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2003 ORD ORDINANCE NO. 03-02 AN ORDINANCE ESTABLISHING COMMERCIAL ANIMAL KENNELS AND ANIMAL DAY CARE FACILITIES AS CONDITIONAL USES IN THE INDUSTRIAL "I' ZONING DISTRICT The City Council of the City of New Hope ordains: Section 1. Section 4-20(e) "Conditional Uses" of the New Hope City Code is hereby amended by adding subsection 4-20(e)(16) "Animal Kennels and Animal Day Care" to read as [ follows: 4-20(e)(16) Animal Ke~mels and Animal Day Care. S'ubiect to the following_conditions: 4-20(e)_(j_6)(a.)_ The facility's minimum size must provide for seventy-_five (75_} square feet per dog and twenty (20~) square feet per cat or an~~ other animal boarded at any on__,____e time, ~Jfice or storage area. The ihcility_must provide one 1(32 ca_~e or air kennel per animal. 4-20~nci!lary services inclu~ining, grooming and food and accessorz sales may be conducted or provided at the facility. ~ An exercise area shall, be provided to accommodate the periodic exercising of animals boarded at the hcility. The exercise area must be 1. 00 s~ feet in size for each animal that occupies that area at any one time. Any outdoor exercise area must be fenced, must have a 3-foot vegetative buffer~ must be cleaned regu~ animal waste must be appr~ately treated before it is allowed to enter an3' storm water pond or storm sewer. 4.20_(Q(16)(d.) The facility must have a ventilation sjstem that prohibits the transmission of odors or organisms bet~veen tenant bays. The ventilation s~ must be capable of complete~ exchanging internal air at a rate of 1.00 cfin/s~ foot of floor sp_ace~pe.r area dedicated for the kee~ing of animals e:xcl, usive of offices ~0 Chapter 1346 of the Mi:rmesota State Building Code, as may be amended, these requirements can be met by the submission of an air exchang~ acceptable to the City from a Minnesota licensed contractor or engineer confirming compliance with said standards, otherwise, the facility ventilation system must b~e ~ separate and independent of other tenant s_pace within the 'buildingz. Facility air temperature .must be maintained between sixty degrees (60°) and e_ight2~ ~80°) Fahrenheit. 4.20(&)(16)(e.} A sufficiently sized room/ca~e~_59_parate from the facility areas shall be provided to adequately separate s!ck~ured animals fi'om healthy animals. 4.20(e)(16)(f.) Wall finish mate14als below 48 inches in hei~ervious, washable materials like sealed mason.r~, ceramic tile~, glassboard, or marlite. Floor finish shall be sealed concrete or other approved impervious surface. Liquid-tigh_t ct~..ast 6 inches high, shall be installed along shared walls for sanita~ confinement and water wash-down cleanin~ 4-20(e)_~6)(g.) Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of su:tTficient construction to eliminate odors and ozrganisms. All anita.al waste .must be prp'per!~osed of daily. 4-20~e)(l:6)(h.) The facility must be appropriately licensed per Section 7-4 of this Code and all. conditions of said Section. must be satisfied. ~6)(i._t_T_h.e property owKer Shall provide the City with. at least fourteen (1.4_4)_ ~ nogce of the anita, al kennel/day care iment/.on to vacate the ipremises and allow a City inspection of the premises. 4-20 e(xl~6)(j_.) The hcilitv must provide sufficient, uniformly dis/tributed lighting to_ the kemxel area. 4-20(e)(16)~..) Exemptio.n. Veterin~linics that board ten fi(j_O_) or fewer animals and pet stpres are exempt from this conditional use permit requirement. Section 2. Section 4-20(b) "Permitted Uses" of the New Hope City Code is hereby amended by adding new subsection 4-20(b)(13), "Veterinary Clinics", to read as follows: 4-20(b)(13) Veterina~, Clinics. Provided the clinic boards without treatment ten _(_10) or fewer animals in a 24 hour period. Section 3. Section 4-2(b) "Definitions", subsection "Dog Kennel" of the New Hope City Code is hereby amended to read as follows: 1Co,g-Animal kennel or Animal Dm, Care means any place where four dogs, or more animals, including but not limited to dogs~ cats or any combination thereof, over six months of age are boarded for anv length of time, bred and/or offered for sale, except a veterinary clinic. Section 4. Section 1-5(j), "Temporary Prohibition of Dog Kennel and Cat Shelter Licenses" of the New Hope City Code is hereby repealed in its entirety. 2 Section 5. Effective Date. This Ordinance shall be effective upon its passage and publication. D atedthis 27 day of May ,2003. ~~~ W. Peter Enck, Mayor ATTEST: ~J~ J~ ,~ ~/~2/L~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 5thday of June ., 2003.) P:\ATTOI~/EY~CNH ORD INANCES\ORD IlqANCE 03-02.DOC 3 City of New Hope (Offlciat Publlcation)~, ORDINANCE NO. 03-02 AN ORDmZZ~C]~ ESTAa~S!m~ .~, ' ': INDUSTRIAL'qwZONIZqG DISTRICT ~ity CounciI of the City of New Hope ordains'.' newspapers Section 1~ Section 4-20(e) "Co~lditional Uses" Hope City Code is hereby amended by adding s'u§s~e~ AFFIDAVIT OF PLIBLICATION 4-~0~e)(~) "~mai ~enne~ ~na mm~ O~ C~" read as follows: 4-20(e)(16 Animal Kennels and Animal Day Care. Sub- STATE OF MINNESOTA) ~ ject to the following conditions: $$. 4-20(e)(16)(a.) The facility's minimum size must provide for seventy-five (75) squ~re feet ocr do~ and twenty (20) _scuare feet oar cat or any other animal boarded at any one COU NT~ O F H [~ N N [z p [ N ) time. exclusive of office or storage area. The facility must Richard Henddckson, being duly sworn on an oath states or affirms, that be is the Chief provide one (1) cage or air kennel oer animal. ~4_r20(e)(16Vb.) Related ancillary services including train- Financial Officer o! the newspaper known az Sun-Post , and has full duct~,d~ng' e-roomin~or orovidedand atf°°dtheandfacilit:v.aCcess°rv sales may be con- knowledge o! the [acts stated below:. ~.20(e)(~6)(~.) An exercise area shall be r)rovided to ac- commodate f~he oeriodic exercisin~ of animals boarded' (A) The newspaper has complied with all of the requirements constituting qualification as a ~]~ei~ ~mt~.~or ear~bean~n~a~t~*"~o~¢uo~e~'~th~00ar~u~r~t ~-~t i~ne time. Any outdoor exercise area must be fenced, must qualified newspaper, az provided by Minn. Stat. §33~A.02, §33~A.07, and other applicable havea3-f0otve~etativebuffer, mustbecleaf~arlv.~ and any animal waste must be'appro~ri~lv~r~l b~-- ~fore it is allowed to enter any storm war/er ~ond.or storm laws, as amended, sewer. (B) The printed public notice that is attached was published in the newspaper once each week, 4.20(e)(16)(d.) The facility must have aventil.ationSvstem. t_Dat prohibits the transmission of odors or organisms be~ ~or one successive weeks; ii was first published on Thursday, the 5 day o[ V~veentenantbavs. The ventilationsvstemmustbecapa- ble of comoleteN exchane-ln~ internal air at a rate of 1.00 ~'rn/souare foot-of floor st)ace per area dedicated for the June 2003, and was thereafter printed and published on every Thursday lo and keeping of animals exclusive of offices pursuant ~o Chao- ' ~t~.r 1~46 of the Minnesota State Buildin~ Cede. as may be including Thursday, the day of 2003; and printed below i$ a cop]/o! the ~,aed. ~es~ ~e~_~e~,~ can ~ m~t ~v the , · ~ion of an air exchange analysis, acceptable to the City groin a Minnesot~ licensed contractor or ena~ineer con- lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the firmin~ comoliance with said standards, otherwise, thefa- ~lity ven'~ati0n system must be comoletelv seoarate and n~ Ot~~ ~9.dep~nden~ of other tonant space within t. he building. Fa- , size and kind of type used in the composRio n ~inw air tomperature must be maintained between sixty n(~rstu~/~~~ 'degrees (60°) and eighty deL~re~$ (80°) Fahl~en~e_it. ~.~_J abedefgbljldm 4.20(e)(16)(e.) A sufficiently sized room/¢a~e seuarate from the facility areas shall be orovlded to adeauatelv soo- I:1¥'~'~"~ ~'~ ~ 4.20(e)(l~)ff..)Wallfmishmatarialsbelow48ineheskn ~ ~ ~ ~-~ ~ grate sick or in~ured animals from healthy ania~ls. heigh~ shall be imperviou~, washable matorials,like sealed masom'v, ceramic file, glassboard, 6r marlite, Floor finish shall be sealed conm'ete or other armroved impervious sur: face. Liquid-tigh~ curbing, a~ least ¢ inches high. shall be installed along-~hared wglls fgr sanitary eonfinoment and ~O ~:ilT/rl~[l~ water wash-down cleaning. Sub~ribod and swo or a broom m~ 4-20(e)(16)(g.) Animal wastes shall be.immediately ~thi$ ~r of ~uffi¢ient ¢ons~rucfi0n to eliminat~ odors and or~an- - . 4-20(e)(16)(h.) The facilltv must be appropriately licensed ~\! !. ~, ~ ~ ~ l{ ~..~_~.~/~ ~ ~~/ per Section 7£4 of this Code and all conditions of said See- 4-g0(e)(16~(i.) The pronsrW owner shall arovide ~be City ' .OM ~ith' at least fourteen (14) days' notice of the animal ken- riel/day care in~ention t~ vaco~e th~ premises and allow a 4-20(e)(16)(j.) The facility must provide sufficient.' uixi~ ~= - - -- - - - - ----- - -,~ - --~ formlv distributed lighting to the kennel area. It~TE INFORMATION 4-20(e)(~6)(k.) Exemption. Veterinary clinics that boatrd ~en (10) or fewer aniraa]~ and oct stores are exem])t from this condition01 use permit requirement. (1) Lowest classified rate paid by commercial users $ ~,85 ocr line - Section 2. Section 4-20(b) "Permitted Uses" of the New ~Of comparable space Hope City Code is hereby amended by adding new sub- section 4-20(b)(13), "Veterinary Clinics", to read as follows: (2) Maximum rate allowed by law $ ~,~0 0er line 4-~0(b)(~3) wto~n~-¢ cli,i~, i'ro~iaed the ~n,i~ beara~ without treatment ten (!0) or fewer animals in a 24 h~.ur period. (3) Rate actually charged $ 1.40 per line Sectio, 3. Section 4-2(b) "~", subsection Kennel" of the New Hope City Code is h.ereby amended to read as foilows: t~.~4nimal kennel or Animal Da~ Card means any place where four dog~ or more animals, i~.ding but not limit- ed to dogs, c~ts or any combination thereof, over six months of age are boarded ~?r any lena~h of time, bred and/or offered for sale, except a veterinary clinic. Section 4. Section 1-5(j), "Temporary Prohibition of Do~ .Kennel and Cat Shelter Licenses" of the New Hope City Cede is hereby repealed in its entirety. Section 5. Effective Date. This Ordinance shall be effec- t~ive upon its passage and publication. ORDINANCE NO. 03-03 AN ORDINANCE AMENDING CHAPTER 14 OF THE NEW HOPE CITY CODE BY ESTABLISHING AN E-PERMIT ACCESS FEE The City Council of the City of New Hope ordains: Section 1. Section 14-1 "Purpose' of the New Hope City Code is hereby amended by adding subsection 14-1 .(4) "E-Permit Fee" to read as follows: 14-1.(4) E-Permit Fee. Any Ci_ty permit obtainable by interact access through the City's web site shall be assessed $3.00 in addition to the applicable permit fee. This additional fee is necessary_ to reimburse the City for its cost to provide on line permit access. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 27th day of January, 2003. Attest: Valerie Leone, City Clerk (published in the New Hope-Golden Valley Sun-Post the 13th day of February, 2003.) P:~Attomey\Cnh Ordinances\Ordinance 03-03 e-permit access fee.doc City of New Hope (Official P~.~licatton) ~:~ ' ' ORDINANCE'NO. AN ORDH~I~CE ~M]I~NVDI2qG CHA~ER 14 OF ~ N~ HOPE CI~ CODE BY ESTABLISHING AN F~PERMIT ACCESS FEE The City Council of the City o~New Hope ordains: newspapers Code is hereby amended by adding subsection ~L4-~1.(4) Permit Fee" to read as follows: AFFIDAVIT OF PUBLICATION 14-L(4) E-Permit Fee. Any Oitv hermit obtainable by ir~- ternet access through the City's web site ~h~9 be MINNESOTA) ~.oo in addition to the a.o~cab]e hermit £ee. This STATE OF tie.al tee [s necessary te ~elmb~e the City for its ~ to ~v~de on [ine oermi~ access. SS. Section 2. I~.~ec~ive Date. ~ Oz~inance stu~]! be efec- COUNTY OF HENNEPIN) tire upon its passage and publication. Dated the 27th day o£ January, 2003. Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief W. Peter Enck, Mayor Financial Officer of the newspaper known as Sun-Post , and has full ValerJe Leone, City Clerk knowledge of the facts stated below: (~ebru~ z3, (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Thursday, the 13 day of February ,2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of ,2003; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publi~cat.~ioEtj;g~he) notice: ~../'// f Subscrib~,,d and sworn tour affirmed~vefore me o ,,s/d Nota Pub~..~, .~.~ . ~ MY C~MI~ION ~R~ 1~1~ ~ RATE iNFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line ORDINANCE NO. 03-04 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 2-20 GOVERNING THE ESTABLISHMENT OF THE WEST METRO FIRE-RESCUE DISTRICT BOARD OF DIRECTORS The City Council of the City of New Hope ordains: Section 1. Section 2-20(a) "Enabling Legislation" of the New Hope City Code is amended to read as follows: (a) Enabling legislation. Pursuant to Mm. Stat. § 412.221(17) the city council shall establish a fire department. In exercise of this power in conjunction with the authority set out in Minn. Stat. § 471.59 and Laws of Minnesota 1995, Chapter 262, (collectively, the Act), the city has entered into a joint and cooperative agreement (hereafter agreement) with the City of Crystal establishing a joint fire district. Said agreement was duly amended per New Hope Resolution No. 2003-74, adopted April 29, 2003. Section 2. Section 2-20(d) "Board of directors; west metrofire-rescue district" of the New Hope City Code is amended to read as follows: (d) Board of directors; west metro fire-rescue district. The district shall be governed and controlled by a board of directors as set out in the joint and cooperative agreement. Per the agreement, the board shall consist of vSneseven members, each having one vote, selected as follows (~, ..... members ...... *'--'~,~,,/not be a resl. dev~an employee of the district or police department of either city): (1) Two members representing the City of New Hope counc~.l appointed by council resolution. At least one of the two members shall be a current member of the City Council of the City of New Hope; (2) Two members representingof the City of Crystal r,~,,, appointed by council resolution. At least one of the two members shall be a current member of the City Council of the City of Cr__ystal; (3) The City Manager of New Hope, '~-' (4) The City Manager of Crystal, '~-' pclice department cf either city; 1 (65)_ One v~,o-,,""u'~ member, not an employee of the district or of the police department of either city, appointed by joint resolution of the City Councils of the City of new Hope and the City of Crystal. The member need not be a resident of New Hope or Crystal. Section 3. Section 2-20(e) "Board of directors; term" of the New Hope City Code is amended to read as follows: (e) Board of directors; term. Per the agreement, ,u,~ ,,~.-~ ,.~, a~o,,,,.o r~ ....~ o ~ ~, c~u .... ~. t~ .... c,~. the te~ of a director is two years ...... · ~ ~c, .... Directors until their respective ..... a ........... ~ ..... serve successors are appointed and qualify. A vacancy ~ the office of director, e*&er t~an ex efficie ~a:~°*~, is filled in the sine m~er that an appo~ent of a director i~tially is made. If a council member or city manager director ceases to hold ~at position~ a cc'ancil member, the office of director held by that council member or city manager is vac~t. Section 4. Effective Date. This Ore,ce shall be effective upon its passage ~d publication. Dated the 27 day of May ,2003. W. Peter Enck, Mayor Attest: ~~ ~/a~erie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 5th day of June , 2003 .) P:\Attorney\Cnh Ordinances\Ordinance 03-04 Fire Rescue District.doc 2 City of New HoPe (Official PubliCatiOn) ORDINANCE NO; 03-04 ' ~ AN ORDINANCE AMENDING NEW HOPE CODE SECTION 2-20 GOVERNING THE ESTABLISttMENT OF 'I'H ~,' WEST METRO FIRE-RESCUE DISTRICT BOARD OF DHtECTORS newspape -s .The City Council of the Ci of ew HOPe ordains: AFFIDAVIT OF PUBLICATION Section 1: Section 2-20(a)"Enabling Legislation" of the New Hope City Code is amended to read as follows: STATE OF MINNESOTA) (a) Enabling ~egi~lation. ?ur~uunt to Minn. Stat. § ~ 412.221(17) the city council shall establish a fire depart- ment~In exercise of this power in conjunction with the au- SS. thority set out in. Minn. Stat. § 471.59 and Laws of Min- nasota 1995, Chapter 262, (collectively, the Act), the city has entered into a joint ani~:cobP~rati~e agreement (here- COUNTY OF HENNEPIN) after agreement) with the city of Crystal establishing joint fire district. Said ns'reement was duly amended per Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief NewHoDeResolutionNo. 2003-74. adoutedAori128,2003. Section 2. Section 2-20(d) "Bbs~'cl of directors; west metro Financial Officer of the newspaper known as Sun-Post , and has full 5re-re~c~ 4i~trict" of the ~ew Hope City Code is ed to re~d as follows ;~ ~ .~ ' knowledge of the facts stated below: (d) Board of directors; west metro fire-rescue district.~ The district Sha~ be governed and ~O~tr011ed by a board Of dj- (A) The newspaper has complied with all of the requirements constituting qualification as a rector~ as se~c o, ut in the j0in~ ?~ ~.d cooperative agreement,: Per the agr'eein~nt;' the bbard ~hal] consist of a~ee~e~vefi qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable 'member, ~ach having one vote; selected as follows members ~-~hnav not be a r~cntan emntovee of the dis- laws, as amended, t~et or oo]ice denartment of either city): (1) Two members reoresentin= the City of New Hope et: (B) The printed public notice that is attached was published in the newspaper once each week, t.~.~ c[*~,- c~.~:~ appointed by council resolution. At least one of the two members sha]l be a current member oftb~ Citer Council of the City of New Hope; - for one successive weeks; it was first published on Thursday, the 5 day of (2) Twomembersrenresenfin=eftheCityofCrystalC~i,f,~ Count! appointed by council resolution. At least one of the June , 2003, and was thereafter printed and published on every Thursday to and twomemberssha]]beacurrentmeraberoftheCitvC0un- cil of the City of Cr~sta]; (3) The City Manager of New Hope, ::~ including Thursday, the day of ,2003; and printed below is a copy of the (4) T~e City Manager of Crystal', = :m:-'~; . loWer case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the c:-~=~z =~ m~ ;:~,~ =c=~_- =;;:~:.t~ ~-; ;~.~ size and kind of typo used in the composition and puJ~lieatiow13f4~e notice: ~ ~ ................................. ~ .......... abcdefghijldmno of the police department'0f either city, appointed b~ j0'int resolution of the City Councils of the City of neW Hope and ~.~ the City of Crystal. The member need ~0t be~a residen~:iof BY: New Hone or Crystal. CFO ~ % - ~ Section 3. Section 2-20(e)"Board of directors; term" of the New Hope City Code is amended to read as follows: (e) Board of directors; term. Per the agreement, thc Subscn"oed and swo~-{~ ~or affirmed bffore me f:'2=.~=;. T-kc:;c~;7,, the term of a director is two years until their respective Successors are appointed and fy. A vacancy in the of~e o£director, ctkcr tkan c:: '~- ~'~rcct~A is filled in the same manner that an appointment I~ota~.--.~___ ' ' -- ,~ ufa director initially is made. Ifa ..... il memb .... City ~ dffgctor ceases ~o hold that nosition~;: M ERIDEL M. HEDB i o~ ciw. ma~a~zer ~ ~ac~%~- ),:t :t..:, :, ~ {~ ~i}] NOTARY PUBLIC-MINNESOTA ~ i ~'': ~: ~ ~ : ' ., ~ MYCOMMIS$1QN EXPIRES I~-i(~05~ ~! tiveSecti°n 4. Effective Date, This Ordinance shall be ~ffec- !~. ~ upon its Passage and publication. Dated the ~7tn day 0f~ay; 2b03. ' ' RATE INFORMATION w. P~ter Enck, .Mayor AtteSt: (1) Lowest classified rate paid by commercial users $ 2.85 _Der line Valerie Leone; City Clerk , for comparable space (Published in the Hew Hope-Go]den Yailey Sun-'Past the .Sth day o£ June, 2003.) (2) Maximum rate allowed by law $ 6.20 per line (~une 5, ~003)~Ord 03-0~ (3) Rate actually charged $ 1.40 _Der line ORDINANCE NO. 03-05 AN ORDINANCE AMENDING THE NEW HOPE CITY CODE BY ESTABLISHING A REGISTRATION PROCESS FOR PRIVATE ALARM SYSTEMS The City Council of the City of New Hope ordains: Section 1. Section 8-34 "Registration of Private Alarm Systems" is hereby added to the New Hope City Code to read as follows: Sec. 8-34. Registration of Private Alarm Systems. (a) Purpose. The purpose of this section is to promote and maintain the operational effectiveness and reliability of private alarm systems, reduce or eliminate false alarms and prevent unnecessary responses by the New Hope police and the West Metro Fire-Rescue District unduly diverting them from other law enforcement and fire protection activities. Nothing herein shall be construed to impose any duty on the New Hope police department or the West Metro Fire-Rescue District to respond to alarm dispatch requests, limit the discretion of the police department or fire district to establish response policies, or waive any applicable governmental immunities. The city council of the city of New Hope hereby makes the following findings to regulate alarm systems within the city: (1) The police department and fire district's response to false alarms has placed an intolerable burden upon the time and resources of both departments. (2) The police department's response to false alarms unduly diverts law enforcement resources from legitimate crime prevention and law enforcement activities. The fire district's response to false alarms unduly diverts fire enforcement from legitimate fire protection and prevention activities. This threatens the health, safety and welfare of the city of New Hope and its citizens. (b) Scope. Section 8-34, et al., governs alarm systems intended to summon fire protection and law enforcement response and thereby requires alarm system registration, establishes fees, provides for penalties and fees for violations, establishes a system of administration, and sets conditions for suspension of police response and fire response. (c) Definitions. The following definitions are specific to New Hope Code subsection 8- 34 and are not applicable to any other sections of this Code: (1) Alarm Administrator: The director of police, or designee, is responsible for the administration, control, and review of the city's false police alarm reduction efforts. The fire chief of the West Metro Fire-Rescue District, or designee, is responsible for the administration, control and review of the city's false fire alarm reduction efforts. (2) Alarm Company: The business of any individual, partnership, corporation, or other entity involving the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, monitoring, or installing any alarm system at an alarm site located within the city or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, or installed any alarm system in or on any building, structure, facility, or other alarm site located within the city. Specifically included in this ordinance and the provisions of it are individuals, partnerships, corporations, or other entities performing alarm system monitoring services. (3) Alarm Dispatch Request: Notification to a law enforcement agency or fire department that an alarm, either manual or automatic, has been activated at a particular alarm site. (4) Alarm Site: A single fixed premise, building, structure, facility, or location served by an alarm system. Each tenant's space within a multi-tenant building or complex, if served by a separate system, shall be considered a separate alarm site. (5) Alarm System: An assembly of equipment devices including, but not limited to, systems interconnected with a radio frequency method such as cellular or private radio signal, arranged to emit or transmit a remote or local audible, visual, or electronic signal indicating an alarm condition to which police or fire personnel are expected to respond including, but not limited to, fire, burglary, holdup, and panic alarm systems. Alarm systems to monitor temperature, carbon monoxide, humidity, medical emergencies, or any other condition not related to the detection of a fire or criminal intrusion into an alarm site or an attempted robbery at an alarm site are specifically excluded from the provisions of this Code. Alarm systems installed on a vehicle or person are also excluded unless the alarm is permanently affixed to a specific location. (6) Alarm User: The person, firm, parmership, association, corporation, company, or organization of any kind which uses or is in control of an alarm system at an alarm site, regardless of whether it owns or leases the system. (7) Alarm Verification Process: An independent method by which an alarm company attempts to verify with the alarm user or responsible party that a signal from an alarm system requires an immediate dispatch of police personnel. (8) Automatic Voice Dialer: An electrical, electronic, mechanical, or other device capable of being programmed to automatically send a pre-recorded message when activated over a telephone line, radio, or other communication system to a law enforcement agency. (9) Burglary_ Alarm: Any system, device, or mechanism for the detection and reporting of criminal intrusion, or attempted intrusion, upon an alarm site to a remote receiving station for the purpose of dispatching law enforcement personnel. (10) False Fire Alarm: The activation of any fire alarm system which results in a dispatch of the fire district caused by mechanical failure, malfunction, improper installation, lack of proper maintenance or any other response for which the fire district personnel are unable to determine the apparent cause of the alarm activation, or which is caused by the negligence or intentional misuse of the fire alarm system by the owner, its employees, agents or any other activation of a fire alarm system not caused by heat, smoke or fire. False fire alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, violent conditions of nature, or any other conditions which are clearly beyond the control of the alarm manufacturer, installer or owner. (11) False Police Alarm: An alarm signal eliciting notification to and a response by police personnel where the responding police officer, having completed a timely investigation of the alarm site, is unable to find any evidence of a crime or attempted crime and which is caused by the activation of the alarm system through mechanical failure, alarm malfunction, improper installation, or the inadvertence of the owner or lessee of an alarm system, or of such owner or lessee's employees or agents, or by service technicians. False police alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, violent conditions of nature, or any other conditions which are clearly beyond the control of the alarm manufacturer, installer, or owner. (12) Fire Watch: A fire district-approved person or persons assigned to a premises for the purpose of protecting the occupants from fire or similar emergencies. A fire watch may involve special action beyond normal staffing such as assigning an additional security guard(s) to walk the premises, specially trained in fire prevention and in the use of fire extinguishers, in notifying the fire district, in sounding the fire alarm system located on the premises and in understanding the particular fire safety situation. A fire watch shall maintain an activity log on site for inspection by fire district personnel upon request. (13) Holdup Alarm: A silent alarm signal generated by the manual activation ora device intended to signal a robbery in progress to law enforcement personnel. 