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1985 ORD ORDINANCE NO. 85-1 AN INTERIM ORDINANCE EXTENDING THE MORATORIUM ESTABLISHED IN ORDINANCE 84-16 CONCERNING LICENSED RESIDENTIAL AND DAY CARE FACILITIES City of New Hope, Minnesota The City Council of the City of New Hope, Minnesota ordains: Section 1. Section 3.142 of the City Code is amended to read: 3. 142 Permit Moratorium. The ban on the acceptance of applications and the issuance of building permits for the construction of licensed residential and day care facilities is hereby extended to and including the 31 day of May , 1985. Section 2. The suspension of the operation and effect of Section 4.052(6) Group Home, Single Family, and 4.072(7), Gro,up Home, Multiple Family is continued from February 25, 1985 to and including the 31 day of May , 1985. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 11th day of February, 1985. Attest: Carol E. Carlson, City Clerk (Published in the New Hope-Golden Valley Post on the 21 day of February , 1985.) NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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. i~ The printed ~-~)' ~'"~'~'--~' which is attached was cut from the columns of said newspaper, and was printed and published once a week, for SO ..... ive weeks; it was first published on ~:~~- -C-/ the ~:~ f'~-'J~ day of 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: abcdefghijklm nopqrstuvwxyz TITLE: . ..C4~(.,/~ .,/~,~..,-~. ) Subscribed and sworn to before me on day of 19 No~ry Public RATE INFORMATION (1) Lowest classified rate paid by commercial users for corn- $ parable space. (Line) (2) Maxlmum rate allowed by law for the above matter. $ (Line) (3) Rate actually charged for the above matter. $ (Line) ORDINANCE NUMBER 85- 2 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY IMPLEMENTING STATE LAW RELATING TO REGULATION OF DAY CARE AND GROUP CARE FACILITIES The City Council of the City of New Hope, Minnesota ordains: Section 1. Section 4.022 Definitions of the New Hope City Code shall be amended by deleting the following definitional sub- sections in their entirety: (10) Boarding (House) Home - Foster Children (19) Chemically dependent person (33) Day care - group nursery (53) Family care facility (68) Group home - single family (69) Group home - multiple family (70) Halfway house (90) Maternity shelter Section 2. Section 4.022 Definitions of the New Hope City Code shall be amended by amending definitional sub-sections (32) "Day Care Home" and (67) "Group Care Facility" and (102) "Persons" to read as follows: (32) Day Care Facility. Any state licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person's own home. Day care facilities include, but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers, day treatment programs, and day services, as defined by Minn. Stat. section 245.782, Subd. 5. (67) Group Care Facility. Any state licensed facility, public or private, which for gain or otherwise regularly provides one or more persons with a 24 hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person's own home. Group care facilities include, but are not limited to: state institutions under the control of the commissioner of public welfare, foster homes, residential treatment centers, maternity shelters, group homes, residential programs, or schools for handicapped children, as defined by Minn. Stat. section 245.782, Subd. 6. (102) Person. An individual, firm, partnership, association, corporation or organization of any kind. Person also means an adult who is handicapped by reason of mental retardation, mental illness, chemical dependency, or physical handicap and a child, whether handicapped or not, as defined per Minn. Stat. section 285.482, Subd. 2. Section 3. Section 4.052 "Permitted R-1 Single Family District" shall be amended by deleting in its entirety sub-section (2) "Boarding (House) Home-Foster Children" and amending sub-sections (3) "Day Care Home" and (6) "Group Home-Single Family" to read as follows: (3) Day Care Facility. A state licensed facility serving twelve (12) or fewer persons. (6) Group Care Facility. A state licensed facility serving six (6) or fewer persons. Section 4. Section 4.064 "Conditional Use Permit-R-2 District" of the New Hope City Code is hereby amended by deleting sub- section (2) "Family Care" in its entirety. Section 5. Section 4.072 "Permitted Uses R-3 District" of the New Hope City Code is hereby amended by deleting in its entirety sub-sections (3) "Boarding (House) Home-Foster Care" and (7) "Group Home Multiple Family" and by amending sub-section (4) "Day Care Home" to read as follows: (4) Day Care Facility. A state licensed facility serving thirteen (13) to sixteen (16) persons. Section 6. Section 4.074 "Conditional Uses R-3 District" of the New Hope City Code is hereby amended by amending sub-section (2) "Day Care" and adding sub-section (4) "Group Care Facility" to read as follows: (2) Day Care Facility. A state licensed facility serving seventeen (17) or more persons. (4) Group Care Facility. A state licensed facility serving seven (7) to sixteen (16) persons, provided that the following conditions are met for the protection of the residents of the facility: (a) The facility is licensed by the State of Minnesota and the operator of the facilitiy provides documentation of compliance with all applicable Federal, State, Metropolitan and County regulations. (b) The facility is in compliance with and is maintained in accordance with the Minnesota State Fire Code and Uniform Building Code. (c) The facility is in compliance with all regulations as determined by the City Director of Fire and Safety or his designated agent. (d) The facility is not located within one thousand three hundred twenty (1,320) feet of any similar type use or care facility. (e) The entrance of the facility is located within four hundred (400) feet of a public transit route and stop, and pedestrian access is available, or the operators provide a transportation/access plan which is found acceptable by the City Council. (f) The operation is subject to annual review and continual monitoring by the City's Human Services Committee and is found to be in compliance with all applicable construction and operation regulations and standards. (g) The criteria as specified in Section 4.212 of this Ordinance are considered and found to be satisfactorily met. Section 7. Section 4.084 "Conditional Uses R-4 District" of the New Hope City Code is hereby amended by amending sub- section (6) "Group Homes" to read as follows: (6) Group Care Facility. A state licensed facility serving seventeen (17) or more persons. Section 8. This ordinance shall be effective upon its passage and publication. Passed by the City Council of the City of New Hope the llth day of March , 198 ~ . Mayor Attest: City Clerk (Published in the New Hope-Golden Valley Post the 21st day of March , 1985) NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATEOF MINNESOTA | COUNTY OF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge of the facts which are stated below: (A) The newspaper has complied with all of the requiremenls constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. which is attached was cut from the columns of said newspaper, and WaS printed and published once a week, for / S ...... ive weeks; it was first published on ~' %/~-~-~.~.~_~ ,the ~'[ ~ day of 7~}~J ,19 ~( ,and wasth .... tier printed and published ...... y to and including the day of 19.~, and printed below is 8 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 Subscribed and sworn to before me on TITLE: Notary Public (1) Lowest classified rate paid by corn mercial users for com- $ parable space. (Line) (2) Maximum rate allowed by law for the above matter. $ (Line) (3) Rate actually charged for the above matter. $ (Line) bY ORDINANCE NO. 85- 3 AN ORDINANCE REPEALING INTERIM ORDINANCE EXTENDING MORATORIUM AFFECTING LICENSED RESIDENTIAL AND DAY CARE FACILITIES The City Council of the City of New Hope, Minnesota, ordains: Section 1. Section 3.142 "Permit Moratorium" of the New Hope City Code is hereby repealed. Section 2. Effective date. This ordinance shall be effective after its passage and publication. Dated the 7th day of March, 1985. Attest: ~~ ~ ~~~cJ City Clerk (Published in the New Hope-Golden Valley Post on the 18th day of April , 1985) . NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ! COUNTY OF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as which is attached was cut from the columns of said newspaper, and was printed and published once a week, for ' ..... SSi ..... ks; it was first published on ~.2~,~ the //~~' ~-'' , day of Q~(~ , 19 ~;~,~ , and wasth .... fter 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 a nd kind of type used in tWe composition and publication of the notice: abcdefghiiklmnopqrstuvwxyz TITLE: Subscribed and sworn to before me on Notary Public ......... ~ATg INEO~ATIO~ (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. 85- 4 AN INTERIM ORDINANCE RESTRICTING THE ISSUANCE OF BUILDING PERMITS FOR ANY CONSTRUCTION AT THE COMMERCIAL SITE LOCATED BETWEEN 42ND AND 45TH AVENUES NORTH AND XYLON AND WINNETKA AVENUES NORTH The City Council of the City of New Hope ordains: Section 1. The City Code is amended by the addition of the following section 3.143: 3.143 Permit Moratorium. A 180 day ban on the acceptance of applications and the issuance of building permits for any construction on the commercial site legally described as follows is hereby imposed: The northeast quarter of the northeast q.u_a.r~cerof Section 18, Township 118, Range 21, Hennepin County, Minnesota To expire August 7, 1985, except as to any such projects which have been approved by the City Council prior to the effective date of this Ordinance. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the llth day of March, 1985. MayOr Attest: ~ ~~~C~? City Clerk (Published in the New Hope-Golden Valley Post on the 215t day of March, 1985). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA | COUNTYOF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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 N~innesota Statue 331A.02, 331A.07, and other applicable laws, as amended. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for / ..... ssi ..... ks; it was first published on (~"~ ~ _, 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 Subscribed and sworn to before me on NO~a ~y Public RATE INFORMATION parable sp~ce. (~ine) (Line) (3) Rate actually charged for the above matter. $ (Line) ORDINANCE NO. 85-5 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 3.453 REQUIRING ADDRESS IDENTIFICATION ON BUILDINGS The City Council of the City of New Hope ordains: Section 1. New Hope Code section 3.453 "Identifiable Addresses is hereby amended to read as follows: 3.453. Identifiable Addresses. (1) Residential Buildings. Every principal residential building shall be identified with Gan ad~ess ~o~ta~n~ng~ its legal street address in numerical form. The numerals shall be at least 4" in height, and either contrasting in color from the principal building, made of reflective material or illuminated. The numerals ~st~eet ~m~e~s+ wh~h~ shall be readable from the nearest adjacent roadway serving the premises. Should the building numerals not be visible from the roadway, an address post displaying the identification numerals of the same minimum height shall be placed adjacent to the driveway in such a manner as to be readable from the roadway. ~he s~ze o~ the ~um~e~g sha~ not e~ee~ the s~ze (2) Commercial, Industrial and Multiple-Family Buildings - Numerals identifying street addresses for commercial and industrial buildings, including multiple family dwellings defined in section 3.333(14) of this Code, shall be a minimum of 6" high and shall comply with the other requirements of subsection (1) above. All such buildings having multiple street addresses shall be required to identify rear door entrances in the same manner as main entrances. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 13th day of May , 1985. addition del eti on ~ Y ~//' Mayor Attest: ~~/ City Clerk (Published in the New Hope-Golden Valley Post on the ._6't__h day of June , 1985). NEW HOPE-GOLDEN VALLEY POST AFFI DAVIT OF PUBLICATION / STATE OF MINNESOTA | COUNTY OF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for ~ 19 (~"~, and was thereafter printed and published on every to and including the day of 19 , and printed below is a copy Of the Jower 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: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me on TITLE: Not~ry Public RATE INFORMATION parable space. (Line) (2) Maxi ..... te allowed by law for the ab ..... tier. $. (Li (3) Rate actually charged for the above matter. $ (Line) ORDINANCE 85-6 AN INTERIM ORDINANCE TEMPORARILY SUSPENDING ALL NEW CONSTRUCTION, NEW USES, DEVELOPMENT OR SUBDIVISIOIN OF PROPERTY BETWEEN 42ND AND 45TH AVENUES NORTH AND XYLON AND WINNETKA AVENUES NORTH, REPEALING INTERIM ORDINANCE 85-4 AND RENUMBERING SECTION 1.50 THROUGH 1.503 The City Council of the City of New Hope ordains: Section 1. The City Code is hereby amended by renumbering sections 1.50 through 1.503 as 1.90 through 1.903 respectively and by adding new sections 1.50 and 1.501 to read as follows: 1.50 Interim Ordinances. 