1998 ORD
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ORDINANCE NO. 98-02
AN ORDINANCE ESTABLISHING
A HOUSING IMPROVEMENT AREA
FOR THE SANDPIPER COVE TOWNHOME
DEVELOPMENT PURSUANT TO MINN. STAT. CHAP. 428A
The City Council of the City of New Hope ordains:
Section 1. Section 1.80 "Sandpiper Cove Housing Improvement
Area" of the New Hope City Code is hereby added to read as follows:
1 .80
Sandpiper Cove Housing Improvement Area. The City of New Hope
(hereafter City) hereby establ ishes pursuant to Minn. Stat.
Chap. 428A a housi ng i mp rovement area ove r the prope rt y
common 1 y known as the Sandpi pe r Cove Townhome deve 1 opment
which is legally described in Section 1.803 of this Code.
1 .801
Recitals. The City hereby makes the following
recitals in support of its action to establish the
herein housing improvement area:
1 .
The City is authorized under Minn. Stat.
§§428A.11 through 428A.21 to establish by
ordinance housing improvement areas within
which housing improvements are made or
constructed and the costs of the improvements
are paid in whole or in part from fees imposed
within the area.
2.
The City has determined a need to establish
the Sandpiper Cove Housing Improvement Area as
defined herein, in order to facilitate certain
improvements to the property all in accordance
with the Housing Improvement Act.
3.
The City has consulted with the Rockford
Owners Association and with residents in the
Sandpi pe r Cove Housi ng Improvement Area
regardi ng t he est ab 1 i shment of sai d housi ng
improvement area and the housing improvements
to be const ruct ed and fi nanced unde r t h i s
ordinance.
1 .802
Findin~s. The City hereby makes the following
findings in support of its action to establish the
herein housing improvement area:
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1 .803
1 .804
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1 .
The Cit Y Counc i 1 fi nds that, in accordance
with Minn. Stat. §428A.12, owners of at least
25 percent of the housing units within the
housing improvement area have filed a petition
with the City Clerk requesting a public
heari ng regard i ng est ab 1 i shment of such
housing improvement area.
2.
The Ci t Y Counc i 1 has on Ju 1 y 28, 1997 and by
adjournment thereafter conducted a public
hearing, duly noticed in accordance with Minn.
Stat. §428A.13, subd. 2, regarding adoption of
this ordinance at which all persons, including
owners of property within the housing
improvement area were given an opportunity to
be heard.
3.
The Council finds that, without establishment
of the housing improvement area, the Housing
Improvements (as hereinafter defined) could
not be made by the homeowners association for,
or the housing unit owners in, the Sandpiper
Cove Townhome development.
4.
The Council further finds that designation of
said housing improvement area is needed to
maintain and preserve the housing units within
such area.
Hous i ng Imp rovement Area Def i ned. The Sandpi pe r
Cove Housing Improvement Area is hereby defined as
that area of the City legally described as follows:
Lots 1 through 59, inclusive, Sandpiper Cove,
all of which is according to the plates)
thereof on file and of record in the office of
the Registrar of Titles, Hennepin County,
Minnesota. Said housing improvement area
consists of 36 housing units as of the
adoption of this section.
Housing Improvements Defined. For the purposes of
§§1.80 through 1.809 of this Code, the term
"Housing Improvements" shall mean those
i mprovement s tot he hous i ng un it s, garages, and
common areas within Sandpiper Cove Housing
Improvement Area as set out in t he December 23,
1997 Overview Specifications (Preliminary) prepared
by Construction Consulting & Inspections, Ltd. for
the Rockford Owners Association as follows:
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9.
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1 1 .
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replacement of 234 window units;
2.
replacement of 44 patio doors;
3.
replacement of 36 overhead garage doors;
4.
rep 1 acement of a 11 rear decks and si de ent ry
stoops on 10 duplex buildings and replacement
of all rear decks and front entry stoops/decks
on 4 fourplex buildings;
5.
repai r of all roofs and installation of new
fiberglass reinforced shingles;
6.
replacement of all gutters and downspouts;
7.
rep 1 acement of all
buildings;
exterior
lighting on the
8.
replacement of all exterior siding, soffits
and fascia including wrap of all windows and
doors, trim and ceilings in stoops;
replacement of 20
duplex buildings;
mandoors
in
garage
the
10.
t he above ment i oned const ruct i on sha 11 a 1 so
include all incidental work and repairs to
finish the construction to industry standards
and comply with all building codes regardless
of whether said incidental work is described
in this Code or in the December 23, 1997
Const ruct i on Consu lt i ng & Inspect ions, Lt d.
Overview Specifications.
Housing Improvements shall also be deemed to
include the following costs incurred by either
the Rockford Owners Association or the City:
a.
All costs of architectural and
engineering services in connection with
the activities described in this Section.
b.
All administration, legal and consultant
costs in connection with the housing
improvement area.
c.
Cost s of issuance of bonds, if any, to
finance hous i ng i mprovement sunde r the
Housing Improvement Act, subject to the
terms of Section 1.805 of this Code.
3
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1 .805
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Housing Improvement Fee. The City may, by
resolution adopted in accordance with the petition,
hearing and notice procedures required under Minn.
Stat. Chap. 428A known as the Housing Improvement
Act, impose a fee on the housing units within the
Sandpiper Cove Housing Improvement Area, at a rate,
term or amount sufficient to produce revenues
required to provide the Housing Improvements
(hereinafter referred to as the "Housing
Improvement Fee"), subject to the terms and
conditions set forth in this Section.
1 .
Any Housing Improvement Fee shall be imposed
on the basis of the total cost of the Housing
Improvements to be financed by the Housing
Improvement Fee, divided by the number of
housing units in the housing improvement area
as of the date of any fee resolution.
2.
Any Housing Improvement Fee shall be imposed
and payable for a period no greater than 20
years aft er the first i nst all ment is due and
payable.
3.
Any Housing Improvement Fee shall be
prepayable in full or in part by any housing
unit owners within 30 days after the effective
date of the resolution setting the Housing
Improvement Fee, provided that a partial
prepayment must be at least 25% of the total
fee for t hat un it . Aft e r such 30-day pe r i od
the unpaid portion of any Housing Improvement
Fee and acc rued i nt e rest sha 11 be p repayab 1 e
only in the full amount.
4.
The reso 1 ut i on i mpos i ng any Housi ng
Improvement Fee shall provide that any fee (or
portion thereof) not prepaid by the housing
unit owner shall be deemed to include simple
interest on unpaid housing improvement costs
at a rate of 8% per annum.
5.
Any Housing Improvement Fee shall be collected
at the same time and in the same manner as
provided for payment and collection of ad
valorem taxes, in accordance with Minn. Stat.
§428A.O5. As set forth in Minn. Stat.
§428A.14, the Housing Improvement Fee is not
included in the calculation of levies or
limits on levies imposed under any law or
charter.
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1 .806
1 .807
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1 .808
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6.
Any Housing Improvement Fee shall not exceed
the amount specified in the notice of public
heari ng regard i ng the approva 1 of such fee;
provided, however, that the Housing
Improvement Fee may be reduced after approval
of the resolution setting the Housing
Improvement Fee, in the manner specified in
such resolution.
I ssuance of Bonds. At any t i me aft era cont ract
with Rockford Owners Association, Inc. for
const ruct i on of a 11 or part of the hous i ng
improvements has been entered into or the work has
been ordered, and the 30-day period for prepayment
of the Housing Improvement Fee has expired as
described in §1.805 hereof, the Council may issue
bonds in the principal amount necessary to finance
the cost of the housing improvements that have not
been prepaid together with costs of issuance of the
bonds. Such bonds shall be issued pursuant to and
in accordance with Minn. Stat. §428A.16 of the
Housing Improvement Act.
Annual Reports.
1 .
On August 15, 1998 and each August 15
thereafter until all housing improvement fees
derived in the housing improvement area are
fully paid, the Rockford Owners Association,
Inc. (and any successor in interest) shall
submit to the City Clerk a copy of the
association's audited financial statements.
2.
Rockford Owners Assoc i at ion, I nc. (and any
successor in interest) shall also submit to
the City any other reports or information at
the t i mes and as requi red by any cont ract
entered into between that entity and the City.
Notice of Ri~ht to File Obiections. Within five
days after the adoption of §§1.80 through 1.809 of
this Code, the City Clerk is authorized and
directed to mail to the owner of each housing unit
in the Sandpiper Cove Housing Improvement Area: a
summary of these Code sections; notice that owners
sub j ect tot he proposed Housi ng Improvement Fee
have a right to veto this ordinance if owners of at
least 35 percent of the housing units within the
5
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.
.
Sandpi pe r Cove Housi ng Improvement Area fi 1 e an
objection with the City Clerk before the effective
date of this ordinance; and notice that a copy of
this ordinance is on file with the City Clerk for
public inspection. Sections 1.80 through 1.809 of
this Code shall be effective 45 days after their
passage and publication.
1 .809
Amendment. Thi s ordi nance may be amended by the
Council upon compliance with the public hearing and
notice requirements set forth in Minn. Stat.
§428A.13, subd. 2 of the Housing Improvement Act.
Section 2. Effective Date. This Ordinance shall be effective
45 days after its passage and publication.
Dated the
12th
day of
January
, 1998.
c;f~
W. Peter Enck, Mayor
Attest: ~C£m-
alerie Leone, City Clerk
Pub 1 i shed in t he New Hope-Go 1 den Va 11 ey Sun-Post the 21st
January, 1998.)
day of
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8
ORDINANCE NO. 98-03
AN ORDINANCE AMENDING THE
NEW HOPE SIGN CODE
The City Council of the City of New Hope ordains:
Section 1. Sections 3.40 through 3.485 known as the "Sign Code" of the New
Hope City Code is hereby repealed in its entirety.
Section 2. New sections 3.40 through 3.524 to be known as the "Sign Code"
of the New Hope City Code are hereby added to read as follows:
(see attached Exhibit A - New Hope Sign Code)
Section 3.
and publication.
Effective Date. This Ordinance shall be effective upon its passage
Dated the 27th day of
July
>Y:~4~
W. Peter Enck, Mayor 4
Attest: ~ ~~ -
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun Post on the 5th day of August
199 JL.) - Summary format.
ORD98-03.DOC (283\CNH-CODE)
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3.40
3.41
3.42
EXHIBIT A
SIGN CODE
Title. Pur{>ose and Intent.
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3.411 Title. Sections 3.40 through 3.485 shall be known, cited and referred to as the
"New Hope Sign Code" except as referred to herein, where it shall be known as
the" Sign Code" .
3.412
Purpose. This Sign Code is established to protect and promote health, safety,
general welfare and order within the City of New Hope through the establishment
of a comprehensive and content-neutral series of standards, regulations and
procedures governing the type, number, size, structure, location, height,
illumination, erection, use and/or display of devices, signs or symbols serving as
a visual communication media to persons situated within or upon public
rights-of-way or properties within the City of New Hope. The provisions of this
Sign Code are intended to encourage creativity, a reasonable degree of freedom
of choice, and opportunities for effective communication. These provisions are
also intended to reduce confusion and hazards that result from unnecessary and/or
indiscriminate use of signage devices.
Rules and Definitions.
3.421 Rules. The language set forth in the text of this Sign Code shall be interpreted
in accordance with the rules of construction prescribed in Chapter 1 except for
the following provisions:
(1)
Zoning Districts. The Sign Code references the various zoning districts
in Chapter 4 of the New Hope Zoning Code.
(2)
Construction of Words. Whenever a word or term appears in the text of
this Sign Code, its meaning shall be defined in section 3.422 of this Code.
A word or term not specifically defined by section 3.422 herein, shall be
defined by the definition sections of Chapter 4 or Chapter 1 of this Code,
if applicable, otherwise it shall have its ordinary dictionary meaning.
3.422 Definitions.
(1)
Sign. Any writing (including letters, words, or numerals), pictorial
representation (including illustrations or decorations), emblem (including
devices, symbols, or trademarks), flag, banner, streamer, pennant, string
of lights, or display designed to attract the attention of the public, whether
it be attached to a structure, painted on, or in any other manner
represented on a building or other structure or on the ground.
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(4)
(5)
(6)
(7)
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(8)
(9)
(10)
(11)
(12)
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(2)
Sign. Advertising. A billboard, poster panel board, painted bulletin
board, or other communicative device which is used to advertise products,
goods, and/or services which are not exclusively related to the premise on
which the sign is located.
(3)
Sign. Address. A sign communicating street address only, whether
written or in numerical form.
Sign. Area. That area within the marginal lines created by the sign
surface which bears the advertisement or, in the case of messages, figures
or symbols attached directly to the part of a building, which is included
in the smallest geometric figure which can be made to circumscribe the
message, figure or symbol displayed thereon.
Sign. Banners and Pennants. Attention getting devices which resemble
flags and are of a paper, cloth, or plastic or plastic-like consistency.
Sign. Billboard. Any advertising sign having an area of more than three
hundred (300) square feet.
Sign. Business. Any sign which identifies a business or group of
businesses, either retail or wholesale, or any sign which identifies a
professional or is used in the identification or promotion of any principal
commodity or service, including entertainment, offered or sold upon the
premise where such sign is located.
Sign. Canopy and Marquee. Any message or identification which is
affixed to a canopy or marquee.
Sign. Flashing. Any illuminated sign on which the artificial light is not
maintained stationary and/or constant in intensity and color at all time
when such sign is in use.
Sign. Freestanding.
structure.
A self-supporting sign not affixed to another
Sign. Ground. Any sign placed upon, or supported by the ground
independently of the main building or structure on the property. Signs on
accessory structures shall be considered ground signs.
Sign. Height. Height refers to the distance from the ground to the
uppermost point on the signage.
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(13)
(14)
(15)
(16)
(17)
(18)
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(19)
(20)
(21)
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Sign. Identification. The principal sign identifying the business conducted
on the premises. In residential districts, the sign identifying a resident,
school, church, or other non-business use.
Sign. Illuminated. Any sign which has characters, letters, figures, designs
or outlines illuminated by electric lights or luminous tubes.
Sign. Logo. Any letter, character, symbol, or abbreviation used to
represent an entire word or group of words denoting the name or purpose
of any business. For purposes of this Sign Code, a trademark may qualify
as a symbol, but only if brand names or other words used therein are
single letters, characters or an abbreviation.
Sign. Motion. Any sign which revolves, rotates, has any moving parts,
or gives the illusion of motion.
Sign. Monument. A freestanding block type structure, not supported or
elevated above ground by poles or braces, which typically is incorporated
as part of a landscaping scheme.
Sign. Non-Conforming.
(a)
Legal. A sign which lawfully existed at the time of the original
passage of this Sign Code or amendment thereto but which does
not conform with the regulations of this Sign Code, is legal.
(b)
Illegal. A sign which was constructed after the original passage of
this Sign Code or amendments thereto and does not conform with
regulations of this Sign Code is illegal.
Sign. Portable. A sign so designed as to be movable from one location
to another and which is not permanently attached to the ground or a
structure.
Sign. Projecting. Any sign which is affixed to a building and which
projects from the building wall a distance greater than twelve (12) inches.
Sign. Public. Signs of a public, non-commercial nature, including but not
limited to safety signs, danger signs, trespassing signs, traffic signs, signs
indicating scenic or historical points of interest, memorial plaques and
signs erected by or on order of a public officer or employee in the
performance of official duty.
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3.43
(22)
Sign. Roof. A sign erected, constructed or attached wholly or in part
upon or over the roof of the building or on top of or above the parapet of
a building. A roof sign shall not mean signs placed on the face of a
mansard roof provided that the sign does not extend beyond the top of the
roof line.
(23)
Sign. Structure,. The supports, foundations, uprights, bracing and
framework for a sign, including the sign area.
(24)
Sign. Temporary. A sign other than a portable sign, that is not intended
to be permanently displayed or affixed to the ground or to a building.
(25)
Sign. Wall. A sign which is affixed to the exterior wall of a building and
which does not project more than twelve (12) inches from the surface to
which it is attached.
(26)
Sign. Wall Letters. A sign composed of individual letters which are
attached (not painted) separately on a wall surface.
(27)
Sign. Window. A sign affixed to a window or located inside a window
surface legible to the general public.
General Standards. All signs hereafter painted, constructed, erected, remodeled,
relocated, or expanded shall comply with the following standards:
3.431
Sign Permit. A sign may not be constructed, erected, remodeled, relocated,
expanded or painted, except in cases of routine maintenance, without a sign
permit. A permit shall not be issued unless the sign and all other signs on the
premises of the applicant are in compliance with the regulations of the New Hope
Sign Code, Section 3.40, et al.
3.432 Building and Electrical Codes Applicable. All signs shall be wired to conform
to section 3.221 (2) of this Code. Sign structures shall be designed to withstand
a forty (40) psf snow load and eighty (80) psf of wind pressure.
3.433
Maintenance of Signs. All signs, including electric wiring, supporting structures,
guy wires or chains, shall be properly maintained and kept in a safe condition.
A sign or sign structure which is deteriorated, unsafe, defaced, or otherwise
altered shall be repaired, repainted, or replaced by the permit holder or property
owner on which the sign is located.
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3.44
3.434 Sign Location.
(1)
Excepting governmental signs, no sign shall be erected or temporarily
placed within a street right-of-way or upon public lands, easements or
rights-of-way.
(2)
All signs, excepting governmental signs, shall be located on private
property. Freestanding signs shall be set back a minimum of ten (10) feet
from the nearest lot line. The setback shall be measured from the lot line
to that portion of the sign nearest to the property line.
(3)
On all corner lots, signs shall not be permitted within twenty (20) feet of
any corner formed by the intersection of two (2) streets or the
rights-of-way of a railway intersecting a street. The twenty (20) feet shall
be in the form of a triangle with two sides formed by the property lines
and the third side formed by a straight line connecting the two twenty (20)
foot points on each side of the corner. A sign may be extended into the
triangular area provided that:
(a)
The clearance above the street grade is more than eight (8) feet.
(b)
No part of the sign structure encroaches in the triangular area at
an elevation less than eight (8) feet above street grade.
3.435 Signs may be illuminated internally or by reflected light provided:
(1)
Illuminated signs shall be shielded to prevent lights from being directed
at oncoming traffic in such brilliance that it impairs the vision of the
driver. Such signs shall not interfere with or obscure an official traffic
sign or signal. This includes indoor signs which are visible from public
streets.
(2)
Illumination of any sign shall not exceed one (1) foot candle measured at
the lot line of the site containing the sign.
Prohibited Sie:ns.
3.441 Flashing signs, rotating or moving signs, animated signs, signs with moving lights
or which create the illusion of movement, except for electronic or electrically
controlled reader boards subject to the conditions set forth in section 3.473 (3)
and section 3.492 (7) of this Code.
3.442 Projecting signs as defined in section 3.422 (18) of this Code.
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3.46
3.443 Signs which physically obstruct any required access way or window in such a
manner as to create a safety hazard.
3.444 Signs located on property unimproved with a building except a sign advertising
the premises for sale or lease which meets the standards of section 3.469 of this
Code.
3.445 Signs located in the interior of a building but visible through a window where by
reason of its position, size, shape or color it may obstruct, impair, obscure,
interfere with the view of, or be confused with any traffic control sign, signal or
device, or interfere with, mislead or confuse traffic.
3.446 Signs which are related to a business or service which is not being presently
conducted on the premises on which the sign is located.
3.447 Business or advertising signs which are painted directly upon a wall surface.
3.448 Portable signs, banners, pennants, ribbons, streamers, strings of light bulbs,
spinners, or similar devices are not permitted except as provided in Section 3.492
of this Code.
3.449 Signs that are tacked or posted on trees, fences, utility poles, or other such
supports are not permitted, except when attached to an outfield fence of a
ballfield and oriented to the playing field and spectator seating.
3.450 Roof signs as defined in section 3.422 (20) of this Code.
3.451 Billboard signs as defined in section 3.422 (6) of this Code.
3.452 All other signs not expressly permitted by this Sign Code.
Permitted Shms. The signs identified in section 3.46 are exempt from permit
requirements in all zoning districts.
3.461 Identifiable Address.
(1)
Residential Building. Every principal building shall be identified with its
legal street address in numerical form. The numerals shall be at least
three (3) inches in height, and either contrasting in color from the
principal building, made of reflective material or illuminated. The
numerals shall be readable from the nearest adjacent roadway serving the
premises. Should the building numerals not be visible from the roadway,
an address post displaying the identification numerals of the same
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minimum height shall be placed adjacent to the driveway in such a manner
as to be readable from the roadway.
(2)
Commercial. Industrial and Multiple Family Buildings. Numerals
identifying street addresses for commercial and industrial buildings,
including multiple family dwellings defined in section 4.022 (95) of this
Code, shall be a minimum of six (6) inches in height and shall comply
with the other requirements of Subsection (1) above. All such buildings
having multiple street addresses shall be required to identify rear door
entrances in the same manner as main entrances.
3.462 Flags and Memorial Signs. Flags or emblems of a national, federal or state
government, or memorial signs thereof, displayed on private property.
3.463 Signs Required by Law. Legal notices, address numerals and other signs
required by law or governmental order, rule or regulations, provided that the
content and size of the sign do not exceed the requirements of such law, order,
rule or regulation.
3.464
Public Convenience and Directional Signs. Small signs, not exceeding two (2)
square feet in area, displayed on private property for the convenien~e of the
public, including but not limited to, directional or identification signs for
restrooms, freight entrances, garage and rummage sales and parking lot signage.
Garage and rummage sale signs shall show, clearly imprinted, the name and
address of the person erecting the sign, or responsible for the same. Garage and
rummage sale signs shall not be erected more than five (5) days before or
maintained more than one (1) day after the sale to which the sign relates. Open
house signs shall not be erected more than one (1) day before or maintained more
than one (1) day after the open house event.
