Loading...
1987 ORD ORDINANCE 87-1 AN ORDINANCE AMENDING THE MINIMUM REQUIREMENTS FOR ON-SALE RESTAURANT LIQUOR LICENSES AND CHANGING THE LICENSE TERM AND TIME FOR PAYMENT OF LICENSE RENEWAL FEES The City Council of the City of New Hope ordains: Section 1. Section 10.038 "Restaurant" of the New Hope City Code is hereby amended to read as follows: 10.038 Restaurant. The term "restaurant" for purposes of the sale of intoxicating liquors or wine shall have the following described meanings. ~ a~t~? the sa~e ~ ~eve~a~es may mast ~t e~eee~ 68% ~ the ~ss sa~es o~ amy ~esta~a~t as ~e~e~ ~ th~s seet~oa. (1) Restaurant, Class One. Any establishment, other than a hotel, under the control of a single proprietor or manager, meeting the following minimum requirements: (a) Initial Investment. An applicant for a "Restaurant, Class One", license must initially invest or propose to invest in the business a minimum of $850,000.00, excluding land costs but including all fees, site development, utilities, furnishings, fixtures and construction costs based upon 1987 construction costs. The required amount shall be periodically adjusted upward or downward by amendment to this section to reflect changes in construction costs as reflected in commonly accepted construction cost indices. In the case of multi-purpose buildings such as shopping centers, motels, hotels, and the like, only that portion of the building directly attributable to the preparation, handling, storing, consumption or serving of food and liquor shall be considered in determining the value of the investment. In the event that a license is proposed for an existing structure, the fair market value for real estate tax purposes, exclusive of land value, as determined by the City Assessor in the year the license is first issued, may be used in place of construction costs in determining whether the initial investment requirement has been satisfied. An applicant holding a leasehold interest in property may also use the 1 fair market value of the property for real estate tax purposes as determined by the City Assessor in the year the license is first issued for determining whether the initial investment requirement has been satisfied. An applicant purchasing an existing licensed business and requesting a license transfer must establish that the fair market value of the business equals the amount of the initial investment required hereunder. The Council may provide for an independent appraisal at applicant's expense, as an aid in determining the investment or the value of said business. In the event this requirement as to investment is not complied with within one year from the date of issuance of the license, the license may be revoked or suspended. (b) Building Area. A restaurant building containing a minimum of 2,250 square feet used for seated dining purposes, including the bar area but excluding the area used for kitchen, storage, restroom facilities, waiting areas, and entrance and exit purpose~. (c) Seating Capacity. A restaurant building having appropriate facilities and adequate staff to serve meals at tables and, for seating not less than ~88 150 guests at one time for meals, including seating available for food service in the bar area but excluding seating in a lounge or waiting area. and ~ts ~ests? ~nd the D~ne~pa~ p~t o~ the b~s~ness of wh~eh ~s the se~v~m~ of foods. (d) Maximum Liquor Sales. The sale of intoxicating liquor, wine or non-intoxicating malt beverages shall not exceed 50% of the restaurant's 9ross yearly sales. (2) Restaurant Class Two. Any establishment with appropriate facilities to serve meals as defined in section 10.038(1)(c) of this S~de section 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. 2 (3) Restaurant, Wine Licenses. Any 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 ~ the other requirements for a restaurant as defined in section 10.038(1)(c) and (d) of this ee~e section. Section 2. Section 10.472 "When Fee Payable" of the New Hope City Code is hereby amended to read as follows: 10.472 When Fee Payable. The initial license fee shall be due and payable in full within 90 days of approval of the application by the City Council or issuance of a Certificate of Occupancy whichever is sooner, a~ e~ e~eh ~a~y ~8 ~he~e~e~ All subsequent license renewal fees shall be paid at the time the yearly license renewal application is submitted by the licensee pursuant to section 10.45 of this Code. All fees shall be paid into the general fund and shall not be refunded once a license is issued. No license shall be issued until the fee is paid in full. Section 3. Section 10.762 "Payment" of the New Hope City Code is hereby amended to read as follows: 10.762 payment. The payment of the initial license fee shall be made within 60 days after approval of the application by the City Council or the issuance of the Certificate of Occupancy, whichever occurs first. ~ ~ ~~y ~8 ~he~e~e~ All subsequent license renewal fees shall be paid at the time the yearly license renewal application is submitted by the licensee pursuant to section 10.45 of this Code. All license fees shall be paid into the general fund and shall not be refundable. No license shall be issued until the fee is paid in full. Section 4. Section 10.45 "Renewal Applications" of the New Hope City Code is hereby amended to read as follows: 10.45 RENEWAL APPLICATIONS. All on-sale and off-sale liquor licenses shall expire yearly on the last day in December. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license and shall be made in such abbreviated form as the City Council may approve. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the City Council may, if the other provisions of this chapter are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on sale" license, and in any event prior to the time that the application is approved by the City Council, the applicant shall file with the City Clerk a statement made by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the twelve month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate of Authority. Section 5. Section 10.61 "State Statutes Incorporated by Reference" of the New Hope City Code is hereby amended to read as follows: 10.61 STATE STATUTES INCORPORATED BY REFERENCE. The provisions of Minnesota Statute Chap. 340~ relating to the matters of retail sale, distribution and consumption of intoxicating liquors are also adopted and made a part of this section as if fully set out herein, except where greater restrictions are set forth herein, in which event, the greater restrictions of this Code shall apply, as provided by Minnesota Statutes section ~48w~? S~w ~ 340A.509. Section 6. Section 10.575(1)(c) "Liquor Liability/Dram Shop" of the New Hope City Code is hereby amended to read as follows: (c) Liquor Liability/Dram Shop. Coverage for liability imposed on the licensee by Minnesota Statutes section ~40~ 340A.801. Section 7. Effective Date. This Ordinance shall be effective upon its passage and publication. City Clerk (Published in the New Hope-Golden Valley Post on the 19th day of February , 1987). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION ~ ~ or DF HENNEPIN : ': ¥ excluding laad Costs · :' site development, utilities, fur- .upon 1987 ~ , · amount ~hall be poriud- : to this ~ L ' ' ~ reflected , ' cost indices. In .the I .