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2022 Ordinances2022 Ordinance Index ORDINANCE # ADOPTED ORDINANCE 22-01 04/11/2022 Ordinance No. 2022-01, An ordinance amending section 2-60(h) of the (and summary) New Hope City Code related to the administrative fines enforcement program (and summary ordinance for publication purposes) 22-02 04/25/2022 Ordinance No. 2022-02, An ordinance amending sections 4-2 and 11-7 (and summary) of the New Hope City Code related to All -Terrain and Utility Task Vehicles (and summary ordinance for publication purposes) 22-03 04/11/2022 Ordinance No. 2022-03, An ordinance amending sections 1-2, 7-4 and 7- (and summary) 7 of the New Hope City Code related to animal kennels (and summary ordinance for publication purposes) 22-04 05/23/2022 Ordinance No. 2022-04, An ordinance amending section 9-11(b) of the New Hope City Code related to garbage 22-05 09/12/2022 Ordinance No. 22-05, An ordinance amending Section 3-31(e)(1) of the (and summary) New Hope City Code related to rental property registration permit (and summary ordinance for publication purposes) 22-06 09/12/2022 Ordinance No. 22-06, An ordinance amending section 9-17 of the (and summary) New Hope City Code related to deicer bulk storage facility requirements (and summary ordinance for publication purposes) 22-07 09/12/2022 Ordinance No. 22-07, An ordinance amending section 5-7(b)(5) of the (and summary) New Hope City code related to drainage development standards for linear projects (and summary ordinance for publication purposes) 22-08 11/28/2022 Ordinance No 22-08, An ordinance amending chapter 8 of the New (and summary) Hope City Code by adding Section 8-41, regulating tetrahydrocannabinol products, and adoption of Summary Ordinance for publication purposes 22-09 10/10/2022 Ordinance No. 22-9, An ordinance amending New Hope Code Section 2-11 Setting Mayor and Councilmembers' Salaries 22-10 10/24/2022 Ordinance No. 22-10, An ordinance amending section 8-6(d)(14)a of the New Hope City Code related to mobile food units 22-11 22-12 11/28/2022 Ordinance No. 22-12, An ordinance amending electric and gas franchise fees in the New Hope City Code and Fee Schedule 22-13 12/12/2022 Ordinance No. 22-13, An ordinance amending gas franchise ordinance in the New Hope City Code and Summary Ordinance for publication purposes I: \ Index Res&Ord \ 2022 Ordinance Ind ex.docx ORDINANCE NO.22-01 AN ORDINANCE AMENDING SECTION 2-60(h) OF THE NEW HOPE CITY CODE RELATED TO THE ADMINISTRATIVE FINES ENFORCEMENT PROGRAM THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 2-60(h), Recovery of civil penalties and/or abatement actions is hereby amended to repeal the stricken text and add the underlined text as follows: (4) Late fees/charges. a. If after 30 days the fine has not been paid or a hearing requested, a late fee of49 perceT-vtwill be applied, the total bill will be assessed to the property taxes and all city licenses will be revoked. Fees are established by the cit 's fee schedule. For continued violations, the city will correct or abate the violation and assess the charges for doing so onto the property taxes and/or criminal charges may be filed. b. If the same property and property owner are charged with a subsequent violation(s) within a 12-month period for the same, or substantially similar offense, the offense will be considered a repeat violation and fined accordingly, er the ci 's fee schedule. tal fin,�...;-r� � : ,a by , 9Q-p sett Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 1 Ith day of April, 2022. Kathi 14enken, Mayor ATTEST: GG � Valerie Leone, City Clerk P:\Attomey\SAS\l Client Files\2 City of New Hope\99-82201 Administrative fines\Ordinance 22-01 - Section 2-60(h).docx AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ] ss COUNTY OF HENNEPIN Karen Nelson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 04/21/2022 and the last insertion being on 04/21/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: �s �j rz Designated Agent Subscribed and sworn to or affirmed before me on 04/21/2022 by Karen Nelson. Notary Public 'uer�mror+seiwv-a.tvr�svra uy �:ry„ayssaFs:s�w:. CARLENE MARIE MACPF w NOTARY fsi181"C - C4T ME ' Commis W EXOM Jan M4 Rate Information: (1) Lowest classified rate paid by commercial users )for comparable space: $46.90 per column inch Ad ID 1221463 CITY OF NEW HOPE SUMMARY OF ORDINANCE NO. 22-01 AN ORDINANCE AMENDING §2-60(h) OF THE NEW HOPE CITY CODE — ADMINISTRATIVE FINES ENFORCEMENT PROGRAM Ordinance No. 22-01 amends Section 2-60(h) to make reference to the city's Fee Schedule. The full version of Ordinance No. 22-01 is posted at www. newhopemn.aov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was ad- opted by the New Hope City Coun- cil on April 11, 2022, and shall be- come effective upon publication. Valerie Leone City Clerk Published in the Sun Post April21, 2022 1221463 ORDINANCE NO.22-02 AN ORDINANCE AMENDING SECTIONS 4-2 AND 11-7 OF THE NEW HOPE CITY CODE RELATED TO ALL -TERRAIN AND UTILITY TASK VEHICLES THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-2 (b) Definitions, is hereby amended to add the underlined text as follows: All -terrain vehicle (ATV) means a motorized vehicle with not less thaii three, but not more than six low pressure or non -pneumatic tires, a total dry weight of 2,000 pounds or less; and a total width from outside of tire rim to outside of tire rim that is 65 inches or less. An ATV is sometimes referred to as a four -wheeler or quad. This definition includes both Class 1 and Class 2 all -terrain vehicles. All -terrain vehicle Class 1: An all -terrain vehicle that has a total width from outside of tire rim to outside of tire rim that is 50 inches or less. All -terrain vehicle, Class 2: An all -terrain vehicle that has a total width from outside of tire rim to outside of tire rim that is greater than 50 inches but not more than 65 inches. Utility task vehicle (UTV) A UTV is a side -by -side, four-wheel drive, off -road vehicle that has four wheels is propelled by an internal combustion engine with a piston displacement cilpacity of 1,200 cubic centimeters or less and has a total dKy weight of 1,800 but less than 2,600 pounds, and typically has some sort of roof structure. Section 2. Section 11-7 Regulation of go-karts, snowmobiles and minibikes, is hereby amended to repeal the stricken text and add the underlined text as follows: Sec. 11-7. Regulation of go-karts, snowmobiles,-and-minibikes. all -terrain vehicles and utili task vehicles.. (a) Intent. It is the intent of this section to supplement the laws of the State of Minnesota, chapters 168 through 171, Minnesota Statutes, with respect to the operation of certain motor vehicles commonly called go-karts, minibikes, snowmobiles, all -terrain vehicles and utility task vehicles- This section is not intended to allow what the state statutes prohibit nor to prohibit what the state statutes expressly allow. (b) Operation on city streets or highways. (1) On roadway. No persons shall operate a snowmobile, minibikei-orgo-kart, all -terrain vehicles or utility task vehicle upon a roadway, boulevard or inside bank or slope of any city street or highway, except as provided in this section, or unless licensed by the state to travel on roads and streets. (c) Unlawful operations. It shall be unlawful for any person to drive or operate any snowmobile, go-karti-of minibike, all -terrain vehicle or utility task vehicle: in the following unsafe or harassing ways: (1) 25 mile per hour speed limit. In excess of 25 miles per hour on public land; (2) Reasonable speed limit. At a rate of speed greater than reasonable or proper under all the surrounding circumstances; (3) Careless, reckless, negligent manner. In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto; (4) Under the influence. While under the influence of intoxicating liquor or narcotics or habit-forming drugs; (5) Headlight and taillight. Without a lighted head and taillight when required for safety; (6) Tree nursery. In any planting or tree nursery in a manner which damages or destroys growing stock; or (7) Noisy manner. In a noisy manner contrary to the equipment -muffler provisions below. (d) Other unlawful acts. (1) Operation. It shall be unlawful for any person to operate a snowmobile, go -kart, -of minibike, all -terrain vehicle or utility task vehicle: a. Private property. On private property of another without permission of the owner of said property; or b. Public property. On publicly owned land, including school, park property, playgrounds and recreational areas, except where permitted by subsection (d)(3) of this section; c. Interference with peace and quiet. In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. d. Hours of operation. Within the city between the hours of one-half hour after sunset to one-half hour before sunrise. (3) Exception. Notwithstanding the provisions of (d)(1), a and b of this subsection, the director of parks and recreation shall have authority to supervise and regulate events or programs in connection with events conducted by the New Hope Park and Recreation Department in which snowmobiles, go-karts,, minibikes, all -terrain vehicles or utility task vehicles are used. The city council shall, from time to time by resolution, designate city park areas deemed available for such use. (f) Equipment. (1) Mufflers. All go-karts, minibikes,-atesnowmobiles., all -terrain vehicles „and utility vehicles shall be equipped with standard mufflers which are properly attached and which reduce the noise of operation of the vehicle to a noise level which shall not be a disturbance to residences of the area of operation and no person shall use a muffler cut- out, bypass, or similar device on said vehicles. 2 (2) Brakes. All go-karts, minibikes,-atesnowmobiles, all -terrain vehicles and utility task vehicles shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicles in a manner equivalent to an automobile, in addition to any standards prescribed in subsection 11-7(b)(3) of this section. All brakes shall be maintained in a good working condition. Section 3. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 25th day of April, 2022. Kathi H ken, Mayor ATTEST: Valerie Leone, City Clerk PAAttoaney\SAS\1 Client Files\2 City of New Hope\99-82202 ATV's\Ordinance 22-02 - ATV's.docx SUMMARY OF ORDINANCE NO.22-02 AN ORDINANCE AMENDING SECTIONS 4-2 AND 11-7 OF THE NEW HOPE CITY CODE RELATED TO ALL -TERRAIN AND UTILITY TASK VEHICLES Ordinance No. 22-02 amends Sections 4-2 and 11-7 of the New Hope City Code to add all -terrain vehicles and utility task vehicles to the list of vehicles which includes go-karts, snowmobiles and minibikes to be regulated as follows: (1) prohibit their operation on city streets or highways; (2) prohibit unlawful operations of the vehicles in unsafe or harassing ways; (3) prohibit other listed unlawful acts involving the vehicular usage; and (4) require properly maintained mufflers and brakes on the vehicles, among other revisions. The full version of Ordinance No. 22-02 is posted at www.newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was adopted by the New Hope City Council on April 25, 2022, and shall become effective upon publication. Valerie Leone City Clerk (published in the New Hope — Golden Valley Sun Post on May 5, 2022) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Karen Nelson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of. HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 05/05/2022 and the last insertion being on 05/05/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is Iocated in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: J S (YA Designated Agent Subscribed and sworn to or affirmed before me on 05/05/2022 by Karen Nelson. Notary Public arwerYt«wo*��r',rwe�'vrossrsQ+vr�t.uxrokr.�-aw�,ra�ovcaas•a DAHLENE WIE MACPH RSM NOTARY KIBUC - MINNESOTA My OMMi;sibn lbPk W Jan 81, 20124 Rate Information: ,(1) Lowest classified rate paid by commercial users for comparable spare. $46.90 per column inch Ad ID 1225678 CITY OF NEW HOPE SUMMARY OF ORDINANCE NO.22-02 AN ORDINANCE AMENDING SECTIONS 4-2 AND 11-7 OF THE NEW HOPE CITY CODE RELATED TO ALL -TERRAIN AND UTILITY TASK VEHICLES Ordinance No. 22-02 amends Sections 4-2 and 11-7 of the New Hope City Code to add all -terrain vehicles and utility task vehicles to the list of vehicles which includes go-karts, snowmobiles and mini - bikes to be regulated as follows: (1) prohibit their operation on city streets or highways; (2) prohibit unlawful operations of the vehicles in unsafe or harassing ways; (3) prohibit other listed unlawful acts involving the vehicular usage; and (4) require properly maintained muf- flers and brakes on the vehicles, among other revisions. The full version of Ordinance No. 22-02 is posted at www. newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was ad- opted by the New Hope City Coun- cil on April 25, 2022, and shall be- come effective upon publication. Valerie Leone City Clerk Published in the Sun Post May 5, 2022 1225678 ORDINANCE NO.22-03 AN ORDINANCE AMENDING SECTIONS 1-2, 7-4 & 7-7 OF THE NEW HOPE CITY CODE RELATED TO ANIMAL KENNELS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 1-2, Definitions is hereby amended to repeal the stricken text and add the underlined text as follows: K-ennel mean6 an!,' m e four ei- more dogs 4hsefagearekepteFaff4e ferule. Animal kennel or animal day care means any place where four or more animals including but not limited to dos cats or anX combination thereof, over six months of a e are boarded for any length of__time, bred and/or offered for sale, except a veterinary clinic. Section 2. Section 7-4, Animal kennels, animal day care is hereby amended to repeal the stricken text and add the underlined text as follows: (a) License required. No person shall maintain or operate any animal kennel or animal day care facility for dogs, cats or combination of both without a license. In no event shall a mned " No such operation shall take place in a zoning district for which it is not a][owed as a permitted or conditional use. Section 3. Section 7-7, Exempt animals is hereby amended to repeal the stricken text and add the underlined text as follows: The provisions of this Code shall not apply to the following circumstances: (2) Licensed veterinarians clinics. tmat' al or elinie (3) Pet stores_ -la . (4) Research laboratories lawfully leeated-in the industpi ,' zanint-d-istrietkeeping and maintaining animals for research purposes on condition that all appropriate federal, state and local licenses and permits to conduct said research have been obtained, all federal, state and local regulations governing the keeping and maintenance of said animals are complied with and that the animals are maintained in a totally enclosed facility constructed to comply with the noise regulations of this Code. Section 4. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 1 lth day of April, 2022. Kathi Hcr4kpn, Mayo ATTEST: Valerie Leone, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Karen Nelson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of- HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 04/21/2022 and the last insertion being on 04/21/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper, complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By:CKYA '1 C�.t�v�._. i OO Designated Agent Subscribed and sworn to or affirmed before me on 04/21/2022 by Karen Nelson. Notary Public �v¢�rrw.�a-a+e�yau�smtraa�'awrarwsz.wxs-� DARLENE MME MACPHERSON NOTARY PMC {Y1INNESOTA MyCommission Etter Jan 31, 2M Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 1221467 CITY OF NEW HOPE SUMMARY OF ORDINANCE NO.22-03 AN ORDINANCE AMENDING §1-2, 7-4 and 7-7 OF THE NEW HOPE CITY CODE RELATED TO ANIMAL KENNELS Ordinance No. 22-03 amends Sections 1-2, 7-4 and 7-7 related to animal kennels. The changes pro- vide consistent language through- out the various code sections. The full version of Ordinance No. 22-03 is posted at w newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was ad- opted by the New Hope City Coun- cil on April 11, 2022, and shall be- come effective upon publication. Valerie Leone City Clerk Published in the Sun Post ApH121, 2022 1221467 ORDINANCE NO.22-04 AN ORDINANCE AMENDING SECTION 9-11(b) OF THE NEW HOPE CITY CODE RELATED TO GARBAGE THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 9-11(b)(1), Collection and disposal of waste is hereby amended to add the underlined text as follows: (1) Collection and disposal at least once per week. In residential areas, all garbage shall be collected and disposed of at least once every week by a hauler duly licensed by the city. Collection day for 42nd Avenue and all areas south thereof shall be Tuesda . Collection day for all areas north of 42°d Avenue shall be Wednesday. The collector shall not call for waste at the residence of any person as defined herein before the hours of 6:00 a.m. or after 6:00 p.m. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 23rd day of May, 2022. Kathi emken, Mayot ATTEST: Valerie Leone, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) 3S COUNTY OF HENNEPIN ',aren Nelson being duly sworn on an oath, .Mates or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SP Robb/Crystal/NewHope/Go1dV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 06/02/2022 and the last insertion being on 06/02/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper, complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's nown office of issue is located in a county .ljoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: l _ ��- Designated Agent Subscribed and sworn to or affirmed before me on 06/02/2022 by Karen Nelson. Notary Public W RLENE MARIE MACPHERSON OTARY PUBLIC - MINNESOTA Commissbtl Exph'es Jan 31, 2024 Rate Information: )Lowest classified rate paid by commercial users _.,f comparable space: ' $46.90 per column inch Ad ID 1232749 CITY OF NEW HOPE ORDINANCE NO. 22-04 AN ORDINANCE AMENDING SECTION 9-11(B) OF THE NEW HOPE CITY CODE RELATED TO GARBAGE THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 9-11(b)(1), Collection and disposal of waste is hereby amended to add the under- lined text as follows: (1) Collection and disposal at least once per week. In residential areas, all garbage shall be collected and disposed of at least once every week by a hauler duly licensed by the city. Collection day for 42nd heftpiabefore the hours of 6700 a.m. or after 6:00 p.m. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 23rd day of May, 2022. Kathi Hemken, Mayor ATTEST: Valerie Leohe, City Clerk Published in the Sun Post June 2, 2022 1232749 ORDINANCE NO.22-05 AN ORDINANCE AMENDING SECTION 3-31(e)(1) OF THE NEW HOPE CITY CODE RELATED TO RENTAL PROPERTY REGISTRATION PERMIT THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 3-31(e)(1) Rental property registration permit — Registration permit is hereby amended to add the underlined text as follows: (e)Registration permit. (1) Required. No person shall operate, let or cause to be let a rental dwelling unit which has not been properly registered by the city in the manner required by this Code. A registration permit must be obtained for each separate dwelling unit that is not owner -occupied. This includes all dwelling units which are occupied by a relative of the owner. Properties renting individual rooms/levels within the same dwelling unit shall require only a single permit upon receipt of the properly executed initial application for a rental registration permit. The building official may cause an inspection to be made of the rental dwelling unit(s) to determine whether it is in compliance with this section, other sections of this Code or the laws of the State of Minnesota. Every rental dwelling unit may be reinspected on a regular basis as determined by the city after a renewal application is filed to determine if it still conforms to all applicable codes and laws. If a registration permit has been revoked pursuant to this Code, the owner is barred from applying for a new registration permit for any prolaerty in the city for up to 3 years and the owner may not have an ownership interest in any other entity that attempts to apply for another rental registration permit For any propertyin the city for up to 3 years. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 121h day of September, 2022. Kathi Hemken, Mayor ATTEST: 9Xtz- c'��_ Valerie Leone, City Clerk. SUMMARY OF ORDINANCE NO.22-05 AN ORDINANCE AMENDING SECTION 3-31(e)(1) OF THE NEW HOPE CITY CODE RELATED TO RENTAL PROPERTY REGISTRATION PERMIT Ordinance No. 22-05 amends Section 3-31 of the New Hope City Code to add language prohibiting a new application for up to 3 years if a rental registration has been revoked. The full version of Ordinance No. 22-05 is posted at www.newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was adopted by the New Hope City Council on September 12, 2022, and shall become effective upon publication. Valerie Leone City Clerk (published in the New Hope — Golden Valley Sun Post on September 22, 2022) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN 'Debbie Schwalba being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting` qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 09/22/2022 and the last insertion being on 09/22/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper, complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on 09/22/2022 by Debbie Schwalba. tn r\ �" 6=�� , Notary Public mYY+db1i W 1�yv1Vi V WlM1/WyhnM1MKrb ' DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My COMMMIon Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch CITY OF NEW HOPE SUMMARY OF ORDINANCE NO.22-05 AN ORDINANCE AMENDING SECTION 3-31(E)(L) OF THE NEW HOPE CITY CODE RELATED TO RENTAL PROPERTY REGISTRATION PERMIT Ordinance No. 22-05 amends Section 3-31 of the New Hope City Code to add language prohibiting a new application for up to 3 years if a rental registration has been re- voked. The full version of Ordinance No. 22-05 is posted at www. newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was ad- opted by the New Hope City Coun- cil on September 12, 2022, and shall become effective upon pub- lication. Valerie Leone City Clerk Published in the Sun Post September 22, 2022 1258465 Ad ID 1258465 ORDINANCE NO.22-06 AN ORDINANCE AMENDING SECTION 9-17 OF THE NEW HOPE CITY CODE RELATED TO DEICER BULK STORAGE FACILITY REQUIREMENTS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 9-17, Snow, ice, and rubbish removal is hereby amended to add the underlined text as follows: (d) Deicer Salt Storgge l equireiiients. The following sections apply to all indoor and outdoor bulk deicer storage facilities (temporary and ennanent including salt piles, salt bag storage, sand piles and other storage of deicing materials. Bulk storage, as regulated by this chapter, is defined as storage of any material used for deicing and/or traction during winter conditions that is more than five tons in solid form or 1,000gallons in liquid form. 1)General Riguiren2ents. a. Indoor operations for the storage o_f deicing inatErials must be provided wherever possible in order to prevent such materials from being affected b rain, snow and melt water. b. All salt sand and other deicing materials stored outdoors must be covered at all times. When not using a ennanent roof, a watt roof impermeable, flexible cover must be placed over all storage piles to protect against precipitation and surface water runoff), The cover must Drevent runoff and leachate From bein pnerated by the outdoor store re piles. The cover must be secured to prevent removal by wind or other storm events. Piles must be formed in a conical shape and covered as necessary to.prevent leachin . Any roof leaks tears or dama 7c should be temporarily repaired during winter to reduce the entrance of precipitation. Pertnaneiit re airs must be cam leted prior to the next winter season. (2). Facility Siting a. The facility must be in close proximity to the area in which the deicing materials are to be used if practical. b. A facility must be located on impermeable surfaces. c. The prWerty slope must be away from the facility's salt deicer, and sand Storage area. (3). Snow Piles. All snow piles must 6e located downslol2e from salt and deicer stora e areas to prevent the snow melt from flowing through storage areas and carrying material to the nearest drainage system or waterway. (4). Transfer of Materials. Practices must be implemented in order to reduce exposure (e.gsweeping, diversions, and/or containment) when transferring salt or other deicing material. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 12th day of September, 2022. C Kathi He ken, Mayor ATTEST: Valerie Leone, City Clerk SUMMARY OF ORDINANCE NO.22-06 AN ORDINANCE AMENDING SECTION 9-17 OF THE NEW HOPE CITY CODE RELATED TO DEICER BULK STORAGE FACILITY REQUIREMENTS Ordinance No. 22-06 amends Section 9-17 of the New Hope City Code to add deicer salt storage requirements to the Snow, ice and rubbish removal section. The full version of Ordinance No. 22-06 is posted at www.newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was adopted by the New Hope City Council on September 12, 2022, and shall become effective upon publication. Valerie Leone City Clerk (published in the New Hope — Golden Valley Sun Post on —Sept. 22^ , 2022) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ss COUNTY OF HENNEPIN Debbie Schwalba being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/Go1dV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 09/22/2022 and the last insertion being on 09/22/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in; §580.033, subd. 1; clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises 'described in the notice are located, a substantial portion of the newspaper's y. ' circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on 09/22/2022 by Debbie Schwalba. _0_ru�� 04�� Notary Public u DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA v : • ;� My COmmisslM Expires Jan 31, 2024 f'.� fir' .•H. .r,�..ti Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch CITY OF NEW HOPE SUMMARY OF ORDINANCE NO.22-06 AN ORDINANCE AMENDING SECTION 9-17 OF THE NEW HOPE CITY CODE RELATED TO DEICER BULK STORAGE FACILITY REQUIREMENTS Ordinance No. 22-06 amends Section 9-17 of the New Hope City Code to add deicer salt storage requirements to the Snow, ice and rubbish removal section. The full version of Ordinance No. 22-06 is posted at www. newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was ad- opted by the New Hope City Coun- cil on September 12, 2022, and shall become effective upon pub- lication. Valerie Leone, City Clerk Published in the Sun Post September 22, 2022 1258469 Ad ID 1258469 ORDINANCE NO.22-07 AN ORDINANCE AMENDING SECTION 5-7(b)(5) OF THE NEW HOPE CITY CODE RELATED TO DRAINAGE DEVELOPMENT STANDARDS FOR LINEAR PROJECTS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 5-7(b) Drainage - Development standards - Linear redevelopment projects is hereby amended to repeal the stricken text and add the underlined text as follows: (5) Linear fe"velopment-projectsthat create or reconstruct one acre or more of impervious surface. A-npi-oje..:....nditions (on ., annual . o e basio-of-. qtefmwarte"i-lielargov u� et�r��e�deri rli� • �s.The water guality volume must be calculated as the larger of one 1 inch times the new impervious surface or one-half 0.5 inch times the sum of the new and fully reconstructed im erviotis surface. a. Where the entire water quality volume cannot be treated within the existing right-of- way and the lack of right-of-way precludes the installation of volume control practices that meet the conditions for post-stormwater management in P- ft. li)Permit Item 20.8 of the city's MS4 permit, the permittee shall ensure that a reasonable attempt be made to obtain right-of-way during the project planning process. If additional right- of-way, easements or other ennission cannot be obtained owners of construction activity must maximize the treatment of the water quality volume prior to discharge to downstream waterbodies. b. For linear projects that can meet the water quality volume requirement, the applicant does not need to_provide any further volume control or water quality analysis. c. For linear projects that are unable to meet the water quality volume requirement, the applicant must provide the following: i . Show that a reasonable attempt was made to meet the water duality re Lftenient by providingn a A summa of additional easements that could be acquired ifs ace and right-of-way is limiting the feasibility of constructing BMPs. b A detailed stirnmary of alternatives that were considered. ti0. Maximize the treatment of the water quality volume a At a minimum the project needs to 12rovide BMPs that Provide rate control and limit TSS/TP Loads to existing conditions. bd. Exceptions for s-R)ffi+watw-,dvir ha a,e- quality volume will be made only if undethe Following eir-eumstanees: the owner and/or operator of a construction activity is precluded from infiltrating stormwater through a designed system due to any of the infiltration related limitations described in subsection (b)(2) in this code -,-oil. to !-. e e ioff-een*esj� aii infi I tf-Mi a �r4atv-th e-$t-igiflarl eonq meett e-C�g� !'lwiit7c$Ft—"• n• rsc-!" N49=1 Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 12th day of September, 2022. Kathi Apmken, Mayor ATTEST: Valerie Leone, City Clerk SUMMARY OF ORDINANCE NO.22-07 AN ORDINANCE AMENDING SECTION 5-7(b)(5) OF THE NEW HOPE CITY CODE RELATED TO DRAINAGE DEVELOPMENT STANDARDS FOR LINEAR PROJECTS Ordinance No. 22-07 amends Section 5-7(b)(5) of the New Hope City Code to revise the development standards regarding linear projects that create or reconstruct one acre or more of impervious surface. The water quality standards for such linear projects are revised by this ordinance. The full version of Ordinance No. 22-07 is posted at www.newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was adopted by the New Hope City Council on September 12, 2022, and shall become effective upon publication. Valerie Leone City Clerk (published in the New Hope — Golden Valley Sun Post on Sept. 22 2022) 1 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ,Debbie Schwalba being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of. HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 09/22/2022 and the last insertion being on 09/22/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper, complies with the conditions described in :§580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 09/22/2022 by Debbie Schwalba. Notary Public WYYW/?Mf�'Jti:r+e7�LVtYv°�vVVWpyyyVb' VbbVYJ. . DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch CITY OF NEW HOPE SUMMARY OF ORDINANCE NO.22-07 AN ORDINANCE AMENDING SECTION 5-7(B)(5) OF THE NEW HOPE CITY CODE RELATED TO DRAINAGE DEVELOPMENT STANDARDS FOR LINEAR PROJECTS Ordinance No. 22-07 amends Section 5-7(b)(5) of the New Hope City Code to revise the develop- ment standards regarding linear projects that create or reconstruct one acre or more of impervious sur- face. The water quality standards for such linear projects are revised by this ordinance. The full version of Ordinance No. 22-07 is posted at www. newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was ad- opted by the New Hope City Coun- cil on September 12, 2022, and shall become effective upon pub- lication. Valerie Leone City Cleric Published in the Sun Post September 22, 2022 1258472 Ad ID 1258472 ORDINANCE NO.22-08 AN ORDINANCE AMENDING CHAPTER 8 OF THE NEW HOPE CITY CODE BY ADDING SECTION 8-41, REGULATING TETRAHYDROCANNABINOL PRODUCTS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Chapter 8 of the New Hope City Code is hereby amended to add Section 8- 41, and shall read as follows: Section 1. Chapter 8 of the New Hope City Code is hereby amended to add Section 8-41, and shall read as follows: Sec. 8-41. Tetrahydrocannabinol products (a) Delinifions. 