1997 ORD
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.
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ORDINANCE NO. 97-2
AN ORDINANCE AMENDING CHAPTER 8
OF THE NEW HOPE CITY CODE BY
ESTABLISHING LICENSING REGULATIONS
FOR PAWNBROKERS, PRECIOUS METAL AND
SECOND HAND DEALERS
The City Council of the City of New Hope ordains:
Section 1. Section 8.33 "License for Pawnbrokers, Precious
Metal Dealer and Second Hand Dealer" of the New Hope City Code is
hereby added to read as follows:
8.33 License for Pawnbrokers. Precious Metal Dealer and Second Hand
Dealer.
8.331
Purpose. The purpose of this section is to prevent
pawn shop, p rec i ous met a 1 s and second hand goods
bus i n e sse s from be i n g use d as f a c i 1 i t i e s for the
commission of crime, to assure that such businesses
comply with basic consumer protection standards and
to protect the public health, safety and general
welfare of the citizens of the City. The City
Council therefore finds consumer protection
regulation is warranted in transactions involving
pawnbrokers, precious metal dealers and second hand
dealers.
8.332
Definitions. The following words and terms when
used in this Section shall have the following
meanings unless the context clearly indicates
otherwise:
(1)
Billable Transaction. Every reportable
transact i on conduct ed by a 1 i censee except
renewals, redemptions, or extensions of
existing pawns on items previously reported
and continuously in the licensee's possession
is a billable transaction.
(2 )
(3 )
Minor. Any person under 18 years of age.
Pawnbroker. Any person or agent or employee
thereof, within the City who loans money on
deposits or pledge of personal property or
other valuable thing; who deals in the
purchasing of personal property or other
.
(6)
.
( 7 )
(8)
.
valuable item on condition of selling that
same item back again at a stipulated price; or
who loans money secured by a mortgage on
personal property, taking possession of the
property or any part thereof so mortgaged. To
the ext ent t hat a bus i ness i nc 1 udes buyi ng
personal property previously used, rented or
leased, or selling it on consignment, the
provision of this section shall be applicable.
Any bank, savi ngs and loan assoc i at i ons or
credit union shall not be deemed a pawnbroker
for purposes of this section.
(4)
Pawnshop. The location at which or premises in
which a pawnbroker regularly conducts
business.
(5)
Person. An individual; a partnership,
including a limited partnership; a corporation
including a foreign, domestic or nonprofit
corporation; a trust; a political subdivision
of the State; or any other business
organization.
Precious Metal Dealer. Any person engaged in
t he busi ness of buyi ng coi ns or second hand
items containing precious metal, including but
not limited to, jewelry, watches, eating
utensils, candlesticks, and religious and
decorative objects.
Second Hand Dealer. A person, partnership,
fi rm or corporat i on whose regu 1 ar busi ness
includes selling or receiving tangible
personal property (excluding motor vehicles)
previously used, rented, owned, or leased. The
term second hand dealer sha 11 i nc 1 ude
pawnbroker and antique shops.
Reportable Transaction. Every
conducted by a licensee in which
is received through a pawn,
consi gnment or trade, or i n whi ch
renewed, ext ended or redeemed, i s
except:
transaction
merchandise
purchase,
a pawn is
reportable
(a)
The bulk purchase or consignment of new
or used merchandise from a merchant,
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8.333
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8.334
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manufacturer or wholesaler having an
established permanent place of business,
and the retail sale of said merchandise,
provided the 1 icensee must maintain a
record of such purchase or consignment
which describes each item, and must mark
each item in a manner which relates it to
that transaction record.
(b)
Retail and wholesale sales of merchandise
originally received by pawn or purchase,
and for which all applicable hold and/or
redemption periods have expired.
License Required. No person, firm or corporation
sha 11 conduct or ope rat e t he busi ness of
pawnbroker, precious metal dealer and second hand
dealer without having first obtained a license
therefore as herein provided; or in violation of
any of the provisions herein contained. No
pawnbroker, precious metal dealer and second hand
dealer license may be transferred to a different
location or a different person. A separate license
is required for each place of business. A person
may be issued multiple licenses if there has been
compliance with this code and all other county,
state and federal laws for each license.
Exceptions to License Requirement.
( 1 )
The following transactions shall not require a
precious metal dealers license:
(a)
Transact i ons at occasi ona 1 "garage" or
.. yard" sales, or est at e sa 1 es or auct ions
held at the decedent's residence, except
that precious metal dealers must comply
wit h the requi rement s of Mi nnesot a
Statutes, §§325F.73 to 325F.744 for these
transactions.
(b)
Transactions regulated
Statutes, Chapter 80A.
by
Minnesota
(c)
Transactions regulated by the Federal
Commodity Futures Commission Act.
3
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.
(2 )
.
(d)
(e)
(f)
(g)
(h)
( i )
Transactions involving the purchase of
precious metal grindings, filings, slag,
sweeps, scraps or dust from an industrial
manufacturer, dental lab, dentist or
agent thereof.
Transactions involving the purchase of
photographic fi 1m such as 1 ithographic
and x-ray film or silver residue or flake
covered in lithographic and x-ray film
processing.
Transactions involving coins or bullion
i n i ngot s.
Transact i ons i n whi ch t he second hand
item containing precious metal is
exchanged for a new item containing
precious metal and the value of the new
item exceeds the value of the second hand
item.
Transactions between precious metal
dealers if both dealers are licensed
under Minnesota Statutes §325F.733, or if
the seller's business is located outside
of the State and the item is shipped from
outside the State to a dealer licensed
under Minnesota Statutes §325F.733.
Resale transactions by an antique dealer
of second hand items containing precious
metal if the items are resold at retail
in an unaltered condition except for
repair, and the antique dealer paid less
than two thousand fi ve hund red do 11 ars
($2,500.00) for all second hand items
containing precious metals purchased by
said antique dealer within any twelve
(12) consecutive month period.
The following transactions shall not require a
second hand dealers license:
(a)
The sale of second hand goods where all
of the following are present:
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(b)
.
(c)
(d)
(e)
(f)
(g)
(h)
.
(i)
The sale is held on property
occupied as a residential dwelling
by the seller or owned, rented or
leased by a charitable or political
organization.
( i i )
The items offered for sale are owned
by the occupant.
(iii)
That no sale exceeds a peri od of
seventy-two (72) consecutive hours.
( i v)
That no more than two (2) sales are
held in any twelve (12) consecutive
month period at any residential
dwelling.
(v)
That none of the items offered for
sale have been purchased for resale
or recei ved on consi gnment for
purpose of resale.
The sale
magazines.
of
second
hand
books
or
The sale of second hand clothing and
linens except that dealers of second hand
bedding must comply with Minn. Stat.
§§325F.25 through 325F.34. This
exception does not apply to the sale of
second hand sporting equipment.
The sale of second
laundry appliances.
hand
k it chen
or
The sale of second hand furniture.
The sale of goods at an auction held by a
licensed auctioneer.
The sale of recyclable material
including, but not limited to, motor oil,
aluminum, iron, glass, plastic and paper.
Private occasional sales of second hand
goods.
(i)
Sa 1 es by char it ab 1 e organi zat i ons that
take second hand goods for no
compensation.
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8.335
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(j)
(k)
The sale of used motor vehicles.
The sale of any item for less than $15.00
in cash, merchandise or services for
merchandise received provided:
( i )
the total amount paid any single
person for resold merchandise does
not exceed $45.00 within any 60-day
period; or
( i i )
merchandi se has not been recei ved
for resale from any single person
more than three times within any 60-
day period regardless of the total
value of said transactions.
( 1 )
The bus i ness
those second
fu 11 payment
va 1 ue and
incidental
business of
of buying or selling only
hand goods taken as part of
for new goods of great er
whe re such busi ness i s
to and not the primary
a person.
(m)
A bulk sale of property from a merchant,
manufacturer or wholesaler having an
established place of business or of goods
sold at open sale from bankrupt stock.
(n)
Goods sold at an exhibition.
Business Manager. A person(s) designated by the
licensee to operate a business in the licensee's
absence. A 1 i censee must des i gnat e a manage r to
operate the licensed business if the licensee
cannot provide on-site supervisory services at the
business for at least 40 hours per month.
(1)
When a licensee places a manager in charge of
a business, or if the named manager(s) in
charge of a 1 i censed busi ness changes, the
licensee must complete and submit the
appropriate application, on forms provided by
the City within fourteen (14) days.
(2 )
Upon completion of an investigation of a new
manager, the licensee must pay an amount equal
to the cost of the investigation to assure
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8.336
8.337
8.338
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8.339
8.340
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compliance with this Code. If the
investigation process is conducted solely
within the State of Minnesota, the fee shall
be five hundred dollars ($500.00). If the
investigation is conducted outside the State
of Minnesota, the issuing authority may
recove r t he act ua 1 invest i gat i ons cost not
exceeding ten thousand dollars ($10,000.00).
Application for License. Every application for
license under this Section, whether for a natural
person, partnership, corporation or other
organi zat i on sha 11 be made on a form supp 1i ed by
the City and shall contain all information on said
license form as required by law.
App 1 i cat ion Execut ion. All
under this Section shall be
Any 1 i cense obt a i ned by use
shall result in the denial
license.
1 i cense app 1 i cat ions
signed and sworn to.
of false information
or revocat i on of a
Application Verification. All applications shall
be referred to the Police Department for
verification and investigation of the facts set
forth in the application. The Police Department
shall make a written report and recommendation to
the City Council as to issuance or non-issuance of
the 1 i cense. The Ci t Y may order and conduct such
additional investigation as it deems necessary
during normal business hours.
Application Consideration. If an application is
granted for a location where a building is under
construction or not ready for occupancy, the
license shall not be delivered to the licensee
unti 1 a cert i fi cat e of occupancy has been i ssued
for the licensed premises.
Fees.
( 1 )
Application Fee.
(a)
A nonrefundable application fee shall be
as set forth in §14.106(1) of this Code.
(b)
The application fee shall be paid in full
before the 1 i cense app 1 i cat i on is
accepted.
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(2 )
(3 )
.
(4)
.
Investigation Fee. A license applicant under
this Section shall pay the City at the time an
original application is submitted, a
nonrefundable investigation fee as set out in
§14.106(2) of this Code for the following
costs:
(a)
(b)
To verify the license application and;
License Fee.
To assure compliance with this section.
(a)
(b)
(c)
The 1 i cense fee sha 11 be as set out
§14.106(3) of this Code.
in
The fi rst annual 1 i cense fee sha 11 be
paid with the application and
investigation fee. The application fee
shall be credited to the fi rst annual
license fee, if the application is
approved.
Upon rejection, denial or withdrawal of
any license application, only the annual
1 i cense fee sha 11 be refunded in fu 11 ,
but not the investigation or application
fee.
Billable Transaction Fee.
(a)
(b)
The billable transaction license fee
shall be as set out in §14.106(4) of this
Code and classified according to the
medium by which daily required reports
are submitted to the New Hope Police
Department.
The billable transaction license fee
shall reflect the cost of processing
transactions and other related regulatory
expenses as determined by the City
Counci 1 , and sha 11 be revi ewed and
ad just ed, i f necessary, at 1 east every
six (6) months. Licensees shall be
notified in writing thirty (30) days
before any adjustment is implemented. The
billable transaction fee for modem
transaction shall not exceed the billable
transaction fee for manual transactions.
8
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8.341
8.342
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8.343
8.344
.
(c)
Billable transaction fees shall be billed
monthly and are due and payable within
thirty (30) days. Failure to do so is a
violation of this section.
Bond. A pawnbroker 1 i cense wi 11 not be i ssued
unless the applicant files with the City Clerk a
bond with corporate surety, cash, or a United
States Government Bond in the amount of five
thousand dollars ($5,000.00) for a pawnbroker,
precious metal dealer and second hand dealer
license. The bond must be conditioned on the
licensee obeying the laws and ordinances governing
the licensed business and paying all fees, taxes,
penalties and other charges associated with the
bus i ness. The bond must provi de t hat it i s
forfeited to the City upon violation of any law or
ordinance.
App 1 i cat i on Renewa 1 . All 1 i censes i ssued as per
this section shall be effective for one year from
the date of approval by the City. An application
for the renewal of an ex i st i ng 1 i cense sha 11 be
made prior to the expi rat ion date of the 1 icense
and shall be made in such form as the City
requires. No expiration of any license shall impair
or affect the obligation of any pre-existing lawful
contract between the licensee and any pledgor.
Death of a Licensee. In the case of the death of a
1 i censee, the re 1 at i ve or pe rsona 1 represent at i ve
of the 1 i censee may conti nue ope rat i on of the
business for not more than ninety (90) days after
the licensee's death.
Conditions for Approval of License. To be eligible
for or to maintain a pawnbroker, precious metal or
second hand dealer license, a person must operate
lawfully and fairly within the provisions of this
section and all other applicable laws, and:
( 1 )
No license under this Section shall be issued
to an applicant who is a natural person if
such applicant:
(a)
Is a minor at the time the application is
filed;
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(2 )
.
.
(b)
(c)
(d)
(e)
Has been convicted of any crime directly
re 1 at ed tot he occupat i on 1 i censed as
prescribed by Minnesota Statutes §364.03,
Subd. 2, un 1 ess t he person has shown
competent evidence of sufficient
rehabilitation and present fitness to
perform the dut i es of a pawnbroker as
prescribed by Minnesota Statutes §364.03,
Subd. 3; or
Holds an intoxicating
under this Code; or
1 i quor
license
Is not a citizen of the United States or
a resident alien, or upon whom it is
impractical to conduct a background and
financial investigation due to the
unavailability of information; or
Is not of sufficient good moral character
or repute as determined by the City
Council.
No license under this Section shall be issued
to an applicant that is a partnership if such
applicant has any general partner or managing
partner who:
(a)
(b)
(c)
(d)
Is a minor at the time the application is
filed;
Has been convicted of any crime directly
related to the occupation and the person
licensed as prescribed by Minnesota
Statutes §364.03, Subd. 2, unless the
person has shown competent evidence of
sufficient rehabilitation and present
fitness to perform the duties of a
pawnbroker, as prescri bed by Mi nnesota
Statutes §364.03 Subd. 3; or
Holds an intoxicating
under this Code; or
liquor
license
Is not a citizen of the United States or
a resident al ien, or upon whom it is
impractical to conduct a background and
financial investigation due to the
unavailability of information; or
10
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(3 )
.
(4)
(5 )
.
(e)
Is not of sufficient good moral character
or repute as determined by the City
Council.
No license under this Section shall be issued
to an applicant that is a corporation or other
0 rgan i z at ion if such app 1 i cant has any
manager, proprietor, or agent in charge of the
business to be licensed who:
(a)
Is a minor at the time the application is
filed;
(b)
Has been convicted of any crime directly
re 1 at ed to the occupat i on 1 i censed as
prescribed by Minnesota Statutes §364.03
Subd. 2, unless the person has shown
competent evidence of sufficient
rehabilitation and present fitness to
perform the dut i es of a pawnbroker as
prescribed by Minnesota Statutes §364.03
Subd. 3; or
(c)
Holds an intoxicating
under this Code; or
1 i quor
license
(d)
Is not a citizen of the United States or
a resident alien, or upon whom it is
impractical to conduct a background and
financial investigation due to the
unavailability of information; or
(e)
Is not of sufficient good moral character
or repute as determined by the City
Council.
Any change, directly or beneficially, in the
owne rsh i p of any 1 i censed pawnshop, prec i ous
metal or second hand dealer shall require the
app 1 i cat i on for a new 1 i cense and t he new
owner must satisfy all current eligibility
requirements.
The fo 11 owi ng 1 ocat i ons sha 11 be
for a license under this Section:
ineligible
(a)
No license shall be granted or renewed if
the property on which the business is to
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8.345
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.
(b)
(c)
be conducted is owned by a person who is
ineligible for a license under any of the
requirements of this Code.
Where ope rat i on of a 1 i censed premi se
would violate Chapter 4 of this Code.
Where the applicant's present license was
issued conditioned upon the applicant
making specified improvements to the
licensed premise or the property of the
licensed premise which improvements have
not been completed.
General License Restrictions.
(1)
Record Keeping. At the time of a receipt of
an item of property, whether sold or pawned,
the pawnbroker, precious metal dealer and
second
hand dealer shall immediately record, using
the English language, in an indelible ink, or
in a computerized record approved by the City
Manager, the following information:
(a)
(b)
(c)
(d)
(e)
(f)
A complete and accurate description of
the item of property including, but not
limited to, any trademark, identification
number, serial number, model number,
brand name, or other identifying mark on
such it em;
The dat e and t i me t he it em of prope rt y
was received;
The full name, residence address,
residence telephone number, address, date
of birth, sex, height, weight, race and
color of hair and eyes of the pledgor or
seller;
The amount advanced or paid;
The maturity date of the pawn transaction
and the amount due;
The monthly and annual interest rates,
including all pawn fees and charges; and
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(g)
The 1 i censee must a 1 so take co lor
photographs or color video recording of:
(i)
Each customer involved in a billable
transaction.
( i i )
Every item pawned or sold that does
not have a unique serial or
identification number permanently
engraved or offered.
(iii)
I f a photog raph i s taken, it must be
at 1 east two (2) i nches i n 1 engt h by
two (2) inches in width and must be
maintained in such a manner that the
phot og raph can be read i 1 y mat ched
and correlated with all other
records of the transaction to which
they re 1 at e. Such phot og raphs must
be available to the Chief of Police,
or the Chief's designee, upon
request. The 1 i censee must ora 11 y
inform the person that he or she is
being photographed and by displaying
a sign of sufficient size in a
conspicuous place in the premises.
(iv) If a video photograph is taken, the
vi deo camera must zoom i n on the
person pawning or selling the item
so as to include an identifiable
close up of that person's face.
Items photographed by video must be
accurately depicted. Video
photographs must be electronically
referenced by time and date so they
can be readi 1 y mat ched and
correlated with all other records of
the transaction to which they
relate. The licensee must orally
inform the person that he or she is
being videotaped and by displaying a
sign of sufficient size in a
conspicuous place on the premises.
The licensee must keep the exposed
videotape for three (3) months.
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(2 )
.
.
(h)
Digitized Photographs. Effective ninety
(90) days from the date of notification
by the Chief of Police, the licensee may
fulfill the color photograph requirements
in §8.345(1)(g) by submitting them as
digital images, in a format specified by
the issuing authority, electronically
cross referenced to the reportable
transaction they are associated with.
Notwithstanding the digital images may be
captured from required video recordings,
this provision does not alter or amend
the requirements in §8.345(1)(g).
Printed Record Keeping. The following shall
be printed on all pawn tickets:
(a)
(b)
(c)
The statement that "any personal property
pledged to a pawnbroker within this state
is subject to sale or disposal when there
has been no payment made on the account
for a period of not less than ninety (90)
days past the date of the pawn
transaction, renewal, or extension; no
further notice is necessary. There is no
obligation for the pledgor to redeem
pledged goods."
The statement that "the pledgor of this
item attests that it is not stolen, it
has no liens or encumbrances against it,
and the pledgor has the right to sell or
pawn the item".
The statement that "this item is
redeemable only by the pledgor to whom
the recei pt was issued, or any pe rson
identified in a written and notarized
authorization to redeem the property
identified in the receipt, or a person
identified in writing by the pledgor at
the time of the initial transaction and
signed by the pledgor. Written
authorization for release of property to
persons other than the original pledgor
must be maintained along with the
original transaction record".
(d)
A blank line for the pledgor's signature.
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(3 )
(4)
.
.
Inspection of Records. The pawnbroker,
precious metal dealer or second hand dealer
shall make available the information required
in §8.345(1) of this Section during business
hours for inspection by the City. The
information required in §8.345(1) of this
Section shall be retained by the pawnbroker,
precious metal dealer and second hand dealer
for at 1 east three (3) years. These records
shall be a correct copy of its entries made of
the pawn transactions.
Daily Report to Police.
(a)
Method. Licensee must provide to the
Police Department the information
required in §8.345(1)(a-f), by
transferring it from their computer to
the APS Service provider via modem. All
required records must be transmitted
completely and accurately after the close
of business each day in accordance with
standards and procedures establ i shed by
the City using a dial-callback protocol
or other procedures that address security
concerns of the licensee and the City.
