AS A SPECIAL USE FOR CERTAIN RESTAURANTS City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.44(3) of the City Code, listing of special uses in retail business districts is hereby amended by the addition thereto of the following: (3) In Retail Business Districts: Drive-up service windows for fast food restaurants (as defined in Section 3.03 (1), with sPecial criteria as follows: (i) (ii) (iii) (iv) (v) (vi) Only fast food restaurants qualify. Not less than 180 feet of segregated automobile stacking lane must be provided for the service window. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and green area on the site. No part of the public street or boulevard may be used for stacking of automobiles. The stacking lane and window placement must be designed and located in such a manner as to minimize automobile and communication noises, emissions and headlight glare as to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. As a condition of issuance of a special use permit~ hours of operation may be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare. Section 2. This ordinance shall be effective upon its passage and publication. Dated the 24th day of July, 1978. t //~~wa~. Erick~n, Mayor ATTEST: /' ~ B y Clerk-Treasurer (Published in the New Hope-Plymouth Post the 10th day of August, 1978. NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN t SS. [. C. L.': :cr~'.?, 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 NEVi' 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 equlvalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Sa id 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 tlOPE 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 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./~'?..~, day of. ~... 19~'~.~and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before me this ..... //.~'~ ...... day of~...A.D., 19.7...~ ........................................................ (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78- ]4 AN ORDINANCE AMENDING SECTION 8.12 OF THE CITY CODE RELATING TO LICENSE FEES FOR FOOD HANDLING BY REQUIRING A LICENSE FOR COMMERCIAL STORAGE OF FOOD IN RESIDENTIAL AREAS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 8.10, Food Handling, of the City Code is amended by adding a new subdivision 8 under 8.12, License Fees, as follows: Subd. (8) Home Storage of Food Stuff for Vending. $10 per location for the storage, in a private residence, of food stuff used in the stocking of vending routes. As a condition for issuing this license and the continued operation thereunder, the licensee shall agree to conform to all of the requirements of the City Zoning Code regarding home occupations and shall be regulated thereby, and shall store permitted food stuffs in a metal cabinet or similar fixture approved by the City Sanitarian. The fixtures and premises shall be maintained in a manner acceptable to the Sanitarian who shall have the right to inspect the premises upon request. In no case shall perishable, readily perishable or frozen foods, as defined in Minnesota Statutes § 28A. 03 be stored under this license, nor shall the total amount of food stuffs stored exceed the amount that can be transported in a standard size station wagon. 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 ] 4th August , 1978. day of Attest: ~'. Erickson, Mayor ~~li~t, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 24th day of Auqust , 1978.) GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HEI~NEPIN ~. . ' , being duly sworn, on oath says he is and during all the times herein stated has been the Ptc=~dc.-.%of The Post Publishing Co., publisher and printer of the newspaper known as GOLDEN VALLEY 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 CITY OF GOLDEN VALLEY 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 ,ef,r,hersfatesonoa,hfhafthepr'nfed hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and public, had therein in the Erlghsh language once each week for / successive weeks' that it was first so published on...~..,,~~--~K-- the....'.~..~(..., day of.. ~~ ...... 19..~. and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/~ pt. Sans Subscribed and sworn to before ....................... /7~"~,Z ................ (NOTARIAL SEAL) Notary Public, .............................. County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78-] 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: (45) Lot 1, Block 1, Mork Campion Manor 2nd Addition. Section 2. This ordinance shall be effective from and after its passage and publication. of Attest: Passed by the City Council of the City of New Hope this ]4~h day Auq~sl; , 1978. · Erickson, Mayor ]B e~~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 24th day of ~tg~__, 1978. ) NEW IlOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF I"IENNEPIN --E. C. L'H=. =utt, being duly sworn, on oath says he is and during all the times herein stated has been the-Pre~l~t o~The Post Publishing Co., publisher and printer of the newspaper known as NE~,V IlOPE-PLYMOUTII 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 ifs 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 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 prinfe~ .