1 Compliance checks. The s stern the city uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this article. Compliance checks may also be conducted by the city_ or other units of overnrnent for educational research and training a oses or for investigatinginvestigatiLig or enforcin r Federal State or local laws and regulations relating to licensed products. 2 Exclusive liquor store. An establishment that meets the definition of exclusive liquor store in Minnesota Statutes, section 340A.101, subdivision 10. 3 Licensed product or THC product. Any product that contains tetrah drocannabinol and that meets the requirements to be sold for human or animal consumption under Minnesota Statutes section 151.72. 4 Movable lace of business. A business which has no permanem physical location or is capable of bein moved or changed, including, but not limited to an business that is operated from a kiosk other transportable structure of shelter, or a motorized or nonmotorized vehicle. 5 Retail establishment. Any place of business where licensed products are available for sale to the general public, including, but not be limited to rrocer stores tobacco products shops, convenience stores asoline service stations bars, and restaurants. 6 Self-service merchandising. Open displays of licensed products in a!!Y manner where an erson has access to the licensed products without the assistance or intervention of the licensee or the licensee's employee. Assistance or intervention means the actual physical exchange of the licensed product between the customer and the licensee or employee. 7 THC. Tetrah drocannabinol. 8 Tobacco products shop. The meaning given in Section 8-7 a 17 . 11Page Vending machine. Any mechanical, electric, or electronic, or other type of device that dispenses licensed_ products upon the insertion of money, tokens, or other form of a went directly into the machine by the erson seeking to purchase the licensed product. (b) License. ( license required. No person shall sell or offer to sell any licensed product without First having obtained a license to do so from the city. (2) Application. An application for a license to sell licensed products shall be made on a fori-aprovidedby the city. The applicant must pay a nonrefundable background investigation fee in addition to the license fee. The application must contain the full name of the a licant the applicant's residential and business addresses and telephone numbers the name of the business for which the license is sought, and any additional information the city deems necessary. Upon recei t of a completed application, the city clerk will forward the application to the city council for action at its next regularly scheduled city_ council meeting. If the city_cicrk determines that an application is incomplete, they shall return the application to the applicant with notice of the information necessary to slake the application cotnlete. A business a licant, at the time of a lication shall furnish the city with a list of all_persons that have an interest of five percent or more in the business. The list shall name all owners and show the interest held by each either individually or beneficially for others. It is the duty of each business licensee to notify the city clerk in writing of any change in ownership in the business. Any change in the ownership or control of the business shall be deemed Nu to a transfer of the license and any such license shall be revoked 30 days after any such change in ownership or control unless the licensee has notified the council of the change in ownership by submitting a new license apl2lication for the new owners and the council has approved the transfer of the license by appropriate action. Any time an additional investigation is required because of a change in ownership or control of a business, the licensee shall pay an additional investigation fee to be determined by the cit . The city_ may at any reasonable time examine the transfer records and minute books of any business licensee to verify and identify the owners, and the cif MAy examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The council may revoke any license issued upon its determination that a change of ownership of a licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the council on notice to the licensee. (3)- Action. The city council may either approve or deny the application for a license or it may delay action for a reasonable period of time as necessary to coml2lote any investigation of the application or the applicant it deems necessary. If the city council approves the license the city clerk shall issue the license to the applicant. If the city council_denies the license, notice of the 2 1 P a g c denial shall be given to the applicant along with notice of the apl2licanfs right to apl2eal the city council's decision. If a license application is denied the earliest an a licant may reapply is 12 months from the date the license is denied. 4 Tenn. All licenses issued under this article shall be valid for one calendar year from the date of issue. S Revocation or suspension. &y license issued under this article mfty be revoked or suspended as provided in this section. 6 Transfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person or business to whom the license was issued. The transfer of any license to another location, business or person is prohibited. 7 Display. All licenses shall be posted and dis la ed in plain view of the general public on the licensed premises. 8 Renewals. The renewal of a license issued under this article shall be handled in the same manner as the original application. The reguest for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. 9 Issuance as privilege and not a right. The issuance of a license issued under this section is a privilege and does not entitle the license holder to automatic renewal of the license. 10 Minimum clerk age. Individuals employed by a licensed retail establishment under this ordinance must be at least 1$ years of age to sell licensed products. l 1 Maximum number of licenses. The maximum number of licenses issued by the cityat t any time is limited to 20. When the maximum number of licenses has been issued the city ma place persons seeking, licensure on a waiting list and allow theirs to apply on a first -come, first -served basis, as licenses are not renewed or are revoked. A new a licant who has purchased a business location holdinga valid city license will be entitled to first prioritL provided the new applicant meets all other application req ui rements in accordance with this ordinance. c Fees. No license shall be issued under this section until the appropriate license fee is aid in fill. The fee for a license tinder this section shall be established by the ci council and adopted in the city fee schedule and mqy be amended from time to time. (0 Ineligibility and Basis Lor Denial of License. filIneligibility_. a. Movable Rlace of business. No license shall be issued to a movable 121ace of business. Only fixed location businesses shall be eligible to be licensed under this section. 3 1 P a g e b. Exclusive liquor store. No license shall be issued to an exclusive li nor store as defined in Minnesota Statutes section 340A.101 subdivision 10. c. City location required. A person who does not have, or at the time of the issuance of the license does not plan to have, at least one permanent physical remises in the city at which the licensed business will be located. Q Grounds for Denial. Grounds for denying the issuance or renewal of a license under this section include but are not limited to the followin : a. The applicant is under the age of 21 years. b. The applicant is prohibited by Federal State or other local law, ordinance or other regulation from holding a license. c. The applicant has been convicted within the past five years for any violation of a Federal State or local law other ordinanceprovision. or other regulation relating, to the licensed products, but not including, Possession or sale of licensed products. d. The applicant has had a license to sell licensed products suspended or revoked during the 12 months preceding the date of application, or the applicant has or had an interest in another premises authorized to sell licensed products, whether in the city or in another iurisdiction that has had a license to sell licensed products suspended or revoked during the same time period, provided the applicant had an interest in the premises at the time of the revocation or suspension, or at the time of the violation that led to the revocation or suspension. e. The applicant is a business that does not have an operating officer or manage who is eligibie pursuant to the provisions of this section_ f. The applicant is the spouse of a person ineligible for a license pursuant to this section or who in the judgement of the council is not the real party in interest or beneficial owner of the business to be operated, under the license. g. The applicant fails to Rrovide any information re aired on the application or provides false or misleading information. Any false statement on an application, or any willful omission of any information called for on such application form, shall cause an automatic refusal of license, or if already issued shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this section or an part thereof. 3 The city shall conduct a background investigation on all new applications and applications to transfer a license. The city may conduct a back round and financial check on an application for a renewal of a license if it is in the public interest to do so. If a license is mistakenly issued or renewed to a person, it shall be revoked Upon the discovery that the person was ineligible for the license under this section and the city shall provide the person with a notice of revocation along with information on the right to appeal. 