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2004 ORD ORDINANCE NO. 04-01 AN ORDINANCE AMENDING NEW HOPE CODE §11-2 REGULATING PARKING ON CITY STREETS The City Council of the City of New Hope ordains: Section 1. Section 11-2 "Parking Regulations" of the New Hope City Code is hereby amended by amending subsections 11-2(c)(d)(e) and (f) to read as follows: 11-2(c) Parking Time Limit. Other than persons on emergency calls, parking of motorized or non-motorized vehicles is prohibited on any public street, highway or alley within the City between the hours of 2:00 a.m. and 6:00 a.m., and is limited to six consecutive hours at any other time. Hardship exceptions are provided c ~ per the police department notification procedure described in § § 11- 2(e) and (f) of this Code. 11-2(d) Snow Removal. Notwithstanding the issu~ce of a tempor~y on street parking ~grant as provided below, no person shall park or leave standing any vehicle upon ~y street in ~e City a~er a snowfall of 1-1/2" depth or more, until the snow from such street has been removed or plowed to approx~ate City over-all average, and ~e official depth for the purpose of ~is subsection shall be determined by a duly appointed City official, whose determination shall be final and not subject to appeal. In case any vehicles are parked or leg standing on the street in violation of this subsection said vehicle or vehicles may be removed in accordance with Chapter 6, by or under the direction of ~y police officer or City employee after such officer or employee has attempted to noti~ the owner to remove such vehicle ~d it has not been removed removal of the c~ by or under the direction of the City shall not prevem prosecution under this section. 11-2(e) m ...... r,, c~, c,..~,~, o~v;,~ ~.-~on,mo~ Notification Procedure. When undue h~dship may result from strict compli~ce with the parking time limit, above, the New Hope Police Dep~tment may grant temporarg permission to park on the street.issue . ~ · ..... ........... r .... ~ ~-, ~~ .................. ~, ...... ~ ........ Grant of Te~p.....orar On-Street Park.in ,. The following :~!':~g!;ig=shall govern *~-; ..... .......... ~ .................. use of temporary on-street parkingv,-.,. -,.- ,o; *o g:[ggl~=by the police depar~ent: (1) Undue Hardship. Re~sal of the ~g[~Lwould create an u~ecessary and undue hardship. (2) ~blic Health, Safe~ and General Welhre. n .......... ..... ,~ .... ~ ....... ~ ,h ..... v .......... ~* .............. The g[agkwould not present ~ u~easonable ~eat to the public health, safety, and general welfare. (3) Tempor~y Ckcumstances. The circmst~ces resulting in the request for a tempor~y ~g[:~!:=shall be of a tempor~y namrev such as driveway repair:~, social occasions, numerous guests, and similar situations where the adv~tage of the City having vehicles off the street in the early morning hours is outweighed by ~e practical problems created by such prohibition of on-street park~g. ......... ~ ......... Length of Grant. The gra~r shall be t~r a length of time (5) Release of Liability. ~=~ia=~a!:L:ig~gL~a:!:ia~:i!~i!z:~!:=~2!~a~a=a=a underilt.-2ofthisCode. Asa ..... ~;*; ..... *' ..... :-~ p it tM .......... ~ (6) ~"-~ ...... ~ v .... ;* Records. The ~olice de~artm.ent will maintain a record. (7) Application to Snow Removal. wh~; ............ ,. ..... :, h .......t=~ a o ....., defense to the violation of this chapter relating to snow removal. Section 2. Section 14-3(8) "Temporary On-Street Parking Permit" of the New Hope City Code is hereby mended to read as follows: 2 14-13(8) Temporary On, Street Parking t,,~,..... for a temporary on-street parking per-miVg:~:g[::p,~....r::::~d in subsection 11-2(e) ;,' ~'~ Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 12th day of January, 2004. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 21st day of January , 2004.) P:\Attomey\Cnh Ordinances\CNH99.80401-Ord Amend On-Street Parking.doc 3 ~. Section 11:2 "Parking P~e~Ulati0~' 0£the New i Hope City Code iS he~eb~ adended b~ amending A~IDAVIT O~ ~0BMCATIO~ Sub~ec~iO~il-2(C)(d)(e~diDto~adasfoll~S: ~ 11~2(c) P~n~ STATE OF MINNESOTA) ' emerg~y calls,, parking of ~otorized 0r n0n-mbto~z~d vehic~s is ~ohibited oh any SS. public s~ee~ ~gh~y 0r a~ey wi~nthe Ci~y~ , ~twe~n the hou~ of 2:00 a~m; ~d 6:00 a.m., COUNTY OF HENNEPIN) . ~d is ~mited to ~x~c0~e~Ve h~ at ~y~ O~er time. Hardship ex~p~ons ~e p~d~ ~ for-With:tem~ on, ,steer p~r~ng Pe~ts, Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief , ~9w. per the poliie de~ent no~fi~on p~d~ des~d ~ ~ll,~e)and (D oft~s Financia~ Officer of the newspaper known as Sun-Post and has full j.. ~ . ' ~°ae' u~id) Snow ~mo~ knowledge of the facts stated below: - · '0ia tem~ onst~p~:p~it.~nt aS pr~d~ ~low, n° ~n s~ll park or leave (A) The newspaper has complied with all of the requirements constituting qualification as a s~d~g ~Y V~cle upo~ ~y s~t in the ~ Ci~ ~r a snowf~ of l-Y2~ dep~ or more~ ,, .~ ~til ,~e s~W~fr0m such streei has been qualified newspaper, as provided by Minn. Stat. ~331A.02, ~331A.07, and other applicable , re~0vgdorplo~edtO~pro~ity~er.~U, laws, as amended. ~ ~ ~-~'u~e~on:s~lb~dete~db~adu~ (B) The printed public notice that is attached was publis~d in the newspaper once each week, ,. ;~' fin~ not subject ~ apgeal. ~case ~:ve~ ~ P~d-~.leff s~ o~e ~ ~S~i~'Yi01ation ~ ~i~ iu~ie~ion said for one successive weeks; it was first published on Thursday, the 22 day of ~ ~ o~ Vehic]bs may;be removed in 3a~uary ,2004, a~d was therea~er primed a~d published o~ every Thumday to a~d ' diiecfi°nof~y~o!~ Ci~ empl~S~ , : aft~:s~Ch~offic~ or em~loy~:h~ a~mp~0 includin~ Thursday, the ~ day of ,2~4; and printed below is a copy of the no~ ~he ~er to :~0ve S%h ~e~cle ~d it' . has not be~ ~m~ed ~ov~ of ~ ear b~ ~ ' ~der ~ ~e~t~nof~e city~shail not prevent lower case alphabet from A to Z, bot~ inclusive, w~ich is here~y acknowledged as bein~ the .: prosecutio~ this ~i0h~ size and kind of type used in the composition and p~otice: / ii-2(e) Tenm0rh~V BY~ / ~~~ ' ~ CFO Subscribed and swormte or affirmed before me on this ~_~ day of (~.