2007 ORD
ORDINANCE NO. 07-01
AN ORDINANCE AMENDING THE NEW HOPE SUBDIVISION CODE BY
EST ABLISIDNG A DEFINITION FOR "BillLDABLE LAND" RELATING TO PARK
DEDICATIONS WITHIN NEW SUBDIVISIONS
The City Council of the City of New Hope ordains:
Section 1. Section 13-2(b) "Definitions" of the New Hope City Code is hereby amended
by adding a new subsection titled "Land, buildable" to read as follows:
Land, buildable. Buildable land shall mean land situated within the boundary lines
of any lot or parcel of a subdivision that is not considered a wetland or water body,
or is not within a 100 year flood fringe, floodway, utility, transmission or right-of-
way easement.
Section 2. Section 13-7(i)(1) "Dedication required" of the New Hope City Code is hereby
amended to read as follows:
(1) Dedication required. As a condition of approval of any plat, replat,
subdivision or lot division allowing development of land for residential,
commercial, industrial or other uses or combination thereof, a reasonable portion
of the buildable land to be divided must be dedicated to the public or preserved for
public uses as parks, playgrounds, trails or open space. This requirement applies
to plats, replats, subdivisions or lot divisions that (i) create at least one additional
lot or provide for at least one additional dwelling unit, or (ii) combine lots for the
purpose of development involving changes or mixed land uses or the intensification
of uses, or (iii) consist of a planned unit development as defined and regulated by
the zoning code. The Ek."€licat-te-R---reqllirements are not s~itisfieEl-H':""tfl€-City shall
reasonably determine if ffiat--the buildable land proposed for dedication is suitable
for public recreational use based on the following factors. Further, the dedication
required by this section is in addition to dedication required for streets, roads,
utilities, storm waterponding areas or similar utilities and improvements
a. The land must be conveniently located to the intended users being served by
the dedication.
b. The dedicated buildable land must be adequate in size, shape, topo.graphy,
geology, hydrology, tree cover, access and location for future park needs
consistent with the City's Comprehensive Park Plan.
c. Wetlands, ponding areas and drainage ways are not suitable for park
dedication credits. Dedicated park land must be above the ordinary high
water level as determined by the City Engineer.
1
d. Land with grades exceeding twelve percent (12 %) is not suitable for park
dedication.
e. Land contaminated by any pollutants or contammg trash, junk and/or
unwanted structures is not suitable for park dedication.
Section 3. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 23rd day of
July
,2007.
. ;.:;;1
/ ..y::;
Attest: iZlJ!j../CLti ?t6l'l..e..-
Valerie Leone:City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 2nd day of August
,20
.)
P:\ATTORNEY\SAS\J CLIENT FILES:2 CITY OF NEW HOPE:99.S070l'99.S070J.PROP ORDINANCE DEFINING BUILDABLE LAND FOR PARK DEDDOC
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
GII. NH. Crvstal, Robbinsdale Sun-Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week, for one successive
week(s); it was first published on Thurs-
day, the .-2.- day of August
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the ____ day of
,2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
a bcde f g hi jklm no pq rstuvwxyz
'~~
CFO
Subscribed and sworn to or affirmed
before me on this ~ day of
AUGust . 2007.
/ A kt2~~~
Notary Public
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
,2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of New Hope
(Official Publication)
ORDINANCE NO. 07-01
AN ORDINANCE AMENDING THE NEW HOPE
SUBDIVISION CODE BY ESTABLISHING A
DEFINITION FOR "BUILDABLE LAND" RELATING TO
PARK DEDICATIONS WITHIN NEW SUBDIVISIONS
The City Council of the City of New Hope ordains:
Section 1. Section 13-2(b) "Definitions" of the New
Hope City Code is hereby amended by adding a new sub-
section titled "Land buildable" to read as follows:
Land. buildable. Buildable land shall mean land situ-
ated within the boundary lines of anv lot or Darcel of a
subdivision that is not considered a wetland or water
body. or is not within a 100 vear flood frinoe. floodwav.
utilitv. transmission or right-of-wav easement.
Section 2. Section 13-7(i)(1) "Dedication reouired" of
the New Hope City Code is hereby amended to read as
follows:
(1) Dedication required. As a condition of approval of
any plat, replat, subdivision or lot division allowing de-
velopment of land for residential, commercial, indus-
trial or other uses or combination thereof, a reason-
able portion of the buildable land to be divided must
be dedicated to the public or preserved for public uses
as parks, playgrounds, trails or open space. This re-
quirement applies to plats, replats, subdivisions or lot
divisions that (i) create at least one additional lot or
provide for at least one additional dwelling unit. or (ii)
combine lots for the purpose of development involving
chanaes or mixed land uses or the intensificaHon of
uses: or (iii) consist of a planned unit development as
defined and regulated by the zoning code. The City
shall reasonably determine if the buildable land pro-
posed for dedication is suitable for public recreational
use based on the following factors. Further, the ded-
ication required by this section is in addition to dedi.
cation required for streets, roads. utilities. storm wa-
terponding areas or similar utilities and improvements
a. The land must be convenientlv located to the in.
tended users beina served bv the dedication.
b. The dedicated buildable land must be adeouate in
size. shaDe. tooooraDhv aeoloov hvdroloov. tree
cover. access and location for future oark needs
consistent with the Citv's Comorehensive Park
Plan.
c. \iii8tlands. oondina areas and drainaae wavs are
not suitable for oark dedication credits. Dedicat-
ed Dark land must be above the ordinary hiah
water level as determined bv the Citv Enoineer.
d. Land with orades exceedlna twelve Dercent 112%)
is not suitable for oark dedication.
Co Land contaminated bv anv Dollutants or contain-
ino trash iunk and/or unwanted structures is not
suitable for oark dedication.
Section 3. Effective Date. This Ordinance shall be ef-
fectiva upon its passage and publication.
Dated the 23rd day of July. 2007.
Attest:
Valerie Leone. City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
2nd day of August. 2007)
(Aug. 2.2007) p2.0rd 07-01
ORDINANCE NO, 07-02
AN ORDINANCE AMENDING
CHAPTER 4 OF THE NEW HOPE
CITY CODE RELATING TO
OUTDOOR LIVING SPACE AND
ACCESSORY STRUCTURES
The City Council of the City of New Hope ordains:
Section 1. Section 4-2(b) "Definitions" of the New Hope City Code is hereby
amended by adding defInition subsection "Outdoor living space" to read as follows:
Outdoor livinR soace means any detached accessory building utilized as a living space, such
as a gazebo, spa house, screened porch, or play house.
Section 2. Section 4-3(6) "Limit on Numbers" of the New Hope City Code is hereby
amended to read as follows:
( ('")
LI.
Section 4-3(6) "Limit on Numbers". Every lot in the R-1 and R-2 zoning districts shall be
limited to no more than two accessory buildings, including an attached garage. An.
exception for a third accessory building may be accommodated, if the structure qualifies as
an outdoor living spaces, as defined in Section 4-2(b) and falls within the parameters of the
cumulative floor area allowed for the district.
Section 3. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 13th day of August
,2007.
Attest:
Valerie Leone,
(Published in the New Hope-Golden Valley Sun-Post the 22nd day of August
2007. )
?'\ATiORJ~EY\CNH ORDINANCES\99.80701 ORn 07.02(ACCESSORY STRUCTURES).OOC
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
GII. NH. Crvstal. Robbinsdale Sun-Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week, for one_ successive
week(s); it was first published on Thurs-
day, the ~ day of August ,
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the __ day of
,2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
a b cdef g h i j kl mn 0 pq rstu vwxyz
~
CFO
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
~) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of New Hope
(Official Publication)
ORDINANCE NO. 07-02
AN ORDINANCE AMENDING
CHAPTER 4 OFTHE NEW HOPE
CITY CODE RELATING TO
OUTDOOR LIVING SPACE AND
ACCESSORY STRUCTURES
The City Council of the City of New Hope ordains:
Section 1. Section 4-2(b) "Definitions" of the New
Hope City Code is hereby amended by adding definition
subsection "Outdoor living space" to read as follows:
Outdoor livino soace means an!, detached accessorv
buildino utilized as a living soace such as a gazebo soa
house. screened oorch or olav house.
Section 2. Section 4-3(6) "Limit on Numbers" of the
New Hope City Code is hereby amended to read as fol-
lows:
Section 4-3(6) "Limit on Numbers". Every lot in the R-
1 and R-2 zoning districts shall be limited to no more
than two accessory buildings, including an attached
garage. An exceotion for a third accessorv building
may be accommodated. if the structure oualifies as an
outdoor livino soaces. as defined in Section 4-2(b)
and falls within the oarameters of the cumulative floor
area allowed for the district.
Section 3. Effective Date. This Ordinance shall be ef-
fective upon its passage and publication.
Dated the _ day of ,2007.
Martin E. Opem, Sr., Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
_ day of ,2007.)
(Aug. 23, 2007) p2-0rd 07-02
ORDINAL~CE NO. 07-03
AN ORDINANCE AMENDING
CHAPTER 4 OF THE NEW HOPE
CITY CODE RELATING TO
OFF ROAD VEHICLES, RECREATIONAL VEHICLES
AND EXTERIOR STORAGE
The City Council of the CityofNew Hope ordains:
Section 1. Section 4-2(b) "Definitions" of the New Hope City Code is hereby amended by
amending "Recreational vehicle" and adding "Off road vehicle" to read as follows:
Recreational vehicle means self-propelled or trailered vehicles which are used primmily for
recreational-leisure time activities including, but not limited to~, campers, tent trailers, motor
homes or other vehicles used for temporary living quarters, boats, all tenain vehicles, snowmobiles,
golf carts, race cars, stockcars, motorcycles, utility trailers, similar vehicles or
equipment.
O(froad vehicle means a motor-driven recreational vehicle capable of cross-country travel on
natural tenain without the benefit of a road, trail or paved or gravel driving surface.
Section 2. Section 4-3(d)(9) "Exterior Storage" of the New Hope City Code is hereby
amended to read as follows:
(9) "Exterior Storage". All materials and equipment, except as specifically authorized
elsewhere in this Code shall be stored within a building or fully screened so as not to be visible
from adjoining properties or public street right-of-\vay, except for the following:
a. Clothesline pole and wires.
b. Recreational equipment and vehicles.
1. Recreational equipment and vehicles may be stored in the front, side or
rear yards.
2. Front yard storage shall meet the following standards:
1. Must be on u.-bituminous. aSDhalt or other hard surface e.fmaterial
that is durable, weather resistant, -arrElsuitable to control dust and
Landscaped yard or grass areas are not suitable
for storage.