4 1 P a g c 4 No license shall be ranted or renewed for ol2cration on aLly premises on which real estate taxes assessments or other financial claims of the city or of the State are due delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minn. Stats. Ch. 278 questioning the amount or validity of taxes, the council may, on application by the licensee waive strict com liance with this provision,• no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid fora 12criod exceeding one year after becoming due unless such one-year period is extended through no fault of the licensee. e Prohibited Acls. 1 In general. No person shall sell or offer to sell any licensed roducts a. By means of any type of vending machine or by means of delivery. b. By means of self-service merchandising. c. By any other means to any other person, on in any other manner or fonn. prohibited by state or other local law, ordinance provision, or other regulation. (2) Legal Age. No person shall sell any_licensed product to any person under the age of 21. a. Age verification. Licensees shall verify by means of , ovemment issued photo"a hic identification that the purchaser is at least 21 years of age. Verification is not required fora person over the age of 30. That the person appeared to be 30 years of We or older does not constitute a defense to a violation of this subsection. b. Si na e. Notice of the legal sales are and age verification requirement must be posted prominently and in plain view at all times at each location where licensed products are offered for sale. The required si na a which will be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. 3 Samples Prohibited. No person shall distribute samples of any licensed product free of char =e or at a nominal cost. fl Stora e. All licensed products shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left Men and accessible to the general public. Responsibility. All licensees are responsible for the actions of their employees in regard to the sale offer to sell and furnishing of licensed products on the licensed remises. The sale offer to sell or furnishing of any licensed product by an employee shall be considered an act of the licensee. Nothing in this section shall be constr«ed as Prohibiting the city from also subjecting the em to ee to any civil penalties that the city deems to be appropriate under this ordinance state or federal law, or other applicable law or regulation. 5 1 P a g e h Cam lia►tce checks and inspections. All premises licensed under this subdivision slialI be open to inspection by the city during; regular business hours. From time to time but at least once per year, the city shall conduct compliance checks. No person used in compliance checks shall attempt to use a false identification misrepresenting their ape. All persons lawfully engaged in a compliance check shall answer all questions about their age asked by the licensee or their employee, and produce any identification, if any exists, for which they are asked. Persons used for the purpose of compliance checks shall be supervised by law enforcement or other designated personnel. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research or trainin u oses or required for the enforcement of a particular State or Federal law. Additionally, from time to time the city will conduct inspections to determine compliance with any or all other aspects of this ordinance. (i) Violations and penalties. (1) Violations. a. Notice._A person violating this ordinance may be issued, either personally or by mail, a citation from the city that sets forth the alleged violation and that informs the alleged violator of his or her right to a hearing on the matter and how and where a hearing mqy be requested. including a contact address and phone number. b. Hearings. 1. Upon issuance of a citation a person accused of violating -this ordinance ma r uest in writing, a hearing on the matter. Hearing re nests must be made within 10 business days of the issuance of the citation and delivered to the city clerk or other designatcd city officer. Failure to properly request a bearing within 10 business days of the issuance of the citation will terminate the person's right ta_a hearing. 2. The city clerk or other designated city officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least 10 business days prior to the hearing. c. Hearing officer. The city council will designate a hearing officer. The hearing officer will be an impartial employee of the city, or an impartial person retained by the city to conduct the hearing, d. Decision. A decision will be issued by the hearing officer within 10 business days of the hearing. If the hearing officer determines that a violation of this ordinance did occw' that decision along with the hearing officer's reasons for finding a violation and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the city and the accused violator by in- erson delivM or mail as soon as practicable. If the hearing officer 6 1 P a g c finds that no violation occurred or finds _rounds for not imposing any penalty, those findings will be recorded and a copy will be p rovided to the city and the acquitted accused violator by in -person deliveKy or mail as soon as practicable. The decision of the hearing officer is final subject to an appeal as described in subsection (i)(1)(f) of this section. e. Costs. If the citation is upheld by the hearing officer, the city's actual ex enses in o ing the licaring up to a maximum of$1 000 must be paid b the person requesting the hearing f. Appeals. Appeals of any decision made by the hearing officer must be filed in Hennepin County district court within 10 business days of the date of the decision. g. Continued violation. Each violation, and every day in which a violation occurs or continues shall colist itute a separate offense. h. Revocation. The city council has the autbority to revoke atly license as set out in section 8-2 of this Code notwithstanding the provisions of this section regardiiig violations. 2 Administrative civil penalties. a. Licensees. If a licensee or an employee of a Iicensee is found to have violated this ordinance the licensee shall be subject to the administrative sanctions described in the following matrix. In all cases the council shall select which days a suspension will be served, Other mandatory requirements may be imposed on the licensee including, but not limited to meetings with the police department to present a plan of action to assure that problems will not continue mandatoEy education sessions involving all employees and employers with the police department or other actions that the city council deems !Ippropriate. On a first and second violation, the licensee may elect training in proper identification procedures in lieu of the license sus ension. The license suspension and training requirements shall be =overned by and are subject to the conditions set out in subsection i 2 of this section. Fine and License Suspension Pt Violation 2nd Violation (within 3'3 Violation (within 4"' Violation (within 36 months) 36 months) 36 months) $300.00 plus 3 days $750 plus 15 days $1,500 plus 30 days Revocation suspension suspension suspension b. Training in lieu o 'sirs tension. After the first and second violation within a 36-month period, a licensee may request training from the New Hope Police Department in proper identification procedures. Said trainin r shall be at the expense of the licensee, shall be in lieu of the entire three-day license 7 1 P a g c suspension for a first violation and ten of the 15-daylicense suspension for the second violation required by subsection i 2 a. of this section and shall be conducted per the following -conditions: 1. Training for all employees of a licensee must be completed within two training essions at the discretion of the New Hope Police Department. 2. If more than one licensee is requesting the training, the New Hope Police De artment retains control in deciding, how many training sessions are necessa to accommodate the number of em io ees taking the training. 3. It shall be the responsibility of the licensee to make certain that all employees successfully cam lete the required trainin . Failure to do so means the licensee has failed to meet the "training in lieu of suspension" requirement of the administrative penalty and will be subject to the entire license suspension. 4. The licensee shall pay for all of the following costs for the trainin supplies and materials any facility costs, the personnel expenses for the trainer all administrative costs of the trainin = and any other costs staff deems necessag to conduct the training. Payment for the training must be made to the city clerk prior to the commencement of the training. Failure to make the pavment will result in the cancellation of the training and the immediate imposition of the appropriate license suspension. 3 Other individuals. Individuals other than persons under the age of 21 regulated by subsection i. 4 of this section who are found to be in violation of this ordinance will be subject to an administrative penalty of $50.00. 4 Persons under the are of 21. Persons under the age of 21 who use a false identification to purchase or atteml2t to purchase licensed products Mgy only be subject to non -criminal non -monetary civil penalties such as tobacco -related education classes diversion programs, community services or another Renalty that the city determines to be appropriate. The city council will consult with court personnel, educatorsparents, children and other interested parties to detennine an appTOprilte penalty for persons under the a e of 21 in the city. The penalty ingy be established by ordinance and amended from time to time. 5 Misdemeanor prosecution. Nothing in this section prohibits the city fi-om seeking prosecution as a misdemeanor for any alleged violation of this ordinance by a person 21 years of age or older. SeverabilitE. If any section or rovision of this section is held invalid such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. (k) Etectiue Date. This ordinance becomes effective upon_ passage and publication. 