~'. ~/~ .~ ~. ~'~'~.'~ ~'./~ .'. '...~'~~ ..................... ......................................... ....................... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'English Janguage, once each week, for.~J~successive weeks; that it was first so published on .~ fhe.~-[ ~..~. day of..~. 19.~ and was th~ .... ,,er printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--51/2 pt. Sans Subscribed and sworn to before me this~,,-~ ......... da of..~.A.D., 19~]~.~.. ................................................................ (NOTARIAL SEAL} Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78- ] 6 AN ORDINANCE AMENDING SECTION 4.52 OF THE CITY CODE BY ADDING DRIVE-UP SERVICE WINDOWS FOR FINANCIAL INSTITUTIONS IN BUSINESS AND INDUSTRIAL DISTRICTS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.52 of the Code Code, Accessory Uses in Business and Industrial Districts, is amended by the addition of the following sub- division (4): (4) One lane drive-up service windows for federal and state regulated financial institutions in RB or Industrial Districts, providing the facility is approved as part of the original construction approval of the building· If a service window is to be added to an existing building, or if more than one lane is to be provided, a special use permit procedure shall be used and the facility must be found to meet the criteria of Sections 4.43 (2) or (3) (whichever is applicable) and the Council shall apply such conditions as it deems necessary to reasonably control traffic, noise and other nuisance characteristics. 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 ~ ...... + , 1978. 14th day of Attest: ~etty lgouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 24th day of August , 1978.) NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ISS. ~ c ~ 'Her~%~t, being duly sworn, on oath says he is and during all the times herein stated has been the-F~-esident of The Post Publishing Co., publisher and printer of the newspaper known as NE~3; llOPE-PLYMOUTll 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 no'r 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 af 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 ltOPE AND PLYMOUTH in the County of Hennepln and it has its known office of issue in the City of New Hope in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- rained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue 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. 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 ~ff~ff, successive weeks; that it was first so published on'~s~. · .~ the~.~'~dayof.~...]9~'~andwasthereafterprinted,ndpubJ,$hedonevery ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the · lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the cum position and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5¥2 pt. Sans Subscribed and sworn to before ~ ~ A 19 me fhis.~ ~ .............. day ~.~ .... D .... ~ ~ ............................................................ (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78-17 AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE (SUBDIVISION ORDINANCE) BY REVISING BOND REQUIREMENTS FOR SUBDIVIDERS. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 13.022 (30), Subdivision Bond, is amended to read: (30) Subdivision Bond -- is security approved by the City to assure the City that improvements and utilities will be actually con- structed and installed in. accordance with City specifications and requirements, as expressed in a contract and by City ordinance and regulations. Such security may be by cash deposit, savings account or certificate of deposit assigned to the City, by letter of credit, corporate surety bond or other bond with surety and conditions satisfactory to the City. Section 2. Section 13.061, Required Agreements and Bonds, is amended by the addition thereto of the following Section (e): (e) Assessed Improvements. When the City agrees to install improvements in a subdivision and assess the cost pursuant to M .S. § 429, the Subdivision Bond shall be one-half of the estimated cost of the improvement. The Subdivision Bond shall guarantee timely payment of all assessments on the property, and shall provide for payment in full of such assessments within three years of the date of a resolution levying such assessments. Section 3. Section 13.031, Preliminary Plat, is amended by substituting (Section) 13.11 for the reference to Section 12. Section 4. Section 13.053 (10), Widths (of Streets and Alleys), is amended by substituting (Section) 13.053 (2) for the reference to Section 5, Subd. C (2). Section 5. Section 13.071(1), Staff Approvals of Plat, is amended by substituting (Section) 13.06 for the reference to Section 7. Section 6. Section 13.074 (1), Street Improvements, is amended by substituting (Sections) 13.05 and 13.08 respectively for the references to Sections 5 and 9; in Subdivisions (2), (4), and (6) of the same section, (Section) 13.08 is substituted for the reference to Section 9; in Subdivision (7) of the same section, (Section) 13.084(3) f is substituted for the reference to Section 9; in Subdivision (8) of the same section, (Section 13.084(3) b is substituted for the reference to Section 9. Section 7. Section 13.084 (f) (5), Sod, Boulevard Trees, Street Signs., is amended by substituting (Section) 13.074(6) for the reference to Section 8, Subd. D (6). Section 8. and publication. This ordinance shall be effective from and after its passage Passed by the City Council of the City of New Hope the /F day of Attest: // Ed~J. Erickson, Mayor ~~ouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the .