1991 ORD ORDINANCE NO. 91-01
AN ORDINANCE AMENDING THE NEW HOPE CODE
REGARDING THE ESTABLISHMENT OF THE
NEW HOPE FIRE DEPARTMENT
The City Council of the City of New Hope ordains:
Section 1. Section 2.20 "Volunteer Fire Department and Fire
Prevention" of the New Hope City Code is hereby amended to read
as follows:
2.20 Fire Department and Fire Prevention.
Section 2. Section 2.201 "~omposition" of the New Hope City
Code is hereby amended to read as follows:
2 201 CompOsition. The City shall maintain a V~tee~ Fire
Department. The department shall be headed by the Fire
Chief who shall be a full-time az employee of the City
having a position i~ the classified service. The
department shall consist of not less than 10 nor more
than 45 paid-on-call members. They shall be deemed
employees of the City in the non-classified service.
~m wh~eh An Assistant Chief, an Engineer and such
Captains and Lieutenants as deemed necessary by the
City Manager ~h~e~ shall be appointed e~eete~ by
the City Manager pursuant to a recommendation by a
selection committee under the control and direction of
the Personnel Board of the City. --
Section 3. Section 2.202 "Election of Officers" of the New
Hope City Code is hereby amended to read as follows:
2.202 Appointment E~eet~ of Officers. The Assistant Chief,
Captains and Lieutenants shall be appointed e~eete~
&~a~y by the City Manager memMe~s ~ the
e~M~eet to ee~mat~e~ My the ~e~e~. The Personnel
Board shall adopt personnel regulations establishing
their terms of office and they shall hold office
yeas &a~ until their successors have been duly
appointed e~eete~, except that they may be removed by
the City Manager S~ae~ for cause aa~ after a public
hearing pursuant to the provisions of the Civil Service
Regulations of the City. ¥~Mat~a~ ~e
sha~ ~e ap~te~ My the ~ty Ma~age~
Section 4. Section 2.204 "Fire Chief" of the New Hope City
Code is hereby deleted in its entirety.
Section 5. Section 2.205 "Assistant Fire Chief" of the New
Hope City Code is hereby deleted in its entirety.
Section 6. Section 2.206 "Records" of the New Hope City
Code is hereby amended to read as follows:
2.206 Records. The City Clerk with the assistance of the
Chief shall keep in convenient form a complete record
of all fires. Such record shall include the time of
the alarm, location of the fire, cause of fire (if
known), type of property, name of owner and tenant,
purpose for which occupied, estimate of loss of
property and contents, members of the Department
responding to the alarm, and any other information as
he ma~ deemed advisable or as may be required from time
to time by the Council or State Fire Marshal's Office.
Section 7. Section 2.207 (1) "Volunteer Firefighters" of the
New Hope City Code is hereby amended to read as follows:
2.207 Department Members
(1) Qualifications. All applicants for membership
shall be not less than eighteen
%h~%~-~ve years of age and able-bodied. They
shall maintain a probationary membership status
for no less than a twelve month period and shall
not be accepted as regular firefighters until they
have satisfactorily completed all %he required
training. ~he ~me~ m~ ~e~e ~ha~ Each
candidate, before he ma~ Bee~me becoming a
firefighter, must satisfy certain minimum
requirement qualifications wh~eh ma~ ~e specified
by the Department ~aae~½, and %ha% he must pass a
satisfactory mental and physical examination. The
City Manager upon the recommendation of the Chief
shall have the authority to revoke membership of
any probationary member for failure to comply with
current rules and regulations of the Department
~ ~ ~ee~mme~~ ~ the Membership
Section 8. Effective Date. The ordinance shall be
effective upon its passage and publication.
Dated the 25th day of February , 1991.
Attest:
-- City
(Published in the New Hope-Golden Valley Post on the 6th day of
March , 1991.)
ORDINANCE NO. 91-01
AN ORDINANCE AMENDING THE
NEW HOPE CODE REGARDING THE
ESTABLISHMENT OF THE NEW HOPE
FIRE DEPARTMENT
The City Council of the City of New Hope
ordair*;s:
Section 1. Section 2,20 "Volonteer Fire De-
partment and Fire Prevention" of the New POST PUBLICATIONS
Hope City Code is hereby amended to read as
follows:
"' Fire Departmentand Fire Prevention. AFFIDAVIT OF PUBLICATION
tion 2. Section 2.201 "Composition" of
~ew Hope City Code is hereby amended to
~read as follows:
2.201 Composition. The City shall maintain a
[Volunteer] Fire Department· The de
partment shall be headed by the Fire Chief STATE OF MINNESOTA
who shall be a full-time [an] employee of SS.
the City haying a position in the classified COUNTY OF HENNEPIN
service. The department shall consist of not
less than 10 nor more than 45 paid-on-call
members. They shall be deemed employees
of the City in the non-classified service.
[from which] An Assistant Chief, an
Engineer and such Captains 'and Lieuten-
ants as deemed necessary by the City Man-
ager [Chief] shall be appointed [elected]
by the City Manager pursuant to a recom-
mendation by a selection committee under
· the control and direction of the Personnel ~Ta~,'~er~'~u, ~.o~.c[~"1. , being duly sworn, eel oath says that he is the publisher or authorized
Board of the City.
Section 3. Section 2.202 "Election of Of- agent and employee of the publisher of the eewspapor known as the
ricers" of the New Hope City Code is hereby and has full knowledge Of the facts which are stated below:
a mended to read as follows:
2.202 Appointment [Election] of Officers. (A) The newspaper has complied with all Of the requirements constituting qualificatiofl as a qualified newspaper, as
The Assistant Chief, Captains and Lieuten- provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
ants shall be appointed [elected annually]
by the City Manager[members of the De-
partment, subject to confirmation by the 0~Laaz~oe No.91-01
Council.] The Personnel Board shall adopt (B) Theprinted.
personnel regulations establishing their
terms of office and they shall hold office'
[for one year and] until their successors
have been duly appointed [elected], except
that they may be removed by the City Man-
ager [Council] for cause [and] after a
public hearing pursuant to the previsions of
the Civil Service Regulations of the City. which is attached was cut from the columns Of said newspaper, and was printed and published once a week, for
[Probationary fire fighters shall be ap-
pointed by the City Manager. Firefighters ~ Wednesday 6th
shall continue as members of the Depart- __ successiveweeks; ifwasfirstpublishedon ,the dayOf
ment during good behavior and by comply
lng with the rules and regulations of the
Department, and may be removed by the l~arch
Council only for cause and after a public 19,;~. , and was thereafter printed and published on every
hearing.]
Section 4. Section 2.204 "Fire Chief" of the
~w Hope City Code is hereby deleted in its foand includingthe , dayof ,19.~
'ety. and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be-
often 5. Section 2.205 "Assistant Fire lng the size and kind of typo used in the composition and publication of the notice:
' ,.,~ef' of the New Hope City Code is hereby
deleted in its entirety, abcdefghiiklmnopqrstuvwxyz
Section 6. Section 2.206 "Records" of the
New Hope City Code is hereby amended to
read as fOllows:
2.206 Records. The City Clerk with the assis- ~~
fence of the Chief shall keep in convenient
form a complete record of all fires. Such
record shall include the time of the alarm,
location of the fire, cause of fire (if known), BY:
type of property, name of owner and tenant,
purpose for which occupied, estimate of loss
of property and contents, members of the
Department responding to the alarm, and TITLE: General"~ager
any other information as [he may] deemed
advisable or as may be required from time Acknowledged before me on
to time by the Council or State Fire Mar-
shal's Office.
Section 7. Section 2.207 (1, "Volunteer ?th Narch 91
PJrefighters" of the New Hope City Code is this dayof 19.
hereby a mended to read as follows:
2.207 Department Members [Volunteer-Firefighters]. ~t
: , (1) Qualifications. All applicants for
membership shall be not less than eighteen Notary
Pub.c V
[nor more than thirty-five] Y~ars of age
probationary membership states for no less ~ ~!,~';~ ~" ~-.:~ ~ ~T~ ~ , ; C--M!Ni, gSOTA
- than a twelve mOnthperlod andshall not beaccepted as regular firefighters ' ~ ~ ~ ,i,? ~,:.:,, . , .. J~I:~Y
"have satisfactorily completed all [the] re- ; ~...~ ~,~..~;-.
quired training. [The Council may require
that.] Each candidate, before [he may
become] becoming a firefighter, must sat-
isfy certain minimum requirement .
qualifications [which may be] specified by RATE INFORMATION
the Deportment [Council], and [that he]
must pass a satisfactory mental and physi- (1) Lowest classified rate paidbycommercialusersfor cum- $
cai examination. The City Manager upon the parable space. (Lin~) ' --
recommendation of the Chief shall have the i
authority to revoke membership of any
probationary member for failure to comply i (2) Maximum rate allowed by law for the above matter. $.
with current rules and regulations of the
Department [only upon recommendation of (Line)
AAembership
Committee).
(3) Rate actually charged for the above matter. S
."lion 8. Effective Date. The ordinance (Line)
, be effective upon its passage and
~rublication.
Dated the 25th day of February, 1991.
/s/Edw J. Erickson
A6ayor
Attest: /s/Valerie Leone
City Clerk
Boldface indicates new matter. Brackets
[] indicates matter to be deleted.
(Published New Hope-Golden Valley
PostNews March 6, 1991)
ORDINANCE NO. 91-02
AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE
BY ADDING SECTION 4.036(13) ESTABLISHING A
CONDITIONAL USE PERMIT PROCEDURE ALLOWING
THE DEFERRAL OF REQUIRED PARKING
The City Council of the City of New Hope ordains:
Section 1. Section 4.036 (13) "Off-Street Parking
Requirements" of the New Hope City Code is hereby amended by
adding subsection (13) "Deferment of Required Parking" to read as
follows:
(13) Deferment of Required Parking. A reduction in the
number of required parking stalls may be permitted by
conditional use permit provided that:
(a) Evidence is provided demonstrating that the
parking requirements of the proposed use will be
less than the parking required under §4.036 of this
Code during the peak demand period. Factors to be
considered when reviewing the proposed parking
demand shall include, but not be limited to:
(i) Size, type and use of building.
(ii) Number of employees.
(iii) Projected volume and turnover of
employee and/or customer traffic.
(iv) Projected frequency and volume of
delivery or service vehicles.
(v) Number of company owned vehicles.
(vi) Storage of vehicles on site.
(b) In no case shall the amount of parking provided be
less than one-half (1/2) to the amount of parking
required by Ordinance.
(c) The property owner can demonstrate that the site
has sufficient property under the same ownership
to accommodate the expansion of the parking
facilities to meet the minimum requirements of
§4.036 of this Code if the parking demand exceeds
on-site supply.
1
ORDINANCE NO~ 91-02 '
AN ORDINANCE AMEND~ THE NEW
HOPE ZONING
SECTION ~(,T~~J NG A
CONDITION CEDURE
ALL oF
POST PUBLICATIONS
The Cit~/~C ew Hope
ordains
Sect, on ,. ,.°3, ;(13, AFFI DAVIT OF PUBLICATION
Parking Requirements" of the NEW Hope City
Code .is.hereby amended by adding subsection
(13) "Deferment of Required Parking" fo
read as follows:
(13) Determenl of Required Parking. A
reduction ?rathe number of required parking
stalls may be permitted by conditional use STATE OF MINNESOTA
permit provided that: COUNTY OF HENNEPIN ss.
(a) Evidence is p['ovded demonstrating
that the parking, requirements of the pro-
posed use will be less than the parking re-
quired under ]~4.036 of this Code during the
peak demand period. Factors to be con-
sidered when reviewing the pr:oposed park-
ing demand shall include, but not be limited
to:
(i) Size, type and use of building.
(ii) Numberofemployees. Walter D. Roach
(iii) Projected volume' and turnover of
employee and/or customer traffic , being duly sworn, on oath says that he is the publisher or authorized
(iv) Projected frequency and volume of agent and employee of the publisher of the newspaper known as the
delivery or service vehicles, and has full knowledge of the facts which are stated below:
(v) Number of company owned vehicles.
(vi) Storage of vehicles on site. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
(b) In no case shall the amount of parking provided by Minnesota Statue331A.02,331A.07, andother applicablelaws, asamended.
provided be.less than on,-half (1/2] to the
amount of 0arking required by Ordinance.
(c) The property owner 'can demonstrate OrdinanceNo. 91-02
that the site has sufficienl property under (B) The printed.
the same ownership to accommodate the
expansion of the parking ]Facilities to meet'
the minimum requirements of §4,0::~eli this
Cede if the parking demand e~e&ds on-site
supply.
(d) On-site parking shall only-occur in
areas designed and constructed ~or parking
in accordance with §4.03,*of this (~ode. The which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
area reserved as "proof of '~arEing" shall
be sodded or seeded arid maintagned as 1 Wednesday 2~rd
green space or a recreational area. NO
permanent buildings shall' be pei'~!itted in successive weeks; it was first published on the day of
the "proof of parking" area." -;
(e) The property owner Shall reCord a January 91
restrictive covenant againSt:the ti~ rd:the 19.__, and was thereafter printed and published on every
property providing that addifi~ona~3arl~ing
shall be. constructed in acc~r~ar{~:e ~wi'th §
4.036 of this Code if the site P~fk~n~ %Jemand to and including the day of 19_
exceeds the a~tual on-site pa~'kii~g'supp y in and printed below is a copy of the lower case alphabet from A to Z, beth inclusive, which is hereby acknowledged as be-
the sole opinion of the City.'Tih'e 'fb.~m of the
restrictive covenant shall be ~al;koro~ved by lng the size and kind of type used in the composition and publication of the notice:
_ the City Attorney before the i~suance Of the abcdefghiiklmnopqrstuvwxyz
conditional use permit. ~
(f) To qualify for a parking *deferment~ ~he
Site plan must comply' with~ alFcul:~e~lt zon-
ing standards. '
(g) Application for and approval~0f a condi. ~~
tional use permit for deferment of r~quired
parking shall alSo be subiect~to th~ provi-
sions of §4.20 et al of this Code. B Y:
Section 2. Effective Date. The ordinance
shall be' effective upon~ its passage and.
publication.
Dated the 14th day of JanuarY, 1991. General Manager
/s/Edward J. Erickson TITLE:
N~ayor Acknowledged before me on
Attest:
/s/Valeriecity ClerkLe°ne 24th January 9i
(Published New Hope-Golden Valley this~ dayof ~/~~ 19.__
postNews January 23,1991) .
Notary Public
RATE INFORMATION
1.70
(!) Lowest classified rate paid by commercial users for cam- $.
parable space. (Line)
(2) Maximum rate allowed by law for the above matter. $
(Line) .62
(3) Rate actually charged for the above matter. $.
(Line)
ORDINANCE NO. 91-0~3
AN ORDINANCE AMENDING CHAPTER NINE
OF THE NEW HOPE CITY CODE BY
INCORPORATING RECENT CHANGES TO THE
MINNESOTA UNIFORM FIRE CODE
The City Council of the City of New Hope ordains:
Section 1. Section 9.021 "Adoption" of the New Hope City
Code is hereby amended to read as follows:
9.021 Adoption. There is hereby adopted by the City of New
Hope the Minnesota Uniform Fire Code (MUFC) including
all supplements and subsequent amendments. ~ tThe
purpose of this action is for prescribing regulatTons
governing conditions hazardous to life and property
from fire, maintenance of buildings and premises,
explosion and other like emergencies, that ee~ta~
~w~ as The MUFC incorporates by reference the 1988
Edition of the Uniform Fire Code (UFC), published by
the International Conference of Building Officials and
the Western Fire Chiefs Association and as amended by
the State of Minnesota, Be~n~ pe~t~e~½e~ the
e~t~ the~e~? together with appendices I A&BC, II
A~B~, III ~?B~C, IV A, V-NF~A A ~6 ~ set w~h
v~ s~pp~eme~t ~8~ ~t~, V~ A, B~&D, and the 1989
Edition of the National Fire Code (NFC) published by
the National Fire Protection Association. sa~e
m~e~ ~ ame~e~? ~ wh~eh es~e ~Not less than one
(1) copy of each has been and is now--filed with the
Clerk of the City of New Hope~ a~ ~the same are
collectively hereby adopted and incorporated as fully
as if set out at length herein, save and except such
portions as are hereinafter deleted, modified or--
amended, and from the effective date of this section
shall take effect in the City of New Hope.
Section 2. Section 9.053 "Temporary Use of Fire Lanes" of
the New Hope City Code is hereby amended to read as follows:
9.053 Temporary Use of Fire Lanes. The Fire Marshal is
hereby authorized to determine and designate on a
temporary basis, those fire lanes established under
this section and orders pursuant thereto, upon which
parking of vehicles shall be permitted when in his
opinion, necessary for public safety or convenience.
~ea~n~ the w~s a~e Ba~es Nat ~a~ee~a eaeh ~e
Section 3. Section 9.06 "Self-Service Stations, Gasoline"
of the New Hope City Code is hereby amended to read as follows:
9.06 SELF-SERVICE STATIONS, GASOLINE. The regulation of service
stations and the dispensing of gasoline shall be regulated
by the provisions set out in the MUFC. However, the exception
to UFC §79.902(e) allowing for fuel dispensing systems from
above-ground storage tanks shall not be permitted within the
City. No person shall construct, operate, dispense or
modify any self-service gasoline dispensers in the City
without having obtained the approval of the Fire Prevention
Bureau.
Section 4. Section 9.083 "Bulk Storage of Liquified
Petroleum Gases" of the New Hope City Code is hereby amended to
read as follows:
9.083 Bulk Storage of Liquified Petroleum Gases. The limits
referred to in NFC §58 See~e~ 8~8~+a+ e~ ~he ~e in
which bulk storage of liquified petroleum gas is
restricted, are hereby established as follows: All
areas zoned "R-l, R-2, R-3, R-4, R-5, R-0, B-l, B-2, B-
3, B-4". Also, in all R zoned districts storage shall
not exceed 100 pounds unless authorized by a
conditional use permit in accordance with Chapter 4 of
the City Code.
Section 5. Section 9.084(1) "Capacity" of the New Hope City
Code is hereby amended to read as follows:
(1) Capacity. The aggregate capacity for storage or
use of Liquified Petroleum Gas (LPG) within 25
feet of ~ any one building shall not exceed 100
pounds. Additional containers not in use may be
stored on the construction site, but shall be
secured in such a manner so as to insure they
remain in an uprTght posi~ion'"an~ reasonably free
from tampering or damage. Containers of 100
pounds or less shall not be stored in groups
exceeding 1--0 containers with at least 25 feet
separating each group. Total storage capacity
shall not exceed 2,500 pounds. Containers
exceeding 100 pounds shall be regulated ~y the
provisions of the MUFC.
Section 6. Section 9.084(3) "Piping and Distribution" of
the New Hope City Code is hereby amended to read as follows:
(3) Piping and Distribution. Ail distribution and
supply piping shall be Fire Code approved steel
pipe or copper tubing. All piping shall be
protected from damage from falling objects and
vehicular traffic. Piping shall be supported
every 10 feet. Distribution piping within the
building shall be e~ app~e~e~ pipe or tubing,
meeting the requirements set out in the NFC 58
Sec.2-4.2 and 2-4.3 +NP¥~ Ne= ~87 See= ~+ and be
provided with all necessary valves and fittings.