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3.465
Political Signs. Signs, not exceeding thirty-two (32) square feet in area,
displayed on private property, containing matter which is intended or tends to
influence directly or indirectly any voting at any primary, general, municipal,
special or school election, including pictures for announcements relative to
candidates or campaign advertising. One sign per candidate and issue per lot is
permitted in addition to other signs on private property in any zoning district. In
State general elections, no person shall permit or allow any such sign to be
publicly displayed or posted before August 1 or ten (10) days after the State
general election to which the sign relates. In special elections, the durational
limit shall be ninety (90) days before and ten (10) days after the special election
to which the sign relates. Any sign permitted by this section may be used as a
non-commercial opinion sign.
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3.466 Government Signs. Signs of a duly constituted governmental body including
traffic or similar regulatory signs, legal notices and warnings at railroad
crossings.
3.467
Non-Commercial Opinion Signs. Signs, not exceeding thirty-two (32) square feet
in area, displayed on private property, containing information which expresses an
opinion or point of view, but does not advertise products, goods, businesses or
services. One sign per lot is permitted in any zoning district, however, an
illuminated or motion sign may not be used in residential zoning districts as a
non-commercial opinion sign.
3.468 Holidav Signs. Signs or displays which contain or depict a message pertaining
to a religious, national, state or local holiday.
3.469 "For Sale" and "For Rent" Signs. "For Sale" and "For Rent" signs shall be
permitted subject to the following regulations:
(1)
(2)
.
(3)
(4)
3.470
Single family homes, twin homes and townhomes may have one (1) sign
related to the sale, rent or lease of the dwelling units on the premises.
Said sign shall not exceed eight (8) square feet in area.
Multiple family, commercial or industrial buildings may have one (1) sign
related to the sale, rent or lease of the building tenant bays or dwellings
on the premises per street frontage. Except as cited in 3.469 (3) below,
said sign shall not exceed seventy-five (75) square feet in area.
Multiple family, commercial and industrial buildings having frontage on
State Highway 169 may have not more than two (2) freestanding or wall
signs oriented to the highway. The accumulative total sign area of said
signs shall not exceed one hundred fifty (150) square feet in area.
No sign may be erected on rental property prior to the landlord or
owner's receipt of notice that the tenant(s) intend to vacate the property
and any sign must be removed within seven (7) days after the sale or lease
of the property or unit.
Construction and Remodeling Signs. One (1) sign, not exceeding thirty-two (32)
square feet is permitted. Two (2) signs are permitted on corner lots, one (1)
facing each street. Said signs shall not be erected prior to the issuance of a
building permit and must be removed no later than seven (7) days after the final
building inspection.
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48
3.47
Residential Districts. Signs are accessory to permitted and conditional uses within New
Hope's residential zoning districts. The following signs are permitted within the R-l,
R-2, R-3, R-4 and R-5 Zoning Districts:
3.471 All signs identified in section 3.46 of this Code.
3.472 Nameplate Signs. Nameplate signs are intended for the display of the name
and/or address of the primary use on the property where the sign is located. A
nameplate sign shall be permitted on each property containing a primary use,
provided that the surface area does not exceed two (2) square feet.
3.473 Signs accessory to churches, schools, non-profit institutions and govermnental
buildings allowed within residential zoning districts are permitted as follows:
(1)
Wall Signs. Not more than two (2) signs shall be permitted on the front
wall of any church, school, non-profit institution or govermnent building.
The combined total area of such sign or signs shall not exceed the lesser
of fifteen (15) percent of the area of the front face (including doors and
windows) of the church, school, non-profit institution or govermnent
building, or two hundred fifty (250) square feet.
(2)
Monument Signs. For each principal building on a lot, there shall be not
more than one (1) freestanding monument sign except on a comer lot
where two (2) signs, one facing each street, shall be permitted. No such
signs shall exceed seventy-five (75) square feet in area. Monument signs
may not exceed twelve (12) feet in height. The monument sign may
include a reader board as part of the allowable sign area.
(3)
Reader Boards.
(a)
The reader board may be a wall, freestanding, or monument sign.
The reader board sign area shall count as part of the total sign area
allowed within a respective district.
(b)
The reader board area shall not exceed more than fifty (50) percent
of the wall or monument sign erected.
(c)
No more than one (1) reader board per premise.
(d)
The reader board may display a given copy or graphic image for
a minimum of three (3) seconds within the reader board frame.
Continuous scrolling messages are not permitted.
- 9 -
.
.
8
3.48
(4)
Off-Premise Directional Signs. Off-premise directional signs shall be
limited to situations where access is confusing and traffic safety may be
jeopardized or traffic could be inappropriately routed through residential
streets. The size of the sign shall not exceed seventy-five (75) square feet
in area or twelve (12) feet in height. The off-premise sign shall not
interfere with uses of the lot on which its sign is located.
(5)
Special Event Signage. Subject to the provisions of section 3.492 (6) of
this Code.
3.474 Multiple Family Residential Signage. Signs accessory to multiple family
residential buildings and complexes are permitted as follows:
(1)
Area Identification. Each multiple family development shall be permitted
one (1) area identification sign, corner lots are permitted two (2) signs if
each sign is facing a separate street. The Area identification signs shall
not exceed one hundred (100) square feet in area. Freestanding movement
signs shall not exceed twelve (12) feet in height and shall be located at the
entrance of the lot.
(2)
Directional/Information Signs. Multiple family development
directional/information signs are permitted to direct traffic within the site
and provide information pertaining to the building's ownership,
management and operation. Individual directional signage may not exceed
nine (9) square feet in area. No illumination of the sign is permitted other
than the general house illumination.
(3)
Special Event Signage. Subject to the provisions of section 3.492 (6) of
this Code.
3.475 Home Occu{>ations. A residential unit with an approved home occupation
requiring customer or client visits to the home is allowed one identification sign
for the home occupation. Said sign shall not exceed two (2) square feet in size
or six (6) feet in height.
Residential Office District. Signs are accessory to permitted and conditional uses in the
R-O Zoning District. The following signs are permitted within the R-Q Zoning District:
3.481 All signs identified in section 3.46 of this Code.
3.482 Residential Signs. All signs identified in section 3.47 of this Code.
3.483 Business Signs. Business signs as regulated in section 3.49 of this Code.
- 10 -
.
3.49
Commercial and Industrial Zonim! District. Signs are accessory to permitted and
conditional uses in the B-1, B-2, B-3, B-4, 1-1 and 1-2 Zoning Districts. Only the
following signs are permitted in these zoning districts, unless otherwise specifically
provided for in this section.
3.491 All signs identified in section 3.46 of this Code.
3.492 Individual Business Establishment Signs. Signs accessory to a single occupancy
business or industry shall comply with the following regulations:
(1)
(2)
Wall Signs:
(a)
Not more than two (2) wall signs per building.
(b)
The total area of all wall signs shall not exceed the lesser of fifteen
(15) percent of the front face of the principal commercial or
industrial building or two hundred fifty (250) square feet.
Freestanding Signs. Not more than one (1) freestanding sign shall be
permitted on any lot.
(a)
.
(b)
(3)
Freestanding signs shall not exceed one hundred (100) square feet
in area.
Freestanding signs shall not exceed thirty (30) feet in height.
Awning or Canopy Signs. Letters may be painted or otherwise affixed to
any permissible awning or canopy as follows:
(a)
(b)
(c)
(d)
8
Location. Signs shall be limited to one (1) sign per canopy fascia
fronting onto a street.
Height. The canopy sign shall not project above or below the
physical dimensions of the awnings or canopy fascia.
Use. Signs shall only denote the name and address of the business
conducted therein and/or a product or products produced or sold
or service rendered therein.
Maximum Signage. Awning and canopy signage shall not exceed
sixteen (16) square feet per sign. Awning and canopy signage
shall be included in calculating the maximum sign area of the
permissible wall sign.
- 11 -
8
.
(6)
8
(4)
Window Signs.
(a)
Maximum Window Area. In no event shall the size of the interior
window signage exceed thirty-three (33) percent of the window
area of the one side of the building upon which said signs are
displayed.
(b)
Illuminated Signs. An interior window sign may be illuminated.
(c)
Temporary Advertising Signs. Advertising signs that are intended
for temporary display only, may be affixed to a window provided
that the sign area conforms with the formula allowance outlined in
this subsection. The allowable sign area for a window advertising
sign is in addition to the total permitted wall sign area as regulated
in section 3.492 (1) of this Code. Window signs other than for
advertising, such as business identification, or any sign which is
permanently affixed to a window, shall constitute a dual purpose
sign and thus be regulated under both the above and the provisions
of section 3.492 (1) of this Code.
(5)
Signs Accessory to Gas Sales in Conjunction with Automobile Service
Stations or Convenience Stores. The following signs acce,ssory to
automobile service stations and convenience stores with gas sales are
permitted in addition to the signs permitted under section 3.492 of this
Code.
(a)
Gasoline and Price Sign. One (1) sign (single or double faced) per
frontage on a public street, suitable for apprising persons of the
total sale price per gallon. The area of such price sign shall not
exceed sixteen (16) square feet on either side. Each such sign
shall be affixed to the standard of a ground sign or light fixture,
and shall state the total price. No sign posting an incomplete price
or less than the total sales price is permitted.
(b)
Informational Signage. Signs denoting operating instructions
associated with self service gas facilities including gas pump, air
supply and car washes are exempt from the maximum sign area
standards of section 3.49 of this Code.
Banners. Pennants. Streamers. Strings of Lights. Searchlights. Portable
signs, banners, pennants, streamers, strings of lights, search lights or any
other temporary sign are permitted only for commercial or industrial
special or promotional events of a limited duration by permit acquired
from the City pursuant to the following conditions:
- 12 -
.
.
(0
(g)
(h)
.
(a)
Special or Promotional Events. Special or promotional events
shall mean events such as grand openings, management or
ownership changes, or periodic sales or similar events.
(b)
Permit Application. Permits for any temporary sign pursuant to
this section shall be issued only to owners or tenants of
commercial or industrial property. Applications must be submitted
to the City Building Official on a form approved by the City a
minimum of fourteen (14) days prior to the special or promotional
event when the signs will be used.
(c)
Permit Duration. All permits issued hereunder shall be for a
maximum period of fourteen (14) days and shall expire
automatically after said period. Upon the permit expiration, the
applicant shall cease to display any and all signs permitted by the
permit unless the applicant has obtained a new permit for said
signage.
(d)
Limitation on Permits. No more than three (3) permits yearly
shall be issued to anyone (1) property or location. If two (2)
permits are obtained in succession by any applicant per subsection
(b) above, both permits shall be counted for the purpose of
determining the yearly limitations of this subsection.
(e)
Sign Locations. All special or promotional signs must be located
on the premises where the event is occurring. Signage shall not
exceed an amount equivalent to the permitted signage area allowed
the applicant's business in the respective zoning district.
Grand Openings. Notwithstanding the duration provisions of
section (b) above, grand opening signage may be for a maximum
period of thirty (30) days.
Exception. Temporary signs permitted by section 3.46 of this
Code shall be exempt from the requirements of this section.
Non-compliance. Violation of any conditions of this section will
result in a forfeiture of additional sign permits for the property
under this section for a period of twelve (12) months from the date
of the violation. The permit forfeiture shall be in addition to any
other penalties for code violations allowed by this Code.
- 13 -
.
3.493
8
.
(7)
Reader Boards.
(a)
The reader board shall be a wall, freestanding, or monument sign.
The reader board sign area shall count as part of the total sign area
allowed within a respective district.
(b)
The reader board area shall not exceed more than fifty (50) percent
of the wall, freestanding, or monument sign erected.
(c)
No more than one (1) reader board per premise is permitted.
(d)
The reader board may display a given copy or graphic image for
a minimum of three (3) seconds within the reader board frame.
Continuous scrolling messages are not permitted.
Signs Accessory to Multiple Occupancy Business and Industrial Uses. Including
Shopping Centers. When a single principal building is devoted to two (2) or
more businesses or industrial uses, a comprehensive sign plan for the entire
building or shopping center shall be submitted and shall include the information
required by section 3.493 (1) of this Code to permit a determination as to whether
or not the plan is consistent with sections (2) through (4) of section 3.493. No
permit shall be issued for an individual use except upon a determination that it is
consistent with a previously or concurrently approved comprehensive sign plan.
The effect of said comprehensive sign plan is to allow and require the owner of
multiple occupancy structures to determine the specific individual sign
requirements for the tenants of his building. As sign locations, size and other
sign details may be of some significant importance in lease arrangements between
owner and tenant, it is the City's intention to establish general requirements for
the overall building only, thus providing a building owner with both the flexibility
and responsibility to deal with his individual tenants on their specific sign needs.
(1)
Comprehensive Sign Plan Information. The applicant shall prepare a
written and graphic comprehensive signage plan for submission to the
City. Said plan shall include, but not be limited to the following
information:
(a)
(b)
(c)
(d)
(e)
(0
(g)
Sign location (both wall signs and freestanding signs)
Sign area
Sign height
Scaled building elevations
Scaled floor plan that outlines tenant bays
Identification of sign design
Sign construction drawings (sections)
- 14 -
.
(2)
8
(3)
8
(d)
(h)
The Council, Planning Commission and City Staff may request
additional information from the applicant concerning the
application or may retain expert opinions at the expense of the
City, or may require as a condition of proceeding with its
consideration that the applicant furnish expert opinion and data at
the expense of the applicant.
Wall Signs.
(a)
Maximum Area. The total allowable sign area for a multiple
occupancy structure shall not exceed fifteen (15) percent of the
combined wall surfaces on walls which abut streets in business or
industrial zoning districts. No individual tenant identification sign
may exceed one hundred (100) square feet in area.
(b)
Building Identification. No multiple occupancy structure may
display more than two (2) overall building identification signs.
(c)
Tenant Identification Signs. Individual tenants located within
multiple occupancy structures shall be permitted to display
individual identification signs, if they have separate exterior
entrances to their use or they are tenants in a shopping center, in
which case, not more than one sign may be displayed. A tenant
occupying a corner location fronting two (2) streets may display
identification signs to both street frontages.
Delivery Signs. A delivery sign or signs not exceeding nine (9)
square feet in area may be located on the side or rear wall of the
structure.
Freestanding Sign.
(a)
Shopping Centers. Shopping centers containing more than four (4)
separate and distinct occupancies may erect one (1) freestanding
sign per street frontage, not to exceed two (2) freestanding
shopping center signs per site, (single or double faced).
(i)
Each ground sign may not exceed two hundred (200)
square feet in area, nor thirty (30) feet in height. In lieu
of multiple freestanding signs, the shopping center may
have a single freestanding sign not to exceed three hundred
(300) square feet in area nor thirty (30) feet in height.
- 15 -
.
8
8
3.50
(ii)
Reader boards in accordance with section 3.492 (7) of this
Code shall also be allowed on each freestanding sign per
street frontage notwithstanding section 3492(7)(c) of this
Code provided the inclusion of said boards in combination
with the tenant directory and center identification does not
exceed the maximum allowable sign area.
(b)
Other Multiple Occupancies. Multiple occupancy structures other
than shopping centers, or shopping centers having four or less
separate and distinct occupancies, may erect ground signs in
accordance with the provisions of section 3.492 of this Code and
may identify each separate and distinct occupancy on said ground
sign.
(c)
Single Occupancy Freestanding Satellite Sites. Not more than one
(1) freestanding sign shall be permitted per satellite site.
(1)
(1) Freestanding signs shall not exceed one hundred (100)
square feet in area.
(2)
Freestanding signs shall not exceed thirty (30) feet in
height.
(4)
Fee. Comprehensive Sign Plan Review. When a comprehensive sign plan
review is required by this section, the applicant shall pay a review fee in
addition to a permit fees set forth in Chapter 14 of this Code.
Non-Conforming Signs and Sign Structures. Signs and sign structures found to be
non-conforming with the provisions of this Code as of December 31, 1998 shall be
subject to the following provisions:
3.501 Prohibitions. A non-conforming sign may not be:
(1)
Changed to another non-conforming sign.
(2)
Structurally altered except to bring into compliance with the provisions of
this Sign Code.
(3)
Expanded.
(4)
Re-established after its removal for thirty (30) days.
(5)
Re-established after damage of more than fifty (50) percent of sign
replacement cost except to bring into compliance.
- 16 -
.
.
.
3.51
3.52
3.502 Maintenance. Normal maintenance, such as painting, repairing without removal,
cleaning, maintaining, electrical wiring and appurtenances on site and changing
or repairing fasteners or guy wires or chains shall be permitted on any legal
non-conforming sign.
3.503 Amortization Schedule. Any legal non-conforming sign shall be brought in to
compliance with this Code or removed by December 31, 2003.
Shm Variance. Where there are practical difficulties or unnecessary hardships in the
way of carrying out the strict letter of the provisions of this section, the City Council has
the power to vary the requirements of this section in harmony with the general purpose
and intent hereof, so that the public health, safety and general welfare may be secured
and substantial justice done. When considering a variance, the City Council shall make
a finding of fact and grant approval based upon the following conditions:
3.511 Unique Conditions. That the conditions involved are unique to the particular
parcel of land or use involved.
3.512 Variance Purpose. That the purpose of the variance is not based exclusively
upon a desire to increase the value or income potential of the business involved.
3.513 Cause of Hardship. That the alleged difficulty or hardship is caused by ,this Sign
Code and has not been created by any persons presently having an interest in the
parcel.
3.514 Effect of Variance. That the granting of the variance will not be detrimental to
the public welfare or injurious to other land or improvements to the
neighborhood.
3.515 Impairment of Light and Air. That the variance will not impair an adequate
supply of light and air to adjacent property.
3.516 Impairment of Police and Fire Functions. That the variance will not impair or
substantially increase the congestion of the public streets, or interfere with the
function of the police and fire departments of the City.
Review Procedures and Informational ReQuirements.
3.521 Sign Application. The Applicant must complete and submit a Sign Permit
Application for approval by the City Council.
3.522 Permit Issued if Application is in Order. The City Building Official, upon the
filing of an application for a permit, shall examine such plans, specifications and
other data and the premises upon which it is proposed to erect the sign. If it
- 17 -
.
.
8
appears that the proposed structure is in compliance with all requirements of this
Chapter and all other laws and ordinances of the City, the permit shall be issued.
If the work authorized under a permit has not been completed within sixty (60)
days after the date of issuance, the permit shall be null and void.
3.523 City Council Approval. When this Chapter requires City Council approval for
a sign, the application shall be processed in accordance with the procedural and
substantive requirements of the New Hope Zoning Ordinance for a conditional use
permit.
3.524 Fees. Fees for the review and processing of sign permit applications shall be
imposed in accordance with the fee schedule established by Chapter 14 of the
City Code.
340_350.DOC (283\CNH-CODE)
- 18 -
.
8
8
SUMMARY OF ORDINANCE NO. 98-03
AN ORDINANCE AMENDING THE NEW HOPE SIGN CODE
The following summary of Ordinance No. 98-03 was approved by the New Hope City
Council for official publication.
1.
The title of Ordinance 98-03 is An Ordinance Amending The New Hope Sign Code.
2.
Section One of the ordinance repeals in its entirety the existing Sign Code.
3.
Section Two of the ordinance re-adopts a new Sign Code as Sections 3.40 through 3.524
of the City Code. The new Sign Code is intended to simplify the Sign Code and make
it more user friendly for application by both City staff and all applicants for Sign Code
permits. The new code provides for new rules and definitions in Section 3.42, sets forth
in Section 3.43 general standards for permitted signs in all zoning districts, specifies all
prohibited signs in Section 3.44, specifies the general permitted signs in all zoning
districts in Section 3.46, sets out specific permitted signs in residential, residential office
and commercial and industrial zoning districts in Sections 3.47, 3.48 and 3.49
respectively. Basically, the specific sign regulations in the residential, residential office,
commercial and industrial area deal with wall, window, freestanding ground, roof and
monument signs and reader boards. Sections 3.50, 3.51 and 3.52 of the new Sign Code
deal with non-conforming signs, variances to the sign code and permit application
procedures respectively.
4.
Section 3 of the ordinance establishes its effective date upon passage and publication.
5.
This summary was adopted by at least a 4/5ths vote of the Council as required by Minn.
Stat. §412.191. Also, a printed copy of the full text of this ordinance is available for
review during regular business hours at the office of the New Hope City Clerk and it will
also be posted at the New Hope Ice Arena.
Dated the 27th day of July, 1998.
~~
W. Peter Enck, Mayor
Attest: - ~
~ß fYLL
Valerie Leone, City Clerk
ORD98-O3.SUM (281\SAS)
(published in the New Hope-Golden Valley Sun Post on the 5th day of August, 1998)
.
ORDINANCE NO. 98-04
AN ORDINANCE AMENDING THE NEW HOPE
ZONING CODE BY REDUCING THE REAR YARD
SETBACKS IN THE R-1 AND R-2 ZONING DISTRICTS
AND AMENDING THE SETBACK REGULATIONS ON
COLLECTOR STREETS AND THOROUGHFARES
The City Council of the City of New Hope ordains:
Section 1. Section 4.034 (3) "Setbacks" of the New Hope City Code is hereby
amended to read as follows:
(3) Setbacks. All setback distances, as listed in the table below, shall be
measured from the appropriate lot line.
Front Yard Side Yard Rear Yard
. R-1 30ii(a) (b) (c) 3ã 25
R-2 30(a) (b) (c) 3ã 25
R-3 30 20 35
R-4 35 20 35
R-5 35 20 35
R-O 35 10(b) 35
B-1 35(a) 10(b) 35
B-2 35(a) 10(b) 35
B-3 35 10 35
B-4 35 10 35
1-1 50 20 35
1-2 50 10(a) 35
Section 2. Section 4.034(4)(b) "Setbacks Along Thoroughfares" of the New
Hope City Code is hereby amended to read as follows:
(b)
Setbacks alona Thorouahfares. Heavily used streets designed as collector
streets, or thoroughfares, have special minimum set back needs and
requirements.
.
.
.
.
(i)
Along the following thoroughfares the minimum front setback
shall be ninety seventy-five feet from the center line of the street or
fifty thirty-five feet from the street right-of-way line, or seventy five feet
from the center line of tho stroet, whichever is the greater setback.
