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1990 ORD ORDINANCE NO. 90-1 AN ORDINANCE AMENDING THE NEW HOPE LIQUOR CODE BY ELIMINATING BOND REQUIREMENTS FOR LIQUOR LICENSES The City Council of the City of New Hope ordains: Section 1. Section 10.57 "Bond" of the New Hope City Code is hereby amended to read as follows: 10.57 Be~ Insurance. Section 2. Section 10.571 "Bonds or Deposit Required" of the New Hope Code is hereby repealed in its entirety. Section 3. Section 10.572 "Approval of Bond or Insurance" of the New Hope Code is hereby renumbered 10.571 and is amended to read as follows: 10.571 Approval of Be~-e~ Insurance. The s~et~ be~s ~ insurance policies required by Subsections ~0~ a~ 10.573 shall be subject to the approval of the City Council and City Attorney. Section 4. Section 10.573 "Procedure Where Cash or Government Bonds are Used" of the New Hope Code is hereby repealed in its entirety. Section 5. Section 10.574 "Surety or Insurance Companies" of the New Hope Code is hereby renumbered 10.572 and is amended to read as follows: 10.572 S~ety ~ Insurance Companies. The s~ety tM s~eh b~? ~ the insurer on such liability insurance policy, shall be a__qn a s~et~ esmpa~ ~ insurance company as the east ma~ be? duly licensed to do business in the State of Minnesota, and the be~ a~ liability insurance policy shall be approved as to form and execution by the City Attorney. All s~e~ be~s ~ approved liability insurance policies? whe~ a~e~ b~ the p~e~ ~ ~ S~a%e ~ee~s? shall be deposited with the City Clerk. Section 6. Sections 10.576 through 10.579 of the New Hope Code are hereby repealed in their entirety. Section 7. Section 10.575 "Amount and Terms of Insurance" of the New Hope Code is hereby renumbered 10.573. Section 8. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 22nd day of Sanuary , 1990. Mayor Attest: ,~ff£/~ j ~ City ~C~erk (Published in the New Hope-Golden Valley Post on the 3]$t day of January , 1990.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN as~ : d orl Im ~;.[a!ter D. Roach in- being duly sworn, on oath s~ys that he isthe publisher or authorized PostNews 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 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. Ord±nanoe No. 90-1 New (B) The printed : 10~7.2~,[S~ur~ety or] ~ Insura"~c,e,~Com- ~the] . ~s~r,r,,,[~, ~SUCh[ ~ Jia~i~' sur~c~~ ~ic~, ~ ~1;'~ ~, Ia s~ety Co~bn~'~r] [n~fan~pan~Y~Eas~ which is aHached was cut from the columns of ~id new~a~r, and was print~ and published once a w~k, for r th~ case..~ay ~,] ~Jy:l]cen~d ~o do ~ , a~a' ~h~ m~a; a~d] ~.n~iJ;it~ ;in- , suraa~e ~licy [~al ~ a~p¢~ a~ to succe~ive w~ks~ it was first publish~ on the day of form and execute',, by ~'~:~N~ At-' January ,1~ 90 , and was therea~er print~ and published on every ~wi~h:~e~ity ~k; ~ to and including the day ~ 1~.-- .~, ~e~ien ~. Sections ]0.57~ through and priof~ ~1~ is a c~y of the I~er ca~ alpha~t from A ~o Z~ ~th inclusive, which is hereby ackn~ledged as ~- '10.5~ of the New H~ C~e are ing the size and kind of ty~ u~d in the com~sition and publication of the notice: '~ ~¢tio~t0;~ "A~e~at abcdefghiiklmno~rstu~xyz ~ ~ .... · ;' BY: ~: /s/Edw. J,Eri~ks~ - /s/Valerie~Eeone~ ~ ~ ~~ TITLE: Acknowledged before me on 1 st February 90 this day 0f 19. RATE INFORMATION 1.70 (1) Lowest classified ratepaid by commercial users forcom- $. parable space. (Line) (2) Maxi mum rate al lowed by law for the above matter. (Line) .50 (3) Rate actually charged for the above matter. $. (Line) ORDINANCE NO. 90-2 AN ORDINANCE AMENDING THE NEW HOPE CODE BY ESTABLISHING A FEE FOR REVIEW OF SITE AND BUILDING PLANS AND A FEE FOR REVIEW OF COMPREHENSIVE SIGN PLANS The City Council of the City of New Hope ordains: Section 1. Section 4.039A Site and Building Plan Review" of the New Hope City Code is hereby amended by adding subsection (6) "Fee" to read as follows: (6) Fee. The fee for site and building plan reviews shall be as prescribed b_~ section 4.36 and Chapter 14 of this Code. Section 2. Section 4.362 "Basic Zoning Fee" of the New Hope Code is hereby amended to read as follows: 4.362 Basic Zoning Fee. Each applicant shall pay a non- refundable Basic Zoning Fee at the time an application is presented to the City for a zoning change of any nature, site and building plan review, a conditional use, or a variance. This fee is intended to reimburse the City for its normal Indirect Costs in similar, uncomplicated matters. If this fee proves to be insufficient to cover such Indirect Costs, such additional Indirect Costs will be charged as a part of the Zoning Deposit, or the Supplemental Zoning Deposit. Section 3. Section 14.041 "Zoning Permit Fees" of the New Hope Code is hereby amended by adding subsection (g) to read as follows: (g) Site and Building Plan Review. $150.00 Section 4. Section 3.467 "Signs Accessory To Multiple Occupancy Business and Industrial Uses Including Shopping Centers" of the New Hope Code is hereby amended by adding subsection (5) to read as follows: 1 (5) Fee, Comprehensive Sign Plan Review. When a comprehensive sign plan review is required by this section the applicant shall pay a review fee in addition to a permit fee as set forth in Chapter 14 of this Code. Section 5. Section 14.027 "Sign Permit Fees" of the New Hope Code is hereby amended to read as follows: 14.027 §ign Permit and Review Fee. Fee amounts for the sign permits and comprehensive sign plan reviews required by Subsections 3.116, and 3.467(5) are as follows: (1) Permanent Permit. 30.00 (2) Temporary Permit. 25.00 (3) Comprehensive Sign Plan Review. 40.00 Section 6. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the ]2th day of February , 1990. City (Published in the New Hope-Golden Valley Post on the 2]$t day of February , 1990.) 2 POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN / ss. ~ ~. ~v v-- being duly sworn, on oath says that he is the publisher or authorized PostNews Costs~ ~in~ (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. ©rd±nance No. 90-2 (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once a week, for cessorY ~ I Wednesday 21 st Code is addling . __ successive weeks; it was first published on the day of 9o Februar~v~ 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 ,] BY: ~,,,~ General Manager TITLE: nance shall be effective upon its pas- segeandrp~ll~J~c~lfiOlt- ' ' ~'- : ' Acknowledged before me on ,,~.~'~Dated~' , the'· ~2th. day, of P.,ebr~uary,~ '~' * ~, ~,:' 22nd February 90 (IRay.or/ ~. , : . ,,? this day of 19. City Clerk ~ ~ .... . [I brackets, indicate fflafter ,o be 21.st d~y of F~eb~uary 1990) RATE INFORMATION t. 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) (3) Rate actually charged for the above matter. S. . ~ LJ (Line) ORDINANCE NO. 90-3 AN ORDINANCE AMENDING SECTION 3.371 OF THE NEW HOPE BUILDING MAINTENANCE CODE BY REQUIRING INSPECTIONS AFTER ANY CONVEYANCE OF PROPERTY The City Council of the City of New Hope ordains: Section 1. Section 3.371 "Administration and Enforcement" of the New Hope City Code is hereby amended to read as follows: 3.371 Administration and Enforcement. The Director of Fire and Safety and/or the Director's designated agents shall administer and enforce the provisions of this Dwelling Code and are hereby authorized to cause inspections on commercial and rental dwelling units on all classes of property within the City on a scheduled basis, and on all residential units on all classes of property at the point of any conveyance of the unit whether voluntary or involuntary sa~e or when reason exists to believe that a violation of the Dwelling Code has been, or is being committed. Section 2. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the ]4th day of Ma3 , 1990. Mayor Attest: ~/~~. ~ Cit~ Clerk (Published in the New Hope-Golden Valley Post on the 23rd day of May , 1990. ) - POST PUBLICATIONS - ' AFFIDAVIT OF PUBLICATION I of the City of New Jori 3.371 "Ad- / ~f the STATE OF MINNESOTA Code is hereby SS. s fo.ows: COUNTY OF HENNEPIN Enforcement. Fire and Safety [his] desig- aod " ~ this Dwell- , authorized _ dwelling units on all within the City Walter D, ROaCh and on all res- , being duly sworn, on oath says that he is the publisher or authorized classes of prol~ PostNews of any cenveyance agent and employee of the publisher of the newspaper known as the in- and has full knowledge of the facts which are stated below: [sate] or when reason that a violation of (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as has been, or is provided by Minnesota Statue 331A.02, 33iA.07, afld ether applicable laws, asarnended. Date. The ordi- s effective upon its pas- Ordinance NO. 90-3 (B) The printed ~ Of May, 1990. I be which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 23rd day of May, ~1 Wednesday 23rd successive weeks; it was first published on , the day of .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: abcdefghiiklmnopqrstuvwxyz BY: General Manager TITLE: Acknowledged before me on ,h,s 24thdayof Ma~. 19 90 Notary Public ff. RATE INFORMATION 1.70 (1) Lowest classified rate paid by commercial users for com- S. parable space. (Line) (2) Maximum rate allowed by law for the above matter. S. (Line) (3) Rate actually charged for the above matter. $. · (Line) ORDINANCE NO. 90- 4 AN ORDINANCE AMENDING SECTION 2.111 OF THE NEW HOPE CITY CODE REGARDING MAYOR AND COUNCILMEMBER SALARIES The City Council of the City of New Hope ordains: Section 1. Section 2.111 "Mayor and Councilmembers Salaries" of the New Hope City Code is hereby amended to read as follows: 2.111 Mayor and Councilmembers Salaries. The salary of the Mayor is hereby established at $~85~4 $310.68 per two week pay period and the salary of each Councilmember at $~8~6~ $219.86 per two week pay period (effective January 2, ~989 1991). Section 2. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the ]3th day of August , 1990. Mayor Attest: ~~~~. ~~ City Cl~rk (Published in the New Hope-Golden Valley Post on the 22nd day of August , 1990.) ORDINANCE NO. AN ORDINANCE MENDING SECTION 2.111 OF THE NEW HOPE CITY CQDE REGARDING MAYOR ANDCOUNCILMEMBERSALARIES- POST PUBLICATIONS Tl~e City Council of the City of New .--.-...: AFFIDAVIT OF PUBLICATION Section I. Section 2.111' ,,Miyo~ Bncl. Councilmembers S~laries" of tl~e New Ho~e City Code is hereby amended to re~ os follows: 2.111 M~yor lad Councilmembers S~larles. The salary of the Mayor is hereby establishecl at [S2~6.34] STATE OF MINNESOTA s3i0.il per two week pay period SS. and the salary of each Council- COUNTY OF HENNEPIN member at [S202.64] s21~.M per two week I)ay period (effective January 2, [1989] 1ffl). Sector1 2. Effective DIte. T~e'erdl-. · hence shell be effective ulx~ its pas- sage and publication. Doted the 13rtl day of August, 1990. ~-er Walter D. Roach Attest: - , being duly sworn, oq,~t h s~y%t, hat he is the publisher or authorized ~'O City Clerk agent and employee of the publist~er of the newsDaber known as the BMd~icI indicates new matter: and has fuji knowledge of the facts which are stated below: Brackets [ ] indicates matter to be deleted. (A) The newsf~opor has complied with all of the requirements constituting qualification es a qualified nowsoaber, es (Publj~d PostNew~ August~ 22, provided by Minnesota Statue 331A.02, 331A.07, and other al~liceble laws, as amended. 