Piping shall be installed on each floor and
protected as the building progresses to additional
floors and areas. If more than one appliance is
used on any one floor, a manifold with appropriate
valves shall be provided. Until such time as
valves have piping extended they shall be plugged.
Section 7. Section 9.084(4) "LPG Hose" of the New Hope City
Code is hereby amended to read as follows:
(4) LPG Hose. Ail flexible (LPG) distribution hose
shall meet the requirements set out in NFC 58 Sec.
2-4.6 Be ap~e~e~7 mL~m~m b~s~ p~ess~e ~8--
Hoses sha~ Be e~ mLaLm~m length shall meet the
requirements set forth in NFC 58 Sec. 3-4.2.3 ae%
Ne= 487 See= ~ +b+? and shall not e~%ead ~em
eae ~eem %e aaeehe~ ae~ pass through any
partitions, walls, ceilings or floors +e~eep~ as
shall be concealed from view or used in concealed
locations. Pe~ ~se e~%sL~e b~L~L~gs? hese
Section 8. Section 9.084(5) "Storage Tanks" of the New Hope
City Code is hereby amended to read as follows:
(5) Storage Tanks. Ail system storage tanks shall be
installed on non-combustible piers and in a
workman-like manner so that tanks with bottom
openings, valves and piping will not rest on the
ground and will be accessible in an emergency.
+NPPA NFC No. 58, Sec. ~ 3-2.3).
Section 9. Section 9.093(2)(b) "Application" of the New
Hope City Code is hereby amended to read as follows:
(b) Application and Fee. Any person desiring a
permit as required by this section shall make
application therefor to the City Fire Marshal
on such forms as the City Manager may
prescribe. There shall be a fee for the
issuance of a permit to thaw frozen ground
as prescribed in Chapter 14 of this Code.
Section 10. Section 9.094 "Multiple Permits; May Be
Combined" of the New Hope City Code is hereby amended to read as
follows:
9.094 Multiple Permits; May Be Combined. Whenever, under the
provisions of this section, or other sections of this
Code, more than one permit is required for the same
location, such permits may be consolidated into a
single permit, except that a Liquified Petroleum permit
may not be combined with any other permit.
Section 11. The following sections of the New Hope City
Code are hereby repealed in their entirety:
9.022 Permits and Certificates.
9.061 Submission of Plans.
9.062 Mixed Service Stations.
9.084(1)(a) Storage of LPG Containers.
9.084(1)(b) Additional Containers.
Section 12. Effective Date. The ordinance shall be
effective upon its passage and publication.
Dated the ]4%h day of Januar3 , 1991
(Published in the New Hope-Golden Valley Post on the 23rd day of
danuar¥ , 1991.)
POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
'1 by
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
~mergenCies. ~.that certain
cede~, known as~ The M~U. FC incor-
porates by reference th~ 1~ Edition of
the Uniform Fire Cede (U'FC), publish-
ed by the International ,Conference of
6-BuHding~ Offic~ials- and the Western Fire
Chiefs Association an, d es.~mended by
. the State of Mirmes~ta, ?[6~i~ ,particu-
larly the 1982 editton l:hereo~,,,~together Walter D. Roach
'with appendices - I A~&[B]C, II being duly sworn, onoathsaysthatheisthepublisberorauthorized
A&B[&D], I11 [A,B&]C," fY-A, V-
[NFPA] A 116 vol. set with 2~vol. sup- agent and employee of the publisher at the newspaper knownas the
plemont 1982 Edition,] VI "A,:-B[C]&D, andhasfullknowledgeofthefactswhicharestatedbelow:
andlie 1989 Edition of. the. National Fire
C0d~ (NFC) published-by-the National (A) The newspaper has compiled with all of the requirements constituting qualification as a qualified newspaper, as
Fir~ Protection Association. [save and provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
except'such portions as are;horeinafter
delef~d, modified or amended, of which
code n],o, ,ess than one (1) copy of 0rd/naz~ce No.91-03
each has ~3een and iS now filed with the (B) The printed
Clerk pt the City of New HoPe, [and]
T[t]he same are collectively hereby
adopted and incorporated-as fully as if
set out at length herein, saveand except
such portions as are hereinafter
deleted, modifiedorameeded, andfrom
the effective date of this section shall
take effect !n the Cityof New Hope. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
Section 2. Section 9.053 "Temporary Use of
Fire Lanes" of the New Ho~e C tv Codeis .~ - '"-- '.- ,,,~ea'~esaa' 2~rdd
hereby amended to read as follows: successive weeks; it was first published on , the ay of
9.053 Temporary Use at Fire Lanes. The Fire
Marshal is hereby authorized to deter-
mine and designate on a temporary --O~'~ua~' ~, ,'--ql
, and was thereafter printed and published on every
~3asis, those fire lanes established under
this section and orders pursuant
thereto, upon which parking of vehicles
she_Il be permitted when in his opinion, to and including the day of 19.
necessary for public safety or conve- and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be-
/ ~.~,.~ nience. [The Fire Marshal shall cover ing the size and kind of type used in the composition and publication of the notice:
with a locked canvas bag bearing the
words "Fire Lanes Not Enforced" each abcdefghiiklmnopqrstuvwxyz
fire lane sign when parking_thereon is
allowed.]'
vice Stations, Gasoline" of the Ne.W~ope City
Code is hereby amended to read,~s forifOws:
9.06- SELF-SERViCE STATIONS;~ GASO-
L IN E. The r~guiofion Of ~r~i~¢e ~. ~tati0ns
and lie dispensing of g~S~lja~:shall be aY:
regulated by the provi~iset out
in the MUFC. However,~ptinn to
UPC ~79.902 (e) alfewi~-h~'~r fuel General Manager
dispensing systems fro~ :~groand TITLE:
storage ;anks. shaft not Ue--iPe~mitted
wiliilt the City. No person ,~shai~,~con- AcknowJedged before me on
struct, operate~ dispense o~ ~a~y
self-service gasoline 'disperiS~' i:~the 24th January 91
City without having obtain~--~he, ap-
proval of the Mire Prevention B~'~ea~ this day of ., 19.
Section - 4. ' Section 9.083 "Bulk Storage of
Liquified Petroleum Gases" .of~ the 'New Hope ~ '~- /
City Code is hereby amended to read as '~ ~ /r ~ .~ ~ /~/~
follows:
9,O83 Bulk Storage. of LJquified Petroleum Hofary Public
Gases. The limits referred to in NFC§
s8 15ec. on 82. 0 (a) of the UPC] ,n
which bulk storage of liquified.pet*
roleum gas is restricted,are hereby es- ~.~ f'~',~ ~ ~y ~T ,, _~. .......
tablished as follows: AIl areas zoned ~,~,, .~~SOTA
"R-l, R-2, R-3, R-4, Re5, R-0,B-1, B-2, ' · ' ....
A,., fo.,,, zoned dis, riots .......
storage shall not exceed 100 pounds
unless authorized by a conditional use
permit in accordance with Chapter 4 of
the City Cede. RATE INFORMATION
section 5. section 9.084(1) "capacity"-of
the .ew Hope City Code is hereby ama. tied to 1 . ?0
read as follows: (1) Lowest classified rate paid by commercial users for com- $
(1) Capacity. The aggregate capacity for parable space. (Line)
storage or use of Liquifie(t Petroleum
Gas (LPG) within 2S feet of. Un] any
one building shall not exceed 100 (2) Maximumrateallowedbylawfortheabovema~ler. $
pounds. Additional containers not in (Line)
use may be stored on the construction · ~-
site, but shall be secured in such a (3) Rateactuallychargedtortheabovematter. S
manner so as to insure they remain in (Line)
an upright position and reasonably
free from tampering or damage. Con*
tainers of 100 pounds or lessshalLnot
be stored in groups exceeding la'con-
tainers will at
Distribution"
hereby amended to read as~foilows: . ~
ORDINANCE NO. 91-04
AN ORDINANCE AMENDING APPENDIX D
OF THE NEW HOPE CODE
BY REPEALING EXISTING FLOOD PLAIN REGULATIONS
AND ADOPTING NEW FLOOD PLAIN REGULATIONS
The City Council of the City of New Hope ordains:
Section 1. Sections 4.171 through 4.179C of Appendix D of the
New Hope City Code are hereby repealed in their entirety.
Section 2. New Sections 4.171 through 4.179C of Appendix D of
the New Hope City Code are hereby adopted to read as follows:
4.171 Statutory Authorization, Findings of Fact and Purpose.
The Legislature of the State of Minnesota has, in
Minnesota Statutes Chapter 103F and 462 delegated the
authority to local governmental units to adopt
regulations designed to minimize flood losses. Minnesota
Statute, Chapter 103F further stipulates that communities
subject to recurrent flooding must participate and
maintain eligibility in the National Flood Insurance
Program. Therefore, the City of New Hope, Minnesota does
order as follows:
(1) Statement of Purpose. The purpose of §§4.171
through 4.179C is to maintain the City's
eligibility in the National Flood Insurance Program
and to minimize potential losses due to periodic
flooding including loss of life, loss of property,
health and safety hazards, disruption of commerce
and governmental services, extraordinary public
expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely
affect the public health, safety and general
welfare.
(2) Warning of Disclaimer of Liability. This Code does
not imply that areas outside of the flood plain
district or land uses permitted within such
districts will be free from flooding and flood
damages. This Code shall not create liability on
the part of the City of New Hope or any officer or
employee thereof for any flood damages that result
from reliance on this Code or any administrative
decisions lawfully made thereunder.
4.172 General Provisions.
(1) Adoption of Flood Insurance Rate Map. The Flood
Insurance Rate Map for the City of New Hope, dated
January 2, 1981, developed by the Federal
Emergency Hanagement Agency is hereby adopted by
reference as the Official Flood Plain Zoning
District Hap and made a part of this ordinance.
This map was previously entitled the Flood Hazard
Boundary map.
(2) Lands to Which Ordinance Applies. This ordinance
shall apply to all lands designated as flood plain
within the jurisdiction of the City of New Hope.
(3) Interpretation. The boundaries of the flood plain
district shall be determined by scaling distances
on the Official Flood Plain Zoning District Map.
Where interpretation is needed as to the exact
location of the boundaries of the flood plain
district, the City Manager or his designated
representative shall make the necessary
interpretation based on elevations on the regional
(lO0-year) flood profile, if available. If 100-
year flood elevations are not available, the
community shall:
(a) Require a flood plain evaluation consistent
with §4.174(3) of this Code to determine a
lO0-year flood elevation for the site; or
(b) Base its decision on available hydraulic/
hydrologic or site elevation survey data which
demonstrates the likelihood the site is within
or outside of the flood plain.
4.173 Conflict with Pre-Existing Zoning Regulations and General
Comp. lia~c~.
(1) The Flood Plain District as Overlay Zoninq
District. The flood plain zoning district shall be
considered an overlay zoning district to all
existing land use regulations of the community.
The uses permitted in §§4.174 and 4.175 of
2
this Code shall be permitted only if not prohibited
by any established, underlying zoning district.
The requirements of §§4,171 through 4,179C shall
apply in addition to other legally established
regulations of the City and where these Sections
impose greater restrictions, the provisions of
§§4,171 through 4.1790 shall apply.
(2) Compliance, No new structure or land shall
hereafter be used and no structure shall be
located, extended, converted, or structurally
altered without full compliance with the terms of
this Code and other applicable regulations which
apply to uses within the jurisdiction of this Code.
Within the Floodway and Flood Fringe, all uses not
listed as permitted uses in §4.174 shall be
prohibited. In addition, a caution is provided
here that:
(a) New manufactured homes, replacement
manufactured homes and certain travel trailers
and travel vehicles are subject to the general
provisions of this Code and specifically
§§4.174 and 4.179C.
(b) Modifications, additions, structural
alterations or repair after damage to existing
nonconforming structures and nonconforming
uses of structures or land are regulated by
the general provisions of this Code and
specifically §4.179.
(c) As-built elevations for elevated structures
must be certified by ground surveys as stated
in §4,177 of this Code.
4.174 Permitted Uses,. Standards, and Flood Plain Evaluation
Criteria.
(1) Permitted Uses in the Flood Plain. The following
.uses of land are permitted uses in the flood plain
district:
(a) Any use of land which does not involve a
structure, an addition to the outside
dimensions to an existing structure or an
obstruction to flood flows such as fill,
excavation, or storage of materials or
equipment.
3
(b) Any use of land involving the construction of
new structures, the placement or replacement
of manufactured homes, the addition to the
outside dimensions of an existing structure or
obstructions such as fill or storage of
materials or equipment, provided these
activities are located in the flood fringe
portion of the flood plain. These uses shall
be subject to the development standards in
§4.174(2) of this Code and the flood plain
evaluation criteria in §4.174(3) of this Code
for determining floodway and flood fringe
boundaries.
(c) Travel trailers and travel vehicles are
regulated by §4.179C of this Code.
(2) Standards for Flood Plain Permitted Uses.
(a) Fill shall be properly compacted and the
slopes shall be properly protected by the use
of riprap, vegetative cover or other
acceptable method. The Federal Emergency
Management Agency (FENA) has established
criteria for removing the special flood hazard
area designation for certain structures
properly elevated on fill above the lO0-year
flood elevation - FEMA's requirements
incorporate specific fill compaction and side
slope protection standards for multi-structure
or multi-lot developments. These standards
should be investigated prior to the initiation
of site preparation if a change of special
flood hazard area designation will be
requested.
(b) Storage of materials and equipment:
(i) The storage or processing of materials
that are, in time of flooding, flammable,
explosive, or potentially injurious to
human, animal, or plant life is
prohibited.
(ii) Storage of other materials or equipment
may be allowed if readily removable from
the area within the time available after
a flood warning or if placed on fill to
4
the Regulatory Flood Protection
Elevation,
(c) No use shall be permitted which will adversely
affect the capacity of the channels or
floodways of any tributary to the main stream,
or of any drainage ditch, or any other
drainage facility or system.
(d) All structures, including accessory
structures, additions to existing structures
and manufactured homes, shall be constructed
on fill so that the basement floor, or first
floor if there is no basement, is at or above
the Regulatory Flood Protection Elevation.
The finished fill elevation must be no lower
than one foot below the Regulatory Flood
Protection Elevation and shall extend at such
elevation at least 15' beyond the limits of
the structure constructed thereon.
(e) All Uses. Uses that do not have vehicular
access at or above an elevation not more than
two feet below the Regulatory Flood Protection
Elevation to lands outside of the flood plain
shall not be permitted unless granted a
variance by the City Council. In granting a
variance, the Council shall specify
limitations on the period of use or occupancy
of the use and only after determining that
adequate flood warning time and local
emergency response and recovery procedures
exist.
(f) Commercial and Manufacturing Uses. Accessory
land uses, such as yards, railroad tracks, and
parking lots may be at elevations lower than
the Regulatory Flood Protection Elevation.
However, a permit for such facilities to be
used by the employees or the general public
shall not be granted in the absence of a flood
warning system that provides adequate time for
evacuation if the area would be inundated to a
depth greater than two feet or be subject to
flood velocities greater than four feet per
second upon occurrence of the regional flood.
5
(g) All manufactured homes must be securely
anchored to an adequately anchored foundation
system that resists flotation, collapse and
lateral movement. Methods of anchoring may
include, but are not to be limited to, use of
over-the-top or frame ties to ground anchors.
This requirement is in addition to applicable
state or local anchoring requirements for
resisting wind forces.
(3) Flood Plain Evaluation.
(a) Upon receipt of an application for a permit,
manufactured home park development or
subdivision approval within the flood plain
district, the City Manager or his designative
representative shall require the applicant to
furnish sufficient site development plans and
a hydrologic/hydraulic analysis by a qualified
engineer or hydrologist specifying the nature
of the development and whether the proposed
use is located in the floodway or flood fringe
and the Regulatory Flood Protection Elevation
for the site, Procedures consistent with
Minnesota Rules 1983 Parts 6120.5600
(Technical Standards and Requirements For
Floodplain Evaluation) and 6120.5700 (Minimum
Floodplain Management Standards for Local
Ordinances) shall be followed during the
technical evaluation and review of the
development proposal.
(b) The City shall submit one copy of all
information required by Section 4.174(3)(a) of
this Code to the respective Department of
Natural Resources' Area Hydrologist for review
and comment at least 20 days prior to the
granting of a permit or manufactured home park
development/subdivision approval by the
community. The City shall notify the
respective Department of Natural Resources
Area Hydrologist within lO-days after a permit
or manufactured home park development/
subdivision approval is granted.
4.175 Utilities, Railroads, Roads and Bridges in the Flood
Plain District. All utilities and transportation
facilities, including railroad tracks, roads and bridges,
shall be constructed in accordance with state flood plain
management standards contained in Minnesota Rules 1982
Parts 0120.§000-6120.6200.
4.170 Subdivisions.
(1) No land shall be subdivided and no manufactured
home park shall be developed or expanded where the
site is determined to be unsuitable by the City
Council for reason of flooding inadequate drainage,
water supply or sewage treatment facilities. The
City Council shall review the subdivision/
development proposal to insure that each lot or
parcel contains sufficient area outside of the
floodway for fill placement for elevating
structures, sewage systems and related activities.
(2) In the Flood Plain District, applicants for
subdivision approval or development of a
manufactured home park or manufactured home park
expansion shall provide the information required in
Section 4.174(3)(a) of this Code. The City Manager
or a designated representative shall evaluate the
proposed subdivision or mobile home park
development in accordance with the standards
established in Sections 4.174(2) and (3) and 4.175
of this Code.
(3) For all subdivisions in the flood plain, the
Floodway and Flood Fringe boundaries, the
Regulatory Flood Protection Elevation and the
required elevation of all access roads shall be
clearly labelled on all required subdivision
drawings and platting documents.
(4) Removal of Special Flood Hazard Area Designation:
The Federal Emergency Management Agency (FEMA) has
established criteria for removing the special flood
hazard area designation for certain structures
properly elevated on fill above the lO0-year flood
elevation. FEMA's requirements incorporate
specific fill compaction and side slope protection
standards for multi-structure or multi-lot
developments. These standards should be
investigated prior to the initiation of site
preparation if a change of special flood hazard
area designation will be requested.
7
4.177 Administration.
(1) Permit Required. A Permit issued by the City shall
be secured prior to the construction, addition, or
alteration of any building or structure; prior to
the use or change of use of a building, structure
or land; prior to the change or extension of a
nonconforming use; and prior to excavation or the
placement of an obstruction within the flood plain.
(2) State and Federal Permits. Prior to granting a
Permit or processing an application for a Variance,
the City Manager or a designated representative
shall determine that the applicant has obtained all
necessary State and Federal permits.
(3) Certification of Lowest Floor Elevations. The
applicant shall be required to submit certification
by a registered professional engineer, registered
architect, or registered land surveyor that the
finished fill and building elevations were
accomplished in compliance with the provisions of
this Code. The City shall maintain a record of the
elevation of the lowest floor (including basement)
for all new structures and alterations or additions
to existing structures in the flood plain district.
(4) Security Required.
(a) Form. Upon approval of a use permit, the City
may require a letter of credit or other
financial security to be approved by the City
Attorney prior to the issuing of building
permits or initiation of work on the proposed
improvements or development. Said security
shall guarantee conformance and compliance
with the conditions of the use permit and the
regulations and laws of the City.