1
11. All front yard storage must be set back 15 feet from the street curb
and storage shall not encroach on any sidewalk.
111. Storage shall not occur in a required parking stall.
3. The designated storage area shall maintain at least a five foot
setback fi'om side or rear property lines and shall be screened
80% opacitv from adjoining properties through either landscaping
or fencingJQ.fLnl<l.xinJJliJ.l1:lS~.igbLo...:L0.f~~L
4. No more than tlu'ee (3) recreational vehicles or equipment mav be stored
on a property. One or more recreational vehicles stored on a trailer shall
constitute one vehicle for the purpose of this section.
c. Construction and landscaping material cunently being used on the premises.
d. Off-street parking of passenger vehicles and trucks not exceeding a gross weight of
12,000 pounds in R-l, R-2, R-3 and R-4 district.
e. The following vehicles and equipment may not be stored or parked outside as exterior
stQI(lgs:.QJlmJVP[QP~rtyin the R-L R-2. R-3. R-4. R-5. R-O and R-B zoning districts:
I. Faml tractors and equipment.
2. Militarv vehicles. including but not limited to. half-tracks. troop
transports and tanks.
3. Semi-tractors or trailers.
4.
5. Skid loaders.
6. Any commercial vehicles or trailers not defined as recreational
vehicles with a gross weight greater than 12.000 pounds.
Section 3. Effective Date. This Ordinance shall be effective upon its passage and
publication.
2
Dated the 27th day of August, 2007.
JM~~
. . . E. Opem, Sr., ayor
,
Attest: ~.L~Y'--"-
V alene Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 6th dayof September
P:\.A. TTOP...\'EY\SA.5\l CUE~T FlLES.2 ern' OF NEV: HOPE\99-S0iOj\ORD Oi..Q]-SA$4.DOC
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
GII. NH. Crvstal. Robbinsdale Sun-Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week, for ~~ successive
week(s); it was first published on Thurs-
day, the .-6- day of September
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the ___ day of
,2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
a bcde f g h i j kl m no pq rstuvw xy z
'::;i(~
CFO
Subscribed and sworn to or affirmed
before me on this ~ day of
September , 2007.
/}/}_, /1 /) ~7
i! j/LU/~f~~~
v L/ I . Notary..pOblic
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
,2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of New Hope
(Official publication)
ORDINANCE NO. 07-03
AN ORDINANCE AMENDING
CHAPTER 4 OFTHE NEW HOPE
CITY CODE RELATING TO
OFF ROAD VEHICLES, RECREATIONAL VEHICLES
AND EXTERIOR STORAGE
The City Council of the City of New Hope ordains:
Section 1. Section 4-2(b) "Definitions" of the New
Hope City Code is hereby amended by amending "Recre-
ational vehicle" and adding "Off road vehicle" to read as
follows:
Recreational vehicle means self-propelled or trailered
vehicles which are used primarily for recreational-leisure
time activities including, but not limited to, campers, tent
trailers, motor homes or other vehicles used for temporary
living quarters, boats, all terrain vehicles, snowmobiles,
oolf carts. race cars. stockcars, motorcycles, utility trail-
ers, off-road vehicles and similar vehicles or equipment.
Off road vehicle means a motor-driven recreational
vehicle caDable of cross-countrv travel on natural terrain
without the benefit of a road. trail or oaved or cravel dri-
ving surface.
SectiDn 2. Section 4-3(d)(9) "Exterior StoraDe" of the
New Hope City Code is hereby amended to read as fol-
lows:
(9) "Exterior Storage". All materials and equipment,
except as specifically authorized elsewhere in this Code
shali be stored within a building or fully screened so as not
to be visible from adjoining properties or public street
right-of-way, except fDr the fDllowing:
a. Clothesline pDle and wires.
b. Recreational equipment and vehicles.
1. Recreational equipment and vehicles may be
stDred in the front, side or rear yards.
2. Front yard storage shall meet the following stan-
dards:
i. Must be on bituminous. asphalt or other hard
suriace material that is durable. weather re-
sistant, suitable to control dust and drainage
and at a minimum consists of 2 inches of rock
or other rDck-type material. Landscaped yard
Dr grass areas are nDt suitable for storage.
Ii. All lront yard storage must be set back 15 feet
from the street curb and storage shall not en-
croach on any sidewalk.
Iii. Storage shall not occur in a required parking
stall.
3. The designated storage area shall maintain at
least a five foot setback from side or rear proper.
ty lines and shall be screened tD an 80% opacity
lrDm adjoining prDpertles through either land-
scaping or lencing tD a maximum height 01 6 feet.
, No mors than three (3) recreational vehicles or
8cJuio-meni-mav'iJestored on'aoroDertv~One~cir
more recreational vehicles stored on a trailer shall
constitute one vehicle for the ouroose of this sec-
lion.
c. Construction and landscaping material currently
being used on the premises.
d. Olf.street parking of passenger vehicles and trucks
not exceeding a gross weight of 12.000 pounds in R-
1. R.2. R.3 and R-4 districl.
8. The followin9 vehicles and eauioment mal! not be
stored or oarked outside as exterior storaae on any
oroDertv in the R.1. R-2. R-3. R-4. R-5. R-O and R-B
zonino districts:
1. Farm tractors and eDuioment.
2 iV1iiiiarvvehicTe5.iiiCi'iJdinabUt not limited to. half-
tracks. trooo transDorts and tanks.
3. Semi-tractors or trailers.
4. Snow Dlow units detached from a truck or vehicle
used to olov/ snoVJ.
5. Skid loaders.
6. Anv commercial vehicles or trailers not defined as
recreational vehicles with a moss weiaht areater
than 12.000 oounds.
Section 3. Eiiective Date. This Ordinance shall be ef-
iective upon its passage and publicatiDn.
Dated the 27th day 01 August, 2007.
Martin E. Opem. Sr., Mayor
Attest:
(Published In the New Hope-Golden Valley Sun-Post the
_ day of .2007.)
(Sepl. 6,2007) p2-0rd 07-03.sas4
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
GII. NH. Crvstal. Robbinsdale Sun-Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week, for one successive
week(s); it was first published on Thurs-
day, the ~ day of August ,
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the ___ day of
, 2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abc d efg hij kl m no pq rs tu vwxyz
'~
. CFO
Subscribed and sworn to or affirmed
before me on this .-lL- day of
Auqust ,2007.
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of New Hope
(Official Publication)
NOTICE OF PUBLIC HEARING TO CONSIDER
ORDINANCE
AMENDING NEW HOPE ZONING CODE
City of New Hooe. Minnesota
Notice is hereby given that the City Council of the City
of New Hope. Minnesota. will meet on the 27th day of Au-
gust. 2007, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon
Avenue North, in said City for the purpose of holding a
public hearing to consider the adoption of an ordinance
amending the New Hope Zoning Code.
Said ordinance will have the affect of defining recre-
ational and off road vehicles. The ordinance will also
amend the City's exterior storage regulations limiting ex-
terior storage of recreational vehicles to three vehicles per
property, prohibiting exterior storage of other kinds of non-
recreational vehicles and equipment like farm tractors and
snow plow units, requiring that storage in front yards be
on a bituminous. asphalt or 2 inch crushed rock surface
and requiring storage in side yards be screened from view
up to a maximum of 6 feet. New Hope Code ss4-2(b) and
4-3(d)(9) will be amended by this ordinance.
All persons interested are invited to appear at said
hearing for the purpose of being heard with respect to the
zoning code amendment.
Accommodations such as sign language interpreter
or large printed materials are available upon request at
least 5 working days in advance. Please contact the City
Clerk to make arrangements (telephone 531-5117, TDD
number 531-5109).
Dated the 30th day of July. 2007.
sf Valerie J. Leone
Valerie J. Leone. City Clerk
(Published in the New Hope.Golden Valley Sun-Post on
the 9th day of August. 2007.)
(Aug. 9.2007) p2-NOPH Rezoning File 99-80703
ORDINANCE NO. 07-04
AN ORDINANCE AMENDING
CHAPTERS 1 AND 3 OF THE NEW HOPE
CITY CODE RELATING TO
\VHIRLPOOL TUBS AND
PRIVATE SWlMMING POOLS
The City Council ofthe City of New Hope ordains:
Section 1. Section 1-2 "Definitions" of the New Hope City Code is hereby amended to
read as follows:
W71irlpool tub means anv pooL tank. vessel or other st1l1cture which shall cause retaining
of water over a depth greater than 18 inches in ,vhich an agitating device propels a current of
warm \vater \'lith a s,virling motion which shall be designed or used for relaxation. hvdrotherapv.
or immersion purposes bv men. women or children. used or intended to be used solely by the
property owner. or tenant thereof. and his familv and friends.
Section 2. Section 3-25(b)(1) "Enclosed by fence" of the New Hope City Code is hereby
amended to read as follows:
Section 3-25(b )(1) "Enclosed by fence".
(1) Pools on location. All private swimming pools, including inflatable pools, placed, in
use or constructed on any property shall be completely surrounded by a fence or wall not
less than four feet in height, which shall be so constructed as not to have openings, holes
or gaps larger than four inches in any dimension, except for doors and gates. A dwelling
house or accessory building may be used as part of such enclosure, but otherwise the
fence or wall shall be erected on the ground. All gates or doors opening through such
enclosure shall be equipped with a self-closing and self-latching device for keeping the
gate or door securely closed at all tinles when not in actual use, except that the door of
any dwelling which forms a part of the enclosure need not be so equipped. The fence
shall be a type not readily climbed by children. Except ,vhirlpool tubs not enclosed by a
fence or other enclosure shall have a locking cover installed when the tllb is not
occupied by property ovmer. tenant or guest to make the \vhirlpool tub inaccessible to
children.
Section 3. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 27th day of August
,2007.