~ Avenuo North Medicine lake Road
36th Avenue North
42nd Avenue North
49th Avenue North
Bass lake Road
West Broadway
Winnetka Avenue
County Road #18 State Hiahwav 169 (including service roads)
Boone Avenue North
(ii)
Where the side yard is adjacent to one of above named
thoroughfares, the minimum the setback shall be thirty-five feet
from the right-of-way line or seventy-five feet from the center line
of the street, whichever is the greater.
Section 3. This ordinance shall be effective upon its passage and publication.
Dated this 23 rd day of
~~a rch
,1998.
51 /.l-køL
W. Peter Enck, Mayor
ATTEST: ~ ~ /
Valerie leone, City Clerk
(Published in the New Hope-Golden Valley Sun Post on the 1st day of Apri 1
1998.)
.
.
.
ORDINANCE NO. 98-05
AN ORDINANCE AMENDING THE NEW HOPE
ZONING CODE BY MODIFYING THE REGULATIONS
APPLICABLE TO ACCESSORY BIDLDINGS AND GARAGES
IN RESIDENTIAL DISTRICTS
The City Council of the City of New Hope ordains:
Section 1. Section 4.032 (3) "Accessory Buildings. Uses and Equipment" of
the New Hope City Code is hereby amended by repealing in their entirety subsections
(a) "Integral Part", (b) "Rear Yard Limitations", (c) "Garage Location Limitations", (d)
"Further Location Limitations" and (f) "Area Limits, Storage".
Section 2. Section 4.032(3) "Accessory Buildings. Uses and Equipment" of
the New Hope City Code is hereby amended by adding new subsections (a) "Permitted
Locations and Setbacks", (b) "Prohibited Locations" and (c) "Permitted Sideyard Setback
Variance" to read as follows:
(3)
Accessory Buildings. Uses and Equipment. An attached garage or attached
accessory building shall be considered an integral part of the principal building.
Attached garages and attached accessory buildings shall meet all required building
setbacks of the applicable zoning district. Detached garages and accessory
buildings must comply with the location. setback. size and area restrictions of this
section.
(a)
Permitted Locations and Setbacks. Accessory garages and buildings. both
attached and detached. are permitted in side yards and rear yards.
Detached structures are also subject to the following setback conditions:
ill
ilil
( iii)
(iv)
ÍYl
side yard interior
side yard abutting a street
side yard abutting a collector or arterial street
all rear yards - accessory buildings
all rear yards - garage
5 feet
20 feet
30 feet
5 feet
10 feet
(b)
Prohibited Locations. No garage or accessory building shall be located
in any front yard or a drainage and utility easement.
(c)
Permitted Side Yard Setback Variance. Notwithstanding §4.O32(3)(a)(ii)
and Oii) of this Code. a 3 foot variance into a required side yard abutting
a street will be permitted for construction of an accessory building or
garage subject to the following conditions and §4.22 of this Code:
98-05 - 1
.
.
.
ill
The physical constraints of the lot make the encroachment
necessary to maximize indoor storai!e on the property
which would be prevented by strict compliance with
setback standards.
fill
The proposed structure will not be located in a drainage or
utility easement.
(iii)
The City Council shall determine that the buildini! will not
nei!atively impact the neighboring or adjacent property.
(iv)
The same or similar quality building material shall be used
in the accessory building as in the principal building.
Additionally. the exterior appearance and architectural
design of the accessory building are to be similar to that of
the principal building.
Section 3. Sections 4.032(3)(e) "Area Limits. General", (g) "Garage and On-
Site Parking Space", and (h) "Limit on Numbers" are hereby renumbered Sections
4.032(3) (d), (e) and (t), respectively, and amended to read as follows:
(d)
Area Limits. General. Ne-ilAccessory building Øf and garage area in the
R-l and R-2 Zoning Districts for siøgle or two family resideRtial uses
shall be limited to a combined total area of 1.400 sq. ft. occupy more llum
tweRty fi':e percent of a reM Yafd. Also. no individual garage or buildiRg
stmctl:lre shall -Bef exceed Rifle ¡moored 1.000 square feet of floor area
or exceed 15 feet in height. No storage type building shall exceed 400
square feet of floor area or exceed 12 feet in heii!ht. Construction of
storage type accessory buildings or i!arages are rel!Ulated by Chapter 3 of
this Code.
(e)
Garage and On-Site Parking Space. No fJermit shall be issued for the
coRstmctiøR of mere than ODe (1) private aecessery gafage stmctl:lre for
each d\velling. Each applicant for a building permit to construct any
dwelling shall be required to provide an off-street parking space for at
least eBe 1 automobile per family dwelling to be housed in addition to any
garage space to be used. Every dwelling unit hereafter erected shall be
so located on the lot so that at least a two (2) CM garage space for at least
2 vehicles. either attached or detached, can be located on said lot.
(t)
Limit on Numbers. Eaeh Every lot in the R-l and R-2 Zoning Districts
shall be limited to no more than 2 oRe(1) accessory building~, including
an attached iR addition to aR accessory garage.
98-05 - 2
.
.
.
Section 4. Section 4.032(3)(i) "Air Conditioners", (j) "Accessory Antennas"
and (k) "Pump Island Canopy" are hereby renumbered to sectionsYO32(3)(g), (h) and
(i) respectively. Lf
Section 5.
This ordinance shall be effective upon its passage and publication.
Dated this 26 th day of
r~ay
, 1998.
;;/M~
W. Peter Enck,
Mayor
ATTEST:
'hhkU ~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun Post on the 3rd day of June
1998.)
98-05 - 3
.
.
.
ORDINANCE NO. 98-06
AN ORDINANCE INCREASING CITY WATER RATES
AND ESTABLISHING A RECONNECTION CHARGE
The City Council of the City of New Hope ordains:
Section 1. Section 14.510 (2) 'Water Rates" of the New Hope City Code
is hereby amended to read as follows:
(2)
Water Rates. Water bills shall be concurrent with sewer billings. The rate
for water furnished to consumers by the municipal water system shall be
as follows: The minimum quarterly charge will be $6.25 $7.00 for each
meter plus $4AQ $1.57 for each 1,000 gallons of consumption over and
above the initial 1,000 gallons recorded on said meter for the quarter.
$1 .30 of the minimum quarterly charge is assessed by the Minnesota
Commissioner of Health and shown on the billing statement as a
miscellaneous charge. This charge is authorized by Minn.Stat.
§144.3831.
Section 2. Section 14.510 (8) "Reconnection Charae" of the New Hope
City Code is hereby added to read as follows:
(8)
Reconnection Charae. A 35.00 service fee shall be char ed for
reconnection to the City's water service resultina from non-payment of the
City water billina or if the disconnection is voluntary and reQuested~
either the owner or occupant of the property.
Section 3. Section 5.049 (8) "Non-Payment" of the New Hope City Code
is hereby amended to read as follows:
(8)
Non-Payment. The water supply may be shut off from any premises for
which the water bill remains unpaid and in default, after notice as provided
in Chapter 1. The decision to shut off the water supply may be appealed
as provided in Chapter 1. When shut off, the water shall not be turned on
except upon the payment of the bill, together with interest thereon at the
rate of 10%, and payment in an amount to be determined by the Council
to cover costs to the Clerk for restoring service the reconnection fee set
out in § 14.510(8) of this Code. Provided, however, that if the consumer of
water whose bill is unpaid is not the owner of the premises, and the Clerk
has notice of this, then notice as provided in Chapter 1, shall be to the
owner of the premises as indicated on the City records, and the water
.
.
.
supply shall not be shut off unless the bill with interest is not paid within 10
days after notice is completed. The Clerk will begin the notice process
within 20 days after the due date.
Section 4. Section 5.049 (9) "Reconnection to Water Service" of the New
Hope City Code is hereby added to read as follows:
(9)
Reconnection to Water Service. A fee for reconnection to the City water
service as set out in 14.510 8 of this Code shall be char ed a ainst an
property after a voluntary disconnection reQuested~her a property
owner or occupant for any reason. Said reconnection service will be
performed only between the hours of 7:30 a.m. throuah 3:00 p.m. Monday
throuah Friday excludina City holidays. A person reQuest,na a voluntary
disconnection shall be informed of this fee and conditions of reconnection
prior to the service beina disconnected. however the City's failure to
provide the owner or occupant with notice of the fee or times of
reconnection shall not relieve the owner or occupant of payment for this
reconnection fee.
Section 5. Section 14.510 (1)(a) "Oriainal Meter" of the New Hope City
Code is hereby amended to read as follows:
(a)
Oriainal Meter. The charge to the consumer for the meter shall
cover the City's actual cost (including shipping charges) of the
meter. all shippinq charaes and-1L$20.00 C~arge.
These costs do not include any installation fee since oriainal meters
must be installed by a licensed plumber. to the City. Said charge
shall also include a handling charge as established by the City
Manager, which charge shall not exceed tv.'enty percent of the
actual cost of the meter to the City. The City Manager shall, from
time to time, post with the Water Department the total purchase
price for the meters as established hereinabove.
Section 6. Section 14.510 (1 ) (b) "Replacement Meters" of the New Hope
City Code is hereby amended to read as follows:
(b)
Replacement Meters. Replacement meters shall be furnished by
the City to users of the water system on the same cost basis as
fleW oriqinal meters unless the City is reQuested by the owner to
install the meter. In this event. the City handlina charae shall be
increased to $35.00. Upon request of the user, the cost of such
replacement shall be divided in four parts, and be billed quarterly
with the regular water bill, at no interest.
.
Section 7. Effective Date. Section 1 of this ordinance shall be effective in
the City's water billing districts as follows: District 1 on April 1, 1998, District 2 on
May 1, 1998, and District 3 on June 1, 1998. The remaining sections shall be
effective upon passage and publication of this ordinance.
Dated this 23rd day of
February
,1998.
>I j:)Ú
W. Peter E~k,
Mayor
A nEST: 'h l1A-Ù ~
Valerie Leone, City Clerk
.
.
(Published in the New Hope-Golden Valley Sun Post on the 4 th
March 1998.)
day of
.
.
.
ORDINANCE NO. 98-07
AN ORDINANCE AMENDING NEW HOPE
CITY CODE BY MAKING IT
UNLAWFUL TO CUT ACROSS PRIVATE OR PUBLIC
PROPERTY TO AVOID A TRAFFIC CONTROL DEVICE
The City Council of the City of New Hope ordains:
Section 1. Section 11.09 "Unlawful Avoidance of Traffic Control Device"
of the New Hope City Code is hereby added to read as follows:
11 .09 Unlawful Avoidance of Traffic Control Device. It shall be unlawful to drive
a motor vehicle across public or private property to avoid the traffic
instruction of a properly functioning automatic semaphore, stop sign or
other traffic sign or any other traffic control device so as to obviate the
need to comply with the traffic control device, unless so directed by a
police officer.
Section 2. Effective Date. This ordinance shall be effective upon
passage and publication of this ordinance.
Dated this 23rd day of
February
,1998.
5t~4
W. Peter Enck,
Mayor
ATTEST: ~~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun Post on the
March ,1998.)
4th
day of
.
ORDINANCE NO. 98-08
AN ORDINANCE AMENDING NEW HOPE
CODE SECTION 2.041 BY MODIFYING
THE OPEN FORUM PROCEDURE AT CITY COUNCIL MEETINGS
The City Council of the City of New Hope ordains:
Section 1. Section 2.041 "Schedule of Proceedincs" of the New Hope
City Code is hereby amended to read as follows:
2.041 Schedule of Proceedincs. Each meeting of the Council shall convene at
the time and place appointed therefor. Council business shall be
conducted in the following order, except that however the open forum shall
be held only at the meoting on the fourth Monday of each month limited to
fifteen minutes in duration and no speaker at the open forum may exceed
three minutes for a presentation.
.
(1) Call to order;
(2) Pledge of Allegiance;
(3) Roll call;
(4) Approval of Minutes;
(5) Open Forum;
(6) Consent Business;
(7) Public Hearing;
(8) Development and Planning;
(9) Petitions and Requests;
(10) Ordinances and Resolutions;
(11) Unfinished and Organizational Business;
(12) Other Business;
(13) Adjournment.
Section 2. Effective Date. This ordinance shall be effective upon
passage and publication of this ordinance.
Dated this 23rd day of
Februa ry
~
W. Peter Enck,
Mayor
.
ATTEST: ~lA.,Ú ~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun Post on the 4th
t1arch 1998.)
day of
.
.
.
ORDINANCE NO. 98-09
AN ORDINANCE ADOPTING BY REFERENCE
HENNEPIN COUNTY ORDINANCE NUMBER
SIXTEEN ESTABLISHING A COUNTY-WIDE
NIGHTTIME CURFEW FOR JUVENILES
The City Council of the City of New Hope ordains:
Section 1. Sections 9.241 "Under Age of 15 Years", 9.242 "Under Age
of Eighteen Years", 9.243 "Responsibility of Parents" and 9.244 "Places of
Amusement" of the New Hope City Code are hereby repealed in their entirety.
Section 2. Section 9.24 "Curfew" of the New Hope City Code is hereby
amended by adding new subsections 9.241 "Historical Reference", 9.242
"Findings and Procedure", 9.243 "Definitions", 9.244 "Prohibited Acts", 9.245
"Defenses" and 9.246 "Penaltv" to read as follows:
9.24 Curfew. The Hennepin County Ordinance Number 16 setting a county-
wide. nighttime curfew for juveniles. established pursuant to Minn.Stat.
&145A.05. subd. 7a (1994) is hereby adopted by this reference as the
Citv's curfew ordinance and is incorporated into this Code as if completely
set forth herein.
9.241 Historical Reference. Hennepin Countv Ordinance Number 16
became effective October 20. 1994 by adoption by the County
Board. It has since been amended on June 27. 1995. It is the
intent of this Code to set out in full the entire provisions of
Ordinance Number 16 as amended on June 27. 1995. however it is
the further intent of this Code to incorporate by reference all future
amendments made to Ordinance Number 16 by the County Board
regardless of whether the following code sections are amended
consistent with the County Board's amendments to Ordinance
Number 16. It is the intent of this Code to enforce Ordinance
Number 16 as amended on June 27. 1995 and all further
amendments thereto as the curfew ordinance of the Citv.
9.242 Findings and Purpose.
1.
In recent years there has been a significant increase in
juvenile victimization and crime. At the same time. the
crimes committed bv and against juveniles have become
more violent. A significant percentage of juvenile crime
occurs during curfew hours.
.
2.
Because of their lack of maturity and experience. juveniles
are particularly suspeptible to becoming victims of older
perpetrators. The vounger a person is. the more likelv he or
she is to be a victim of crime.
3.
While parents have the primary responsibility to provide for
the safety and welfare of juveniles. the Citv also has a
substantial interest in the safety and welfare of juveniles.
Moreover. the City has an interest in preventing juvenile
crime. promoting parental supervision. and providing for the
well being of the aeneral public.
4.
A juvenile curfew will reduce juvenile victimization and crime
and will advance public safety. health. and general welfare.
9.243 Definitions. For purposes of New Hope Code ~~9.24 through 9.246
onlv the followina definitions shall applv:
.
.
1.
"Juvenile" means a person under the aae of eighteen (18).
The term does not include persons under 18 who are
married or have been leaallv emancipated.
2.
"Parent" means birth parents. adoptive parents. and step-
parents.
3.
"Guardian" means an adult appointed pursuant to Minn.Stat.
~525.6155 or ~525.6165 w~has the powers and
responsibilities of a parent as defined by Minn.Stat.
~525.619.
4.
"Responsible Adult" means a person eiahteen (18) years or
older specifically authorized bv law. by a parent or auardian
to have custody and control of a juvenile.
5.
"Public Place" means any place to which the public or a
substantial aroup of the public has access and includes. but
not limited to. streets. highwavs. and the common areas of
school. hospitals. apartment houses. office buildings.
transport facilities. and shops.
6.
"Emeraency" means a circumstance or combination of
circumstances requiring immediate action to prevent
property damage. serious bodily iniury or loss of life.
.
7.
"Serious bodilv injury" means bodilv injury that creates a
substantial risk of death or that causes death. serious
permanent disfiaurement. or protracted loss of impairment of
the function of anv body part or organ.
8.
"Establishment" means anv private Iv-owned place of
business to which the public is invited including but not
limited to any place of amusement. entertainment or
refreshment.
9.
"Proprietor" means any individual. firm. association.
partnership or corporation operatina. manaaing. or
conductina any establishment. The term includes the
members or partners of an association or partnership and
the officers of a corporation.
9.244 Prohibited Acts.
.
.
1.
It is unlawful for a juvenile under the age of 12 to be present
in anv public place or establishment within Hennepin Countv:
a.
any time between 9:00 p.m. on anv Sundav. Mondav.
Tuesdav. Wednesdav or Thursday and 5:00 a.m. of
the followina day.
any time between 10:00 p.m. on anv Friday or
Saturday and 5:00 a.m. on the followina day.
b.
2.
It is unlawful for a iuvenile. age 12 to 14. to be present in any
public place or establishment within Hennepin County:
a.
anv time between 10:00 p.m. on any Sunday.
Monday. Tuesday. Wednesdav or Thursday and 5:00
a.m. on the following day.
anv time between 11 :00 p.m. on anv Fridav or
Saturday and 5:00 a.m. on the followina day.
b.
3.
It is unlawful for a juvenile. aae 15 to 17. to be present in anv
public place or establishment within Hennepin County:
a.
any time between 11 :00 p.m. on any Sunday.
Monday. Tuesday. Wednesday or Thursdav and 5:00
a.m. of the following dav.
anv time between 12:01 a.m. and 5:00 a.m. on any
Saturday or Sunday.
b.
.
4.
It is unlawful for a parent or guardian of a juvenile knowingly.
or throuah nealigent supervision. to permit the juvenile to be
in anv public place or establishment within the Citv during
the hours prohibited in paraaraphs 1. 2 and 3 of this section.
5.
It is unlawful for a proprietor of an establishment within the
City to knowingly permit a juvenile to remain in the
establishment or on the establishment's propertv during the
hours prohibited in paraaraphs 1. 2 and 3 of this section. If
the proprietor is not present at the time of the curfew
violation. the responding officer shall leave written notice of
the violation with an emplovee of the establishment. A copv
of the written notice shall be served upon the
estaablishment's proprietor personallv or bv certified mail.
9.245 Defenses.
1.
.
2.
.
It is an affirmative defense for a juvenile to prove that:
a.
the juvenile was accompanied bv his or her parent.
auardian or other responsible adult.
the juvenile was engaaed in a lawful employment
activity or was going to or returnina home from his or
her place of employment.
the juvenile was involved in an emeraencv situation.
the juvenile was aoing to. attendina. or returning
home from an official school. reliaious. or other
recreational activity sponsored and/or supervised by a
public entitv or a civil oraanization.
the juvenile was on an errand at the direction of a
parent or auardian.
the juvenile was exercisina First Amendment riahts
protected bv the United States Constitution or Article I
of the Constitution of the United States.
the juvenile was engaged in interstate travel.
the juvenile was on the public right-of-wav boulevard
or sidewalk abutting the property containing the
juvenile's residence or abutting the neighboring
property. structure or residence.
b.
c.
d.
e.
f.
g.
h.
It is an affirmative defense for a proprietor of an
establishment to prove that:
.
.
.
a.
the proprietor or employee reasonablv and in aood
faith relied upon a juvenile's representations of proof
of age. Proof of aae mav be established pursuant to
Minn.Stat. &340A.503. subd. 6. or other verifiable
means. including. but not limited to. school
identification cards and birth certificates.
the proprietor or emplovee promptly notified the
responsible police agency that a juvenile was present
on the premises of the establishment durina curfew
hours.
b.
9.246 Penalty.
1.
Violation of &9.244. 1. 2 or 3. will be prosecuted pursuant to
Minn.Stat. &260.195 and will be su~ect to the penalties
therein.
2.
Violation of &9.244. 4 or 5. is a misdemeanor and will be
subject to the penaltv set forth in Minn.Stat. &609.03.
Section 3. This ordinance shall be effective upon its passage and
publication.
Dated this 23rddayof
February
,1998.
d~~
W. Peter Enck, Mayor
ATTEST: ~
(Published in the New Hope-Golden Valley Sun Post on the 4 th day of
March, 1998.)
.
.
8
ORDINANCE NO. 98-11
AN ORDINANCE AMENDING NEW HOPE CITY CODE
SECTION 6.02 RELATING TO WEIGHT AND LOAD LIMITS
ON CITY STREETS BY CONFORMING SAID LIMITS
TO STATE REGULATIONS
The City Council of the City of New Hope ordains:
Section 1. Section 6.021 "Weight Limits" of the New Hope City Code is
amended by repealing in its entirety subsection (2) "Non-pneumatic Tires", by
renumbering subsections (3) "Seasonal Restrictions" and (4) "New Streets" to (1) and
(2) respectively, and by amending subsections (1) "Pneumatic Tires", (3) "Seasonal
Restrictions" and (4) "New Streets" to read as follows:
6.021 Weight Limits. Pnel:H'Batie Tires. No vehicle equipped with paeamatie tires
shall be operated upon the streets within the City streets in violation of Minn.
Stat. §§169.80 through 169.88. These sections of the Minnesota Statute are
hereby incorporated and adopted as part of the New Hope City Code by this
reference as if said statutes were fully set out herein.
(1)
Seasonal Restrictions. No vehicle shall operate upon any City street
\vithin the City between March M 20 and May 4- 15 of any year, with a
gross weight in excess of 75% of the limitations provided in §6.021
paragraphs (1) aDd (2) above. The Council may alleviate or extend the
period of these seasonal restrictions if, in its opinion, the same is
necessary for the protection of the City streets in the City, by resolution
setting therein the period of such extension or alleviation.
