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1989 ORD ORDINANCE NO. 89-] AN ORDINANCE AMENDING APPENDIX C OF THE NEW HOPE CODE BY ESTABLISHING COMPENSATION RATE FOR PERSONNEL BOARD MEMBERS The City Council of the City of New Hope ordains: Section 1. Section 4 Subd. 2 of Appendix C to the New Hope Code is hereby amended to read as follows: Subd. 2. Meetings/Compensation. The board shall hold regular and special meetins as provided by its rules. All meetings and hearings shall be open to the publ~b~ Two members of the board shall constitute a quorum. Members shall me~e w&%h~ e~mpe~&~ b~ be paid only for those meetinqs at which certification interviews are conducted of perspective job applicants to fill 9xisting or future civil service positions for the City. Effective January 2, 1988 said compensation rate shall be $35.00 pe~ meeting. Effective January 2, 1989 said compensation rate shall be $75.00 per meeting. Members also shall be paid all necessary expenses. The board shall select a secretary to serve at its pleasure. The secretary must be a member of the board or an employee of the municipality. The board may authorize the payment of compensation to the secretary in a sum not exceeding $100 'per year. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 9th day of January , 1989. Ma~o-r Attest: City Clerk (Published in the New Hope-Golden Valley Post on the ]9th day of January , 1989.) POST PUBLICATIONS The City Council of the City of New Hopeordains: AFFIDAVIT OF PUBLICATION Seeflan l, Section 4 Subd. 2 of Ap- pendix ~C~b :theNeW Hope C~de is hereby amendedto ~:ead asfollows: Subd. 2. Meetings/Compensation. The board shall hold regular and special meetings as provided by'its rules. All meetings' and hearings STATE OF MINNESOTA shall be open to the public. Two COUNTY OF HENNEPIN ss. members of the board Shall con- stitute e quorum. Members shall [secve without compensation but] be paid only for those meetings at which certification interviews are canducted of perspective job appli- canl~ to fill existing, or future civil service positions for the City. Ef- foctive January 2, 1988 said corn: pensation rate shall be s35.0e per T~Talter ~D, P~.oach meeting. Effective January 2, 1989 said compenstion rate shall be , being duly sworn, on oath says that he is the publisher or authorized S75.~0 per meeting. Members elsa agent and employee of the publisher of the newspaper known as theNew Hope-Golden Valley Pos' shall I~e paid a necessary ex- andhasfullknowledgeoftbefactswhicharestatedbolow: penses. The board shall select a secretary to serve at its pleasure. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as The secretary must be a member of provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. the board or an employee of the municipality. The board may authorize the pay~nent of compen- Ordinance No. 89-1 sat)on to the secretary in a sum.not (B) The printed exceeding $100 per year. Section 2. Effective' Date. This Or- dinance shall be effective upon its passage and publication. Dated the 9tl~ day of January, 1988. /s/Edward J. Erickson Mayor Attest:/s/Carol E. Carlson 'which is attached was cut from the columns of said newspaper, and was printed and published once a week, for City Clerk (Published in the New Hope-Golden 1 Thursday 19th Valley Post on the 19th day of Janu- successiveweeks; it was first published on , the day of ary, 1989.) .......... January 89 ~ 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 T,T'E: General Manager Acknowledged before me on 20th January 89 this day of ., 19 ~'~'~'~' '~= HZN?~P;N COUNTY MY RATE INFORMATION 1.40 (1) Lowest classified rate~aidby commercial usersfor com- $. parable space. (Line) (2) Maximum rate allowed by law for the above matter. S.· 45 (Line). 45 (3) Rate actually charged for the above matter. $. (Line) ORDINANCE NO. 89-2 AN ORDINANCE AMENDING THE COLLECTION PRACTICES OF RUBBISH HAULERS BY PROVIDING FOR THE CREATION OF SPECIFIC COLLECTION ROUTES TO BE ESTABLISHED BY THE CITY The City Council of the City of New Hope ordains: Section 1. Section 8.143(2) "Routes" of the New Hope Code is hereby amended to read as follows: (2) Routes. ~aeh ~e~swr The City, under the direction of the City Manager or his designee, shall establish specific refuse and recycling collection districts and specific days of collection within these districts for all licensees. The purpose of this provision is to coordinate and facilitate same day collection within said districts throughout the City. Said coordination is necessary to encourage citizen participation in the City's recycling effort, to insure compliance with state mandates for solid waste management as set forth in-- Minn. Stat. Chapter l15A and to insure ~ompliance-- of the City's contractual obligations as a member of the Hennepin Recycling Group pursuant to the Joint and Cooperative Agreement for Solid Waste D--~sposal. Also, said coordination will be beneficial to the health, safety and welfare of New Hope citizens and streets by limiting the number of refuse and recycling vehicles ~sing said streets at any one time. The following considerations will be utilized by the City Manager or his designee to establish the collection districts: a. household counts within the districts; b. compatability with the licensees existing refuse collection stops to the extent possible; c. compatability with municipal boundaries to the extent possible; d. coordination with recycling collection to the extent possible. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 13th day of February , 1989. ' Mayor Attest: ............. City CIerk ...... (Published in the New Hope-Golden Valley Post on the 2nd day of . March , 1989.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN/ ss. City. and the c Walter D. Roach being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publ isher of the newspaper known as the ~Te~,THope-Golden Vel'lay and has full knowledge of the facts which are stated below: Po s tNews (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. 89-2 (B) The printed I: which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 1 Wednesday 1 st ~ fi ~ successive weeks; it was first published on the day of March 89 a. I h~n -- 19 , and was thereafter printed and published on every ¢~1- 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 end kind of type used in the composition and publication of the notice: abcdefghiiklmnopqrstuvwxyz 13th, da~:l;Of F?bi'uary~ BY: Mayor ~-~.~ General Manager Attest: Carol Et Cartsen TITLE: city ~ Acknowledged before me on ( Publishe~i~~ t ~:~ew- Hope-Golden Wi,ay ~o~ ~,f da¥,'of M~ 2nd March 89 198~9)... ~ .................... , , this dey of 19 Notary RATE INFORMATION ~ .~-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) (3) Rateactuallychargedfortheabovematter. $ · ~5 (Line) ORDINANCE NO. 89-3 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 11.118 REGULATING POSSESSION OF MARIJUANA The City Council of the City of New Hope ordains: Section 1. Section 11.118(8) "Exception. Possession of a Small Amount of Marijuana" of the New Hope Code is hereby amended to read as follows: (8) Exception. Possession of a Small Amount of Marijuana. Section 11.118 shall not apply to the possession of 42.~.grams or less of the non-resinous form of marijuana if prosecution under said section would be contrary to Minn Stat. §152.15, Subd. 2(a) and any-- subsequent amendments thereto. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the ]3th day of February , 1989. Mayor City Clerk (Published in the New Hope-Golden Valley Post on the 2nd day of March , 1989.) ·., POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ss. Walter D. Roach , being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as the I~le'~r Hope-Golden Valley Attest: COrolE. CarlsOn* - and bas full knowledge of the facts which are stated below: ~-.,Pr~ stNews City .Clerk'.'~?':~: , :: :, (P~'bti'sl~ed:ih~he ,NeW?Hepe?/.c.~olden (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as V~II,~ PO'f~t':~r~>~?ne~ 1'st '~,~r 'of Ni,~'ch, provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. · 1989:) .......... Ordinance No. 89-3 (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once a week, for Wednesday I st successive weeks; it was first published on the day of March 89 ~ 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 · ,T,E: General Manager AcknowJedged before me on 2nd March 89 this day of __, 19 Notary P~ RATE INFORMATION ~ .40 (]) Lowest classified rate paid by commercial users for com- $. parable space. (Line) .45 (2) Maximum rate allowed by law for the above matter. $. (Line) (3) Rateactuallychargedfortheabovemalter. S. · ZJr~ (Line) ORDINANCE NO. 89-4 AN ORDINANCE AMENDING NEW HOPE CITY CODE REGARDING LICENSING OF GARBAGE REFUSE TRUCKS AND THE FEE CONNECTED THEREWITH The City Council of the City of New Hope ordains: Section 1. Section 8.142(7) "Inspection" of the New Hope Code is hereby amended to read as follows: (7) Inspection. No license shall be issued or renewed until the vehicle to be licensed has passed inspection by the ~ystal City Sanitarian. For the purposes of this section, the Crystal Sanitarian has been apDointed as the inspector for garbage truck licensing pursuant to a ~oin~ powers agreement entered under authority of Minn. Stat. §471.59 by New Hope and Crystal. Section 2. Section 8.142(2) "Fee" of the New Hope Code is hereby amended to read as follows: (2) Fee The B~- Annual license fee shall be as prescribed in Chapter 14. Section 3. Section 8.142(3) "~wal and Expiration" of the New Hope Code is hereby amended to read as follows: (3) Renewal and Expiration. All licenses issued hereunder shall Be B~-a~a~ a~ sha~ expire on the 30th day of June ~ khe ~s~ ~a~ ~ Becem~e~ following its issuance. Section 4. Section 14.092 "Garbage and Refuse Collection License Fee" of the New Hope Code is hereby amended to read as follows: 14.092 Garbag~ and Refuse Collection License Fee. B~- Annual fee amounts for garbage and refuse collection licenses as required by Subsection 8.142 are as follows: (1) Collector's first vehicle ~5~88 50.00 (Code 072684, Ord. 85-31, 88-9) (2) Each additional vehicle of the collector 6=~ 25.00 Section 5. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 13th day of February , 1989. City Clerk (Published in the New Hope-Golden Valley Post on the 2nd _ day of __ M~rnh . _, 1989.) POST PUBLICATIONS AFFI DAVIT OF. PUBLICATION / STATE OF MINNESOTA cl, ~ ~in- COUNTY OF HENNEPIN / ss. Sanitari J as. licensing Stat. §~171 59 New HoP·and'Crystal'. '~ / ' Section~2..Section 8.142(2.t "Fee" Of~ Wa'l ter D · PLoach the New Hope Code..is hereby, amend-: being duly sworn, on oath says that he is the publisher or authorized edtoreadasf611ows; ..~- ~ : , ,~ (2)' Fee. ~he [Bi] Annual ~licens~'f~e agent and employee of the publisher of the newspaper known as the New Hope-Golden Valley Shal be as prescribed in CrrapTer and has full knowledge of the facts which are stated below: ~)O S 14. *Section 3." S~cft i or~ 8.;1~ [3) (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as "Renewal and ~Exgirat on;( Of* the provided by Minnesota Statue:331A.02, 331A.07, and other applicable laws, as amended. N~W HOper Code~ h~reby amended tp rea(~ as follows: (3) Re.e~,~..d ~x~ra, o. A,i Ordinance No. 89-4 shall (B) The printed [be ~xpire (DC the which is attached WaS cut from the columns Of said newspaper, and was printed and published once a week, for tion~ I Wednesday 1 s t lection, col successive weeks; it was first published on the day of (,.1 ~: .~,~ March 89 19 , and was thereafter printed and published on every y~h cie of ~,the 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( UpOn i tS lng the size and kind of type used in the composition and publication of the notice: Dated aay of Februa£y, ''! abcdefghijklmnopqrstuvwxyz (Published ~i"~he New Hope-Golden Valley~Posf On t6~ 1st dayof Makch - 1989,') '- ~ ...... BY: General Manager TITLE: Acknowledged before me on 2nd March 89 this day of ,19 Notary Pu~ RATE INFORMATION (l) Lowest classified rate paid by commercial users for corn- $ ·~0 parable space. (Line) .45 (2) Maximum rate allowed by law for the above matter. S. (Line) .4~ (3) Rate actually charged for the above matter. I;. (Line) ORDINANCE NO. 89-5 AN ORDINANCE AMENDING SECTION 10.415 OF THE NEW HOPE CITY CODE DEALING WITH "ON SALE, RESTAURANT" LICENSES The City Council of the City of New Hope ordains: Section 1. Section 10.415 "On Sale, Restaurant" Licenses of the New Hope Code is hereby amended to read as follows: 10.415 "On Sale, Restaurant" Licenses. On Sale restaurant licenses may be issued only to those establishments meeting the definitional requirements for a restaurant as set forth in section ~8~0~8 10.039 of this Code. A hotel as defined by Minn. Stat. 340A.101, Subd. 13 may also be issued an On Sale Restaurant, Class One license under this section. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the ]3th day of March , 1989. Attest: City Clerk (Published in the New Hope-Golden Valley Post on the 22nd day of March , 1989.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION Ho~e Ordains: Seetlea I. Sectio~ 10;415 "O~t Sale, I~ell~erant- Liee~es ~ t~ New H~ C~e is h~eby amend~ to re~ - ~TATK MINN~TA ~~rls~censes.'~On Sale, Restaurant,, On ,Sale restaurant COUNTY ~ H~NN~IN li~en~s may ~ ISsu~ ~ly to th~ · ,~m~ r~mre~n~ ~ a resta~- ~ay al~ ~ i~ an Oh SaFe Res- ~rant, CI~s One Iicen~ U~r m~ce ~ be ~;~. ~ ,~ingdulysworn, onoeth~yst~sthe~sthepubli~er~eut~oriz~ Oat~ the '~h de, Of Merch, 1~. P and has full know,~ ~ the facts which are stat~ ~low: May~ - . - E AWesI: b (A) The new~aper has compli~ with all ~ the r~uirements c~stituting qualificati~ as a qualifi~ new~a~r, as City C~erk, ~ C provid~ by M~nne~ta Statue ~1A.02, 331A.07, and other a~licable laws, as amendS. F (~dface indicates underlin 2~~, [b~mckets] in~icste ma.:? c, 0rdin~ce No. 89-5 '~ ~ a~let~.) ..er p (B) The print~ V (.