1
J}~~~
M i E. Opem, Sr., yor
Attest:
'k~
~~ ,/. ,
, / j /J -I/iL' i 'Yl-A
Valerie Leone, CIty Clerk
(Published in the New Hope-Golden Valley Sun-Post the 6th
2007.)
day of September
P:'ATIOR.1'~El''\JCnl-CUEN-r FOLDERS\CITY OF };.'EW HOPE\99.80i04 ORDrN.-\.;.'iCE w PRlVATE SWI~llYnNG POOLS\99.BOi04 ORDIN.A.::~CE.OOC
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
GII. NH. Crvstal. Robbinsdale Sun-Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week, for _..9..lliL- successive
week(s); it was first published on Thurs-
day, the ~ day of September
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _ day of
,2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
a bcdafg h i j kl m no pq rs tuvwx yz
'~?1(
CFO
Subscribed and sworn to or affirmed
before me on this -L- day of
September ,2007.
if
MARY ANN CARLSON
NOTARY PUBUC-MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
,2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of New Hope
(Official Publication)
ORDINANCE NO. 07-04
AN ORDINANCE AMENDING
CHAPTERS 1 AND 3 OFTHE NEW HOPE
CITY CODE RELATING TO
WHIRLPOOL TUBS AND
PRIVATE SWIMMING POOLS
The City Council of the City of New Hope ordains:
Section 1. Section 1-2 "Definitions" of the New Hope
City Code is hereby amended to read as follows:
Whir/oool tub means any 0001. tank. vessel or other
structure which shall cause retainino of water over a deoth
greater than 18 inches in which an aaitating device oro-
pels a current of warm water with a swirling motion which
shall be desianed or used for relaxation. hvdrotheraoy. or
immersion ourooses bv men. women or children. used or
intended to be used solely bv the orooerty owner. or ten-
ant thereof. and his familv and friends.
Section 2. Section 3-25(b)(1) "Enclosed by fence" of
the New Hope City Code is hereby amended to read as
follows:
Section 3-25(b)(1) "Enclosed by fence".
(1) Pools on location. All swimming pools to be con-
structed or which are already constructed shall be
completely surrounded by a fence or wall not less than
four feet in height, which shall be so constructed as
not to have openings. holes or gaps larger than four
inches in any dimension. except for doors and gates.
A dwelling house or accessory building may be used
as part of such enclosure. but otherwise the fence or
wall shall be erected on the ground. All gates or doors
opening through such enclosure shall be equipped
with a self-closing and selHatching device for keeping
the gate or door securely closed at all times when not
in actual use. except that the door of any dwelling
which forms a part of the enclosure need not be so
equipped. The fence shall be a type not readily
climbed by children. Exceot whirloool tubs not en-
closed by a fence or other enclosure shall have a lock-
ing cover installed when the tub is not occuoied bv
orooerty owner. tenant or guest. to make the whirloool
tub inaccessible to children.
Section 3. Effective Date. This Ordinance shall be ef-
fective upon its passage and publication.
Dated the 27th day of August, 2007.
Martin E. Opem. Sr., Mayor
Attest:
Valerie Leone. City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
_ day of .2007.)
(Sept. 6.2007) p2-0rd 07-04
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
GII. NH. Crvstal. Robbinsdale Sun-Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(8) The printed public notice that is attached
was published in the newspaper once
each week, for one successive
week(s); it was first published on Thurs-
day, the ~ day of August ,
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the ___ day of
, 2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg hijkl mnopq rstuvwxyz
'~1[
CFO
Subscribed and sworn to or affirmed
before me on this ~ day of
AUGust ,2007.
City of New Hope
(Official Publication)
NOTICE OF PUBLIC HEARINGTO CONSIDER
ORDINANCE
AMENDING NEW HOPE BUILDING CODE BY
DEFINING
WHIRLPOOL TUB AND REQUIRING WHIRLPOOL
TUBS TO BE INSTALLED WITH LOCKING COVER
Cilv of New Hone. Minnesota
Notice is hereby given that the City Council of the City
of New Hope. Minnesota, will meet on the 27th day of Au-
gust, 2007, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon
Avenue North. in said City for the purpose of holding a
public hearing to consider the adoption of an ordinance
amending the New Hope Building Code.
Said ordinance will have the affect of defining a
whirlpool tub and requiring that whirlpool tubs be installed
with a locking cover if not enclosed by a fence. The ordi-
nance will amend New Hope Code 991-2 and 3-25(b)(1).
All persons interested are invited to appear at said
hearing for the purpose of being heard with respect to the
building code amendment.
Accommodations such as sign language interpreter
or large printed materials are available upon request at
least 5 working days in advance, Please contact the City
Clerk to make arrangements (telephone 531-5117. TDD
number 531-5109).
Dated the 30th day of July, 2007.
sf Valerie J. Leone
Valerie J, Leone, City Clerk
(Published in the New Hope.Golden Valley Sun-Post on
the 9th day of August, 2007,)
(Aug. 9,2007) p2-NOPH File 99-80704
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
ORDINA1~CE NO. 07-06
AN ORDINANCE AlVIENDING
CHAPTER 10 OF THE NEW HOPE CITY CODE
REGULATING HOURS OF OPERATION
FOR "ON SALE" INTOXICATING
LIQUOR ESTABLISHMENTS
The City Council of the City of New Hope ordains:
Section 1. Section 10-54(B)(1) "Hours" of the New Hope City Code is hereby amended to
read as follows:
(b) Hours. Restricted hours of operation shall be as follows:
(I) Restlicted hours for "on sale" intoxicating liquor establishments.
tlu-ough Saturday no sales between
a.m. and 8:00 a.m.
stJ):Sunday no sales after a.m., except establislmlents having a "Special
license for Sunday liquor sales" may sell between the hours of 10:00 a.m. and
~-;j::,.Holidays No sales between 8:00 p.m. on December 24 and 8:00 a.m. on
December 25. In the e\'ent Decen:ber 31 falls on a Sanduy, sules will be
permitted until 1 :00 ~'...m. on Janaary 1 bJ' ;:;stublishments with a "speci2.llicense
for S'cll1day s2.les" notwithstanding sabsecti01: (1)0. aEd c of this section.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 26th day of February, 2007.
/
/ '."~_/
!~) ,..f
Attest: /71 ~ JL-.~)IL
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 8th day of March
,2007.)
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as Sun-Post
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification
as a qualified newspaper as provided by Minn. Stat. S331A.02, S331A.07, and other
applicable laws as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of
March
, 2007, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of
, 2007; and printed below
is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publica-
tion of the notice:
abcdeighij klmnopq rstuvwxyz
BY~
CFO
Subscribed and sworn to or affirmed before me
on this ~ day of March ,2007.
(/1 ~
/i
. · l{M (~(~
Nbtary ublic jV
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6.20 per line
(3) Rate actually charged
$
1.30 per line
City of New Hope
(Ofiicial Publication)
ORDINANCE NO. 07-06
AN ORDINANCE AMENDING
CHAPTER 10 OF THE NEW HOPE CITY CODE
REGULATING HOURS OF OPERATION
FOR "ON SALE" INTOXICATING
LIQUOR ESTABLISHMENTS
The City Council 0\ the City of New Hope ordains:
Section 1. Section 10-54(8)(1) "Hours' 0\ the'r,ew
Hope City Code is hereby amended to read as iollows:
(b) Hours. Restricted hours 0\ operation shall be as ioi-
lows:
(1) Restricted hours for "on sale" intoxicating liquor
establishments.
a. Monday through Saturday no sales between
2:00 a.m. and 8:00 a.m.
b. Sunday no sales after 2:00 a.m., except es-
tablishments having a "Special license ior
Sunday liquor sales" may sell bet\-veen the
hours 0\ 10:00 a.m. Sunday and 2:00 a.m.
Monday.
c. Holidays No sales between 8:00 p.m. on De-
cember 24 and 8:00 a.m. on December 25.
Section 2, Efiective Date, This Ordinance shall be ef-
iective upon its passage and publication.
Dated the 26th day 0\ February 2007.
Attest:
(PU~.lishe? ,in t!'1e, ::\Jev< Hope:G::~d.en Valley Sun-Post the
~_ oay OT;\'ieJ:;:Jl,_____, .::::OU!.)
ORDINANCE NO. 07-07
AN ORDINANCE AMENDING
RENT AL PROPERTY REGISTRATION FEE
The City Council of the City of New Hope ordains:
Section 1. Section 14-2(10) "Rental property registration fee" of the New Hope City Code
is hereby amended to read as follows:
10) Rental property registration fee. The annual fee amounts for the rental property registration
required by section 3-31 of this Code shall be determined according to the following fee grid:
TABLE INSET:
Rental Units in Annual Registration Fee Annual Registration Fee
Building (Best Practices participant only)
Single- family $65.00 N/A
Two-family ~$130.00 N/A
Three or more $130.00 per building plus $20.00 for $65.00 per building plus $4.50 for
every unit therein every unit therein.
Double fee. If registration is not made within the time set forth in section 3-31, the fee shall double
as required by subsection 3-31(e)(5) of this Code.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 9th day of April
,2007.
JJ ~
I . )
Attest: I t1IL/LLl f.... '~i}Lt
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 19thdayof April
,2007.)
P:\t\ TTORNEY\SAS\ 1 CLIENT FlLES\! CITY OF NEW HOPE\99-80707\(){)2-0RDINANCE 07-07 (AMEND FEEl. DOC
1
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as Sun-Post
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification
as a qualified newspaper as provided by Minn. Stat. S331 A.02, S331 A07, and other
applicable laws as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of
April
, 2007, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of
, 2007; and printed below
is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publica-
tion of the notice:
abcdeighij klmnopq rs tuvwxyz
,/7 rrLJ
L/'
Subscribed and sworn to or affirmed be'
on this ~ day of April
;11tUt/N
Notary Public /
I
e
City of New Hope
The City Council of the City of New Hope ordains:
Section 1. Section 14-2(10) "Rental property registration fee" of the New Hope City Code is hereby amended to read
as follows:
00 i NfA
i S130.00 per building plus 520.00 for every 565.00 per building pius S4.50 for every
: unit therein unit therein.
Doubfe fee. If registration is not made within the time set forth in section 3-31, the fee shail double as required by sub-
section 3-31 (e)(5) of this Code.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication.
RATE Dated the 9th day of April. 2007.
(1) Lowest classified rate paid by comm
for comparable space
Attest:
(Published in the New Hop'e-Go!den VaHey Sun-Post the 19th
f April. 2007.)
(3) Rate actually charged
(2) Maximum rate allowed by law
ORDINANCE NO. 07-09
AN INTERIM ORDINANCE TEMPORARlL Y PROHIBITING
FLASHING, ILLUMINATED AND MOTION SIGNS
WITHIN THE CITY OF NEW HOPE
The City Council of the City of New Hope ordains:
Section 1. New Hope Code Section 1-50) "Temporarvprohibition of flashing. illuminated and motion
sims" is hereby added to the New Hope City Code to read as follows:
Section 1-5U). Temporary prohibition of flashing, illuminated and motion signs.
1. The City of New Hope has zoning and building regulations prohibiting signs with
moving sections or intermittent or flashing lights, except for reader boards that may
display a changing graphic image but which must be displayed for a minimum of
three seconds. The sign industry has developed new technology that includes
electronic and digital displays commonly known as LED displays that are extremely
bright, distracting and change on a frequent basis.