~'~-~ ' '/-~ 2004 i ~ , , / "~, ' '~ '~e'P°~,dep~men~: , ~ ~, (1) Und~ H~sMp: Refus~ of the pe~it Notary P~lic , ,[ ~ ~ ~ . would ~reate an~ ~ne~esS~y and ~due,, hardsMp. _ Gr~t~g :bf the ~t. ~e~t Would not NOTARY PUBLIC-MINNESOTA~ ~ ~ ~ese~ an~u~asonable t~eat ~o the pUblic~' heEth~ ~et~ ~ ~ener~ we~.: MY COMMISSION EXPIRES 1-31-2~5 S ~~a -(B) Temoo~ Circumstance. ~e.cir~mst~s , msul~g ~ the request for a temPora~ per.it ~veway repqirs, s~ial oqcasion~ (~) Lowest classified rate paid by commercial users $ 2.85 per line ~ - gUests' ~ ~fla~ s~t~i~ns~ ~ '~he for comparable space ~v~' Of,~e ~CiW ha~ .~e~cle~ ~ff (2) Maximum rate allowed by law $ 6.20 per line ~ :::~ '/~ (3) Rate actually charged $ 1.40 per ,ne ORDINANCE NO. 04-02 AN ORDINANCE ESTABLISHING SEWER AND WATER RATES FOR 2004 The City Council of the City of New Hope ordains: Section 1. Section 14-50(2)(a) "Metered Water Sewer Rates" of the New Hope City Code is hereby amended to read as follows: 14-50(a) Metered Water Sewer Rates; Adjustment. For all premises where the sewer rate is based upon metered water, the fees shall include a minimum charge of $4-.24-$4.36 per month plus $2.$252.92 for each 1,000 gallons of water consumption over and above the initial 1,000 gallons. For single-family residences only, sewer charges shall be computed on the basis of actual gallons of water metered during the winter months of December through March; sewer charges for the remaining eight months shall be determined by averaging the gallonage of water metered during the winter months between December through March; provided, however, that the gallons charged for the eight non-winter months shall not exceed an amount equal to the actual metered water, if actual usage is less than the amount determined by the averaging method. Section 2. Section 14-50(10)(b) "Water Rates" of the New Hope City Code is hereby amended to read as follows: 14-50(10)(b) Water Rates. Water bills shall be concurrent with sewer billings. The rate for water furnished to consumers by the municipal water system shall be as follows: The minimum monthly charge will be $5.7555.91 for each meter plus $3.24 for each 1,000 gallons of consumption over and above the initial 1,000 gallons recorded on said meter for the month. $0.43 of the minimum monthly charge is assessed by the Minnesota Commissioner of Health and shown on the billing statement as a miscellaneous charge. This charge is authorized by Minn. Stat. §144.3831. Section 3. Section 14-50(11) "Stormwater Utility Rate" of the New Hope City Code is hereby amended to read as follows: 14-50(11) Stormwater Utility Rate. Pursuant to Minn. Stat. §444.075 and subsection 5-3(t3(2) of this Code, a monthly charge per Residential Equivalent Factor (REF) assigned to a land parcel shall be billed to the owner or occupant of each parcel of property in New Hope. The purpose of said charge is to pay for the repair, improvement, maintenance and operation of the municipal stormwater drainage system. Said charge shall be determined as follows: a. Single and two-family residential parcels per REF. b. All other residential, commercial and industrial parcels per REF Section 4. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 12th day of January, 2004. W. Peter Enck, Mayor .est: Valerie Leone, ~ity Clerk (Published in the New Hope-Golden Valley Sun-Post the 21 st day of January ,2004.) P:\Attorney\Cnh Ordinances\CNH99.80402-Ord Amend Sewer and Water Rates-2004.doc 2 City of New Ho~ --- '-'_'~ ~ ti:- ORDInANCE 1~Oo 04-02 ~ ~CE E~S~G S~R ~ WA~ ~S ~R ~ ~e C~y Council of the City of New S~tion L Se~ion l~(2~a) "Mete~ Water S~r read ~ fo~ows: 14-50(a) Mete~ Water ~wer Rates: Adi~ent. For ~ pre~ses where t~e s~er ra~ n~SOuO~S based u~n me~er~ wamr. the f~s include a mJ~mum ch~ge of $4.23 $4.36 ~r month plus $2.8352.92 for each 1,000 AFFIDAVIT OF PUBLICATION ~o.~ of water consumption over and. ~--' above the initial 1,000 gallons For single- ~hmily residences 0nly, sewer charges STATE OF MINNESOTA) be computed on the basis of actual g~lons of wa~er metered during the' winter SS. months of December through March; sewer charges for the rema~ng eight COUNTY OF HENNEPIN) mont~ shall be deter~ned by aver~ng the gallonage of water metered dur~g the winter months between December Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief t~ugh M~; provided, however, that the gallons charged for the eight non- Financial Officer of the newspaper known as Sun-Post and has full ~nter months shall not ex~d ~ ~ount equ~ to the actual metered wate~ ifac~al usage is less th~ the amo~t d~in~ knowledge of the facts stated below: by ~e avera~g mathS. Section 2. Section 14-50(10)(b) "Water ~tes" of~e New (A) The newspaper has complied with all of the requirements constituting qualifi~tion as a Hope City Code ~ hereby ~ended to read as follows:' qualified newspaper, as provided by Minn. Stat. ~331A.02, ~331A.07, and other applicable ~4-50([o)~ Water Rajas. Water bills shal~be conc~ent with ~wer b~lings. ' The r~te I~WS, as amended, for water fu~ished ~o cons~ers by municipal wa[er system shall be as fellows: ~e minimum monthly charge (B) The printed p~blic notice that is aEached was published in the newspaper once each week, will be $5.7555.91 for each roarer plus $3,~4 for each 1.000 gallons for one successive weeks; it was first published on Thursday, the 22 day o[ consump~on ~er ~d above the ~itial 1,000 g~lons recorded on s~d meter the month. $0.43 of the min[m~ reentry January , 2004, and was thereafter printed and published on every Thursday to and charge is assessed by the Minnesota Commissi~er of He~th and shown on the including Thursday, the day of 2~4; and printed ~low is a copy of the billing s~a~ement as a miscellaneo~ charge. This charge is authorized by lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the ~i~. Slat, ~144.3831. Section 3. Section 14-50(11) "St0~water U[ili~v~m~ of size and kind of type used in the composition and~~~~~~~otice: ~ ~hefoll~ws:New ~ope City Code is hereby amended [o read a~efghij~mno~m~~~~(~~ 14-~(11 Stormwater ~il[tv Rate. P ..... nt Mi~. S~at ~444.075 ~d s~section 5- B~~~ Residential Equivalent Factor (REF) ~si~ed ~ a land p~cel shall be billed to CFO the owner or occupy[ of each parcel of prope~y in New Hope. ~e pu~ose ofs~d charge is ~o pay for -the repair, ~provemen[. mainten~ce and operat[0~ ~ of the municipal storm~ater drainage Subscribed a,d swo~n to, or ~,irm~ ~efore me system. ~d charge s~ll ~ deter~ne~ on t~is day ot '~ _~r~ . 