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2021 Ordinances2021 Ordinance Index ORDINANCE # ADOPTED ORDINANCE 21-01 02/22/21 Ordinance No. 21-01, An ordinance amending New Hope City Code (and summary) Sections 4-3 and 13-5 related to drainage; and adoption of Summary Ordinance No. 21-01 for publication purposes 21-02 03/22/21 Ordinance No. 21-02, An Ordinance amending New Hope City Code (and summary) Sections 1-2, 8-14, 9-11, and 9-42 relating to garbage, recycling and source separated organics; and adoption of summary ordinance 21-03 04/26/21 Ordinance No. 21-03, an ordinance amending Sections 4-16 CB, (and summary) Community Business District and 4-17 CC, City Center District of the New Hope City Code related to performance standards for outdoor dining 21-04 09/13/21 Ordinance No. 21-04, An ordinance amending section 7-16, number of (and summary) domestic animals allowed, of the New Hope City Code and adopt the summary ordinance 21-05 11/22/21 Ordinance No. 21-05, an ordinance amending Sections 4-2(b) and 4-3(b) (and summary) of the New Hope City Code related to accessory structures 21-06 11/22/21 Ordinance No. 21-06, an ordinance amending Section 4-2(b) of the New (and summary) Hope City Code related to tutorial uses 21-07 11/22/21 Ordinance No. 21-07, an ordinance amending Section 3-33(c) of the New Hope City Code related to responsibility for securing the BUCO 21-08 11/22/21 Ordinance No. 21-08, an ordinance amending Section 4-17(d) of the (and summary) New Hope City Code related to allowable uses in the City Center district; and summary ordinance for publication purposes I: \ Index Res&Ord \ 2021 Ordinance Index.docx ORDINANCE NO.21-01 AN ORDINANCE AMENDING SECTIONS 4-30)(9) AND 13-5 OF THE NEW HOPE CITY CODE RELATED TO VEGETATION BUFFERS AND EROSION AND SEDIMENT CONTROL THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-30) Grading, erosion and sediment control regulations is hereby amended to add the underlined text as follows: (9) Stormwater pollution prevention plan (SWPPP). Each application for a land disturbance permit shall be accompanied by two copies of a stormwater pollution prevention plan consisting of the following dependent upon the type and size of land disturbance activity conducted as described below: a. For all individual residential platted lots or any commercial and industrial land which disturbs less than one acre and includes fill or excavation less than 100 cubic yards: 1. Identification of proposed contour grading on the site at vertical intervals of not more than two feet; 2. Drainage patterns clearly shown using arrows depicting direction of surface water flow; 3. A map showing the stages or limits of grading together with the existing or proposed finished elevations; 4. Identification of proposed building bench elevations; 5. Submission of preliminary plans or program for water supply, sewage disposal, drainage and flood control (if applicable); 6. Soil borings, if required by the city engineer; 7. Locations of any wetlands, lakes, streams, or other critical water resource areas; 8. Appropriate best management practices set forth in this chapter; and 9. Other information as required by the city based on specific project characteristics. b. For all subdivisions and commercial or industrial sites in which land disturbance activities will impact one or more acres; or fill or excavate over 100 cubic yards, whichever is more restrictive; or any other site if determined appropriate by the city engineer due to potential impacts to wetlands, lakes, or sensitive receiving waters. 1. Grading plan. A grading plan shall be provided that clearly indicates the proposed land disturbance activities. Both existing and proposed topography shall be shown and have a maximum contour interval of two feet. Drainage patterns shall be clearly shown using arrows depicting direction of flow. Other information shall be shown as required by the city based on specific project characteristics. 2. Phasing plan. A phasing plan shall be provided that clearly indicates the areas in the order they are to be disturbed and restored. The phasing plan shall consider minimization of area and duration of exposed soil and unstable conditions, minimization of the disturbance of natural soil cover and vegetation, erosion and sediment control measure installation, weather conditions and the schedule for temporary and permanent restoration. The area and duration of each phase shall be indicated on the plan. 3. Pond detail sheet. A pond detail sheet shall be provided for each proposed stormwater pond that shows detailed pond design including normal water level, high water level, aquatic bench, maintenance bench, outlet structures, emergency overflow locations and other project specific data required by the city. 4. Standard detail sheet. A standard detail sheet shall be provided that consists of applicable construction details for approved erosion and sediment control measures as developed by the city. Other techniques may be used upon prior approval by the city with details provided by the designer. 5. Buffers. Native or natural vegetation buffers must be established or preserved in accordance with this chal2ter. Buffer zone widths are defined as follows: i. Lakes. Minimunx of 10 feet in width measured from the Ordinary Hi rh Water Level (OHWL). ii. Streams. 10 feet in width or 25% of the distance between the OHWL and the nearest existing structure whichever is less. iii.Wetlands. Based on Minnesota Routine Assessment Methodology classification, or a similar classification system, buffer widths are required as follows (measured from the delineated wetland edge}: a Preserve: 75 feet average and minimum of 50 feet. (b) Manage 1: 50 feet average and minimum of 30 feet Vic) Manage 2 or 3: 25 feet average and minimum of 15 feet. iv. Exce tions. Public recreational facilities such as trails can run parallel to shoreline up to 20 feet in width. The width of the facility must be added to the required buffer width. 56.Specifications. Written specifications for land disturbance activities such as product descriptions, installation and maintenance procedures required by the applicant to carry out the project in accordance with this chapter. 