~ublis~ in the ~w Ho~-Golde P~ w~ic~ is afl,chad wes cut from the column~ ~ ~id new~e~r, end w~s printed end ~ublished ~ce · w~k, for March 89 ~ 19 , and w~s thereafter printed end publish~ on every to ~nd including the d~y ~ 19__ end printed ~1~ is lng the size mhd kind of ty~ u~d in the com~siti~ end publication of the notice: ~defghi jklmno~rstu~xyz Gene~l ~ager TITLe: AcknowJedged before me on RATE INFORMATION (1) Lowestclassifiedratepaidbycommercialusersforcom- $ 1 eaO 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. 89-6 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY REZONING CERTAIN INDUSTRIAL PROPERTY FROM "I-2" GENERAL INDUSTRIAL TO "I-l" LIMITED INDUSTRIAL The City Council of the City of New Hope ordains: Section 1. section 4.35 "Extent of I-2 General Industrial District" of the New Hope Code is hereby amended by amending subsection (1) to read as follOws: (1) That pa~t The south 330 feet of the northwest 1/4 of Section 8-118-21, lying 145 feet west of the east line of the SW 1/4 of the NW 1/4 thereof and lying 160 feet east of the west line of the SE 1/4 of the NW 1/4 thereof, se~th ef the See ~e Ra~a~ ~½t-ef-way a~ ~4~ feet the~eef~ Section 2. Section 4.35 "Extent of I-2 General Industrial District" of the New Hope 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, te~et~e~ w~th &~ ef the ~e~thwest ~4 ~f the 46~ feet a~ ~e~th ef the fe~ew~ aese~be~ ~e~ feet ~o~th of the southwest eo~e~ the~eof~ the~ee east the scathe&st ee~e~ the~eef? except for the east 50 feet of that part of Lot 9, Auditor's Subdivision No. 324 lying west of a line running from a point on the north line of said Lot 9, distant 192.3 feet east from the northeast corner of Lot 7 of Auditor's Subdivision No. 324, to a point on the south line of Lot 9, distant 650.6 feet east from the southwest corner of the northwest 1/4 of Section 7-118-21 and north of the south line of Lots 7 and 8 extended. Section 3. Section 4.34 "Extent of I-1 Limited Industrial District" of the New Hope Code is hereby amended by adding subsection (9) to read as follows: (9) That part of the northwest 1/4 of Section 8-118-21, lying south of the Soo Line Railroad right-of-way and west of the Minneapolis, Northfield and Southern Railroad right-of-way, except the south 330 feet of the northwest 1/4 lying west of the east 1139.6 feet thereof. Section 4. Section 4.34 "Extent of I-1 Limited Industrial District" of the New Hope 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 we~% 46~ ~ee~ ~ 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. Section 5. Section 4.28 "Extent of High Density Residential District" of the New Hope Code is hereby amended by amending subsection (16) to read as follows: (16) The south ~4 330 feet of the southwest 1/4 of the northwest 1/4 of Section 8-118-21, e~eep% lying west of the east 145 feet &~ e~eep% the ~em%h ~8 ~ee% thereof. Section 6. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the ]0th day of April , 1989. / Ma~6 r~ Attest: ~~j~~. . ~lty Clerk (Published in the New Hope-Golden Valley Post on the 19th day of April , 1989.) ""°' PUBLICATIONS P"O.E T , IDAVIT OF PUBLICATION The City Council of th~e-Ci~i, 0f New~ H ope ordains: I. _S~-~-fiea 4.35 "EXtent' OF 'z ~r~l I~ustri~l Distri~,, OF t~e New Ho~ C~e is hereby ~m~ amending sub~ion (1~ to r~ by 4 ~llows: ,--- as. (1) [That pa~] ~e ~u~ the no~hwest ~/~ of 21. lying li~ of ~e t~f a~ Iyi~ )60 ~e ~5t line of ~ NW 1/4 Line west ~ the thfield and - right.f-way, g duly swan, on oath ~YS that he is the publi~er or authoriz~ t,e ~uth '/, ~le'~Ho~e-Golden Valley the said no~hwest ¥ ~f the flew~a~r kn~n as the ~ the no~h ~ feet ,ich are stat~~1~: -- --~ POS ~ew~ east 1~ t thereof, l all ~ the r~uirements constituting qualificati~ as a qualified new~a~r, as I-2~i°n~neral 'l~ustriaO~Tm°n and other applicable laws, as amend~ . . New H0~ C~e i amending subset , fol'o~: NO. 89-6 (6) Ail of the southwest no~hwest ~ of S~ti lying east of the '. there., [t~ether , no~hwest V~ OF the all ~ the of said West ~rfeet a east of the ~/ng described line~ north mn~ at a ~int on the,~we~ ..L . line: ~he columns ~ said newest, and was printe~ and published ~ce a w~k, f~ Smd no~hwest ~/~ ~ * ~ ,i.e Or the ~ -- -~e --uthwest -~, uyWea-esaa- of ~g%es'~ri~ Ii'~:~ .................. -'~ · the day of lng at a point on the west line ~ 1 said northwest ,/a of the ~uthwest L , 9 8~_ , and was thereafter ~rint~ and published onevery t~er~f,] except for the east ~ f~t ~ that part of Lot 9, Auditor's to and including t~ day of ,19. Subdivision No. 324 lying west,of a and printed ~low is a copy of the lower ca~ alpha~t from A to Z, both inclusive~which is hereby ackn~ledged as line running frdm a point on the mg the size and kind ~ ty~ u~d in the com~sition and publicati~ of the notice: north line ~ said Lot 9, distant 1~.3 f~t east from the northeast a~d~ghiiklmn~qrstu~xyz corner ~ Lot 7 ~ Auditor's Sub- division No. 324, to a point on the feet east from the ~uthwest cor-,? net ~ the no~hwest Va OF ~ction ~ 7-118-21 and no~h OF the ~uth line ~ Lots 7 and 8 extended. ~ction 3. ~ction,~4.34 "E~t of BY: I-1 Limit~ I~ustrbl Di~rict"d th& New Hope C~e is hereby amended by ~} adding sub~ction (9)to read as General M~age~ foll~: : TITLE: (9) ~t ~ of ~e '~V~ ~ ' ~n ~11~21, lying ~u~ ~ the Acknowledged before me on ~ ~ne Railed ,~ight~f-way.~ and we~ OF t~ ~nea~lis,No~: ~: ~field and ~6~m'Rail~d ,~ ~th April 89 right.way, eX~ ~e ~u~r~ j this day of 19 f~t ~ ~ ~west 1/~,lYi~/~: ~ ~~ of~eeastll~.6,~t~r~.~ ':/ ~ Limit~ Industrial Distrid" 0f the' amending sub~ctionr ~:~)~'~f~d ~ :~ ~~~ NO T~'~l.~ ~E~ (4' The west .1 feet ~.,th~:'~uth~est ~ HSNN2P~N COUN~ t/~ ~ the northwest t/4 of Se~io~ ,7-1,8-21, together with [the west ~ ~ MY ~l f~t ~] the northwest V~ ~ the . - - ' ~ - - ~uthwest V~ of said ~Ction fying no~h of the (ollowing de~ribeU line: Commencing at a point on the west ine d sa d hor)hwest ~/~ of the southweSt~'~/~, :a d(~nc~ ~ ~ INFOR~&TION corner there; t~ce ea~*,te'a (1) L~est ~int on the ea~ line ~.~a~d perable~ece. (Li~e) flo~hwest Yd of t~ ~ufhw~ t/~ e distance ~ 527.4 f~t ~h ~ the ~utheast cor~er there.. (2) ~aximum rate all'ed Dy law for the a~ve ma~er. S ~ 5. ~i~ ~.28 "E~ent of (~ine) High ~nsi~ R~i~ntbl ~st~d" ~ Rat t the New H~ C~e is hereby amend. (3) eec ually charge~ ~or thea~ve maker. S ed by amending sub~ction (16) to (Line) read as foll~s: (16) The ~uth [V~] ~0 ~t of the ~thwest Va ~ the no~hwest ~/~ OF Section 8-118-21, [except] lying ~st of the east 1~ f~t [and ex- cept the n~h ~ f~t] there., ~n ~. E~ive ~te. This Or- dinance shall ~ effective u~n its passage and publicati~. Dat~ the 10th day of Apr ii, 1989. Mayor ORDINANCE NO. 89-7 AN ORDIN.ANCE CODIFYING THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE The City Council of the City of New Hope ordains: Section 1. Section 2.50 "The Economic Development Authority In and For the City of New Hope" including subsections 2.501 thr'ough 2.505 of the New Hope Code is hereby added to read as follows: 2.50 The Economic Development Authority In and For The City of New Hope. 2.501 Purpose. An enabling Resolution No. 89-I was adopted March 27, 1989 establishing the Economic Development Authority In and For The City of New Hope. Said Resolution was adopted after the close of a duly noticed public hearing. The purpose of this section is t__qo provide and codify the rules and regulations for the operation of the Economic Development Authority in and for the cit~ of New Hope, Minnesota pursuant to the-- enabling Resolution. 2.502 Short Title. The Economic Development Authority in and for the City of New Hope, Minnesota may be referred to as the New Hope EDAm. or, by context permitting adequate identification with the City of New Hope, the EDA or Authority. 2.503 Composition and Terms. The Commissioners of the EDA shall be appointed as follows: (1) Length of Term. Each member of the City Council shall be appointed as a Commissioner of the EDA for a period coinciding with the unexpired term of the ~ouncil person. (2) Termination of Term. The term of office of any Commissioner shall terminate upon the Commissioner ceasing t__o be ~ member of the City Council for any reason. 2.504 Compensation. Each Commissioner shall be entitled to receive necessary expenses, including travelin~ expenses, incurred in the performance of his duties and shall be paid $25.00 for each regular or special meeting attended, not to exceed $1,500.00 per annum. 2.505 Statutory Provisions. The statutory provisions of Minnesota Statutes, Sections 469.90 throuqh 469.1-~8, as amended from time to time shall govern the actions and operation of the Economic Development Authority. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 27th day of March , 1989. / ~ ~r Attest: /~~ C~i y Clerk (Published in the New Hope-Golden Valley Post on the 5th day of April , 1989.) ORDIN~N~:£ NO. ~-7 AN ORDINANCE CODIFYING THE ~ ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AUT,OR,TY ,, A, DFOR POST T.E c,. OP.EW.O. PUBLICATIONS The City Council ~ t~e City~ New flb~ ordains: , . -,. '==- AFFIDAVIT OF PUBLICATION ~mlc ~ve~t A~ri~ In a~ For ~e Ci~ of New ~" including ' j ~b~ti~ 2.~1 through 2.~ ~ the' N~ Ho~ C~e is h~eby add~ to . read as foll~: ~ . ] 2.50 The Economic ~velopment J STAT~OF~INN~TA ~ A~i~ In a~ For ~ Ci~ of ~ SS. New ~. . ) COUNTY OF HENNEPIN 2JOI Pur~. ~ eaabli~ 'Re.lo- tion No. 19-- was adopt~ .~, ~rch 27, 1~ establi~ing ~e [ L :, ori~ In a~ F~ ~ Ci~ of ~: N~ ~. h~ R~l~i~ was ~. a~pt~ afl~ h clm ~ a duly ~?~ Mti~ public h~ring. ~e .:.~)~;~'m,~,~,,,~.,.s.~ Wal~er D. Roach ,~ingdulysw.~h~sthathei~he,u~is~r~th~a. ~ope-~o~en va~ey ":~, the Economic ~vele~ment ~?~ ~ A~rl~ in a~ br ~ Ci~ ef agent and employ~the~ubli~er ~the ne~a~r kn~ as the ;~'~ ?.~ New Ho~ ~n~ta ~nt and has full kn~l~ ~ the facts which are stat~ ~l~: ~os~J~ews ~2 ~d Title. ~ E~mic ~ (A) The n~aper has compli~ with all ~ the r~uirements c~stituting Qualification as a qualifi~ new~a~r, as :~'~:'~.~?.~ re.proeM A~H~ in a~ ~ provid~ by ~Snne~ta Statue ~1A.02, ~1A.07, and olh~ applicable ta~, ~ amendS. ,:'L~'~ Commissio~rs of the EDA . U) Length of Term. Each mem~r of ~ caw ~uncil ~ , ~11 ~ ip~Jnted il I which is aflached was cut from the columns of Mid new~a~r, and was print~ and publi~ed once a w~k, ~ ~mmiss~r ~ t~ EDA h U~XpI~ ter~ of t~ succe~ive w~ks; it was first publish~ on bncll t~m ~ Off~ ~ Iffy ~m- 19 , and was thereafter print~ and publish~ ~ every missioner shall terminate ' ~:.~ upon the Commissioner ee Cl~ ~uncll ~r I~ ~ toandincludingthe dayof ~!9 , r~. ~ and print~ ~1~ is a c~y 2~04 ~m~nMtl~. Each ~mmls- ingthesizeandkindofty~u~dinthecom~siti~andpublicationofthenofice: iioner shall ~ entitled to receive ~es~ry ex.nils, a~defghiiklmn~rstu~yz .. incl~l~ tra~llng ex,nm, I~ur~ In ~ ~rman~ ~ : S25.00 for ~ch regular or s~ial m~ting afle~, ~t to exC~ S1,5~.*~ ~r annum. 2J05 Sta~o~ p~visions. ~ statu- 1~ p~vis~ ~ Minute BY: S~tut~, ~ Mg.N ~ugh ' ~.1~, as ame~ f~m time to time ~11 ~ve~ ~ a~ions ~e~e~ ~e~ a~ o~atbn of ~ E~mic TITLE: ~ve~p~t AuhH~. .~.,~ion 2. E~ive hte. This Or- A~nowledged be~ore me on ~ dinance ~all ~ eff~tive U~n City Clerk ~ (~ldface indicates' new material, Notary Public brackets [ ] indicates deleted material) - : ':..: ' ' (Publish~ in t~e NEW H~-Golden Valley P~tNews on the 5th day ~ ~. ~ ~ ~.~ ~ ~ April, 19~.) ~: ~'/' ' ~?,.: COUN~ RATE INFORMATION 1.60 (1) Lowest classified rate paid by commercial users for com- parable s~ace. (Line) (2) Maximum rate allowed by law for the above matter. $. (Line) e~.~5 (3) Rate actually charged for the above matter. S (Line) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ss. i, ~ Walter D. Roach , being duly sworr~,on oath ~%vs that he i~the~ul~lisher or~uth~rized agent and employee of the publisher of the newspaper known as the ~ew ttope-L~o£cten vaJ. J. ey has full knowledge of the facts which are stated below: and 2.$02 (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B) Theprinted Orctina~ce NO. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 1 Wednesday 5th f 'L~I Successive weeks; it was first published on , the day of April ,19 89 ,and was thereafter printed and published on every o! to and including the day of ,19. reIsofl, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- 2,10 mil- lng the size and kind of type used in the composition and publication of the notice: rtO abcdefghiiklmnopqrstuvwxyz I.-Of 8¥: General Manager 7~7L5: Or- Ack.ow~edged before me o. ,, ,9.,. 6th April 89 this day of 19 Mayor ~~' Attests: · ~City Clerk (~oldface indicates' new material, Notary Public brackets [ ] indicates deleted ~Publlshed in the New Hope-Golden . · Valley Pos~News~on the $th day ~ ~ :-~: - ~,-~'. ~ .' ~~M~NNESOTA RATE INFORMATION 1 ./~0 (1) Lowest classified rate paid by commercial users for corn- $. 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. 