The licensee must display a sign of
sufficient size, in a conspicuous place
in the premises, which informs all
pat rons t hat all transact i ons are
reported to the Police Department daily.
(b)
Billable Transaction Fees. Licensees will
be charged for billable transactions at
the rate for the medium by which they
were reported to the Police Department
except:
( i )
If a licensee who has consistently
reported via modem, is unable to
successfully transfer the required
reports by modem, the licensee must
provide the Police Department
printed copies of all reportable
transactions along with the video
tape(s) for that date, by 12:00 Noon
t he next busi ness day and must be
charged at the modem rate for
billable transactions.
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(5 )
.
(ii) If the problem is determined to be
in the licensee's system and is not
corrected by the close of the first
business day following the failure,
the 1 i censee must provi de the
required reports as detailed in
§8.345(1) and must be charged at the
modem rate for transactions through
the close of the first business day
f 01 1 ow i n g the fa i 1 u r e , and at the
manual rat e for all subsequent
billable transactions until the
error is corrected; or
(iii)
If a licensee who has consistently
reported via modem is unable to
capture, digitize or transmit the
photographs required in
§8.345(1)(g), the licensee must
immediately take all required
photographs with a still camera,
immediately develop the pictures,
cross reference the photographs to
the correct transaction, and deliver
them tot he Po 1 i ce Department by
12: 00 Noon t he next busi ness day.
Billable transactions will be
charged at the modem rate for
transactions through the close of
the first business day following the
failure, and at the manual rate for
all subsequent billable transactions
until the error is corrected.
Police Order to Hold Property.
(a)
Investigative Hold. Whenever a law
enforcement official from any agency
notifies a pawnbroker, precious metal
dealer or secondhand dealer not to sell
an item, the item must not be sold or
removed from the premises. The
investigative hold shall be confirmed in
writing by the originating agency within
seventy-two (72) hours and will remain in
effect for fifteen (15) days from the
date of initial notification, or until
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(b)
(c)
.
.
the investigative order is canceled, or
until an order to hold/confiscate is
issued, pursuant to §8.345(5)(b) of this
Code, whichever comes first.
Order to Hold. Whenever the Chief of
Police, or the Chief's designee, notifies
a pawnbroker, precious metal dealer or
secondhand dealer not to sell an item,
the item must not be sold or removed from
the licensed premises until authorized to
be released by the Chief or the Chief's
designee. The order to hold shall expire
ninety (90) days from the date it is
placed unless the Chief of Police or the
Chief's designee determines the hold is
still necessary and notifies the licensee
in writing.
Order to Confiscate. If an item is
identified as stolen or evidence in a
criminal case, the Chief or Chief's
designee may:
( i )
Physically confiscate and remove it
from the licensed premises, pursuant
to a written order from the Chief or
the Chief's designee, or
(ii) Place the item on hold or extend the
hold as provided in §8.345(5)(b) of
this Code, and leave it at the
licensed premises.
When an item is confiscated, the person
doing so shall provide identification
upon request of the pawnbroker, precious
metal dealer or secondhand dealer, and
sha 11 p rov i de the 1 i censee t he name and
phone number of the confiscating agency
and i nvest i gat or, and t he case numbe r
related to the confiscation.
When an order to hold/confiscate is no
longer necessary, the Chief of Police or
the Chief's designee shall so notify the
licensee.
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(6 )
.
.
Redemption Period for Pawned Goods. Any
person pledging, pawning or depositing an item
for security must have a minimum of ninety
(90) days from the date of that transaction to
redeem the item before it may be forfeited and
sold. During the ninety (90) day holding
period, items may not be removed from the
1 i censed 1 ocat i on except as provi dedi n
§8.345(19) of this Code. Licensees are
prohibited from redeeming any item to anyone
other than the person to whom the receipt was
issued or, to any person identified in a
written and notarized authorization to redeem
the property identified in the receipt, or to
a person identified in writing by the pledgor
at the time of the initial transaction and
signed by the pledgor. Written authorization
for release of property to persons other than
the original pledgor must be maintained along
with the original transaction record in
accordance with §8.345(1) of this Code.
(a)
A pledgor shall have no obligation to
redeem pledged goods or make any payment
on a pawn transaction. Pledged goods not
redeemed within at least ninety (90) days
of the dat e of t he pawn, transact i on,
renewal, or extension shall automatically
be forfeited to the pawnbroker, and
qualified right, title, and interest in
and to the goods shall automatically vest
in the pawnbroker, precious metal dealer
or second hand dealer.
(b)
The licensee's right, title, and interest
in the pledged goods under (a) is
qualified only by the pledgor's right,
while the pledged goods remain in
possession of the pawnbroker, precious
met a 1 dealer or second hand dea 1 er and
not sold to a third party, to redeem the
goods by paying the loan plus fees and/or
interest accrued up to the date of
redemption.
(c)
A pawn transaction that involves holding
only the title to property is subject to
Minn. Stat. Chapter 168A or 336.
18
.
(7 )
(8)
.
(9)
Holding Period for Sold Goods. Any item sold
to a pawnbroker, precious metal dealer or
second hand dealer for which a report to the
police is required shall not be sold or
otherwise transferred for thirty (30)
days after the date of the transaction.
However, an individual may redeem an item
seventy-two (72) hours after the item was
recei ved on depos it by the pawnbroke r J
precious metal dealer or second hand dealer
excluding Sundays and legal holidays.
Receipt. The pawnbroker, precious metal dealer
or second hand dealer shall provide a receipt
to the seller or pledgor of any item of
property received, sold or owned which shall
include:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
The name, address, and phone number of
the pawnbroker business;
The date on which the item was received
by the pawnbroker;
A description of the item received and
amount paid to the pledgor or seller in
exchange for the item pawned or sold;
The signature of the pawnbroker agent;
The last regular business day by which
the item must be redeemed by the pledgor
without risk that the item wi 11 be sold
and the amount necessary to redeem the
pawned item on that date;
The annual rate of i nterest charged on
pawned items received; and
The name and address of the se 11 e r or
pledgor.
Hours of Operation. No pawnbroker, precious
metal dealer or second hand dealer shall keep
the pawnbroker, precious metal or second hand
business open for the transaction of business
on any day of t he week before 7: 00 a. m. or
after 10:00 p.m.
(10) Minors. The pawnbroker, precious metal dealer
or second hand dealer shall not purchase or
receive personal property of any nature or
deposit or pledge from any minor.
.
19
.
(11) Inspection of Items. The pawnbroker, precious
metal dealer or second hand dealer shall, at
all time s d u r i n g the term 0 f the 1 i c ens e ,
allow the City to enter the premises where the
pawnbroker is located, for the purpose of
inspecting such premises and inspecting the
items, ware, and merchandise therein for the
purpose of locating items suspected or alleged
to have been stolen or otherwise improperly
disposed.
(12) License Display. A license issued under this
Section must be posted in a conspicuous place
in the premises for which it is used.
(13) Maintenance of Order. A licensee under this
Sect ion sha 11 be responsi b 1 e for t he conduct
of the business being operated and shall
maintain conditions of order.
.
(14) Gambling. No licensee under this Section may
operate or permit the operation on the
licensed premises of dice, slot machines,
rou 1 et t e whee 1 s, punch boards, black jack
tables, or pinball machines which return coins
or slugs, chips, or tokens of any kind, which
are redeemab 1 e in merchandi se or cash. No
gambling equipment authorized under Minnesota
St at ut es, §§349A. 11-349.60, may be ope rat ed
and no raffles may be conducted on the
licensed premises and/or adjoining rooms. The
purchase of lottery tickets may take place on
the 1 i censed premi ses as aut hor i zed by the
director of the lottery pursuant to Minnesota
Statutes, §§349A.01-349A.15.
(15) Prohibited Goods. No licensee under this
Section shall accept any item of property
which contains an altered or obliterated
serial number or "Operation Identification"
number or any it em of propert y t hat has had
its serial number removed.
(16) Proper Identification. A licensee under this
Sect ion sha 11 not accept it ems of propert y
unless the seller or pledgor provides to the
pawnbroker one of the following forms of photo
identification:
.
20
.
(a)
(b)
(c)
A valid Driver's License;
A Minnesota Identification Card;
A photo identification issued
seller's state of residency and
Minnesota address.
or
by the
current
No other forms of identification shall be
accepted.
(17) Redemption Period. The date by which an item
of property that has been pawned must be
redeemed by the pledgor without risk that the
item will be sold must be a day on which the
pawnbroker is open for regular business.
.
(18) Payment. When a pawnbroker, precious metal
dealer or second hand dealer accepts an item
for purchase or as security for a loan,
payment for any article deposited, left,
pledged or pawned may be made by cash or by
check, draft or other negotiable instrument or
order of wit hd rawa 1 whi ch is drawn agai nst
funds held by a financial institution. This
policy must be posted in a conspicuous place
in the premises.
(19) Business at Only One Place. A license under
this Section authorizes the licensee to carry
on its business only at the permanent place of
business designated in the license. The City
may issue more than one license to a person if
that person complies with this section for
each 1 i cense. However, upon wr it t en request
the Chief of Police or his designee may
approve an off-site locked and secure storage
facility. The licensee shall permit
inspection of the facility in accordance with
§8.345( 11) of this Code. All provisions of
this chapter regarding record keeping and
reporting apply to the facility and its
contents. Property shall be stored in
compliance with all provisions of the City
Code. The licensee must either own the
building in which the business is conducted
and any approved off-site storage facility, or
have a 1 ease on t he bus i ness premi ses whi ch
extends for more than six (6) months.
.
21
.
8.346
.
8.347
.
(20) Restrictions on Weapons.
(a)
A pawnbroker, precious metal dealer or
second hand dealer may not receive as a
pledge or otherwise, or accept for
consignment or sale any revolver, pistol,
rifle, shotgun, or other firearm unless
said dealer also maintains a federal
firearms dealers license.
(b)
A pawnbroker, precious metal dealer or
second hand dealer may not receive as a
pledge or ot herwi se, or accept for
consignment or sale, any sawed off
shotgun, automatic rifle, black jack,
switchblade, or other similar illegal
weapons or firearms.
Restrictions Regarding License Transfer. Each
license under this Division shall be issued to the
applicant only and shall not be transferable to any
other person. No licensee shall loan, sell, give or
assign a license to another person.
Suspension or Revocation of License.
( 1 )
The City Council may suspend or revoke
license issued under this Section upon
finding of a violation of:
a
a
(a)
(b)
Any of the provisions of this Section; or
Any state statute regulating pawnbrokers,
preci ous met a 1 dea 1 ers or second hand
dealers.
Any conviction by the pawnbroker, precious
metal dealer or second hand dealer for theft,
receiving stolen property, or any other crime
or violation involving stolen property shall
result in the immediate suspension pending a
heari ng on revocat i on of any 1 i cense issued
hereunder.
(2)
Except in the case of a suspension pending a
hearing or revocation, a revocation or
suspension by the City Council shall be
preceded by written notice to the licensee and
22
.
8.348
.
.
a public hearing. The written notice shall
give at least ten (10) days' notice of the
time and place of the hearing and shall state
the nat u re of t he charges agai nst the
pawnbroker. The Council may, without any
notice, suspend any license pending a hearing
on revocation for a period not exceeding
thirty (30) days. The notice may be served
upon the pawnbroker or precious metal dealer
by the United States mail addressed to the
most recent add ress of t he busi ness i n the
license application.
( 1 )
Permitted Charges.
(2 )
(3)
(4)
Notwithstanding any other statutes, ordinance,
rule, or regulation, a pawnbroker, precious
metal dealer or second hand dealer may
contract for and receive a charge not to
exceed three (3) percent per month of the
principal amount advanced in the pawn
transaction plus a reasonable fee for storage
and services. A fee for storage and services
may not exceed twenty ($20.00) dollars if the
property is not in the possession of the
pawnbroker.
The charge allowed under paragraph (1 ) shall
be deemed earned, due, and owing as of the
dat e of t he pawn transact i on and a 1 i ke sum
shall be deemed earned, due, and owing on the
same day of the succeeding month. However, if
full payment is made more than two (2) weeks
before t he next succeedi ng mont h, the
pawnbroker, precious metal dealer or second
hand dealer shall remit one-half (1/2) of the
pawnshop charge for that month to the pledgor.
Interest shall not be deducted in advance, nor
shall any loan be divided or split so as to
yield greater interest or fees that would be
permitted upon a single, consolidated loan or
for otherwise evading any provisions of this
section.
Any interest, charge, or fees contracted for
or received, directly or indirectly, in excess
of the amount permitted under this section,
shall be uncollectible and the pawn
transaction shall be void.
23
.
8.349
.
8.350
8.351
.
(5 )
A schedule of charges permitted by this
section shall be posted on the pawnshop
premises in a place clearly visible to the
general public.
Prohibited Acts.
( 1 )
No pawnbroker, precious metal dealer or second
hand dealer licensed under this Section shall:
(a)
(b)
(c)
Lend money on a pledge at a rat e of
interest above that allowed by law;
Intentionally possess stolen goods;
Se 11 pledged goods before the t i me to
redeem has expired;
Make a loan on a pledge to a minor.
(d)
(2 )
No licensee may receive any goods, unless the
seller presents identification in the form of
a valid drivers license, a valid State of
Minnesota identification or a photo
identification issued by the seller's state of
residency and current Minnesota address.
(3)
No licensee may receive any item of property
which contains an altered or obliterated
serial number or "Operation Identification"
number or any item of property that has had
its serial number removed.
Redemption: Risk of Loss. Any person to whom the
receipt for pledged goods was issued, or any person
identified in a written and notarized authorization
to redeem the pledged goods identified in the
receipt, or any person identified in writing by the
pledgor at the time of the initial transaction and
signed by the pledgor shall be entitled to redeem
or re-purchase the pledged goods described on the
ticket. In the event the goods are lost or damaged
while in possession of the pawnbroker, precious
metal dealer or second hand dealer, the pawnbroker,
precious metal dealer or second hand dealer shall
compensat e the pledgor, i n cash or rep 1 acement
goods acceptable to the pledgor, for the fair
market value of the lost or damaged goods. Proof of
compensation shall be a defense to any prosecution
or civil action.
Severability. If any section, subsection, sentence,
clause, or phrase of this Section is for any reason
24
.
.
.
8.352
held to be invalid, such decision shall not affect
the validity of the remaining portions of this
Division.
Penalty. A violation of this Section shall
misdemeanor under Minnesota Law.
be a
Section 2. Section 14.106 "Pawn Brokers, Precious Metal
Dealer and Second Hand Dealer" of the New Hope City Code is hereby
added to read as follows:
14. 106
Pawn Brokers, Precious
Dealer License.
Metal
Dealer
and Second
Hand
( 1 )
A nonrefundable
Application Fee
$500.00
(2 )
A nonrefundable
Investigation Fee
(including Manager
investigation)
Actual Cost
of investigation
not to exceed
$10,000.00. If
investigation
solely conducted
in Mi nnesot a, the
invest igat ion fee
shall be
$500.00
(3 )
(4)
Annual License Fee
$2,500.00
Billable Transaction
Fee
(a)
(b)
APS Modem Transaction
Manual Transaction
$2.00
$3.00
Section 3. Sections 1.58 "Temporary Prohibition of Pawn Shops
or Pawn Brokering Businesses" and 1.581 "Moratorium Extension" are
hereby repealed in their entirety.
Section 4. Effective Date. This Ordinance shall be effective
upon its passage and publication.
25
.
.
.
Dated the 27th day of October,
Attest: ~~
Valerie Leone, City Clerk
19~
W. Peter Enck, Mayor
Published in the New Hope-Golden Valley Sun-Post the
November, 1997 in Summary form.
5th
26
day of
.
.
.
SUMMARY OF ORDINANCE NO. 97-2
AN ORDINANCE AMENDING CHAPTER 8
OF THE NEW HOPE CITY CODE BY
ESTABLISHING LICENSING REGULATIONS
FOR PAWNBROKERS, PRECIOUS METAL AND
SECOND HAND GOODS DEALERS
The following summary was approved by the New Hope City
Council for official publication. The intent and effect of this
ordinance is to prevent pawn shop, precious metals and second hand
goods businesses from being used as facilities for the commission
of crime, to assure that such businesses comply with basic consumer
protection standards and to protect the public health, safety and
general welfare of the citizens of New Hope. Therefore consumer
protection regulation is warranted in transactions involving
pawnbrokers, precious metal dealers and second hand dealers. To
accomplish this purpose, the ordinance implements licensing
regulations for these businesses.
The ordinance creates definitions, exempts various
transact ions from the 1 i cens i ng requ i rement s, est ab 1 i shes a 1 i cense
application process setting forth conditions of license approval
and renewal and requires licensed businesses to designate a
business manager for each licensed location. Also, the ordinance
imposes various fees payable to the City to obtain a license and
operate a business thereunder as follows: application fee,
investigation fee, license fee, billable transaction fees and bond
fee. The ordinance also imposes various general license
restrictions which include record keeping requirements and
inspection regulations, video and photographic identification of
customers and pawned merchandise, written notification to customers
regard i ng procedu res to redeem me rchand i se, dai 1 y comput e r i zed
reporting requirements for pawned merchandise to the police
department, police authority to impose investigative holds and
confiscation orders on suspected stolen merchandise, limitation on
hours of operation for the licensed business, prohibition against
transact i ng busi ness wi t h mi nors or permi t t i ng gamb 1 i ng on 1 i censed
premi ses, requ i rement s fori nspect i on of premi ses and 1 i cense
display on premises, prohibition against accepting merchandise with
altered or obliterated serial numbers or "Operation Identification"
numbers, rest ri ct ions on accept i ng or se 11 i ng firearms or ot he r
illegal weapons and prohibitions against charging usurious interest
rates, intentionally possessing stolen property and selling pledged
merchandise before expiration of the redemption period. A
violation of this ordinance is a misdemeanor offense. The
ordinance also repeals the moratorium on the establishment of pawn
shops, precious metal and second hand goods shops in the City.
.
.
.
A printed copy of the entire text of Ordinance No. 97-2 is
available for inspection at the office of the City Clerk during
regular business hours. A copy of Ordinance No. 97-2 will also be
post ed and avai 1 ab 1 e fori nspect i on at t he New Hope I ce Arena
located at 4949 Louisiana Avenue North, and at the New Hope Police
Department located at 4401 Xylon Avenue North.
This summary of Ordinance No. 97-2 was lawfully adopted and
approved by the New Hope City Council at its October 27, 1997
meeting. The City Council determined this summary clearly informs
the public of the intent and effect of this ordinance.
Dated the 27th day of October, 199~~~1f
W. Peter Enck, M yor
Attest: (/~l~
Valerie Leone, City Clerk
Pub 1 i shed i n t he New Hope-Go 1 den Vall ey Sun-Post the 5th
November , 1997.
day of
2
.
.
.
ORDINANCE NO. 97-03
AN ORDINANCE AMENDING THE NEW HOPE
ZONING CODE BY ESTABLISHING
PAWN SHOPS AS A PERMITTED USE IN
THE B-4 ZONING DISTRICT
The City Council of the City of New Hope ordains:
Section 1. Section 4.132 (49) "Pawn Shops" of the New Hope
City Code is hereby added to read as follows:
(49) Pawn Shops.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
day of
October
, 1997.
27th
#44
w. Peter Enck, Mayor
Attest: ~lLA.,Ú ~fnL
Valerie Leone, City Clerk
Published in the New Hope-Golden Valley Sun-Post the
November, 1997.)
5th
day of
.
ORDINANCE NO. 97-04
AN ORDINANCE AMENDING NEW HOPE
ZONING CODE BY ESTABLISHING REGULATIONS
FOR CONSTRUCTION AND PLACEMENT OF
TELECOMMUNICATION TOWERS AND FACILITIES
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 (3B)"Antenna", (3C)
"Antenna Support Structure", (3D) "Antenna Tower", (3E) "Antenna
Tower-Temporary Mobile", (112A) "Public Structure" and (122B)
"Secondary Use" and by amending subsection (50) "Essential
Services" to read as follows:
(3B) Antenna. Any of the below described uses requiring an
antenna shall be subiect to the regulations of this Code
and more specifically §§4.032(3)(i) and 4.039D herein:
.