(b) Amount. The security shall be in the amount
of the City Engineer's and/or City Building
Official's estimated costs of labor and
materials for the proposed improvements or
development.
(c) Duration. The City shall hold the security
until completion of the proposed improvements
or development and a certificate of occupancy
indicating compliance with the use permit and
the regulations and laws of the City has been
issued by the City Building Official.
(d) Forfeiture. Failure to comply with the
conditions of the use permit and/or the
regulations and laws of the City shall result
in forfeiture of the security.
4.178 Variances.
(1) A variance means a modification of a specific
permitted development standard required in an
official control including this Code to allow an
alternative development standard not stated as
acceptable in the official control, but only as
applied to a particular property for the purpose of
alleviating a hardship, practical difficulty or
unique circumstance as defined and elaborated upon
in the City's respective planning and zoning
enabling legislation.
(2) The City Council may authorize upon appeal in
specific cases such relief or variance from the
terms of this Code as will not be contrary to the
public interest and only for those circumstances
such as hardship, practical difficulties or
circumstances unique to the property under
consideration, as provided for in the respective
enabling legislation for planning and zoning for
cities or counties as appropriate. In the granting
of such variance, the City Council shall clearly
identify in writing the specific conditions that
existed consistent with the criteria specified in
the respective enabling legislation which justified
the granting of the variance.
(3) Variances from the provisions of this Code may be
authorized where the City Council has determined
the variance will not be contrary to the public
interest and the spirit and intent of this Code.
No variance shall allow in any district a use
prohibited in that district or permit a lower
degree of flood protection then the Regulatory
Flood Protection Elevation. Variances may be used
to modify permissible methods of flood protection.
9
(4) The City shall submit by mail to the Commissioner
of Natural Resources a copy of the application for
proposed Variance sufficiently in advance so that
the Commissioner will receive at least ten days
notice of the hearing. A copy of all decisions
granting a Variance shall be forwarded by mail to
the Commissioner of Natural Resources within ten
(10) days of such action.
(5) Appeals. Appeals from any decision of the City
Council may be made, and as specified in the City's
Official Controls and also Minnesota Statutes.
(6) Flood Insurance Notice and Record Keeping. The
Building Official shall notify the applicant for a
variance that: a) The issuance of a variance to
construct a structure below the base flood level
will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of
insurance coverage and b) Such construction below
the lO0-year or regional flood level increases
risks to life and property. Such notification
shall be maintained with a record of all variance
actions. The City shall maintain a record of all
variance actions, including justification for their
issuance, and report such variances issued in its
annual or biennial report submitted to the
Administrator of the National Flood Insurance
Program.
4.179 Nonconformities. A structure or the use of a structure
or premises which was lawful before the passage or
amendment of this Code but which is not in conformity
with the provisions of this Code may be continued subject
to the following conditions:
(1) No such use shall be expanded, changed, enlarged,
or altered in a way which increases its
nonconformity.
(2) An alteration within the inside dimensions of a
nonconforming use or structure is permissible
provide it will not result in increasing the flood
damage potential of that use or structure.
(3) The cost of all structural alterations or additions
both inside and outside of a structure to any
10
nonconforming structure over the life of the
structure shall not exceed 50 percent of the market
value of the structure unless the conditions of
this Code are satisfied. The cost of all
structural alterations and additions constructed
since the adoption of the City's initial flood
plain controls must be calculated into today's
current cost which will include all costs such as
construction materials and a reasonable cost placed
on all manpower or labor. If the current cost of
all previous and proposed alterations and additions
exceeds 50 percent of the current market value of
the standards of §4.174 of this Code for new
structures.
(4) If any nonconforming use of a structure or land or
nonconforming structure is destroyed by any means,
including floods, to an extent of 50 percent or
more of its market value at the time of
destruction, it shall not be reconstructed except
in conformity with the provisions of this Code.
The City may issue a Permit for reconstruction if
the use is located outside the floodway and, upon
reconstruction, is adequately elevated on fill in
conformity with the provisions of this Code.
4.179A Penalties for Violation. A violation of the provisions
of this Code or failure to comply with any of its
requirements (including violations of conditions and
safeguards established in connection with grants of
Variance) shall constitute a misdemeanor.
(1) In responding to a suspected code violation, the
City may utilize the full array of enforcement
actions available to it including but not limited
to prosecution and fines, injunctions, after-the-
fact permits, orders for corrective measures or a
request to the National Flood Insurance Program for
denial of flood insurance availability to the
guilty party. The City must act in good faith to
enforce these official controls and to correct code
violations to the extent possible so as not to
jeopardize its eligibility in the National Flood
Insurance Program.
(2) When a code violation is either discovered by or
brought to the attention of the City, it shall
immediately investigate the situation and document
the nature and extent of the violation of the
official control. As soon as is reasonably
possible, this information will be submitted to the
appropriate Department of Natural Resources' and
Federal Emergency Management Agency Regional Office
along with the City's plan of action to correct the
violation to the degree possible,
(3) The City shall notify the suspected party of the
requirements of this Code and all other Official
Controls and the nature and extent of the suspected
violation of these controls. If the structure
and/or use is under construction or development,
the City may order the construction or development
immediately halted until a proper permit or
approval is granted by the City. If the
construction or development is already completed,
then the City may either (a) issue an order
identifying the corrective actions that must be
made within a specified time period to bring the
use or structure into compliance with the official
controls, or (b) notify the responsible party to
apply for an after-the-fact permit/development
approval within a specified period of time not to
exceed 30-days.
(4) if the responsible party does not appropriately
respond to the City within the specified period of
time, each additional day that lapses shall
constitute an additional violation of this Code and
shall be prosecuted accordingly. The City shall
also upon the lapse of the specified response
period notify the landowner to restore the land to
the condition which existed prior to the violation
of this Code.
4.179B Amendments. All amendments to this Code, including
revisions to the Official Flood Plain Zoning District
Map, shall be submitted to and approved by the
Commissioner of Natural Resources prior to adoption. The
flood plain designation on the Official Flood Plain
Zoning District Map shall not be removed unless an area
is filled to an elevation at or above the Regulatory
Flood Protection Elevation and is contiguous to lands
outside of the flood plain. Changes in the Official
Zoning Map must meet the Federal Emergency Management
12
Agency's (FEHA) Technical Conditions and Criteria and
must receive prior FEMA approval before adoption. The
Commissioner of Natural Resources must be given lO-days
written notice of all hearings to consider an amendment
to this Code and said notice shall include a draft of the
Code amendment or technical study under consideration.
Section 3. Section 4.022(9) "Basement" of the New Hope City
Code is hereby amended to read as follows:
(9) Basement A ___~__ _~ _ ~..~__~ ~__~_~ ___~_~..
A_~__ ~_~ ~ .... ~ ......... ~__~ ---~- Means any
area of a structure, including crawl spaces., having its
floor or base subgrade (below ground level) on all four
sides, regardless of the depth of excavation below ground
level.
Section 4. Section 4.022(58) "Flood Plain" of the New Hope
City Code is hereby amended to read as follows:
(58) Flood Plain ~ ....... ~-~-" ....... ~ ............ ~"-~
~-~, ,~. The channel or beds proper and the areas
adjoining a wetland., lake or watercourse which have been
or hereafter may be covered by the regional flood. Flood
plain areas within New Hope shall encompass all areas
designated as Zone A on the Flood Insurance Rate Map.
Section 5. Section 4.022(61) "Floodway" of the New Hope City
Code is hereby amended to read as follows:
61) Floodway. ~ ~ ~ ~ ~ .~t ........... d thooe
~lccd. The bed of a wetland or lake and the channel of
a watercourse and those portions of the adjoining flood
plain which are reasonably required to carry or store the
,regional flood discharge.
Section 6. Section 4.022(101)"Obstruction (Flood Plain)" of
the New Hope City Code is hereby amended to read as follows:
13
(101) Obstruction ~^-~ ~-;- * .... ~ ...... ~ --~--~
wharf, emba~kmen%, . levee, dike, pile, abu%men%,
projection, dredged spoil, channel modifica%ion, culvert,
building, wire, fence, stockpi ~e, refuse,
structure, stockpile of sand or gravel or other material,
or matter in, along, across, or projecting into any
channel, watercourse, lake bed,. or resulatory flood plain
which may impede, retard, or change the direction of
flow, either in itself or by catchiDg or co]lectimg
debris carried by floodwater.
Section 7. Section 4.022(118) "Regional Flood" of the New
Hope City Code is hereby amended to read as follows:
(118) Regional Flood. A flood which is representative of large
floods known to have occurred generally in Hinnesota and
reasonably characteristic of what can be expected to
occur on an average frequency in,=he magnitude of the 100
year recurrence interval. Regional flood is synonymous
with the term "base flood" used in the Flood Insurance
Rate Map ~"~" ~-- ~- ~" ~ " .... ~ .......... ~ ~"
- ~ .... ~ ..... ~- ~ ......... t.~t .... and dated July,
th~ 7~d~,~] I .......... '~-~-~- -- ~--
Section 8. Section 4.022(119) "Regulatory Flood Protection
E.]e~ation" of the New Hope City Code is hereby amended to read as
follows:
(119) Regulatory Flood Protection Elevation. A pOii~t ,~Ct IC;O
~,,~, ~,,,~,,t~ ~,, ~ ~ ~ -- '
-" .... *-~ ~ flccdp,~f~d The Regulatory Flood
Protection Elevation shall be an elevation no lower than
one foot above the elevation of the regional flood plus
any increases in flood elevation caused by encroachments
on the flood plain that result from desi.gnation of a
floodway.
Section 9. Section 4.022(128) "Structure" of the New Hope
City Code is hereby amended to read as follows:
(128) Structure ^_..~,-~ ..... ~.,A,- ~ ~...~.A~-~-.,-~-.
Anything constructed or erected on the ground or attached
to the ground or on-site utilities, including, but
limited to, buildings, factories, . sheds, detached
garages, cabins, manufactured homes, travel trailers/
vehicles not meetina the exemption criteria specified in
~4.179C(1) of this Code and other similar items.
Section 10. Effective Date. This Ordinance shall be
effective upon its passage and publication.
Dated the lOth day of June , 1991.
/~d-w. J~/~rickson, Mayor
Attest: ~~~~
Valerie Leone, 'City Clerk
(Published in the New Hope-Golden Valley Post the 3rd day of
July . , 1991.) in Summary format--ordinance no. 91-14
15
ORDINANCE NO. 91-05
AN ORDINANCE AMENDING CHAPTER 14
BY INCREASING FEES FOR PLUMBING PERMITS,
REGISTRATION OF MULTIPLE DWELLINGS, HOUSING
MAINTENANCE INSPECTIONS, FIRE DETECTION AND ALARM
SYSTEM INSTALLATION PERMITS, EXPLOSIVES PERMITS,
SEWER PERMITS AND WATER CONNECTION PERMITS
The City Council of the City of New Hope ordains:
Section 1. Section 14.022 (2) "Fee Amount" of the New Hope
City Code is hereby amended to read as follows:
(2) Fee Amount. Permit fees required by Section 3.12 of this Code
shall be paid to the City as set forth in the following
schedule:
CONTRACT PRICE % OF CONTRACT PRICE FEE
a) $0.00 to 500.00 N/A Single Family - $~H9~ 25.0C
Commercial - $20,00 40.00
b) 501.00 to 1,000.00 2.50% $~3~-7-~ 25.00 + 2.50% of
$500.00 or fraction
thereof
c) 1,'001.00 to 5,000.00 2.25% $L3~-~ 35.00 + 2.25% of
~ $1,000.00 or
fraction thereof
d) 5,001.00 to 10,000.00 2.00% $~F6-~E~ 125.00 + 2.00%
of $5,000.00 or fraction
thereof
e) 10,001.00 to 25,000.00 1.75% $~ 225.00 + 1.75% of
~ $10,000.00 or
fraction thereof
f) 25,001.00 to 50,000.00 1.50% $4~-7-~ 490.00 + 1.50% of
$25,000.00 or fraction
thereof
g) 50,001.00 and over 1.25% $~3~-7~ 875.00 + 1.75%
of fraction over
$50,000.00
Section 2. Section 14.030 (1) "Base Fee" of the New Hope City
Code is hereby amended to read as follows:
(1) Base Fee. Per building of 3 or more units, annually
~ 35.00
Section 3. Section 14.030 (2) "Unit Fee" of the New Hope City
Code is hereby amended to read as follows:
(2) Unit Fee. Plus charge for each unit therein,
annually..vv ° ~ 3.00
Section 4. Section 14.031 "Housing Maintenance Inspection
Fees" of the New Hope City Code is hereby amended to read as
follows:
(1) Single Family Residences ~ 50.00
(2) Multiple Residences
(a) 1st Unit ~ 50.00
(b) Each additional unit 5.00
Section 5. Section 14.032 "Fire Suppression Permit Fees" of
the New Hope City Code is hereby amended to read as follows:
14.032 Fire Suppression Permit Fees. Fee amounts for the fire
suppression permits for sprinkler and standpipe
installations or any alterations thereto as required in
Subsection 3.117 are as follows:
,~,[~ 1.. First $1,000.00 in value or fraction
thereof.v.~v*~ ~ 35.00
,~,[~ __2. Each additional $500.00 in value or
fraction thereof 5.00
~_ _~_~ l.,~t~ll~ ~
Section 6. Section 14.113 (1)" Fire Detection and Alarm
System Installation Permit Fees" of the New Hope City Code is
hereby amended to read as follows:
14.113 Fire Detection and Alarm System Installation Permit Fees.
Fees for installation of fire detection and alarm system
permits or any alterations thereof as required by
Subsection 9.072 are as follows:
(1) Fee Amount. ~v.vv~ ~ $35.00 plus $5.00 per $500.00
valuation of proposed system or fractional part
thereof, in excess of $1,000.00.
Section 7. Section 14.134 "Explosives Permit Fee" of the New
Hope City Code is hereby amended to read as follows:
14.134 Explosives Permit Fee. The fee amount for a permit to
acquire, possess, use, sell or handle explosives as
required by Subsection 9.142 is~ $125.00 annually.
Section 8. Section 14.501 "Sewer Building Permit Fees" of the
New Hope City Code is hereby amended to read as follows:
14.501 Sewer Building Permit Fees. Fee amounts for the sewer
building permits required by Subsection 5.032 are as
follows, in addition to any connection charges prescribed
elsewhere in this chapter:
(1) Residential. Residential building q~e=qB~--25.00
(2) Commercial and Industrial. Commercial and
industrial building 20.00 40.00
(3) Repair or Alteration. Repair or alteration of
existing sewage disposal system, for each $500
cost or fraction thereof ° ~ 5 O0
(4) Minimum Fee. Minimum repair or alteration fee
~ ~ 25 O0
Section 9. Section 14.508 "Water Connection Permit Fees" of
the New Hope City Code is hereby amended to read as follows:
14.508 Water Connection Permit Fees. Fee amounts for the water
connection permits required by Subsection 5.032 are as
follows, in addition to any connection charges as
prescribed elsewhere in this chapter:
(1) Residential ~ 25.00
(2) Commercial/industrial ~ 40.00
Section 10. Effective Date. This Ordinance shall be
effective upon its passage and publication.
Dated the llth day of February , 1991.
/ Edw. J.~ Erickson, Mayor
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Post the 20th day of
February , 1991.)
4
ORDINANCE NO. 91-05
AN ORDINANCE AMENDING CHAPTER 14 BY INCREASING FEES FOR PLUMBING
PERMITS, REGISTRATION OF MULTIPLE DWELLINGS, HOUSING MAINTENANCE
INSPECTIONS, FIRE DETECTION AND ALARM SYSTEM INSTALLATION PERMITS,
EXPLOSIVES PERMITS, SEWER PERMITS AND WATER CONNECTION PERMITS
The City Council of the City of New Hope ordains:
Section 1. Section 14.~22 2)"Fee Amount" of the New Hope City Code is hereby amended to POST PUBLICATIONS
read as follow~?~
(2) Fee Amount. Permit tees required by Section 3.12 of this Code shall be paid to the City as set
forth in 1he following Schedule:
CO.TRACT FR,CE % OF CO.TRACT PR,CE FEE AFFIDAVIT OF PUBLICATION
a) cn hO to 500.00 N/A Single Family $[15.00] 25.00
Commercial $[20.00 40.00
0 to 1,000.00 2.50% $[13.75] 25.00 + 2.50% of
$500.00 or fraction
thereof
c) 1,00].00 to 5,000.00 2.25% $[26.25] 35.00 + 2.25% of
' [$4,o00.00] $I,000.00 or A SS.
or fraction JN
thereof
d) 5,001.00 to 10,000.00 , 2.00% $[116.25] 125,00 + 2.00% of
$5,000.00 or fraction
thereof
e) 10,001.00 to 25,000.00 1.75% $[216.25] 225.00 + 1.75% of
[$15,000.00] $10,000 or
fraction thereof
f) 25,001.00 to 50,000.00 1.50% $[478.75] 490.00 + 1.50% of
$25,000.00 or fraction thereof
g) 50,001.00 and over 1.25% $[853.75] 875.00 + 1.75% aoh
of fraction over , being duly sworn, on oath says that he is the publisher or authorized
. $5o,ooo,oo PO stNew~
Section 2. Section I4.030 (t) "Base Fee" of the New Hope City Code is hereby amended to read sherofthe newspaper known as the
as follows: :ts which are stated below:
(1) Base Fee. Per building of 3 or more units, annually [25.00] 35.00
Section 3. Section ]4.030 (2) "Unit Fee" of the New Hope City Code is hereby amended to read died with all of the requirements constituting qualification as a qualified newspaper, es
as follows: 31A.02, 331A.07, and other applicable laws, as amended.
(2) Unit Fee. Plus charge for each unit therein, annually [2.00] 3.00
Section 4. Section 14.031 "Housing Maiatenance Inspection Fees" of the New Hope City Code is
berebyamendedtoreadasfollows: inance No. 9J-05
(1) Single Family Residences [35.00]50.00
(2) Multiple Residences
(al tst Unit [35.00] 50.00
lb) Each additional unit 5.00 ~
Section 5. Section 14.032 "Fire Suppression Permit Fees" of the New Hope City Code is hereby
amended to read as follows:
14.032 Fire Suppression Permit Fees~ Fee amounts for the fire suppression permits for
sprinkler and standpipe installations or any alterations thereto as required in Subsection 3.117
are as follows: ~m the columns of said newspaper, and was printed and published once a week, for
[[1) Sprinkler installation[
[(a)] 1. First $1,000.00 in value of fraction thereof [20,00] 35.00 ~re do. e s day 20th
[ lb) ] 2. Each additional $500.00 in value or fraction thereof 5.00 it was first published on , the day of
[(2) Standpipe Installation[
[ (al First $1,000.00 in value or fraction thereof 20.00]
[ lb) Each additional $500.00 in value or fraction thereof 5.00] ,19_' , and was fllereafter printed and published on every
[ (3) Alterations for each $500.00 of value of wor~ or fraction thereof 10.00
Section ~. Section 14.113(1) "Fire Detection and Alarm System Installation Permit Fees" of
the New Hope City Code is hereby amended to read as follows:
14.113 Fire Detection and Alarm System Installation Permit Fees. Fees for installation of fire __toand including the_ dayof ,19 ,
detection and alarm system perm!ts or any alterations thereof as required by Subsection 9.072 the lower case alphabet from A to Z, beth inclusive, which is hereby acknowledged as be-
ar -;Jlows: d in the composition and publication of the notice:
(~ Amount. [$20.00] $35.00 plus $5.00 per $500.00 valuation of proposed system or frac-
ho. /art thereof, in excess of $1,000.00. abcdefghijklmnopqrstuvwxyz
Section 7. Section 14.134 "Explosives Permit Fee" of the New Hope City Code is hereby
14.134 Explosives Permi! Fee. The fee amount for a permit to acquire, possess, use, sell or ham
die explosives as requiredby Subsection 9.142 is [$25.00] $125.00 annually.