004. a. Single~dtwo-f~ilyresidential $~.95 $5.57 ~ r[~ ~ ) ~, .~ b. ~lo~erresidential. comme~cal~d ._ . [ndus[~al parcels per REF ~ a -- - --- --' - -'- ~- - - - --- '~ a Se~ion 4 Eff~tive Date. ~ius Ord~ances~ll ~ ~~ ~ effective upon i~ p~sage ~d publication. M[~ID~k M. ~DBkOM~ Da~ed the l~h day of darius, 2004. NOTARY PUBLIC-MINNESOTA W. Peter Enck MY COMMISSION EXPIRES 1-31-2~5 Ma~r ATTEST:- B -- -- -- - -- - - - --- - - ~ ~]e~e Leone, RATE INFORMATION City Clerk ~Jm~ 22. 204) P-20RD04-02 (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. 04-03 AN ORDINANCE INCREASING THE 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 hereby amended to read as follows: 14-2(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 ....................... $I i0~:~! Multiple residences with three or more units (initial inspection and first reinspect) 1st unit each building ........................................................ $! Each additional unit ................................................................. $15.00 Reinspection after first reinspect ~ Single-family and multiple residences per hour (one hour minimum) .............................$45.00 Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 26t~ day of January, 2004. W. Peter Enck, Mayor Attest: ~~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 5th day of February ,2004.) P:~.TTORNEY\CNH ORDINANCES\99.80403-ORD 044)3 INCREA$ HOUSING INSPECT FEE-2004.DOC City of New Hope (Official Publication) ~ORDINANCE NO. 04-03 AN ORDINANCE INCREASING THE HOUSING MAINTENANCE INSPECTION FEE ~ The City Council of the City of New Hope ordains: Section 1. Section 14-2(11) "Housin~ Maintenance n~ p p mnended[-nsnecti°nto Fees"read as°ffollows:the New Hope City .Cede. is hereby 14-2(111"Ho-~n~ Maintenance tnsuection Fees~ : AFFIDAVIT OF PUBLICATION Fee smottats for, the housing main~na-nce ~aspec~i?~ reqtdredby Section 3-37 ar~ as folldws: STATE OF MI NNESOTA) Single- and Tw0~Family Residences, Condominiums and Townhoases (initial inspection and first SS. reinspect) per dwelling unit ~11~._~ $115.00 COUNTY OF HENNEPIN) . Multipleresidenceswiththreeormoreu~its(in~tiul ~ inspection and first-reinspect) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Is~ unit each building ~11v~.~ $115.00 Financial Officer of the newspaper known as Sun-Post and has full Each additional unit $ 15.00 knowledge of the facts stated below: Reinspection after fiJ'st reinspec~;- Single-family and multiple residences (A) The newspaper has complied with all of the requirements constituting qualification as a per h0ur (one hour mini~tun) $45~00 qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable Section2. _~ffective Date. This Ordinance shall be effective upon its passage and publication. laws, as amended. Da~ed the 26th day of January' 2004. (B) The printed public notice that is attached was published in the newspaper once each week, w. Pete~' Enck, Mayor for one successive weeks; it was first published on Thursday, the 5 day of Valer;_e Leone, City Clerk February ,2004, and was thereafter printed and published on every Thursday to and (Feb~'~a~3~ 5, 2004)P-2 NE~/"HOPEOP, D04-3 including Thursday, the day of 2004; 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 a~he~tice.' ~/ Subscribed and sworn to ~)r affirmed b~fore me Nota ~._.' ' _ _- ~ :: _'-~_. .... _ _x_,~, ~ MERIDEL M. HEDBLOM ~i ~ MY COMMt$$10N EXPIRES 1'3f-2005 ,~ 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 Der line ORDINANCE NO. 04-04 AN ORDINANCE AMENDING SECTIONS 3-40, 4-2(b) AND 4-3(h) OF THE NEW HOPE CODE REGULATING SIGNAGE FOR GARAGE SALES AND REAL ESTATE OPEN HOUSES AND MAKING GARAGE SALES A PERMITTED TEMPORARY USE OF RESIDENTIAL PROPERTY The City Council of the City of New Hope ordains: Section 1. Section 3-40(b)(2) "Definitions" of the New Hope City Code is hereby amended by adding new definitions for sign, bench; sign, directional; sign, garage sale; and sign, open house to read as follows: Section 3-40(b)(2). Sign, bench means a sign located on the back of a courtesy bus bench placed on or adiacent to a public right-of-way. Sign, directional means a sign displayed on private property for the purpose of assisting the flow of pedestrian or vehicular traffic including~ but not limited to~ directional or identification signs for restrooms and tYeight entrances. Sign, garage sale means a temporary removable sign displayed on private propert3.,~ used for identifying a sale of household or personal r~ro[}ert~'. Sign, open house means a temporary r~movable sign displayed on private propert3~' advertising the sale or rental of real estate. Section 2. "Section 3-40(f)(4) "Public Convenience and Directional Signs" of the New Hope City Code is hereby deleted in its entirety and replaced to read as follows: Section 3-40(t)(4) "Public Convenience and Directional Signs". (a) Bench Signs,. Signs on courtesy bus benches not exceeding twelve (12) square feet subiect to a valid bench permit issued per SubsectiOns 6-16(a) through 6- 1.6(i) of this Code. .{b) Directional Signs. Directional signs not exceeding two (2) square feet in area which are placed entirel.y upon private propert3.~ and not located on public lands, easements or rights-of-way. (c) Garage Sale Signs. Garage sale signs subiect to the following: .