.ill
liil
(iii)
.
Antenna, Personal Wireless Service. A device
consisting of a metal, carbon fiber. or other
electromagneticallY conductive rods or elements on
a single supporting pole or other structure, and
used for the transmission and reception of wireless
communication radio waves including cellular,
personal communication service (PCS). enhanced
specialized mobilized radio (ESMR). paging and
similar services and including the support
structure thereof.
Antenna, Public or Commercial Radio and Television,
Broadcast Transmi t t i ng. A wi re, set of wi res.
metal or carbon fiber rod or other electromagnetic
element used to transmit public or commercial
broadcast radio, or television programming and
including the support structure thereof.
Antenna, Public Utility Microwave. A parabolic
dish or cornucopia shaped electromagnetically
reflective or conductive element used for the
transmission and/or reception of point to point UHF
or VHF radio waves in wireless telephone
commun i cat ions, and i nc 1 ud i ng t he support i ng
structure thereof.
.
iiY.l
iYl
iYil
.
Antenna, Radio and Television Receiving. A wire.
set of wires, metal or carbon fiber e1ement(sL
other than satellite dish antennas, used to receive
radio, television, or electromagnetic waves, and
including the supporting structure thereof.
Antenna. Satellite Dish. A device incorporating a
reflective surface that is solid. open mesh or bar
configured and is in the shape of a shallow dish,
cone. horn, or cornucopia. Such device is used to
transmit and/or receive radio or electromagnetic
waves between terrestrially and/or orbitallY based
uses. This definition shall include. but not be
limited to, what are commonlY referred to as
satellite earth stations, TVROs (television.
receive only) and satellite microwave antennas and
support structure thereof.
Antenna, Short-Wave Radio Transmitting and
Recei vi ng. A wi re, set of wi res or a devi ce,
consisting of a metal, carbon fiber, or other
electromagneticallY conductive element used for the
transmission and reception of radio waves used for
short-wave radio communications, and including the
supporting structure thereof.
(3C) Antenna Support Structure. Any building or other
structure other than a tower which can be used for
location of antennas.
(3D) Ant enna Tower. A se 1 f-support i ng 1 at t ice, guyed or
monopole structure constructed from grade which supports
personal wireless service antennas. The term tower shall
not include amateur radio operators' equipment, as
licensed by the FCC.
(3E) Antenna Tower-Temporary Mobile. Any mobile tower, pole
or structure located on a trailer, vehicle or temporary
platform intended primarilY for the purpose of mounting
an antenna or similar apparatus for personal wireless
service, which is commonly referred to as cellular on
wheels (COW).
(112A)
Public Structure. An edifice or building of any kind, or
any piece of work artificially built up or composed of
parts joined together in some definite manner which is
owned or rented, and operated bY a federal, state, or
local government agency.
.
2
.
.
.
(122B)
Secondary Use. A use of 1 and or of a bu i 1 di ng or a
portion thereof which is subordinate to and does not
constitute the primary use of the land or building.
(50) Essent i a 1 Servi ces. The erect ion, const ruct ion,
alteration, or maintenance bY public utilities or
mun i ci pa 1 department s of underg round or overhead
telephone, gas, electrical, communication ßteal'l'l, Of" water
or sewer transmission.L &F- distribution, ßyat efflß ,
collection, 80fflfflblRieatioR, supply or disposal systems
including poles, wires, mains. drains, sewers. pipes,
conduits. cables, fire alarm boxes, police call boxes.
traffic signals, hYdrants and other similar equipment and
accessories in connection therewith for the furnishing of
adequate service by such private or public utilities or
municipal departments. Personal wireless service and
commercial broadcasting antennas and towers shall not be
considered an essential service By J'uB1ie utilities,
fflblRieiJ'a1 Of" ot~er goverRfflcRtal ageReieß, B~t not
iRelbiaiRg bui1aings.
Section 2. Section 4.032(3)(j) "Communication Reception/
Transmission Devices" of the New Hope City Code is hereby amended
to read as follows:
(j)
Accesso ry Ant ennas. OOfflffl~R i eat i OR ncocat i oR/Tf"aRSffli 33 i OR
Devieeß. Satellite Diahc3, te1e'iißioR aR('j radie aRtcRRaß
aRe other eofflffluRieatioR traRaffliß3ioR/rceeJ'tioR acviees
are J'crfflittes aeocßßof"Y UßC3 wit~iR all zaRing aistf"iet3,
provided they ffleet thc f0110~iRg ooRaitioRs: Accessory
Antennas shall be limited to f¡.r.adio and television
receiving antennas, satellite dishes, TVROs, short-wave
dispatching antennas and amateur short-wave radio
transmitting and receiving antennas. Accessory Antennas
that are accessory to the principal use of property are
permitted accessory uses in all zoning districts provided
they meet the following conditions:
( i )
Height. The cafflffluRioatiaR aevice ~eigAt A ground
mounted accessory antenna shall not exceed twenty
(20) feet in height from ground level.
(i i)
Yards. The esfflfflblRieatioR deviee Accessory antennas
shall not be located within the required front yard
set back or si de yard set back abut t i ng a st reet ,
except for wall mounted antennas less than twenty-
four (24) inches in dimension, wall mounted to a
principal building and the setback encroachment
does not exceed two (2) feet.
3
.
(iii)
(iv)
(v)
.
(vi)
(vii)
(viii)
( i x )
.
Roof s. If veget at i on or obst ruct ions i nt erfere
with satellite signals at a location in any
allowable placement area, the 60fflfflURicatioR device
accessory antenna may be placed on the roof of any
authorized structure on the premises.
Setbacks. The height of the eofflffl~Rioat;on devise
accessory ant enna at t ached to an ant enna support
structure may exceed five (5) feet above the peak
of the roof only by conditional use permit.
CofflfflURieation devices Accessory antennas shall not
be located within five (5) feet or fflove froffl all of
any lot lines of adjoining lots ana Ghsll net Be
located or within a drainage and utility easement.
Building Permits. A building permit shall be
required for the installation of any eofflfflURieatioR
ac'tiee accessory antenna requiring a conditional
use permit. Building permit applications shall be
accompanied by a site plan and structural component
data for the eofflfflURieatioR3 aeyioe accessory
antenna, including details of anchoring. The
Building Official must approve the plans before
installation.
Lightning Protection. Each eofflfflURieatioR aeyioe
accessory antenna shall be grounded to protect
against natural lightning strikes in conformance
with the National Electrical Code as adopted by the
City of New Hope.
Electrical Code. OOffllftURieatioR ae'/iee Accessory
antenna electrical equipment and connections shall
be designed and installed in conformance with the
National Electrical Code as adopted by the City of
New Hope.
Color/Content. OofflffluRieatioR device Accessory
ant ennas shall be of a neut ra 1 co lor and any
lettering or scenes contained on said device
qualifying it as a sign shall be subject to the
regulations of Sections 3.40 through 3.485 of the
New Hope Sign Code.
Effective Date. The
shall be applicable to
traRsfflis3ioR devices
after 7 April 1988.
prior to this date
nonconforming uses.
provisions of this section
all eofflfflURioat;oR/reee~tionl
accessory antennas erected
A 11 such st ruct u res exi st i ng
sha 11 be add ressed as 1 ega 1
4
.
Sect i on 3. Sect i on 4.035 (4) .. Except ions" of t he New Hope
City Code is hereby amended by adding subsections (m) and (n) to
read as follows:
iml
inl
Personal wireless service and commercial broadcasting
antennas not exceeding twenty (20) feet above the roof of
the antenna support structure.
Antenna towers.
Section 4. Section 4.039D "Personal Wireless Service Antennas
and Towers" of the New Hope City Code is hereby added to read as
follows:
4.039D
( 1 )
.
(2)
.
Personal Wireless Service Antennas and Towers.
Purpose and Intent. The purpose of this section is to
establish predictable, balanced regulations for the
siting and screening of wireless communication equipment
in order to accommodate the growth of wireless
communication systems within the City of New Hope while
protecting the public against any adverse impacts on the
City's aesthetic resources and the public welfare.
Personal Wireless Service Antennas. Personal wireless
service antennas erected on an antenna support structure
may be allowed as a permitted secondary use in all zoning
districts by administrative permit and provided they
comply with the following standards:
.w
Un 1 ess t he ant enna/ant enna support st ruct ure and
land is under the same ownership, written
authorization for antenna erection shall be
provided bY the property owner as well as the
applicant.
lJ;ù
In commercial and industrial zoning districts, the
antenna support structure must be twenty (20) feet
in height or greater. Within residential zoning
districts, the support structure must be thirty-six
(36) feet in height or greater.
i.ç1
The antenna shall not extend beyond the height of
the antenna support structure by greater than
twenty (20) feet.
5
.
.
(3)
.
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The antenna support structure and antenna shall be
in compliance with the Minnesota State Building
Code and all other applicable federal and state
regulations and permits.
The structural design and mounting plans of the
antenna on the existing antenna support structure
shall be in compliance with manufacturer's
specifications and shall be verified and approved
by a registered professional engineer.
No adve rt i sing message
antenna.
shall
be
affixed to
the
Antennas shall not be artificiallY illuminated
unless required bY law or by the Federal Aviation
Administration (FAA) to protect the public's health
and safety.
When applicable, proposals to erect new antenna
shall be accompanied bY any required federal,
state, or local agency licenses.
Transmitting, receiving, and switching equipment
which is not self-contained shall be housed within
t he ex i st i ng ant enna support st ruct u re wheneve r
possible. Self-contained transmitting. receiving
and switching equipment shall be located at the
base of t he ant enna and screened f rom vi ew from
residential uses and public right-of-ways.
All obsolete and unused antennas shall be removed
within twelve (12) months of cessation of operation
at the site, unless an exemption is granted bY the
City Manager or designate. The removal shall be
the ioint or several responsibility of the utility
or communication provider and land owner.
Antennas shall be of a color and configuration as
to minimize adverse visual effect. Antennas
mounted to the side of an antenna support structure
shall be of a matching color in order that such
f ac i 1 it i es harmon i ze wit h the charact er and
environment of the area in which they are located.
Personal Wireless Service Antenna Towers. Personal
wireless service antennas erected on an antenna tower may
be allowed as a conditionally permitted use within
Industrial zoning districts, provided they complY with
the following standards:
6
.
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i.gl
.úU
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.
ill
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.
Unless the antenna tower and land is under the same
ownership, written authorization for antenna and
antenna tower erection shall be provided bY the
property owner as well as the applicant.
All obso 1 et e and unused ant enna t owe rs sha 11 be
removed within twelve (12) months of cessation of
operation at the site, unless an exemption is
granted by the City Manager or designate. The
removal shall be the joint and several
responsibility of the antenna tower owner and land
owne r.
All antenna towers shall be in compliance with the
Minnesota State Building Code and all other
applicable federal and state regulations and
permits.
St ruct u ra 1 des i gn and const ruct ion plans of the
ant enna towers shall be in comp 1 i ance wit h
manufacturer's specifications and shall be verified
and approved by a registered professional engineer.
When app 1 i cab 1 e, p roposa 1 s toe rect new ant enna
towers shall be accompanied by any required federal
state, or local agency licenses.
The City may authorize the use of City property for
an antenna tower in appropriately zoned districts
in accordance with the procedures of the City Code.
The City shall have no obligation whatsoever to use
City property for such purposes.
Antenna towers shall maintain a minimum setback to
the nearest property line of seventy-five (75)
percent of tower height and a minimum setback from
a building in the same lot of fifty (50) percent of
tower height. The setback requi rements may be
reduced if the applicant provides documentation by
a registered engineer that any collapse of the
tower wi 11 occur in a lesser distance under all
foreseeable circumstances. The setback
requi rement s shall not be reduced be 1 ow the
collapse area of the tower or the minimum setback
requirements of the base zoning district, whichever
is greater.
7
.
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ill
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.
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.
All antenna towers shall maintain a minimum
separation of one thousand (1,000) feet from
existing towers at the time the conditional use
permit is approved.
Maximum height of a two antenna array tower shall
be one hund red fort y-f i ve ( 145) feet. A towe r
providing for three or more antenna arrays may have
a maximum height of one hundred sixtY-five (165)
feet.
Antenna towers shall not be artificially
illuminated unless required by law or by the
Federal Aviation Administration (FAA) to protect
the public's health and safety.
No advertising message shall
antenna tower.
be
affixed to the
Antenna towers shall be painted silver or have a
galvanized finish to reduce visual impact. unless
otherwise required by federal law.
Antenna towers shall be of a color and
configuration as to minimize adverse visual effects
in order that such facilities harmonize with the
character and environment of the area in which they
are located.
A security fence eight (8) feet in height shall be
provided around the base of the antenna tower. A
locked anti-climb device shall be installed on all
towers extending twelve (12) feet above the ground.
Transmitting, receiving and switching equipment,
whether self-contained or located in a free-
standing equipment building, shall be located at
the base of the antenna tower and shall be screened
from view from residential uses and public right-
of-ways.
If a new antenna tower is to be constructed it
shall be designed to accommodate at least two (2)
antenna arrays including but not limited to other
personal wireless service companies, local, police,
fire, and ambulance companies.
The conditional use permit provisions of Section
4.21 of this Code must also be satisfied.
8
.
.
.
(4)
Commercial and Public Radio and Television Transmitting
Antennas. and Public Utility Microwave Antennas and
Re 1 at ed Ant enna Towe rs. Such ant ennas shall be
considered a conditionally permitted use within the I-1
and 1-2 Districts of the City and shall be subject to the
regulations and requirements of Section 4.21 of this
Code. Commercial and public radio and television
transmitting, public utility microwave antennas and
antenna towers shall also complY with the following
standards:
i.tl
The applicant must demonstrate bY certification of
a registered engineer that any antenna support
structure is structurallY capable of supporting the
antenna and related equipment and complies with the
Minnesota State Building Code.
iQl
Antennas located in an existing structure shall not
extend more than twenty (20) feet above the height
of the structure to which they are attached.
içl
Antennas attached to a tower shall complY with the
tower provisions set forth in Section 4.039D(3) of
this Code.
Section 5. Section 4.052 "Permitted Uses, R-1" of the New
Hope Cit y Code i s hereby amended by add i ng subsect i on (7) "Personal
Wireless Antennas" to read as follows:
( 7 )
Personal Wireless Service Antennas. Personal wireless
service antennas in conformance with §4.039D of this
Code.
Section 6. Section 4.053 "Accessory Uses R-1" of the New Hope
Cit y Code i s hereby amended by add i ng subsect ion (7) "Accessory
Antennas" to read as follows:
(7 )
Accessory Ant ennas. Accessory ant ennas in conformance
with §4.032(3)(j) of this Code.
Section 7. Section 4.103 "Permitted Accessory Uses. B-1" of
the New Hope City Code is hereby amended by adding subsections (7)
"Personal Wireless Service Antennas" and (8) "Accessory Antennas"
to read as follows:
(7 )
Personal Wireless Service Antennas. Personal wireless
service antennas in conformance with §4.039D of this
Code.
9
.
.
.
(8 )
Accessory Antennas. Accessory antennas in conformance
with §4.032(3)(j) of this Code.
Section 8. Section 4.144 "Conditional Uses" of the New Hope
City Code is hereby amended by adding subsections (14) "Personal
Wireless Service Antenna Towers" and (15) "Commercial and Public
Radio and Television Transmitting Antennas and Public Utility
Mi crowave Antennas and Re 1 ated Antenna Towers" to read as fo 11 ows:
(14) Personal Wireless Service Antenna Towers. Personal
wireless service antenna towers in conformance with
§4.039D of this Code.
(15) Commercial and Public Radio and Television Transmitting
Antennas and Public Utility Microwave Antennas and
Related Antenna Towers. Commercial and public radio and
television transmitting antennas and public utility
microwave antennas and related antenna towers in
conformance with §4.039D of this Code.
Section 10. Effective Date. This
effective upon its passage and publication.
Ordinance
sha 11
be
Dated the
14th
, 1997.
April
day of
d~~~'
W. Peter Enck, Mayor
Attest: ~ ctfru.-
Valerie Leone, City Clerk
Published in the New Hope-Golden Valley Sun-Post the 23rd
April, 1997.)
day of
10
.
.
.
ORDINANCE NO. 97-05
AN ORDINANCE AMENDING CHAPTER 14
OF THE NEW HOPE CODE INCREASING
PERMIT AND LICENSE FEES
The City Council of the City of New Hope ordains:
Section 1. Section 14.021 (2) "Plan Check and Inspection Fee
Amount" of t he New Hope Ci t Y Code is he reby amended to read as
follows:
(2 )
Plan Check and Inspection Fee Amount.
(a)
(b)
Plan checks: 65% of the building permit fee.
Inspections outside of normal business hours
(minimum charge - two hours) $25.00 $42.00 per
hour.
(c)
Reinspection fee assessed under provisions
Section 305(g) of the UBC. $25.00 $42.00 per
hour.
of
(d)
Inspections for which no fee is specifically
indicated (minimum charge - one-half hour) $25.00
42.00 pe r hou r .
Section 2. Section 14.022(1) "Minimum Fee" of the New Hope
City Code is hereby amended to read as follows:
( 1 )
Minimum Fee. In no case shall the fee charged for any
permit issued per Section 3.11 of this Code be less than
$20.00 $40.00, except for single-family houses in which
case it shall be not less than 15.00 $25.00.
Section 3. Section 14.025 "Building Moving License, Permits
and Inspection Fees" of the New Hope City Code is hereby amended to
read as follows:
14.025
Building Moving License, Permits and Inspection Fees.
Fees for the bui lding moving 1 icenses, permits and
inspections required by Subsections 3.113 and 3.241 are
as follows:
( 1 )
License
Housemover
annually.
Fee
Amount.
$10.00
$50.00
.
.
.
(2 )
(3 )
Building Moving Permit Fee Amounts, applicable to
any building or structure:
(a)
(b)
(c)
(d)
Holding up, raising or moving on
same lot with cost not exceeding
$100 5.G9 25.00
On same lot, each additional $100
cost or fraction thereof r.GG 25.00
Minor buildings from one location
to another on private property
or over City streets 15.00 25.00
Buildings, other than minor
from one location to another on
private property or over
City streets 65.00 75.00
(a)
Inspection and Building Fee Amounts.
(b)
Inspection of building prior to
relocation in City (per building,
per hour or fraction thereof)
50.00
Relocation of building within
City - required building permit
fee same as fee for new construction
permit
Section 4. Section 14.026(1) "Grading Permit Fee Amount" of
the New Hope City Code is hereby amended to read as follows:
( 1 )
Grading Permit Fee Amount.
(a)
(b)
(c)
(d)
50 cubic yards or less
12.00 15.00
51 to 100 cubic yards
17.00 22.00
101 to 1000 cubic yards - $17.00
$22.50 for the first 100 cubic yards,
plus $7.00 $10.50 for each additional
100 cubic yards or fraction thereof.
1001 to 10,000 cubic yards - $80.00
$117.00 for the first 1,000 cubic yards,
plus $6.00 $9.00 for each additional
1,000 cubic yards or fraction thereof.
2
.
.
.
(e)
(f)
(g)
(h)
( i )
10,001 to 100,000 cubic yards - $13~.00
$198.00 for the first 10,000 cubic yards,
plus $27.00 $40.50 for each additional
10,000 cubic yards or fraction thereof.
100,001 cubic yards or more - $377.00
$562.50 for the first 100,000 cubic yards,
plus $15.00 $22.50 for each additional
10,000 cubic yards or fraction thereof.
Inspections outside of normal
business hours, per hour
(minimum charge - two hours) 15.00 42.00
per hour
Reinspection fee assessed under
provisions of Section 305 (h) of
the UBC, each reinspection 15.00 42.00
per hour
Inspections for which no fee
is specifically indicated, per
hour (minimun charge -
one-half hour) 15.00 42.00
per hour
Section 5. Section 14.026(2) "Plan Check Fee Amounts" of the
New Hope City Code is hereby amended to read as follows:
(2 )
Plan Check Fee Amounts.