89-8 AN ORDINANCE AMENDING NEW HOPE CODE § 4.033 (4) BY MODIFYING THE LANDSCAPING REQUIREMENTS FOR SEMI-PUBLIC AND INCOME PRODUCING PROPERTIES The City Council of the City of New Hope ordains: Section 1. Section 4.033 (4)(b)(i) "Minimum Plant Sizes" of the New Hope Code is hereby amended to read as follows: (i) Minimum Plant Sizes. All plants must equal not less than the following minimum sizes: Potted/ Balled/ Bare Root Burlapped Shade Trees* 1 3/4" dia. 2" Russian Olive, Hawthorn etc.) Evergreen Trees -- 3-4 ft. Tall Shrubs and Hedge material (evergreen or deciduous) Low Shrubs - deciduous ~ gallon ~8-~4 ~_3 ~allon ~4-~0 ~ehes evergreen 18-24 in. 24-30 inches spreading potted 18-24 inches evergreen Type and mode are dependent upon time of planting season, availability, and site conditions (soils, climate, ground water, man-made irrigation, grading, etc. *All boulevard trees must be not less than 2 1/2 inches in caliper. Section 2. Section 4.033 (4)(b)(ii) "Spacing" of the New Hope Code is hereby amended to read as follows: (ii) Spacing. (aa) P~&~% ma%e~a~ Trees shall not be placed closer than kh~ee five feet from the fence line or property line and shall not be planted to conflict with public planting. (bb) Where plant materials are planted in two or more rows, plantings shall be staggered in rows unless otherwise approved by the City. (cc) Deciduous boulevard trees shall be planted not more than forty feet apart. (dd) Tree-like shrubs shall be planted not more than ten (10) feet on center. (ee) Large deciduous shrubs shall be planted not more than five (5) feet on center. (ff) Narrow everqreens shall be planted not more than three (3) feet on center. ~ !~) Where Massing of plants where e~ screening is intended, large deciduous shrubs shall not be planted more than four feet on center, and/or, evergreen shrubs shall not be planted more than three feet on center. Section 3. Section 4.033 (4)(b)(iii) "Types of boulevard/ street trees" of the New Hope Code is amended by deleting subsection (bb) in its entirety and amending subsection (aa) to read as follows: (iii) Types of suitable boulevard/street trees. The only trees permissible for planting on the public right-of- way shall be as follows: Aee~ s&eeha~m $~&~ Maple · ~a ame~ea~a Ba~wee~ +Ame~ea~ ~a~eee~a%a MaP~ha~+ ~ym~e~a~ ~e~s~ ~e~e~ ~fee ~ee Ash: Fraxinus pennsylvanica 'Patmore' Fraxinus pennsylvanica 'Summit' Linden: Tilia Cordata 'Greenspire' Tilia Cordata 'Redmond' Maple: Acer platanoides 'Norway' Acer platanoides 'Royal Red' Acer Saccharum 'Sugar' Oak: Quercus palustris 'Pin' Quercus Rubra 'Northern Red ' Section 4. Section 4.033 (4)(b)(iv) "Design" of the New Hope Code shall be renumbered 4.033 (4)(b)(v) and subsection (aa) shall be amended to read as follows: (v) Design. (aa) The landscape plan must show seme a form of designed site amenities, (i.e. composition of plant materials, and/or creative site grading, decorative lighting, exterior sculpture, etc., which are largely intended for aesthetic purposes). Section 5. Section 4.033 (4)(b)(iv) "Suitable Plant Material" of the New Hope Code is hereby added to read as follows: (iv) Suitable Plant Material. The following plant material is permitted for planting except on the public right- of-way where only the trees identified in § 4.033 (4)(b)(iii) may be planted: (aa) Evergreen Trees. Four (4) o__r five (5) feet in height as follows: Abies Concolor Concolor on White Fir Pinus Nigra Austrian Pine Pinus Resinosa Red Pine Pinus Strobus White Pine Pinus Sylvestris Scotch Pine Picea Glauca White Spruce Thuja Occidentalis "Pyramidalis" Pyramidal Arborvitae Picea Pungens Galuca Colorado Blue Spruce Picea Glauca Densata Black Hills Spruce (bb) Narrow Evergreens Juniperus Scopulorum "Welchi" Welchi Juniper Juniperus Virginiana Pyramidalis Hilli Dundee Juniper Juniperus Chinesis Blue Column Chinese "Pyramidalis" Junipe~ Thuxa Occidentalis Columnar Giant Arborvitae Taxus Cuspidata Japanese Yew Thuja Orientalis Oriental (Siberian) Arbor Thuja Occidentalis "Techny" Techny Arborvitae Junperus Chinesis "Southerly" Southerly Juniper (cc) Spreading Evergreens Juniperus Sabina Savin Juniper Juniperus Chinesis "Maneyi" Maneyi Juniper Juniperus Chinesis Pfitzer or Blue "Pfitzeriana" (Blue) Pfitzer Juniper Juniperous Sabina Savin Juniper Juniperous Hetzi Hetzi Juniper Juniperous Virginiana Silver Spreader Juniper Taxus Cuspidata Japanese Spreader Juniper Juniperus Horizontalis "Plumosa" Andorra Juniper (dd) Small Trees Malus (varieties Flowering Crabapple Lilac (Syringa Amurensis Japonica) Japanese Tree Lilac ~aple (Acer Ginnala) Ginnala Maples Canada Red Cherry Prunus Virginiana Amur Chokecherry Prunus Maacki (ee) Large Deciduous Shrubs Physocarpus Opulifolius "Aureus" Goldlead Ninebark Viburnum (Varieties) Viburnum Syringa (Varieties) Lilac Cotoeaster (Varieties) Cotoneaster Liqustrum (Varieties) Privet Rhus (Varieties) Sumac Hamamelis (Varieties) Witchhazel Loniceral (Varieties) Honeysuckle Philadelphus (Varieties) Mockorange Prunus Cistena Purple Leaf Cherry (ff) Large Deciduous Trees Fraxinum pennsylvanica "Patmore" Ash Fraxinum pennsylvanica "Summit" Ash Tilia Cordata "Greenspire" Linden Tilia Cordata "Redmond" Linden Acer platanoides "Norway" Maple Acer platanoides "Royal Red" Maple Acer Saccharum "Sugar" Maple Quercus palustris "Pin" Oak Quercus Rubra "Northern Red" Oak (gg) Groundcover (used in hard to maintain areas or in areas where an attempt is being made to prevent erosion) Ajuga Genevenisis Geneva Bugle Eunonymus Fortunei Purpleleaf Winter- "Coloratus" creeper Eunonymus Polygonum Reynoutrea Fleeceflower Pachysandra Terminalis Variegata Japanese Pachysandra Potentilla Tridentata Potentilla Sedum Acre Live Forever or Myrtle Section 6. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 8th day of May, 1989. MaF~r~- At'test: ~~~ C~ty Clerk (Published in the New Hope-Golden Valley Post on the ]Tth day of May , 1989.) ORDINANCE NO. 89-8 AR ORDINANCE ~MEHDIMG N~W HOPE CODE .,.0. ,., M.I.IN MD API" POST PUBLICATIONS : AFFIDAVIT OF PUBLICATION C~y Co~ncL~'o~ ~e~ ~ o~ ~e~ ~oge _~ction 1. Section 4.0~3 (4)(b)(i) -Minimum ~aqt Sizes" Minimum plant Sizes. Ail plants must equal not'less ~f 0 l~min f mum sizes: INNE~TA ~s. ~n~/ HENNEPIN potte~/ Bare Roo~ Burlappe~ 1~ dia. 2" Shade Trees* Russia~ Olive~ Hawthorn etc.) -- ~-4 ft. Evergreen Trees Tall Shrubs and Hedge ma%oriel (evergree~ or deciduous) Low Shrubs deciduous 3 ~ ~8-~4 ~= 3 spreading ~tted 18-24 inches ~ing duly swab, on oat~ysthat~st~p~blisherg~au~iz~ ~ mew nope/~o~en va~ey evergreen ~,~thepublisher~the new~a~r known as the -- Type and mode are dependent upon time of planting Ige~thefactswhicharestat~l~: ~Os~News season, availability, and site ~nditions [s6ils, climate, ground water, man-~de irrigation, grading, r has compli~with all of the r~uirement5 c~stituting qualification as a qualified n~a~r, as etc. ~ta Statue~lA.02,~lA.07, and other applicablelaws, asamended. *All' boulevard trees ~st be not less than 2 1/2 inches ~. ~.~.~. Ordinance No. 89-8 Section 4.033 {4)(b)(ii) -~" of the Section 2. Mope~e ~ereby amended to read as follows: with ~bliC p ' g' (bb) where plant ....... 1 .... planted ~. ~ ........ We~esday rows, .plantings shall be 'staggered in rows unless (cc) Deciduous boulevard ~rees shall De planted no~ ~ ~ 89 ~f~ cent~r~ __ toand includingthe day~ 19. ~ deciduous shrubs shall be ~ no~ more a COpy (ee) than f~e~c~ '~ ~ f ty~ u~d in the com~iti~ and publication of the notice: (ff) Narrow ~ shall be ~ no~ more than abcdefghijklmn~rstu~yz ~(3) fee ~r~ %~+ ~ Where Mass~ng of planus where ~ screening is intended, large deciduous s~ shall not be n 4 ~33 (4)(b)(iii) "T. es_o~U~evard~ Section 3. Sectio - ~-de is amended by deleting . stree~Of th~=Ne~T~t~Uand .... ding subsection ( ..... ~c~o. ~, ~ ......... General M~ager read as fcklows: - TITLE: ulevard/s:reet trees. The s of sultabie bo - l'~i hr-of- (iii) ~~ ~ ~ leon tr. ees ~o~s' ~ sha~ '~ ' 6~ek~e b~aba +ma~e e,ee RATE INFORMATION Fraxx~%~ ~ ~t~re'_ · (Line) Tilia Cordata ~ (Lifie) Linden: ~~ ~nd' Acer ~ ~ ~ce~ latano~des ~ · (Line) kce~harum SeCC[O~ ~' Sect[on &.O~3 [4)( 4)[b)(V) andsubsection (aa) Rope c~e shal~ be renumbered ~.~33 ~ shall be amended %o ~ead_ as follOWS: n must show se~e ORDINANCE NO. 89-9 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY ESTABLISHING A FORMAL SITE AND BUILDING PLAN REVIEW PROCEDURE The City Council of the City of New Hope ordains: Section 1. Section 4.039A "Site and Building Plan Review" of the New Hope Code is hereby added to read as follows: ~4.039A Site and Building Plan Review. To insure that the purposes of this Code are adhered to, it is hereby determined that a comprehensive review of site, building and development plans shall be made by the New Hope Planning Commission and approved by the New Hope City Council prior to the issuance of any building permits by the Building Official pursuant to the procedure established by this section. (1) Approval Required. None of the following actions shall occur and no building permit or certificate of occupancy shall be issued unless such action shall be in complete accord with site and building plans that have been approved as provided in this section. Actions which shall require approval of building and site plans shall be: (a) Erection of a building or buildings. (b) Moving of a building or buildings to a location or locations within the City of New Hope. (c) Changing the use of a building or parcel from one type of land use to another. Changes in occupancy envisioned by this section shall include office to retail, warehouse to assembly, retail to restaurant and similar actions that result in a different intensity of use. (d) Modification of or additions or enlargements to a building, or buildings, accessory site improvements, and/or land features of a-- parcel of land that result in the need for additional parking. (e) Grading, site preparation, and removal or placement of soils, rock and concrete material. (2) Exceptions To Review. The following shall be excepted from the foregoing requirements: (a) New on-site construction of detached single R~ double family residential structures, or uses or structures accessory thereto. (b) Modifications, additions, or enlargements which do not increase the gross floor area of the building by more than ten ~ercent (10%) and which do not involve a variance from the provisions of this Zoning Code may, at the discretion of the City Manager be exempted from some, or all, of the procedures for building and site plan approval. In these instances an administrative Site Plan Review shall be performed and suitable documentation of such be placed in the property file. The City may require such improvements as deemed necessary to meet the intent and standards o__f this Code and to maintain or improve the quality of the existing site plan. (c) Changes in the use of leasable space in multi-tenant buildings where the change of tenant does not intensify the use of such space nor require additional parking or result in an inability to maintain the required performance standards. (3) Standards For Review. In making recommendations and decisions upon site and building plan review applications, the staff, Planning Commission and City Council shall consider the compliance of such plans with the following standards: (a) Consistency with the various elements and objectives of the City's ~ong range plans, including but not limited to the Comprehensive Plan. (b) Consistency with the purposes of the New Hope Code. (c) Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring developed or developing areas. (d) Creation of a harmonious relationship o__f buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development. (e) Creation of a functional and harmonious design for structures and site features including: (i) Creation of an internal sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors, and the general community. (ii) Appropriateness of the amount and arrangement of open space and landscaping to the desiqn and function of the development. (iii) Appropriateness of the materials, textures, colors, and details of construction as an expression of the design concept of the project and the compatibility o__f the same with the adjacent and neighboring structures and functions. (iv) Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parkinq so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. (f) Creation of an energy-conserving design throuqh desiqn, location, orientation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading. (g) Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses. (4) Procedures For Review. All applications for site and building plan review shall be submitted on forms prepared by the City, documented by information as requested in said forms and processed pursuant to the procedures set forth in § 4.20 et seq. of this Code. (5) Plan Agreements. All site and construction plans officially submitted to the City shall be treated as a formal agreement between the applicant and the City. Once approved, no changes, modifiCations,__°r alterations shall be made to any plan detail, standard or specification without prior submission of a plan modification request to the Building Official for his review and approval. Section 2. EffeCtive Date. This Ordinance shall be effective upon its passage and publication. Dated the 8th day of May , 1989. Ma~o~ Attest: Cl~ Clerk (Published in the New Hope-Golden Valley Post on the ]Tth day of May , 1989.) ail, decisions preparation, FI velopingareas. (g) 'Protection of adjacent and · or (d) .Creation of a harmonious neighbering properties through ~ in- relationship of buildingsand open reasonable- provisions for such the spaces wifh.'the terrain and With . mat~ers as surface w~ter existing and future buildings hav- . drainage, S~und ~ncl sig~ buffers, lng a visual relationship to the pre~servatien Of views, light and previsions of proposed cleyelopment air,~and those aspects of.design~ · ~r ~r 4 'at~ the (e) Creation of a.functfonal and rLot adeq~tely covered by' ofhef · armonious design for structures regulations, which may have i~er~ au~g/ized afidsitefeatUresinclnding: su~stahtial~ffe~tson nelghb6ring $ vaJ..L.e~r ( i) Creation of an internal land~ses. sense, of Order fo~ the '~arious (4) -Procedures For Review;All functions and buildings on the sit~ ~ applications for site and I~uilding and provision of a desirable e~- plan~ reView shall be submitted On ~-~ newspapar, as of ~ vironment for oCCupants, visitors, f0r~hs prepared by the CiJy, and the generalcommunity; documented .by information a~ re- :~ ii) Appreprialeness of the quested in sa'id forms and preEes~.KI amount and ari'angement of open pursuant to the procedures set,forth space and Ibndscaping tO,rthe design and function of ~he devel- ~ ~ (~) -Plan Agreements/ All s~e quality. 