1990) .......... 0rdinance No. 90-Z~ (B) The printed which is attached was cut from the columns of seid flowsf~per, and was printed end Oublished once a week, for I Wednesday 22nd __ successive weeks; it was first publisl~ed on the day of AUEU ~ ~ 19f'~'"~U , and was thereafter printed and published on every to and including the day of 19 , and printed below is & cogy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- lng the size and kind of tybe used in the comgosition and I~ublication of the notice: abcdefghijklmnopqrstuvwxyz 8¥: General Manager TITLE: Acknowledged before me on 23rd August 90 this day of 19.__ RATE INFORMATION 1.70 (1) Lowest classified rate oaid by commercial users for com- S. parable space. (Line) (2) Maximum rate atlowed by law for the above matter. $. (Line)· 50 (3) Rate actually charged for the above matter. S. (Line) ORDINANCE NO. 90- 5 AN ORDINANCE AMENDING SECTIONS 5.049 (7) AND 14.510 (6) OF THE NEW HOPE CODE INVOLVING WATER BILLS The City Council of the City of New Hope ordains: Section 1. Section 5.049 (7) "Accounts In the Name of Property Owner" of the New Hope City Code is hereby amended to read as follows: 5.049 (7) Accounts In the Name of Property Owner. All accounts shall be carried in the name of the owner, who personally, or by his authorized agent, shall apply for water service. ~e~e~e~ ~ the p~em~ses whe%he~ ~ ~% he, she ~ee~p~es the p~em~ses~ Unless the City is furnished with evidence of ownership satisfactory to it which establishes that a person or entity, other than the taxpayer shown on the official rolls, is the legal or equitable owner, the taxpayer of record shall be deemed the owner for purposes of billing hereunder. ~e ~eeme~ a~ ~w~e~ The owner may designate in writing a billing address. A lessee shall not be deemed an owner, but billings for water supplied to all users other than residential users of all classifications may be billed to the tenant. The legal and equitable owners of a property shall at all times be responsible for payment of water delivered to the premises, whether or not he/she occupies the premises, it being the stated intention of this section to insure the financial costs of supplying water service are borne by the premises using it. Section 2. Section 14.510 (6) "Payment" of the New Hope City Code is hereby amended to read as follows: 14.510 (6) Payment. All bills shall be due and payable when rendered. If payment is not made on or before the last City working day of each month, next succeeding the mailing of the bill, a penalty of 5 per cent or $.50, whichever is greater, shall be added to the bill. Water bills shall be considered to be in default on the first day of the month next succeeding the date the above penalty attaches. When a charge is more than 45 days past due, civil action may be started on behalf of the City for said water service bill, and if such charge is not paid within 60 days after due, the unpaid charge plus penalty may be certified to the County Auditor with the taxes against such property and shall be collected with other taxes on such property. Section 3. Effective Date. The ordinance shall be effective upon its passage and publication, and shall apply retroactively to all premises and to all unpaid water bills in the City. Dated the 13th day of August · 1990. / ~y6r Attest: ~/~~ ~"~ ~ City C l/or k (Published in the New Hope-Golden Valley Post on the 22nd day of August , 1990.) POST PUBLICATIONS AN OROIAN(E AFIKNDING . AFFIDAVIT OF PUBLICATION T~ CJ~ C~Jl ~ ~ C~Yy ~ New ~" ~ the New H~ City C~ is ~er~Y amend~ ~ re~ as ~11~: STATE OF MINNE~TA s.~(7) A~u~ m ~ .N,m d COUNTY OF HENNEPIN ss. ~ cn~l~ in the ne~e ~ ~ ~ner, [Said ~n~ shsJl ~t 8il times ~ r~sJble f~ paymem ~r wat~ ~JJv~ to t~ ~emi~ w~ether or not he/she occcuoles the ~emi~.] Unless t~ City ts f~r- ~tisf~Y to it ~lch ~abli~ , ~ing duly sw~n~ ~t~ that ~ is the publish~ ~ auth~iz~ that a ~ ~ ~ity, ~r than ~o~e~ t~ ta~y~ ~n ~ t~ ~lclal a~nt and empioy~ ~ t~ publi~er ~ t~ n~a~r kn~n as the rolls, is t~ I~al ~ ~It~le and has full knowl~t~ factswhich are stat~ ~1~: ~ ~ ~ ~ ~ ~ (A) The n~ap~ has com~li~ with all ~ the r~uirem~ts c~stituting ~ualificati~ as a qualifi~ ~w~a~r, as ~ bllii~ ~- iA ~ ~11 provi~ by Minne~ta Statue ~1A.02, ~1A.07, and oth~ a~licable la~, as amendS. ~ ~ ~ ~'~ (a) Theprint~ ~~~.~~M which is a.ached was cut from t~ columns of ~id ne~a~r, a~ was ~int~ and pubii~ed ~cea w~k, 22=~ ~ ~ ~ ~1~ ~ ~successive w~ks; it was first publish~ 90 W 2. ~ 14510 (6) "F~- ,19.~ and was th~eaher print~ and publi~ ~ every ~M t~ NW HM City C~ iS 145~ (~ FIy~. All bills ail ~ to end including the day M ., 19 , d~ a~ payola w~ re~. ff end print~ ~1~ is e c~y ~ the I~er ce~ alpha~t from A ~ym~t is n~ m~ ~ or We- ingthesizeandkindofty~u~dinthecom~sifi~endpublicati~Mthenotice: ~ lam C~y wkl~ day M e~ ~ ~ sKeWing 1~ mailing- a~defghiiklmn~rstu~yz $~, ~Ic~er is greater, ~al~ ~. ~ to the bill. Water bills ~all first day ~ ~e m~ ne~ ~c- c~lng the date ~e a~ ~alty affac~s. ~ · ~ is m C~ A~i~ wih t~ taxas Acknowl~ged b~ore me on 90 all unpaid w~er bills In t~ Cl~. Dat~ t~ 13th day ~ A~t, 1~ Notary Brac~e~ [] indicates ma~ lo ~ del~ (Publl~ P~Nws Au~st ~, ~) ................................... RATE INFORMATION 1.7o ( ] ) g~t classifi~ rate paid by commercial u~rs f~ com- parable ~ace. (Line) (2) Maximum rate allowed by law for the above matter. S (Line) (3) Rate actually charged for the above matter. S (Line) ORDINANCE NO. 90-6 AN ORDINANCE AMENDING NEW HOPE CODE §8.07 BY REGULATING LOCATION OF CIGARETTE VENDING MACHINES The City Council of the City of New Hope ordains: Section 1. Section 8.072 "Restrictions" of the New Hope City Code is hereby amended by adding subsection (3) "Vending Machine Location" to read as follows: (3) Vending Machine Location. Tobacco may be offered for sale or sold by or from a vending machine or any other medium, device, or object designated or used for vendinq purposes only at the following locations: (a) in an area within a factory, business, office, or other place not open to the general public or to which persons under 18 years of age are not generally permitted access; (b) in an on-sale alcoholic beverage establishment or an off-sale liquor store, if: (i) the tobacco vending machine is located within the immediate vicinity, plain view, and control of a responsible employee, so that all tobacco purchases will be readily observable by that employee; (ii) the tobacco vending machine is not located in a coatroom, restroom, unmonitored hallway, outer waiting area, or similar unmonitored area; and (iii) the tobacco vending machine is inaccessible to the public when the establishment is closed; and (c) in other establishments, upon the following conditions: (i) it must be located wit~n the immediate vincinit¥, plain view and control of a responsible employee, so that all tobacco purchases will be readily observable by that employee; it must not be located in ~ ~-6atroom, res~-~o~ unmonitored hallway, outer waiting area, or similar unmonitored area; and it must b__e inaccessible to the public when the establishment is closed; and (ii) __it must be operable only by activation of an electronic switch operated by an employee of the establishment before each sale, or by insertion of tokens provided by an employee of the establishment before each sale. Section 2. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 10th day of September , 1990. Attest: City Clerk (Published in the New Hope-Golden Valley Post on the 20th day of September , 1990.) ORDINANCE NO, .. o.o,...c. ....,,,. - POST PUBLICATIONS ..U~^T,.. LOC*~,O. O.' AFFIDAVIT OF PUBLICATION CIGARETTE VENDING MACHINES The City Council of the City of New Ho~e ordeln$: Section 1. Section 8.072 "Rnstrf~-~ th)ns" of the Now Hope City COde lo hereby amended by adding subsection' ~ l (3) "Vend~ /Vlichins Location" to r STATE OF MINNESOTA read"as follows: ' SS. (3) Vending Machine Location.' COUNTY OF HENNEPIN Tobecce'nmy be offered for sale or sold by or from a vonding nmcMne or any other medium, device, or PUrlmsas oflly at the following Ioce- tJoas: {e) in an am within a factory, bus- ..~, w. ma of.N, nro Walter D. Roach not ~saorally Nrlwitl~ L~ 'being duly sworn, ~ oath ,~l~y ,~ that he is the publisher or authorized (b),.....~.k=k..~*.. ~os'c. ews edmiMil{~meM or m~ieJklW., agenl and employes of the pubiimhor of the news4~pur known as the d~re, it.* ~=~ and has tuff knowiedge of the facts which are stated below: (i) is h)Cited~ ~: fl~. i~ (A) The newspaper has complied with all of the requirements coflstituting qualifJcatiMI as a qualified newspaper, as viciafly, I)~M:vJITr~, o#d CMItl~of 1t~: provided by Minnesota Statue 331A.02, 331A.07, end ether el~licable laws, as amended. resiNnstbte-.em~you, s~that lit. ,.rv~,,~.,~,~_~;:~ Ordinance No. 90-6 (ii)~!1~ tel~Ce~T~~ ~ (B) The printed. is .M ~~ i~-~C~t~Mi~ (iii) ~h~w..ng 1he estebllshmont is clsamL, aBd~ (c) In other, satabfl~lmMe~ ugly!., which is atlached was cut from the columns of said newspaper, and was printed and published once a we~k, for (,) .--~ be~w.M ~. 1 Wednesday 19th .'.MMMk.. ~.i~ Sept ember ,,90 ~ IInsOVlMi. II~:IiM MB~' , and was thereaher printed and published on every bellwly, MM wllitl~ aria, er fo and including the day of , simili~ uflnlMdtel,~d. I~il nne~ it and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as he: mum be insege~ill4e t~ ~ ~ lng the size and kind of type used in the composition and publication of the notice: miNI abcdefghijklmnopqrstuvwxyz (ii) it m~t be olmraMe ~ I~;: acttvetion of a~-eledroofc switd~ oINrlted by en empfoyee of by insatm of td~m PrOVid~:by~ an employee of itw eqteblw bofortcech cell, SICItMI Z. EfflcflV~l Date. The ordi-/ BY: hence ~heli be effective UpMi sage and publication. Dated the t0th day of SepfomlN~,~. ~e~PJ. eral ~l~r~a~er ~99o. TITLE: /S/ .~ Mayor Acknowledged before me on Attest: Valorie Leone city Clerk 20th 90 (mubilshe~ FO~NOWs September, ~)e~e,,,ue~- this day of 19.__ RATE INFORMATION 1.70 (t) Lowest classified rate paid by corn mercial users for com- S. parable space. (Line) (2) Maximum rate allowed by law for the above matter. S (Line) · 50 (3) Rate actually charged for the above matter. $. (Line) ORDINANCE NO. 90-7 AN ORDINANCE ADDING SECTION 4.039B TO THE NEW HOPE ZONING CODE RELATING TO EROSION AND SEDIMENT CONTROL RULES AND REGULATIONS The City Council of the City of New Hope ordains: Section 1. Section 4.039B "Erosion and Sediment Control Regulations" of the New Hope City Code is hereby added to read as follows: 4.039B Grading, Erosion and Sediment Control Regulations. 1. Title. This section shall be known as the "Grading, Erosion and Sediment Control Regulations" and may be so cited. 