2. City staff is directed to study the existing zoning and building regulations governing
signs to determine if code amendments are advisable to address this new LED sign
technology.
3. All property located within the City of New Hope (the "property") is affected by this
interim ordinance.
4. The interim ordinance is adopted and is applicable to the property for the purpose of
protecting the planning process and the health, safety and welfare of the city's
residents.
5. Commencing on the effective date of this ordinance and ending on April 30, 2008, or
such sooner time as the city council may determine, the property shall be subject to
the following:
a. Signs, which are visible from a city street, that: (i) have any revolving,
moving, flashing, blinking or animated characters, or (ii) have any image
that changes, including reader boards, or (iii) contain any electronic or LED
display, are prohibited from being constructed, reconstructed, erected,
installed or expanded.
b. No application for a permit, a conditional use permit, or any other city
approval, for any sign as identified in subsection (5)(a) shall be accepted,
reviewed, processed or granted.
1
c. This interim ordinance is adopted per the authority of Minn. Stat. S
462.355(4).
d. The prohibitions in section (5)(b) do not apply to actions necessary to
correct violations of the city code, as determined by the city.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication.
Dated the 29th day of May, 2007.
Attest: tfIUU(~U
Valerie Leone~ CIty Clerk
(Published in the New Hope-Golden Valley Sun-Post the 7th day of June
,2007.)
P:\A.TTOR.."iEYlSAS\l CLIENT FILES\2 CITY OF :-;'EW HOPE\99~80709\001.QRDINANCE ?-lQ. Qj..09.DOC
2
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
Sun-Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week, for one successive
week(s); it was first published on Thurs-
day, the ~ day of June
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the ____ day of
, 2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcde fg h i j kl m nopq rs tuvwxy z
'~1(
CFO
City of New Hope
(Official Publication)
ORDINANCE NO. 07-09
AN INTERIM ORDINANCE TEMPORARILY
PROHIBITING FLASHING, ILLUMINATED AND
MOTION SIGNS WITHIN THE CITY OF NEW HOPE
The City Council of the City of New Hope ordains:
Section 1. New Hope Code Section 1-5(j) "Temoorary
prohibition of f1ashino. illuminated and motion sions" is
hereby added to the New Hope City Code to read as fol-
lows:
Section 1-5(j). Temporary prohibition of flashing,
illuminated and motion signs.
1. The City of New Hope has zoning and building regu-
lations prohibiting signs with moving sections or inter-
mittent or flashing lights, except for reader boards that
may display a changing graphic image but which must
be displayed for a minimum of three seconds. The sign
industry has developed new technology that includes
electronic and digital displays commonly known as
LED displays that are extremely bright, distracting and
change on a frequent basis.
2. City staff is directed to study the existing zoning and
building regulations governing signs to determine if
code amendments are advisable to address this new
LED sign technology.
3. All property located within the City of New Hope (the
"property") is affected by this interim ordinance.
4. The interim ordinance is adopted and is applicable to
the property for the purpose of protecting the planning
process and the health, safety and welfare of the city's
residents.
5. Commencing on the effectivB date of this ordinance
and ending on April 30, 2008, or such sooner time as
the city council may determine, the property shall be
subject to the following:
a. Signs, which are visible from a city street, that: (i)
have any revolving, moving. flashing, blinking or
animated characters, or (ii) have any image that
changes, including reader boards, or (iii) contain
any electronic or LED display, are prohibited from
being constructed, reconstructed. erected, in-
stalled or expanded.
b. No application for a permit. a conditional use per-
mit. or any other city approval. for any sign as
identified in subsection (5)(a) shall be accepted,
reviewed. processed or granted.
c. This interim ordinance is adopted per the author-
ity of Minn. Stat. S 462.355(4).
d. The prohibitions in section (5)(b) do not apply to
actions necessary to correct violations of the city
code, as determined by the city.
Section 2. Effective Date. This Ordinance shall be ef-
lective upon its passage and publication.
Dated the 29th day 01 May. 2007.
Martin E. Opem. Sr.. Mayor
Attest:
Valerie Leone. City Clerk
(Published in the New Hope.Go/den Valley Sun-Post the
day of .2007.)
(June 7,2007) p2-0rd 07-09-VL
Subscribed and sworn to or affirmed
before me on this -L- day of
June , 2007.
d 7 /
/ .J
o t/,-~0CtI~
Notary Public
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
ORDINANCE NO. 07-10
AN ORDINANCE AMENDING THE NEW HOPE
ZONING AND SIGN CODE TO PROVIDE REGULATION
FOR ROOF TOP EQUIPM:ENT, TRASH ENCLOSURES,
LIGHTING, PARKING AREA LANDSCAPING AND
PROJECTING SIGNS CONSISTENT WITH
PROPOSED DESIGN GUIDELINES
The City Council of the City of New Hope ordains:
Section 1. Section 4-3(b)( 5)( c) "Mechanical equipment must meet the following standards"
of the New Hope City Code is hereby amended by amending subsection 4-3(b)(5)(c) to read as
follows:
4-3(b)(5)(c) Mechanical and rooftop equipment must meet the following standards:
1. Rooftop mechanical equipment shall not exceed the building height
standards by more than fineen feet.
2. All rooftop and ground mounted mechanical equipment shall be
buffered so as to mitigate noise in compliance with chapter 9 of the
City Code.
3. All ground mounted equipment shall be completely screened from
view from adj acent properties and the public right-of-way by enclosures
constructed of durable and permanent materials with architectural
elements (type, quality and appearance) similar and compatible to the
principal structure. .
4. All rooftop equipment shall be screened from view from across adjacent
streets fifteen (15) feet behind the curb or adjacent properties at the
property line.
5. Rooftop equipment shall be completely screened by the building parapet,
or the equipment should be grouped behind an enclosure and set back a
distance of one and one-half (1.5) times its height from any primary
fayade fronting a public street.
6. Screens shall be of durable, permanent materials (not including wood)
that are compatible with the primary building materials.
7. Exterior mechanical equipment, such as ductwork, shall not be located on
primary building facades.
1
. .
Section 2. Section 4-3(b)(6) "Accessory structures" of the New Hope City Code is hereby
amended by adding subsection 4-3 (b)(6)(i) "Trash enclosures" to read as follows:
(i) Trash Enclosures. IndustriaL commerciaL and institutional uses must provide
trash enclosures for anywaste containers that contain refuse and recyclable material
or equipment that meet the following standards:
1, Trash enclosures located forvvard ofthe principal building must meet
all of the setback requirements for the principal .
2. Trash enclosures . located in the rear or side yards shall meet all
applicable accessory building setback requirements.
3, Trash enclosures for waste containers must fully screen the
containers from view from adjacent properties and the public right-
of-way.
4. Trash enclosures must be constructed with walls of architectural
elements (type, quality and appearance) similar to the principal
structure.
5. Trash enclosures shall be located in an accessible location for pick -up
vehicles.
Section 3. Section 4-3(d)(5) "Glare" of the New Hope City Code is hereby amended by
amending subsection 4-3(d)(5) to read as follows:
4-3(d)(5) Gbre. .^..ny lighting used to illlliilinate an off street parking urea, sign, or other
structure, shall be :lITlli"'1ged to deflect direct light ay:ay from any adj oi~"'1g residential zone or frow
the public streets. Direct or sky reflected glare, ',yhether from floodlights or from high temperature
processes such as combustion or ',,-elding shall not be directed into any adjoining property. The
source of lights shall be hooded or controlled in a manner so as not to light adjacent property. Bare
incandescent light bulbs shall not be permitted in '(ie',,' of property adjacent to the public right of
wa)'. Any light or combination oflights '(,'hich cast light on a public street shall not e:~ceed one foot
candle (meter reading) as meo.cured from the conter line of tho street. .^illy light or combination of
lights ",:hich cast light on residential property shall not exceed one foot clli"'1dle (meter reading) as
measured at or on the adjoining property.
4-3(d)(5) Outdoor lighting.
a. Purpose. The standards established in this section are designed to
encourage the use of lighting systems that will reduce light pollution,
minimize glare and overspill onto adj acent properties, and promote energy
conservation while increasing night time safety, utility, security and
productivity.
2
b. Exemptions. The provisions of this section shall not apply to the following:
1. The use oftemporar'y outdoor lighting used during customary holiday
seasons.
2. The use oftemporary outdoor lighting used for civic celebrations and
promotions.
3. Lighting required by a government agency for the safe operation of
airplanes, or security lighting required on government buildings or
structures.
4. Emergency lighting used by police, fire and rescue authorities.
c. Non-conforming uses.
1. Existing fixtures. All outdoor lighting fixtures or illuminated signs
existing and legally installed prior to August 1, 2007 are exempt from
the regulations ofthis section, but shall comply with the then existing
requirements for glare as follows: Any lighting used to illuminate an
off-street parking area, sign or other structure, shall be arranged as to
deflect light away from any adjoining residential zone or from the
public streets. Direct or sky-reflected glare, whether from flood lights
or from high temperature processes, such as combustion or welding,
shall not be directed into any adj oining property. The source of lights
shall be hooded or controlled in some manner so as not to light
adjacent property. Bare incandescent light bulbs shall not be
permitted in view of adjacent property or public right-of-way. Any
light or combination of lights which cast light on a public street shall
not exceed one (1) foot candle (meter reading) as measured from the
right-of-way light of said street. Any light of combination of lights
which cast light on residential property shall not exceed four-tenths
(0.4) foot candles (meter-reading) as measured from said property.
2. New fixtures. Whenever a light fixture that was existing on August
1, 2007 is replaced by a new outdoor, light fixture, the provisions of
this section shall be satisfied.
d. Intensity. No light source or combination thereof which cast light on a
public street shall exceed one (1) foot candle (meter reading) as measur~d
from the right-of-way line of said street nor shall any light source or
combination thereof which casts light on adjacent residential property
exceed four-tenths (0.4) foot candles (meter reading) as measured at the
property line per the method outlined in subsection d of this section.
3
e. Method of measuring light intensity. The foot-candle level of a light source
shall be taken after dark With the light meter held six (6) inches above the
ground with the meter facing the light source. A reading shall be taken
with the light source on, then with the light source off. The difference
betWeen the two (2) readings will be identified as the light intensity.
f. Performance standards.
1. Residential district standards. In all residential districts, any lighting
used to illuminate a structure, an off-street parking area, or other area
shall be arranged as to deflect light away from any adjoining
residential property or from any public right-of-way. Alllighting
shall be installed in accordance with the following provisions:
1. The light source shall be hooded or controlled so as not to light
adj acent property in excess of the maximum intensity defined in
subsection (d) of this section.