0fthe op~ent. ' 'and Construction plans officially (iii) ,Appropriateness ~f.the submiffed in the use of materials, textures, celo~s, and treated as a formal agreement be- leasable sGice in multi-tenant details of construction as' an ex- ~:tween the appficant and the City. buildings Wh~re ffi&' ~hbitg~ t~f tu~ pression of ~he~ design concept of Gn~e approved, no changes, modi- nant does not intensity the use of the project and the ,,~...mtG!~tibility fieafiohs, or alterations ,shaft be such- Space nor require additional of the s~me with th~:adj~nt and made to any plan detail, *standa.rd. )nco a week, tot parking or result in an inability to neighboring structures ~ func- or SPecification without prior suo- maintain the regu'ired: Perfor- ' ~ missio~ Sf mndification re- I 7t~'~ tigris. mancestundards, nv) Adequacy of:'~ehJcUlar, his day of /in - (31 Standards' P~r Review. in · cycling and' pedestrian circula- making recommendations and non, including walk~ays, interior Or- y to and including the ~ 19 , and printed below is a copy of the lower case alphabet from. A h /S/ -~ owledged as be- lng the size and kind of type used in the composition and pubficath Mayor Attest: abcdefghi kl~Jl~no~xi /S? David J. Donehue City Clerk (Published n-the New Hope-Golden ~ws May 17, 1989.) General Manager TITLE: Acknowledged before me on ~. 18th May 89 thisday of 19 RATE INFORMATION (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 maller. (Line) ORDINANCE NO. 89-10 AN ORDINANCE AMENDING THE NEW HOPE CODE BY ESTABLISHING A RECYCLING PROGRAM AND PROCEDURES FOR PAYMENT OF SAME The City Council of the City of New Hope ordains: Section 1. Section 1.117A "Carryout Collection Service" of the New Hope Code is hereby added to read as follows: 1.117A Carryout Collection Service. Carryout collection service means the collection of recyclable materials accumulated in recycling containers from a location at a dwelling unit other than the location designated b__y the recycling authority for regular collection. Section 2. Section 1.155 "Garbage" of the New Hope Code is hereby amended to read as follows: 1.155 Garbage. "Garbage" means putrescible animals and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, and from the handling, storage and sale of produce, but does not include recyclable materials. Section 3. Section 1.195 "Permanent Waste Containers" of the New Hope Code is hereby amended to read as follows: 1.195 Permanent Waste Containers. "Permanent waste containers" means a container of galvanized iron, plastic or non corrodible material with a close- fitting cover, roden and fly-proof, non-absorbent, and leak-proof, of the type commonly sold as a garbage can, of suitable gauge and construction to insure durability and with suitable handles on can and lild and of a capacity not less than ten gallons nor more than thirty gallons, but does not include recycling containers. Section 4. Section 1.208A to 1.208E of the New Hope Code are hereby added to read as follows: 1.208A "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or usinq them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. 1.208B "Recyclable materials" means materials that are ~eparated from mixed municipal solid waste for the purpose o__f recycling, including paper, glass, metals, automobile oil, and batteries. Refuse derived fuel or other material that is destroyed bY incineration is not a recyclable material. 1.208C "Recycling authority" means the administrator of the Hennepin Recycling Group. 1.208D "Recycling container" means a receptacle designated by the recycling authority for the accumulation and collection of recyclable materials at a dwelling unit. 1.208E "Recycling services" means recycling collection services, carryout collection services, and any other services provided to a dwelling unit in accordance with this Code. Section 5. Section 1.209 "Refuse" of the New Hope Code is hereby amended to read as follows: 1.209 Refuse. "Refuse" means all putrescible and nonputrescible solid wastes (except human body wastes) including but not limited to rubbish, Christmas trees, and ashes which normally result from the operation of a household and also including anything when placed in waste containers, one average man can lift easily. Sod, dirt, rocks, cement, other trees and construction material are not considered collectable refuse under the terms of this Code if their weight, when placed in waste containers, is heavier than one average man can lift easily, but does not include recyclable materials. Section 6. Section 1.213 "Rubbish" of the New Hope Code is hereby amended to read as follows: 1.213 Rubbish. "Rubbish" means nonputrescible solid wastes (excluding ashes), consisting of both combustible and non-combustible wastes such as paper, cardboard, tin cans, ya~ e~pp~? wood, glass, bedding, crockery and similar materials. Section 7. Section 1.246 "Waste" of the New Hope Code is hereby amended to read as follows: 1.246 Waste. "Waste" means garbage, refuse, or rubbish but shall not include reusable or recyclable industrial waste product, or other recyclable materials. Section 8. Section 1.250 "Yard Refuse" of the New Hope Code is hereby amended to read as follows: 1.250 Yard Refuse. "Yard refuse" means compostible material ~e~e%&%~e~ such as grass clippings, leaves, weeds and other forms of organic material, but does not include brush or tree branches Section 9. Section 8.141 "License Required" of the New Hope Code is hereby amended to read as follows: 8.141 License Required. No person, except as provided herein shall remove waste or recyclable materials as defined in Chapter 1 from any premises in the City, or transport such waste or recyclable materials upon the streets and public highways within the City, or in any other manner dispose of waste or recyclable materials originating in the City, or contract for a permit himself or itself to be employed or engaged in any such removal, transportation or disposal without first having obtained a license therefor from the City. Section 10. Section 8.142 "Licensinq Regulations, Terms and Collections" of the New Hope Code is hereby amended by amending subsections (4) and (5)(b) to read as follows: (4) Qualifications. Every applicant for a license hereunder shall furnish the City with evidence that he has sufficient equipment and personnel to render service to existing and prospective customers and in accordance with the requirements of this section; and further, that he has the capability to assure completion of his routes on schedule should any occasion arise prohibiting the collector from doing so himself. Every applicant shall also furnish the City with a detailed description of the manner in which he intends to separately collect and dipose of yard refuse. (5) (b) Other Requirements. All licensed vehicles transporting waste or recyclable materials shall be otherwise equipped as provided in Section 8.144 hereof. Section 11. Section 8.143 "Collection Practices" of the New Hope Code is hereby amended by adding subsection (4) and renumbering prior subsections (4) through (8) to subsections (5) through (9) to read as follows: (4) Yard Refuse. Each collector shall separately collect, and haul away yard refuse during an eight-week period each Spring and each Fall as designated by the City Manager or his authorized representative. Each collector shall haul the yard refuse to a site designated by the City Manager or his authorized representative and shall keep aq accurate accounting of the amount of such yard refuse. Within 15 days after the expiration of each eight-week period each collector shall submit a written report to the City Manager or his authorized ~epresentative detailing the amount of such yard refuse that has been collected during each week of the eight-week period. Section 12. Section 9.11 "WASTE COLLECTION AND DISPOSAL" of the New Hope Code is hereby renamed "WASTE AND RECYCLABLE MATERIALS COLLECTION AND DISPOSAL". Section 13. Section 9.111 "Waste Storage" of the New Hope Code is hereby amended by adding subsection (2)(e) to read as follows: (e) Yard refuse must be enclosed in waste containers separate from other waste. Section 14. Section 9.113 "Litter in Public Places" of the New Hope Code is hereby renamed "Litter" and Sections 9.113 through 9.121 are renumbered as subsections (1) through (9) of 9.113, and Sections 9.122 through 9.128 are renumbered as Sections 9.114 through 9.120. Section 15. Section 9.121 "Recycling Authority: Powers" of the New Hope Code is hereby added to read as follows: 9.121 Recycling Authority: Powers. The recycling authority is responsible for supervising and controlling the collection, removal, and disposal of recyclable materials from all dwelling units in the City. The recycling authority may contract with one or more collectors or haulers for the collection, removal and disposal of some or all types of recyclable materials from dwelling units. The recycling authority may adopt and enforce additional rules not inconsistent with this chapter as necessary for the collection, removal, and disposal of recyclable materials, including but not limited to rules governing the days and hours of collection, the types of recyclable materials to be collected, the manner in which dwelling unit owners or occupants must prepare recyclable materials for collection, the recycling containers to be used, and the location of recycling containers for collection. The rules of the recycling authority are not effective until approved by the Council. (1) Recycling Collection Service Fees. The fees for recycling services are as set forth in Chapter 14 of this Code. The cost of recycling containers shall be charged to owners or occupants of dwelling units as a recycling service. (2) Billing. Each owner or occupant of a dwelling unit must pay the fees for recycling collection services. The fees for sarryout collection services are payable by the owner or occupant of a dwelling unit who requests to receive the service according to the procedure established bY. the recycling authority. The amounts payable for recycling services will__be shown as a separate charge on the sewer bill for the dwelling unit and will be payable according to the same terms as those provided in this Code for sewer bills. 5 Section 16. Section 9.122 "Assessment of Unpaid Bills" of the New Hope Code is hereby added to read as follows: 9.122 Assessment of Unpaid Bills. On or after ~eptember 1 of each year, the City Clerk shall list the total unpaid charges as of September 1 for recycling services against each lot or parcel. The City Council may then levy an assessment equal to such unpaid cost against each lot or parcel. Such assessment may include a penalty not to exceed 10% of the amount thereof and shall bear interest at such amount not exceeding 6% per annum. Such assessment shall be certified to the County Auditor and shall be collected and remitted to the City in the same manner as assessments for local improvements. Section 17. Section 9.123 "Scavenging Prohibited" of the New Hope Code is hereby added to read as follows: 9.123 Scavenging Prohibited. (1) Ownership. Recyclable materials are the property of the dwelling unit owners or occupants until collected by authorized City employees, collectors or haulers. Recyclable materials become the property of the City, authorized collector, or authorized hauler upon collection. (2) No Scavenging. It is unlawful for a person, other than authorized employees of the City, or authorized collectors or haulers to distribute, collect, remove or dispose of recyclable materials after the materials have been placed or deposited in recycling containers. Section 18. Section 9.129 "Penalty" of the New Hope Code is hereby renumbered Section 9.124. Section 19. Section 14.139 "Recycling Service Fees" of the New Hope Code is hereby added to read as follows: 14.139 RecyCling Service Fees. The fee charged to each owner or occupant for recycling collection services shall be as follows: Basic Fee $1.05 per month Carryout Collection Fee $ .72 per month Recycling Container Fee $3.60 per container This fee shall be billed in equal installments over a 10 month period. Section 20. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 26th day of June , 1989. City (Published in the New Hope-Golden Valley Post on the 5th day of July , 1989.) :JRDINANCE NO. 89-10 AN OF OlNANCE AMENDING THE '~EW HOPE CODE BY ESTABLISHING A RECYCLING PROGRAM AND PROCEDURES FOR PAYMENT OF SAME The City Council of the City of New Hopeordains: POST PUBLICATIONS Section 1. Section 1.1.17A "Carryout Collection Service" of the New Hope AFFIDAVIT OF PUBLICATION Code hereby added to read as foil 1.'i'~,~ ..arryout Collection Service. the collection of recyclable mater- ials accumulated in recycling con- tainers from a location at a dwell- STATE OF MINNESOTA ing unit other than the location des- ignited by the recycling authority COUNTY OF HENNEPIN for regular collection. Section 2. Section 1.155 "Garbage" of the New Hope Code is hereby amended to read as follows: 1.155 Garbage. "Garbage" means putrescible animals and vegetable wastes resulting from the handling, preparation, cooking and consump* Roach storage and sale of produce, but ~e does not include recyctabte mater- , being duly sworn, on oath says that he is the publisher ~r authorized ~a,s. New Hope-Golden Valley Section 3. Section 1.195 "Permanent agent and employee of the publisher of the newspaper known as the Waste Containers" of the New Hope and has full knowledge of the facts which are stated below: Code is hereby amended to read as - follows: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as 1.195 Permanent Waste Containers. providedbyMinnesotaStatue331A.02,331A.07, andotherapplicablelaws, asamended. iron, plastlc or non corrodible ma- Ordinance No. 89-10 terial with a close-fitting cover, (B) The printed. and leak proof, of the type corn- insure durability and with Suitable handles on can and lid and of a ca- pacity not less than ten gallons nor which is attached was cut from the columns of said newspaper, and was printed and published once a week, for more than thirty gallons, but does not include recycling containers. ~1 Wednesday 12th Section 4. Section 1.208A to 1.208E successive weeks; it was first published on ~ the day of of the New Hope Code are hereby ad- ded to read as fol lows: L~ .~,y TU'I ~ 1.208A "Recycling" means the pro- 89 cass of collecting and preparing ,19 , and wasthereafter printed and published on every recyclable materials and reusing the materials in their original form ~ ~ using them in manufacturing toand including the day of ~ 19 , -~ses that do not Cause the and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as bo- :tion of recyclable materials lng the size and kind of type used in the composition and publication of the notice: ~L~-~manner that precludes further use. abcdefghi ikimnopqrstuvwxyz 1.208B "Recyclable materials" means materials that are separated for the purpose of recycling, in- cluding paper, glass, metals, automobile oil and batteries. Ret- use derived fuel or other materials that is destroyed by incineration is BY: not a recyclable material. 1.208C "Recycling authority" means the administrator of the Hennepin General Manager Recycling Group. TITLE: 1.208D "Recycling container" means a receptacle designated by Acknowledged before me on ~ the recycling authority for the ;i cumulation and collection of ~ recyclable materials at a dwelling 13th July 89 Ji unit. this day of 19.__ recycling collection services, car- -~ ryout collection services, and any ; other services provided to a dwell- ing unit in accordance with this y the New Hope Code is hereby amend- i N ,/ ,2~i? 1.209 Refuse. "Refuse" means all wastes) including but not limited to rubbish, Christmas trees, and ashes operation of a household and also RATE INFORMATION : including anything when placeti ~n ~'~ ',: waste containers, one average man ~!' (1) Lowest classified rate paid by commercial users for com- $. : can lift easily. Sod, dirt, rocks, ce~ parable space. (Line) mint, other t ...... d construction table refuse under the terms of this (2) Maximum rate allowed bylawfor the above matter. $_ · code if their weight, when placed in (Line) is heavier than ~L~::~ V, ~,~average man can lift easily, but (3) Rateactuallycharged for theabove matter. $. · --~, ~? not include recyclable mater- (Line) t~ ~¢{ion 6. Section 1.213 "Rubbish" I 1.213 Rubbish. nonputresclble solid wastes (ex- ORDINANCE NO. 89-11 AN ORDINANCE AMENDING CHAPTER 14 OF THE NEW HOPE CODE BY INCREASING BICYCLE REGISTRATION FEE The City Council of the City of New Hope ordains: Section 1. Section 14.132 "Bicycle Registration Fee" of the New Hope Code is hereby amended to read as follows: (1) Annual fee per bicycle - $~=~8 $6.00 (2) Duplicate replacement license - $b=~8 $2.00 Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 14th' day of AUGUSI , 1989. City Cl~rk (Published in the New Hope-Golden Valley Post on the 23rd day of AUGUST , 1989.) POST PUBLICATIONS AFFI DAVIT OF PUBLICATION · STATE OF MINNESOTA SS. COUNTY OF HENNEPIN a~ntandemploy.~thepubli~erofthenew~a,rkn~nasthe New Hope-Go[de~ Valley (A) The ne~eper has compli~ with all ~ the r~uirements c~stituting qualification as a qualifi~ new~a~r, as provided by Minne~ta Statue ~1A.02, 331A.07, and other applicable laws, as amend~. (B) The printed. Or~m~ce No. 89-11 which is attached was cut from the columns of said newspaper, and WaS printed and published once a week, for i ,uccessiveweeks; itwasfirstpublishedon Wednesday the 23rd dayot August ,, 89 , 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: abc defgh i i klm nopqrstuvwxyz 8¥: General Manager TI?LH: Acknowledged before me on this 24thdayof August ,,9. 89 Notary;ublic_ S__ .~u ~[ t~'~ ~*~% NOTA,;Y PUaLIC-4VIINNE 8OTA ,~ HENNZPiN COUNTY RATE INFORMATION 1 (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) RateactuallychargedfortheabovemaUer, $ (Line) ORDINANCE NO. 89-12 AN ORDINANCE AMENDING CHAPTER 10 OF THE LIQUOR CODE BY AMENDING LEGAL DRINKING AGE TO CONFORM TO STATE LAW The City Council of the City of New Hope ordains: Section 1. Section 10.030 "Minor" of the New Hope Code is hereby amended to read as follows: 10.030 Minor. "Minor": Any person ~9 under 18 years of age Section 2. Section 10.042 "Wine" of the New Hope Code is hereby renumbered 10.043 and a new 10.042 "Underage Person" is hereby added to read as follows: 10.042 Underage Person. Any person under 21 years of age. Section 3. Section 10.161 "Minor" of the New Hope Code is hereby amended to read as follows: 10.161 M~ Underage Person. Under ~9 21 years of age. Section 4. Section 10.181 "Minors" of the New Hope Code is hereby amended to read ~as follows: 10.181 M~m~s Underage Person. It shall be unlawful for any: (1) Loitering and Sale. Licensee or his employee to sell or serve non-intoxicating malt liquor to any m~ underaged person or to permit any m~ underaged person to consume non- intoxicating malt liquor on the licensed premises or to permit any m~n~ underaged person to loiter or to remain in the room where non-intoxicating malt liquor is being sold or served unless accompanied by his parent or legal guardian; 1 (2) Procure Beer For M~e~ Underaged Person. Person other than the parent or legal guardian to procure non-intoxicating malt liquor for any m~ underaged person; (3) Induce M~ Underage Person. Person to induce a m~ underage person to purchase or procure non-intoxicating malt liquor; (4) Age Misrepresentation. M~ Underage person to misrepresent his age for the purpose of obtaining non-intoxicating malt liquor; (5) Consumption By M~ Underage Person. M~ Underage person to consume any non- intoxicating malt liquor unless in the company of his parent or guardian. (6) Possession By M~ Underage Person. Underage person to have in his possession any non-intoxicating malt liquor, with intent to consume same at a place other than the household of his parent or guardian. Possession of such non-intoxicating malt liquor at a place other than the household of his parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his parent or guardian. Section 5. Section 10.182 "Sale to Minors or Intoxicated Persons" of the New Hope Code is hereby amended to read as follows: 10.182 Sale to M~s Underage Person or Intoxicated Persons. No beer shall be sold to any intoxicated person or to any person under ~ 21 years of age. Section 6. Section 10.211 "Age Misrepresentation By Minor" of the New Hope Code is hereby amended to read as follows: 10.211 Age Misrepresentation By M~ Underage Person. No m~ underage person shall misrepresent his age for the purpose of obtaining beer. Section 7. Section 10.212 "Inducing Minor To Buy Beer" of the New Hope Code is hereby amended to read as follows: 10.212 Inducing M~e~ Underage Person to Buy Beer. No person shall induce a m~ underage person to purchase or procure beer. Section 8. Section 10.213 "Procuring Beer For Minor" of the New Hope Code is hereby amended to read as follows: 10.213 Procuring Beer for M~ Underage Person. No person other than the parent or legal guardian shall procure beer for any m~ underage person. Section 9. Section 10.214 "Minor Consuming Beer" of the New Hope Code is hereby amended to read as follows: 10.214 M~ Underage Person Consuming Beer. No underage person shall have in his possession any beer, with intent to consume same, at a place other than the household of his parent or guardian. Possession of such beer at a place other than the household of his parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his parent or guardian. Section 10. Section 10.515 "Prohibited Sales" of the New Hope Code is hereby amended to read as follows: 10.515 Prohibited Sales. No intoxicating liquor shall be sold or furnished or delivered to anyone who, by his physical appearance and mannerisms, appears to be in a state of intoxication, to any habitual drunkard, to any person under ~9 21 years of age, or to any person to whom sale is prohibited by State Law. Section 11. Section 10.56 "Restrictions Involvinq Minors" of the New Hope Code is hereby amended to read as follows: 10,56 Restrictions Involvinq M~ae~s Underage Person. In addition to the provisions of Section 10.18 as to Beer Sales to m~fio~s underage persons, the following restrictions apply to m~ae~s underage persons and intoxicating liquors: Section 12. Section 10.561 "Serving to and Consumption By Minors" of the New Hope Code is hereby amended to read as follows: 10.561 Serving to and Consumption By M~s Underage Persons. No licensee, his agent, or employee shall serve or dispense upon the licensed premises any intoxicating liquor or non-intoxicating malt liquors to any person under the age of ~9 21 years; nor shall such licensee, his agent, or employee permit any person under the age of ~9 21 years to be furnished or consume any such liquors on the licensed premises. Section 13. Section 10.562 "Delivery Underage Person" of the New Hope Code is hereby amended to read as follows: 10.562 Delivery Underage Person. No licensee, his agent, or employee shall permit any person under the age of ~ 21 years to be delivered any such liquors, nor shall any person under the age of ~ 21 years receive delivery of intoxicating liquor. Section 14. Section 10.563 "Aye Misrepresentation" of the New Hope Code is hereby amended to read as follows: 10.563 Age Misrepresentation. No person under ~ 21 years of age shall misrepresent his age for the purpose of obtaining intoxicating liquor or non- intoxicating malt liquor nor shall he enter any premises licensed for the retail sale of intoxicating liquor or non-intoxicating malt liquor for the purpose of purchasing or having served or delivered to him for consuming any such intoxicating liquor or beer nor shall any such person purchase, attempt to purchase, consume or have another person purchase for him any intoxicating liquor or beer. Section 15. Section 10.564 "Purchase by Underage Person for Another" of the New Hope Code is hereby amended to read as follows: 10.564 Purchase by Underage Person for Another. No person shall induce a person under the age of ~ 21 years to purchase or procure or obtain intoxicating liquor or non-intoxicating malt liquor. 4 Section 16. Section 10.565 "Identification Production" of the New Hope Code is hereby amended to read as follows: 10.565 Identification Production. Any person who may appear to the licensee, his employees or agents to be under the age of ~ 21 years shall, upon demand of the licensee, his employee or agent, produce and permit to be examined suitable identification as to his or her age. Proof of age for purposes of consuming, purchasing, or possessing an alcoholic beverage, the consumption, sale, or possession of which is regulated by age, may only be established by a valid driver's license or a current Minnesota identification card as described in Non-Driver Age Identification, below. In the case of a foreign national, a valid passport may be used as an alternative to the foregoing methods of identification. Section 17. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 23rd day of 0ct0ber , 1989. City ~e~k (Published in the New Hope-Golden Valley Post on the ]st day of N0¥ember , 1989.) 5 POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN/ ss. Walter D. Roach , being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as the ~--CU S tNews and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 33]A.02, 331A.07, and other applicable laws, as amended. Ordinance No. 89-12 (B) The printed 1 successiveweeks; itwasfirstpublishedon Wednesday ,t.e I st dayof November 19 89 , and was thereafter printed and published on every ~to end including the day of 19 end printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- a~,, ". lng the size and kind of type used in the composition and publication of the notice: abcdefghiiklmnopqrstuvwxyz BY: o, h~s General Manager TITLE: Acknowledged before me on 'ma,, .~- 2nd November 89 than tlqe this dayof 19 1he house- guardian Notary p4~a.qc~,~ ~- ' ~ the~ameata ~ ~'' ~-~ " ..... ~ ~r~_.~ New t-tope' Cede~ ~reby amended to Feed as.fo) ows: ]0.~8~ sale to [Minors] Underage Person er Intoxicated Persons, 'No 'beer shall be so d to any intox~i~ated RATE INFORMATION ~ years 0t age. 1 . 