8 1 P a g c APPROVED by the city council this 28th day of November, 2022. - ie_ rr� Kathi emken, Ma ATTEST: 41" r Valerie Leone, City Clerk (summary ordinance published in the New Hope Golden Valley Sun Post on 12/8/22) 91Page SUMMARY OF ORDINANCE NO.22-08 AN ORDINANCE AMENDING CHAPTER 8 OF THE NEW HOPE CITY CODE BY ADDING SECTION 8-41, REGULATING TETRAHYDROCANNABINOL PRODUCTS Ordinance No. 22-08 relates to the licensing guidelines for the sale of tetrahydrocannabinol products in the city of New Hope. The full version of Ordinance No. 22-08 is posted at www.newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was adopted by the New Hope City Council on November 28, 2022, and shall become effective upon publication. Valerie Leone City Clerk (published in the New Hope — Golden Valley Sun Post on December 8, 2022) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Debbie Schwalba being duly sworn on an 'oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of. HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 12/08/2022 and the last insertion being on 12/08/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with- the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on 12/08/2022 by Debbie Schwalba. Notary Public v:wu.�v-r�.�rtfA;xrsr�us.2Hl�b7wi ' DARLENE MARIE MACPHERSON NOTARY PUB1.I13 - MINNESOTA CornmIssim Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $61.35 per column inch Ad ID 1277156 CITY OF NEW HOPE SUMMARY OF ORDINANCE NO.22-08 AN ORDINANCE AMENDING CHAPTER 8 OF THE NEW HOPE CITY CODE BY ADDING SECTION 8-41, REGULATING TETRAHYDRO- CANNABINOL PRODUCTS Ordinance No. 22-08 relates to the licensing guidelines for the sale of tetrahydrocannabinol products in the city of New Hope. The full version of Ordinance No. 22-08 is posted at www.ne- whopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was ad- opted by the New Hope City Coun- cil on November 28, 2022, and shall become effective upon publication. Valerie Leone City Clerk Published in the Sun Post December 8, 2022 1277156 ORDINANCE NO. 22-9 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 2-11 SETTING MAYOR AND COUNCILMEMBERS' SALARIES The City Council of the City of New Hope ordains: Section 1. Section 2-11(a) "Mayor and councilmembers' salaries." of the New Hope City Code is hereby amended to read as follows: (a) Mayor and councilmembers' salaries. The salary of the mayor is hereby established at $564.00532.00 per two -week pay period effective January 20234- and shall increase to $581.0034"0 effective January 20242. The salary of each councilmember is hereby established at $411.00-3.". per two -week pay period effective January 20231 and shall increase to $424.004OGM effective January 20242 These salaries shall remain in place until amended by ordinance per Minn. Stat. §415.11. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 101h day of October, 2022. 7 Kathi Hei ken, Mayor Attest: za�.1- Valerie Leone, City Clerk (Published in the New Hope -Golden Valley Sun -Post the 201h day of October, 2022.) P:WIlomcylSAS\l Client Filc \2 Cily of Nm Hopc\99-82209 -Council Salary Incmwe\Ordinancc 22-9 docx —1— AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Rhonda Herberg being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/Goldv with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 10/20/2022 and the last insertion being on 10/20/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in' §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county )adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter c unty. By: Designated Aget Subscribed and sworn to or affirmed before me on 10/20/2022 by Rhonda Herberg. Notary Public W VVi.J/0t14L'•..'-IYVVYM1gN/r/ygP+' DARLEME MARIE MACPHERSON !; NOTARY PUBLIC NAINNESOTA My Commissbn Exph% Jan 31, 2024 t� Rate Information: (1) Lowest classified rate paid by commercial users for comparable spaca: $61.35 per column inch,' CITY OF NEW HOPE ORDINANCE NO.22-9 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 2-11 SETTING MAYOR AND COUNCILMEMBERS' SALARIES The City Council of the City of New Hope ordains: Section 1. Section 2-11(a) "Mayor and councilmembers' sala- ries."of the New Hope City Code is hereby amended to read as follows: (a) Mayor and councilmembers' salaries. The salary of the mayor is hereby established at $564.00 532.00 per two -week pay period effective January 2023 4 and shall increase to $561.00 543:00 effec- tive January 2024 2 The salary of each councilmember is hereby established at $411.00 389.06 per two -week pay period effective Jan- uary 202. 4 and shall increase to $424.00 400.00 effective January 2024 9 These salaries shall remain in place until amended by ordi- nance per Minn. Stat. §415.11. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 10th day of October, 2022. /a/ Kathi Hemken Kathi Hemken, Mayor Attest: /a/ Valerie Leone Valerie Leone, City Clerk Published in the Sun Post October 20, 2022 1265727 Ad ID 1265727 ORDINANCE NO.22-10 AN ORDINANCE AMENDING SECTION 8-6(d)(14)a OF THE NEW HOPE CITY CODE RELATED TO MOBILE FOOD UNITS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 8-6(d)(14)a Solicitors, peddlers, hawkers, and transient merchants — Form of Registration- is hereby amended to repeal the stricken text and add the underlined text as follows: (14) Mobile food units are required to meet the following additional standards: a.Mobile food units must be licensed by Hennepin County.flie P�4kiftsat Minfwsota Few, f'c$E ,- m"'.ry o-tia Roles par •c sir. �' �; l��lt'-AHE]E� . ; d-straw b, . Evidence of the County state license must be provided to the city as part of the local license application. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 24th day of October, 2022. rmr+� Kathi He en, Mayor ATTEST: 1� Valerie Leone, City Clerk PAAttorney\SAS\1 Client Filesl2 City of New Hope\99-82210 Mobile food units - 8-6(d)(14)a\Ordinance 22-10.docx AFFIDAVIT OF PUBLICATION CITY OF NEW HOPE ORDINANCE NO.22-10 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ebbie Schwalba being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) Once each week, for 1 successive week(s); the first insertion being on 11/03/2022 and the last insertion being on 11/03/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. : §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspapees '•nown office of issue is located in a county djoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on 11/03/2022 by Debbie Schwalba. Notary Public DARLENE MARIE h+MACPHMON NDTARY PUBLIC - AHNIHSSOTA My Comtnlsston FWrljJW M 2W4 'fate Information: ) Lowest classified rate paid by commercial users for comparable space: $61.35 per column inch Ad ID 1269550 AN ORDINANCE AMENDING SECTION 8-6(D)(14)A OF THE NEW HOPE CITY CODE RELATED TO MOBILE FOOD UNITS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 6-6(d)(14) a Solicitors, peddlers, hawkers, and transient merchants — Form of Registration- is hereby amended to repeal the stricken text and add the underlined text as follows: (14) Mobile food units are re- quired to meet the following addi- tional standards: a. Mobile food units must be licensed by Hennepin County. Ev- idence of the County license must be provided to the city as part of the local license application. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 24th day of Octo- ber, 2022. Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk Published in the Sun Post November 3, 2022 1269550 (Published in Sun Post - copy provided to Xcel Energy; ordinance was not codified as new rate schedule is included in Fee Schedule adopted 12-12-22). ORDINANCE NO.2022-12 AN ORDINANCE AMENDING ELECTRIC AND GAS FRANCHISE FEES IN THE NEW HOPE CITY CODE AND FEE SCHEDULE THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. The electric distribution franchise fees authorized in Section 12-20 of the New Hope City Code and the gas distribution franchise fees authorized in Section 12-10 of the New Hope City Code, both of which reference that the franchise fees are set forth in the City of New Hope Fee Schedule are hereby amended as set forth in the 2023 Fee Schedule: Franchise Fees Fee City Code Franchise — Electricity 12-20 Residential $34/month Small Commercial & Industrial —Non -Demand I $67/month Small Commercial & Industrial —Demand $2631/month Large Commercial & Industrial $�5135/month Franchise -Gas 12-10 Residential $34/month Commercial -A ("Com A") $45/month Commercial/Industrial — B ("Com/Ind B") $4-14/month _T Commercial/Industrial — C ("Com/Ind C") $3-847/month Small Volume, Dual Fuel A ("SVDF A") $-7490/month Small Volume, Dual Fuel B ("SVDF B") $83100/month Large Volume, Dual Fuel ("LVDF") $4-64190/month Section 2. Effective Date. This effective date of this Ordinance shall be after its publication and 90 days after the sending of written notice of these amendments has been provided to Xcel Energy and CenterPoint Energy by certified mail as required by the code. Dated the 28`h day of November, 2022. Kathi"en, Mayo Attest: zaec�__ a�r�� Valerie Leone, City Clerk (Published in the New Hope -Golden Valley Sun -Post the 8thday of December 2022.) P:Wttomey\SAS\1 Client Files\2 City of New hope.' .94 81,212 Electric and vas franchise fees\Ordinance amending Electric and Cas Franchise Fees docx AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Debbie Schwalba being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- pers) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 12/08/2022 and the last insertion being on 12/08/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 12/08/2022 by Debbie Schwalba. Notary Public �yaa raesirbcna.eywr+.vls.rvuvycp�ryy� _ ` DARLENE MARIE HERSON NOTARY PUBLIC - MINNESOTA MY Commission EVhas Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $61.35 per column inch Ad ID 1277157 CITY OF NEW HOPE ORDINANCE NO.2022-12 AN ORDINANCE AMENDING ELECTRIC AND GAS FRANCHISE FEES IN THE NEW HOPE CITY CODE AND FEE SCHEDULE THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Sectiun 1. The electric distribution franchise fees authorized in Sec- tion 12-20 of the New Hope City Code and the gas distribution franchise fees authorized in Section 12-10 of the New Hope City Code, both" of which reference that the franchise fees are set forth in the City of New Hope Fee Schedule are hereby amended as set forth in the 2023 Fee Schedule: FranchiscNei i Fee City Code Frattcitise—Eleciricity 12_20 Residential S�hmnllt Small Commercial &' Industrial - 'ion -Demand , Slillmonlh Small Commercial & Industrial —Demand SAIlmonth Large Commercial & ladustrial $i lil3?hofl(h Franehise•Gas h.tlt Residential 13 ]lmtmtls Commercial -A ("Com A") S;3nyM� Cnmmercialdndusitial --A ("Com1nd B"'I S4141wth CommerciaVladustrial C ("Comflnd C") SPAY nunth Small Volume, Dual Fuel A (" SVDF A") 9491untnnth Small Volume, Dual Fuel B ("SVIV B' 1 W I1XV111nuth Large Volume, Dual Fuel ("LVDF") S Ir+419iU�ntnth Section 2. WjKg Date" This effective date