Section 8. Section 14.501 "Sewer Building Permit Fees" of the New Hope City Code is hereby
amended to read as follows:
14.501 Sewer Building Permit Fees. Fee amounts for the sewer building permits required by
Subsection 5.032 are as follows, in addition to any connection charges prescribed elsewhere in BY:
this chapter:
(1[ ReSidential. Residentialbuilding [15.00] 25.00
[2) Commercial and Industrial. Commercial and industral building [20,00] 40.00 General Manager
(3) Repair or Alteration. Repair or alteration of existing sewage disposal system, far each $500 TITLE:
cost or fraction thereof [3.00] 5.00
(4) Minimum Fee. Minimum repair or alteration fee [7.00] 25.00
Section 9. Section 14.508 "Water Connection Permit Fees" of the New Hope City COde is
hereby amendedwater to read as follows: r~, "~ ~r .~.--
14,50~ Connection Permit Fees. Fee amounts for the water connection permits required E' eiJ,L ~ar~y
by Subsection 5.032 are as foltows, in addition to any connection charges as prescribed _ .~ 19__
elsewhere in this chapter: '~-'/~~
(1) Residential [15.00] 25.00
(2) Commercial/industrial [15.00] 40.00
Section 10. Effective Date. This Ordinance shall be effective Upon its passage and publication.
Dated the 11th day of February, 1991.
Edw. J. EricKson, MayorAttest:
/s/Valerie Leone ~ ~LJ~;--~aNN[SOTA
ValerJe Leone, City Clerk
BOldface indicates new matter. Brackets [] indicates matter to be deleted. ~,~/~,~, ,,/~_~,j"6"' ~.~ [;~, iR£S
(Published New Hope-Golden Valley PostNews Februar? 20,1991)
RATE INFORMATION
I .70
(1) Lowest classified ratepaidbycommercialusersforcom- $.
parable space. (Line)
(2) Maximum rate allowed by law for the above matter.
[Un~.2~ dbl. col.
(3) Rate actually charged for the above matter.
[Line[
ORDINANCE NO. 91-06
AN ORDINANCE ANENDING SECTIONS 6.093
AND 6.094 OF THE NEW HOPE CODE
RELATING TO VACATION OF PUBLIC EASEHENTS
The City Council of the City of New Hope ordains:
Section 1. Section 6.093 "Notice of Hearing" of the New Hope
City Code is hereby amended to read as follows:
6.093 Notice of Hearing. After receipt of the evidence of
title, the City Attorney shall review it and the petition
and make a written report to the Clerk as to their
sufficiency. Thereafter a hearing shall be held,
preceded by two weeks' published and posted notice. Said
notice shall set forth the time and place of such
hearing, and the area proposed to be vacated. The Clerk
shall mail written notice of the hearing at least 10 days
before the hearing to the utility companies providing
natural gas, electric energy, telephone and cable
television service, and to each proper.tx., owner affected
by the proposed vacation. Said written .not, ice. shall
contain,, at.a minimum, a copy of the petition or proposed
resolution as well as the time, place and date of the
hearing. In addition, if the street, alley, ~public
grounds, public way or any part thereof terminates at or
abuts upon any. public water, no vacation shall be made
unless written notice of the petition or proposed
resolution is served by certified mai 1 .upon the
Commissioner of Natural Resources at least 30 days before
the hearing on the matter. The notice to the
Commissioner of Natural Resources is for notification
purposes only and does not create a right of intervention
by the Commi i ~- -~ .... ~ ........... ~
ss oner. ~- ~. - ...... ,
Section 2. Section 6.094 "R.eso!.ution Vacating Street or
Public Ground" of the New Hope City Code is hereby amended to read
as follows:
6.094 Resolution Vacating Street or Public Ground. At the
public hearing held pursuant to notice herein provided,
no vacation of the premises shall be made unless the
council determines that it is in f:r the~e~ interest of
· the public to vacate the public street, public grounds,
public utility or part thereof, and upon the required
majority stated above, the Council may adopt a resolution
vacating said area. A notice of completion of such
proceedings shall be filed with the Clerk, and thereafter
the Clerk shall prepare a notice of completion of the
proceedings, which shall contain the name of the City, an
identification of the vacation, a statement of the time
of completion thereof and a description of the real
estate and lands affected thereby. The notice shall be
filed with the County Auditor and Register of Deeds, and
the Abstract returned to its owner, or if an Owners
Duplicate Certificate of Title, the Registrar of Titles
shall be directed to notify the owner when the notice has
been duly recorded.
Section 3. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 25th day of March , 1991.
/Edw. ~. ~Ericks~n, Nayor
Attest: ~f/Y~ ~.
Valerie Leone, 'City Clerk
(Published in the New Hope-Golden Valley Post the 3rd day of
April , 1991.)
POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA }
the COUNTY OF HENNEPIN ss.
Walter D. Roach
being duly sworn, e~t~t~;~.~.~J~is the publisher or authorized
agent and employee of the publisher of the newspaper known as the
and has full knowledge of the facts which are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
Ordinance No. 91-06
(B) The printed
which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
1 Wednesday 3rd
successive weeks; it was first published on the day of
April 19.91 and was thereafter printed and published on every
I1
.to and including the day of 19.
and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be-
lng the size and kind of type used in the composition and publication of the notice:
abcdefghiiklmnopqrstuvwxyz
grounds, or part thereof,
BY:
General Manager
TITLE:
'C~erk
mall Acknowledged before me on
an-iclen-
',he time 4th April 91
descri this day of 19
~ ' .~ COUNTY ~
Da~ed the 25th day of March, 1~1. '~
Valerie Leone, City Clerk . - RATE INFORMATION
Brackets [] ,indic~.~.op.y f~ be ,del~ed, 1 . 70
· Beld~acehldicafes ~. ..~ (1) Lowest classified rate paid by commercial users for com- $.
(Published in the ~'r'tope-Golden ¥&tley parablespace. (Line)
PostNews the 3rd day 0f Apr[t, 1991.) ~
(2) Maximum rate allowed by law for the above matter. $.
(Line.> 62
(3) Rate actually charged for the above matter. $.
(Line)
ORDINANCE NO. 91-07
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING
ALL ADULT ENTERTAINMENT WITHIN
THE CITY OF NEW HOPE
The City Council of the City of New Hope ordains:
Section 1. Section 1,55 "Temporary Prohibition of Adult
Entertainment Uses and Establishments" of the New Hope City Code is
hereby added to read as follows:
1,55 Temporary Prohibition of Adult Entertainment Uses and
Establishments.
Section 2. Section 1.551 "Definitions" of the New Hope City
Code is hereby added to read as follows:
1,551 Definitions, The following definitions shall be
applicable to §1.55 et. al. of this Code prohibiting, on
a temporary basis, Adult Entertainment Uses and
Establishments within the City of New Hope:
a. Adult Body Painting Studio: An establishment or
business which provides the service of applying
paint or other substance whether transparent or
nontransparent to or on the body of a patron when
such body is wholly or partially nude in terms of
"specified anatomical areas"
b. Adult Bookstore: A business engaging in the
barter, rental, or sale of items consisting of
printed matter, pictures, slides, records,
audiotapes, if such shop is not open to the public
generally but only to one or more classes of the
public, excluding any minor by reason of age, or if
a substantial or significant portion of such items
are distinguished or characterized by an emphasis
on the depiction or description of "specified
sexual activities" or "specified anatomical areas"..
c. Adult Cabaret: An establishment which provides
dancing or other live entertainment, if such
establishment excludes minors by virtue of age or
if such dancing or other live entertainment is
distinguished or characterized by an emphasis on
the performance, depiction or description of
"specified sexual activities" or "specified
anatomical areas"
d. Adult Companionship Establishment: A companionship
establishment which excludes minors by reason of
age, or which provides the service of engaging in
or listening to conversation, talk or discussion
between an employee of the establishment and a
customer, if such service is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas"
e. Adult Entertainment Uses: Adult bookstores, adult
motion picture theaters, adult mini-motion picture
theaters, adult massage parlors, adult saunas,
adult companionship establishments, adult health
clubs, adult cabarets, adult novelty businesses,
adult motion picture arcades, adult modeling
studios, adult hotels or motels, adult body
painting studios, and other Adult Establishments.
f. Adult Establishment: A business engaged in any of
the following activities or which utilizes any of
the following business procedures or practices,
either:
1. any business which is conducted exclusively
for the patronage of adults and as to which
minors are specifically excluded from
patronage thereat either by law or by the
operators of such business, or
2. any other business which offers it patrons
services or entertainment characterized by an
emphasis on matter depicting, exposing,
describing, discussing or relating to
specified sexual activities or specified
anatomical areas.
Specifically included in the term, but without
limitation, are adult bookstores, adult motion
picture theaters, adult mini-motion picture
theaters, adult massage parlors, adult saunas,
adult companionship establishments, adult health
clubs, adult cabarets, adult novelty businesses,
adult motion picture arcades, adult modeling
studios, adult hotel or motel, and adult body
painting studios.
g. Adult Hotel or Motel: Adult hotel or motel means a
hotel or motel from which minors are specifically
excluded from patronage and wherein material is
presented which is distinguished or characterized
by an emphasis on matter depicting, describing or
relating to specified sexually activities or
specified anatomical areas.
h. Adult Massage Parlor, Health Club: A massage
parlor or health club which restricts minors by
reason by age, and which provides the services of
massage, if such service is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas"
i. Adult Mini-Motion Picture Theater: A business
premises within an enclosed building with a
capacity for less than 50 persons used for
presenting visual media material if such business
as a prevailing practice excludes minors by virtue
of age, or if said material is distinguished or
characterized by an emphasis on the depiction or
description of "specified sexual activities" or
"specified anatomical areas" for observation by
patrons therein.
j. Adult Modeling Studio: An establishment whose
major business is the provision, to customers, of
figure models who are so provided with the intent
of providing sexual stimulation or sexual
gratification to such customers and who engage in
.~ specified sexual activities or display specified
anatomical, areas while being observed, painted,
painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted by such
customers.
k. Adult Motion Picture Arcade: Any place to which
the public is permitted or invited wherein coin or
slug-operated or electronically, electrically or
mechanically controlled or operated still or motor
picture machines, projectors or other image-
producing devises are maintained to show images to
five or fewer persons per machine at any one time,
and where the images so displayed are distinguished
or characterized by an emphasis on depicting or
describing specified sexual activities or specified
anatomical areas.
]. Adult Motion Picture Theaters: A business premises
within an enclosed building with a capacity of 50
or more persons used for presenting visual media
material if said business as a prevailing practice
excludes minors by virtue of age, or if said
material is distinguished or characterized by an
emphasis on the depiction or description of
"specified sexual activities" or "specified
anatomical areas" for observation by patrons
therein.
m. Adult Novelty Business: A business which has as a
principal activity the sale of devices which
simulate human genitals or devices which are
designed for sexual stimulation.
n. Adult Sauna: A sauna which excludes minors by
reason of age, or which provides a steam bath or
heat bathing room used for the purpose of bathing,
relaxation, or reducing, utilizing steam or hot air
as a cleaning, relaxing or reducing agent, if the
service provided by the sauna is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas"
o. Church: A building or structure, or group of
buildings or structures, which by design and
construction are primarily intended for the
conducting of organized religious services and
associated accessory uses.
p. School: A public school as defined in Minnesota
'- Statutes §120.05 or a nonpublic school or a
nonsectarian nonpublic school as defined in
Minnesota Statutes §123.932.
q. Specified Anatomical Areas:
1. Less than completely and opaquely covered
human genitals, pubic region, buttock, anus,
or female breast(s) below a point immediately
above the tope of the areola; and
2. Human male genitals in a discernibly turgid
state, even if completely and opaquely
covered,
r. Specified Sexual Activities:
1. Actual or simulated sexual intercourse, 0ral
copulation, anal intercourse, oral-anal
copulation, bestiality, direct physical
stimulation of unclothed genitals,
flagellation or torture in the context of a
sexual relationship, or the use of excretory
functions in the context of a sexually
relationship, and any of the following
sexually-oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty; or
2. Clearly depicted human genitals in the state
of sexual stimulation, arousal or tumescence;
or
3. Use of human or animal ejaculation, sodomy,
oral copulation, coitus, or masturbation; or
4. Fondling or touching of nude human genitals,
pubic region, buttocks, or female breast; or
5. Situations involving a person or persons, any
of whom are nude, clad in undergarments or in
sexually revealing costumes, and who are
engaged in activities involving the
flagellation, torture, fettering, binding or
other physical restraint of any such persons;
or
6. Erotic or lewd touching, fondling or other
sexually-oriented contact with an animal by a
human being; or
7. Human excretion, urination, menstruation,
vaginal or anal irrigation.
s. Youth Facility: A public playground, park, public
swimming pool, public library, or licensed day care
facility.
Section 3. Section 1.552 "Term of Suspension" of the New Hope
City Code is hereby added to read as follows:
1.552 Term of Suspension. Pursuant to the authority of Minn.
Stat. §462.355(4) a total prohibition is hereby imposed
on the location of any Adult Entertainment Use or
establishment as defined in §1.551 of this Code anywhere
within the New Hope City limits. Said prohibition shall
be effective through February 25, 1992. Any application
for issuance of building or occupancy permits under
Chapter 3 of this Code, text changes, variances,
conditional use permits and rezoning requests under
Chapter 4 of this Code and subdivision requests under
Chapter 13 of this Code for any new use, construction,
development or subdivision of property for Adult
Entertainment Uses or establishments as herein defined
shall be denied until such time as this section is
repealed or is no longer effective by law.
Section 4. Section 1.553 "Public Hearing and Study" of the
New Hope City Code is hereby added to read as follows:
1.553 Public Hearing and Study. The City Council hereby
directs City Staff to study the siting of Adult
Entertainment Uses and establishments as defined in
Section 1.551 above and schedule a public hearing, at
which time public comment will be accepted and received
regarding the placement and location of Adult
Entertainment Uses within the City.
Section 5. Section 1.554 "Separabilty" of the New Hope City
Code is hereby added to read as follows:
1.554 Separability. Every section, provision, or part of
§§1.55 through 1.554 of this Code or any permit issued
pursuant to this Code is declared separable from every
other section, provision, or part thereof to the extent
that if any section, provision or part of this Code or
any permit issued pursuant to this Code shall be held
invalid by a court of competent jurisdiction, it shall
not invalidate any other section, provision, or part
thereof.
Section 6. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 25th day of February , 1991.
/Edw. J/~rickson, Mayor
Attest :~/~/)/~l/~~ £ J
Ca~'e"rie L~6~s] C~ty Clerk
(Published in the New Hope-Golden Valley Post the 6th day of
March , 1991.)
POST PUBLICATIONS
The~ Cit~': e City of New Hppe AFFIDAVIT OF PUBLICATION
ordains, ~
i Sectimij~$ecfion.'l.5~ "Temporary Prohibi-
tion of Adult' Entertainment Uses' and
Establishments' of. the New Hope C ty Code
is here~y add~d tb~read as, follows -
i~55 T~al~¥. PrOhibition of Adult Ertter-
taihme~t Lrs~,s an~i 'Establisbments. STATE OF MINNESOTA
SectiOn 2. S~cti0h ].55~1 ;'D~finitions" of the COUNTY OF HENNEPIN ss.
New H6pe ~[t¥~ode i§ hereby added to read
a s fol lows:
1.5~1 '~)efJnitio~ns~ Th(~ following definit[bns
shall be' a~ii~c~abJe to §L55 et, =~1. of this
Code prohibiting, on a temporary basis,
Adult Entertainment Uses and Establish-
mentswithin the City of New Hope:
a, Adult Body Painting Studio: An
establishment or business which provides
the service of applying paint or other Walter D. Roach
substance .whethel~ transparent or non- , being duly sworn, on oath saysthat he lethe publisher or authorized
tran~a~nl~ t~ ~r~ on the body cE a Oa~ron
wl~n Such bOdy. J~wholJy or'partlelly nude agent and employee of the publisher of the newspaper known as the ~.~'t~I~
in tevm~'of"~specified anatomical ar~eas''. and has full knowledge of the facts which are stated below:
~. Adult Bookstore: A business engaging in
the barter, rental, or' sale of items con- (A) The newspaper bas complied with all of the requirements constituting qualificaticxt as a qualified newspaper, as
sisting of. printed matter, pictures, slides, provided by Minnesota Statue 331A.02, 331A.07, and other al:)f)licable laws, as amended.
records, audiotapes, if such shop is not open
to the public generally but only to one or
more classes of the public, excluding any Orcl. in~l~ce ~0 · 9~1--07
minor by reasun. of age, or if a substantial (B) Theprinted
Or significant portion of such items are
distinguished or characterized by an em-
phasis on the depiction or description of
"specified sexual activities" or "specified
anatomical areas".
c. Adult Cabaret: An establishment which
provides dancing or other live entertain-
ment, if such establishment excludes which is attached was cut from the columns of said newspaber, and was printed and published once e week, for
m~nors by virtue of age of if such dancing or
other live entertoinment is distinguished or 1 "~.,,~,~#Wea'~"°'~°~' 6th
characterized by an emphasis on the per- __successiveweeks; itwasfirstpublisheden ,the dayof
formance, depiction or description of
"specified 'sexual activities" or "specifJe¢
anatomical
areas".
March
19 ~1 , and was thereafter printed and published on every
d. Adult Companionship Establishment: A
companionship establishment which ex-
cludes minors by reason of age, or which
provides fha Service of engaging in or foandincludingthe dayof ,19
listening to c0nvers~tion, talk or discussion and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be'-
0etween an, employee of the- establishment lng the size and kind of type used in the composition and publication of the notice:
and 'a custbmei-, if '-such service- is
distinguished or characterized by an 'em- abcdefghiiklmnopqrsfovwxyz
phasis on "specified sexual activities" or
"specified anatomical areas"~
e, AdUlt Entertainment Uses.-Adult ~~
bookstores, adult motion picture theaters,
ad011 mini-motion picture theaters, adult
massage parlOrs; adult saunas, adult com-
panionship establishments, 'adult health
clubs, adult~cabarets, adult novelty busi~ BY:
nesses, adult motion picture arcades, adult
modeling.studios, adult hotels or motels,
adult body painting studios, and other Adult General Manager
Establishments. TITLE:
f. Adult Establishment: A business engaged
in any of the following activities or which Acknowledged before me on
utilizes any of the following boslness pro-
cedures or~ practice~, either':
1, any business which is conducted ex- 7th March 91
clusively for the patronage of adults and as this day of 19
to which minors are specifically excluded ~ ~ ~ ~,~~
fror~ ~Tatronage thereat either by law or by
the operators Of such business, or
2. any other business which offers it ~~ublic - "~
patrons services or entertainment charac- Notary
terized by an emphasis on matter depicting,
to specified sexual activities or specified ~ ~' ~-~,-¥ P~?,O~A
Specifically include¢ in the term; but ~ ~....