67.Stormwater pollution prevention plan as required under the NPDES stormwater permit issued by the MPCA. The stormwater pollution prevention plan shall consist of three components: i. Temporary erosion and sediment control plan: Indicate the location of perimeter controls, construction fence, temporary sedimentation basins, inlet protection, areas to be seeded, areas to be mulched or blanketed, location of construction waste control (dumpsters, chemical storage, concrete washout, portable restroom facilities, etc.) and all other required temporary erosion and 2 sediment control measures as described in section. This plan shall also indicate staging of temporary erosion control measures. ii. Permanent erosion and sediment control plan: Indicates areas to be seeded and sodded, sediment ponds, storm sewer systems and all other required permanent erosion and sediment control measures. Permanent stormwater pollution controls including, but not limited to ponds, vegetated buffers and structural measures shall be designed and constructed in accordance with other chapters of this Code and requirements of other agencies having jurisdiction. iii.Narrative: Describes, at a minimum, the nature of construction activity, person(s) responsible for inspection and maintenance of site erosion and sediment control including contact information, project phasing, schedules, along with the timing, installation and maintenance of erosion and sediment control measures and specifications necessary to carry out the project. -78.Permit documentation: The property owner or owner's agent shall apply for and be issued a National Pollutant Discharge Elimination System (NPDES) general stormwater permit from the Minnesota Pollution Control Agency (MPCA) and any appropriate watershed district permits; and shall submit to the city a copy of the MPCA certificate of permit coverage or watershed district approval. Section 2. Section 13-5(e) Erosion and sediment control is hereby amended to add the underlined text as follows: (1) Natural limitations. The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. (2) Coordination of control with construction. Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures as defined in the city, Surface Water Management Plan shall be installed prior to development when necessary to control erosion. (3) Minimum size exposure. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. (4) Minimum exposure time. When soil is exposed, the exposure shall be for the shortest feasible period of time. (5) Topsoil restoration. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The soil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development. Section 3. Section 13-5(f) Drainage is hereby amended to add the underlined text as follows: (1) Crown. To insure proper drainage on each individual lot, the crown of the adjacent street shall be at least 18 inches below the grade of the garage floor of the proposed structure. 3 (2) Stormwaters. Where municipal storm sewer systems do not exit, or the introduction of said system is deemed inappropriate by the city council, stormwater drainage shall be discharged to marshlands, swamps, retention basins or other treatment facilities. Diversion of stormwater to marshlands or swamps shall be considered for existing or planned surface drainage. Marshlands and swamps used for stormwater shall provide for natural or artificial water level control. Stormwater drainage will be subjected to the standards defined in the city Surface Water Management Plan. (3) Alteration of drainage. No existing ditch, stream, drain, pond, or drainage canal shall be deepened, widened, rerouted or filled without written permission from the city council. (4) Drainage ways and recreational use. Where artificial channels must be constructed to augment the natural drainage system, such channels as well as the natural drainage ways may be planned as part of the recreation system. (5) Drainage during construction. The drainage system shall be constructed and operational during the initial phases of construction. Section 4. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 22nd day of February, 2021. Kathi H mken, Mayor ATTEST: Valerie Leone, City Clerk P:\Attomey\SAS\l Client Files\2 City of New Hope\99-82101 Stormwater Revisions\Ordinance 21-Ol.docx 4 SUMMARY OF ORDINANCE NO.21-01 AN ORDINANCE AMENDING SECTIONS 4-30)(9) AND 13-5 OF THE NEW HOPE CITY CODE RELATED TO VEGETATION BUFFERS AND EROSION AND SEDIMENT CONTROL Ordinance No. 21-01 amends the city's zoning code and subdivision and platting section of the code to reflect policies enforced by the city's Surface Water Management Plan and local watershed districts. The above Ordinance was adopted by the New Hope City Council on February 22, 2021, and shall become effective upon publication. Valerie Leone City Clerk (published in the New Hope — Golden Valley Sun Post on March 4, 2021) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN 'Ane Erickson being duly sworn on an oath, gates 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 03/04/2021 and the last insertion being on 03/04/2021. 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 03/04/2021 by Diane Erickson. Notary Public ✓dYLW�F1: L V V W!• DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My Commisslon Expires Jan 31.2024 Rate Information: 1 Lowest classified rate paid by commercial users .�r comparable space: $46.90 per column inch CITY OF NEW HOPE SUMMARY OF ORDINANCE NO.21-01 AN ORDINANCE AMENDING SECTIONS 4-3(J)(9) AND 13-5 OF THE NEW HOPE CITY CODE RELATED TO VEGETATION BUFFERS AND EROSION AND SEDIMENT CONTROL Ordinance No. 21-01 amends the clty's zoning code and subdi- vision and platting section of the code to reflect policies enforced by the city's Surface Water Man- agement Plan and local watershed districts. The above Ordinance was ad- opted by the New Hope City Coun- cil on February 22, 2021, and shall become effective upon publication. Valerie Leone City Clerk Published in the Sun Post March 4, 2021 1118380 Ad ID 1118380 ORDINANCE NO.21-02 AN ORDINANCE AMENDING NEW HOPE CITY CODE §§1-2, 8-14, 9-11, and 9-42 - GARBAGE, RECYCLING AND SOURCE SEPARATED ORGANICS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 1.2 "Definitions" of the New Hope City Code is hereby amended to repeal the strikeouts and add the underlined text as follows: ME j 1•J�Lrll�tll l! Bulkv Wastes shall have the meaninp- set forth in Minnesota Statutes and is a subset of mixed municipal solid waste. Bulky wastes include household items and other discarded materials that due to their dimensions and wei - tt are typically not collected as pail of the regular garbage and reevclinp- or for which there may be a seearate fee, such as furniture. caipeting,_and mattresses. and appliances. C�Walkup collection service means the collection of recyclable materials accumulated in recycling containers from a location at a dwelling unit other than the location designated by the recycling authority for regular collection. Colleeier=Hauler means a