3 (14) Local Alarm System: Any alarm system that enunciates an alarm only by an interior and/or exterior audible sounding device and is not monitored by an alarm company. (15) Panic Alarm: An audible or silent alarm system signal generated by the manual activation of a device intended to signal a life-threatening or emergency situation requiring the dispatch of law enforcement personnel including, but not limited to, duress and ambush alarms. (d) Registration required, application, fees, transferability, false statements. (1) Form of Registration. Every alarm user shall be required to register each alarm system on the alarm user's premises on a form provided by the city. Each alarm registration form must include the following information which the city has deemed necessary to administer the alarm ordinance: a. the name, complete address (including apartment/suite number), and telephone numbers of the person who will be the registration holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees required by section 8-34 of this Code. b. The classification of the alarm site as either residential (includes apartment, condo, mobile home etc.) commercial or multiple dwelling units. c. For each alarm system located at the alarm site, the classification of the alarm system; i.e. fire, burglary, holdup, panic, or other, and for each purpose whether audible or silent. d. Mailing address if different from the alarm site. e. Names and telephone numbers of at least two individuals who are able and have agreed to receive notification of an alarm activation at any time, respond to the alarm site within 30 minutes, and upon request can access the alarm site and deactivate the alarm system if necessary. f. Signed certification from the alarm user stating: i. the date of installation, conversion, or takeover of the alarm system, whichever is applicable; 4 ii. the name, address, and phone number of the alarm company performing the alarm system installation, conversion, or alarm system takeover, and responsible for providing repair service to the alarm system; iii. the name, address and phone number of the alarm company monitoring the system, if different from the installing alarm company; iv. that a set of written operating instructions for the alarm system, including written guidelines on how to avoid false alarms, has been left with the alarm user; and v. the alarm company has trained the alarm user in proper use of the alarm system, including instructions on how to avoid false alarms. g. The type of business conducted at the alarm site and any dangerous or special conditions present. h. An acknowledgment that law enforcement and fire district response shall be based on factors such as availability of police and fire district units, priority of calls, weather conditions, traffic conditions, emergency conditions and staffing levels. i. Any false statement of a material fact made by an applicant shall constitute a violation of section 8-34(d) of this Code. (2) Fees/Nonrefundable. The fee for initial registration and annual renewal for an alarm site are set forth in chapter 14 of this Code. The fees shall reflect the administrative cost to the city to monitor and respond to alarm systems as provided herein. Registration and annual renewal fees are nonrefundable. The initial registration fee must be submitted to the alarm administrator within seven (7) days after the alarm installation or alarm takeover. (3) Failure to Register. Failure to register alarm systems at an alarm site shall constitute a violation of section 8-34(d) of this Code. An alarm user that fails to register as required herein shall be subject to a civil penalty of $100 for each false alarm occurrence while the alarm system remains unregistered. The fine for the first violation of this section will be waived if the alarm user registers within seven (7) days from the false alarm occurrence. (4) Transferability. An alarm registration cannot be transferred to another person or alarm site. An alarm user shall inform the alarm administrator of any change that alters any information listed on the registration application within seven (7) days from the date of said change. (5) Registration, Duration, and Renewal. The initial registration for a single residence is valid for the time period the registrant is the alarm user. If the alarm user has a false alarm requiring the payment of a false alarm fee, the alarm administrator may require the alarm user to file a registration renewal at no cost. The initial registration shall expire one (1) year from the date of issuance for all other alarm sites and must be renewed annually by submitting an updated application and a registration renewal fee to the alarm administrator. The alarm administrator shall notify each alarm user of the need to renew 30 days prior to the expiration of the registration. It is the responsibility of the alarm user to submit an application prior to the registration expiration date. Failure to renew will constitute a violation of this section. A $25.00 late fee shall be assessed if the renewal application is submitted more than 30 days after the receipt of the above-described notice from the alarm administrator. (e) Duties of alarm users. An alarm user shall: (1) Maintenance. Maintain the premises and alarm system in a manner that will minimize or eliminate false alarms; (2) Alarm Response. Make every reasonable effort to respond or cause a representative to respond to the alarm system's location within 30 minutes, when notified by the city or fire district, to deactivate a malfunctioning alarm system, to provide access to the premises, or to provide alternative security for the premises; (3) Alarm Activation. Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report; (4) Alarm Adjustment. Adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal on the exterior of an alarm site will sound for no longer than ten (10) minutes after being activated (or fifteen (15) minutes for systems operating under Underwriter Laboratories, Inc. Standards 365 or 609). Fire alarm systems shall be exempt from this section; (5) Key Holder List. Maintain a current key-holder list with their alarm company; (6) False Alarm Notification. Notify the alarm company of a false alarm activation as soon as the user is aware of the false alarm; (7) Operating Instructions. Maintain, at each alarm site, a set of written operating instructions for each alarm system; and 6 (8) Automatic Dialing. Prevent any permitted automatic dialing device from dialing 911 or any other office of the city of New Hope or the West Metro Fire-Rescue District. (f) Required access to site. The New Hope police department will only respond to a burglary alarm site once within a 24-hour period unless the alarm company is able to locate a key- holder who will provide police officers access to the site. (g) Duties of the alarm company. (1) Alarm companies installing systems shall: a. not install a device that activates a holdup alarm by the depression of a single-action non-recessed button at alarm sites within the city and shall remove existing non-recessed button alarms on or before January 1, 2005; b. not install any panic or holdup alarm system in residential sites that activates a silent alarm signal by alteration of the last digit of the normal arm/disarm code at alarm sites within the city, and shall deactivate such systems currently in existence on or before January 1, 2005; c. not install or use any burglary control panel failing to meet Security Industry Association standards that has a false alarm prevention feature programmed to the factory default; d. maintain a current record accessible to the alarm administrator at all times that includes the names of the alarm users serviced by the company, the addresses of the protected properties, the type of alarm system, the original installation date and subsequent modifications, if any, for each protected property, a record of the date and time of alarm dispatch requests to each protected property, a record of the false alarms at each property with evidence of the company's attempt to verify the alarm and an explanation of the cause of the false alarm; e. provide each of its alarm system users with operating instructions for their alarm system, including an explanation of the company's verification process, a telephone number to call for assistance in operating the system, and a summary of the provisions of this ordinance relating to penalties for false alarms and the possibility of no police response to alarm systems experiencing excessive false alarms; and 7 f. establish a training period during the first seven (7) days following the installation of any burglary alarm system during which the alarm user will be trained on the proper use of the system and during which no requests for an immediate dispatch of police personnel will be made by the alarm company without independent factual support. (2) Alarm companies performing monitoring services shall: a. report alarm signals by using telephone numbers connecting them with the designated dispatch center for the New Hope police department and West Metro Fire-Rescue District; b. attempt to verify every alarm signal except a duress, holdup or fire alarm activation before requesting law enforcement response to an alarm system signal; c. communicate verified cancellations of alarm dispatch requests to the designated dispatch center in a prompt fashion; d. communicate all available information about the type and location of the alarm; e. endeavor to contact the alarm system user when an alarm dispatch request is made; f. work cooperatively with the alarm system user and alarm administrator to determine the cause of any false alarm and to prevent recurrences. (3) An alarm company violating any of the duties of this section will be subject to a civil penalty of $100.00 for each separate violation. Each day of noncompliance shall constitute a separate offense. (h) False alarms. (1) False Alarm Fee - Alarm User A false alarm fee shall be paid by the single residence alarm user to the City for each false alarm in excess of three (3) within a 12 month period beginning each year on the anniversary date this section became effective based on the following schedule. A false alarm fee shall be paid by all other alarm users to the city for each false alarm in excess of three (3) within a 12-month period from the date of registration or renewal based upon the following schedule: [ Alarms [ False Police Alarm Fee I False Fire Alarm Fee 8 1-3 $0 $0 4 $50 $100 5 $100 $200 6 or more $200 each alarm and $400 each alarm and possible suspension of possible imposition of police response service, fire watch. (2) False Alarm Fee - Alarm Company Where the responding police officer or fire district representative determines that a false alarm was caused by the on-site actions of an employee of the alarm company, a penalty of $100.00 shall be assessed against the alarm company with no corresponding false alarm fee being assessed against the alarm user. (3) Exceptions No false alarm fee shall be due and no alarm shall be deemed as a false alarm if it is shown that the false alarm was the result of damage to utility lines, tornadoes, lightning, earthquakes, or other such severe weather conditions. (4) Payment of Fees Payment of fees provided for herein shall be paid to the city within 30 days from the date of notice by the city to the alarm user. Failure to pay the fee within 30 days of notice will cause the alarm user to be considered delinquent and subject to a late payment penalty equal to ten (10) percent of the false alarm fee. (5) Outstanding Balances If an alarm user has an outstanding balance due the city that is 60 days past due, all delinquent charges will be certified by the city clerk to the county assessor who shall prepare an assessment roll each year. Each delinquent account will be charged an additional assessment fee of $25.00 as provided in section 14-1(2) for approval by the city council, the second Monday of October each calendar year. Any alarm user who has an outstanding balance at the time of renewal will not have their false alarm count reset to zero and will not be eligible for no fee false alarms for the following year unless the outstanding alarm balance is being formally appealed. If the appeal is denied, the outstanding balance and any other fees must be paid at the time of renewal in order to have the false alarm ordinance count reset to zero. (i) Right to notice and appeal. (1) Notice Written notice shall be provided to all alarm users notifying them of all false alarm responses to the premises and their status as a chargeable fee. The alarm user has the fight to request an informal hearing before the director of police, fire chief or their designee to appeal the false alarm fee. The request must be in writing and filed with the director of police or fire chief within 10 days of the false alarm notice. (2) Appeal Anyone aggrieved by the decision of the director of police, fire chief or their designee to affirm the false alarm fee may appeal that decision to the city manager by filing a written request for an appeal within ten (10) days of the date of that decision. The city manager's decision will be final. (j) Penalties. Any alarm user who fails to register an alarm system, after being given notice and ample opportunity, or any person who fails to pay any fees levied after given an opportunity to appeal is guilty of a petty misdemeanor. (k) Suspension of police response. (1) Notice of Suspension of Police Response Upon the occurrence of the sixth false burglary alarm from an alarm site within the alarm registration calendar year, or where the alarm user is more than 120 days overdue in their payment of false alarmfees, the alarm administrator shall serve in person, or by U.S. certified mail, the alarm user's designated contact person with written notification that effective fourteen (14) days from the date of the notice, the New Hope Police Department will not respond to a burglary alarm dispatch request from that site for the remainder of the alarm registration calendar year unless there is an in-person call for assistance from someone at or near the premises or other independent information that verifies the need for an immediate police response. The notification will include the reasons for suspension of police response and requirements for reinstatement. (2) Written Appeal of Suspension Notice Within seven (7) days from the date of the suspension notice, the alarm user may file with the alarm administrator a written appeal of the proposed suspension of police response explaining the steps taken to correct the problem, any facts pertaining to the overdue payment of fines, the facts and circumstances of the false alarms from this alarm site, and any other information relevant to the alarm administrator's proposed suspension of police response. Within five (5) days of the alarm administrator's receipt of the written appeal, and after reviewing the city's files for the alarm site, alarm user, and alarm 10 company, and all of the submissions of the alarm user, the alarm administrator shall issue a decision to confirm, suspend, or rescind the suspension notice and serve a written copy thereof on the alarm user's contact person by mail. (3) Suspension of Police Response Where an alarm user has failed to properly file a timely appeal of a notice to suspend or where the alarm administrator has issued a decision confirming a notice to suspend, the New Hope Police Department, in determining whether to make an immediate police dispatch and response to notification of a signal from that alarm user's alarm system, may disregard that burglary alarm dispatch request when the alarm signal is the only basis for making the dispatch request. Where there is, in addition to the alarm dispatch request, an in-person call verification from a person at or near the premises or other independent evidence showing a need for police dispatch to the alarm site, police may consider the suspension of police response as an additional factor in the decision to order an immediate response. (1) Reinstatement of Police Response. An alarm user whose police alarm response has been suspended may have police alarm response reinstated by the alarm administrator if they have complied with the alarm administrator's requirements including one or more of the following: (1) submits an updated application and the registration fee; (2) pays, or otherwise resolves, all citations and fees; (3) submits a certification from an alarm company stating that the alarm system has been inspected and repaired, if necessary, by the alarm company; (4) submits proof that an employee of the alarm company caused the false alarm; (5) files certification demonstrating that the alarm user has corrected operator errors causing the false alarm. (m) Fire Watch. The fire chief or his designee has the authority to require a fire watch after 6 false fire alarms within the alarm registration calendar year until corrective action is taken to eliminate the cause of the false fire alarm. A fire watch shall be established as follows: (1) Written notice to establish a fire watch and to disconnect or deactivate the fire alarm system shall be mailed by certified mail, return receipt requested, to the alarm user's designated contact person. The notice shall specify the date on which the alarm user shall be required to disconnect or deactivate the fire alarm system. The date shall be at least 15 days after the notice is mailed to the alarm user. The alarm user may appeal the order pursuant to section 8- 34(i) of this Code. (2) Each building affected because the signal from the fire alarm system has been disconnected or deactivated shall be required to establish a fire watch until 11 the fire alarm system has been returned to service. Duties of the fire watch shall include notifying the fire department and building occupants of an emergency, preventing a fire from occurring or extinguishing small fires. (3) The alarm user is responsible for paying all costs associated with establishing a fire watch. (4) The fire chief or his designee shall have the authority to direct the alarm user of the premises to silence an activated fire alarm system, have corrective action taken and thereafter, order the alarm system reset. (n) Reconnection of Fire Alarm System. A fire alarm system may be reactivated upon a finding by the fire chief that the alarm user of the premises has taken corrective action to remedy the cause of the false fire alarms at the premises. The findings shall be based on compliance with the following conditions: (1) In making a request for such reactivation, the alarm user shall have the burden of proving the corrective action was taken. (2) The fire chief, or his designee, shall inspect the fire alarm system and test it prior to approving a new order to reconnect or reactivate the fire alarm system. (3) A $50 inspection fee shall be assessed to the owner before any reconnection of a fire alarm system may be made. (4) The fire chief shall not approve a new order to reconnect or reactivate if the alarm user has failed to pay any fee pursuant to this Code. (5) The fire chief shall have the authority to require that a fire alarm system be brought into compliance with all current codes and standards prior to the fire alarm system reactivation or reconnection. (o) Enforcement and penalties. Enforcement of this ordinance may be by civil action and/or by criminal prosecution. (p) Confidentiality. Information contained in the registration application and applications for appeal is classified as security information as designated under the Minnesota Data Privacy Act, Section 13.37 and shall be handled accordingly by all employees or representatives of the city of New Hope or the West Metro Fire-Rescue District and by any third party administrator or employees of a third party administrator with access to such information. Section 2. Section 14-8(27) "Private Alarm System Registration Fee" is hereby added to the New Hope City Code to read as follows: 12 · ' ee" 14-8(27) "Private Alarm System Regnstrat~on F . a. Initial Registration Fee $25.00 b. Annual Renewal Fee (Not applicable to single residence alarm systems) $25.00 Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Datedthe 8th dayof September ., 2003. 'Do~C~oliier, Mayor Pro tem Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 18 th day of September ,2003.) P:~ttomey\Cnh Ordinances\Ordinance 03-05 Alarm Systems-final2.doc 13 ~ City of New Hope (Official Publication) ORDINANCE NO. 03-05 AN ORDINANCE AMENDING THE NEW HOPE news a-'e 'pprs REGISTRATION PROCESS FOR PRIVATE ALARM SYSTEMS PUBLICATION The City Council of~he City of New Hope ordains: AFFIDAVIT OF Section 1. Section 8-34 "Re~stration of Private ~ Svster~s" is hereby added to tlie New Hope City Code tc STATE OF MINNESOTA) read as follows: Sec. 8-34. Registration of Private Alarm Systems. SS. (al Purpose. The purpose of this section is to promote and COUNTY OF HENNEPIN) mainta~ the operational effectiveness and reliability oi private alarm systems, re&uce or e]Lm~nate false alarms a~d prevent unaecessary ~esponses by the New Hope po- Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief lice a~d the West Me~o Fke-Rescue District Unduly di- vez~ them from other law enforcement and fire protec- and has full aon activities. No~ng herein shall be construed to Sun-Post Financial Officer of the newspaper known as --, .p. ose any duty on the New Hope police deportment or the West Metro Fire-Rescue District to respond to alarm dis- knowledge of the facts stated below: patch requests, limit the discretion of the police depart- ment or fire district to establish response policies, or waive any applicable governmente] immunities. The city coun. (A) The newspaper has complied with all of the requirements constituting qualification as a cilofthecityofNewHopeherebymakesthefollowingfind- ings to regulate alarm systems within the city: qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable (~) ~"ae police depa~ment a~d fire dist~ct's response to false alarms has placed an intolerable burden upon the laws, as amended, t~me and resources of both departxnents. (B) The pdnted public notice that is attached was published in the newspaper once each week, (a2~) The police dep~ent's response to false alarms un- .uly diverts law enforcement resources from legitimate crrme prevention and [aw enforcement activities. The fire for one successive weeks; it was first published on Thursday, the 18 day of district's response to false alarms unduly diverts fire en- " forcement from legitimate fire protection and prevention activities. This threatens the health, safety and welfare of September , 2003, and was thereafter printed and published on every Thursday to and the city ofNew Hope and i~s citizens. including Thursday, the day of 2003; and printed below is a copy of the (bi Scope. Section 8-34, et al., governs alarm systems in- ' tended to summon fire protection and law enforcement re- sponse and thereby requires alarm system registration, lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the establishes fees, provides for penalties and-fees for viola- tions, establishes a system of administration, and sets con- size and kind of type used inthe composition and~~~,. _..