Without limitation, are adult bookstores,
parlors, adult saunas, adult companionship
establishments, adult health clubs, adult
cabarets, adult novelty businesses, adult
motion 'picture arcades, acrult modeling RATE INFORMATION
studios, adult hotel or mot~l, and adult body I · ?0
painting studios~ (1) Lowest classified rate paid by commercial users for com-
g. Adult Hotel er Motel: Adult hotel or parable space. (Line)
minors are specifically excluded from ·
patronage and ~9~e~[~' material is presort- (2) Maximum rate allowed by law for the above matter. $.
ted which is distinguished or characterized (Line)
describing or relating to specified sexually (3) Rate actually charged for the above matter. $.
activities or specified anatomical areas. (Line)
h. Adult Massage Parlor, Health Club: A
terized by an emphasis on "sPecified sexual
'activities" Or "specified anatomical a~eas".
i. Adult Mini-Motion Picture Theater: A
business-premises within an enclosed build-
ls~J with a capacity for less than 50 persons
ed for prdsenting visual media materiat if
such bus ness as a Prevailing pract ce ex-
cludes minors by'virtue of age, or jf said
ORDINANCE NO. 91-09
AN ORDINANCE ANENDING SECTIONS 9.121
OF THE NEW HOPE CODE BY ESTABLISHING
MANDATORY RECYCLING FOR MULTIFAMILY
RESIDENTIAL BUILDINGS
The City Council of the City of New Hope ordains:
Section 1. Section 9.121 "Recycling Authority: Powers" of the
New Hope City Code is hereby amended to read as follows:
9.121 Recycling Authority: Powers. The recycling authority is
responsible for supervising and controlling the
collection, removal, and disposal of recyclabie materials
from all residential properties containing 8 or less
dwelling units in the City. The recycling authority may
contract with one or more collectors or haulers for the
collection, removal and disposal of some or all types of
~ .... ~ ..... ~- residential
recyclable materials from ........ ~ ......
p. Eoperties. The recycling authority may adopt and
enforce additional rules not inconsistent with this
chapter as necessary for the collection, removal, and
disposal 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. The
rules of the recycling authority are not effective until
approved by the Council.
Section 2. Section 9.121 "Recycling Autho..rity: Powers" of the
New Hope City Code is hereby amended by adding subsection 3
"NandatoFy RecYcling/Multifamily Dwellings" to read as follows:
(3) Mandatory .Recycling/Multifamily Dwellings. Owners of
Nultifamily Residential Buildings containing more than
eight dwelling units shall either contract directly with
a recycling hauler licensed under the provisions of
Chapter 8 of this Code to provide.recycling collection
services to all residents of the dwelling or privately
provide recyc]ing collection services to all residents of
the dwelling. If the owner provides the latter option,
a written description of the specific recycling
collection plan must be submitted to the City as
verification of the existence of said services to the
residents. The recycling services provided under thim
section must comply with the requirements of this Code
and all applicable Hennepin County Ordinances for
recycling.
Section 3, Section 9.121 "Recycling Authority: Powers" of the
New Hope City Code is hereby amended by adding subsection 4
"'Placement and Screening of Containers" to read as follows:
(4) Placement and Screening of Containers, The regulations
set forth in §§ 9,111 (4) through (6) of this Code
applicable to the location and screening of wast~
containers shall also apply to the location and screenin~
of all recycling containers,
Section 4. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 22nd day of April , 1991.
/Edw-. J. ~rickson, Mayor
Attest: ~ .%~_'~C~ ~~_
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Post the 1st day of
, 1991.)
· , POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
recycling
vising
~nd ali STATE OF MINNESOTA
l~s COUNTY OF HENNEPIN ss.
dwellir
removal
arrP:f. ~dispos~J~.~of:*~ ~.me or all types of rec.yclGl?Je_
materla~ls f~'dwelling- unite] resi4enti
preperties. ~The recycling authority may
~_d~pt ar~denforCe additiorial ~ules not~ incor~-
s[sfont with this chapter as necessary for the
colleCtion, removal, and disposal of recycling
materials, including but not limited to.rules W~[~'~e~"* De ~.oac~'~
governing the days anc} hours~ of collection, , being duly sworn, o~ oath says that he is the publisher or authorized
the types of recyclable marSHals to J~e col-
lected, the manner in which dwelling unit agent and employee of the publisher of the newspaper known as the.
owners or occupants must prelP~/..~_e recyclable and has full knowledge of the facts which are stated below:
materials for co{~e~"~cling con-
tainers to be used~iffl~ location of recycl- (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
lng containers for'col~lection. Tile ruJ~ df the provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
recycling authority ere not effective uritil
proved by the~r~:il. .
Sectbn 2; S~f~ 9 ~21 ,"Recycling Author- 0z~t~.nance too. 91-09
ity-; .Powers" of the 'New Hope City Code is
hereby amended by ~adding subsection 3 (B) The printed.
"Mandatory R~cyCling,~J~ultifamfi~ .dwell-
ings, toread as follows: - ~/. ~,~ r~~
(3) Mandatory RecY~ing/M~l~mily
Dwellings. Owners of MOnaurally
Buildingscantai, ing ~n eight~,'L~elling
units shall eLt!~,~_~lff!~~ with a
recyclingbaff~;l~tdK'r*~h~"provisiuns which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
of Chapt~r-,~d~ii~is C~le to previde recycling
collection services to ,11 residents of the dwell- ,~ Wedge sday
log or privately provide recycling ~collecfion
services to all residents of the dwelling. If the __ successive weeks; it was first published on the day of
owner provides ~he~ :'!a~er option, a written
description of th~'.~pecifi~c ~r~.~cycling collection
plan must be submi~ed to,the, City as verifica- ~ 19 9 '1 , and was thereafter printed and published on every
· non Of the existence ot~ervicas to the
residents:. The recy;lin~ei'~ices provided
under this ! to and including the day of 19-
and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be-
lng the size and kind of type used in the composition and publication of the notice:
abcdefghiiklmnopqrstuvwxyz
read ns fellows: to
,(4) Placement and Screening of Ce. tethers.
The regulations set forth in ~§ 9.111 (4}
through (6) df this Code applicable to the
location and ,screening: .ef~M~as. te containers BY:
shall also apply to the~t'i~l ~dd screening
of all recycling ce~aine~r~. :~' '~ '
Section~ 4. Effective Date, This Ordinance Genez-a].
shall be effective upon its passage and TITLE:
publication.
Dated file 22nd dayof April, 1991. Acknowledged before me on
/s/Edw. J. Erickson ~ -
Edw~ J. Erickson, Mayor
Attest:/s/Valerie Leone. ':~- this2.,~d 1~a7 1991
Valerie Leone, City Clerk' day of
(Brackets [] indicate matter ,o be
deleted, boldface indicates new matter.)
(Pub. in The New Hope-Golden Valley
Post News-May 1,1991.) Notary Public
~ ,~' ~' ~,¥ CL. , , , /~ g27-~4 ~
RATE INFORMATION
1.70
(1) Lowest classified rate paid by commercial users for com- $.
parable space. (Line)
(2) Maximum rate allowed by law for the above matter. $
(Line). 62
(3) Rate actually charged for the above matter. $
(Line)
ORDINANCE NO. 91-11
AN ORDINANCE ANENDING CHAPTER 9
OF THE NEW HOPE CITY CODE
BY PERNITTING AND ESTABLISHING PROCEDURES
FOR CONPOSTING YARD REFUSE
The City Council of the City of New Hope ordains:
Section 1. Section 9.111 (1) "Accumulation of Waste
Prohibited" of the New Hope City Code is hereby amended by adding
subsection (c) "Exception, Compost Sites" to read as follows:
(c) Exception, Compost Sites. Compost sites as defined by
§1.131A of this Code is permitted on all property,
provided that the compost site complies with the
regulations set forth in §9.119 of this Code,
Section 2. Section 9.119 "Defense to Prosecution" of the New
Hope City Code is hereby amended to read as follows:
............. t ..... ~ ....
Permitted Composting/Re~ulations. Compostin~ of certain
yard wastes as defined by this Code shall be permitted
above ground in a controlled area per the followin~
regulations allowing for the decomposition of the
materials through an aerobic process provi, din~ adequate
oxygen and moisture. At no time shall composting create
a health hazard or a nuisance to adjoin,in~ ~roperties.
(a) Location. Compost sites may not be closer
than five feet from any rear or side property
line, may not be located in any front yard or
side yard abutting a public right-of-way, may
not be located in any. drainage easement, or
may not be closer than 25 feet from any
residence.
(b) Size. No compost may exceed 25 square feet in
area or exceed 4 feet in height.
(c) Number of Sites. No lot may contain more than
one compost site.
(d) Containment. All compost sites must be
totally contained within a structure
constructed of a permanent, non-degradin~
material in a manner which allows the
circulation of air and is visually
complementary to a lot's principal structure.
(e) Herbicide/Pesticide Use. No compost may be
treated with any kind of herbicides or
pesticides.
(.f) Composition. A compost may consist only of
yard waste generated only from the site u.pon
which the compost is located. No other
refuse, including but..not limited, to, fruit or
vegetable.waste., eggshells or coffee grounds
may be composted.
Section 3. Section 1.10 "Definitions" of the New Hope City
Code is hereby amended by adding subsection 1.131A "Compost Sites"
to read as follows:
1.131A Compost Sites. "Compost sites shall mean locations on
residential property for the controlled biological
decomposition of yard waste in a manner resulting in an
innocuous final product.
Section 4. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the loth day of June . , 1991.
//Edw. ~.-Erickson, Mayor
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Post the 19th day of
June , 1991.)
9¸.
POST PUBLICATIONS
.aw .ope ity AFFIDAVIT OF PUBLICATION
to read as
( c Y--,~ I
STATE OF MINNESOTA
site complies with the ~ SS.
~9.tl~0it#isCoee.:' - · COUNTYOF HENNEPIN
's~ctior~:2.' Sectroh 9f119 'Oefeltse 'rd ~Pro-
secution" Of the New Hope City Cede is
hef~bY:~etl~ed tO feed as follows:
9.119[DofenSe ~f0~ Prosecution. It shall be a
sufficient defens~t~ia~osecution under this
Section that tKe~,~accum,}at on of manure,
yard clippings, leaYes-~,4~fi'eseib e solid
wastes, except garbage~qae~mitted or
maintained was done~;~es~ bwetl: defined,
suitably screened;-compost; and' in sucl~ a ~Tre~u~-~f
manner*as not to attract flies or vermin, nor , being duly sworn, on oath says that he is the publisher or authorized
resuit4n
f0ul,
or
nauseous
odors
offensive
to
agent and employee of the publisher of the newspaper known as the ~)O~ ~i~e~l'~
ad~a~ent~'.~reside~ts 'or any considerable
numberofq~n~mbers of the public.] and has full knowledge of the facts which are stated below:
Permitte~, ~ml~sting/Regulations. Com-
postJng~of terioifl ya~lwastes as defined by iA) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
this Code shal~,be~l~r~nitted above ground in provided by Minnesota Statue 331A.02,331A.07, and other al~)licable laws, as amended.
a controlled area ~er ~he:~lellowing regula-
tions allowing for the~sition of the .~j~/ (~ /~_ //
materials through an:aereJjie process pro- Ordinance No.
viding a~equate OXygen and moisture. At no iS) The printed .
time shall eampesting create a health hazard
or a nuisance fo adioiningproperlies.
(a) Location. Compest sites may not be
closer than~five feet from any rear or side
prope~ li~ea~may eat he located in any front
yard er sillie~-abutling a public- right-
of-way,~ma~'~no~ated in any. drainage which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
easement, ee~n'~met~be Cfoser titan 25 feet
from any residence. - ;.; -
(b) ~ IN~eaall)est, I successive weeks; itwasfirstpublishedon Wednesday ,the 19thdeyof
Ju~e ,9--~1 , and was thereafter printed and published on every
to and including the day of ,19.
and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as
tinn of a~r a~ lng the size and kind of type used in the composition and publication of the notice:
lot'!
(e) Herbicide/ compost- abcdefghiiklmnopqrstuvwxyz
may betreated with any
pesticides. "~ "- ........... "~
of yard waste generated only from the site
upon. which the compost is located. No other
refuse, including but~ net limited to, fruit or
vegetablbW~ste~ eggshells or coffee grounds
, may be com~/~' · BY:
Section 3. Sec~t.tO~"Definitions'' of the ~ ( /
New Hope City Code is tiereby amended by
adding subsection 1.131A "C6'mpest Sites" to
readasfollows: ' TITLE: General Manager
L]3~A Compost Sites. 'Compost sites shall
meao focatioes on residential property for Acknowledged before me on
the controlled bieingical de.composition of
yard'waste in e 'manner resulting ia an in-
.oc.o.s.~*ea, p.~uct. June 91
Section 4. Effective Date· This Ordinance this 20th day of
shall be effective 'uPon' its passage and __
publication. ·
Edw. J. Erickson-, MayoW~ ~x..; ~- Notary Public
Attest: ~
Valerie~ Leone,Cit~,Cl~er k
Boldface indicates new 'matter.' Bradkets
[] indicates matter to be-deleted.
(Published in the New Hope-Golden Valley
PostNews June 19,1991). 4 ~!~:~,~ ~)~
RATE INFORMATION
1.70
(t) Lowest classified rate paid by commercial users for com-
parable space. (Line)
(2} N',aximum rate allowed by law for the abeve matter.
(Line}
(3) Rate actuaUy charged for the above matter. S. -~)~
(Line}
POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
--, REFUSE '
'[he City Council of the City of New Hope
ordains: · -
Section-ts Seetion~/.111 (1) "Accumulation
of Waste Prohibited" Qf the Nex~ H~ope?c ty STATE OF MINNESOTA
Code is hereOy amended by adding subsection
(c) "Exception, Compost Sites" to read as COUNTY OF HENNEPIN
follows:
(c) Exception, Compost Sites. Compost sites
as defined by §1.131A of this Code is permit-
ted on a II prol~rty provided tbet the cbmpost
site complies with the regulations set forth in
§9 119of th s Code.
Section~2. Section 9.119r "Defense to Pro-
secutiOn" of the New Hope City Code is
hereby amended to read as follows:
9.119[Defense to Prosecution. It shall be a Gregory [~bacin
sufficient defense to prosecution under this , being duly sworn, on oath says that he is the publisher or authorized
Section that .the accumulation of manure, ?ostNews
yard. clippings, leaves or outreseible solid agent and employee of the publisher of the newspaper known as the
wastes, except garbage, permitted or and has full knowledge of the facts which are stated below:
maintained
(A) The newspaper has complied with ail of the requirements constituting qualification as a qualified newspaper, as
provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
Ordinance No. 91-I 1
(B) The printed
Permifte~ Cbmposting/Regulafions~ Cem-
posting~of c~rtafo yard wastes as defined by
this Code shall be permitled above g-round in
a controlled area pei~ the' following regula-
tions allowing for flie decomposition of the
materials through al~ aerobic process pro-
riding adequate oxygen and moisture At no
t me shatlc0mpostingcreateaboalthhazard which is aHached was cut from the columns of said newspaper, and was printed and published once a week, for
or a nuisance to adjoining properties.
(a) Location. Compost sites may not be '1 Wednesday 3rd
. closer then five feet from any roar or side
property line;may net be located:in any front successive weeks; it was first published on , the day of
yard or side yard almUing a public right-
of-way,'may not be located in any drainage July
easement, O~' may not be closer than 25 feet -- ~ 19 __1 , and was thereafter printed and published on every
from any residence.
(b) Size. No compost may exceed 25 square
feet in area or exceed 4 feet in height, to and including the day of 19
(c) Number of Sites. No lot may contain more and printed below is a COpy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be~
than one compost site, lng the size and kind of type used in the composition and publication of the notice:
(d) Containment. All compost sites must be
totally contained Within a structure con* abcdefghiiklmnopqrstuvwxyz
structed ora permanent, non-degrading ma-
terial in a manner which allows the circula-
'Jori of air and is visaally complementary fo a .~.,//~~ ~"'~~
lot's principal structure.
(e) Herbicide/Pesticide Use. No compost
may be treated with any kJl~l of herbicides or
pesticides. ~L~
(f) Coml~sition. A compost may consist only BY:
of yard Waste generated only 'from the site ~ ~ /
upon which the comPOSt is located. No other
refuse, including but not limited tg, fruit Or Genera[
vegetable waste, eggshells or coffee grounds T I TLE:
may be composted.
Section 3. Section 1.10 "Definitions" of the Acknowledged before me on
New Hope City Code is hereby amended by
adding subsection 1,131A "compost Silos" to
read as fellows: 4th July 91
1.131A Compost SHes. "Cdmpost silk shall this day of ,19
mean locations on residential property for ~~
the controlled biological decomposition of
yard waste in a manner resulting in an in-
nocuous final preduct.
Section 4. Effective Date. This Ordinance Notary Public
publication.
Dated the loth day of June, 1991. ~ ' '" ~ i..C ~ NO~U'~LIC-~MINNESOTA
Edw. J. Ericksan, Mayor ~ -/, /,~?~ ~ (~'OL;,~T'y' '
Valerie Leone, City Clerk
Boldface indicates new matter. Brackets
[]indicates matter to be de eted.
(Published in the New He,e-Golden.Valley
PostNews July 3,1991).
RATE INFORMATION
(1) Lowest classified rate paid by commercial users for com- $ I · 70
parable space. (Line)
(2) Maximum rate allowed by law for the above matter. S
(Line) .62
(3) Rate actually charged for the above matter. S
(Line)
ORDINANCE NO. 91-12
AN ORDINANCE ESTABLISHING A PROGRAN
TO DEFER PAYNENT OF SPECIAL
ASSESSNENTS FOR SENIOR CITIZENS AND RETIRED
DISABLED HOMEOWNERS
The City Council of the City of New Hope ordains:
Section 1. Section 1.60 "Special Assessment Deferral" of the
New Hope City Code is hereby added to read as follows:
1.60 Special Assessment Deferral. Pursuant to Minn. Stat.
§§435,193 through 435.195 senior citizens and retired
disabled homeowners may defer special assessments levied
against single or two-family residential property if the
criteria set forth in §§1,61 through 1,613 of this Code
are met by the applicant.
Section 2, Section 1.61 "Eligibility" of the New Hope City
Code is hereby added to read as follows:
1,6t Eligibility. Any person 65 years of age or older or
totally and permanently disabled as determined by the
Social Security Administration may defer special
assessments levied against real property for public
improvements if the following conditions are met:
1.611 Ownership. The applicant must be the fee
simple owner of the property or must be a
contract vendee for fee simple ownership. An
applicant must provide either a recorded deed
or contract for deed with the application to
establish a qualified ownership interest as
required herein.
1.612 Homestead. The property must be the
applicant's principal place of domicile and
classified on the City's and County's real
estate tax rolls as the applicant's homestead.