11. Bare light bulbs shall not be permitted in view of adjacent
property or public tight-of-way, unless part of a permanent or
decorative fixture.
2. Business/commercial/industrial district standards. In all business,
commercial, and industrial districts, any lighting used to illuminate a
structure, an off-street parking area, or other area shall be arranged so
as to deflect light away from any adjoining residential property or
from any public right-of-way. All lighting shall be installed in
accordance with the following provisions:
1. The luminaire shall contain a cutoff fixture so that light
intensity at or above ninety (90) degrees is no more than two
and one-half (2.5) percent of lamp lumens, and no more than
ten (10) percent of lamp lumens at a vertical angle of eighty
(80) degrees above nadir.
11. Light sources shall not be permitted so as to light adj acent
property in excess of the maximum intensity defined in
subsection d of this section.
111. Architectural/historicallight fixtures that feature globes that are
not shielded, or lighting of entire facades or architectural
features of a building may be approved by the City Council. In
no case shall the light affect adjacent property in excess of the
maximum intensity defined in subsection d of this section.
4
IV. The maximum height of the fixture and pole above the ground
grade permitted for light sources is twenty-five (25) feet.
Ground mounted and building mounted lighting located
adjacent to wal.k:ways at building entrances shall not exceed
fifteen (15) feet in height. A light source mounted on a building
shall not exceed the height of the building. In no case shall the
height of a light source mounted on a pole or on a building
exceed the height limits of the zoning district in which the use
is located, unless allowed by conditional use permit.
v. Location. The light source of an outdoor light fixture shall be
set back a minimum often (10) feet from a street right-of-way
or where a lot line abuts a residential property and five (5) feet
from an interior side or rear lot line.
vl.. Direct or reflected glare from high temperature processes, such
as combustion or welding, shall not be visible from any
adjoining property.
3. Outdoor recreation. Outdoor commercial or public recreational uses
such as, but not limited to, baseball fields, football fields, hockey
rinks, skate parks and tennis courts, have special requirements for
night time lighting. Due to these unique circumstances, they shall
comply with the following provisions:
1. No outdoor recreation facility, whether public or private, shall
be illuminated after 12:00 AM, except for security lighting.
11. Off-street parking areas for outdoor recreation uses which are
illuminated shall meet the requirements stated for
business/commercial/industrial district standards as found in
subsection (D(2) of this section.
g. Submission of plans. All applications, except single family residential, that
include outdoor lighting shall include evidence the proposed outdoor
lighting will comply with this section. The application shall contain the
following information, in addition to other required information:
1, Site plans indicating the location on the premises of all illuminating
devices, fixtures, lamps, supports, reflectors, and other lighting
devices.
2. Description of the type of illuminating devices, fixtures, lamps,
supports, reflectors, and other lighting devices (angle of cutoff). The
description shall_ include, but is not limited to, catalog cuts by
manufacturers and drawings (including sections where required).
5
3. Photometric plans illustrating the light emissions, and illumination
field of the proposed lighting.
h. Minimum Lighting Requirements. Adequate light levels shall be provided
for parking and pedestrian areas, subj ect to the following performance
standards:
Maintained Uniformity
Footcandles AVQ:.: MID.
1. Use/Task
a. Open parking lot, multi-family residential:
i. Low vehicular/pedestrian activity 0.2 Min. 4:1
ii. Medium vehicular/pedestrian activityo.6 Min. 4: 1
b. Open parking lot, industrial/commercial!
Insti tutional!municipal:
i. High activity, e.g. regional shopping 0.9 Min. 4:1
centers/fast food facilities, major athletic/
civic/cultural events
11. Medium activity,:e.g., community 0.6 Min. 4:1
shopping centers, office parks,
hospitals, commuter lots, cultural!
civic/recreational events
iii. Low activity, e.g. neighborhood shopping, 0.2 Min. 4: 1
industrial employee parking, schools,
church parking
c. Sidewalks 0.5 Avg. 5:1
d. Building entrances, commercial, industrial, 5.0 Avg.
institutional
2. Maximum light intensity per Section 4-3( d)(5)d of this Code mustbe
met at the periphery of the lot.
Section 4. Section 4-3(e)(4)(h) "Stall. aisle and driveway design" of the New Hope City
Code is hereby amended by adding subsection 4-3( e)( 4)(h)(17) ''Parking area landscaping" to read as
follows:
4-3( e)( 4)(h)(17)
Parking area landscaping.
1. All exposed parking areas of six (6) or more required spaces
shall be landscaped on all sides of the parking lot abutting
public rights-of-way or adjoining properties.
11. When a parking area of six (6) spaces or more is adjacent to a
street or residential area, a berm, wall, or fence not less than
three (3) feet in height shall be erected along the parking area.
6
Grass or plantings shall occupy the space between the parking
lot curb or fence and the street surface.
Section 5. Section 3-40(i)(2) "Individual business establishment signs" of the New Hope
City Code is hereby amended by adcling subsection 3-40(i)(2)(h) ''Projecting Signs" to read as
follows:
3-40(i)(2)(h) Projecting Signs. Projecting signs may be permitted provided the following
standards are met:
1. The projectingsigii shall count as one of the permitted wall signs..
2. One (1) projecting sign is allowed per store front.
3. The projecting sign is hung at a right angle from the building face.
4, The Builcling Inspector shall approve the sign frame and supports.
5. The sign shall not proj ect from the builcling face more than five (5) feet
and must be set back a minimum of two (2) feet from the face of curb
or street surface.
6. The bottom on the proj ecting sign shall provide a minimum of eight (8)
feet of clearance from the sidewalk surface.
7. The. proj ecting sign shall not extend over the top of the building roof
line or highest parapet.
8. The proj ecting sign shall comply with area standards ofthe commercial
zoning district.
Section 6. Section 3-40(i)(3) "Signs accessorvto multiple occupancvbusiness and industrial
uses" of the New Hope City Code is hereby amended by adding subsection 3-40(i)(3)(d)(5)
"Projecting Signs" to read as follows:
3-40(i)(3)(d)(5) Projecting Signs. Projecting signs may be permitted provided the
following standards are met:
1 The projecting sign shall count as one of the permitted wall signs.
11 One (1) projecting sign is allowed per store front.
111 The projecting sign is hung at a right angle from the builcling face.
IV The Builcling Inspector shall approve the sign frame and supports.
7
v The sign shall not proj ect from the building face more than five (5)
feet and must be set back a minimum of two (2) feet from the face of
curb or street surface.
VI The bottom on the projecting sign shall provide a minimum of eight
(8) feet of clearance from the sidewalk surface.
VII The projecting sign shall not extend over the top of the building roof
line or highest parapet.
VII The projecting sign shall comply with area standards of the
commercial zoning district.
Section 6. Section 3-40(d) ''Prohibited Signs" of the New Hope City Code is hereby
amended by deleting and repealing subsection 3-40( d) (2) "Projecting Signs" as a prohibited sign.
Section 7. Section 4-l6(f)( 4) "Setbacks" ofthe New Hope City Code is hereby amended by
amending subsection 4-l6(f)(4) to read as follows:
4-16(f)(4) Setbacks.
Front: Front: Arterial or Rear Side: Side: Arterial or
LocalStreet CommunityCollector InteriorSide Comer:Local CommunityCollector
(c) S treet(a) (c) Yard (b) Street S treet( a)
30 10 feet (b)
1 0 feet 10 feet feet 20 feet 20 feet
(a) See subsection 4-3(c)(6)(a) of this Code.
(b) Ten foot side yard setbacks are required except a 20 foot side yard setback will be required
where the lot abuts an R-l or R-2 zoning district.
Section 8. Section 4-35 "Administration - Site plan approval" of the New Hope City
Code is hereby amended by amending subsections 4-35(b) "Approval required" and 4-35(c)
"Exceptions to review" to read as follows:
4-35(b) Approval required. None ofthe following actions shall occur and no
building permit or certificate of occupancy shall be issued unless such action shall be in
complete accord with site and building plans that have been approved as provided in this
section. Actions which shall require approval of building and site plans shall be:
(1) Erection of a building or buildings.
(2) Moving of a building or buildings to a location or locations within the city.
(3) Changing the use of a building or parcel from one type of land use to another.
Changes in occupancy envisioned by this section shall include office to retail, warehouse
8
to assembly, retail to restaurant single occupancy to multi-tenant use and/or similar
actions that result in a different intensity of use.
(4) Modification of or additions or enlargements to a building, or buildings, accessory
site improvements, and/or land features of a parcel of land that result in the need for
additional parking or increase the gross floor area of the building by 25% or more.
(5) Grading, site preparation, and removal or placement of soils, rock and concrete
material.
(6) Modifications to the fayade of a building that change the building's appearance from
a public right-of-way.
(7) Any variation from the Design Guidelines adopted as part of the City's
Comprehensive Plan.
4-35(c) Exceptions to review. The following shall be excepted from the foregoing
requirements:
(1) New on-site construction of detached single- or two- family residential structures, or uses
or structures accessory thereto.
(2) The following actions require an administrative permit and approval per Section 4-31 of
this Code. The City may require such improvements as deemed necessary to meet the intent
and standards of this Code and to maintain the quality of the existing site or building plan:
i. Modifications, additions, or enla:rgements which do not increase the gross
floor area of the building by more than 25 percent and which do not involve a
variance from the provisions of this zoning code may, at the discretion of the
city manager be exempted from some, or all, of the procedures for building
and site plan approval.
11. Modifications or alteration to a building fa9ade that does not change mOre
than 25%ofthe building fa9ade facing a public right-of-way.
111 Changes in the use ofleasable space in single or multi-tenant buildings where
the change of tenant does not intensify the use of such space nor require
additional parking or result in an inability to maintain the required performance
standards.
iv Expansion or modification of parking not related to modification, addition or
enlargements to the gross floor area of an existing building.
v. Construction of structures or buildings accessory to a permitted or
conditionally permitted use within the respective zoning district when such
accessory use is also permitted in said district.
vi. Modification to an approved landscaping plan.
vii. Modifications that alter the outdoor use of the site.
Section 9. Effective Date. This Ordinance shall be effective upon its passage and
publication.
9
Dated the 24th day of September
~ )G
Attest: ItltJ~1. A_~~~/LL.
Valene Leone, City Clerk
(published in the New Hope-Golden Valley Sun-Post the 3rd day of October
P:\.A.ITORNEY\CNH ORDINk'lCES\99.40142-0RD .-\MEN"D THE NH ZONING """""D SIGN CODE.DOC
10
, 2007.)