1.52 Suspension of Shopping Center Development - Pursuant to Minn. Stat. section 462.355 Subd. 4, a ban is hereby imposed on the application for and issuance of building permits under Chapter 3 of this Code, text changes, variances, conditional use permits and rezoning requests under Chapter 4 of this Code and subdivision requests under Chapter 13 of this Code for any new construction, new use, new development or subdivision of the property bounded by 42nd and 45th Avenues North and Xylon and Winnetka Avenues North legally described as premises in the State of Minnesota, County of Hennepin, described as follows: Northeast Quarter of the Northeast Quarter of Section 18, Township 118, Range 21 North of the Fifth Principal Meridian, except the North 350.98 feet of the West 409.11 feet thereof. Section 2. The City Code is hereby amended by repealing Section 3.143 "Permit Moratorium" in its entirety, said section having been enacted as Ordinance 85-4. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Section 4. Termination Date. This Ordinance shall expire, and be of no further force and effect at midnight, September 21, 1985. Dated the 25th day of March, 1985. ~/"-- Mayor ttes : City Clerk (Published in the New Hope-Golden Valley Post on the 28thday of March, 1985). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ! COUNTY OF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge of the facts which are stated below: fA) 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. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for / successi ..... ks; it was first published on ~'~--e,~ ,the day of ~Y,~'~,.-¢_ ~,.~,' 19 ~"~ , and wast. .... tier printed and published ...... y 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: abcdefghijklmnopqrstuvwxyz TITLE: Not~ry Public RATE INFORMATION (I) Lowest classified r~tepsid bycommercisI usersforcom- $ psrsble sp~ce. (Line) (2) Maximum rate allowed by law for the above matter. (Line) (3) Rate actually charged for the above matter. $ (Line) ORDINANCE NO. 85-7 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE PERMITTING DAY CARE FACILITIES IN R-1 ZONING DISTRICTS AS A CONDITIONAL USE AND IN R-3 ZONING DISTRICTS AS A PERMITTED USE The City Council of the City of New Hope ordains: Section 1. Section 4.054 "Conditional Uses, R-l" of the New Hope City Code is hereby amended by the addition of 4.054(6) to read as follows: (6) Day Care Facility - A state licensed facility, serving thirteen (13) or more people provided that: a. Accessory Use. The day care facility is an accessory use of a building used for educational or religious purposes as permitted by and in compliance with section 4.054(1) of this Code. b. Hours of Operation. The facilities operating hours are limited to the period of 6:30 a.m. to 6:30 p.m. c. Front Yard Set-back. The front yard set-back is a minimum of thirty (30) feet. d. Off-Street Parking. Adequate off-street parking and access is provided in compliance with Section 4.036 of this Code. e. Off-Street Loading. Adequate off-street loading and service entrances are provided in compliance with Section 4.037 of this Code. f. Outdoor Play Areas. Outdoor play areas are landscaped and screened from abutting residential properties in compliance with Section 4.033(3) of this Code. g. Street Access. The site and related parking and service is served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. h. Signs. All signing and information or visual communication devices is in compliance with Section 4.038 of this Code. - i. General Conditional Use Requirements. The provisions of Section 4.21 through 4.212(6)(c) of this Code are satisfactorily met. j.State Regulations. The regUlations and conditions of Minn. Rules Parts 9545.0510 through 9545.0678 as adopted and amended are satisfactorily met. No facility shall begin operation without a state license as required by the regulations referred to in this sub-section (j). k. Building and Fire Codes. That all applicable provisions of the Minnesota State Building Code and Fire Code have all been met. That the City Building Official and Fire Marshall shall inspect the property prior to the issuance of the conditional use permit to determine if this sub- section of this Code has been complied with. Section 2. Section 4.074(2) "Day Care Facility" of the New Hope City Code is hereby amended to read as follows: (2) Day Care Facility. A state licensed facility, serving seventeen (17) or more persons provided that: a. Front Set Back. [Sve~a~ht-~a~e-P~oh~B~teav No ~emovea aa~y=] The front yard depth is a minimum of thirty feet. b. Off-Street Parking. [F~oat-Set-Bae~v ~he ~oat Adequate off-street parking and access is provided in compliance with Section 4.036 of this Code. c. Off-Street Loading. [Street-Access= The s&te aaa ~e~atea pa~k~a~ aaa se~v~ee sha~ be se~vea by aa ~eae~atea]. Adequate off-street loading and service entrances are provided in compliance with section 4.037 of this Code. d. Street Access. [BPW-Re~at~oasv Whe ~e~at~oas ¥~B~e Welfare? a~e sat~s~aeto~y met]. The site and related parking and service is served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. e. General Conditional Use Requirements. [P~e~m~ma~y s~pp~&ea to the e~ty=] The provisions of section 4.21 through 4.212(6)(c) of this Code are satisfactorily met. f. State Regulations. The regulations and conditions of Minn. Rules Part 9545.0510 through 9545.0670 are satisfactorily met. No facility shall begin operation without a state license as required by the regulations referred to in this sub-section (f). g. Building and Fire Code. That all applicable provisions of the Minnesota State Building Code and Fire Code have been met. That the City Building Official and Fire Marshall shall inspect the property prior to the issuance of the conditional use permit to determine if this sub- section of this Code has been complied with. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the lSth day of July , 1985. / ..... y Mayor- Attest: City Clerk (Published in the New Hope-Golden Valley Post on the 18th day of July , 1985). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF ItENNEPIN ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge of the facts which are stated below: (Al 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. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for SU ..... ' ..... ks; it WaS first published on/ ~/~_ ~L/~_ the ' ~ ~,y of ~/ 19 ~ ,anOwasth .... fter printeO and published on every to and including the day of 19~, and printed below is a copy of the lower case alphabet from A~o 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 iud TITLE: Subscribed and sworn to before me on this / ~ ~'~'~dayof ~__,x~ 19 Notary Publ Jc ?~ 21 ' ~ dept~-~i~ ~a thirtr f~t. : (1) Lowest classified rate paid by commercial users for corn $ b:' ~-St~et Parking [Front ~t parable space. (Line) ~. The ~ont yard depth ehall..U,a minimu~ .of-t~i~y et.] .~e ~ '~k- (2) Maximum rate allowed by law for the above matter. $ lng ahd accfls is pro~M~ in (Line) ' ~mpl!ance with ~dion 4.0~ of '*4hls~. ~*~ ....... , (3) Rate actually charged for the above matter. ~. ~l-~t~ ~i.g.' [SI~.i ~- (Line) tess, ~'~ ~JJe ~d retat~ pack- ing and ~rvice sha~ be ~rved ORDINANCE NO. 85-8 AN ORDINANCE AMENDING APPENDIX C OF THE NEW HOPE CITY CODE EXCLUDING THE POSITION OF ADMINISTRATIVE ASSISTANT FROM THE CLASSIFIED SERVICE OF THE NEW HOPE CIVIL SERVICE The City Council of the City of New Hope ordains: Section 1. Section 3. "Classified Service" Subdivision l(e) b. of Appendix C of the New Hope City Code is hereby amended to read as follows: b. The City Engineer, Attorney, Assessor, Health Officer, [a~] Treasurer and Administrative Assistant. Section 2. Effective date. This Ordinance shall be effective upon its passage and publication. Dated the 13thday of May , 1985. Mayor Attest: ~ ~'~, ~t~9~ City Clerk (Published in the New Hope-Golden Valley Post on the 30th day of May , 1985 ) . NEW HOPE-GOLDEN VALLEY POST -. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE ANDC~OLDEN VALLEY, and has full knowl- edge of the facts whlch are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by/~Ainnesota Statue 331A.02,331A.07, and other applicable laws, as amended. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for / successiv .... ks; it was first published on ~'~ ~-~ the ~-~-~ dayof ~'~-~-~,~- , 19 C~'~ , 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: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me on TITLE: this ?'~ dayof ~_~?*-/~--~ 19 N'ot~ r y Public ' RA~ INfORmAtION (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 mat,er. $ (Line) · ORDINANCE NO. 85-9 AN INTERIM ORDINANCE TEMPORARILY SUSPENDING ALL NEW CONSTRUCTION, NEW USES, DEVELOPMENT OR SUBDIVISION OF PROPERTY WITHIN 500 FEET OF 42ND AVENUE NORTH BETWEEN WINNETKA AND LOUISIANA AVENUE NORTH The City Council of the City of New Hope ordains: Section 1. The New Hope City Code is hereby amended by adding Section 1.53 "Suspension of Development on 42nd Avenue North" to read as follows: 1.53 Suspension of Development on 42nd Avenue North - Pursuant to Minn. Stat. section 462.355 Subd. 4, a ban is hereby imposed on the application for and issuance of building permits under Chapter 3 of this Code, text chanqes, variances, conditional use permits and rezoning requests under Chapter 4 of this Code and subdivision requests under Chapter 13 of this Code for any new construction, new use, new development or subdivision of all properties abutting County State Aid Highway No. 9, commonly known as 42nd Avenue North, extending 500 feet to the north and 500 feet to the south, lying between Winnetka Avenue North and Louisiana Avenue North, located in the City of New Hope. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Section 3. Termination Date. This Ordinance shall expire, and be of no further force and effect at midnight, September 21, 1985. Dated the 13th day of May, 1985. ~/'- Mayor Attest: ~t~t ~_~1 ~~~./r City Clerk (Published in the New Hope-Golden Valley Post on the 6th day of June , 1985). 1 NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ~ SS. COUNTY OF HENNEPIN Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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. ~ 0r which is attached was cut from the columns of said newspaper, and was printed and published once a week, for )lden~ ~ 19 0c~'"~ , and wasthereafter 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 fo 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: abcdefghiiklmnopqrstuvw×yz / th~s ~2 ~ day of (~~ ~ Notary Public RAT~ INfORmATION (1) Lowest classified rate paid by commercial users for corn $ parable space. (Line) (2) Maximumrateallowedbylawfortheabovematter. $ ~/' ~ (Line) /, (3) Rate actually charged for the above matter. $ ~ ORDINANCE NO. 85-10 AN ORDINANCE AMENDING CHAPTER 14 OF THE NEW HOPE CITY CODE BY INCREASING THE QUARTERLY SEWER AND WATER RATES The City Council of the City of New Hope ordains: Section 1. Section 14.502(1) "Metered Water Sewer Rates; Adjustment" of the New Hope City Code is hereby amended to read as follows: (1) Metered Water Sewer Rates; Adjustment. For all premises where the sewer rate is based upon metered water, the fees shall include a minimum charge of [~09] $4.00 per quarter plus [$~4] $1.44 for each 1,000 gallons of water consumption over and above the initial 1,000 gallons. For single family residences only, sewer charges shall be computed on the basis of actual gallons of water metered during the winter billing quarters; winter quarters are the quarters billed from January to the following May; sewer charges for the summer quarters, quarters billed from June to the following November, shall be determined by averaging the gallonage of water metered during the winter billings; provided, however, that the gallons charged for the summer billings shall not exceed an amount equal to the actual metered water, if actual usage is less than the amount determined by the averaging method. The quarterly periods shall be as uniform as feasible throughout the City. Section 2. Section 14.510(2) "Water Rates" of the New Hope City Code is hereby amended to read as follows: (2) Water Rates. Water bills shall be concurrent with sewer billings. The rate for water furnished to consumers by the municipal water system shall be as follows: The minimum quarterly charge will be [$~=08] $3.60 for each meter plus [$v89] $.95 for each 1,000 gallons of consumption over and above the initial 1,000 gallons recorded on said meter for the quarter. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 13th day of May , 1985. ~z/'~ayor Attest: ~J~ ~~tO City Clerk (Published in the New Hope-Golden Valley Post on the ~ 6th 'day of June , 1985). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTYOF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for I~e~ /~s ...... , ..... ks;itwasfirstpublishedon ('~~f the ~ ~ dayof ~v~-X~-"~-'c-~ ~ , 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: abcdefghiiklm nopqrstuvwxyz Subscribed and sworn to before me on TITLE: this ~ ~' d*yof .... C.~ 19. Not,~ry Public RATE INFORMATION (1) Lowest classified rate paid by commercial users for com- $. parable space. (Line)  (Line) (3) Rate actually charged for the above matter. $ (Line) ORDINANCE NO. 85-11 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 2.135 REDUCING REGULAR PLANNING COMMISSION MEETINGS TO ONE MEETING PER MONTH The City Council of the City of New Hope ordains: Section 1. Section 2.135 "Meetings" of the New Hope City Code is hereby amended to read as follows: 2.135 Meetings. The Planning Commission shall hold [~wo] one regular meeting[s] each month, on such day[s] and at such time[s] as established by the Council. Special meetings shall be called by the Chairman upon his request not more than two days after receipt by the Chairman or Secretary of a written request for a special meeting signed by three or more members of the Planning Commission. Special meetings shall require two days written notice to each member. No meeting shall be held during the month of July unless called as a special meeting according to the procedure of this section. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 13th day of May , 1985. City Clerk (Published in the New Hope-Golden Valley Post on the ~ 6th day of June , 1985). 1 NEW HOPE-GOLDEN VALLEY POST AFFI DAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ss. Gary E. L'Herault, being duly sworn, on oath says that he rs the publisher of the newspaper known as the NEW HOPE-GOLD£N VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has tull knowl- edge 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 N~innesota Statue 33]A.02, 33]A.07, and other applicable laws, as amended. (B) The printed ..~_.~4..~.~.~ ~'"~ 0 . <~:> ,~ ~ // which is attached was cut from the columns of said newspaper, and was printed and published once a week, for / successive weeks; ,, was first published on ~7~ the ~__~7 ~dayof ( ~M../L~L~ ,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 ing the size and kind of type used in the composition and publication of the notice: abcdefghiiklmnopqrsfuvwxyz Subscribed and ..... to before me onTITLE:~~ No,fy Public RATE INFORMATION (1) Lowestclassifiedratepaidbycommercialusersforcom- $_ ~ ' (2) Maximumrateallowedbylawfortheabovematter. $ ~ /' ~/ (Line) (3) Rate actually charged for the above matter. $. ~ / ' ~/ (Line) ORDINANCE NO. 85-12 AN ORDINANCE AMENDING NEW HOPE CODE SECTIONS 8.19 THROUGH 8.242 CONFORMING CITY REGULATION OF CHARITABLE GAMBLING TO STATE LAW The City Council of the City of New Hope ordains: Section 1. The New Hope City Code is hereby amended by the repeal of the following New Hope Code Sections in their entirety: 8.192(2) Gambling Devices. 8.192(3) Paddlewheel 8.192(5) Tipboard 8.192(8) Pulltabs 8.207 Prizes 8.237 Exceptions Section 2. New Hope City Code section 8.19 "Gambling- Raffles, Etc. is hereby amended to read as follows: 8.19 [~AMB~N~] RAFFLES [~T~]. Section 3. New Hope Code section 8.191 "Purpose" is hereby amended to read as follows: 8.191 Purpose. The purpose of this section is to closely regulate and control the conduct of [~am~g] raffles in conformance with Minn. Stat. section 349.11 through 349.22. Section 4. New Hope Code section 8.193 "License Required" is hereby amended to read as follows: 8.193 License Required. as p~ov~aea ~n %h~s se~%~on.] Any eligible organization as defined by Section 8.194 shall be required to obtain a license to conduct raffles as provided in this section if the prizes awarded annually do not exceed $750.00. If prizes awarded do exceed $750.00, said organization must have a state license issued by the State Charitable Gambling Board. Merchandise prizes must be valued at fair market value. 1 Section 5. New Hope Code section 8.195 "License Fee" is hereby amended to read as follows: 8.195 License Fee. [Seper~te] Licenses sha~ Be re~re~ for the [eperat~o~] conduct of [pa~ewhee~s? t~pbo~r~s amd] raffles, shall expire on December 31 of each year, and shall be issued for an annual fee as prescribed in Chapter 14. Licenses may be issued for a lesser period of time upon request of the applicant, and shall not exceed the leasehold term of the applicant for the premises where the [~amb~n~ or] raffle is to be conducted. Section 6. New Hope Code section 8.197 "Use of Profit" is hereby amended to read as follows: 8.197 Use of Profit. Profits from the [operat~om o~ gambling ~ev~ees or the] conduct of raffles shall be used solely as authorized at a regular meeting of the organization, and solely for a lawful purpose defined here~n in section 8.192(4) of this Code. Section 7. New Hope Code section 8.198 "Conduct of Gambling" is hereby amended to read as follows: 8.198 Conduct of [Sam~] Raffles. All conduct of raffles shall be under the supervision of a single gambling manager to be designated by the organization and so recorded in the official minutes of the organization within 48 hours after appointment. Section 8. New Hope Code Section 8.199 "Gambling Manager Responsibilities" is hereby amended to read as follows: 8.199 Gambling Manager Responsibilities. The gambling manager shall be responsible for accounting and all record keeping as to gross receipts and profits from [gambling ~ev~es an~] raffles, [~ ~or their operation?] and shall be responsible for using profits for a lawful purpose, and for the conduct of lawful gambling in accordance with all applicable laws and with the provisions of this Code. Section 9. New Hope Code Section 8.202 "Compensation" is hereby amended to read as follows: 8.202 Compensation. No compensation shall be paid to any person in connection with the conduct of a raffle by a licensed 2 organization. No person who is not an active member of an organization, or its auxiliary, or the spouse or surviving spouse of an active member may participate in the ~ev~ee or] conduct of a raffle. Section 10. New Hope Code Section 8.203 "Reporting Requirements" is hereby amended to read as follows: 8.203 Reporting Requirements. Each organization licensed [to operate gambling ~ev~es] shall keep records of its gross receipts, expenses and profits for each single gathering or occasion at which [gambling ~ev~ees are operate~ or] a raffle is conducted. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distribution of profits shall be itemized as to payee, purpose, amount and date of payment. Section 11. New Hope Code Section 8.204 "Separation of Funds" is hereby amended to read as follows: 8.204 Separation of Funds. Gross receipts from the operation of [g&m~ng ~ev~oes aa~ the con~ot o~] raffles shall be segregated from other revenues of the organization, including bingo gross receipts, if any, and placed in a separate account. Each organization shall have separate records of its gambling operations. The person who accounts for gross receipts, expenses and profits from the conduct of raffles shall not be the same person who accounts for other revenues of the organization, except that such person may be the same person who accounts for bingo gross receipts, expenses and profits, if any. Section 12. New Hope Code Section 8.205 "Monthly Reports" is hereby amended to read as follows: 8.205 Monthly Reports. Each organization licensed to [operate gamb}&ng ~ev&ees or to] conduct raffles shall report monthly to its membership, and to the City Clerk, its gross receipts, expenses and profits from ~ev&ees or] raffles, and the distribution of profits itemized as required in this section. 3 Section 13. New Hope Code Section 8.206 "Eligible Premises" is hereby amended to read as follows: 8.206 Eligible Premises. [GamB~ ~ev~ees s~a~ Be ~pe~a%e~ am~] Raffles shall be conducted by a licensed organization only upon premises which it owns or leases, except that tickets for raffles conducted in accordance with this section may be sold off the premises. Leases, unless authorized in another location by the City, shall be for a period of not less than one year and shall be in writing. ~No lease shall provide that rental payments be based on a percentage of receipts or profits from [~amB~m~ ~ev~es or] raffles. Copies of all leases shall be provided to the City Clerk. No raffles may be conducted on any premises licensed by the City to sell intoxicating liquor, wine or non-intoxicating malt beverages. Section 14. New Hope Code Section 8.208 "Bingo" is hereby amended to read as follows: 8.208 Bingo. Nothing in this section shall be construed to authorize the conduct of bingo without acquiring a separate bingo license from either the City or the State Charitable Gambling Board. Section 15. New Hope Code Section 8.221 "Purpose" is hereby amended to read as follows: 8.221 Purpose. The purpose of this section is to closely regulate and control the conduct of the game of bingo, and to prohibit commercialization of bingo in conformance with Minn. Stat. section 349.11 through 349.22. section 16. New Hope Code Section 8.223 "License Required" is hereby amended to read as follows: 8.223 License Required. [No B~o o~as~o~ sha~ Any eligible organization as defined in Section 8.222(6) shall be required to obtain a license to conduct bingo occasions as provided in this section if said organization holds four (4) or fewer bingo occasions annually or the bingo occasions are conducted in connection with a City Council recoqnized Civic celebration or County fair that is continuous for 12 days or less. The City Council shall not issue a license until at least 30 days after the date of the application, and if the City Council fails to act on an application for a license within 120 days, the application shall be deemed rejected. Section 17. New Hope Code Section 8.257 "Prizes" is hereby amended to read as follows: 8.227 Prizes. (1) Single Game Limits. Prizes for a single bingo game may not exceed $100 except prizes for a cover-all game, which may exceed $100 if the aggregate value of all cover- all prizes in a bingo occasion does not exceed $500. Total prizes awarded at a bingo occasion may not exceed $2,500, unless a cover-all game is played in which case the limit is $3,000. For purposes of this subdivision, a cover-all game is one in which a player must cover all spaces except a single free space to win. (2) Bingo cumulative prizes. A prize of up to $1,000 may be awarded for a single bingo game if the prize is an accumulation of prizes not won in games in previous bingo occasions. The total amount awarded in cumulative prizes in any calendar year may not exceed $12,000. For bingo occasions in which a cumulative prize is awarded the aggregate value of prizes which may be awarded for the occasion is increased by the amount of the cumulative prize so awarded less $100. (3) Prize value. Merchandise prizes must be valued at their fair market value. "Prizes" do not include free plays awarded. Section 18. New Hope Code Section 8.235 "Written Lease Required" is hereby amended to read as follows: 8.235 Eligible Premises for Bingo Occasions. No organization shall conduct bingo occasions on any premises licensed by the City to sell intoxicating liquor, wine or non-intoxicating malt beverages. No organization shall conduct bingo on any leased premises without a written lease for a term at lease equal to the remainder of the term of the bingo license of the organization. Lease payments shall be at a fixed monthly rate, or rate per 5 bingo occasion, not subject to change during the term of the lease. No such lease shall provide that rental pa~ents be based on a percentage of receipts or profits from bingo occasions. Section 19. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 24th day of J~e , 1985. ~'- Mayor Attest: ~~ ~~L~t3~ City Clerk (Published in the New Hope-Golden Valley Post on the 4th day of July , 1985). SUMMARY OF ORDINANCE NO. 85-12 AN ORDINANCE AMENDING NEW HOPE CODE SECTIONS 8.19 THROUGH 8.242 CONFORMING CITY REGULATION OF CHARITABLE GAMBLING TO STATE LAW City of New Hope, Minnesota On the 28th day of May, 1985 the Citv Cogent_il New Hope, enacted Ordinance No. 85-1 Council further determined that the informs the public of the intent and '~~. conformance with Minnesota Statute s Section 1. Summary of Text. N conforms the City's regulation of ch Law codified in Minnesota Statutes s 349.22. The effect of this Ordinanc charitable organizations to obtain C raffles if prizes awarded annually d conduct bingo occasion four or fewer connection with civic celebrations. /~ gambling requires a State license. prohibits all charitable gambling on ~~ City to sell intoxicating liquor, wi beverages. Section 2. Notice. A copy of '~iI~A~ Ordinance is available at the recept 4401 Xylon Avenue North in the City . there until at least June 28, 1985. Ordinance is also available for insp. person during regular office hours ol Clerk at the same address. Section 3. Effective Date. Or( ~ effective upon the passage and publi( Dated the 28th day of May, 1985_ /, / Mayor Attest: ~~, ~ City Clerk (Published in the New Hope-Golden Valley Post on the 4th day of July , 1985) . NEW HOPE-GOLDEN VALLEY POST AFFI DAVIT OF PUBLICATION STATE OF MINNESOTA COUNTYOF HENNEPIN/ ss. New~ ~ the* ugh Gary E. L'HerauIt, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- COlOr'Ct edge of the facts wh ich a re stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as times WiJh- provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. '~ [V~ other which is attached was c~ from the columns of said newspaper, and was printed and published once a week, for successi ..... ks;itwasfirstpubHshedon ~/~.~~ ,the ~/~ dayof / ~ ,19 ~ , ~nd wa~ ~herea~ter printed ~nd published on every to and including the day of 19~, and prinled 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: abcdefghijkl mnopqrst uvwxyz this O ~dayof ~, ~, ~,. (1) Lowest classified rate paid by commercial users for com- , ~ parable space. (Line) (2) Maxi .... ate allowed by law for the ab .... atter. $. (Line) ~ (kine) ORDINANCE NO. 85-13 AN ORDINANCE CORRECTING INTERIM ORDINANCE 84-14 RESTRICTING THE ISSUANCE OF BUILDING PERMITS AND THE ACCEPTANCE OF APPLICATIONS FOR MINI-WAREHOUSES The City Council of the City of New Hope ordains: Section 1. The City Code is amended by substituting the following Section 3.141 for the section 3.141 established by Ordinance 84-14: 3.141 Mini-Warehouse Permit Moratorium. The nine month ban on the acceptance of applications and the issuance of building permits for the construction of mini-warehouses imposed by Ordinance 84-14 will expire On September 6, 1985, instead of November 6, 1985, as erroneously stated in Ordinance 84-14. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 24th day of June, 1985. /' - ~'-Mayor Attest: ~.~~ City Clerk (Published in the New Hope-Golden Valley Post the 4th day of July 1985). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION .... STATE OF MINNESOTA COUNTYOF HENNEPIN/ ss. r 6, Gary E. L'HerauIt, being duly sworn, on oath say5 that be is the publisher of the newspaper known as the NEW it% HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, ~n~ ~s full Knowl- edge of me f~cts w~ic~ ~re st~te~ below: : (A) T~e newspaper ~s complie~ wit~ ~11 of t~e requirements constituting qualification ~s ~ provided by Minnesot~ Statue 331A.02,331A.07, 8nd other ~pplic~ble I~ws, ~s ~mended. ~lden ~ · ~ which Js ~ttached was cut from the columns of s~id newspaper, 8nd w~s printed 8nd published once 8 week, for  weeks; it w*s first published on ~~~ · , 19 ~ , and was thereafter printed and published on every to and including the day of 19~, and printed below is e 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: abcdefghii klmnopqrstuvwxyz BY: ~ ' Subscribed and sworn to before me on this ~ deyof ~~ 19. ~ry Public RATE INFORMATION  (1) Lowest classified rate paid by commercial users for corn- $. parable space. (Line) (2) Maximum rate allowed by law for the above matter. $ (3) ~ale actuallg char~ed for*he a~ove malter. $ (Line) ORDINANCE NO. 85-14 AN ORDINANCE AMENDING THE ZONING CODE BY CHANGING CERTAIN ZONING FROM R-2 TO R-4 (06-118-21 41 0023, TRACT G, RLS 1137, EXCEPT ROAD) The City Council of the City of New Hope ordains: Section 1. Section 4.26 "Extent of R-2 Single and Two Family Residential District" of the New Hope City Code is hereby amended by deleting from subsection (3) tract G, RLS 1137 and shall read as follows: (3) Tracts A, B, C, D, E, and F, RLS No. 1137. Section 2. Section 4.28 "Extent of R-4 High Density Residential District" of the New Hope City Code is hereby amended by the addition of Subsection (32) to read as follows: (32) Tract G, RLS No. 1137. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 10th day of June , 1985. Attest: ~10~J ~ ~~J City Clerk (Published in the New Hope-Golden Valley Post on the 5th day of September , 1985) NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATEOF MINNESOTA | COUNTY OF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge of the facts wh ich a re 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. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for · / successiveweeks; itwasfirstpublishedon '~1C~.~_~/ ,the ~ /--Jk~ day of /~'~--~-~) , 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: abcdefghijkl mnopqrstuvwxyz Subscribed and sworn to before me on TITLE: this ~'~ '~'Z~ dayof ~ ' ' 19 y Public ,. ~ , RATE INFORMATION (1) Lowest classified rate paid by commercial users for com- $_ parable space. (Line) (2) Maximum rate allowed by law for the above matter. $ (Line) (3) Rate actually charged for the ab .... 8tter. $_ (Line) ORDINANCE NO. 85-15 AN ORDINANCE AMENDING INTERIM ORDINANCE 85-13 RESTRICTING THE ISSUANCE OF BUILDING PERMITS AND THE ACCEPTANCE OF APPLICATIONS FOR MINI-WAREHOUSES BY EXTENDING THE PERMIT MORATORIUM The City Council of the City of New Hope ordains: Section 1. The City Code is hereby amended by substituting the following Section 3.141 for the Section 3.141 established by Ordinance 85-13: 3.141 Mini-Warehouse Permit Moratorium. The nine month ban on the acceptance of applications and.the issuance of building permits for the construction of mini-warehouses imposed by Ordinance 85-13 shall be extended for an additional three months and will expire on December 6, 1985. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 26th day of August , 1985. ~/~ ~ Mayor Attest: City Clerk (Published in the New Hope-Golden Valley Post the 5th day of September , 1985). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- ·, ~. edge of the facts which are stated below: (Al 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. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for / ....... i .... eks, if was first published on (~~~¢' , tho ,~,~ ~) ~day of ~-'~-'~'~ 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 composiHon and publicafion of the notice: abcdefghiiklmnopqrstuvwxyz B Y: Subscribed and sworn to before me on TITLE: '-~~~ No~ry Public RATE INFORMATION (1) Lowest classified ra~e p~id by commercial users for corn- $_ parable space. (~ine) (2) ~axi .... ate allowed by law for the abo .... Her. $ ~J~ 5/ (Line) (3) Rateactuallychargedfortheabovematter. $_ ~ ~' ORDINANCE NO. 85-16 AN ORDINANCE AMENDING INTERIM ORDINANCE 85-6 TEMPORARILY SUSPENDING ALL NEW CONSTRUCTION, NEW USES, DEVELOPMENT OR SUBDIVISION OF PROPERTY BETWEEN 42ND AND 45TH AVENUES NORTH AND XYLON AND WINNETKA BY EXTENDING ITS TERMINATION-DATE The City Council of the City of New Hope ordains: Section 1. New Hope City Code Section 1.52 "Suspension of Shopping Center Development" is hereby amended by extending its termination date to December 27, 1985. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the llth day of September, 1985. City Clerk (Published in the New Hope-Golden Valley Post on the 19th day of September , 1985). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA | COUNTYOF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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, 33]A.07, and other applicable laws, as amended. (B) Theprinted C~~. >~' ~ }~ which is attached was cut from the columns of said newspaper, and was printed and published once a week, for suc(~essiveweeks;itwasfirstpublishedon ~t~ ,the }~ayof , 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 hereb, y acknowledged as be- ing the size and kind of type used in the composition and publication of the notice: abcdefghiiklm nopqrstuvwxyz TITLE: t'~d<-~ z''~i Subscribed and sworn ~o before me on this ~ ~ ~Cd~y of , ~ 19. N ofary Public gATg INFO~ATIO~ (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. 85-17 AN ORDINANCE AMENDING INTERIM ORDINANCE 85-9 TEMPORARILY SUSPENDING ALL NEW CONSTRUCTION, NEW USES, DEVELOPMENT OR SUBDIVISION OF PROPERTY WITHIN 500 FEET OF 42ND AVENUE NORTH BETWEEN WINNETKA AND LOUISIANA AVENUE NORTH BY EXTENDING ITS TERMINATION DATE The City Council of the City of New Hope ordains: Section 1. New Hope City Code Section 1.53 "Suspension of Development on 42nd Avenue North" is hereby amended by extending its termination date to December 27, 1985. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the llth day of September, 1985. / T / ~ Mayor Attest: City Clerk (Published in the New Hope-Golden Valley Post on the 19th day of September , 1985). NEW HOPE-GOLDEN VALLEY POST AFFI DAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowF edge 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. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for .... ks; itwasfirstpublishedon ~"~J-~'L~'~ the /~-'~ ~7~dayof / successiv 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: abcdefghijklmnopqrstuvwxyz BY: Subscribed and ..... to befo ......TITLE: ~/ ~' /? ,/ /~ t~~ Notary Public INFORMATION (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. 85-18 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 4.202 SPECIAL ZONING PROCEDURES BY INCLUDING A MINOR VARIANCE PROVISION AND CHANGING TERMINATION PROCEDURES The City Council of the City of New Hope ordains: Section 1. New Hope Code section 4.202 "Decisional Process" shall be hereby amended by the addition of sub-section 4.202(1) "Request For Special Zoning-How Made" to read as follows: (1) Request for Special Zoning-How Made. All requests for special zoning shall be processed in the following manner with the exception of minor variances as defined by section 4.221(4). Section 2. New Hope Code section 4.202(2) "Application" shall be hereby renumbered 4.202(1)(b) and amended to read as follows: (b) Application. Application for Special Zoning Procedures may must be initiated by e~y all persons owning an interest in the real estate which would be affected by the requested procedure. A certificate of title or documentation of interest is to be provided as part of the application. Request for Special Zoning Procedures shall be filed with the Zoning Administrator or any staff persons designated by the City Manager on an official application form of the City, accompanied by a fee as outlined in Chapter 14. The application shall also be accompanied by detailed written and graphic materials fully explaining the proposed change, development, or use. The number of copies to be provided and any additional data shall be determined by the City Manager. Section 3. New Hope Code section 4.202(18) "Termination of Special Zoning Procedure" is hereby renumbered 4.202(1)(q) and amended to read as follows: (q) Termination of Special Zoning Procedure Approval. If the work or use authorized by a Special Zoning Procedure has not been implemented within a year after final Council approval, the said procedure shall automatically terminate unless a petition for extension of time to implement the use or complete the work pursuant to the Special Zoning Procedure has been granted by the City Council. Petition for extensions shall be made in writing and filed with the City Manager at least thirty days before the expiration of the Special Zoning Procedure. There shall be no charge for the filing of a petition for extension. The petition shall include a statement of facts explaining the circumstances necessitating the extension. If a petition for extension is filed, the Council may [~he~ea~te~] terminate or modify the Special Zoning Procedure for non-use, after a hearing or hearings held in the same manner as for the original consideration of the Special Zoning Procedure, including notice to the applicant and his successor in interest, if any. If after a hearing, the Council determines ~e~ ¥~eed~e has ~t bee~ ~t~ed? a~] that the basis for approval of the original Special Zoning Procedure no longer exists, in whole or substantial part, the Council may terminate or modify the authority or use previously approved under the Special Zoning Procedure. [~he Section 4. New Hope Code sections 4.202(1), 4.202(3) through (16) and 4.202(18) are hereby renumbered to read as follows: 4.202(1) shall be 4.202(1)(a) 4.202(3) shall be 4.202(1)(c) 4.202(4) shall be 4.202(1)(d) 4.202(5) shall be 4.202(1)(e) 4.202(6) shall be 4.202(1)(f) 4.202(7) shall be 4.202(1)(g) 4.202(8) shall be 4.202(1)(h) 4.202(9) shall be 4.202(1)(i) 4.202(10) shall be 4.202(1)(j) 4.202(11) shall be 4.202(1)(k) 4.202(12) shall be 4.202(1)(1) 4.202(13) shall be 4.202(1)(m) 4.202(14) shall be 4.202(1)(n) 4.202(15) shall be 4.202(1)(o) 4.202(16) shall be 4.202(1)(p) 4.202(18) shall be 4.202(1)(r) Section 5. New Hope Code section 4.202 "Decisional Process" is hereby amended by the addition of 4.202(2) to read as follows: (2) Request for Minor Variance. A minor variance request, as defined in section 4.221(4) shall be made in the same 2 manner as all other special zoning requests and subject to all provisions of 4.202(1), except that all requests will be presented directly to the City Council without referral to the Planning Commission. The City Manaser will determine what requests qualify as a minor variance and the City Council may refer any request back to the Planning Commission pursuant to section 4.202(1)(k). Section 6. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 28th day of October , 1985. City Clerk (Published in the New Hope-Golden Valley Post the 7th day of November , 1985). 3 NEW HOPE-GOLDEN VALLEY POST AFFI DAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW NOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE ANDGO/DEN VALLEY, and has full knowl- edge 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/v~innesota Statue 331A.02,331A.07, and other applicable laws, as amended. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for / successi ..... ks; it wasfirstpublishedon ~'~-'~-~ the ~'~ ~ day of ~O and including the day of 19~, and printed below is a copy of the lower case alphabet from A to Z, both inclusive w~ich is hereby acknowledged as be- ing the size and kind of type used in t~e composition and publication of the notice: abcdefghi jklmnopqrstuvwxyz BY: ' Subscribed and sworn to before me on TITLE: 'his ~'~-- ~yOf Y~~~ ]9. N~ry Public cn ' "' ''" 'RATE INFORMATION Z~ not b~n ci~l (]) Lowest classified rale paid by commercial users for corn $_ g~r' ex~ parable space. (Line) ' :i' !1 part, use pre- (2) Maximumrateallowedbylawfor the above maHer. $ Jnder: the (Line) .