40 ~ Sec~tion &. Section 10.211 "Age Mis- (1) Lowest classified rate paid by commercial users for com- $. representation By Minor"~of the New parable space. (Line) Hope Code ;s hereby amended to read /;~_~ 10.211 Age Misrepresentation by (2) Maximumrateallowedbylawfortheapovematter. $. [Miner) Underage Person. (Line) No[minor~ underage person, shat.~ ~L~ misrepresent his age for the pur- (3) Rateactuallychargedfortheabovematter. $ (Line) Section 7. Section 10.212 ' Inducing N~i~r Te Buy Beer" of the New Hope Code i.~ hereby amended to reaa as follows: 10.212 Inducing [Minor] .Underage Personate Bey' Beer. No person .shal! ir)du~e a f.~i~or] Lu.nderage. parsee . ~a~V~has~'Or ~roc~re beer. ORDINANCE NO. 89-13 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY REZONING PROPERTY AT 7500 BASS LAKE ROAD FROM RESIDENTIAL-OFFICE TO LIMITED NEIGHBORHOOD BUSINESS DISTRICT The City Council of the City of New Hope ordains: Section 1. Section 4.29 "Extent of R-0 Residential-Office District" of the New Hope Code is hereby amended by amending subsection (5) to read as follows: (5) ~hat ~a~t o~ Bet ~? A~te~s S~bd~v~s~efl Ne~ ~6 north 82 feet of the south 264 feet of the west 132 feet of Lot 33, Auditor's Subdivision--No. 226 and the north 57 feet of the south 182 feet of the west 27 feet of Lot 33, Auditor's Subdivision No. 226. Section 2. Section 4.30 "Extent of B-1 Limited Neighborhood Business District" of the New Hope Code is hereby amended by adding subsection (5) to read as follows: (5) The north 57 feet of the south 182 feet of the east 105 feet of the west 132 feet of Lot 33, Auditor's Subdivision No. 226 and the south 125 feet of the west 132 feet of Lot 33, Auditor's Subdivision No. 226.-- Section 3. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the ] ]th day of September , 1989. Attest: ~~~ CitY ~lerk (Published in the New Hope-Golden Valley Post on the 20th day of September , 1989.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ss. Walter D. Roach being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as the New Hope-Golden Valley and has full knowledge of the facts which are stated below: ~30 S ~CN eT~l' S (A) The newspaper has complied with all of the requirements co~stituting qualification as a qualified newspaper, as provided by Minnesota Statue 33iA.02, 331A.07, and other applicable laws, as amended. Ordinance No. 89-13 (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once a week, for successive weeks; itwasfirstpublishedon Wednesday ,the 20th dayof September ,19 89 , and was thereafter printed and published o¢1 every be 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: abcdefghiikl mnopqrstuvwxyz TITLE: General Manager Acknowledged before me on 21 st September 89 this day Of 19 RATE INFORMATION 1.4O (1) Lowest classified rate paid by commercial users for cum- $. 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. 89-14 AN ORDINANCE AMENDING THE DOG LICENSING PROCEDURE AND THE FEES FOR DOG LICENSES The City Council of the City of New Hope ordains: Section 1. Section 7.021 (2) "Rabies Vaccination Required" of the New Hope Code is hereby amended to read as follows: (2) Rabies Vaccination Required. To obtain a dog license a certificate from a duly licensed veterinarian shall be provided showing that the dog proposed to be licensed has been given a vaccination for protection against rabies, approved by the City Clerk, in compliance with the standards for rabies vaccinations e~sewhese ~n th~s ~ss~e~: A dog license shall not be effective ~ss~e~ to e~p~se at the en~ of a month ½ate~ than the ~ast f~½~ mo~th for wh~eh the duration of the vaccination certificate and shall expire at the end of the last full month for which the vaccination certificate is effective ~s effeet~ve? B~t may Be ~ss~e~ los ~ess than the option of the ownes. Section 2. Section 14.071 (1) "Neutered or Spayed Dogs" of the New Hope Code is hereby amended by amending subsection (1) to read as follows: (1) Neutered, os Spayed or Unaltered Dogs - $S=40 pes ea~en~as yeas7 pso~ate~ at =4~ pe~ month los eaeh f~ es pa~t~a~ me,th ~M~n~m~m $~=OO~ $10.00 for duration of vaccine effectiveness per §7.021 (2) of this Code. Section 3. Section 14.071 (2) "Unaltered Dogs" is hereby repealed in its entirety and Sections 14.071 (3) and 14.071 (4) are hereby renumbered as 14.071 (2) and 14.071 (3) respectively. Section 4. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 23rd day of October , 1989. ~' M~o~r City (Published in the New Hope-Golden Valley Post on the ]st day of November , 1989.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN/ ss. Walter D. Roach ~ re~ , being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as the~'o stNews and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as · icate provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. of' ~e, Ordinance No. 89-14 (B) The printed. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for successive weeks; itwasfirstpublishedon Wednesday ,the 1 st dayof Novemb ~ 19 89 , 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: abcdefghi jklmnopqrstuvwxyz BY: TITLE: General Manager · Acknowledged before me on ,,is 2nd dayof November ,,9 89 Nofary~ RATE INFORMATION (1) Lowest classified rate paid by commercial users for cum* $ parable space. (Line) .45 (21 Maximum rate allowed by law for the above matter. $ (Line) (3) Rate actually charged for the above matter, s (Line) ORDINANCE NO. 89-15 AN ORDINANCE AMENDING CHAPTER 14 FEES FOR SERVICE AVAILABILITY CHARGE (SAC) The City Council of the City of New Hope ordains: Section 1. Section 14.507 (2) "Amount of Charges" of the New Hope Code is hereby amended to read as follows: (2) Amount of Charges. The charge for each building or structure shall be equal to the number of units of sewage volume which it will discharge, multiplied by ~4~88 $575.00. A unit of sewage volume shall be 100,000 gallons per year and shall be assigned as follows: Section 2. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 23rd day of 0¢t0ber , 1989. ~ Ma~ Attest: ~~~ ~~ ._v City ~le~k (Published in the New Hope-Golden Valley Post on the ]st day of November , 1989.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN '/ ss. Walter D. Roach , being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as the Po s tNews and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B) Theprinted Ordinance No. 89-15 which is attached was cut from the columns of said newspaper, and was printed and published once a week, for successiveweeks;itwasfirstpublishedon Wednesday ,the 1st dayof November ,, 89 , 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: Acknowledged before me on this 2nd dayof November ~989 RATE INFORMATION 1.4O (1) Lowest classified rate paid by commercial users for com- $. parable space. (Line) (21 Maximum rate allowed by law for the above matter. $. (Line) (3) Rate actually charged for the above metier. $ . /.~L~ (Line) ORDINANCE NO. 89-16 AN ORDINANCE AMENDING THE NEW HOPE PLATTING AND ZONING CODE BY REQUIRING OUTLOTS TO BE REPLATTED PRIOR TO ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION OR IMPROVEMENT The City Council of the City of New Hope ordains: Section 1. Section 13.02 (11) "Outlot" of the New Hope Code is hereby amended to read as follows: (11) Outlots. Outlot is a lot remnant or parcel of land left over after platting, which is intended as open space or other future use for which no building permit may be issued. Section 2. Section 4.032 (2)(a) "Platting Required" of the New Hope Code is hereby amended to read as follows: (a) Platting Required. No building shall be constructed on unplatted property or an outlot as defined by §13.02 (11) of this Code except for the addition of accessory structures or additions to existing buildings. Platting is required in all instances where Industrial Development Revenue Bonds or Tax Increment Districts or like governmentally sponsored financing is involved. Section 3. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 23rd day of 0ct0ber , 1989. Attest: City Cler~ (Published in the New Hope-Golden Valley Post on the ]st day of ~10vember , 1989.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ss. Walter D. Roach being duly sworn, on oath says that he is the publisher or authorized Post, News for ~he agent and employee of the publisher of the newspaper known as the and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. f~- Ordinance No 89-16 (B) The printed. · 1'989. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for ~ ~os~ews on 'No- .~ ] I successiveweeks; itwasfirstpublishedon Wednesday ,the 1st dayof Novemb er 19 89 , and was thereafter printed and published on every to and including the day of 19 , and printed below is a copy of the lower case alphabet from A to Z, beth inclusive, which is hereby acknowledged as be- lng the size and kind of type used in the composition and publication Of the notice: abcdefghiiklmnopqrstuvwxyz 8¥: General Manager TITLE: Acknowledged before me on 2nd November 89 this day of 19 Notary Public RATE INFORMATION I .4O (1) Lowest classified rate paid by commercial users for corn- $. parable space. [ Line) (2) N~aximum rate allowed by law for the above matter. $. (Line) (3) Rate actually charged for the above matter. $ * (Line) ORDINANCE NO. 89-17 AN ORDINANCE AMENDING THE NEW HOPE SUBDIVISION AND PLATTING CODE BY ESTABLISHING EXCEPTIONS TO THE PROCEDURAL REQUIREMENTS ,FOR PLATTING PROPERTY The City Council of the City of New Hope ordains: Section 1. Section 13.017 "Exceptions: Lot Consolidation, Minor Subdivison" is hereby added to the New Hope City Code to read as follows: 13.017 Exceptions: Lot Consolidation, Minor Subdivsion. 1. Exception, Procedural Requirements: The following land divisions are exempte~ from the procedural requirements of this section. (a) Land divisions which are part of a recorded plat, if the divsion is to permit the adding. of a parcel of land to an abutting lot or the ~ombination 'of recorded platted lots to form no more than two (2) lots. Newly created lots shall conform to the design and performance standards of the New Hope Subdivision and Zoning Code. (b) Simple division o~ ~ single lot which is part of a recorded plat to create no more than two--(2) lots provided the newly created property line~ will not cause the remaining portion of the lot or any structure thereon to be in violat'ion with the New Hope Zoning and Subdivision Code. ~q qualify, the parcel of land shall not have been part of a minor subdivision within the last five (5) years. (c) Requests to divide a base lot of a two family dwelling or a quadraminium which is part of a recorded plat if the division will permit individual private ownership of a single dwelling unit within such a structure, provided the newly created property lines will not cause any of the unit lots or structure to be in violation o_~f the New Hope Zoning and Subdivision Code. 2. Information Requirements. The following information shall be submitted along with the application for lot consolidation or minor subdivision. (a) Survey Certificate. Certificate of survey prepared by ~ registered land surveyor which includes: (1) Original and proposed Spt boundaries. (2) Location of existing structures on ~h__e site. (3) 0riginal and proposed legal description. (b) Property Description and Submission Information. The date and supportive information detailing the proposed subdivision shall be the same as required for a major subdivision__as described in Section 13.04 of this Code. Exception, as stipulated in wr~t%ng., may be granted by the ~ity Manager. The City Manager may require additional information deemed necessary l__qn the review of the proposed subdivision. (c) Design Standards. The subdivision shall conform to all the design standards as specified in Section 13.05 of this Code. .Any proposed deviation from said standards shall require the processing of a variance request. 3. Application, Processing and Recording. (a) Application. Upon receipt of a subdivision application, required information and fees, the City Manager or his dgsignated representative, shall have ten (10) business ~ays to decide if the application is exempt pursuant to the exemptions of §13.017 (1)(a) through (c) of this Code. (b) Processing. I__f the K~quested land division is in full conformance with the performance standards of the New Hope Zoning and Subdivison Code the City Manager shall approve the subdivision. (c) Recordinq. The applicant shall be notified of the lot consolidation or minor subdivision approval in writing. Said document of ~pproval shall be submitted with the certificate of survey to the Henn~pin County Recorder. Section 2. Section 13.111 "Base Application Fee" of the New Hope Code is hereby amended to read as follows: 13.111 Base Application Fee. The applicant shall pay a base application fee as reimbursement for all Actual Costs incurred by the City including but not limited to planning, engineering and legal costs for processing of subdivision applications, including minor subdivisions, variances or appeals. The base application fee shall be the amount prescribed in Chapter 14. Section 3. Section 14.042 (1) "Base Application Fee" of the New Hope Code is hereby amended to read as follows: (1) Ba~e-~p~e&~o~Fee Per Application. ~O0vOO (a) Base Application $200.00 (b) Minor Subdivision $100.00 Section 4. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 23r___~_d day of 0ct0ber , 1989. Attest: (Published in the New Hope-Golden Valley Post on the ]st day of November , 1989.