{..i) No sign shall exceed six (6) square feet in area or three (3) feet in height. The height of the sign shall be measured from the top of the sign to the ground. (ii) All signs shall clearly identify the address, month, dates or days of the week of the sale. (iii) All signs shall be setback a minimum often (10) feet from the back of the curb or behind any existing sidewalk, whichever is greater. (iv) No sign shall be located on any governmental property including, but not limited to, municipal, county or school district property.. (v) No sign shall be placed on utility poles, fences or trees. (vi) No sign shall be placed on vehicles or trailers located on the public street or any other public or governmental property'. ('vii) Any sign placed on private properly, other than thc sale premises shall only bc placed with prior permission of the property owner. (viii) No garage sale signs shall be posted more than (1) day prior to the sale and all signs shall be removed by 10:00 p.m. on the same day after thc sale is complete. (d) Open House Signs. Open house signs subiect to the following: (i) No sign shall exceed six (6) square feet in area or three (3) feet in height. (ii) Ail signs shall clearly identify the address, month~ dates or days of the week of the event. (iii) All signs shall be setback a minimum often (10) feet from the back of the curb or behind any existing sidewalk, whichever is greater. (iv) No sign shall be located on any governmental property including, but not limited to, municipal, county or school district property (v) No sign shall be placed on utility poles, fences or trees. (vi) No sign shall be placed on vehicles or trailers located on the public street or any other public or governmental, property. (vii) Any sign placed on private property other than the sale premises shall only be placed with prior permission of the property owner 2 (viiit No open house sign shall be posted more than one (1) day prior to the open house and all signs shall be removed bv 10:00 p.m. on the same day of the open house event. (e) Violations. Any violation of this Section shall be a pett3' misdemeanor~ punishable by a maximum fine of $300.00. Persons violating this Section may be fined in addition to other penalties for Code violations allowed by this Code. Any sign in violation of this Code will be subject to immediate removal by the City. Any sign removed by the City in violation of this section may be retrieved by its owner within seven days from its removal pursuant to any procedure developed by the City for this purpose; otherwise it will be disposed of in the discretion of the City. However~ any failure by the City to develop a procedure or return a violating sign per said procedure within this seven day period shall impose no liabili .ty for damages of any kind on the Ci .ry. Section 3. Section 4-2(b) "Definitions" of the New Hope City Code is hereby amended by adding a new definition for "Garage Sale" to read as follows: Section 4-2(b) "Garage Sale" means the sale or offering for sale of over five (5) items of household or personal property on any portion of a lot in a residential zoning district, whether within or outside any building. Section 4. Section 4-3(h) "Temporary_ Uses" of the New Hope City Code is hereby amended by adding new Subsection (6) "Garage Sale - Temporal_ Use Not Subject to License or Permit" to read as follows: Section 4-3(h) "TemporarF Uses". (6) "Garage Sale - Temporar), Use Not Subject to License or Permit". Garage sales are a permitted temporary use in all residential zoning districts~ sub.iect to the followine conditions: No more than three (3) garage sales shall be permitted on one property per calendar year. The duration of each garage sale shall not exceed three (3) consecutive days. Garages sales shall be exempt from the provisions of Section 4-3(h)(5) of this Code. (d) Garage sale signs must comply with all regulations of Chapter 3 of this Code. Section 5. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 9th day of February, 2004. W. Peter Enck, Mayor Attest: /~~q/~/~z~q2__ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 19th day of February ,2004.) P:\ATTORNEY\CNH O RDINANCESX99.80404'-ORD 04434 SIGNAGE & OPEN HOUSES.DOC 4 Crystal/Robbinsdale, New Hope/Gold~e~ (viii) No ~ara~e sale signs ~hAll be posted more. than (1) day orior to the sale and all ~;~n~ shall be removed by 10:00 p.m. on ~h~ same day after the sale is eomnlp~, (dl Oven HoUSe Si~n~, _Open house siens subleet newspapers (/) No si~nshall exCeed six {6) sauare feet in AFFIDA¥1T OF PtJ BLICA?ION area or three (3}'feet in (fi)' All si~ns shall clearly identify the ad- STATE OF MINNESOTA) dress, month, dates or days of the week of the event. SS. (iff) All sitars shall be setback a minim,,m of ten (10l feet from the haek of the curb or COUNTY OF HENNEPIN) behind any exlStin~ sidewalk, whlohever is Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief ~ No s'~lgn shall be located on any ~overe. Financial Officer of the newspaper known as Sun-Post and has full mental Dronert? including,, but not limit- ed to. municipal, county or sehoo! distrie(; knowledge of the facts stated below: prenertv. LY). No sign shall be placed on atilltv ooles (Al The newspaper has complied with all of the requirements constituting qualification as a fences or trees. qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable ~ No si~.n shall be elated on vehleles or trailers located on the nubile street or any laws, as amended, other oubllc or ~overn.ln~nt-~! _orel)eri:v. (B) The printed public notice that is attached was published in the newspaper once each week, (vlil An_v sie'n_olaced ou nfl,cate nre_oertv than., the sale nremises ,h,II only be olaeed with nrior _oermi~,inn of the ore_o- for one successive weeks; it was first published on Thursday, the 19 day of ertvow'aer. February ,2004, and was thereafter printed and published on every Thursday