~ building cente f~s, portion of the build- rault, being duly sworn, off oath says that he is the publisher of the newspaper known as the NEW [ preparatiOn, heudling, Star- [N VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl* ~ or. serving of food and liquor shall be s which are stated below: r the value of the investment. In paper has complied with all of the requirements constituting qualification as a quaJified newspaper, as for real estate tax pt![rposes, innesota Statue 331A.02, 331A.07, and other applicable Jaws, as amended. ; determined by the City Assessor i ,sued, may be used in place ~C"-'"'" ,~ :. of ~g whether the initial in- beeh satisfied. An applicaht-ted ~AL-'VL~2 property may also use the ~- .~ for reatestatetax pur- - * · Assessor. in the year the determining whether the initial has been satisfied.' An appliCant and requesti~Jg~-a ~ the fair marknt value initial investment :hod was cut from the columns of said newspaper, and WaS printed and published once a week, for may provide for an~in- applicant's expense, as an aldin of said business. )ccessiveweeks; it was first published on ,the / ~ ayof ~ the date of issuance of the building containing a mini: ,,L-x..~J~x,~[ , and was thereafter printed and published on every ,, feet used for seating din~g purposes, ~ but excluding the area used for facilities, waiting areas, and to and including the day of 19 , ~low is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- restaurant building having ap- ~ kind of type used in the composition and publication of the notice: adequate staff to serve meals at [200] 150 guesls at one abcdefghiiklmnopqrstuvwxyz U~A Japun ocueu pa,LUflSSe aq.L '[ -~:SeUNJaa AqaJaq u! al!j ua a Jo Ua!UA', suoNeaU!3ads f/gu pemnsse ue depun e~osauuiw oJ~ paq3e~e s! q3!q~ esodo.~d paluldd ;3U .pesuaJ~. Jo §uil3npuo3 aq'll ,v, 'pnole is! oq/~ 'pou6.s~apun aqJ, :satn.~e'~s peoJ pue pauado AI3Uqnd eq uaq~ I1!~ ~Sauujw '£~£ 3e~,deq3 o,[,[uens~nd .4aW.!. pue /:86L '0[ q3JeW 'cu'e 00:iL Y/OS:INNIW :10 :I/VIS I!~un e~osauu!w 'q~nocuAId to AH~ BY: :IWVN eqi Aq pa^ja3a3 aq Ii!A~ quei paieA ' O:IwnssY =10 qLV:)l:llJ.~l:l:) -ale UOlle§ UOHl!tU 0'[ e ~o 5u.!,tu!ed JoJdo~xa oue Jo!dui, u! GU~ JOJ .Sp!~ paleaS ~eq~ uaA!6 AqoJaU s! O~!,[ON TITLE: '(ZB6[ '6t '9 :[ A.lendqa-4 tSOd [-Es£-e00s 'ON 1:)3 road 3 3v ~worn to before me on deuueN U~JON aql u! paqs!lqnd) .~IgMO.I.~Ig.L.YM.LNV'Id 066[ '[ t 'ides sed!dxe uo.ss.tucuo3 AW a~oAauuiw'Asuno3u.deuuaH : .G'gN. VaN ~llVd3a'aN NY9'I3 ' 3uqnd AJelON 'u!,~poo~ ':1 e!3JJ,I,e~ ~: ~? Y.LOS3NNIW ' ~day of 19 ('IV~S -1VI ~Y£ON) 'H J. nowA~Id ::10 Al13 · , ~ep q~0~:.s q,t ecu aJo~aq palSPal~AOU4 lsod q~nocUXlcl aq.L u! peqs!lqad ~ e se~ ,[uacunJlsu! fiu!o~aJo~ aql s~fJo~ 3jlqnd Jo JoJ,3aJ!o , M' ~--~-- ~-'- ' aJ°°W PaJ-I ~ uuew qdaso? O=iNOiS 'lleH A,[!3 q,mocuAld aql ~JA0~v~]~ A. ~CHLILTENOVER lS-9t-I ag.LYa *v ~.o Aqqol u!ecu atp, le ieow 'SB6L 'P: ;~ NOTARY i~UgL!C--M!N~'[ESOTA 69¢SSNW'aAoJoafdeW A.tendqa:l 'Aepsan.L ':W'¥ 00:6 ~e. '['~'~g 'u-I ~n!^XPeqS-Ir~tB p eq aq-II!/V', §U!Pl.nq alL[ ~.0 q6no.lqt ~ ~.Y HcNNF. rIN u~.. ::'~' Y ssaJPpVlueJlS -~ig,v, p.u.g aDueJa)UO3 p!qaJd V '6 u!~pooa'-I laeqoiW ~V Cc, il~,~i$Si0~ ~.xp[re.S J~n. 2 i$89 - elaeN 'q~nocuAId ~ ~ " o 'sp q 6u undo ~o ecu ~ 0o npaq3s 6el alii pue ecueu a~eJodJo3 lelSel . , ~ ~ cue ue Uj tlirtocu^ld ~O ,ace. (Line) I$ earn ~.sncu naa 'uoLteJodJo~ AH:~ aUI at a qeAed puoq s dappl~ s! deuato ssau!snq a*.p, )l :e,toN - '(~ei Aq pOi!abed 'stuacun~op jo ~as e Jo] pad!nb rate allowed by law for the above matter. $. - _ -aJ Hsodap au aq /~ aJaql '~u (Line) (3) Rate actually charged for/he above matter. $. (Line) ORDINANCE 87-2 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE BY CLARIFYING THE DEFINITION OF RESTAURANT The City Council of the City of New Hope ordains: Section 1.* Section 4.022 (120) "Restaurant" of the New Hope Zoning Code is hereby amended to read as follows: (120) Restaurant. An establishment which serves food in or on non-disposable dishes. 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. The term restaurant for purposes of the sale of intoxicating liquor or wine shall have the meaning ~ described in section 10.038 of this Code. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. ~ Mayor CitY Clerk (Published in the New Hope-Golden Valley Post on the 23rd day of April , 1987). 1 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 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; it was first published on ~'~'-~-(~ ,the ]4~//' ,19 g ~ , 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 BY: Subscribed and sworn to before me on TITLE: ~,, :,:~,~ ........... ~,.es ~an. 2, 1989 RATE INFORMATION (]) Lowest classified r~e p~l~ by corn merci~l vsers p~r~ble ~poce. (Line) (2) Maximum rate allowed by law for the above matter. $ (Line) ORDINANCE NO. 87-3 AN ORDINANCE AMENDING SECTION 8.121 TO REQUIRE A LICENSE FOR SELF-SERVICE LAUNDERING BUSINESS The City Council of the City of New Hope ordains: Section 1o Section 8.121 "License Required" of the New Hope City Code is hereby amended to read as follows: 8.121 License Required. No person shall manage, conduct, operate or carry on the business of a self-service or coin-operated dry cleaning and laundering establishment without first having made an application and obtained a license therefor from the Council. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated: April 27, 1987. Mayor Attest: ~~ ~ City Clerk (Published in the New Hope-Golden Valley Post on the 7th day of May , 1987). NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS. COUNTY OF HENNEPIN ~'~h~' Or- its .AtteS~ ~Ca[~!u,CaK!son , ~L: Gary E. g'Herault, being duly sworn, on oath says that he is the publisher of the newspaper known as the NEW Cit~,Ct~k HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- '~ ~p~S!~e~d ~ d The ::Ne~ Hop~-, edge of the factswhich are stated below: (A) The newspaper has complied with ~lt 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 ~~ ~' which is attached was cut from the columns of said newspaper, and was printed and published once a week, for / s ...... i ..... ks; itwasfirstpublishedon C~ ,the ~ ~ dayof 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 J this ff Z~ day of g~fy '3o~*,mission Expires Jan. 2, 1989 RATE INFORMATION (1) Lowest classified rate paid by commercial users for com- $. ~ "~ parable space. (Line) (~) ~a×imum rateaUowed by ~awforthe ab ..... tter. $ ~--~ ~' '~/ (Line) (3) Rate actually charged for the above matter. S (Line) ORDINANCE NO. 87-4 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 2.041 RELATING TO THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS The City Council of the City of New Hope ordains: Section 1. Section 2.041 "Schedule of Proceedings" of the New Hope City Code shall hereby be amended to read as follows: 2.041 Schedule of Proceedings. Each meeting of the Council shall convene at the time and place appOinted therefor. Council business shall be conducted in the following order except that the open forum shall be held only at the meeting on the fourth Monday of each month: (1) Call to order; (2) Ro~ ea~½; Pledge of Allegiance; (3) ~p~ova~ ~ M~n~es; Roll Call; (4) B~d 8pe~n~s; Approval of Minutes; (5) P~b~e Hea~n~s; Open Forum; Consent Business; (7) 8~d~a~ees and Res~o~s; Public Hearing; (8) Repo~s O~ O~ee~s7 Boards? and committees; Development and Planning; (9) ~n~shed B~s~ness; Petitions and Requests; (10) New b~s~es~; Ordinances and Resolutions; (11) Somme~%s a~d s~g~es~ens f~m ~zens p~esen~; Unfinished and Organizational Business; (12) M~sce~aneous; Other Business; (13) Adjournment. Section 2. Effective Date. This ordinance shall be effective upon its passage and publication. Dated: April 21, 1987. //~layor City Clerk (Published in the New Hope-Golden Valley Post on the 7th day of May , 1987). 