of this Ordinance shall be after its publication and 90 days after the sending of written notice of these amendments has been provided to Xcel Energy and CenterPoint Energy by certified mail as required by the code. Dated the 28th day of November, 2022. Kathi Hemken, Mayor Attest: Valerie Leone, City Clerk Published in the Sun Post December 8, 2022 1277157 I ORDINANCE NO.2022-13 AN ORDINANCE AMENDING GAS FRANCHISE ORDINANCE IN THE NEW HOPE CITY CODE THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. This Ordinance amends the existing Gas Franchise Ordinance set forth in Appendix G and referenced as Section 12-10 of the City Code. The Gas Franchise Ordinance, as amended herein, grants CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), its successors and assigns, a nonexclusive franchise to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ways and grounds of the City of New Hope, Hennepin County, Minnesota, for such purpose; and, prescribing certain terms and conditions thereof. Appendix G is hereby amended to repeal the stricken text and add the underlined text as follows: Appendix G - 12-10. Gas Franchise. (a) Franchise History and Location in City Code. A franchise to the Minneapolis Gas Company was passed by the Council as Chapter 85, Ordinance 62-12, on November 27, 1962, published in the official newspaper on January 17, 1963, and accepted by the Minneapolis Gas Company on February 8, 1964. This franchise expired by its terms on January 1, 1983 but was renewed by Ordinance No. 84-9. The franchise granted by Ordinance No. 84-9 expired by its terms on June 30, 2003, but was replaced by Ordinance No. 03-08 prior to its expiration. The franchise is now amended by Ordinance No. 2022-13. Reference to the gas franchise appears in Chapter 12 of the City Code and the franchise itself is Appendix G of the City Code. (b) Definitions. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: (1) City. The City of New Hope, County of Hennepin, State of Minnesota. (2) City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including, but not limited to sewer, storm sewer, water service, street lighting, traffic signals, and all necessary equipment and appurtenances required to provide utility services. (3) Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. (4) Company. C nt ,FPeirif-Energy NfimL...asee, a diNision of CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota Gas, a r,al.,,..,,fe ee~~e~ation, its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Ffranchise. �--� (5) Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. (6-) Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Ggas Eenergy for retai 1publie or wholesalepfiy4e use. (26) Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. "Gas" includes Gas that is: a. Manufactured by the Company or its affiliates and delivered by the Company; b. Purchased and delivered by the Company; or c. Purchased from another source by the retail customer and delivered by the Company. (8) Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, Minnegasee, V.P., Regulatory & Supply get -vice, 800 LaSalle Avena 505 NicoIlet Mall, Minneapolis, MN 55402.-2006. Notice to the City shall be mailed to the City Manager, City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. (9) Ordinance. This gas franchise ordinance, also referred to as the Franchise. 109) Public Way. Publie right ef way within the City as ddefi-needd in Minn. Stat. § 237.162, s4d. 3. Any hi lg Ewa- , sy treet, alley or other public right -of way within the City. (110) Public Ground. Land owned or otherwise controlled by the City for park, open space, utility easements, or similar public purpose, which is held for use in common by the public. "Public Ground" specifically includes any property now owned or hereafter purchased by the City for redevelopment purposes. a. The r ity ar-di•�tiriicLyS--..--F£`• [is e. All o l,e.- .,1 cable „erin:+,-.roeedui-es and . ,sr..., a-y „ etice_ of the City. (c) Adoption of Franchise. (1) Grant of Franchise. City hereby grants Company, for a period of twenty (20) years from the date of this Ordinance. the right to import, manufacture, distribute and sell Ggas Energy for public and private use within and through the limits of the City as its 2 boundaries now exist or as they may be extended in the future_: and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes,_ Company may construct, operate, repair and maintain _Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to a public right-of-way ordinance or pennit requirements adopted consistent with state law. City,ftiffilhig on the daie this Ordimanee is passed and appmyed by the (3) Fr-anehise Duration. 4ie fmnehise shail ren for- 5 yev&s from the eeffifnefteeme"t date. (24) Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after its passage of this Ordinance and publication as required by law and its acceptance in� by Company. If Co.,.,,,.,ny does not file R written aeeeptance of this 4-aflehise as passed by the City with the City within 60 Days after the eemmeneement date this OMiRaRee SLAM' NO d-P—Pined Fefused. Upon l-eftisal the Cit5, (5) of the nt dwe unless notice is given to the t ei"Ifo_ry Neti_ee ...Mien Will Meet and di_SGUSSe.�ewal of this frwiehis.e_nr_cFee"%PW operate, , 9 1 I "Laii.f<il_ regulations" i:nea . rr.�trisrr. >>s ehanges to See"on 6 14, ei _seq. of the City Code if sueh Change interfere,,; with fr-aar-Aise, the City and Company shall nagotiate in good fnifli to Y-eaeh intitua4y hand led kindeF the teFms e f Dispute Resolution 8 eetion of this Or-d inaaee. Changes enaeted prior to eoi:npletioa of the dispute Feseltitien pfflyided for- imn this fFfflehise sha4 be effeefive as io all persons, entitiei and other- 4aaAises, but shall Only beeem fesolutiefi. 6aek of notiee shall not be a defense to nen eatuplianee with a ehange that does flat int.,..f_ fe with this fr'afle ise. the same subjeia in this Of4inanee, this Or-dinanee will eef4r,&6 +g f this franchise. (4-3) Service and Gas Rates. The terms and conditions of service to be p,.,,yid a and the rates to be charged by Company for Ggas Energys e in City are subject to the exclusive jurisdiction of the Commission. (474) Publication Expense. The expense of publication of this Ordinance shall be paid by Company. (4-5) Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Ffranchise or for such other relief permitted by law. (476) Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the lime this Franchise exl)ires, the eoign,,,enee.„e„date, this Ffaanchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the Ffiranchise to expire. (d) Location, Other Regulations. (1) Location of Facilities. Sull eet to ROW fl..dinanees Gas Facilities i the Publ e Ways and P„ lie r-,,-etmds shall be located, constructed, and maintained so as not to interfere with the safetyand convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System„ eusteinafy t-Faffie, t�vel and the use of the Publie Way and Publie C,;;A,-,;d Gas Facilities may be located on 0 - - Public Ways and Public Grounds to be mutually agreed by_ns��'~' the City and the Company. The location and relocation of Gas Facilities shall be subject to reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Franchise. (2) Street Opcnings. Company shall not open or disturb the surface of any Public Way or Public Ground for any puMose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee, unless the City is receiving a franchise fee pursuant to this Ordinance, in which case all permit fees wiII be waived. Pen -nit conditions imposed on Company shall not be more burdensome than those imposed on other public right-of-wayright-of-wqy users for similar facilities or work. Conipany nmV, however, open and disturb the surface of any Public Way or Public Ground without a pen -nit if (i) an emergency exists requiring the immediate repair of Gas Facilities and ii) Coin pany gives telephone, entail or simiiar Notice to the City before commencement of the emeMeacy repair, if reasonably possible. Within two (2) business days after commencing the he repair, Company shall apply for any required permits and pay any required fees. (3) Restoration of Public Ways and Public Ground. Restoration of the Public Way shall be subject to ROW Ordinances. After completing work requiring the opening of aM Public Way or Public Ground, the Company shall restore the Public Ways or Public Grounds in accordance with Minnesota Rules, 7819.1100. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months tw- r'" ..o� thereafter. All work shall be completed as promptly as weather permits. If Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition and after demand to Company to cure, City shall, after passage of a reasonable period of time following the demand, but not to exceed fivethr� (5-3) business days, have the right to make the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City., i tie! ud ., . a•' , i &�.•.,*:.,o .,d eve head plus ten n and This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section. The Company shall not be required to post a construction performance bond. (4) Avoid Damage to Gas Facilities. Nething in this Or-diaaRee relieves any peFsen Faeilities while peFfbfmiag any The Company must take reasonable measures to prevent the Gas Facilities from causing, damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons,ro ert or the elernents. Per Minnesota Statute §216D.05, the City must take protective ineasures when it performs work near the Gas Facilities. 5 Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the Cit has reason to believe that Gas Facilities i-nqy affect or be affected by the improvement. The Notice will contain: i the nature and character of the improvements, ii the Public Ways or Public Grounds upon which the improvements are to be made, (iiij the extent of the improvements, iv the time when the City will start the work and v if more than one Public Wa�y or Public Grounds is involved the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual cornmencernent of the work to permit Company to snake any additions, alterations or repairs to its Gas Facilities Company deems necessary. 6 Mappfilg Information. If requested by City, Coml2any mustpromptly provide complete and accurate mapping infannatioii for any of its Gas Facilities in accordance wills the requirements of Minnesota Rules 7819.4000 and 7819.4100. 