(a)
(b)
(c)
(d)
(e)
(f)
50 cubic yards or less
~ No Fee
12.00 15.00
17.00 22.50
22.00 30.00
51 to 100 cubic yards
101 to 1000 cubic yards
1001 to 10,000 cubic yards
10,001 to 100,000 cubic yards - $22.00
$30.00 for the first 10,000 cubic yards,
plus $10.00 $15.00 for each additional
10,000 cubic yards or fraction thereof.
100,001 to 200,000 cubic yards - $112.00
$165.00 for the first 200,000 cubic yards,
plus $6.00 $9.00 for each additional
10,000 cubic yards or fraction thereof.
3
.
.
.
(g)
200,001 cubic yards or more - $172.00
$255.00 for the first 200,000 cubic yards,
plus $3.00 $4.50 for each additional
10,000 cubic yards or fraction thereof.
(h)
Additional plan review required by changes,
additions or revisions to approved plans
per hour (minimum charge - efte ~ half
hour or fraction thereof 15.00 42.00
Section 6. Section 14.027(3) "Comprehensive Sign Plan Review"
of the New Hope City Code is hereby amended to read as follows:
(3 )
Comprehensive Sign Plan Review.
40.00 100.00
Section 7. Section 14.028 "Well Drilling Permit Fee" of the
New Hope City Code is hereby repealed in its entirety.
Section 8. Section 14.030 "Multiple Dwelling Registration
Fee" of the New Hope City Code is hereby amended to read as
follows:
14.030
Multiple Dwelling Registration Fee. Fee amounts for the
multiple dwelling registrations required by Subsection
3.341 are as follows:
( 1) Base Fee. Per building of 3 or more units,
annually 35.00 40.00
(2) Unit Fee. Plus charge for each unit therein,
annually ~ 4.00
Sect i on 9. Sect i on 14.031 "Hous i ng Ma i nt enance Inspect ion
Fee" of the New Hope Ci ty Code i s hereby amended to read as
follows:
14.031
Housing Maintenance Inspection Fee. Fee amounts for the
housing maintenance inspection required by Section 3.37
are as follows:
(1)
Single and Two- Family Residences,
Condominiums, and Townhouses (initial
i nspect i on and fi rst rei nspect ) $75.00 $85.00 De r
dwelling
unit
4
.
.
.
( 2 )
Multiple residences with 3 or more units
(initial inspection and first reinspect)
(a)
(b)
1st unit each building
$75.00 $85.00
$15.00
Each additional unit
(3 )
Reinspection After First Reinspect -
single family and multiple
residences $40.00 $42.00
per hour
(1 hour minimum)
Section 10. Sections 14.032 "Fire Suppression Permit Fee" and
14.033 "State Surcharges" of the New Hope City Code shall be
renumbered as Sections 14.118 and 14.032 respectively of this Code.
Section 11. Section 14.093 "Fire Extinguisher Refilling
Li cense Fee" of t he New Hope Cit y Code i s he reby amended to read as
follows:
14.093
Fire Extinguisher Refilling License Fee. The fee amount
for a fire extinguisher filling license as required by
Subsect i on 8.155 i s $20. 00 $40.00 annua 11 y for each
person on whose behalf a license is sought.
Section 12. Section 14.094 "Trailer and Truck Rental License
Fee" of the New Hope City Code i s hereby amended to read as
follows:
14.094
Trailer and Truck Rental License Fee. The fee amount for
a t ra i 1 e rand truck 1 i cense as requi red by Subsect ion
8.164 is $15.00 $40.00 for each separate place of
business, annually.
Section 13. Section 14.095 "Non-Owned Vehicle Storage License
Fee" of t he New Hope C it Y Code is he reby amended to read as
follows:
14.095
Non-Owned Vehicle Storage License Fee. The fee amount
for non-owned vehi c 1 e st orage 1 i cense as requi red by
Subsection 8.164 is $15.00 $40.00 for each separate place
of business, annually.
5
.
.
.
Section 14. Section 14.100 "Lodging Establishment Fees" of
the New Hope City Code is hereby amended to read as follows:
1 4. 100
Lodging Establishment Fees. Fee amounts for lodging
est ab 1 i shment s as requi red by Sub sect i on 8.254 are as
follows:
( 1) 1 - 18 sleeping rooms 10.00 25.00
(2) 19 - 35 sleeping rooms 25.00 50.00
(3) 36 - 100 sleeping rooms 40.00 75.00
(4) Over 100 sleeping rooms 55.00 100.00
Sect i on 15. Sect ion 14.113 ( 1) "Fee Amount" of t he New Hope
City Code is hereby amended to read as follows:
(1)
Fee Amount. $35.00 $50.00 plus $5.00 per $500.00
valuation of proposed system or fractional part
thereof, in excess of $1,000.00.
Section 16. Section 14.117 "Fire Control Costs" of the New
Hope City Code is hereby amended to read as follows:
14.117
Fire Control Costs. The fee for fire control costs
applicable to non-residents or non-taxpayers as required
by Subsection 9.095 or persons issued open burning
permits required bY Subsection 9.093 of this Code is the
full amount of expenses incurred by City.
Section 17. Section 9.093 "Permits for Certain Open Burning"
of the New Hope City Code is hereby amended by adding subsection
9.093(2)(c) "Fire Control Costs" to read as follows:
(c)
Fi re Cont ro 1 Cost s. Every res i dent or non-resi dent
person, firm or corporation issued an open burning permit
for e it her rec reat i ona 1 PU rposes or t hawi ng frozen ground
shall be liable for all fire fighting costs incurred by
the City as a result of any fire started pursuant to said
permit in accordance with the same procedures as set out
in Section 9.05 of this Code.
6
.
.
.
Section 18. Section 14.501 "Sewer Building Permit Fees" of
the New Hope City Code is hereby amended to read as follows:
14.501
Sewer Building Permit Fees. Fee amounts for +fl-e. all
sewer building permits required by Subsection 5.032 of
this Code are as follo'.V3 $85.00, in addition to any
connect i on charges prescr i bed elsewhere i nth is chapt er7-!...
( 1 )
(2 )
ne3idential.
nc3idcRtial building
35.00
Cofflfflercial ana Inåu3trial.
aRe indu3trial Building
Cofflfflcrcial
50.00
(3 )
Rcpair or Alteration. neßair or
altcration of exi3tiRg sewage disßo3al
3Y3tcffl, for eaeA $500 cost or fraction
thereof
5.00
(4)
MinifflUffl rce. Miniffluffl rcßair or
alteration fcc
25.00
Section 19. Section 14.508 "Water Connection Permit Fees" of
the New Hope City Code is hereby amended to read as follows:
14.508
Water Connection Permit Fees. Fee amounts for +fl-e. ~
water connection permits required by Subsection 5.032 of
this Code are a3 follow3 $85.00, in addition to any
connect i on charges presc r i bed e 1 sewhe re in t hi s chapt er7-!...
(1)
( 2 )
ne3idcntial.
25.00
Coffiffleroial/Indu3trial.
40.00
Section 20. Effective Date. This
effective upon its passage and publication.
Ordinance
shall
be
Dated the
13th
day of
January , 1997.
ø,¿dD
~ W. Peter Enck, Mayor
Attest: ~ct1¿~
Valerie Leone, City Clerk
Published in the New Hope-Golden Valley Sun-Post the
January, 1997.)
22nd
day of
7
.
.
.
ORDINANCE NO. 97-06
AN ORDINANCE AMENDING CHAPTER 2
OF THE NEW HOPE CODE TO PERMIT THE
APPOINTMENT OF NON-RESIDENTS TO THE PLANNING,
HUMAN RIGHTS, TRAFFIC CONTROL AND SAFETY,
CITIZENS ADVISORY AND CHEMICAL HEALTH
AWARENESS COMMISSIONS
The City Council of the City of New Hope ordains:
Section 1. Section 2.13 "Planning Commission" of the New Hope
City Code is hereby amended by repealing in its entirety subsection
2.132(4) "Residency Requirement".
Section 2. Section 2.25 "Human Rights Commission" of the New
Hope Ci t Y Code is he reby amended by repea 1 i ng in i t senti ret y
subsection 2.257(c) "Residence" and renumbering subsection 2.257(d)
"Resignation" as subsection 2.257(c).
Section 3. Section 2.28 "Traffic Control and Safety
Commission" of the New Hope City Code is hereby amended by
repealing in its entirety subsection 2.284(1)(c) "Residence", by
renumbering subsections 2.284(1)(d) "Appointed", (1)(e)
"Resignation" and (1)(f) "Failure to Serve" to subsections 2.284
(1)(c), (1)(d) and (1)(e) respectively, and amending subsection
2.282(1) "Number" to read as follows:
(1)
Number. The Commission shall consist of seven members
which shall include a representative designated annually
from the Planning Commission, the City Manager or his
designate, the Director of Police or his designate, the
Director of Public Works or his designate, and three
citizen3 persons to be appointed by the Council.
Section 4. Section 2.35 "New Hope Citizen Advisory
Commi ss i on" of t he New Hope Ci t Y Code i s he reby amended by
repealing in its entirety subsection 2.355(1)(c) "Residence" by
renumbering subsections 2.355(1)(d) "Resignation" and (1)(e)
"Absence" to subsections 2.355(1 )(c) and (1 )(d) respectively, and
amending subsection 2.353 "Terms of Office. Membership and
Composition" to read as follows:
2.353
Terms of Office. Membership and Composition. The
Commission shall consist of not less than five and not
more than fi ft een membe rs, re3 i elÐRt 3 of New lIope,
appointed by a majority of the Council, who shall serve
without compensation at the pleasure of the Council. The
.
.
.
terms of office shall be from January 1 to December 31,
of each year, or until each individual successor has been
appointed. The chairperson of the Commission shall be
appointed by the City Counci 1. The Commission, at its
initial meeting, and each year thereafter, shall choose
a vi ce chai rpe rson, and a sec ret ary. A quo rum shall
consist of a majority of the members then constituting
the Commi ss i on. The chairperson shall pres i de at all
meet i ngs he 1 d du r i ng t hat year. The sec ret ary sha 11
regularly keep the minutes of each meeting of the
Commission and shall also be responsible for forwarding
a copy of such minutes promptly to the City Clerk.
Section 5. Section 2.40 "New Hope Chemical Health Awareness
Commi ss i on" of t he New Hope Ci t Y Code is hereby amended by
repealing in its entirety subsection 2.405(1)(c) "Residence" by
renumbering subsections 2.405(1)(d) "Resignation", (1)(e) "Failure
to Serve" and (1)(f) "Violation of Bylaws" to subsections
2.405(1)(c), (1)(d) and (1)(e) respectively, and amending
subsection 2.403 "Membership" to read as follows:
2.403
Membe rsh i P. The New Hope Chemi ca 1 Hea 1 t h Awareness
Commission shall be composed of from 5 to 15 members to
be appoi nt ed by a maj or it y of the Counci 1 and 3Ra 11 be
Cofflpoßoa of citizcn3 of the City of ~Jew 110130. Each
appointee shall serve a two-year term, except for seven
members of the first appointees who shall be appointed
for terms expiring on December 31,1983. The other eight
shall be appointed for terms expiring on December 31,
1984, in order to provide for staggered terms. Each
member shall serve until his successor is duly appointed.
Section 6. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
day of
27th
, 1997.
;;/~
W. Peter Enck, Mayor
January
Attest: <-kj'h-'~þ1¿
Valerie Leone, City Clerk
Published in the New Hope-Golden Valley Sun-Post the 5th
February, 1997.)
day of
2
.
.
.
ORDINANCE NO. 97-08
AN ORDINANCE AMENDING
THE NEW HOPE SIGN CODE BY
PERMITTING THE USE OF NON-COMMERCIAL OPINION
SIGNS, AND AMENDING THE PURPOSE AND POLITICAL
SIGNAGE SECTION
The City Council of the City of New Hope ordains:
Section 1. Section 3.412 "Purpose" of the New Hope City Code
is hereby amended to read as follows:
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 ;fflr3art;al content-neutral series of
st andards, regu 1 at ions and procedu res gove rn i ng the type,
number, size, structure, location, height, lighting,
erection, use and/or display of devices, signs or symbols
serving as a visual communication media to persons
situated within or upon public right-of-ways or
properties. The provisions of this Sign Code are
intended to encourage opportunity for effective, orderly
communication by reducing confusion and hazards resulting
from unnecessary and/or indiscriminate use of
communication facilities.
The regulations set forth in this Code are necessary for
the following reasons: to preserve the residential
charact er of res i dent i a 1 nei ghborhoods: to preserve orde r
and cleanliness: to avoid the appearance of clutter; to
protect property values: to avoid litter and the growth
of weeds around s i gns: to reduce the t ra f f i c hazard
caused bY distractions to motorists and impairment of
sight lines: to ensure that the City remains an
attractive place to live and work: and to reduce
administrative burdens.
Section 2. Section 3.413 "Intent" of the New Hope City Code
is hereby repealed in its entirety.
Section 3. Section 3.435 "Political Signs" of the New Hope
City Code is hereby amended to read as follows:
3.435
Political Signs. Sffla11 §s-igns, not exceeding eight
thirty-two square feet in area, displayed on private
property, containing matter which is intended or tends to
influence directly or indirectly any voting at a primary,
.
.
.
general, municipal, special or school election, including
pictures or announcements relative to candidates or
campaign advertising. Sa;å 3;gR3 are One sign per
candidate and issue per lot permitted in addition to
other signs on private property in any zoning district.
3roviåea that In State general elections, no person
shall permit or allow any such sign to be loeatea or
fflaiRtaiRÐå OR h;3 3r8 3Ðrty ffl8rÐ thaF\ thirty one days
before publicly displayed or posted before August 1 or
4+¥e ten days after the State general election to which
the sign relates. In special elections, the durational
1 i mit shall be 90 days before and 10 days aft er the
special election to which the sign relates. Any sign
permitted by this section may be used as a non-commercial
opinion sign.
Section 4. Section 3.43 "Regulation and Permit Exceptions" of
the New Hope City Code is hereby amended by adding subsection 3.437
"Non-Commercial Opinion Signs" to read as follows:
3.437
Non-Commercial Opinion Signs. Signs, not exceeding
thirty-two 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
i 11 umi nat ed or mot ion sign may not be used in resi dent i a 1
zoning districts as a non-commercial opinion sign.
Section 5. Section 3.461(2) "7 or More Residential Dwelling
Units" of the New Hope City Code is hereby amended to read as
follows:
(2 )
7 or More Residential Dwelling Units. Where more than six
dwe 11 i ng un it es (or lot s for resi dent i a 1 deve 1 opment
purposes) are offered for sale or rental by the same
party, signs advertising such sale or rental may be
const ruct ed the refor i n any di st ri ct . There sha 11 be
permitted one sign facing each public street providing
access to the property being offered. Each such sign
shall not exceed seveRty five thirty-two square feet in
area; shall be located at least one hundred thirty feet
from any pre-existing home; and shall be removed within
one year from the date of building permit issuance, or
when less than six units remain for sale or rent,
2
.
.
.
whichever is less. Said sign shall fully comply with the
setback requirement for the zoning district in which the
property is located.
Section 6. Section 3.472(3) "Removal and Compliance" of the
New Hope City Code is hereby amended to read as follows:
(3 )
Removal and Compliance. In any district any lawful non-
conforming sign which does not comply with all of the
regulations of this Sign Code and all amendments hereto,
shall be eliminated or made to conform in accordance with
(a) and (b) below, provided, however, that signs of the
type prohibited by Subsection 3.466 (3) and signs not in
compliance with Subsections 3.341, 3.344, 3.346, 3.441.
3.444, 3.446 and 3.448 - 3.451 shall be eliminated or
brought into compliance within one year following the
adoption of this Sign Code.
(a)
Amortization Schedule. All signs made
non-conforming through the adoption of the previous
Sign Code (Section 4.67 of the New Hope Zoning
Code) in 1972 and given an amortization period of
five years through February 1, 1977, shall continue
to comply with that previously established
amortization schedule.
(b)
Amorti zat ion Schedu 1 e. All si gns (except as
provided for in (a) above) made non-conforming
through the adoption of these Code provisions, and
all amendments hereto. shall be brought into
compliance or eliminated in accordance with the
following amortization table:
Sign Cost*
$
1 - $3,000
36 months
$3,001 - $6,000
60 months
Over $6,000
84 months
* Sign cost shall be established by original bill
of sale, written appraisal from a sign
manufacturer, or copy of depreciation schedule from
federal and state tax return.
3
.
.
.
(c)
Amortization of Two or More Signs. Where more than
one non-conforming sign exists on a single property
and both are owned by the same individual, the cost
of both signs may be added together for purposes of
this amortization schedule.
Section 7. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
12th
day of
Attest: ':ifu.f.lL¡¡ 'L~
Valerie Leone, City Clerk
May
, 1997.
~~~~
W. Peter Enck, Mayor
21st
Published in the New Hope-Golden Valley Sun-Post the
May , 1997.)
day of
4
.
.
.
ORDINANCE NO. 97-09
AN ORDINANCE AMENDING
THE NEW HOPE LIQUOR CODE BY
CHANGING ALL REFERENCES TO
"NON-INTOXICATING MALT LIQUOR" TO
"3.2S MALT LIQUOR"
The City Council of the City of New Hope ordains:
Section 1. All references to "non-intoxicating malt liquor"
in the following sections of the New Hope Code are hereby replaced
by and amended to read as "3.2% malt liquor":
10.00
10.01
10.025
10.031
10.036
10.039(d)
10.052(1)
10.052(2)
10.111
10.181(1)
10.181(2)
10.181(3)
10.181(4)
10.181(5)
10.181(6)
10.530
10.561
10.563
10.564
10.78
14.12
Regu 1 at i on of t he Sa 1 e and Consumpt i on of
Intoxicating Liquors and Non-Intoxicating Malt
Liquors
Purpose.
Exclusive Liquor Store. Off Sale.
Non-Intoxicating Malt Liquor.
On Sale, Tavern.
Maximum Liquor Sales.
License.
Licensed Premises:
On Sale.
Loitering and Sale.
Procure Beer For Underage Person.
Induce Underage Person.
Age Misrepresentation.
Consumption By Underage Person.
Possession By Underage Person.
Gross Sales Certification.
Serving to and Consumption By Underage Person.
Age Misrepresentation.
Purchase By Underage Person for Another.
Sale of Intoxicating Malt Liquor.
Intoxicating and Non-Intoxicating Liquor License
Fees.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
.
.
.
Dated the
27th
day of
Attest: ~~(~
Valerie Leone, City Clerk
January
, 1997.
w. p1 ~
Published in the New Hope-Golden Valley Sun-Post the
February, 1997.)
5th
day of
2
.
.
.
ORDINANCE NO. 97-10
AN ORDINANCE AMENDING
THE NEW HOPE CITY CODE BY
ESTABLISHING THE B-4 COMMUNITY BUSINESS
DISTRICT AS LOCATIONS FOR DOG KENNEL LICENSES
UNDER CHAPTER 7
The City Council of the City of New Hope ordains:
Section 1. Section 7.041(1) Kennel License" of the New Hope
City Code is hereby amended to read as follows:
( 1 )
Kennel License. No person shall maintain or
operate any kennel without a kennel license. In no
event sha 11 kenne 1 1 i censes be i ssued un 1 ess the
property wherein the kennel is to be situated is
zoned CB CeRera.l "B-4" Community Business District
under Chapter 4.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
10th
February
day of
, 1997.
~4-l~4
W. Peter Enck, ayor
Attest: ~.lict:~
Valerie Leone, City Clerk
Pub 1 i shed in t he New Hope-Go 1 den Va 11 ey Sun-Post t he 19th
February, 1997.)
day of
.
ORDINANCE NO. 97-11
AN ORDINANCE EXTENDING THE TEMPORARY
PROHIBITION OF TRANSMISSION AND RECEPTION
FACILITIES OF RADIO COMMON CARRIERS
The City Council of the City of New Hope ordains:
Section 1. Section 1.593 "Moratorium Extension" of the New
Hope City Code is hereby amended to read as follows:
1 .593
Moratorium Extension. The temporary prohibition of
transmission and reception facilities of radio
common carriers set forth in New Hope Code §1.592
is hereby extended to March 11 June 30, 1997.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
.