(2)
New Streets. No vehicle having a gross weight in excess of 75% of the
limitations provided for in §6.021 paragraphs (1) and (2) above, shall
operate upon any street witkin the City street which has been surfaced
with bituminous materials, until one year after such surfacing has been
completed.
ill
Street Designation. For weight limitation purposes. all streets within the
City are designated as 5 ton streets including 49th Avenue North and 50th
Avenue North between Boone and Winnetka Avenues North. However.
the following streets shall be designated 9 ton streets for weight limitation
purposes and are excepted from the 5 ton limitation:
ful
Boone A venue North between 62nd A venue North to Medicine
Lake Road
98-11 - 1
.
ill
Í£l
@
~
ill
{gl
ill
ill
ill
ill
ill
(m)
ÚlÌ
{Ql
.
úll
í9.l
.ú1
~
ill
.úù
East Research Center Road
Hillsboro Avenue North between 50th. 51st. and 52nd Avenues
North
International Parkway
Quebec Avenue North between 49th Avenue North to Winnetka
A venue North
Science Center Drive
West Research Center Road
Winnetka Avenue North between Bass Lake Road to 62nd Avenue
North
52nd Avenue North. west of Boone Avenue North
62nd A venue North between Boone A venue North to Louisiana
A venue North
36th Avenue North
Nevada Avenue North between 36th Avenue North to Medicine
Lake Road
Louisiana A venue North between Medicine Lake Road to 32nd
A venue North
32nd Avenue North between Winnetka Avenue North to Louisiana
A venue North
56th A venue North between Boone A venue North to Xylon
A venue North
Xylon Avenue North between 56th A venue North to Bass Lake
Road
54th Avenue North between Boone Avenue North to Winnetka
A venue North
49th A venue North between Winnetka A venue North to Louisiana
Avenue North
47th Avenue North between Boone Avenue North to Winnetka
A venue North
Xylon Avenue North between 42nd Avenue North to 45th Avenue
North
45th Avenue North between Xylon Avenue North to Winnetka
A venue North
Section 2. Section 6.022 "Lugs Prohibited" of the New Hope City Code is
hereby amended to read as follows:
6.022 Lugs Prohibited. No person shall drive or operate any vehicle equipped with
steel or metal lugs upon any oiled or bituminous sarfaeed street iB the City street.
Section 3.
8
Sections 11.04 "Restrictions on Use of Certain Streets"
98-11 - 2
.
.
.
through 11.044(4) "Sign Placement" of the New Hope City Code are hereby repealed
in their entirety.
Section 4. Effective Date. This ordinance shall be effective upon passage and
publication of this ordinance.
Dated this 24th day of
August
, 199~~~
W. Peter Enck,
Mayor
ATTEST:
ý~
Valerie Leone, CIty Clerk
(Published in the New Hope-Golden Valley Sun Post on the 2nd day of September,
1998.)
98-11 - 3
.
.
.
ORDINANCE NO. 98-13
AN ORDINANCE ESTABLISHING COMMERCIAL
DAY CARE FACILITIES AS CONDITIONAL USES
IN THE B-1, B-2 AND B-4 ZONING DISTRICTS
The City Council of the City of New Hope ordains:
Section 1. Section 4.104 "Conditional Uses. B-1 " of the New Hope Code
is hereby amended by adding subsection 4.104(4) "Day Care Facility" to read as
follows:
(4)
Dav Care Facilitv. A state licensed facility. serving thirteen or more people
provided that:
(a)
Off-Street Parking. Adeauate off-street parking and access is
provided in compliance with Section 4.036 of this Code. The
design and location of the facility drop off area shall not interfere
with internal site circulation.
(b)
Off-Street Loading. Adeauate off-street loading and service
entrances are provided in compliance with Section 4.037 of this
Code. The loading area size may be reduced or the requirement
waived if the following conditions are met:
1.
The site cannot phvsicallv accommodate a loadina berth to
the size required.
2.
Semi-trailer truck deliveries will not occur at the site or all
deliveries will occur at a time that will not conflict with
customer or employee buildina access or parkina demand.
(c)
Outdoor Play Area. Outdoor play areas are landscaped and
screened from abuttina residential properties in compliance with
Section 4.033(3) of this Code.
(d)
Sians. All signing. information or visual communication devices are
in compliance with Section 3.464(1) of this Code.
(e)
General Conditional Use Reauirements. lhe provisions of Section
4.21 through 4.212 (6)(c) of this Code are met.
.
.
.
State Re ulations. The structure and 0 eration shall be in
compliance with State of Minnesota Department of Human Services
reaulations and shall be licensed accordinalv.
Section 2. Section 4.134(1) "Less Intensive Use District" of the New
Hope City Code is hereby amended to read as follows:
(1 )
Less Intensive Use District. All conditional uses, subject to the same
conditions as allowed in the 8~ 2 Districts excluding any "8-32"
conditional use listed as "permitted" in the "8-4".
Section 3. Effective Date. This ordinance shall be effective upon
passage and publication of this ordinance.
Dated this 13th day of
Apri 1
,1998.
ATTEST: ~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun Post on the 22nd
Apri 1 , 1998.)
day of
8
.
8
ORDINANCE NO. 98-14
AN ORDINANCE AMENDING
NEW HOPE CODE §6.134(6) REGULATING
SPORTS ACTIVITY AND GOLF PLAYING IN CITY PARKS
The City Council of the City of New Hope ordains:
Section 1. Section 6.134(6) "Games"
Code is hereby amended to read as follows:
of the New Hope City
(6 )
Games. Take part in, aid or aße4::. assist in the
playing of any orGanized or unorGanized sport
activities or games involving thro~n or other
propelled obj ecto ouch ao b;:¡llo, otone,
;:¡rrmm, j ;:¡'..elino ;:¡nd model ;:¡irplaneo except in ;:¡re;:¡o
oet ;:¡p;:¡rt for ouch forma of recre;:¡tion. The playing
of rough or compar;:¡tively d;:¡ngerouo gaffieo ouch ao
footb;:¡ll, b;:¡oeb;:¡ll, and quoito io prohibited except
on ~ ~ field, aftà courts or areas provided
therefor. Roller skating or bladinG, skate
boardinG or biking shall be confined to thoDe
;:¡re;:¡o specifically designated areas for said
activities and is not allowed on any court surface.
Archery, use of arrows, i avelins and model airplanes
and Golf play of any kind shall be prohibited. ~
ouch p;:¡otime. All other casual recreational activity
must be conducted in such a manner as not to
interfere with the reasonable eniovrnent of the park
by other persons or with the reasonable riGht of
adioininG landowners.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
8th
day of
June
, 199~
W. p~or
Attest, ~ ~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
June I 199L.)
17th
day of
.
.
.
ORDINANCE NO. 98-15
AN ORDINANCE AMENDING CHAPTER SIX OF THE NEW HOPE CITY
CODE BY ESTABLISHING MANAGEMENT REGULATIONS FOR THE
PUBLIC RIGHT-OF-WAY
The City Council of the City of New Hope ordains:
Section 1. Section 6.14 "Right-of-Way Management" of the New Hope City
Code is hereby added to read as follows:
6.14
Right-of -Way Management.
6.141 Findings and Purpose. The City holds the rights-of-way within its
geographical boundaries as an asset in trust for its citizens. The City and other
public entities have invested substantial dollars in public funds to build and
maintain the rights-of-way. The City also recognizes that by placing other utility
equipment in the right-of-way for the purpose of delivering services to the citizens
of the City also is a public use of this property for the public good. Although
such services are necessary or convenient for the citizens, other persons or
entities receive revenue and/or profit through their use of public property.
Although the installation of such service delivery facilities are in most cases a
necessary and proper use of right-of-way, the City must regulate and manage such
uses.
To provide for the health, safety and well-being of its citizens, and to ensure the
structural integrity of its streets and the appropriate use of the rights-of-way, the
City strives to keep its rights-of-way in a state of good repair and free from
unnecessary encumbrances. Although the general population bears the financial
burden for the upkeep of the rights-of-way, one of the causes for the early and
excessive deterioration of its rights-of-way is frequent excavation.
This Section imposes reasonable regulations on the placement and maintenance
of equipment currently within its rights-of-way or to be placed therein at some
future time. It is intended to complement the regulatory roles of state and federal
agencies. Under this Section, persons disturbing and obstructing the
rights-of-way will bear a fair share of the financial responsibility for their
integrity. Finally, this Section provides for recovery of the City's costs
associated with managing its rights-of-way.
6.142 Definitions. The following words, terms and phrases, as used herein,
have the following meanings:
98-15 - 1
.
.
(5)
(6)
(7)
(8)
(9)
(10)
.
(1)
City Cost. The actual cost incurred by the City for public rights-of-way
management; including but not limited to costs associated with registering
applicants; issuing, processing, and verifying right-of-way permit
applications; inspecting job sites and restoration projects; maintaining,
supporting, protecting, or moving facilities during public right-of-way
work; determining the adequacy of right-of-way restoration; restoring
work inadequately performed; mapping of "as built" locations of facilities
located in rights-of-way; and revoking right-of-way permits and
performing all other tasks required by this Section, including other costs
the City may incur in managing the provisions of this Section.
(2)
Degradation. The accelerated depreciation of the right-of-way caused by
excavation or disturbance of the right-of-way, resulting in the need to
reconstruct such right-of-way earlier than would be required if the
excavation did not occur.
(3)
Degradation Cost. Money paid to the City to cover the cost associated
with a decrease in the useful life of a public right-of-way caused by
excavation.
(4)
Emergency. A condition that 1) poses a clear and immediate danger to
life or health, or of a significant loss of property; or 2) requires immediate
repair or replacement in order to restore service to a customer.
Equipment. Any tangible thing or asset used to install, repair or maintain
facilities in any right-of-way; but shall not include boulevard plantings or
gardens planted or maintained in the right-of-way between a person's
property and the street curb.
Excavate. To dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
Permit. A permit issued pursuant to this Section.
Permit Holder. Any person to whom a permit to excavate or place
equipment or facilities in a right-of-way has been granted by the City
under this Section.
Registrant. Any person who has or seeks to have its facilities or
equipment located in any right-of-way.
Restore or Restoration. The process by which the right-of-way and
surrounding area, including pavement and foundation, is returned to the
condition that existed before the commencement of the work.
98-15 - 2
.
(11)
(12)
(13)
(14)
.
Restoration Cost. Money paid to the City by a permittee to cover the
cost of restoration.
Right-of-Way. The surface and space above and below a public roadway,
highway, street, cartway, bicycle lane and public sidewalk in which the
City has an interest, including other dedicated rights-of-way for travel
purposes and utility easements owned by the City for City utility purposes.
Service or Utility Service. Includes but is not limited to 1) those services
provided by a public utility as defined in Minn. Stat. §216B.O2, Subds.
4 and 6; 2) telecommunications, pipeline, community antenna television,
fire and alarm communications, water, sewer, electricity, light, heat,
cooling energy, or power services; 3) the services provided by a
corporation organized for the purposes set forth in Minn. Stat. §300.03;
4) the services provided by a district heating or cooling system; and 5)
cable communications systems as defmed in Minn. Stat. Chap. 238.
Telecommunication Rights-of-Way User. A person owning or
controlling a facility in the public right-of-way, or seeking to own or
control a facility in the public right-of-way, that is used or is intended to
be used for transporting telecommunication or other voice or data
information. For purposes of this Section, a cable communication system
defined and regulated under Minn. Stat. Chap. 238, and
telecommunication activities related to providing natural gas or electric
energy services are not telecommunications right-of-way users.
6.143 Registration.
(1)
(2)
.
Annual Registration Required. No person shall construct, install,
repair, remove, relocate or perform any work within any right-of-way
without first being registered pursuit to this subsection. Such registration
shall be made on an application form provided by the City and shall be
accompanied by the registration fee provided in Chapter 14 of this Code.
A service or utility service operating under a franchise with the City shall
register pursuant to this subsection but need not provide the registration
information required by subsection (2) of this subsection if such
information has been submitted pursuant to the franchise agreement. A
person who pays a franchise fee to the City in accordance with a franchise
agreement shall be exempt from payment of a registration fee.
Registration Information. The registrant shall provide the following at
the time of registration and shall promptly notify the City of changes in
such information:
98-15 - 3
.
(a)
(b)
(c)
.
.
Registrant's name, address, telephone number, facsimile number
and Gopher One-Call registration certificate number if required by
State law.
Name, address, telephone number, and facsimile number of the
person responsible for fulfilling the obligations of the registrant.
A Certificate of Insurance from a company licensed to do business
in the State of Minnesota providing coverage in the following
amounts.
(i)
GENERAL LIABILITY: Public Liability, including
premises, products and complete operations.
Bodily Injury Liability. . . . . . $1,000,000 each person
$3,000,000 each occurrence
Property Damage Liability $3,000,000 each occurrence
Bodily Injury and Property and
Damage Combined. . . . . .. $3,000,000 single limit
(ii)
COMPREHENSIVE: Automobile Liability Insurance,
including owned, non-owned and hired vehicles.
Bodily Injury Liability. . . . . . $1,000,000 each person
$3,000,000 each occurrence
Property Damage Liability $3,000,000 each occurrence
In lieu of 1) & 2) Bodily Injury
and Property Damage Combined $3,000,000 single limit
Such certificate shall verify that the registrant is insured
against claims for personal injury, including death, as well
as claims for property damage arising out of the (i) use and
occupancy of the right-of-way by the registrant, its officers,
agents, employees and permittees, and (ii) placement and
use of equipment or facilities in the right-of-way by the
registrant its officers, agents, employees and permittees,
including but not limited to, protection against liability
arising from completed operations, damage of underground
equipment and collapse of property. Such certificate shall
also indicate the registrant's insurance is the primary
coverage, shall name the City as an additional insured as to
whom the coverage's required herein are in force and
applicable and for whom defense will be provided as to all
such coverage's. Such certificate shall require that the City
98-15 - 4
.
(d)
(e)
(I)
(3)
be notified 30 days prior to cancellation or nonrenewal of
the policy.
24 hour emergency number.
An acknowledgment by the registrant of the indemnification
pursuant to §6.158(2) of this Code.
Such other information the City may require.
Exceptions. The following are not subject to the requirements of this
subsection.
(a)
(b)
(c)
(d)
. (e)
(I)
(g)
(4)
Persons planting or maintaining boulevard plantings or gardens.
Persons erecting fences, installing driveways, sidewalks, curb and
gutter, or parking lots.
Persons engaged in snow removal activities.
Federal, State, County, and City agencies.
Persons installing pet containment systems.
Plumbers licensed in accordance with Section 3. 111 of this Code.
Persons acting as agents, contractors or subcontractors for a
registrant who has properly registered in accordance with this
subsection.
Term. Registrations issued pursuant to this Section shall expire on
December 1 of each calendar year.
6.144
Permit Required; Bond; Exceptions. No person shall excavate, dig,
tunnel, trench, or install any facilities, equipment or improvements above,
on, or beneath the surface of any right-of-way in the City or any property
owned by the City without first obtaining a permit pursuant to this
subsection.
(1)
Application; Fee. An application for a permit shall be made on forms
provided by the City and shall be accompanied by the fees set forth in
Chapter 14 of this Code which are established to reimburse the City for
City costs. If the work is to be performed by an agent, contractor or
subcontractor on behalf of a registrant, such application shall be signed by
.
98-15 - 5
.,
.
.
the registrant.
following:
The application shall also be accompanied by the
(a)
Scaled drawings showing the location of all facilities and
improvements proposed by the applicant.
(b)
A description of the methods that will be used for installation.
(c)
A proposed schedule for all work.
(d)
The location of any public streets, sidewalks or alleys that will be
temporarily closed to traffic during the work.
(e)
The location of any public streets, sidewalks or alleys that will be
disrupted by the work.
(f)
A description of methods for restoring any public improvements
disrupted by the work.
(g)
Any other information reasonably required by the Public Works
Director or City Engineer.
(2)
Security. For companies not operating under a franchise with the City,
a surety bond, letter of credit or cash deposit in the amount determined by
the Public Works Director or City Manager but not less than $5,000, shall
be required from each applicant. A surety bond shall be from a corporate
surety authorized to do business in the State. Security required pursuant
to this subsection (2) shall be conditioned that the holder will perform the
work in accordance win this Section and applicable regulations, will pay
to the City any costs incurred by the City in performing work pursuant to
this Section; and will indemnify and save the City and its officers, agents
and employees harmless against any and all claims, judgment or other
costs arising from any excavation and other work covered by the permit
or for which the City, Council or any City officer may be liable by reason
of any accident or injury to persons or property through the fault of the
permit holder, either in improperly guarding the excavation or for any
other injury resulting from the negligence of the permit holder. The
bond, letter of credit or cash deposit shall be released by the City upon
completion of the work and compliance with all conditions imposed by the
permit. For permits allowing excavations within public streets, such
bond, letter of credit or cash deposit shall be held for a period of 24
months to guaranty the adequacy of all restoration work.
98-15 - 6
.
(3)
(4)
.
6.145
Permit Issuance; Conditions. The Public Works Director or City
Manager shall grant a permit upon finding the work will comply with
applicable sections of this Code. The permit shall be kept on the site of
the work while it is in progress, in the custody of the individual in charge
of the work. The permit shall be exhibited upon request made by any
City official or police officer. The Public Works Director or City
Manager may impose reasonable conditions upon the issuance of the
permit and the performance of the applicant thereunder to protect the
public health, safety and welfare, to ensure the structural integrity of the
right-of-way, to protect the property and safety of other users of the
right-of-way, and to minimize the disruption and inconvenience to the
traveling public. No permit shall be issued to anyone who has failed to
register in accordance with §6.143 of this Code.
Exceptions. No permit shall be required for the following:
(a)
Landscaping work permitted by the City pursuant to site
improvement agreements.
(b)
Driveways, sidewalks, curb and gutter, and other facilities
permitted by the City pursuant to site improvement agreements.
(c)
Snow removal activities.
(d)
Activities of the City.
Diligence in Performing Work. Work shall progress in an expeditious
manner as reasonably permitted by weather conditions until completion in
order to avoid unnecessary inconvenience to traffic. In the event that the
work is not performed in accordance with applicable regulations pertaining
to excavations and utility connections, or the work is not done in an
expeditious manner, or shall cease or be abandoned without due cause, the
City may, after 72 hour notice to the permit holder, correct the work and
fill the excavation or repair the street. The entire cost of such work shall
be paid by the permit holder upon demand made by the City. The
financial guarantees made per §6.144(2) of this Code may be used by the
City to reimburse itself for the City's incurred costs including its private
engineering consulting fees and attorney fees to complete the work under
this section.
6.146 Standards During Construction or Installation. The permit holder shall
comply with the following standards when engaging in the work:
.
98-15 - 7
.
(4)
(5)
(6)
.
(7)
(8)
(9)
(10)
(11)
.
(1)
Take such precautions as are necessary to avoid creating unsanitary
conditions. Observe and comply with all laws, rules and regulations of
the State and
(2)
Conduct the operations and perform the work in a manner as to ensure the
least obstruction and interference to traffic.
(3)
Take adequate precautions to ensure the safety of the general public and
those who require access to abutting property.
If required by the Public Works Director or City Engineer, notify
adjoining property owners prior to the commencement of work which may
disrupt the use of and access to such adjoining properties.
In all cases where construction work interferes with the normal use of the
construction area, provide for closing the construction area to traffic or to
afford it restricted use of the area and comply with MUTCD traffic safety
signing requirements.
Exercise precaution at all times for the protection of persons, including
employees and property.
Protect and identify excavations and work operations with barricade flags,
and if required, by flagmen in the daytime, and by warning lights at night.
Provide proper trench protection as required by O.S.H.A. when necessary
and depending upon the type of soil, in order to prevent cave-ins
endangering life or tending to enlarge the excavation.
Protect the root growth of trees and shrubbery.
Installation of pipe (utility conductors) under Portland Cement Concrete,
asphalt concrete, or other high-type bituminous pavements shall be done
by jacking, auguring or tunneling as directed by the Engineer unless
otherwise authorized. HDPE sleeving shall be an acceptable casing or
sleeving material for telecommunications installations.
When removing pavement of Portland Cement Concrete, asphalt concrete
or high-type built-up bituminous surfacing, the pavement shall be removed
on each side of the trench or excavation a distance of nine inches beyond
the trench width and length, in order to provide a shoulder and solid
foundation for the surface restoration.
98-15 - 8
.
(12)
(13)
(14)
(15)
.
(16)
(17)
(18)
(19)
(20)
(21)
.
To obtain a straight edge and neat-appearing openIng in pavement
surfaces, the following procedure is required:
(a)
Portland Cement Concrete Pavement - The surface shall be saw-cut
scored two inches deep and the concrete broken out by sledge or
pneumatic hammer chisel.
(b)
Asphalt Concrete - The surface shall be cut full depth by
pneumatic hammer chisel.
Excavations, trenches and jacking pits off the roadway or adjacent to the
roadway or curbing shall be sheathed and braced depending upon location
and soil stability, and as directed by the City.
Excavations, trenches and jacking pits shall be protected when unattended
to prevent entrance of surface drainage.
All backfilling must be placed in six inch layers at optimum moisture and
compacted with the objective of attaining 100 percent of AASHO density.
Compaction shall be accomplished with hand, pneumatic or vibrating
compactors as appropriate.
Backfill material shall be Class 5, or better at the judgment of the Public
Works Director or City Engineer. Backfilling with the material from the
excavation may be permitted provided such material is granular in nature
and acceptable to the Public Works Director or City Engineer.
Compacted backfill shall be brought to street grade and crowned at the
center not more than one inch. Backfill procedures shall provide for no
settlements. Settlements which occur within a 2 year warranty period
shall be repaired in a timely manner. The City may authorize another
contractor to make the repair if it is not done in a timely manner.
Reimbursement may be made from the surety bond, letter of credit or
cash deposit with City.
Street and pedestrian traffic shall be maintained throughout construction
unless provided otherwise by the permit.
No lugs damaging to roadway surfaces may be used.
Dirt or debris must be periodically removed during construction.
Other reasonable standards and requirements of the Public Works Director
or City Engineer.
98-15 - 9
.
6.147 Repair and Restoration.
(2)
.
(3)
.