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. .~,~ ~,. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for successiveweeks; it was first published on ,the u~ ~ dayof ~its L.~-~_~_f__ ,19 O~ ¢ ,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- Mayor · ' ?, r ATTEST /S/C~a~'t~l~. lng the size and kind of type used in the composition and publication of the notice: abcdefghijklm nopqrstuvwxyz TITLE: i~ff~' ~,~ 1 this day of ,, ~ ~a~ry Public ~ly uommissioa Expiras Jan. 2, 1989 ........... ~ INFORMATION { 1 ) kowes~ classified tale ~aid ~ commercial users for com- ~ parable space. (Line) (2) ~aximumrateallowedbylawfortheabovematter. $ ~ ~- (Line) (3) Rateactuallychargedfortheabovematter. $ ~ (Line) ORDINANCE NO. 87-5' AN ORDINANCE AMENDING SECTION 3.43 OF THE NEW HOPE SIGN CODE BY INCLUDING PERMIT AND REGULATIONS'EXCEPTIONS TO THE CODE The City Council of 'the City of New Hope ordains: Section 1. Section 3.43 "Sign Permits" of the New Hope City Code is hereby amended to read as follows: 3.43 Regulation And S~qn Permit Exceptions. The signs indicated in Sections 3.431 through 3.436 are exempt from the permit requirements of Section 3.116 and from the regulations of the New Hope Sign Code, Section 3.40 through 3.485, except that they shall be set back from the street right-of-way line a distance of at least one-half of the minimum setback specified in the New Hope Zoning Code district regulations. S~gn Permits a~e ~equ~e~ as p~esc~be~ ~n Subsee~on Section 2. Section 3.431 "Flags" of the New Hope City Code is hereby added to read as follows: 3.431 Flags. Flags or emblems of a national, federal or state government,., or a subdivision thereof, displayed on private property. Section 3. Section 3.432 "Memorial Signs" of the New Hope City Code is hereby added to read as follows: 3.432 Memorial Signs. Memorial signs and tablets displayed on private property. Section 4. Section 3.433 "Signs Required By Law" of the New Hope City Code is hereby added to read as follows: 3.433 Signs Required By Law. Legal notices, address numerals and other signs required to be maintained by law or governmental order, rule or regulations, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. Section 5. Section 3.434 "Public Convenience Signs" of the New Hope City Code is hereby added to read as follows: 3.434 Public Convenience Signs. Small signs, not exceeding two square feet in area, displayed on private property for the convenience of the public, including directional or identification signs for restrooms, freights' entrances, garage and rummage sales and the like. Garage and rummage sale signs shall show, clearly imprinted,, the name and address of the person erecting the sign, or responsible for the same. Said signs shall not be erected more than five days before or maintained more than one day after the-sale to which the sign relates. Section 6. Section 3.435 "Political Signs" of the New Hope City Code is hereby added to read as follows: 3.435 Political Signs. Small signs, not exceeding eight square feet in area, displayed on private property, containing matter which is intended or tends to influence directly or indirectly any votinq at any primary, general, municipal, special or school election, including pictures or announcements relative to candidates or'campaign advertising. Said signs are permitted in addition to other signs in any zoning district provided that no person shall permit or allow any such sign to be located or maintained on his property more than thirty-one days before or five days after the election tO which the sign relates. Section 7. Section 3.436 "Government Signs" of the New Hope City Code is hereby added to read as follows: 3.436 Government Signs. Signs of a duly constituted governmental body including traffic or similar regulatory signs, legal notices and warnings at railroad crossings. Section 8. Section 3.116 ."Signs of the New Hope City Code is hereby amended to read as follows: 3.116 Signs. ~x~ept ~o~ routine maintenance? no ~ sign may not be painted, constructed, erected, remodeled, relocated, or expanded or painted except in cases of routine maintenance without umt&~ a sign permit. ~s obtained and unt~_ A permit shall not be issued unless the sign and all other signs on the premises of the applicant are brought ~nto conformance in compliance with th~s sect~onv No s~gn permit sha~ be ~ssued ~or any s~gn un~esS the s~gn ~s permitted by and eomp~es w&th the regulations of the New Hope Sign Code, Section 3.40, et al. provided? however? that s~gns o~ a du~y s~m~ar regu}atory dev&ces? ~ega~ notices? and warn&ngs at ra~road eross~ngs are exempt ~rom the permit requ&rement and ~rom the regulations o~ th~s section. Section 9 Section 3 116 (1)(a) through (e) "Exceptions" "Memorial Signs" "Signs Required By Law", "Flags", , "Public Convenience Signs" and "Political Signs" are hereby repealed in their entirety. Section 10. Section 3.116(2) "Exemptibns From Permit Fee" and 3.116(3) "Exemption From Permit" are hereby renumbered 3.116(1) and 3.116(2) respectively. Section 11. Effective Date. This ordinance shall be effective upon its passage and publication· 'Dated: October 12 , 1987. City Clerk (Published in the New Hope-Golden Valley Post on the 22nd day of October , 1987.) NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION 3',~ ~ESOTA SS. NNEPIN table~s disPl&yed on Law" of, tl~e,New Hope ' numerals -ami fig duly sworn, on oath says that he is the ~ of theVnewspaper known as the NEW New {Y POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- e stated below: $ complied with all of the requirements constituting qualification as a qualified newspaper, as tatue 33]A.02, 33]A.07, and other applicable laws, as amended. City Cod~ at ~. ~eeks; itwasfirst oublishedon ~ ,the ~ day0f $.~ ~ 19 ~ ~ and wa~ t~ereaHer prin*ed and ~ublished on every tO and including the day of 19 , may ~ ~ opy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be · ex~d- ~pe useo in the composition and publication of the notice: '~'~;~ ',. i~ abcdefgh ii klm nopq rstuvwxyz signs ~ a duly ¢~stit~ ~. ~milar r~lat~y ~vices, c~ssin~ are exempt from l~ t lens ~ this ~n.] B Y Si4 ~mit F~" and T I T L E: her~y ren~t~ 3.116(i) before me on RATE INFORMATION (]) 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. 87-6 AN ORDINANCE INCREASING THE MAXIMUM FINE FOR PETTY MISDEMEANOR VIOLATIONS OF CITY CODES The City Council of the City of New Hope ordains: Section 1. Section 1.902 "petty Misdemeanor" of the New Hope City Code is hereby amended to read as follows: 1.902 Petty Misdemeanor. Specific mention of a violation of any of the provisions of this Code as being a petty misdemeanor shall mean that, upon conviction, the sentence of a fine of not more than one two hundred dollars may be imposed. In absence of the designation of petty misdemeanor in connection with any violation, such violation shall be a misdemeanor, as set forth above. However, not withstanding the foregoin__q_qm n__o fine of more than one hundred dollars may be imposed for a petty misdemeanor ordinance violation which conforms in substantial part to a p~t_~ misdemeanor provision contained in Minnesota Statutes Section 152.15, subdivision 2, or Minnesota Statutes Chapters 168 or 169. Section 2. Section 9.129 "Penalty" of the New Hope City Code is hereby amended to read as follows: 9.129 Penalty. Violation of any provision of this section is hereby declared to be a petty misdemeanor. by a $5=88 f~ne assessable ~n the fo~ow~ng %~ S&ng~e-Pam~¥-Res~ence= $5=8~ ~or s~ng~e res&dentes? ~nc~u~&ng ~up~exes for which each of h~s own waste= ~or ~up~exes7 fourp}eMes an~ other +B+ Non-Res~ent~a~-B~ngs= $~OO per ~7OOO thereof for ~eta~ b~s~nesses? off,ce warehouses? man.factoring p~ants? churches? Section 3. Effective Date. This ordinance shall be effective upon its passage and publication. Dated: ^u~ust 24 , 1987. Attest: __ ~. ~. City Clerk (Published in the New Hope-Golden Valley Post on the 3rd day of _ September__ , 1987.) 