~/ day of ,.~,~ ~ , 1978.) -2- NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. ~C. Lq ;=. a~;~, 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-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 ('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- 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 im mediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. 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 ../~ th e...~/..~of.. ~.. 19."~and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans Subscribed and sworn to before me this /~ day o~EX, 19. · .~..~ (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78-18 AN INTERIM ORDINANCE FURTHER EXTENDING THE RESTRICTIONS ON THE ISSUANCE OF BUILDING PERMITS AND THE ACCEPTANCE OF APPLICATIONS FOR MULTIPLE RESIDENTIAL DEVELOPMENTS. (AMENDING ORDINANCE 78-9) 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 further amended to read as follows: Subd. (1)MR Permits, Suspension. No building permit shall be issued before April 19, 1979 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 the adoption of a new zoning ordinance pursuant to the new Comprehensive Plan heretofore adopted. Section 2. This ordinance shall be effective upon its passage and publication. Passed by the City Council of the City of New Hope the 28th day of August, 1978. Attest: son, Mayor Be~Treasurer ' ' ~ (Published in the New Hope-Plymouth Post the 7th day of September, 1978. ) NEW llOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA CO,OIqTY OF t . . , being duly sworn, on oath says he is and during all the times herein stated has been the Post Publishing Co., publisher and printer Of the newspaper known as NEV',' IIOPE-PLYMOUTII 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 publicatlon and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid OF no more than three months in arrears and has entry as second-class matter in its local post- Office. (5) Said newspaper purports to serve the ('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 subject to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files°a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. Hefurtherstatesonoaththattheprinted..~.~. ~0: ..y.~'~./.~ .................. 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../., successiv .... ks; that it was first so published on the..7~), day of.~. 19.~.. and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--SV2 pt. Sans · .... Subscribed and sworn to before (NOTARIAL SEAL) Notary Pubilc ............................... County, Minnesota My Commission Expires .............................. lc/ ...... ORDINANCE NO. 78-19 AN ORDINANCE CHANGING THE NAME OF 35½ AVENUE NORTH TO HILLSBORO COURT The City Council of the City of New Hope ordains: Section 1. 35½ Avenue North, as shown and dedicated in the plat of Ella Addition, is hereby renamed and established as Hillsboro Court. Section 2. The line of words set forth hereafter in quotations shall be inserted at the end of Appendix A "Street Name Changes" of the City of New Hope Code of Ordinances under the column heading shown: Old Name Location New Name "35½ Avenue North Ella Addition Hillsboro Court,, Section 3. This ordinance shall be in force and effect upon its passage and publication. Dated the 28th day of August, 1978. Mayor ~ ~f~/Cle rk-Treasurer Published in the New Hope-Plymouth Post the 7th day of September, 1978. NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN . . , ~ing duly sworn, on o~th says he is and during ~1 the times herein stat~ has been theft of The Post PubJ Jshing Co., publisher ~nd printer of the n~paper known es NEW IIOPE-PLYMOUTtt POST and has full k~wl~ge of the facts herein stat~ as follo~: (1) Said newspaper is print~ in the English language in newspaper format and in column and sheet form ~uivalent in print~ space to at least ~ square inches. (2) Said newspaper is a weekly and is distribut~ at least once each week. (3) Said ne~paper has ~ percent ~ its ne~ columns, devot~ to news of local interest to the community which it pur~s 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 ~ copies r~ularly delivered to paying subscribers, has an average ~ at least 75 percent ~ its total circulation curr~tly paid or ~ more than three months in arrears and has entry as second-class matter in its local post- ~fice. (5) Said newspaper pur~rts to serve the ('ITIES OF NEW IIOPE AND PLYMOUTH in the County of Hennepin and it has its k~own office of issue in the City of New Hope in said county, establish~ and opera during its r~ular business hours for the gathering of news, sale of advertisements and sale of subscriptions a~d main- rained by the managing officer of ~id he. paper or persons in its employ and subiect to his direction and control during all such r~ular hours and at which time said ne~paper 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 pr~ing the day or dates of publication mentioned below. (8) Said newspaper has fil~ 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 sign~ by the managing officer of said he. paper and sworn to before a notary public stating that the newspaper is a I~al ne~pa~r, hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in each week, for...'