business person licensed by the city to collect, transport and dispose of- mixed municipal solid waste ("MSW" ), recyclahles, or yard waste refuse. The term shall include the hauler's^^'�eter's duly authorized and acting employees and agents. Composting means controlled aerobic decomposition of organic matter into a humus -like product called compost. Corot ost containers mean containers used for composting on residential property. The are to be enclosed on all vertical sides and made of a durable material free of rot. Compost sites mean locations on residential property for composting_ the eontre iia u asanrrrxa.i-i.s Garbage and, collection means the taking up and collecting of all mixed munici al solid waste ".MSW" accumulated at all dwelling residences, ate -places of business and other institutions in the city and the transportation of MSWs garage and refuse to a sanitary landfill or other place of disposal licensed and -per mitted b,�y the State.appreyed by the eity and p....yided by the_ e sstZnnF.i.- at the sole eense of d cmzcccv .11 eeter. Hazardous wastes are defined in Minnesota Statutes. Wastes are hazardous in the State when they display one or more by all haulers of these characteristics: ignitable, oxidizer, corrosive, reactive, toxic, or lethal. Litter means garbage, recyclables refuse and *41bbish and all other waste material which, if thrown or deposited as prohibited in this Code, tends to create a nuisance or danger to public health, safety and welfare. Mixed municipal solid waste "MSW" has the meaning set forth in Minnesota Statutes and means garbage. Garbage, rubbish trash, and other solid waste from residential commercial industrial and community activities that the generator of the waste 4ggregates for collection. MSW does not include auto hulks street sweepings, ash construction debris milling waste sludges, tree and a gricultural wastes tires lead acid batteries motor and vehicle fluids and filters and other materials collectedprocessed, and disposed of as separate waste streams. Also referred to as "trash" or "&arbage_" Permanent waste containers- means a container of galyanized ifen, plastie or- Ron tenon -corrodible material with a close -fitting cover, rodent and fly -proof, nonabsorbent, and leak -proof_; of the type comenonly sold as a garbage can, of suitable gauge and eenstFuetien t insure dur-abilits.i_and _with : tab 11':. �i1,urscz.rr-K43 a -a �and lid andof a na..aei4y not less than ten gallons nof: mofe than 30 gallons, but does not ineltide r efing .. Properly shredded or inks means the wastes from the preparation, cooking, and dispensing of food that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension. Recyclables shall have the meaning set forth in Minnesota Statutes and x•�ls-means materials that are separated from mixed municipal solid waste for the purpose of recycling, or composting including paper, glass, metals, plastics, source -separated compostable; materials and all materials hereafter designated as recyclable by the cit .auteffl bile oil Had batteries Refuse derived Aie4 or- athef material that is desifeyed by incineration is not a r-eeyelable material. Recycling shall have the definition in Minnesota Statutes and means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials 2 in a manner that precludes further use. Recycling services means recycling collection services, walkup earryout-collection services, and any other services provided to a dwelling unit in accordance with this Code. f WOMIM :C MPFUTMIRMM �t'liYl J„l1� Source separated organic_ materials ("SSO"') shall have the meaning set forth in Minnesota Statutes, and include food waste and other compostable organic materials that are source se arated for recovery. The term "organics" does not include yard waste for DuMoses of this section. Also referred to as "food wastelor anics" and "source separated organics."') Waste — see mixed municipal solid waste ("MSW")_ ref or rubbigh but shall ^ waste --".L,err�r- ett� ,-eb,<<2' mils. Yard iLastepe means garden wastes, �131 , leaves, lawn cuttings, weeds, shrubs, and tree waste and prutiin e brdsh of! tree bmnehes. Section 2. Section 8-14 Garbage and refuse collectors of the New Hope City Code is hereby amended to repeal the strikeouts and add the underlined text as follows: Sec. 8-14. — Garbage_ haulers. (b) Licensing regulations, terms and conditions. (8) Liability insurance. Every licensee shall carry gencml bodes liability insurance coverage for bodily in'u or death in an amount specified by State law. As of January 1, 2011, that is $1.5 million for bodiiv iniury or death and $200.000 for damages to property. Every licensee shall carry vehicle liability insurance in the: amount of at least $1,000,000. notlessthan $250 nrti0.00 per- per -son and no less an $500,000nn p aeow-P.-A.A.Pee and not less than $ 100,000.00 of r-epeay danw- se on all lieensed vehiele9j, or, at the licensee's option, eambined .iorcri-ricy 4nsuiirH£i. - )unr-Fivless than00,000.00 coverage on all liee see vehieles Every licensee shall also carry worker'sn compensation insurance for his employees. The licensee shall provide the city with evidence that said insurance is in full force and effect and shall provide the city with 30 days' written notice of cancellation of said insurance. (9) Cancellation or revocation. The parties hereunder may, if mutually agreeable, cancel such license. However, the city may revoke the license of any haulerer as provided for in this Code. (10) Display of license. The city shall furnish evidence of the license to the hauleree4eetof and such evidence shall be displayed in or upon each licensed vehicle in accordance with regulations promulgated by the city manager. (11) Identification. The haulereolIeetor shall display the companyhis name and telephone number in a conspicuous place on both sides of each licensed vehicle in letters and numerals no less than four inches in height. (c) Collection practices. (4) Yard waster-efuse. Each haul ereollec-tef shall separately collect; and transport yard _waste to a licensed and permitted yard waste composting facility."a yard eft (5) Source separated organics (SSO).ach hauler shall collect and transport source separated organics to a licensed and permitted facility designed to manage SSO either through composting or anaerobic digestion, (6S) Service complaints. a. Local contact ire ormation.;e1eph. N,zmimber. Each hauleree shall have a website with a local telephone number and an electronic communications link; , and shall provide staff to answer customer communications Wephone answering sen4ee between the hours of 9:00 a.m. and 4:30 