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ORDINANCE NO. 07-11
AN ORDINANCE AMENDING
THE NEW HOPE CITY CODE BY
ADOPTING 2007 AMENDED STATE BUILDING CODE
AND STATE FIRE CODE
The City Council of the City of New Hope ordains:
Section 1. Section 3.2 "Building code" of the New Hope City Code is hereby amended to
read as follows:
Sec. 3-2. Building code.
(a) State building code adopted. The Minnesota State Building Code identified as MSBC
and established pursuant to Minn. Stat. 16B.59 tln-ough 16B.75 and published in Mirmesota
Rules Chapters 1300 tln-ough 1370 and incorporating the Mirmesota Plumbing Code and the
Mirmesota Energy Code, Chapters 4715 and 7670 respectively ofMirmesota Rules is hereby
adopted by reference and shall be administered and enforced as the building code ofthe city.
The MSBC is hereby incorporated in this Code as if set out in full including the following
specifications in subsections 3-2(a)(1) tln.ough 3-22(d) of this Code.
(1) Mandatory enforcement provisions. The following chapters of Mil me sot a Rules
shall be enforced and administered without change by the city as mandatory
provisions of the Milmesota State Building Code:
a. Chapter 1300 --Milmesota Building Code Administration
b. Chapter 1301 --Building Official Certification
c. Chapter 1302
Approvals
d. Chapter 1303
Provisions
e. Chapter 1305 --Adoption of the 6\1Q~Llntemational Building Code
(hereafter IBC). The adoption of this chapter specifically includes IBC
Mandatory Chapters 33 and 35
except as qualified by the applicable provisions in Milmesota Rules Chapter
1300 and as amended by Mirmesota Rules Chapter 1305.
g. Chapter 1307 --Elevators and Related Devices
h. Chapter 1309 --Adoption of the Intemational Residential Code (hereafter
IRC). The adoption of this Chapter specifically includes the IRC Chapters 2
-1-
through 10,43 and Appendix Chapter K, except as qualified by the applicable
provisions in Milmesota Rules, Chapter 1300.
i. Chapter 1311
Existing Buildings. The adoption of this Chapter incorporates by reference
Chapters 1 through 6 of the 2000 Guidelines for the Rehabilitation of
Existing Buildings (GREB) as promulgated by the Intemational Conference
of Building Officials, Whittier, Califomia. Appendices 2, 3 and 4 ofGREB
are deleted and not made part ofthis Code or the MSBC. Also, the guidelines
which include Resources 1 through 6 shall not be adopted as part of this
Code, except GREB Resource 2 as referenced in GREB S504.1
J. Chapter 1315 --Adoption of the=fDJI() National Electrical Code (NEC)
k. Chapter 1325 --Solar Energy Systems
Chapter 1341 nMinnesota Accessibility Code
Chapter 1346 --Minnesota Mechanical Code
Chapter 1350 --Manufactured Homes
Chapter 1360 --Prefabricated Structures
Chapter 1361 nIndustrialized/Modular Buildings
Chapter 1370 nStonn Shelters (Manufactured Home Parks)
Chapter 4715 nMinnesota Plumbing Code
(2) Optional enforcement provisions adopted. The following chapters of Mil me sot a
Rules, representing optional provisions of the Milmesota State Building Code as
provided in Chapter 1300.0060, are hereby adopted by the city without change and
shall be enforced and administered by the city as a pmi of the state building code for
the city:
a. Chapter 1306n"Special Fire-Protection Systems". The adoption of this
Chapter shall specifically include the adoption of Chapters 1306.0020,
Subpmi
-2-
b. Grading, Appendix Chapter
2001 Supplements to the IBC
c. Chapter 1335--Floodproofing Regulations, parts 1335.0600 to 1335.1200.
Section 2. Section 3-30 "Property maintenance code" of the New Hope City Code is hereby
amended to read as follows:
Sec. 3-30. Property maintenance code.
(d) Code adopted. The Intemational Property Maintenance Code,
edition, as published by the Intemational Code Council, is adopted as the propeliy
maintenance code of the city, for the control of buildings and structures as provided
in this section, and each and all of the definitions, regulations, provisions, penalties,
conditions and tem1S of such code are refelTed to, adopted and made a part of this
section as if fully set out in this section, with the additions, inseliions, deletions and
changes as set fOlih in subsection 3-30( e) "Revisions" of this Code.
Section 3. Section 9-2 "Fire prevention code" of the New Hope City Code is hereby
amended to read as follows:
Sec. 9-2. Fire prevention code.
(a) Adoption. There is hereby adopted by the city the Minnesota State Fire Code
(MSFC) including all supplements and subsequent amendments. The purpose ofthis
action is for prescribing regulations goveming conditions hazardous to life and
property from fire, maintenance of buildings and premises, explosion and other like
emergencies. The MSFC incorporates by reference the Edition of the
Intemational Fire Code (lFC) published by the Intemational Code Congress and as
amended by the State of Minnesota, together with appendices B, C, D and F of the
lFC. The lFC incorporates by reference Chapter 58 of the National Fire Protection
Code, 2001 Edition (NFC), as amended by the MSFe. All references to the NFC
herein shall be to the 2001 Edition as provided by Minnesota amendments to the lFe.
Not less than one copy of each has been and is now filed with the clerk of the city.
The same are collectively hereby adopted and incorporated as fully as if set out at
length herein, save and except such pOliions as are hereinafter deleted, modified or
amended, and from the effective date of this section shall take effect in the city.
Section 4. Effective Date. This Ordinance shall be effective upon its passage and
publication.
'"
-.)-
Dated the 8th day of October, 2007.
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Attest: 171J.L.u..j_ 4Lt7YLL
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 18th day of October
,2007.)
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
GII. NH, Crystal, Robbinsdale Sun-Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week, for one successive
week(s); it was first published on Thurs-
day, the ~ day of October ,
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _ day of
, 2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg hijkl mnopq rstuvwxyz
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CFO
Subscribed and sworn to or affirmed
before me on this -1L day of
October ,2007.
/! /J /.
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v I Notary Public
MARY ANN CARLSON
NOTARY PUBUC.. MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
,2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of New Hope
(Official Publication)
ORDINANCE NO. 07-11
AN ORDINANCE AMENDING
THE NEW HOPE CITY CODE BY
ADOPTING 2007 AMENDED STATE BUILDING CODE
AND STATE FIRE CODE
The City Council of the City of New Hope ordains:
Section 1. Section 3.2 "Building code" of the New
Hope City Code is hereby amended to read as follows:
Sec. 3-2. Building code.
(a) State building code adopted. The Minnesota State
Building Code identified as MSBC and established pur-
suant to Minn. Stat. 16B.59 through 16B.75 and published
in Minnesota Rules Chapters 1300 through 1370 and in-
corporating the Minnesota Plumbing Code and the Min-
nesota Energy Code, Chapters 4715 and 7670 respec-
tively of Minnesota Rules is hereby adopted by reference
and shall be administered and enforced as the building
code of the city. The MSBC is hereby incorporated in this
Code as if set out in full including the following specifica-
tions in subsections 3-2(a)(1) through 3-22(d) of this
Code.
(1) Mandatory enforcement provisions. The following
chapters of Minnesota Rules shall be enforced and ad-
ministered without change by the city as mandatory pro-
visions of the Minnesota State Building Code:
a. Chapter 1300 -Minnesota Building Code Adminis-
tration
b. C,1apter 1301 -Building Official Certification
c. Chapter 1302 -Construction Approvals
d. Chapter 1303 -Minnesota Provisions
e. Chapter 1305 -Adoption of the 2006 International
Building Code (hereafter IBC). The adoption of this chap-
ter specifically includes IBC Mandatory Chapters 2, 33
and 35 except as qualified by the applicable provisions in
Minnesota Rules Chapter 1300 and as amended by Min-
nesota Rules Chapter 1305.
g. Chapter 1307 -Elevators and Related Devices
h. Chapter 1309 -Adoption of the International Resi-
dential Code (hereafter IRC). The adoption of this Chap-
ter specifically includes the IRC Chapters 2 through 10,
43 and Appendix Chapter K, except as qualified by the ap-
plicable provisions in Minnesota Rules, Chapter 1300.
i. Chapter 1311 -Rehabilitation of Existing Buildings.
The adoption of this Chapter incorporates by reference
Chapters 1 through 6 of the 2000 Guidelines for the Re-
habilitation of Existing Buildings (GREB) as promulgated
by the International Conference of Building Officials, Whit-
tier, California. Appendices 2, 3 and 4 of GREB are delet-
ed and not made part of this Code or the MSBC. Also, the
guidelines which include Resources 1 through 6 shall not
be adopted as part of this Code, except GREB Resource
2 as referenced in GREB 9504.1
j. Chapter 1315 -Adoption of the 2006 National Elec-
trical Code (NEC)
k. Chapter 1325 -Solar Energy Systems
I. Chapter 1341 -Minnesota Accessibility Code
m. Chapter 1346 -Minnesota Mechanical Code
n. Chapter 1350 -Manufactured Homes
o. Chapter 1360 -Prefabricated Structures
p. Chapter 1361 _Industrialized/Modular Buildings
q. Chapter 1370 -Storm Shelters (Manufactured
Home ParkS)
r. Chapter4715 -Minnesota Plumbing Code
s. Minnesota Energy Code consists of Minnesota
Statutes 16B.617 (7670) and Minnesota Rules Chapters
7670, 7672, 7674, 7676 and 7678
(2) Optional enforcement provisions adopted. The follow-
ing chapters of Minnesota Rules, representing optional
provisions of the Minnesota State Building Code as pro-
vided in Chapter 1300.0060, are hereby adopted by the
city without change and shall be enforced and adminis-
tered by the city as a part of the state building code for the
city:
a. Chapter 1306-"Special Fire-Protection Systems".
The adoption of this Chapter shall specifically include the
adoption of Chapter 1306.0020, Subpart 2.
b. Grading, Appendix Chapter J, 2001 Supplements to
the IBC
c. Chapter 1335-Floodproofing Regulations, parts
1335.0600 to 1335.1200.
Section 2. Section 3-30 "Property maintenance code"
of the New Hope City Code is hereby amended to read as
follows:
Sec. 3-30. Property maintenance code.
(d) Code adopted. The International Property Mainte-
nance Code, 2006 edition, as published by the Interna-
tional Code Council, is adopted as the property mainte-
nance code of the city, for the control of buildings and
structures as provided in this section, and each and all of
the definitions, regulations, provisions, penalties, condi-
tions and terms of such code are referred to, adopted and
made a part of this section as if fully set out in this sec-
tion, with the additions, insertions, deletions and changes
as set forth in subsection 3-30(e) "Revisions" of this Code.