1.613 Net Income. The applicant's net income and
net income of all other joint tenants, tenants
in common or contract vendees in title to the
property may not exceed $18,000.00 during the
preceding year from the assessment levy. Net
income determination shall be made under a
formula as set forth on a form provided by the
City.
Section 3. Section 1.62 "Interest on Deferred Assessment" of
the New Hope City Code is hereby added to read as follows:
1.62 Interest on Deferred Assessment. All deferred special
assessments shall be subject to and charged simpl~
interest at the prevailing interest rate applicable at
the time the assessment was originally levied. Said
interest shall be payable upon termination of the
deferral status.
Section 4. Section 1.63 "Termination of Deferral Status" of
the New Hope City Code is hereby added to read as follows:
1.63 Termination of Deferral Status. Special assessment
payments deferred pursuant to the eligibility
requirements set forth by' this Code shall become payable
effective upon the occurrence of one of the following
events:
1.631 Sale of Property. The subject property is
sold, transferred, subdivided or in anyway
conveyed to another by the fee owner qualified
for deferral status.
1.632 Death of Owner. The death of the fee owner
qualified for deferral status unless a
surviving joint tenant, tenant in common or
contract vendee is eligible for the deferral
benefit provided hereunder.
1.633 Non-Homestead Property. The subject property
loses its homestead status for any reason.
1.634 No Hardship. The City Council determines that
there would be no hardship to require an
immediate or partial payment of the deferred
special assessment.
Section 5. Section 1.64 "Filing For Deferral Status/Fee" of
the New Hope City Code is hereby added to read as follows:
1.64 Filin~ for Deferral Status/Fee. An eligible applicant
must file an application on or before September 15th of
the year preceding the year for which deferral status is
requested in order to implement the deferral program for
said year. All deferral applications must be made on
forms approved by the City and submitted to the New Hope
Department of Finance/Administration. The applicant will
be charged an administrative filing fee as prescribed in
Chapter 14 of this Code for the purpose of processing the
application,
Section 6. Section 14.90 "Special Assessment Deferral Fee" of
the New Hope City Code is hereby added to read as follows:
14.90 Special AsseSsment Deferral Fee. The City shall charge
a non-refundable application fee of $25,00 to process all
applications for special assessment deferrals provided by
§§1.60 through 1.64 of this Code. The purpose of this
fee is to cover the City's administrative cost to process
said applications through the County real estate tax
system.
Section 7. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 22nd day of April , 1991.
/Edw, J~rickson, Mayor
Attest: ~/~/~ l ~~
vaie6ie L6~ne', city Clerk
(Published in the New Hope-Golden Valley Post the 1st day of
May , 1991.)
POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
senior citizens STATE OF MINNESOTA
homeowners may defer., COUNTY OF HENNEPIN ss.
fbrth in §§1,
are met by tho agp§caot: .
S~'tion 2, Section 1.&l "Eligibility" of the
New Hope City Code is hereby added to read
as follows:
1.61 Eligibility. Any person 65.years of age or
older or totally am;! ~manently dis-
- alged as determine$~l~e~ Social Sece-
r.y ^dmlnist e efef ..ci., WaZter D. Roach
assessments !evil--st real proper- being duly sworn, on oath says that pe is the publisher or authorized
~br public im~ it the follow- [::)O stNe~l(s
~flg-ce~ditions a,~ m~] agent and employee of the publisher of the newspaper known as the
'~.~11 Ownership. Tl~a~ieant must be and has full knowledge of the facts which are stated below:
. tile fee s~.mple.~r of the IN'ap- (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
~ ~' arty er nmst~be~ ~ct vendee
_~ ', ~ for fee SJmPl~sbig. An apr, providedbyMinnesotaStetue331A.02,331A.07, and other applicable laws, asamended.
~ ~]~ ~ plicant 'must'*j~r~fitl~ .either a re-
' · ,~ed ~ or,~ra~ for ~nd 0cdtnance No. ~1-12
~.~ ~,- (B) The printed
end classified on the
Tliu al~.lJcan~s nat which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
,,.,.~. t,on.ts i....on I ~ed~esday 1 st
:,~ - successive weeks; it was first published on the __.day of
~.C~y 19_ ~'t and was thereafter printed and published on every
to and including the day of 19
is and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be-
lng the size and kind of type used in the composition and publication of the notice:
1.62 All
abcdefghiiklmnopqrstuvwxyz
uponterminationof thedeferral status. ~~ ~r ~~
Section 4. Section 1.63 "Termination of
Deferral Status" of the New Hope C:ity'Code is
1.63 B Y:
o.~ General Manager
TITLE:
the
Acknowledged before me on
2nd May 91
this day of / 19
qgalified la~ deferral
status unless a~ surviving joint fe-
nant, tenant in common or co.- Notary Public
frec~ vendee is eligible for the
deferral benefit provided ~ ~-',,;~i',~ ~AL[.~,~Y BRODA ~
hereunder. ~ ~' ,-,~ .- ~'~ ~ ,A-, ,' PUZLIC--MINNESOTA ~
1.433 Non-Hemesteod Property.The i ~ '~ ~;~ N [~ ~ ~ ' ~ S :--' [ ;[ C O U N~ ~
subject property loses its home- '.,,~ :~?; ~¥ co:~ ~, :~ a-~7-~
stead stathsferanyreason. _ L ............. ~- ~"~. ~-~j
I./~4 No Hardship. The City Council
determines the~ there would be no
hardship tn require an immediate
or partial payment of the deferred
special assessment. RATE INFORMATION
Section s. Section 1.64 "Filing For. Deferral I · 70
'StatW, Fee(' of the New Hope City Code is (1) Lowest classified rate paidbycommercial users forcom- $.
hereby actd&d to r&ad as follow: parable space. ( Line]
1.64= FHiag~.ft~ E~eferral Status/Fee. An eligi-
ble ~ppljcard must'file an application on
oF befm~e. September 15th of the year (2) Maximum rate allowed by law for the above matter. $.
preceding the year for which deterrat (Line) · ~2
status is requested in brder to implement
the deferral program for sai4 year. All (3) Rate actually charged for the above matter. $.
deferral applica]ions must tJ~ ~ade on
forms approved'by tlie City and submit- (Line)
the
Section 6. Section 14.90 "Special Assessi~ent
Deferral ~F~ee" of the New'Hope City Code is
herebv adde~l to read as foll0wg: ~
14.90
this Code.
ORDINANCE NO. 91-13
AN ORDINANCE AMENDING SECTION 1.613
OF THE MEN HOPE CODE BY AMENDING THE
INCOME GUIDELINES FOR DEFERRAL OF
SPECIAL ASSESSMENTS
The City Council of the City of New Hope ordains:
Section 1. Section 1.613 "Net Income" of the New Hope City
Code is hereby amended to read as follows:
1.613 Net Income. The applicant's net income and net income of
all other joint tenants, tenants in common or contract
vendees in title to the property may not exceed
=13,0CO.OO $19,200.00 during the preceding year from the
assessment levy. Net income determination shall be made
under a formula as set forth on a form provided by the
City.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 13th day of May , 1991.
~Edw. ~_~'Erickson, Nayor
Attest: (~/_/P~'~ ~~/i
Valerie Leone? Cit~--~]erk
(Published in the New Hope-Golden Valley Post the 22nd day of
May , 1991. )
POST PUBLICATIONS
' AFFIDAVIT OF PUBLICATION
The City
ordains:
S~tJ01t 1.. S~ection 1.613 ~"Net illcom~" of
the New Hbpb City Code is hereby &mehdad to
read as follOws:
1.61~3 Net lecome. The appticant~s n&t in- STATE OF MINNESOTA
come and net income of aH .ot~r .ioim te- SS.
nants tenants in commoi~ 6Y ~ontract COUNTY OF HENNEPIN
vendees~irl~t~t~e~to the. property may not ex-
ceed ~'[$18;0~0.00],.~2~.~, during' the
preceding- year. ~f~om ,t he~ a~sse~sement levy.
Net income ~determinatiofi shaft be made
under a formula as set fo~h, bei. a form pro~
vid~ed by fhe ~ity~. - · .
Se~timt~2~ E~eqtive Date. This ordinance
shall 'be effective upon its passage and
publication.
Dated the 13th day of. May. 1~91. Gregory Ptac in
Edw. J. Erickson, Mayor being duly sworn, oq~at h says, t,hat he is the publisher or authorized
Attest:/sgValer ie Leone'
Valerie Leone, City'Clerk~ agent and employee of the publisher of the newspaper known as the
Boldface ihdicates new matter, Brackets [ and has full knowledge of the facts which are stated below:
indicates matter to be deleted. IA) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
Published in the New Hope-Golden Valley provided by M~nnesofa Statue 331A.02, 331A.07, and other applicable laws, as amended.
Post News May 22,1991.)
Oz~tLna~ce No. 91-I]5
(B) The printed.
which is atlached was cut from the columns of said newspaper, and was printed and published once a week, for
?_~______ successive weeks; itwasfirstpublishedon Wednesday ,the 22nd dayof
~d~a~)r ,19 91 , and was thereafter printed and published on every
to and including the day of ,19.~
and printed below is a copy of the lower case alphabet from A to Z, beth inclusive, which is hereby acknowledged as be-
ing the size and kind of type used in the composition and publication of the notice:
abcdefghiiklmnopqrstuvwxyz
General Manager
TITLE:
Acknowledged before me on
2~r~i May 91
th~/~_~_~day of :
Z~~, :,,~ NOTAm,'?_. ':'~IC~MINNESOTA
RATE INFORMATION
(1) Lowest classified rate paid by cum mercial users for com- $. ~ · 70
parable space. (Line)
(2) Maximurn rate allowed by law for the above matter. $.
(L,ne~ 62
(3) Rate actually charged for the above matter. $
(Line)
ORDINANCE NO, 91-14
SUMMARY ORDINANCE OF ORDINANCE
NO. 91-04 AN ORDINANCE
AMENDING APPENDIX D OF THE
NEW HOPE CODE
BY REPEALING EXISTING FLOOD PLAIN REGULATIONS
AND ADOPTING NEW FLOOD PLAIN REGULATIONS
The City Council of the City of New Hope ordains that
publication of this summary ordinance will clearly inform the
public of the intent and effect of Ordinance 91-04 referenced above
and hereby directs the City Clerk to publish only this summary
ordinance. Further, the City Council hereby directs that full text
of Ordinance 91-04 shall be made available for public inspection at
the office of the City Clerk Monday through Friday during normal
business hours.
Section 1 of the Ordinance repeals New Hope Code §§4.171
through 4.179C located in Appendix D.
Section 2 adopts the new single district flood plain
ordinance. Said ordinance provides uniform regulation for all
areas within the flood plain. Specifically, it establishes the
City's statutory authorization and purpose for adopting the
regulations, it establishes applicable general provisions including
the adoption of the Flood Insurance Rate Map for the City developed
by the Federal Emergency Management Agency, it establishes
permitted uses, and standards and evaluation criteria for the flood
plain, it regulates utilities, railroads and roads in the flood
plain, controls land subdivisions within the flood plain,
establishes procedure for administration, variances,
nonconformities, and amendments and establishes penalties for
violations.
Sections 3 through 9 amend the following definitional sections
of §4.022 of the New Hope Zoning Code: Basement, Flood Plain,
Floodway, Obstruction (Flood Plain), Regional Flood, Regulatory
Flood Protection, Elevation and Structure.
Section 10 establishes an effective date. Ordinance 91-04
shall be effective upon the passage and publication of this Summary
Ordinance.
Dated the 24th day of June , 1991.
JEdw. J./Er~ickson, Mayor
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Post the 3rd day of
July , 1991.)
POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
FLOOD PLAIN NEW -
C~erkH°pe
ordains that publication of this suro~ary or-
dinance Wi[(ctearly in~'Orm the~-i~Jb~.~ :meSTATE OF MINNESOTA
intent and~effe~t of OrdJnance~9~t:-~ ~efer- SS.
ah~V~ a~'~hereby~directs4h~:~;i~y_--~-~- ~,~COUNTY OF HENNEPIN
enced
to publish:~!,~i~s~iary o~dinar~eL F~JI;-
ther, the CitY, C~'ff~eby direc~fs that full
text of Ordii~enEe 9T-ga shall be made ava -
able for public inspection at the office of the
City Clerk Ntonday through Friday during
normal businesshours. :~ ~ ~:
Section I of the Ordinance repeals New
Hope Code §~4 171 through ~179C,Iocated I~
Appendix D.
Section 2 adopts the new single district Gregoz3r ~caci~
being duly sworn, on oath says that he is the publisher or authorized
flood plain ,Ordinance[*~Said ordinance pro- ?ost~ews
vides ui~q~orm !i'egu alton fdr all areas within agent and employee of the publisher of the newspaper known as the
the flood pt~. Spef:]~icalLy, ~l establishes the
City's statutory auth~r-ization and purpose for and has full knowledge of the facts which are stated below:
adopting the 'regulation~$[; t estab shes ap-
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
plicable general provisions including the provided by M~nnesota Statue331A.02, 331A.07, and other applicable laws, as amended.
adoption of the FIo~d Ir~Su~-~e Rate Map for
the City developed by their-Fader.al' E merger'S/
ManagemeCrt Agency, it establishes permitted 0rdi~ance ~To. 9'!-'14
uses, and standards ~na evaluation criteria
for the fie. od plain, it regulates utilities,(B) Theprinted
railroads ~d ro~ds in the flood~p ain, c0ntro s
land sub~ivJ-,~idns within _the flood plain,
establishes ~rocedure for adminstration,
varianceS, nonconformities, and amendments
and establishes penaities:f'or violations.
Section 3 through 9 amend ~he following
definiti*onal sections o~4.022 of the New Hope which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
Zoning Codei ,~aserne~t, Flood Plain, Fioed-
way, O~structio. {F,~ P~a~.~..eCena, '1 Wednesday ~rd
Flood, Regulatory Flood Protection, Eleva-
tion and Structure. successive weeks; it was first published on the __day of
· Section 10 establishes~,ma~ef, fec~¥e date. Or-
dinance 91-0a shaU be e~fe~:[ ~p0n the pas- July
~9
sage and publication of ~$his ~6~rhary Ordi- -- ~ ,19 -~'' , and was thereafter printed and published on every
Dated the, 24th dayof ~June~ 1991 ~
' to and including the day of
Edw. J. Erickson, Ntayor and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be-
Attest: Valerie Leone, CityClerk lng the size and kind of type used in the composition and publication of the notice:
(Pub. New Hope/Golden Valley PostNews
July 3,1991). abcdefghiiklmnopqrstuvwxyz
General Manager
TITLE:
Acknowledged before me on
4th July ~ 91
this_ day of 19.
Notary Public
~?-.. ~, ~-'~-~¥ ~o~ .....
RATE INFORMATION
(1) Lowest classified rate paid by commercial users for com~ $. I .
parable space. (Line)
(2) Ntaximum rate allowed by law for the above matter. $.
{Line) . 62
(3) Rate actually charged for the above matter. $.
(Line)
ORDINANCE NO. 91-15
AN ORDINANCE AMENDING CHAPTER 14
OF THE NEW HOPE CODE
BY INCREASING THE SERVICE AVA[LABILITY
CHARGE (SAC)
The City Council of the City of New Hope ordains:
Section 1. Section 14.507 (2) "Amount of Charges" of the New
Hope City Code is hereby amended to read as follows:
(2) Amount of Charges. The charge for each building or
structure shall be equal to the number of units of sewage
volume which it will discharge, multiplied by ~
$650,00, A unit of sewage volume shall be 100,000
gallons per year and shall be assigned as follows:
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 22nd day of July , 1991.
J Edw. ~/ Erick~on, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Post the 31st day of
July , 1991.)
' .-- POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
is }
STATE OF MINNESOTA
. COUNTY OF HENNEPIN ss.
multiplied~ :by [$575.00]
$650.00. A unit of sewage voh~e~Shall be
:;:~,00O ~ja]:ions per~./~:~ai:* and shall .be
~,Secfion .2~five Date. This Ord~nanc~
shall be '~t*~e~.tipml its passage and
Dated the 22nd day of July, 1991.
/aZ Edw. J. Er~ickson
~dw. ~. ~ ~kso.,~ayor ~" Gregory T~cactn
Attest: . , being duly sworn, on oath says that he is the publisher or authorized
N
Valerie
Leone
agent and employee of the publisher of the newspaper known as the ·
VaJerie Leone, City C~ler k and has full knowledge of the facts which are stated below:
Boldface indicates new matter. Brackets
[] indic&tea matter to be deleted. (A) The newspaper has complied with all of the rC~luirements constituting qualification as a qualified newspaper, as
( July31, 1991) --N. H.-G.V. provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
Ordinance No. 91-15
(B) The printed
which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
I Wednesday ~1 st
successive weeks; it was first published on , the day of
July 19 91 , and was thereafter printed and published on every
to and including the day of ,19.~
and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be-
ing the size and kind of type used in the composition and publication of the notice:
abcdefghiiklmnopqrstuvwxyz
TITLE: General Manager
Acknowledged before me on
i st August 91
this day of ,19
I/- ~?"%:~ AL, ..... Y BRODA ~
~ r ,,~ ,~\7~ ,,.-_,'5 NOT.q;',,, FL': -!C--MINNESOTA
RATE INFORMATION
(1) Lowest classified rate paid by commercial users for com- $ ~ · 70
parable space. (Line)
(2) Maximum rate allowed by law for the above matter. $
(Line) ,62
(3) Rate actually charged for the above matter. $
(Line)
ORDINANCE NO, 91-16
AN ORDINANCE ANENDING CHAPTER 14
OF THE NEW HOPE CODE
REGARDING AN INCREASE TO THE BICYCLE
REGISTRATION FEES
The City Council of the City of New Hope ordains:
Section 1. Section 14.132 (1) "Bicycle Registration Fee" of
the New Hope City Code is hereby amended to read as follows:
(1) ~3 year registration fee per bicycle - ~ $10.00
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 22nd day of JQ]:Y , 1991.
'J~c~w.~.' Erickson, Mayor
Attest: ~eon~, City Clerk
(Published in the New Hope-Golden Valley Post the 31st day of
July , 1991 I )
POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
~AN
ordains: tope
Section 1. STATE OF MINNESOTA
COUNTY OF HENNEPIN ss.
shatl be and
publication.
Gregory Ptacin
being duly sworn, on oath soys that he is the publisher or authorized
agent and employee of the publisher of the newspaper known as the l~leHope-G. Valley Sun-Post
and has full knowledge of the facts which are stated below:
(July 31,.1991] -- N.H:-G.V.
_ (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
Ordinance No. 91-16
(B) The printed
which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
1 successive weeks; itwasfirstpublishedon Wed_~esday ,the31st
day of
July ,19 91 , and was thereafter printed and published on every
to and including the day of 19~
and printed below is a copy of the lower case alphabet from A to Z, beth inclusive, which is hereby acknowledged as be-
lng the size and kind of type used in the composition and publication of the notice:
abcdefghiiklmnolxlrstu~,txyz
General Manager
TITLE:
Acknowledged before me on
,h~s 1 st dayo, Auggst 91
RATE INFORMATION
(1) Lowest classified rate paid by commercial users for com- S. 1. ?0
parable space. (Line)
(2) N~aximumrateallowedbylawfortheabovematter. $.