p.m. Monday through Friday, except on legal holidays. b. Service failure make-up. Where, due to the hauler'seelleeteris fault, a customer is not serviced on the regularly scheduled day, the collection shall be made the day following the scheduled collection day. If the customer was not serviced because the waste containers were not accessible on the scheduled collection day, the collection shall be made as soon as possible by agreement between the haulereo4eetor and customer. (6) HaulerGoo' to replace damaged waste containers. The haulereolLeetoF shall replace at theirhis expense, damaged waste and recycling containers ..ire 11 (87) Haulerr'^'�or to replace containers replaceeever-s and eafis to their original locations. The haulereoUeetef shall after servicing the customer, replace all covers and cans to their original locations on the curbside and off the traveled portion of the street. (99) Use of private driveway prohibited. HaulersThe eellee tor- areis prohibited from driving hi-s-vehicles upon the private driveways of residents unless written approval is first obtained from such resident. (d) Transportation of waste. (1) Waste to be covered. No hauleree4ee*or- shall transport waste upon the public streets and highways or other public property of the city unless such waste being transported is entirely and securely covered. (2) "Paeker- type" refuse body for- tFanspei4iff# gaf!bage. No eolleetei: 81-A , eempaetion type bedy OpLOSSEeF o" refuse body, as ':pe ioa by io +•LFoanagro• f i., m i s designee. -Vehicles durable and maintained. Every vehicle used to collect waste or recycling must be constructed in such a way that all waste or recycling is securely transported, and that there is no dripping or leaking of any collected materials. Vehicles must be equinpgd with an audible electronic back-u alarm. Vehicles must be kept in izood repair. regularly cleaned. and maintained in a way to prevent persistent odors. (3) Cleanup of spillsed-waste. The hauleree shall immediately clean up in a neat and thoroMh.,..,.•k.,.,.,„ 4&-- manner any waste recycling or fluids that the haulereo4ectaf may have caused to spill upon the streets., &ad-tiighways or other public or private property in the city. Section 3. Section 9-11 Waste and recyclable materials collection and disposal is hereby amended to repeal the strikeouts and add the underlined text as follows: (a) Waste storage. (1) Accumulation of waste prohibited. All exterior property and premises shall be kept free from any accumulation of waste. a. Waste removal. The contents of waste containers must be collected at every week days -and every person shall always keep theirhs premises at all esfree and clean from same. 5 (2) Waste containers required —Placement and maintenance. c. Inspection. All waste containers shall be subject to inspection and approval by the city manager or designee. Filthy, leaking or defective containers shall be cleaned, repaired or replaced by and at the expense of the hauler. owner-, lessee of of per -son : in question aA the di ct:e .khe eity manager- or desigiiee-. d. Institutional, commercial and industrial waste containers. Institutional, commercial, and industrial waste ,., ntainars not mounted on-Miee6 shall be stored on a concrete or other non-L)enctrating surface that is dwable r-aeks, plaeed on al easily cleanable surface and be screened from view. The raeks, it+rvn pruvca-vr the sufWe shall be raised above the ground. Containefs mounted erarwheels penetrating sur-faee. e. Yard waste N . Yard wasteref tse must be enclosed in-maste containers separate from other waste. (b) Collection and disposal of waste. (1) Collection and disposal at once per week. In residential areas, all garbage and rise shall be collected and disposed of at least once every week by a hauler duly licensed by the city_eveti days, days by - ­11 ---" - .. duly N eensed by t ..' - I I Btion day far- 42ad Avenue 42nd Avenue shall be Wednesday. The e011eetOF Shall not call for waste at tke Fe 6:00 p."f (3) Garbage disposals. Food scraps may be disposed of by grinding and finely shredding it and disposing of it through pipes leading to a public sanitary sewer, providing that all garbage so disposed of in such pipes shall be ground or shredded to such a degree that all particles are carried freely under the flow conditions normally prevailing in the sewers into which the same is deposited. (i) Permitted composting/regulations. Composting of certain food scraps and yard wasterse as defined by this section and section 1-2 of this Code shall be permitted above ground in a controlled area per the following regulations allowing for the decomposition of the materials through an aerobic process providing adequate oxygen and moisture. At no time shall composting create a health hazard or a nuisance to adjoining properties. (k) Collection and processingdisp&sWu of recyclable materials. Recycling services shall be provided to all residential properties (including single-, two-, and multiple - family dwellings) and tenants of commercial buildings at least two times per month. 6 (1) Recycling authority; powers. The recycling authority is responsible for supervising and controlling the collection, ri:'meyai; processing, and marketing and of recyclable materials from all residential properties containing eight or fewer less -dwelling units in the city. The recycling authority may contract with one or more col�eter-s er haulers for the collection, processingfemov-al, and marketin di-spo-s& of seme or all types of recyclable materials from residential properties. The recycling authority may adopt and enforce additional rules not inconsistent with this chapter as necessary for the collection, processing, and marketing of recyclable materials, including but not limited to rules governing the days and hours of collection, the types of recyclable materials to be collected, the manner in which dwelling unit owners or occupants must prepare recyclable materials for collection, the recycling containers to be used, and the location of recycling containers for collection. Section 4. Section 9-42 is hereby amended to repeal the strikeouts and add the underlined text as follows: (b) Hourly restriction on certain operations. (3) Garbage and source se crated organic materials Refuse haulings. No person; except a resident handling his own tr-ash, shall collect or remove garbage or SSOgarbage-er­T e in any residential district except between the hours of 6:00 a.m. and 6:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Section 5. Effective Date. This Ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 22nd day of March, 