2020 Ordinances2020 Ordinance Index
ORDINANCE # ADOPTED ORDINANCE
20-01 1/27/2020 Ordinance Nos. 20-01 and 20-03, ordinances amending chapters 3 and 4
(and summary) of the New Hope City Code adopting a Business/Warehouse Zoning
District, repealing self storage as a conditional use in the Industrial
District, requiring an administrative permit for limited open outdoor
storage in the Industrial District, and amending the zoning map of
New Hope by rezoning certain properties from Industrial to
Business/Warehouse
20-02 1/27/2020 Ordinance No. 20-02, An ordinance amending Section 6-14(e)(3) of the
New Hope City Code related to right-of-way management and the
exceptions to registration requirements
20-03 1/27/2020 Ordinance Nos. 20-01 and 20-03, ordinances amending chapters 3 and 4
(and summary) of the New Hope City Code adopting a Business/Warehouse Zoning
District, repealing self storage as a conditional use in the Industrial
District, requiring an administrative permit for limited open outdoor
storage in the Industrial District, and amending the zoning map of
New Hope by rezoning certain properties from Industrial to
Business/Warehouse
20-04 1/27/2020 Ordinance No. 20-04, an ordinance amending Chapter 10 of the New
(and summary) Hope City Code allowing for on -sale Sunday sales of malt liquor at
brewery taprooms, on -sale Sunday sales of distilled liquor at
microdistillery cocktail rooms, and off -sale intoxicating liquor sales at
microdistilleries (New Hope Planning Case 20-03)
20-05 1/13/2020 Ordinance No. 20-05, an ordinance amending chapter 3, building and
sign regulations, of the new hope city code by adding a new section 3-
35 relating to the sale of affordable rental housing and establishing
notice and relocation assistance requirements for new owners
20-06 3/9/2020 Ordinance No. 20-06, An ordinance amending Chapter 11, Traffic
(and summary) Regulations and Criminal and Miscellaneous Offenses by adding a new
Section 11-11(i) Access to Multi -dwelling unit buildings by United
States Census Bureau employees
20-07 3/9/2020 Ordinance No. 20-07, an ordinance amending Sections 3-2, 3-22, and 3-
(and summary) 30 of the New Hope City Code relating to adoption of 2018
international building -related codes
20-08 5/26/2020 Ordinance 20-08, An ordinance regulating the sale of tobacco and
(and summary) related devices and products within the city of New Hope, Minnesota
20-09 5/26/2020 Ordinance 20-09, An interim ordinance establishing New Hope Code
Section 1-5(1) suspending the applicable zoning regulations relating to
outdoor dining and creating a temporary administrative waiver of
expansion of on -sale liquor license sales during the COVID-19 Public
Health Emergency.
I: \ Index Res&Ord \ 2020 Ordinance Index.docx
2020 Ordinance Index
20-10 7/27/2020 Ordinance 20-10, An ordinance amending the New Hope zoning map
established by New Hope code section 4-4(b) by rezoning 4215
Louisiana Avenue North from CB, Community Business District to R-1,
Single —family Residential District (New Hope Planning Case 20-07)
20-11
20-12 10/12/2020 Ordinance No. 20-12, An ordinance amending New Hope code section
2-11 setting mayor and councilmembers' salaries
20-13 11/23/2020 Ordinance No. 20-13, an ordinance amending Section 4-3(a)(7) of the
New Hope City Code related to nonconforming uses (New Hope
Planning Case 20-13)
20-14 11/23/2020 Ordinance No. 20-14, an ordinance amending Section 4-3(a)(11) of the
New Hope City Code related to nonconforming structures (New Hope
Planning Case 20-14)
20-15 11/23/2020 Ordinance No. 20-15, an ordinance amending Section 4-3(c)(6) of the
New Hope City Code related to front yard setback for decks (New
Hope Planning Case 20-12)
20-16 11/23/2020 Ordinance No. 20-16, an ordinance amending Section 4-3(d)(3) of the
New Hope City Code related to fencing and screening (New Hope
Planning Case 20-09)
20-17 11/23/2020 Ordinance No. 20-17, an ordinance amending Section 3-25(e) of the
New Hope City Code related to private swimming pools (New Hope
Planning Case 20-10)
20-18 11/23/2020 Ordinance No. 20-18, an ordinance amending Section 4-3(d)(4) of the
New Hope City Code related to landscaping requirements (New Hope
Planning Case 20-11)
I: \ Index Res&Ord \ 2020 Ordinance Index.docx
ORDINANCE NO.20-01
AN ORDINANCE AMENDING CHAPTER 3 AND 4 (ZONING) OF THE NEW HOPE
CITY CODE ADOPTING A BUSINESSIWAREHOUSE ZONING DISTRICT,
REPEALING SELF STORAGE AS A CONDITIONAL USE IN THE INDUSTRIAL
DISTRICT, AND REQUIRING AN ADMINISTRATIVE PERMIT FOR LIMITED OPEN
OUTDOOR STORAGE IN THE INDUSTRIAL DISTRICT
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 4-19, is hereby amended to add the underlined text as follows:
(a) Pw pose. The purpose of the B-W, busincssfwarehouse district is to provide for the
establishment of wholesale and retail trade of large volume or bulk commercial items, self -
storage and warehousing. These uses are industrial in nature but may bring customer traffic
and patronage to the site.
(b) Permitted Leses_B-W. The following are permitted uses in the B-W district:
(1) Building materials/mliance and furniture retail sales
(2) Engraving, printing and publishing,
(3) Essential services.
(4) Municipal government and utility buildings.
(5) Research, medical, dental and optical laboratories.
6 Office business commercialprofessional and medical).
(7) Radio and television stations.
(8) Recreational businesses, indoor.
9 Service business — Off --site. Shops and offices for contractors including plumbing,
heating, glazing, aintiiia er han =m 7 roofing, ventilating, electrical caEpelltm
welding, landscaping,_ excavating and general contracting, including contractor storage of
equipment and building materials if enclosed within a building, but not storage yards.
(10) Warehouses.
(11) Wholesale business.
12 Manufachirin g etc. The manufactmin = compounding, assembly, packaging,
processing, treatment or storage of products and materials.
(13) Veterinary clinics. Provided the clinic boards without treatment ten or fewer animals
in a 24-liour period.
(c) Permitted accessory uses, B-W. The following are permitted accessory uses in the B-W
district:
(1) Accessory building_AccesspU buildin for 7r commercial uses shall not exceed 30
percent of the gross floor space of the principal building_
(2) Parking. Off-street parking as regulated by subsection 4-3(e).
(3) Off-street loading. Off-street loading as regulated by subsection 4-3(f).
(4) Signs. Signs in compliance with chapter 3.
(5) Personal wireless service antennas. Personal wireless service antennas in conformance
with subsection 4-3(1) of this Code.
(6) Accessory antennas. Accessory antennas in conformance with subsection 4-3(b)(6)h of
this Code.
(7) Fences, as regal aced by Subsection 4-3(d)(3) of this Code.
(d) Uses by a dniinistrative Mi mit, B- W. The following are uses by administrative permit in
the B-W district. (Requires an administrative pennit based on the procedures set forth in and
regulated by section 4-31 and the performance standards set forth in section 4-3 of this Code.)
(1) Personal wireless service antennas per subsection 4-3(l)(2) of this Code.
(2) Outdoor sales of seasonal produce subject to the pen -nit requirements of chapter 8 of
this Code.
(3) Retail sales, limited. Retails sales of products manufactured or processed or delivered in
bulk and repackaged for sale on the site, provided that the sales area not exceed 30 percent
of the gross floor area of the principal building.
(4) Outdoor sales and display, accessory. Open or outdoor service, sale and rental as an
accessory use provided that:
a. Area limit. Accessory outside service, sales and equipment rental connected with a
principal use is limited to 30 percent of the goss floor area of the principal use.
b. Screened from residential. Outside sales areas are fenced or screened from view of
neighboring residential uses.
Sales area is surfaced with concrete or bituminous.
5) Open outdoor storage. Onen outdoor storage as a permitted accessory use provided that:
a. Accessoi-v use_Ope_n outdoor storage arias must be an accessary use, as defined b
subsection 4-2(b) of this Code, to a permitted or conditional principal use oil the site.
b. Maximum space. Open outdoor storage areas connected with the12rineipal use are
limited to 20 percent of the gross floor area of principal structure.
c. Setbacks. The opep� outdoor storage area are not located within any front yard or side
yard abutting a public right-of=way. Open outdoor storage areas are set back five feet
from all side and rear lot lines and not located within a utility or drainage easement.
d. Surfacr""ng. Open outdoor storage areas are surfaced with concrete or bituminous.
e. Feiiciar . A wire weave/chain link security fence is erected around. the ❑ en outdoor
storage area in conformance with subsection 4-3 d 3 c of this Code. Open outdoor
storage areas intended for the exclusive storage of semitrailers may be exempt front the
required security fencing provided the storage area is delineated and the individual
trailers are secured.
f. Sereenipt Ilandsca yin . Oven outdoor stora a areas are landscaped, fenced and
screened from view of adiacent residential properties and public rights -of -way in
accordance with the provisions of subsection 4-3(d)(3) of this Code.
g. Re aired s ace. Open outdoor storage areas do not utilize any required off-street
parking, loading, areas, or access space, as required by subsections 4-3(e) and 4-3(D of
this Code.
h. Hazardous materials. The open outdoor storage areas are not used for storage of
hazardous liquids, solids, gases or wastes. This provision does not prohibit the property
owner from obtaining an administrative permit for the outdoor storage of propane or LP
gas per subsection 4-20(d)(5) of this Code.
i. Refuse and upkegl). Open_ outdoor storage areas are kept free of refuse, trash, debris,
weeds, and waste fill.
J. Lighting. All lighting is hooded and so directed that the light source is not visible from
the public right-of-way or from neighboring residences.
(6) Rental of trailers and trucks. Rental_ of trailers and trucks shall be a pennitted accessary
use to an approved self -storage (mini -warehouse) facility granted a conditional use permit
pursuant to section 4-19(e)(7) of this Code provided that:
a. Accessory use. Rental of trailers and trucks must be an accessory use, as defined by
subsection 4-2(b) of this Code, to the conditional principal use of self -storage (mini-
warehouse) facility on the site.
b. [Additional regulations.] Rental of trailers and trucks are further regulated ed by section
8-16 of this Code.
c. Display area boundaries. The designated display area for trailers and trucks shall be
marked by clearly visible boundaries.
d. Vehicle location. Rental trailers and trucks shall not bepennitted to occupy any area
except the designated display area.
e. Q -street parking inlet° erence. The display area shall not ocLiMy any part of the
required off-street parking area.
f. Displcry area surface. The display area shall he surfaced with concrete or bituminous
surfacing.
g. Display area condition. The display area shall be kept free from dint weeds garbage,
trash, and other debris.
h. Vehicle placement. The trailers and trucks shall be arranged in an orderly fashion, in
rows and the parking area shall be stripped to identify individual parkin stalls. talls.
e Conditional uses B-W. The following are conditional uses in the B-W district: Re wires a
conditional use ivnnit based u )on procedures set forth in and re lated b sEctlons 4-30 c
and 4-33 and performance standards set forth in section 4-3 of this Code
(1) Open outdoor storage as a principal or accessory use. Open outdoor storage as a
conditional accessory use where the open outdoor storage area exceeds 20 percent of the
gross floor area of the principal structure provided that:
a. Setbacks, The open outdoor storage area are not located within any front yard or side
yard abutting apublic right-of-way. Open outdoor storage areas are set back five feet
from all side and rear lot lines and not located within a utility or drainage easement.
b. SurLitcing=Open outdoor storage areas are surfaced with concrete or bitumisious.
c. Fencin . A wire weave/chain link security fence is erected around the open outdoor
storage area in conformance with subsection 4-3(d)(3)c of this Code. Open outdoor
storage areas intended for the exclusive storage of semitrailers may be exempt from the
required security fencing provided the storage area is delineated and the individual
trailers are secured.
d. Screen ingllandscaping. Open outdoor storage areas are landscaped, fenced, and
screened from view of adjacent residential properties and public rights -of -way in
accordance with the provisions of subsection 4-3(d)(3) of this Code.
e. Required space. Open outdoor storage areas do not utilize any required off-street
parking. loading areas or access space, as required by subsections 4-3(e) and 4-3 of
this Code.
f. Hazardous materials. The open outdoor storage areas are not used for storage of
hazardous liquids, solids, gases or wastes. This provision does not prohibit the prooperty
owner from obtaining an administrative pennit for the outdoor storage of propane or LP
gas per subsection 4-20(d)(5) of this Code.
g._Re arse and upkeep. Open outdoor_ storage areas are kept free of refuse, trash. debris,
weeds, and waste fill.
h. Lighting All h r tin_ is hooded and so directed that the light source is not visible
from the public right-of-way or from neighboring residences.
(2) Planned unit development, industrial. Industrial plamied unit development as regulated
by section 4-34 of this Code.
(3) Commercial recreation facilities. Commercial recreation, provided that:
a. Access. The site of the proposed use has direct access to an arterial or collector street
as defined in the City Code. without utilizigg public streets of a lower traffic handlin
classification to reach the arterial or collector street.
b. Compatibility, The architectural appearance and functional plan of the building and
site shall not be so dissimilar to the existing buildings or area as to cause impairment in
property values or constitute a blighting influence.
c. Lighting shielded. All lighting shall be hooded and so directed that the light source is
not visible from the ri&ht-of-way or from a residential zone or use.
d. Surtricing. The entire area other than that occupied by buildings, structures or
plantings shall be surfaced with a bituminous or concrete material which will control
dust and drainage. The material and grading shall be subject to the approval of the city.
e. Landscaping. Landscaping shall be provided and the type of planting, material and the
number and size of plants shall be subject to the approval of the city.
(4) Self storage (mini warehouse) facilities. Provided that:
a. Building location. No buildings shall be located closer than 35 feet to each other to
allow for parking, loading, driveway and fire lanes.
b. Building length. No building shall be greater than 150 feet in length.
c. Snow storage. Adequate space is provided for snow storage.
d. Fire hydrant. All structures are to be within 200 feet of a fire hydrant.
e. Sprinkler systems. All storage buildings are to be equipped with dry sprinkling
systems which will be subject to review and approval of the fire department.
f. Fire alarm system. Every 2,000 square feet of the storage structure must be separated
by a one -hour rated fire wall and shall beequipped with a complete and comprehensive
fire alain system subject to the review and approval of the fire de�:nt.
g,. Dri.vewa sy and parking area, All driveways and parking; areas are to be hard surfaced
with concrete or blacktop and provided with adequate turning radius for fire vehicle
maneuverability. Parkin; spaces shall be striped in white and city required fire -lanes
shall be striped in yellow.
h._Caretaker aparrunt. if an "on -premises" caretaker dwelling, unit is provided -on site,
construction of said dwelling unit shall conform to all design standard regulations for
multiple -family dwelling units of the Minnesota State Building Code and the New Hope
Zoning and Building Code. Two off-street parking Maces and one garne stall must be
provided for the caretaker dwelling unit. The minimum dwelling unit and room floor
sizes shall be controlled by subsections 3-35(c), 3-36(a), 3-30(b) and 4-3(b)(2)b of this
Code.
i. Building appearance. Any structures having exposure to an adjacent residential use or
public ri r it-of-wU park, or similar public use areas shall be of brick, natural stone,
wood, or stucco facing material.
i. Prohibited uses. Any and all commercial, industrial or residential use other than
storage is prohibited within the self storage facility:
k. Prohibited stoLgge. Storagey hazardous materials, chemicals, gasoline, or
flammable liquids is prohibited in any storage space, except for normal household
quantities. Any story a of propalle tanks or flammable gases is prollibited. No more than
four vehicle tires may be stored in any rental space. Any and all commercial, industrial
or residential use other than storage is prohibited within the self storage facility.
(5) Personal wireless service antenna towers. Personal wireless service antenna towers in
conformance with subsection 4-3(1) of this Code.
(6) 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 subsection 4-30) of this Code.
M Warehousc conversion to self -storage.
a. On -site manager required. A full-time onsite manager must be employed to manage
the facility, control access and supervise operations during all open hours in full
compliance with the conditional use permit. An exception to the full-time onsite
manager may be granted for self -storage facilities that have a keypad controlled access
and a comprehensive security system. The comprehensive security system shall address
building access lighting.lightiijg. cameras, alarms stems and fire Suppression, The securit
system plan sliall be reviewed and approved by the city_
b. Fire sprinkler system. The building shall he equipped with an auto -fire sprinkler
system approved by the fire department ade uate to protect all storage within the
building. The adegUacy of any existing system must be certified in writing by a qualified
fire consultant acceptable to the city. Any existing system or proposed changes, certified
by the fire consultant, must also be reviewed and approved by the fire department.
c. Prohibited storage. Stara e�y hazardous materials, chemicals, gasoline or
flammable liquids is prohibited in any storage space, except for normal household
quantities. An storage torage of propane tanks or flaininable gases is prohibited. No more than
four vehicle tires may be stored in any rentals ace. A rental agreement between the
operator and each lessee shall be required. The rental agreement shall strictly_ prohibit
the Iessee fronn storing or using materials in the storage space or on the facility that are
flammable or classified as hazardous or toxic under any local, state, or federal law or
regulation, and from engaging in any activity _which produces such materials in the
storage space.
d. Prohibited uses. Any and all commercial, industrial or residential use other than
storage is prohibited within the self storage facility.
e. Storage access. Storage spaces must be accessible only from the interior of the
building_ Accessibility_ from the exterior of the buildingto any storage space may be
approved for self -storage facilities if the exterior access units are fully screened from all
residential use and public rights -of -way per subsection 4-3(d)(3) of this Code.