Dated the 10th day of
February
, 1997.
~~
W. Peter Enck, ayor
Attest: i~kJ'LL
Valerie Leone, City Clerk
.
(Published in the New Hope-Golden Valley Sun-Post the
February, 1997.)
19th
day of
.
.
.
ORDINANCE NO. 97-12
AN ORDINANCE AMENDING CHAPTER 14
OF THE NEW HOPE CODE BY REPEALING
REBATE FOR RADON TESTING
The City Council of the City of New Hope ordains:
Section 1. Section 14.021(4) "Rebate for Radon Resistant
Construction Techniques in New Home Construction" of the New Hope
City Code is hereby repealed in its entirety.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
24th
,1997.
February
day of
w. peti~--t
Attest: '-/~C~
Valerie Leone, City Clerk
Published in the New Hope-Golden Valley Sun-Post the
MRUh , 1997.)
5th
day of
.
ORDINANCE NO. 97-14
AN ORDINANCE AMENDING SECTION 2.13
OF THE NEW HOPE CITY CODE ESTABLISHING
THE NEW HOPE PLANNING COMMISSION
The City Council of the City of New Hope ordains:
Section 1. Section 2.132(1) "Number" of the New Hope City
Code is hereby added to read as follows:
( 1 )
Number. The Planning Commission may consist of up to ten
members appointed by the Council. Before taking office,
every appointed member shall befope eRtepiRg U~OR the
åiseharge of his dl:.ltiÐ!3, take an oath that he will to
faithfully perform commission member åi30harge the duties
of h;!3 office.
.
Section 2. Section 2.132(3) "Councilman May be Tenth Member"
of the New Hope City Code is hereby amended to read as follows:
(3 )
OouRoilfflaR Councilmember May Be Tenth Member. The
Council may appoint a member of the Council to serve on
the Planning Commission who shall serve a term expiring
on the first business day of January in the year
following the year appointed.
Section 3. Section 2.134 "Organization" of the New Hope City
Code is hereby amended to read as follows:
2 . 1 34
Organization. The Planning Commission shall elect aRe of
its fflefflber3 a3 yearly a ohairfflaR chairperson, ORe as vice
ehairfflaR chairperson, and BRother as se6petapy a third
officer from its membership. -e~ach of WhOffl officer shall
hold office until DeoÐfflBer 31!3t, follewiRg the;p e1eotioR
a successor is elected at the first duly called meeting
in the succeeding year.
Sect ion 4. Sect i on 2.135 "Meet i ngs" of t he New Hope Ci t Y Code
is hereby amended to read as follows:
.
.
.
.
Meetings. The regular monthly Planning Commission 3hall
hale one reg~lar meeting eaeh fflORth shall be on such day
and at 3~eh time as est ab 1 i shed by the Counc i 1 . Any
regular monthly Planning Commission meeting may be
canceled for lack of pending planning case applications,
zoning, platting, land development or ordinance issues.
Speci a 1 meet i ngs shall be ca 11 ed by the ahai rlftaR ~"OR hi 3
re~ue~t Chairperson not ~ sooner than +we three days
aft e r recei pt by the ahai rfflaR 0 r See ret ary Cha i rpe rson of
a written request for a special meeting signed by three
or more members of the Planning Commission. Special
meetings shall require +we three days written notice to
each member and further require compliance with all other
notice provisions of Minn. Stat. §471.705(1)(bL Ne
fflceting ~hall l3e he1a auriRg the fflORth of J~ly unle33
sallea as a ~~eeial ffleÐti~g aeeoreling to the I3rooeelure of
tAis 3eetion.
2.135
Section 5. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
14th
day of
Attest:
April
, 1997.
~~4
W. Peter Enck, or
Published in the New Hope-Golden Valley Sun-Post the 23rd
April , 1997.)
day of
2
.
.
.
ORDINANCE NO. 97-15
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 (90) "Bluff", (9E)
"Bluff Impact Zone", (12A) "Building Line", (23A) "Commercial Use",
(24C) "Commissioner", (33A) "Deck", (71A) "Hardship", (74B)
"Industrial Use", (74C) "Intensive Vegetation Clearing", (103A)
"Ordinary High Water Level", (112A) "Public Waters", (122B)
"Semipublic 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" 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
shoreland area;
the
feature
is
located
in
a
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.
(9E) Bluff Impact Zone. A bluff and land located within
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)
(33A)
(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
1 andscape, common 1 y t hat poi nt where the nat u ra 1
veget at i on changes from p redomi nant 1 y aquat i c to
predominantly terrestrial. For watercourses, the ordinary
high water level is the elevation of the top of the bank
of the channel. For reservoi rs and flowages, the ordinary
high water level is the operating elevation of the normal
summer pool.
2
.
( 11 2A )
(122B)
(122C)
(124B)
(125F)
.
(128C)
(1280)
(132A)
.
Publ ic Waters. Any waters as
§103G.005, Subd. 15 and 15a.
defined
Stat.
in Minn.
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 Management. 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
count y soi 1 su rveys or ot he r t echn i ca 1 report s, un 1 ess
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 Accessory Structure or Facility. A small,
above ground building or other improvement, except
stairways, fences, docks, and retaining walls, which
because of the relationship of its use to a surface water
feature, reasonably needs to be located closer to public
wat e rs than t he norma 1 st ruct u re set back. Examp 1 es of
such structures and facilities include gazebos, screen
houses, pump houses, and detached decks.
3
.
.
.
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
building-L ftft& street e-F- lot line, shoreline or bluff.
The setback distance is measured at ground level from the
lot line, lake ordinary high water level, top of bluff,
or st reet r i ght -of-way, to a poi nt on the ground di rect 1 y
under the most outwardly extended portion of the side of
the structure nearest the lot 1 ine. lake ordinary high
water level, top of bluff or street right-of-way.
Section 3. Section 4.16 "Shoreland Permit Overlay District
1m:l" of the New Hope City Code is hereby added to read as follows:
4.161
4.16 SHORELAND PERMIT OVERLAY DISTRICT (SP)
Policy and Application.
(2 )
(3 )
(4)
( 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.
Statutory Authorization. These shoreland regulations are
adopted pursuant to the authorization and policies
contained in Minn. Stat. Chapter 103G, Minnesota
Regulations, Parts 6120.2500 6120.3900, and the
planning and zoning enabling legislation in Minn. Stat.
Chapter 462.
Jurisdiction. The provisions of this Code shall apply to
shorelands of the public water bodies as classified in
Section 4.167 of this Code. A body of water created by
a private user where there was no previous shoreland may,
at the discretion of the governing body, be exempt from
this Code.
Compliance. The use of any shoreland of public waters;
the size and shape of lots; the use, size, type and
location of structures on lots; the grading and filling
of any shore 1 and area; and t he cut t i ng of shore 1 and
vegetation shall be in full compliance with the terms of
this Code and other applicable regulations.
4
.
.
.
4.162
4.163
(5 )
(6 )
( 1 )
(2 )
District Application. The "Sp" Shoreland 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" Shoreland Permit Overlay District shall be in
addition to those established by the base zoning district
which jointly apply. Under joint application of the
districts, the more restrictive requirements shall apply.
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.
Shoreland Classification System.
Public Waters. The public waters of New Hope have been
classified below consistent with the criteria found in
Minnesota Regulations, 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.
(3) . Lakes.
General Development Lakes
Northwood Lake
Meadow Lake
(4) Rivers and Streams.
( 1 )
Protected Waters
Inventory 1.D. #
27 - 627P
27 - 57P
Tributary Streams
Bass Creek
Bassett Creek - North Branch
Administration.
Shoreland Permit Required. A permit is required for the
construction of buildings or building additions (and
5
.
(2 )
(3 )
.
(4)
.
including such related activities as construction of
decks and signs), and those grading and filling
activities not exempted by this Code that occur within
the Shore 1 and 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
i nc 1 ude t he necessary i nformat i on so that the Zoni ng
Administrator can determine the site's suitability for
the intended use.
Certificate of Zoning 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
with 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 vari ance i s approved aft er t he Department of
Natural Resources has formally recommended denial in the
heari ng record, t he noti f i cat i on of t he approved vari ance
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
conc 1 us i ons wh i ch support ed the issuance of the vari ance.
Conditional Use Permit. Conditional Use Permits may only
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
const ruct i on.
(b)
The visibility of structures and other facilities
as viewed from public waters is limited.
6
.
.
.
4.164
4.165
(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 Hearings. Copies of all notices of any
public hearings to consider variances, amendments,
or conditional uses under local shore1and
management controls must be sent to the
commissioner or the commissioner's designated
represent at i ve and postmarked at 1 east t en days
before t he hear i ngs. Not i ces of heari ngs 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
represent at i ve and postmarked wi t hi n t en days of
final action.
Land Use District Descriptions.
( 1 )
Allowed Uses. Allowed land uses within 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
requirements are as follows:
( 1) Residential:
Area
Per Unit Wi dt h
Single 9,500 s.f. 75 feet
Duplex 7,000 s. t. 75 feet
Townhouse 5,000 s. f. 80 feet
Multiple Family 3,000 s.t.* 100 feet
Elderly Housing
and/or Physically
Handicapped 1 , 000 s. f. 100 feet
*4,000 square feet in an R-3 District
7
.
.
.
4.166
(2 )
(1)
Commercial and
Industrial:
Area
Per Unit
10,000 s.f.
10,500 s.f.
15,000 s.f.
43,560 s. f.
43,560 s.f.
43,560 s.f.
Width
80 feet
80 feet
100 feet
100 feet
150 feet
100 feet
Limit ed Bus i ness
Neighborhood Bus.
Residential Office
Retail Business
Limited Industrial
General Industrial
Placement. Design. and Height of Structures.
Placement of St ruct u res on Lot s. When more than one
setback applies to a site, structures and facilities must
be located to meet all setbacks. Where structures exist
on the adjoining 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 bui lding
site is not located in a shore impact zone or in a bluff
impact zone. Structures shall be located as follows:
(a)
Required Setbacks. All required rear yard, side
yard and front yard setbacks shall be met per the
underlying zoning district.
(b)
Ordinary High Water Level Setback. Structure
Setbacks (in feet) from the Ordinary High Water
Leve 1 .
Classes of
Public Waters
Structure Setbacks
General Development
Tributary
40 feet
40 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)
B 1 uf f Impact Zones. St ruct u res and accessory
facilities, except stairways and landings, must not
be placed within bluff impact zones.
8
.
(2 )
.
.
(e)
Height of Structures. Maximum allowable height for
all structures shall be as follows:
District
R-1
R-2
R-3
R-4
R-5
Building Height
2-} stories
2-} stores
3 stories
4 stories
4 stories
R-O
B-1
B-2
B-3
B-4
I-1
1-2
3
2
3
3
3
3
3
stories
stories
stories
stories
stories
stories
stories
Design Criteria for Structures.
High 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 hi ghest known wat er 1 eve 1, or two
(2) feet above the ordinary high water level,
whichever is higher.
(a)
(b)
Water-oriented Accessory Structures. Each lot may
have one water-ori ented accessory st ructure not
meeting the normal structure setback in subsection
(1) above if this water-oriented accessory
structure complies with the following provisions:
(i)
( i i )
(iii)
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 fi fty (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.
9
.
.
.
( i v)
(v)
(vi)
(vii)
The structure or facility must be treated to
reduce visibility as viewed from public waters
and adjacent shorelands by vegetation,
topography, increased setbacks or color,
assuming summer, leaf-on conditions.
The roof may be used as a deck with safety
rai 1 s but must not be enc 1 osed 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
re 1 at ed boat i ng and wat er-or i ent ed sport i ng
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 Shoreland Permit District
areas. Stairways and lifts must meet the following
design requirements:
(c)
( i )
(i 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. Landi ngs 1 arger
than thirty-two (32) square feet may be used
for commercial properties, public open-space
recreational properties, and planned unit
developments.
10
.
.
(3 )
.
(iii)
allowed
on
Canopies or roofs are not
stairways, lifts, or landings.
( i v)
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.
(vi)
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 Regulations, Chapter
1340.
(d)
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,
driveways, 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
facilities as viewed from the surface of public
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 Alteration.
veget at ion i s a 11 owed
standards:
Removal
subject
or
to
alteration of
the following
( i )
Intensive vegetation clearing within the shore
and bluff impact zones and on steep slopes is
not allowed.
11
.
.
.
( i i )
In shore and bluff impact zones and on steep
slopes, 1 i mit ed clear i ng of trees and sh rubs
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,
pi cn i c areas, access pat hs, 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)
Const ruct i on Permi t . Grad i ng and fi 11 i ng 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)
Shore1and Grading/Fi 11 ing Permit. Notwithstanding
(b) above, a shoreland grading and filling permit
will be required for:
( i )
The movement of more than ten (10) cubic yards
of material on steep slopes or within shore or
bluff impact zones; and
( i i )
The movement of more than fifty (50) cubic
yards of material outside of steep slopes and
shore and bluff impact zones.
(d)
Conditions. 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:
12
.
(i)
.
( i i )
(iii)
( i v)
(v)
.
Grading or filling in any type 2-8 wetland
must be evaluated to determine how extensively
the proposed activity would affect the
following functional qualities of the wetland
(This evaluation shall also include a
determination of whether the wetland
alteration 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.
po 11 ut ant
trapping
and
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,
critical habitat for endangered plants
and animals, or others.
Alterations must be designed and conducted in
a manner that ensures only the smallest amount
of bare ground i s exposed for t he short est
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.
13
.
.
(4)
.
(vi)
(vii)
(viii)
( i x )
(x)
(xi)
(e)
Fill or excavated material must not be placed
in a manner that creates an unstable slope.
Plans to place fill or excavated material on
st eep slopes must be rev i ewed by qua 1 i f i ed
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 t hey are accessory to permit t ed 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,
and the height of the riprap above the
ordinary high water level does not exceed
three (3) feet.
Connections to public waters. Excavations where the
intended purpose is connection to a public water,
such as boat s 1 i ps, canals, 1 agoons, and harbors,
must be controlled by local shoreland controls.
Permission for excavations may be given only after
the commi ss i oner has approved t he proposed
connection to public waters.
Stormwater Management. The followi ng general and speci fi c
standards shall apply:
(a)
General Standards.
(i)
When possible, existing natural drainageways,
wetlands, and vegetated soil surfaces must be
14
.
.
.
( i i )
(iii)
used to convey, store, filter, and retain
stormwater runoff before discharge to public
waters.
Development must be planned and conducted in a
manner that will minimize the extent of
disturbed areas, runoff velocities, erosion
pot ent i a 1 , and reduce and de 1 ay runof f
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.
When development density, topographic
features, and soil and vegetation conditions
are not sufficient to adequately handle
stormwater runoff using natural features and
veget at ion, vari ous types of const ruct ed
facilities 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.
(i)
Specific Standards.
(b)
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:
1 .
All st ructures, addit ions or expansions
shall meet setback and other requirements
of this Code.
2.
The lot shall be served with municipal
sewer and water.
3.
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.
15
.
.
( i i)
.
4.
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, desilting
basins or silt traps.
B.
Installation of debris guards and
microsilt basins on storm sewer
inlets.
c.
Use whe re pract i ca 1, oi 1 ski mmi ng
devices or sump catch basins.
D.
Direct drainage away from the lake
and i nt 0 pe rvi ous, grassed, yards
through site grading, use of gutters
and down spouts.
E.
Const ruct i on s i dewa 1 ks and d r i veways
of partially pervious raised
materials such as decking which has
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.
When constructed facilities are used for
stormwater management, documentat ion 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.
16
.
.
.
(iii)
New constructed stormwater outfall to public
waters must provide for filtering or settling
of suspended so 1 ids and ski mmi ng or surf ace
debris before discharge.
4.167
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 subjects 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 meet i ng or exceedi ng t he exi st i ng
ordinary high water level setback of the
st ruct u re.
(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
13th
day of
October , 1997.
w. pf~ t¿
Attest: ~~
Valerie Leone, City Clerk
Published in the New Hope-Golden Valley Sun-Post the
, 1997.)
Note: Ordinance will be published at later date in summary format
17
day of
.
.
.
ORDINANCE NO. 97-16
AN ORDINANCE AMENDING SECTION 2.254
OF THE NEW HOPE CITY CODE PROVIDING FOR NINE
MEMBERS ON THE HUMAN RIGHTS COMMISSION AND
PERMITTING THE APPOINTMENT OF A STUDENT COMMISSIONER
The City Council of the City of New Hope ordains:
Section 1. Section 2.254 "Membership and Terms" of the New
Hope City Code is hereby amended to read as follows:
2.254
Membership and Terms. The Commission shall consist of
seveR nine (9) members. One commissioner shall be a
student member attending an Independent School District
281 school. The members shall be appointed by a majority
vote of the Council to serve terms of two years beginning
January 1, 1996, except that the initial terms of three
members shall be for one year. The persons to receive
one year terms shall be determined by lot, unless
otherwise agreed upon by the Council and the appointees.
If a student member is appointed, the student member's
term shall be for one academic year commencing September
1st and terminating on August 31st of the following year.
The st udent commi ss i oner shall have fu 11 vot i ng
authority.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
24th
day of
March
, 1997.
~~
W. Peter Enck, Mayor
Attest: ~~
Valerie Leone, City Clerk
Published in the New Hope-Golden Valley Sun-Post the
April , 1997.)
2nd
day of
.
.
.
ORDINANCE NO. 97-17
AN ORDINANCE AMENDING THE NEW HOPE CITY CODE
REGULATING THE SALE AND PURCHASE OF
TOBACCO PRODUCTS
The City Council of the City of New Hope ordains:
Section 1. Section 1.10 "Definitions" of the New Hope City
Code i s hereby amended by addi ng subsecti on 1. 215A "Se 1 f Serv i ce
Merchandisinç(' to read as follows:
1 . 21 5A
Self Service Merchandising. "Self service
merchandising" means open display of tobacco
products where the publ ic has access without the
intervention of an employee.
Sect ion 2. Sect ion 1. 10 "Def i nit ions" of the New Hope City
Code is hereby amended by adding subsection 1.236A "Tobacco
Product" to read as fo 11 ows:
1.236A
Tobacco Product. "Tobacco product" means
cigarettes. cigars, cheroots. stogies, perique.
granulated. plug cut. crimp cut, ready rubbed and
other smoki ng tobacco. snuff. snuff flower,
cavandish. plug and twist tobacco. fine cut and
other chewing tobaccos. shorts. refuse scrips.
clippings, cuttings and sweepings of tobacco
prepared in such manner as to be su i tab 1 e for
chewing. sniffing or smoking in a pipe. rolling
paper or other tobacco related devices.
Section 3. Section 1.423 "Mandatory Notice by Means Other
Than Regular Mail" of the New Hope City Code is hereby amended by
adding subsection 1.423(4) "Civil Administrative Fines" to read as
follows:
(4)
Civi 1 Administrative Fines. Notice of a civi 1
administrative fine levied against a business
licensee or employee of said licensee.
.
.
.
Section 4. Section 8.025 "Revocation" of the New Hope City
Code is hereby amended to read as follows:
8.025
Revocat ion. The Counci 1 may revoke any 1 i cense
obtained through error or fraud, er and may
suspend, revoke or levy a civil administrative fine
for violation of any of the terms of said license,
or for violation of the provisions of the section
of this Code under which the license was granted.
Licenses may also be suspended or revoked or a
civil fine levied for conducting such license
activity in such a manner as to constitute a breach
of the peace, or a menace to the health, safety or
welfare of the public or disturbance of the peace
or comfort of the residents of the City. The
licensee shall be entitled to notice and hearing as
provided in Chapter 1 of this Code. Civi 1
administrative fines may also be levied against
employees of licensees for violation of prohibited
acts re 1 at i ng to the 1 i cense as set out i n th is
Code.