2. Purpose. The purpose of this section is to safeguard property, and to preserve and enhance the natural environment, including but not limited to water quality, by regulating clearing and grading on public and private property. 3. Scope. This section sets forth rules and regulations to control land disturbances, land fill, soil storage, and erosion and sedimentation resulting from such activities. This section establishes procedures for issuance, administration and enforcement of a permit. 4. Other Laws. Neither this section nor any administrative decision made under it: a. Exempts the Permittee from procuring other required permits or complying with the requirements and conditions of such permit; or b. Limits the right of any person to maintain, at any time, any appropriate action at law or in equity, for relief or damages against the Permittee arising from the permitted activity. 5. Severabililty and Validity. If any part of this section is not found valid, the remainder of this section shall remain. 6. Permit Required. No person may grade, fill, excavate, store or dispose of soil and earth materials or perform any other land-disturbing or land-filling activity without first obtaining a Permit as set forth in this section. 7. General Exemptions. All land-disturbing or land- filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion and sedimentation and to safeguard life, limb, property, and the public welfare. A person performing such activities need not apply for a Permit pursuant to this chapter, if all the following criteria are met: a. The disturbed or filled area is 15,000 square feet or less. b. Volume of soil or earth materials stored or moved is 50 cubic yards or less. c. Rainwater runoff is diverted, either during or after construction, from an area smaller than 2 acres. d. An impervious surface, if any, of less than 10,000 square feet is created. e. No drainageway is blocked or has its stormwater carrying capacities or characteristics modified. f. The activity does not take place within 100 feet by horizontal measurement from the top of the bank of a watercourse, the mean high water mark (line of vegetation) of a body of water or within the wetlands associated with a watercourse or water body, whichever distance is greater. 8. Catergorical Exemptions. Sections 6 and 7 (a)-(e) notwithstanding, the following activities are exempt from the permit requirements: a. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the completion of the structure. b. Cemetery graves. 2 c. Refuse disposal sites controlled by other regulations. d. Excavations for tunnels. e. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. f. Exploratory excavations under the direction of soil engineers or engineering geologists. g. Routine agricultural crop management practices. h. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards. i. Any activity where total volume of material disturbed, stored, disposed of or used as fill does not exceed 50 cubic yards and which does not obstruct a drainage course. j. Sections 6 and 7 (a)-(e) notwithstanding, any activity where total volume of material disturbed, stored, disposed of or used as fill does not exceed 5 cubic yards is always exempt for the permit requirements. 9. Handbook Adopted by Reference. The standards and specifications contained in the Manual of Standards are hereby incorporated into this section and made a part hereof by reference for the purpose of delineating procedures and methods of operation under site development and erosion and sedimentation control plans approved under Article III. In the event of conflict between provisions of said manual and of this ordinance, the ordinance shall govern. 10. Application. The application for a Permit must include all of the following items: a. Application. b. Site Map and Grading Plan. c. Interim Erosion and Sediment Control Plan. d. Final Erosion and Sediment Control Plan, where required. 3 Soil Engineering Report, where required. f. Engineering Geology Report, where required. g. Work Schedule. h. Application Fees. i. Performance Bond or other acceptable security (see section 18). j. Any supplementary material required by the issuing authority. 11. Application Form. The following information is required on the application form: a. Name, address and telephone number of the Applicant. b. Names, addresses and telephone numbers of any and all contractors, subcontractors or persons actually doing the land-disturbing and land- filling activities and their respective tasks. c. Name(s), address(es) and telephone number(s) of the person(s) responsible for the preparation of the Site Map and Grading Plan. d. Name(s), address(es) and telephone number(s) of the person responsible for the preparation of the Final Erosion and Sediment Control Plan. e. Name(s), address(es) and telephone number(s) of the registered engineer(s) responsible for the preparation of the soil engineering and engineering geology reports, where required. f. A vicinity map showing the location of the site in relationship to the surrounding area's watercourses, water bodies and other significant geographic features, and roads and other significant structures. g. Date of the Application. h. Signature(s) of the owner(s) of the site or of an authorized representative. 12. Site Map and Grading Plan (Grading Plan). The Site Map and Grading Plan shall contain all the following information: a. Existing and proposed topography of the site taken at a contour interval sufficiently detailed to define the topography over the entire site. Ninety percent of the contours shall be plotted within one-half contour intervals of the true location. b. Contour lines that extend a minimum of 100 feet off-site, or sufficient to show on-site and off- site drainage. c. Site's property lines shown in true location with respect to the plan's topographic information. d. Location and graphic representation of all existing and proposed natural and man-made drainage facilities. e. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drain. f. Location and graphic representation of proposed excavations and fills, of on-site storage of soil and other earth material, and of on-site disposal. g. Location of proposed final surface runoff, erosion and sediment control measures. h. Quantity of soil or earth material in cubic yards to be excavated, filled, stored or otherwise utilized on-site. i. Outline of the methods to be used in clearing vegetation, and in storing and disposing of the cleared vegetative matter. j. Proposed sequence and schedule of excavation, filling and other land-disturbing and filling activities, and soil or earth material storage and disposal. k. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading operations. 5 Specifications shall contain information covering construction and material requirements. 13. Interim Erosion and Sediment Control Plan (Interim Plan). a. Maximum surface runoff from the site shall be calculated using the method approved by the issuing authority and maintained in the Manual of Standards, or any other method proven to the issuing authority to be as or more accurate. b. The Interim Plan shall also contain the following information: 1. A delineation and brief description of the measures to be undertaken to retain specifications for sediment detention basins and traps, and a schedule for their maintenance and upkeep. 2. A delineation and brief description of the surface runoff and erosion control measures to be implemented, including but not limited to, types and method of applying mulches, and designs and specifications for diverters, dikes and drains, and a schedule for their maintenance and upkeep. 3. A delineation and brief description of the vegetative measures to be used, including but not limited to, types of seeds and fertilizer and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep. c. The location of all the measures listed by the Applicant under Subsection (b) above, shall be depicted on the Grading Plan, or on a separate plan at the discretion of the City. d. An estimate of the cost of implementing and maintaining all interim erosion and sediment control measures must be submitted in a form acceptable to the City. e. The Applicant may propose the use of any erosion and sediment control techniques in the Interim Plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the Manual of Standards. 14. Final Erosion and Sediment Control Plan (Final Plan). All the following information shall be provided with respect to conditions existing on the site after final structures and improvements (except those required under this Section) have been completed and where these final structures have not been covered by an Interim Plan (see section 25): a. Maximum runoff from the site shall be calculated using the method approved by the issuing authority and maintained in the Manual of Standards, or any other method proven to the issuing authority to be as or more accurate. b. The Final Plan shall also contain the following information: 1. A description of and specifications for sediment retention devices. 2. A description of and specifications for surface runoff and erosion control devices. 3. A description of vegetative measures. 4. A graphic representation of the location of all items in Subsections (1) - (3) above (see section 12(g). c. An estimate of the costs of implementing all final erosion and sediment control measures must be submitted in a form acceptable to the City. d. The Applicant may propose the use of any erosion and sediment control techniques in the Final Plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the Manual of Standards. 15. Soils Enqineering Report. A soil engineering report, when required by the City, shall be based on adequate and necessary test borings, and shall contain all the following information: a. Data regarding the nature, distribution, strength and erodibility of existing soils. b. Data regarding the nature, distribution, strength and erodibility of soil to be placed on the site, if any. c. Conclusions and recommendations for grading procedures. d. Conclusions and recommended designs for interim soil stabilization devices and measures and for permanent soil stabilization after construction is completed. e. Design criteria for corrective measures when necessary. f. Opinions and recommendations covering adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the City shall be incorporated in the grading plans or specifications. 16. Engineering Geology Report. An engineering geology report, when required by the City, shall be based on adequate and necessary test borings and shall contain the following information: a. An adequate description of the geology of the sites. b. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development. c. Opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the City shall be incorporated in the grading plans or specifications. 