2021. < Kathi He en, May Attest: �,�. Valerie Leone, City Clerk (Summary published in the New Hope -Golden Valley Sun -Post the 1 st day of April, 2021.) PA\Attorney\SA5\1 Client Files:\2 City of New Hope\99-82102 Organics Ordinance\Ordinance 21-02.docx 7 SUMMARY OF ORDINANCE NO.21-02 AN ORDINANCE AMENDING §§ 1-2, 8-14, 9-11 AND 9-42 OF THE NEW HOPE CITY CODE — GARBAGE, RECYCLING AND SOURCE SEPARATED ORGANICS Ordinance No. 21-02 amends Sections 1-2, 8-14, 9-11 and 9-42 of the New Hope City Code to: (1) require licensed garbage haulers to offer collection of source separated organic materials in the city; and (2) revise the language of the Code to be more consistent with Minnesota Statutes regarding garbage, recycling and organics, among other revisions. The full version of Ordinance No. 21-02 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 22, 2021, and shall become effective upon publication. Valerie Leone City Clerk (published in the New Hope — Golden Valley Sun Post on April 1, 2021) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN lane Erickson 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/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 04/01/2021 and the last insertion being on 04/01/2021. 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 ldjoining 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 04/01/2021 by Diane Erickson. Notary Public J.i0•l=h.v5:a;�:.;PY-.yrs'l�iviuz%r� - DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My Commission E*= Jan 81, 2024 ry! M: Rate Information: ,'(1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 1125505 CITY OF NEW HOPE SUMMARY OF ORDINANCE NO.21-02 AN ORDINANCE AMENDING §§ 1-2, 8-14, 9-11 AND 9-42 OF THE NEW HOPE CITY CODE — GARBAGE, RECYCLING AND SOURCE SEPARATED ORGANICS Ordinance No. 21-02 amends Sections 1-2, 8-14, 9-11 and 9-42 of the New Hope City Code to: (1) require licensed garbage haulers to offer collection of source separated organic materials in the city; and (2) revise the language of the Code to be more consistent with Minnesota Statutes regarding garbage, recy- cling and organics, among other revisions. The full version of Ordinance No. 21-02 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. The above Ordinance was ad- opted by the New Hope City Coun- cil on March 22, 2021, and shall become effective upon publication. Valerie Leone City Clerk Published in the Sun Post April 1, 2021 1125505 ORDINANCE NO.21-03 AN ORDINANCE AMENDING SECTIONS 4-16 CB, COMMUNITY BUSINESS DISTRICT AND 4-17 CC, CITY CENTER DISTRICT OF THE NEW HOPE CITY CODE RELATED TO PERFORMANCE STANDARDS FOR OUTDOOR DINING THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-16(d)(4), Uses by Administrative Permit, CB, Outdoor dining, accessory. Outdoor dining as an accessory use for restaurants, drive-in, and convenience food establishments, under a conditional use permit subject to the following conditions is hereby amended to read as follows: c. The size of the dining area is restricted to 30 percent of the total customer floor area within the principal structure. for restaurants located in shopping centers,^ multiple tenant buildings or within a site with sharetl parking. r-rcestanding restaurants inay exceed the 30 xrcent outdoor dining size restriction provided they meet the following provisions: 1. The freestanding restaurant is located on its own lot and does not share parking with other businesses. 2. The maximum allowable size of the outdoor dining area shall be based on site nicetin�; the city's parking requirement for restaurant dining and bar space for both the indoor and outdoor dining. 3. The outdoor dining area shall maintain a minimum setback of five (5) feet from property lines abutting other commercial properties or public streets. 4. The outdoor dinin-, areas shall maintain a minimum setback of thirty (30) feet from property lines abutting a residential laird use. Section 2. Section 4-17(d)(1)d. Administrative uses listed in Table 4-17(d)-1 are also subject to the following administrative use provisions, Outdoor dining is hereby amended to read as follows: 2. The size of the dining area is restricted to 30 percent of the total customer floor area within the principal structure. for restaurants located in shopping, centers, multiple tenant buildings or within a site with shared parking,. Freestanding restaurants may exceed the 30 percent outdoor dining size restriction provided they meet the following provisions: i. The freestanding restaurant is located on its own lot and does not share parking`with other businesses. ii. The maximum allowable size of the outdoor dining area shall be based on site the city's parking requirement for restaurant dining and bar space for both the indoor and outdoor dining. iii. The outdoor dining area shall maintain a minimum setback of five (5) feet from property lines abutting, other commercial properties or public streets. iv. The outdoor dining areas shall maintain a minimum setback of thirty (30) feet from property lines abutting a residential land use, Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 26th day of April, 2021. -Ap// Kathi mken, Mao V ATTEST: Valerie Leone, City Clerk SUMMARY OF ORDINANCE NO.21-03 AN ORDINANCE AMENDING SECTIONS 4-16 CB, COMMUNITY BUSINESS DISTRICT AND 4-17 CC, CITY CENTER DISTRICT OF THE NEW HOPE CITY CODE RELATED TO PERFORMANCE STANDARDS FOR OUTDOOR DINING Ordinance No. 21-03 amends the New Hope City Code to allow freestanding restaurants to exceed the 30 percent outdoor dining size restriction subject to meeting certain provisions. The full version of the ordinance 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 April 26, 2021, and shall become effective upon publication. Valerie Leone City Clerk (published in the New Hope — Golden Valley Sun Post on May 6, 2021) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ane Erickson 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 05/06/2021 and the last insertion being on 05/06/2021. 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 mown office of issue is located in a county ,'ijoining 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 05/06/2021 by Diane Erickson. Notary Public .vVir.i' Ls4�V4MNbR+L'•/. 