~/. (Line) aQy imep~ O~to~e~mination]~ ~{ ! ;~; ~1 ~'Hope CaBb ~ctions 4.202~i~: 4;~2 ~} ~U~h (16) and 4;20~{t~ ;a~e ~ e~e~V"renUmb~red to rea~a~~ ~llOWs~ ~ ~;20 [4) shi:llbe4~202(1)(~) ~ ORDINANCE NO. 85-19 AN ORDINANCE AMENDING SPECIAL ZONING PROCEDURES BY REQUIRING APPLICANTS FOR CONDITIONAL USE OR VARIANCE PERMITS TO SIGN A PERFORMANCE AGREEMENT The City Council of the City of New Hope ordains: Section 1. New Hope Code section 4.23 "Text Changes, Appeals and Performance Bonds" is hereby amended to read as follows: 4.23 Text Changes, Appeals and Conditional Use and Variance Performance [Bo~s] Agreements Section 2. New Hope Code section 4.233 "Performance Bond" is hereby amended to read as follows: 4.233 Conditional Use and Variance Performance [Bo~] Agreement. Except in the case of non-income producing residential property, [~ where the ~y ~s p~v~e~ ~%he~ mea~s?] upon approval of a conditional use or variance permit the City may require the applicant to enter into a performance agreement Is s~e%y Bo~? eash ~ep~s~] prior to the issuing of building permits or initiation of work on the proposed improvement or development. Said agreement [see~&ey] shall guarantee conformance and compliance with the conditions of the conditional use or variance permit and the codes of the City. The performance agreement shall be prepared and approved by the City Attorney and shall contain, but not be limited to, the following terms and conditions: Section 3. New Hope Code section 4.233(1) "Amount of Bond" shall be amended to read as follows: (1) [Amo~% o~] Performance Bond. The performance agreement shall require the applicant to provide financial security to assure compliance with the agreement and conditions of the permit. The security may be in the form of a surety bond, cash escrow, certificate of deposit, irrevocable letter of credit, securities or cash deposit. The security shall be in an amount determined by the City Engineer or Building Official under the direction of the City Manager, and approved by the Council, to cover estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages with prior approval of the City. Section 4. New Hope Code section 4.233(3) "Bond Forfeiture" shall be amended to read as follows: (3) Bond Forfeiture. Failure to comply with the conditions of the conditional use or variance permit and/or the ordinances of the City shall result in forfeiture of the security. Section 5. New Hope Code section 4.233 "Conditional Use and Variance Performance Agreement" shall be amended by adding the following sub-sections to read as follows: (4) Hold Harmless and Indemnification of City. 'The applicant shall agree to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out of or resulting from the applicant's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure to take any other prudent precaution. In the event any City employee, agent or representative shall come under the direct or indirect control of the applicant~ or the City, upon failure of the applicant to comply with any conditions of the permit, performs said conditions pursuant to the bond, the applicant shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent or intentional acts in the perfo~ma~ce~ of the applicant's required work under the permit. (5) Attorney's Fees. The applicant shall agree to pay any and all reasonable attorney's fees incurred by the City to enforce the terms and conditions of any conditional use or variance permit or provisions of any performance agreement relating to said permits. Section 6. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 28th day of 0ct0ber , 1985. Mayor Attest: ~~ ~ City Clerk (Published in the New Hope-Golden Valley Post on the 7th day of November , 1985). 2 NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the ¢ITIE$OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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. which is attached was cut from the columns of said newspaper, and was printed and pubJished once a week, for ' ,/~ S ...... iveweeks;itwasfirstpublishedon %~-~f.-~'~-.~.: ,the ~ ~ dayof ~'/~,~C~,~ 19 ~ ,and wasth .... fter 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 i ng the size and kind of type used in the composition and publication of the notice: abcdefghiiklm nopqrstuvwxyz Subscribed and sworn to before me on cant shall indem- ~i~y a~d (1) Lowest classified rate paid by corn mercJal users for com- $ Ci~ and and em- parable space. (Line) pley~s a~inS/ any and all damages' a~d ex~ses (in- (2) Maximum rate allowed by law for the above matter. $ cludin~ a~orney t~S) aris~ (Line) ~n~ Out of or .rps~ltin~ f~m _ the 'applicant's negligent .or (3) Rate actually charged for the above matter. intent ona!.ads, .or any ¥io- (Line) ~tiOn of~'a~y ,~fe~ law, reg~l~t~ or C~J 'in ~ the pe~rmanc~ ~f'~t~sr agree~ meni, Without r~ard to any m~e or its ORDINANCE NO. 85-20 AN ORDINANCE AMENDING ZONING CODE DEFINITIONS OF CONVENIENCE FOOD ESTABLISHMENT AND RESTAURANT AND AMENDING GENERAL PROVISIONS FOR OFF-STREET PARKING CALCULATIONS The City Council of the City of New Hope ordains: Section 1. New Hope Code Section 4.022 (29) "Convenience Food Establishment" is hereby amended to read as follows: (29) Convenience Food Establishment. An establishment which serves food in or on disposal or edible containers in individual services for consumption on or off the premises. ~e~v~ee ~a%he~ %hah wa~%~esses, Customers are generally served at a pick-up station by clerks rather than served at tables, booths or eating counters by waiters or waitresses. Also, commonly known as fast food establishments. Section 2. New Hope Code section 4.022 (120) "Restaurant" is hereby amended to read as follows: (120) Restaurant. An establishment which serves food in or on non-disposable dishes. [to be consumed wh~e seated at t~b~es o~ booths w~th~fl the Customers are generally seated at tables, booths or eating counters within the building where food is served for consumption by waiters or waitresses rather than served at pick-up stations by clerks. Section 3. New Hope Code section 4.036 (4)(g)(iii) "More Than One Use" relating to general calculations for off-street parking is hereby amended to read as follows: (iii) "More Than One Use". Except for .shopping centers, should a structure contain two or more types of uses, [each ~se sh~ totes o~-st~eet the gross floor area of each use shall be calculated and a 10 percent reduction shall be made for non-productive space. The resulting net useable floor space figure shall be utilized to determine the off-street parking requirement. Section 4. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 28th day of 0ct0ber , 1985. City Clerk (Published in the New Hope-Golden Valley Post on the 7th day of November , 1985). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA | COUNTY OF HENNEPIN/ ss. ~ on Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and hasfull knowl- edge 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. ~' which is attached was cut from the columns of said newspaper, and was printed and published once a week, for / ....... i ..... ks;itwasfirstpublishedon ~'~¢--~Y~dg-~, .--M' ,the ~ ~dayof ~¢~~~ 19 ~"~-~' ,andwasthereafterprintedandpub}ishedonevery 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: off- ' abcdefghi jklmnopqrstuvwxyz Or-~ itsl TITLE: h~ary Public INFORMATION (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. 85-21 AN ORDINANCE AMENDING ZONING CODE BY PROVIDING FOR EARTH SHELTERED HOMES AS A CONDITIONAL USE IN AN "R-i" ZONING DISTRICT The City Council of the City of New Hope ordains: Section 1. New Hope Code section 4.221(3) "Earth Sheltered Homes" is hereby repealed in its entirety. Section 2. New Hope Code section 4.221(4) "Use Compatibility" is hereby renumbered as 4.221(3) and retaining the same heading. Section 3. New Hope Code section 4.054 "Conditional Uses, R-l" is hereby amended by the addition of sub-section 4.054(6) "Earth Sheltered Homes" to read as follows: (6) Earth Sheltered Homes. (a) Purpose. The regulation of earth sheltered homes is intended to insure their harmony and compatibility as single family detached dwelling units with neighboring conventional residential development. (b) All construction and use of earth sheltered homes as defined by Minn. Stat. 116J.06, Subd. 2, as may be amended, shall require a conditional use permit. A conditional use permit shall be processed according to section 4.20 through 4.233 of this Code and may be granted provided that: (i) Construction meets all standards of the Minnesota State Uniform Building Code. (ii) All lot area and setback standards of this Code are met. (iii) The provisions of Section 4.212 of this Code are considered and satisfactorily met. 1 Section 4. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 28th day of 0ct0ber , 1985. Mayor Attest: ~~i ~ City Clerk (Published in the New Hope-Golden Valley Post on the 7th day of November , 1985). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION } ItENNEPIN ss. being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has tull knowl- dch are stated below: which is attached was cut from the columns of said newspaper, and was printed and published once a week, for / , ...... iveweeks; ,twasfirstpublished on ~"~'~-~-~_~-¢~ ,the ~ ~ dayo, 7 /O'~4J~'r~'~ 19 ~"~" , and was th .... flor printed and published ...... y 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 a nd kind of type used in the composition and publication of the notice: abcdefghiiklmnopqrstuvwxyz BY: -- Subscribed and sworn to before me on TITLE: ~")~.) Notary Public RATE INFORMATION (1) Lowest classified rate paid by commercial users for cam- $. ~'' 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. 85-22 AN ORDINANCE AMENDING CONDITIONAL USE AND PARKING REQUIREMENTS FOR CONVENIENCE FOOD ESTABLISHMENTS IN B-3 AND B-4 ZONING DISTRICT The City Council of the City of New Hope ordains: Section 1. New Hope City Code section 4.124(3) "Drive-In and Convenience Food" is hereby amended by the addition of sub- sections (h), (i) and (j) to read as follows: (h) Loading Berth. Adequate space shall be provided on the site for a loading berth to accommodate the parking and maneuverinq of semi tractor trailers and shall comply with the requirements of Section 4.037 of this Ordinance. (i) Refuse Storage. All refuse shall be stored in containers as specified by City Code. Said containers are to be screened and enclosed by a fence or similar structure. (j) Drive-Through Windows. Service windows shall be allowed if the following additional criteria are satisfied: 1. Stacking. Not less than 180 feet of segregated automobile stacking lane must be provided for the service window. 2. Traffic Control. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and green area on the site. 3. Use of Street. No part of the public street or boulevard may be used for stacking of automobiles. 4. Noise. The stacking lane, order board intercom and window placement shall be desiqned and located in such a manner as to minimize automobile and communication noises, emissions and headlight glare as to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. 5. Hours. Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare. 1 Section 2. New Hope Code section 4.134(5) "Drive-In Service Windows" is hereby repealed in its entirety. Section 3. New Hope Code section 4.036 (10)(1) "Drive-In Establishment and Convenience Food" is hereby amended to read as follows: (1) Drive-In Convenience Food Establishment. [~ ~eas~ eve ~ee~ a~ea? ~a~ ae~ tess ~ha~ ~{{eea s~aees~] One parking space for each fifteen square feet of gross service and seating floor area excluding the kitchen, but not less than fifteen parking spaces. Two additional spaces shall be required for a drive-through service window. Section 4. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 28th day of October , 1985. /Mayor City Clerk (Published in the New Hope-Golden Valley Post on the 7th daY of November , 1985). 2 NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA | COUNTYOF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowt- edge of the facts wh ich a re 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, The printed ~ .~ L~_..~ ~jT~....~ ~'~t~ , ~,~V" ~ which is attached was cut from the columns Of said newspaper, and was printed and published once a week, for ,19 ~ , and was thereafter printed and published on every to and including the day of 19. , and prinfed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- 'ng the size and kind of tvDe used in the composition ana Publication of the notice: abcdefghiiklmnopqrstuvwxyz RATE INFORMATION (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) Rateactuallychargedfortheabovematter. $ ~'//- ~'/ (Line) ORDINANCE NO. 85-23 AN ORDINANCE AMENDING ZONING CODE BY REVISING SINGLE FAMILY DEVELOPMENT STANDARDS, OFF-STREET LOADING STANDARDS AND GARAGE STANDARDS The City Council of the City of New Hope ordains: Section 1. New Hope Code section 4.032(3)(c) "Garaqe Location Limitation" is hereby amended to read as follows: (c) Garage Location Limitation. In no case shall an [Ney] accessory garage [sh~] be located in a required front yard or a required side yard paralleling the depth of the principal structure. Section 2. New Hope Code section 4.032(3)(d) "Further Location Limits" is hereby amended to read as follows: (d) Further Location Limits. (i) Except as [~e%e~ a~e~e] provided in this section, accessory buildings and garages shall not exceed fifteen feet in height, shall be five feet or more from all lot lines of adjoining lots, and shall not be located within a utility or drainage easement. (ii) Upon the processing of a conditional use permit, the City may allow up to a three foot encroachment into a required side yard for the purpose of constructing a garage, provided that: a. The use of the structure is the storaqe of operable passenger vehicles which are the property of the occupant of the principal structure. b. The location of the structure is at minimum sixty feet from the front property line or is located to the rear of the principal structure, whichever distance is greater. c. The proposed structure is not to be located within an established drainage or utility easement. d. The City Council shall determine that the building will not negatively impact the neighboring property. 