~--, successive weeks; that it was first so published on .~~ the'English language, once the..~.day of.~.. 19.~"~and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz--5v2 pt. Sans Subscribed and sworn fo before me,h,s ..... .......... dayof.. .A.D.. (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78-20 AN ORDINANCE AMENDING CHAPTER 10 OF THE CITY CODE REGULATING INTOXICATING LIQUORS BY AMENDING THE AUTHORIZED HOURS OF SALE. City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 10.413, Restricted Hours of Operation, is amended as to paragraph C thereof to permit off-sale operation on Friday until 10 P .M., and said paragraph is amended in part to read: C. Restricted hours of operation for off-sale establishments shall be as follow s: Monday through Thursday Friday and Saturday Only between 8 A.M. and 8 P .M. Only between 8 A.M. and 10 P .M. Section 2. and publication· Passed by the City Council of the City of New Hope the , 1978. Attest: This ordinance shall be effective from and after its passage ,. day of J. Erickson, Mayor etty ~liot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the __ day of , 1978. ) NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ~-~'T-L-'~-I,er~lt, being duly sworn, on oath says he is and during all the times herein stated has been the ;~;-c~:d;;-~ of ~rhe Post Publishing Co., publisher and printer of the newspaper known as NEW IIOPE-PLYMOUTII 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 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 5O 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 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. He further states on oath that the printed... ~)~... ~0.,...."~;. ~'.~"-'-~ ~"~ ............. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the. nglish ,anguage. once each week. for../.', successi .... eks; that if was first so published on'~~~ to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans Subscribed and sworn to before me this .... 27 .......... day ~.~.~ A.D., 19"~ (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78- 21 AN ORDINANCE AMENDING THE ZONING CODE BY CHANGING THE SOUTHEAST CORNER OF COUNTY STATE AID HIGHWAY 18 AND 62ND AVENUE NORTH FROM RB TO MR (RE BASS CREEK HIGHLANDS) . City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.105 of the Zoning Code of the City, entitled Extent' of RB Business Districts, is amended by deleting therefrom the following: (1) Bass Creek Highlands Addition (formerly Outlot 1 in Allan Hills, also known as Allen Hills). Section 2. Section 4. 103 of the Zoning Code of the City, entitled Extent of MR Multiple-Family Residence Districts, is amended by the addition thereto of the following subsection (46): (46) Bass Creek Highlands Addition. Section 3. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope this 28th August , 1978. Attest: day of · ErieS{son, Mayor ' ~uliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the ] 4th day of September , 1978. ) NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINIqESOTA ~ SS. CO,ONTY OF I. iENI~IEPIIg' -E.. C. L'H~, &v;;, 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 NE'~V IIOPE-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 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 fo serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports 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 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 alt 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... ~~~...~ .'...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 ,~~ the..4~' .f~. ]day of. ~. 19. ~¢~and was th .... fter printed and published ...... y ..................... 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--5t/2 pt. Sans Subscribed and sworn to before me this /'.~'~ '~--~ day o,~ A D 19 7~' (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78- 22 AN ORDINANCE AMENDING SECTION 4.44 OF THE CITY CODE PERTAINING TO SPECIAL USES BY ADDING SUBSECTION (10) TO INCLUDE SALE OF NON-PETROLEUM MERCHANDISE IN SERVICE STATIONS BY SPECIAL USE PERMIT. City of New Hope, Minnesota The City Council of the City of New Hope ordains: SeCtion 1. Section 4.44 of the City Code, Listing of Special Uses, is amended by the addition of the following subdivision (10): (10) In Retail Business and General Business Districts: The retail sale of food, household convenience items and sporting goods in automobile service stations if the sale of such items is clearly subordinate to the principal use of the site as an automobile service station, provided, as conditions precedent to the issuance of a