9-1'+-"t•--Ju?ssV Jih/M91P97cbi DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNEBOTA Nry Commission Exphu Jan 31, 2024 Rate Information: 4) Lowest classified rate paid by commercial users :or comparable space: $46.90 per column inch Ad ID 1134719 CITY OF NEW HOPE SUMMARY OF ORDINANCE NO. 21-03 AN ORDINANCE AMENDING SECTIONS 4-16 CB, COMMUNITY BUSINESS DISTRICT AND 4-17 CC, CITY CENTER DISTRICT OF THE NEW HOPE CITY CODE RELATED TO PERFORMANCE STANDARDS FOR OUTDOOR DINING Ordinance No. 21-03 amends the New Hope City Code to allow freestanding restaurants to exceed the 30 percent outdoor dining size restriction subject to meeting cer- tain provisions. The full version of the ordinance is posted at www.newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minne- sota. The ordinance was adopted by the New Hope City Council on April 26, 2021, and shall become effec- tive upon publication. Valerie Leone City Clerk Published in the Sun Post May 6, 2021 1134719 ORDINANCE NO. 21-04 AN ORDINANCE AMENDING NEW HOPE CITY CODE §7-6 NUMBER OF DOMESTIC ANIMALS ALLOWED THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 7-6 Number of domestic animals allowed of the New Hope City Code is hereby amended to repeal the strikeouts and add the underlined text as follows: It shall be a public nuisance and unlawful to allow, permit, keep, maintain, sell or harbor animals within the city, in violation of the following regulations o_- ,V,ithe t a eity pennit as, (1) Dogs. No more than three dogs over six months old, up to a limit of ten dogs if the additional dogs are puppies under six months old, unless a kennel license is obtained. (2) Cats. No more than three cats over six months old, up to a limit of ten cats if the additional cats are kittens under six months old, unless a kennel license is obtained. (3) Other household pets. No more than three other domesticated household pets of any kind or combination thereof kept for companionship and pleasure, including, but not limited to, small caged animals in the rodent family, members of the lagomorph family, domesticated ferrets, caged birds in the parrot or finch families, non -venomous reptiles less than six feet in length and non-poisonous amphibians. This limitation shall not apply to non -game fish sold at retail in pet shops for the purpose of being kept in an aquarium. (4) _Chicice)is�i4. No more than fouithf-ee fow4chickens. of aay-kind a "biflatiem geese,thweefl. "Few!" means chickens, dueks, affictlitUfal OF "'I "POW!" d0esiiot meanroeTteFs and Nno roosters of any kind are permitted within the city by this section. a. Shelter rcquireuieilts. Chickens shall be properly protected from the weather and predators in a shelter or coop, and have access to the outdoors in an enclosed or fenced area. The shelter and/or enclosure shall meet all of the followin requirements: 1. Applicable building property maintenance and zoiiint; requirements of tile cit Code; 2. All electrical work shall be done according to applicable codes and with aapropriate pennits; 3. The shelter shall be situated closer to the chicken owner's dwelling than to any of the neighboring dwellings, and in no case closer than ten feet to the lot line; 4. Shelter and enclosure must be located in the rear yard: 5. Screening from abutting residential properties in the form of a solid privacv fence of at least four feet in height constructed according to the fence standards of the city code shall be provided for the shelter and enclosure-, 6. A shelter shall not exceed 120 square feet in size and shall not exceed six feet in height, 7. An enclosure or fenced area for chickens shall not exceed 20 square feet per bird and shall not exceed six feel In hvi ght and shall have protected overhead nettin to prevcnt attractin 7 redators' 8. An enclosure or fenced area may be constructed with wood and/or woven wire materials that allow chickens to contact theground; and 9. The structure must be properly constructed and of quality materials to deter rodents and predators. b_ . Prevention of nuisance conditions. Owners shall care for chickens in a humane manner and shall prevent nuisance conditions by ensuring the following conditions are met: 1. The shelter and enclosure are maintained in good repair, and in a clean and sanitary manner free of vermin and objectionable odors: 2. Feces and discarded feed is regularly collected and stored in a leak -proof container with a tight -fitting cover to prevent nuisance odors and the attraction of vermin until it can be disposed of pronerly;, 3. Chicken feed shall be stored in a leak -proof container with a tight-fittingtight-fittipg cover to prevent attracting vermin; 4. Chickens shall be secured inside of a shelter from sunset to sunrise each day to prevent nuisance noise and attracting predators; 5. Chickens shall remain in either the shelter or enclosure at all times and shall not run at large; and 6. The shelter shall be winterized to protect the chickens in cold weather. c. Sale of eggs. Owners must comply with all recluirements and performance standards for home enteEprises in the ci code and all Minnesota Department of Agriculture requirements for the Rafe of eggs. (5) Wild animals. No live wild animals of any kind. (6) Hoofed animals. No horses, cows, sheep, goats, pigs or any kind of other hoofed animals with the exception of one pot-bellied pig. (7) [Nuisance animals.] No combination of animals and/or cliickensfOW4 of any age referred to in subsections (1) through (6) above kept in such numbers or under such conditions which unreasonably annoy, injure, or endanger the health, safety, comfort, repose or welfare of the public or of said animals or chickens owl. Will IIII - ^s l� I1na,M. LR•Sl.lW-1 MMU U-1; ��5�111Kllfi lYj Ylf1✓iKYY�•�1� �' Section 2. Effective Date. This Ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 13th day of September, 2021. Kathi 14catken, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope -Golden Valley Sun -Post the 23 day of _ September , 2021.) PAAttomey\SAS\1 Client FilcO City of New Hope\99-82104 City Code 7-6 Number domestic animals\Ordinance 21-04 - Sec.7-6 Number domestic animals allowed.docx AFFI DAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN -`'aren Nelson being duly sworn on an oath, ites 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 09/23/2021 and the last insertion being on 09/23/2021. 