(8) Animal kennels and animal day care. Subject to the following conditions:
a. The facility's minimum size must provide for 75 square feet per dog and 20 square
feet per cat or any other animal boarded at any one time, exclusive of office or storage
area. The facility must provide one cage or air kennel per animal.
h. belated ancilluy services including trainin& groorningand food and accessory sales
may be conducted or provided at the facility.
c. An exercise area shall be provided to accommodate the periodic exercising of animals
boarded at the facility. The exercise area must be 100 square feet in size for each animal
that occupies that area at any one time. Any outdoor exercise area must be fenced, must
have a three-foot vegetative buffer, must be cleaned regularly, and any animal waste
must be 4ppropriately treated before it is allowed to enter any stormwater fond or stonn
sewer.
d. The facility must have a ventilation system that prohibits the transmission of odors or
or ranisms between tenant bays. The ventilations stem must be ca able of com letel
exchanging internal air at a rate of 1.00 efin/square foot of floor space per area dedicated
for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the
Minnesota State Building Code, as may be amended, these requirements can be met bX
the submission of an air exchange analysis, acceptable to the city from a Minnesota
licensed contractor or engineer confinning compliance with said standards otherwise,
the facility ventilation system must be completely separate and independent of other
tenant space within the building. Facility air temperature must be maintained between 60
degrees and 80 degrees Fahrenheit.
e. A sufficiently sized room/cagee separate from the facility areas shall be provided to
adequately scRarate sick or injured animals from healthy animals.
f Wall finish materials below 48 inches in height shall be impervious, washable
materials like sealed masonry, ceramic the lassboard or marlite. Floor finish shall be
sealed concrete or other approved impervious surface. Liquid -tight curbing, at least six
inches high, shall be installed along shared walls for sanitary confinement and water
wash -down cleaning.
R. Animal wastes shall be immediately cleaned up with solid wastes being enclosedill a
container of sufficient construction to eliminate odors and organisms. All animal waste_
must be properly disposed of daily.
h. The Facility must be appropriately licensed per section 7-4 of this Code and all
conditions of said section must be satisfied.
i. The property owner shall provide the city with at least 14 days' notice of the animal
kennel/day care intention to vacate the premises and allow a city inspection of the
premises.
J. The facility must provide sufficient, uniformly distributed lighting to the kennel area.
k. Exemption. Veterinary clinics that board ten or fewer animals and pet stores are
exempt from this conditional use permit requirement.
1. Caretaker apartment. If an "on remises" caretaker dwelling unit is provided on site
construction of said dwelling unit shall conform to all design standard regulations for
multiple -family dwelling units of the state building code and the city zoning and
building code. Two off-street parking spaces and one garage stall must be provided for
the caretaker dwelling unit. The minimum dwelling unit and room floor sizes shall be
controlled by subsection 4-3(b)(2)b. of this Code.
m. Guest room. If a guest room is provided within the kennel facility it must meet
efficiency_ unit_ size rgquirenents as listed in subsection 4-3(b)(2)b. of this Code. One
additional parking stall must be provided for the guest room. Guest rooms shall only be
used by persons obtaining, services or receivingtraining from the kennel facility. Guest
stays are limited to a maximum of ten business days per training visit.
(9) Brewery with taproom. Brewery with taproom as defined by section 4-2(b) of this Code
provided that:
a. The owner of the brewery qualifies for and receives a brewer license and a malt li uor
wholesale license (if wholesale of malt liauor is an intended activity) from the State of
Minnesota. according to Minn. Stat. § 340A.301.
b. An accessory_ brewer's taproom for the on -sale of malt liquor produced on -site shall
require a brewery taproom license from the City of New Hope accordingto o chapter
10 of this Code.
c. Off sale of malt liquor in the form ofgrow] ers shall require a brewery license for off -
sale of malt liquor accordingto o chapter 10 of this Code.
d. The site provides adequate parking for to room and other uses per section 4-3(e) of
this Cade. Taproom parking shall not interfere with on -site circulation or other
operations sharing the site.
e. The brewery shall meet all off-street loading standards of section 4-3 of this Code.
f. Outdoor dining, rinking, or service as an accessory use for taprooms may be allowed
subject to the following conditions:
1. The applicant.shall be Required to submit a site plan and other peilinent information
demonstrating the location and type of all tables refuse receptacles, and wait stations.
2. Access to the dining area shall be groyided only via the principal buildingif _f the
dining area is a full service restaurant, including table waiting service.
3. The size of the dining area is restricted to 30 percent of the total customer floor
area within the principal structure.
4. The dining area shall be screened from view from adjacent residential uses in
accordance with subsection 4-3(d)(3) of this Code.
5. All lighting shall be hooded and directed away from adjacent residential uses in
accordance with subsection 4-3(d)(5) of this Code.
6. The applicant demonstrates that pedestrian circulation shall not be disrupted as a
result of the outdoor dining area by providiLigthe following:
i. Outdoor dininm area shall be se a ated from through pedestrian circulation b
means oftemporary fencin r bollards ropes, plantings, or tither methods and shall
be subject to review and approval by the city council.
H. Minimum clear passage zone for pedestrians at the Perimeter of the restaurant
shall be at least five feet without interference from parked motor vehicles, bollards.
trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters or
the like.
iii. Overstory canopy of tress, umbrellas or other structures extending into the
pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance
of seven feet above sidewalk.
7. The dining area shall be surfaced with concrete, bituminous or decorative pavers or
may consist of a deck with woad or other flooring material that provides a clean,
attractive, and functional surface:.
8. A minimum width of 36 inches shall be provided within aisles of the outdoor
dining
9. Storage of furniture shall not be permitted on the sidewalk between November 1
and March 31. Sidewalk furniture that is immovable or permanently fixed or attached
to the sidewalk shall not be subject to the storage prohibition of this section.
However, any immovable or pennanently fixed or attached furniture must be
approved as part of the administrative pennit application.
10. Additional off-street parking shall be required pursuant to the requirements set
forth in subsection 4-3(e)—of this Code based on the additional seating area provided
by the outdoor dining area.,
11. Refuse containers shall be provided for self-service outdoor dining areas. Such
containers shall be placed in a manner which does not disrupt pedestrian circulation,
and must be desi ed to pTevent spillage and blowing litter.
12. Rooftop dining facilities shall be permitted provided they meet all applicable
conditions as listed herein and in addition:
i. Provide permanent walls of fencing around the periphery of the dining area at a
minimum height of 42 inches to ensure the safety of persons/property,
ii. Any pennanent structures, including divider walls, trellis work, etc. shall be
included as part of the building upon which they are located and are subject to the
building height limitations as specified in subsection 4-16(f)(3) of this Code.
iii. The submitted plans for a rooftop diningfcility as well as the building upon
which the proposed outdoor dining is to occur are subject to review by the city
building inspector. The inspector will detennine whether the building is
structurally capable of handling the additional weight of persons and equipment.
10 Microdistiller cocktail room. Microdistillery cocktail room as defined by section 4-
2(b) of this Code _provided that:
a. The owner of the microdistillery qualifies for and receives a microdistillery license
from the State of Minnesota, according to Minn. Stat. § 340A.22.
b. The owner of the microdistillery qualifies for and receives a iicrodistillery cocktail
room on -sale license from the City of New Hope according to chapter 10 of this Code.
c. Off -sale of liquor produced in the microdistillery shall require a microdistillery
license for off -sale of liquor according to chapter 10 of this Code.
d. The site provides adequate parking for cocktail room and other uses per section 4-3(e)
of this Code. Cocktail room -parking shall not interfere with on -site circulation or other
operations sharing the site;
e. The cocktail room shall meet all off-street loading standards of section 4-3(_fl of this
Code.
f. Outdoor dining, drinking, or service as an accessory use for cocktail room may be
allowed subject to the following conditions:
1. The applicant shall be required to submit a site plan and other peilinent information
demonstrating the location and type of all tables, refuse receptacle& and wait stations.
2. Access to the dining area shall be provided only via the principal buildingif f the
dining area is a full service restaurant, including table waiting service.
3. The size of the dinin r area is restricted to 30 percent of the total customer Floor
area within the principal structure.
4. The -dining area shall be screened from view from ad'acent residential uses in
accordance with subsection 4-3(d)(3) of this Cade.
5. All lighting shall be hooded and directed away from adjacent residential uses in
accordance with subsection 4-3(d)(5) of this Code.
G. The ap})l icant demonstrates that pedestrian circulation shall not be disrupted as a
result of the outdoor diningarea rea byproviding the following_
i. Outdoor dining area shall be segregated from through pedestrian circulation by
means of temporary fencing, bollards, ropes, plantings, or other methods, and shall
be subject to review and approval by the city council.
ii. Minimum clear passage zone for pedestrians at the perimeter of the restaurant
steal l be at least five feet without interference from parked motor vehicles, bollards,
trees, tree gates, curbs, stairways, trash receptacles,_ street lights, larking meters, or
the like.
iii. Overstory canopy of trees, umbrellas or akher structures extending into the
pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance
of seven feet above sidewalk.
10
7. The dining; area shall be surfaced with concrete, bituminous or decorative pavers or
may consist of a deck with wood or other flooring material that provides a clean,
attractive, and functional surface.
8. A minimum width of 36 inches shall be provided within aisles of the outdoor
dining area.
9. Storage of furniture shall not be pennitted on the sidewalk between November 1
and March 31. Sidewalk furniture that is immovable or pennanently fixed or attached
to the sidewalk shall not be subject to the storage prohibition of this section.
However, any immovable or permanently fixed or attached furniture must be
approved as part of the administrative permit application.
10. Additional off-street parking shall be required pursuant to the requirements set
forth in subsection 4-3(e) of this Code based on the additional seating area provided
by the outdoor dining area.
11. Refuse containers shall be provided for self service outdoor di11iJig areas. Such
containers shall be placed in a manner which does not disrupt pedestrian circulation,
and must be designed to prevent spillage and blowing litter.
12. Rooftop dining facilities shall be permitted provided the meet all applicable
conditions as listed herein and in addition:
i, Provide permanent walls of fencing around the periphery of the dining! area at a
minimum height of 42 niches to ensure the safety of persons/property.
ii. Any permanent structures, including divider walls, trellis work, etc. shall be
included as part of the building upon which they are located and are subject to the
building height limitations as specified in subsection 4-16(0(3) of this Code.
iii. The submitted plans for a rooftop diningfacility acility as well as the building_upon
which the proposed outdoor dining is to occur are subject to review by the city
building inspector. The inspector will determine whether the building is
structurally capable of handling the additional weight of persons and equipment.
Q1 ) Health clubs, provided that:
a. The facility has adequate narkini- for the use Der section 4-3(e) of this Code.
b. A traffic study shall be required under the following conditions:
1. The_ use generates traffic beyond the existing traffic level and resulting in mare
than 100 trips in any_peak hour.
2. The city engineer determines that the site location, access, or traffic generation may
result in traffic conflicts, safety issues, or a reduction of the street service level
classification.
3. The conditional use permit must address all issues identified in the traffic study and
the property owner shall be assessed for costs associated with improvements deemed
necessary to miti rats e traffic issues generated by the proposed use.
11
I2) Sports training centers, provided that,
a. The facility has adequate parking for the use per section 4-3(ee,) of this Code;
b. A traffic studv shall be reauired under the following conditions:
1. The use generates traffic beyond the existing traffic level and resulting in more
than i 00 trips in any peak hour.
2. The city engineer determines that the site location, access, or traffic generation may
result in traffic conflicts safety issues or a reduction of the street service level
classification.
3. The conditional usepen-nit must address all issues identified in the traffic study and
the property owner shall be assessed for costs associated with improvements deemed
necessary to mitigate traffic issues generated by the proposed use.
Lot requirements, buildhIg her hts and setbacks. The following minimum reg uirements
shall be observed in the B-W district subject to additional requirements, exception, and
modification set forth in this Code.
(1) Minimum lot area_ One acre.
(2) Minimum lot width. 100 feet.
(3) Impervious surface. Not more than 80 percent of the lot area shall be impervious
surface.
a. The pervious portion of the let area shall be maintained as landscaping in
conformance with subsection 4-3(d)(4) of this Code.
(4) Building height. Six stories or 72 feet, whichever is greater. Four stories or 48 feet,
whichever is greater, shall be required where a B-W district lot abuts the side or rear lot
lines of lots in an R-1 or R-2 zoning district.
5 Setbacks.
Front: Local
Front:
Arterial or
Rear (b)(c)
Side
Interior
Side Yard
Side:
Corner
Local Street
Side:
Arterial or
Community
Street
Community
Collector
Street ()
(b)(c)
Collector
Street (°)
30 feet
30 feet
I 30 feet
10 b 130
feet
30 feet
(a) See subsection 4-3(c)(6)b of this Code.
A 75 foot side or rear vard setback will be reauired where the lot abuts an R-1 or R-2
zonin district.
(cl For each additional story over three stories or for each additional ten feet over 40 feet
the rear and side yard setback requirements shall be increased b five feet.
Section 2. Section 4-20(c)(8) is hereby repealed in its entirety and reserved for future use.
12
.l�
ection 3. Section 4-20(d) is hereby amended to add the underlined text as follows:
(6) Open outdoor storage provided that:
a. Accessory use. Open outdoor stora re areas must be an accessory use as defined b
subsection 4-2(b) of this Code, to a permitted or conditional principal use on the site.
b. Maximum space. Open outdoor storage areas connected with the -principal use are limited
to 20 percent of the gross floor area of principal structure.
c. Setbacks. The open outdoor storage area are not located within any front yard or side yard
abutting a public right-of-way. Open outdoor storage areas are set back five feet from all side
and rear lot lines and not located within a utility or drainage easement.
d. Sur acing. Open outdoor storage areas are surfaced with concrete or bituminous.
e. FenciM. A wire weave/chain link security feilce is erected around the open outdoor storage
area in conformance with subsection 4-3 d 3 c of this Code. Open outdoor storage areas
intended for the exclusive storage of semitrailers may be exempt from the required security
fencing provided the storage area is delineated and the individual trailers are secured.
S
13
f. 5creeningllandsceWing. Opeii outdoor storage areas are landscaped. Fenced, avid screened
from view of adjacent residential properties and public _rights -of -way in accordance with the
provisions of subsection 4-3(d)(3) of this Code.
g. Required parking. Open outdoor storage areas do not utilize any required off-street
parking, loading areas, or access space, as required by subsections 4-3(e) and 4-3(o of this
Code.
h. Hazardous materials. The open outdoor storage areas are not used for storage of hazardous
liquids, solids, gases or wastes. This provision does not prohibit the property owner from
obtaining an administrative pennit for the outdoor storage of propane or LP gas per
subsection 4-20(d)(5) of this Code.
i. Ref use and upkeep. Open outdoor storage areas are kept r'ree of refibse, trash, debris, _weeds,
and waste fill.
J. Lighting. All lighting is hooded and so directed that the light source is not visible from the
public right-of-way or fi•oyn neighboring residences.
Section 4. Sections 4-20(e)(7) and 4-20(e)(15) are hereby repealed in their entirety and reserved
for future use.
MIMI
Ibb
a
14
MPMM
WIN
a
r
Section 5. Section 3-50(k)(3) is hereby amended to repeal the stricken text and add the
underlined text as follows:
a. In the LB, CB, ao&J a+xd B-W districts-, one freestanding sign is allowed per lot. In the GPO
district-, multiple freestanding signs are allowed per lot subject to the following requirements.
The area of a freestanding sign may not exceed 100 square feet each side, exclusive of base or
frame, with a maximum height of 30 feet. Freestanding signs abutting a freeway or freeway
frontage road shall not exceed 200 feet in area.
Section 6. Section 4-3(n)(2)c is hereby amended to add the underlined text as follows:
15
c. Ground -mounted solar energy systems in accordance with the standards of this section shall
be allowed with an administrative permit in the B-W, CB, CC, GPO Industrial, LB, R-B, and
R-O zoning districts.
Section 7. Section 44(a)(3) is hereby amended to add the underlined text as follows:
(3) Industrial Districts.
a. I, Industrial district
b. B-W, Business/warehoLise district
Section 8. Section 4-33(c)(8) is hereby amended to add the underlined text as follows:
(8) In industrial districts (B-W, I):
Section 9. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 27th day of January, 2020.
Kathi H ken Mayo
ATTEST:
Valerie Leone, City Clerk.
(Published in the Crystal, Robbinsdale, New Hope and Golden Valley Sun -Post the 6th day
of February 2020)
16
SUMMARY OF ORDINANCE NO.20-01
AN ORDINANCE AMENDING CHAPTER 4 (ZONING) OF THE NEW HOPE CITY
CODE ADOPTING A BUSINESS WAREHOUSE ZONING DISTRICT, REPEALING
SELF STORAGE AS A CONDITIONAL USE IN THE INDUSTRIAL DISTRICT, AND
REQUIRING AN ADMINISTRATIVE PERMIT FOR LIMITED OPEN OUTDOOR
STORAGE IN THE INDUSTRIAL DISTRICT
Ordinance No. 20-01 amends Chapter 4 of the New Hope City Code to establish a Business
Warehouse zoning district, repeals self -storage as a conditional use in the industrial district, and
now requires an administrative permit for limited open outdoor storage in the industrial district.
The full version of Ordinance No. 20-01 is posted at www.newhopemn.gov and is available for
inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota.
Duly published notice for a public hearing, and a public hearing was held for Ordinance No.
20-01 at the New Hope Planning Commission Meeting on January 7, 2020.
The above Ordinance was adopted by the New Hope City Council on January 27, 2020, and shall
become effective upon publication.
Valerie Leone
City Clerk
(Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun -Post on February 6, 2020)
1
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ] ss
COUNTY OF HENNEPIN
Brandi Botts being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of.
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 02/06/2020 and the last
insertion being on 02/06/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 02/06/2020 by Brandi Botts.