~ __nuhli~-~ien~rTh~notice: ditions for suspension of police response and fire response: abcdefghJjklmn New Hope Code subsection 8-34 and are not applicable to any other sections of this Code: ~ -- ~ ~ ~ ~g~ ~ - i Il) Alarm Administrator: The director of police, or de- BY>/ o~.~..._)? signee, is responsible for the administration .... trol, and CFO review of the citfs false police alarm reduction efforts. The fire chief of the West Metro Fire-Rescue District, or de- signee, is responsible for the administration, control and review of the citfs false fire alarm reduction efforts. (2) Alarm Comoanv: The business of any individual, Subscribed and sworn ~o or affirmed before me pa~nership, corporation, or other entityinvolvingthesell- lng, leasing, maintaining, servicing, repairing, altering, re- ~.~*.~ _~, ~j~/ placing, moving, monitoring, orinstal]inganyalarmsys- on this c:~ day of, .2003. tem at an alarm site located within the city or causing to ~f~]~-~ ~i ~J~ ~ ~ be sold, leased, maintained, serviced, repaired, altered, re- placed, moved, or installed any alarm system in or on any Notary Public \ NOTARY PUBLIC,MINNESOTA MY COMMISSION EXPIRES RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 Der line for comparable space (2) Maximum rate allowed by law $ 6,20 Der line (3) Rate actually charged $ 1.40 per line ORDINANCE NO. 03-06 AN ORDINANCE AMENDING CHAPTER 7 OF THE NEW HOPE CITY CODE LICENSING DOG KENNELS AND CAT SHELTERS The City Council of the City of New Hope ordains: Section 1. Section 7-4 "Dog kennels and cat shelters" of the New Hope City Code is hereby amended to read as follows: Sec. 7-4. AnimalDeg kKennels, Animal Day Car . (a) License required nor Len«el „„,l c,,,sh,,ter: (1) Kennel license. No person shall maintain or operate any animal kennel or animal day care facility for dogs, cats or combination of both without a kennel-license. In no event shall akennel licenses be issued unless the property wherein the kennel or facility is to be situated is zoned "ICS” industrials business district under chapter 4. chapter-4, (b) Application. Applications for an animal kennel,-OF eat-shelter-or animal day care license shall be made upon forms provided by the city.—may (c) License fees. The license fee for an animal-deg kennel, -license ani-shelter or animal day care license shall be as prescribed in chapter 14. . .- - : : - - • -' .. .. . . . . - - .. . . - (d) License expiration. Each license shall expire on December 31, next following the issuance of the license. ( ) sfe bility of Il ~...~ ~, oh.~,,.~., h e Tran ra license..,,,,~,,.v'~-"'~l cerises ......... ,,..~ Eac licenses shall apply solely to the named licensee and shall not be transferable to any other person. ~ ,,.,,,~.~-~'. Deleted mh~ ~.;~*: ........ ~- ~ ~ ...... :~ ~-., (g) Standards for k, xxcl operatiOn. Every ~hcflity sh~l: (1) Fenced. Be enclosed or fenced ~ such ~er so as to prevent ~e running at large or escape of ~~als co~med ~ere~; (2) Cle~. Be operated ~ a cle~, he~y, s~t~, ~d safe con~tion, ~d a hm~e m~er; (3) Enclosed bu~g. Keep ~~s be~een the hours of s-~et ~d s~[se 9:~ p.m. to 6.00 a.m. ~ ~ enclosed bu~g; (4) Employees. The hcmt hUst Pr°vide at le~t one (1) h~dler/staff person at th~ hc[li~ dur~g re~lar bus,ess (5) Prevention of dis~rb~g ~e pe~ce. Be c~ed for, ma~ta~ed ~d h~ed ~ a ~er w~ch sh~l prevent noises, b~g, 2 fighting, or howling so as t° disturb the peace and quiet of the neighborhood · (6) Prevention of public nuisance. Be operated so as not to create a public nuisance. (h) Failure to operate the liCenSed ..... facility as provided hereunder shall constitute grounds for revocation of the license of such ....... facility. The determination by the cpuncil as to the manner of operation of any k-e-m~facility in relation to any of the said matters shall be presumptive proof thereof. 11 ' ' ~,', ,"1,', ~,~,'1 · ~ .... ; cat sfic!tcr:Cbxtr~!. Any licensed facffity (i) Inspections ......... and r~^,~, t- .... ~ ~,,n ,,~, ~,,~,~,.~ shall be open.for inspection by the city authorities at any time. ~:',:: · /.;\ 3 (t~j) Penalty. Violation of any of the provisions of this section shall be a misdemeanor. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated this 27 day of May ,2003. /~.-~_(~'~ ~._~ ~~ W. Peter Enck, Mayor ATTEST:._ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 5 day of June , 2003.) P:\Attomey\Cnh Ordinances\Ordinance 03-06 Animal Kerazels.doc 4 City of New Hope (Official Publication) ORDINANCE NO. 03-06 AN ORDINANCE AMENDING CHAPTER 7 oF THE NEW HOPE CITY CODE LICENSING DOG KENNELS AND CAT SHELTERS The City Council of the City o£ New Hope ordains: newspapers Section 1. Section 7-4 "Dog kennels and cat shelters" of the New Hope City Code is hereby amended to read as follows: Sec. 7-4. Animal~g b.I~ennels, Animal Day Care AFFIDAVIT OF PUBLICATION =~ (a) License reauired: ,~ .~:r`.;s~ :.-~d c~: z.~&::: : · STATE OF MINNESOTA) ~> .................. No person shall malntmn or operate any animal kennel or animal day care facility for dogs, cat~, or combination of both without a hzr`n;! license. In no SS. event shall _ahcrmd licenses be issued unless the property wherein the kennel or facility is to be situated is zoned "IC,.~" industriahcmmur~ty ~r`dmszs district under chap- COUNTY OF HENNEPIN) ter 4. -- Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief .... ======================================= ,event sh~ll :~t zh$1tc7 l-'ccr, zc~ kc hzuci unhZz iht Financial Officer of the newspaper known as Sun-Post , and has full7~ ...................................................... _'.:T5;'a.T:L~T_';.<:~:;.~.:%:: :C_L~U ;- 7;**',~ knowledge of the facts stated below: (b) Application. Applications for an animal_ kenp_elze,~t'~ thc!tar ar animal day care license shall be made uPon (A) pli The newspaper has cpm ed with all of the requirements constituting qualification as a £orms provided by the ciby. qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable ~=: .... laws as amended (B) The printed public notice that is attached was published in the newspaper once each week, ' (c) License fees, The license fee for an animal dog kenuel, for one successive weeks; it was first published on Thursday, the 5 day of 'dear`sc ar.~ a cat shahs: or animal dav care license shall be as prescribed in chapter 14. ~.ks !'hs.-.cc fcc f.;z day June ,2003, and was thereafter printed and published on every Thurs to and including Thursday, the day of 2003; and printed below is a copy of the (d) License expiration. Each license shall expire on De- ' cember 31, next following the issuance of the license. lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the (e) ~ransferaFi~ity of ~ice~se..'C=r`;'~ ~=r`s= =r`~ ~ ,'~// chthc~' Each licenses shall apply solely to the named ii- size and kind of type used in the composition otice: censee and shall not be transferable to any other person. t (f) Number. m~_ .......... ~ _ abcdefghijklmnopqr~tu ~. -- n:~ttc~ ky this zc:t~r` ts tc hcpt ir. a liccnzzd hcr`r`c! s.kall kc tan, ar`d '~c ma:-d:r.r`m numkcr cf cats pcs-ri!trod by (g) Standards for ~s7;=c! operation. Every hanna!facility · CFC ~ shall: (1) Fenced. Be enclosed or fenced in such manner so as to prevent the running at large er escape o£~g~anim~s;~on- fined therei~ fo (2) ~lean. )~perated in a clean, healthy, sanitary,~d safe condition, ~d a humane manner; Subscribed and sw(~£n J~ or afffirmed~ re me (3) Enclosed b~ildinm Keep ~animals between the hours ofcur`c[~ ~k:l sur. rhc 9:00 pjn~ a.m. in ah <tl, ~.. )~ ~ i ('~ k-~ /J -%,_~~~ ~(4) Employees. The facility must nrovide at least one (1) handler/staffoerson at the facility durin¢ recular business l hour~ ......... ar.~ ~c ..... ~ ~ -- lLi.iLUTLL'5217 2.Z ...... Z;iiL.S _TS.-_7'_~ ......... NOT^~¥ MY PUBLIC-MINNE~OTA !~ ................................................ RATE INFORMATION ~ ............................................. a of (1) kow~t cl~ifi~ rote paid by commemial usem $ 2.85 per line (5) Prevention ofdiSturb~g th ..... Be cared for, main- for comparable space t~ned and h~dled ~ a m~ner w~ch shall prevent nois- es, baring, fighting, or howl~g so as to disturb the peace and quiet of the neighborhood. (2) M~imum rote allowed by law $ 6.20 ocr line (~) P ..... ~on of nubhc nu~ .... Be operated so ~ not m crea~ a public nnis~ce. (3) Rate actually charged $ 1.40 per line ~ FMlure to overate ~e hce~ed ~ ..... c[facilitv ~ pro- ~ded hereunder shM1 constitute ~ounds for revocation of ~e license of such kcxr`dfac~ity The dq~rmina~on by the council as m the manner of operation of~v ~ ..... ~¢a- ~ in ~o~ao. ~o ~.y of th~ ~id m~to~ su~tive proof thereof ~cz, fightin; zr hzwli=~ cz az tz aizturh rtz -zazz and ORDINANCE NO. 03-07 AN ORDINANCE EXTENDING MORATORIUM ON DOG KENNEL AND CAT SHELTER LICENSES IN THE CITY The City Council of the City of New Hope ordains: Section 1. Section 1-50) "Temporary Prohibition of Dog Kennel and Cat Shelter Licenses" of the New Hope City Code is hereby amended to read as follows: Section 1-50). Temporary Prohibition of Dog Kennel and Cat Shelter Licenses. Pursuant to Minn. Stat. Section 462.355, Subd. 4 a total City-wide prohibition is hereby imposed until Apr-it-June 30, 2003 on the application for and issuance of a dog kennel or cat shelter license under Chapter 8 of this Code or for any building and occupancy permits under Chapter 3 of this Code, text changes, variances, conditional use permits and rezoning requests under Chapter 4 of this Code and subdivision requests under Chapter 13 of this Code for any construction, use, development or subdivision of all residential, commercial and industrial zoned properties as a dog kennel or cat shelter in the City of New hope. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 14th day of April ,2003. W. Peter Enck, Mayor Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 24th day of April , 2003.) P:\Altomey\Cnh Ordinances\Ordinance 03-07.doc City of New Hope - (Official Publication) oP.n~CE ~o. o~ ~ oPera, cE O~Z~mGMOP~TOmU~ ON DOG KENNEL AND CAT SHELTER 'LICENSES iN'r~ CITY The City Council of the City of New Hope ordains: soc.o L Se ion " e aor o bition Kennel and Cat Shel~er Licenses" o~' the New Hope City Code is hereby amended to read as follows: AFFIDAVIT OF PUBLICATION Section 1-5(j). Temp0rarv Prohibition of Do~ Kennel and Ca~ S_hel~r Licenses. Pursuant ~o Minn. Stat. Section 4~2.355, Subd. 4 a ~tel City-wide prohibition is herebyim- STATE OF MINNESOTA) pe~d until .*~ June 30, 2003 on the application for and issuance cfa dog kennel or cat shelter license under Chap- ter 8 of this Code or for any building and occupo:ncy per- SS. mits under Chapter 3 of this Code, text changes, variances, conditional use permits and rezoning requests under COUNTY OF HENNEPIN) Chapter 4 of this Code and subdivision requests under Chapter 13 of this Code for any construction, use, devel- Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief opment or subdivision of all residential, commercial and . industrial zoned properties as a dog keanel or cat shelter Financial Officer of the newspaper known as Sun-Post , and has full ~. t~e city of New hope. Section 2. Effective Date. This Ordinance shall be effec~ knowledge of the facts stated below: tive upon its passage and publication. Dated the __ day of 2003. (A) The newspaper has complied with all of the requirements constituting qualification as a W. Peter Enck, Mayor qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable Attest: Valerie Leone, City Clerk laws, as amended. (April 24, 2003)P2/Ord 03-07 (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Thursday, the 24 day of April ,2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of ,2003; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: Subscribed ;tnd sworn,,tq or affirmed ~efore me MY COMMISSION EXPIRES 'l..~[.200~ RATE INFORMATION (1) Lowest classified rate paid by commemial users $ 2.85 _Der line for comparable space (2) Maximum rate allowed by law $ 6.20 _Der line (3) Rate actually charged $ 1.40 per line ORDINANCE NO. 03 - 08 AN ORDINANCE ADOPTING GAS FRANCHISE The City Council of the City of New Hope ordains: Section 1. Section 12-10. "Gas Franchise" of the New Hope City Code is hereby amended by to read as follows: 12-10. "Gas Franchise". 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 prior to its expiration. The current gas franchise appears in Appendix G of the City Code o~, ...... f~. f~. .... ~, .... ,.: ....... ~, .... ~.. :.. r,~.~..f~.. ~ '~ ..~, ,~,.~ r,..~.~v Section 2. Appendix G idemified as "Ordinance No. 84-9" of the New Hope City Code is hereby repealed in its entirety and a new Appendix G, identified as "Ordinance No. 03-08", is hereby added to read as follows: APPENDIX G ORDINANCE NO. 03-08 AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO, A DIVISION OF MINNEGASCO ENERGY RESOURCES CORP., A DELAWARE CORPORATION, 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, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF 12-10. Gas Franchise. · (a) Franchise History and Location in Ci~ 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. Reference to tile 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. CenterPoint Energy Minnegasco, a division of CenterPoint Energy Resources Corp., a Delaware corporation, its successors and assigns including all successors or assi~s that own or operate any part or parts of the Gas Facilities subject to this franchise. (5) 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 gas energy for public or private use. (6) 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 bv the Company; or c. Purchased from another source by the retail customer and delivered by the Company. (7) Non-Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities. (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 Minnegasco, V.P., Regulatory & Supply Service, 800 LaSalle Avenue, 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) Public Way. Public right-of-wag within the City as defined in Minn. Stat. § 237.162, subd. 3. (10) 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. (11) ROW Ordinances. "ROW Ordinances" means: a. The City's Right of Way Management Ordinance located at Section 6-14, et. seq. of the City Code; b. All other applicable City ordinances and regulations; and c. All other applicable permit procedures and customary practices of the City. (c) Adoption of Franchise. (1) Gram of Franchise. City hereby grants Company, the right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. · (2) Commencement of the Franchise Duration. The franchise duration shall commence running on the date this Ordinance is passed and approved by the City, (3) Franchise Duration. The franchise shall run for 5 years from the commencement date. (4) 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 by Company. If Company does not file a written acceptance of this franchise as passed by the City with the City within 60 Days after the commencement date this Ordinance shall be deemed refused. Upon refusal the City Council may either repeal this ordinance or seek its enforcement in a court of competent jurisdiction. (5) Automatic Renewal of the Franchise Duration. The franchise duration shall automatically renew for an additional 5 years on the fifth, tenth and fifteenth anniversaries of the commencement date unless notice is given to the contrary. Notice of non-renewal must be in writing. Either the City or Company may give notice of non-renewal. Notice of non- renewal must be given at least 90 days prior to the end of the then current franchise duration. (6) Expiration Discussions. On the nineteenth anniversary, of the commencement date the parties will meet and discuss renewal of this franchise agreement. (7) Gas Facilities. 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. (8) Use of Franchise. Subject to the City's lawful regulation, Company may do ail reasonable things necessary or customary to accomplish the purpose of this franchise. "Lawful regulations" mean: a. All City ordinances as they exist at the commencement of this franchise; b. All future amendments to current CiW ordinances (subject to the notice and negotiation provisions of this franchise); c. All future new City ordinances (subject to the notice and negotiation provisions of this franchise); and d. The permit procedures and customary practices of the City. (9) Ordinance Changes. The Company shall be notified 60 days in advance of proposed changes to Section 6-14, et. seq. of the City Code. If such change interferes with this franchise, the City and Company shall negotiate in good faith to reach mutually acceptable claanges. If the City and Company are unable to agree, disputes will be handled under the terms of Dispute Resolution Section of this Ordinance. Changes enacted prior to completion of the dispute resolution provided for in this franchise shall be effective as to all persons, entities and other franchises, but shall only become effective as to this franchise upon completion of and in accordance with the dispute resolution. Lack of notice shall not be a defense to non-compliance with a change that does not interfere with this franchise. (10) Ordinance Conflicts. If a provision of ROW Ordinances conflicts with a provision on the same subject in this Ordinance, this Ordinance will control. (11) Non Exclusive Franchise. This ordinance does not grant an exclusive franchise. (12) Legai Fees. Each party is responsible for its own legal fees incurred related to granting of this franchise. (13) Service and Gas Rates. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Commission. (14) Publication Expense. The expense of publication of this Ordinance shall be paid by Company. (15) Dispute Resolution. If either party asserts that the other party, is in default in the performance of any obligation hereunder, the complaining party shail notify, the other party of the default and the desired remedy. The notification shail 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 franchise or for such other relief permitted by law. (16) Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the twentieth anniversary of the commencement date, this franchise 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 franchise to expire. (d) Location, Other Regulations. (1) Location of Facilities. Subject to ROW Ordinances, Gas Facilities in the Public Ways and Public Grounds shall be located, constructed, and maintained so as not to disrupt normal operation of any City Utility System, customary, traffic, travel and the use of the Public Way and Public Ground. Gas Facilities may be located on Public Ways and Public Grounds as determined by the City. (2) 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 Public Ground, the Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for two (2) years 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 three (3) business days, have the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City. the cost of such work done for or performed by the City, including administrative expense and overhead, plus ten percent of cost and administrative expense. This remedy shall be in addition to any other remedy available to the CiW for noncompliance with this Section. (3) Non-Waiver of Performance Security. The City reserves ali rights under ROW Ordinances to enforce Company performance requirements for work in the Public Way or Public Ground. (4) Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. (e) Relocations. (1) Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways and upon Public Grounds shall be subiect to ROW Ordinances and shall comply with any other applicable City ordinances. City. may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ways or from Public Grounds upon a finding by City that the Gas Facilities have become or will become an impairment to the existing or proposecl use of the Public Ways or Public Grounds. (2) 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 state trunk highway project shall be governed by the provisions of Minnesota Statutes Section 161.46, as supplemented or amended. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is improved or maligned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless agreement is made that the reasonable Non-Betterment Costs of such relocation and the loss and expense resulting therefrom will be paid to Company when available to the City. The City need not pay those portions of such for which reimbursement to it is not available. (3) No Waiver. The provisions of Section (e) apply only to Gas Facilities: a. Located on Public Ways; b. Located on Pubic Grounds; c. Constructed in reliance on a permit or franchise from City, or d. Maintained in reliance on a permit or franchise from City. Company does not waive its rights under an easement or prescriptive right or State or County permit. (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. Franchise Fees. The City reserves all rights under Minn. Stat. § 216B.36, to require a franchise fee at any time during the term of this franchise. If the City elects to require a franchise fee it shall notify Company. The franchise fee shall be set forth in a separate ordinance. The separate ordinance adopting a franchise fee shall not be adopted until at least 60 days after Notice of the proposed ordinance has been served upon the Company. (h) Limitation on Applicability; No Waiver. 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 franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liabili~ under Minnesota Statutes, Chapter 466. (i) Amendment Procedure. Either party to this franchise agreement may at any time propose that the agreement be amended. This 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 60 days after the effective date of the amendatory ordinance. An ordinance passed by the City for the purpose of updating City Code references to Minnesota Statutes or other laws shall not constitute an amendment to this franchise. (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. (lc) Indemnification and Defense. The Company shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions (including reasonable attorneys' fees incurred by the City) on account of injury or death of persons or damage to property occasioned by the construction, maintenance, repair, removal, or operation of the Company's property located in, on, over, under, or across the Public Ways or Public Ground of the City, unless such injury or damage is the result of the negligence of the City, its elected officials, employees, officers, or agents. The City shall not be entitled to reimbursement for its costs incurred prior to notification to the Company of claims or actions and a reasonable opportunity for the Company to accept and undertake the defense. If a claim or action shall be brought against the City under circumstances where indemnification applies, the Company, at its sole cost and expense, shall defend the City. if written notice of the claim or action is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. The Company shall have complete control of such claim or action, but it may not settle without the consent of the City, which 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, and the Company in defending any action on behalf of the City shall be entitled to assert every defense or immunity that the City could assert in its own behalf. (1) Severabili~.. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected. (m) Additional Costs. Company shall reimburse City for any additional costs incurred by the City under the following circumstances: a. The additional costs are caused in part by inaccuracies in information provided by Company to City regarding the placement of Gas Facilities; and b. The additional costs could have been avoided or reduced had the information provided to the City been accurate. This provision specifically contemplates, but is not limited to, additional costs incurred by the City due to delays in construction projects because Gas Facilities could not be accurately located in advance. In the event that the Gas Facilities are not the sole cause of any such additional costs, the additional costs shall be pro rated by the City in a reasonable manner and the Company shall only be liable for its pro rated share. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication and in accordance with its terms. W. Peter Enck, Mayor Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 1st day of May , 2003. P:~Attomey\Cnh Ordinances\Ordinance 03-08.doc City of NewHope (Offleial Publication) ORDINanCE NO. 03~- 08 rr ws a-er ~e Ci~ Council of ~e City of New Ho~ o~s: A FFI DAVIT O F PO B LICATIO N Section 1. Section 12-10. "Gas Fr=c~se" of~e New Ho~ City Code is hereby ~ended by ~o read ~ follows: STATE OF MINNESOTA) 1'~-10. ;'Ga~ ~chi~". A fr~c~se to' the ~M~apoHs Gas Comp~ was passed by-the co~cil as C~aPter 85, Or- · ~ce 62-12~ on NSvem~r 2?, 1962, published ~ ~e of- SS. fi~a] newspaper dn J~aaw 17,1963, ~d ac~Eby the ~nneapo~s Gas Comp~ COUNW OF HENNEPIN) ~c~ise e~ired by..ifs te~s on J~u~ 1,1983but was renewed by Or~n~ce No. 84-9. ~e.~e .. ~d b- Richard Hendrickson, being duly ~orn on an oath states or affirms, that he is the Chief June:30..2003*bu~wasreolace&bv*Ordi~>~N0.~-0~ ~Hor ~ Anuend~ G of ~e Ciw C~ ' Financial Offi~r of the newspa~r known as Sun-Post , and has full ...~ knowledge of the facts stated below: (A) ~e newspaper has complied wRh all of the requirements contouring qualification as a SeXton 2. Appen~ G iden~fied ~ "~n~ce No. 8~9" of ~e New Ho~ City Code is h~eby repe~ed in its eh- qualified newspaper, as provi~d by Minn. Stat. {331A.02, {~1A.07, and other applicable ~e~danewAppendixGAdent~ed~"O~ceNo. 03-08". is he.by add~ to ~ad ~ follows: laws, as amended. (B) The printed public notice that is aEached was published in the newsp~er once each wee~ o~m~ No. ~.~ for one successive weeks; it was first published on Thumday, the 1 day of ~ O~C~C~TZ~C C~O~T ~NS~- GY MINNEG~CO. A ~SION OF MIN~GASCO' ENERGY RESOURCES CO~.. A DET,AW~ CO~O- May ,2003, and was thereaEer printed ~d puUished on ~e~ Thumday to and ~TION. ITSSUCCESSO~ASSIGNS. ANO~- CLUS~ F~CHISE TO CONSTRUCT. OPE~TE, including Thumday, the day of ,2003; and p~nted below is a copy of the - lower case alphabet from A to Z, both inclusive, which is hereby a~owled~ as being the size and kind of ~pe used in the ~m~s~ion andyne noti~: / Subscribed and sworn,to or affirmed I~efore me , /~his / day o,~~200~ Nota~_ ~ ~ ~ MERIDEL M. HED~OM .j RATE INFORMATION (1) Low~t classified rate paid by commercial usem $ 2.85 per line for comparable space (2) M~imum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line ORDINANCE NO. 03-09 AN ORDINANCE CONFORMING THE NEW HOPE BUILDING CODE AND FIRE CODE TO 2003 AMENDMENTS TO STATE BUILDING AND FIRE CODE The City Council of the City of New Hope ordains: Section 1. Section 3-1(a)(1) "Building, Plumbing, HVAC and Grading Permits" of the New Hope City Code is hereby amended to read as follows: 3-1(a)(1) "Building, Plumbing, HVAC and Grading Permits". Building, plumbing, heating, ventilating and air conditioning, and grading permits shall be issued, inspections conducted, and fees collected as prescribed by Minn. Stat. § 16B .62, r~*.,~..,~},~,,.n~ I ,,~*' ~'~,~,~ ~.._.cm'~, T,_,,_,,~,m r~ and Minnesota Rules Ig95.010~ 1300.0120 and 1205.017 1300.0160 as adopted pursuant to Section 3-2(a) of this Code. In addition, issuance of plumbing permits are conditioned upon the following: Section 2. Section 3-1(a)(3)(b) "Permit Requirements" of the New Hope City Code is amended by amending subsection 3-1 (a)(3)(b)(5) as follows: 3-1(a)(3)(b)(5) That the applicant's equipment is ~msafe and that persons and property would not be endangered by its use; Section 3. Section 3-2(a)(1) "Mandatory_ Enforcement Provisions" of the New Hope City Code is hereby amended to read as follows: 3-2(a)(1) "Mandatory_ Enforcement Provisions". The following chapters of Minnesota Rules shall be enforced and administered without change by the City as mandatory provisions of the Minnesota State Building Code: a. Chapter 1300 - Minnesota 8tale-Building Code Administration b. Chapter 1301 - Building Official Certification c. Chapter 1302 - State Building Code Construction Approvals d_ Chapter 1303 - Special Provisions de. Chapter 1305 - Adoption of the 1997 Un/fc~ International Building Code (hereafter ~r!B_ C). The adoption of this chapter specifically includes ~r~_C Appeadi-x-Mandatory Chapters 2 through 10, 12 through 29, 31 through 33 and 35 except as qualified by the applicable provisions in Minnesota Rules Chapter 1300 and as amended by Minnesota Rules Chapter 1305. 1 ~..~. Chapter 1307 - Elevators and Related Devices h_ Chapter 1309 - Adoption of the International Residential Code (hereafter IRC). The adoption of this Chapter specifically includes the IRC Chapters 2 through 10, 43 and Appendix Chapter K, except as qualified by the applicable provisions in Minnesota Rules, Chapter 1300. i. Chapter 1311 - Minnesota Conservation Code for Existing Buildings. The adoption of this Chapter incorporates by reference Chapters 1 through 6 of the 2000 Guidelines for the Rehabilitation of Existing Buildings (GREB) as promulgated by the International Conference of Building Officials, Whittier, California. Appendices 2, 3 and 4 of GREB are deleted and not made part of this Code or the MSBC. Also, the guidelines which include Resources 1 through 6 shall not be adopted as part of this Code, except GREB Resource 2 as referenced in GREB §504.1 f-,.h Chapter 1315 ~ cma · -.._..,Adoptlon of the National Electrical Code (NEC) g~k. Chapter 1325 - Solar Energy Systems h-,l_ Chapter 1330 - Fallout Shelters ib.m. Chapter 1341 - Minnesota Accessibility Code t~.n. Chapter 1346 - 1991 Unifo~-rn Minnesota Mechanical Code (J, JMG) ko: Chapter 1350 - Manufactured Homes m.p. Chapter 1360 Prefabricated r~..:~,~:_~. - ~ ....... ~,oStructures mq. Chapter 1361 - Industrialized/Modular Buildings o,.r. Chapter 1370 - Storm Shelters (Manufactured Home Parks) p,s. Chapter 4715 - Minnesota Plumbing Code q;t. Chapters 7670, 7672, 7674, 7676 and 7678 - Minnesota Energy Code 2 Section 4. Section 3-2(a)(2) "Optional Enforcement Provisions Adopted" of the New Hope City Code is hereby amended to read as follows: 3-2(a)(2) "Optional Enforcement Provisions Adopted". The following chapters of Minnesota Rules, representing optional provisions of the Minnesota State Building Code as provided in Chapter 1300.00602900, are hereby adopted by the City without change and shall be enforced and administered by the City as a part of the State Building Code for the City: t~.a_ Chapter 1306 - "Special Fire Protection Systems". The adoption of this Chapter shall specifically include the adoption of Chapters 1306.0020, Subpart 2 and 1306.0030(E.)(1). represcn n -,v ....... ~, .........................................~, ,~ ~grading, Appendix Chapter K, 2001 Supplements to the IBC c_ Chapter 1335 - Floodproofing Regulations, parts 1335.0600 to 1335.1200 Section 5. Section 3-22(a) "Application, Administration and Enforcement" ofthe New Hope City Code is hereby amended to read as follows: 3-22(a) "Application, Administration and Enforcement". The application, administration, and enforcement of the Minnesota State Building Code in the City shall be in accordance with Minnesota Statutes Chapter 16B and all applicable Minnesota Rules to the enforcement of the MSBC, specifically including Chapters 1300 and 1305. The City C~ Minnesota Statutes 16B.65, shall appoint a Building Official who shall attend to all aspects of Building Code administration. The City's Community Development Department shall be authorized enforcement agency of the City. Section 6. Section 3-22(c) "Adopted Code and Rules on File" of the New Hope City Code is hereby amended to read as follows: 3-22(c) "Adopted Code and Rules on File". One copy of the 4-ggT-IggG-2000 IBC and IRC and one copy of the Minnesota State Building Code, effective as of©ctober 5, ~ ~._.~March 31, 2003, each marked as the Official Copy are filed for use and examination by the public in the office of the City Clerk as provided by Minnesota Statutes 471.62. Section 7. Section 3-25(a) "Design Requirements" of the New Hope City Code is hereby amended to read as follows: 3-26(a) "Design Requirements". In all districts,~,,~,,~,~+ rm,_,,_, ,...,~"'~ r-_T,~., all principal buildings (hereinafter "building") must be designed by a Minnesota registered professional engineer or 3 a Minnesota registered architect per the requirements of Minnesota Rules Chapter 1800 and Minn. Stat. Chapter 326 (2002). Those aspects of a building plan which relate unambiguously to the formulation of the aesthetic design and the solution of the architectural problems of a structure must be prepared by or under the direct supervision of a registered architect. Section 8. Section 9-10(b) "Conflict with UBC" of the New Hope City Code is hereby amended to read as follows: 9-10(b) "Conflict' With' Tror~u~...MSBC,,. In the event of any conflict between this Code and the T T~ ~ ~ ' .......... Minnesota State Building Code (?2~CMSBC.), as adopted by the City of New Hope, the applicable requirements of the Lr~C MSBC shall govern. Section 9. Section 14-2(1)(b) "Plan Check and Inspection Fee Amount" of the New Hope City Code is hereby amended by amending subsection 14-2(1)(b)(3) as follows: 14-2(1)(b) "Plan Check and Inspection Fee Amount". 3. Reinspection fee assessed under prc, vis;~c.n~ c,f ~*~^~ ~t~t~ ^r **.8 Trot' $47.00 per hour. Section 10. Section 14-2(6) "Grading Permit and Plan Check Fee" of the New Hope City Code is hereby amended by amending the inspection and reinspection fees to read as follows: Inspections outside of normal business hours, per hour $4-347.00 per hour (minimum charge - two hours). Reinspection fee assessed trader ..... vA,-, ~o~.,~,;~; .... ,~*' ~,,,,,~,,.e ~,:~ $4-247.00__ per hour -m~r,.~ ~c**.~ · mt- each reinspection. Inspection for which no fee is specifically indicated, per $4-247.00 per hour hour (minimum charge - one-half hour). Section 11. Section 9-2 "Fire Prevention Code" of the New Hope City Code is hereby amended by amending subsection 9-2(a) "Adoption" to read as follows: 9-2(a) "Adoption". There is hereby adopted by the City the Minnesota Un/fo~wn State Fire Code (M~SFC) including all supplements and subsequent amendments. The purpose of this action is for prescribing regulations governing conditions hazardous to life and property from fire, maintenance of bu/ldings and premises, explosion and other like emergencies. The M~SFC incorporates by reference the ~ a~'mcm Edition of the ,_,ni~o.wn International Fire Code (~IFC) published by the International Code Congress r~.r ....... ,'~,,;~.~;. ~ r~rc,~; ~ ~..~ ,h~ ur,~,~ v~ ~,,;~,'~ , .... ;~*:^~ ~"'~ ~ amended by th St fMinn togethe ............................................. e ate 0 es0ta, r with appendices B, C, DandFofther~C~ ~ ^ ~,.r~ . ^ ~,.r~ mr- n~ ^ V ^ xrT ~, r}x,.r~ o.,a Protection A;;oci~ion. The IFC incorporates by reference Chapter 58 of the National Fire Protection Code, 2001 Edition (NFC), as amended by the MSFC. All references to the NFC herein shall be to the 2001 Edition as provided by Minnesota amendments to the IFC. Not 4 less than one (1) copy of each has been and is now filed with the Clerk of the City of New Hope. The same are collectively hereby adopted and incorporated as fully as if set out at length herein, save and except such portions as are hereinafter deleted, modified or amended, and from the effective date of this section shall take effect in the City. Section 12. Section 9-3 "Organization, Amendment of UFC" of the New Hope City Code is hereby amended to read as follows: 9-3 "Organization, Amendment of UFCMSFC". The L~CMSFC, as adopted herein, shall be administered and enforced by the West Metro Fire-Rescue District as established by Section 2-26 of this Code. All references to and duties of the Bureau of Fire Prevention, the Fire Marshal, Fire Inspectors and required reports shall be governed by the West Metro Fire- Rescue District and not the,.~ yr~;~". :. 1` ~.~1` ...... .~.~ 1`.. +1`~ .~1 ~+;^. ~,'~ Section 13. Section 9-8 "Flammable Materials, Supplementation of UFC" of the New Hope City Code is hereby amended to read as follows: ..,~ ,..MSFC as adopted I 9-8 "Flammable Materials, Supplementation of LrFCMSFC''. The ~ herein is hereby supplemented by the addition of the following subsections 9-8(1)-(4). 5 I Section 14. Section 9-8(1) "Storage of Flammable Liquids in Outside Above-Ground Tanks" of the New Hope City Code is hereby amended to read as follows: 9-8(1) "Storage of Flammable Liquids in Outside Above-Ground Tanks". The limits "70 <t~l referred to in Secticn ...... Chapter 34 (Flammable and Combustible Liquids) of the L~CMSFC in which storage of flammable liquids in outside above-ground tanks is prohibited, are hereby established as follows: All areas zoned "R-I, R-2, R-3, R-4, R-5, R-0, B-l, B-2, B-3, B-4". Section 15. Section 9-8(3) "Bulk Storage of Liquefied Petroleum Gases" of the New Hope City Code is hereby amended to read as follows: 9-8(3) "Bulk Storage of Liquefied Petroleum Gases". The limits referred to in NFC 58 in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: All areas zoned "R-l, R-2, R-3, R- 4, R-5, R-0, B-l, B-2, B-3, B-4". Also, in all R zoned districts storage shall not exceed 100 pounds unless authorized by a conditional use permit in accordance with Chapter 4 of the City Code. Section 16. Section 9-8(4)(a) "Capacity" of the New Hope City Code is hereby amended to read as follows: 9-8(4)(a) "Capacity". The aggregate capacity for storage or use of Liquefied Petroleum Gas (LPG) within 25 feet of any one building shall not exceed 100 pounds. Additional containers not in use maybe stored on the construction site, but shall be secured in such a manner so as to insure they remain in an upright position and reasonably flee from tampering or damage. Containers of 100 pounds or less shall not be stored in groups exceed 10 containers with at least 25 feet separating each group. Total storage capacity shall not exceed 2,500 pounds. Containers exceeding 100 pounds shall be regulated by the provisions of the Section 17. Section 9-8(4)(b)(1) "Plans for the Tank Location and Storage Facili _ty" of the New Hope City Code is hereby amended to read as follows: 9-8(4)(b)(1) "Plans for the Tank Location and Storage Facility". Plans for the tank location x, and storage facility shall be submitted to the ........ Fire-Rescue District and to the State Fire Marshal's Office where necessary for approval prior to operation. Such approval shall be given with due regard for: (i) nature of adjoining land use or occupancy (ii) proximity of adjacent buildings (iii) the existence of any other unusual conditions. Section 18. Sections 9-8(4)(c)(d) and (e) "Piping and Distribution", "LPG Hose" and "Storage Tanks" of the New Hope City Code are hereby amended to read as follows, respectively: 9-8(4)(c) "Piping and Distribution". All distribution and supply piping shall be Fire Code approved steel pipe or copper tubing. All piping shall be protected fi:om damage from falling 6 objects and vehicular traffic. Piping shall be supported every 10 feet. Distribution piping within the building shall be pipe or tubing, meeting the requirements set out in the NFC 58 Sec. 2-4.2 and 2-4.3 and be provided with all necessary valves and fittings. Piping shall be installed on each floor and protected as the building progresses to additional floors and areas. If more than one appliance is used on any one floor, a manifold with appropriate valves shall be provided. Until such time as valves have piping extended they shall be plugged. 9-8(4)(d) "LPG Hose". All flexible (LPG) distribution hose shall meet the requirements set out in NFC 58 Sec. 2-4.6. Hose length shall meet the requirements set forth in NFC 58 Sec. 3-4.2.3 and shall not pass through any partitions, walls, ceilings or floors. No hose shall be concealed from view or used in concealed locations. 9-8(4)(e) "Storage Tanks". All system storage tanks shall be installed on non-combustible piers and in a workman-like manner so that tanks with bottom openings, valves and piping will not rest on the ground and will be accessible in an emergency. (NFC No. 58, Sec. 3-2.3). Section 19. Section 9-9(3) "Permits for Certain Open Burning" of the New Hope City Code is hereby amended by renumbering said Section to 9-9(1) and to read as follows: (-3-)9-9(1) "Permits For Certain Open Burning". [ A 11 ..... A ' " a. "Open Burning ......... Construction . Open c,~ ,- ......... ,: .... ~ ........ ......... j or burning for the purpose of thawing frozen ground or maintaining interior structure temperature in connection with construction projects ~ r4r-esZr)-shall be allowed. Such burning shall be considered temporary_ heat and shall require a special hazards permit before installation from the City Building Official subject to approval by West Metro Fire-Rescue District. All installations must be in compliance with MSFC § 1403. No permit is required for arty temporary_ heating with a cylinder size of 20 lbs. or less. i~ b. "Open Burning Pcnnitc, Recreational". Open burning shall be allowed for recreational purposes without a permit. This shall include campfires, ceremonial fires or cooking fires, subject to the following regulations: 1_ Recreational fires shall not be used for disposal of yard waste, construction materials, or common household trash. Fuel for recreational fires shall only be aged, dry_ firewood. 2. Recreational fires must be in an approved outdoor fireplace or pit. Fire pits must be at grade or below and no more than 3 feet in diameter. 3-- Recreational fires shall be kept a minimum of 15 feet from any 7 structure or combustible materials. 4_ Recreational fires shall not be allowed if winds exceed 7 miles per hour. 5_ Recreational fires shall he constantly attended by the property owner or designated adult until the fire is completely extinguished. A garden hose or other adequate means of extinguishment shall be available within 15 feet of the fire for emergency purposes. 6_ When prohibited by action of the Minnesota Department of Natural Resources, recreational fires shall not be permitted. 7_ Recreational fires shall be extinguished no later than 11:00 p.m. 8-- It is prohibited to use an open flame, liquefied-petrole'um gas (LP) or charcoal cooking device on any vertical apartment balconies or patios. No person shall kindle, maintain or cause any fire or open flame on any apartment balcony above ground level or ground floor patio immediately adjacent to or within 10 feet of any combustible construction. No person shall store any fuel, barbeque torch or other similar heating or lighting chemicals or device in either of the above locations. This section does not apply to one and two family dwellings. 9_ At the discretion of the fire official, any recreational fire not adhering to the above regulations and/or that poses a dangerous condition shall be considered a public nuisance and shall be immediately extinguished. Any person or persons who fail to comply with these conditions shall be guilty of a misdemeanor. 8 corporation.;ssued an open Section 20. Section 9-9(1) "Intentional Structure Burning" and Section 9-9(2) "New Materials Requiring a Permit" and Section 9-9(4) "Multiple Permits; May Be Combined" of the New Hope City Code are hereby deleted in their entirety and new Section 9-9(2) "Cleaning Permit for Commercial Cooking Ventilation Systems" is hereby added to read as follows: "T~+,~+.;,.-,~,~l ~+~.,~+,.~ D,.~;~~ A... ~^~ A~;-,4~ +~ h~.,~ +h~ 1:2;~ T~.~+~- ;-- 9-9(2) "Cleaning Permit for Commercial Cooking Ventilation Systems". (Section 609.1 MSFC) Any person cleaning a commercial cooking ventilation system including hoods, ducts, filters or other grease removal dev/ses or component parts for removal of combustible grease must first obtain a permit fi:om the New Hope Building Official. Permits must be obtained a minimum of three days prior to starting work. Upon completion of cleaning, the West Metro Fire-Rescue District shall be notified for inspection and approval of work. Section 21. Section 9-9(5) "Fire Control Costs" of the Hew Hope City Code is hereby renumbered Section 9-9(3) and shall read as follows: 9-9{-5-)(3) "Fire Control Costs". Every person, firm or corporation that is not a resident of the City or the owner of real property in the City subject to real property taxes, shall be liable for all fighting or preventing the spread of, or extinguishing any fire caused by or resulting from 9 his or its acts, negligence or omissions. The Fire Chief shall keep a record of the cost, including work done by firefighters and other City employees and equipment, and file the same with the Clerk. Thereupon, the Clerk shall bill the person, firm or corporation liable therefor, as prescribed in Chapter 14. No license of any person, firm or corporation liable for the expenses incurred in fire control as provided above, shall be renewed if the licensee is in default in payment of any bill hereunder. Section 22. Section 9-4 "Combustible Materials, Supplementation of UFC", 9-7 "Fire Alarm Systems" and 9-9(6) "Appeals" of the New Hope City Code are hereby deleted in their entirety. Section 23. Section 9-5 "Fire Lanes" of the New Hope City Code is hereby amended to read as follows: 9-5 "FIRE LANES". The br!F_C as adopted herein is hereby supplemented by the addition of the following subsections of this Code: (1) "Fire Lanes, Establishment". The Fire Marshal West Metro Fire-Rescue District is hereby authorized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked off. When a fire lane has been ordered to be established, it shall be marked by a sign beating the words "NO PARKING - FIRE LANE" or a similar message. When the fire lane is on public property or a public right-of-way, the sign or signs shall be erected by the City, and when on private property, they shall be erected by the owner at his own expense within 30 days after he has been notified of the order. Thereafter, no person shall leave a vehicle unattended or otherwise occupy or obstruct the fire lane. (2) "Impoundment In Fire Lanes". When any motor vehicle occupies or obstructs any duly designated fire lane in a manner inconsistent with its intended use for fire protection purposes, or prevents access to any fire hydrant in the normal and usual manner by fire protection personnel and equipment, the West Metro Fire-Rescue District ~or police department personnel may order the impoundment of the vehicle, after first making a reasonable effort in the immediate vicinity to ascertain the identity and location of the owner or other person leaving the vehicle in the fire lane. No vehicle impounded pursuant to the provisions of this section shall be released until a release is obtained from the Police Department and all towing and storing charges have been paid. (3) "Temporary_ Use of Fire Lanes". The ~West Metro Fire-Rescue District is hereby authorized to determine and designate on a temporary basis, those fire lanes established under this section and orders pursuant thereto, upon which parking of vehicles shall be permitted when in his opinion, necessary for public safety or convenience. I Section 24. Section 9-6 "Self-Service Stations, Gasoline" of the New Hope City Code is hereby amended to read as follows: 9-6 "SELF-SERVICE STATIONS, GASOLINE". The regulation of service stations and the dispensing of gasoline shall be regulated by the provisions set out in the ,x.~?CMSFC. However, the exception to ~-g949¢g4g0-MSFC 2206.2.3 allowing for fuel dispensing systems from above-ground storage tanks shall not be permitted within the City. No person shall construct, operate, dispense or modify any self-service gasoline dispensers in the City without having obtained the approval of the Fire PreverXi,e,n EureauWest Metro Fire-Rescue District. Section 25. All references to the Minnesota Uniform Fire Code (MUFC) and the Uniform Fire Code(UFC) in the New Hope City Code are hereby amended to read the Minnesota State Fire Code (MSFC) and International Fire Code (IFC), respectively. Section 26. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 27th day of May, 2003. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 5 th day of 3une ,2003.) P:~kTTOKNEY~CNH ORDINANCES\ORDINANCE 03-09.DOC 11 SUMMARY OF ORDINANCE NO. 03-09 AN ORDINANCE CONFORMING THE NEW HOPE BUILDING CODE AND FIRE CODE TO 2003 AMENDMENTS TO STATE BUILDING AND FIRE CODE The following summary of Ordinance No. 03~09 is hereby approved by the New Hope City Council for official publication, this 27th day of May, 2003. The Council hereby determines this summary ordinance clearly informs the public of the intent and effect of Ordinance No. 03-09. 