to and (viiil No onen house siL-n shall be posted more than one ¢1) day nrior to the ooen including Thursday, the day of ,2004; and printed below is a copy of the and all sians shall be removed by ]0:00 _O.nL on the same day of the ooen house, 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 publica.t.i~he notice: / e~Violatio,,.s. Any violation of this Seetltm ,hall be t ~ ] ~ ~/~l~~ a petty misdeme~anor, nunlah~hl~ bv a fine of $300.00. Persona violatln~, this ~eetion abcdefghijklnmopqrs ~nav be fined in addition to othor penall:ios for Code violations allowed bv this Code. Any ~y~/t~._~5 ~ ..... in violation of this Code will be subject to imm-~ diate removal bv the City. Any sic~n removed by CFO the City in violation of this section may be re- trieved bv its owner within seven days from removal nursuant to any nroeedure dcvaloned ef~r~e bv the City for this nurmme: othe~-~ise it will be - ........ dlsnosed of in the discretion of the City. Howev- Subscribe?~and sworn to o~affirmed b City of New Hope er. any ~u. by thoCi~ te deve,on a nreced.~ ~'--~ ~04 ar return a violatin~r sian _oer sald nreeedure ~this~._~__~day of . 2 . . within this sevendav_g~.iod shallimnose ne H.. ORIY[NANCE NO. 04-04 Section 3. Section 4-2(b) 'Definitions" of the New Hope City Code is hereby amended by adding a new definition · 0~ ) ~ AN ORDINANCE AMENDING SECTIONS 3-40, for 'Garage Sale" to read as follows: ~- 4-2(b) AND 4-3(h) OF THE - Not~- Pu~' ~ ~EW HOPE CODE REaVLaTme S[G~AaE ~OR Sectio. 4.2~ ~e Sut~ means the sale or ~ ~ GARAGE SALES AND REAL ESTATE oPEN feting for sale of over five (5) items of household or t MERI DEL ~, HEDE HOUSES AND MAKING GARAGE'SALES A PER- oersenal nrom~,rtv on any oortion of a lot in a resi- ~i~ NOTARY PtJBLIC'~INNE'~ i~ct'r~:D TEMPORARY USE OF BESIDENTIAL ~lential z~nin~ distrlek wl~ether within or outside MY COMMISSION EXPIRES 1 PROPERTY - any building_. · _ -_- ~ --_ __,~,~f~ The City Council of t~e City of New Hope ordains: Section 4. Section 4-3(h) "Temoorarv Uses" of the New Hope City Code is hereby amended by adding new Sub- RATE INF Section 1. Section 3-40(b)(2) "Definitions~ of the New section (6) ~Gara~e Sale - Temoorarv Use Not Subiect to Hope City Code is hereby amended by adding new defini- L~cense or Permit" to read as follows: tions for Sign, bench; ~ign; directional; ~ign, garage sale; (1) Lowest classified rate paid by commercial and sign, ope~ houset6 read as follows: - Section 4-3(h) "Temoorarv Uses". for c0mpamble space Section 3-40(b)(2). (6l "Garage Sale. Temporary Use Not Subject to l~i- cense or Permit~. Garage sales are a oermitted (2) Maximum rate allowed by law Si~n. bench means a sima located on the baek of a temporary use in all residential zonin~ dis- courtesy bus bench olaced on or adlacent to a n.ub- triers, subiect to the followln~ eonditions: lie ri_~ht-of-wa¥. - (3) Rate actually charged (al No more than three (3) ~ara~e sales shall ~ Si~n. directional means a simt dlsplaved on orivate oermitted on one orooertv net calendar year. property for the nuroose of assistin~ the flow of - oedestrian or vehicular traffie including. 'but not (bt The duration of each ~ara~e sale shallnot ex- limited to. directional or identification simas for re. ceed three (3) consecutive days. strooms and freight entrances. (el Garages sales shall be exempt from the pro- Si~n. garage sale means a temporary removable visions of Section 4-3Pal(5)of this Code, sien disolaved on nrivage nroOertv used for identi- fvin~ a sale of household or n~rsonal~roperty. (dl Garage sale signs must eomnlv with all re~- ulations of Chanter 3 of this Code. Siren. onea house means a temnorarv removable S'_l~n dlsalaved, on nrivate n.raoertv ael~ .~b~ Section 5. Effective Date. This Ordinance shall be effec- sale~a~ ~ental of re~d estate. ~ ~ tire upon its passage and publication. Datod~ day,o~et~uary, ORDINANCE NO. 04-05 AN ORDINANCE AMENDING THE WATER RATE FOR 2004 The City Council of the City of New Hope ordains: Section 1. Section 14-50(10)(b) "Water Rates" of the New Hope City Code is hereby amended to read as follows: 14-50(10)(b) Water Rates. Water bills shall be concurrent with sewer billings. The rate for water furnished to consumers by the municipal water system shall be as follows: The minimum monthly charge will be $5.91 for each meter plus $2.?.$__3.49 for each 1,000 gallons of consumption over and above the initial 1,000 gallons recorded on said meter for the month. $0.43 of the minimum monthly charge is assessed by the Minnesota Commissioner of Health and shown on the billing statement as a miscellaneous charge. This charge is authorized by Minn. Stat. §144.3831. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 26m day of April, 2004. Attest: ~ ~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 3rd day of l*lay ,2004.) P:\Attorney\Cnh Ordinances\99.80405-Ord IM4)5 Amend Water Rate-2004.doe City of l~w Hol~ (Official Publication) ORDINANCE NO. 04-05 AN ORDINANCE AMENDING THE WATER RATE FOR 2004 ne vsl al er s The City Council of the City of New Hope ordains: wr'~= POBLICATION Se~tian 1. Section 14-50(10)(b) "Water Ratez" of'the AFFIDAVIT New Hope City Code is hereby amended to read as follows: 14~50(10)(b) Water Rates. Water bills shall be con- STATE OF MINNESOTA) current with sewer billings. Therate ' for water furinshed to consumers by the municipal water system shal~ be SS. as follows: The minimum monthly. charge will be $5.91 for each meter COUNTY OF CARVER) plus $~°.2~.