Section 5. Section 8.072 (3) "Vending Machine Location" of
the New Hope City Code is hereby amended to read as follows:
(3 )
Vending Machine Location. No person shall sell or
dispense any tobacco product through the use of a
vending machine, unless the vending machine is
electroni ca 11 y activated for such transaction by
the licensee or a person in their employ. or unless
the vending machine is in a nonpublic area with no
minor access as verified by a premises survey
conducted by the Police Department. Tobacco ffiay bc
offered for sale or Gold by or froffi a vending
fflachine or any other ffiediuffi, device, or object
designated or uGed for vending purpOGeo only at the
following locationo:
(a)
in an area within a factory, buGineGs, office,
or other place not open to the general public
or to which persona undBr 10 yearo of age are
not ~en€rally perffiitted acceoo;
(b)
in an on sale alcoholic beveragB eatablishffient
or an off Gale liquor otor€, if:
2
.
.
.
( i i )
(iii)
(c)
( i i)
( i )
the tobacco 'lend i n§ ffiach i ne i ° located
within the ifflfflcdiatc vicinity, plain
view, and control of a reBponoible
efflployee, GO that all tobacco purchaoeo
~~ill be readily obocrvable by that
Ðffip10yee;
the tobacco vending ffiachine is not
located in a coatrooffi, rCGtrooffi,
unffionitored hallway, outer waiting area,
or oiffiilar unffionitored orca; and
the tobacco vending ffiachine
inacceBoiblc to the public when
eotab1ishffient is c10Bed; and
ia
the
in other eatabliohfflento,
conditions:
upon the fo 11 md ng
( i )
it fflUst be located within the iffifflediate
'licinity, plain vie~~ and control of a
reaponoible cfflployee, so that all tobacco
purchaGeG will be readily oboervable by
that efflployec; it ffiUBt not be located in
a coatrooffi, rûGtrooffi, unffionitorcd
hallway, outer waiting area, or oiffiilar
unffionitored area; and it fflUGt be
inacceooible to the public when the
eGtabliohfflcnt iG clooed; and
it fflUBt be operable only by activation of
an electronic o~itch operated by an
effiployee of the establishffient before cach
Dale, or by inGertion of tokeno provided
by an efflployec of the establishffient
before each Gale.
Section 6. Section 8.072 "Restrictions" of the New Hope City
Code is hereby amended by adding subsections 8.072 (4) "Self
Service Merchandising" and (5) "Employee Violations" to read as
follows:
(4)
Self Service Merchandising. No person shall offer for
sale any tobacco product by means of self service
merchandising unless the display is in direct view of and
3
.
.
.
in no case more than 20 feet from the primary cashier and
meets one of the following security requirements: within
three feet of the cashier or in an enclosed case which
registers an audible alarm when opened or. in a totally
controlled separate area. or an approved electronic
security system is in place. The exception requirements
must be verified by a premises survey conducted by the
Police Department.
(5 )
Employee Violations. Every licensee shall be responsible
for the conduct of its employees while on the licensed
premises and any sale or other disposition of tobacco
products by an employee to a person under 18 years of age
shall be considered an act of the licensee for purposes
of imposing an administrative fine, license suspension or
revocation.
Section 7. Section 8.07 "Cigarette licenses" of the New Hope
City Code is hereby amended by adding subsection 8.075 "Compliance
Monitoring" to read as follows:
8.075
Compliance Monitoring. The Police Department shall
periodically perform compliance checks on all
cigarette licensees within the City. license
applicants shall be informed of this policy at the
time of license application and renewal. Violators
of these regulations will be subject to more
frequent compliance monitoring than non-violating
1 i censees. The Po 1 i ce Department shall make an
annual report to the City Council on the compliance
checks conducted pursuant to this section.
Section 8. Section 8.07 "Cigarette Licenses" of the New Hope
City Code is hereby amended by adding subsection 8.076 "Violations"
to read as follows:
8.076
Violations. In addition to being gui lty of a
misdemeanor, any person violating section 8.072 of
this Code shall be subject to the following
penalties:
i.tl
Administrative Civil Penalties: Individuals.
Any person who sells any tobacco product to a
person under the age of 18 years is subject to
an administrative penalty; and any person
under the age of 18 years who attempts to
purchase a tobacco product i s subject to an
administrative penalty. The City Council may
4
.
iJù
.
1d
LQl
.
impose administrative penalties as follows:
.lil
First Violation. The City Council may
impose a civil fine not to exceed $500.
iiil
Second Violation within 12 months. The
City Council may impose a civil fine not
to exceed $750.
(iii)
T h i r d V i 0 1 at ion wit h i n 1 2 mo nth s . The
City Council may impose a civil fine not
to exceed $1.000.
Administrative Civil Penalties: Licensee. If
a 1 i censee or an emp 1 oyee of a 1 i censee is
found to have sold tobacco to a person under
the age of 18 years. the 1 i censee sha 11 be
subject to an administrative penalty as
follows:
.lil
First Violation. The City Council may
impose a civil fine not to exceed $500
and/or license suspension for a period
not to exceed 10 days.
iiil
Second Vi 01 at ion with in 12 months. The
City Council may impose a civil fine not
to exceed $750 and/or license suspension
for a period not to exceed 20 days.
(iii)
Third Violation within
City Council may impose
to exceed $1.000
suspension for a period
days.
12 months. The
a civil fine not
and/or 1 i cense
not to exceed 30
Defense. It is a defense to the charge of
selling tobacco to a person under the age of
18 years that the licensee or individual. in
making the sale reasonably and in good faith
rel ied upon representation of proof of age
described in Minn. Stat. section 340A.503.
subdivision 6. paragraph (a).
Exemption. A person no younger than 15 and no
older than 17 may be enlisted to assist in the
tests of compliance provided that written
consent from the person's parent or guardian
has been obtained and that the person shall at
all times act only under the direct
supervision of a law enforcement officer or an
emp 1 oyee of the 1 i cens i ng department or i n
5
.
.
.
conjunction with an in-house program that has
been pre-approved by the Police Department. A
person who purchases or attempts to purchase
tobacco-related products while in this
capacity is exempt from the penalties imposed
by this section.
iJù
Revocation.
authority to
Section 8.02
provisions
violations.
The City Counc i 1 has the
revoke any license as set out in
of this Code notwithstanding the
of this section regarding
Section 9. Effective Date. This Ordinance shall be effective
upon its passage and publication for any license applications made
after the effective date. Existing license holders at the time of
the effective date shall have until November 1, 1997 to comply with
the provisions of Ordinance 97-17.
Dated the
28th
July
, 1997.
day of
~~
W. Peter Enck, ayor
Attest: ~ ¿ß"r11.
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
August ,199~. )
6th
day of
6
.
.
.
ORDINANCE NO. 97-18
AN ORDINANCE REPEALING THE TEMPORARY
PROHIBITION OF TRANSMISSION AND RECEPTION
FACILITIES OF RADIO COMMON CARRIERS
The City Council of the City of New Hope ordains:
Sect i on 1. Sect i ons 1 .59 "Temporary Proh i bit i on of
Transmission and Reception Facilities of Radio Common Carriers",
1.591 "Definitions", 1.592 "Term of Suspension" and 1.593
"Moratorium Extension" of the New Hope City Code are hereby
repealed in their entirety.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
14th
April
, 1997.
day of
~~-4
W. Peter Enck, Mayor
Attest: ~~
Valerie Leone, City Clerk
Published in the New Hope-Golden Valley Sun-Post the
April , 1 997 . )
23rd
day of
.
.
.
ORDINANCE NO. 97-19
AN ORDINANCE AMENDING THE NEW HOPE SIGN
CODE BY EXEMPTING "HOLIDAY SIGNS"
FROM PERMITTING REQUIREMENTS
The City Council of the City of New Hope ordains:
Section 1. Section 3.43 "Regulation And Permit Exceptions" of
the New Hope City Code is hereby amended by adding subsection 3.438
"Holiday Signs" to read as follows:
3.438
Holiday Signs. Signs or displays which contain or depict
a message pertaining to a religious, national, state or
local ho1 iday. .
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
12th
, 1997.
day of
May
dLd~
W. Peter Enck, Mayor
Attest: ~.l~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Post the
May , 1997.)
21st
day of
.
.
.
ORDINANCE NO. 97-20
AN ORDINANCE AMENDING NEW HOPE
CODE SECTION 4.074(4)(f) BY
REQUIRING ANNUAL REVIEW AND MONITORING
OF GROUP CARE FACILITIES BY
THE DEPARTMENT OF FIRE & SAFETY
The City Council of the City of New Hope ordains:
Section 1. Section 4.074(4) "Group Care Facility" of the New
Hope City Code is hereby amended by amending subsection (f) to read
as follows:
(f)
The operation is subject to annual review and continual
monitoring by the CHy'e lIuffla~ Ser'lÍeee OOfflfflHtee
Department of Fire & Safety -_u_- and i s found to be
in compliance with all applicable construction and
operation regulations and standards.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
9th
day of
June
, 1997.
#...~iLi4
W. Peter Enck, Mayor
Attest: <-¡/;fuJ.L(;{/pz¿
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Post the
.Tune , 1 997 . )
18th
day of
.
.
.
ORDINANCE NO. 97-21
AN ORDINANCE AMENDING THE NEW HOPE CODE
BY EXTENDING THE MORATORIUM
ON PAWN SHOPS
The City Council of the City of New Hope ordains:
Section 1. Section 1.581 "Moratorium Extension" of the New
Hope City Code is hereby amended to read as follows:
1 .581
Moratorium Extension. The temporary prohibition of
pawn shops or pawn brokering businesses set forth
in New Hope Code §1.58 is hereby extended to ~
-aG September 30, 1997.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 9th day of June, 1997.
~ /'<;//1 ~
UJ~! .
W. Peter Enck, Mayor
At t es t : 'ltLhtÚ ¿..e
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
June, 1997.)
18th
day of
.
.
.
ORDINANCE NO. 97-22
AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE
BY ESTABLISHING CONVENIENCE FOOD
ESTABLISHMENTS AS A PERMITTED USE
IN THE B-4 ZONING DISTRICT
The City Council of the City of New Hope ordains:
Section 1. Section 4.132 (42) "Restaurant" of the New Hope
City Code is hereby amended to read as follows:
(42) Restaurant and Convenience Food Establishment.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 28th day of July, 1997.
w . pf...~d
Attest: y.~~Jy¡1
Valerie Leone, C,ty Clerk
(Published in the New Hope-Golden Valley Sun-Post the
August , 1997.)
6th day of
.
.
.
ORDINANCE NO. 97-24
AN ORDINANCE AMENDING THE NEW HOPE CITY CODE
SECTION 8.07 et.al. REGULATING CIGARETTE
LICENSES AND THE RETAIL SALE
OF OTHER TOBACCO PRODUCTS
The City Council of the City of New Hope ordains:
Section 1. Section 8.07 "Cigarette Licenses"
City Code is hereby amended to read as follows:
of the New Hope
8.07 Cigarette Lioenses Tobacco and Related Products.
Section 2. Section 8.072 (3) "Vending Machine" of the New
Hope City Code is hereby amended to read as follows:
(3 )
Vending Machine. No person shall sell or dispense any
tobacco product through the use of a vend i ng mach i ne,
unlcso thc ~ending fflaohinc io clcotronioally activated
for such transaction by the licensce or a pcroon in their
cmploy, or unless the vending machine is in a nonpublic
area with no minor access as verified by a premises
survey conducted by the Police Department.
Section 3. Section 8.072 (4) "Self Service Merchandising" of
the New Hope City Code is hereby amended to read as follows:
(4)
Self Service Merchandising. No person shall offer for
sale or dispense any tobacco product by means of self
service merchandising' unlecw the display io in direct
view of and in no case morc than 20 fcet from the primary
cashier and meeto one of the following oeourity
requirements: within three feet of the cashier or in an
enclosed caGe '*~hich registero an audible alarm ~/hen
opened or, in a totally controlled oeparate area, or an
approved electronic security syoteffl io in place. The
exception requirefflento must be verified by a premioeo
survey conducted by the Police Department. This section
shall not apply to retail stores which derive at least
90% of their revenue from tobacco and tobacco-related
products and wh i ch cannot be entered at any time by
persons younger than 18 years of age. Prior to offering
.
.
.
for sale any tobacco product by self-service
merchandising a licensee must file with the City Clerk a
statement from a certified public accountant that shows
both total gross sales and total sales from tobacco or
related products. Said statement must also be filed with
the City Clerk yearly on or before the renewal date of
the license.
Section 4. Section 8.072 (6) "Federal Regulations" of the New
Hope City Code is hereby added to read as follows:
i.Ql
Federal Regulations. The Code of Federal Regulations,
title 21. part 897.16(c) is incorporated bY reference
into this Code. Notwithstanding these regulations, all
sales of tobacco products by vending machines and se1f-
service merchandising must be in compliance with sections
(3) and (4) herein if said New Hope Code sections are
inconsistent with the federal regulations.
Section 5. Section 8.075 "Compliance Monitoring" of the New
Hope City Code is hereby amended to read as follows:
8.075
Compliance Monitoring. The Police Department shall
periodioa11y ~Ðrf6rffl conduct unannounced compliance
checks 01'\ all e i garet t c 1 i Oel'\!3ÐÐ3 at 1 east once
each calendar year at each location where tobacco
products are sold within the City. Licensees and
applicants shall be informed of this policy at the
time of license application and renewal. Violators
of these regulations will be subject to more
frequent compliance monitoring than non-violating
1 i censees. The Po 1 i ce Department shall make an
annual report to the City Council on the compliance
checks conducted pursuant to this section.
Section 6. Section 8.076 (a) "Administrative Civil Penalties:
Individuals" of the New Hope City Code is hereby amended to read as
follows:
(a)
Administrative Civil Penalties: Individuals. Any person
who sells any tobacco product to a person under the age
of 18 years is subject to an administrative penalty; and
any person under the age of 18 years who attempts to
purchase a tobacco product is subject to an
2
.
.
.
administrative penalty. The City Council
administrative penalties as follows:
may
lmpose
( i )
First Violation. The City Council fflftY shall
impose a civil fine of at least $50 but not to
exceed $500.
( i i )
Second Violation within 12 fflonths. The City
Council fflftY shall impose a civil fine of at
least $75 but not to exceed $750 for a second
vi 01 at ion wi th i n 24 months of the in it i a 1
violation.
(iii)
Third Violation ~dthin 12 fflonths. The City
Counc il fflftY sha 11 impose a c i vi 1 fi ne of at
1 east $100 but not to exceed $1,000 for a
third violation within 24 months of the
initial violation.
1iYl
Hearing Required. No civil penalty shall take
effect until the individual has received
not ice served persona 11 y or by mail, of the
alleged violation and is given an opportunity
for a heari ng before a person authori zed by
the City Council to conduct the hearing. A
decision that a violation has occurred and a
civil penalty is warranted must be in writing.
In the event the individual is found to have
violated the regulations of this Code, the
cost of any hearing, including the hearing
examiner's fees and the City's reasonable
attorney's fees. shall be assessed against the
individual in addition to the civil penalty.
ß.ection 7. Section 8.076 (b) "Administrative Civi 1 Penalties:
licensee" of the New Hope City Code is hereby amended to read as
follows:
(b)
Administrative Civil Penalties: Licensee. If a licensee
or an employee of a licensee is found to have sold
tobacco to a person under the age of 18 years, the
licensee shall be subject to an administrative penalty as
follows:
( i )
First Violation. The City Council fflftY shall
impose a civil fine of at least $75 but not to
exceed $500 and~ may impose a license
suspension for a period not to exceed 10 days.
3
.
.
.
( i i )
Second Violation within 12 months. The City
Council ffta-Y shall impose a civil fine of at
least $200 but not to exceed $750 andfer may
impose a license suspension for a period not
to exceed 20 days for a second violation
within 24 months of an initial violation.
(iii)
Third Violation ~dthil'\ 12 months. The City
Council ffta-Y shall impose a civil fine of at
1 east $250 but not to exceed $1,000 andfer
shall impose a license suspension for a period
of at least 7 days but not to exceed 30 days
for a third violation within 24 months of the
initial violation.
iiYl
Hearing Required. No civil penalty shall take
effect until the licensee has received notice
served personally or by mail. of the alleged
violation and is given an opportunity for a
hearing before a person authorized by the City
Counc i 1 to conduct the hear i ng. A deci s ion
that a violation has occurred and a civil
.Qenalty is warranted must be in writing. In
the event the licensee is found to have
violated the regulations of this Code. the
cost of any hear i ng. i nc 1 ud i ng the hear i ng
examiner's fees and the City's reasonable
attorney's fees. shall be assessed against the
ljcensee in addition to the civil penalty.
Section B. Section 8.076 (d) "Exemption" of the New Hope City
Code is hereby amended to read as follows:
(d)
Exemption. A Only persons ages no younger than 15 and no
older than 17 16 or 17 years old may be enlisted to
assist in the tests of compliance provided that written
consent from the person's parent or guardian has been
obtained and that the person shall at all times act only
under the direct supervision of a law enforcement officer
or an employee of the licensing department or in
conjunction with an in-house program that has been pre-
approved by the Police Department. A person who
purchases or attempts to purchase tobacco-related
products while in this capacity is exempt from the
penalties imposed by this section.
4
.
.
.
Section 9. Section 14.085 "Cigarette Sales License Fee" of
the New Hope City Code is hereby amended to read as follows:
14.085
Cigarette Tobacco Products Sales License Fee. The fee
for a cigarette tobacco products sales license as
required in Subsection 8.071 is as follows:
( 1 )
Fee Amount.
annually.
The
fee
amount
$30.00
$200.00
1S
(2 )
Reduced Fee. If any application is made for a
license between July 1st and December 31st of any
license year, for a license to be effective during
any part of the same period, the fee shall be 1/2
of the regu 1 ar 1 i cense fee. No refund sha 11 be
made on any license fee where the license is not
used, or revoked or forfeited before the end of the
license term.
Section 10. Effective Date. Sections one through eight of
this Ordinance shall be effective upon its passage and publication
for any license applications made after the effective date.
Existing license holders at the time of the effective date shall
have until November 1, 1997 to comply with the provisions of
Ordinance 97-24. Section nine of this Ordinance shall be effective
for all licenses as of January 1, 1998.
Dated the
13th
day of
October
, 1997.
~
W. Peter Enck, Mayor
Attest: ~-¿ffy¡.R'
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
October , 199-L-.)
22nd
day of
5
.
.
.
ORDINANCE NO. 97-25
AN ORDINANCE AMENDING THE NEW HOPE CODE
BY EXTENDING THE MORATORIUM
ON PAWN SHOPS
The City Council of the City of New Hope ordains:
Section 1. Section 1.581 "Moratorium Extension" of the New
Hope City Code is hereby amended to read as follows:
1 .581
Moratorium Extension. The temporary prohibition of
pawn shops or pawn brokering businesses set forth
in New Hope Code §1.58 is hereby extended to
8eßtefflBer 30 December 31, 1997.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the
8th day of Sept ember, 1997.
W.P~
Attest: ~Lt/lft¿Ó'1¿1
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
September, 1997.)
17th
day of
.
.
.
ORDINANCE NO. 97-26
AN ORDINANCE AMENDING NEW HOPE CODE
SECTION 1.65 REGULATING PARTIAL
PAYMENTS OF SPECIAL ASSESSMENTS
The City Council of the City of New Hope ordains:
Section 1. Section 1.65 "Special Assessment Partial Payment"
of the New Hope City Code is hereby amended to read as follows:
1 .65
Speci a 1 Assessment Part i a 1 Payment. One Part i a 1
Payment-s- wi 11 be accepted and credited to any
special assessment levied against real property in
the City per Minn. Stat. Chap. 429 within 30 days
from the date the City Council adopts a resolution
approvi ng sa i d speci a 1 assessment s. The payment-s-
must be made to the City Finance Director within
this time period otherwise it will not be accepted
by the City. The remaining unpaid balance will be
certified to the County Assessor and apportioned to
the property's real estate taxes for payment per
t he co 11 ect i on procedu re set out in Mi nn. St at.
Chap. 429.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 8th day of September, 1997.
~
W. Peter Enck, Mayor
Attest:
~L
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
September, 1997.)
17th
day of
.
.
.