Section 3. Seclion 9-2 "Fire prevention code" of the
New Hope City Code is hereby amended to read as fol-
lows:
Sec. 9-2. Fire prevention code.
(a) Adoption. There is hereby adopted by the city the
Minnesota State Fire Code (MSFC) including all supple-
ments and subsequent amendments. The purpose of this
action is for prescribing regulations governing conditions
hazardous to life and property from fire, maintenance of
buildings and premises, explosion and other like emer-
gencies. The MSFC incorporates by reference the 2006
Edition of the International Fire Code (IFC) published by
the International Code Congress and as amended by the
State of Minnesota, together with appendices B, C, D and
F of the IFC. The IFC incorporates by reference Chapter
58 of the National Fire Protection Code, 2001 Edition
(NFC), as amended by the MSFC. All references to the
NFC herein shall be to the 2001 Edition as provided by
Minnesota amendments to the IFC. Not less than one
copy of each has been and is now filed with the clerk of
the city. The same are collectively hereby adopted and in-
corporated as fully as if set out at length herein, save and
except such portions as are hereinafter deleted, modified
or amended, and from the effective date of this section
shall take effect in the city.
Section 4. Effective Date. This Ordinance shall be ef-
fective upon its passage and publication.
Dated the 8th day of October, 2007.
Martin E. Opem, Sr., Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
_ day of ,2007.)
(Oct. 18, 2007) p2-0rd 07-11
ORDINANCE NO. 07-12
AN ORDINANCE AMENDING
CHAPTER 3 OF THE NEW HOPE CODE BY ESTABLISHING
A BUSINESS USE CERTIFICATE OF OCCUPANCY AGREElVIENT
The City Council of the City of New Hope ordains:
Section 1. Section 3-33 "Business Use Certificate ofOccupancv" is hereby added to the New
Hope City Code to read as follows:
I
must be submitted prior to anv OCCUQ.illlQY of a building: bv the applicant. For
pUll)oses ofthis section occupancv shall also include anv pre-oDenin2: oreDaration of
the b U i 1 ding:. .Ib efe~.js. dO.l.lb le.d.::vY!leJLfLl1<lRP liQatiQILis re(::ei.'>ie_duJQIeJl1an30.df'1\,',$
2
Section 2. Section 14-2(13) "Business Use Certificate of Occupancy Fee" is hereby added to
the New Hope City Code to read as follows:
Section 3. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 13th day of November, 2007.
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Martin E. Opem, Srl)Mayor
Ii ctj)
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Attest: I IlL.li j.J" . . J ~ U::..
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 22nd day of November
,2007.)
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
GII. NH. Crvstal. Robbinsdale Sun-Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week, for _ime_ successive
week(s); it was first published on Thurs-
day, the ~ day of December
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
, 2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
a bed e f 9 h i j k I m no pq rs t u VV} xyz
::;i(~~
CFO
Subscribed and sworn to or affirmed
before me on this ~ day of
December . 2007.
City of New Hope
(Ofiicial Publication)
ORDINANCE NO. 07-12
AN ORDINANCE AMENDING
CHAPTER 3 OFTHE NEW HOPE CODE BY
ESTABLISHING A BUSINESS USE CERTIFICATE OF
OCCUPANCY AGREEMENT
The City Council of the City of New Hope ordains:
Section 1. Section 3-33 "Business Use Certificate of
Occ~s hereby added to the New Hope City Code
to read as follows:
Sec. 3-33. Business Use Certificate.Qi.Occupancy.
(a) Purpose and Authority. The purpose of the business
use certificate.Q! occupancy procedure is to provide
an administrative review process to ensure compli-
ance with Chapters 3 and 4 of this Code prior to the
establishment or change of any business within the
City. The City Manager. or his or her designee. shall
consider and render decisions on all applications for
business use certificates ill occupancy.
(b) Business Use Certificate Q[Occupancy Required. No
person. firm. corporation or other entity shall conduct
any business. including but not limited to non-profit in-
stitutions. private schools and churches. within the
City 'Nithout having first obtained a valid business use
certificate of occuoancv from the City. Said business
use certificate.Q! occupancy shall not be required for
businesses operated pursuant to home occupation
permits. All business use certificates.Q! occupancy
shall be prominently displayed on the premises at all
times during business hours.
(c) Responsibility. Both the property owner and the
lessee shall be responsible for securing tile business
use certificate.Q! occupancy required by this section.
(d) Application and Information. The applicant shall pro-
vide the following information to determine compli.
ance with this section:
(1) Site address.
(2) Present use.
(3) Proposed use.
(4) Size of use(s).
(5) Site plan - if necessary.
(s) Registration Fee. The fee required by this section is
set iorth in subsection 14-2(13) oi this Code. The fee
musl accompany the registration application. The ap-
plication must be submitted prior to any occupancy of
a building by the applicant. For purposes of this sec.
tion occupancy shall also include any pre~openjng
preparation of the building. The fee is doubled when
an application is received more than 30 days after it is
due.
(n Inspection and Issuance 0; Certificates. Upon receipt
of a business uS8_certHicate.m occupancy application
and fee, the City Manager, or any designee thereof.
shall cause an inspection of the premises to be made
and. upon his or her determination that the subject
premises complies with all requirements of the City
Code. shall issue a business use certificate of OCCll~
pancy. Pursuant to such inspection, tile City rvianag-
er. or any designee thereof. shall advise the applicant
of any corrections necessary for compliance. Upon
the completion of all required corrections. the appli.
cant shall be issued a business use_certificate..Ql oc-
cupancy.
\
~.
Notary Public
e
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
(g) Certificates Nontransferable. No certificate issued
pursuant to this section shall be transferable or as.
signable to any person. firm. corporation or other en-
tity. Any change in tenant or occupant of premises.
change in proprietor or owner of a business or mate-
rial change in the business use of the premises by the
same ovmer or occupant of the premises shall consti-
tute a chanae for which a new business use certifi-
cate QLoccupancy shall be required. Any change in
business location or change ot the person or entity
from that \Nhich is shovm on the issued business use
certificateJ2f occupancy shall require a new certiiicate
to be obtained.
(h) Denial. Suspension. Revocation. The City Manager.
or any designee thareof. shall hava the power to deny,
suspend or revoke a business use certificateJ2f occu-
pancy upon the grounds that the business does not
comply with the requirements of Chapters 3 or 4 of this
Code. The exercise of such power shall be subjeCI to
the aftected applicant or certificate holder having
been given notice of said action per section 1-4 of this
Code. The notice shall include the reasons upon
vlhich the acfion is based. a copy of the charges upon
which such action is based and opportunity to appeal
said action as provided herein. The decision oi the
City Manager shall become final fifteen (15) days fol-
lowing the date of the decision unless an appeal to the
City Council is tiled as herein provided.
(i) Appeal Procedure. For appeals procedure. see sec-
tion 1.4 of this Code.
m Enforcement. The pro'Jisions of this chapter are
nonexclusive and supplementary to axisting rights
and remedies. Nolhing set forth herein shall prevent
the City from commencing any appropriate action with
respect to enforcemenl of this Code. This section
shall supplement and be in addition to other regulato.
ry codes. statutes and ordinances heretofore or here~
after enacted by the city. state or any other legal enti-
ty or agency having jurisdiction.
Section 2. Section 14-2(13) "Business Use Certificate
of Occuoanc'l Fee" is hereby added to the New Hope City
Code to read as follows:
Business Use Certificate.J2i Occupancy Fee, The
amount required for a business use occupancy
certificate required by section 3.33(e) IS 525.00. The
iee amount shall be 550.00 in Ihe event the BUCO
registration IS not received the City
'Nitilin 30 davs its due date as required section
3.33 of this code.
Section 3. Effective Date. This Ordinance shall be ef-
fective upon its passage and publication.
Daied the 13th day of November. 2007
Attest:
Valley Sun~Post the
(Dec 6.2007) p2.0rd 07.12
ORDINAi"JCE NO. 07-13
AN ORDINANCE AMENDING
RENTAL PROPERTY REGISTRATION FEES,
HOUSING INSPECTION FEES AND COURTESY BENCH FEE
The City Council of the City of New Hope ordains:
Section 1. Section 14-2 (10) "Rental propertv registration fee" of the New Hope City
Code is hereby amended to read as follows:
(10) Rental property registration fee. The annual fee amounts for the rental property registration
required by Section 3-31 of this Code shall be detennined according to the following fee grid:
Rental Units in Building
Ammal Registration Fee
Annual Registration Fee (Best
Practices pmiicipant only)
Three or More
N/A
Single Family
per
plus $20.00 for every unit $4.50 for every unit therein
therein
Double Fee. Ifregistration is not made within the time set forth in Section 3-31, the fee shall double
as required by subsection 3-31(e)(5) of this Code.
Section 2. Section 14-2(11) "Housing property maintenance inspection fees" of the
New Hope City Code is hereby amended to read as follows:
(ll) Housing property maintenance inspection fee. Fee amounts for the housing property
maintenance inspection required by sections 3-30-, 3-32 and 3-34 are as follows:
Single and t\vo-family residences, condominiums and townhouses (initial inspection and first
reinspect per dwelling unit. . . . . . . . .. . .. . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . . .. . .. . .. . .. . .
Multiple residences with tlu-ee or more units (initial inspection and first reinspect)
1st Unit each building.......... . .. .., . ......... .. ... ...... ...... . ........... . ... .. . ., . ....
Each additional unit....................................................................... $ 15.00
-1-
Reinspection after first reinspect - Single family and multiple residences per hour (one hour
n1inin1un1) .................................................................................. $47.00
Section 3. Section 14-7(9) "Courtesy bench fee" ofthe New Hope City Code is hereby
amended to read as follows:
(9) Courtesy bench fee. The initial permit and renewal fees for courtesy benches required by
subsection 6-16( d)( 4) of this Code shall be as follows:
(a) Initial permit fee. ...................... ., .., . ...... ..... . .. ..........
(b) Ammal renewal fee .................................................
Section 4. Section 8-34 "Registration of private alarms" of the New Hope City Code
is hereby amended by amending subsection 8-34(h)(5) "Outstanding balances" to read as follows:
(5) Outstanding balances. If an alal111 user has an outstanding balance due the city that is 60
days past due, all delinquent charges will be certified by the city clerk to the county
assessor who shall prepare an assessment roll each year. Each delinquent account will be
charged an additional assessment fee provided in section 14-1 (2) for
approval by the city council, the second Monday of October each calendar year.