17. Work Schedule. The Applicant must submit a master work schedule showing the following information: a. Proposed grading schedule. b. Proposed conditions of the site on the 15th of each month between and including the months of April through October. c. Proposed scheduled for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in Subsection (b). d. Schedule for construction of final improvements, if any. e. Schedule for installation of permanent erosion and sediment control devices where required. 18. Security. a. The Applicant shall provide security for the performance of the work described and delineated on the approved Grading Plan in an amount to be set by the City. The form of security shall be one or a combination of the following to be determined by the City. 1. Bond or bonds issued by one or more fully authorized corporate sureties. The form of the bond or bonds shall be subject to the approval of the (City) (Watershed Management Organization) Attorney. 2. Deposit, either with the (City) (Watershed Management Organization) or a responsible escrow agent or trust company at the option of the (City) (Watershed Management Organization), of money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one or more financial institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment. 3. Cash in United States currency. b. The Applicant shall provide security for the performance of the work described and delineated in the Interim Plan in an amount to be determined by the City but not less than 100% of the approved estimated cost of performing said work. The form of the security shall be as set forth in Subsection (a) (2) and (3) above. c. The Applicant shall provide security for the performance of the work described and delineated in the Final Plan in an amount to be determined by the City but not less than 100% of the approved estimated cost of performing said work. The form of the security shall be as set forth in Subsection (a) (2) and (3). 19. Fees. Fees are to be paid pursuant to a schedule of fees as set forth in Chapter 14 of this Code. 20. Decision on a Permit. The City shall review all documents submitted pursuant to this section, and, if necessary, request additional data, clarification of submitted data or correction of defective submissions within 10 working days after the date of submission. The City shall notify Applicant of the decision on the Permit within 40 days of submission by the Applicant, which submission shall include action by any affected permitting authority having jurisdiction. 21. Notice. Applicant shall be notified of the City's decision on the application within 3 working days of the decision. 22. Permit Duration. Permits issued under this chapter shall be valid for the period during which the proposed land-disturbing or filling activities and soil storage takes place or is scheduled to take place, whichever is shorter. Permittee shall commence permitted activities within 60 days of the scheduled commencement date for grading or the Permittee shall resubmit all required application forms, maps, plans, schedules and security to the City except where an item to be resubmitted is waived by the City. 23. Permit Denial. The Applicant may request a hearing before the City Council within 5 working days of notification of a permit denial. The hearing shall be held at the earliest possible regularly scheduled City Council meeting following the date of the request for a hearing, allowing adequate time for all background materials to be submitted to Councilmembers in the regular course of business. 24. Assignment of Permit. A permit issued pursuant to this chapter may be assigned, provided: a. The Permittee notifies the City of the proposed assignment. 10 b. The proposed assignee: 1. Submits an application form pursuant to Section 11; and 2. Agrees in writing to all the conditions and duties imposed by the Permit; and 3. Agrees in writing to assume responsibility for all work performed prior to the assignment; and 4. Provides security pursuant to section 18; and 5. Agrees to pay all applicable fees. c. The City approves the assignment. The City shall set forth in writing the reasons for its approval or disapproval of an assignment. 25. No Improvements Planned. Where an Applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, Applicant must: a. Meet all the requirements of this chapter except that an Interim Plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved must be submitted in lieu of a Final Plan; and b. Submit executed contract(s) as defined in Section 29 (a) after completion of grading. 26. Issuance of Permits. The City shall issue a Permit upon approval of a Grading Plan, Interim Plan, and where required, a Final Plan, soils engineering report, and engineering geology report, deposit of appropriate security and payment of fees. The Permit shall be issued subject to the following conditions: a. The Permittee shall maintain a copy of the Permit, approved plans and reports required under Section 27 on the work site and available for public inspection during all working hours. b. The Permittee shall, at all times, be in conformity with approved Grading Plan, Interim and Final Plans. 11 27. Implementation of Permits - Permittee's Duties. In addition to performing as required under Section 26: a. Unless this requirement is waived by the City, Permittee shall notify the City within 72 hours of: 1. The beginning of the permitted activity. 2. The completion of rough grading. 3. The completion of finished grading. 4. The installation of all erosion control devices and the completion of planting requirements. 5. Readiness of the site for final inspection, including but not limited to, finished grading, installation of drainage devices and final erosion control measures. b. Permittee shall submit to the City, reports if: 1. There are delays in obtaining materials, machinery, services or manpower necessary to the implementation of the Grading, Interim or Final Plans as scheduled. 2. There are any delays in land-disturbing or filling activities or soil storage. 3. The work is not being done in conformance with the approved Grading, Interim or Final Plans. 4. There are any departures from the approved Grading Plan which may affect implementation of the Interim or Final Plans as scheduled. 5. There are any delays in the implementation of the Interim or Final Plans. 6. There are any other departures from implementation of the Interim or Final Plans. c. Unless this requirement is waived by the City, Permitte shall submit recommendations for corrective measures, if necessary and appropriate, with the reports made under Subsection (b). 12 28. Implementation of Permits. a. The City shall review all reports submitted by Permittee. The City may require Permittee to modify the Grading Plan, Interim or Final Plans, and maintenance methods and schedules. The City shall notify the Permittee in writing of the requirement and specify a reasonable period of time within which Permittee must comply. All modifications are subject to City's approval. b. The City may inspect the site: 1. Upon receipt of a report by Permittee under provisions of Section 27 (a) and (b). 2. To verify completion of modifications required under Section 28 (a). 3. During and following any rainfall. 4. At any other time, at the City's discretion. c. Upon completion of the rough grading work and at the final completion of the work, the City may require the following reports and drawings and supplements thereto: 1. An as-graded grading plan prepared by the civil engineer including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations, and elevations of all surfaces and subsurface drainage facilities. The engineer shall provide approval that the work was done in accordance with the final approved Grading Plan. 2. A soil grading report prepared by the soils engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. The engineer shall provide approval as to the adequacy of the site for the intended use. 3. A geologic grading report prepared by the engineering geologist including a final 13 description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved Grading Plan. The geologist shall provide approval as to the adequacy of the site for the intended use as affected by geologic factors. 29. Post Grading Procedures. Upon completion of final grading and permanent improvements, where such permanent improvements are planned at the time grading is performed, Permittee shall submit: a. Executed contract(s) for maintenance and upkeep of Final Plan runoff and erosion control measures for a period of 3 years. (Less desirable alternatives: deed restrictions requiring maintenance; instructions on maintenance provided subsequent owners.) 30. Suspension or Revocation of Permit. The City shall first have resorted to the procedures set forth in this Section before any other work enforcement procedure set forth in this Article. a. The City shall suspend the Permit and issue a stop work order, and Permittee shall cease all work on the work site, except work necessary to remedy the cause of the suspension, upon notification of such suspension when: 1. The City determines that the permit was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or the provisions of this Code. 2. Permittee fails to submit reports when required under Sections 27 and 28. 3. Inspection by the City under Section 28(b) reveals that the work or work site: (i) Is not in compliance with the conditions set forth in Section 26, or (ii) Is not in conformity with the Grading Plan, Interim or Final Plan as approved or as modified under Section 28(a), or 14 (iii) Is not in compliance with an order to modify under Section 28(a). 4. Permittee fails to comply with an order to modify within the time limits imposed by the City) see section 28(a). b. The City shall revoke the Permit and issue a stop work order, and Permittee shall cease work if Permittee fails or refuses to cease work, as required under Section 34(a) above, after suspension of the Permit and receipt of a stop work order and notification thereof. c. The City shall reinstate a suspended Permit upon Permittee's correction of the cause of the suspension. d. The City shall not reinstate a revoked Permit unless and until the Permittee has corrected all conditions which resulted in the revocation. 31. Fines and Penalties. Any person, firm, corporation or agency acting as principal agent, employee or otherwise, who fails to comply with the provisions of this Code shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Seven Hundred Dollars ($700), or by imprisonment in jail for not more than 90 days, or by both, for each separate offense. Each day any violation of this chapter shall continue shall constitute a separate offense. 32. Action Against the Security. The City may act against the appropriate security if any of the conditions listed in Subsection (a) - (d) below exists. The City shall use funds from the appropriate security to finance remedial work undertaken by the City or a private contractor under contract to the City, and to reimburse the City for all direct costs incurred in the process of the remedial work. a. The Permittee ceases land-disturbing activities and/or filling and abandons the work site prior to completion of the Grading Plan. b. The Permittee fails to conform to the Interim Plan or Final Plan as approved or as modified under Section 28(a) and has had his/her permit revoked under Section 30. 