(Line). 62
(3) Rate actually charged for the above matter. $.
(Line)
ORDINANCE NO. 91-17
AN ORDINANCE AMENDING
THE NEW HOPE ZONING CODE BY EXPANDING
PERMITTED AND CONDITIONAL USES
IN THE R-O ZONING DISTRICT
The City Council of the City of New Hope ordains:
Section 1. Section 4.092 "Permitted Accessory Uses, R-O" of
the New Hope City Code is hereby amended by renumbering said
section as §4.093.
Section 2. Section 4.093 "Conditional Uses, R-O" of the New
Hope City Code is hereby amended by renumbering said section as
§4.094.
Section 3. Section 4.092 "Permitted Uses, R-O" of the New
Hope City Code is hereby added to read as follows:
4.092 Permitted Uses, R-O. The following are permitted
uses in the R-O District:
(1) Less Intensive Use District. All permitted
uses allowed in an R-4 District.
Section 4. Section 4.093 (1)"Less Intensity Use District" of
the New Hope City Code as renumbered in Section I above is hereby
amended to read as follows:
(1) Less ~ Intensive Use District. All
permitted accessory uses allowed in an "R-4"
District.
Section 5. Section 4.094 (1)"Less Intensive Use District" of
the New Hope City Code as renumbered in Section 2 above is hereby
amended to read as follows:
(1) Less Intensive Use District. All conditional
uses, subject to the same conditions, as
allowed in an ",. ~ "R-4" District.
Section 6. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 14th day of October , 1991.
/Edw. J.~/ Erickson, Mayor
~alerie Le-o6c~, City Clerk
(Published in the New Hope-Golden Valley Post the 23rd day of
October , 1991.)
POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN/ ss.
T,e Gregory ~acin
~ing duly swo~ ~ o~t~ ~ys that~e is t~u~i~er or aut~riz~ ~ .
agent and employ~ m the publi~er
and has full knowl~ ~ the facts which are stat~ ~1~:
renum~re~ Lin
a~edto~ad (A) The new~aper has compli~ with all ~ the r~uiremen~ constituting qualificati~ as a qualifi~ new~a~r, as
(1) ~ ~ten~i~ !nte~sive ~ ~flrid. provided by M~nne~ta Statue ~1A.02, ~1A.07, and other applicable laws, as amendS.
All* peLrm~{tted a~ces~ry q~s;all~ed in
~ ~ri~' Hope Cgty C~e as (B) The printed.
r~umber~ ~ ~ 2 ,ab~ve- is hereby
t $n&l ~s; s$bie~2te;~*~spme condi-
This. Ordnance
its pa~age and which is a~ached was cut from the columns et said ne~a~r, and was print~ and published once a w~k, for
Dat~ t~ 14th day ~.~0~r;~;1. I Were s day 23rd
_ Successive w~ks; it was first publish~ on , the day of
October
19~ ~ 1 , and was thereafter print~ ,,d published on every
B~ackets in-
to and including the day of ,19.
Ho~-G. Valley. and printed ~low is a copy of the I~er ca~ alpha~t from A to Z,
lng the size and kind of ty~ u~d in the com~sition and publication of the notice:
abcdefghiiklmno~rstu~xyz
General Manager
TITLE:
Acknowledged before me on
24th October ' 9~
this day of .,
RATE INFORMATION
1.70
(1) Lowest classified rate paid by commercial users for eom- S
parable space. (Line)
(2) Maximum rate allowed by law for the above malter. $
(Line)
.62
(3) Rate actually charged for the above matter.
(Line)
ORDINANCE NO. 91-18
AN ORDINANCE AMENDING THE NEW HOPE
ZONING CODE BY REVISING THE
OFF-STREET PARKING REQUIREMENTS
FOR DAY CARE CENTERS
The City Council of the City of New Hope ordains:
Section 1. Section 4.036(10)(j) "Sanitariums, Convalescent
Homes, Rest Homes, Nursing Homes or Day Nurseries" of the New Hope
City Code is hereby amended by deleting Day Nurseries to read as
follows:
(j) Sanitariums, Convalescent Homes, Rest Homes, Nursin~
Homesv,-- ~z~-" Hur;Grlec. Four spaces plus one for each
three beds for which accommodations are offered.
Section 2. Section 4.036(10)(dd) "Other Uses" of the New Hope
City Code is hereby renumbered as §4.036(10)(ee) and a new
§4.036(10)(dd) "Pre-School/Day Care Centers" is added to read as
follows:
(dd) Pre-School/Day Care Centers. One space for each employee
plus one additional space for each four students, as
based on the maximum number of employees and students
allowed by licensed capacity.
Section 3. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 9th day of December , 1991.
/~Edw. ~ErickSon, Mayor
Attest: ~'r ~
Valerie Leon~,/City Clerk
(Published in the New Hope-Golden Valley Post the 18th day of
December , 1991.)
POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
The City Councit
ordains:
Sectien I. Sect;~0n' 4,03.6(10)(j) ~ ~ ~
"Sanitariums. Convalescent~ Homes, Rest
Homes, Nu~si~'H01~as Or Day Nm'series" of STATE OF' MINNESOTA
the ,New H0P',e '~C0d,e' i$ hereby amended COUNTY OF HENNEPIN ss.
by deleting Da, y N~f~riest0 read as follows:
. ~Re~t Home$~ NtsVsir~g 'Homes [O~.. Day
N0'~serigs,] Fo~ ~aces plus one for
*eb~h- ~three ~' bed~ ~r ' which accom-
m0daHons are offered.
Section' 2~ * S~ct~on'~ *~:036(10)_(dd) * "Other-
Us~s' ~f, the New Hope City Code is .hereby
renumb~ce~l_ as ~4.036'(103(ee) and a new
'4.0~6(~!~,~ "P~e-Scho~l~Day Care Cen- Gregory Ptactn
ters'~ ad~t~? read as'f°HPWs: - being duly sworn, on oath says that he is the publisher or authorized
(dd)'=~, PreL~*,cl~l?Day~ (::_'are Centers. One
:space for ,ch'employ, pla,s~O~ne ad- agent and employee of the publisher of the newspaper known as the~T,~.Hop"r~=-u ·
.· ditione] space for each fopr,.st~dents; and hasfull knowledge of thefactswhich arestated below:
as'6a~d ~n tl~ maximU~~ ndmber of
employees and student~ alleWed by (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
licensed capacity. ' provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
Section 3. Effective Date.- This Ordinance
shall be effective upon its passage and
publication. Ordinance No. 91-18
Dated thegth day of Decen~be~, 1~91 (B) The printed·
Edw. J. E-rickson, Mayor ': .r
'Valerie L~eOn~, City-Clerk ; U~ '
(Brackets indicate 'cfeleted, ~naterial, bold
face indicates new matter.)
(Dec. 18,1991)--N, Hope-G. Valley ,
which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
Wednesday 18th
successive weeks; it was first published on , the day of
December 91
19 , and was thereafter printed and published on every
to and including the day of ,19 ,
and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be-
lng the size and kind of type used in the composition and publication of the notice:
abcdefghiiklmnopqrstuwvxyz
BY
General Manager
TITLE:
Acknowledged be~ore me on
this 19thdayof December 19 91
Notary Public ~
RATE INFORMATION
1.70
(1) Lowest classified rate paid by commercial users for cam
parable space.
(2) Maximum rate allowed by law for the above matter. $.
(Line)e 62
(3) Rate actually charged for the abeve matter.
(Line)
ORDINANCE NO. 91-19
AN ORDINANCE TO BE KNOWN AS "APPENDIX H"
GRANTING TO NORTHERN STATES POWER COMPANY
AN ELECTRIC DISTRIBUTION FRANCHISE
The City Council of the City of New Hope ordains:
Section 1. Section 12.01 "General" of the New Hope City Code
is hereby amended to Pead as follows:
12 01 Genera] ,~ ~ ~~~4..A ~A A~ ~4~ ~4~4~4~_
,..~ .... ~A ~A __~.. ~ .... ~4__ 4 .... ~ch the City i
participant 4~ ~ .... ~- ~..~4 .... ~ .... 4~-~ 4-
o~_.4__ ~ °~ in franchise agreements involving the
following services: gas, electrical and cable television.
Section 2. Section 12.20 '"Northern State Power Company" of
the New Hope City Code is hereby amended to read as follows:
12 20 *'~-~-- O~A~A-- ~ ...... ~ ....... Electric Distribution
Franchise ~ ~" ~ ........ ~-~ a franchise for
~ ~ ~ ~ service wq-t-h from the City to
electric 4~ _4 .. 4~_
Northern States Powe CompanyA- --" ~- ..... 74__ ~
_,__~_4__, ....... is in effect per Ordinance No 91-19
identified as Exhibit H of this Code. The text of this
franchise agreement is not included in the distributed
copies of this Code, Appendix H is on file and available
for inspection at the office of the City Clerk.
Section 3. Section 12.21 "Appendix H Definitions" of the New
Hope City Code is hereby added to read as follows:
12.21 Appendix H Definitions.
12.211 "City" means the City of New Hope, County of
Hennepin, State of Minnesota.
12.212 "City Utility System" refers to the facilities used
for providing any public utility service owned or
operated by City or agency thereof, including sewer
and water service.
12.213 "Company" means Northern States Power Company, a
Minnesota corporation, its successors and assigns.
12.214 "Notice" means a writing served by any party or
parties on any other party or parties. Notice to
Company shall be mailed to the Regional General
Manager thereof at 1518 Chestnut Avenue North,
Minneapolis, Minnesota 55403. Notice to City shall
be mailed to the City Clerk at 4401 Xylon Avenue
North, New Hope, Minnesota 55428.
12.215 "Public Grounds" means land owned by the City for
park, open space or similar purpose.
12.216 "Public Ways" means streets, avenues, alleys,
parkways, walkways and other public rights of way
within the City.
Section 4. Section 12.22 "Grant of Franchise" of the New Hope
City Code is hereby added to read as follows:
12.22 Grant of Franchise. City hereby grants Company, for a
period of 20 years from the date hereof, the right to
transmit and furnish electric energy for light, heat,
power and other purposes of public and private use within
and through the limits of City as its boundaries now
exist or as they may be extended in the future. For
these purposes, Company may construct, operate, repair
and maintain electric distribution system and electric
transmission lines, including poles, pole lines, duct
lines, fixtures, and any other necessary appurtenances
in, on, over, under and across the public ways and public
grounds of City. Company may do all reasonable things
necessary or customary to accomplish these purposes,
subject, however, to zoning ordinance, other applicable
provisions of the City Code, and the further provisions
of this franchise.
12.221 Tree Trimming. Company is also granted the
permission and authority to trim all trees and
shrubs in the public ways and public grounds of
City interfering with the proper construction,
operation, repair and maintenance of any poles,
pole lines, and fixtures or appurtenances installed
in pursuance of the authority hereby granted,
provided that Company shall save City harmless from
any liability arising therefrom.
12.222 Services Rates. The service to be provided and the
rates to be charged by Company for electric service
in City are subject to the jurisdiction of the
Public Utilities Commission of this State or its
successor agency.
12.223 Written Acceptance. Company shall, if it accepts
this ordinance and the rights and obligations
hereby granted, file a written acceptance of the
rights hereby granted with the City Clerk within
ninety (90) days after the final passage and any
required publication of this ordinance.
12.224 Publication Expense. The expense of any
publication of this franchise ordinance required by
law shall be paid by Company.
Section 5. Section 12.23 "Restrictions" of the New Hope City
Code is hereby added to read as follows:
12.23 Restrictions.
12.231 Public Ways. Company facilities included in such
electric distribution system, transmission lines
and appurtenances thereto, shall be located and
constructed so as not to interfere with the safety
and convenience of ordinary travel along and over
said public ways. Company's construction,
operation, repair, maintenance and location of such
facilities shall be subject to such regulations as
may be imposed by City pursuant to charter,
ordinance or statute.
12.232 Public Grounds. Company shall not construct any
new installations or expand existing installations
within or upon any public grounds without receiving
the prior written consent of the City Manager.
12.233 Provided Field Locations. Company shall provide
field locations for all of its underground
facilities when requested by City within a
reasonable period of time. The period of time will
be considered reasonable if it compares favorably
with the average time required by the cities in
Hennepin County to locate municipal underground
facilities for Company.
3
Section 6, Section 12.24 "RelocatinR" of the New Hope City
Code is hereby added to read as follows:
12.24 Relocating.
12.241 Public Ways. Whenever City shall grade, regrade or
change the line of any public way, or construct or
reconstruct any City utility system therein and
shall order Company to relocate permanently its
lines, services and other property located in said
public way, Company shall relocate its facilities
at its own expense. City shall give Company
reasonable notice of plans to grade, regrade or
change the line of any public way or to construct
or reconstruct any City utility system therein.
However, if a relocation shall be ordered within
five (5) years from and after a prior relocation
made at Company expense, City shall reimburse
Company for such non-betterment relocation expense
which Company may incur on a time and material
basis; provided, if subsequent relocations are
required because of the extension of City utilities
to previously unserved areas, Company may be
required to relocate at its own expense at any
time.
12.242 Public Grounds. City may require the Company to
relocate or remove its lines, services and other
property from Public Ground upon a finding by City
that the electrical facilities have become or will
become a substantial impairment of the public use
to which the Public Ground is or will be put. The
relocation or removal shall be at the Company's
expense. The provisions of this paragraph apply
only to Company facilities constructed in reliance
on a franchise and the Company does not waive its
prescriptive easement rights.
12.243 Convenience Only. Nothing contained in this
franchise shall require Company to relocate,
remove, replace or reconnect at its own expense its
facilities in public ways where such relocation,
removal, replacement or reconnection is for
convenience and not of necessity in the
construction or reconstruction of a public way,
City utility system or other City improvement.
4
121244 Federally Aided Highway Project. Any relocation,
removal, or rearrangement of any Company facilities
made necessary because of the extension into or
through City of a federally aided highway project
shall be governed by the provisions of Minnesota
Statutes Section 161.46 as supplemented or amended;
and further, it is expressly understood that the
right herein granted to Company is a valuable
property right and City shall not order Company to
remove or relocate its facilities without
compensation when a public way is vacated, improved
or realigned because of a renewal or a
redevelopment plan which is financially subsidized
in whole or in part by the Federal Government or
any agency thereof, unless the reasonable non-
betterment costs of such relocation and the loss
and expense resulting therefrom are first paid to
Company, but the City need not pay those portions
of such for which reimbursement to it is not
available.
12.245 Injury to Company Facilities. Nothing contained
herein shall relieve any person, persons, or
corporations from liability arising out of the
failure to exercise reasonable care to avoid
injuring Company's facilities while performing any
work connected with grading, regrading, or changing
the line of any public way, or with the
construction or reconstruction of any City utility
system.
Section 7. Section 12.23 "Indemnification" of the New Hope
City Code is hereby added to read as follows:
12.25 Indemnification. Company shall indemnify, keep and hold
City free and harmless from any and all liability on
account of injury to persons or damage to property
occasioned by the construction, maintenance, repair or
operation of Company's electric facilities located in,
on, over, under, or across the public ways and public
grounds of City, unless such injury or damage grows out
of the negligence of City, its employees, or agents, or
results from the performance in a proper manner of acts
reasonably deemed hazardous by Company, but such
performance is nevertheless ordered or directed by City
after notice of Company's determination. This
indemnification shall also extend to all liability due to
City negligence in the issuance of permits for, or
inspection of, the Company's plans or work. In the event
a suit shall be brought against City under circumstances
where the above agreement to indemnify applies, Company
at its sole cost and expense shall defend City in such
suit if written notice thereof is promptly given to
Company within a period wherein Company is not prejudiced
by lack of such notice. If Company is required to
indemnify and defend, it will thereafter have control of
such litigation, but Company may not settle such
litigation without the consent of City, which consent
shall not be unreasonably withheld. This section is not,
as to third parties, a wavier of any defense or immunity
otherwise available to City; and Company, in defending
any action on behalf of City shall be entitled to assert
in any action every defense or immunity that City could
assert in its own behalf.
Section 8. Section 12.26 "Vacation of Public Ways" of the New
Hope City Code is hereby added to read as follows:
12.26 Vacation of Public Ways. The City shall give the Company
at least two weeks' prior written notice of a proposed
vacation of a public way. Except where required for a
City improvement project, the vacation of any public way,
after the installation of electric facilities, shall not
operate to deprive Company of its rights to operate and
maintain such electrical facilities, until the reasonable
cost of relocating the same and the loss and expense
resulting from such relocation are first paid to Company.
In no case, however, shall City be liable to the Company
for failure to specifically preserve a right-of-way,
under Minnesota Statutes, Section 160.29.
Section 9. Section 12.27 "Franchise Fee" of the New Hope City
Code is hereby added to read as follows:
12.27 Franchise Fee.
12.271 Separate Ordinance. During the term of the
franchise hereby granted, and in lieu of any permit
or other fees being imposed on the Company, the
City may impose on the Company a franchise fee of
not more than four percent (4%) of the Company's
gross revenues as hereinafter defined. The
franchise fee shall be imposed by a separate
ordinance duly adopted by the City Council, which
ordinance shall not be adopted until at least 30
days after written notice enclosing such proposed
ordinance has been served upon the Company by
certified mail. The fee shall not become effective
until at least 60 days after written notice
enclosing such adopted ordinance has been served
upon the Company by certified mail. No action by
the City to implement a separate ordinance will
commence until this ordinance is effective. No
pre-existing ordinance imposing a fee shall be
effective against the Company unless it is
specifically amended after the effective date of
this section following the procedures of this
Section for the adoption of a new separate
ordinance. A separate ordinance which does not
impose a uniform franchise fee on all revenues
within the definition of gross revenues shall not
be effective against the Company.
12.272 Terms Defined. The term "gross revenues" means all
sums, excluding any surcharge or similar addition
to the Company's charges to customers for the
purpose of reimbursing the Company for the cost
resulting from the franchise fee, received by
Company from the sales of electricity to its retail
customers within the corporate limits of the City.
12.273 Collection of the Fee. The franchise fee shall be
payable not less often than quarterly, and shall be
based on the gross revenues of the Company during
complete billing months during the period for which
payment is to be made. The payment shall be due
the last business day of the month following the
period for which the payment is made. The percent
fee may be changed by ordinance from time to time;
however, each change shall meet the notice
requirements and the percentage may not be changed
more often than annually. Such fee shall not
exceed any amount which the Company may legally
charge to its customers prior to payment to the
City by imposing a surcharge equivalent to such fee
in its rates for electric service. The Company may
pay the subsequent reductions to account for
uncollectible or customer refunds. The time and
manner of collecting the franchise fee is subject
to approval of the Public Utilities Commission,
which the Company agrees to make its gross revenues
records available for inspection by the City at
reasonable times.
12.274 Conditions on the Fee. The separate ordinance
imposing the fee shall not be effective against the
Company unless it lawfully imposes and the City
quarterly or more often collects a fee or tax of
the same or greater percentage on the receipts from
sales of energy within the City by any other energy
supplier, provided that, to such supplier, the City
has the authority to require a franchise fee or to
impose a tax. The franchise fee or tax shall be
applicable to energy sales for any energy use
related to heating, cooling, or lighting, as well
as to the supply of energy needed to run machinery
and appliances on premises located within or
adjacent to the City, but shall not apply to energy
sales for the purpose of providing fuel for
vehicles. If the Company specifically consents in
writing to a franchise or separate ordinance
collecting or failing to collect a fee from another
energy supplier in contravention of this Section,
the foregoing conditions will be waived to the
extent of such written consent.