2 NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION of '~ STATE OF MINNESOTA SS. COUNTY OF HENNEPIN tion.of petty rn nection with set withsta. may be Gary E. L'Herault, being duly sworn, on oath says that he is the ~ of the newspaper known as the NEW · lO HOPE-GOLDEN VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- edge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable ~aws, as amended. of (4 d'~nce. which is attached was cut from the columns of said newspaper, and was printed and published once a week, for therein. ~'~"' to and including the day of 19 , (3) Non-Res~M~'~t~al:~i.l:~'$., and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be $~,O0~Zl~:0QQ ~squa~e ~e~_i lng the size and kind of type used in the composition and publication of the notice: abcdefghiiklmnopqrstuvwxyz ~rriu .m~ , Effecli~e.~e.: ~Tbis or- B Y: din~ce shall pas~and ~u~ cati~;~ /s/E~ward J Erick~n TITLF' /s/Carol E. CaH~ , CHy ~lerk ' ~ce, m~ c~tes new. m~er,~ Valley, Post ~$~eL~Z,~ Not~ry Public (1) Lowest classified rate paid by corn mercia l users for com- $. p~rable space. (Line) (2) Maximum rate allowed by law for the above matter. $ (Line) (Line) ORDINANCE NO. 87-7 AN ORDINANCE AMENDING SECTION 11.052 OF THE CITY CODE CONFERRING AUTHORITY TO ISSUE MISDEMEANOR CITATIONS The City Council of the City of New Hope ordains: Section 1. Section 11.052 "Authorization to Issue Tickets" of the New Hope City Code is hereby amended to read as follows: 11.052 Authorization to Issue Tickets. Pursuant to Minn. Stat. section 626.862 the Council hereby confers the power a~ a~thor~t~ to ~ss~e a~ serve a written or pr~nte~ ~ot~es7 hereinafter re~erre~ to as t~ets? ~po~ persons char~ed w~th Sit~ Sode violations? upon the Director of Police and all duly appointed and acting police officers, Community Service Officers, the Director of Protective Inspections, the Fire Marshal, the Building Official and general inspectors duly appointed in the Department of Protective Inspections, the Park Rangers and the Animal Patrol Warden, the power and authority to issue and serve written or printed notices, known as citations and hereinafter referred to as tickets, upon persons charged with City Code violations. Provided, however, that during the exercise of the power and authority conferred herein, no such persons shall arrest or otherwise take a violator into custody, RI ask ~ person receiving a citation to give a written promise to appear in court, except the Director of Police and police officers may make such arrests and require such written promises as are permitted under the laws of arrest. Such ticket shall be served upon the person creating the violation, the lessee, or person in charge of the premises alleged to be in violation. Section 2. Effective Date. This ordinance shall be effective upon its passage and publication. Dated: ^uqust 24 , 1987. ~Mayor /~/ ' ttest: City Clerk (Published in the New Hope-Golden Valley Post on the 3rd day of September , 1987.) 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 ~ of the n~wspaper 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: i'P°irlt~ (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. CilY, which is attached was cut from the columns of said newspaper, and was printed and published once a week, for ....... iveweeks;itwas,,rstpub,,shedon the dayof / ~ ,19 ~' u~ , and was thereafter printed and published on every ~ or: to and including the day of 19~, its 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: t ~ C~ I~'~ abcdefghiiklmnopqrstuvwxyz ~faCe. indicates ~ ~ ~af, b~ket~ ~t h~dE~:~~ E~TE INForMaTION (]) Lowesl classified rate paid by corn mercia l users for corn- $ parable space. (Line) (2) Maximum rate allowed by law for the above matter. (Line) (3) Rate actually charged for the above metier. $ (Line) ORDINANCE NO. 87-8 AN ORDINANCE AMENDING SECTION 4.036 OF THE NEW HOPE CODE BY DOWNSIZING PARKING STALL AND BAY REQUIREMENTS The City Council of the City of New Hope ordains: Section 1. Section 4.036(4)(h)(i) "Parking Space Size" of the New Hope City Code is hereby amended to read as follows: (i) Parking Space Size. Each parking space shall be not less than ~ne eight feet nine inches (8'9") wide and twe~ nineteen (19') feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. Section 2. Section 4.036(4)(h)(v) "Parking Stall Standards" of the New Hope City Code is hereby amended to read as follows: (v) Parking Stall Standards. Except in the case of single family, two family and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the following standards: Be~ee M~n~mum M~n~m~m M~n~m~m B8 48~6· 44~5· 45 ~6~8· 5~4· 5O~O· 68 6~0· 69~· 5~4· 98* 64~8· 64~8· 64~8· Ys~a~e~ pa~n~ ~ feet ~n ~en~th Curb Stall Depth Stall Depth Aisle Width A__ngle of Stall Length Stall Wall to Interlock One Two Parking Width Per Car Length Aisle to Aisle Way Way 9--0" 8'9" 8'9" 19'0" 19'0" 19'0" 24'0" 24'0" ,§~w 8'9" 18'0" i§~5~ i§~~ ~4~6~ ~4~ 7--5" 8'9" 9'0" 19'0" 20'3" 19'5" 20'11" 23'0" *8'9" 9'0" 18'0" 19'3" 18'5" 20'11" 23'0" 60" 8'9" 10'0" 19'0" 20'3" 19'5" 18'6" 22'0" *8'9" 10'0" 18'0" i~~ i~r~~ 18'6~ ~;'~,~ 45" 8'9" 12'3" 19'0" 18'5" 17'3" 13'0" 22'0" *8'9" 12'3" 18'0" 17'9" 16'6" 13'0" 22'0" ~" 8'0" 22'0" 22'0" 8'0" 8'0" 12'0" 24'0" *The parking lot dimensions may be reduced upon submission and prior City Council approval of a comprehensive snow removal site plan. The snow removal site pie9 shall be contractual in nature, signed by the property owner and filed with the City Clerk. The reduction shall not be allowed until the conditions of this section are met. Section 3. Effective Date. This ordinance shall be effective upon its passage and publication. Dated: August 24 , 1987. City Clerk (Published in the New Hope-Golden Valley Post on the 3rd day of September , 1987.) AN ORDINANCE AMENDING sECTiON 4.03~ O'F THE NEW HOPE CODE BY-DOWNS]ZING PARKING STALL AND BAY REQUIRE MENTS The City Council of the City of New Hope ordains: Section 1, Section 4.036(4) (hi (ii "Parking Space Size" of the New Hope City COde is hereby amended to read as foUows: {~ parb;qg Space Size. Each parking space shall tie not less then [nines eight feet ~ifle inches (&'9"! wide and ~ nineteen (19'] feet in length exclusive of access aisles, and each space shall be served adequately by access Seclio,~ .. Section 4.036(4) It~) (vi "Parking Stall Standards" at the New Hope City Code is hereby emended to read as (vi Parking Stall Standards. Except in the case of single family, lwo family and townhouse dwellings, ~arking areas and their aisles shall be developed in compiian~ewith 1tie following standards: ]Wall to ]Wall to [ Interlock to [ Angle/By Wa II Interlock Interleck Degree] Minimum I Minimum] Minimum] [301' [48~6'] [~4+$'1 ]40~3] [45l [56+8'1 [53+4'1 [SO~-0] (601 [62+0'1 [sg+?'] [57~-41 [90] [64-0'] [64-~0'] {64~0] i Parallel parking 22 feet in lengtl~] Curb Stall Length Stall Length Aisle Width Angle of Stall Length Stall Wall to Interlock One Two Parking Width Per Car Length Aisle to Aisle Way Way 90 ° 8'9" 0'9" 19'0" 19'0" 19'0" 24'0" 24'0" 0° 8'0" 22'0" 22'0" 8'0" 0'0' 12'0" 24'0" *The Parking lot dimensions may be reduced upon submission and prior City Council approval ot a comprehensive snow removal site plan. The snow removal site plan shall be contractual in nature, signed by the property owner and filed with the City Clerk. The reduction shall not he allowed until the Conditions of this section are met, Section 3, Effective Date. This ordinance s~all be effective upon its passage and publication. Dated August 24, 1987. /s/Edward J. EricKsoo Mayor ~,ltest:/s/Carol E. Carlson Cily Clerk Brackets indicate deletecJ material, Old face means new matter. 