15 c. The techniques utilized under the Interim or Final Plan fail within 1 year of installation, or before a Final Plan is implemented for the site or portions of the site, whichever is later. d. The City determines that action by the City is necessary to prevent excessive erosion from occurring on the site. 33. Release of Security. Security deposited with the City for faithful performance of the grading and erosion control work and to finance necessary remedial work shall be released according to the following schedule: a. Securities held against the successful completion of the Grading Plan and the Interim Plan, except for Interim Plans described in Section 25, shall be released to the Permittee after inspection by the City at the termination of the Permit, provided all conditions have been met and no action against such security is filed prior to that date. b. Securities held against the successful completion of the Final Plan and an Interim Plan described in Section 29 shall be released to the Permittee after inspection by the City and approval of all work and either 1 year after termination of the Permit or when a Final Plan is submitted for the unimproved site, whichever is later, provided all conditions have been met and no action against such security has been filed prior to that date. 34. Cumulative Enforcement Procedures. The procedures for enforcement of a Permit, as set forth in this section, are cumulative and not exclusive. Section 2. Section 4.022 "Definitions" of the New Hope City Code is hereby amended by adding the following subsections 3a, 4a, 9a, 9b, 9c, llb, 2la, 2lb, 24b, 38a, 47a, 48a, 48b, 49b, 53, 74a, 75aa, 75c, 75d, 90, 106a, 122a, 124a, 125a, 125b and 125c to read as follows: 4.022 Definitions. When used in this chapter, the following words shall have the meanings ascribed to them in this Section: 16 3a. Applicant: any person, corporation, partnership, association of any type, public agenCy or any other legal entity who submits an application to the Issuing Authority for a permit or license pursuant to this Code. 4a. As Graded: the surface conditions extant on completion of grading. 9a. Bedrock: in place solid rock. 9b. Bench: a relatively level step excavated into earth material. 9c. Best Management Practices: a technique or series of techniques which, when used in an erosion control plan, is proven to be effective in controlling construction-related runoff, erosion and sedimentation. llb. Borrow: earth material acquired from an off- site location for use in grading on a site. 2la. Civil Engineer: a professional engineer registered in the State of Minnesota to practice in the field of civil works. 2lb. Civil Engineering: the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind. 24b. Compaction: the densification of a fill by mechanical means. 38a. Drainageway: a natural or man-made channel which collects and intermittently or continuously conveys stormwater runoff. 47a. Earth Material: any rock, natural soil or fill and combination thereof. 48a. Engineering Geologist: a geologist experienced and knowledgeable in engineering geology and certified by the State of Minnesota to practice engineering geology. 17 48b. Engineering Geology: the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. 49a. Erosion: the wearing away of the ground surface as a result of the movement of wind, water or ice. 53. Final Erosion and Sediment Control Plan (Final Plan): a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed. 74a. Interim Erosion and Sediment Control Plan: a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction-related land disturbances, fills, and soil storage occur, and before final improvements are completed. 75aa. Key: a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. 75c. Land Disturbance/Land-Disturbing Activities: any moving or removing by manual or mechanical means of the soil mantle or top 6 inches of soil whichever is shallower, including but not limited to excavations. 75d. Land Fill: any human activity depositing soil or other earth materials. 90. Manual of Standards: a compilation of technical standards and design specifications adopted by the City as being proven methods of controlling construction-related surface runoff, erosion and sedimentation. 106a. Permittee: the applicant in whose name a valid permit or license is duly issued pursuant to this Code and his/her agents, employees and others acting under his/her direction. 18 122a. Sediment: earth material deposited by water or wind. 124a. Site: a space, parcel or parcels of real property owned by one or more than one person which is being or is capable of being developed as a single project. 125a. Soil: naturally occurring superficial deposits overlying bed rock. 125b. Soils Engineer: a civil engineer experienced and knowledgeable in the practice of soils engineering. 125c. Soils Engineering: the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof. Section 3. Section 4.022 (65) "Grade" of the New Hope City Code is hereby amended to read as follows: (65) Grade. (Adjacent Ground Elevation). The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. Grade also means the following for purposes of §4.039B of this Code. The vertical location of the ground surface existing grade means the grade prior to grading; rough grade means the staqe at which the grade approximately conforms to the approved plan; final grade means staqe at which the grade conforms to the approved plan. Section 4. Section 4.022 (125) "Slope" of the New Hope City Code is hereby amended to read as follows: (125) Slope. The degree of deviation of a surface from the horizontal, usually expressed in 19 percent or degrees. Slope also means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.- Section 5. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the ]3th day of N0vember , 1990. City (~er~ ! (Published in the New Hope-Golden Valley Post on the 215t day of November , 1990.) 20 ORDINANCE NO. 90-7 A SUMMARY OF AN ORDINANCE ADOPTING THE EROSION AND SEDIMENTATION CONTROL PROVISIONS OF THE REGULATIONS SET FORTH IN AN ORDINANCE RELATING TO EROSION AND SEDIMENT CONTROL AS PREPARED BY THE HENNEPIN CONSERVATION DISTRICT 1. The City Council has adopted a lengthy ordinance codified in the New Hope Code as §4.039B relating to erosion and its control incorporating the provisions set forth in the Erosion and Sediment Control Manual as prepared by the Hennepin Conservation District. Said erosion and sediment control regulations were developed by a Committee consisting of representatives of cities, joint power watersheds, townships, watershed districts, and the Hennepin Conservation District of Hennepin County, Minnesota. The Minnesota Board of Soil and Water Resources has referred to the erosion and sediment control regulations in the review of all water management organization management plans, and has indicated the necessity for each municipality to adopt an ordinance which will provide for those regulations. The purpose of this summary is to inform the public of the intent and effect of the ordinance and to publish only the summary ordinance, with the full ordinance being on file in the office of the City Clerk. Minnesota Statutes Section 412.191, Subd. 4, authorizes the publication of a summary ordinance approved by 4/5 vote of the Councilmembers, which will authorize that only the title of the ordinance and a summary of the ordinance will be published. It is the intention of this ordinance to authorize said procedure. 2. Section 1 of the erosion and sediment control regulations ordinance provides the title. 3. Section 2 establishes the purpose, to preserve and enhance the natural environment, including but not limited to water quality, by regulating clearing and grading of public and private property. 4. Section 3 indicates that the ordinance will set forth the rules and regulations to control land disturbances, land fill, soil storage, and erosion and sedimentation pursuant to said activities. 5. Sections 4 and 5 are general provisions relating to relationship to other laws and severability and validity provisions. 6. Section 6 requires an application for a permit to grade, fill, excavate, store, and dispose of soil or earth materials or perform any other land-disturbing or land-filling activity. 7. Section 7 provides for exemptions to a permit in certain limited situations. 8. Section 8 has a definition for categorizing exemptions and exempts certain things such as basement excavation, cemetery graves, and other selected items. 9. Section 9 adopts by reference the Hennepin Conservation District prepared handbook as the Manual of Standards. Section 10 establishes the application procedures, and Section 11 establishes the application form. 10. Section 12 requires the filing of a site map and grading plan containing very specific and detailed information, all of which is set forth in the ordinance. 11. Section 13 sets forth regulations relating to conditions existing on the site during land-disturbing or filling activities or soil storage and requires specific and detailed information for the interim period during such activities. 12. Section 14 establishes the regulations for erosion and sediment control as a part of the final plan which will exist after final structures and improvements have been completed. 13. Section 15 establishes the technical data required for soil engineering reports when this is required by the City and establishes the type of information which must be provided to the City. 14. Section 16 provides regulations for engineering geology reports when required by the City. 15. Sections 17, 18 and 19 establish the requirements of a work schedule and security provisions during the time of the work, and provides that fees may be adopted and amended from time to time by a separate resolution of the Council. 16. Sections 20 through 25 relate to the City's decision on issuing a permit, notice requirements by the City, permit duration limitations, provision for appeal of the Council's decision of denial, and authorization for a hearing. Section 24 relates to assignment of the permit and the specific regulations which relate to any assignment. Section 25 relates to activities where there are no permanent improvements on the site. 17. Sections 26 through 34 relate to implementation and enforcement and have separate sections which are entitled, "Issuance of Permits," "Implementation of Permits - Permittee's Duties, "Implementation of Permits," "Post Grading Procedures," "Suspension or Revocation of Permit," "Fines and Penalties," "Action Against the Security", "Release of Security," and "Cumulative Enforcement Procedures." Section 32 relates to actions against the surety or sureties to finance remedial work undertaken by the City, and Section 33 relates to the release of the security. 