Notary Public
=n MARLENE M MITCHELL
Notary Public
• Minnesota
My Commission Expires
Jan 31, 2025
Rate Information:
Al) Lowest classified rate paid by commercial users
'for comparable space:
$46.90 per column inch
CITY OF NEW HOPE
SUMMARY OF
ORDINANCE NO. 20-01
AN ORDINANCE AMENDING
CHAPTER 4 (ZONING) OF
THE NEW HOPE CITY CODE
ADOPTING A BUSINESS
WAREHOUSE ZONING
DISTRICT, REPEALING
SELF STORAGE AS A
CONDITIONAL USE IN THE
INDUSTRIAL DISTRICT,
AND REQUIRING AN
ADMINISTRATIVE PERMIT
FOR LIMITED OPEN
OUTDOOR STORAGE IN
THE INDUSTRIAL DISTRICT
Ordinance No. 20-01 amends
Chapter 4 of the New Hope City
Code to establish a Business
Warehouse zoning district, repeals
self -storage as a conditional use in
the industrial district, and now re-
quires an administrative permit for
limited open outdoor storage in the
industrial district.
The full version of Ordinance
No. 20-01 is posted at www.
newhopemn.gov and is available
for inspection at the City Clerk's
office, 4401 Xylon Avenue North,
New Hope, Minnesota.
Duly published notice for a pub-
lic hearing, and a public hearing
was held for Ordinance No.
20-01 at the New Hope Planning
Commission Meeting on January 7,
2020.
The above Ordinance was ad-
opted by the New Hope City Coun-
cil on January 27, 2020, and shall
become effective upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
February 6, 2020
1019225
Ad ID 1019225
ORDINANCE NO.20-02
AN ORDINANCE AMENDING SECTION 6-14(e)(3) OF THE NEW HOPE CITY CODE
RELATED TO RIGHT-OF-WAY MANAGEMENT AND THE EXCEPTIONS TO
REGISTRATION REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 6-14(e)(3) Right-of-way management, Registration, Exceptions, is hereby
amended to add the underlined text as follows:
Exceptions. The following are not subject to the requirements of this section:
a. Persons planting or maintaining boulevard plantings or gardens.
b. Persons , installing driveways, sidewalks, curb and gutter, or irri ,-Ai011
S sy tei31s 93fiHi�g-16S.
c. Persons engaged in snow removal activities.
d. Federal, state, county, and city agencies.
e. Persons installing pet containment systems.
f. Plumbers licensed in accordance with section 3-1(a)(1) of this Code.
g. Persons acting as agents, contractors or subcontractors for a registrant who has properly
registered in accordance with this section.
h. Persons temporarily placing residential household waste containers in the right-of-way
for the collection of solid waste or recyclables.
Section 2. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 27thday of Jan. , 2020.
�9
Kathi He Mayor
ATTE
Valerie Leone, City Cleric
G:\CommDev\Planning\Repoits\1'C 20-02 Text Amendment, Right -Of -Way Management\PC 20-02 Ordinance No. 20-02.docx
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Brandi Botts being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 02/06/2020 and the last
insertion being on 02/06/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
Adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
_1/11
By: �n-
Designated Agent
Subscribed and sworn to or affirmed before
me on 02/06/2020 by Brandi Botts.
Notary Public
MARLENE M MITCHELL
.
Notary Public
Minnesota t
My Commission Expires
Jan 31, 2025
Rate Information:
�) Lowest classified rate paid by commercial users
.or comparable apace:
$46.90 per column inch
Ad ID 1019226
CITY OF NEW HOPE
ORDINANCE NO.20-02
AN ORDINANCE AMENDING
SECTION 6-14(E)(3) OF THE
NEW HOPE CITY CODE
RELATED TO RIGHT-
OF-WAY MANAGEMENT
AND THE EXCEPTIONS
TO REGISTRATION
REQUIREMENTS
THE CITY COUNCIL OF THE
CITY OF NEW HOPE ORDAINS:
Section 1. Section 6-14(e)(3)
Right-of-way management, Reg-
istration, Exceptions, is hereby
amended to add the underlined
text as follows:
Exceptions. The following are
not subject to the requirements of
this section:
a. Persons planting or maintain-
ing boulevard plantings or gardens.
b. Persons installing driveways,
sidewalks, curb and gutter, or irri-
gation systems.
c. Persons engaged in snow re-
moval activities.
d. Federal, state, county, and
city agencies.
e. Persons installing pet contain-
ment systems.
f. Plumbers licensed in accor-
dance with section 3-1(a)(1) of this
Code.
g. Persons acting as agents,
contractors or subcontractors for
a registrant who has properly reg-
istered in accordance with this
section.
h. Persons temporarily placing
residential household waste con-
tainers in the right-of-way for the
collection of solid waste or recy-
clables.
Section 2. Effective Date. This
ordinance shall be effective upon
passage and publication.
APPROVED by the New Hope
City Council this 27th day of Jan-
uary, 2020.
/a/ Kathi Hemken, Mayor
ATTEST:
/s/ Valerie Leone, City Clerk
Published in the
Sun Post
February 6, 2020
1019226
ORDINANCE NO.20-03
AN ORDINANCE AMENDING THE ZONING MAP OF NEW HOPE ESTABLISHED
BY NEW HOPE CODE SECTION 44(b) BY REZONING CERTAIN PROPERTIES
FROM INDUSTRIAL TO BUSINESS WAREHOUSE
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 44(b) "Zoning map" of the New Hope City Code is hereby amended by re-
zoning or changing the zoning district designation of the following described properties having
property addresses, property tax identification numbers and legal descriptions as set forth below
from I, Industrial District to B-W, Business Warehouse District under Section 4-19 of the New
Hope Code:
Properties Affected by Rezoning
Address
Property Identification Number
7301 36th Ave N
20-118-21-21-0009
9211 52nd Ave N
07-118-21-22-0015
9300 52nd Ave N
07-118-21-22-0001
2711 Nevada Ave N
20-118-21-34-0026
4630 Quebec Ave N
08-118-21-33-0081
3216 Winnetka Ave N
20-118-21-23-0018
3209 Win ark Dr
20-118-21-23-0012
5040 Winnetka Ave N
08-118-21-23-0002
See legal descriptions of the Property, attached hereto as Exhibit A. (the "Property")
Section 2. All conditions of approval set forth in Ordinance No. 20-01 shall be incorporated
herein.
Section 3. Effective Date. This zoning map amendment shall become effective and be formally
imposed on the New Hope Zoning Map upon the approval of the Ordinance No. 20-01, and upon
adoption and publication of this ordinance. This zoning map amendment shall be published
thereafter and shall be in full force upon final publication.
APPROVED by the New Hope City Council this 271h day of Jan ary, 2020.
Gc�
Kathi H en, Maya
ATT T:
Valerie Leone,City Clerk
Exhibit A
Legal Descriptions of Properties Being Re -Zoned to B-W District
7301 36th Ave. N.
Lot 1, Block 1, Stremel Addition, Hennepin County, Minnesota.
9211 52nd Ave. N.
THAT PART OF LOT 2 WHICH LIES WESTERLY AND SOUTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE AND ITS NORTHWESTERLY EXTENSION HEREIN
AFTER KNOWN AS "LINE A". COMMENCING AT THE SOUTHWEST CORNER OF
SAID LOT 2; THENCE SOUTH 88 DEGREES 50 MINUTES 37 SECONDS EAST,
ASSUMED BEARING, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF
371.87 FEET TO THE POINT OF BEGINNING OF SAID "LINE A" TO BE HEREIN
DESCRIBED; THENCE NORTH 44 DEGREES 42 MINUTES 27 SECONDS WEST, 304.65
FEET TO THE NORTH LINE OF SAID LOT 2 AND THERE TERMINATING, Hennepin
County, Minnesota.
9300 52nd Ave. N.
COM AT A PT IN W LINE OF NW 1/4 OF NW 1/4 DIS 187 FT S OF SLY LINE OF R R
R&W TH DEFLECTING 90 DEG 50 MIN TO THE LEFT 634 5/10 FT TH DEFLECTING 11
DEG 10 MIN TO THE LEFT TO A PT IN THE E LINE OF W 55 RODS OF NW 1/4 OF NW
1/4 DIS 131 1/10 FT S OF THE SLY LINE OF R R R&W TH N TO SAID R&W LINE TH
WLY ALONG SAID R&W LINE TO W LINE OF NW 1/4 TH S TO BEG EX ROAD
2711 Nevada Ave. N.
LOTS 1 AND 2 BLK 1 KING INDUSTRIAL PARK SUBJECT TO ROAD, Hennepin County,
Minnesota.
4630 Quebec Ave. N.
Unit 2, CIC NO. 2046 PARK PLACE STORAGE CONDOMINIUMS OF NEW HOPE,
Hennepin County, Minnesota.
3216 Winnetka Ave. N.
Lot 1, Block 1, J R Jones Addition, Hennepin County, Minnesota.
3209 Winpark Dr.
Lot 3, Block 1, Pazandak Addition, Hennepin County, Minnesota.
5040 Winnetka Ave. N.
N 265 FT OF W 558 FT OF SW 1/4 OF NW 1/4 EX ROAD of Section 8, Township 118, Range
21, Hennepin County, Minnesota.
(Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun -Post the 6th day of
February , 2020)
P:\Attomey\SAS\l Client Files\2 City of New Hope\99-82003 - B-W Zoning Map Amendment\Ordinance amending zoning map for B-W
District.docx
K
SUMMARY OF ORDINANCE NO.20-03
AN ORDINANCE AMENDING THE ZONING MAP OF NEW HOPE ESTABLISHED
BY NEW HOPE CODE SECTION 44(b) BY REZONING CERTAIN PROPERTIES
FROM INDUSTRIAL TO BUSINESS WAREHOUSE
Ordinance No. 20-03 amends Chapter 4-4(b) "Zoning map" of the New Hope City code and will
result in the rezoning of eight properties in the Industrial district being rezoned to the Business
Warehouse district. The eight properties that are set to be rezoned are as follows:
Properties Affected by Rezoning
Address
Property Identification Number
7301 36th Ave N
20-118-21-21-0009
9211 52nd Ave N
07-118-21-22-0015
9300 52nd Ave N
07-118-21-22-0001
2711 Nevada Ave N
20-118-21-34-0026
4630 Quebec Ave N
08-118-21-33-0081
3216 Winnetka Ave N
20-118-21-23-0018
3209 Win ark Dr
20-118-21-23-0012
5040 Winnetka Ave N
08-118-21-23-0002
The full version of Ordinance No. 20-03 is posted at www.newhopenm.gov and is available for
inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota.
Duly published notice for a public hearing, and a public hearing was held for Ordinance No.
20-03 at the New Hope Planning Commission Meeting on January 7, 2020.
The above Ordinance was adopted by the New Hope City Council on January 27, 2020, and shall
become effective upon publication.
Valerie Leone
City Clerk
(Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun -Post on February 6, 2020)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
"^)13raridi Botts being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 02/06/2020 and the last
insertion being on 02/06/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:'.�
Designated Agent
Subscribed and sworn to or affirmed before
me on 02/06/2020 by Brandi Botts.
Notary Public
MARLENE M MITCHELL
" z
Notary Public
r. Minnesota
is My Commission Expires
Jan 31, 2025
Rate Information:
I) Lowest classified rate paid by commercial users
for comparable space:
$46.90 per column inch
Ad ID 1019227
CITY OF NEW HOPE
SUMMARY OF ORDINANCE NO.20-03
AN ORDINANCE AMENDING THE ZONING MAP OF
NEW HOPE ESTABLISHED BY NEW HOPE CODE
SECTION 4-4(B) BY REZONING CERTAIN PROPERTIES
FROM INDUSTRIAL TO BUSINESS WAREHOUSE
Ordinance No. 20-03 amends Chapter 4-4(b) "Zoning map" of the
New Hope City code and will result in the rezoning of eight properties in
the Industrial district being rezoned to the Business Warehouse district.
The eight properties that are set to be rezoned are as follows:
Properties Affected by Rezoning
Address
Property Identification Number
7301 36th Ave N
20-118-21-21-0009
9211 5 nd Ave N
0 - 8- -22-0015
9100 52nd Aye N
07-118-21-22-0001
2711 Noyndy.P
0-1 -1- -06
4630 uebec Ave N
08- 8- -n-0081
3216 WinnetkaAve N
20-118- 1- 3-0018
3209 Winmirk Dr
20-118- - 3-001
1
5040 eta a N
08- 3-000
The full version of Ordinance No. 20-03 is posted at www.
newhopemn.gov and is available for inspection at the City Clerk's office,
4401 Xylon Avenue North, New Hope, Minnesota.
Duly published notice for a public hearing, and a public hearing was
held for Ordinance No. 20-03 at the New Hope Planning Commission
Meeting on January 7, 2020.
The above Ordinance was adopted by the New Hope City Council on
January 27, 2020, and shall become effective upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
February 6, 2020
1019227
ORDINANCE NO.20-04
AN ORDINANCE AMENDING CHAPTER 10 OF THE NEW HOPE CITY CODE
ALLOWING FOR ON -SALE SUNDAY SALES OF MALT LIQUOR AT BREWERY
TAPROOMS, ON -SALE SUNDAY SALES OF DISTILLED LIQUOR AT
MICRODISTILLERY COCKTAIL ROOMS, AND OFF -SALE INTOXICATING
LIQUOR SALES AT MICRODISTILLERIES
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 10-3, is hereby amended to repeal the stricken text and add the underlined text
as follows:
In addition to the definitions contained in Minn. Stat. § 340A.101 as it may be amended from
time to time, the following terms are defined for purposes of this Code:
Brewery taproom — on -sale license as used in section 10-9(10) of this Code means the sale of
malt liquor produced by a brewer for consumption on the premises of or adjacent to the
brewery location owned by the brewer subject to compliance with the conditions in Minn.
Stat. § 340A.26 and the following conditions:
(1) The brewer has been issued a brewer's license per Minn. Stat. § 340A.301, subd. 6(c),
(i) or 0).
(2) The brewer has not been issued any other on or off -sale brewery taproom licenses under
this Code and does not have an ownership interest in any brewpub licensed under this Code
or Minn. Stat. § 340A.24.
(3) On -site taproom retail sales may not exceed 3,500 barrels annually, 500750 barrels of
which may be sold off -sale as growlers provided the brewer has also been issued a brewery
taproom off -sale license by the city.
(4) The brewer must demonstrate the location of the brewery and ancillary taproom is in
compliance with all requirements of the city's zoning code.
(65) All provisions of chapter 10 of this Code shall be applicable to an on -sale brewery
taproom license unless inconsistent with the provisions of this section.
Microdistillery cocktail room — on -sale license as used in section 10-9(11) of this Code means
the on -sale sale of distilled liquor produced by the distiller for consumption on the premises of
or adjacent to one a -distillery location owned by t11Lak distiller subject to compliance with the
conditions in Minn. Stat. § 340A.22 and the following conditions:
(1) The distiller has been issued a microdistillery license under Minn. Stat. § 340A.22.
(2) The distiller has not been issued any other microdistillery cocktail room license or an
on -sale brewery taproom license under Minn. Stat. §§ 340A.22 and 26 and does not have
an ownership interest in any distillery licensed under Minn. Stat. § 340A.301, subd. 6(a). A
microdistillery cocktail room lieense may not be co -located with a brewery taproom.
(3) The distiller must demonstrate the location of the microdistillery and ancillary cocktail
room is in compliance with all requirements of the city's zoning code.
(4) On sale Sunday sales of distilled liquor at a fniGM&tilieff
peFmitted.
(54) All provisions of chapter 10 of this Code shall be applicable to an on -sale
microdistillery cocktail room license unless inconsistent with the provisions of this section.
Microdisliller — o kale license as used in section 10-9 12 of this Code means the off=sale
sale of distilled liciuor produced and packaged by the distiller on the premises of or adjacent to
the microdisti]]M location owned by the distiller subject to corn liana: with the conditions in
Minn. Stat. § 340A.22 and the following conditions:
(1 The distiller has been issued a microdistillery license under Minn. Stat. § 340A.22.
2 The amount of distilled liquor sold at off -sale may not exceed one 375 milliliter bottle
per customer per day of product manufactured on site.
(3) No brand may be sold at the microdistillery—unless it is also available for distribution by
wholesalers.
Section 2. Section 10-7(2) is hereby amended to add the underlined text as follows:
(2) Number of off -sale licenses. The maximum number of off -sale intoxicating liquor licenses
which shall be issued by the city is four. This limit shall not apply to brewery taproom
licenses, or-brewpub off -sale licenses inicrodistiliery cocktail room licenses or
microdistillery cuff sale licenses. Brewery taproom off -sale licenses and microdistillery off -
sale licenses shall be limited to the number of qualifying breweries and microdistilleries,
respectively as defined in section 10-3 of this Code.
Section 3. Section 10-9, is hereby amended to repeal the stricken text and add the underlined text
as follows:
The council may issue the following licenses and permits, up to the number specified in
section 10-7 of this Code:
(1) 3.2 percent malt liquor on -sale licenses, which may be issued only to golf courses,
restaurants, hotels, clubs and bowling centers.
(2) 3.2 percent malt liquor off -sale license.
(3) Temporary 3.2 percent malt liquor on -sale licenses or temporary on -sale intoxicating
liquor licenses in connection with a social event within the city sponsored by the licensee
which may be issued only to 1) a club or a charitable, religious, or other nonprofit
organization in existence for at least three years, 2) a political committee registered under
Minn. Stat. § 10A.14, 3) a state university, or 4) a brewer who manufactures fewer than
3,500 barrels of malt liquor in a year and/or a microdistillery. The following conditions
apply to all temporary on -sale liquor licenses:
a. The license may authorize the on -sale of intoxicating liquor for not more than four
consecutive days, and may authorize on -sales on premises other than premises the
licensee owns or permanently occupies.
b. The license may provide the licensee to contract for intoxicating liquor catering
services with the holder of a full -year on -sale intoxicating liquor license issued by any
municipality and a caterer's permit issued by the state.