(1)
Schedule. The work to be done under the permit, and the repair and
restoration of the right-of-way as required herein, must be completed
within the dates specified in the permit, increased by as many days as
work could not be done because of extraordinary circumstances beyond
the control of the permit holder, when work was prohibited as unseasonal
or unreasonable or when extended by the Public Works Director. In
addition to repairing its own work, the permit holder must restore the
general area of the work, and the surrounding areas, including the paving
and its foundations, to the condition that existed before the commencement
of the work but only to the extent the permit holder disturbed such
surrounding areas.
General Standards. The permit holder shall perform repairs and
restoration according to the standards and with the materials specified by
the Public Works Director or City Engineer. Both individuals shall have
the authority to prescribe the manner and extent of the restoration, and
may do so in written procedures of general application or on a
case-by-case basis. In exercising this authority, the Public Works
Director or City Engineer shall be guided by the following standards and
consideration:
(a)
The number, size, depth and duration of the excavations,
disruptions or damage to the right-of-way.
(b)
The traffic volume carried by the right-of-way; the character of the
neighborhood surrounding the right-of-way;
(c)
The pre-excavation condition of the right-of-way; the remaining
life-expectancy of the right-of-way affected by the excavation;
(d)
Whether the relative cost of the method of restoration to the permit
holder is in reasonable balance with the prevention of an
accelerated depreciation of the right-of-way that would otherwise
result from the excavation, disturbance or damage to the
right-of-way; and
(e)
The likelihood that the particular method of restoration would be
effective in slowing the depreciation of the right-of-way that would
otherwise take place.
City Restoration. The permit holder may request that the City restore
the right-of-way. If the City agrees to perform the work, the permit
98-15 - 10
.
(4)
6.148
.
holder shall pay to the City, in advance; a cash deposit equaling 150% of
the estimated restoration cost. The restoration cost shall be estimated by
the Public Works Director or City Engineer and shall include an estimate
of the degradation cost. The estimate of the degradation cost shall be
based upon criteria adopted by the Minnesota Public Utilities Commission.
Following completion of the restoration, any funds in excess of the actual
restoration cost and the degradation cost shall be returned to the permit
holder. Notwithstanding this section, the City shall have no obligation to
honor the permittee's restoration request.
Guarantees. The permit holder shall guarantee its work and shall
maintain it for twenty-four (24) months following its completion. During
this twenty-four month period it shall, upon notification from the Public
Works Director or City Engineer, promptly correct all restoration work
to the extent necessary, using the method required by the Engineer.
Permit Limitations. Permits issued pursuant to this Section are valid
only for the area of the right-of-way specified in the application and the
permit and only for the dates so specified. No work shall be extended
beyond the permitted area or dates without a new permit being procured
therefore, provided the Public Works Director may extend the completion
date of the work in accordance with §6.147(1) of this Code.
6.149 Denial of Permit. The Public Works Director may deny a permit due to
the following:
(1)
(2)
(3)
(4)
(5)
.
Failure to register pursuant to §6.143 of this Code.
A proposed excavation within a street or sidewalk surface that has been
constructed or reconstructed within the preceding five years unless the
Public Works Director or City Manager determines that no other locations
are feasible or when necessitated by an emergency.
The applicant is subject to revocation of a prior permit issued pursuant to
this Section.
The proposed schedule for the work would conflict or interfere with an
exhibition, celebration, festival or any other similar event.
The right-of-way would become unduly congested due to the proposed
facilities and equipment when combined with other uses in the
right-of-way as provided in §6.154(3) of this Code.
98-15 - 11
.
(6)
(7)
(8)
6.150
.
6.151
(1)
(2)
(3)
(4)
(5)
.
Businesses or residences in the vicinity will be unreasonably disrupted by
the work.
The proposed schedule conflicts with scheduled total or partial
reconstruction of the right-of-way.
The applicant fails to comply with the requirements of this Section or
other Sections of this Code.
Emergency Work. A registrant may proceed to take whatever actions are
necessary to respond to an emergency. Within two business days after the
occurrence of the emergency the registrant shall apply for the necessary
permits, pay the fees associated therewith and fulfill the rest of the
requirements necessary to bring itself into compliance with this Section for
the actions it took in response to the emergency.
If the Public Works Director becomes aware of an emergency, the
Director shall attempt to contact the local representative of each registrant
affected, or potentially affected, by the emergency. In any event, the
Public Works Director may take whatever action deemed necessary to
respond to the emergency, the cost of which shall be borne by the
registrant whose facilities or equipment occasioned the emergency.
Revocation of Permits. The Public Works Director or City Manager
may revoke any permit, without a fee refund, if there is a substantial
breach of the terms and conditions of any statute, this Code, rule or
regulation, or any condition of the permit which substantial breach shall
continue uncured for 10 calendar days after the issuance of a written order
of the Public Works Director. A substantial breach of a permit holder
shall include, but shall not be limited to, the following:
The violation of any material provision of the permit;
An evasion or attempt to evade any material provision of the permit, or
the perpetration or attempt to perpetrate any fraud or deceit upon the City
or its citizens;
Any material misrepresentation of fact in the application for a permit;
The failure to maintain the required bonds and insurance;
The failure to complete the work in a timely manner; or
98-15 - 12
.
(2)
(3)
Corridors. The Public Works Director may assign specific corridors
within the right-of-way, or any particular segment thereof as may be
necessary, for each type of equipment that is or, pursuant to current
technology, the Public Works Director expects will someday be located
within the right-of-way. All permits issued by the Public Works Director
involving the installation or replacement of equipment shall designate the
proper corridor for the equipment at issue.
Limitation of Space. To protect health and safety, the Public Works
Director shall have the power to prohibit or limit the placement of new or
additional equipment within the right-of-way if there is insufficient space
to accommodate all of the requests of registrants or persons to occupy and
use the right-of-way. In making such decisions, the Public Works
Director shall strive to the extent possible to accommodate all existing and
potential users of the right-of-way, but shall be guided primarily by
considerations of the public interest, the public's needs for the particular
utility service, the condition of the right-of-way, the time of year with
respect to essential utilities, the protection of existing equipment in the
right-of-way, and future City plans for public improvements and
development projects which have been determined to be in the public
interest.
.
6.155 Relocation.
(1)
(2)
.
Relocation for City Purposes. A registrant shall promptly but in no
event more than 120 days of the City's request, permanently remove and
relocate at no charge to the City, any facilities or equipment if and when
made necessary by a change in the grade, alignment or width of any
right-of-way, by the construction, maintenance or operation of any City
facilities or to protect the public health, safety and welfare. The registrant
shall restore any rights-of-way to the condition it was in prior to removal
and relocation.
Undergrounding of Relocated Telecommunications Facilities. A
telecommunications right-of-way user shall relocate all above ground
facilities and equipment to underground locations at its own cost and
expense at the City's request when, i) the City requires the relocation of
all telecommunications facilities and equipment to underground locations
or ii) structures or poles to which the registrant's facilities or equipment
is attached are abandoned or removed by the owner of such structures or
poles.
98-15 - 14
.
(6)
The failure to correct a condition indicated on an order issued by the
Engineer.
6.152 Appeal.
(1)
(2)
(3)
.
6.153
Filing of Appeal. Any person aggrieved by, i} the denial of a permit
application, ii} the denial of a registration, iii} the revocation of a permit
or, iv} the application of the fee schedule imposed by Chapter 14 of this
Code may appeal to the Council by filing a written notice of appeal with
the Clerk. Said notice must be filed within 20 days of the action causing
the appeal.
Notice of Hearing, The Council shall hear the appeal not later than 30
days after the date the appeal is filed. Notice of the date, time, place, and
purpose of the hearing shall be mailed to the appellant not less than 10
days before the date of the hearing.
Hearing and Decision. The Council shall, at such hearing, hear and
consider any evidence offered by the appellant, the Public Works Director
or City Engineer, and anyone else wishing to be heard. After hearing the
oral and written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future meeting.
Mapping. Within 120 days following completion of any work pursuant
to a permit, the registrant shall provide the Public Works Director
accurate maps and drawings certifying the "as-built" location of all
facilities and equipment installed, owned and maintained by the registrant.
Such maps and drawings shall indicate both the horizontal and vertical
location of all facilities and equipment and shall be provided in a format
consistent with the City's electronic mapping system. Failure to provide
maps and drawings in accordance with this subsection shall be grounds for
revoking the permit holder's registration.
6.154 Location of Facilities and Equipment.
(1)
.
Undergrounding by Telecommunications Right-of-Way Users. Any
new construction and the installation of new equipment and replacement
of old equipment of telecommunication right-of-way users shall be
underground or contained within buildings or other structures in
conformity with applicable codes. Provided, telecommunications
right-of-way users may attach equipment and facilities to existing poles
and structures maintained by a service or utility service.
98-15 - 13
.
6.156 Right-of-Way Vacation.
(1)
Reservation of Right. If the City vacates a right-of-way which contains
the equipment of a registrant, and if the vacation does not require the
relocation of registrant facilities and equipment, the City shall reserve, to
and for itself and all registrants having facilities and equipment in the
vacated right-of-way, the right to install, maintain and operate any
facilities and equipment in the vacated right-of-way and to enter upon such
right-of-way at any time for the purpose of reconstruction, inspecting,
maintaining or repairing the same.
(2)
Relocation of Equipment. If the vacation requires the relocation of
registrant facilities and equipment; and (a) if the vacation proceedings are
initiated by the registrant, the registrant must pay the relocation costs; or
(b) if the vacation proceedings are initiated by the City, the registrant
must pay the relocation costs unless otherwise agreed to by the City and
the registrant; or (c) if the vacation proceedings are initiated by a person
or persons other than the registrant or permit holder, such other person or
persons must pay the relocation costs.
6.157 Abandoned and Unusable Equipment.
.
(2)
.
(1)
Discontinued Operations. A registrant who has determined to
discontinue its operations in the City must either:
(a)
Provide information satisfactory to the Public Works Director that
the registrant's obligations for its equipment in the right-of-way
under this Section have been lawfully assumed by another
registrant; or
(b)
Submit to the Public Works Director an action plan for the
removal or abandonment of equipment and facilities. The Public
Works Director shall require removal of such facilities and
equipment if the Public Works Director determines such removal
is necessary to protect the public health, safety and welfare. The
Public Works Director may require the registrant to post a bond
in an amount sufficient to reimburse the City for reasonably
anticipated costs to be incurred in removing the facilities and
equipment.
Abandoned Facilities Equipment. Facilities and equipment of a
registrant located on the surface of or above a right-of-way or on City
property which, for two years, remains unused shall be deemed to be
abandoned. Such abandoned equipment is deemed to be a nuisance. The
98-15 - 15
.
City may exercise any remedies or rights it has at law or in equity,
including, but not limited to, i) abating the nuisance, or ii) requiring
removal of the equipment or facilities by the registrant, or the registrant's
successor in interest.
(3)
Removal of Underground Equipment. Any registrant who has unusable
and abandoned underground facilities or equipment in any right-of-way
shall remove it from that right-of-way during the next scheduled
excavation, to the extent such facilities or equipment is uncovered by such
excavation unless this requirement is waived by the Public Works Director
or City Manager.
6.158 Indemnification and Liability.
(1)
.
(2)
.
Limitation of Liability. By reason of the acceptance of a registration or
the grant of a right-of-way permit, the City does not assume any liability
(a) for injures to persons, damage to property, or loss of service claims
by parties other than the registrant or the City, or (b) for claims or
penalties of any sort resulting from the installation, presence,
maintenance, or operation of equipment by registrants or activities of
registrants.
Indemnification. By registering with the City, a registrant agrees, or by
accepting a permit under this Section, a permit holder is required, to
defend, indemnify, and hold the City whole and harmless from all costs,
liabilities, and claims for damages of any kind including the City's
reasonable attorney fees and costs arising out of the construction,
presence, installation, maintenance, repair or operation of its equipment,
or out of any activity undertaken in or near a right-of-way, whether or not
any act or omission complained of is authorized, allowed, or prohibited
by a right-of-way permit. It further agrees that it will not bring, nor
cause to be brought, any action, suit or other proceeding claiming
damages, or seeking any other relief against the City for any claim nor for
any award arising out of the presence, installation, maintenance or
operation of its equipment, or any activity undertaken in or near a right-
of-way, whether or not the act or omission complained of is authorized,
allowed or prohibited by a right-of-way permit. The foregoing does not
indemnify the City for its own negligence except for claims arising out of
or alleging the City's negligence where such negligence arises out of or
is primarily related to the presence, installation, construction, operation,
maintenance or repair of said equipment by the registrant or on the
registrant's behalf, including but not limited to, the issuance of permits
and inspection of plans or work. This section is not, as to third parties,
a waiver of any defense or immunity otherwise available to the registrant
98-15 - 16
..
.
.
or to the City and the registrant, in defending any action on behalf of the
City, shall be entitled to assert in any action every defense or immunity
that the City could assert in its own behalf.
6.159 Franchise Holders. If there is a conflict in language between the
franchise of a person holding a franchise agreement with the City and this
Section, the terms of the franchise shall prevail.
Section 2.
added.
Section 14.067 "Right-of-Way Management Regulation Fees"
14.067 Right-of-Way Management Regulation Fees:
(1)
(2)
AnnualRegistration .......................... $50.00
ExcavationPermit ........................... $50.00
Section 3. Effective Date. This ordinance shall be effective upon passage and
publication of this ordinance.
Dated this 26 th day of
r'1ay
, 1998.
%Lzt ~
W. Peter Enck,
Mayor
ATTEST:
~~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun Post on the 3rd
1998.)
June
day of
98-15 - 17
.
.
.
ORDINANCE NO. 98-16
AN ORDINANCE AMENDING THE NEW HOPE CITY CODE BY
INCREASING SALARY OF
MAYOR AND COUNCILMEMBERS
The City Council of the City of New Hope ordains:
Section 1. Section 2.111 "Mayor and Councilmember Salaries" of the New Hope City
Code is hereby amended to read as follows:
2.111 Mayor and Councilmember Salaries. The salary of the Mayor is hereby
established at $354.08 $374.73 per two week pay period effective January 2, t99:t
1999 and shall increase to $363.82 $386.91 effective January 2, t998-2000. The
salary of each Councilmember is hereby established at $250.58 $265.19 per two
week period effective January 2, t998 1999 and shall increase to $257.47 $273.81
effective January 2, t998 2000.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 12tlday of
October
, 199~.
Øt~~
W. Peter nck, Mayor
Attest: ~ ~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the .2L day of October
, 199~.)
.
.
.
. .
.ORDINANCE NO. 98-17
AN ORDINANCE AMENDING THE NEW HOPE
CITY CODE BY ESTABLISHING A
SHORELAND PERMIT OVERLAY DISTRICT
The City Council of the City of New Hope ordains:
Section 1. Section 4.022 "Definitions" of the New Hope City
Code is hereby amended by adding subsections (9D) "Bluff", (9E)
"Bluff Impact Zone", (12A) "Buildinq Line", (23A) "Commercial Use",
(24C) "Commissioner", (33A) "Deck", (71A) "Hardship", (74B)
"Industrial Use", (74C) "Intensive Veqetation Clearinq", (l03A)
"Ordinary Hiqh Water Level", (112A) "Public Waters", (122B)
"Semipublic Use", (122C) "Sensitive Resource Manaqement", (124B)
"Shore Impact Zone", (125F) "Steep Slope", (128C) "Toe of the
Bluff", (128D) "Top of the Bluff", and (132A) "Water-Oriented
Accessory Structure or Facility" to read as follows:
(9D) Bluff. A topographic feature such as a hill, cliff, or
embankment having the following characteristics (an area
with an average slope of less than eighteen (18) percent
over a distance for fifty (50) feet or more shall not be
considered part of the bluff):
a.
Part or all of
shore land area;
a
the
feature
is
located
in
b.
The slope rises at least twenty-five (25) feet
above the ordinary high water level of the
waterbody;
c.
The grade of the slope from the toe of the bluff to
a point twenty-five (25) feet or more above the
ordinary high water level averages thirty (30)
percent or greater; and
d.
The slope must drain toward the waterbody.
1
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.
.
".
(9E) Bluff Impact Zone. A bluff and land located wi thin
twenty (20) feet from the top of a bluff.
(12A) BuildinG Line. A line parallel to a lot line or the
ordinary high water level at the required setback beyond
which a structure may not extend.
(23A) Commercial Use. "Commercial" refers to the use
classification defined as B-1, B-2, B-3, and B4 under
provisions of the New Hope Code Chapter 4.
(24C)
( 3 3A)
(71A)
(74B)
(74C)
(103A)
Commissioner. Relating to §4.16 of this Code
"Commissioner" shall mean Commissioner of the Department
of Natural Resources.
Deck. A horizontal, unenclosed platform with or without
attached railings, seats, trellises, or other features,
attached or functionally related to a principal use or
site and at any point extending more than three (3) feet
above ground.
Hardship. A situation where property in question cannot
be put to a reasonable use under the conditions allowed
by the official controls; the plight of the landowner is
due to circumstances unique to the property, not created
by the landowner; and the variance, if granted, will not
alter the essential character of the locality. Economic
considerations alone shall not constitute a hardship if
a reasonable use for the property exists under the terms
of the official controls.
Industrial Use. The use of land or buildings for the
production, manufacture, warehousing, storage, or
transfer of goods, products, commodities, or other
wholesale items.
Intensive VeGetation ClearinG. The complete removal of
trees or shrubs in a contiguous patch, strip, row, or
block.
Ordinary HiGh Water Level. The boundary of public waters
and wetlands which shall be an elevation delineating the
highest water level which has been maintained for a
sufficient period of time to leave evidence upon the
landscape, commonly that point where the natural
vegetation changes from predominantly aquatic to
predominantly terrestrial. For watercourses, the ordinary
high water level is the elevation of the top of the bank
2
.
.
.
'.
(112A)
(122B)
(122C)
(124B)
( 125F)
(128C)
(128D)
( 132A)
of the channel. For reservoirs and flowages, the ordinary
high water level is the operating elevation of the normal
summer pool.
Public Waters. Any waters as
§103G.005, Subd. 15 and 15a.
defined in Minn. Stat.
Semipublic Use. The use of land by a private, nonprofit
organization to provide a public service that is
ordinarily open to some persons outside the regular
constituency of the organization.
Sensitive Resource Manaaement. The preservation and
management of areas unsuitable for development in their
natural state due to constraints such as shallow soils
over groundwater or bedrock, highly erosive or expansive
soils, steep slopes, susceptibility to flooding, or
occurrence of flora or fauna in need of special
protection.
Shore Impact Zone. Land located between the ordinary
high water level of a public water and a line parallel to
it at a setback of fifty (50) percent of the structure
setback.
Steep Slope. Land where agricultural activity or
development is either not recommended or described as
poorly suited due to slope steepness and the site's soil
characteristics, as mapped and described in available
county soil surveys or other technical reports, unless
appropriate design and construction techniques and
reports, unless appropriate design and construction
techniques and farming practices are used in accordance
with the provisions of this Code. Where specific
information is not available, steep slopes are lands
having average slopes over twelve (12) percent, as
measured over horizontal distances of fifty (50) feet or
more, that are not bluffs.
Toe of the Bluff. The lower point of a 50-foot segment
with an average slope exceeding eighteen (18) percent.
Top of the Bluff. The higher point of a 50-foot segment
with an average slope exceeding eighteen (18) percent.
Water-Oriented Accessorv Structure or Facility. A small,
above ground building or other improvement, except
stairways, fences, docks, and retaining walls, which
3
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"
because of the relationship of its use to a surface water
feature, reasonably needs to be located closer to public
waters than the normal structure setback. Examples of
such structures and facilities include gazebos, screen
houses, pump houses, and detached decks.
Section 2. Section 4.022 (123) "Setback" of the New Hope City
Code is hereby amended to read as follows:
(123)
Setback. The minimum horizontal distance between a
buildingL and street ~ lot line, shoreline or bluff.
The setback distance is measured at ground level from the
lot line, lake ordinary hiqh water level, top of bluff,
or street riqht-of-wav, to a point on the ground directly
under the most outwardly extended portion of the side of
the structure nearest the lot line, lake ordinary hiqh
water level, top of bluff or street riqht-of-wav.
Section 3. Section 4.16 "Shoreland Permit Overlay District
~" of the New Hope City Code is hereby added to read as follows:
4.16 SHORELAND PERMIT OVERLAY DISTRICT (SP)
4.161
Policy and Application.
(1)
Policy. The uncontrolled use of shorelands in the City of
New Hope affects the public health, safety and general
welfare not only by contributing to pollution of public
waters, but also by impairing the local tax base.
Therefore, it is in the best interests of the public
health, safety and welfare to provide for the wise use
and development of shorelands of public waters.
(2)
Statutory Authorization. These shoreland regulations are
adopted pursuant to the authorization and policies
contained in Minn. Stat. Chapter 103G, Minnesota
Requlations, Parts 6120.2500 6120.3900, and the
planning and zoning enabling legislation in Minn. Stat.
Chapter 462.
(3)
Jurisdiction. The provisions of this Code shall apply to
shore lands of the public water bodies as classified in
Section 4.167 of this Code. A body of water created by
q
.
.
.
4.162
(1)
(2)
(3 )
a private user where there was no previous shore 1 and may,
at the discretion of the governing body, be exempt from
this Code.
( 4 )
Compliance. The use of any shoreland of public waters;
the size and shape of lots; the use, size, type and
location of $tructures on lots; the grading and filling
of any shoreland area; and the cutting of shoreland
vegetation shall be in full compliance with the terms of
this Code and other applicable regulations.
(5 )
District Application. The "SP" Shore 1 and Permit Overlay
District shall be superimposed (overlaid) upon all the
zoning districts as identified in Section 4.041 of this
Code as existing or amended by the text and map of this
Code. The regulations and requirements imposed by the
"SP" Shore land Permit Overlay District shall be in
addition to those established by the base zoning district
which jointly apply. Under j oint application of the
districts, the more restrictive requirements shall apply.