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, it substantial portion of the newspaper's circulation is in the latter county. By:— &a,, Designated Agent Subscribed and sworn to or affirmed before me on 09/23/2021 by Karen Nelson. Notary Public DARLENE MARIE MACPHERSON + NOTARY PUBLIC - MINNESOTA My Cammisslon Expl= Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 1168253 CITY OF NEW HOPE SUMMARY OF ORDINANCE NO.21-04 AN ORDINANCE AMENDING §7-6 OF THE NEW HOPE CITY CODE — NUMBER OF DOMESTIC ANIMALS ALLOWED Ordinance No. 21-04 amends Section 7-6 of the New Hope City Code to: (1) Increase the number of chickens allowed to be kept in the City to 4 and eliminate the term "Fowl" to referto only chickens with the prohibition against roosters to remain; (2) Define shelter require- ments for the chickens; (3) Listing prevention of nuisance conditions; (4) Delete the permit to exceed lim- itations provision in its entirety. The full version of Ordinance No. 21-04 is posted at www. newhoaemn.aov 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 September 13, 2021, and shall become effective upon pub- lication. Valerie Leone City Clerk Published in the Sun Post September 23, 2021 1168253 ORDINANCE NO. 21-05 AN ORDINANCE AMENDING SECTIONS 4-2(b) AND 4-3(b) OF THE NEW HOPE CITY CODE RELATED TO ACCESSORY STRUCTURES THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-2(b), Definitions is hereby amended to add the underlined text as follows: Carport means an accessory building that is a canopy constructed of metal or other material supported by posts either ornamental or solid and completely or partially open on more than one side. Section 2. Section 4-3(b), General building requirements is hereby amended to repeal the stricken text and add the underlined text as follows: (6) Accessory buildings, uses and equipment. An attached garage or attached accessory building shall be considered an integral part of the principal building. Attached garages and attached accessory buildings shall meet all required building setbacks of the applicable zoning district. Detached garages and accessory buildings must comply with the location, setback, size and area restrictions of this section: and alay not be constructed with sheet nictal scrap metal coMli,,ated nictal' al ood or scrap wood-, cativas nylon, or other non -rigid material, or cast-off, secondhand, or other materials not originally intended to be used for constructing an accessory structure. a. Permitted locations and setbacks. Accessory garages and buildings, both attached and detached, are permitted in side yards and rear yards. Detached structures are also subject to the following setback conditions: 1. Side yard interior .....5 feet 2. Side yard abutting a street .....20 feet 3. Side yard abutting a collector or arterial street .....30 feet 4. All rear yards —Accessory buildings .....5 feet 5. All rear yards --Garages and carports .....10 feet Garages for single-family and two-family lots. Every single-family and two-family dwelling unit hereafter erected shall be so located on the lot so that garage space for at least two vehicles, either attached or detached, can be located on said lot. The elimination of private garage space or conversion of a garage space into living space shall require the construction and/or availability of private garage space for at least two passenger autornobiles on the premises. Off-street parking for any residential use shall be in accordance with subsection 4-3(e) of this Code. Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 22nd day of November, 2021. t Q/ - eJU, Kathi "een, Wyor ATTEST: Valerie Leone, City blerk P:\Attomey\SAS\l Client Files\2 City of New Hope\99-82105 Accessory structures - 4-2(b) and 4-3(b)\PC 21-09 Ordinance 21-05 Accessory Structures.docx 0a SUMMARY OF ORDINANCE NOS. 21-05, 21-06, 21-08 ORDINANCES AMENDING SECTIONS 4-2, 4-3 & 4-17 OF THE NEW HOPE CITY CODE RELATED TO ACCESSORY STRUCTURES, TUTORIAL USES, AND ALLOWABLE USES IN THE CITY CENTER DISTRICT Ordinance No. 21-05 defines carports as accessory structures and restricts the types of materials that can be used in their construction and specifies that garages with more than one stall cannot be eliminated or reduced to one stall unless additional garage space is added elsewhere on the property. Ordinance No. 21-06 amends the definition of on -site service businesses to include specialty schools and tutoring centers offering one-on-one instruction of students. Ordinance No. 21-08 allows on -site service businesses and prohibits off -site service businesses in the City Center zoning district. All of the above Ordinances were adopted by the New Hope City Council on November 22, 2021, and shall become effective upon publication. Valerie Leone City Clerk (Published in the New Hope — Golden Valley Sun Post on December 2, 2021) ORDINANCE NO.21-06 AN ORDINANCE AMENDING SECTION 4-2(b) OF THE NEW HOPE CITY CODE RELATED TO TUTORIAL USES THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-2(b), Definitions is hereby amended to repeal the stricken text and add the underlined text as follows: Commercial use means the principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services, including, but not limited to, the following: (13) Service business —On -site means an establishment that provides useful labor, maintenance, repair and activities incidental to business production or distribution where the customer patronizes the location of the operation, such as banks (not including drive -through facilities), copy centers, barber/beauty salons, laundromats, dry cleaners, funeral homes and mortuaries, animal clinics, appliance repair, tailor shops, travel bureaus, and specialty schools or tutoring, centers offering only one-on-one instruction of students. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 22nd day of November, 2021. - a-'4 Kathi He en, Mayo ATTEST: Valerie Leone, City Clerk P:\Attomey\SAS\l Client Filcs\� City of New Hope\99-82106 Commercial Use - tutorial - 4-2(b)\Ordinance No. 21-06.docx SUMMARY OF ORDINANCE NOS. 21-05, 21-06, 21-08 ORDINANCES AMENDING SECTIONS 4-2, 4-3 & 4-17 OF THE NEW HOPE CITY CODE RELATED TO ACCESSORY STRUCTURES, TUTORIAL USES, AND ALLOWABLE USES IN THE CITY CENTER DISTRICT Ordinance No. 21-05 defines carports as accessory structures and restricts the types of materials that can be used in their construction and specifies that garages with more than one stall cannot be eliminated or reduced to one stall unless additional garage space is added elsewhere on the property. Ordinance No. 21-06 amends the definition of on -site service businesses to include specialty schools and tutoring centers offering one-on-one instruction of students. Ordinance No. 21-08 allows on -site service businesses and prohibits off -site service businesses in the City Center zoning district. All of the above Ordinances were adopted by the New Hope City Council on November 22, 2021, and shall become effective upon publication. Valerie Leone City Clerk (Published in the New Hope — Golden Valley Sun Post on December 2, 2021) ORDINANCE NO.21-07 AN ORDINANCE AMENDING SECTION 3-33(c) OF THE NEW HOPE CITY CODE RELATED TO RESPONSIBILITY FOR SECURING THE BUCO THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 3-33(c), Responsibility is hereby amended to repeal the stricken text and add the underlined text as follows: (c) Responsibility. Both tThe property owner and flee lessee shall be responsible for securing the business use certificate of occupancy required by this section Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 22 day of _ November , 2021. Kathi Hemken, M r ATTEST: zf - Valerie Leone, City Clerk P:\Attomey\SAS\l Client Files\2 City of New Hope\99-82107 BUCO\Ordinance 21-07 Business Use Certificate of Occupancy.docx AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN 'Karen Nelson 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 12/02/2021 and the last insertion being on 12/02/2021. 