18. It is hereby determined by this City Council that publication of the title and a summary of the erosion and sediment control regulations ordinance as set forth in this summary will clearly inform the public of the intention and effect of the ordinance to regulate activities. The Council also determines that only the title of the ordinance and this summary will be published and that a printed copy of the full ordinance is available for inspection by any person during regular office hours at the office of the City Clerk, and at any other location which the Council designates. A copy of the entire text of the ordinance shall be posted in the community library, if there is one, or if not in any other public location which the Council designates. All other ordinance procedures provided by Minnesota Statutes and other regulations shall prevail. Dated the ]3th day of November , 1990. Mayor Attest: City Clerk (Published in the Golden Valley-New Hope Post on November 21, 1990) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA / n the New / SS. to ere- COUNTY OF HENNEPIN ::)is- repre- Walter D. Roach agent and employee of the publisher of the newspaper known as the and has full knowledge of the facts which are stated below: all (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as indicated the provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. ~ Ordinance No. 90-7 o~ (B) The printed of the ordi- the which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 1 Wednesday 21 st successive weeks; it was first published on , the day of this pro- November 90 19 , and was thereafter printed and published on every uo P 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- .I; lng the size and kind of typo used in the composition and publication of the notice: ~' abcdefghliklmnoflqrstuvwxyz u t4: ~Z°llepu°ta~°°oJ '! BY: ~aP~fS~(~0 ~[luOajsno, si o ~*'a'q~;'bosea-~ Suo s,lecU,; ~ General Manager TITLF:: ~0~03 ;~ p~[oz~(}~[ ~q [Jl~ Acknowledged bef ....... ~1 ~O: ~ a~ ~ ~JO 1; 22nd November 90 ?~Idoad a,aom UOAO ~ /~, .~ leos atnF)~Coa.~ luO:)aad ~ sota~y eub,ic // ~eptmtu~s e l~mloom ................. ~ RATE INFORMATION 1.70 ~eAIleWes®JdeJ§ul:la~JgtU. . T . ~J$ (1) Lowestclassifiedratepaidbycommercialusersforcom- $. Il! parable space. (Line) ,j~ (2) Maximum rate allowed by law for the above matter. $ -- _ · (Line) · MaN (3) Rate actually charged for theabove matter. $. ~,1~ p (Line) ORDINANCE NO. 90-8 AN ORDINANCE REZONING LOT 1, BLOCK 1, VILLAGEINDUSTRIAL PARK TO THE "R-O" DISTRICT The City Council of the City of New Hope ordains: Section 1. Section 4.29 "Extent of R-O Residential Office District" of the New Hope City Code is hereby amended by adding subsection (17) to read as follows: (17) Lot 1, Block 1, Village Industrial Park. Section 2. Section 4.34 "Extent of I-1 Limited Industrial District" of the New Hope City Code is hereby amended to read as follows: (4) The west 461 feet of the southwest 1/4 of the northwest 1/4 of Section 17-118-21, together with the northwest 1/4 of the southwest 1/4 of said section lying north of the following described line: Commencing at a point on the west line of said northwest 1/4 of the southwest 1/4, a distance of 526.55 feet north of the southwest corner thereof; thence east to a point on the east line of said northwest 1/4 of the southwest 1/4 a distance of 527.4 feet north of the southeast corner thereof, except Lot 1, Block 1, Village Industrial Park. Section 3. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the ]0th day of September , 1990. City (Published in the New Hope-Golden Valley Post on the 20th day of September , 1990.) (i) it must be located wit~n the immediate vincinity, plain view and control of a responsible employee, so that all tobacco purchases will be readily observable by that employee; it must not be located in a coatroom, restroom, unmonitored hallway, outer waiting area, or similar unmonitored area; and it must be inaccessible to the public when the establishment is closed; and (ii) it must be operable only by activation of an electronic switch operated by ~n employee of the establishment before each sale, or by insertion of tokens provided by an employee of the establishment before each sale. Section 2. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the ]0th day of September , 1990. Ma~ Attest: (~tr~, ~~ City Clerk (Published in the New Hope-Golden Valley Post on the 20th day of September , 1990.) ORDINANCE ND. N4'~' " ' AN O,D,NANC, RE,O,,NO-OT,.' POST PUBLICATIONS BLOCK PARK TO THE?R-O" DISTRICT. T.e c,~ c~nc,, ~.~ ¢.y*~.. AFFIDAVIT OF PUBLICATION H~dains: ' ~ ~. ~' ~,~ "E~ ~.. the Nw ame~ by a~lng su~(17) to read as (17) Cm ~: et~?l;~VlUa~ Ind.- STATE OF MINNE~TA trial Park. SS. ~ 2. Se~i~ 4.~ '~E~M ~ I-1 ~ COUNTY OF HENNEPIN New Hope Ci~v Coda is hereby amen~ to re~ aS ~11~ ~hw~t 1/4 ~ t~ n~hwest I/4 ~ ~I~ 17-1~2L t~ther wit~ the no~hw~ 1/4 ~ the ~uthwe~ W~- 1/4' a dl~ance' M' ~:.~ (A) T~ ~p~ has compli~ with all M t~ r~uirements c~stituting qualificati~ as a qualifi~ nw~a~r, as ~t n~ ~ ~ ~M c~r~ provi~ by Minima Statue ~1A.02, ~!A.07, a~ other a~licable la~, as ame~. v,,~,~,.w. 0~di~ce ~o. : naKe Shall ~ ~l~ U~ I~~i (BI Theprint~ Dat~ :. 1~ * * . /~ · Cl~Cl~k ' * ~ which is aflached was cut from t~ columns M ~id Mw~a~r, and was print~ and ~bli~ ~ce a w~k, for ep~emoer ,19 ~U , and wast~reatter print~ and pubiis~ off every to and including t~ ~ay ~ 19__ and priflt~ ~1~ is a C~y lng the size and ki~d ~ ty~ u~d in the com~iti~ and publicati~ M the ~ice: a~d~ghijklm~rstu~yz General Manager TITLE: Acknowledged before me on 20th September 90 this~//'~--0~,_ ~/~---(-4--~.ag,.~,day Of / 19 Notary Public ~ RATE INFORMATION 1.70 (1) Lowest classified rate paid by commercial users for cpm- S parable space. (Line) (2) Maximum rate allowed by law for the above matter. S (Line) (3) Rate actually charged for the above matter. $ . ,,~LJ (Line) ORDINANCE NO. 90-9 AN ORDINANCE AMENDING NEW HOPE ZONING CODE BY REZONING WINNETKA COMMONS FROM R-0 TO B-4 The City Council of the City of New Hope ordains: Section 1. Section 4.33 "Extent of B-4 Community Business District" of the New Hope City Code is hereby amended by adding subsection (4) to read as follows: (4) Lot 1, Block 1, Winnetka Commons. Section 2. Section 4.29 "Extent of R-0 Residential-Office District" of the New Hope City Code is hereby amended by deleting subsection (10) in its entirety. Section 3. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 8th day of 0ct0ber , 1990. City Cl~rk (Published in the New Hope-Golden Valley Post on the ]Ttb day of October , 1990.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN/ ss. New H sage a~,d publication, Date~l 4be 8th day of Octobe1~?90. 'Mayo. .... Walter D. Roach Attest: , being duly sworn, on oath says that he is the publisher or authorized City Clark agent and employee of the publisher of the newspaper known as the--~L'~O s'~e~t~s (Published PostNews October 17, and has full knowledge of the facts which are stated below: 1990) (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. 90-9 (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 17th successive weeks; it was first published on the day of October ~ 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- ing the size and kind of type used in the composition and publication of the notice: abcdefghiiklmnopqrstuvwxyz BY: TITLE: General Manager Acknowledged before me on 18th October 90 this day of 19.__ 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) · 50 (3) Rate actually charged for the above matter. $. (Line) ORDINANCE NO. 90-]0 AN ORDINANCE AMENDING NEW HOPE LIQUOR CODE BY ADDING SECTION 10.78 PERMITTING THE SALE OF STRONG BEER PURSUANT TO AN ON-SALE WINE LICENSE The City Council of the City of New Hope ordains: Section 1. Section 10.78 "Sale of Intoxicatinq Malt Liquor" of the New Hope City Code is hereby added to read as follows: 10.78 Sale of Intoxicating Malt Liquor. An on-sale wine licensee who also is licensed for On-Sale Non- Intoxicating Malt Liquor under §10.10 of this Code and whose gross receipts are at least 60% attributable to the sale of food may also sell intoxicating malt liquor without any additional licenses. Section 2. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 8th day of 0ct0ber , 1990. / M~fo r Attestl~~~City C e~krk (Published in the New Hope-Golden Valley Post on the ]Tth day of 0rtoh~r , 1990.) POST PUBLICATIONS ,ew AFFIDAVIT OF PUBLICATION The el In~: the added ~t0 STATE OF MINNESOTA quer. ~ COUNTY OF HENNEPIN ind under al least its Walter D. Roach , being duly sworn, or, at h sa, y~,~at he is the publisher or authorized L~O S ~1~ .... agent and employee of the publisher of the newspaper known as the MayOr and has full knowledge of the facts which are stated below: Attest: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as C~ ty Clerk provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (Published PostNews October 17, ~99o~ Ordinance No. 90-10 (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once a week, for I We dnes day 1 7th __ successive weeks; it was first published on , the day of October ~, 90 , 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: abcdefghijkl m nopqrstuvwxyz General Manager TITLE: Acknowledged before me on 1 8th October 90 this__ day of 19.