(6 )
District Boundaries. The boundaries of the "SP",
Shoreland Permit Overlay District within the City of New
Hope consists of the first tier of riparian lots abutting
a protected lake or tributary identified in Section 4.162
of this Code. The specific boundaries of the" SP" ,
Shoreland Permit Overlay District is shown on the New
Hope Zoning Map.
Shore land Classification System.
Public Waters. The public waters of New Hope have been
classified below consistent with the criteria found in
Minnesota Reaulations, Part 6120.3300, and the Protected
Waters Inventory Map for Hennepin County, Minnesota.
Official Map. The Shoreland Permit District for the
waterbodies listed below shall be shown on the New Hope
Zoning Map.
Lakes.
General Development Lakes
Northwood Lake
Protected Waters
Inventory 1.0. #
27 - 627P
Meadow Lake
27 - 57P
5
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".
4.163
(3)
( 4 )
( 4 )
Rivers and Streams.
Tributarv Streams
Bass Creek
Bassett Creek - North Branch
Administration.
(1)
Shoreland Permit Reauired. A permit is required for the
construction of buildings or building additions (and
including such related acti vi ties as construction of
decks and signs), and those grading and filling
activities not exempted by this Code that occur within
the Shore land Permit District. Application for a permit
shall be filed with the Zoning Administrator or any staff
persons designated by the City Manager on an official
application form of the City, accompanied by a fee as set
forth in Chapter 14 of this Code. The application shall
include the necessary information so that the Zoning
Administrator can determine the site's suitability for
the intended use.
(2)
Certificate of Zonina Compliance. The Zoning
Administrator shall issue a certificate of zoning
compliance for each activity requiring a permit as
specified in this Code. Any use, arrangement, or
construction at variance with that authorized by permit
shall be deemed a violation of this Code and shall be
punishable as provided in this Code.
Variance. Variances may only be granted in accordance
wi th Section 4.22 of this Code. A variance may not
circumvent the general purposes and intent of this Code.
No variance may be granted that would allow any use that
is prohibited in the zoning district in which the subject
property is located.
When a variance is approved after the Department of
Natural Resources has formally recommended denial in the
hearing record, the notification of the approved variance
required in subsection (5) below shall also include the
Planning Commission and City Council's summary of the
public record/testimony and the findings of facts and
conclusions which supported the issuance of the variance.
Conditional Use Permit. Conditional Use Permits may only
6
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.
.
. .
4.164
4.165
(1)
be granted in accordance with Section 4.21 of this Code.
A conditionally permitted use may not circumvent the
general purposes and intent of this Code. The following
additional evaluation criteria and conditions apply
within shoreland areas:
(a)
The prevention of soil erosion or other possible
pollution of public waters, both during and after
construction.
(b)
The visibility of structures and other facilities
as viewed from public waters is limited.
(c)
The types, uses, and numbers of watercraft that the
project will generate are compatible in relation to
the suitability of public waters to safely
accommodate these watercraft.
(5 )
Notifications to the Department of Natural Resources.
(a)
Public Hearinas. Copies of all notices of any
public hearings to consider variances, amendments,
or conditional uses under local shore land
management controls must be sent to the
commissioner or the commissioner's designated
representati ve and postmarked at least ten days
before the hearings. Notices of hearings to
consider proposed subdivisions/plats must include
copies of the subdivision/plat.
(b)
Approval. A copy of approved amendments and
subdivisions /plats, and final decisions granting
variances or conditional uses under local shoreland
management controls must be sent to the
commissioner or the commissioner's designated
representati ve and postmarked wi thin ten days of
final action.
Land Use District Descriptions.
Allowed Uses. Allowed land uses wi thin the Shoreland
District shall be determined by the underlying zoning
district, as listed within Sections 4.05 through 4.15 of
this Code.
Lot Area and Width Standards. Lot area and width
standards for residential development shall be regulated
per the underlying zoning district. Said minimum
.
.
.
4.166
(2)
(1 )
requirements are as follows:
(1 )
Residential:
Single
Duplex
Townhouse
Multiple Family
Elderly Housing
and/or Physically
Handicapped
Area
Per Unit
9,500 s.t.
7,000 s.t.
5,000 s.t.
3,000 s.t.*
1,000 s. t.
*4,000 square feet in an R-3 District
Commercial and
Industrial:
Area
Per Unit
10,000 s.t.
10,500 s.t.
15,000 s.t.
43,560 s.t.
43,560 s.t.
43,560 s.f.
Limited Business
Neighborhood Bus.
Residential Office
Retail Business
Limited Industrial
General Industrial
Width
75 feet
75 feet
80 feet
100 feet
100 feet
Width
80 feet
80 feet
100 feet
100 feet
150 feet
100 feet
Placement, Desiqn, and Heiqht of Structures.
Placement of Structures on Lots. When more than one
setback applies to a site, structures and facilities must
be located to meet all setbacks. Where structures exist
on the adj oining lots on both sides of a proposed
building site, structure setbacks may be altered without
a variance to conform to the adjoining setbacks from the
ordinary high. water level, provided the proposed building
site is not located in a shore impact zone or in a bluff
impact zone. Structures shall be located as follows:
Required Setbacks. All required rear yard, side
yard and front yard setbacks shall be met per the
underlying zoning district.
(a)
(b)
Ordinary
Setbacks
Level.
Hiqh Water Level Setback. Structure
(in feet) from the Ordinary High Water
Classes of
8
.
.
(2)
.
Public Waters
Structure Setbacks
General Development
Tributary
50 feet
50 feet
(c)
Required Bluff Setback. The following setback shall
be applied, regardless of the classification of the
waterbody:
Structure Setback
Top of Bluff
30 feet
( d)
Bluff Impact Zones. Structures and accessory
facilities, except stairways and landings, must not
be placed within bluff impact zones.
(e)
Heiqht of Structures. Maximum allowable height for
all structures shall be as follows:
District
R-I
R-2
R-3
R-4
R-5
Buildinq Height
2-~ stories
2-~ stores
3 stories
4 stories
4 stories
R-O
B-1
B-2
B-3
B-4
I-I
1-2
3
2
3
3
3
3
3
stories
stories
stories
stories
stories
stories
stories
Desiqn Criteria for Structures.
(a)
(b)
Hiqh Water Elevations. Structures must be placed in
accordance with any floodplain regulations
applicable to the site. Where these controls do not
exist, structures must be placed at least three (3)
feet above the highest known water level, or two
(2) feet above the ordinary high water level,
whichever is higher.
Water-oriented Accessory Structures. Each lot may
have one water-oriented accessory structure not
meeting the normal structure setback in subsection
(1) above if this water-oriented accessory
9
.
.
.
.' .
(ii)
(iii)
(i v)
(vi)
(vii)
structure complies with the following provisions:
(i)
Each lot shall be limited to one (1) accessory
building in addition to an accessory garage.
The structure or facility must not exceed
fifteen (15) feet in height, exclusive of
safety rails, and cannot occupy an area
greater than two hundred fifty (250) square
feet. Detached decks must not exceed eight (8)
feet above grade at any point.
The setback of the structure or facility from
the ordinary high water level must be at least
ten (10) feet.
The structure or facility must be treated to
reduce visibility as viewed from public waters
and adjacent shore lands by vegetation,
topography, increased setbacks or color,
assuming summer, leaf-on conditions.
(v)
The roof may be used as a deck with safety
rails but must not be enclosed or used as a
storage area.
The structure or facility must not be designed
or used for human habitation and must not
contain water supply or sewage treatment
facilities.
As an alternative for general development and
recreational development waterbodies, water-
oriented accessory structures used solely for
watercraft storage, and including storage of
related boating and water-oriented sporting
equipment, may occupy an area up to four
hundred (400) square feet provided the maximum
width of the structure is twenty (20) feet as
measured parallel to the configuration of the
shoreline.
Stairways, Lifts and LandinGs. Stairways and lifts
are the preferred alternative to major topographic
alterations for achieving access up and down bluffs
and steep slopes to the Shore land Permit District
areas. Stairways and lifts must meet the following
design requirements:
(c)
10
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.
(ii)
(iii)
(i v)
(vi)
( d)
(i)
Stairways and lifts must not exceed four (4)
feet in width on residential lots. Wider
stairways may be used for commercial
properties, public open-space recreational
properties, and planned unit developments.
Landings for stairways and lifts on
residential lots must not exceed thirty-two
(32) square feet in area. Landings larger
than thirty-two (32) square feet may be used
for commercial properties, public open-space
recreational properties, and planned unit
developments.
Canopies or roofs are not allowed on
stairways, lifts, or landings.
Stairways, lifts, and landings may be either
constructed above the ground on posts or
pilings, or placed into the ground, provided
they are designed and built in a manner that
ensures control of soil erosion.
(v)
Stairways, lifts, and landings must be located
in the most visually inconspicuous portions of
lots, as viewed from the surface of the public
water assuming summer leaf-on conditions,
whenever practical.
Facilities such as ramps, lifts, or mobility
paths for physically handicapped persons are
also allowed for achieving access to shore
areas, provided that the dimensional and
performance standards of subitems (i) to (v)
are complied with, in addition to the
requirements of Minnesota Requlations, Chapter
1340.
Steep Slopes. The Zoning Administrator must
evaluate possible soil erosion impacts and
development visibility from public waters before
issuing a permit for construction of roads,
dri veways, structures, or other improvements on
steep slopes. When determined necessary, conditions
must be attached to issued permits to prevent
erosion and to preserve existing vegetation
screening of structures, vehicles, and other
facili ties as viewed from the surface of public
n
.
(3)
.
.
waters, assuming summer, leaf-on vegetation.
Shoreland Alterations. Alterations of vegetation and
topography will be regulated to prevent erosion into
public waters, fix nutrients, preserve shoreland
aesthetics, preserve historic values, prevent bank
slumping, and protect fish and wildlife habitat.
(a)
Vegetation
vegetation
standards:
or
to
alteration of
the following
Alteration.
is allowed
Removal
subject
(i)
Intensive vegetation clearing within the shore
and bluff impact zones and on steep slopes is
not allowed.
(ii)
In shore and bluff impact zones and on steep
slopes, limited clearing of trees and shrubs
and cutting, pruning, and trimming of trees is
allowed to provide a view to the water from
the principal dwelling site and to accommodate
the placement of stairways and landings,
picnic areas, access paths, beach and
watercraft access areas, and permitted water-
oriented accessory structures or facilities
provided that:
1.
The screening of structures, vehicles, or
other facilities as viewed from the
water, assuming summer, leaf-on
conditions, is not substantially reduced.
2.
Along rivers, existing shading of water
surfaces is preserved.
3.
The above provisions are not applicable
to the removal of trees, limbs, or
branches that are dead, diseased, or pose
safety hazards.
(b)
Construction Permit. Grading and filling and
excavations necessary for the construction of
structures and driveways under validly issued
construction permits for these facilities do not
require the issuance of a separate shoreland
grading and filling permit.
(c)
Shoreland GradinG/FillinG Permit.
Notwithstanding
12
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.
(b) above, a shoreland grading and filling permit
will be required for:
(ii)
(i)
The movement of more than ten (10) cubic yards
of material on steep slopes or within shore or
bluff impact zones; and
The movement of more than fifty (50) cubic
yards of material outside of steep slopes and
shore and bluff impact zones.
Condi tions. The following considerations and
conditions must be adhered to during the issuance
of construction permits, shoreland grading and
filling permits, conditional use permits, variances
and subdivision approvals:
(d)
(ii)
(i)
Grading or filling in any type 2-8 wetland
must be evaluated to determine how extensively
the proposed acti vi ty would affect the
following functional qualities of the wetland
(This evaluation shall also include a
determination of whether the wetland
al teration being proposed requires permits,
reviews, or approvals by other local, state,
or federal agencies such as a watershed
district, the Minnesota Department of Natural
Resources, or the United States Army Corps of
Engineers) :
1.
Sediment and
retention.
and
pollutant
trapping
2.
Storage of surface runoff to prevent or
reduce flood damage.
3.
Fish and wildlife habitat.
4.
Recreational use.
5.
Shoreline or bank stabilization.
6.
Noteworthiness, including special
qualities such as historic significance,
cri tical habitat for endangered plants
and animals, or others.
Alterations must be designed and conducted in
13
.
(iii)
(i v)
(v)
(vi)
(vii)
.
(viii)
(ix)
(x)
(xi)
.
a manner that ensures only the smallest amount
of bare ground is exposed for the shortest
time possible.
Mulches or similar materials must be used,
where necessary, for temporary bare soil
coverage, and a permanent vegetation cover
must be established as soon as possible.
Methods to minimize soil erosion and to trap
sediments before they reach any surface water
feature must be used.
Altered areas must be stabilized to acceptable
erosion control standards consistent with the
field office technical guides of the local
soil and water conservation districts and the
United States Soil Conservation Service.
Fill or excavated material must not be placed
ina manner that creates an unstable slope.
Plans to place fill or excavated material on
steep slopes must be reviewed by qualified
professionals for continued slope stability
and must not create finished slopes of thirty
(30) percent or greater.
Fill or excavated material must not be placed
in bluff impact zones.
Any alterations below the ordinary high water
level of public waters must first be
authorized by the commissioner under Minn.
Stat. §103G.245.
Alterations of topography must only be allowed
if they are accessory to permitted or
conditional uses and do not adversely affect
adjacent or nearby properties.
Placement of natural rock riprap, including
associated grading of the shoreline and
placement of a filter blanket, is permitted if
the finished slope does not exceed three (3)
feet horizontal to one (1) foot vertical, the
landward extent of the riprap is within ten
(10) feet of the ordinary high water level,
1q
.
(4 )
.
.
and the height of
ordinary high water
three (3) feet.
the riprap above the
level does not exceed
(e)
Connections to public waters. Excavations where the
intended purpose is connection to a public water,
such as boat slips, canals, lagoons, and harbors,
must be controlled by local shoreland controls.
Permission for excavations may be given only after
the commissioner has approved the proposed
connection to public waters.
Stormwater Manaaement. The following general and specific
standards shall apply:
(a)
General Standards.
(i)
When possible, existing natural drainageways,
wetlands, and vegetated soil surfaces must be
used to convey, store, filter, and retain
stormwater runoff before discharge to public
waters.
(ii)
Development must be planned and conducted in a
manner that will minimize the extent of
disturbed areas, runoff velocities, erosion
potential, and reduce and delay runoff
velocities, erosion potential, and reduce and
delay runoff volumes. Disturbed areas must be
stabilized and protected as soon as possible
and facilities or methods used to retain
sediment on the site.
(iii)
When development density, topographic
features, and soil and vegetation conditions
are not sufficient to adequately handle
stormwater runoff using natural features and
vegetation, various types of constructed
facili ties such as diversions, settling
basins, skimming devices, dikes, waterways,
and ponds may be used. Preference must be
given to designs using surface drainage,
vegetation, and infiltration rather than
buried pipes and man-made materials and
facilities.
(b)
Specific Standards.
15
.
.
.
- .
(i)
Impervious surface lot coverage shall not
exceed thirty five (35) percent of the lot
area, except as a conditional use, which shall
comply with the following standards:
2.
3.
4.
1.
All structures, additions or expansions
shall meet setback and other requirements
of this Code.
The lot shall be served with municipal
sewer and water.
The lot shall provide for the collection
and treatment of storm water in
compliance with the City Surface Water
Management Plan if determined that the
site improvements will result in
increased runoff directly entering a
public water. All development plans
shall require review and approval by the
City Engineer and the underlying
Watershed District.
Measures to be taken from the treatment
of storm water runoff and/or prevention
of storm water from directly entering a
public water. The measures may include,
but not be limited to the following:
A.
Appurtenances as sedimentation
basins debris basins, desil ting
basins or silt traps.
B.
Installation of debris guards and
microsilt basins on storm sewer
inlets.
C.
Use where practical, oil skimming
devices or sump catch basins.
D.
Direct drainage away from the lake
and into pervious, grassed, yards
through site grading, use of gutters
and down spouts.
E.
Construction sidewalks and driveways
of partially pervious raised
materials such as decking which has
18
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.
.
4.167
natural earth or other previous
material beneath or between the
planking.
F.
Use grading and construction
techniques which encourage rapid
infiltration, e.g., sand and gravel
under impervious materials with
adjacent infiltration swales graded
to lead into them.
G.
Install berms, water bars, or
terraces which temporarily detain
water before dispersing it into
pervious area.
(ii)
When constructed facilities are used for
stormwater management, documentation must be
provided by a qualified individual that they
are designed and installed consistent with the
field office technical guide of the local soil
and water conservation districts.
(iii)
New constructed stormwater outfall to public
waters must provide for filtering or settling
of suspended solids and skimming or surface
debris before discharge.
Nonconformities. All legally established nonconformities
as of the date of this section may continue, but they
will be managed according to Section 4.031 of this Code
for the subj ects of alterations and additions, repair
after damage, discontinuance of use, and intensification
of use; except that the following standards will also
apply in shoreland areas:
(1 )
Deck additions may be allowed without a variance to
a structure not meeting the required setback from
the ordinary high water level if all of the
following criteria and standards are met:
(a)
The structure existed on the date
structure setbacks were established.
the
(b)
A thorough evaluation of the property and
structure reveals no reasonable location for a
deck meeting or exceeding the existing
ordinary high water level setback of the
17
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.
.
structure.
( c)
The deck encroachment toward the ordinary high
water level maintain a minimum setback to less
than twenty-five (25) feet.
( d)
The deck is constructed primarily of wood, and
is not roofed or screened.
Section 4. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
14th
day of
September, 1998.
w.tÆ.d
Attest: ~
Valerie Leone, City Clerk
Published in the New Hope-Golden Valley Sun-Post the 23rd
September, 1998.)" - in Sunnnary Format.
day of
18
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.
.
.
structure.
(c)
The deck encroachment toward the ordinary high
water level maintain a minimum setback to less
than twenty-five (25) feet.
( d)
The deck is constructed primarily of wood, and
is not roofed or screened.
Section 4. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
14th
day of
Attest: ~
Valerie Leone, City Clerk
September , 1998.
W . tÞltd
Published in the New Hope-Golden Valley Sun-Post the 23rd
September , 1998.} - in Sunnnary Format.
day of
18
... .
.
.
.
,
SUMMARY OF ORDINANCE NO. 98-17
AN ORDINANCE AMENDING THE NEW HOPE CITY CODE
BY ESTABLISHING A SHORE LAND PERMIT
OVERLAY DISTRICT
The following summary of Ordinance No. 98-17 is hereby approved by the New Hope City
Council for official publication, this 14th day of September, 1998. The Council hereby detennines
this summary ordinance clearly infonns the public of the intent and effect of Ordinance No. 98-17.
1.
The title of Ordinance No. 98-17 is "An Ordinance Amending The New Hope City Code By
Establishing a Shoreland Pennit Overlay District."
2.
Section One of the ordinance establishes new definitions in New Hope Code Section 4.022
as follows: (9D) "Bluff", (9E) "Bluff Impact Zone", (12A) "Building Line", (23A)
"Commercial Use", (24C) "Commissioner", (33A) "Deck", (71A) "Hardship", (74B)
"Ordinary High Water Level", (112A) "Public Waters", (122B) "Semi-Public Use", (122C)
"Sensitive Resource Management", (124B) "Shore Impact Zone", (125F) "Steep Slope",
(128C) "Toe of the Bluff', (128D) "Top of the Bluff', and (132A) "Water-Oriented
Accessory Structure or Facility". These definitions are all specific to the Shoreland Pennit
Overly District established by this ordinance.
3.
Section Two of the ordinance amends the definition of "Setback" set out at Section 4.022
(123) of the New Hope City Code. The amendment provides for a setback ITom shorelines
and bluffs as well as buildings, streets and lot lines. It also indicates setbacks will be
measured ITom tops of bluffs and lakes' ordinary high water levels.
4.
Section Three ofthe ordinance establishes a zoning district known as the "Shoreland Pennit
Overlay District" set out at Section 4.16 of the New Hope Zoning Code. Section 4.161 of
this new zoning district establishes policy and application procedures. Section 4.162
provides for a shoreland classification system. Basically, it defines Northwood and Meadow
Lakes as general development lakes. Bass Creek and Bassett Creek - North Branch are
established as tributary streams. Section 4.163 deals with the administration of shoreland
construction and/or building pennits. This section also includes related activities involving
deck construction, grading and filling activities. It requires a Certificate of Zoning
Compliance involving procedures for variances and conditional use pennits. Section 4.164
controls allowed uses within land use districts. Section 4.165 governs lot area and width
standards. Said standards apply to all residential, commercial and industrial properties.
Section 4.166 regulates placement, design and height of structures. This section is
significant in that it regulates such things including, but not limited to, placement of
structures on lots, design criteria for structures, shoreland alterations of vegetation and
topography and storm water management. Section 4.167 permits the continuation of non-
conformities legally established before the effective date of the ordinance and further
..
..-- .
.
.
.
-
indicates when said non-conformities must be brought into conformance with the provision
of this ordinance.
5.
Section 4 of the ordinance establishes its effective date upon passage and publication.
6.
This summary was adopted by at least a 4/5ths vote ofthe Council as required by Minn. Stat.
§412.191. Also, a printed copy of the full text of this ordinance is available for review
during regular business hours at the office of the New Hope City Clerk and it will also be
posted at the New Hope Ice Arena.
'&!~ßÆ
W. Peter nck, Mayor
Attest:
~.~
Valerie Leone, City Clerk
(for publication in the New Hope - Golden Valley Sun Post on September 23. 1998)
U ,lwpdocsIFonnsIORDINANCESlorn98-17.sum.wpd
.
.
.)
ORDINANCE NO. 98-18
-""
AN ORDINANCE AMENDING THE NEW HOPE CITY CODE BY
EST ABLISIllNG MEASUREMENT PROCEDURES
TO DETERMINE MAXIMUM CURB CUT WIDTHS
The City Council of the City of New Hope ordains:
Section 1. Section 4.036(4)(h)(vi) "Curb Cut Maximums" of the New Hope City Code
is hereby amended to read as follows:
(vi) Curb Cut Maximum. No curb cut access shall exceed the following width
dimensions at measured at a point setback twenty (20) feet from the property line:
Residentia1...................... 24 feet
Commercial/Industrial. . . . . .. 26 feet
All curb cuts shall be installed to comply with the City's curb cut design standards.