special use permit, the Council shall find: 1. That the proposed sale items are clearly subordinate to the principal use of the site. That there are specific parking spaces above the regular requirements for the automobile service station provided to assure parking for customers of the accessory use. That any sale of food items is subject to the approval of the City Sanitarian who shall provide specific written sanitary requirements on an individual basis for each proposed sale location. That the area and location devoted to non-automotive sales shall be specified and any expansion of the space or change in location without an amendment to the permit may con- stitute grounds for revocation of the permit, after a hearing before the City Council. That the non-automotive sales shall qualify for and be granted an annual food handling, retail sales license or other license, as circumstances shall require, in addition to the permit for a special use under the zoning code. That granting the proposed special use will not interfere with adjacent development, commercial or residential, because of spill-over parking, access or traffic volume, and that such factors will not constitute a private or public nuisance. 0 That in addition to any parking or other requirements for the non-automotive retail sales, the automobile service station shall maintain all requirements for parking, storage, and green space as if it were the sole use on the site. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hope this ] ] th day of September , 1978. Attest: / ~V~. Eriekson, Mayor (Published in the New Hope-Plymouth Post the 21st day of September , 1978.) -2- NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNE-qOTA COUNTY OF I-'IENNEPIN SS. · . , being duly sworn, on oath says he is and during all the times herein stated has been thet"President of The Post Publishing Co., publisher and printer of the newspaper known as NI<~,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 no/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 tlOPE 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- taineq 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 ...... ~~ .... ~?.~ .... ~)~. :~.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 ~t was first so published on ~~ the.(~?...J~day of.~.. 19~'~-. and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 19 ...... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghiiklmnopqrstuvwxyz--5v2 pt. Sans Subscribed and sworn to before .............................................. (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78-23 AN ORDINANCE AMENDING SECTION 4.92 (SUBD. 31) OF THE CITY CODE PERTAINING TO MEDICAL USE DEFINITION City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 4.92 (Subd. 31) of the City Code, Definitions - Medical Uses amended by deletion of the current wording and substitution of the following' (10) In Retail Business and General Business Districts: (31) Medical Uses: Those uses concerned with the diagnosis, treatment and care of human beings. These include: hospitals; dental services; medical services or clinic; nursing, convalescent home; orphan's home, rest home; sanitarium and the furnishing and sales of prescription drugs; prosthesis, rehabilitative and optical devices and equipment. Section 2. This ordinance shall be effective from and after its passage and publication. Passed by the City Council of the City of New Hooe this llth day of September , 1978. / ~ - Ed~J. Erickson~. Mayor Attest: ~~ BC~tty Po~llot, City Clerk'-Treasurer (Published in the New Hope-Plymouth Post the 21st day of September , 1978). NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. ~; C,. L'] ;ar;;'.;, 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 \'EW IIOPI~;-PLYMOUTtt POST and has ful 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 CITIES {iF NEW IlOPE AND PLYMOUTH in the County of Hennepin and it has its known office of issue !n 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 controt 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 /~Ainnesota 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. Hefurtherstatesonoaththatthepdnted ..~~ .... '~.(~..: .... ~'~2.*~..(~.~ ........... hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the'English language ....... ch week, for../..s .... ssive weeks; that it was first so published on ~.Z~ the ~7'~'/...).. d~aday o,.~~. ]9.'~'Z~and was thereafter printed and published on every ..................... to and including the .......... day of ........................ 39 ...... 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: abcdefghijklmnopqrstuvwxyz--5~/2 pt. Sans Subscribed and sworn to before (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78- 24 AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF GAMBLING, REPEALING INCONSISTENT ORDINANCES, AND PROVIDING A PENALTY FOR VIOLATION. City of New Hope, Minnesota The Council of the City of New Hope ordains: Section 1. Chapter 8 of the City Code, Business and Amusement Regulation and Licensing, is hereby amended by adding the following: 8.190 G A M B L I N G - - R A F F L E S , E T C. 8.191 Purpose. The purpose of this ordinance is to closely regulate and control the conduct of gambling. 