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 ~ of the I~ewspaper 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/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 / success, ..... ks, it was first published on ¢.-~ ~ .~.~-.-~-¢_~ .the ~ dayof /~"'~~ ,19 (~~,andwasfhereafterprintedandpublishedonevery 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 lng the size and kind of type used in the composition and publication of the notice: abcdefghiiklmnopqrstuvwxyz Subscribed and sworn to before me onTITLE: this / ~'~ day of , 19 Nothry Public RATE INFORMATION (1) Lowes~ cl~ssifie~ r~te p~ by commerc~l osers for com- $ parable space. (Line) (2) ~aximum rate allowed by law for the above matter. $ (Line) (3) Rate actually charged for the above matter. (Line) ORDINANCE NO. 87-9 AN ORDINANCE AMENDING THE NEW HOPE SIGN CODE RELATING TO TEMPORARY SIGNS, ILLUMINATED SIGNS, RESIDENTIAL "FOR SALE" SIGNS AND COMPREHENSIVE SIGN PLANS The City Council of the City of New Hope ordains: Section 1. Section 3.441 "Banners, Pennants, Streamers, Strings of Light, Searchliqhts" of the New Hope City Code is hereby amended to read as follows: 3.441 Banners, Pennants, Streamers, Strings of Light, Searchliqhts. No Portable signs, banners, pennants, streamers, strings of light, searchlights or any other s~m~ar ~empgra___r.~ sign shall be pe~m~ted permissable ~ for commercial or industrial §pecial 9~ promotional events of a limited duration b_~ permit ~uired from the Cit~ pursuant to the following conditions: exeep~ as provided ~n S~se~t~on ~6~? provided7 however7 that ~pon a ~hange of ownership o~ mana~ement7 commer~a~ establishments sha~ ~e Derm~tted to ~se sa~d s~ns ~o~ a pe~od o~ seven ~onse~t~ve days fo~ a ~rand open~n~a7 as s~h term ~s ~ommon~y ~sed7 sa~d seven days sha~ 5e w~th~n th~rt~ dams of the change of ownership or management ~ (1) Special or Promotional Events - Special or promotional events shall mean events such as lrand Op~Rin~L~z management or ownership chanqes, or periodic sales or similar events. (2) Permit Application - Permits for any t__em_~ora__rl ~gn pursuant to th~s section shall be issued only to owners or tenants of commercial or industrial prop~r_t_~ .Applications must be submitted to the Ei~l Buildinq Official on a form approved ~1 the ~!t_~ a minimum of 14 da.y_~ prior to the special or promotional event when the siqns will be used. (3) Permit Duration - All permits issued hereunder shall be for a maximum period of fourteen days and shall expire automatically after said period. ~pon the permit expiration, the applicant shall cease to display ~n_~ and all si_~_qns permitted ~I ~ permit unless the aRplicant has obtained a new permit for said ~i_~n__ale__. (4) Limitation on Permits - No more than three permits year_~1 shall be issued--to any one propgrty or location. If two permits are obtained in succession b_~ a__qn~ ~p~_~ican~ p_~ subsection above, both permits shall be counted for the ~_rpos§ 9~ determinin~ t__h~ y_~ly limitations this subsection. (5) Sign Location - All special 9~ promotional ~pst be located on the premises where the event is occurrinq~ Signag~ shall not exceed an amount equivalent to the permitted s_~i~_qa~§ area allowed the applicant's ~psiness ~n the respective zoning district. (6) Grand O~§nin~§ - ~gthwithstandin~ the duration provisions 9~ subsection 2 above, ~rand o_]2en~9 ~Ag_9~g~ ma~ be for a maximum period of thirt~ (7) Exception - ~___~Rg~r_~ ~!gns permitted b_~ section 3.463(2) of this Code shall be exempt from the ~.e_quirements of this section. (8) Non Compliance - An~ violation of an~ of the conditions of this section will result in a forfeiture for additional ~i_~ permits for the ~~ under this section for a period of 12 months from the date of the violation. The permit forfeiture shall be in addition to a~y other penalties for code violations allowed this Code. Section 2. Section 3.444 "Window sign__s" of the New Hope City Code is hereby amended to read as follows: 3.444 Window si~.ns. (1) Maximum Window Area. In no event shall the size of the interior window signage exceed the lesser ~ twenty percent ~ ~o a maximum o~ o~e h~d~e~ %we~-~ve s~e ~ee%, of the entire window area of the one side of the building upon which said signs shall be displayed or one hundred twenty_5 five square feet. (2) Illuminated Signs. P~h~%e~-$~n_~s~ w~n~ow s~gns sha~ n~ be o~ %he gaseous ~be ~ype no~ sha~ %hey Be ~um~na%ed By ~n~e~o~ ~gh~ng ~&~ected %owa~ the w~n~w= An interior window s_~R ~l ~ illuminated provided it complies with the followinq conditions: Use. The sign is restricted to business identification 9n_~y, as defined in Section 3.422 (11). This ma~ include the business name or !q~ exclusive to the ~0Perty. ~± Flashing Simps. Flashinq ~i_~ are prohibited. c. Total Area. The encompassed area of the illuminated ~!gn shall not exceed the maximum window siqn area as defined in ~agra_~ 1_~. above. (3) Temp_q~y__~dvertis~9_~!~ns. Advertising signs that are clearly intended for temporary display only, may be affixed to a window provided that the sign area conforms with the formula allowance outlined in this subsection. The allowable sign area for a window advertising sign is in addition to the total permitted wall sign area as regulated in Section 3.465 (1). Window signs other than for advertising, such as business identification, or any sign which is permanently affixed to a window, shall constitute a dual purpose sign and thus be regulated under both the above and the provisions of Section 3.465 (1). Section 3. Section 3.461 (2) "7 or More Residential Dwellinq Units" of the New Hope City Code is hereby amended to read as follows: (2) 7 or More Residential Dwellinq Units. Where more than six dwelling units (or lots for residential development purposes) are offered for sale or rental by the same party, signs advertising such sale or rental may be constructed therefor in any district. There shall be permitted one sign facing each public street providing access to the property being offered. Each such sign shall not exceed ~k~ seventy-five square feet in area; shall be located at least one hundred thirty feet from any pre-existing home; and shall be removed within one year from the date of building permit issuance, or when less than six units remain for sale or rent, whichever is less. Said sign shall fully comply with the setback requirement for the zoning district in which the property is located. Section 4. Section 3.467 "S__!i~ns Accesor~ to Multi~.