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 12/02/2021 by Karen Nelson. Notary Public i DARLENE MARIE MACPHERSON N07ARY PUBLIC - MINNESOTA s' ally Commisslw Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users 'for comparable space: $46.90 per column inch Ad ID 1186093 CITY OF NEW HOPE ORDINANCE NO.21-07 AN ORDINANCE AMENDING SECTION 3-33(c) OF THE NEW HOPE CITY CODE RELATED TO RESPONSIBILITY FOR SECURING THE BUCO THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 3-33(c), Re- sponsibility is hereby amended to repeal the stricken text and add the underlined text as follows: (c) Responsibility. The property owner shall be responsible for se- curing the business use certificate of occupancy required by this sec- tion Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 22 day of Novem- ber, 2021. Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk Published in the Sun Post December 2, 2021 1186093 ORDINANCE NO.21-08 AN ORDINANCE AMENDING SECTION 4-17(d) OF THE NEW HOPE CITY CODE RELATED TO ALLOWABLE USES IN THE CITY CENTER DISTRICT THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-17(d), Uses is hereby amended to repeal the stricken text and add the underlined text as follows: The following table 4-17(d)-1 indicates permitted, conditional, temporary, and administrative uses in the district: TABLE 4-17(d)-1 Use Permitted Cond- itional Temporary Admin Permit Residential Uses Multi -family housing (10-50 units per acre, net) C Live -work building C Mixed -use, residential and commercial P PUD, residential C Residential care facility (7-16 persons) C Licensed day care facility C Senior/disabled housing C Civic and Public Uses Community centers P Government buildings P Essential services P Farmers' markets, festivals T A Park and ride facility, structured P Public parks and playgrounds P Recreation facilities, public P Commercial Uses Appliance and furniture sales <10,000 SF P Brewery with taproom C Brewpub P Clinic P Conference center P Daycare and adult daycare C Financial services and other fine finance P Grocery, supermarkets P Health clubs, under 5,000 SF P Health clubs, over 5,000 SF C Hospitality business P Hotel P Internet publishing, broadcasting P Microdistillery with cocktail room C Office business P Personal service businesses P Printing, publishing, engraving, SF P PUD, Commercial C Recreational business, under 10,000 SF P Recreational business, over 10,000 SF C Restaurant, bakery, coffee shop P Retail business P ~^^�&Service business — On -site P Sports training centers, under 5,000 SF P Sports training centers, over 5,000 SF C Structured parking facility P Studios - dance, health, art P Theatre P Trade schools, under 5,000 SF P Trade schools, over 5,000 SF C Veterinary clinic C Accessory Uses Auto parking P Drive-thru service lane A Entertainment, live, as accessory to restaurant C Home occupations, permitted P A Newsstand P Off-street loading P Open/outdoor sales, seasonal products T A Outdoor dining, patio A Outdoor dining, rooftop A Radio and television receiving antennas P Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 22ndday of November : 2021. &fix/ LI Kathi ken, Ma or ATTEST: Valerie Leone, City Clerk P:Wttorney\SASU Client Files\2 City of New Hope\99-82108 City Center Allowable Uses\Ordinance 21-08 City Center Allowable Uses.docx 2 SUMMARY OF ORDINANCE NOS. 21-05, 21-06, 21-08 ORDINANCES AMENDING SECTIONS 4-2, 4-3 & 4-17 OF THE NEW HOPE CITY CODE RELATED TO ACCESSORY STRUCTURES, TUTORIAL USES, AND ALLOWABLE USES IN THE CITY CENTER DISTRICT Ordinance No. 21-05 defines carports as accessory structures and restricts the types of materials that can be used in their construction and specifies that garages with more than one stall cannot be eliminated or reduced to one stall unless additional garage space is added elsewhere on the property. Ordinance No. 21-06 amends the definition of on -site service businesses to include specialty schools and tutoring centers offering one-on-one instruction of students. Ordinance No. 21-08 allows on -site service businesses and prohibits off -site service businesses in the City Center zoning district. All of the above Ordinances were adopted by the New Hope City Council on November 22, 2021, and shall become effective upon publication. Valerie Leone City Clerk (Published in the New Hope — Golden Valley Sun Post on December 2, 2021) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) s5 COUNTY OF HENNEPIN ,Karen Nelson 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 12/02/2021 and the last insertion being on 12/02/2021. 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 12/02/2021 by Karen Nelson. Notary Public +�mren�„mwrcy;,bq,�v DARLENE MARIE MACPHERSON why . NOTARY PUBLIC - MINNESOTA My ComMWW E PUN ,Ian 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users )for comparable space: $46.90 per column inch Ad ID 1186092 CITY OF NEW HOPE SUMMARY OF ORDINANCE NOS. 21-05, 21-06, 21-08 ORDINANCES AMENDING SECTIONS 4-2, 4-3 & 4-17 OF THE NEW HOPE CITY CODE RELATED TO ACCESSORY STRUCTURES, TUTORIAL USES, AND ALLOWABLE USES IN THE CITY CENTER DISTRICT Ordinance No. 21-05 defines carports as accessory structures and restricts the types of materials that can be used in their construc- tion and specifies that garages with more than one stall cannot be elimi- nated or reduced to one stall unless additional garage space is added elsewhere on the property. Ordinance No. 21-06 amends the definition of on -site service businesses to include specialty schools and tutoring centers of- fering one-on-one instruction of students. Ordinance No. 21-08 allows on - site service businesses and prohib- its off -site service businesses in the City Center zoning district. All of the above Ordinances were adopted by the New Hope City Council on November 22, 2021, and shall become effective upon publication. Valerie Leone City Clerk Published in the Sun Post December 2, 2021 1186092