2
c. The license is subject to all laws and ordinances governing the sale of intoxicating
liquor as described in Minn. Stat. § 340A.404.
d. The council may issue to a brewer who manufactures fewer than 3,500 barrels of malt
liquor in a year or a microdistillery a temporary license for the on -sale of intoxicating
liquor in connection with a social event within the city sponsored by the brewer or
microdistillery.
(4) Off -sale intoxicating liquor licenses, which may be issued only to exclusive liquor
stores. The fee for an off -sale intoxicating liquor license shall not exceed the amount
permitted by Minn. Stat. § 340A.408, subd. 3, as it may be amended from time to time, and
as set forth in the city's fee schedule.
(5) On -sale intoxicating liquor licenses, which may be issued only to the following
establishments as defined by Minn. Stat. § 340A.101, as it may be amended from time to
time, and section 10-03 of this Code:
a. Hotels;
b. Restaurants;
c. Bowling centers;
d. Theaters;
e. Clubs or congressionally chartered veterans organizations. Club licenses may be
issued only with the approval of the commissioner of public safety. The fee for club
licenses shall not exceed the amounts provided for in Minn. Stat. § 340A.408, subd. 2(b)
as it may be amended from time to time.
(6) Sunday on -sale intoxicating liquor or wio licenses, as provided by Minn. Stat. §
340A. e mended koin time to , may be issued only to a
restaurant, bowling center, hotel, brewimb brewery taproom, or microdistillery cocktail
room meeting the definitional requirements of section 10-3 of this Code. as defined :n
section 10 3 of this GadevAHMAI IR-as a seating eapaeity ef at least 30 persons, which 110
nn--eii- sale -riitexicating 1i lieense,
Stat.with the seFyiee o ."'I'd. fee for- this heense shall not emeeed the maximu
,
time andas � et f i4h in the e fty', fee A ,.t,edule. The license fees are set forth in the city's fee
schedile-
(7) On -sale wine licenses, with the approval of the commissioner of public safety, may be
issued to restaurants that have facilities for seating at least 25 guests at one time and meet
the criteria of Minn. Stat. § 340A.404, subd. 5, as it may be amended from time to time,
and which meet the definition of "restaurant wine" in section 10-3 of this Code. The fee for
an on -sale wine license is set forth in the city's fee schedule and shall not exceed one-half
of the license fee charged for an on -sale intoxicating liquor license or $2,000.00, whichever
is less per Minn. Stat. § 340A.408, subd. 2(c). The holder of an on -sale wine license who
also holds an on -sale 3.2 percent malt liquor license is authorized to sell malt liquor with a
content over 3.2 percent (strong beer) without an additional license.
(8) Brewery taproom off -sale license for malt liquor may be issued only to those brewers
and breweries meeting the definitional requirements of section 10-3 of this Code.
3
(9) Brewery taproom on -sale license for malt liquor may be issued only to those brewers
and breweries meeting the definitional requirements of section 10-3 of this Code.
(10) Brewpub on -sale intoxicating liquor or on -sale 3.2 percent malt liquor license, with the
approval of the commissioner of public safety, may be issued to brewers who operate a
restaurant subject to the same conditions as defined in section 10-3 of this Code in their
place of manufacture and who meet the criteria established at Minn. Stat. § 340A.24, as it
may be amended from time to time. Sales of malt liquor under this license at on -sale may
not exceed 3,500 barrels per year. If a brewpub licensed under this section possesses an
Groff --sale licenseunder section 10 on) of thig Cod , the brewpub's total
combined retail sales of malt liquor at on -sale or off -sale may not exceed 3,500 barrels per
year, provided that off -sales may not total more than -59A750 barrels.
(11) Microdistillery cocktail room on -sale license for intoxicating liquor may be issued
only to those distillers and microdistilleries meeting the definitional requirements of
section 10-3 of this Code.
12) Microdistillery off -sale license for intoxicating liquor lnay be issued only to those
distillers and microdistilleries meeting the definitional requirements of section 10-3 of this
Code.
Section 4. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 27th day of January, 2020.
Kathi HeAken, Mayor
ATT ST:
Valerie Leone, City Clerk
(Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun -Post on February 6, 2020)
P:\Attomey\SAS\l Client Files\2 City of New Hope\99-82004 - Chapter 10 Liquor Code\Ordinance No. 20-04 - v2.doex
0
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Brandi Botts being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/Go1dV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of-
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 02/06/2020 and the last
insertion being on 02/06/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: --
Designated Agent
Subscribed and sworn to or affirmed before
me on 02/06/2020 by Brandi Botts.
Notary Public
MARLENE M MITCHELL
t
[
Notary Public
Minnesota
My Commission Expires
Jan 31, 2025
Rate Information:
;(1) Lowest classified rate paid by commercial users
/for comparable space:
$46.90 per column inch
Ad ID 1019233
CITY OF NEW HOPE
SUMMARY OF
ORDINANCE NO.20-04
AN ORDINANCE AMENDING
CHAPTER 10 OF THE
NEW HOPE CITY CODE
ALLOWING FOR ON -
SALE SUNDAY SALES
OF MALT LIQUOR AT
13REWERY TAPROOMS,
ON -SALE SUNDAY SALES
OF DISTILLED LIQUOR
AT MICRODISTILLERY
COCKTAIL ROOMS, AND
OFF -SALE INTOXICATING
LIQUOR SALES AT
MICRODISTILLERIES
Ordinance No. 20-04 amends
Chapter 10 of the New Hope City
Code to allow for on -sale Sunday
sales of malt liquor at brewery
taprooms, on -sale Sunday sales
of distilled liquor at microdistillery
cocktail rooms, and off -sale intox-
icating liquor sales at microdistill-
enes.
The full version of Ordinance
No. 20-04 is posted at www.ne-
whopemn.gov and is available for
inspection at the City Clerk's office,
4401 Xylon Avenue North, New
Hope, Minnesota.
Duly published notice for a pub-
lic hearing, and a public hearing
was held for Ordinance No.
20-04 at the New Hope Planning
Commission Meeting on January 7,
2020.
The above Ordinance was ad-
opted by the New Hope City Coun-
cil on January 27, 2020, and shall
become effective upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
February 6, 2020
1019233
ORDINANCE NO. 20-05
AN ORDINANCE AMENDING CHAPTER 3, BUILDING AND SIGN REGULATIONS,
OF THE NEW HOPE CITY CODE BY ADDING A NEW SECTION 3-35 RELATING
TO THE SALE OF AFFORDABLE RENTAL HOUSING AND ESTABLISHING
NOTICE AND RELOCATION ASSISTANCE REQUIREMENTS FOR NEW OWNERS
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Chapter 3, BUILDING AND SIGN REGULATIONS, is hereby amended
to add a new Section 3-35 Sale of Affordable Rental Housing; Notice and Relocation
Assistance Requirements by adding the underlined text as follows:
Sec. 3-35 - Sale of Affordable Rental Housing Nt iice and Relocation Assistance
Requirements.
a Definitions. The following definitions apply in this section of the Code.
(1) `Affordable_housinb building" means a multifamily rental housing building,
having three or more dwelling units, where: at least 20% of the units rent for an
amount that is affordable to households at or below 60 percent of area median
income, as median income was most recently determined by the United States
Department of Housing and Urban Development for the Minneapolis -St. PauI-
Bloomington, Minnesota- Wisconsin Metropolitan Statistical Area, as adjusted for
household size and number of bedrooms.
2 "Affordable_ housing unit" means a rental unit in an affordable housing building
that rents for an amount that is affordable to households at or below 60 percent of
area median income, as median income was most recently determined by the
United States Department of Housing and Urban Development for the
Minneapolis -St. Paul -Bloomington, Minnesota -Wisconsin Metropolitan Statistical
Area, as adjusted for household size and number of bedrooms.
3 "Cause" means the tenant or a member of the tenant's household material]
violated a term of the lease or violated an applicable federal, state or local law or
regulation.
(4) "Relocation assistance" meansa pUment in the amount egtnal to three months of
the current contract rent charged to the tenant.
(5) "'Tenant protection period" means the period that commences on the date when a
real estate closing transfers ownership of an affordable housing building and runs
through the end of the three calendar months following the: month in which
written notice of the transfer is sent to each affordable housing unit tenant
pursuant to subsection (b) of this section.
(b) Notice Upon Transfer of Owne►sNp. Whenever ownership of an affordable housing
build is transferred, the new owner shah, within thirty (30) days after the date on
which a real estate closing transfers ownership of the affordable housing building,,
give written notice to each affordable housing unit tenant of the building that the
propeily is undcr new ownership. The notice must include the following information:
(1) The name, mailing address, and telephone number of the new owner.
(2) The following statement: New Hope City Code Section 3-35 provides for a three
month tenant protection period for affordable housing unit tenants after an
affordable housing building is transferred to a new owner. Under Section 3-35,
affordable housing unit tenants are entitled to relocation assistance from the new
owner if, during the tenant protection period, the new owner:
a. Without cause, terminates or does not renew the tenant's lease;
b. Raises the rent and the tenant submits a written notice of termination of their
lease; or
c. Requires existing affordable housin; unit tenants to comps with new residency
screening criteria and the owner terminates the tenant's lease.
(3) Whether there will be any rent increase during the tenant protection period, the
amount of the rent increase and the date the rent increase will take effect.
4 Whether the new owner will require existing affordable housing unit tenants to
compty with new resideii cy screeii i tig criteria duri ng the tenant protection period
and, if so, a goy -of the new screciiing criteria.
(5) Whether the new owner will, without cause, terminate or not renew the tenant's
lease during the tenant protection period, and, if so, the date the lease will
terminate and the amount of relocation assistance that will be provided.
6 The date the tenant protection period will expire.
7 Whether the new owner, after the tenant protection period expires, intends to:
increase rent-, require existing affordable housing unit tenants to comply with
new residency screening criteria; or, without cause, ternihiate or not renew
affordable housinp, unit leases and, if so, when the new owner intends to take
such actions.
(c) Amended notice required. If a new owner decides to take action during the tenant
rotection period that is different than the action described in the notice r uired
under subsection (b), the owner must send the impacted tenant or tenants an amended
notice describinp, the modified action and the timing for the same.
(d) Copy of notices to City. The new owner shall provide a copy of the notices required
by this Subsection to the City at the same time notice is_proyided to the tenant or
tenants.
(e ) Copy of Rent Roll to the City. If the new owner claims the property or the unit clots
not meet the definition of Affordable Housing Building or Affordable Housin Unit
ppon request, the owner shall provide a copy of the rent roll, including the amount of
contract rents .paid by tenants, to the City.
ff ) Relocalion Assistance
(1) When required. Anew owner of an affordable housing building must pa
relocation assistance to of fordable housing unit tenants when, during the tenant
protection period, the new owner:
a. Without cause. terminates or does not renew the tenant's lease: or
b. Raises the rent and the tenant submits a written notice of termination of
lease; or
c. Requires existing tenants to comply with new residency screening criteria and
the owner terminates the tenant's lease.
(2) When paid. The new owner must pav the relocation assistance to the tenant
within 30 days after receiving tenant's written notice of termination of the lease or
within 30 days after the owner notifies the tenant that the lease will be terminated
or not renewed.
(g) Penalty.
(11) A violation of subsection (f) of this section is an administrative offense that may
be subject to an administrative citation and civil penalties as provided in City
Code Section 2-60. Notwithstanding any provision of City Code Section 2-60, the
penalty for a violation of subsection of this section shall be the swn of the
applicable amount of relocation. assistance plus S500.
(2) A violation ofsubsection (b) of this section is an administrative offense that may
be subject to an administrative citation and civil penalties as provided in City
Code Section 2-60.
(3) A violation of this section as to each dwelling unit shall constitute a separate
offense.
(h) Paynient by Cityto o Displaced Tenant. Within thirty (30) days after a person pans the
penalty_ provided for in subsection (,g) of this section to the city, the city shall pav to
the displaced tenant of the affordable housing unit for which the violation occurred,
the applic:able_amotint of relocation assistance.
Section 2. Effective Date. This ordinance shall be effective upon passage and
publication.
APPROVED by the New Hope City Council this 13th day of ,January 2020.
Kathi He ken, Mayor
ATTEST:
,LA*—
Valerie Leoiii , City Clerk
P:`,Attorney\SAS\l Client Files\2 City of New Hope\99-81828 Affordable Housing Tenant Protection\Protection of Tenants in Affordable
Housing.doex
4
SUMMARY OF ORDINANCE NO. 20-05
AN ORDINANCE AMENDING CHAPTER 3, BUILDING AND SIGN REGULATIONS,
OF THE NEW HOPE CITY CODE BY ADDING A NEW SECTION 3-35 RELATING
TO THE SALE OF AFFORDABLE RENTAL HOUSING AND ESTABLISHING
NOTICE AND RELOCATION ASSISTANCE REQUIREMENTS FOR NEW OWNERS
Ordinance No. 20-05 amends Chapter 3 of the New Hope City Code establishing requirements for the sale
of affordable rental housing.
The full version of Ordinance No. 20-05 is posted at www.newhopemn.gov and is available for inspection
at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota.
The Ordinance was adopted by the New Hope City Council on January 13, 2020, and shall become effective
upon publication.
Valerie Leone
City Clerk
(published in the New Hope — Golden Valley Sun Post on January 23, 2020)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
,,Brandi Botts being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 01/23/2020 and the last
insertion being on 01/23/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
•remises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 01/23/2020 by Brandi Botts.
Notary Public
DARLENE MARIE MACPHERSON
Notary Public
Minnesota
MY Commission Exiles Janaafy 31, 2024
Rate Information:
(1) Lowest classified rate paid by commercial users
comparable space:
/ $46.90 per column inch
Ad ID 1014591
CITY OF NEW HOPE
SUMMARY OF
ORDINANCE NO.20-05
AN ORDINANCE AMENDING
CHAPTER 3, BUILDING
AND SIGN REGULATIONS,
OF THE NEW HOPE CITY
CODE BY ADDING A NEW
SECTION 3-35 RELATING TO
THE SALE OF AFFORDABLE
RENTAL HOUSING AND
ESTABLISHING NOTICE AND
RELOCATION ASSISTANCE
REQUIREMENTS FOR
NEW OWNERS
Ordinance No. 20-05 amends
Chapter 3 of the New Hope City
Code establishing requirements for
the sale of affordable rental hous-
ing.
The full version of Ordinance
No. 20-05 is posted at www.
oewhopemn.aov and is available
for inspection at the City Clerk's
office, 4401 Xylon Avenue North,
New Hope, Minnesota.
The Ordinance was adopted by
the New Hope City Council on Jan-
uary 13, 2020, and shall become
effective upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
January 23, 2020
1014591
ORDINANCE NO. 20-06
AN ORDINANCE AMENDING CHAPTER 11, TRAFFIC REGULATIONS AND
CRIMINAL AND MISCELLANEOUS OFFENSES BY ADDING A NEW
SECTION 11-11(i) ACCESS TO MULTI -DWELLING UNIT BUILDINGS BY
UNITED STATES CENSUS BUREAU EMPLOYEES
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Chapter 11, TRAFFIC REGULATIONS AND CRIMINAL AND
MISCELLANEOUS OFFENSES, is hereby amended to add a new Section 1141
Miscellaneous offenses (i) Access to Multi -dwelling unit buildings by United States Census
Bureau employees by adding the underlined text as follows:
Sec. 11-11 (i) Access to Multi -dwelling unit buildings by United States Census Bureau
employees.
(1) Declaration of Purpose.
a. The United States Constitution directs a decennial census count of all persons living
in the United States.
b. Complete, accurate census data is of critical importance to all residents of the city for
equal political representation, fair distribution of federal and state funding, and sound
planning and investment in infrastructure, real estate, business development, and
public policy and programming.
c. During the decennial census, the United States Census Bureau conducts Non -
Response Follow-up Operations (NRFU), when employees of the United States
Census Bureau visit households that have not yet submitted a census form.
d. Renters and others who live in multi -dwelling unit buildings have historically been at
higher risk of being undercounted in the decennial census, with the number of renter
households in an area being the most influential variable affecting an area's census
self -response rate; in other words, the more renters in an area, the lower the self -
response rate of that area.
e. The risk of an undercount is compounded in areas with high concentrations of
communities that have been consistently undercounted in the past and who are more
likely to be renters, including low-income households, communities of color, Native
American/American Indian communities, immigrants and refugees, and young
people.
f. Multi -dwelling unit buildings can be difficult for Census Bureau employees to enter
due to security barriers.
g. It is critical that Census Bureau employees have access to multi -dwelling unit
buildings during the decennial census, so they can reach households that have not yet
participated.
h. 13 U.S. Code §223 authorizes Census Bureau employees to access "any hotel,
apartment house, boarding or lodging house, tenement, or other building."
(2) It is unlawful for a person, either directly or indirectly, to deny access to an apartment
building, condominium, dormitory, nursing home, manufactured home park, other multi-
dwelling unit building used as a residence, or an area in which one or more single-family
dwellings are located on private roadways, to employees of the United States Census
Bureau who display current, valid Census Bureau credentials and who are engaged in
official census counting operations during the Census Bureau's standard operational
hours of 9:00 a.m. to 9:00 p.m. (local time) during the decennial census.
(3) Census Bureau employees granted access must be permitted to leave census materials in
an orderly manner for residents at their doors, except that the manager of a nursing home
may direct that the materials be left at a central location within the facility.
(4) This ordinance does not prohibit:
a. denial of admittance into a particular apartment, room, manufactured home, or
personal residential unit;
b. denial of permission to visit certain persons for valid health reasons, in the case of a
nursing home or a Registered Housing with Services Establishment providing
assisted -living services meeting the requirements of Minn. Stat. § 144G.03, subd. 2;
c. limiting visits to a reasonable number of Census Bureau employees;
d. requiring a prior appointment or notification to gain access to the structure; or
e. denial of admittance to or expulsion of an individual employee from a multi-
dwelling unit building for good cause.