__ 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) (3) Rate actually charged for the above matter. $. · (Line) ORDINANCE NO. 90-11 AN ORDINANCE REZONING PROPERTIES ABUTTING 42ND AVENUE NORTH BETWEEN WINNETKA AVENUE AND LOUISIANA AVENUE NORTH FROM B-3 TO B-4 The City Council of the City of New Hope ordains: Section 1. Section 4.33 "Extent of B-4 Community Business District" of the New Hope City Code is hereby amended by adding subsections (5) through (20) to read as follows: (5) Tracts A, B, C, D, RLS No. 1247. (6) Tracts A and B, RLS No. 1282. (7) South 410.7 feet of Lot 4, Auditor's Subdivision No. 324. (8) Lots 11 through 17, Auditor's Subdivision No. 324. (9) Lot 33, Auditor's Subdivision No. 324. (10) That part of Lot 34, Auditor's Subdivision No. 324 described as: commencing at a point in south line of Lot 34 distant 150 feet west from southeast corner thereof, thence north 200 feet, thence west 13 feet, thence north to the easterly extension of south line of Lot 32, Auditor's Subdivision No. 324, thence west to southeast corner of Lot 32, thence south to southwest corner of Lot 34, thence east to point of beginning. (11) The east 150 feet of that part of Lot 34, Auditor's Subdivision No. 324 lying south of a line running parallel with and 200 feet north of south line of northeast 1/4 of northwest 1/4 of Section 17-118-21. (12) Lots 7 and 8 of Auditors's Subdivision No. 324. (13) That part of Lot 9, Auditor's Subdivision No. 324, described as commencing at the northeast corner of Lot 7, Auditor's Subdivision No. 324; thence south along the east line and its extension to a point 100 feet south from southeast corner thereof; thence east parallel with the easterly extension of the south line of said Lot 7, a distance of 40 feet; thence south parallel with the southerly extension of the east line of said Lot 7 a distance of 50 feet; thence easterly-- parallel with the easterly extension of the south line of said Lot 7 to an intersection with a line running from a point in the north line of the-- southwest quarter of the northwest quarter distant 653.3 feet east from the northwest corner thereof to a point in the south line of southwest quarter of northwest quarter distant 650.6 feet east from the southwest corner thereof; thence north along said line to north line of Lot 9; thence west to beginning. (14) That part of Lot 9, Auditor's Subdivision No. 324 described as commencing at a point in the south line of Lot 9, distant 617.6 feet east from the southwest corner thereof; thence East 320.65 feet along said south line; thence northerly 1330.5 feet to a point in the north line of Lot 9 distant 975.2 feet easterly along said lot line from the west line of section; thence westerly 321.9 feet along same; thence southerly 1325 feet to beginning. Except all property lying southerly of the Old Dutch Pond easement described in Doc. No. 4459954. (15) The North 203.6 feet of that part of Lot 9, Auditor's Subdivision No. 324 lying East of a line running from a point in the North line of Lot 9 distant 975.2 feet East from the West line of Section to a point in the South line of Lot 9 distant 938.25 feet East from the Southwest corner thereof. (16) Lots 1 and 2, Block 7, Rockford Park Addition. (17) The north 125 feet of Lots 1, 2, 3, 4, and 5, Block 2, Rockford Park Addition. (18) The north 125 feet of Lots 1, 2, 3, and 4, Block 6, Rockford Park Addition. (19) That part of Lot 10, Auditor's Subdivision No. 324 lying east of Maryland Avenue, south of 42nd Avenue, west of Block 1, Rockford Park and north of 41st Avenue. (20) Lots 1 - 5, Block 1, Rockford Park Addition. Section 2. Section 4.32 "Extent of B-3 Auto Oriented Business District" of the New Hope City Code is hereby amended by the repeal of subsections (11) through (22) in their entirety and the renumbering of subsections (23) through (28) as subsections (11) through (16). Section 3. Section 4.29 "Extent of R-0 Residential-Office District" of the New Hope City Code is hereby amended by the repeal of subsection (14) in its entirety. Section 4. Section 4.28 "Extent of R-4 Hiqh Density Residential District" of the New Hope City Code is hereby amended by amending subsection (30) to read as follows: (30) Lots ~47 ~? 22 and 23, an~ the east ~ of 50% ~67 also that part of Lots 18 through 21 inclusive, lying west of the east 130 feet thereof, also that part of Lots 24 through 30 inclusive lying west of the east 130 feet thereof of Auditor's Subdivision No. 324. Section 5. Section 4.34 "Extent of I-1 Limited Industrial District" of the New Hope City Code is hereby amended by amending subsection (4) to read as follows: (4) The west 461 feet of the southwest 1/4 of the northwest 1/4 of Section 17-118-21, together with the northwest 1/4 of the southwest 1/4 of said section lying north of the following described line: Commencing at a point on the west line of said northwest 1/4 of the southwest 1/4, a distance of 526.55 feet north of the southwest corner thereof; thence east to a point on the east line of said northwest 1/4 of the southwest 1/4 a distance of 527.4 feet north of the southeast corner thereof, except Lot 1, Block 1, Village Industrial Park and Lots 7 and 8, Auditor's Subdivision No. 324. Section 6. Section 4.35 "Extent of I-2 General Industrial District" of the New Hope City Code is hereby amended by amending subsection (6) to read as follows: (6) All of the southwest 1/4 of the northwest 1/4 of Section 17-118-21, lying east of the west 461 feet thereof, except for the east 58 feet of that part of Lot 9, Auditor's Subdivision No. 324 ~n~ west of ~ ~ne ~nn~n~ f~om a porn% on the No~ ~47 %0 a po~n% on the so~%h ~ne of o~ the ~o~thwest ~4 off Seet~oa ~-~O-~ ~ ~o~th o~ the so~h ~ae off hots ~ &~ 8 e~tea~e~ described in subsections (12) through (14) of §4.33 of this Code. Section 7. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 22nd day of October , 1990. MaWr~ Attest: ~ ~ · City (Published in the New Hope-Golden Valley Post on the 315t day of October , 1990.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION the is) STATE OF MINNESOTA ( COUNTY OF HENNEPIN ss. ( 6)" (7} (8) 17; Auditor's ( Subdivision No. 324. (10) Tha~? part of Lot 34, Auditor's Subdivision No. 324 described as: commencing at a point in Walter D. Roach south 'lin® of Lot 34 rdistant' 150 being duly sworn, CiG, oath sp~(%that he is the publisher or authorized feet west from southeast corner thereof, thence north 200 feet, agent and employee of the publisher of the newspaper known as the thence west 13 feet~:theace north and has full knowledge of the facts which are stated below: to the easterly.extension of south line of Lot 32, Auditor's Subdivi- (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as siOn NO. 324, then;e West to provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. southeast corner ,o~ ~Lot 32, thence r~ ~ soeth~esf corner et LOt'34, thence aesftg~point of Ordinance No. 90-11 beginning. -.~ (B) The printed. (11) The p~a,st 150 toot ~,o~tb~t part of Lot~4, Auditor's ~.~i¥Jsion No. 324 lying south Of 4J~ ~unning parallel with an$2~ee~r north .of soetll line of ~ast I/4 of northwest 1/4 of ~Sec,tion 17-118- 31. (12) Lots 7 and 7 of A~li~)r's Sub- which is a~tached was cut from the columns of said newspaper, and was printed and published once a week, for .division No. 324. (13) That part of'Lot 9f Auditor's '1 Wedr/esda.~l/r ,th~'1e SubdiVision 'No. 324, described as successive weeks; it was first published on ___day of cemn!encing at the norlheast corneJ' of Lot 7, Auditor's Sub- division No. 324;-~hence,south October 1990 along the east line a~d its exten- , and was thereafter printed and published on every sion to'a point 100 feet south from, southeast corner thereof; ~ thenc~:l~ast par~]ieL with the toand including the dayof 19 , (,~ ea~forly extension of the south and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- L% ~_/, lidb of s~id Lot 7, a distance of 40 lng the size and kind of type used in the composition and publication of the notice: '~ feet; thence south .p~rallel with the sot~he~y* ex~nsien of the abcdefghiiklmnopqrstuvwxyz 'east lii~e,6f *said Let ~ a distance · of 50L..~feet; thence easterly parallel*~With' the easterly exten- to an .,idtersectiob. with a line runnin~from a Pein~t ~, the north line of the south~st~arfer of the no~hw, est qUa~,, distant BY: 6~3.3 f~dt east f~e north- west cor, qp, r: ther~a~ ~a ~point in the sou~h, line ~6i ~Gthwest General Manager quarter 0t nol~h~W,~_~S~L quarter TITLE: distant 650.6 fe~.~r~.~· from the southwest corner Yhereaf; thence Acknowledged before me on Onrth~along said lille to north fine of. LOt 9.; thence,iw~gt to.begin~ '1 st November 90 rang. , · (14) That part of L0f .9, Auditor's this day of 19. .Su bdivis ion No. 324~c~esc ri bed as ~ commencing at a 'l~eint in the so~th line of Lot ~ distant 617.6 P~ublic '~ foe'*least from the southwest corner thereof; .tbenco East Notary 320.65 feat along said south line; thance-~ortherly.1330.5 feet to a distant ~75.2 feat easterlY alongpaiht i0the earth line of Lot 9 ~:~'% ~iui said lot fine from the west line of ~ ~.,~/ ~I¥ co:~i~,uss,~ soeti.~n;~ thenco 'weSterly 321.9 feet ~10ng some; thence south- e.~,,~;;~-::-~ ..... erly ~1325 ~feat .to beglnni,g. Ex- cept ail property lying southerly of the Old Dutch I~ond easome,t descrihed in Doc. No, 44~9954. RATE INFORMATION (15) The North 203.6 feet et that pat:t OfHo. LOt324 lying ~'' Audltor'SEast of aSUbdivisi°nline runn- , ( 1 ) Lowest classified rate paid by commercial users for com- S lng from a~peint in the North line parable space. (Line) of ,Lot 9' distant 07S,2 tout. East from the,West line of sect on to a Paint in the So~th lice of LOt f (2) Maximum rate allowed by law for the above matter. S distant 93~. 25 feet East frOm the (Line) ~'~ Southwest car nor thereat. ~0 Lots 1 and 2, Block 7, Rockford (3) Rate actually charged for the above matter. S · Par~k Addition , (Line) ¥;7) The~flo~'125 feat of Lots 1, 2; 3, 4;..and 3, Block 2, Rocktord Park AdditiOn. (18) ~The !, 2, 3, 6, Rockford Park Aqditor's ORDINANCE NO. 90-12 AN ORDINANCE REZONING 7001-09 BASS LAKE ROAD FROM B-3 TO B-2 The City Council of the City of New Hope ordains: Section 1. Section 4.32 "Extent of B-3 Auto-Oriented Business District" of the New Hope City Code is hereby amended by repealing subsection (9) in its entirety. Section 2. Section 4.31 "Extent of B-2 Retail Business District" of the New Hope City Code is hereby amended by adding subsection (11) to read as follows: (11) That part of Lot 42, Auditor's Subdivision No. 226 lying east of Louisiana Avenue North and north of Murray Lane Fifth Addition. Section 3. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 26th day of N0vember , 1990. (Published in the New Hope-Golden Valley Post on the 5th day of D~mh~r , 1990. ) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION amended ~ repealing subsection (9) n its entirety. $~ 2. Sectiion· 4.~31 ,,Extoffl of ~ B~2:~$it Bosille~ District"'of the · Ne~}~i~'~Pe City'Code is hereby STATE OF MINNESOTA ahiehde~l by eddi~lg'$ubseCtian '(11) to COUNTY OF HENNEPIN ss. reed es follows: · (Ill, That part 6f Lot 42, Auditor's S~diVision No. 226 lying east of Looisiane Ave#ee North and ~0rth of Murray Lane Fifth Addition. Se~tl~ 3. Effective Date. The ordi- nances,shall be effective upi:in i,ts pas- s~ge and publication. Dated the 26th day~ of N~vember, ,~. Walter D. Roach /$/Edw. £rlcksen being duly sworn, o~ oath stys thet he is the publisher o~ euthori~ed Muyor Posl~News Ariel?:/s/Valerie J. Leone" ' egent and employee of the publisher of the oewspeper k~o~n es the and has full knowledge of the feets which ere steted below: Cily Clerk (Published in the New H~e~Golden (A) The newspaper has complied with all of the requirements constituting qualificetion as e quelified newspaper, es Velley Po~tNewS on the Sth dey of provided by Minnesote Statue 331A.02, 331A.07, and other eppliceble lews, es amended. December~ 1990). (.i ~bepr~.ted. Ordinance No. 90-12 which is attached was cut from the columns of said newspaper, and was printed and published once a week, for I successiveweeks;itwesfirstpublishedon Wednesday ,the 5th deyof December __ 1990 - and wes thereafter printed and published on every to and including the day of 19 end printed below is a copy of the lower case alphabet from A to Z, beth inclusive, which is hereby acknowledged es be- ing the size and kind of type used in the composition end publication of the notice: abcdefghi jklmnooqrstuvwxyz BY: General Manager TITLE: Acknowledged before me on 6th December 90 this day of 19___ Notary Public RATE INFORMATION 1.70 (1) Lowest classified ratepaid by commercial usersfor corn- $ parable space. (Line) (2) Maximum rate allowed by law for the above maller. $ (Line)· 50 (3} Rete actually cherged for the above matter. $ (Line) ORDINANCE NO. 90-13 AN ORDINANCE AMENDING CHAPTER 5 OF THE NEW HOPE CODE BY ESTABLISHING A STORM WATER DRAINAGE UTILITY The City Council of the City of New Hope ordains: Section 1. Section 5.036 "Storm Sewer Service and Use Charges" of the New Hope City Code is hereby added to read as follows: 5.036 Storm Sewer Service and Use Charges. 