1 e. The same or similar quality building material shall be used in the accessory building as in the principal building. Additionally, the exterior appearance and architectural design of the accessory building is to be similar to that of the principal building. Section 3. New Hope Code section 4.034(3)(c) is hereby amended to read as follows: (c) Ten feet [e~ e~e s~de ~ ~he ~d~§ a~ ~e ~eee e~ ehe §e~a§e] with the exceptions that an attached garage may be located within five feet of the side yard lot line and subject to the provisions as provided in Section 4.032 (3) of this Code. Section 4. New Hope Code section 4.036(10)(a) "Single and Two Family Dwellings and Townhouses" is hereby amended to read as follows: (a) Single and two family dwellings and townhouses. One enclosed and one open space, except that all structures with existing or potential floor area, as calculated under section 4.036(4)(a) of this Code, in excess of 2,200 square feet shall require one enclosed and two open spaces for parking. Section 5. New Hope Code section 4.035(6) "Minimum Floor Area Per Dwelling unit" is hereby amended by the addition of sub- section (d) to read as follows: (d) Building Widths. In no event shall either the length or width of the structures referred to in this section 4.035(6) be less than twenty-four feet. Section 6. New Hope Code section 4.035(3) "Useable Open Space" is hereby amended to read as follows: (3) Useable Open Space. No dwelling may occupy in excess of twenty percent of the lot area on single or two- family dwelling sites. Each multiple family dwelling site shall contain at least five hundred square feet of useable open space as defined by Section 4.022 [~] (131) of this Code (other than the front yard) for each dwelling unit contained thereon. 2 Section 7. New Hope Code section 4.037(1) "Purpose" is hereby amended to read as follows: (1) Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and in off-street parkin9 areas so to promote the safety and general welfare of the public, by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the specific and appropriate utilization of various parcels of land or structures. Section 8. New Hope Code section 4.037(2)(c) "Distance from Residential Use" is hereby amended to read as follows: (c) Distance from Residential Use. No loading berth for a non-residential use shall be located closer than one hundred (100) feet from a residential district unless within a structure. Section 9. New Hope Code section 4.037(2)(e) "Conditional Use Permit Required" is hereby amended to read as follows: (e) [6eaS~{~eaa½-Bse-~e~m~-Re~eS] Front or Side Yard Locations. A conditional use permit shall be required for [mew] loading berths [fe~ mew ~ea~m§ ~e~ahs a~e~ {e am e~s{~m§ s~e{~e] for non- residential uses where the loading berth is located at the front or at the side of the building on a corner lot. Section 10. New Hope Code section 4.037(6) "Size" is hereby amended to read as follows: (6) Number and Size of Loading Berths. The number of required off-street loading berths shall be as follows: [~a~ess e{~e~w~se spee~f~e~ ~e~hs sha~ ~e f~eem fee{ mame~e~m§ (a) Commercial or Industrial Uses. (i) One loading berth and one additional berth for each additional one hundred thousand square feet or fraction thereof. The first loadin9 berth shall be not less than seventy feet in length and additional berths required shall be not less than thirty feet in length and all loading berths 3 shall be not less than ten feet in width and fourteen feet in height, exclusive of aisle and maneuvering space. (ii) Reduction of Size of Space. For commercial or industrial buildings five thousand square fe~'t or less, the size of the loading area may be reduced or the requirement may be waived upon the approval of a conditional use permit. To qualify for such exception, the following provisions must be met: a. It must be demonstrated that the site cannot physically accommodate a loading berth to the size required. b. It must be demonstrated that semi- trailer truck deliveries will not occur at the site or all deliveries will occur at such a time as to not conflict with customer or employee access to the building and parking demand. (b) Multiple Residential Type Uses. One loading area shall be provided for each multiple family structure containing five or more units and shall be exclusively reserved for loading and unloading. The space shall be at minimum forty feet in length and ten feet in width. Said area may be parallel to a driveway aisle, but shall not serve to block the flow of traffic or parking spaces. Section 11. New Hope Code section 4.037(7) "Number of Loading Berths Required" is hereby repealed in its entirety. Section 12. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 28th day of 0ct0ber , 1985. / ~' Mayor Attest: ~,r~ ~ ~ City Clerk (Published in the New Hope-Golden Valley Post on the 7th day of November , 1985). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION INNESOTA ,]PIN ss. 't, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- 1ich are stated below: _. has complied with all Of the requirements constituting qualification as a qualified newspaper, as ri sota Statue 331A.02,331A.07, and other applicable laws, as amended. garage] thin ~i~e ~eet provided in sec- o~e (d) to reaa , and was thereafter printed and published on every of the co~ in ~he co~position ~nd publication of th~ no~ce: ~al Use Permfl ~y of RATE INFORMATION nHe~ ra~e p~i~ o~ commerc~al ~sers tor com- $_ ~n · (Line) e allowed by law for the ab ..... tter. $_ (~ine) '~ charged for the above matter. $_ To (Line) ~ be ~hysically ORDINANCE 85-24 AN ORDINANCE AMENDING ZONING CODE BY ESTABLISHING SELF-STORAGE FACILITIES AS A CONDITIONAL USE IN THE "I-l" ZONING DISTRICT The City Council of the City of New Hope ordains: Section 1. New Hope Code section 4.144 "Conditional Uses" is hereby amended by the addition of sub-section (10) to read as follows: (10) Self storage (mini warehouse) facilities. Provided that: (a) Green Space. At least thirty five percent of the site is open, green space which is sodded and intensely landscaped in accordance with a plan approved by the City Council. (b) Building Coverage~ Building coverage shall not exceed forty percent of the lot area. (c) Building Location. No buildings shall be located closer than thirty-five feet to each other to allow for parking, loading, driveway and fire lanes. (d) Building Length. No building shall be greater than one hundred fifty feet in length. (e) Snow Storage. Adequate space is provided for snow storage. (f) Fire Hydrant. All structures are to be within two hundred feet of a fire hydrant. (g) Sprinkler Systems. All storage buildings are to be equipped with dry sprinkling systems which will be subject to review and approval of the City Building Official and the City Director of Fire and Safety. (h) Fire Alarm System. Every 2,000 square feet of the storage structure is to be separated by a fire wall and a complete and comprehensive fire alarm system with smoke detectors shall be initiated in each structure subject to the review and approval of the Director of Fire and Safety. 1 (i) Driveways and Parking Area. Ail driveways and parking areas are to be hard (blacktop or concrete) surfaced and adequate turning radius for fire truck maneuverability is to be maintained ~hroughout the site. Designated snow storage ~pace is to be provided to insure adequate and safe access during winter months. (j) Caretaker Apartment. If an "on-premises" caretaker dwelling unit is provided on site, construction of said dwelling unit shall conform to all design standard regulations for multiple family dwelling units of the Minnesota State Building Code and the New Hope Zoning and Building Code. The occupancy and minimum interior and floor area standards shall be controlled by sections 3.353, 3.361, 3.362 and 4.035(6)(b) of this Code. Off-street parking shall be made available for said dwelling unit in conformance with section 4.036(10)(a) of this Code. (k) .Building Appearance. Any structures.having exposure to an adjacent residential use or .public right-of-way, park, or similar public use areas shall be of brick, natural stone, wood, or stucco, facing material. (1) Other Business Activity. No retailing, wholesaling, manufacturing, repair, or other such activity other than ~grage is to occur within the self storage,~m~f~'i~war~ho, using facility. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 28th day of 0ct0ber , 19 85. City Clerk (Published in the New Hope-Golden Valley Post the 7th day of November , 1985). 2 NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA | COUNTY OF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge of the facts which are stated below: (Al The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by/V~innesota Statue 331A.02, 331A.07, and other applicable laws, as amended. : be~ which is attached was cut from the columns of said newspaper, and was printed and published once a week, for , 19 0~' '"~ , 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: Subscribed ~n~ sworn to ~efore me on TITLE: ~gary Public '.said ~ ~":~:~:'':'::' ':'? '' (~) .' .Any .... w. ":' :' "~"' ' ' ' RATE .t~ park,. (1) Lowest classified rate paid by commercial users for cum- $_ parable space. (Line)  rick, nat- r stocco (I) No (2) ~xim~m r~te ~llowed b~ I~w ~or the ~oMe m~Her. (Line) ~ufac[~iqg, xe~ir, or. (3) Rate actually charged for the above matter. $ other SU~ ~divily: other than: storage is, ~,occur (Line) within lh~ sell Storage, mini k .upon its Hope- ORDINANCE NO. 85-25 AN ORDINANCE AMENDING CHAPTER 10 OF THE NEW HOPE CODE BY ESTABLISHING LIVE ENTERTAINMENT REGULATIONS IN LIQUOR ESTABLISHMENTS AND REDEFINING ON-SALE RESTAURANT LICENSE REQUIREMENTS The City Council of the City of New Hope ordains: Section 1. Chapter 10 "Regulation of the Sale and Consumption of Intoxicating Liquors and Non-Intoxicating Malt Beverages" of the New Hope City Code is hereby amended by the addition of section 10.05 through 10.054 to read as follows: 10.05 REGULATION OF LIVE ENTERTAINMENT. 10.051 Purpose and Authority. The purpose of regulating live entertainment is to control potential noise sources which can adversely affect and unreasonably endanger the quiet, comfort and enjoyment of residential property, and to prohibit certain acts of commercial exploitation of human sexuality in commercial establishments within the City of New Hope where intoxicating liquor, wine or beer are served or offered for sale for consumption on the premises and to reduce the likelihood of criminal activity, moral degradation and disturbances of the peace, quiet and good order of the community which may occur when such commercial exploitation is permitted in such places. The authority of the City to regulate such activity is based on the Constitutional power of the State to regulate the sale and use of intoxicating liquor under the twenty-first Amendment to the United States Constitution, delegated by the State to the City by Minn. Stat. Chapter 340A. 10.052 Definitions. For purposes'of sections 10.05 through 10.054, the following defined terms shall have the meanings given them: (1) License. An on-sale intoxicating liquor, wine or non-intoxicating malt beverage license. (2) Licensed Premises. The compact and contiguous area of real estate for which an on-sale intoxicating liquor, wine or non-intOxicating malt beverage license is issued. (3) Nudity. The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering or the showing of a female breast with less than a fully opaque covering of any portion thereof below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid_state. For 1 the purposes of this definition, the female breast is considered uncovered if the nipple only or the nipple and the areola are covered. (4) Sado-masochistic Abuse. Scenes involving a person or persons, any of whom are nude, clad in undergarments or in sexually-revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering or binding or other physical restraint of any such persons, in an apparent act of sexual stimulation or gratification. (5) Sexual Conduct. Acts of masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. (6) Sexual Excitement. The condition of the human male or female genitals or the breasts of the female when in a state of sexual stimulation or the sensual experience of humans engaging in or witnessing sexual conduct or nudity. 10.053 Prohibited Acts. It shall be unlawful for any licensee or any person maintaining, owning, operating, employed at, or performing at a licensed premises, at which alcoholic beverages are offered for sale for consumption on the premises: (1) To exhibit or permit to be exhibited any portion of the human body in such a manner as to constitute nudity or in such a manner as would depict sado-masochistic abuse, sexual conduct or sexual excitement. (2) To exhibit or permit to be exhibited any films or pictures depicting any acts which are prohibited by section 10.053(1). (3) To cause or permit to be caused any noise which violates any regulation of sections 9.42 through 9.428 of this Code. 10.054 Live Entertainment License. Any licensed premises employing live entertainers shall be required to obtain a "Live Entertainment" license and pay a fee for same as prescribed by Chapter 14. Before a "Live Entertainment" license is issued to any licensed premises, a noise impact statement shall be submitted by the applicant for approval to the City noise control officer pursuant to section 9.426(4) of this Code. Section 2. Section 10.035 "On Sale, Tavern" of the New Hope City Code is hereby amended to read as follows: 10.035 On Sale~ Tavern. aS~ Sa~e? ~ave~a~ Sale of liquor by the glass or by the drink in a liquor establishment used exclusively for the sale of intoxicating liquor at retail, and under the control of an individual owner or manager. As an incident thereof, such establishment may also sell ice, all forms of tobacco, non-intoxicating malt beverages, a~ soft drinks ~ sh~ ~et ~e~e ~ ~esta~? B~t may se~ and food for consumption at retail, e~ the p~em~ses~ ~et eee~e~ e~ the ~em~ses~ A~%he~h s~eh s~eh wa~m~m~ ~s ~et a pe~t e~ the eeek~.