7 Emergency Response. As emergency first responders, when a public safe concern exists both the City and Company shall respond to gas emergencies within the Cit without additional direct fee or expense to either City or Company. (e) Relocations. (1) Relocation in Public The Company and City shall comply with the provisions of Minnesota Rules 7819.3100 with res ect to requests for the Com an to relocate Gas Facilities located in Public Ways. �-C ' ]Ways or- 1iat the (2) Relocation in Public_ Grounds, City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed_public use of the Public Grounds. Nothing in this section shall be construed so as to invalidate or impair any existing company easements in Public Grounds. If Company is required to relocate from an existing easement City shall provide an equivalent easement for the relocated facilities. (32) Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided s{n}k-highway project shall be governed by the provisions of Minnesota Statutes Seetio H161.45 and 161.46., as 9upplemented of amended. City r r (f) Change In Form of Government. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. (g) Franchise Fee. .. . , 216B.36, to separate or-dinaviee. T-4ie separate eWinanee adepting a 4anehise fi,-e shall not be adopted L..a LL. LLL LUG,4 VV CICCy ved upon t'I�. ce"any. 1 Fonn. Quitig the term of the franchise hereby ranted the City may charge the Company a franchise fee. The Company will administer the collection and payment of franchise fees to City in lieu ofpen-nit fees or other fees that may otherwise be imposed on the CompaLiy in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat fee basis or by some other method that is mutually acceptable to both City and Cam pan for each retail customer account within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees without pjacin the Coml2aa at a competitive disadvantage. Such fee shall not exceed anX amount that the CompanyCompaLny ma legally charge to its customers prior to payment to the City and be consistent with the Minnesota Public Utility Commission's March 23 2011. Order establishing franchise fee filing rc uirements in Docket No. E G999/CI-09-970. If the Company claims that the City required fee formula is discriminatory or otherwise Rlaces the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Company are unable to agree, the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. (2) Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council and shall be set forth in the city's fee schedule. The effective date of the franchise fee ordinance shall be no less than ninety 90 days after written Notice enclosing a copy of the duly adopted and a roved ordinance has been served u on the Com an by Certified mail. The Company is not required to collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law, provided the Company notifies the City Council of the same within the ninety (90) day period. (3) Condition of Fee. The separate ordinance imposing the fee shall not be effective a ainst the Company uIII ess it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy su lierprovided that as to such supj2lier, the City has the authority or contractual right to require a franchise fee or similar fee thrau h an agreed -upon franchise. (4) Collection of Fee. The franclise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with Minnesota Public Utility Commission's March 23, 2011, Order establishing; franchise fee filing_ requirements in Docket No. E,G999/CI-09-970; Such fee is subject to subsequent reductions to account_ for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. Company agrees to make available for inspection by City at reasonable times all records necessary to audit Cam an 's determination of the franchise fee payments. (5) Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one 1 year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will tenninate at the same time. h Abaneloaaed Facilities. The Company shall comply with Minnesota Rules Part 7819.3300 as it inay be amended from time to time with respect to abandoned facilities in Public Ways. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City's request and comply with the location requirements of Minnesota Statutes §216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. Cih) Limitation on Applicability_; "' e This Ordinance constitutes a franchise agreement between the City and its successors and the Company and its successors and permitted assigns, as the only parties. No provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. This fr n h se agreement Shall-11 i (ji) Amendment Procedure. Either party to this franchise agreement may at any time propose that this Franchise Ordinancebe amended. This Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within ninety L960) days after the effective date of the amendatory ordinance. An ordinanee passed by the City for- the pur-pos of updating City Code mfeFenees to Minnesota Statutes or othei- laws shall not eenstitute an ( j) Previous Franchises Superseded. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. Upon Company's acceptance of this franchise the previous franchise shall terminate. (1k) Indemnify ol'Qy Company skull indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection. the issuance of permits or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the Cit 's ne li gnce as to the issuance of permits for or inspection of Company's plans or work. in De ense o Cin% In the event a suit is brought against the City under circumstances where this agreement to indernnify applies, CoiEpany at its sole Cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a j2eriod wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action eve . defense or immunity that theCit could assert in its own behalf. This Franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liabilit under Minnesota Statutes, Chapter 466. 0i) Vacation of Public Ways and Public Grounds. The City shall give Company at least two weeks prior written Notice of a proposed vacation of a Public Ways or Public Grounds. The City and the Coinpany shall coniply with Minnesota Rules 7819.3100 and 7819.3200 with respect to any request for vacation. hiM. pwykatien and Defense. qlie Company shall indemnify, keep and hold the GtY, its eleeted effieials] semployees, death of pef:soyis or- daimage !a PFOPel4y oeeasioned by the 1 ] , Company'sremoval ] or- operation ef the . , 1 7 W IX (ol) Severability, Every section, provision or part of this Ordinance is declared separate from every other section, provision orpartLand if any section, provision or part shall be held invalid it shall not affect any other section., provision or part. Where a provision of any other Citv ordinance is inconsistent with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. oil All WIN 4,141,611 la. I IN Section 2. Sec. 12-10 — Gas Franchise shall be amended to add the underlined text as follows: A franchise to the Minneapolis Gas Company was passed by the council as Chapter 85, Ordinance 62-12, on November 27, 1962, published in the official newspaper on January 17, 1963, and accepted by the Minneapolis Gas Company on February 8, 1964. This franchise expired by its terms on January 1, 1983 but was renewed by Ordinance No. 84-9. The franchise granted by Ordinance No. 84-9 would have expired by its terms on June 30, 2003, but was replaced by Ordinance No. 03-08 and further re (laced by Ordinance No. 22-1.3 prior to its expiration. The current gas franchise appears in Appendix G of the City Code. 10 Notice. "Notice" means a writing served by any party or parties on any other party or parties. Notice to company shall be mailed to CenterPpoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, ., Regulatoty & StIpply 9ffN460, Minneapolis, MN 55402.-2006. Notice to city shall be mailed to the City Clerk at 4401 Xylon Avenue North, New Hope, Minnesota 55428. Section 3. Effective Date. This effective date of this Ordinance shall be after its publication and 90 days after the sending of written notice of these amendments has been provided to CenterPoint Energy by certified mail as required by the code. Dated the 12th day of December, 2022. ;La- ' Kathi emken, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope -Golden Valley Sun -Post the 21 day of PAAttomey\SAS\1 Client Files\2 City of New Hope\99-82213 - Gas Franchise Ordinance\Ordinance amending Gas Franchise Agreement.docx 11 December 2022.) SUMMARY OF ORDINANCE NO.22-13 AN ORDINANCE AMENDING GAS FRANCHISE ORDINANCE IN THE NEW HOPE CITY CODE Ordinance No. 22-13 updates language contained in the gas franchise ordinance set forth as Appendix G to grant CenterPoint Energy a nonexclusive franchise to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ways and grounds in the city of New Hope The full version of Ordinance No. 22-13 is posted at www.newhopenm.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was adopted by the New Hope City Council on December 12, 2022, and shall become effective upon publication. Valerie Leone City Clerk (published in the Crystal/ Robbinsdale/New Hope/Golden Valley Sun Post on December 22, 2022) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN \ Debbie Schwalba being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A,02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 12/22/2022 and the last insertion being on 12/22/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580,033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county )adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on 12/22/2022 by Debbie Schwalba, Notary Public DIANE H ERICKSO]2024 NOTARY PUBLIC �• .r .. MINNESOTA My Commission Expires Jan. 3 Rate Information: I(1) Lowest classified rate paid by commercial users 'for comparable space: $61.35 per column inch Ad ID 1280244 CITY OF NEW HOPE SUMMARY OF ORDINANCE NO. 22-13 AN ORDINANCE AMENDING GAS FRANCHISE ORDINANCE IN THE NEW HOPE CITY CODE Ordinance No. 22-13 updates language contained in the gas franchise ordinance set forth as Appendix G to grant CenterPoint Energy a nonexclusive franchise to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas ener- gy for public and private use and to use the public ways and grounds in the city of New Hope The full version of Ordinance No. 22-13 is posted at www. newhopemn.gov and is available for inspection at the City Clerk's office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was ad- opted by the New Hope City Coun- cil on December 12, 2022, and shall become effective upon publication. Valerie Leone City Clerk Published in the Sun Post December 22, 2022 1280244