1. Storm Water Drainage Utility Established. The municipal storm sewer system shall be operated as a public utility pursuant to Minn. Stat. Section 444.075. Revenues derived from said system shall be subject to the provisions of this Code and Minnesota statutes. 2. Storm Water Drainage Rate. Storm water drainage rates are prescribed in § 14.511 of this Code. The rate charged for a land parcel shall be determined by its assigned Residential Equivalent Factor (REF). A parcel shall be assigned an REF by determining its percentage of impervious area and multiplying its total acreage by the corresponding REF to percentage of impervious area in accordance with the following table: Percentage of Impervious Area REF per acre 0 2.12 12 2.61 20 2.94 25 3.00 30 3.07 38 3.45 65 4.56 72 4.65 85 5.50 100 6.48 3. Residential Equivalent Factor Defined. One (1) REF is defined as the ratio of the average volume of runoff generated by one (1) acre of a given land use to the average volume of runoff generated by 1 one (1) acre of typical single family residential land, during a standard five (5) year rainfall event. It is further assumed that land in New Hope is Type C soil composed of sandy clay loam and that a 5 year rainfall event generates 3.5" of rain per hour. 4. Credits. The City Council may adopt policies by resolution, for adjustment of the storm water drainage fee for parcels based upon hydrologic data to be supplied by property owners, which data demonstrates a hydrologic response substantially different from the standards. Such adjustments of storm water drainage fees shall not be made retroactively. 5. Payment of Fee. Billing statements for storm water drainage shall be computed every three (3) months and invoiced by the finance department for each parcel as part of the sewer and water utility billing system. Any parcel not included in the sewer and water utility billing system shall be invoiced quarterly for storm sewer service charges. 6. Recalculation of Fee. If a property owner or person responsible for paying the storm water drainage fee questions the correctness of an invoice for such charge, such person may have the determination of the charge recomputed by written request to the public works director made within twelve (12) months of mailing of the invoice in question by the City. 7. Penalty for Late Payment. Each quarterly billing for storm water drainage fees not paid when due shall incur a penalty charge of five (5%) percent'of the amount past due. 8. Certification of Past Due Fees on Taxes. Any past due storm water drainage fees in excess of ninety (90) days past due on October 1 of any year may be certified to the County Auditor for collection with real estate taxes in the following year pursuant to Minn. Stat. Section 444.075, Subdivision 3. In addition, the City shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees. Section 2. Section 14.511 "Storm Sewer Utility Rate" of the New Hope City Code is hereby added to read as follows: 14.511 Storm Sewer Utility Rate. Pursuant to Minn. Stat. Section 444.075 and section 5.036, et al, of this Code, an annual charge of $15.00 per Residential Equivalent Factor (REF) assigned to a land parcel shall be billed to the owner or occupant of each parcel of property in New Hope. The purpose of said charge is to pay for the repair, improvement, maintenance and operation of the municipal storm water drainage system. Section 3. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the ]0th day of December , 1990. Attest: ~(_ uity Clerk (Published in the New Hope-Golden Valley Post on the ]9th day of December , 1990.) 3 POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA Es- COUNTY OF HENNEPIN / ss. se Stat. Section derived~from said system.~hall be s~l~jec~ ~ to the. provisionS, of this i~ a~nd Minne~ta statutes. /'~ 2~tO~,'Wa~ter orai,~'ge Rate. ,~m-water drainage rates are ~* ~ter~in ~ t4.sU~m ~ms C~e. Walter D. Roach L ' ~3'~~ d,~,rm,~db~ ,~s assigfle~ Po stNews .~ Residential Equivalent Factor agentandemploy~ofthepublisher~thenew~a~rkfl~nasthe ~ 'j (REF). A parcel- Shall be assig~d and has full kn~ledge ~ the facts which are stat~ ~1~: an REF by determining i~ ~, ceot~ge ~ imp~ioUs are~ and (A) The new~aper has compli~ with all of the r~uirements constituting qualification as a qualifi~ new~a~r, as ~ulfi~y.~g'i~ t~al acrea~ Uy t~ provid~ by M~nne~ta Statue ~1 A.02, ~1A.07, and other applicable laws, as amended. ~orr~p~ding REF to ~rcentage - ~.~m~ious; ra~ea in a;eordance "~'~ ' (BI Theprinted Im~ffie~s A~a RE F ~r ac~ ~ 2.12 25 3.~ 30 .... 38 ~ 3.07 ~'.~ ~ a.~ which is a~ached was cut from fha columns ~ said new~a~r, and was print~ and published ~ce a w~k, for 72 4.~ 8s · s,~ 1 We~esday 19th ]~ 6.~ successive w~ks; it was fizst pubJish~ on , the day of 3. Residential Equival%n9 Factor December 90 of 19 . and was fherea~er pri,t~ and publish~ on every land. ~ $o and including the day ~ and printed ~low is a copy of the lower ca~ alpha~t from A to Z. ~$h inclusive, which lng the size 8nd kind of ~y~ u~d in the com~si$ion and publication of the ,otice: abcdefghiiklmn~rstu~xyz General Manager TITLE: Acknowledged before me on d~ainage 20th December 90 shall be this dayof ., 19_ months ~ , the finance /.~~ of'l utility bill~ bill~ Notary Public ty for ~r,-~ - -~ ~-*~ .... ..... drainage ;-.~.--- - RATE INFORMATION .~in. hy 1.70 (1) Lowest classified rate paid by commercial users for com* $ 7. Perlaltl Each parable space. (Line) (2) Maximum rate allowed by law for the above matter. S (Line) .50 8. (3) Rate actually charged for the above matter. $ (Line) on, ORDINANCE NO. 90-14 AN ORDINANCE AMENDING THE NEW HOPE SIGN CODE BY PERMITTING TENANT DIRECTORY ON SHOPPING CENTER IDENTIFICATION GROUND SIGNS The City Council of the City of New Hope ordains: Section 1. Section 3.467 (4)(a) "Shopping Centers" of the New Hope City Code is hereby amended to read as follows: (a) Shopping Centers. Shopping centers containing more than four separate and distinct occupancies may erect only one ground sign per street frontage (single or double faced) to be used as an identification sign for the shopping center. ~~a~ ~s~esses w~h~ the shepp~ eea%e~ may ~e% be a~ef%~se~ %he~e~= Said ground sign may not exceed two hundred square feet in area, nor thirty feet in height and must be set back a minimum of twenty feet from all property lines. Individual businesses within the shopping center may be allowed tenant identification in a directory contained within the identification sign pursuant to the following conditions: (1) The shopping center name identification must use thirty (30) percent or more of the square area of the identification ground sign. (2) The tenant directory shall not exceed seventy (70) percent of the square area of the identification ground sign. No individual tenant identification sign within the directory shall exceed twenty- eight (28) square feet. (3) The tenant directory shall not exceed five (5) individual business identification signs. (4) All tenant identification signs shall be of uniform style, letter font, color and composition. Business logos are not permitted. (5) No advertising or reader boards shall be allowed on the tenant directory of the identification ground sign. Section 2. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 2?th day of December , 1990. City C er (Published in the New Hope-Golden Valley Post on the 9th day of Januar,v , 1991 .) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION The City Council ~f'the City of New H~pe ordains: Section 1. Sectior 3.467. (4)(a) "Shopping Centers" of the New Hope City Code is hereby a mended:~o read as fotl~Ws: (a)'shbpplpg Centers. Shopping centers contairU.ng more.than four separate and STATE OF MINNESOTA ~ distirict-occupancies may erect-~only one SS. ground sign per street frontage (single or COUNTY OF HENNEPIN doublefaced) to be used as an identifica- tion sign for the shopping center, [Individual businesses within the shop- ping center may not be advertise¢ thereon.] Said ground sign may not ex- ceed two hundred squat& feet in area, nor thirty feet n height and must be set back a minimum of twenty feet from all prop- erty lines. Individual businesses within Walter D. Roach the shopping center may be allowed ten- ant identification in a directory contained , being duly sworn, on oath says that he is the publisher or authorized within the identification sign pursuant to PostNews the following conditions: agent and employee of the publisher of the newspaper known as the (1) The shopping center name andhasfullknowledgeofthefactswhicharestatedbelow: identification must use thirty (30) percent or more of the square area of (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as the identification ground sign, provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (2) The tenant directory shall not exceed seventy (70) percent of the Ordinance ~To · square area of the identification ground sign. No individual tenant (B)Theprinted. identification sign within the dicecto- ry shall exceed twenty-eight (28) square feet. (3) The tenant directory shall not exceed five (S) individual business identification signs. (4) Al tenant identification s!gns shall be of uniform style, letter font,, which is attached was cut from the columns of said newspaper, and was printed and published once a week, for color and composition. Business Iogos a re not permitted. I We (5) No advertising or reader successiveweeks;itwasfirstpublishedon ,the da¥of beards shall be allowed on the tenant directory of the identification ground ' ~ ~-Tanu. ar'~ sign. ~ 19 , and was thereafter printed and published on every Section 2. Effective Date. The ordinance shall be effective upon its passage and publication. to end including the day of 19 , Dated the 27th day of Dec. ember, 1990. and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as he- Mayor lng the size and kind of type used in the composition and publication of the notice: Attest:/s/Valerie Leone abcdefghijklmnopqrstuvwxyz City Clerk (Boldface indicates new matter. BracKets [ ] indicates matter deleted.)~~ (Published in the New Hope-Golden Valley Po~tNews January 9, 1~91.) BY: General Manager TITLE: Acknowledged before me on 10th January 91 this day of 19. RATE INFORMATION 1. ?o (1) Lowest classified rate paid by commercial users for cum- $. parable space. (Line) (2) Maximum rate allowed by law for the above matter. $. (Line) · 62 (3) Rate actually charged for the above matter. $, (Line)