~ p~eeess~ Ne Section 3. Section 10.038 "Restaurant, General" of the New Hope City Code shall be amended to read as follows: 10.038 Restaurant, 8e~e~. The term "restaurant" for purposes of the sale of intoxicating liquors or wine shall have the following described meanings. In addition, the sale of intoxicating liquor, wine or non- intoxicating malt beverages must not exceed 60% of the gross sales of any restaurant as defined by this section. (1) Restaurant, Class One. me~s Any establishment, other than ~ hotel, under the control of a single proprietor or manager, having appropriate facilities to serve meals, for seating not less than 200 guests at one time for meals, and where in consideration of payment, the~e~e~ meals are regularly served at tables to the general public, and which ~mploys an adequate staff for the usual and suitable service to its guests, and the principal part of the business of which is the serving of foods. (2) Restaurant,Bew~,A~e~ Class Two. A bowling alley with not less than 24 lanes, and with seating capacity to serve food to not less than 30 people is also a restaurant for purposes of this Code. (3) Restaurant, Wine Licenses. Any ~esta~a~t establishment for purposes of qualification for issuance of an on-sale wine license only shall have seating for not less than 50 guests, and shall comply with all other requirements for a restaurant as defined in section 10.038(1) of this Code. Section 4. Section 10.530 "Food Sale Certification" of the New Hope City Code is hereby amended to read as follows: 10.530 Gross Sales ~od-~s~e Certification. At the time of application for renewal of ap~ea%~ox ~x an On Sale, Restaurant license o%hee %hmx ~ bew~e~ e~e~? the applicant shall submit a statement from a Certified Public Accountant ~eo~ to the City that not more ~ess than 48 60 percent of the gross sales of the establishment, for which the on sale license is to be used, is in the serving of ~eexse? %he app~eax% sha~ %eve~x ~s ~x %he se~v~x~ e~ ~eea~ intoxicating liquor, wine or non-intoxicating malt beverages. The applicant must submit a statement from a Certified Public Accountant that 40 percent or more of its gross sales is derived exclusively from the service of food or the service of food in conjunction with some other form of business unrelated to the sale of intoxicating liquor, wine or non-intoxicating malt beverages. The applicant for an On Sale Tavern License shall also submit a statement indicating its gross sales, food sales and alcoholic beverage sales but it shall not be required to meet the percentage requirements of this Section. Section 5. Section 10.58 "Suspension and Revocation, Intoxicating Liquor Licenses" of the New Hope City Code is hereby amended to read as follows: 10.58 Revocation, Suspension or Civil Fine. Pursuant to Minn. Stat. 340A.415, the City Council shall either suspend for up to 60 days or revoke the license or impose a civil fine not to exceed $2,000.00 against any intoxicating liquor or wine licensee for the violation of any applicable state statute, regulation, or section of the New Hope City Code relating to Alcoholic beverages. No suspension or revocation shall take effect until the license holder has been afforded an opportunity for a hearing under Minn. Stat. Chapter 14 and Section 1.43 of this Code. Section 6. Section 10.414 "Kinds of Licenses" of the New Hope City Code is hereby amended to read as follows: 10.414 Kinds of Licenses. ~eexses sha~ be ~ ~e ~x~s~ A~ee~sesa ax~ ~8~ 8a~ea= The City shall issue the following types of licenses as defined by this Code: (1) On Sale Restaurant, Class One; (2) On Sale Restaurant, Class Two; (3) On Sale Restaurant, Wine; (4) On Sale, Tavern; (5) Special License for Sunday Liquor; (6) Off Sale. Section 7. Section 10.415 "On Sale, Restaurant Licenses" of the New Hope city Code is hereby amended to read as follows: 10.415 On Sale, Restaurant Licenses. On Sale restaurant licenses ~esta~a~ts~ may be issued only to those establishments meeting the definitional requirements for a restaurant as set forth in section 10.038 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 8. Section 10.417 "Special License for Sunday Sales" of the New Hope City Code is hereby amended to read as follows: 10.417 Special License for Sunday Sales. A special license for Sunday sales shall be issued only to establishments to wh~eh holdinq .an On Sale, Restaurant license meeting the definitional requirements of section 10.038 of this Code. The Sunday license shall be effective only if food is served in conjunction with the service of alcoholic beverages, have ~ee~ ~ss~e~ o~ he~ea~te~ may w~th the Section 9. Effective Date. This Ordinance shall be effective after its passage and publication. Dated the 12th day of November , 1985. Mayor Attest: ~~ ~'. ~ City Clerk (Published in the New Hope-Golden Valley Post on the 28th day of November , 1985.) 5 NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION SS. duly sworn, on oath says that he is the publisher of the newspaper known as the NEW POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- wi~e or nOn-i~tox, is complied with all of the requirements constituting qualification as a qualified newspaper, as ~tatue 331A.02,331A.07, and other applicable laws, as amended. opague human state, For the purposes af this uncovered',if the * L ' '" i ...... it was first published on ,the ~'~ '°~' ~'~day of '~' ;~' or'~-/;-~-Jg2 19 ~"~-~,andwasthereafterprintedandpublishedonevery ~ ~ O~ ~¢I~MI~U~ to and including the day of ]9 , .: :opy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- ~ ~¢ abcdefghiiklm nopqrstuvwxyz lic~ o~ ~ ').'. Office~ p~ua~ to sale at ~e~ail, end. U~r the c~trol ~ a~ iff* ~ ~ ~ '~ ~ A/~ ~ ~ *, ~ ~ ~ ~ /; ~ r* '~ * ~/' ' dividual owner or- mBnzger. AS, an-incident t~e~ ,such '-'~? establishment may ats0 sell ice, ~1 f~ms ~ tobacco, n~-intox~ 5" c~ ,-, ,' ;~", ~ ~ ~: '~ - icatino malt ~verz0esj, ~and} ~ft drinks lit shall not include z ~-'~ ;'--. .%' ' :-':' -:" .... . restaurant, but may ~ell] J~¢f0~ ~or consum~ion at're,aH.. [0n ~J,?"~'~; the ~rffmi~S. not c~d on t~.premi~ Although such f~d may not in. anyway ~ c~k~d on the ~emises, ~re~ousiy c~ke~ f~d ~,~ may be heard:on'the premiss f t~ ~ simply restore~e.~dtoffs , , ', ,, , , ,.,,,., ~,,~ · former' conditio~ ~s Z ~k~d ~od suit~le for humanc~sumo~on,; v if such wzr~n~ ($~not a pz~ of the-c~ki~ ~ocess N0~anc ng ~ RATE INFORMATION l i~ ent~tai~enJ isoermiffed.] ~o~-3. Section ~;038 '~Restavrant, Geheral'~ of the'New H~ 'City Itepaid bycommercial users for com- $ Code shall be amended to read as follows~ 10,038 R~sl~raot, [General]. The term '~re~aorant~' for porto,s of (Line) the sale of intoxicating .liquors or ~ne sari ~ave ~e bli~inj ~¢riba m~nings. In addition, lb aled int~xicat "l'i~mr, wed by law for the above matter ' wine or non-i~oxicafag malfbewra~e~ mo~ not ~aa, ~% .d - . t~ J~ss sales ot any restaurant as d~in~ by this ~. , (Line) (1) Restaur~, Class 0~. [means]-Any esfablish~nt, other~edforthe aoove- ma,Ter- than a hotel, under the c~trol of a single pr~ri~tor .or man- ' agar; having appr~riate facilities to serve meals~ ~r ~ating (Line) not less than 2~ guests at one time- for meals, and where in consideration ~ payment, [therefor] meals are regularly served at ta~s to t~ general public, and which emploYsan adequate staff for the usuat and suitable-service to its guess, and th~ prinCipa part ~ the b~iness Of which ~ the ~rving ~ .fo~s. (2~ R~ant, [Bowling Alley] Cla~ T~. A-bowling-aHOy with n~ ~ss than 24 lanes, and With seating ¢apaci~ to.serve f~d to not le~s than 30 people is al~ a.~staurant for purposes ~ this C~e. (3) Restaurant~-Wine Lice~e~. Any [re~aurant] ~tablish~nt for pu~po~s of qualification .for issuance o[ an on-sate wine ORDINANCE NO. 85-26 AN ORDINANCE AMENDING CHAPTER 10 OF THE NEW HOPE CITY CODE RELATING TO REGULATION OF ALCOHOLIC BEVERAGES BY PROHIBITING ANY FUTURE ON-SALE TAVERN LICENSES The City Council of the City of New Hope ordains: Section 1. Section 10.411 "Number of On Sale Licenses" of the New Hope City Code is hereby amended to read as follows: 10.411 Number of On Sale Licenses. The maximum number of on sale intoxicating liquor licenses which shall be issued by the City is three, whe~he~ ~8~ S~e? Res~~a? ~8~ Sa~e? ~ave~a oF any eom~a~o~ %he~eo~7 On Sale Wine Licenses shall be limited to the number of qualifying restaurants as defined in Section 10.02. (1) Prohibition of "On Sale, Tavern" License. Effective November 28, 1985, no "On Sale, Tavern" license shall be issued by the City except to renew the license of a licensee holding such a license on said date or its successor as duly apDroved by the City Council under the provisions of this Code. (2) Relocation of "On Sale, Tavern" License Prohibited. Existing "On Sale, Tavern" licenses under subsection (1) of this Section may not be relocated to any new location within the City of New Hope. Except for the licensed premises presently holding an "On Sale, Tavern" license, there are no suitable locations in the City of New Hope for "On Sale, Tavern" licenses. Section 2. Effective Date. This Ordinance shall be effective after its passage'and publication. Dated the 25th day of N0vember , 1985. Mayor Attest: City Clerk (Published in the New Hope-Golden Valley Post on the 28th day of N0vembe~ , 1985). NEW HOPE-GOLDEN VALLEY POST · AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the EITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for // ....... iveweeks;itwasfirstpublishedon~)~ ~ the c~d~4~dayof ~~ 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: abcdefghijkimnopqrstuvwxyz Subscribed and sworn to before me on TITLE: this ~ 9 '~day of ~~~ 19_ ~ary Public RATE INFORMATION (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. 85-27 AN ORDINANCE AMENDING INTERIM ORDINANCE 85-13 RESTRICTING THE ISSUANCE OF BUILDING PERMITS AND THE ACCEPTANCE OF APPLICATIONS FOR MINI-WAREHOUSES BY EXTENDING THE PERMIT MORATORIUM The City Council of the City of New Hope : Section 1. The City Code is by substituting the following Section 3.141 for t 3.141 established by Ordinances 85-13 and 85-15: 3.141 Mini-Warehous~ ~oratorium. The ban on the acceptance ~tions and the issuance of built r the construction of mini- by Ordinance 85-13 which was exten additional three months by Ordinl ~ shall be extended an additional three to expire on March 6, 1986. Section 2. Effect Date. This Ordinance shall be effective ~e and publication. day of , 1985. Mayor Attest City Clerk (Published in the New Hope-Golden Valley Post the day of , 1985). ORDINANCE NO. 85-28 AN ORDINANCE AMENDING INTERIM ORDINANCE 85-6 TEMPORARILY SUSPENDING ALL NEW CONSTRUCTION, NEW USES, DEVELOPMENT OR SUBDIVISION OF PROPERTY BETWEEN 42ND AND 45TH AVENUES NORTH AND XYLON AND WINNETKA BY EXTENDING ITS TERMINATION DATE The City Council of the City of New Hope ordains: Section 1. New Hope City Code Section 1.52 "Suspension of Shopping Center Development" is hereby amended by extending its termination date to June 27, 1986. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 9th day of December, 1985. /' Mayor Attest: ~ ~ ~t~tt~ City Clerk (Published. in the New Hope-Golden Valley Post on the 19th day of December , 1985). 1 NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA | COUNTY OF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for S ...... i .... eks; it was first published on~ ( the /~ ~--~dayof ~-"~ ~ 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 TITLe: Subscribed and sworn to before me on gAT~ INFORMATION (1) Lowest classified rate paid by commercial users for cum- $ parable space. (Line) (2) Maximum rate allowed by law for the ~bove matter. $ (Line) (3) Rate actually charged for the above matter, $ (Line) ORDINANCE NO. 85-29 AN ORDINANCE AMENDING INTERIM ORDINANCE 85-9 TEMPORARILY SUSPENDING ALL NEW CONSTRUCTION, NEW USES, DEVELOPMENT OR SUBDIVISION OF PROPERTY WITHIN 500 FEET OF 42ND AVENUE NORTH BETWEEN WINNETKA AND LOUISIANA AVENUE NORTH BY EXTENDING ITS TERMINATION DATE The City Council of the City of New Hope ordains: Section 1. New Hope City Code Section 1.53 "Suspension of Development on 42nd Avenue North" is hereby amended by extending its termination date to June 27, 1986. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 9th day of December, 1985. /'Mayor Attest: ~-*J~ ~ ~~ City Clerk (Published in the New Hope-Golden Valley Post on the 19th day of December , 1985). 1 NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA { COUNTY OF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for ~J S ...... iveweeks; itwasfirstpublishedo. ~'C~-~L.