8. 192 Definition. For the purposes of this Ordinance the terms defined in this section have the meanings given them. 8.1921 "Active Member" means a member who has paid all his dues to the organization, and has been a member of the organization for at least 6 months. 8. 1922 "Gambling devices" mean those gambling devices known as "paddlewheels" or "tipboards", or apparatus used in conducting raffles. 8.1923 "Paddlewheel" means a wheel marked off into sections containing one or more numbers, and which, after being turned or spun, uses a pointer or marker to indicate winning chances. 8.1924 "Lawful purpose'' means one or more of the following: (a) benefiting persons by enhancing their opportunity for religious or educational advancement, by relieving or protecting them from disease, suffering or distress, by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was founded; 8. 1925 8. 1926 8.1927 8.1928 (b) initiating, performing, or fostering worthy public works or enabling or furthering the erection or maintenance of public structures; (c) lessening the burdens borne by government or voluntarily supporting, augmenting or supplement- ing services which government would normally render to the people; (d) the improving, expanding, maintaining or repair- ing real property owned or leased by an organization; (e) "Lawful purpose" does not include the erection or acquisition of any real property, unless the City of New Hope specifically authorizes the expenditures after finding that the property will be used exclusively for one or more of the purposes specified in this clause. "Tipboard" means a board, placard or other device measuring at least 12 inches square, marked off in a grid or similar pattern, in which each section contains a hidden number or numbers, or other symbol, which determines the winning chances. "Raffle" means a game in which a participant buys a ticket for a chance at a prize with the winner determined by a random drawing. "Profit" means the gross receipts from the operation of gambling devices and the conduct of raffles, less reasonable sums expended for prizes, local licensing fees, taxes and maintenance costs for the devices. Nothing in this section shall be contrued to authorize any use, possession or operation of: (a) Any gambling device which is activated by the insertion of a coin or token; or (b) Any gambling game or device in which the winning numbers, tickets or chances are in any way determined by the out- come of any athletic contest or sporting event. -2- 8. 193 8.194 8. 195 8. 196 8. 197 License requirement. No person shall directly or indirectly operate a gambling device or conduct a raffle without a license to do so as provided in this ordinance. EL~ G ~ bLE L ~C~N5~$ .Licenses required herein may be issued to a fraternal, rel{~us or veterans organization or to: (a) Any corporation, fund, foundation, trust or association organized for exclusively scientific, literary, religious, charitable, educational, or artistic purposes, or for the purpose of making contributions to or for the use of the United States of American, the state of Minnesota or any combination of the above enumerated purposes, if no part of the net income of any such corporation, fund, foundation, trust or association inures to the benefit of any private member, stockholder, or individual; or to (b) Clubs organized and operated exclusively for pleasure, recreation, or other non-profitable purposes, no part of the net income of which inures to the benefit of any private member, stockholder, or individual; (c) Any such organization must have been in existence for at least three years and have at least 30 active members. License fees. Separate licenses shall be required for the operation of paddlewheels, tipboards and raffles, shall expire on December 31 of each year, and shall be issued for an annual fee of $25.00 each. Licenses may be issued for a lesser period of time upon request of the applicant, and shall not exceed the leasehold term of the applicant for the premises where the gambling or raffle is to be conducted. Application ~)rocedure. Application for a license shall be made upon a form prescribed by the council. No person shall make a false representation in an application. The council shall act upon said application within 180 days from the date of appli- cation, but shall not issue a license until at least 30 days after the date of application. Use of profit. Profits from the operation of gambling devices or the conduct of raffles shall be used solely as authorized at a regular meeting of the organization, and solely for a lawful purpose defined herein. -3- 8.198 Conduct of Gambling. Ail operation of gambling devices and the conduct of raffles shall be under the supervision of a single gambling manager to be designated by the organization and so recorded in the official minutes of the organization within 48 hours after appointment. 8. 199 Gambling Manager Responsibilities. The gambling manager shall be responsible for accounting and all record keeping as to gross receipts and profits from gambling devices and raffles, and for their operation, and shall be responsible for using profits for a lawful purpose, and for the conduct of lawful gambling in accordance with all applicable laws and ordinances. 