$3.49for. each,l,000gallons o£consu~mpQon over and above the ini- rial 1,000 gallons recorded on said Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief meter for~he month. $0.43ofthemin- immn monthly charge Ls assessed by Financial Officer of the newspaper known as Sun-Post and the M'innesota Commissioner of Health and shown on the bi.Eing state- ment as a miscellaneous charge. This has full knowledge of the facts stated below: charge is authorized by Minn. Stat. - §144.3831. (A) The newspaper has complied with all of the requirements constituting qualification as Section2. ~,fre~ve ~te. ~"h~ OrdinsnceshoJlbeef- a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other fective.oonitepas~gean_dpublication, Dated the 26th day of April, 2004. applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each :~)onal,t C~mer, Mayor Attest: week, for one successive weeks; it was first published on Thursday, the 6 day 'Vale~ieLeo.e, CityCler~ of May ,2004, and was thereafter printed and published on every Thursday (~aYe' 2004~t~2/°rd 04'05 to and including Thursday, the day of 2004; 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 publica- tion of the notice: abcde fghij klm nopqrstuvwxyz Subscribed and sworn to or affirmed before me on this 13th day of May ,2004. otar P ,c/ l ~ NOTARY PUBLIC - MINNESOTA 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. 04 - 06 AN ORDINANCE AMENDING THE NEW HOPE SIGN CODE REGULATING "FOR SALE" AND "FOR RENT" SIGNS AND PENALTIES FOR SIGN CODE VIOLATIONS The City Council of the City of New Hope ordains: Section 1. Section 3-40(f) "Permitted Signs" of the New Hope City Code is hereby amended by amending subsection 3-40(f)(9) "For Sale" and "For Rent" Signs" to read as follows: 3-40(f)(9) "For Sale" and "For Rent" Signs. "For Sale" and "For Rent" signs shall be permitted subject to the following regulations: a. Single-family homes, twin homes and townhomes located in an R-l, R-2 or residential PUD zoning district may have one sign related to the sale, rent or lease of the dwelling units on the premises subject to the following conditions: 1. No sign shall exceed eight (8) square feet in area. 2. All signs shall be set back a minimum of ten (10) feet from the back of the curb or behind any existing sidewalk, whichever is greater. This setback shall apply t° the entire structure or framework of any sign as defined in Section 3- 40(b) of this Code so that any sign area hanging from a horizontal protruding brace or arm and attached to a vertical post sunk in the ground, or any other such sign structure or framework, shall all comply with this setback requirement. Any extension of the sign framework or structure into this 10 foot setback area is a violation of this requirement and is subject to immediate removal by the City despite the fact a portion of the sign framework or structure meets this setback requirement. 3. No sign affixed to a post or other such structure sunk in the ground by disturbing the soil by use of a motor, engine, hydraulic or pneumatically- powered tool or machine-powered equipment of any kind shall be placed on the property without first complying with the "Gopher State One Call" or "call before you dig" procedure to locate underground utilities as required by Minn. Stat. Chap. 216D. Any disturbance of soil by hand digging to a depth of two (2) feet or greater to place a sign per this section shall also be subject to the "Gopher State One Call/call before you dig" procedure before the sign is erected. 4. Any "for sale", "for rent" or "for lease" sign in violation of this section shall be subject to immediate removal by the City without notice to the property owner or owner of the sign if not the property owner. 5. Any person erecting a sign per this section acknowledges and agrees to indemnify and hold the City harmless from liability for any bodily injury, death or property damage occasioned by the placement of this sign within the City's right-of-way including but not limited to consequential damages, costs and attorney's fees incurred by the City as a result thereof. This section shall not apply to liability caused by the City or any of its agents or employee's own direct or indirect negligence. b. Multiple-family, commercial or industrial buildings may have one sign related to the sale, rent or lease of the building tenant bays or dwellings on the premises per street frontage. Except as cited in subsection 3-40(f)(9)c below, said sign shall not exceed 75 square feet in area. c. Multiple-family, commercial and industrial buildings having frontage on State Highway 169 may have not more than two freestanding or wall signs oriented to the highway. The accumulative total sign area of said signs shall not exceed 150 square feet in area. d. No sign may be erected on rental property prior to the landlord or owner's receipt of notice that the tenant(s) intend to vacate the property and any sign must be removed within seven days after the sale or lease of the property or unit. Section 2. Section 3-40(0(4) "Public Convenience and Directional Signs" of the New Hope City Code is hereby amended by amending subsection 3-40(f)(4)(e) "Violations" to read as follows: 3-40(f)(4)(e) "Violations". Any violation of this section shall be a petty misdemeanor, punishable by a maximum fine of $300.00. Persons violating this section may be fined in addition to other penalties for Code violations allowed by this Code. Any sign in violation of this Code will be subject to immediate removal by the City without notice to the property owner or owner of the sign if different than the property owner. An3' o:~" Section 3. Section 3-40(a)(4) "Sign Location" of the New Hope City Code is hereby amended to read as follows: 2 3-40(a)(4) "Sign Location". a. Excepting governmental signs, "garage sale" signs, "open house" signs and "for sale or rent" signs, no sign shall be erected or temporarily placed within a street right-of-way or upon public lands, easements or rights-of-way. The setback requirements for these exempted signs are specifically set out in Sections 3- 40(b)(4)(c) and (d) and 3-40(b)(9) of this Code. b. All signs, excepting governmental signs, "garage sale" signs, "open house" signs and "for sale or rent" signs shall be located on private property. Freestanding signs shall be set back a minimum of ten feet from the nearest lot line. The setback shall be measured from the lot line to that portion of the sign nearest to the property line. c. On all corner lots, signs shall not be permitted within 20 feet of any corner formed by the intersection of two streets or the rights-of-way of a railway intersecting a street. This shall include, but not be limited to, those signs referred to in Section 3-40(a)(4)(a) of this Code. The 20 feet shall be in the form of a triangle with two sides formed by the property lines and the third side formed by a straight line connecting the two 20-foot points on each side of the corner. A sign may be extended into the triangular area provided that: 1. The clearance above the street grade is more than eight feet. 2. No part of the sign structure encroaches in the triangular area at an elevation less than eight feet above street grade. Section 4. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the l0th day of May, 2004. Do~lher, ~VIayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 20 day of I~lay ,2004.) P:\ATTORNEY\CNH ORDINANCES\99.80406-ORD 044)6 AMEND FOR SALE & FOR RENT SIGNAGE. DOC 3 n wspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief ¢i fNewl Financial Officer of the newspaper known as Sun-Post , and (Ol~iail~blie~tio~) ORDINANCE NO. 04 - 06 fidS full knowledge of the facts stated below: ~ O~miN~,~CE aMr~rOINa's'm~ ~ HOPE SIGN CODE REGU~fl~G~'~OR SALE~ AND (A) The newspaper has complied with all of the requirements constituting qualification as SIGNS AND PENALTIES FOR SIGN CODE a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other VZOL~rZONS applicable laws, as amended. ~he City Councllofthe City of New. Hope ordains: Section 1. Section 3-40(D ~Permitted Signs~ efthe New (B) The printed public notice that is attached was published in the newspaper once each Hope City Code is hereby amended by an~ending subsec- tion 3-40(D(9) "For Sate' and ~For Rent" Signs' to read as follows: week, for one successive week(s); it was first published on Thursday, the 20 day 3-40(f)(9) "For Sa]e" and "For Rent" SiGns. ~For Sale" of May 2004, and was thereafter printed and published on every Thursday and"For Rent" signs shall be permitted subject to the ' following regulations: to and including Thursday, the day of ., 2004; and printed below a. Single-familyhome~, twin homes and tewnhomes located in an R-L R-2 or residential PUD zoning is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby dlstrict may have one sign related to the sale, rent . or ]ease of the dwelling units on the premises sub- ject to the followine cOnditions: ~ acknowledged as being the size and kind of type used in the composition and publica- ~=:::~ :~-~.: :~=:~:_~::-~ ~.-: tion of the notice: v 1. No sign ~h~]] exceed eieht (8l Sauare feet in_ abcdefghijklmnopqrstuvwxyz ~ ' 2. All signs shall be Set b~k a ~ainimum often_ y~f~ .. (10) ~feet~ fi-om th~' back of ithe ~u:rb or behin~ · any existin~ sidewalk.~ whichever is ~reater_. This setback shall ai~nlv to th~ ~nti~e sfixicture_ or framework of any sign as define~ in Section_ · 3-40(b) of this Code so tha'~ any sign area hax~ B in~ ~rom a horlzbntal nretrudin~ 5~aceor arra and attael~d .to a ¥~rtlcal oo~t :'~uk iH '.~he_ ground, or any other such sign structur~ or_ framework. ~hnll' all comply with this setba~ requirement. Any extension of the sign frame_- work or structure into this 10 foot setback ares_ is a violation of thisxeauirement and is subie~ to {~,~di£te~rbmog~:bwkhe~CitV de~ni~:tl~ fac{-~ norti°n &f the sf~n ~ework-or st~uc: Subscribed and sworn to or affirmed before me ture meets this setback reauireinent .... on this 20th day of May ,2004. 3~ No sign .¢Fi.z~d tea post or other such struc: t~re ~nnk in the ~zround bv distnrbir~ the sol_ yp~~ /~ ~~t~.~.. bv use of a m0tar. 'engine'. hydraulic 0r oneu_ maticallv-nowered tool or machine-n~were~ eeuior~n~ of any kind shall be placed on ~ ' ' vrooei'tvwithout first cemolvili~with the'"Go_ Notar pher State One Call~ or ~call ~befor~ you procedure teJocate~undergreund utili~ce ~ '~ requlre~ i~ l~i/n; St~t ~1i~6.~ 2~6D. ~v~dis. turbance of soil by hand diggin~ to ~ deoth~ two (2) feet or greater to place a sign per thi: ~ectisn ~hM] also be subject to the "Goohe: State One Call/call before-~ou di~' orocedur_, before the sieu is erected. 4~ Any "for sale". ~for renf' or ~for lease" sign i_] violation of this section shall be subisct to ~ mediate removal by the City without notice RATE INFORMATION me orooertv owner or owner of the siam if no_ the proper~v owner. (1) Lowest classified rate paid by commercial users $ 2.85 per line 5_ Any person erectin~ a sign Der this section ac_ know]edEes and am"ees to indemnify and holj for comparable space ~he City harmless from Iiabilitv for any bsdil_' iniurv, death or orooertv damage occasionej by th~ placement of this s~gn within the Cit~_ ,.)) Maximum rate allowed by law $ 6.20 per line right-of-way including but not limited to con_ sequential damages, costs and atternev's fee: incm*red by the City as a result thereof. Thi_, (3) Rate actually charged $ 1.40 per line section shall not aonlv to liabilitv caused ~ the Citv or any of its a~ents, or emnlove~'s ow!