~ Oc~an~ Business and Industrial_~es Includ!~~ Sho~n_~_Centers'' of the New Hope City Code is hereby amended to read as follows: 3.467 ~!~ns Accessor~ to Multiple Occu~anc~ Business Industrial Uses Including Shgp_pin~ Centers. When a single principal builidng ~s devoted to two or more businesses, or industrial uses, a comprehensive sign plan for the entire building or shopping center shall be submitted and shall include the information re_~uired b_~ p~a__q~ (1) Be of s~f~e~en~ s~e and ~e~a~ to permit a determination as to whether or not the plan is consistent with paragraphs +{+ (2) through +3+ (4) of this subsection. No permit shall be issued for an individual use except upon a determination that it is consistent with a previously or concurrently approved comprehensive sign plan. The effect of said comprehensive sign plan is to allow and require the owner of multiple occupancy structures to determine the specific individual sign requirements for the tenants of his building. As sign locations and size, etc. may be of some significant importance in lease arrangements between owner and tenant, it is the City's intention to establish general requirements for the overall building only, thus providing a building owner with both the flexibility and responsibility to deal with his individual tenants on their specific sign needs. Section 5. Section 3.467 (1) "~o_m_prehensive Sign Plan Information" is hereby added to the New Hope City Code to read as follows: (1) Comprehensive Sign Plan Information. The applicant shall p~epar~ a written and ~raphic comprehensive §i_~a~ plan for submission to the ~!~y_~ Said plan shall include but not be limited to the following information: (a) S_~ign location (Both wall s_~ns and freestanding §i_~s_!) (b) ~i__gn area ( c ) ~i_gn heig_~ (d) Scaled building elevations (e) Scaled floor plan that outlines tenant bay_~ (f) Identification of anchor tenants ~g) Description of window si___~q~ use (h) Identification of sign design (i) S_!i~_9 Construction ~Drawin_~ (sections) !j~ The Council, Planning Commission and Cit~ Staff ma~ ~equest additional information from the a~plicant concerning the application or ~ retain ex~ert ~pinions at the expense of the Cit~_, or ma~ ~e__qu__irg as a condition ~ proceedigg with its consideration that the applicant furnish ex ep_e_~ ~pinion and data at the expense of the applicant. Section 6. Section 3.467 (2) "Wall Sign~" of the New Hope City Code shall be hereby renumbered 3.467 (3) and amended to read as follows: +~+ (3) Wall Signs. (a) Maximum Area. The total allowable sign area for a multiple occupancy structure shall not exceed fifteen percent of the combined wall surfaces on walls which abut streets in Limited or General Business Districts or ten percent in Limited or General Industrial Districts. No individual tenant identification sign may exceed one hundred square feet in area. (b) Building Identification. No multiple occupancy structure may display more than two overall building identification signs. (c) ¥~h~B~e~ Tenant Identification Signs. Individual tenants located within multiple occupancy structures, 8%he~ %ha~ shspp~ ee~%e~7 shall ~8% be permitted to display individual identification signs, e~eep% ~ if they %e~a~ wh~e½ have separate exterior entrances to their use or they are tenants in a shopping centers, in which case, not more than one sign may be displayed. A tenant occupying a corner location fronting two streets may display identification signs to both street frontages. (d) Delivery Signs. A delivery sign or signs not exceeding nine square feet in area may be located on the side or rear wall of the structure. Section 7. Sections 3.467 (1) "Compliance" and 3.467 (3) "Ground Signs" are hereby renumbered 3.467 (2) and 3.467 (4) respectively. Section 8. Effective Date. This ordinance shall be effective upon its passage and publication. Dated: 0¢t0ber 12 , 1987. //Mayor Attest: ~L~ ~ ~U City Clerk (Published in the New Hope-Golden Valley Post on the 22nd day of October , 1987.) NEW HOPE-GOLDEN VALLEY POST AFFIDAVIT OF PUBLICATION · ~INNESOTA o~ ~ HENNEPIN ss. It, being duly sworn, on oath says that he is the ~ of tl~ newspaper known as the NEW VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- hich are stated below: aof~$ oer nas complied with all of the requirements constituting qualification as a qualified newspaper, as !sota Statue 331A.02,331A.07, and other applicable laws, as amended. ~ ~' ' ,l~all be be IQr'i max* was cut from the columns of said newspaper, and was printed and published once a week, for sectiofl 3.463(2)of lt~i:e~JltJol~ofJh, si ..... ks;itwasfirstpublishedon ~'~~ ,the ~'~c~k~'~ayof J~ ~ ,19~ , and was thereafter printed and published on every City Code to and including the day of 19_ , copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as iposition and publication of the notice: abcdefghiiklmnopqrstuvwxyz ,wi~h the following busiaess B Y: area of the illumilmted sign n area lib ileflned in TITLE: I signs that are clearly rn to before me on affixed to a windOw vith the formula allOwance ~ ~ e sign area' for a windOw lng development ~urposes) are of- ~,~:.r~d .m ~t~ ' ..... ~ sate I therefor in any district. There shall be street providing ,c. ~ teed I feet in area; shall be located.al · , ..... the date of building permit RATE INFORMATION units ramzin for ~le or rent, with the ~tback ~,~ ~- t~ property is Iocat- :1 rate paid by commercial users for com- $.. (Line) to Multiple Occupancy Ceeters' of the New ~ ~ ~. ~ IIows: llowed by law for the above matter· $ Business Industrial Uses (Line) ~ a single principal building is ~' ~) · industrial uses, a comprehen- arged for the above matter. $. shopping center shall be sub- (Line) paragraph determination as to ~ for an n that it is consistent with a The effect "of said ~ is to allow and owner of mul to "determine the s~ecific in- building. As sign imporatance in lease the City's inten- tion to Ihe.Oexibility and reopon- ORDINANCE NO. 87-10 AN ORDINANCE AMENDING SECTION 14.081(1)(e) BY AMENDING LICENSE FEES FOR VENDING MACHINES The City Council of the City of New Hope ordains: Section 1. Section 14.081(1)(e) "Vending Machines" of the New Hope City Code is hereby amended to read as follows: (e) Vending machines - $15.00 per location for the first vending machine plus $7.50 for each additional machine. Said fees apply to machines dispensing both wrapped and unwrapped goods. ~ ~nw~a~ed ~oo~ ~oo~s-$~5 per ~s% ve~ maeh~e? p~s SRo00 a~%~ona~ ma~h~ne~ maeh~ne and $~OO ~o~ eaeh maeh~neT Section 2. Effective Date. This ordinance shall be effective upon its passage and publication. Dated: September 14 , 1987. City Clerk (Published in the New Hope-Golden Valley Post on the 24th day of September , 1987. ) 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 ; ~ ;LL~ of file 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 ~~ -~L.,,~ ~"' ,the~'~ '~/ ~dd;y 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 acknowJedged 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 thJs~::~ C~' day of ' ~ , 19. (~ ~ ! Notary Public RATE INFORMATION (1) Lowestclassifiedratepaidbycommercialusersforcom- $. ~ parable space. (Line) (Line) (Line) ORDINANCE NO. 87-11 AN ORDINANCE AMENDING THE CITY BUILDING CODE BY INCORPORATING BY REFERENCE THE 1987 MINNESOTA STATE BUILDING CODE AND APPENDICES The City Council of the City of New Hope ordains: Section 1. Section 3.21 "1982 State Building Code