(5) A violation of subsection (i) of this section is an administrative offense that may be
subject to an administrative citation and civil penalties as provided in City Code Section
2-60'.
Section 2. Effective Date. This ordinance shall be effective upon passage and publication
APPROVED by the New Hope City Council this 91h day of March, 020.
Kathi Hemken, Mayor
ATTEST:
alerie Leone, City Clerk
SUMMARY OF ORDINANCE NO.20-06
AN ORDINANCE AMENDING CHAPTER 11, TRAFFIC REGULATIONS AND
CRIMINAL AND MISCELLANEOUS OFFENSES BY ADDING A NEW
SECTION 11-11(i) ACCESS TO MULTI -DWELLING UNIT BUILDINGS BY
UNITED STATES CENSUS BUREAU EMPLOYEES
Ordinance No. 20-06 amends Chapter 11 of the New Hope City Code to require that multifamily
property owners/managers allow census workers access to their buildings during the decennial
census.
The full version of Ordinance No. 20-06 is posted at www.newhopemn.gov and is available for
inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota.
The above Ordinance was adopted by the New Hope City Council on March 9, 2020, and shall
become effective upon publication.
Valerie Leone
City Clerk
(Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun -Post on March 19, 2020)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
`randi Botts being duly sworn on an oath,
.ates or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/CrystaYNewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 03/19/2020 and the last
insertion being on 03/19/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 03/19/2020 by Brandi Botts.
~ Notary Public
" "' .y DARLENE MAR1E MACPHERSON
Notary Public
Minnesota
Mj Commsm Eyes January 31, 2024
-�^-�+-�:-..•-f,,r..�es�-per•-s�• ..
Rate Information:
0) Lowest classified rate paid by commercial users
for comparable space:
$46.90 per column inch
CITY OF NEW HOPE
SUMMARY OF
ORDINANCE NO.20-06
AN ORDINANCE
AMENDING CHAPTER 11,
TRAFFIC REGULATIONS
AND CRIMINAL AND
MISCELLANEOUS
OFFENSES BY ADDING
ANEW SECTION
11-11(I) ACCESS TO
MULTI -DWELLING UNIT
BUILDINGS BY UNITED
STATES CENSUS
BUREAU EMPLOYEES
Ordinance No. 20-06 amends
Chapter 11 of the New Hope City
Code to require that multifamily
property owners/managers allow
census workers access to their
buildings during the decennial cen-
sus.
The full version of Ordinance
No. 20-06 is posted at www.
newhopemn.gov and is available
for inspection at the City Clerk's
office, 4401 Xylon Avenue North,
New Hope, Minnesota.
The above Ordinance was ad-
opted by the New Hope City Coun-
cil on March 9, 2020, and shall
become effective upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
March 19, 2020
1030256
Ad ID 1030256
ORDINANCE NO.20-07
AN ORDINANCE AMENDING SECTIONS 3-2, 3-22 AND 3-30 OF THE
NEW HOPE CITY CODE RELATING TO ADOPTION OF
2018 INTERNATIONAL BUILDING -RELATED CODES
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 3-2, Building Code is hereby amended to repeal the strikeouts and add the
underlined text as follows:
(a) State building code adopted. The Minnesota State Building Code identified as MSBC
and established pursuant to Minn. Stat. §§ 326B.101 to 326B.1974-and published in
Minnesota Rules Chapters 1300 through 1370 and incorporating the Minnesota Plumbing
Code Chapter 4715 of Minnesota Rules is hereby adopted by reference and shall be
administered and enforced as the building code of the city. The MSBC is hereby
incorporated in this Code as if set out in full, including the following specifications in
subsections 3-2(a)(1) through 3-22(d) of this Code.
(1) e. Chapter 1305 Adoption of the 20182442 International Building Code (hereafter
IBC). The adoption of this chapter specifically includes IBC Mandatory Chapters 2
through 33 and 35 except as qualified by the applicable provisions in Minnesota Rules
Chapter 1300 and as amended by Minnesota Rules Chapter 1305.
g. Chapter 1309 Adoption of the 2018244-2 International Residential Code (hereafter
IRC). The adoption of this chapter specifically includes the IRC Chapters 2 through 10,
44, Section P2904, and Appendix K, except as qualified by the applicable provisions in
Minnesota Rules; Chapter 1300, and as amended by Minnesota Rules Chapter 1309.
h. Chapter 1311 — Rehabilitation of Existing Buildings. For the purposes of this
chapter, "IEBC" means the 201829Q edition of the International Existing Building
Code as promulgated by the International Code Council (ICC), Washington, D.C. The
adoption of this chapter incorporates by reference IEBC chapters 2 to 16 as
incorporated into the Minnesota State Building Code, except as qualified by the
applicable provisions in Minnesota Rules Chapter 1300, and as amended by Minnesota
Rules Chapter 1311.
o. Chapter 1346 Adoption of the 20182012 International Mechanical and Fuel Gas
Codes.
(3) b. Adopted by reference. The Minnesota State Building Code incorporates by
reference the National Electrical Code (NEC) pursuant to Minnesota Rules
§ 1315.02000M. The NEC, as adopted by the Minnesota State Building Code, shall
constitute the electrical code of the city.
Section 2. Section 3-22 is hereby amended to repeal the strikeouts and add the underlined text as
follows:
(c) Adopted code and rules on file. One copy of the 2018294-2 IBC and IRC and one
copy of the current Minnesota State Building Code, each marked as the official copy
are filed for use and examination by the public in the office of the city clerk as
provided by Minn. Stat. §471.62.
Section 3. Section 3-30, Property maintenance code is hereby amended to repeal the strikeouts
and add the underlined text as follows:
(d) Code adopted. The International Property Maintenance Code, 201824P edition, as
published by the International Code Council, is adopted as the property maintenance
code of the city, for the control of buildings and structures as provided in this section,
and each and all of the definitions, regulations, provisions, penalties, conditions and
terms of such code are referred to, adopted and made a part of this section as if fully
set out in this section, with the additions, insertions, deletions and changes as set forth
in subsection (e) "Revisions" of this section.
Section 4. That if any section, subsection, sentence, clause or phrase of this Ordinance is, for
any reason, held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance.
Section 5. That nothing in this Ordinance or in the Property Maintenance Code hereby
adopted shall be construed to affect any suit or proceeding pending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action acquired or existing, under any
act or ordinance hereby repealed as cited herein; nor shall any just or legal right or remedy of
any character be lost, impaired or affected by this Ordinance.
Section 6. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 9 th day of March, 2020.
ATTEST
Valerie Leone, City Clerk
P:\Attomey\SAS\l Client Files\2 City of New llope\99-82007
Building Code Amendment\Ordinance 20-07 - Building Code
Changes.doex
Kathi Hem , ayor
2
SUMMARY OF ORDINANCE NO.20-07
AN ORDINANCE AMENDING SECTIONS 3-2, 3-22, AND 3-30 OF THE NEW HOPE
CITY CODE RELATING TO ADOPTION OF
2018 INTERNATIONAL BUILDING -RELATED CODES
Ordinance No. 20-07 amends Chapter 3 of the New Hope City Code to adopt 2018 versions of the
International Building Code, International Residential Code, International Mechanical Code,
International Fuel Gas Code, and International Property Maintenance Code.
The full version of Ordinance No. 20-07 is posted at www.newhopemn.gov and is available for
inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota.
The above Ordinance was adopted by the New Hope City Council on March 9, 2020, and shall
become effective upon publication.
Valerie Leone
City Clerk
(Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun -Post on March 19, 2020)
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Rrandi Botts being duly sworn on an oath,
sates or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/Go1dV
with the known office of issue being located
in the county of-
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 03/19/2020 and the last
insertion being on 03/19/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
)adjoining the county where the mortgaged
'premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: �2*ZL
Designated Agent
Subscribed and sworn to or affirmed before
me on 03/19/2020 by Brandi Botts.
Notary Public
"""' DARME' MARIE MACPHEi MOO
Notary Public
= Minnesota
'boy Commission Dom January 31, 2024
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$46.90 per column inch
Ad ID 1030258
CITY OF NEW HOPE
SUMMARY OF
ORDINANCE NO.20-07
AN ORDINANCE AMENDING
SECTIONS 3-2, 3-22, AND
3-30 OF THE NEW HOPE
CITY CODE RELATING
TO ADOPTION OF 2018
INTERNATIONAL BUILDING -
RELATED CODES
Ordinance No. 20-07 amends
Chapter 3 of the New Hope City
Code to adopt 2018 versions of the
International Building Code,
International Residential Code,
International Mechanical Code,
International Fuel Gas Code, and
International Property Maintenance
Code.
The full version of Ordinance
No. 20-07 is posted at www.
newhopemn.gov and is available
for inspection at the City Clerk's
office, 4401 Xylon Avenue North,
New Hope, Minnesota.
The above Ordinance was ad-
opted by the New Hope City Coun-
cil on March 9, 2020, and shall
become effective upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
March 19, 2020
1030258
ORDINANCE NO.20-08
AN ORDINANCE AMENDING SECTION 8-7 OF THE NEW HOPE CITY CODE
REGULATING SALE OF TOBACCO & RELATED PRODUCTS
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 8-7, Tobacco and related products is hereby amended to repeal the strikeouts
and add the underlined text as follows:
(a) Definiriow and inreipi -•tabors.
1 Child -resistant acka in . Packaging that meets the definition set forth in Code of
Federal Regulations, title 16 section 1700,15 b as in effect on January 1 2015 and was
tested in accordance with the method described in Code of Federal Regulations, title 16,
section 1700.20 as in effect on January 1 2015.
2 Cigar. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance
containing tobacco with or without a tip or mouth iece which is not a cigarette as
defined in Minn. Stat. §297F.01,_subd. 3, as may be amended from time to time.
3 Compliance_ checks. The system the city uses to investigate and ensure that those
authorized to sell licensed products are following; and complying; with the requirements of
this ordinance. Compliance checks involve the use of persons under the age of 21 who
purchase or attempt to pyrchase licensed Rroducts. Compliance checks may also be
conducted by the city or other units of government for educational research and trainin ,
pulposes or for investigating or enforcing federal state or local laws and regulations
relating to licensed products.
4 Electronic delivery devices. Any Droduct containing or delivering nicotine lobelia or
any other substance, whether natitraI orsynthetic, intended for human conwill tion
throu h the inhalation of aerosol or vapor from the product. Electronic delivery device
includes but is not limited to devices manufactured marketed or said as a-ci arettes e-
cigars, e-pies, vape pen-s. mods, tank systems, or under any other product name or
descriptor. Electronic delivery device includes any component Dart of a product, whether
or not marketed or sold separately. Electronic delivery device does not include any
product that has been approved or certified by the U.S. Food and Drug -Administration for
sale as a tobacco -cessation product, as a tobacco -de endence product, or for other
medical purposes, and is marketed and sold for such an approved purpose.
5 Flavored prodUct. Any licensed product that contains a taste or smell other than the taste
or sinell of tobacco, menthol, mint or wintergreen that is distinguishable by an ordinary
consumer either prior to or during the cansumption of the product, including,, but not
limited to anv taste or smell relating to chocolate cocoa vanilla honcy, fruit or an
candy, dessertalcoholic beverage, herb ors ice. A public statement or claim, whether
express or implied, made or disseminated by the manufacturer of a licensed product, or
by aay_ lie authorized or permitted by the manufacturer to make or disseminate public
statements conccming such products, that a product has or produces a taste or smell other
than a taste or smell of tobacco will constitute presumptive evidence that the product is a
flavored product.
6 Indoor area. All space between a floor and a ceiling that is bounded by wails doorwa s
or windows whether ❑ en or closed covering more than 50 percent of the combined
surface area of the vertical planes constituting the perimeter of the area. A wall includes
any retractable divider Tara a door tfr other physical barrier, whether temporary or
permanent.
7 Licensed products. The term that collectively refers to any tobacco tobacco -related
device, electronic delivery device, or nicotine or lobelia delivery product.
(8) Loosies. The common term used to refer to single cigarettes, cigars, and any other
licensed product that have been removed from their original retail Packaging and offered
for sale. Loosies does not include premium cigars that are hand -constructed have a
wrapper made entirely from whole tobacco leaf, and have a filler and binder made
entirely of tobacco. except for adhesives or other materials used to maintain size texture
or flavor.
9 Moveable place of business. Any form of business that is a erated out of a kiosk truck
van automobile or other t e of vehicle or transportable shelter and not a fixed address
store front or other pennanent type of structure authorized for sales transactions.
to Nicotine or lobelia delivery Rroduct. Anyproduct containing, or deliverin
nicotine or lobelia intended for human consumption, or any part of such a product, that is
not a tobacco or an electronic delivery device as defined in this section. Nicotine or
lobelia delivery product does not include any product that has been approved or
otherwise certified for le al sale by the U.S. Food and Drug Administration as a tobacco -
cessation product, a tobacco -dependence product, or for other medical purposes, and is
being marketed and sold solely for that approved purpose.
1 1 Phannac . A Rlace of business at which prescription drug,-, are pMared,
compounded, or dispensed by or under the supervision of a phannacist and from which
related clinical pharmacy services are delivered.
12 Retail establishment. Any place of business where licensed Products are available
for sale to the general public. The phrase includes but is not limited to grocery stores
Tobacco Products Shops, convenience stores asoline service stations hannacies bars
and restaurants.
13 Sale. Any transfer of goods for money, trade barter or other consideration.
(14) Self-service display. The open display of licensed _products in any manner where
any.person has access to the licensed prodUCtS without the assistance or intervention of
the licensee or the licensee's employee. The assistance or intervention shall entail the
actual physical exchange of the licensed product between the customer and the licensee
or employee.
15 Smoking. Inhaling,exhaling, burning, or carrying any lighted or heated ci ar
cigarette, or i e or any other lighted or heated product containing,made or derived
from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is
intended for inhalation. Smoking; also includes carrying or using an activated electronic
delivery device.
i94 6 Tobacco. Any product containing, made or derived from tobacco that is intended
for human consumption, whether chewed smoked absorbed dissolved inhaled snorted
sniffed or ingested by any other means or any component, art or accesso of a
tobacco product including but not limited to cigarettes; cigars, cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff
flour; cavendish;l2lug and twist tobacco; fine cut and other chewing, tobaccos; shorts;
refuse scraps, clippings, cuttings and sweepings of tobacco; Bald other kinds and forms of
tobacco. Tobacco does not include any product that has been approved by the U.S. Food
and Drug Administration for sale as a tobacco -cessation product, as a tobacco -
dependence product, or for other medical purposes, and is being marketed and sold solelx
for such an approved purpose;
] 7 Tobacco products shop. A retail establishment that:
a. Prohibits persons under 21 from entering at all times,•
b. Derives at least 90 percent of its goss revenues from the sale of licensed
prod ucts; and
c. Meets all of the following building or structural criteria:
i. Shares no wall with, and has no part of its structure adjoined to any other
business or retailer, unless the wall is permanent, completely opaque, and
without doors windows or ass-throu hs to the other business or retailer-
ii. Shares no wall with and has no part of its structure directly adioined to another
licensed tobacco retailer; and
iii. Is accessible by the public only by an exterior door.
18 Tobacco -related device. Any. rolling papers, wraps, pipes, or other device
intention,alIV designed or intended to be used with tobacco products. Tobacco -related
device includes components of tobacco -related devices or tobacco products, which ma
be marketed or sold separately. Tobacco -related devices may or may not contain tobacco.
1 Vending machine. Any mechanical, electric or elcctronic, or other type of device
that dispenses licensed products upon the insertion of money, tokens, or other form of
payment directly into the machine by the person seeking to purchase the licensed product_
(ba) License require�.
{ i) License required. No person shall sell or offer to sell any licensed product without first
having obtained a license to do so from the city pursuant to this ordinance.
2 Application. An application for a license to sell licensed prodUCtS must be made on a
fonn provided by the city. The application must contain the full name of the applicant,
the a licant's residential and business addresses and telephone numbers the name of the
business for which the license is sought, and any additional information the city deems
necessary. Upon on receipt of a completed a lication the City Clerk will forward the
application to the City Council for action at its next regularly scheduled meetin . If the
City Clerk determines that an application is incoml2letc, it will be returned to the
applicant with notice of the infonnation necessary to snake the application complete.
directly, by op-iR Ruiphime, or. othefwise, l(eep for- retail sale, siell at izetail, or- othepwift
dispose of, any cigarelt
, ,
the -et
Code
3 Action. The City Council may approve or deny the application for a license, or it may
delay action for a reasonable period of time to complete any investigation of the
application or the aqpplicant deemed necessary, If the City Council approves the
application, the City Clerk will issue the license to the applicant. If the City Council
denies the aVplication, notice of the denial will be given to the applicant along with notice
of the applicant's ri hg _t to appeal the decision.
4 Tenn. All licenses issued are valid through the end of the respective calendar year in
which the license was issued.
(5) Revocation or suspension. Any license issued may be suspended or revoked following
the procedures set forth in subsection
G Transfers. All licenses issued are valid only on the premises for which the license was
issued and only for the person to whom the license was issued. The transfer of any
license to another location or person is prohibited.
7 Display. All licenses must be osted and dis pla ed at all times in plain view of the
general public on the licensed premises.
8 Renewals. The renewal of a license issued under this ordinance will be handled in the
same manner as the ori P-inal application_
9 Issuance as privilege and not a right. The issuance of a license is a privilwc and does not
entitle the license holder to an automatic renewal of the license.
(10) Minimum clerk age. Individuals_employcd by a licensed retail establishment
under this ordinance must be at least 18 years of axe to sell licensed products.