~4~ the /? '~(~dayot U ~'"')~t"~ 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: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me on TI TLE:~ this '~ ~"~' day of 19_ RATE INFORMATION (1) Lowest classified rate paid by commercial users for com- $ parable space. (Line) (2) Maximum rate allowed by law for the above matter. (Line) (3) Rate actually charged for the above matter. $ (Line) ORDINANCE NO. 85-30 AN ORDINANCE AMENDING CHAPTER 10 BY AMENDING THE DEFINITION OF A RESTAURANT CLASS TWO LIQUOR LICENSE The City Council of the City of New Hope ordains: Section 1. Section 10.038(2) "Restaurant Class Two" of the New Hope City Code is hereby amended to read as follows: (2) Restaurant Class Two. A bowling a~ey w&th ~ot ½ess p~poses o~ th~s So~e= Any establishment with appropriate facilities to serve meals as defined in section 10.038(1) of this Code except that it shall have seating capacity for not less than 50 people and shall derive not less than 50% of its gross sales from some form of business unrelated to the sale of food and alcoholic beverages. Section 2. Section 10.530 "Gross Sales Certification" of the New Hope City'Code is hereby amended to read as followS: 10.530 Gross Sales Certification. At the time of application for renewal of an On Sale, Restaurant license the applicant for a Class One license shall submit a statement from a Certified Public Accountant to the City that not more than 60 percent of the gross sales of the establishment, for which the on sale license is to be used, is in the serving of intoxicating liquor, wine or non-intoxicating malt beverages. The applicant for a Class Two license must submit a statement from a Certified Public Accountant that 50 percent or more of its gross Sales is derived exclusively from some form of business unrelated to the sale of food and alcoholic beveraqes. The statements required by this section shall also indicate all applicant's total gross sales, alcoholic beverage and food sales, the se~ee o~ ~oo~ o~ the se~&ee o~ ~oo~ &~ eo~et~o~ w~th some othe~ ~o~m o~ b~s~mess ~e~ate~ to the sa~e o~ &mto~&e~t~g ~&q~o~7 w&me o~ ~o~-~to~&eat&~ ma~t ~eve~ages= The applicant for an On Sale Tavern License shall also submit a statement indicating its gross sales, food sales and alcoholic beverage sales but it shall not be required to meet the percentage requirements of this Section. 1 Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 9th day of December , 1985. / / ~ Mayor Attest: ~ ~J ~j City Clerk (Published in the New Hope-Golden Valley Post the 19th day of ~December , 1985). 2 NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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. '~ '' which is attached was cut from the columns of said newspaper, and was printed and published once a week, for ~L~-~~''~''~''~-~L~k'J 19--~¢"~"'~~ , and was thereafter printed and published on .... y .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: abcdefghijklmnopqrstuvw×yz upon its TITLE: Subscribed and sworn to before me on day of 19. ter No(a r y Public ,Hope- RATE INFORMATION (1) Lowesi classified r~le p~id by commercial vsers for com- $_ p~r~ble sp~ce. (Line) (2) Maximum rate allowed by law for the above matter. $_ (Line) (3) Rate actually charged for the above matter. $. (Line) ORDINANCE 85-31 A SUMMARY ORDINANCE AMENDING CHAPTER 14 OF THE NEW HOPE CITY CODE BY INCREASING CITY FEES The City Council of the City of New Hope ordains: Section 1. On December 23, 1985 at a lawfully noticed meeting of the New Hope City Council Ordinance No. 85-31, A__n Ordinance Amending Chapter 14 Of The New Hope City Code By Increasing City Fees, was adopted by the New Hope City Council. This summary ordinance is a synopsis of Ordinance 85-31. The full text of the ordinance is available to the public for review at the New Hope City Offices located at 4401 Xylon Avenue North during normal business hours. Section 2. Ordinance No. 85-31 increased Food Handling License Fees for On-sale Tavern Restaurants, Food Vehicles, Vending machines and related home storage for vending; Circus and Carnival Permit fees; Bowling Alley License Fees; Pinball, Video Games and Pool Table License fees; Lodging Establishment fees; Garbage and Refuse Collection License fees; Taxicab Certificate License fees; Dog License fees; Intoxicating Liquor License fees and License Investigation fees for Intoxicating Liquor; and Service Availability Charges for City Sewer Service. Ordinance No. 85-31 also established a new fee for Live Entertainment licenses and clarified how city administrative and legal fees will be set for developer applications for Tax Increment Bonds, Industrial Development Bonds and Housing Bonds. Section 3. Effective Date. Ordinance No. 85-31 shall be effective upon its passage, and passage and publication of this summary ordinance. Dated the 23rd day of December , 1985__. Mayor Attest: ~~ ~ City Clerk (Published in the New Hope-Golden Valley Post the 9th day of January , 1986 ). ORDINANCE 85-31 AN ORDINANCE AMENDING CHAPTER 14 OF THE NEW HOPE CITY CODE BY INCREASING CITY FEES The City Council of the City of New Hope ordains: Section 1. Section 14.081 "Food Handling License Fees" of the New Hope City Code is hereby amended by increasing the fees charged under sub-sections (1)(c), (1)(d), (1)(e), (1)(h), and (1)(j) to read as follows: (c) On-Sale Tavern A~m~e~ Restaurant 6~80 125.00 (d) Food Vehicles or other piece of equipment principally located in the city (per vehicle) ~0=~8 25.00 (e) Vending machines (i) Unwrapped food goods ~8 $25.00 per location for first vending machine, plus $2.00 for each additional machine. (ii) Wrapped food goods $~ $20.00 per location for first machine and $1.00 for each additional machine. (h) Miscellaneous Food ~88 20.00 (j) Home Storage of food stuff for vending - per location ~8~8 25.00 Section 2. Section 14.097 "Circus And Carnival Permit Fees" of the New Hope City Code is hereby amended to read as follows: 14.097 Circus and Carnival Permit Fees. The fee amount for circus and carnival permits as required by Subsection 8.182 is ~=80 $50.00 for each separate place of operation. Section 3. Section 14.086 "Bowling Alley License Fees" of the New Hope City Code is hereby amended by increasing the fee charged under sub-section (1) to read as follows: (1) Fee Amount. The fee amount is $~8~88 $15.00 annually for each alley located in any one bowling alley establishment. Section 4. Section 14.087 "Pinball a~d Video Game and Pool Table License Fees" of the New Hope City Code is hereby amended by altering the fee structure of sub-section (1) to read as follows: (1) Fee Amount: (a) 6 machines or less -'$100 per location plus 25.00 per machine annually. (b) 7 machines or more - ~600=~0 $200.00 per location plus ~0~88 $25.00 per machine annually (c) Pool Table - $25.00 per table annually. Section 5. Section 14.100 "Lodging Establishment Fees" of the New Hope City Code is hereby amended by increasing the fees charged under sub-sections (1) through (4) to read as follows: (1) 1 - 18 sleeping rooms ~=~0 10.00 (2) 19 - 35 sleeping rooms ~8~ 25.00 (3) 36-100 sleeping rooms ~8~08 40.00 (4) Over 100 sleeping rooms ~88 55.00 Section 6. Section 14.092 "Garbage And Refuse Collection License Fee" of the New Hope City Code is hereby amended by increasing the fee charged under sub-section (1) to read as follows: (1) Collectors first vehicle ~8~ 50.00 Section 7. Section 14.083 "Taxicab Certificate License Fee" of the New Hope City Code is hereby amended to read as follows: 14.083 Taxicab Certificate License Fee. The license fee amount for a taxicab certificate of public convenience and necessity as required by Subsection 8.051 is ~8~88 $25.00 per vehicle annually. Section 8. Section 14.071 "Dog License Fees" of the New Hope City Code is hereby amended by increasing the fees charged under sub-sections (1) and (2) to read as follows: (1) Neutered or Spayed Dogs - ~68 $5.40 per calendar, prorated at ~8 $.45 per month for each full or partial month (Minimum $2.00) (2) Unaltered Dogs - $~=4~ $7.20 per calendar year, prorated at ~=4~ $.60 per month for each full or partial month (Minimum $2.00) Section 9. Section 14.122 "Intoxicatinq Liquor License Fees" of the New Hope City Code is hereby amended by increasing the fees charged under sub-sections (1) and (2) to read as follows: (1) On-sale restaurant - ~7008~80 $5,500.00 (2) On-sale tavern - ~780~88 $5,500.00 Section 10. Section 14.123 "License Investigation Fees" of the New Hope City Code is hereby amended by increasing the fee charged under sub-section (1) to read as follows: (1) Initial fee - ~8~88 $500.00 Section 11. Section 14.507 "Service Availability Charge (SAC)" of the New Hope City Code is hereby amended by increasing the fee charged under sub-section (2) 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 ~88 $475. A unit of sewage volume shall be 100,000 gallons per year and shall be assigned a follows: Section 12. Chapter 14 of the New Hope City Code is hereby amended by the addition of section 14.80 "City Costs For Bond Issues" to read as follows: 14.80 city Costs For Bond Issues - The City shall charge an application fee to all private developers seeking financial assistance from the City by issuance of Tax Increment Bonds, Industrial Development Bonds and Housinq Bonds or other tax exempt financing. Said fee shall reimburse the City for its administrative and legal costs and shall be set by resolution of the New Hope City Council and may include a letter of credit. Section 13. Section 14.12 "Intoxicating and Non- Intoxicating Liquor License Fees" of the New Hope City Code shall be amended by the addition of section 14.126 "Live Entertainment License Fee" to read as follows: 14.126 Live Entertainment License Fee - The fee amount for a live entertainment license required by section 10.054 shall be $125.00 annually. Section 14. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 23rd day of December, 1985. / / 'Mayor- Attest: ~~ ~', ~ City Clerk (Published in the New Hope-Golden Valley Post the day of , 198 ). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATEOF MINNESOTA | COUNTYOF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge of the facts which are stated below: fA) 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. [~! which is attached was cut from the columns of said newspaper, and was printed and published once a week, for / success~ ..... ks; it was first published on -~~ ,the ~ ~ dayof (~~~ ' 19 , and was thereafter printed and published on every to and including the day of and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- , .? .~ ..... -. . ingthesizeandkindoftypeusedinthecompositionandpublicationofthenotice: abcdefghiiklmnopqrstuvwxyz Subscribed and sworn to before me on TITLE: N o1~ry Public -' ' RATE INFORMATION (1) Lowest classified ratepaidby commercial users for com- $. parable space. (Line) (2) Maximum rate allowed by law for the above matter. $ (Line) (3) Rateactuallychargedfortheabovematter. $ ~- (Line) ORDINANCE NO. 85-32 AN ORDINANCE AMENDING SECTION 4.134 OF THE NEW HOPE CITY CODE BY MAKING COMMERCIAL RECREATI ON A CONDI TI ONAL USE IN A B-4 ZONING DISTRICT The City Council of the City of New Hope ordains: Section 1. Section 4.134 "Conditional Uses, B-4" is hereby amended by the addition of subsection (6) "Commercial Recreation Facilities" to read as follows: (6) Commercial Recreation Facilities. Commercial Recreation, provided that: (a) Access. The site of the proposed use has direct access to an arterial street as defined in the City Code, without utilizing publlc streets of a lower traffic handling classification to reach the arterial street, and (b) Proximity to Residential. The outside perimeter of the site, as legally described is, 150 feet or more from the boundary of a residential zoning classification, or (c) Compatibility. The primary recreational facilities are enclosed such that 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 to property values or constitute a blighting influence. (d) Screening from Residential. Parking areas shall be screened from view of residential districts and shall be curbed with continuous concrete curbs not less than six inches high above the parking lot or driveway grade, at the curb line. (e) Access. Vehicular access points shall be limited and designed and constructed to create a minimum of conflict with through traffic movement. (f) Lighting Shielded. All lighting shall be hooded and so directed that the light source is not visible from the right-of-way or from a residential zone or use. (g) Surfacing. The entire area other than that occupied..by buildings, structures or plantings shall be surfaced with a bituminous or concrete material which will control dust and drainage. The material and grading shall be subject to the approval of the City. (h) Landscaping. Landscaping shall be provided and the type of planting material and the number and size of plants shall be subject to the approval of the City. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated this 13th day of January , 1986. / - ~O/'- Mayor- C Attest: ~r~ ~ ~,~L~] City Cierk (Published in the New Hope-Golden Valley Post on the 23rd day of January , 1986). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN/ ss. Gary E. L'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge 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. which is attached was CUt from the columns of said newspaper, and was printed and published once a week, for / successi ..... ks; it was first published on -~~ V~~ , the ~*~'~day of to and including the day of 19__, and printed below is a copy of the lower case alphabet from A to Z, 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 Subscribed and sworn to before me on TITLE: I~1 ~a r y Public RATE INFORMATION (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) Rateactuallychargedfortheabovematter. $ ~"~/- "~/ (Line) ORDINANCE NO. 85-33 AN ORDINANCE ESTABLISHING SANDPIPER COVE 2ND ADDITION IN A "R-4" ZONING DISTRICT The City Council of the City of New Hope ordains: Section 1. Section 4.27(6) "Extent of R-3 Medium Density Residential District" of the New Hope City Code is hereby amended to read as follows: (6) Lots 1 through ~ 3_/7, Block 1 Sandpipe] Section 2 Section 4 28 "Extent of R-4 Hi~] Residential District" of the New Hope City Code by the addition of sub-section (32) to read as f,:~ ~v'/,?~.. ,..~~ (32) Lot 1, Block 1, and Outlet A Sandpipe . Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 24th day of Februar,y , 1986 . ~ ' - ~X ~- Mayor Attest: City Clerk