Adopted" of the New Hope City Code is hereby amended to read as follows: 3.21 ~98~ Minnesota State Building Code Adopted. The Minnesota State Building Code identified as ~SBC, and established pursuant to Minn. Stat. § 16B.59 through 16B.73 wh~eh beeame e~eet~e Ma~eh ~? ~98~? is hereby adopted by reference as the Building Code of the City. The MSBC is ,hereb~ incorpOrated in this code as completely~S if set out in full. Section 2. Section 3.211 "Historical Summary" of the'~New Hope City Code is he~reby amended to read a~ follow.s:- 3.211 Historical Summary. The ~SBC which became effective February 17, 1987, Septembe~ ~? ~980 adopted the ~9~ 1985 Uniform Building Code (UBC) with amendments. The MSBC ~98~ ~B~ was amended and adopted by ~ M~AR Seet~8~ Minnesota Rules 1985 Chap. 1300, 1305, 1310, 1315, 1320, 1330, 1335, 1340, 1355, 1360 and 1365 as published in the State Register on February 9, 1987. No~embe~ ~? ~98~ &~ Feb~aPy ~7 ~98~? aa~ the ~98~ ~BS? as eme~e~? beeame ef~eet~e a~ the SBS o~ Ma~eh Section 3. Section 3.212 "Adopted Code and Rules On File" of the New Hope City Code is hereby amended to read as follows: 3.212 Adopted Code and Rules On File. One copy of the 1985 UBC and one copy of the A~opte~ R~es Ame~emeat$ t~ the Minnesota State Building Code, effective as of February 17, 1987, Me,eh ~? ~8~? each marked as the Official Copy are filed for use and examination by the public in the office of the City Clerk as provided by Minnesota Statutes 471.62. Section 4. Section 3.213 "Appendices Excepted" of the New Hope City Code is hereby added to read as follows: 3.213 .Appendices Excepted. As provided in ~ MSAR Seet~ ~0~047 MSBC § 1305.0150 Subp.2 Appendices of the UBC do not apply unless they have been specifically adopted. Section 5. Section 3.221 "Codes Adopted By Reference" of the New Hope City Code is hereby added to read as follows: 3. 221 Codes Adopted By Reference. The 1987 ~08~ Edition of the MSBC adopts by reference the following codes and said--codes are hereby adopted by reference and are incorporated into this Code as if set out in full herein: (1) Chapter 1305 - The 1985 ~08~ ~os of Uniform Building Code, identified as "UBC" including required Appendix Chapter 35. (2) Chapter 1315 - The ~8~ ~%~o~ of ~he National Electric Code, identified as "NEC"; (3) Chapter 1320 - Elevators and Related Machines. (4) Chapter 1325 - Solar Energy Systems ~9~ (5) Chapter 1330 - Technical Requirements for Fallout Shelters. (6)+~+ Chapter 1335 aFlood Proofing Regulations~ A~m~. (7) Chapter 1340 - Facilities for the Handicapped. (8)+6+ Chapter 1345 - Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code ~es%~f~e~ es BBS ~0~ %h~o~h SBS +O~ S~&~e Of M~sseoo~& Mobile Hame (~) Chapter 1350 - Manufactured Homes. (10) Chapter 1355 - Plumbing Code. (11) Chapter 1360 - Prefabricated Structures. (12) Chapter 1365 - Variation of Snow Loads. (13) Chapter 4215 - Model Energy Code Amendments. (14) Chapter 1300 - Code Administration. Section 6. Section 3.222 "Appendices" of the New Hope City Code is hereby repealed in its entirety. Section 7. Section 3.223 "Optional Provisions of the SBC Made Mandatory In City Building Code" of the New Hope City Code is hereby renumbered 3.222 and amended to read as follows: 8~a~3.222 Optional Provisions of MSBC Made Mandatory..in City Building Code. The following Appendices, Standards, and Supplement Materials are not a mandatory part of the MSBC but are hereby adopted by reference and are incorporated into this Code as if set out in full herein per MSBC § 1305.0150 Sub~.2(a). 8~g&a~ae&eas UBC Appendix Chapter 7 Covered Mall Buildings. (2) ~98~ UBC Appendix Chapters ~ %Ss~e~ea Ma~ (3) UBC Appendix Chapter 70 Excavating ~nd Grading. Section 8. Effective Date. This ordinance shall be effective upon its passage and publication. Dated: N0vember 9 , 1987. /Mayor City Clerk (Published in the New Hope-Golden Valley Post on the 19th day of November , 1987. ) New NEW HOPE-GOLDEN VALLEY POST AFFI DAVIT OF PUBLICATION Code of the New Hope . became effective MINNESOTA ,R Section 1.10103, SS. Rules 1~8S Chap. F HENNEPIN and 13&5 as I Rutog O~. File" df the ~ne copy of ti~e [1982] 198~ ~,uv=, ,,,,,~ Amendments ~*'.,'iCf,~,/ , effective as of February 17, ult being duly sworn, on oath says that he is the ~ of twa newspaper known as the NEW ~ the' Official copy are f led for VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowi- in the office of the City Clerk a,s.~hich are stated below: ~1 New Hope goer nas complied with all of the requirements constituting qualification as in [2 flACAR Section ~esota Statue 33]A.02, 33]A.07, and other applicable laws, as amended. of the UBC do not ~,-~ . ,3~21 The 1987 [1982], Edition of the · - said codes are into this Code as I~ [1~82 Edition of the] Uniform Build- 6C" including required Appendix a was cut from the columns o! said newspaper, and was printed and published once a week, for the] Na'~ional Electric (3) Related Machines. [1978 ~.~~.~.~ / ~'~C.dayof Safety Code for Elevators, ~ssive weeks; it was first published on the Walks, identified as ~,,r ~4)~' · ~ ANSIA17.1a 1979.][1979 Plumbing Code, ,~-~ .~ ,19 ~ ~ , and wasthereafter printed and published on every Regulations" [June, 1971, Of- to and incJuding the day of / ~s a copy of the Jower ease a~p~abet from A to Z, both inclusive, which is hereby acknowledged as be- nu of type used in the composition and publication of the notice: · ,~(8) Heating, Ventilating, Air Refrlgerution Code [idontified as SBC 7101 abcdefghiiklmnopqrstuvwxyz for Energy Conservation in Remodeled Elements of Build* Existing Public Buildings", Installation Standards 1982, BY: for Solar Energy Systems and Need of Buildings", 1977, Edi- (~/(?~,~ r~ d ~' TITLE: (1i) I] Str,ctures. /orn to before me on Cede Amendments. New HOI~ City Code is 5yof ~~ ,19 of the SBC Made Mandatory ~ ~ code is hereby renumbered ~ //~. [3.223] 3.222 ~ ~ ~) ' ~ ~ ;dedsM OeqJIKInS ('LO6[ '6[ jOqLUO^ON t$Od s -LUa^ON I~u!peaJ puo:~es ua po~,dopv -. · ~' .laqOPO §ulpeaa tsd~ uo~pe,~dop¥_ ' c RATE INFORMATION (1) Lowest classified rate paid by commercial users for cam- $. parable space. (Line) ~) ~a×~mum rate a~owed by ~aw for the above matter. (Line) (3) Rate actually charged for the above matter. $_ ~, (Line) ORDINANCE NO. 87-14 AN ORDINANCE ESTABLISHING AN ON SALE BOWLING CENTER LICENSE AND AMENDING THE CITY CODE TO ACCURATELY REFER TO CHAPTER 340A OF MINNESOTA STATUTES The City Council of the City of New Hope ordains: Section 1. Sections 10.034 "On Sale Restaurant", 10.035 "On Sale Tavern", 10.036 "On Sale Wine Licenses", 10.037 "Original Package", 10.038 "Restaurant", 10.039 "Sell", 10.040 "Sunday Liquor Sales, Special License", and 10.041 "Wine" of the New Hope City Code is hereby renumbered to read as follows: 10.035 On Sale Restaurant 10.036 On Sale Tavern 10.037 On Sale Wine Licenses 10.038 Original Package 10.039 Restaurant 10.040 Sell 10.041 Sunday Liquor Sales, Special License 10.042 Wine Section 2. Section 10.034 "On Sale, Bowling Center" of the New Hope City Code is hereby amended to read as follows: 10.034 On Sale, Bowling Center. Sale of liquor by the glass or by the drink in a bowling center deriving at least 50% of its gross sales from bowling, having a minimum of 24 bowling lanes with appropriate facilities and seating capacity to serve meals for not less than 50 people as defined in § 10.038(1)(c) of this Code. Section 3. Section 10.041 "Sunday Liquor Sales, Special License" of the New Hope City Code is hereby amended to read as follows: 10.041 ~unday Liquor Sales, Special License. "Special License for Sunday Sales": A license for sale of liquor by the glass or drink by a hotel, restaurant, bowling center or club between the hours of 12 o'clock noon and 12 o'clock midnight on Sundays, in conjunction with the serving of food. Section 4. Section 10.038(2) "Restaurant, Class Two" of the New Hope City Code is hereby repealed in its entirety and Section 10.038(3) "Restaurant, Wine Licenses" of the New Hope City Code is hereby renumbered to Section 10.038(2). Section 5. Section 10.414(2) "On Sale Restaurant, Class Two" of the New Hope City Code is hereby amended to read as follows: (2) On Sale, Res%a~a~%? S~&~s ~w~ Bowling Center. Section 6. 