Section 10. Section 12.28 "Underground Projects" of the New
Hope City Code is hereby added to read as follows:
12.28 Underground Projects. The construction of special
facilities or underground projects from time to time as
requested by City will be coordinated and agreed upon by
the City Manager or his designated agents. Company will
be reimbursed City's cost of said projects by City upon
completion. The Company will reimburse City through the
implementation of a special surcharge to be imposed upon
Company's customers over a period of time as directed by
the City Council and agreed upon by Company for each
project undertaken. The surcharge will also include
payment to Company of administrative expenses incurred in
developing and implementing said surcharge.
Section 11. Section 12.29 "Provisions of Ordinance" of the
New Hope City Code is hereby added to read as follows:
8
12.29 Provisions of Ordinance.
12.291 Separability. Every section, provision, or part of
this ordinance is declared separate from every
other section, provision or part; and if any
section, provision or part shall be held invalid,
it shall not affect any other section, provision or
part.
12.292 Default. If either party (City or Company) asserts
that the other party is in default in performance
of any obligation hereunder, the complaining party
shall notify the other party of the default and the
desired remedy. The notification shall be written.
If the dispute is not resolved within 30 days of
the written notice, either party may commence an
action in District Court to interpret and enforce
this franchise or for such other relief as may be
permitted by law or equity for breach of contract,
or either party may take any other action permitted
by law.
12.293 Third Party Benefit. This ordinance constitutes a
franchise agreement between the City and the
Company as the only parties and no provision of
this franchise shall in any way inure to the
benefit of any third party (including the public at
large) so as to constitute any such person as a
third party beneficiary of the agreement or of any
one or more of the terms hereof, or otherwise give
rise to any cause of action in any person not a
party hereto.
Section 12. Section 12.10 "Gas Franchise" of the New Hope
City Code is hereby amended to read as follows:
12.10 Gas Franchise. A franchise to the Minneapolis Gas
Company was passed by the Council as Chapter 85,
Ordinance 62-12, on November 27, 1962, published in the
official newspaper on January 17, 1963, and accepted by
the Hinneapolis Gas Company on February 8, 1964. This
franchise expired by its terms on January 1, 1983 but was
renewed by Ordinance No. 84-9. Reference to the gas
franchise was formerly in Chapter 13 of the Code and the
franchise itself was formerly Appendix D of the Code of
January 1, 1966 and December 31, 1972. The current
franchise is Appendix G but it is not included in the
distributed copies of this Code. but Appendix G is on
file and available for inspection at the office of the
City Clerk.
Section 13. Effective Date· This Ordinance shall be
effective upon its passage and publication.
Dated the 9th day of December , 1991.
//Edw. ~2/ E'rickson, Mayor
Attest: ~ ~2~
Valerie Leone, Cqty Clerk
(Published in the New Hope-Golden Valley Post the 18th day of
December , 1991·)
10
POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
}
o~ HENNEPIN ss.
cable t(
Powe~
is her~
~2~2~
E~., Gregory Ptactn
has being duly sworn, on oath says that he is the publisher or authorized
[dist~
.or*l~ agent and employee of the publisher of the newspaper known as the '~ '
othe~ ' and has full knowledge of the facts which are stated below:
of thi.
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
ment provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
this
~ Ordinance No. 91-19
(B) The printed
or mmun ty that ~City Could
ne~
12.! assert 0 its own behalf.
fa~ Section 8. section 12,26 "Vacation of Public
.. Ways" of the New Hope City Code i~'her~by
n~y~ addedtoreadast~oliows: ... . which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
ag~ ;12.26 ~acatien of-~P-ublic. Ways;, Yhe' cty
.ser Shall. give ~ C0mpbny at/least two'~weeks' I Wednesday 18th
12 ! ~orlor written ~nofice Of a proposed Vacat{~in of successive weeks; it was first published on , the___day of
.P.o~ ! (linance" of the New~Hooe C tv C~d~ i~' k ~I
,tsJ ! addedtoreadasfollows:' , ' ....... erery L December 91
12,; 12129 Provisions~of ordinance ~ I 19 and was thereafter printed and published on every
b'Yr !: . 12.291 Seperebi ity.. Every ~'ecfion',prov~'-II!' '
o : . s~pn, ~or part of th~s ordhqance is declared
~h~ ~ :~:na.rate from every afhei" section, priori- [i
~fi ~,_~_.'or~p.a.r.,t; .and if any section, provision ~- ~ to and including the day of 19 ,
~i!~ ~.,r0:~ea.L oe held invalid; it shall not affect r and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be-
~ Y r~section, provision orPart. · 1[ lng the size and kind of type used in the compasition and publication of the notice:
~ 12.292 ~Defau t. f e~h, er part (City or I
. 55~! Company~ asserts that the o~her party is n abcdefghijklmnopqrstuvwxyz
12.r defaull ~ performance of,,any obiigation L~
ed hpreunde~, the complaining party ~hal
I~ 'hotify thET~ofher ~$~_~f the dbfault and the
tJ desired remedy:: The k'0[ificat on she be
a' written. If thedispufe .is no/respl~ed w~hin
c BY:
ad11 .such other relief as may be permitted by
' ' ~ law or equity for brea~:h of contract, or el- I
gin ther party may take any Other action per-
the miffed by law. TITLE:
nis 12.293 Third Party. Benefit. This 'ordi-
att'
hence constitutes ~ franchise agreement AcknowJedged before me on
wi~ between the City end the Company as the
bo
onty parties and no .provision of this fran- ~ 9th December 91
te~ chise shall in any way inure ?o the-benefit of
CctV! &ny third party (inc uding the public-at this day of 19
m~ I.arge) se as to constitute ~r~y such Person as
eh_ a third party beneficiary of the agreement ' ii~ /
P~ j Or of any one or more Of the terms hereof, (~-~-J~_.4~1~_,~
ne or otherwise give tis& to any cause of action
an in any person not a Party hereto. Notary Public
gr ~ Section 12~ Section 12.1~(~,GasFrail~hise,, of
c~ab readthe NeWas followsH°pe City: Code is h~reb~ amended to ' . ·
ZC . 12.10 Gas 'Franchise. A 'franchise to the
(~t~r,, MinneapeHs Gas COmpany was passed by the
ttll Council as Chal~ter 85, Ordinance 62-12, on '~ L,, -~
J! No~ember 27, 1962, published in the official ..... '
~i newspaper on'January 17, 1963, and accepted
'1' by the ARinneapoti~ Gas Compan~ on 'Pebru-
,J': -ary 8, 1964. This franchise, expired by its
terms o~ January '1, 1983 but was renewed by
' Ordinance No 84 0. Reference to the gas RATE INFORMATION
~ franchise Was formerly, in 'Chapter 13 of the ~ ~ ~70
- Code and the franchise itself Was~[ormerly ~ (1) Lowestclassifiedratepaidbycommercialusersforcom- $
~ ' Append X D of/he Code of ~J ant~a~y 1~ 1966 and parable space. (Line)
J December; 31, 1972.. The cur~'eM franchise is
~ Appendix H but it s not inc uded in the distri-
' buted copies of this Co~de [but] A ndiX' ' (2) Maximum rate allowed by law for the above matter. $
· o°~fitch~ee of the file andcityavailableclerk, for:insp~ct~on, atHth~ . (Line) · 62
section 13..Effective Date. This Ordinance (3) Rate actually charged for the above matter. $
-shall be effective upon ts passage and (Line)
lication.
ORDINANCE NO, 91- 20
AN ORDINANCE AMENDING SECTION 4.26,
EXTENT OF R-2 SINGLE AND TWO FAMILY RESIDENTIAL
DISTRICT (RELATING TO PLUFKA FIRST ADDITION)
The City Council of the City of New Hope ordains:
Section 1. Section 4.26 (18) "Extent of R-2 Single and Two
Family Residential District" of the New Hope City Code is hereby
amended to read as follows:
4 26 (18) Outlot A, ~-~--"'- ~A.~.__ "~ll; "-" *""~tlon Plufka
First Addition.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication,
Dated the 12th day of November , 1991.
/d~dw. J. ~ckson, Mayor
Attest: ~_~~
Valerie Leone, ' City Clerk
(Published in the New Hope-Golden Valley Post the 20th day of
November , 1991.)
POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
Hooe
f w2 STATE OF MINNESOTA
COUNTY OF HENNEPIN / ss.
Hills
shalt This Ordinance
passage and
Nove~hber~ 1991.
Attest:/s/V~l~i~:~ne ,
vai&r]~Le~ne.c. . · ,,v~-,erK Gregory Ptacin
(Boldface md~cates new matter. Brackets , being duly sworn, on oath says that he is thepublisher or authorized
[] indicates deleted matter.) agent and employee of the publisher Of the newspaper known as the N. Hop e-G, Va ll ey St~- ?o s'
(Nov: 20, ]991) -- N. Hope-G.Valley and has full knowledge of the facts which are stated below:
(A) The new~oaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
provided by ,Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
Ordinance No. 91-20
(B) The printed
which is attached was cut from the columns Of said newspaper, and was printed and published once a week, for
1 Wednesday 20th
successive weeks; it was first published on , the day of
November 91
19 , and was thereafter printed and published on every
to and including the day of 19~
and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be-
lng the size and kind of type used in the composition and publication of the notice:
abcdefghiiklmnopqrstuvwxyz
General Manager
TITLE:
Acknowledged before me on
21 st November 91
this__ day of ,19
:::' >; COUNTy
RATE INFORMATION
(1) Lowest classified rate paid by commercial users for com- $. 1 · 70
parable space. (Line)
(2) Maximum rate allowed by law for the above matter.
(Line) ·62
(3) Rate actually charged for the above maUer. $.
(Line)
ORDINANCE NO. 91-21
AN ORDINANCE AMEND/NG THE HOURS
OF OPERATION REGULATION FOR "ON-SALE"
SUNDAY LIQUOR SALES
The City Council of the City of New Hope ordains:
Section 1. Section 10.542(1)(c) "Sunday" of the New Hope City
Code is hereby amended to read as follows:
(c) Sunday. No sales after 1:00 a.m., except
establishments having a "Special License for
Sunday Liquor Sales" may sell between the
hours of ~£:00 ncon 10:00 a.m. and 12:00
midnight.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 9th day of December , 1991.
//'Ed-w: -~¢~r-ickson, Mayor
Attest: ~~~ ~'~~,
V-a~r~e Leo~e~ City Clerk
(Published in the New Hope-Golden Valley Post the 18th day of
December , 1991.)
POST PUBLICATIONS
AFFIDAVIT OF PUBLICATION
ordains:
Section h
a. m., except
.I License STATE OF MINNESOTA
sen be- COUNTY OF HENNEPIN/ ss.
10:00
1991-.
' - V:~f~(i~-:i~e~6~ify Clerk Grego~1~ ~ac '~n , being duly sworn, on oath says that he is the publisher or authorized
(B~rackef~ ~ndic~te'ideeted material, bold
face indicates new matter.) agent and employee of the publisher of the newspaper known as the
(Dec. ~8, ]991)--N. Hope-G. Valley and has full knowledge of the facts which are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
~Lnance No. 91-21
(B) The printed
which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
I Wednesday 18th
successive weeks; it was first published on , the day of
December ,19~'j-- ,and was thereafter printed and published on every
to and including the day of 19~
and printed below is a copy of the lower case alphabet from A to Z, beth inclusive, which is hereby acknowledged as be-
lng the size and kind of type used in the composition and publication of the notice:
abcdefghijklmnoPqrstuvwxyz
BY:
TITLE: General Manager
Acknowledged before me on
19th December 91
this__ day of ,19___
RATE INFORMATION
(1) Lowestclassifiedratepaidbycommercialusorsforcom- $ I eT0
parable space. (Line)
(2) Maximum rate allowed by law for the above matter. $
(Line)e 62
(3) Rate actually charged for the above matter. $
(Line)
ORDINANCE NO, 91-22
AN ORDINANCE AMENDING SECTION 1.552
OF THE NEW HOPE CODE
BY EXTENDING THE MORATORIUM ON ADULT
ENTERTAINMENT USES OR ESTABLISHMENTS
WITHIN THE CITY OF NEW HOPE
The City Council of the City of New Hope ordains:
Section 1. Section 1.552 "Term of Suspension" of the New Hope
City Code is hereby amended to read as follows:
1.552 Term of Suspension. Pursuant to the authority of Minn.
Stat. §462.355(4) a total prohibition is hereby imposed
on the location of any Adult Entertainment Use or
establishment as defined in §1.551 of this Code anywhere
within the New Hope City limits. Said prohibition shall
be effective through ~ August 25, 1992. Any
application for issuance of building or occupancy permits
under Chapter 3 of this Code, text changes, variances,
conditional use permits and rezoning requests under
Chapter 4 of this Code and subdivision requests under
Chapter 13 of this Code for any new use, construction,
development or subdivision of property for Adult
Entertainment Uses or establishments as herein defined
shall be denied until such time as this section is
repealed or is no longer effective by law.
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 23rd day of December , 1991.
//Edw. J~/. ~ricks-on, Mayor
Attest: ~
Valerie Leone, City Clerk
(Published in the New Hope-Golden Valley Post the 1st day of
January , 1992.)
City of New Hope
(Official Publication)
ORDINANCE NO. 91-22
Minnesota Sun Publications
SECTION 1.~52 OF THE NEW HOPE CODE
AFFIDAVIT OF PUBLICATION RY EXTENDIN
ON ADULT ENTERTAINMENT
USES OR ESTABLISHMENTS
I WITHIN THE CITY OF NEW HOPE
The City Counci)~ of the City of New Hope
ordains: '
o lATE OF MIN ESOTA) Section 1. Section 1.552 "Term of Suspension''
of the New Hope City Code is hereby amended
I to read as follows:
I '~'~- 1.552 Term of Suspension. Pursuant to the
H;'NNEPIN~~- I authority of Minn. Stat. ~462.3~5~4) a total
COUNTY
OF
, prohibition is hereby imposed on the loca-
tion of any Adult Entertainment Use or
establishment as defined in §1.551 of this
G tie ~ o r y P t a c i n being duly swom on an oath says that he/she is Code anywhere within the New Hope City
' limits. Said prohibition shall be effective
through li~l~,ary August 25, 1992. Any
plication for issuance of building or
the publisher or authorized agent and employee of the publisher of the newspaper known as cupancy permits under Chapter 3 of this
Code, text changes, variances, conditional
use permits and rezoning requests under
Chapter 4 of this Code and subdivision re-
N e w H o p e S u n - P o s t , and has full knowledge of the facts which am quests under Chapter 13 ~1' ~ Code for
any new use, construction, development or
subdivision of property for Adult Entertain-
stated b~[ow, ment uses or establishments as heroin
defined shall be denied until such time as
this section is repealed or is no longer ef-
£ective by law.
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, Section 2. Effective Date. This Ordinance shall
be effective upon its passage and publication.
Dated this 23rd day of December,
as provided by Minnesota Statute 331AJ)2, 331A.07, and other applicable laws, as amended, at.t: //<
VAL~:m~ ~o~
(B) The printed Ordinance No. 9:1.-22 oty¢]e~-k
(Jan. 1, 1992)-N. HOPE)~''/
which is attached was cut from the columns of said newspaper, and was printed and published once each week,
for o n e successive weeks; it was first published on W e d n e 5 d a y , the I day
J a n u a r y, 19 9 2 , and was thereafter printed and published on every . to
and including ., the day of ,19 ; and pdnted below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size
an~l kind of type used in the composition and publication of the notice~/~
abedefghijklmn°pqrstuvwxyz
TITLE: C~ene ra I ManaEe r
Acknowledged before me on this
23 dayof January/ , 19 92 .
i~,~ HENI~P~N ODUNTY
RATI:: INFORMATION
0) Low~st classified rote paid by commercial users $ 1.30 per line
for comparable space (Line, word, or inch rate)
(2) Maximum rote allowed Oy law for tho aOove matter $ 959* per line
(Line, word, or inch rate)
(3) Rate actually charged for the above matter $ 67* per line
(Line, word, or inch rate)
ORDINANCE NO. 91-23
AN ORDINANCE ANENDZNG THE SANITARY
SEWER SERVICE AVAZLABILITY
CHARGE (SAC)
The City Council of the City of New Hope ordains:
Section 1. Section 14.507 (2) "Amount of Char~es" of the New
Hope City Code is hereby amended to read as follows:
(2) Amount of Charges. The charge for each building or
structure shall be equal to the number of units of sewage
volume which it will discharge, multiplied by ~
$700.00. A unit of sewage volume shall be 100,000
gallons per year and shall be assigned as follows:
Section 2. Effective Date. This Ordinance shall be effective
upon its passage and publication.
Dated the 23rd day of December , 1991.
//~-d~ J~/E~rickson, Mayor
Attest: V~ler-ie Lo,ne~, City Clerk
(Published in the New Hope-Golden Valley Post the 1st day of
January , 199~.)
City of New Hope
(Official Publication )
ORDINANCE NO. 91-23
Minnesota Sun Publications
THE SANITARY SEWER SERVICE ·
AFFIDAVIT OF PUBLICATION SAC,.
The City Council of the City of New Hope
ordains: ....
Section L Section 14.567 (2)~i~n'O~nt of
Charges" of the New Hope City Code is hereby
STATE OF MINNESOTA) amended to read as foUows:
(2) Amount of Charges. The charge for each
building or structure shall be equal to the
SS. number of units of sewag~ volume which it
will discharge, multiplied by~se~e $~0e.0o.
COUNTY OF HENNEPIN) A unit of sewage voltune shall be 100,000
ga[ions per year and shah be assigned as
fo[lows:
I~ r E g o r Y P t: a c i n being duly swom on an oath says that he/she is sec.o. 2. Effect/ye Date. This (h-dinunce sha[i
' be effective upon its passage and publication,
Dated the 23rd day of December, 1991.
EDW. J. ERICKSON
the publisher or authorized agent and employee of the publisher of the newspaper known as ~ayor
ATTEST:
VALERIE LEONE
N e w H o p e S u n - P o 5 t; , and has full knowledge of the facts which am City Clerk
(Jan. 1, 1992)-N. HOPE~G. VALLEY
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,
as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed 0rdlnance No. 91-23
which is attached was cut from the columns of said newspaper, and was printed and published once each week,
for o n e successive weeks; it was first published on W e d n e $ d a y ., the I day
J a n u a r Y, 19 9 2 , and was thereafter printed and published on every to
and including , the day of ,19.__; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size
and publication of the notice:
and kind of typo used in the composition
abcdefghijklmnopqrstuvwxy z ~ :~
TITLE: Oerle ra I Manage r
Acknowledged before me on this
23 da~ of January/ ,19 92
~ ~TARY PUBMC~M~NE~OTA
~ HEHNEPlN ~OtJNTY
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 1.30 per line
for comparable space (Line, word, or inch rate)
(2) Maximum rate allowed by law for the above matter $ 95.9* ;)er line
(Line, word, or inch rate)
(3) Rate actually charged for the above matter $ 67* per line
(Line, word, or inch rate)