0 1) Maximum number of licenses. The maximum number of licenses issued by the
city at any time is limited to 21. When the maxinium number of licenses has been issued.
the city may place persons seeking_licensure on a waiting list and allow them to apply on
a first -corns first -served basis as licenses are not renewed or are revoked. A new
applicant who has purchased a business Ideation holding a valid city license will be
entitled to first rioijty, provided the new a licant meets all other application
retluirements in accordance with this ordinance.
isti al to
and
aff , - _ _
12 Smoking prohibited- Smoking is prohibited within the indoor area of any retail
establishment licensed under this ordinance with the sole exception of smoking of
samples only in Tobacco Products Shops.
(13) Samples prohibited. No person shall distribute samples of any licensed product
free of charge or at a nominal cost, except that Tobacco Products Shops may distribute
samples For a reasonable cost,
U License fee. No license will be issued under this ordinance until the a ro riate license fees
are paid in full. The annual fee for such tobacco license shall be as set forth in the cites
schedule and may be amended from time to time.
(d) Basis for denial of license.
1 Grounds for denying the issuance or renewal of a license include but are not limited to
the following,:
a. The applicant is under 21 years of age.
b. The applicant has been convicted within the past five nears of any violation of a
federal, state, or local law, ordinance provision, or other regulation relating to licensed
products.
c. The applicant has had a license to sell licensed products suspended or revoked within
the recedin 12 months of the date of application,
d. The a licant fails to provide any of the information required on the licensin
application, or provides false or misleading information.
e. The retail establishment for which the license is requested is a moveable place of
business. Only fixed -location businesses are eligible to be licensed.
f. The applicant is prohibited by federal state or other local law, ordinance or other
regulation from holding a license.
Q Except as may otherwise be provided by law, the existence of any particular ground for
denial does not compel the city to deny the license.
3 If a license is mistaken1v issued or renewed to a person, it will be revoked upon the
discovery that .the person was ineligible for the license under this ordinance. The city will
provide the license holder with notice of the revocation, along with information on the right
to appeal.
(eb) Prohihited
Win general - No person shall sell or offer to sell any licensedproduct:
a. By means of any type of vending; machine.
b. By means of loosies as defined.
C. Containing opium, morphine, jimson weed, bells donna, strychnos, cocaine,
mari'uana or other deleterious hallucinogenic, toxic or controlled substances except
nicotine and other substances found naturally in tobacco or added as part of an otherwise
lawful manufacturing process. It is not the intention of this provision to ban the sale of
lawfully manufactured cigarettes or other products subject to this ordinance.
d. By any other means to any other person, or in any other manner or form
rohibited by federal state or other local law, ordinance provision, or other regulation,
2 Le al age. No person shall sell any licensed product to any person under the awe of 21.
a. Age verification. Licensees must verify by means of government -issued
photographic identification that the purc]�aser is at least 21 years of age. Verification is
not required for a person over the age of 30. That the person appeared to be 30 years of
a e or older does not constitute a defense to a violation of this subsection.
b. Signage. Notice of the legal sales age and age verification requirement must be
posted prominently and in plain view at all times at each location where licensed
products are offered for sale. The requiredsig<,age, which will be provided to the
licensee by the city, must in a manner that is clearly visible to anyone who is
or is considering making a purchase.
l )_ , or- otherwise funiisli any cigarette, eigiwette
(2) :Nw:eetie dFtigs. No peam-Aff, -;I;-A" keep Rei- sale, sell, or dispose of an), eigaf:ette, oF odw
n =r`fee`'o, bellader'rFlRa,, st-1N,eeoaine, m " �fly other deletenaus or- poisonous drug, except ��lizi�
.
(3) Vending machine. No per -son shall sell or di I . :ebaeee preduet thi:oagh the 11,;
ex-
(34) Self-service merchandising. No person shall allow the sale of licensed products e
for sale OF dispense a E..k eee Fed ,F by means of self-service dis la
All licensed products must be stored behind the sales counter, in a locked case, in a
storage unit or in another area not freely accessible to the general public. This matroshall not apply to Fetail stores whieh derive at least 90 pereent of theiF fevemue fi-Oin
eeftifted pu E; aceountant that both tetal gross sales and total ,;,Ile,,, fi"Ani t'I)bflkreO
or- miated rffidtletS. Said statement !!!List a'SO be filed wifli the city Cler-k year!), on of
(4) _Flavored products. No person shall sell or offer for sale any flavored products. This
prohibition does not apply to the sale of flavored products that contain a taste or smell
of inentho_l, mint or wintergreen, distinguishable by an ordinary consumer either prior to
or during the consumption of the product. This prohibition does not a ly to Tobacco
Products Shops.
(5) Liquid Packaging. No person shall sell_ or offer to sell any liquid, whether or not such
fi uid contains nicotine which is intended for human consumption aitd use in an
electronic delivery service in -packaging that is not child -resistant. U on re uest by the
city,' a licensee must provide a co of the certificate of compliance or full laborator
testing report for the packaging used.
Lft_f-5)-_ResI;on.vibilitlAg+npk*yee—A*4atiom. Every licensee shall be responsible for the conduct
of its employees in while on die licensed pfemises and regard to the af)y sale, offer to sell,
and furnishing of licensed nroducts on the licensed premises. The sale offer to sell or
furnish iji n o f aai 1 icensed rodrict by an employee
a .,..• son tiRder 18 years of age shall be considered an act of the licensee for purposes of
imposing an administrative fine, license suspension or revocation. Nothing in this section
shall be construed as prohibiting; the city from also subjecting the employee to any civil
penalties that the city deems to be appropriate under this ordinance. state or federal law, or
other applicable law or regulation.
ation.
(ge) Compliance monitoring. The police department shall conduct unannounced compliance
checks at least once each calendar year at each location where tobacco pnoduets licensed
products are sold within the city. All licensed premises must be open to inspection by. law
enforcement officials durinp- re--ular business hours. In accordance with state law, the city
will conduct at least one compliance check that involves the participation of one person
between the ages of 17 and 20 to enter licensed premises to attempt to purchase licensed
products. Prior written consent is required for amy person under the age of 18 to patticipats;
in a compliance check. Persons used for the purpose of coinvliance cheeks will be
supervised by law enforcement or other designated ersorinel. 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
licensees. The police department shall make an annual report to the city council on the
compliance checks conducted pursuant to this section.
Other prohihiteci acts.
(I)Prohibited furnisliin J or procurement. It is a violation of this ordinance for any 12erson 21
years of age or older to purchase or otherwise obtain any licensed product on behalf of a
erson under the age of 21. It is also a violation for any person 21 years of age and older
to coerce or attempt to coerce a 12erson under the a ge of 21 to ilinally purchase or
attempt to purchase any licensed product.
(2)Use of false identification. It is a violation of this ordinance for any person to use an
form of false identification whether the identification is that of another person or has
been modified or tampered witli to represent an age older than the actual age of the
person using that identification.
L ,ceptions aixdcle}ense.s.
(1) Religious, ous, Spiritual, or cultural ceremonies or practices. Nothing in this ordinance
prevents the provision of tobacco or tobacco -related devices to any person as part of an
indigenous -practice or a lawfully_recogmized religious, spiritual, or cultural ceremony or
practice.
2 Reasonable reliance. It is an affirmative defense to a violation of tills ordinance for a
erson to have reasonably relied on proof of age as described by state law.
(ff) Violations and penalties. in add tion to being pilty of a mirdemead,m; eFF319A klieiat+r�81
WO Violations
a. Notice. A pemon violating, this ordinance may be issued either personally or b
mail, a citation from the city that sets forth the alleged violation and that informs the
alleged violator of his or her right to a hearing on the matter and how and where a
hearing may be requested, including a contact address and phone number
b. Hearings.
1. Upm issuance of a citation, a person accused of violating this ordinance
mayrequest in writing a hearing on the matter. Hearing requests must be
made within 10 business days of the issuance of the citation and delivered
to the City Clerk or other designated city officer. Failure to properly
request a hearing within 10 business days of the issuance of the citation
will terminate the person's right to a hearing.
2. The City Clerk or other designated city officer will set the time and place
for the hearing. Written notice of the hearing time and place will be
mailed or delivered to the accused violator at least 10 business days prior
to the hearing.
c. Hearing officer. The City Council will designate a hearing_ officer. The hearing
officer wi{l be an immpartial employ of the city or an impartial person retained by
the city to conduct the hearing_
d. Decision. A decision will be issued by the hearing officer within 10 business days
the hearing. If the hearing officer determines that a violation of this ordinance did
occur, that decision, along with the hearing officer's reasons for finding a violation
and the penalty to be imposed, will be recorded in writing, a copy of which will be
provided to the city and the accused violator by in -person delivery or mail as soon as
practicable. If the hearing officer finds that no violation occurred or finds uounds
for not imposing any penalty, those findings will be recorded and a copy will be
provided to the city and the acquittcd accused violator by in -person delivery or mail
as soon as practicable. The decision of the hearing officer is final, subject to an
appeal as described in subsection 1 of this section.
e. Costs. If the citation is upheld by the hearing officer, the cit 's actuaI expenses in
holding the hearing up to a maximum of $1,000 must be paid by the person
requesting the hearing.
f. Appeals. Appeals of any decision made by the hearing officer must be filed in
Hennepin County district court within 10 business days of the date of the decision.
a. Continued violation. Each violation and every day in which a violation occurs or
continues, shall constitute a separate offense.
h. Revocation. The city council has the authority to revoke any license as set out in
section 8-2 of this Code notwithstanding the provisions of this section re ardin
violations.
(22)Administrative civil penalties.:
—ra
dividuals. Any per -son who sells an), tobaeeo product to a person undef, the
u�v�.f 14 subject t.-. adh„ .,iefiaiiV .,lty i.ir]_ 1.1.�
trs -��r;a crcrry--•�"v"rr'�c � e � -
ibjee"-o
Penalties as follows.
�G
exceed $500.00.
but tie
.
d. �k&-htg P-eqtohvd No eiyil penalty shall take effeet until the individual
notiee seFk,ed personally of by -i-ail' of the alleged violation d iso
-rz
the hearing. ,
war-Fanted must be in wFiting. in ale event tile individual is found to have viola4ed
the regulations -f f thiTc„de, t, the cost of-ei'nj' hearing,—m 4uding the homer,.,..
e*afni_d-e0s fees and the .ity's Feasonable attor-ney's
!lie iLiLl LI.�L.1 �- 1H.r�Iitlde Ferro i, tothe
n, f.l al nit
m—rrcvr
a. (2;) Adininistrativeeivil penalties- Uicensees. If a licensee or an employee of a
licensee is found to have eld taba.,ee t.y_a peso, Linder the a of 14 . Ms, violated
this ordinance, the licensee shall be subject to the administrative sanctions described in
the following matrix. In all cases the council shall select which days a suspension will
be served. Other mandatory requirements may be imposed on the licensee, including,
but not limited to, meetings with the police department to present a plan of action to
assure that problems will not continue, mandatory education sessions involving all
employees and employers with the police department or other actions that the city
council deems appropriate. On a first and second violation, the licensee may elect
training in proper identification procedures in lieu of the license suspension. The license
suspension and training requirements shall be governed by and are subject to the
conditions set out in subsection 0(2)b of this section.
Fine and License Suspension
1
2nd Violation (within
3rd Violation (within
4th Violation (within
1 st Violation
3624 months of prior
3624 months of two
3624 months of three
violation)
prior violations)
prior violations)
$3002-50.00 plus 3
$750.00 plus 15 days
$1,500.00 plus 30 days
Revocation
days suspension
suspension
suspension
b. -Training in lieu of suspension. After the first and second violation within a 3624-
month period, a licensee may request training from the New Hope Police Department in
proper identification procedures. Said training shall be at the expense of the licensee,
shall be in lieu of the entire three-day license suspension for a first violation and ten of
the 15-day license suspension for the second violation required by subsection C4)(2)a. of
this section, and shall be conducted per the following conditions:
1. Training for all employees of a licensee must be completed within two training
sessions at the discretion of the New Hope Police Department.
2. If more than one licensee is requesting the training, the New Hope Police
Department retains control in deciding how many training sessions are
necessary to accommodate the number of employees taking the training.
3. It shall be the responsibility of the licensee to make certain that all employees
successfully complete the required training. Failure to do so means the licensee has
failed to meet the "training in lieu of suspension" requirement of the administrative
penalty and will be subject to the entire license suspension.
4. The licensee shall pay for all of the following costs for the training: supplies and
materials, any facility costs, the personnel expenses for the trainer, all
administrative costs of the training and any other costs staff deems necessary
to conduct the training. Payment for the training must be made to the city clerk
prior to the commencement of the training. Failure to make the payment will
result in the cancellation of the training and the immediate imposition of the
appropriate license suspension.
() Other individuals. Individuals other than persons under the age of 21 regulated by
subsection 4 of this section who are found to be in violation of this ordinance will be
subject to an administrative penalty of $50.00.
4 Persons under the age of 21. Persons udder the age of 21 who use a false identification to
purchase or attempt to purchase licensed products may only be subject to non -criminal non
-
monetary civil penalties such as tobacco -related education classes diversion programs,
community services or another penalty that the city determines to be appropriate. The City
Council will consult with court personnel. educatorsparents, children and other interested
parties to determine an appropriatepenalty for persons under the age of 21 in the city. The
malt may be established by ordinance and amended from time to time.
5 Misdemeanor prosecution. Nothing, in this section prohibits the city from seeking
rosecution as a misdemeanor for -any alleged violation of this ordinance by a person 2I
years of age or older.
k Severabilit . If any section or provision of this ordinance is held invalid, such invalidity will
not affect other sections or airovisions that can be given force and effect without the
invalidated section or provision.
l cctive date. This ordinance becomes effective on the date of its publication, or upon the
publication of a summary of the ordinance as provided by Minn. Stat. ' 412.19 ! subd. 4 as
it may be amended from time to time which meets the requirements of Minn. Stat.
331A.01 subd. 10 as it may be amended from time to time.
Stat.(3) Defense. it is a defense to the eharge of selling-toba-ee 4@ a per -son under- the age ge-f 19
yeaFs tho! the licei see or- individual, in making the sale r-easeflably and in good fikid
i-4-1
-
Section 2. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 24th day of August, 2020.
-4
,� i -, 4 'Ile le i
ATTEST Kathi Remken, May
Valerie Leone, City Clerk
P:\Attorney\SASH Client Fil4s\2 City of New Hope\99-82008 Tobacco Ordinance\Ordinance No. 20-08 - Tobacco Ordinance
Amendmentv2.docx
SUMMARY OF ORDINANCE NO.20-08
AN ORDINANCE AMENDING SECTION 8-7 OF THE NEW HOPE CITY CODE
REGULATING SALE OF TOBACCO & RELATED PRODUCTS
Ordinance No. 20-08 amends Section 8-7 of the New Hope City Code to: (1) add electronic
delivery devices to the regulations; (2) impose a maximum number of licenses of 21; (3) prohibit
sales to persons under age of 21; and (4) prohibit all flavored tobacco products except for menthol,
mint and wintergreen, among other revisions, except for tobacco products shops that restrict
customers to be age 21 or over.
The full version of Ordinance No. 20-08 is posted at www.newhopemn.gov and is available for
inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota.
The above Ordinance was adopted by the New Hope City Council on August 24, 2020, and shall
become effective upon publication.
Valerie Leone
City Clerk
(published in the New Hope — Golden Valley Sun Post on September 3, 2020)
ORDINANCE NO.20-09
AN INTERIM ORDINANCE ESTABLISHING NEW HOPE CODE SECTION 1-5(1)
SUSPENDING THE APPLICABLE ZONING REGULATIONS RELATING TO
OUTDOOR DINING AND CREATING A TEMPORARY ADMINISTRATIVE
WAIVER OF EXPANSION OF ON -SALE LIQUOR LICENSE SALES
DURING THE COVID-19 PUBLIC HEALTH EMERGENCY
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
The City Council of the City of New Hope ordains:
Section 1. Section 1-5(1) "Temporary suspension of applicable zoning regulations
relating to outdoor dining and creating temporary administrative waiver of expansion of on -sale
liquor license sales during the COVID-19 public health emergency" of the New Hope City Code
is hereby added to Section 1-5 "Interim Ordinances" to read as follows:
(1) Temporary suspension of applicable zoning regulations relating to outdoor dining
and creating temporary administrative waiver of expansion of on -sale liquor license sales during
the COVID-19 public health emergency.
(1) Purpose. This interim ordinance establishing a temporary suspension of
applicable zoning regulations relating to outdoor dining is intended to assist
businesses that have been impacted by the temporary business closures
relating to COVID-19 pandemic. Minnesota Governor Walz issued Executive
Order 20-01 declaring an emergency due to the COVID-19 pandemic, which
has been extended by Executive Orders 20-35, 20-53 and 20-56 (collectively,
the "Governor's Orders"). The City Council declared a local emergency due
to COVID-19 pandemic on March 23, 2020 by adopting Resolution No. 2020-
42. The Governor's Orders have prohibited sit-down, dine -in service at
restaurants, which has threatened the economic health of many hospitality
businesses and the vitality of New Hope's businesses. Executive Order No.
20-56 outlines plans for bars and restaurants to open on June 1, 2020, for
outdoor service so long as certain conditions, including social distancing, are
maintained to prevent the spread of COVID-19. The city administers zoning
within the city and may regulate land use as part of the city's zoning authority.
Minn. Stat. §462.355, Subd. 4, provides the city with authority to adopt an
interim ordinance to temporarily regulate activity. Under the current city
Zoning Code, parking signage, and other standards are imposed based upon
characteristics of the use. Reduced occupancy capacities will result in excess
parking supplies under the city Zoning Code. The city wishes to provide
dining establishments with added flexibility to establish temporary outside
seating in available parking areas, sidewalks or other adjacent open spaces.