Any alal111 user who has an outstanding balance at the time of renewal will not have their
false alal111 count reset to zero and will not be eligible for no fee false alal111s for the
following year unless the outstanding alal111 balance is being formally appealed. If the
appeal is denied, the outstanding balance and any other fees must be paid at the time of
renewal in order to have the false alal111 ordinance count reset to zero.
Section 5. Effective Date. This Ordinance shall be effective after its passage and
publication as of January 1,2008.
Dated the 10th day of December
,2007.
Attest:
Valerie Leone, City
(Published in the New Hope-Golden Valley Sun-Post the 19th day of December
,2007.)
G: Admin Ordin<lllCeS' Ordinance 07-13 Fees,doc
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newspap e.. s
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
GV NH. Crvstal. Robbinsdale Sun-Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week, for _.9ne_ successive
week(s): it was first published on Thurs-
day, the ..-2D- day of December
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the ____ day of
,2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdetg hiJkl mnopqrstuvwxyz
'~~
CFO
Subscribed and sworn to or affirmed
before me on this ~ day of
December .2007.
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of New Hope
(Of II cia I Publication)
ORDINANCE NO. 07-13
AN ORDINANCE AMENDING
RENTAL PROPERTY REGISTRATION FEES.
HOUSING INSPECTION FEES AND COURTESY BENCH FEE
The City Council ot the City of New Hope ordains:
Section 1. Section 14-2 (10) "Rental propertv reQistration fee" of Ihe New Hope Citv Code is hereby amended to
read as follows:
(10) Rental proparty registration lee. The annual fee amounts for the rental property registration required by Section
3-31 of this Code shall be determined according to the following fee grid:
Rental Units in Building Annual Registration Fee Annual Registration Fee (Best Practices participant only)
Single Family 567.50 NiA
lillo-Family 5135.00 NiA
1 hree or More 5135.00 per building plus 56 i .50 per building plus 54.50 for every unit therein
520.00 for every unit therein
Double Fee. If registration is not made within the time set forth in Section 3-31. the fee shall double as required by sub-
section 3-31 (e)(5) of this Code.
Section 2. Section 14-2(11) .HousinQ propertv maintenance inspection fees" ot the New Hope Citv Code is here-
by amended to read as follows:
(11) Housing property maintenance inspection lee. Fee amounts tor the housing property maintenance inspection required
by sections 3-30-. 3-32 and 3-34 are as follows:
Single and t\rVO-family residences. condominiums and tovmhouses
(initial inspection and first reinspect per dwelling unit . 5135.00
Multiple residences with three or more units (initial inspection and first reinspect)
1 st Unit each bui!dino .S~ 35.00
Each additional unit" .515.00
Reinspection after first reinspect Single family and multiple residences
per hour (one hour minimum) .547.00
Section 3. Section 14-7(9) "Courtesv bench fee" of the New Hope Citv Code is hereby amended to read as fol.
10\'lS:
(9) Courtesy bench lee. The initial permit and renewal tees tor courtesy benches required by subsection 6-16(d)(4) ot
this Code shall be as tollows:
(a) Initial permit tee .575.00
(b) Annual renewal fee . 550.00
Section 4. Section 8-34 "Registration at private alarms" of tile Nev.' Hope City Code is hereby amended by amend-
ing subsection S-34(h)(5) "Outstanding balances" to read as tollows:
(5) Outstanding balances. If an alarm user has an outstanding balance due the city that is 60 days past due. all del in.
quent charges will be certified by the city clerk to the county assessor who shall prepare an assessment roll each
year. Each delinquent account will be charged an additional assessment fee as provided in section 14-1 (2) for ap-
proval by the city council. the second i<,rlonday of October each calendar year.
,A.nv alarm user \vhO has an outstandina balance at the time or renev,.'al \\'ill not have their false alarm count reset to
zero and v/iIl not be eligible for no fee false alarms for the follmving year unless the outstanding alarm balance is being
formally appealed. If the appeal is denied. the outstanding balance and any other fees must be paid at the time of re-
newal in order to have the false alarm ordinance count reset to zero.
Section 5. Effective Date. This Ordinance shall be effective aiter its passage and publication as of January 1. 2008.
Dated the 10th day of December. 2007.
Attest:
(Published in me New Hope-Golden Valley Sun-Post the 19t11 day 01 December. 2007.)
(Dec. 20.2007) p2-0rd 07-13 Fees
ORDINANCE NO. 07-15
AN ORDINANCE INCREASING
SANITARY SE\VER AND \V ATER RATES
AND RECYCLING FEE FOR 2008
The City Council of the City of New Hope ordains:
Section 1. Section 14-50(2)(a) "Metered water sewer rates: adjustment" of the New Hope
City Code is hereby amended to read as follows:
a. Metered water sewerrates; adjustment. For all premises where the sewerrate
is based upon metered water, the fees shall include a minimum charge of
per month plus for each 1,000 gallons of water consumption over and
above the initial 1 ,000 gallons. An additional separate surcharge per 1,000
gallons of water consumption shall be added to the rates to defray the charges and
costs of cOlTective action needed for the treatment of inflow and infiltration of stonn
water to the sanitary sewer system as imposed by the Metropolitan Council Services
Division. For single-family residences only, sew'er charges shall be computed on the
basis of actual gallons of water metered during the winter months of December
thTough March; sewer charges for all 12 months shall be determined by averaging the
gallonage of water metered during the \vinter months between December through
March; provided, however, that the gallons charged for each individual month shall
not exceed an amount equal to the actual metered water, if actual usage is less than
the amount detem1ined by the averaging method.
Section 2. Section 14-50(10)(b) "Water rates" of the New Hope City Code is hereby
amended to read as follows:
b. Water rates. Water bills shall be concurrent with sewer billings. The rate for
water fumished to consumers by the municipal water system shall be as follows: The
minimum monthly charge will be for each meter plus for each
1,000 gallons of consumption over and above the initial 1,000 gallons recorded on
said meter for the month. SO.53 of the minimum monthly charge is assessed by the
Minnesota Commissioner of Health and shown on the billing statement as a
miscellaneous charge. This charge is authorized by rllilU1. Stat. ~ 144.3831.
Section 3. Section 14-13(9) "Recvcling service fees" of the New Hope City Code is hereby
amended to read as follows:
(9) Recycling service fees. The fee charged to each owner or occupant for
recycling collection services shall be as follows:
1
a. Basic fee per month. . .
b. Canyout collection fee. . . Fee set by
Hennepin Recycling Group
Section 4. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 10th day of December, 2007.
Attest:
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley SUB-Post the 19th day of December
,2007.)
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SUMMARY OF ORDINANCE NO. 07-15
AN ORDINANCE INCREASING SANITARY SKWER
AND \V ATER RI\TES AND RECYCLING FEES FOR 2008
The following summary of Ordinance No. 07-15 is hereby approved this 10th day of
December, 2007, by the New Hope City Council for official publication. The Council hereby
detel111ines this summary ordinance clearly infol111S the public of the intent and effect of
Ordinance No. 07-15.
1. The title of Ordinance No. 07-15 is "An Ordinance Increasin,? Sanitarv Sewer And Water
Rates and Recvclinrz Fees for 2008".
2. Section I of the Ordinance amends Section 14-50(2)(a) "Metered water sewer rates:
adiustment" by increasing the minimum monthly charge to $4.99 plus $3.36 for each
1 ,000 gallons of water consumption over the initial I ,000 gallons. Also, an additional
separate surcharge of $.42 per 1,000 gallons of water consumption was added to defray
the Metropolitan Council's charges required to treat the inflow and infiltration of stonn
water within the sanitary sewer system.
3. Section 2 of the Ordinance amends Section 14-50(10)(b) "Water rates" by increasing the
minimum monthly fee to $5.76 plus $3.65 for each 1,000 gallons of consumption over
the initial 1,000 gallons.
4. Section 3 of the Ordinance amends Section 14-13(9) "Recycling service fee" by
increasing the basic monthly fee to $3.25 for recycling collection services.
5. Section 4 of the Ordinance make the Ordinance effective upon publication of this
summary.
Dated this 10th day of December, 2007.
Attest:
(Published in the New Hope-Golden Valley Sun-Post the 19th day of December
2007.)
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
GII. NH. Crvstal. Robbinsdale Sun-Post
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(8) The printed public notice that is attached
was published in the newspaper once
each week, for _ilne_ successive
week(s); it was first published on Thurs-
day, the ~ day of December
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
,2007; and printed
below is a copy of the lower case alpha-
bet from A to Z. both inclusive, which is
hereby acknovvledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg Ilijkl mnopq rs tuV\'lXYZ
'::i(~~1[
CFO
Subscribed and sworn to or affirmed
before me on this ~ day of
December
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-31..09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of New Hope
(Official Publication)
SUMMARY OF ORDINANCE NO, 07-15
AN ORDINANCE INCREASING SANITARY SEWER
AND WATER RATES AND RECYCLING FEES FOR
2008
Tile follovllng summary of Ordinance No. 07-15 is
hereby approved this 10th day of December. 2007, by the
New Hope City Council for oiiicial publication. The Coun-
cil hereby determines this summary ordinance clearly in.
forms Ihe public of the intent and eiiect of Ordinance No.
07-15.
1. The title of Ordinance No, 07-15 is 'An Ordinance In-
creasina Sanitary Sewer And Water Rates and Re.
cvclina Fees for 700S"
2. Seclion 1 of the Ordinance amends Section 14-
50(2)(a) "Metered water sewer rates: adiustmenr' by
increasing the minimum monthly charge to S4.99 plus
S3.36 for each 1.000 gallons of water consumption
over the initial 1.000 gallons. Also, an additional sep-
arate surcharge of S.42 per 1,000 gallons of water
consumplion was added to defray the Metropolitan
Council"s charges required to treat the Inflow and in-
liItration of storm water within the sanitary sewer sys-
tem.
3. Section 2 of the Ordinance amends Section 14-
50(10)(b) "Water rates" by increasing the minimum
monthly fee to S5.76 plus S3.65 for each 1,000 gallons
of consumption over the initial 1,000 gallons.
., Section 3 of the Ordinance amends Section 14-13(9)
"Recvclino service fee" by increasing the basic month.
11' fee to S3.25 for recycling collection services.
5. Seclion 4 of the Ordinance make the Ordinance ef.
fective upon publication of this summary.
Dated this 10th day of December, 2007.
Attest:
(Published in the Nelr'/ Hope.Golden Valley Sun.Post
trle19ttl day of December. 2007.)
(Dec. 20.2007) p2-0rd 07-15