ORDINANCE NO. 97-27
AN ORDINANCE AMENDING THE INVESTIGATION
FEES CHARGED UNDER THE
NEW HOPE LIQUOR CODE
The City Council of the City of New Hope ordains:
Section 1. Section 14.123 "License Investigation Fee" of the
New Hope City Code is hereby amended to read as follows:
14.123
License Investigation Fee. The fee amounts for both
in it i a 1 and addi t i ona 1 1 i cense invest i gat i on§. as requi red
by Section 10.47 of this Code and Minn. Stat.
§340A.412(2) are as follows:
( 1 )
~
IRitial fee Within State - $750.00 $500.00
Additional fee fer eoffl~letieR of in¥eGtigation
$250.00
(-3Z) Outside of state - actual cost not to exceed
$10,000.00 or $500.00 whichever is greater
f-4-1-
Aaaitional in't'83tigatioR due to Ghange of
ownershi~, control, en1argefflent, altcration or
extuI3ion of the ~rÐfflisfH3 shall be the CitY'3
aetual C03t aG dctcrfflined by thc City Manager with
a ffliniffluffl fee of $500.00
Section 2. Section 10.477 "Investigation Fee" of the New Hope
City Code is hereby amended to read as follows:
10 .477
Investigation Fee. At the time of each original
app 1 i cat i on for a 1 i cense, except i n t he case of a
"Special License for Sunday Liquor Sales," and except as
provided in Subsection 10.475 of this section, the
applicant shall pay an initial investigation fee as
prescribed in Chapter 14 to Gover the eost3 of verifying
whethcr or not Guch perGon is ineligible for a 1ieense 63
provided in Seotion 10.4~. No part of this fee shall be
refundab 1 e. U~ÐR ver; f i eat ion t "'at Guoh perGon is
eligiBle, withiR 21 aaY3 of tAt; date of the applioation,
the a~ßlieant Ghall ßay an additional fec a3 prc3cribcd
in Chapter 14 for the cofflplction of t"'€ iRv63tigatioR to
dctcfffline whether or not a licen3e 3hal1 Be i33uea. If
.
.
.
i nvest i gat ion i s requ i red or deemed des i rab 1 e out si de the
State of Minnesota, the appl icant shall pay an additional
fee as prescribed in Chapter 14.
Section 3. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 13th day of October, 1997.
Attest: '1ff~,
Valerie Leone, City Clerk
~~
W. Peter Enck, Mayor
(Published in the New Hope-Golden Valley Sun-Post the
October , 1997.)
22nd
day of
.
.
.
ORDINANCE NO. 97-28
AN ORDINANCE DELETING NEW HOPE CODE
SECTIONS 8.11 THROUGH 8.117
REGARDING CHRISTMAS TREE SALES
The City Council of the City of New Hope ordains:
Section 1. The following sections of the New Hope City Code
are hereby deleted in their entirety:
8.11
CHRISTMAS TREE SALES
8.111
8.112
8.113
8.114
8.115
8.116
8.117
License Required.
Application for License.
Approval and Issuance of License.
Period of License.
Several Lots.
Fee, Waiver and Refund.
General Operating Requirements.
14.089
Christmas Tree Sales License Fee.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 13th day of October, 1997.
fÞfQ~
W. Peter Enck, Mayor
Attest: ~ll&g~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
November, 1997.)
')th
day of
.
.
.
ORDINANCE NO. 97-29
AN ORDINANCE REPEALING THE LOT COVERAGE
REQUIREMENT FOR 1-1 ZONED PROPERTY
The City Council of the City of New Hope ordains:
Section 1. Section 4.145 (1) "Lot Coverage" of the New Hope
City Code is hereby repealed in its entirety.
Section 2. Section 4.145 "Special Requirements For All
Limited Industrial Uses" of the New Hope City Code is hereby
amended by renumbering subsections (2) through (8) as follows: (1)
Lot Area; (2) Green Area; (3) Parking Lots; (4) Parking Lot
Screening; (5) Landscaping Plans; (6) Design Standards - Curb Cuts.
Section 3. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dat ed the 8th day of December, 1997.
w. pe;!~
A tt est: 'I~ ,~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Sun-Post the
December, 1997.)
17th
day of
.
Q~
~ -- ...--
AFFIDAVIT OF PUIUCATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
D 0 u Ii!. Dan c e . 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 s 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 Statue 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed
Summary of Ordinance
No.
97-2
which is att~ched was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on Wednesday .the~dayof November .1997.andwasthereafter
.nted and published on every 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:
abcdefgm,jldmnopqrstuvwsyz
BY:
t I
Pub I i~ e r
TITLE:
Acknowledged before me on this
5 day of No
,19:!L.
,^
',"",
:ì '.:
,~":""",,. ,
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
$
1.20 per line
City of New Hope
(Of
SUMMARY
AN ORDINAN
OF THE NI
ESTABLlSHIN(
FOR PAWNBROJ
SECOND J
The following SI
Hope City Council fo
effect of this ordinan
metals and second hf
as facilities for the CO]
businesses comply VI
dards and to protect
welfare of the citizer
protection regulation
ing pawnbrokers, prE
dealers, To accompli!
ments licensing regu'
The ordinance c
transactions from th,
a license application
cense' approval and
nesses to designate f
location, Also, the or.
to the City to obtain a
under as follows: app
fee, billable transacti
also imposes various
elude record keeping
tions, video and phol
and pawned merch,
tomers regarding prO!
computerized report
chandise to the polic.
pose investigative h,
pected stolen merchal
for the licensed bush
business with minor!
premises, requiremei
cense display on pre:
merchandise with alt
"Operation IdentifieR!
ing or selling firearm
bitions against chargj
ally possessing stolel
chandise before expir
olation ofthis ordinal
dinance also repeals t
of pawn. shops, preciOl
in the City,
A printed copy of
is available for inspeel
ing regular business
will also be posted an
Hope Ice Arena loca~
and at the New HolM
Xylon Avenue North,
Tnis summary 0
adopted and approve<
e October 27, 1997 me
this swnmary clearly
effect ofthis ordinanc
Dated the 27th d,
Attest: Is/Valerie Leo
(Nov, 5, 1997)
.
Q§Œ1
~ -..- ....-.
AFFIDAVIT OF PUBUCATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
D 0 U ~ Dan c e , being duly swom 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 Statue 331A.02, 331A.07, and other applicable
laws. as amended.
(B) The printed
Ordinance No. 97-03
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on we dne & day. the ~ day of No vemb e r ,19 97, and was thereafter
.rinted and published on every 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:
abcdefgbijldmnopqrBtuvwxy
BY:
TITLE:
I I
publitl"er
Acknowledged before me on this
5 day of Nov.ember
19-21-.
" ,
, -"'-'
,,-, - .,
. ' ".: ;~",
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
$
1.20 per line
City of New Hope
(Offic
Ordi:
AN ORDINANCE)
ZONING CO]
PAWNSHOPS)
TIlE 8-4 :
The City Council 01
~, Section'
Hope City Code is herel
(49) Pawn Shops,
~, Effectivi
fective upon its passagE
Dated the 21th day
Attest: \s\ Valerie Leo
(Nov, 5, 1997)
e
.
Q~
~--
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Den i s L. M i n d a k , 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 st. 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. 97-04
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for
on Wednesday
successive weeks; it was first published
A p r i I 19 97 and was thereafter
,-,
one
the ~ day of
.inted and published on every 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 I
size and kind of type used in the composition and publication of the notice:
-_ß7, ~/~
TITLE:
Publisher
Acknowledged before me on this ¡
23 day of Apr _I ,19~.
f)~1 ic; (1 ,n I{\ . ~ rLh. TYt )
~ry Public ~
RATE INFORMATION
(1) Lowest 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
(3) Rate actually charged for the above matter
$
1.20 per line
City of New....
(OJ
OR!
AN ORJ
NEW HOPE ~
Rl!:GULATlON
PLACEMENTOJI
. EJU
The City Coùnci
&man....l. See!
Hope City. Coda islu
(3B) "Anwmaf, (3C
"Antenna Tower", (:
;¡jk", (112A) .~
.L!aß" and byament
yjg:¡¡": to read as foIl
(3B) Antenna ,
ouirinl' an :
lationll of
§§4 032(3) (
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ernment a
. (122B) SecondAnI
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land or bu
(50) .~
utilities or
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t.ransmÎ88i
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terns ÎIldII
sewer pi¡
box"" ""Ii
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City of New He
(
AN ORDIN
OF
INCREAm
The City Council
SIä:tiwl.l.
snection Fee Am.
by amended to re
(2)~
(a) PIa:
(b) IÌ1s)
(m~
per
(c) Rei,
ofS
per
(d) Ins)
die;¡
..
~.'
New HopeCityC,
(1 ) MiniIw.u;
any pennit issued
~~e:J
case it shall be nc
~.
œnse Permits an
Code is hereby an
14.025 B!illdiDI:.
.Ei:œ. Fees for th.
inspections requir
follows:
( 1) lIw.JaemJ¡
annually.
(2) IlWldiD&.
to any bu
(a) Hol(
with
(b) On.1
tract
which is attached was cut from the columns of said newspaper, and was printed and published (c) Mini
on I
once each week, for 0 n e successive weeks; it was first published (d) ~
on wed n e s day the ~ day of J an u a r y ,19 97, and was thereafter g~t~
. æ~
rinted and published on every to and including (a) CIf!8p
Ity
. the - day of . 19_; and printed below is a copy of (b) ~Ioo
b 1ÌI~
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the ~.stru(
size and kind of type used in the composition and publication of the notice: =:t;o1fo~: Ne
~.~---: ~ /-~ '" ~J
tion t
(d) 1001
for tJ
saJK
fracti
(8) 1.~
am.
fa:M
cubit
(0 100,<
.U6i
plus.
cubic
(g) InsìU
houri
hours
(h) Reins
ofSec:
tion
(i) Inspe
dicatE
half!
~ <
AInIwnto" orthe N~
to read as follows: .
(2) Plan Checl
(a) 50 cui
(b) 51 to .
(c) 101 to
(d) 10011
(e) iO,OOJ
for th.
lliÆ
orfra¡
(t) 100,OC
t1W
plus.
cubic,
(g) 200,oi
~
~.
. yards .
__(blM~ti
~-~
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Denis L. Mindak
, 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 s 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 Statue 331A.O2, 331A.O7, and other applicable
laws, as amended.
(8) The printed
Ordinance No. 97-05
TITLE:
Publisher
Acknowledged before me on this
Jan ary
,19~.
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
$
1.20 per line
""I-.
The City Counci
~ Secti,
New Hope City Code
entirety subsection:
~Sectio
the New Hope City I
in its entirety subse,
bering subsection ~
2.257(c).
Section 3 Secti
Commission" of the]
ed by repealing in it
i.lli:n!;¡¡", by renumbe
!lli",(I)(e)"~
sections 2.284(1)(c)
amending subsectiOl
(1).!::I.Yn.!!1ill. Th,
members who
ignated anm
the City Mao
Police or his c
or his design~
pointed by th
~ Secti.
Commission" of the I
ed by repealing in it.
i.lli:n!;¡¡" by renumbel
1iwl" and (1)(e) "AJ¡¡
(l)(d) respectively, al
ofOmce Membershi
2.353 Terms of om .
Commission,
not more tha
Wøpe-, appoin
shall seNe w
of the Council
uary 1 to De<
individual s
chairperson,
by the City C
meeting, and
vice chairper:
consist of a 0
tuting the Co
side at all me
retary shall
meeting of tI
size and kind of type used in the composition and publication of the notice: sponsibtlletfort
c4 sJ:'! ~io
_"moo~_~ / &~ Awarenes.. com, mis"
' ~ hereby amended by
~ . 2.405(1)(c) "RJW.d.!¡
BY: 2.405(1)(d) "~
(1)(1) "Violation of Bv
and (1)(e) respectivI
"MembershiD" to rea,
2.403 Membership
Awareness C,
5 to 15 meml
the Council It<
~i'} .nr.
two-year ten
first appointE
expiring on I
shall be appol
31, 1984, in ,
Each membm
appointed.
~ Effect;
fective upon its pass!
Dated this 27th,
.
Q~
a.r.a-c - -
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Denis L. Mindak
, 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 - Po s 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 Statue 331A.O2, 331A.O7, and other applicable
laws, as amended.
(B) The printed
Ordinance
No.
97-06
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on Wednesday the-2....dayof February .1997.andwasthereafter
.nted and published on every 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
TITLE:
Publisher
Admowledged before me on fh~ ,
5 day of Febru ry ,19~.
~. 4~'
0 Jo l'L ! ) '. '- \ ~..J
Not ry Public
;".J.:',
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
a for comparable space
'~) 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
$
1.20 per line
City of New Hopt
(01
ORJ
AN ORDINAlI
OF THE NEW]
APPOINTMEN1
PLANN
TRAFFIC
CITIZENS AnVI!
AWARI
Attest: Valerie Lt
(Feb. 5,
.
STATE OF MINNESOTA)
55.
Q~
ano-c ..- ..-
AFFIDAVIT OF PUBLICATION
COUNTY OF HENNEPIN)
Den i 5 L. M i n d a k . 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
5 u n - P 0 5 t . and has full knowledge of the facts
which are stated below.
City of New Hope
(Off
ORD
AN ORDIN
NEWH
PERMI
NON-COMMER
AMENDING TIÐ
8m
The City Council oftt
~. SectiOl
City Code is hereby It
3.412 ~. Thi
and promote
order within
tablishment
content-nent
and procedw
structure, 101
and/or displa
as a visual C(
ated within c
erties. The
tended to en,
derly comml
hazards reau
criminate us
The ,."vulati,
ssrv for the I
idential char
prp1!erve ord,
the 2TOWth c
traffic haZ8l1
and immnm
Citv remailll
and to cOOue
~. SectiOl1
Code is hereby repeaJ
~. Sectiol
Hope City code is her
3.435 Political Sil!!
~8I
which is attached was cut from the columns of said newspaper, and was printed and published vate proper ;
ed or tends t
once each week, for 0 n e successive weeks; it was first published ~~~~ ~t~l:
on We dn e 5 day the ~ day of Ma y ,19 97. and was thereafter ti~: ~~~~
issue per lot
Jllii.ted and published on every . to a~d including E;~
. , the - day of , 19~ and prInted below IS a copy of IBIlÎR'IIÎRslI
lIa,s Þ.!i-ln'
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: ~~dal0~~
abcdefghijldmnopqrstuvwxyz ~ -/~ Secti::'na:.c
BY ~~ ." // ~.;,O;~~
. ~ - ~ to read as follows:
3.437 Non-Comm.
TITLE: Pub lis he,. ceedi~2 thir
on onvate 01
exnrp1!ses 81
advertise 01
One aifm 1M'
. triøt...Ào1IIeVJ
notbeuaedi
T.ommercial
~. Secti
Dwellin2 Units' of 1
amended to read as t
(2) 7 or More
more than !
tial develoPI
rental by tIJ
sale or ren~
district. Th.
each public
ty being am
88 8R" Ii !
be located I
any pre-exi!
in one' year
suánce, or \I
or rent, wh
comply wit!
ing district
~. Sectio
of the New Hope Ci
follows:
(3) Removal 811
ful non-con
with all of
all amendI
made to co
below, pray
prohibited 1
compliance
3441344-
inated orbl
following t1
(a) AiwW
confol
(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
O,.dinance No.
97-08
Acknowledged before me on this
21 day of Ma
'<"::'j ~
'...,'c,. . )J'""-",*;:,,~,,,),:;
19~.
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
$
1.20 per line
.
Q~
~-.-
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Denis L. Mindak
, 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 - Po s 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 Statue 331A.O2, 331A.O7, and other applicable
laws, as amended.
(8) The printed
Ordinance No. 97-09
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on IN e d n e s day the ---2- day of Fe b r u a r y , 19 97 , and was thereafter
.¡nted and published on every 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:
~'~~-7 &/~
TITLE:
Publisher
Acknowledged before me on this
5 day of Feb
, 19B-.
RATE INFORMATION
~) 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
$
1.20 per line
City of New He
(
ANe
THE NE
CHANe
"NON-INT(
"
The City COUI
Section I Al
liquor" by and am
10.00 fu.¡
Intoxicatinp' Liqll(
10.01 Pc
10.025 .F£
10.031 .&
10036 Qr
1O.0:J9(d) .M¡
1O.052(]) .LiI
10.052(2) Lie
10.111 Q¡¡
1O.181(]) L2i
10.181(2) Pre
10.181(3) In.d
10.181(4) A¡:¡
10.181(5) Cor
10.181(6) &
10.530 ili:!;
10.561 See
fu
1O.5G3 ~
1O.5G4 &
m:.
10.78 &1J
14.12 Inte
Lice
~ EtTec
fective upon its pas<
Dated the 27th
Attest: Valeri';]:
(Feb. 5
.
0.. MINNESOTA
SUN
FUEl.JCA11ONS
City of New No
(
0
AN<J
THEN
I
B-4 COD
AS LOCA'J;'IOI'
1
~_...-
AFFIDAVIT OF PUBLICATION
The City COUI
. BWi!m.l. Sect
Hope City Code is
(1) Kennel Lie
ate any keJ:
. shall kennl
wherein tb
~:Ð
. Chapter 4.
~.Effi
fective upon its pH
Dated the 10tJ
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Den i s L. M in d a k , 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 - Po s t , and has full knowledge of the facts
which are stated below.
Attest:
IslVall
(Feb.
(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. 97-~0
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on wed n e s day the.!.L day of Fe b r u a r y ,19 97 , and was thereafter
.rinted and published on every 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:
abcdefghijklmnopqrstuvwxyz
(~/~~
BY:
TITLE:
Publisher
Acknowledged before me on this
~9 Febr ary
,19R.
,".C'
.'
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
. for comparable space
. '\i (2) Maximum rate allowed by law for the above matter
$
2.55 per line
$
6.20 per line
$
1.20 per line
.
0.. MII'I\IESOTA
SUN
PlØ...ICA'T1QII.IS
City of New MOl
(4
01
AN ORD
TEMP(
TRANSII
FAC~S (
~--
The City Coun
~. Sect
New Hope City Co
1.593.Mw:at.w:
tion of t
radio co
Code §l
~,
~.Em
fective upon its pa
Dated the lOtI
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Denis L. Mindak
, being duly sworn on an oath says that he/she is
Attest:
Is! ValE
{Feb.
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun - Po s 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 Statue 331A.O2, 331A.O7, and other applicable
laws, as amended.
(B) The printed
Ordinance No. 97-11
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on Wed n e s day the ..11.... day of Fe b r u a r y ,19 97, and was thereafter
.¡nted and published on every 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:
....~~m_n':: (~ / ~
TITLE:
Publisher
Acknowledged before me on this
19 day of , 19--2.1.....
~ ;~~ . I . q " JL cJu ~ ,
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 .20 per line
.
Q~
City of New Ho~
«
01
AN ORDINAJ
OF THE NE\1
REBAT
.---
The City Coun
SeI:1i!m..l. Sect
tant Construction'
of the New Hope (
tirety.
~ EfTe
fective upon its pw
Dated thE! 24th
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
Attest:
COUNTY OF HENNEPIN)
Den i s L . M i n d a k , 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 - Po s t , and has full knowledge of the facts
which are stated below.
Is! Valerie Leor
(Mar
(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. 97-~2
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on We dne s day the ~ day of Ma rc h ,19 97, and was thereafter
.nted and published on every 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:
.~-~m_m:: ~ /' ~
TITLE:
Publisher
Acknowledged before me on this I
5 day of M rch
,19~.
\
:- ""
\,; '. ,.,/';'.."~...,
RATE INFORMATION
(1) Lowest 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
(3) Rate actually charged for the above matter
1.20 per line
$
.
Q~
~-..--
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Den i s L. M i n d a k , 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 s 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 Statue 331A.O2, 331A.O7, and other applicable
laws, as amended.
(B) The printed
Ordinance No. 97-~4
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on wed n e s day the ~ day of A p r ii, 19 97, and was thereafter
ented and published on every 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:
-~-:: (~/~
TITLE:
Publisher
I
l
Acknowledged before me on this )
23 day of Ap r1 I .19~.