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. ' ' Walter D. Roach , being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as the PostNews and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02,331A.07, and other applicable laws, as amended. Ordinance No. 89-17 i-e- (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 1 Wednesday I st successive weeks; it was first published on the day of November ,19 89 , and was thereafter printed and published on every to and including the day of ,19. and printed below is a copy of the lower case alphabet from A to Z, beth inclusive, which is hereby acknowledged as be- ing the size and kind of type used in the composition and publication of the notice: abcdefghiiklmnofxlrstuvwxyz General Manager TITLE: Acknowledged before me on this 2nd dayof November ,9 89 (C) £ design ste~qda~s a,$ specified in ~lon~13~:0$.,of this Code. Any ~s[ed,/de~i~tion %from said St~l~d, aL~dS shall' require file prO- testing ,of a variance request'. 3. APPli~:ation,, ProceSsgng ,aiid Re- cording. - '[--nre t of a (a)iAPptic~fion. um~ ~ip . RATE INFORMATION subdivision application, requirea 1 . LJ-O information and ,fe~s, the City Manager or his designated 'repro- (1) Lowest classified rate paid by commercial users for cum- S sontatiYe, Shell have ten CIO) bus- parable space. (Line] iness days ta decide if *the*ap- plication is exempt pur~uant~ito /$5 the exemptionS of SI3;017 (1)(a) (2) Maximum rate allowed by lawfor the above matter. S · through(c) of this Cod~ (Line) (b) Processing, If the requested · la~d division is .in :full Confor- (3) Rate actuallycharged for the above matter. S ma.~tce with the .performance (Line) standards q! the NeW ,Hope zon- ing and So~ivision Cpde'the Ci~ Manage~ shell :approve the sub- division. (c) RecQr, ding. The ~hall be Lnotified of,the lot C°n. sofidation Or, minor subdivision aPProval in' ,writing? Said. rdo~u- merit of~ approval shall be 's~bmif- ~ted. Mfl~ the Cedilic~.te Of survey tolthe Hennei)in:Coun!Y Recorder.* I S~ti~ 2~ Section ~3 i~} ~Bas~ A~ ORDINANCE NO. 89-19 AN ORDINANCE AMENDING THE NEW HOPE CITY CODE BY ESTABLISHING A RESIDENCY REQUIREMENT FOR PLANNING COMMISSION MEMBERS The City Council of the City of New Hope ordains: Section 1. Section 2.132 (4) "Residency Requirement" of the New Hope Code is hereby added to read as follows: (4) Residency Requirement. All members of.. the Planning Commission shall be a resident of the City of New Hope. Section 2. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the 27th day of November , 1989. Mayor Attest: ~ ~' City Cl~rk (Published in the New Hope'Golden Valley Post on the 6th day of December , 1989.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION Of the City o~ New Section 2.1~32 (4) New ~ . - STATE OF MINNESOTA Requirement. All the Planning Com- COUNTY OF HENNEPIN mission shal be a resi.de~ ol the City of New Hope. Section 2. Effective Date;.The ordi- r~anc*e %l~alf be effective upon its pas- sage aha.publication. Dated the 27th day of, November,· 1989. /s/Edw. d.. Erickson M~or 'Walter D. Roach Attest V~ e~ie Leone , being duly sworn~on oatl~ s~vs that he is the publisher or authorized City Clerk .L"O S ~ ews (Publ;shed' PostNews December 6, agent and employee of the publisher of the newspaper known as the 1989) and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. Ordinance No. 89-19 (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once a week, for I Wednesday 6th __ successive weeks; it was first published on , the day of December 19 89 , and was thereafter printed and published on every to and including the day of ,19 , and printed below is a copy of the lower case alphabet from A to Z, beth inclusive, which is hereby acknowledged as be- ing the size and kind of type used in the composition and publication of the notice: abcdefghiiklmnopqrstuvwxyz BY: General Manager TITLE: Acknowledged before me on this 7th dayof December ,9_ 89 RATE INFORMATION ~ .4O (1) Lowest classified rate paid by commercial users for cpm- $. parable space. (Line) .45 (2) Maximum rate allowed by law for the above matter. S. (Line) · /q'5 (3) Rateactuallychargedfortheabevematter. $_ (Line) ORDINANCE NO. 89-20 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY ESTABLISHING MOTOR VEHICLE SALES, SERVICE, LEASING/RENTAL, AND REPAIR AS A CONDITIONAL USE IN "B-3", AUTO-ORIENTED BUSINESS DISTRICTS The City Council of the City of New Hope ordains: Section 1. Section 4.124 (5) "Motor Vehicle Sales, Service, Leasing/Rental and Repair" of the New Hope Code is hereby added to read as follows: (5) Motor Vehicle Sales, Service, Leasing/Rental and Repair. Motor vehicle sales/leasing/rental, service and repair is allowed as a conditional use provided that: (a) Required Uses. The uses of motor vehicle sales/leasing/rental, service and repair must all be provided on the subject property. (b) Same Site. All customer-oriented uses associated with the business shall be on the ~ot of principal activity or business and shall not be separated by ~ public street, alley or other land use. (c) Location. The subject property must be accessible from a major or minor arterial street as defined by the New Hope Comprehensive Plan. (d) Compatibility. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. All sides of the principal and accessory structures are to have essentially the same or a coordinated, harmonious finish treatment. (e) Required Plans._ A detailed site plan, landscaping plan, and lighting plan shall be required illustrating all existing and proposed buildings, 1 outdoor sales and storage areas, parking, loading, and trash facilities, setbacks, landscaping exterior ~ighting and all other necessary information as determined by the City. (f) Lot Standards. The minimum lot area shall be one (1) acre. The minimum lot width shall be one hundred (100) feet. (g) Sales Area. The outdoor automobile sales/leasing/ rental area shall not be greater than one and one- half times the gross floor area of the principal building. A minimum of 280 square feet of sales/ leasing/rental area per vehicle shall be provided. (h) Setbacks. All parking areas, driveways, outdoor storage areas shall be at least five (5) feet from all side and rear property lines. The area shall be landscaped and screened in accordance with Section 4.033 (4) of this Code. (i) Front Yard/Display Area. Outdoor motor vehicle sales/leasing/rental display area may be permitted within the required front yard provided the following criteria are met: (i) The outdoor sales/leasing/rental area does not exceed forty percent (40%) of the required front yard. (ii) The outdoor sales/leasing/rental display area shall not be less than ten (10) feet from the front lot line. (iii) The required ~ispla~ area setback shall be curbed and landscaped to prevent vehicle encroachment into the front yard and side yard setback areas. (iv) Front yard display area shall comply with the sales/leasing/rental area per vehicle of subsection (g) above. (v) The front yard display area shall not be used for customer or employee parking. Outdoor Storage. The outdoor storage of waste material, debris, refuse, damaged vehicles, and junk vehicles parts and the like shall be contained within a specifically defined area of 2 the site no greater than 10 percent of the total site area. Said area must be located in the rear yard and encompassed bY ~ minimum six (6) foot high 'screened security fence. Said fence must be accompanied b_~ landscape plantings along all sides which face adjoining properties. No outdoor storage of any kind is allowed__°n the rooftop of any building on the site. Areas intended for the storage of damaged vehicles that may result in the loss of motor vehicle fluids (i.e., gasoline, oil, antifreeze, transmission fluid, battery acid, etc.) shall be designed to prevent the infiltration or drainage of these fluids into area soils or storm water runof-~ and prevent the deterioration of parking and storage area surfaces. (k) Outdoor Repair. The outdoor repair of motor vehicles or motor vehicle parts anywhere on the property is prohibited. (1) Parking. In addition to the required parking for the principal use or activity, one off-street parking stall for every one thousand square feet of outdoor motor vehicle sales area shall be required. Areas used for outdoor sales shall b~ separated from the required off-street parking stalls. The required off-street parking shall not be used for outdoor sales or storage and shall be specificially marked for customer or employee use. (m) Striping. All areas intended for customer vehicle parking or storage shall be striped with white painted lines not less than four inches in width and shall be maintained for legibility on a regular basis. The front yard sales/leasing/rental display area need not be striped. (n) Curbing. All parking areas, driveways, sales areas and outdoor ~torage areas shall have a continuous ~erimeter concrete curb of not less than than slx inches in height. (o) Surfacing. All parking area, driveway, sales area and outdoor storage area shall be surfaced with bituminous or concrete material. (p) Drainage. The entire site shall have a drainage system which sh~ll be subject to City approval. (q) Lighting Shielded. Ail ~ighting shall be hooded and so directed that the light shall not be visible from the public right-of-way and so that no light or glare shines on adjacent property, buildings or structures. (r) Noise. Noise control shall be regulated by the noise control section of this Code. (s) Trash Receptacle. An enclosed trash handling facility shall be provided which conforms with the following provisions: (i) The exterior wall treatment shall be similar and/or compliment the principal building. (ii) The enclosed trash receptacle shall be located in the rear yard. (iii) The trash receptacle must be in an accessible location for tras__h pick up vehicles. (iv) The trash enclosure must be fully screened and landscaped from view of adjacent properties and the public ~ight-of-way. (t) Accessory Buildings. The principal use may have one (1) accessory building o__r structure, no larger than thirty percent (30%) of the floor area of the principal building. Accessory buildings must be constructed of the same type of materials as the principal building. Similar architectural treatment will be required on all sides of the buildinq. (u) Signage. A detailed siqnage plan in conformance with Section 3.40 of this Code shall be submitted to the City for review and approval: (i) Promotional signage attached or affixed to a__qn automobile is prohibited. (ii) Banner, pennants, streamers and other ~emporary promotional signage may be permitted in accordance with Section 3.441 of this Code. (v) Flags. If the American Flag is displayed ~ conjunction with this conditional use permit, it must comply with the laws outlined in 36 USCS, Section 173-176. 4 Section 2. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the ]]th day of December , 1989. C ity~Cl~r k! (Published in the New Hope-Golden Valley Post on the 20th day of December , 1989.) 5 POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN Walt er D. Roach ,being duly sworn, on oath saysthat ne isthe publisher or authorized PostNews agent and employee of the publisher of the newspaper known as the and has full knowledge of the facfs which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesofa Sfatue 331A.02, 331A.07, and of her applicable laws, as amended. Ordinance No. 89-20 (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once a week, for I Wednesday 20th __ successive weeks; it was first published on , the day of December 89 ,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, 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 21 st December 89 this__ day of 19__ RATE INFORMATION (1) Lowestclassifiedratepaidbycommercialusersforcom- $ 1 · ~1'0 parable space. (Line) (2) N~aximum rate allowed by law for the above matter. $. · L~5 (3) Rateactuallychargedfortheabovematter. $. (Line) .ew POST PUBLICATIONS AFFIDAVIT OF PUBLICATION "o~ the amended to ~ Hours for "On-Sale" ~1 I Liquor Establis~h- STATE OF MINNESOTA (s~ Monday -- No sales [before] $$- ~neS:oo n.m. COUNTY OF HENNEPIN through Saturday -- Ho,sales between 1~.00 a.m. and ~:00a.m. · (c) Sunday- No sales after 1:00 a~m'.,~except establishments hav- H;tg~a,'~SPec~al License for Sunday ~quor~Sales'~ [Shall be restricted ~ ~onlY]. may, sell'~between th~ hours ~f [1:00 n,m. and] ~$2:0o noon and ~12:00midnight. Walter D. Roach , being duly sworn, on oath says that he is the publisher or authorized (d~~ :[Holidays] Christmas Eve ami - Hew .Year'~s Eve -~ INn sales be- PostNews tweefl I :aa a.m. ami 8~~e a,m, on agent and employee of the publisher of the newspaper known as the and has full knowledge of the facts which are stated below: ,,: New ~YeaCs Day. Memerbl Day, Imlependence hDay, Labor Day, (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as Thanksgiving J~i!Y.,ami atristmas provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. B;l~y~;~omi] NG~s_aies [after] be- ,: ~ tween &~Og~P.rn?oacDecembet 24 - .~,:oe, o;m...on~,December.2S. In Ordinance No. 89-22 the event December 31 falls on a ~ -~Sunday, sales wilt 4)e permitted (B) The printed until l:~G:~.m, ofl~4aonary 4 by ;establishments_with, a '~','SP~ciolL ~ License for ' Sunday Sales" not- withstanding &ubsection (1)(a) ~, bncl:(c) of this section. Section 2.- SectiOn 10.542 (2) ~ "Restricted Hours for Off Sale ~ which is attached was cut from the columns of said newspaper, end was printed and published once a week, for ~Establishments" of the New Hope ' Code-,is hereby amended bY amending I Wednesday 20th~ subseclien. (d~ Holidays~te ~read as follows: __ successive weeks; it was first published on , the ay of 4d), Hofideys- No off, sales on fHew, Y.