The curb radius for any curb cut shall not exceed thirty-five (35) feet. Curb cut
widths not exceeding 32 feet may be permitted subject to review and
recommendation of the City Engineer and approval of the City Council Manager.
Before the City Engineer recommends a curb cut exceeding the maximum widths
set out herein, he shall consider the type of land use the curb cut will serve, the
extent and nature of the vehicular traffic anticipated and the type and width of the
street serving the property where the curb cut will be located. The City Engineer
shall also consider any regulations promulgated by the Minnesota Commissioner
of Transportation relative to driveway and curb cut dimensions before making a
recommendation to exceed the 26 foot maximum width.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the ....!l. day of
October
, 199~.
JlM~~
W. Peter Enck, Mayor
Attest: i~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the 1L day of October
, 199.!!... . )
.
.
8
ORDINANCE NO. 98-20
AN ORDINANCE AMENDING THE NEW HOPE
CITY CODE REGULATIONS RELATING
TO GARBAGE AND REFUSE COLLECTORS
The City Council of the City of New Hope ordains:
Section 1. Section 8.142(3) "Renewal and Expiration" of the New Hope City Code
is hereby amended to read as follows:
(3)
Renewal and Expiration. All licenses issued hereunder shall expire on the
36m 31 st day of:hme December following its issuance.
Section 2. Section 8.142(7) "Inspection" of the New Hope City Code is hereby
amended to read as follows:
Section 3.
to read as follows:
(7)
Inspection. No license shall be issued or renewed until the vehicle to be
licensed has passed a state approved inspection and received a Commercial
Vehicle (CV) inspection certificate from either the State of Minnesota or a
CV dealer authorized by the State of Minnesota to conduct CV inspections.
The inspection certificate for the proposed licensed vehicle must be dated
within 12 months from the date of the application or renewal. by the Cry stal
Crt, Sa11ÍtaI ian. Por the purposes of this section, the Cry staf SanitaI ian has
been appointed as the inspeetOI reI gal bage truck lieeming puI suant to a
joint poweIS agIeen1Cnt entered undeI authority of Minn. Stat. § 471.59 b,
New Hope and Cr,stal.
Section 8.143(2) "Routes" of the New Hope City Code is hereby amended
(2)
Routes. The City, under the direction of the City Manager or his designee,
shall establish specific refuse and recycling collection districts and specific
days of collection within these districts for all licensees. The purpose of
this provision is to coordinate and facilitate same day collection within said
districts throughout the City. Said coordination is necessary to encourage
citizen participation in the City's recycling effort, to ensure compliance
with state mandates for solid waste management as set forth in Minn. Stat.
Chapter 115A and to insure compliance of the City's contractual obligations
as a member of the Hennepin Recycling Group pursuant to the Joint and
Cooperative Agreement for Solid Waste Disposal. Also, said coordination
will be beneficial to the health, safety and welfare of New Hope citizens
and streets by limiting the number of refuse and recycling vehicles using
said streets at anyone time. The collection days for residential collection
districts shall be as established in Section 9.112(1) of this Code. The
8
8
8
following considerations will be utilized by the City Manager or his
designee to establish the collection districts:
a.
b.
household counts within the districts;
compatability with the licensees existing refuse collection stops to
the extent possible;
compatability with municipal boundaries to the extent possible;
coordination with recycling collection to the extent possible.
c.
d.
Section 4. Section 9.112(1) "Collection and Disposal Once Per Week" of the New
Hope City Code is hereby amended to read as follows:
(1)
Collection and Disposal Once Per Week. In residential areas, all garbage
and refuse shall be collected at least once every seven days, and disposed
of at least once every seven days by a collector duly licensed by the City.
Collection day for 4200 A venue and all areas south thereof shall be Tuesday.
Collection day for all areas north of 4200 A venue shall be Wednesday. The
collector shall not call for waste at the residence of any person as defined
herein before the hours of 6 a.m. or after 6 p.m.
Section 5. Section 14.092 "Garbaee and Refuse Collection License Fee" ofthe New
Hope City Code is hereby amended to read as follows:
14.092
Garbage and Refuse Collection License Fee. Annual fee amounts for
garbage and refuse collection licenses as required by Subsection 8.142 are
as follows:
(1)
Collector's first vehicle
$50.00 $75.00
(2)
Each additional vehicle of the collector
$25.00 $35.00
Section 6.
publication.
Effective Date. This Ordinance shall be effective upon its passage and
Dated the 23rctday of
November
, 199jL.
Attest: ~/:4Þ'iu-
Valerie Leone, City Clerk
¡;/bÞ~
W. Peter Enck, Mayor
(Published in the New Hope-Golden Valley Sun-Post the .2..t.h day of
P:\AtlDrnoylCnb OnliIlallCOSINH-98-20-und.wpd
December
, 1998.)
.
.
8
ORDINANCE NO. 98-21
AN ORDINANCE AMENDING THE NEW HOPE
CODE SECTION 14.511 BY INCREASING
THE STORM SEWER UTILITY RATE
The City Council of the City of New Hope ordains:
Section 1. Section 14.511 "Storm Sewer Utility Rate" of the New Hope City Code
is hereby amended to read as follows:
14.511 Stann Sewer Utility Rate. Pursuant to Minn. Stat. Section 444.075 and Section
5.035(2) of this Code, a quarterly charge per Residential Equivalent Factor (REF)
assigned to a land parcel shall be billed to the owner or occupant of each parcel of
property in New Hope. The purpose of said charge is to pay for the repair,
improvement, maintenance and operation of the municipal stonn water drainage
system. Said charge shall be detennined as follows:
(a) single and two-family $-4:86 $6.48 per REF
residential parcels
(b) all other residential, $9-::W $9.72 per REF
commercial and industrial
parcels
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication but the new rates shall only apply to quarterly charges with a billing date of January 1,
1999 or later. .
Dated the12thday of
October
,1998.
?J4f~
W. Jféter Enck, Mayor
Attest: ¡; mil . /~
Valerie Leo<œ, ity Clerk
(Published in the New Hope-Golden Valley Sun-Post the 21sí(fay of October
P,lAtto...yICnh OnlinanccsINH-14.5110RD.amd.wpd
, 1998.)
OW MINNESOTA
SUN
PlßLICATlONS
SunoCwr.." Sun-Poet Sun-SaJIor
CIty of New "'Po
OR
AN ORD
A HOUSII
FOR THE SAI
DEVELc
Mmi
.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
The City Council of
ss.
, &I:tiw1.l. Sect
orovement Area" 0
added to read as fol
COUNTY OF HENNEPIN)
Dou~ Dance
, being duly sworn on an oath says that he/she is
1.80 SandJIiR
The City
establisl
428A a
property
Cove TO1
describe<
.
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun-Post
, and has full knowledge of the facts which
1,801 Biä:it
ingl'1
lish t
are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
1. T
§!
b;
al
m
c<
w
ir
qualified newspaper, as provided by Minnesota Statute 331A.O2, 331A.O7, and other
applicable laws, as amended.
(B) The printed
Ordinance No. 98-02
2. T
t¡
pi
01
tI:
tl
which is attached was cut from the columns of said newspaper, and was printed and
to
3. T'
fo
d.
It
iiI
8J
hi
~
1.802>~
lish tI
1. Tl
dø
1m
ur
ar
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published once each week, for
one
successive weeks; it was first published
_wedneSday the.zLdayof
iter printed and published on every
January
, 19....2..§... and was
and including
, the - day of
,19_;
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
publication of the notice:
abed e f ghijklmno pq rø t uvwxyz
BY: 1- I
TITLE: P u iii she r
I .
Acknqwledged before me on this
~
2. Tl
IU1
ell
eo
81.1
nø
01Ii
im
tUI
21
, 19~
RATE INFORMATION
3.Tht
1i8~
are
he!'
the
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Sandi
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City ,
1.0
(1) Lowest classified rate paid by commercial users
for comparable space
.imum rate allowed by law for the above matter
$
2.55 per line
$
6.20 per line
(3) Rate actually charged for the above matter
$
1.24 per line
co'
ph
oft
Co
pl'1
un
1.804 ÜIIIII.iDL
poses of §
term "He
those im
garages,
.
ow- MINNESOTA
SUN
PUBUGA..1l0NS
Sun Current. Sun Sailor. Sun Post
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
John Coots, being duly sworn on an oath states or affirms, that he is the president of the
newspaper known as Sun-Post . or the president's designated
agent, 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. §331A.02, §331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for -.Q!!L successive weeks; it was first published on Wednesday, the -2!!L day of
August . 1998, and was thereafter printed and published on every Wednesday to and
including Wednesday. the - day of . 1998; 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 publication of the notice:
.
abcdefghijklmnopqrstuvwxyz /:J d
BY: 4.çr ~
President
Subscribed and sworn to or affirmed before me
VICTORIA H. BROUILLETTE I
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31. 2000
.
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.55 Der line.
(2) Maximum rate allowed by law
$
6.20 per line.
(3) Rate actually charged
$
1.24 per line.
.
City of New Hopt
(01
. SUMMARY
AN 0 RD INANe
The following s
approved by the Ne'
cation.
1. The title ofOrdi
ing The New H~
2. SectionOneoftl
existing Sign Cc
3. Section Two of
Code as Section
The new Sign (
Code and make]
both City staff :
mits. The new c
tions in Section
al standards for
specifies all pro]
the general pel'1
Section 3.46, sel
dential, residen
trial zoning dist
spectively. Basic
residential, resi
trial area deal w
roof and monun
3.50,3.51 and 3.
confonning sigI1
mit application
4. Section 3 of the ,
upon pll.\!Sage w
5. This summary \
the Council as r
a printed copy 0
able for review c
ficeofthe New I
ed at the New F
Dated the 27th day
Attest:
Is! Valerie Leone, Ci
(August 5, 199
OW MINNESOTA
SUN
PU3l.IC'ATI(X\ S
CIty of New ...
Sun-Q",ent Sun.Post Sun.SeJIo<
.E OF MINNESOTA)
AFFIDAVIT OF PUBLICATION
Sun-Post
, and has full knowledge of the facts which
The City Couneí
Section 1. Sectic
(3) ~.
Front Yard
R-t 3Oii(1
R-2 3O(aJ
R-3 30
R-4 35
R-5 35
R-O 35
S.l 35(8)
B-2 35(a)
B.3 35
B-4 35
1-1 50
1-2 50
ss.
COUNTY OF HENNEPIN)
Dou~ Dance
, being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.O2, 331A.O7, and other
Section 2. Sèe1
88 follows:
(b) RoothA"ka R
minimum set baclt 1
applicable laws, as amended.
published once each week, for
one
successive weeks; it was first published
(i) Along U
lineoftl
........
......
36th Av
42nd A,
49thAv
B888 La
West BJ
Winnetl
G.-,..
Boone}
(B) The printed
Ordinance No. 98-04
which is attached was cut from the columns of said newspaper, and was printed and
on wednesday the~dayof
.after printed and published on every
Apri I
, 19..2JL and was
to
(ii) Where 1
ty.....
greater.
and including
, the - day of
,19_;
Section 3. Thiø
Dated this 23rd da:
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
ATl'EST:
lalValerie Leone, C
publication of the notice:
abed efghij klm n 0 pq rat u vwxyz
BY:
(
/
pu.(;isher
~
TITLE:
Acknowledged before me on this
~ VICTOFUA H. BROUILLETTE>
~""~~')"'1,~',),-,"" . ';OT.MW.. .r..'.uÐ.UC-MIN~ESCT~c, ;
\, .: " .'/I,1Y L. .-.: 'v ~ EXPIRb 1-3hu'.O ~
:' . - . ::'~ ~-~~---~~...~"'^"'""'~..., crl'
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
tor comparable space
m rate allowed by law for the above matter
$
2.55 per line
$
6.20 per line
$
1.24 per line
.
oW- - MINNESOTA
SUN
PUBUCAllONS
Sun Current. Sun Sailor. Sun Post
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Doug Dance
, being duly sworn on an oath says that he/she
is the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun-Post , and has full knowledge of the facts
which are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed
Ordinance No. 98-05
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for
one
successive weeks; it was first publiished on
, 1998, and was thereafter printed and
Wednesday, the
3rd
day of
June
published on every Wednesday to and including Wednesday, the
. ,1998; 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 publication of the notice:
II bed e f ghi jklmn opq rstuvwxyz
BY:
L-
~
l
TITLE:
Publisher
Acknowledged before me on this
3rV:~.,uJUu - ,1998. - - -
Notary Public ~
--->"'.'.--""-1,
f'.-~ ~E"
(. ,.4',~'~~' VICTORIA H BROU,ILLE, , '~
Î' , " ., -MINNESOTI' .
" . ',""' 'j'1 NOTARY PUB, c ,. ,. o,""'J ~
; '~,~~ "'. ~:~~'.M~~~l:~E:'~~~::~~,:. >
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
.) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
$
2.55 per line
$
6.20 per line
$
1.24 oer line
City of New HOJ
011
AN ORDINANC
ZONING C
REGULATIONI
BUD.
IN REI
The City Conn,
Section 1. S
Uøes and Equinme
by amended by rep
"Integral Part', (bl
Location Limitatiol
and (0 "Area Limit
Section 2. f
Uses and Eouinme
by amended byBJId
cations and Setb&<
"Pennitted Sidevar
(3) Accessorv Hui1
tached lmI'8J!'e ,
considered an i
Attached ..aral
shall meet all r,
able zonin.. di.
buildinP'!l must
and area ream,
(a) Permitted
..ara..es al
tached are
Detached s'
in.. setback
ill ~
íill ~
íiill ~
w:..w:tIi
llid .alLœa
ú1 .alLœa
day
(b) Prohibited
b"iIdin.. st
drain!l2'e 8J
(c) Pennitted I
standinl' 6'
foot varian
street will
cessorv bui
conditions :
-(
ill Thull
m¡g:g¡¡
~
YImt!äI
JWm.
íill Thull
BJÙJIiI
íiill I.hILQ
.lWihliIi
h!IriII¡.
llid Ihe..ø
al.Wl
the.Ju:i
rim:...Iu:
thuI;¡;
'1Iithe.¡
Section 3. I
mil', (g) ~
"Limit on Numbel
4.032(3) (d), (e) and
as follows:
(d) .åD:Iù.
.. .and
DmriI:
_sl
.at:..U!
~
p¡w
~
~
lwildiI:
.IIlIIaJI
!IÍat!ID
.iIlII..IJäi
(e) Garaei
MM-eI!
~
......
for a
dwelli]
street
mobilE
dition
dwellil
cated ,
0.. MINNESOTA
SUN
P\.J8LlCATlONS
CIty of New HOlM
(OJ
OBI
AN OJUIN
WATER &1
RECO
.
Sun-current Sun-Post Sun-Sailor
AFFIDAVIT OF PUBLICATION
The City Counci
Section 1. Secti~
Hope City Code is b
STATE OF MINNESOTA)
ss.
(2) Water Rates. V
sewer billings. '
sumers by the n
lows: The mini]
S1J!Q for each r
gallons ofconsw
gallons reeordeli
. the minimum ql
nesota Commis
. billing stateme
charge is authOl
COUNTY OF HENNEPIN)
Dou~ Dance
, being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun-Post
Section 2. Sectic
the New Hope City (
, and has full knowledge of the facts which
are stated below.
(8) ReconnACtion C
chañrnd for rem
sultin.. from DOl
if the disconnec
ther the owner,
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.O2, 331A.O7, and other
Section 3. Sectic
Hope City Code is h
(8) Non-Pavmt!nt, 1
any premises f~
and iit default,
The decision to
pealed as provi
water shall not
of the bill, toget
10%, and ,.,..
"to ~nllIlliUIII
~he reconn
!&d!I. Provided,
whose bill is u~
and the Clerk h
ed in Chapter 1
as indicated on
shall nòt be shu
paid within 10
Clerk will begi~
the due date.
applicable laws, as amended.
(B) The printed
Ordinance
No.
98-06
which is attached was cut from the columns of said newspaper, and was printed and
published once each week, for 0 n e
. wednesday the-Ldayof
thereafter printed and published on every
successive weeks; it was first published
March
,1998, and was
to
and including
, the - day of
,19_;
Section 4. Sec!
Sm:rig¡" of the New
as follows:
and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is
(9) Reconnection to
to the City water !
Code shall hecltar.
tarv diRmlinACtion 1
occu'il"nt for any re
nerfonned only hetiI
3'OOnm Mondayt
A Rexson reouestillJ
~
to Rrovide the own,
times of reconnecti
pant of DBvmt!lnt fo
hereby acknowledged as being the size and kind of type used in the composition and
publication of the notice:
abcd e f ghi j klm n 0 pq rs t uvwxyz
BY:
L I
publ?"sher
~.
TITLE:
Acknowledged before me on this
Section 5. Secti
New Hope CityCoci
(a) QDeiwIlJ
the mete!
~
J!ÙÛW:
IbIIIIIu:DI
IiDœ.J¡¡j
~
......
~
~
~
time, piIø
purchase
hereinabo
4 day of
~
Notary Public
March ,1998.
f./. #-::~
,;¡,~~~~¡, VICTORIA H. BROUILLETTE
OJ, ,;:"'. t~OTA~1I,'UBLlC-MINNESCTA
. " I.'Y c.".. ',..:iuN EXPIRES 1.31.2000
~ ,/
. .....~........_~'"~
RATE INFORMATION
f.Lowest classified rate paid by commercial users
or comparable space
Maximum rate allowed by law for the above matter
2.55 per line
$
Section 6. Sect
of the New Hope (
follows:
6.20 per line
$
(b) B!uIIaœD
be furnisl
tern 01\ tI
tersJlDill
inatiIIlih
!:hiIœW
~
...........
~
(3) Rate actually charged for the above matter
$
1.24 per line
~.2n,~' ~
OW MINNESOTA
SUN
PU8l.ICATlONS
City of New Ho,
(0
Oß
AN ORDINA
CITY
UNLAWFUl
OR PUB!
A THAI
Sun-o.."enl Sun-""'" Sun-SaIlor
.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
The City Co un<
Section 1. Secti
fie (i-ootml Device'
added to read as fo]
55.
COUNTY OF HENNEPIN)
Dou~ Dance
1l.091Jnlawful Av
shall be unla
lic or private
of a properly
sign or other
device so as I
traffic contra
officer.
, being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun-Post
, and has full knowledge of the facts which
Section 2. Em:
fective upon P8S88
Dated this 23"
are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.O2, 331A.O7, and other
ATIEST:
Is/Valerie Leone, (
(March 4, 19
applicable laws, as amended.
(8) The printed
Ordinance No. 98-07
which is attached was cut from the columns of said newspaper, and was printed and
published once each week, for
one
successive weeks; it was first published
t wednesday the~dayof
ereafter pnnted and published on every
March
.19 98.andwas
to
and including
, the - day of
,19_;
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
publication of the notice:
abcdefgbij kImnopq rstuvwxyz
BY:
L
e..
,
Pub ({;. her
TITLE:
Acknowledged before me on this
~.~';. '. VICTORIA H. BROUILLETTE
,"'. .:) NOTARY PUBLlC-MINNESOTA
. "" ,..~ > MY CO~:tAISSION EXPIRES 1.31.2000
..
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
~mum rate allowed by law for the above matter
$
2.55 per line
$
6.20 per line
(3) Rate actually charged for the above matter
$
1.24 per line
OW MINNESOTA
SUN
PUBLJCA llONS
City of New Hope
(Offj.
ORDI
AN ORDINANC
CODE SECTI!
THE OPEN
AT CITY
.
Sun-CUrrent Sun-Poot Sun-SaJIor
AFFIDAVIT OF PUBLICATION
The City Council 0
STATE OF MINNESOTA)
Section 1. Section
the New Hope City Co<
lows:
ss.
2,041 Schedule of
Council sha
pointed thel
ducted in H
= the 01'
...""'iR~ ..
limited to f
sneaker at
minutes for
COUNTY OF HENNEPIN)
Dou~ Dance
, being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
(1) Call to order;
(2) Pledge of All<
(3) Roll call;
(4) Approval on
(5) Open Forum;
(6) Consent Busi
(7) Public Hearl.
(8) Development
(9) Petitions and
(10) Ordinances a
(11) Unfinished a
(12) Other Busim
(13) Adjournment
Section 2, EffiM:lli:
fective upon passage a
Sun-Po5t
, and has full knowledge of the facts which
are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.O2, 331A.O7, and other
applicable laws, as amended.
(B) The printed
Ordinance No.
Dated this 23rd dE
98-08
which is attached was cut from the columns of said newspaper, and was printed and
ATIEST:
published once each week, for 0 n e
. Wedne5day the~dayof
thereafter printed and published on every
successive weeks; it was first published
Is! Valerie Leone, City
(March 4, 1998)
March
,1998, and was
to
and including
, the - day of
,19_;
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
publication of the notice:
abcdefghijklmnopq rst uvwxyz
BY:
/
e'...
,
P U b.ft5 her
TITLE:
Acknowledged before me on this
4
March
'~"j(~~, VICTORIA H. BROUILLETTE
! "',,'¡I,'\',:!'~,,/ NOT,A~Y, ,ru" BUG-MINNESOTA 1
. '. "'," MY l..", '.: ~,~N EXPIRES 1.31.2000
: ..':;', , '" ~-~- , .. ", "-
RATE INFORMATION
4Lowest classified rate paid by commercial users
for comparable space
Maximum rate allowed by law for the above matter
$
2.55 per line
$
6.20 per line
Rate actually charged for the above matter
$
1.24 per line
OW MINNESOTA
SUN
P\J8l..ICA.TlONS
City of New Hop~
(0
OR
AN ORDINAN(
HENNEPIN CC
SIXTEEN ES'I
NIGH'ITIMI
Sun-CUrrent Sun'-' Sun,SoJIot
.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
The City Con,
Section 1. Se
9.242 "Under Aee O'
tv of Parents' and!