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". Special license for Sunday sales shall be issued only to establishments holding an On Sale license meeting the definitional requirements of sections 10.038 and 10.034 of this Code. The Sunday license shall be effective only if food is served in conjunction with the service of alcoholic beverages. Section 7. Section 10.420 "On Sale Bowling Center Licenses" of the New Hope City Code is hereby added to read as follows: 10.420 On Sale Bowling Center Licenses. On sale, bowling center licenses shall be issued only t__qo those bowling centers meeting the definitional requirements of § 10.034 of this Code. Section 8. Section 10.45 "Renewal Applications" of the new Hope City Code is hereby amended to read as follows: 10.45 Renewal Applications. All on-sale and off-sale liquor licenses shall expire yearly on the last day in December. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license and shall be made in such abbreviated form as the City Council may approve. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the City Council may, if the other provisions of this chapter are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on sale" license, and in any event prior to the time that the application is approved by the City Council, the applicant shall file with the City Clerk a statement made by a certified public accountant that shows the total gross sales, a~ the total food sales, and in the case of a bowling center the total sales from its bowling operation ~ %he fes%a~fa~% for the twelve- month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current Certificate of Authority. Section 9. Section 10.528 "Principal Business" of the new Hope City Code is hereby amended to read as follows: 10.528 Principal Business. A restaurant shall be conducted in such a manner that a principal part of the business for a license is the serving of foods. A hotel shall be conducted in such a manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of foods. Provided, however, that a bowling center a~ey which qualified for a license as a ~es%a~a~ under Subsection 10.034 shall have as a ~%s principal part of its business for the year the operation of the bowling lanes. Section 10. Section 10.529 "Sunday Liquor and Food" of the New Hope City Code is hereby amended to read as follows: 10.529 Sunday Liquor and Food. No "Special License for Sunday Liquor Sales" licensee shall serve liquor on Sunday except in conjunction with the serving of food. o~ Section 11. 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 a renewal of an On Sale, Restaurant license, the applicant shall submit a statement from a Certified Public Accountant to the City that not more than ~8 50 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 an on sale bowlinq center a S½ass ~wo license must submit a statement from a Certified Public Accountant that 50 percent or more of its gross sales is derived exclusively from the operation of the bowling lanes. a~eoho~e Be~e~agesr The statements required by this section shall also indicate all applicant's total gross sales, alcoholic beverage and food sales. 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 12. Section 10.572 "Approval of Bond or Insurance" of the New Hope City Code is hereby amended to read as follows: 10.572 Approval of Bond or Insurance. The surety bonds or insurance policies required by Subsection 10.571 and 10.575 shall be subject to the approval of the City Council and Cit~ Attorney. Section 13. Section 10.58 "Revocation, Suspension or Civil Fine" 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. §§14.57 to 14.70 ~hap%e~ ~4 and Section 1.43 of this Code. Section 14. Section 10.595 "Prior Record" of the New Hope City Code is hereby amended to read as follows: 10.595 Prior Record. No person shall be issued a license if it appears that he has committed an act which is a willful violation of Minnesota Statutes 340A.401 through 340A.510 ~40~0~ S~&~%e~ ~40~8 ~h~o~h ~40~8~? a~ or Minnesota Statutes 340A.801 ~40~. Section 15. Section 10.596 "Conviction of Crime" of the New Hope City Code is hereby amended to read as follows: 10.596 Conviction of Crime. Any license issued hereunder may be revoked for any violation and conviction of provisions of this chapter or of Chapter 340~ of Minnesota Statutes or for conviction of any crime or misdemeanor involving moral turpitude. The above shall be true regardless of whether such conviction is subject to provisions of Minnesota Statute 609.135. Section 16. Effective Date. This ordinance shall be effective upon its passage and publication. Dated: December 14 , 1987. /Mayor Attest: ~~/~ City Clerk (Published in the New Hope-Golden Valley Post on the 24th day of December , 1987.) NEW HOPE-GOLDEN VALLEY POST """', e.d AFFIDAVIT OF PUBLICATION IINNESOTA ss. ~ HENNEPIN ',Hope City er the ~ less ~rbeing duly sworn, on oath says that he is the ~_'" ' of the newspaper known as the NEW f~r VALLEY POST, serving the CITIES OF NEW HOPE AND GOLDEN VALLEY, and has full knowl- f a hich are stated below: club.:b~twee~ the I~urs Of 12 Der has complied with all of the requirements constituting quaJificatJon as a qualified newspaper, as . esota Statue 331A.02,331A.07, and other applicable laws, as amended. Hepe New license fe~ Sun- a~-On Sale io f sectiorls 10.~38alld cl was cut from the columns of said newspaper, and was printed and published once a week, for ~ting ,19 ~/ , and was thereafter printed and published on every City liters to and including the day of 19 , a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- nd of type usea in the composition and publication of the notice: abcdefghi jklmnopqrstuvwxyz by an w~e~waLwit~n t~ time provid- ~afli~t ~acticable a~rov~ Clerk a ~ shes t~ BY: - [~ the ~ecedtng the L'~all file T I T L E: r~ ~ N~ H~ City C~e ~orn to before me on ~ licen~ is the ~r~ such a mann~ that, ~ ~Y of ~o or deriv~ ~om the Jed rate paid by commercial users for corn $. ~ . (Line) intexicati~g The ~bm'it a s~t&me~t from ~a certified Public Accountant that ~ per- e allowed by law for the above matter. $. cent ~ m~e;~ts :gross ~l~r-iS' d~ived exclu~i~' ~ (Line) *he ~le ~=~ ~alc~olic bever~s.] ~e ~at~~ed charged for the above matter. $. by this ~t~n ~haU al~ indicate aH a~licant's t~ gr~ ~les, (Line) ate~olic ~ver~:'~d f~-,sal~; .The a~cant ~ ~On Sale Te~n Li~n~ S~I al~mit :a stat~menf~di~ing its ~s ~les, f~ ~1~ and'alc~ot~ ~v~age sa ~s bur 'it ~hall not ~ re- qulred to ~t the ~rcenta~ ~ui~ments ~ this ~i~. ~/~ty C~ iS~er~ ~nd~ t0 r~d as foll~: ~ r'~vjl ~, ~ et iase~ae~.. The :~rety b~ds or sUrance ~licies [equired b~-Sub~cti~ 10.~1 and 30.575 shall be ~ City C~e is her~y ~_~ [~t