~-'~, Day, ,.~..dence De cemb er 89 ~ay;] Thanksgiving Day, - [and] ,19 , and was thereefter printed and published on every Chris, mos, Day, [but on the even- ~s, pr~eceding these doys, if the Sale~f liquor is not otherwise toendincludingthe dayof 19 ,~rO~bited off such,evenings, off and printed below is a copy of the lower case alphabet from A to Z, beth inclusive, which is hereby acknowledged as be- :~.~[e$ may be made until 10:00 lng the size end kind of type used in the compositien and publication of the notice: ~m. except No off sale] or after $ ~Op.m. on December,24. On the abcdefghijklmenpqrstuvwxyz evening precedim~ Thanksgiving ,~ay aodon December 31 and July ~, sales may be reade u,til 10:~ by subsection (2)(a) of this sec- tion. Section 3. Effective Date. The ordi- nance shall be effective upon its pas- BY: sage end publication. ~ed ~the 11th day of December, 1989/ General Manager ~ TITLE: ~e~,r Attest: City Clerk Acknowledged before me on Bold indicates new .copy, brackets [ ] nd cares copy to be deleted. (.u~.shed .ew .ope-~o,den Val- 21 st December 89 ley PosfN~Ws December 20,1989) this day of 19_ RATE INFORMATION 1.4o (1) Lowest classified rate paid by commercial users for com- $. parable space. (Line) (2) Maximum rate allowed by law for the above matter. $. (Line) · ~'5 (3) Rate actually charged for the above matter. $. (Line) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION Permit. .... STATE OF MINNESOTA ~:~032~ "pire Su~- COUNTY OF HENNEPIN ss. Pea 3.117 or Walter D. Roach , being duly sworn, oR. qath sa, y%t~at he is the publisher or authorized agent and employee of the publisher of the newspaper known as the and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02,331A.07, and other applicable laws, as amended. ,0.~ Ordinance No. 89-23 (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once a week, for I successiveweeks; itwasfirstpublishedon Wednesday ,the 20thdayof 75.00 December 19 89 and was thereafter printed and published on every , De~eF ~.~ tO a~d i~cl~di~g the day ~ ~ ]9 , ~'$~i~i- and print~ ~low lng the size and ki~d of ty~ u~d in the com~sition and publication of the notice: by Per abcdefghiiklmno~rstu~yz amend- BY: ~r any General Manager ~ ,the TITLE: Acknowledge8 before me on 21st December ,.is ~of Se~en,a., EffeCtive Date. The ordi- RATE INFORMATION nan~ce sfl, al!.be ,effectiVe Upon its pas- sa, geand:p~J61kation ...... , 19~te~d_.. the 111hr d~ay of D~Cember, (1) Lowest classified rate paid by commercial users for eom- S. · " · ' parable space. (Line) (2) ~a×imum r~le ollowed b~ I~w for ~e ~bove m~or. (Line) (3) Rate actually charged for the above mailer. $. (Line) ORDINANCE NO. 89-21 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY ESTABLISHING COMMERCIAL USES AS CONDITIONAL ACCESSORY USES WITHIN THE "R-5" SENIOR CITIZEN AND PHYSICALLY HANDICAPPED RESIDENTIAL HOUSING DISTRICT The City Council of the City of New Hope ordains: Section 1. Section 4.08.A4 "Conditional Accessory Uses" of the New Hope Code is hereby added to read as follows: 4.08.A4 Conditional Accessory Uses. The following commercial uses shall be allowed as conditional accessory uses to Senior Citizen and Physically Handicapped Housing and Nursinq Homes. It is the intent of this section that said uses primarily serve and benefit the residents o_~f said facilities: (1) Financial Institutions. (2) Barber/Beauty Shop. (3) Limited Retail Sales. (4) Newsstand. (5) Pharmacy. (6) Performance Standards. All conditional accessory uses listed herein shall conform to the following provisions: (a) Location. All uses shall be located completely within the principal structure of the residential facility. (b) Access. No separate exterior entrance or exit shall be allowed for any accessory use(s). (c) Signage. No exterior signage of any type shall be allowed for accessory use(s). (d) Size. Any individual conditional accessory use shall not exceed five hundred (500) square feet of gross floor area. All combined commercial accessory uses within a single building shall not exceed two thousand (2,000) square feet gross floor area. (e) Hours.__Ne accessory use shall be open for operation between the hours of 9:00 P.M. and 8:00 A.M. (f) Parking. Sufficient parking for the commercial use(s) shall be provided in accordance with Section 4.036 of this Code. Section 2. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the ]3th day of N0vember , 1989. Attest:~ ~.~ . City ClErk (Published in the New Hope-Golden Valley Post on the 22nd day of November , 1989.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ COUNTY OF HENNEPIN / ss. Walter D. Roach ~ ~q~Zt agent and employee of the publisher of the newspaper known as th, _ ~ ~ r and has full knowledge of the factswhich are stated below: ~ ~'b~ (3) (~1) (A) The newspaper has complied with all of the requirements ~ ~er, as (S) provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as am~nded. Ordinance No. 89-21 (B) The printed which is attached was cut from the columns of said newspaper, and was printed and published once a week, for {ii I Wednesday 22ndday of successive weeks; it was first published on , the November ,19 89 , and was thereafter printed and published on every to and including the day of 19. and printed below is a copy of the lower case alphabet from A to Z, beth inclusive, which is hereby acknowledged as be- lng the size and kind of type used in the composition and publication of the notice: abcdefghiiklmnopqrstuvwxyz Sentient 2~: The ordi- BY: pas- .o~em~. General Manager 1989. TITLE: Ma Acknowledged before me on (Publ shed in~ ~ostNew;' On the':~2nU' 23rd November 89 d_ay o~No~;ember[ ~r. ). ' ~ this day of 19. RATE INFORMATION 1 {1) Lowest classified ratepaid bycommercial usorsfor 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. 89-22 AN ORDINANCE AMENDING THE NEW HOPE LIQUOR CODE BY AMENDING THE REGULATIONS GOVERNING THE HOURS FOR SALE FOR ON-SALE AND OFF-SALE ESTABLISHMENTS The City Council of the City of New Hope ordains: Section 1. Section 10.542 (1) "Restricted Hours For On Sale Intoxicating Liquor Establishments" of the New Hope Code is hereby amended to read as follows: (1) Restricted Hours for "On-Sale" Intoxicating Liquor Establishments. (a) Monda~ No sales ~e~e between 12:01 a.m. and 8:00 a.m. (b) Tuesday through Saturday No sales between 1:00 a.m. and 8:00 a.m. (c) Sunday No sales after 1:00 a.m., except establishments having a "Special License for Sunday Liquor Sales" sha~ may sell between the hours 12:00 noon and 12:00 midnight. (d) H~ays Christmas No sa~es be%wee~ Eve and New Year's Eve e~m~ a~ 8~88 a~mw ~ Wew Sh~s%mas ~? a~ No sales a~%e~ between 8:00 p.m. on December 24 and 8:00 a.m. on December 25. In the event December 31 falls on a Sunday, sales will be permitted until 1:00 a.m. on January ! by establishments with a "Special License for Sunday Sales" notwithstandinq subsection (1)(a) and (c) of this section. Section 2. Section 10.542 (2) "Restricted Hours for Off Sale Establishments" of the New Hope Code is hereby amended by amending subsection (d) Holidays to read as follows: (d) Holidays No off sales on New Yea~s Bay? Bey? Thanksgiving Day, ~d Christmas Day, B~% o~ %hese days? ~ %he sa~e may Be made ~%~ ~0~00 or after 8:00 p.m. on December 24. On the evening precedlnq-- Thanksgiving D_~ and o__qn December 31 and July 3, sales may b~e made until 10:00 p.m. unless otherwise prohibited by subsection (2)(a) of this section. Section 3. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the llth day of Decembe~ , 1989. (Published in the New Hope-Golden Valley Post on the 20th day of .December , 1989.) 2 POST PUBLICATIONS AFFIDAVIT OF PUBLICATION of ,New STATE OF MINNESOTA COUNTY OF HENNEPIN ss. amended to .Liq~r~ Establish- .Ii'f pre] and Walter"~, Roac~ , ~ing duly sworn, ~ ~th ~ys that he is the publisher or authoriz~ agent and employ~ ~ the publisher of the new~a~r kn~n as the PostNews and has full kn~l~ge ~ the facts which are stat~ ~low: I 12:~ ~ and (A) The ne~aper has compli~ with all ~ the r~uirements constituting qualificati~ as a qualifi~ new~a~r, as ~2~mid~ht. ~,, ~r provided by Minne~ta Statue ~1A.02, 331A.07, and other applicable laws, as amendS. ~n I:M a.m. a~,:M~a.m, on O~tn~ce No. 89-22 New Yea~s~y~' ~mo~et by, (B) The printed .T~nks~ving~ ~y ~d ~stms [after] ~ ~; In which is a~ached was cut from the columns ~ said newspa~r, and was print~ and published once a w~k, for ~t' ~ successive w~ks; it was first published ~ We~esday ,the December 19 89 , and was thereafter printed and published on every ~t~Hsh~" of 'the New HO~ c~ed to and including the day of 19 and printed ~low is a copy of the lower ca~ alpha~t from A to Z, ~th inclusive, which is hereby acknowl~ged as lng the size and kind ~ ty~ u~d in the com~sition and publication of the notice: [~d~ O~ the even- abcdefghiiklmn~rstu~xyz iL~the ~f salei or ,after P,rm-:~ .D~ember24.~e ,~ng pre.lng LT~nk~ving 3~l~r:my ~.m~, ~tiL 10:~ ~:by~a~fl (2)(,) ~ ,m~ m- General Manager tlo~ TITLE: nan~a~alt, be ~ecfive~u~n ifs pas- Acknowledged be[ore me on sag~and publication. Da~d',,e '~''~r' d'y 0~ ~cem~r, 21 st December 89 this day of ]9_ A~est Clerk Val ..... RATE INFORMATION 1 .ho (1) Lowest classified rsqte paid by commercial users for cum- $. parable space. (Line) (2) AAaximum rate allowed by law for the above matter. $. (Line) (3) Rate actually charged for the above matter. S. e ~'t"~ (Line) ORDINANCE NO. 89-23 AN ORDINANCE AMENDING VARIOUS NEW HOPE LICENSE AND PERMIT FEES The City Council of the City of New Hope ordains: Section 1. Section 14.027 "Sign Permit Fees" of the New Hope Code is hereby amended by amending subsection (1) "Permanent Permit" to read as follows: (1) Permanent Permit. ~0~08 30.00 Section 2. Section 14.032 "Fire Suppression Permit Fees" of the New Hope Code is hereby amended to read as follows: 14.032 Fire Suppression Permit Fees. Fee amounts for the fire suppression permits required in Subsection 3.117 are as follows: (1) Sprinkler Installation (a) First $1,000.00 in value or fraction thereof ~8~8 20.00 (b) Each additional $500.00 in value or fraction thereof 5.00 (2) Standpipe Installation (a) First $1,000.00 in value or fraction thereof ~8v~8 20.00 (b) Each additional $500.00 in value or fraction thereof 5.00 (3) Alterations for each $500 of value of work or fraction thereof 10.00 Section 3. Section 14.041 "Zoning Permit Fees" of the New Hope Code is hereby amended by amending subsection (1) "Basic Fee Amount" to read as follows: (1) Basic Fee Amount. (a) Minor residential conditional use 48~88 75.00 1 (b) Ail other conditional use ~OOvO0 225.00 (c) Zoning amendments (District or Text) 250.00 (d) Variances, single family residential 40~00 75.00 (e) All other variances ~0~00 175.00 %~+ (f) Planned unit Development 500.00 Section 4. Section 14.042 "Subdivision and Platting Fees" of the New Hope Code is hereby amended by amending subsection (1) "Fee, Per Application" to read as follows: (1) Fee, Per Application. (a) Base application ~00~00 225.00 (b) Minor subdivision 100.00 Section 5. Section 14.111 "Special Hazard U.F.C. Article 4 Permits" of the New Hope Code is hereby amended to read as follows: 14.111 Special Hazard U.F.C. Article 4 Permits. The fee amount for any permit required by Article 4 of the Uniform Fire Code and Subsection 9.022 is $~00~00 $125.00. Section 6. Section 14.113 "Fire Detection and Alarm System Installation Permit" of the New Hope Code is hereby amended by amending subsection (1) "Fee Amount" to read as follows: (1) Fee Amount. ~O~00 $20.00 plus $5.00 per $500.00 valuation of proposed system or fractional part thereof, in excess of $1,000.00. Section 7. Section 14.116 "Open Burning Permit" of the New Hope Code is hereby amended by amending subsection (2) "Thawing" to read as follows: (2) Thawing. The fee amount for each burning permit for the purpose of thawing frozen ground is ~½O~OO $25.00. Section 8. Effective Date. The ordinance shall be effective upon its passage and publication. Dated the llth day of December , 1989. ,,~ MaYor Attest: ~~~ ~~ City Cie - 3 (Published in the New Hope-Golden Valley Post on the 20th day of December , 1989.) POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA [ to read i COUNTY OF HENNEPIN / ss. a ~3~117 Walter D. Roach , being duly sworn, on oath saysthat he isthe publisher or authorized PostNews agent and employee of the publisher of the newspaper known as the itq and has full knowledge of the facts which are stated below: 5.00 , of (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as i on provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed. 0rdinance No. 89-23 which is attached was cut from the columns of said newspaper, and was printed and published once a week, for ! successive weeks; itwasfirstpublishedon Wec~esda¥ the 20ti%aver 175.00 :December ,19 89 . and was thereafter print~ and publish~ on every cy [(g)] (f) F ~ment" to and including tbe day ~ 19 New and printed ~low is a c~y of tbe lower ca~ alpha~t from A to Z, ~th inclusive, which is hereby acknowledg~ by lng the size and kind of ty~ u~d in the com~sition and publication of the notice: Per abcdefghiiklmno~rstu~yz General ~ager 4 ~*the TITLE: 3 ~F~re Acknowledged before me on , amending this21 stday of December ,,. 89 read (2) T~Wi~. The fee amount ~r thawing ~,&~ ~nd is n~hCe ShalLr~ e~tive d~n its pas- Dat&d ~the 11~ day of' Decem~r, (1) L~est classifi~ rate paid by commercial u~rs for com- $. i~. :~ parable ~ace. (Line) Ma~ Edward EricSon ' '~ (2) Maximum rate allowed by law for the a~ve mailer. $. (Line) (3) Rate actually charged for the a~ve mailer. New Hope- (Line) D~em- bar