ULI11"r1.J, ~l/" ~1L(Lu.'J"--->
~ry Public C
'"",.,'t"~,~,,,~;;
RATE INFORMATION
(1) lowest 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
(3) Rate actually charged for the above matter
$
1.20 per line
City of New Hope
( Ofti
ORDI
AN OJU)INANC
OF THE NEW HOI
THE NEW HOP
The City Council
~ Section
City Code is hereby al
(1) .I':iIIInbm:. The j
uptotenmeml
takin" office E
8Bb..", "J18
oath ~
JIIBIIIbm: --
~ Section
l4mDbm:" of the New I
read IÍ8 follows:
(3) ".,,- ., C
}ær. The COlli
Council to øer
shall serve a tf
of Jañuary in
ed.
~. Sectio
Hope City Code is hili
2.132 Or"snization
elect ~
chaimm'llOn41
IIIdhl' 8111.
lIm.bip. e.&ac
until ~
N>IUVIr is elect
the su..-lin
~. SectiOi
City-Code is hereby a
2,1~
/ ahalilIII on sue
by the Coon,
~
~
fIIIC IIC!JØ !:hai
t.hrœ days aft
..~
-.. meetin,g 81. ¡.e
~' "'It
quire .. -
ber iIDd..fIu:t.b
notice provis¡¡
alisti... 1.111
hl8ll1l1.l1....
8sll"I'.8f-
~. ÉffiIeÔ
fective upon its p8888
Dated the 14th d:
Is! Valerie Leone,
(April 23, ]
.
Q~
~----
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Denis L. Mindak
, 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 - Po s 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 Statue 331A.O2, 331A.O7, and other applicable
laws, as amended.
(B) The printed
Ordinance No. 97-16
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on we dne s day the ~ day of Ap ri I , 19~, and was thereafter
.rinted and published on every 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:
abcdefghij kI mnopq rstuvwxyz
(4://~
BY:
TITLE:
Publisher
Acknowledged before me on this
2 Apr I
,19~.
~~~:~: ""~,, t .~.~ ;:;~;) ~t l"~~: ~'~¡ ÊOSL ött~ tf
~ ~~'<.~'.':,4 t.<:¡ ¡ r1H'UBUC - f>iiN~;¡:¡:¡":;1 A î
~ \~~.,~~~;~ ~':' ct;~I;:.~:¡;rr~;:~~~;j~~~ ~.y;o ~
~~--~~",~¡! ."",.'>'W"'~~;¡.."'.....";~{>O\~
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
$
1.20 per line
City of New Hop
«]
OR
. AN ORDINAN'
OF THE
PROVIDING]
. HUMAN R
PERMI'ITIN
STUD
The City COline
~. Sectl
the New Hope City
lows:
2.254 Memhw.
consist of
~
In!I.ewmII
=11m.
of the COt
ning Jan
tenns oft
persons t,
mined by
the Colin
IW:IIlbJ:L
terI1WIaI
~
!!Í..t!lILfuil
~
Section 2. Elfe(
fective upon its pas,
Dated the 24th
Attest:~
Is! Valeri
(Published in tl
the 2nd day of Apri
(April 2,
Qa
~ ..- ....-
.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Den i s L. M i n d a k . 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 - Po st. 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. 97-17
which is attached was cut from the columns of said newspaper, an.d was printed and published
once each week, for 0 n e successive weeks; it was first published
on Wed n e s day the -2- day of Au E!. U st. 19.!1L. and was thereafter
printed and published on every 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:
abed efchij Idmnopq ntuvwxyz
BY:
TITLE:
Publisher
Acknowledged before me on this
6 day of Auf!. st
19..2,L.
,..:';. ~"ê....:,,)
f~"<:\ f.'~:,~':~:;~'~l t
\~? ,', 7<"""'~"l"~ ",,;¿:,~~~l~,~;~'~¡;,::':¿.i:~~~
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
$
1.20 per line
City of Ne. H~
OR
AN ORDINANC
CITY CODE RE(
CHASE (
The City Counc
~ ~
Hope City Code is I
1.215A .SelfServic,
1.215A ~
~
1
1
~
~ ~
Hope City Code is!
1.236A "Tobacco Pre
1.236A ~
I
.i
~
~
~
Means Other Than
Code is hereby am
.Civil Administrati.
(4) !
1
i
1
~ ~
Hope City Code is b
8.025 ]
I
f
1
I
~
J<iÚi!!IL of the New
read as follows:
(3)
.
Q~
City of New Hope
(011
OM
AN ORDIN
TEMPOR
TRANSMI!
FACILITIES OF
~ - ....--
The City Council
Section 1 Sectil
Transmission and R,
~', 1.591 "J:Mj
and 1.593 "M2ratw:iJ;
Code are hereby repe
~. Effecti
fective upon its passa
Dated the 14th d,
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Den i s L. M i n d a k . 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 s t , and has full knowledge of the facts
which are stated below.
Is! Valerie Leone,
(April 23, ]
(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.
(8) The printed
Ordinance No. 97-18
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on wed n e s day the ~ day of A p r ii, 19 97 ,and was thereafter
.nted and published on every 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:
-~-~-: ~/~
TITLE:
Publisher
Acknowledged before me on this
23 day of Apr"
, 19.:rL.
'¡,L'J;L6';Ù'J~:~
.<;~!j~!,;>.,;~;¡~ ~
., :.'".i:"'..;Jn,Ji,~',"'-J~,\
'...., ',;.", ","'.h',C..,,', .,.,>".,..".."""".~,,,.:tt!"")
RATE INFORMATION
(1) Lowest 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
$ 1,20 per line
(3) Rate actually charged for the above matter
.
Q~
City of New Hope
(Off
ORDJ
AN ORDIN
NEW HI
EXEMPTI
FROM PERM
The City Council ofth
~, Section
tiw¡a" of the New Ho
adding subsection 3,4:
3,438 Holiday Silm.!!
denict a mess,
aI state or \oe
~, Effecth
fectiye upon its passa¡
Dated the 12th da
Attest: IslValerie Leon
(Published in the
z.h1 day of Max. 199.
(May 21. H
~--
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Den i s L. M i n d a k . 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 s 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 Statue 331A.O2, 331A.O7, and other applicable
laws, as amended.
(B) The printed
Ordinance No. 97-19
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on We dne s day the 21 day of Ma y ,1997 ,and was thereafter
.. ted and published on every 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:
----: ~ /¿¡:;;//
TITLE:
Publisher
Acknowledged before me on this!
21 day of Mk y
~~9J<J 'r!. ~ ,ill ~ ,¿ dJ.,
N tary Public
.1997 .
IJ n<-.>
RATE INFORMATION
(1) lowest 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
(3) Rate actually charged for the above matter
1.20 per line
$
Q~
.
~--
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Den i s L . M i n d a k . 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
5 u n - P 0 s 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 Statue 331A.O2, 331A.O7, and other applicable
laws, as amended.
(B) The printed
Ordinance No. 97-20
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for
on Wednesday
successive weeks; it was first published
May . 199 7 . and was thereafter
one
the ~ day of
~inted and published on every 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:
--: a;,:/ /!-~R
TITLE:
Publisher
Acknowledged before me on this
28
19~.
day of
M y
"
RATE INFORMATION
(1) Lowest 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
(3) Rate actually charged for the above matter
$
1.20 per line
City of New MOl
(4
01
AN ORDlNi
CODE SECT
ANNUAL]
OF GROUJ
DEPARTMENT
The City Coun
~Sect
New Hope City Co<
section (0 to read ¡
(0 The operation
al monitoring
..... DeDartme"
to be in compli!
operation regu
~ Effe
fective upon its paJ
Dated the 9th
Attest:
Valerie Leor
(Published in the:
day of May, 1997.)
(May 2~
Q~
City of New Hope
(Of
ORI
AN ORDINAl'i
CODE S
REQUIRIN
MONITORING 4
BY THE DEPAR'
The City Council oft
~. Sect
the New Hope City (
subsection ( ) to read
( ) The operation is :
al monitoring by
øDenartment (
compliance with
tion regulations,
~, EtTer
f"ctiye upon its pass,
Dated the a1h da
.
a..o-c - -
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Den i s L. M i n d a k . 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 st. and has full knowledge of the facts
which are stated below.
Attest: Is/Valerie Leo
Valerie Leone
(June 18, .
(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. 97-20
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on We dne s day the ~ day of June, 19 97, and was thereafter
~nted and published on every 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:
--: (4d/~
Publisher
Acknowledged before me on this I
18 day of J u e
TITLE:
19~.
~ ;~:~f3~; fM: :~~~~~~~;;~~ ~ ~~ ~ ~~:-i
'i\;;:."<"¡'~ .f.--""~....,¡.'¡,,,,)lJNIY ~
;~. .",~.,f". ~:'v"mr,',1;5~:~)tI::i,¡,.iie5J. an.3ï,2o00J
'~'M'ò~7»"!':t1~"":"'~"~"'J<"'.""',1;¡~",~\ò",,~~,,,
RATE INFORMATION
(1) Lowest 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
(3) Rate actually charged for the above matter
$
1.20 per line
Q~
City of New Hope
(OJ
om
AN OR!
THE NEW Hi
THE MOM
The City Council oft
~. Sect
the New Hope City (
lows: .
1.581 MD.r.a12I:i
bition of
nesses s,
hereby e
1fJ97.
~. Effe<
fective upon its pass:
Dated the 9th da
.
~..--
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Den i s L. M i n d a k . 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 st. and has full knowledge of the facts
which are stated below.
Attest: IslValerie Le
Valerie Leon
(Published in the N,
.l&h day of~, 19!
(June 18,
(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.
(8) The printed
Ordinance No. 97-21
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on wed n e s day the .!L day of J un e , 19 97 , and was thereafter
~nted and published on every 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:
---: ~/-~
TITLE:
Publisher
Acknowledged before me on this
18
í
19.9.L.
f'f'ó-(; ~~~:;:~~t~~ :~"~'R'~""""":~~
"""~:', "....:.h.l.,.HEtiBI.O/',<
~ /~ "\ ,,~, ""'P'I~U" U'f"N"cr-r' X
.~~. ,,:n.;¡¡¡ "';"'".' ut> ,."""C","," ~,
,;, ~t- ¿~.>j.'i H":". '.N:::')!". ~"'! '.,TJ Z
",:\.""., ~"""""",'I",I
~ ,;, ~,7 "'.' Î'O~"1"..'OM. "',:rirn. '>.n '" "'.JOO 1',
¡~ .:;Jj.) '.',"""N"'-"~~"V""'C $;
1,;;~~-.,.:""-""II';,,'1~'!t+'>'I_W
RATE INFORMATION
(1) Lowest 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
(3) Rate actually charged for the above matter
$
1.20 per line
Q~
City of New H~
ORD)
AN ORDIN<
NEWH.
BY ESTABLISH
ESTABLlSIIMEI
IN THE B
The City Council (
~. Section
Hope City Code is he"
(42) Restaurant ar
~. Effecth
fective upon its passa
Dated the 28th day of
Attest: IslValerie Leo"
(Aug 6, 1997
~--
.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Den i s L. M i n d a k . 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 st. 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. 97-22
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on Wed n e s day the ~ day of A u ~ u st. 1997 ,and was thereafter
printed and published on every 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:
----: ~/-~
TITLE:
Publisher
Acknowledged before me on this
6 day of Au ust
19.2.L.
- >,¡",\":i':: if ~
\_~~~~-~".".~;~/:.;t;,r:;;~~:::,¡'.:"<~.:~)g'Li,L>~j. ~
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.55 per line
.~ Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
$
6.20 per line
$
1.20 per line
.
Qg
-.-.--
AFFIDAVIT OF PUBUCATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
D 0 u E! Dan c e . being duly swom on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
5 u n - P 0 st. 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. 97-24
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on Wednesday .the~dayof October ,1997.andwasthereafter
.rinted and published on every 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:
abcdefghijldmnopqrøtuvwz;yz
BY:
TITLE:
L I
PUbl~er
Acknowledged before me on this
22 day of October
19-21-.
¡~,~~:,r¡;¿\:J~~~ij~~;y:~: I
'.,~:. ...1.."....1.. "'-HI ,..
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
82) MaxImum rate allowed by law for the above matter
$
2.55 per Une
$
8.20 per line
(3) Rate actually charged for the above matter
$
1.20 per line
CIty of Newr HO}:
01
AN ORDINAN4
CITY co
REG!
UCENSI
OF 0THi
The City Coon!
SWoiwû. Sed
Hope City Code is!
8.07 ~i._I'h J.i.11
. ~. SecI
New Hope City Coc
(3) Vp.ndirur M
any tobacc
machine, ,
WI.IiaR, a
liMn IF I
. vending m
minor acœ
ducted by t
Section 3 See
iœ: oftheNew 00
as follows:
(4) Self s,rvïc
for sale IlL!
of lelf øerv
i. ~ÌI'II' oj
¡h. 'Àø III
h '" isll
till I.hill
lIB lMI~iloll
. did 11111
-" 115S'
IItIMS.IIt
~tlltø~IoJ ,
notaoolvt
of their re'I
orodud.s al
bv ~ns
offenn" for
mArr.hRndi
Clerk a su
tant that,
SalAS from
mAnt must
on or befor
~.Se
the New Hope City
-e... ím Federal Rf
tions title
erence int«
ulations al
machines :
in comnli8
said New I
Q~
.
~..--
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
D 0 U,~ Dan c e . 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 s 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 Statue 331A.O2. 331A.O7, and other applicable
laws, as amended.
(B) The printed
Ordinance No. 97-25
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on We dne s day the -1I day of Sep t embe r .1997 ,and was thereafter
printed and published on every to and including
. ' the - day of I 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 efghijldmnopq nt uvwxyz
BY:
TITLE:
l /
Pub I ish It"
A,ctcnowl- before me~n Ihis .
. 17 dayof 5.. 19..2L.
~ k; rt J..¡ f\. ,jjM4u.rYC.J
Not ry Public
:/'. ,,;> >~uwÞO',
HdJ,-'!();,¡ t.
'0 f'U:'U; ",'",,::.,:,,:',,:;:!\ ~:
ii !' '. r,::,:~~~F:t;~,~::';\~~::. ~;', ;'fJlj ~
(-',c"'""Mi"V~~'" ",;"""""'<!C"'V.Ci:N,~..,..,.,...ft",,,
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
, "ii!. (3) Rate actually charged for the above matter
$
1.20 per line
City of New Ho~
ORIJ
AN ORDINANCI
CODE BY Ern
01
The City Council
~Sect.ion
New Hope City Code'
1.581 Moratoriun
tion ofpBW1
es set forth :
tended toil
~ Etrecti.
fective upon its p~
Dated the &h da)
Attest: Is! Valerie
(September 1 ~
~
Qg
~--
.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
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
Sun - P 0 st. 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. 97-26
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on We dne s day the..lL day of S IE! p t @mb @ (" . 19.9.L. and was thereafter
printed and published on every to and including
.. ' the - day of . 19~ and printed below is a copy of
, 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 efchijldm nopq ntuvwxyz
BY:
TITLE:
l L
PUbliSh~
Acknowledged before me on this
17 day of September
19~.
,_~L::,S.~."'J<'
:_~:\I-,,':~Y ê:
.. ",-"-:. .-}':. :':- ¿-;), ~;
, ~,"",.. -r""-,,,"~'._"',~-
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
II) 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
$
1.20 per line
City of New Horo
OR
AN ORDINANCJ
SECTION 1
PAYMENTS
The City Coune
Section 1 Seet
~oftheN.
to read as follows:
1.65
Sœi
Parti
edto
realp
429 ~
Coun,
specÜ
made
time)
by tb
willlJ<
portio
paym
iIi .MiJ
~Effec
feetive upon its pas.!
Dated the &h d
- Attest: Is/ValeT
(Published in tl
the 17th day of:
(September
e
Q~
.
~..--
AFFIDAVIT OF PUBUCATION
STATE OF MINNESOTA)
58.
COUNTY OF HENNEPIN)
D 0 u ~ Dan c e . being duly swom on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
5 u n - 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 Statue 331A.02, 331A.07, and other applicable
laws, as amended.
Ordinance No. 97-27
(B) The printed
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on Wedne&day .the~dayof October .1997.andwasthereafter
.rinted and published on every 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:
abcdefgbijk1mnopqrB~
L
Pub I i&lr
I
BY:
TITLE:
Acknowledged before me on this
22 day of
19-2L.
,fJ';'¡"ii';""':'~'~:'.>¡¡'")t'<:'".",,, ,.;,'.~.,¡;.,.,ê~;
:,~~, ";);:~~~l,t> ¡~'E;[~~;:~;;/\ ~
"'!ct!\t,~:~;';)::~;;¡~::~;~~::';: ;",'Xi ~
'II' ',c,," 'H..LI.LU
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 ectuaUy charged for the above matter
$
1.20 per line
CltyofNeW,H~
ORD
ANORDD\
INVE8'nGATI4
TIlE ~
The City Council
~.SI!(
F!ä¡'ofthe New Hope
as follows:
14.123 License In'
both initial and add
quired by Section 10..
illW are as follows:
(1) IRHiM
~ 4IWMt
~
(32) Outsic
, $10,0~
t#- ..wèiíH
-
--w
~
~
~. Sect
New Hope City Code
10.477 InvPAtivation
plication for a
cial License ~
as provided il
the applicant
as prescribed
Bl'Íf)Ii"ll ¡¡j@
elr ø YuRn B
of this fee shl
'"M BII.II l1II
~MB .""B .,
R~~¡ti.RIII fee
URl lløtil~ I
~IIB~ BFRB
gation is requ
State of MinD
ditional fee aa
~. Effecti'
fectiveupon its passa,
Dated the 13th d¡
Attest: Is/Valerie Ù!(
(Oct. 22, 19971
~
City of New Hop.
.
Q~
(01
ORJ
AN ORDINANCE
SECTIONS 8.11
CHRI
The City Counci
~--
~. The fo
Code are hereby del.
AFFIDAVIT OF PUBUCATION
STATE OF MINNESOTA)
8.11 Ql
8.111 1iI
8.112 A¡¡
8.113 AI¡
8.114 .&
8.115 ~
8.116 &:,
8.117 ili:
14.089 Ch
ss.
COUNTY OF HENNEPIN)
D 0 u e Dan c e . 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 - Po st. and has full knowledge of the facts
which are stated below.
~. Effect
fective upon its pass,
Dated the 13th d
(A) The newspaper has complied with all of the requirements constituting qualification as a Attest: Is! Valerie Le
(Nov. 5, 1997)
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed
Ordinance No. 97-28
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on wednesday .the~dayof November .1997.andwasthereafter
.nted and published on every 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:
abcdefghijldmnopq I'Btuvwzyz
BY:
TITLE:
L -, /
Publisher
e..
, 19-21.....
, .
\'"
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
$
1.20 per line
.
Qg
City of New Hope
(Of
OR!
AN ORDINAl
COVE]!
FORI.
The City Council
.....c.-. - -
SIä:Wm.1. Sectio
Hope City Code is h.
AFFIDAVIT OF PUBLICATION
~. SectioJ
Limited Industrial (
hereby amended by :
(8) 88 follows: (ULvt,
(4) Parking Lot Séte
sign Standards. CUI
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
D 0 u e. Dan c e , being duly swom on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun - Po st. and has full knowledge of the facts
which are stated below.
~. Eff8C
fective upon its -
Dated the 8th da
Attest:
Is! Valerie Leone, Cit
(Dee. 17, 1997
(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. 97-29
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 0 n e successive weeks; it was first published
on Wednesday . the 17 day of December ,19..2.L,andwasthereafter
.rinted and published on every 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:
abcde fghijldmnopql'B tuvwxyz
BY:
TITLE:
L- "
Publisher
~-
¡
Acknowledged before me on this
17 day of December
,195lL.
~,-;Þ-;-~~-""~
~.. ,::"'.~..'.~'.'.i~.., ".;;::P.:!DEL M. HEDBLOM ¡
; ~~!.J\~.It NOTARY PUBUC. MINNESOTA
r \:';"~J:\f! HENNEP!N COUNTY
* ';;.~~ '" f CoITvnission !:xpir8l! Jan. 31, 2000 !
'..1À>(i"""'~lKt. L~1M___"_M~:Þ
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
$
1.20 per line