The city will examine the effects of additional outdoor dining and modified
parking supplies as a goal of this Interim Ordinance. The temporary expansion
of outdoor dining has the potential to create impacts on circulation and traffic,
firefighting, alcohol sales and consumption, and various other areas of local
regulation. There is a need for an interim ordinance to be adopted for the
purpose of protecting the planning process and the health, safety, and welfare
of the citizens of the City until such a study has been completed.
(2) Scope of interim ordinance. The Interim Ordinance shall be applicable to
bowling alleys and restaurants located in the R-B, residential -business district,
CB, community business district, and CC, city center district as well as
licensees holding On -Sale Liquor Licenses including a Bowling Center
License and a Restaurant License for the sale of intoxicating liquor. This
Interim Ordinance temporarily suspends zoning regulations related to parking
supply, temporary signage, and the need to seek zoning permits (such as
variances or conditional use permits) for temporary outdoor dining areas,
subject to the terms of this Interim Ordinance, and administrative regulations
which the City finds necessary for the protection of public health, safety, and
welfare.
(3) Temporary outdoor dining permit. Temporary Outdoor Dining Permits
("TODP") to be granted allowing expansion of outdoor dining onto sidewalks
and/or parking lots. Business owners and licensees holding on -sale liquor
licenses shall submit an application to the City Clerk and shall be
accompanied with the following:
Site Plan showing the premises, including the location of the
existing indoor facility, as well as the space proposed to be
occupied by the temporary outdoor dining. The temporary
outdoor dining area shall be physically enclosed with a
temporary fence. The location of the dining area shall not
interfere with safe on -site traffic circulation.
ii. Site Plan shall illustrate table and seating areas, pedestrian
access ways, staff access ways, wait stations , trash .receptacles
and other uses of the outdoor spaces. The pedestrian access
ways shall be designed to be disability accessible.
iii. Operations plan that describes the means of complying with the
State of Minnesota guidelines for social distancing and
sanitation as set forth in Section (10), and hours of operation.
iv. Seating capacity, in numbers of patrons that the TODP will
serve, not to exceed fifty (50) people.
v. Structures, temporary or otherwise, proposed as a part of the
TODP operation.
vi. Barrier placement and materials.
vii. Parking spaces remaining after establishment of the TODP that
are typically available for use of the business.
viii. Available disability parking locations, maintaining compliance
with disability parking requirements of the State.
ix. Location of building fire connection, and evidence of
continued access.
x. Trash handling equipment and process.
xi. Authorization from property owner, if different from business
owner.
xii. Representation that applicant intends to comply with
Governor's Orders.
xiii. Applicant with liquor license must provide the city with proof
that their liquor liability insurance covers alcohol sales in any
expanded outdoor spaces which, under Minnesota law, must be
"compact and contiguous" to the main structure.
(4) Procedure. The City Manager or Manager's designee shall review the
application against the criteria of this Interim Ordinance. If approved, the City
Manager or Manager's designee shall provide two (2) copies of the written
TODP outlining conditions of approval. Said TODP shall be signed by both
the City Manager or Manager's designee and the applicant as an
understanding of approval. One (1) copy shall be given to the applicant and
one (1) copy shall be kept on record at the city.
(S) Denial. In the event the application fails to meet the purpose and intent or the
performance standards of this Interim Ordinance, the City Manager or
Manager's designee shall provide the applicant a written notice of denial. The
applicant may appeal any administrative denial to the City Council or pursue
other available remedies through this Code.
(6) Expanded liquor service area. The city may administratively approve a
temporary expansion of liquor license to allow for an expanded liquor service
area to on -site liquor licensee with an approved TODP consistent with the
limits and terms of this Interim Ordinance.
(7) Performance standards. The City Council authorizes the City Manager to
promulgate regulations for applications for TODP and operational
requirements related to temporary outdoor dining areas authorized under this
Interim Ordinance including but not limited to:
a. The regulations shall address alterations to the use of the subject
property, including the use of private parking spaces, green spaces, or
other potential use areas, and the provision of support facilities that
may be appropriate under the temporary conditions applying to the
property.
b. The regulations shall address additional temporary signage to be
allowed during the period this Interim Ordinance is in effect.
The regulations shall take into account other applicable codes and
public health and safety considerations, including alcohol licensing,
fire codes and protections, and other related building and zoning
regulations.
d. The regulations may account for potential use of public spaces for
TODP's, including public parking lots, rights of way, and open spaces,
and how the city may accommodate and regulate the private use of
those spaces, if deemed reasonable and appropriate.
e. Except where specifically noted herein, this Interim Ordinance shall
not be construed to waive or suspend any portions of the applicable
Building, Electrical, Plumbing, Fire, or Liquor Sales ordinances
currently in effect.
(8) Process and Standards for review of a TODP application.
a. The applicant's request shall be consistent with the allowances and
intent of the Governor's Orders.
b. The applicant shall provide evidence of continued firefighting access,
and any requirements of State or local public safety recommendations.
c. Each TODP location shall be entitled to up to two additional
temporary signs during the duration of the TODP, each sign to be
located on the premises of the applicant, and up to 32 square feet in
area.
d. Each TODP applicant shall cooperate with public safety officials in the
application for said permit, and any modifications or changes
recommended as a part of the Permit review process.
e. If the applicant for a TODP is seeking the use of public land, the city
will balance the request against other competing uses, including other
applicant requests, to ensure reasonable access to public and private
facilities, public safety, and other public uses, including parking, open
space, or public improvements. The city reserves the right to consider
requests for public property use at its sole discretion.
f. The city will expedite review and consideration of each TODP
application, understanding the nature of the current emergency, and
the need for local businesses to recover economically as soon as
possible.
(9) Compliance with all other applicable laws. Any business in receipt of an
approved TODP under this Interim Ordinance shall be separately responsible
for obtaining any other permits or licenses necessary to legally operate said
business as proposed, including liquor licensing, Health Department
approvals, or any other approval.
(10) Compliance with Governor's Orders. Business owners shall comply with
the terms of the Governor's Orders, including, but not limited to, the
following provisions:
a. Develop and implement a COVID-19 Preparedness Plan;
b. Open for outdoor dining or curbside pickup/delivery only.
c. Ensure at least 6 feet of distance with maximum on -premises capacity
to no more than 50 persons.
d. Limit table service to 4 persons, or 6 if part of one family unit.
e. Require reservations; do not allow walk-in customers.
f. Require masks or face shields to be worn by workers and strongly
recommend masks for all customers.
g. Establish regular disinfection routine and train workers.
(11) Authority to amend regulations. The City Council retains the authority to
modify or amend the regulations as a matter of course as they pertain to
properties in general, or on a case -by -case basis to ensure equitable
application of the purposes of this Interim Ordinance.
(12) Authority to amend TODP. The City Council shall have the authority to
modify or amend any approved TODP to promote the public health, safety,
and welfare, including termination of said TODP.
(13) Authority to terminate TODP. The City Council shall have the authority
to terminate this Interim Ordinance at any time and for any purpose, including
changes to the State of Minnesota's Emergency Order.
(14) Duration. This Interim Ordinance shall remain in effect until the adoption
of the official controls contemplated herein or until further Executive Order
from the Governor which will allow bars and restaurants to re -start indoor
food and beverage services, whichever occurs first, after which occurrence
this ordinance shall lapse, unless properly extended pursuant to state law.
Section 2. Effective Date. This Interim Ordinance shall be effective after its passage and
publication.
APPROVED by the New Hope City Council this 26th day of May, 2020.
C�/ gtoAl",L
Kathi Hem or
ATTEST:
Valerie Leone, City Clerk
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-82009 Interim Ordinance re outdoor dining during covid-19 emergency\Ordinance No.
20-09 - Interim Ordinance re Outdoor Dining - Covid-19.docx
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Jane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertion being on 06/11/2020 and the last
insertion being on 06/11/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
nown office of issue is located in a county
djoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 06/11/2020 by Diane Erickson.
Notary Public
OARLt NE M"'l
`= Y COIA1111881011f6SMJ�AnCPH
RON4NoPublicaesota
Mn rp
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$46.90 per column inch
CITY OF NEW HOPE
SUMMARY OF
ORDINANCE NO.20-09
AN INTERIM ORDINANCE
ESTABLISHING
SECTION 1-5(1)
Ordinance No. 20-09 suspends
the suspending the applicable zon-
ing regulations relating to outdoor
dining and creating a temporary
administrative waiver of expan-
sion of on -sale liquor license sales
during the covid-19 public health
emergency.
The full version of Ordinance
No. 20-09 is posted at www.
newhopemn.gov and is available
for inspection at the City Clerk's
office, 4401 Xylon Avenue North,
New Hope, Minnesota.
The above Ordinance was ad-
opted by the New Hope City Coun-
cil on May 26, 2020, and shall be-
come effective upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
June 11, 2020
1051650
Ad ID 1051650
ORDINANCE NO.20-10
AN ORDINANCE AMENDING THE NEW HOPE ZONING MAP
ESTABLISHED BY NEW HOPE CODE SECTION 44(b) BY REZONING
4215 LOUISIANA AVENUE NORTH FROM CB, COMMUNITY BUSINESS DISTRICT
TO R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 44(b) "Zoning map" of the New Hope City Code is hereby
amended by rezoning or changing the zoning district designation of the following described
property from CB "Community Business District" under Section 4-16 of the New Hope City
Code to R-1, "Single -Family Residential District" under Section 4-5 of the New Hope City
Code:
Street Address
PID Number
4215 Louisiana Ave. N. 17-118-21-21-0034
New Hope, MN
Legal Description: See attached Exhibit "A"
Section 2. The Property is rezoned to R-1, Single -Family Residential District and the
allowed uses shall be as set forth in R-1, Single -Family Residential, set out in Section 4-5 of this
Code.
Section 3. Effective Date. This zoning map amendment shall become effective and
be formally imposed on the New Hope Zoning Map upon adoption and publication of this
ordinance.
APPROVED by the New Hope City Council this 27th day of July, 2020.
Kathi 11,qrnken, Mayor
ATTEST:
Valerie Leone, City Clerk
Exhibit A
Legal Description
The North 80 feet of that part of the East 163 feet of Lot 34 lying South of a line drawn parallel
to and 280 feet North of the South line of the Northeast Quarter of the Northwest Quarter of
Section 17, Township 118, Range 21, "Auditor's' Subdivision Number 324, Hennepin County,
Minnesota" according to the recorded plat thereof
(summary ordinance published in the New Hope -Golden Valley Sun -Post the 13th day of
August, 2020)
K
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
,Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/Go1dV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 08/13/2020 and the last
insertion being on 08/13/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
)known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:_2��
u-�s-t--
Designated Agent
Subscribed and sworn to or affirmed before
me on 08/13/2020 by Diane Erickson.
Notary Public
_ MARLENE M MITCHELL
Notary Public
Y''• �.% Minnesota
' 'A,y. My Commission Expires
Jan 31, 2025
Rate Information:
)(1) Lowest classiCtcd rate paid by commercial users
for comparable space:
$46.90 per column inch
CITY OF NEW HOPE
SUMMARY OF
ORDINANCE NO.20-10
AN ORDINANCE AMENDING
THE NEW HOPE ZONING
MAP ESTABLISHED BY
NEW HOPE CODE SECTION
4-4(b) BY REZONING
4215 LOUISIANA
AVENUE NORTH FROM
CB, COMMUNITY
BUSINESS DISTRICT
TO R-1, SINGLE-FAMILY
RESIDENTIAL DISTRICT
Ordinance No. 20-10 amends
the zoning map by changing 4215
Louisiana Avenue North from CB
(community business district) to
R-1 (single-family residential dis-
trict).
The full version of Ordi-
nance No. 20-10 is posted at
www.newhopemn.gov and is
available for inspection at the City
Clerk's office, 4401 Xylon Avenue
North, New Hope, Minnesota.
The above Ordinance was ad-
opted by the New Hope City Coun-
cil on July 27, 2020, and shall be-
come effective upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
August 13, 2020
1066366
Ad ID 1066366
ORDINANCE NO. 20-12
AN ORDINANCE AMENDING NEW HOPE CODE
SECTION 2-11 SETTING MAYOR AND
COUNCILMEMBERS' SALARIES
The City Council of the City of New Hope ordains:
Section 1. Section 2-11(a) "Mayor and councilmembers' salaries." of the New Hope
City Code is hereby amended to read as follows:
(a) Mayor and councilmembers' salaries. The salary of the mayor is hereby
established at $5 1-.041-532�00 ner two -week pay period effective January
2019-2021 and shall increase to $546.90548.00 effective January-2-,29M
2022. The salary of each councilmember is hereby established at
$366-00389.00-per two -week pay period effective January 2, 201-1 2021
and shall increase to $377.00 400.00 effective January2, 2020.2022 These
salaries shall remain in place until amended by ordinance per Minn. Stat.
§415.11.
Section 2. Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the 121h day of October, 2020.
1
C�Yrir�
Kathi He ken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope -Golden Valley Sun -Post the 22"d day of October, 2020.)
P:\Allomry\SAS\I Clirn[ Pilcs\2 City orNm Hopc\99-81806 2018 Cooncil Salary inacasc\Ord 18-06 docx
-1-
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/Go1dV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/22/2020 and the last
insertion being on 10/22/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 10/22/2020 by Diane Erickson.
r
Notary Public
MARLENE M MITCHELL
Notary Public
Minnesota
My Commission Expires
a Jan 31, 2025
q& MIFF a:
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$46.90 per column inch
Ad ID 1085189
CITY OF NEW HOPE
ORDINANCE NO. 20-12 AN
ORDINANCE AMENDING
NEW HOPE CODE SECTION
2-11 SETTING MAYOR
AND COUNCILMEMBERS'
SALARIES
The City Council of the City of
New Hope ordains:
Section 1. Section 2-11(a)
"Mayor and councilmembers' sala-
ries." of the New Hope City Code is
hereby amended to read as follows:
(a) Mayor and councilmembers'
salaries. The salary of the mayor
is hereby established at $532.00
per two -week pay period effective
January, 2021 and shall increase
to $548.00 effective January, 2022.
The salary of each councilmember
is hereby established at $389.00
per two -week pay period effective
January, 2021 and shall increase
to $400.00 effective January, 2022.
These salaries shall remain in place
until amended by ordinance per
Minn. Stat. §415.11.
Section 2. Effective Date. This
Ordinance shall be effective upon
its passage and publication.
Dated the 12th day of October
2020.
/s/ Kathi Hemken, Mayor
Attest:
/s/ Valerie Leone, City Clerk
Published in the
Sun Post
October 22, 2020
1085189
ORDINANCE NO.20-13
AN ORDINANCE AMENDING SECTION 4-3(a)(7) & (8) OF THE NEW HOPE CITY
CODE RELATED TO NONCONFORMING BUILDINGS, STRUCTURES AND USES
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 4-3(a)(7) and Section 4-3(a)(8) Nonconforming buildings, structures and uses
is hereby amended to repeal the stricken text and add the underlined text as follows:
(7) Partial destruction. If at any time a nonconforming building, structure or use shall be
destroyed to the extent of more than 50 percent of its fair market value, said value to be
determined by the city assessor, then w4hout further aeti n by the e r-il, the building and
the land onwhieh sueb building was leeated or inaintained shaii, fl-ofn and after- the date a
in wN&sueh land and buildings afe Ieeawd it may be reestablished to its prior
size and form but not expanded, if the property owner a lies for a building permit within
180 days of the damage event. If no build in ermit is a died for within the s ecified time
period, then without further action by the council the building and the land on which such
building was located or maintained shall fi-orn and after the date of said destruction be
subject to all the regulations specified by this ordinance for the district in which such land
and building are located. Any building which is damaged to an extent of less than 50 percent
of its value may be restored to its former extent provided reconstruction is completed within
12 months of said damage. Estimate of the extent of the damage or destruction shall be
made by the building official.
(8) Discontinuance. Whenever a lawful nonconforming use of a structure or land is
discontinued for a period of six menths 12 months, any future use of said structure or land
shall be made to conform with the provisions of this Code.
Section 2. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 23rd day of November, 2020.
Kathi H ken, Mayor
ATTEST:
Valerie Leone, City Clerk
P:\Attomey\SAS\1 Cliont Files\2 City of New Hope\99-82013 - 4-3(a)(7) Partial Destruction Nonconforming Bldgs\Ordinance 20-13
Nonconforming Uses.docx
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
',Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 12/03/2020 and the last
insertion being on 12/03/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
djoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/03/2020 by Diane Erickson.
��-r • - C� �Y A _ F
Notary Public
DARLENE MARIE MACPHERSON '
v., NMAkY PUBLIC - MINNESOTA
y My COMMWlan Exines Jan 31. 20241.
♦Mw
Rate Information:
Lowest classified rate paid by commercial users
comparable space:
$46.90 per column inch
Ad ID 1095301
CITY OF NEW HOPE
SUMMARY OF ORDINANCE
NOS. 20-13, 20-14,
20-15, 20-16, 20-17, 20-18
ORDINANCES AMENDING
SECTIONS 3-25 & 4-3 OF
THE NEW HOPE CITY
CODE RELATING TO
FENCES, SWIMMING
POOLS, LANDSCAPING,
DECK SETBACKS,
NONCONFORMING USES
AND SCTUCTURES
Ordinance No. 20-13 specifies
new regulations regarding partial
destruction and discontinuance of
nonconforming uses.
Ordinance No. 20-14 specifies
new regulations for single-family
nonconforming structures.
Ordinance No. 20-15 defines
setbacks for terraces, steps, decks,
stoops or similar features.
Ordinance No. 20-16 specifies
at what height a building permit is
needed to construct a fence and
height limits for fences.
Ordinance No. 20-17 prohibits
pools in the front yard, prohibits
pools and areas used in conjunc-
tion from being placed within an
easement, and reduces setback
requirements in rear yards.