Hope City Code are
ss.
COUNTY OF HENNEPIN)
Section 2. See
City Code is hereb}
9.241 "Historical. It
dJIm." 9.243 'Ddi.n
.~" and 9.24
9.24 Curfew The H
settin.. a counl
established Ot
7a (1994) is hi
CitY's curlew (
Code as como!
Dou~ Dance
. being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun - P 0 & t . and has full knowledge of the facts which
are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute. 331A.O2, 331A.O7, and other
Uli Hiat!II:
JUIIIœ.
2!!...1J!
hauiI
WheJ
mWm
.IIIIImIII
ÍIIttlIiI
œCIm:i
dÎIIIIDI
. wdh:
ti!mu
a..Bwi
.b!:I:..1ß
0DIiw
.awI....aI
g¡¡fu
JW2.. .Eind.ÎJ
1.1n.;m:¡
ÍIIaiIII
AUhe
1IIIII..aI
.\em..j
J:r.ÌIIUI..!
applicable laws, as amended.
(B) The printed
Ordinance No. 98-09
which is attached was cut from the columns of said newspaper, and was printed and
published once each week, for 0 n e
.Wedne&day the~dayof
thereafter printed and published on every
successive weeks; it was first published
March
.1998.andwas
to
and including
. the - day of
.19~
2. Ba:aw
Jmœ.iL
WIIÎIII
J!IIIID&I
ÏI..tIÙII
a. .while.
iWu
xmiltI
IIIUn.
ltføøìI!
DatoÏDi
...-.~
£.ÄiImII
. ÌIIfÍIIII
u&It&
IWa. . DotiaiI
Baa
DÏtiIIDI
1. :.leD
IÏIbtIII
=
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
publication of the notice:
abcdefghijklmnopq rat uvwxyz
BY:
L
~'-'"
I
pub~her
fe..
TITLE:
Acknowtedged before me on this
. 2. :faom
.cDt.I..Ai
a. :ßuauI
IIWIt.
1ÙIIÙI.
I!IIl!m!
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
~ comparable space
.axlmum rate allowed by law for the above matter
2.55 per line
$
i.~
í.18UJ
la1ùJ
.awJ..g¡
Ji :fIIbIiI:
JIIÙIÜI:J
as:œa
atI:œtI
Khwù.
.buiJdi¡¡
§. :EmIm
lWIat.W
.atuå
..n.'-
$
6.20 per line
(3) Rate actually charged for the above matter
$
1.24 per line
.
ow- MINNESQfA
SUN
PUBUCAllONS
Sun Current. Sun Sailor. Sun Post
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
John Coots, being duly sworn on an oath states or affirms, that he is the president of the
newspaper known as Sun-Post , or the president's designated
agent, 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. §331 A.02, §331A.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 weeks; it was first published on Wednesday, the 2nd day of
September, 1998, and was thereafter printed and published on every Wednesday to and
including Wednesday, the - day of , 1998; 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 publication of the notice:
.
._~'~.....mll:: ~ <::r ~
President
Subscribed and sworn to or affirmed before me
on this 2nd day of
September, 1998.
.
VICTORIA H. BROUILLETTE J
NOTARY PUBLIC. MINNESOTA
My Commíssíon Expires Jan. 31, 2000
.
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.55 per line.
(2) Maximum rate allowed by law
$
6.20 oer line.
(3) Rate actually charged
$
.28 oer line.
.
City of New H~
OR!
AN OBDINANCI
CODE' SECl'IOI
AND LOAD L
OONFC
TO S'J
The City Cauna
Section 1. Secti
Hope City Codeiull
section (2)~
sections (3) ~
tom and (2) respect
"PnAnmat¡.. Ti.....",
"New Streets" to res
6,021 W"iI,ht Lill
.! 'IIi.,... wi
upon"""
tionofMiDp,
8Iic:tionø of t
corporatedl
CityCodebJ
Ñlly set 0IJt
(l) SItIIøuI
ate Upol
tween BIt
with agJ
itationlt]
~ abøvI
the peri.
ita øpiDi
tection 0
lùtion 114
tension .
(2)~
in-
in 16.02
operate 1
which Iu
terialø, I
been COli
w'~
IIIIIIIILJIl
I!i1....aI...5.
Nm:t.b..aI
JIDIUYiI¡
tìIJ1mr.iD¡
ItI:IIIUJ
IIIœJItIIiI
!aUkIII
-
~.
Ji1ì
!dL .Iaíì
!øl aw:
I11III
UlSl;it
!Il1¥ll
, ß1lD
LIllI
WIiaDi
"":61",=
I11III
fJùJBI
IDNø
MIll
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, !all:
íøltl
IIÍ1II
úùl&ll
..
íølliitol
Cù:l
!Il. .:m
. ill ' r:
"'.l :;
IDII!
Sectiøn'2. .&MiI
New HopeCity'Cade
6.022 Lwœ PrnbiIDt
aDY vehic:le equippe
Iii'" . lIit_... J
Section 3. SeC1
C-uin Stn!øtø"thnJ
New Hope City Code
Section 4. Em
fective upon llll!llage
Section 2. Sectio;
to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in .tr.itl"ofthe New Hope
as follows:
the composition and publication of the notice: (1) Less Intensive Us
ject to the same condi!
excluding any "B~ 2"
in the "B-4".
::e Section 3. EfThI:1.i.
fective upon passage
.
ow- ~ MINNESOTA
SUN
PUBLICATIONS
Sun Current. Sun Sailor. Sun Post
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Doug Dance
, being duly sworn on an oath says that he/she
is the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun-Post , and has full knowledge of the facts
which are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable
laws, as amended.
Ordinance No. 98-13
(B) The printed
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for
one
successive weeks; it was first publiished on
Wednesday, the 22nd day of April , 1998, and was thereafter printed and
published on every Wednesday to and including Wednesday, the day
.Of ,1998; and printed below is a copy of the lower case alphabet from A
abed I'. fghi j klmn a pq rstuvwxyz
L
--,
I
BY:
TITLE:
Publisher
Acknowledged before me on this
22nd day of April ,1998. \.
V;~ !iJ~~
Notary Public I (
~'4 ..61 # noli ####'1
( '¡'t..., .
, . ... ~..,\ VICTORI.A H BROUILLE-:iE ~
~ ." '.';_~,i "QTARY ~U811C-MINNESOT., ~
l \:;,'~.i""iJI MY COMMIS3!ON EXPIRES ¡.31.20") ~
, .'.:';-:'r~~~""~':'
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
.~2) Maximum rate allowed by law for the above matter
$
2.55 per line
$
6.20 per line
(3) Rate actually charged for the above matter
$
1.24 per line
City of New Hope
(01
OR]
AN ORDINANCE
DAY CARE FAC]]
IN THE Bo1, B-2
The City Council ofl
Section 1. Section 4.]
Hope Code is here
4.104(4) "Dav Care F
(4) Dav Care Facili
thirteen or more
W Off-Street P;
and access is
4 036 of this
facility dron '
nal site circII
ilil. Off-Street L
and service,
with Section
size may be I
the followine-
1.,~
~
~~
~
~
~
W Outdoor Pla\
scaned and I
nronertip$ in
~
@ Si""s Allsim
. cation devici
3.464(1) ofth
Leì General Can,
visions of See
Code are met
ill.. State Re"ula
shall be in cor
nartment off
be licensed a,
Dated this 13th d
A TrEST: Is! Valerie 1
(April 22, 1998)
.
OW MINNESOTA
SUN
PUBUCATlONS
Sun Current. Sun Sailor. Sun Post
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Doug Dance , being duly sworn on an oath says that he/she
is the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun-Post , and has full knowledge of the facts
which are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statue 331A.O2, 331A.O7, and other applicable
laws, as amended.
(B) The printed
Ordinance No. 98-14
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for
one
successive weeks; it was first publiished on
Wednesday, the 17th day of June , 1998, and was thereafter printed and
.ublished on every Wednesday to and including Wednesday, the day
f ,1998; 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 publication of the notice:
abcde fghij klmn 0 pq rs tuvwxyz
!--
-;}-
{
BY:
TITLE:
Publisher
Acknowledged before me on this
'V!~ ¡¡98~
Notary Public
-~#,u,,##"-"~" .'
, . .,..."... ILLETTE:
""-. OCr"" ~ >I eRoUNccOT~
. " , ,('--MIN ~~
r',HHlS \.JI-~OOO
RATE INFORMATION
$
(1) Lowest classified rate paid by commercial users
for comparable space
8) Maximum rate allowed by law for the above matter
2.55 per line
$
6,20 per line
$
1.24 per line
(3) Rate actually charged for the above matter
City of New Norm
ORDI
AN ORD
NEW HI
REGULATING SI
PLAYIJ
The City Council,
&I:t.iIm...l, Section
City Code is hereby 8J
(6) Gamea. Take]
ing of any m
~game8
akjuN 811M 8
Mallal..,l-
18- ahurø
11-- 11,-11-
køH, 011 IIlIail
.. courte or :
ing JILhladiw:
confined to ~
areaø for said
, court 8urfacA
modallÚmlan
orohibited f4
recmatinnAI A
manner 88 nol
iovment of th.
"""""nAblA Ii¡
~, Effecti,
fective upon its P8888
Dated the 8th da,
Attest:
Is/Valerie Leone, City
(June 17, 1998)
e.
.
OW MINNESOTA
SUN
PUBLlCAllONS
Sun Current. Sun Sailor. Sun Post
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Doug Dance
, being duly sworn on an oath says that he/she
is the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun-Post , and has full knowledge of the facts
which are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed Ordinance No. 98-15
I
which is attached was cut from the columns of said newspaper, and was printed and published i
once each week, for
one
successive weeks; it was first publiished on
, 1998, and was thereafter printed and
Wednesday, the
3rd
day of
June
published on every Wednesday to and including Wednesday, the day
. ,1998; 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 publication of the notice:
abed e f gbijklmnopq rstuvwxyz
L
I
~e.
BY:
~
TITLE:
Publisher
Acknowledged before me on this
~~ "{J ~~
,
Notary Public
, ,,-~_##-#_--"""'-#"""l
('T~- ,
4 ,A~:~:" ,C"'OF\IA H BROUlllEnE~
<., F' ,^, \/1 , "fCG,A '
",-.'"","', NO'ARY PUBUC-MIN,", ,., ,', ì
.,,".:<'-¡ <'r",,31'D~'J
"'c"'"l\ . MY COMMISSION~XP,Rß '" -, f
t 'v, >::",.,g.~,":~-V""',,^f.JVV'~""'"
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.55 oer line
$
6.20 oer line
$
1.24 per line
City of Ne.
=
The City COt
Section 1.
6.14
6.141 Fi
for its cit
tain the
pose of d
auchseI"
their USI
and proJ
To provi,
theappr
unnece&
of-way, ~
Thia See
rights-ol
federal!
financia
managil
6.142 D
(1) Ci
to
tic
in
ly
m
Ill!
(2) D
of
D(
(3) D
pI
(4) E,
pi
(5) E
a1
pi
(6) E
(7) P
(8) P
b
(9) :Ð
(10) :Ð
f(
(11) :Ð
(12), ':II
a
e
(13) Iii
Ii
Ii
-'v
v
(
(14) 1
~
J
t
v
6.143]
(l)J
(2) ]
I
OW MINNESOTA
SUN
PUBLICATIONS
.
Sun Current. Sun Sailor. Sun Post
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
John Coots, being duly sworn on an oath states or affirms, that he is the president of the
newspaper known as Sun-Post , or the president's designated
agent, 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. §331A.02, §331A.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 weeks; it was first published on Wednesday, the 21st day of
October, 1998, and was thereafter printed and published on every Wednesday to and
including Wednesday, the - day of , 1998; 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 publication of the notice:
.
"".,"ij-..m"~: -4. ç, ~
President
Subscribed and sworn to or affirmed before me
on this 21st day of October, 1998.
y; ~~ (c/~
Notary ~ J8
VICTORIA H. BROUILLETTE
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31. 2000
. ~'^~.
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.55 oer line.
(2) Maximum rate allowed by law
$
6.20 per line.
(3) Rate actually charged
$
1.24 per line.
.
City of New Hope
(Offic
OROIl'
AN OROI
THE NEW I
INCR&4
MAYOR ANI
The City Council ofthl
Section 1. Section
her Salaries' of the NI
eel to read as follows:
2.111 Mayor and
salary of the Mayt
~ per two WI
~ 1m and sha!
live January 2, ¡ø
cilmember is here!
per two week perioc
shall increase to $I
iIIØII 21m.
Section 2. E(feetì
effective upon its pas81
Dated the 12th daJ
Attest:
Is! Valerie Leone, City'
(Oct. 21, 1998) F
.
ow- MINNESOTA
SUN
PUBl.JCAllONS
Sun Current. Sun Sailor. Sun Post
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
John Coots, being duly sworn on an oath states or affirms, that he is the president of the
newspaper known as Sun-Post I or the president's designated
agent, 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. §331A.02, §331A.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 weeks; it was first published on Wednesday, the 23rd day of
September I 1998, and was thereafter printed and published on every Wednesday to and
including Wednesday, the - day of I 1998; 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 publication of the notice:
.
. ""'""" M "'""""",...,.,. ~
BY: ~ tÇ,.
President
Subscribed and sworn to or affirmed before me
"
on this 23rd day of September, 1998.
N 0 ta1\Í((;/i,:~" m l ~ ß ~
T'\ "/!CTOR!A H, BROUiLLETTE I
. ,~ t~C:T,~RY PUBic IC.MiNNESOTA
~ ' ß' My r;~mrn"s;'n E'~lrGs Jan, 31, 2000
w '\^,'I,i..Nk"'~ .
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.55 oer line.
(2) Maximum rate allowed by law
$
6.20 per line.
(3) Rate actually charged
$
1.24 per line.
.
City of New MODI
(Oftl,
SUMMARY 0
AN ORDI
THE NB1
BY ESTABUSIIII
OVEi
, The following SUJD]
I by approved by the Ne..
lication, this 14th da)
I hereby determines tti
fonna the public of thE
98-17,
1. The title of Ordil
AmendillllTbe~
ShnndAnd~'
I
12, Section OneoftÎII
tiOIlB ÎJI NØ\VHÒ I(!
"Blutr', (9EY "Bh
I ~e'.(23M"CøDìÍ
(33À) "I)ee¡", (71Ã
Water Lev"', (1~
PublicU'!!l.( J.a$,'
ment", (1->.
SIO lE!~¡ (128C)"fi
Bluft""; and (132A:
tul'lur Facilit,.-., '
tile ~~d P8I
, tfÍ18øtdillllîieít.'"";'
3, Section Two of the
"~. set out
Hope City Code, ~
back from 8boreliI
atreetà and lot lint
measured from to¡
water levels.
4. Section Three of t
district known..!
kiJ:t' set out at &I
Code. Section 4.1E
lisbes policy and ~
provides for' a .
cally, it delbìl!i'No
eral development I
- Nortb Branch II!
Sectión 4,163 deal
land constructioÍl ¡
also includes reli
struction, grading
Certificate ofZonil
for variances anê
4,164 controkall€
Sèction 4,l65'goY'
Said standards ,al
and industrial pi
placement, design
tion 18 aigDificant
cluding,but not j¡
lots, design,~
atioll8 of~1
management. See
of nonconfonnitiel
tive date of the or
said non-eónfonn
mance with the pi
5. Section 4 oCtile OJ'
upon passage anil
6, TbissummaryW8
the Council as re«¡
a printed copy oft
able for review du
fice oftbe New Ho
ed at the New Hir
Attest:
Is! Valerie Leone, Cit:
(Sept. 23, 1998)
ow- -, MINNESOTA
SUN
FUBUCA1l0NS
.
Sun Current. Sun Sailor. Sun Post
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
John Coots, being duly sworn on an oath states or affirms, that he is the president of the
newspaper known as Sun-Post , or the president's designated
agent, 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. §331 A.02, §331 A.O?, 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 weeks; it was first published on Wednesday, the 21 st day of
October, 1998, and was thereafter printed and published on every Wednesday to and
including Wednesday, the - day of , 1998; 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 publication of the notice:
.
""""ijM_-:: -4. ~ ~
President
Subscribed and sworn to or affirmed before me
on this 21st day of October, 1998.
NO~~
VICTORIA H. BROUILLETTE I
NOTARY PUBLlC.MINNESOTA
My Commission Expires Jan, 31. 2000
. .
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.55 per line.
(2) Maximum rate allowed by law
$
6.20 per line.
(3) Rate actually charged
$
1.24 oer line.
City of New Hope
(Offj
ORDI
, AN ORD,
i THE NEW
¡ ESTABLISHING M
! TO DETEBMINB)
I
¡ The City CoUncil otth
Sèetien 1. Sectio
¡ =:Ù~8~_HI
~
MDt ~ ~
t
I
I
I
i
,
¡
i
I
~ .
Residential
Conunen;iaI)
All curl, eøts ~~
3¿~æ
";"" 'not~
to :mitWr and reel
and appnwaJ1JftJ¡
City~rec
maximum widths
type of land use tot
nâtute of tbullh ¡
and witItk-of'the.
curb cut willlJe.lti
consider 'any...
neøota CommÏ8ili
driveway and curt
onunend~ toe
SeCtion 2. Meet
eft"eetive upon its ]lUll
Dated the 12tþ ds
f
!
¡ Attèst:
Is/Valerie Leone, Cit~
1 (Oct. 21, 1998) ]
,
.
ow- MINNESOTA
SUN
PUBUCA1l0NS
Sun Current. Sun Sailor. Sun Post
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
John Coots, being duly sworn on an oath states or affirms, that he is the president of the
newspaper known as Sun-Post , or the president's designated
agent, 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. §331A.02, §331A.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 weeks; it was first published on Wednesday, the ~ day of
Decemb,er ,1998, and was thereafter printed and published on every Wednesday to and
including Wednesday, the - day of
, 1998; 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 publication of the notice:
.
abcdefghijklmnopqrstuvwxyz A ð
BY: 4..?r ~
President
Subscribed and swom to or affirmed before me
on this ~ day of
December, 1998.
V:~...,..,.".'", "(1:,,,,~
Notary;, ,c,," ~
'" (", " " ,', '" c.~"', I I "T"
')"*~/"" . "".:'O"VliIL,-.-"E
~~~~:~i!].(' :.-,mIC~,~~~;~N:1~~:: ~ .
!III """",.:;¡;¡v~'V'A~ ,i',,' "A"\~".f\i,"i;'/V\i\!VVVVy'^I\I .
RATE INFORMATION
$
2.55 per line.
(1) Lowest classified rate paid by commercial users
for comparable space
$
6.20 per line.
(2) Maximum rate allowed by law
$
(3) Rate actually charged
1.24 per line.
City of New ~
ORDI
AN ORDINANCE
CITY CODE II
TO GARBAGE j
The City Coun4
dains: '..
Section 1. Secti
üma' of the New Ho
read as follows:
(3) Renewal and
under shall ex
I:I:IIIbm: follow:
Section 2. Sectio
Hope City Code is hel
(7) Insoection. N.
until the vehi
BiIJI[!IDd ins)
Vehicle ICY} i
State of MiDJ1
the State of Ai
The insoectiOl
vp.hicle must I
date of the Il[
~ iJ.ni,..jj
'" 8 g",'aI '"
iDII,8Ihr rlr I
jlilll',lru_.
Jlimm ""at III
g.,.w.
Section 3. Sect
Hope City Code is he¡
(2) &wt.ea. 'I
City Man
specific I'E
and speci:
. tricts for:
vision is t
collection
City. Said
age citize
effort, to
dates for,
in l4iDn..
complian,
tions as a
Group pu
Agreemel
coordinat
safety an
streets by
cycling V4
time. IhIi
tilmdimj
IU..l2LllJ
tions will
designee
a. hoU84
b. comp
refus
ble;
c. comp
tjlth,
d. coon!
thee
Section 4. Sect
C~/:::~ to~
(l)~
idential ,
collected
dispœed
collec:tor
du.fg[JJ
!!ÚIIIIUII
~
collec:tor
dence of
the houri
Section 5. SecI
Collection Liee-
i hereby amended to I'
14.092 GaI:iIaø.
Annual fo
lection I
8.142 an
(1) CoIlE
(2) Eacl1
! Section ø. De
: effective uJIO.n its pili
I '
I Dat.èd the 23rd .
.
STATE OF MINNESOTA)
OW MINNESOTA
SUN
PUBUCA llONS
Sun Current. Sun Sailor. Sun Post
AFFIDAVIT OF PUBLICATION
SSe
COUNTY OF HENNEPIN)
John Coots, being duly sworn on an oath states or affirms, that he is the president of the
newspaper known as Sun-Post , or the president's designated
agent, 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. §331A.02, §331A.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 weeks; it was first published on Wednesday, the _21st day of
October, 1998, and was thereafter printed and published on every Wednesday to and
including Wednesday, the - day of , 1998; 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 publication of the notice:
"cl","ij~"-",": -4 ~ ~
President
.
Subscribed and sworn to or affirmed before me
on this 21st day of
,1998.
VICTORIA H. BROUILLETTE I
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan, 31.2000
~.
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.55 oer line.
(3) Rate actually charged
(2) Maximum rate allowed by law
6.20 oer line.
$
$
1.24 oer line.
City of IItw Norm.
OBDII
AN ORDINANCE.
CODE SECnO
THE STORM
The City COUIIO
daiJI8: .,','
Section 1. Sect
BaMI" of tile NeW HOt
read IS foll8wl: . ,'~
~
8 quarterly du
tiít{UP) 'IIIIÍII
to tIIê üwDei" c
ty in N_HOJ
pay for tbj! Jell
operàtioRof II
øyBtem. said'
lows:
(a)'8ingle and
residential
(b) all other n
commercii
indUltrial
',e.
Section 2. ...
effective upon its ¡I8í
rates shall only aPti3
date of January I, 11M
. ',"
Dated tlte ì..~
Attest:
Is! Vàlerie Leone, Ci~
(Oct. 21, 1998)