1. The title of Ordinance No. 03-09 is "An Ordinance Conforming the New Hope Building and Fire Code to 2003 Amendments to the State Building and Fire Code." 2. Section One of the ordinance makes a minor reference change to amended Minnesota Rules relating to issuance, inspections and fees for Building, Plumbing, HVAC and Grading Permits in §3-1(a)(1) of the New Hope Code. 3. Section Two of the ordinance corrects a typographical error in 83-1 (a)(3)(b)(5). Said section requires an applicant's equipment to be safe and not endanger persons or property by its use. 4. Section Three of the ordinance readopts the updated mandatory Chapter sections of the Minnesota Rules of the Minnesota State Building Code as mandatory sections for the New Hope Building Code. This includes the new International Building Code (IBC), the new International Residential Code (IRC) and the new Minnesota Conservation Code for Existing Buildings. This is found in §3-2(a)(1) of the New Hope Code. 5. Section Four of the ordinance readopts the updated optional enforcement Chapter sections of the Minnesota Rules of the Minnesota State Building Code. This includes Chapter 1306 Special Fire Protection Systems and its required subparts, Appendix K of the IBC (2001 supplement) regarding grading and Chapter 1335 Floodproofing regulations. 6. Section Five of the ordinance makes a minor reference change indicating the application, administration and enforcement of the building code will be per all applicable Minnesota Rules and Statutes. This is found in §3-22(a) of the New Hope Code. 7. Section Six of the ordinance makes a minor reference change indicating a copy of the 2000 IBC and IRC along with the State Building Code is on file with the City Clerk. This is found in §3-22(c) of the New Hope Code. 8. Section Seven of the ordinance requires registered Minnesota architects and engineers to design building plans. This is found in §3-26(a) of the New Hope Code. 9. Section Eight of the ordinance holds any conflict between the Minnesota State Building Code and the City Building Code will be governed by the State Code. This is found in 89-10(b) of the New Hope Code. 10. Section Nine and Ten of the ordinance increases the grading and plan check reinspection fees to $47.00 per hour. This is found in §§14-2(1)(b)(3) and 14-2(6) of the New Hope Code. 11. Section Eleven of the ordinance adopts the Minnesota State Fire Code as the applicable City fire code. Several reference changes are made to the new 2000 edition of the International Fire Code and the National Fire Protection Code. It also indicates copies of these codes are on file with the City Clerk in §9-2(a) of the New Hope Code. 12. Section Twelve of the ordinance deletes the City's fire prevention bureau and the positions of fire marshal and inspector. Those functions are reassigned to the West Metro Fire-Rescue District by §9-3 of the New Hope Code. 13. Section Thirteen and Fourteen of the ordinance makes minor reference changes to the regulations for flammable materials and the storage of flammable liquids in outside above- ground tanks by now referring to the Minnesota State Fire Code rather the Uniform Fire Code and more specifically to Chapter 34 of the MSFC. This is found in § §9-8 and 9-8(1) of the New Hope Code. 14. Section Fifteen, Sixteen, Seventeen and Eighteen of the ordinance make minor reference changes to bulk storage of liquefied petroleum gases, the tanks used to store it, plans for tank location and piping, distribution and hoses. The changes are found in § §9-8(3), 9-8(4)(a), 9- 8(4)(b)(1) and 9-8(4)(c)(d) and (e). Basically, these changes now refer to the MSFC rather than the UFC similar to sections 13 and 14 above. 15. Section Nineteen of the ordinance amends §9-9(3) of the New Hope Code relating to permits for open burning. It requires a permit for open burning relating to construction which must be issued by the Building official after approval by the West Metro Fire-Rescue District. It also creates a new set of rules for recreational open burning but eliminates the permit requirement. This deals with camp fires, cooking fires and residential backyard fires. 16. Section Twenty of the ordinance creates a permit for cleaning commercial cooking ventilation systems. It also deletes the permits for "Intentional Structure Burning" and "New Materials Requiring Permits". These changes relate to §9-9 of the New Hope Code. 17. Section Twenty-one and Twenty-two of the ordinance renumbers §§9-9(5) "Fire Control Costs" as 9-9(3) and deletes 9-7 "Fire Alarm Systems" and 9-9(6) "Appeals". These sections are now specifically handled by the MSFC. 18. Section Twenty-three of the ordinance makes minor reference changes to §9-5 "Fire Lanes" by indicating the West Metro Fire -Rescue District rather than the Fire Marshal will establish and enforce regulations relating to the fire lanes. 19. Section Twenty-four of the ordinance is similar to section Twenty-one and Twenty-two by changing the reference to the MSFC from the UFC regarding regulation of self service gas stations in §9-6 of the New Hope Code. 20. Section Twenty-five of the ordinance is a general correction amending all references to the MUFC and the UFC in the New Hope Code to MSFC and IFC respectively. 21. This summary was adopted by at least a 4/5ths vote of the Council as required by Minn. Stat. §412.191. Also, a printed copy of the full text of this ordinance is available for review during regular business hours at the office of the New Hope City Clerk and it will also be posted at the New Hope Ice Arena. Dated this 27th day of May, 2003. W. Pete~]~n~'-k'~ 1V[a2[c~r Attest: Valerie Leone, QitY'Clerk P:~kttomey\Cnh Ordinances\Ordinance 03-09 summary, doc City of New HOpe_ (O~icial Publication) SUMMARY OF ORDINANCE NO. 03'09 AN ORDINANCE CONFORMING THE NEW HOPE BUILDING CODE AND FIRE CODE ! TO 2003 AMENDMENTS TO STATE BUILDII~G AND FIHE CODE ~{~wspapel~S 'The following summary of Ordinance No. 03-09 is hereby approved by the New Hope City Council for official publica- tion, tiffs 27th daY of May, 2002. The Council hereby deter- AFFIDAVIT OF PUBLICATION mines tiffs summary ordinance clearly informs the pubtic of the intent and effect of Ordinance No. 03-09. 1. The title of Ordinance No. 03-09 is "An Ordinance .Con- STATE OF MINNESOTA) . . forming the New Hope Buildi~ and Fire Code to 2003 Amendments to the State Buildin~ and Fire Code." SS. 2. Section one of the ardinance makes a minor reference change to amended Minnesota ~!es relating to issuance, COUNTY OF HENNEPIN) inspections and fees fei' Bail'g; Plumbing, HVAC and Grading Permits in §3-1(a)(1) of the New Hope Code. Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief 3, Section Two of the ordinance corrects a typographical !error in §3-1(a)(3)(bXS). Said section requires an app]ican- Financial Officer of the newspaper known as Sun-Post and has full t's equipment to be ~afe and not endanger persons or prop- ' erty by its use. knowledge of the facts stated below: ~. Section, Three of the °rdi~anCe readopts ~he updated mandatory ChaPter SectiOn~ ~ the Minr/eSota Rules of tl~ MinneSOta State Building Code as mandatory sections for (A) The newspaper has complied with all of the requirements constituting qualification as a theNewHopeBufldingCode~Thisincl,d~s~ the new inter~ ~ational Building Code (IBC)?~he new International Resi- qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable dential Code (IRC)and the new Minnesota Conservation Code for Existing Buildings. Tiffs is found in §3-2(a)(1) of the laws, as amended. New Hope Code. 5. Section Four of the ordinance readopts the updated up- (B) The printed public notice that is attached was published in the newspaper once each week, tionalenfarcement Chapter sections°ftheMinnesotaRu]es o£the Minnesota State Building Cede. This includes Chap- ter 1306 Special Fire Protection Systems and its required for one successive weekz; it was first published on Thursday, the 5 day of subparts, Appendix K of the IBC (2001 supplement) re- garding grading and Chapter 1335 Floedproofing regula- June ,2003, and was thereafter printed and published on every Thursday to and tio~. 6. Section Five of the ordinance makes a minor reference including Thursday, the day of ,2003; and printed below is a copy of the change Iffdi _c_ating the application, administration and en-. foroement oft~e building code will be per all aPpliCable Min~ lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the nesota Rules and Statutes. This is found in §3-22(a) of the New HoPe COde. . size and kind of type used in the compositio 7. Section Six of the ordinance makes a minor reference change indicating a copy of the 2000 IBC and IRC along with x,. ~~~rstuvwxyz~~~ the state Building Code is on file with the City Clerk. This abedefghijldmno is found in §3-22(c) of the New Hope Code. 8. Section Seven of the ordinance requires registered Min~ BYy' - 'X~_~__~'~'~''~- - -- N nes°ta arcifftects an([ engineers t0 design building plans' This is found in §3-26(a) of the New Hope Cede. CFO 9. Section Eight of the ordinance holds any conflict between the Minnesota State Building Code and the City Building i e Code wil~ be governed by the State Code. This is f(~und in §9- lO(b) of the New HoPe Code. Subscribed and sw~-~o~or affirme~, fore me 10' :Section Nine and Ten of ~he 0rdinance increases the grading and Plan check reinspection fees to $47.00 per hour. ~'~ day of ~] 2003. ~s is fotmdin §§14-2(1)(b)(3) and 14-2(6) of the New Hope O~,this Code. : U'~ ('~ / f~ '~ 11. Section Eleven of the ordinance adopts the Minnesota State Fire Code as the applicable City fire code. Several ref- . ,'~ erence changes are made to the new 2000 edition of the In- ,temat~ Fire, Code and the-National Fire-Protection Nota.,~ ....-- ........... j 'the~CityCl~rk,in §9-2(a) of the~I6~ H~e C~de. 12. Se(~tion Twe]TM of the ordinance deletes the City;s fire ~{~;~i~l NOTARY PUBLIC'MINNESOTA ~ prevention bureau and the positions of fire marshal and in~ ~ MY COMMISS,CN EXPIRES ,~3~-~00~ ~ specter. Those functions are reassigned to the West Metro Fire-Rescue District by §9-3 of the New Hope Code. ~ ~~~+~4~ a 13. Section Thirteen and Fourteen of the ordinance makes minor reference changes to the regulations for flammable RATE IN FORMATION materials and the storage of flammable liquids in outside above-ground tanks by now referring to the Minnesota State Fire Cede rather the Uuiform Fire Code and more (1) Lowest classified rate paid by commercial users $ 2,85 oer line specifically to Chapter 34 of the MSFC. This is found in §§9: - 8 and 9-8(1) of the NeW Hope Code. for comparable space 14, Section FL°teen, Sixteen, Seventeen and Eighteen of the ordinance make minor reference changes to bulk storage of (2) Maximum rate allowed by law $ 6.20 Der line liquefied petroleum gases, the tanks used to store it, plans for tank location and piping, distribution and hoses. The changes are found in §§9-8(3), 9-8(4)(a), 9-8(4)(b)(1) and 9- (3) Rate actually charged $ 1.40 Per line 8(4)(c)(d) and (e). Basically, these changes now refer to the ~ MSFC rather than the UFC similar to sections 13 and 14 ' above; !5. Section Nineteen of the ordinance amends §9-9(3)of the New HOpe Code relating to permits for open burning. It re. qufires a permit for open burning relating to censtraction ~ -~hich must be issued by the Building official after approval by the West Metro Fire-Rescue District'. It alsoereates a new set of rules for recreational Ol~fi b~ but eliminates the permit requirement. Tiffs de~%;~ith e,~a~ p fires~ cooking i fires and residential b~eky~r~ fire~; '~ !p~ ~ibn Twenty of the &rffn~ance creates a permit for ~ cle~ming commercial cooking 'ventilation systems. It als0 deletes the permits for "Intentional Structure Burning" and "NEW Materia]s Requiring Permits". These changes relate [te §9-9 of the New Hope Cede. ORDINANCE NO. 03-10 AN ORDINANCE AMENDING CHAPTER 14 OF THE NEW HOPE CODE INCREASING HOUSING MAINTENANCE INSPECTION FEE The City Council of the City of New Hope ordains: Section 1. Section 14-2(11) "Housing maintenance inspection fees" of the New Hope City Code is amended to read as follows: (11) Housing maintenance inspection fees. Fee amounts for the housing maintenance inspection required by section 3-37 are as follows: Single- and Two-Family Residences, Condominiums and Townhouses (initial inspection and first reinspect) per dwelling unit .............................................. $195.99110.00 Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 27m day of May, 2003. W. Peter Enck, Mayor Attest: ~ ~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 5th day of June , 2003.) P:\Attorney\Cnh Ordinances\Ordinance 03-10 Inspection Fee. doc ORDINANCE NO. 03-12 AN ORDINANCE EXTENDING BAN ON DEVELOPMENT IN ALL FOUR LIVABLE COMMUNITIES TASK FORCE STUDY AREAS The City Council of the City of New Hope ordains: Section 1. Section 1-6(i) of the New Hope City Code "Suspension of construction and development in livable communities task force study areas" is hereby amended to read as follows: 1-6(i) "Suspension of construction and development in livable communities task force study areas". Pursuant to Minn. Stat. Section 462.355, Subd. 4, a ban is hereby imposed until July 31, 29932004, on the application for and issuance of building permits under Chapter 3 of this Code (excluding permits for routine maintenance and repairs), text changes, variances, conditional use permits and rezoning requests under Chapter 4 of this Code and subdivision requests under Chapter 13 of this Code for any construction, use development or subdivision of all residential and commercial zoned properties located in the following described area in the City of New Hope. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 23rd day of June , 2003. W. Peter Enck, Mayor Attest: ~jj~/~~ X?a[erie Leone,, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 3rd day of July , 2003.) P:\ATTORNEY\CNH ORDINANCES~ORDINANCE 03-12.DOC City of New Hope (Official Publication) ORDINANCE NO. 03-12 AN ORDINANCE EXTENDING BAN ON DEVELOPMENT IN ALL FOUR LIVABLE COMMUNITIES TASK FORCE STUDY AREAS newspapers AFFIDAVITur""r'Ul~Ll~.~/l~J,'~n' ,1~ .,f~A'rlt'~l~l Section 1. Section 1-60) of the New Hope City Code "Su., pension of c0nstructioi1 and develonment in livable re= munities task f.orpe study ~reas" is hereby amended te rea as follows: STATE OF MINNESOTA) ~-6(i) "Suspension ofconstructio{~ and development in Ii', able communities task force study areas". Pursuant t SS. Minn: Stat. Section 462.355, Subd. 4, a ban is hereby posed until July 3;[, 20932004, on the application for an. CO U NTY O F H E N N E P I N ) issnanre of building permits under Chapter 3 of this Cod (excluding permits for routine maintenance and repairs Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief te~tzoningChangse,requestsVarianceS,under Chapterc°nditi°~al4 ofthisUSecodepermitsand sulxliviand sion requests under Chapter 13 of this Code for any Co= Financial Officer of the newspaper known as Sun-Post and has full s~r~ction, use development or subdivision of ail residentis ' and commercial zoned properties located in the followi~ knowledge of the facts stated baiow: described area in the City of New Hope. Section 2. Effective Date. This Ordinance shall be effe¢ (A) The newspaper has complied with all of the requirements constituting qualification as a tive upon its passage and publication. qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable D~d the_ day of , W. Peter Enck, Mayor laws, aS amended. Attest: Valerie Leone, ~ity Clerk (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Thursday, the 3 day of (July3 2003)P2/Ord03-12 July ,2003, and was thereafter printed and published on every Thursday to and including Thursday, the . day of ,2003; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and ~ n;t~,// al~lefghijkhnnopqrstuv~z Subscribed and swo~3~or, a~ ,ed before me Not~ Pub' ' -- . RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 ,Der line for comparable space (2) Maximum rate allowed by law $ 6.20 _Der line (3) Rate actually charged $ 1.40 per line ORDINANCE NO. 03-13 AN ORDINANCE ESTABLISHING A PARK DEDICATION REQUIREMENT AND/OR CASH PAYMENT IN LIEU OF LAND DEDICATION The City Council of the City of New Hope ordains: Section 1. Section 13-7 "Required Improvements" of the New Hope City Code is hereby amended by adding new subsection 13-7(i) "Park Dedication" to read as follows: Section 13-70) "Park Dedication". (1) "Dedication Required". As a condition of approval of any plat, replat, subdivision or lot division allowing development of land for residential, commercial, industrial or other uses or combination thereof, a reasonable portion of the land to be divided must be dedicated to the public or preserved for public uses as parks, playgrounds, trails or open space. This requirement applies to plats, replats, subdivisions or lot divisions that (i) create at least one additional lot or provide for at least one additional dwelling unit, or (ii) combine lots .for the purpose of development involving changes or mixed land uses or the intensification of uses, or (iii) consist of a planned unit development as def'med and regulated by the zoning code. The dedication requirements are not satisfied if the City reasonably determines that the land proposed for dedication is unsuitable for public recreational use. The dedication required by this section is in addition to dedication required for streets, roads, utilities, storm water ponding areas or similar utilities and improvements. (2) "Amount Required". The amount of land required for dedication is based upon the gross land area to be subdivided and equals the land the City reasonably f'mds it will need to acquire for park or other recreational purposes as a result of approval of the land division. Generally, 10% of the gross land area to be subdivided must be dedicated for residential subdivisions and 5% for commercial and industrial subdivisions. (3) "Cash Payment in Lieu of Dedication". The City may require a cash payment in lieu of land dedication. In determining to require payment or dedication, the Council will consider such factors as whether the land is needed in the proposed location, whether the proposed dedication is suitable for the intended use and whether a cash payment would be more beneficial to development of the entire park system: (4) "Amount of Cash Payment". The cash payment in lieu of dedication is determined by the fair market value of the undivided land as determined by the City Assessor at the time of final plat approval, including the value added by existing utilities, streets and other public improvements serving the property, but'excluding the value added by all other existing improvements to the land. The cash payment is determined by applying the appropriate percentage stated in subsection 13-7(i)(2) to the fair market value as determined by the Assessor. The maximum cash payment in lieu of land dedication shall be calculated as follows: a. Single family dwelling: $1,500.00 per unit b. Two family dwelling: $750.00 per unit c. Multiple family dwellings (3 or more): $500.00 per unit not to exceed $5,000.00 per acre d. Commercial and/or Industrial subdivisions: $2,500.00 per acre (5) "Park and Open Space Fund". Cash payments in lieu of dedication are payable at the time of f'mal subdivision approval. The payment must be placed in a special fund established by the City to be used solely for the purposes of acquisition, development or improvement of parks, playgrounds, trails, open space or as otherwise provided by Minnesota Statutes. (6) "Partial Dedication". The City may accept a dedication of land in an amount less than that specified in subsection 13-70)(2) and require a cash payment equivalent to the balance of the dedication requirement. The partial cash payment is determined by subtracting the percentage of land actually dedicated from the percentage of land required to be dedicated under subsection 13-7(i)(2), and applying the resulting percentage to the fair market value of the proposed subdivision. (7) "Credit for Private Land". A credit of up to 25 % of the dedication requirements may be awarded for park and open space that is to be privately owned and maintained by the future residents of the subdivision. A credit will not be awarded unless the following conditions are met: a. private open space may not be occupied by non-recreational buildings and must be available for the use of all the residents of the proposed subdivision; b. required building setbacks will not be included in computation of private open spaces; c. use of the private open space must be restricted for park, playground, trail or open space purposes by recorded covenants that (i) run with the land in favor of future owners of proper .ty within the subdivision and (ii) cannot be defeated or eliminated without the consent of the City Council: d. the private open space will be of a size, shape, location, topography and usability, for park or recreational purposes, or contain unique features which are important to be preserved; and 2 e. the private open space must reduce the demand for public recreational facilities or public open space occasioned by development of the subdivision. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 23rd day of June , 2003. W. Peter Enck, Mayor Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 3rd day of July , 2003.) P:~A. TFORNEY\CNH ORDINANCES\ORDINANCE 0~-1:~ PARK DEDICATION,DOC 3 City of New Hope (Official Publication) ORDINANCE NO. 03-13 AN ORDINANCE ESTABLISHING A pARK DEDICATION REQUIREMENT AND/OR CASH PAYMENT IN LIEU OF LAND DEDICATION '-~ ~' ~-~-~-~rsnaner~ The City Council of the City of New Hope ordains: Section 1. Section 13-7 "Required Imnrevements" of the New Hope City Code is hereby amended by adding new AFFIDAVIT OF PUBLICATION subsection 13-7(i)"Park Dedication" to read as follows: Section 13-7(i) "Park Dedication". STATE OF MINNESOTA) ~ "Dedication Required". As a condition of appr0val of any nlat. replat subdivision or lot division allowing devel- SS. onment of land for residential, commercial, iffdustrial or other uses or combination thereof, a reasonable oortion-of HENNEPIN) the land to be divided must be dedicated to,the public or COUNTY OF nreserved for Dub]lc uses as harks, nlavcrounds trails or ouen suace. This reouirement annlies to nlats, renlats. Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief subdivisions or lot divisions that ([) create at least or~e ~- ditional lot or orovide for at least one additional dwellin~ Financial Officer of the newspaper known as Sun-Post and has full ur~t, or (iii combine lots for the numose ofdevelonment in- ' volving changes or mixed land uses or the intensification of uses, or (iii) Consist nfo planned unit development as knowledge of the facts stated below: fined and regulated bv the zoning code. The dedication re- quirements are not satisfied if the City reasonably deter- (A) The newspaper has complied with all of the requirements constituting qualification as a mines that the land pronosed for dedication is unsuitable for nublic recreational use: The dedication reouired by section is in addition to dedication reauired for streets, qualified newspaper, as provided by Minn. Stat. §331A.O2, §331A.07, and other applicable roads: utilities, stem water ponding are ..... imil~r ities and imorovements. laws, as amended. ~ "Amount Reouired". The amount o~land reauired for dedication is based unon the aucoss land area to be subdi- (B) The printed public notice that is attached was published in the newspaper once each week, vided and equals the land the City reasonably finds it will need to aconite for oark or other recreational DUrDOSeS as for one successive weeks; it was first 'published on Thursday, the 3 day of aresultofapDrovalofthelanddivision. Generallv. 10%of the cross land area to be subdivided must be dedicated for residential Subdivisions and 5% for commercial and in- July ,2003, and was thereafter printed and published on every Thursday to and dustrial subdivisions. including Thursday, the day of ,2003; and printed below is a copy of the ~ "Cash Payment in Lieu of Dedication". The City may reauire a cash navment in lieu of land dedication. In de- ' ' termining to reauire navment or dedication, the Council lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the win consider such factors as whether the land is needed in -" the oroeosed location, whether the nronosed dedication is size and kind of type used in the composition and.