Ordinance No. 20-16 prohibits
synthetic turfs and artificial grasses
as acceptable forms of landscap-
ing.
All of the above Ordinances
were adopted by the New Hope
City Council on November 23,
2020, and shall become effective
upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
December 3, 2020
1095301
ORDINANCE NO.20-14
AN ORDINANCE AMENDING SECTION 4-3(a)(11) OF THE NEW HOPE CITY CODE
RELATED TO NONCONFORMING BUILDINGS, STRUCTURES AND USES
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 4-3(a)(11) Nonconforming buildings, structures and uses is hereby amended
to repeal the stricken text and add the underlined text as follows:
(11) Nonconforming lots. A lot of record, existing upon the effective date of this Code in a
residential district, which does not meet the requirements of this Code as to area or width
may be utilized for single-family detached dwelling purposes provided: the building
setbacks of the applicable zoning district or subsection 4-3 c of this Code are 1net.
Section 2. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 23rd day of November, 2020.
Kathi Fhanken,, Mayor
ATTEST:
Valerie Leone, City Clerk
P:\Attomey\SAS\1 Client Fi1cs1'L City of New Hope\99-82014 4-3(a)(11) Nonconforming Lots\Ordinance 20-14 Nonconforming structures.docx
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
,Diane Erickson being duly sworn on an oath,
,states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 12/03/2020 and the last
insertion being on 12/03/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
djoining the county where the mortgaged
f)rentiscs or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: - F,—, 1"
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/03/2020 by Diane Erickson.
Notary Public
F
y�yLINOTARY
@yW�q,►.1,yry.;�
LENE MARIE MACPHERSON
PUBLIC - MINNESOTA
ommission Expires Jan 31, 2W41
Rate Information:
1) Lowest classified rate paid by commercial users
ar comparable space:
$46.90 per column inch
Ad ID 1095301
CITY OF NEW HOPE
SUMMARY OF ORDINANCE
NOS. 20-13, 20-14,
20-15, 20-16, 20-17, 20-18
ORDINANCES AMENDING
SECTIONS 3-25 & 4-3 OF
THE NEW HOPE CITY
CODE RELATING TO
FENCES, SWIMMING
POOLS, LANDSCAPING,
DECK SETBACKS,
NONCONFORMING USES
AND SCTUCTURES
Ordinance No. 20-13 specifies
new regulations regarding partial
destruction and discontinuance of
nonconforming uses.
Ordinance No. 20-14 specifies
new regulations for single-family
nonconforming structures.
Ordinance No. 20-15 defines
setbacks for terraces, steps, decks,
stoops or similar features.
Ordinance No. 20-16 specifies
at what height a building permit is
needed to construct a fence and
height limits for fences.
Ordinance No. 20-17 prohibits
pools in the front yard, prohibits
pools and areas used in conjunc-
tion from being placed within an
easement, and reduces setback
requirements in rear yards.
Ordinance No. 20-16 prohibits
synthetic turfs and artificial grasses
as acceptable forms of landscap-
ing.
All of the above Ordinances
were adopted by the New Hope
City Council on November 23,
2020, and shall become effective
upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
December 3, 2020
1095301
ORDINANCE NO.20-15
AN ORDINANCE AMENDING SECTION 4-3(c)(6)e.2.OF THE NEW HOPE CITY
CODE RELATED TO LOT AND YARD REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 4-3(c)(6)e.2. Lot and yard requirements, District setback exceptions,
Permitted encroachments is hereby amended to repeal the stricken text and add the underlined
text as follows:
2. Decks, stoops, etc. in all yards: Terraces, steps, decks, stoops or similar features provided
they do not extend above the height of the ground floor level of the principal structure of
and does not encroach further than five feet into the front Xard setback to a dist".,..e less than
Section 2. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 23rd day of November, 2020.
Kathi H en, Mayor
ATTEST:
Valerie Leone, City Clerk
P:\Attomey\SAS\l .Client Files\2. City of New Hope\99-82015 - 4-3(c)(6) Decks - encroachment\Ordinance 20-15 Front Decks.docx
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 12/03/2020 and the last
insertion being on 12/03/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
djo'sning the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: 12
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/03/2020 by Diane Erickson.
mv, ,, �/,J_ _-,_
Notary Public
DARLENE MARIE MACPHERSON
NOTARY PUBLIC - MINNESOTA
My CommMlon Expires Jan 31, 2024
,..A..'
Rate Information:
'j) Lowest classified rate paid by commercial users
,jr comparable space:
$46.90 per column inch
Ad ID 1095301
CITY OF NEW HOPE
SUMMARY OF ORDINANCE
NOS. 20-13, 20-14,
20-15, 20-16, 20-17, 20-18
ORDINANCES AMENDING
SECTIONS 3-25 & 4-3 OF
THE NEW HOPE CITY
CODE RELATING TO
FENCES, SWIMMING
POOLS, LANDSCAPING,
DECK SETBACKS,
NONCONFORMING USES
AND SCTUCTURES
Ordinance No. 20-13 specifies
new regulations regarding partial
destruction and discontinuance of
nonconforming uses.
Ordinance No. 20-14 specifies
new regulations for single-family
nonconforming structures.
Ordinance No. 20-15 defines
setbacks for terraces, steps, decks,
stoops or similar features.
Ordinance No. 20-16 specifies
at what height a building permit is
needed to construct a fence and
height limits for fences.
Ordinance No. 20-17 prohibits
pools in the front yard, prohibits
pools and areas used in conjunc-
tion from being placed within an
easement, and reduces setback
requirements in rear yards.
Ordinance No. 20-18 prohibits
synthetic turfs and artificial grasses
as acceptable forms of landscap-
ing.
All of the above Ordinances
were adopted by the New Hope
City Council on November 23,
2020, and shall become effective
upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
December 3, 2020
1095301
ORDINANCE NO.20-16
AN ORDINANCE AMENDING SECTION 4-3(d)(3) OF THE NEW HOPE CITY CODE
RELATED TO FENCING AND SCREENING
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 4-3(d)(3) Performance standards- Fencing and screening is hereby amended
to add the underlined text as follows:
(3) Fencing and screening.
a. General provisions.
1. The required screening provisions as specified in subsection (4) of this section,
shall supersede, where applicable, the provisions of this subsection.
2. All posts or similar supporting instruments used in the construction of fences shall
be faced inward toward the property being fenced, unless symmetrical.
3. No fence shall obstruct natural drainage. No fence shall be placed within an
easement that obstructs or impedes the free flow of surface water from, or within
any drainage easements. If a fence is constructed within the easement and it is
required to be removed, the city shall not be required to pay compensation for any
such fence.
4. The height of a fence, in the case of grade separation, shall be determined on the
basis of measurement from the average point between the highest and lowest
grade.
5. in the @a-- --mer- lot with the building 4ent oriented to the side yafd abutting
a skeet, f�iiees over 42 inehes may not eneroaeh into either- the r-equiFed frefit ya
setback OF the FOqUiFed side yard nor abutting a street.
65. The following types of fences are prohibited:
i. Electric.
ii. Barbed wire or razor wire.
iii. Sheet metal, scrap metal, corrugated metal, or metal building, siding, or
roofing material.
iv. Plywood or scrap wood.
V. Canvass, nylon, or other non -rigid material or fabric.
vi. Cast-off, secondhand, or other materials not originally intended to be used for
constructing or maintaining a fence.
6. A building permit shall be required for the installation of any fence that is seven
feet in hei ht or taller.
b. Residential fencing and screening. Subject to the general provisions of this section:
1. Fences shall be at least five percent open for passage of air and light. Fences not
meeting this design standard will be treated as walls and will be required to meet
building setbacks.
2. Short fences. Fences 42 inches in height or less may be located on any part of a
lot.
3. Tall fences.
i. Fences tip to six -and -one-half 6.5 feet in height may be located in rear yards
and/or side yards that do not abut a street regardless of house orientation.
ii_Fences up to eight feet in height may be located within u-4red 91%de in
rear yards and/or rear side yards that do not abut a street, when meetin
setback requirements for principal buildings tbae!Es of lot ...NA is b..hin �
within the applicable
zoning district.
iii. Fences u to eight feet in height may be located within rear yards and/or side
yards where the lot directly abuts a commercial or industrial zoned property
includes CB CC I LB R-B and R-O districts).
c. Commercial and industrial district fences. Fences in the CB CC I LB R-B and R-
O districts are &subject to the general provisions of this section:
1. Fences shall be at least five percent open for passage of air and light. Fences not
meeting this design standard will be treated as walls and will be required to meet
bull ing -set6a .�,.. setback requirements for principal buildings within the
applicable zoning district.
2. Commercial and industrial fences may be erected up to eight feet in height.
Fences in excess of eight feet shall require a conditional use permit.
Commercial and industrial feneii rr may be located w:EW n the required side a --�
=VNi yard s
d .ia, hin the ,,,..plieable "�ri� fences it to eI t f
u- � defined eet in hei �.t
may be located in rear yards and/or side yards that do not abut a street regardless
of building orientation. Fences up to ei rht feet in height may be located in front
yards and/or side vards that abut a street when meeting setback re uirements for
rinci al buildings within the applicable zoning district. Shorter fences may be
allowcd within the required setback in front yards and/or side yards abutting a
street when approved as part of a site plan review.
2
Section 2. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 23rd day of November, 2020.
Kathi He n ken, May r
ATTEST:
Valerie Leone, City Clerk
PAAttorney\SAS\1 Client Filos\2 City of New Hope\99-82016 Fences - 4-3(d)(3)\Ordinance 20-16.docx
3
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPINV
Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of-
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 12/03/2020 and the last
insertion being on 12/03/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
djoining the county where the mortgaged
premises or soine part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/03/2020 by Diane Erickson.
Notary Public
U[��fY06\ i�Pdt}pvi?n4P•�ARR.'PfyfA'4t9V7A'dN
DARLENE WRIE MACPHERSON
NOTARY PUBLIC - MINNESOTA
My C4mmisslon Expires Jan 31, 2024
Rate Information:
"l) Lowest classified rate paid by commercial users
.: r comparable space:
$46.90 per column inch
Ad ID 1095301
CITY OF NEW HOPE
SUMMARY OF ORDINANCE
NOS. 20-13, 20-14,
20-15, 20-16, 20-17, 20-18
ORDINANCES AMENDING
SECTIONS 3-25 & 4-3 OF
THE NEW HOPE CITY
CODE RELATING TO
FENCES, SWIMMING
POOLS, LANDSCAPING,
DECK SETBACKS,
NONCONFORMING USES
AND SCTUCTURES
Ordinance No. 20-13 specifies
new regulations regarding partial
destruction and discontinuance of
nonconforming uses.
Ordinance No. 20-14 specifies
new regulations for single-family
nonconforming structures.
Ordinance No. 20-15 defines
setbacks for terraces, steps, decks,
stoops or similar features.
Ordinance No. 20-16 specifies
at what height a building permit is
needed to construct a fence and
height limits for fences.
Ordinance No. 20-17 prohibits
pools in the front yard, prohibits
pools and areas used in conjunc-
tion from being placed within an
easement, and reduces setback
requirements in rear yards.
Ordinance No. 20-16 prohibits
synthetic turfs and artificial grasses
as acceptable forms of landscap-
ing.
All of the above Ordinances
were adopted by the New Hope
City Council on November 23,
2020, and shall become effective
upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
December 3, 2020
1095301
ORDINANCE NO.20-17
AN ORDINANCE AMENDING SECTION 3-25(e) OF THE NEW HOPE CITY CODE
RELATED TO PRIVATE SWIMMING POOLS
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 3-25(e), Private swimming pools- Lot lines is hereby amended to repeal the
stricken text and add the underlined text as follows:
(e) .
-Agin Af the .44y. Permitted locations and setbacks- No pool or adjacent fleck areas
patios, aprons, and other similar areas used in conjunction with a Dool shall be placed
within an easement. Pools and adjacent deck areaspatios, a rons and other similar
areas used in conjunction with a pool are permitted in side yards and rear yards and
subject to the following setback conditions:
(1) Side yard ..... 10 feet
(2) Rear yarel , 10 ft et
Section 2. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 23rd day of November, 2020.
j
Kathi H ken, Mayor
ATTEST:
� L-ZZ�Z7/L-(—
Valerie Leone, City Clerk
P:\Attorney\SAS\l Client Files�2 City of New Hope\99-82017 Swimming Pools - 3-25(e)\Ordinance 20-17.docx
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 12/03/2020 and the last
insertion being on 12/03/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
djoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/03/2020 by Diane Erickson.
Notary Public
tea,., .::s�..e:: ��+✓�:::��v�
DARLENE iMAJ11E POACPHERSON
NOTAPY PUBLIC - MINNESOTA
` My CornrriW. n Expires Jan 31 22024
Rate Information:
"1) LowesL classified rate paid by commercial users
yr comparable space:
$46.90 per column inch
Ad ID 1095301
CITY OF NEW HOPE
SUMMARY OF ORDINANCE
NOS. 20-13, 20-14,
20-15, 20-16, 20-17, 20-18
ORDINANCES AMENDING
SECTIONS 3-25 & 4-3 OF
THE NEW HOPE CITY
CODE RELATING TO
FENCES, SWIMMING
POOLS, LANDSCAPING,
DECK SETBACKS,
NONCONFORMING USES
AND SCTUCTURES
Ordinance No. 20-13 specifies
new regulations regarding partial
destruction and discontinuance of
nonconforming uses.
Ordinance No. 20-14 specifies
new regulations for single-family
nonconforming structures.
Ordinance No. 20-15 defines
setbacks for terraces, steps, decks,
stoops or similar features.
Ordinance No. 20-16 specifies
at what height a building permit is
needed to construct a fence and
height limits for fences.
Ordinance No. 20-17 prohibits
pools in the front yard, prohibits
pools and areas used in conjunc-
tion from being placed within an
easement, and reduces setback
requirements in rear yards.
Ordinance No. 20-16 prohibits
synthetic turfs and artificial grasses
as acceptable forms of landscap-
ing.
All of the above Ordinances
were adopted by the New Hope
City Council on November 23,
2020, and shall become effective
upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
December 3, 2020
1095301
ORDINANCE NO.20-18
AN ORDINANCE AMENDING SECTION 4-3(d)(4) OF THE NEW HOPE CITY CODE
RELATED TO LANDSCAPING REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 4-3(d)(4)a., Performance standards — Landscaping- Required landscaping -
General residential is hereby amended to add the underlined text as follows:
a. Required landscaping —General residential. The lot area remaining after providing for off-
street parking, off-street loading, sidewalks, driveways, building site and/or other
requirements shall be landscaped using ground cover, ornamental grass, shrubs, trees or
other acceptable vegetation or treatment generally used for landscaping. Synthetic turfs,
artificial grasses, and other similar materials are prohibited. Fences, retaining walls, or trees
placed upon utility easements are subject to removal if required for the maintenance or
improvement of the utility. The city shall not be required to pay compensation for the items
to be removed from a utility easement. Trees under overhead wires within an easement are
restricted to tree types having mature height that will not interfere with the overhead wires.
Section 2. Section 4-3(d)(4)bA.ii., Performance standards — Landscaping- Required landscaping
— Design is hereby amended to add the underlined text as follows:
ii. All area within the property lines (or beyond, if site grading extends beyond) not paved or
designated for off-street parking, off-street loading, sidewalks, driveways, open outdoor
storage, or buildings shall be landscaped using ground cover, ornamental grass; shrubs,
trees, or other acceptable vegetation generally used for landscaping. Synthetic turfs,
artificial rasses and other similar materials are prohibited.
Section 3. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this 23rd day of November, 2020.
i�
Kathi H en, Mayor
ATTEST:
Valerie Leone, City Clerk
P:\Attomey\SAS\1 Clicnt Hes\? City of New Hope\99-82018 Landscaping- 4-3(d)(4)\Ordinance 20-18.docx
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF HENNEPIN
Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Robb/Crystal/NewHope/GoldV
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 12/03/2020 and the last
insertion being on 12/03/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
djoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By.
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/03/2020 by Diane Erickson.
Notary Public
i++CiPh 5f+f2A'y4Rfek FllbhflT �Afa9V'H'Jif'
' DARLENE MARIE MfACPHERSON
s. NOTARY PUBLIC - MINNESOTA
My CUmmissbn Expires Jan 31, 2024
Rate Information:
•l) Lowest classified rate paid by commercial users
or comparable space:
$46.90 per column inch
Ad ID 1095301
CITY OF NEW HOPE
SUMMARY OF ORDINANCE
NOS. 20-13, 20-14,
20-15, 20-16, 20-17, 20-18
ORDINANCES AMENDING
SECTIONS 3-25 & 4-3 OF
THE NEW HOPE CITY
CODE RELATING TO
FENCES, SWIMMING
POOLS, LANDSCAPING,
DECK SETBACKS,
NONCONFORMING USES
AND SCTUCTURES
Ordinance No. 20-13 specifies
new regulations regarding partial
destruction and discontinuance of
nonconforming uses.
Ordinance No. 20-14 specifies
new regulations for single-family
nonconforming structures.
Ordinance No. 20-15 defines
setbacks for terraces, steps, decks,
stoops or similar features.
Ordinance No. 20-16 specifies
at what height a building permit is
needed to construct a fence and
height limits for fences.
Ordinance No. 20-17 prohibits
pools in the front yard, prohibits
pools and areas used in conjunc-
tion from being placed within an
easement, and reduces setback
requirements in rear yards.
Ordinance No. 20-18 prohibits
synthetic turfs and artificial grasses
as acceptable forms of landscap-
ing.
All of the above Ordinances
were adopted by the New Hope
City Council on November 23,
2020, and shall become effective
upon publication.
Valerie Leone
City Clerk
Published in the
Sun Post
December 3, 2020
1095301