8.200 Bond of Gambling Manager. The gambling manager shall provid~ a fidelity bond in the sum of $10,000 in favor of the organization conditioned on the faithful performance of his duties. Terms of the bond shall provide that notice shall be given in writing to the City of New Hope not less than 30 days prior to its cancellation. The City Council may waive this bond requirement by including a waiver provision in the gambling license issued to an organi- zation, if approved by the unanimous vote of the City Council. 8.201 Qualifications of Gambling Manager. Any gambling manager shall be an active member of the organization. 8.202 Compensation. No compensation shall be paid to any person in connection with the operation of a gambling device or the conduct of a raffle by a licensed 'organization. No person who is not an active member of an organization, or its auxiliary, or the spouse or surviving spouse of an active member may participate in the organization's operation of a gambling device or conduct of a raffle. 8.203 Reporting Requirements. Each organization licensed to operate gambling devices shall keep records of its gross receipts, ex- penses and profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. Ail deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of profits shall be itemized as to payee, purpose, amount and date of payment. -4- 8.204 8.205 8.206 8.207 8.208 Separation of Funds. Gross receipts from the operation of gambling devices and the conduct of raffles shall be segregated from other revenues of the organization, including bingo gross receipts, if any, and placed in a separate account. Each organization shall have separate records of its gambling operations. The person who accounts for gross receipts, expenses and profits from the operation of gambling devices or the conduct of raffles shall not be the same person who accounts for other revenues of the organization, except that such person may be the same person who account for bingo gross reeipts, expenses and profits, if any. Monthly Reports. Each organization licensed to operate gambling devices or to conduct raffles shall report monthly to its member- ship, and to the City Clerk, its gross receipts, expenses and profits from gambling devices or raffles, and the distribution of profits itemized as required in this subdivision. These records shall be preserved for three years, and organizations shall make available their records relating to operation of gambling devices and the conduct of raffles for City inspection at reasonable times and places. Eligible Premises. Gambling devices shall be operated and raffles conducted by a licensed organization only upon premises, which it owns or leases except that tickets for raffles conducted in accordance with this section may be sold off the premises. Leases, unless authorized in another location by the City shall be for a period of not less than one year and shall be in writing. No lease shall provide that rental payments be based on a per- centage of receipts or profits from gambling devices or raffles. Copies of all leases shall be provided to the City Clerk. Prizes. Total prizes from the operation of paddlewheels and tipboards awarded in any single day in which they are operated shall not exceed $500. Total prizes resulting from any single spin of a paddlewheel, or from any single tipboard, shall not exceed $100. Total prizes awarded in any calendar year by any organization from the operation of paddlewheels and tipboards and the conduct of raffles shall not exceed $15,000. Merchandise prizes shall be valued at fair market retail value. Bingo. Nothing in this ordinance shall be construed to authorize the conduct of bingo without acquiring a separate bingo license. -5- 8.209 8.210 8.211 8.212 Penalties - Criminal. Violation of any provision of this ordinance shall be a misdemeanor. A person convicted of violating any provision of this ordinance shall be subject to a fine of not more than $500 or imprisonment for a term not to exceed 90 days. Penalty. - Suspension of License. The City Manager may suspend any license issued hereunder for a period of not to exceed three weeks upon the issuance of a Court complaint of a violation by the licensee of the terms and conditions of this ordinance. Such suspension shall not be effective after the date of the next regularly scheduled meeting of the City Council. Written notice of the suspension and the grounds therefor, together with the time and date of the next regularly scheduled (or special) City Council meeting at which the suspension shall be considered shall be served upon the licensee in the same manner as process in the District Courts of the State of Minnesota. However, leaving such notice or mailing it, to the address shown on the application for the permit, if no other address is known to the City, shall comply with the requirement of service. The licensee shall be informed by such notice of his right to a hearing before the City Council at the time, place and date specified