~the 7t~//~., suitable for the intended use and whether a cash navment ~vould be more beneficial to development of the entire park system. abedefghijldmnopqrstuv{vxyz,~_,~~~/~~~~ (4) "Amount of Cash Payment". Th .... h pavment in li undivided land as determined bv the City Assessor at the time of final nlat anprovaL includine the value added by CFO existing utilities, streets and other nubhc imnrovemenm serving the property, but excluding the value added by si1 other existing improvements to the land. The cash pay- ment is determined bv analving the annronriate nercent- age stated in subsection 13-7(i)(2) to the fair market value as determined bv the Assessor. The maximum cash nay- Subscribed and swo~ or affirmed efore me ment in lieu of land dedication shall be calculated as fal- p~ this day of 2003. ~. Single family dwelling: b. Two fardilv dwelling: $750.00 ncr unit c. Multinle family dwellings (3 or more); $500.00 ocr unit not to exceed $5.000.00 ocr acre ~ d. Commercial and/or Industrial subdivisions; $2.500.00 ncr acre L~ "Park and Onen Snace Fund". Cash navments in lieu of dedication are navable at the time of final subdivision annrovaL The navment must be nlaced in a snecial fund established bv the City to be used solely for the nurnesas · ~ · ofacouisition, develonment or imnrovement ofnarks, nlav- crounds, trails, onen snace or as otherwise ~rovid~d l~y RATE INFORMATION Minnesota Statutes. (6) "Partial Dedication". The City may accent a dedication (1) Lowest classified rate paid by commercial users $ 2.85 per line onand in an amount less than that s~ecffied in subsection 13-7(i)(2) and reouire a cash navment e(/uivalent to the for comparable space balance of the dedication reauirement. The nartial c~.h navment is determined bv subtracting the percentage of land actually dedicated from the nercentage of land re- (2) Maximum rate allowed by law $ 6.20 per line ~uired to be dedicated under subsection 13~7(i)(2l. an(] ap~ nlving the resulting usrcenta~e to the fair market valUe of the nrooosed subdivision. (3) Rate actually charged $ 1.40 per line (7) "Credit for Private Land". A credit of un to 25% of the dedication reauirements may be awarded for hark ooen soace that is to be nrivatelv owned and by the future residents of the subdivision. A ~redit will not be awarded unless the following conditions are met; a~ nrivate ooen space may not be occunied bv non-recre- ational buildinas and must be available for the use of the residents of the nrooosed subdivision; b~ reauired building setba~cks will n0t beincluded in cum- ioutat~on of arivato ooen snaces: c. use of the urivate~ooen Soaes must be restricted for i, oark. ntavground, trail or onen space pu~eses by record- ed covenants that (i) run with the land in favor of future owners of property within the subdivision and (ii) c~nnnt ~ be defeated or ~llmlngt~ecLw3thout the eorr~n~ ~fth~ ORDINANCE NO. 03-14 AN ORDINANCE AMENDING CHAPTER 2 OF THE NEW HOPE CITY CODE REGULATING THE VARIOUS COMMISSIONS ESTABLISHED TO ADVISE THE CITY COUNCIL The City Council of the City of New Hope ordains: Section 1. Section 2-13(a) "Establishment" of the New Hope City Code is hereby amended to read as follows: Section 2-13(a) "Establishment". The Planning Commission heretofore established may be abolished by ~/5ths vote of all the members of the Council. Section 2. Section 2-13(e) "Meetings" of the New Hope City Code is hereby amended to read as follows: Section 2-13(e) "Meetings". The regular monthly Planning Commission meeting shall take place in City Hall and shall be on such day and time as established by the Council. Any regular monthly Planning Commission meeting may be canceled for lack of pending planning case applications, zoning, platting, land development or ordinance issues. Special meetings shall be called by the Chairperson not sooner than three days after receipt by the Chairperson of a written request for a special meeting signed by three or more members of the Planning Commission. Special meetings shall require three days written notice to each member and further require compliance with all other notice provisions of Minn. Stat. {}471.705(1)(b). Section 3. Section 2-13(g) "Compensation" of the New Hope City Code is hereby added to read as follows: Section 2-13(g) "Compensation". The Commission members shall serve without compensation, but may be reimbursed for expenses authorized by the Council when representing the City, subject to the approval of the City Manager. Section 4. Section 2-25(d) "Membership and Terms" of the New Hope City Code is hereby amended to read as follows: Section 2-25(d) "Membership and Terms". The commission shall consist of nine members. At least one commissioner shall be a student member attending an Independent School District 281 school. The members shall be appointed by a majority vote of the council to serve terms of two years beginning January 1, 1996, except that the initial terms of three members shall be for one year. The persons to receive one year terms shall be determined by lot, unless otherwise agreed upon by the Council and the appointees. If a student member is appointed, the student member's term shall be for one academic year commencing September 1st and terminating on August 31st of the following year. The student commissioner shall have full voting authority. Section 5. Section 2-25(e) "Meetings" of the New Hope City Code is hereby amended to read as follows: Section 2-25(e) "Meetings". The commission shall meet as is deemed necessary at the discretion of the commission, or at the request of the City Council, but not less than once annually. The meetings shall take place in the City Hall. The commission meetings shall be open to the public. Minutes shall be kept of each meeting and a copy of the minutes shall be filed with the City Clerk as the official record of the activities of the commission. Meetings shall be called by the c~a~.rman chairperson or at least three members of the commission, upon three days' notice to all members. Section 6. Section 2-25(g)(1)(b) "Disability" of the New Hope City Code is hereby amended to read as follows: Section 2-25(g)(1)(b) "Disability". Physical or mental disability rendering ~m a member incapable of service; Section 7. Section 2-25(g)(1)(c) "Resignation" of the New Hope City Code is hereby amended to read as follows: Section 2-25(g)(1)(c) "Resignation". Resignation in writing directed to the Commission r,~,,:,-.-~., Chairperson Section 8. Section 2-25(g)(2) "Removal from Office" of the New Hope City Code is hereby amended to read as follows: Section 2-25(g)(2) "Removal from Office". The Commission, by a 44--7~-5/9ths vote of its members,_ may petition the Council to remove any member when, in its discretion, the best interest of the City would be served thereby, after first giving the person so named an opportunity to be heard before the Commission and the Council. A Commissioner will be removed by a majority vote of the City Council. Section 9. Section 2-28(a) "Establishment and Purpose" of the New Hope City Code is hereby amended to read as follows: Section 2-28(a) "Establishment and Purpose". There is hereby established a Traffic Control and Safety Commission as an advisory body to the Council. The commission shall have the powers and duties set forth hereafter and as the Council may designate from time to time, for the purpose of developing and promoting traffic safety and control programs, reviewing applications, making recommendations for traffic control devices, developing recommendations for traffic safety programs and enlisting the assistance and cooperation of neighboring 2 communities, Hennepin County, other agencies of government, and interested civic groups to implement the traffic and transit programs as developed and adopted. Section 10. Section 2-28(c)(2) "Offices" of the New Hope City Code is hereby amended to read as follows: Section 2-28(c)(2) "Offices". The City Manager shall serve as the Chairperson of the Commission. The Commission shall select a Vice Chairperson from among its membership each January for a one year term. The City Manager shall be responsible for having minutes prepared for each meeting. The Chairperson, '-~ ~'- *':~ ~' ..... or the Vice Chairperson in the Chairperson's absence, shall prepare an agenda prior to each meeting and shall communicate the same to all members no less than three days prior to each meeting. Section 11. Section 2-28(d)(1)(d) "Resignation" of the New Hope City Code is hereby amended to read as follows: Section 2-28(d)(1)(d) "Resignation". Resignation in writing directed to the Commission C~a~.r:v.~n Chairperson; Section 12. Section 2-28(d)(2) "Removal from Office" of the New Hope City Code is hereby amended to read as follows: Section 2-28(d)(2) "Removal from Office". The Commission, by a 2/2's 5/__7ths vote of its members,_ may petition to the Council to remove o., a ~--~0 .... J .... any member when, in its discretion, the best interests of-the City would be served thereby, after first giving the person so named an opportunity to be heard before the Commission and the Council. A Commissioner will be removed by a majority vote of the Council. Section 13. Section 2-35(b) "Establishment" of the New Hope City Code is hereby amended to read as follows: Section 2-35(b) "Establishment". There is hereby established a New Hope Citizen Advisory Commission, which shall advise the New Hope City Council as to its opinions and recommendations on such subjects and matters which the City Council shall assign to it on a continuing, temporary or interim basis, and shall serve as a resource group to the community, and as an informative and educational coordinator to the City, through the City Council. The Commission shall receive projects and areas of responsibility from time to time from the City Council for review, study, analysis, debate, investigation, appraisal, and recommendation to the City Council, to provide the City Council with the maximum factual basis, as well as informed citizen opinion on various topics. Such assignments to the Commission shall be as directed by resolut~.en cf the Council. The Commission may also initiate prOjects on its own motion. Further, the responsibilities of the following Commissions previously abolished by the City Council have been assigned to the Commission: 3 1. Economic Development Commission 2. Youth Commission 3. Environmental Commission 4. Heritage Preservation Commission. Section 14. Section 2-35(d)(1) "Rules Governing" of the New Hope City Code is hereby amended to read as follows: Section 2-35(d)(1) "Rules Governing". The Commission shall adopt its own rules for the transaction of business at its meetings. Its meetings shall also be open to the public, minutes shall be kept of each meeting and filed with the City Clerk as the official record of the activities of the Commission. *' ........ ~ ~.., r,,.~.,..~,~ r,,,~.o ,.lc r~ .... ,~ Section 15. Section 2-35(e)(1)(b) "Disability" of the New Hope City Code is hereby amended to read as follows: Section 2-35(e)(1)(b) "Disability". PhYsical or mental disability rendering h:~ a member incapable of service; Section 16. Section 2-35(e)(1)(c) "Resignation" of the New Hope City Code is hereby amended to read as follows: Section 2-35(e)(1)(c) "Resignation". Resignation in writing directed to the Commission · '"'"-"~'-~ Chairperson; Section 17. Section 2-35(e)(2)(a) "By the Commission" of the New Hope City Code is hereby amended to read as follows: Section 2-35(e)(2)(a) "By the Commission". The Commission, by a 2/5's 5_/9ths vote of its members, may petition to the Council to remove any member when, in its discretion, the best interests of the City would be served thereby. Section 18. Section 2-35(h) "City Officials to Cooperate" of the New Hope City Code is hereby repealed and deleted in its entirety. Section 19. Section 2-40(c) "Membership" of the New Hope City Code is hereby amended to read as follows: Section 2-40(c) "Membership". The New Hope Chemical Health Awareness Commission shall be composed of from 5 to 15 members to be appointed by a majority of the Council. Each appointee shall serve a two-year term., ..... * le ........ Seven members '-lc ~-'~ r..~ ....~..~ ...... ~.~. xpi .......... vv ........... shall be appointed for terms e ring on 34w-t98~.December 31~ of odd years. The other eight members shall be appointed for terms expiring on~, TM,.,.~.~.o..*'''' ., ~., ,~c'~,,~, December 31't of even years in order to provide for staggered terms. Each member shall serve until his a successor is duly appointed. 4 Section 20. Section 2-40(d)(1) "Adoption of Rules" of the New Hope City Code is hereby amended to read as follows: Section 2-40(d)(1) "Adoption of Rules". The Commission shall adopt its own rules governing its meetings, procedures and functions.= ..~.~p~"--'~ * ~"~* ............ r,,.~,,~.-,, s D,,~,~ ............. ~.~, r~,~,. ............ ,: ....c ..~: .... · .........,4 .....The rules may be amended from shall e, ......~ ..........v ............, v .......... time to time, upon notice being given to all members of the proposed amendments, to be acted upon at a specified meeting. A majority vote of the Commission shill be required to approve any proposed amendments. Section 21. Section 2-40(e)(b) "Disability" of the New. Hope City Code is hereby amended to read as follows: Section 2-40(e)(b) "Disability". Physical or mental disability rendering ~im a member incapable of service; Section 22. 2-40(e)(2) "Removal from Office" of the New Hope City Code is hereby amended to read as follows: Section 2-40(e)(2) "Removal from Office". The Commission_~ by a 2/3 3/Sths vote of its members~ may petition the Council to remove Ly a .,,.a .... ,, .... any member when, in its judgment, the best interests of the City would be served thereby, after first giving the person so named an opportunity to be heard before the Commission and Council. A majority vote of the Council shall be required to order such removal. Section 23. Section 2-40(h) "Repealer" of the New Hope City Code is hereby repealed and deleted in its entirety. Section 24. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 23rd day of June, 2003. W. Peter Encl~, Mayor Attest: ~L~ ~ Calerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 3rd day of July , 2003.) P:\ATrORNEY\CNH ORDINANCES\ORDINANCE 03-14.DOC 5 ~ City of New Hope (Official Publication) ORDINANCE NO. 03-14 ' AN' ORDINANCE AMENDING CHAPTER 2 OF THE NEW HOPE CITY CODE P,-EGULATING THE VARIOUS COMMISSIONS ESTABLISHED The City Council of the City of New Hope ordains: AFFIDAVIT OF PUBLICATION ~ Section ~-~3(a)'"Es~blis~ment" of the New Hope City Code is hereby amended'ih read as follows: ~ · Section 2-13(a) "Establishment". The Planning Commis- STATE OF MINNESOTA) sienheretoforeestabhshedmaybeahohshedby~:c 4/Sth~ vote of all the members of the Council. SS. Section 2. Section 2-13(e) 'qvIeetin~s'' oftheNew Hope City Code is hereby amended to read as follows: COUNTY OF HENNEPIN) Section. 2~13(e) "Meetings". The regular monthly Planning Comnuss~on meeting shaE' ta~e olnc~ ~ C[t~/-/~l! and Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief ~ha~z be on such day and time as established by tbs Coun: cll. Any regular monthly Planning Commission meeting Financial Officer of the newspaper known as Sun-Post and has full m~.y be canc. eled for lack of pending planning case appli- ' cations, zoning, platting,, land development or ordinance issues. Special meetings shall be called by the Chairper- knowledge of the facts stated below: son not sooner than three days a,%~r receipt by the Chair-. person of a written request for a special meeting signed by (A) The newspaper has complied with all of the requirements constituting qualification as a three or more memb~rs ofthe Planning Commission. Spe- cial meetings shall require three days written notice to each tnember and further require compliance with all qualified newspaper, as provided by Minn. Stat. §331A.O2, §331A.07, and other applicable other~otice prov~sion~ of Minn. St~t. '4~ Section 3. Section 2-13, g) "Com~)ensation" of the New laws, as amended. Hope City Code is hereby added to read as follows: (B) The printed public notice that is attached was published in the newspaper once each week, seetio~ ~-~ "co ...... ~io~; The Comm~sio~ bets shah serve w£tho~t comve~s~tion, lint rnev be reim bursed for exoenses authorized b~ the Council when reore- for one successive weeks; it was first published on Thursday, the 3 day of sentin~theCitv, s,b~ecttotheavvrvvaloftheCitvMa~a~. July , 2003, and was thereafter printed and published on every Thursday to and Section 4. Section 2-25(d) "Membership and Terms" of the including Thursday, the day of ,2003; and printed below is a copy of the NewHop~ CityCodeis berebyaraendedto readas follows: Section 2-25(d) "Membershlo and Terms". The commis- lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the sion shall consist of nine members. At ~eas~ one cemmis, _ sioner shall be ,a student member attending an Indepen- dent School District 28t school. The members shall be ap- size and kind of type used in-the composition and publjcafioWSf~e notice: pointed by a majority vote of the council ~o serve ~erms of u~~ /~ ~~ two years beginning January 1 1996, except that the ini- abcdefghijldmnopqrst ~~ tial terms of. three members sha'll be for one year. sons to recmve one year terms shall be deteemff/C~l by lot, unless otherwise agreed upewby tlSe'Councll and the ap- . · pointees., If a student member is appointed, the student BY%/' / ~~___v~'~t/~/~'/.'g~v~e- -- member's fmrrn shall be for one academic year commenc- lng September 1st and terminating on August 31st of the CFO following year. The student commissioner shall have full ~oting authority. Section 5. Section 2-25(e "Meeting~" of the New Hope City Code is hereby amended to read as follows: is deemed necessary a~the discretion of the commission, offti~s ~ day of ~ 2003. or at the request of the City Council~ but not less than once annually. The meetings shall ~ake place in the City Hall. ~ ~ ~ 1[ I ~ 0 ~-'~,g~-~ /~' ~ The commission meetings shall be open ~o the public, ~.~~0 Minu[es shall be kept of each meeting and a copy of the - minutes shall be llled with the City Cler]~ as the official record of the activities of the comr~sslon. Meetings shall k be called by the ~ ..... chairv ~ ~ b~1 ............... or at least three Nota u members of the comm, ission, upon three.days' notice to all members. . Section 6. Section 2-25(g)(~)(b) "~' of the New Hope City Code is hereby amended to read as _fellbws: MY UUMMI$$1QN EXPIRES ~.~ Section 2-25(g)(1)(b) "~'. Physical or menial-dis- B - _ -_ _ -_- ..... __ _ _ _: _ · ability rehdering ~m a mere'her incapable ofse~c~.. Section 7. Section 2-25[g)(1)(c) ~R~",o~,~e ~ew RATE INFORMATION Hope Cit~ Code is~hereby amended to read as follows: Section 2-25(g)(1)(c) "~'. Resignation ir: writing (1) Lowest classified rate paid by commercial users $ 2.85 Der line . directed to the Commission ~ Cha£~' ....... for comparable space S~on s. Section 2-25(g)(2) "Removal from O~eo" of the New Hope City Code is hereby amended to read as follows: (2) Maximum rate allowed by law $ 6.20 _Der line Sec~en 2-25(g)(2)"Removal from Offir~'. The Commis- °en, by a~ .4~ 5/9t1~ vote of. its members~ may petition Counc~to remove any'member when in its dis~refi~ii, (3) Rate actually charged $ 1.40 per line the best interest of the Citywonid ty~served thereby, a,%er' first giving the person so named an opportunity to be heard before the Commissien anal the Council. A Com- missioner will be removed by a majority vote of the City Council. Section 9. Section 2~28(a) "Establishment and Purnoee" of hew New Hope City Code is hereby amended to read as fol- Sec~on 2-28(a) ~'Establishment and Purp9_ se". There is hereby estab '~li~. d~ ~raffic Co~trO]~nd Safety,Commis- sion as an ad:~i~ 5~dy to th~'~r~cil. The commission shall have.the ~ow.e~ and duties set forth hereaP~er and an the Council may destgnate From time to time for the PUr- pose of developing and promoting ~raffic safety and cor~trol programs, reviewing applications, making recommenda- ~t~ons f. or traffic control devices, developing recommenda- ,uons mr ,tramc safety programs and enlisting the assis- ORDINANCE NO. 03-15 AN ORDINANCE AMENDING CHAPTER 5 OF THE NEW HOPE CITY CODE RELATING TO DISCHARGE OF WATER INTO THE SANITARY SEWER SYSTEM The City Council of the City of New Hope ordains: Section 1. Section 5-1(d) "Discharge of Surface Waters Into Sanitary_ Sewer Prohibited" of the New Hope City Code is hereby amended to read as follows: Section 5-1(d) "Discharge of Surfacc Water:, Into Sanitary Sewer Prohibited". No-pevso~ tTM ..... ;1 T--A.,,.l-,..;,1 ~^~1; ...... + ......... 11..+~.-.1 ........... .6 ....... 1.,~ .41,~1., .... .4 Section 5-1(d)(1) "Purpose". The discharge of unpolluted water and/or natural precipitation into the City sanitary, sewer system results in flooding and overloadinE of the sewerage system. When this water is discharged into the sanitary sewer system it is treated at the sewage treatment plant. This results in needless City. expenditures. The Ci.ty Council, therefore, finds it in the best interest of the City to prohibit such discharges. Section5-1(d)(2) "Discharge Prohibited". Except as otherwise expressly authorized in this Section, no water from any roof surface, sump pump, footing tile, swimming pool, any other natural precipitation, cooling water or industrial process water shall be discharged into the sanitary sewer system. Dwellings and other buildings and structures which require sump pumps or footing tiles shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system, except as provided herein. A permanent installation shall be one which provides for year round discharge capability, to either the outside of the dwelling, building, or structure, or is connected to a City storm sewer. It shall consist ora rigid discharge line, without valving or quick connections for altering the path of discharge. Section 5-1(d)(3) "Disconnection". Before July 15, 2003, any person, firm or corporation having a roof surface, groundwater sump pump, footing tile, swimmin ~ pool, cooling water or unpolluted industrial process water now connected and/or discharging into the sanitary sewer system shall disconnect or remove same. Any disconnects or openings in the sanitary sewer system shall be closed or repaired in an effective, workmanlike manner. Section 5-1(d)(4) "Inspection". Every. person owning improved real estate that discharges into the City's sanitary sewer system shall allow the City or a designated representative of the City. to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary, sewer system. In lieu of having. the City inspect their property, any person may furnish a City. inspection report from a City approved licensed plumber certifying that their property is in compliance with this Section. Section 5-1 (d)(5) "Future Inspections". Any property with a sump pump found not in compliance ~vith tlfis Code but subsequently verified as compliant shall be subject to an annual reinspection to confirm continued compliance. Any property found not to be in compliance upon reinspection, or any person refusing to allow their proper _~ to be reinspected, within thirty (30) days after receipt of mailed written notice from the City of the reinspection, shall be subject to the nonrefundable fee set forth in Section 5-1(d)(7) of this Code. Mailed written notice shall mean that notice as described in Section 1-4(b)(2) of this Code. Section 5~ 1 (d)(6) "New Construction". All new dwellings with sumps for which a building permit is issued after July 15, 2003 shall have a pump and shall be piped to the outside of the dwelling before a certificate of occupancy is issued: Section 5-1 (d)(7) "Nonrefundable Fee". A nonrefundable fee of One Hundred and 00/100 Dollars (.$100.00) per month is herebv imposed on every, sewer bill mailed on and after October 1, 2003 to property owners who are not in comnliance with this Section or who have refused to allow their property to be inspected to determine if there is compliance. All properties found during any reinspection to have violated this Section will be subject to the $100.00 per month nonrefundable fee for all I months between the two most recent inspections. Section 5-1(d)(.8) "Winter Discharge". The City Manager is authorized to issue a permit to allow a property owner to discharge water into the sanitary sewer system. Prior to issuance of the permit, the City Manager may consult with the City Engineer or Public Works Director to verify one of the criteria to issue the permit has been satisfied. The permit shall authorize such discharge only from November 15 to March 15: shall require the owner to permit an inspection of the property on March 16 or as soon thereafter as possible to determine that discharge into the sanitary sewer has been discontinued and shall subject the owner to the $100.00 monthly nonrefundable fee in the event the owner refuses an inspection or has failed to discontinue the discharge into the sanitary sewer. The nonrefundable fee will I commence with the April water billing and continue until the property owner establishes compliance with this Section. A property owner is required to meet at least one of the following criteria in order to obtain the permit: a. The freezing of the surface water discharge from the sump pump or footing drain is causing a dangerous condition, such as ice buildup or flooding, on either public or private property. b. The property, owner has demonstrated that there is a danger that the sump pump or footing drain pipes will freeze up and result in either failure or damage to the sump pump unit or the footing drain and cause basement flooding. c. The water being discharged from the sump pump or footing drain cannot be readily discharged into a storm drain or other acceptable drainage system. Following ten (10) days' written notice and an opportunity to be heard, the City Manager may require a property to discharge their sump pump into the sanitary sewer from November 15 to March 15 if surface water discharge is causing an icy condition on streets. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 23rd day of June, 2003. W. Peter Enck, Mayor Valerie Leone, City C (published in the New Hope - Golden Valley Sun Post on the 3rd day of July, 2003). 3 City 'of New Hope (Official Publication) ORDINANCE NO. 03-15 AN ORDINANCE AMENDING CHAPTER 5 OF THE NEW HOPE CITY CODE RELATING TO DISCHARGE OF WATER INTO THE SANITARY SEWER SYSTEM ~wspape~S The City Council of the City.of New Hope ordains: A F FI DAVIT O F P O B LI CATION .S _ection 1. Section 5-ltd)'"l~is~har=e ofSur~ade Watdrs Into Sanitary Sewer Prohibited"iof the New Hope..C, ity 0Qde is hereby amended to read a,s follows: STATE OF MINNESOTA) ...... Sectmn 5-1(d) Dz~¢har~e ............... Into Samtarv~ COUNTY OF HENNEPIN) ............................. ' ....... t: ~--_;-: ..... -;- Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief ................................................. Financial Officer of the newspaper known as Sun-Post , and has full knowledge of the facts stated below: Sect~. 5-](d)(D. "Pu~r~ose". The disc/~r~e of unuolluted water ~r~/or natural oreci~itation into the City sanitary sewer ~vstem results i~ Eoodi~e and overlo~din~ of the sew- (A) The newspaper has complied with all of the requirements constituting qualification as a erode system. When this water is dlseharzed into the ~n- itarY sewer swstem it is treated at the sewo~e treatment qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable ~nt. Yh~r~i~nneedlessCit~xoenditures. ~heCit~ Council. therefom finds it in the best interest of the City to laws. as amended, prohibit such dischar~e~ Section 5-1(d)(2) "Dischar~e Prohibited". Exceot as other- (B) The printed public notice that is attached was published in the newspaper once each week, wise exoresslv authorized in this Section. no water from any roof surface, sum~ oum~. footin~ tile. swimmin~ oool. for one successive weeks; it was first published on Thursday, the 3 day of an¥othernaturaloreci~itation, coolin~waterorindustri- al-process water shall be discharged into the sanitary sewer system. Dwellinzs and other buildings and structures July 2003, and was thereafter printed and published on every Thursday to and which reouire sumv vumvs or footin~ tiles shall have a ~er- ' manentlv installed discharge line which shall not at any including Thursday, the day of ,2003; and printed below is a copy of the iastimeprovideddischar~eherein~WaterAint°oermanentthe sanitarVinstallationSewer system.shall beeXCe°tone I which orovides for year round discharge cavabilit¥ to el- lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the ther the outside of the dwelling, buildin~, or structure, or is connected to a City storm sewer. It shall consist ora rip, id the composition and o~f the notice: ! disehar~eline, without valvin~ or auick connections for al- abedefghijld, nmo t Section $-1(d)(3) "Disconnection". Be[ore dulv 15~ £005, groundwater sump pum~. £ootin~ tile, swimmin~ oooL Fi ~ c~olin~ water or unoolluted industrial process water now conm~cted and/or dischar~in~ into the sanitary sewer sys- tem shall diseoanect or remove same. Any disconnects or openings in the sanitary sewer system shall be closed or re- Subscribed and swo~ or affirm4 beforo me p~kthis ~ day of ~3~..L.~2003. ;~p~. DEL M. HEDBLOM '~ ~ ~:~!~ NOTARY PUBLIC-MINN~O'rA ~'~ MYC0MMiSSlGNEXPIRES,~,.200{ I m -_~-_-_- _-_-- _-_ - ~-- --- RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 oer line for comparable space (2) Maximum rate allowed by law $ 6.20 _Der line (3) Rate actually charged $ 1.40 _Der line ORDINANCE NO. 03-16 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 8-33 REGULATING SECOND HAND DEALERS LICENSES The City Council of the City of New Hope ordains: Section 1. Section 8-33(c) "License Required" of the New Hope City Code is hereby amended to read as follows: Section 8-33(c) "License Required". No person, firm or corporation shall conduct or operate the business of pawnbroker, precious metal dealer and second hand dealer without having fu:st obtained a license therefore as herein provided; or in violation of any of the provisions herein contained. No pawnbroker, precious metal dealer and second hand dealer license may be transferred to a different location or a different person. A separate license is required for each place of business. A person may be issued multiple licenses if there has been compliance with this code and all other county, state and federal laws for each license. The following transactions shall be required to obtain a second hand dealers license but shall be exempt from the general license restrictions set forth in Section 8-33(0) of this Code, except those restrictions set out in Sections 8-33(0)(9) through (15). The following transactions subject to the second hand dealers license shall also be exempt from the business manager requirement in Section 8- 33(e) and the investigation and billable transaction fees in Section 8- 33(j) of this Code: (1) The sale of second hand books or magazines; ~2) The sale of second hand clothing or linens. This does. apply to the sale of second hand sporting goods equipment. Further, dealers of second hand bedding must comply with Minm Stat..~.~ 325F.25. through 325F.34; (3) The sale of second hand kitchen or laundry appliances; (4) The sale of second hand furniture; (5) Sales by charitable organizations that take second hand goods for no compensation; (6) A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock. Section 2. Section 8-33(d) "Exemptions to License Requirement" of the New Hope City Code is hereby amended by repealing subsections 8-33(d)(2)(b),(c),(d),(e),(i) and (m) in their entirety and renumbering the remaining sections of 8-33(d)(2) accordingly. Section 3. Section 8-33(n) "Conditions for Approval of License" of the New Hope City Code is hereby amended by adding subsection 8-33(n)(6) to read as follows: Section 8-33(n)(6) The following conditions must be complied with before a location shall be eligible for a second hand dealers license: (a) The receipt or transfer of all used goods to the second hand dealer shall be conducted entirely within the building or tenant bay. Outdoor drop off areas shall not be allowed. bLb_) Outdoor storage of merchandise of any kind shall not be permitted. (c) All refuse containers, dumpsters and trash handling equipment shall be approved by the City, maintained in good repair and shall comply with the following conditions: (1) The exterior walls or fence treatment of the trash enclosures shall be similar or complementary to the exterior finish of the principal building. (2) Trash enclosures shall be located in the side or rear yards and meet the applicable setback requirements. (3) Trash enclosures shall be accessible for pick up and hauling vehicles. (4) The trash enclosures shall fully screen trash receptacles from view of adjacent properties and public rights-of-way. ~11 locations where clothing sales occur shall provide at least one (1) accessible changing room and restroom facility. Section 4. Section 14-8(26) "Pawn Brokers, Precious Metal Dealers and Second Hand Dealer License" of the New Hope City Code is hereby amended to read as follows: Section 14-8(26) "Pawn Brokers, Precious Metal Dealers and Second Hand Dealer License". (a) A nonreftmdable Application $500.00, except second hand dealers license Fee exempt from Section 8-33(0) license restrictions shall pay a $200.00 nonrefundable application fee. (b) A nonrefnndable Investigation Actual Cost of investigation not to exceed Fee (including Manager investigation) $10,000.00. If investigation solely conducted in Minnesota, the investigation fee shall be $500.00 2 (c) Annual License Fee $2,500.00, except second hand dealers license exempt from Section 8-33(0) license restrictions shall pay a $300.00 annual license fee. (d) Billable Transaction Fee: (1) Modem Transaction $2.00 (2) Manual Transaction $3.00 Section 5. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 23rd day of June, 2003. W. Peter Enck, Mayor Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 3rd day of July , 2003.) P:\Attomey\Cnh Ordinances\Ordinance 03-16.doc 3 City of New Hope om~ AN ORDINANCE AMENDING NEW HOPE CODE The City Council of the City of New Hope Ordains: ~.{~wspap{~'~s Section ~, Section 8-33(c) "License Reeuir~ _~" of the New AFFIDAVIT OF PUBLICATION Section 8~33(c)"License Reouired". No person, firm or co precious metal dealer and second hand dealer without ha violation o~' any of the pro~ision.s herein contained. No pat may be .transferred to a d~fferent location Or a different p, STATE OF MINNESOTA) A person may be issued multiple licenses if there has beel eral laws for each license. The fOllowing tr0nsacti6h$ sba SS. be exemot from the general licenSe restrictions set forth J in Sections 8-33(o)(9) through (15). The fdllowing transact emot from' the business m~nager reouirement in Section COUNTY OF HENNEPIN) Se~an s-33(i) oft~s Code; Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief ~ The sale of second hand books or magazines: (2) The sale of second hand clothing or linens. This does then dealers of s~cond hand bedding must comnIv w~th Financial Officer of the newspaper known as Sun-Post , and has full (3) The sole of second hand kitchen or lannd~'v ann]lance (4) The sale of second hand furniture; knowledge of the facts stated below: ~ Sales~bv charitable organizations that take secood (6) A bulk sale of]~ronertv'from a merchant~ manufactm goods sold at anen sale'from benkraot stock. (A) The newspaper has complied with all of the requirements constituting qualification as a Section 2. Section 8-33(d) ~Exemnt~s t~ License Reaui qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable pealing subsections 8-33(d)(2)(b),(c),(d),(e);(i) and (m) in 33(d)(2) eceerdingly. - ' . laws, as amended. ~ Section 8-33(n) "Con&tiens for Aooroval of Lic subsection 8-33(n)(6) to read as follows: - (B) The printed public notice that is attached was published in the newspaper once each week, Sectian 8-33(n)(6) The following conditions must be c0m for one successive weeks; it was first published on Thursday, the 3 day of deal. ors License:. . (a~ The receint or transfer of all used goods to the second July 2003, and was thereafter printed and published on every Thursday to and tenant bay. OutAoor dreu off areas shall not be allowed. ' Lb.] Outd~ar storage of merchandise of any kind shallnot (c) All refuse containers, dumosters and trash handEng e( including Thursday, the day of ,2003; and printed below is a copy of the pair and shall comolv with the following conditions: lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the m The exterior walls or fence tYeatmen~t of:the trash eneh of the urincinal building. ,_~ (21 Trash enclosures shall be lecatod in the side or rea~ size and kind of used in the composition and he notice:, _ [~imlcauon o[J[ (3) Trash enc]asures shall be accessible for rick uo and h~ p~vwx3~~ j~ ~ ~,,~_.~~/~ (4) The trash enclosures shall fully screen trash receotae] abcdefghijldmno (d) All locations where clothing sales occur shall orovide Section 4. Section 14-8(26) "Pawn Brokers. Precious Met~ BY/ ~ -~[,, ~.~,~,~~,~ ~'v ~ ~z -- City Cede is hereby amended to read as follows: CFO ~ Section 14-8(26) "Pawn Brokers. Precio. us Metal Dea~er~ a {a) A nom'efundable Application Fee $500.00. e (b) A nourefundable Investigation Fee Actual Co: ~m~o edfoefore me (including Manager investigation). [finvestig Subscribed and sw or affirm be $500.0( ~iS day O~/~20~ 3.: , (c)Annual License Fee $2,500.00~ ~ . 33(o) licen 2]k~ (d) Billable Transaction Fee: (2) Manual Transaction $3.00 { ~ Section 5. Effective Date. This Ordinance shall be effectiv ~ MERIDEL M. HEDBLOM ~ Dated the 23rd day of June, 2003. ~..~i~)~ NOTARY PUBLIC-MINNE~OI'A/ ~ W. Peter Enck, Mayor ~ MY COMMIS$1QN EXPIRES 1-31-2005 ~ Xt~st: RATE INFORMATION (July 3, 200~ (1) Lowest classified rate paid by commercial users $ 2.85 _Der line for comparable space (2) Maximum rate allowed by law $ 6.20 Der line (3) Rate actually charged $ 1.40 per line ORDINANCE 03-17 AN ORDINANCE AMMENDING SECTION 1.5(i) REGARDING THE TEMPORARY PROHIBITION ON ALL CONSTRUCTION AND DEVELOPMENT WITHIN FOUR STUDY AREAS IDENTIFIED BY THE LIVABLE COMMUNITIES TASK FORCE The City Council of the City of New Hope ordains: Section 1. Section 1-5(i) "Suspension of Construction and Development in Livable Communities Task Force Study Areas" of the New Hope City Code is hereby added to read as follows: - Section 1-5(i) "Suspension of Construction and Development in Livable Communities Task Force Study Areas". Pursuant to Minn. Stat. Section 462.355, Subd. 4, a ban is hereby imposed until July 31, 2004, on the application for and issuance of building permits under Chapter 3 of this Code (excluding permits for routine maintenance and repairs), text changes, variances, conditional use permits and rezoning requests under Chapter 4 of this Code and subdivision requests under Chapter 13 of this Code for any construction, use, development or subdivision of all residential and commercial zoned properties located in the following described area in the City of New Hope: 1-5(i)(1) "Bass Lake Apartments Study Area". The Bass Lake Apartments study area includes all property located in an area lying east of Yukon Avenue North, west of the Village Green Golf Course and north of Bass Lake Road and abutting on 58th Avenue North between Yukon Avenue North and the Village Green Golf Course. 1-5(i)(2) "North Bass Lake Road/Winnetka Avenue Study Area". The North Bass Lake Road/Winnetka Avenue study area includes all property located in an area lying east of Winnetka Avenue North, west of Sumter Avenue North, north of Bass Lake Road but excluding the properties abutting onto Bass Lake Road between Winnetka and Sumter and south of 58th Avenue North. 1-5(i)(3) "Winnetka Avenue West Study Area". The Winnetka Avenue West study area includes all property located in an area lying ;.:,'cst east of Zealand Avenue North, cast west of Winnetka Avenue North, north of 55th Avenue North and south of Bass Lake Road but excluding those properties south of Bass Lake Road from Zealand to Wisconsin Avenue North abutting onto Wisconsin Avenue North. 1-50)(4) "Winnetka Avenue East Study Area". The Winnetka Avenue East study area includes all property located in an area abutting Winnetka Avenue North on its east side between 53rd Avenue North and Bass Lake Road, excel~t for 1 5300 l~'innetka Avenue North, all properties abutting Bass Lake Road on its south side between Winnetka Avenue North and St. Raphael Church, all properties abutting Sumter Avenue North south of Bass Lake Road and north of ~6~ 55~ Avenue North and the four interior lots with access to Bass Lake Road via the narrow private driveway west of St. Raphael Church. This area excludes all properties abutting ~ 55t~' Avenue North, the first two properties abutting Sumter on its east side north of ~-i6~ fi5th Avenue North and the first three lots on Sumter Avenue abutting its west side north of~ 55~h Avenue North. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. - Dated the 28 dayof July ,2003. /? ,,/ W. Peter Enck, Mayor Attest: ~~,' ~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 7th day of .~ugust ., 2003.) P:XAttomcy\Cnh Ordinances\Ordinance 02-09amended.doc 2 City of New Hope (Official Publication) ORDINANCE 03-17 AN ORDINANCE AMENDING SECTION 1.5(i) REGARDING TEMPORARY PROHIBITION ON ALL CONSTRUCTION AND DEVELOPMENT WITHIN FOUR STUDY AREAS IDENTIFIED BY THE NEW HOPE LIVABLE COMMUNITIES n wspapers · The City Council of the City of New Hope ordains: AFFIDAVIT OF PUBLICATION Section 1. Section 1-5(i)"Susoension of Construction and Develonment in Livable Comm,mi~:ies Task Force Study Areas" o£the New Hope City Code is hereby added to read STATE OF MINNESOTA) as follows: Section 1-5(i) "Susoension of Construction and Develon- SS. ment in Livable Communities Task Force Study Areas". Pursuant to Minn. Stat. Section 462.355, Subd. 4, a ban is hereby imposed until July 31, 2004, on the application for COUNTY OF HENNEPIN) and issuance of building permits under Chapter 3 of this Code (excluding permits for routine maintenance and re- Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief pairs), text changes, variances, conditional use permits and rezoning requests under Chapter 4 of this Code and subdivision requests under Chapter 13 of this Code for any Financial Officer of the newspaper known as Sun-Post , and has full construction, use, development or subdivision of all resi- dential and commercial zoned properties located in the fei- knowledge of the facts stated below: lowing described area in the City of New Hope..' 1-5(i)(1) "Bass Lake Anartments Study Ares". The Bass (A) The newspaper has complied with all of the requirements constituting qualification as a Lake Apartments study area includes all property located in an area lying east of Yukon Avenue North, west of the qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable Village Green Gulf Course and north of Bass Lake Road and abutting on 58th Avenue North between Yukon Av. enue North and the Village Green Golf Course. laws, as amended. 1-5(i)(2) "North Bass Lake Road/Winnetka Avenue Stu( (B) The printed public notice that is attached was published in the newspaper once each week, Are~". The North Bass Lake Road/WinnetkaAvenue study area includes all property located in an area lying east of Winnetka Avenue North, west of Sumter Avenue North, for one successive weeks; it was first published on Thursday, the 7 day of northofBassLakeRoadbutexcludingthepropertiesabut- ting onto Bass Lake Road between Winnetka and Sumter August ,2003, and was thereafter printed and published on every Thursday to and and south of58th Avenue North. 1-5(i)(3) ~"Wirmetka Avenue West Study Area". The Win- including Thursday, the __ day of ,2003; and printed below is a copy of the netka Avenue West study area includes aU. property locat- ed in an area lying ~ east of Z~a]and Avenue North, ~ lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the west of Winnetka Avenue North, north of 55th Avenue, North and south of Bass Lake Road but excluding those ~ properties south of Bass Lake Road from Zealand to Wis- size and kind of type used in the composition and publication of the notice: consin Avenue North abutting onto Wisconsin Avenue abcdefghijklmnopqmt /~ /] 1-5(i)(4) "Winnetka Avenue East Studv Area". The Win- netka Avenue East study area includes all property locat- ed in an area abutting Winnetka Avenue North on its east BY:. gide between 53rd Avenue North and Bass Lake Road, ex- cert ~or 5300 Winnetka Avenue North. all properties CFO abutting Bass Lake Road on its south side between Win- netka Avenue North and St. Raphael Church, all Proper- ties abutting Sumter Avenue North south of Bass Lake Road and north of ~;~k- 55th Avenue North and the four in- nfe terior lots with access to Bass Lake Road via the narrow Subscribed and swop,r~ or affir d. before me private driveway west of St. Raphael Church. This area excludes all properties abutting ~ 55th Avenue North, /~.~ ~(~ I ],-J[[ ~/~,0 the first two 'properties abutting Sumter 0n its east side .uti this day ~ 03. north of ~ti* 55th Avenue North and the first three lots on /~ ~ ,d l~i~ I ,~~ AvenueSumter ANorth.e abutting its west side north of ff~t/~ 55th Section 2. Effective Date. This Ordinance shall be effec- ~ rive upon its passage and publication. Not~ Public ] Dated the 28th day of July, 2003. ii ' W. Peter Enck, Mayor ~ ~!~i~.).~ NOTARY PUBLIC-MINNESOTA Attest: MY COMMISSION EXPIRES 1~1'200~ Valerie Leone, City Clerk · . ' · (Aug 7, 2d03.)P2/Ord 03-17 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line ORDINANCE NO. 03-19 AN ORDINANCE AMENDING CHAPTER 14 OF THE NEW HOPE CITY CODE BY ESTABLISHING A FEE FOR LAND USE CONFIRMATION LETTER The City Council of the City of New Hope ordains: Section 1. Section 14-4(1) "Zoning Permit Fees" of the New Hope City Code is hereby amended to read as follows: Section 14-4(1) "Zoning Permit Fees". Fees for the zoning permits required by subsection 4-30(c) and 4-30(f) are as follows: Basic Fee Amount. Land Use Confirmation Letter .............................. $50.00 Minor residential conditional use ........................... $75.00 All other conditional use ................................... $225.00 Zoning amendments (district or text) ....................$250.00 Variances, single family-residential ........................ $75.00 All other variances .......................................... $175.00 Planned Unit Development ................................$500.00 Site and Building Plan Review ............................ $150.00 Administrative Permit Residential (except Home Occupation) ....................$50.00 Administrative Permit Permitted Home Occupation ................................. $25.00 Administrative Permit Commercial/Industrial ...................................... $100.00 Zoning deposit. Estimated actual cost to the City as defined by subsection 4- 30(f)(3) of this Code as determined by the City Manager. Supplemental zoning deposit (as required). Estimated actual cost to the City as defined by subsection 4-30(0(4) of this Code as determined by the City Manager. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 25th day of August , 2003. W. Peter Enck, Mayor Attest: ~A~ ~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the llth day of September , 2003.) P:\ATTORI~Y\CNH ORDINANCES~ORDINANCE O~-Ig.DoC 2 City of New Hope (Official Publication) ORDINANCE NO. 03-19 AN ORDINANCE AMW. NDING CHAPTER 14 OF THE NEW HOPE CITY CODE BY ESTABLISHING A FEE FOR LAND USE CONFIII34ATION LE'I'rER ~ewspape~oS The City Council of the City of New Hope ordains: Section 1. Section 14-4(1) "Zonina Permit Fees" of the New AFFIDAVIT OF PUB LICATION Hope City Code is hereby amended to read'~ foil .... Section 14-4t 1) "Zonina Permit Fees". Fees for the zoning permits required by subsection 4-30(c) and 4-30(f) are as STATE OF MINNESOTA) foil .... Basic Fee Amount. SS. Land Use Comqrmation Letter ............... $50.00 HENNEPIN) Mi ...... idential conditional ................ $75.00 COUNTY OF All other conditional use .................... $225.00 Zoning amendments district or text~ ........ $250.00 Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Variances. single family-residential .......... $75.00 All other variances ........................ $175.00 Financial Officer of the newspaper known as Sun-Post and has full ~ Planned Unit Developmen~ ................. $500.00 ' Site and Building Plan Review .............. $150.00 Administrative Permit knowledge of the facts stated below: Residential (except Home'Occupation) ......... $50.00 Administrative Permit Permitted Home Occupation ................. $25.00 (A) The newspaper has complied with all of the requirements constituting qualification as a Administrative Permit Commercial/industrial ..................... $100.00 qualified newspaper, as provided by Minn. Stat. ~331A.02, §331A.07, and other applicable Zoning deposit. Estimated actual cost to the'Cit~ as de- fined by subsection 4-30(f)(3) of tl~s Code as determined laws, as amended, by the City Manager. Supplemental zoning deposit (as required). Estimated ac- (B) The printed public notice that is attached was published in the newspaper once each week, tual cost to the City as defined by subsection 4-30(f)(4) of ~his Code as determined by the City Manager, for one successive weeks; it was first published on Thursday, the 11 day of Section 2. Effective DaTe, This Ordinance shall be effec- tive upon its passage and publication. September , 2003, and was thereafter printed and published on every Thursday to and Dated the 25th day of Augus;. 2003. including Thursday, the day of ,2003; and printed below is a copy of the w. Peter Efick. Mayor lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the ^ttest: Valerie Leone. City Clerk size and kind of type used in the composition and publ[c~tie~41~ notice: (Sept 11. 2003 P~/Ord 03-~9 _ CFO / Subscribed and sworn tp or aff/rmed before me on this / ~Y day of~54.~/] ~ . 2003. NOTARY PUBLIC-MINNESOTA MY COUMISSION EXPIRES 1-31-2005 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 Der line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line ORDINANCE NO. 03-21 AN ORDINANCE IMPLEMENTING AN ELECTRIC ENERGY FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION D/B/A XCEL ENERGY, FOR PROVIDING ELECTRIC ENERGY SERVICE WITHIN THE CITY OF NEW HOPE THE CITY OF NEW HOPE DOES ORDAIN: Section 1. Chapter 14 "Fees, Charges and Financial" of the New Hope City Code is hereby amended by adding Subsection 14-51 "Electricity Franchise Fee" to read as follows: 14-51. "Electricity Franchise Fee". (a) Definitions. For the purposes of this Ordinance, the following terms shall have the following meanings: (1) City. The City of New Hope, County of Hennepin, State of Minnesota. (2) Code. The City of New Hope Municipal Code (3) Company. Northern States Power Company, a Minnesota corporation d/b/a Xcel Energy, its successors and assigns. (4) Franchise Agreement. The franchise agreement between the City and Company pursuant to City Ordinance 91-19. (5) Notice. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Regional General Manager thereof at 1518 Chestnut Avenue North, Minneapolis, Minnesota 55403. Notice to City shall be mailed to the City Clerk at 4401 Xylon Avenue North, New Hope, Minnesota 55428. (b) Purpose. The New Hope City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City. Pursuant to the Franchise Agreement the City has the right to impose a franchise fee on Company. (c) Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the January 2004 billing month, and in accordance with the following fee schedule: Amount per Account Customer Classification per Month ($) Residential $1.50 per month Small Commercial & Industrial - Non-Demand ~ $4.50 per month Small Commercial & Industrial - Demand $9.00 per month Large Commercial & Industrial $36.00 per month Public Street Lights $4.50 per month Municipal Pumping - Non-Demand $4.50 per month Municipal Pumping - Demand $4.50 per month (d) Account Fee. This fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for anY account, the highest possible fee amount shall apply. (e) Payment. Franchise fees are to be collected by the Company and submitted to the City as follows: January - March collections due by April 30. April - June collections due by July 31. July - September collections due by October 31. October - December collections due by January 31. (f) Record Support for Payment. The Company shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non-collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, free access to the Company's records for the purpose of verifying such statements. (g) Payment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non-collectible accounts. (h) Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the Company to add a surcharge to customer rates to reimburse the Company for the cost of implementing and administering the fee. (i) 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 ofthis mediator. Ifa mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, 2 either party may commence an action in District Court to interpret and enforce this ordinance or for such other relief permitted by law. (j) Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and sixty (60) days after the sending of written notice enclosing a copy of this adopted Ordinance to Company by certified mail. Collection of the fee shall commence as provided above. (k) Relation to Franchise Agreement. This ordinance is enacted in compliance with the Franchise Agreement shall be interpreted as such. If a provision of this ordinance cannot be reasonable interpreted to avoid conflict with the Franchise Agreement, this ordinance will control. (1) Review. The City Council shall review this ordinance every two years in whatever manner the City Manager then determines to be appropriate, including, but not limited to, review by the City Council in either a work session or a regular session. Failure to review this ordinance shall not in any way invalidate or limit it. (m) Permit Fees. The franchise fee shall be payable to the City by the Company in lieu of permit or other fees otherwise imposed on the Company in relation to its operations as a public utility in the City so long as the following requirements are met: (1) The Company applies for any and all permits, licenses and similar documentation as though this provision did not exist. (2) The Company requests the fee to be waived at the time of application. Section 2: Effective Date. This ordinance takes effect as provided herein. PASSED AND ADOPTED BY THE CITY COUNCIL THIS 27th DAY OF OCTOBER 2003. W. Peter Enck, Mayor ATTEST: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 6th day of November, 2003.) P:~Attorney~DJD~2. City of New Hope\99.40123 - Imposition of Electricity Franchise Fee\99.40123-001-Franchise Fee Ordinance 5.doc City of New'Hope ORDINANCE NO. O3-21 AN ORDINANCE IMPLE~G AN ELECTRIC ENERGY FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION D/B/A XCEL ENERGY, FOR PROVIDING ELECTRIC ENERGY SERVICE WITHIN THE CITY OF NEW HOPE THE CITY OF NEW HOPE DOES ORDAIN: ~ Section 1. Chapter 14 "Fees. Char~es and Financial~ of the New Hope City Code is hereby amended by adding Subsection 14-51 "Electricity Franchise Fee" to read as newspapers AFFIDAVIT OF PUBLICATION ~4-~L "Electricity Franchise Fee". (a) Definitions. For the purposes of this Ordinance, the STATE OF MINNESOTA) following terms ~hall have the following meanings: City: The City of New Hope, County of Hennepin, State SS. of Minnesota. COUNTY OF HENNEPIN) Code The City of New Hope Munimpal Code Company. Northern Star, es Power Company,' a Miuneso- Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief ~a corporation clf~a Xcel Energy, its successors and as- signs. Financial Officer of the newspaper known as Sun-Post and has full Franchise Agreemen[. TI're franchise agreemen~ between knowledge of the facts stated below: the City and Company pursuant to City Ordinance 91~19. Notice. "Notice" means a writing served by any party or (A) The newspaper has complied with all of the requirements constituting qualification as a parties on any other party or parties. Notice to Company shall be mailed to the Regional General Manager thereof qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable taar 55403.1518 ChestnUtNotice toAVenUecity shaltN°rth'be mailedMinneap°liS'to the CityMinnese-Clerk at 4401 Xylon Avenue North, New Hope Minnesota laws, as amended. 5542-8' ' (B) The printed public notice that is attached was published in the newspaper once each week, (~) Purpose. The New Hope City Council has determi~od that it is in the best interest of the City to impose a fran- for one successive weeks; it was first published on Thursday, the 6 day of chise fee on those public utility companies that provide; natural gas and electric services within the City. Pur- suant to the Franchise Agreement the City has the right November 2003, and was thereafter printed and published on every Thursday to and to impose a franchise fee on Company. including Thursday, the day of ,2003; and printed below is a copy of the (c) Franchise Fee Statement and Schedule. A franchise · fee is hereby imposed on Company commencing with the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the January 2004 bflling~manth, and in accordance with the fo]lowing fee schedule: size and kind of type used in the composition and publiF, a~'~'~-OTlfl,e notice: / Amount her Account abcdefghijklmnolxl Residentia] $1.50 Per month Small Commercial & Industrial - Non-Demand $4.50 per month` B ! Small Commercial & Industrial - Demand $9.00 per mon~kq ' Large Commermal & Industrial $36.00 per montK Public Street Lights $4.50 per.month Municipal Pumping - Non-Demand $4.50 per month , MunicilSal Pumping - Demand $4.50 per month Subscribed and sworn, t/.o-or-- affirmed ~efore me (dl Account Fee. This fee is an account based fee andnot ~ ~ / ~ a meter-basod fee. In the event that an entity covered by o~n.n this day of ~ /J-J , 2003. this ordinance has more than one meter, butonlyo]{eac. count, only one fee shall be assessed to that ~{cconnt. ~~ , ~(~ (~ / f~'~\/~, ~\ the event any entities covered by this o~dinance have ' ~ ~ ~ ! t,' ' ! ^,4 / more than one acceun~, each account shah be subject to the appropriate fee. In the event a question arises as the proper fee amount for an~ accennt, the highest possi~ Nota~Pa_ub_lic- -_- ___~-- ' -_ _-~ ble fee amount shall apply. ~ ~ (e) Payment. Franchisefeesaretobecollectedbythe MERIDEL M. HEDBLOM Company and submitted to the City as follows: ' ~ ~111~ NOTARY POSI.IC4,11NNE~OTA · ~ ~ MY COMMISSION EXPIRES 1'~"~0~ ~ January - March collections due by April 30. .~ ~ April ~ June collections due by Jaly 31. · _ _. -_-_ ~ _ _ .... · July- September collections due by October 31. RATE INFORMATION October '- December'collections due by January 31. ! (f) Record Support for Payment. The Company ~hall make. each pas~n~ent when due and, if requested b~ the (1) Lowest classified rate paid by commercial users $ 2.85 Der line City, shall provide a statement summarizing how the for comparable space ~'ra~.chise fee. payment was determined, including iv. for- mabon showing any adjustments to the total made to ac- count for any non-cellectible accounts, refunds or error (2) Maximum rate allowed by law $ 6.20 per line corrections. The Company shall permit the City, and its representatives, free access to the Company's records for the purpose ofvei~ifying such statements. (3) Rate actually charged $ 1.40 0er line (g) PaymentAdjustments. Payment to the Citywill~e ad- justed where the Company is unable to collect the fran- chise fee. This includes nomcoliectible account. (h) Surcharge. The City recognizes that the Minnesota I.-Publlc Utilities Comrmssion allows the Company to add i a surcharge to customer rates to reimburse the Company for the cost of implementing and administering the'fee. (J) Dispute Resolution. If"either party asserts that the ~ other party is in defhul[ in the performance df any oblig- _a?,ion her,eund~es, the ~comptaining party shall nuttily the' o~ner party or the aemult and the desired remedy. The notification shall be written. Representatives oftl~e par- ties must promptly meet and attempt in good faith t~ ne- gotiate a resolution of the dispute. If the dispute L~ not re- - qolved within 30 days of the written notice, the oarties_ ORDINANCE NO. 03-22 AN ORDINANCE IMPLEMENTING A GAS ENERGY FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORP., A DELAWARE CORPORATION, FOR PROVIDING GAS ENERGY SERVICE WITHIN THE CITY OF NEW HOPE THE CITY OF NEW HOPE DOES ORDAIN: Section 1. Chapter 14 "Fees, Charges and Financial" of the New Hope City Code is hereby amended by adding Subsection 14-52 "Gas Franchise Fee" to read as follows: 14-52. "Gas Franchise Fee". (a) Definitions. For the purposes of this Ordinance, the following terms shall have the following meanings: (1) City. The City of New Hope, County of Hennepin, State of Minnesota. (2) Code. The City of New Hope Municipal Code (3) Company. Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp., a Delaware corporation, its successors and assigns. (4) Franchise Agreement. The franchise agreement between the City and Company pursuant to City Ordinance 03-08. (5) Notice. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy Minnegasco, V.P., Regulatory & Supply Service, 800 LaSalle Avenue, Minneapolis, MN 55402-2006. Notice to City shall be mailed to the City Clerk at 4401 Xylon Avenue North, New Hope, Minnesota 55428. (b) Purpose. The New Hope City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City. Pursuant to the Franchise Agreement the City has the right to impose a franchise fee on Company. (c) Franchise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the January 2004 billing month, and in accordance with the following fee schedule: Customer Classification Amount per Account per Month ($) Residential $1.50 per month Commercial -A ("Com A") $3.00 per month Commercial / Industrial - B ("Com/Ind B") $6.00 per month Commercial / Industrial - C ("Com/Ind C") $20.00 per month Small Volume, Dual Fuel A ("SVDF A") $30.00 per month Small Volume, Dual Fuel B ("SVDF B") $40.00 per month Large Volume, Dual Fuel ("LVDF") $60.00 per month (d) Account Fee. This fee is an account based fee and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter, but only one account, only one fee shall be assessed to that account. In the event any entities covered by this ordinance have more than one account, each account shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any account, the highest possible fee amount shall apply. (e) Payment. Franchise fees are to be collected by the Company and submitted to the City as follows: January - March collections due by April 30. April - June collections due by July 31. July- September collections due by October 31. October - December collections due by January 31. (f) Record Support for Payment. The Company shall make each payment when due and, if requested by the City, shall provide a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total made to account for any non-collectible accounts, refunds or error corrections. The Company shall permit the City, and its representatives, free access to the Company's records for the purpose of verifying such statements. (g) Payment Adjustments. Payment to the City will be adjusted where the Company is unable to collect the franchise fee. This includes non-collectible accounts and customers on guaranteed fixed pricing program (No Surprise Bill program) through the term of their contract (contracts currently run from October to October). (h) Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the Company to add a surcharge to customer rates to reimburse the Company for the cost of implementing and administering the fee. (i) 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 ordinance or for such other reliefpermitted by law. (j) Effective Date of Franchise Fee. The effective date of this Ordinance 'shall be after its publication and sixty (60) days after the sending of written notice enclosing a copy of this adopted Ordinance to Company by certified mail. Collection of the fee shall commence as provided above. (k) Relation to Franchise Agreement. This ordinance is enacted in compliance with the Franchise Agreement shall be interpreted as such. If a provision of this ordinance cannot be reasonable interpreted to avoid conflict with the Franchise Agreement, this ordinance will control. (1) Review. The City Council shall review this ordinance every two years in whatever manner the City Manager then determines to be appropriate, including, but not limited to, review by the City Council in either a work session or a regular session. Failure to review this ordinance shall not in any way invalidate or limit it. (m) Permit Fees. The franchise fee shall be payable to the City by the Company in heu. of permit or other fees otherwise imposed on the Company in relation to its operations as a public utility in the City so long as the following requirements are met: (1) The Company applies for any and all permits, licenses and similar documentation as though this provision did not exist. (2) The Company requests the fee to be waived at the time of application. Section 2: Effective Date. This ordinance takes effect as provided herein. PASSED AND ADOPTED BY THE CITY COUNCIL THIS 27th DAY OF OCTOBER, W. Peter Enck, Mayor ATTEST: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 6th day of November, 2003.) P:~Attomey~DJDX2. City of New Hope\99.40122 - ]Imposition of Gas Franchise Fee\99.40122-001-Gas Franchise Fee Ordinance 3.doc City of New Hope ORDINANC~E NO. 03.22 AN ORDINANCE IMPLEMENTING A GAS ENER- GYFRANCHISE FEE ON CENTERPOINT ENER- GY MINNEGASCO, A DIVISION OF CENTERPOINT ENERGY REsoURCEs COP, P, A DELAWARE CORPORATION, FOR PROVIDING GAS ENERGY SERVICE WI'rHIN THE CITY OF NEW HOPE THE CITY OF NEW I-[OPE DOES ORDAIN: Section 1. Chapter 14 "Fees, Charges and Financial" of ~- _--"~--_ wspapel~s the New Hope City Code is hereby amended by adding Subsection 14-52 "Gas Franchise FeeT to r~ad as follows: 14-52. "Gas Franchise Fee". AFFIDAVIT OF PUBLICATION (a) Definitions. For the purposes of this Ordinance. the following terms shah have the following meanings: STATE OF MINNESOTA) City. The City of New Hope, county of Henr/epin, State SS. of Minnesota. COUNTY OF HENNEPIN) Code. The City (if New Hope Municipal Code Company. Centerpoint Energy Minnega~co, a division of Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Centerpoint Energy Resources Corp., a Delaware corpo- ration, its successors and assigns. Financial Officer of the newspaper known as Sun-Post and has full Franchise Agreement. The franchise agreeraent between knowledge of the facts stated below: the city and Company pursuant to City Ordinance 03-08. Notice. "No, ice" means a writing served by any.party or (A) The newspaper has complied with all of the requirements constituting qualification as a parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy Minnegasco, V.P., Regulatory & Supply Service, $00 LaSalle Avenue, Mia- qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable neapolis, MN 55402~2006. Notice to City shah be mai]od to the City Clerk at 4401 Xylon Avenue North. New Hope, laws, as amended. Minnesota 55428. (B) The printed public notice that is attached was published in the newspaper once each week, (b) Purpose. The New Hope City Council has determined that it is in the best interest of the City [o impose a fran- chise fee on those public utility companies that provide for one successive weeks; it was first published on Thursday, the 6 day of natural gas and electric services within the City. Pur- suant to the Franchise Agreement the City has the right November 2003, and was thereafter printed and published on every Thursday to and to impose a franchise fee on Company. including Thursday, the day of ., 2003; and printed below is a copy of the (c) l~ancliise Fee Statement and Schedule. A franchise fee is hereby imposed on Company commencing with the January 2004 billing month, and in accordance with the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the following fee schedule: size and kind of type used in the composition and publicati~Loa_o. Lf the notice: Customer Classification Amount ~er Account abcdefghijklmnopqrs Residential $1.50 per month y/~,~7~ ~f--~ Commercial - A ("Cum A') $3.00 per month B Commercial / Industrial - B ("Com/Ind BT) $6.00 per month CFO ~ - Commercial / Industrial - C ("ComYlnd C') $20.00 per month Small Volume, Dual Fuel A ("SVDF ~V') $30.00 per month Small Volume, Dual Fuel B Subscribe~d and sworq t0~,r affirmec[~before me ("SVDF B') - $40.00 per month Large Volume, Dual Fuel ("LVDF') $60.00 per month 0fn.t.~is day of /2 2 (d) Account Fee. This fee is an account based fee and not \ ~ a meter-based fee. In the event that an entity covered by ~!. ~, 1 ~/ ,~: '~ t~Js ordinance has .... than one meter, but only one ac- i ~ count, only one fee shall be assessed to that account. In ~ ]i~,~~ ,~ 'i ti _~J. ~'!..~...A_.~ '~..~ the eventanyentitiesco~eredbythisordinancehave , , . ( ,, .~_ _.C~ ,. ~) more than one account, each account shah be subject to Notar~ ' k~ -~ ~" the appropriate fee. In the event a question arises as to '-P~ {~C~%~'d~-~ ~ ..... ,, .... ~'~- · the proper fe .... unt for any account, the highest possi- ~~~ bio fee .... nt shall apply. ~J[~...~.~ NOTARY PUBLIC-MINNF~A ~ el Payment. Franchise fees are to be collected by the ,~ ~ MYC0MMIS$ION EXPIRE~ '1-~1-~300~ ~[~ Company and submitted to the CLty as follows: [[~%%%.· _ .- __ - _ __ _ _ -_ _ -'~ January - March collections due by April 30. April - June collections due by July 31. RATE INFORMATION July - September collections due by October 31. October - December collections due by January 31. (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space ~f) R~cord' Support for Paymen~t.~. The Company ~hall make each payment when due and, if requested by the City, shah provide a statement summarizing how the (2) Maximum rate allowed by law $ 6.20 per line franchise fee payment was determined, including' infor. marion showingany adjustments to the total' made to ac- count for any non-collectible accounts, refunds or error corrections. The Company Shah permit the City, and its (3) Rate actually charged $ 1.40 Der line representatives, free access'to the Company's records for the purpose of verifying such statements. ~ (g) Payment Adjustments. Payment to the CitywiLl be ad- justed where the Company is unable to collect the fram chise fee. T~dis includes non-collectible accounts and cue- turners on guaranteed fixed prising program (No Surprise. Bill program) through the term of their contract (con- ~r-acts currently run from October to October). (h) Surcharge. The City recognizes that the Minnesota Pubhc Utihties Commission allows the Company to add a surcharge to customer rates to reimburSe the Companj, for the cost of implementingundadminister'ing the fee. (i) Dispute Resolution. If either party asserts that the other partyis in default in the performance of any obllg~ ation ~hereunder. the comohaining'oarty.shall notify the ORDINANCE NO. 03-23 AN ORDINANCE AMENDING ANNUAL FIREWORKS LICENSE FEE The City Council of the City of New Hope ordains: Section 1. Section 14-10 "Fireworks License Fee" of the New Hope City Code is hereby amended to read as follows: Section 14-10. "Fireworks License Fee". The fee for a license to sell fireworks per Section 8-40 et al. of this Code shall be $200.00 $100.00 for the initial license and $200.00 $100.00 for all annual renewals of the license. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 13th day of October, 2003. Mayor Pro tem Attest: ~X~~. ~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 23rd day of October ,2003.) P:\ATTORNEY~CNH ORDINANCE~CNH99.80323-001 -ORD 03-23 AM~/qDING FIREWORKS LIC FEE.DOC City of New Hope ORDINANCE NO~ 03-23 AN ORDINANCE AMENDING ANNUAL FIREWORKS LICENSE FEE The City Council of the City of New Hope ordains: -- Section 1. Section 14-10 "Fireworks License Fee" of the ~-wSpap ~1~s New Hope City C0de is hereby amended to read ~ follows: Section 14-10. "Fireworks License Fee". The fee for a li- cense to sell fireworks per Section 8-40 et al. of this Code AFFIDAVIT OF PUBLICATION ~ o ........ hall be $ ........ $..100.00 for the initial hcense and $100..0~_ for all annual renewals of the license. STATE OF MINNESOTA) Section 2. Effective Date. This Ordina .... hall be effec- tive upon its passage and publication. SS. Dated the 13th day of October. 2003. COUNTY OF HENNEPIN) w. Peter Enck, Mayor Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun-Post , and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Thursday, the 23rd day of October ,2003, and was thereafter printed and published on every Thursday to and including Thursday, the day of ,2003; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition.and pu~e notice: BY:.//~.~~x~,,-~,,-~,-,- ~ CFO Subscribed and sworn tear affirmed I~efore me on this~.~ day of ~! ~_~L ,i~003. N~)ta ' '_ .... · \, t ) RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 _Der line for comparable space (2) Maximum rate allowed by law $ 6.20 _Der line (3) Rate actually charged $ 1.40 per line ORDINANCE NO. 03 - 24 AN ORDINANCE AMENDING CHAPTER 3 OF THE NEW HOPE CITY CODE REGULATING BUILDING SPRINKLER SYSTEMS ' The City Council of the City of New Hope ordains: Section 1. Section 3-2(a)(2) "Optional Enforcement Provisions Adopted" of the New Hope City Code is hereby amended by amending subsection 3-2(a)(2)(a) "Special Fire Protection Systems" to read as follows: a. Chapter 1306 - "Special Fire Protection Systems". The adoption of this Chapter shall specifically include the adoption of Chapters 1306.0020, Subpart 2 and 1306.0030(E.)(-1-2_.). I Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 24th day of November, 2003. W. Peter Enck, Mayor Attest: r/~~/~Y~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 4th day of December, 2003.) P:~ATTORNEY\CNH ORDINANCES\ORDiNANCE 03-24-ORD AMEND FIRE SPRINKLER REQUIRE31ENTS.DOC 'City of New Hope (Ol~cial Notice) Ordln _an©e NO. ~ ~ New Ho~ Ci~ C~e ~g B~ ~er Sy~ms The Ci~ Co~ of ~e City of New Ho~ orda~s: ~ Section 3-2(a)(2) ment ~sions ~onted' of the New Ho~ City C~e hereby ~ended by ~end~g subs~tion 3-2(a~2)(a~ newspapers ci~ "e ~o~ion Svs~ms" ~ read as fo.ows: a. Ch~oter 1306 - ~S~al Fi~ Protection AFFIDAVIT OF PUBLICATION adopt~o~ o~ Chap~e~s ~306.0620, Subpa~[ 2 ~306.0030(~)(~. STATE OF MINNESOTA) ~C~ON ~O: ~e~[ve D~: [~e e~ec~ u~ its p~sa~e SS. ~a~ ~e 24~ aa~ of Novem~r, 2003. COUNTY OF HENNEPIN) W. Pete~ ~ack, ~a~o~ A~ST: ~cha~d Hend~ckson, be~n9 du~ sworn on an oath states o~ affirms, lhat he ~s the Chief ~ v~e~e ~one, ~ity Clerk ~iaanc~a[ Officer o~ the newspape~ known as Sun-Post and has ~u[~ Myles Mc Gra~, City Manor know~edge o~ the facts stated below: (Dsc. 4, 2003)P~la~ (A) The newspaper has complied w~th a~ of the ~equkements const~tufin9 q~a~ificat~on as a qualified newspaper, as p[ovided by Minn. Stat. ~33~A.02, ~33~A.07, and othe~ applicable ~aws, as amended. (B) The printed p~b~c notice that ~s a~ached was published in the newspaper once each week, for one s~ccess~ve weeks; ~t was first p~b~}shed on Thumday, the 4 day o~ December 2003, and was the~ea~er printed and published on ever~ Thursday to and includ~n~ Thumday, the da~ of ,2003; and pdnied below ~s a cop~ of the ~ower case a~phabet ~mm A to Z, both ~nc~us~ve, which ~s he~eb~ acknowledged as be~n9 size and kind of ~pe used in the composition and ~~e notice: ~-'~ l l~/ Z~ sY:.c~ / Subscribed and sworn to ~affirmod b~fore mo Oathis ~ day of ~/i~ C] , 2003. Nota~ MERIDEL M. HEDBLOM ~ NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1~I~5 B._- - __ _ -__ _ ~ - RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line