therein, together with any further sus- pension or proposed revocation of any license issued hereunder. The City Council shall consider any further suspension or revo- cation at such hearing or any continuance thereof, and if he so chooses, the licensee shall be heard personally or by legal counsel, or both. The City Council shall make its findings and order, based thereon, a copy of which shall be served upon the licensee within 30 days of such finding and order. If the Council finds a violation of this ordinance by the licensee, it may suspend or revoke any license issued here, under. Penalty - Revocation of License. The Council may order the revocation of a license issued hereunder after notice and hearing as prescribed above for a suspension and upon findings thereon of violation of the ordinance and order, such license or licenses shall terminate. Denial of Licenses. If the City Council finds that the issuance of any license hereunder would be, in its discretion, contrary to the public health, welfare or safety, it may deny any application for such license. -6- 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 1978. Attest: 23rdday of October  ~ /E~Iw. J.~i~son, Mayor Be~/Pouliot, Clerk-Treasurer (Published in the New Hope-Plymouth Post the 2nd day of November ,1978. ) -7- NEW IIOPE-PLYMOUTH POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF I-IENNI~-PIN I ;-. C. :': :cr~,~'.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-PLYMOUTll 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 nofr 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 PLYMOUTtt in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer of said newspaper or persons in its employ and subiect to his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 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 sfstes 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 to and including the .......... day Of ........................ 19 ...... and that the following is a printed copy of the Iov~er 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 thi ..... ~-~ ...... day of~-'-~~A.D., 19.~'~.2 (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ...... ORDINANCE NO. 78~ AN ORDINANCE AMENDING SECTION 5,169 AND SECTION 5,52 BY REVISING WATER AND SEWER RATES City of New Hope, Minnesota The City Council of the City of New Hope ordains: Section 1. Section 5.169 of the City Code is hereby amended to read as follows: 5.169 Water Rates, Water bills shall be concurrent with sewer billings. The rate for water furnished to consumers by the municipal water system shall be as follows: The minimum quarterly charge will be $2.00 for each meter plus fifty~five cents ($.55) for each 1,000 gallons of consumption over and above the initial 1,O00 gallons recorded on said meter for the quarter. Section 2. Section 5.52, Subd. (2), Meter Flow Charge, of the City Code'iS hereby amended to read as follows: Subd. (2) Sewer Rates Based' on Metered Water. For all premises where the sewer rate is based upon the metered use of water, the rates shall include the minimum charge provided in Subd. ~1) of $2.00 per quarter, plus sixty-two cents ($.62) for each 1,000 gallons of water consumption over and above the initial 1,000 gallons of sewerage included in the mini- mum charge in Subd. (1). For single family residences only, sewer charges shall be computed on the basis of actual gallons of water metered during the winter billing quarters; winter quarters are the quarters billed from January to the following May; sewer charges for the summer quarters, quarters billed from June to the following November, shall be determined by averaging the gallonage of water metered during the winter billings; provided, however, that the gallons charged for the summer billings shall not exceed an amount equal to the actual metered water, if actual usage is less than the amount determined by the averaging method. The quarterly periods shall be as uniform as feasible through- out the City. Section 2. This ordinance shall be in full force and effect from and after i:ts passage and publication. Passed by the City Council of the City of New Hope this of December, 1978. ATTEST: ' BeC~p~6uliot, Clerk,Treasurer //c~ day ~kson, Mayor (Published in the New Hope-Plymouth Post the . day of , 1978), NEW IIOPE-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 XEW IIOPE-PLYMOUTtt 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 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 nol 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 /ts 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 ('ITII~;S 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. He further states on oath that the printed ...~~... ~..' ..... . ,~...~'..~'.C~.~. ............. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in fhe"English language, once each week, for../., successive weeks; that it was first so published on . Z~ 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 .... ........ ................................................... (NOTARIAL SEAL) Notary Public ............................... County, Minnesota My Commission Expires .............................. 19 ......