_ direct or indirect negligence. b. Multiple-family, commercial or industrial build ings may have one sign related to thesale, ren~ o] lease of the building t~enant bays or dwellings or the premises per street frontage. Except as citei in subsection 340(f)(9)o below, ~aid sign shall no~ exceed 75 square feet ir~ area. ORDINANCE NO. 04-07 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE RELATING TO SETBACKS, ANTENNA HEIGHT, PARKING REQUIREMENTS, COMMERCIAL AND INDUSTRIAL FENCES AND ACCESS TO COMMERCIAL RECREATIONAL FACILITIES The City Council of the City of New Hope ordains: Section 1. Section 4-3(c)(6)b. "Setbacks along arterials and community collector streets" of the New Hope City Code is hereby repealed in its entirety including Sections 4-3(c)(6)b. 1. and the second 4-3(c)(6)b. set forth in the Code: b:. Setbacks along ac~eria!s an'3 community co'!!ector streets. S ~ng ~ehensi. ve pla:n, the m[ni:m~ setback shall, be 75 feet f~ter line of ~Broa~way &e minimum ~*~-,~'~,,'~:~ ~,~ Section 2. Section 4-3(b)(6)h. 1. "Height" of the New Hope City Code is hereby amended to read as follows: 1. Height. A ground mounted accessory antenna shall not exceed 20 feet in height from ground level. The height of an accessory antenna attached to an antenna support structure may not exceed five feet above the peak of the roof of the principal building. An accessory antenna in excess of the aforementioned height standards may be allowed by conditional use permit. Section 3. Section 4-3(d)(3)c. 1. "Commercial and Industrial District Fences" of the New Hope City Code is hereby amended to read as follows: 1. r~ ......... ;~' and i~a,...,..;o:, ~'~ .............. ,. .......~ "~ +~ eiaht r~e~ ' ........................................ ~ ..... ce.. ,,~, ,,, ~ .... in height; Fences m ........... c~;,~,, n ........ ~,~ ....... : ....... a;t;c"~ aaa permit. Fences shall be at least five ~ percent o e_p_qB_~ of air and light. F_ences not meeting this desigm standard ~vill be treated as walls and will. 'be :required to meet building setbacks. Section 4. Section 4-3(e)(4)h.2. "Parking Stall Standards" of the New Hope City Code is hereby amended to read as follows: 2. Parking stall standards. Except in the case of single family, two family and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the following standards: (0 Stall Stall (F) (F) (A) (B) Curb Length (D) Depth Depth In- Aisle One Width Angle Stall Per Car Stall Wall to Aisle let-lock to Way Two Way of Width Length Aisle Parking 90E 8'9" 8'9" 19'0" 19'0" 19'0" 24'0" 24'0" 8'9"* 8'9" 18'0"* 18'0"* 18'0"* 24'0" 24'0" 75E 8'9" 9'0" 19'0" 20'3" 19'5" 20'11" 23'0" 8'9"* 9'0" 18'0"* 19'3"* 18'5"* 20'11" 23'0" 60E 8'9" 10'0" 19'0" 20'3" 19'5" 18'6" 22'0" 8'9"* 10'0" 18'0"* 19'2"* 18'6"* 18'6" 22'0" '45g e4¢t 12'3" ~ o,n,, ~ ~,~,, ~'7 .... ~ ~,a,,, ~ ~'0"* '~ "* ~'0" 0E 8'0" 22'0" 22'0" 8'0" 8'0" 12'0" 24'0" *The parking lot dimensions may be reduced upon submission and prior City Council approval of a comprehensive snow removal site plan. The snow removal site plan shall be contractual in nature, signed by the property owner and filed with the City Clerk. The reduction shall not be allowed until the conditions of this section are met. Section 5. Section 4-20(e)(5)(a) "Commercial Recreational Facilities" of the New Hope City Code is hereby amended to read as follows: 4-20(e)(5) Commercial recreation facilities. Commercial recreation, provided that: a. Access. The site of the proposed use has direct access to an arterial or collector street as defined in the City Code, without utilizing public streets of a lower traffic handling classification to reach the arterial or collector street. 2 Section 6. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 26th day of July ., 2004. ~ayor Valerie Leone~'~y Clerk (Published in the New Hope-Golden Valley Sun-Post the 4th day of August ,2004.) P:\ATTORNEhP, CNH ORDINANCES\99.80407-001 -ORD RE SETBACKS, ANTENNA HEIGHT, ETC.DOC Crystal/Robbinsdale, New Hope/Golden Valley Sun*Post/Thursday, Aug. 5, 2004 27A OTICES City of New Hope (Official Publication) ORDINANCE NO. 04-07 STATE OF MINNESOTA) ~ ORDINANCE AMENDING THE NEW HOPE ZONING CODE RELATING TO SETBACKS, ANTENNA HEIGHT, PARKING HEQUIREMENTS, COMMERCIAL AND ]iNDUSTRIAL FENCES AND ACCESS TO COMMERCIAL SS. RECREATIONAL FACILITIES COUNTY OF HENNEPIN) The City Council of the City of New Hope ordains: Section 1. Section 4-3(c)(6)b. "Setbacks alon~ arterials and c~,~-,,nitv collector streets" of the New Hope City Code Richard Hendrickson, being du]y sx is hereby repealed in its entirety including Sections 4-3(c)(6)b. 1. and the second 4.3(c)(6)b. set forth in the Code: Financial Officer of the newspaper kn dg has full owle e of the facts stat (A) The newspaper has complied' a qualified newspaper, as pr( applicable laws, as amended. - (B) The printed public notice that week, for one succeSSive ~ of August ,2004, and to and including Thursday, th~ ~' is a copy of the lower case Sect/on 2_. Section 4-3(b)(6)h,1. "Height" of the New Hope City Code is hereby amended ts read as follows: acknowledged as being the s L Height. A gsou~d mou~ted accessory auterma sha[t not exceed 20 feet in height from ground [eve]. The height of a~ acce~so~ autsnna attached t~ ~ anterma suppozl; structure may uo[ e~ceed five feet above the peak of the roof of the tion of the notice: principal building. An accessory antenna in excess of the aforementioned height standards may be allowed by condi- tional use permit. Section 3. Section 4.3(d)(3)c.1. ~Commercinl and Industrial District Fences~ of the New Hope City Code is hereby amended to read as follows: q:/r: ~ ::~'~A~::'~ ~cc 7~r~-!~' Fences shall be at least fi~e (5) nercent~onsn far nassa~e of a'~ and ¥~t Fe~n~ no~ meefin~ this design st~,d.,~d will be treated as walls and will be recuired to meet bn~]~]/n~ setb,al~ Section 4_. Section 4.3(e)(4)h.2. ~Parkine S follows: 2.Parking stall standards. Except in the case of single family, two family and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the following standards: (E) (E) (C) Stall Stall Subscribed and sworn to or affim (A) ~) Curb (D) Depth Depth In- (F) (F) Angle of Stall Length Stall Wall to ter-lock to Aisle One Width on this 5th day of Au,qust Parking_ Width l~r Car Length Aisle .Aisle W(~¥ Two Wa~ 90E 8'9" 8'9" 19'0" 19'0" 19'0" 24'0" 24'0" t-' /~ 8'9"* 8'9" 18'0"* 18'0"* 18'0"* 24'0" 24'0" 75E 8'9'~ 9'0" 19'0" 20'3" 19'5'~ 20'11" 23'0" 8'9"* 9'0" 18'0"* 19'3"* 18'5"* 20'11" 23'0" 60E 8'9" 10'0" 19'0" 20'3" 19'5" 18'6" 22'0" 8'9"* 10'0" 18'0"* 19'2'~ 18'6"* 18'6" 22'0" Notary Publi~ ~ ~e~ [3,~,, :_~'c" ~-~'~"~ '.: ;~ ·- 1~3"-- :~c- =_~,~,, 0E 8'0" 22'0" 22'0" 8'0" - 8'0" .~,12'0".: 24'0" *The parking lot dimensions may be reduced upon submission and prior City Comic~ approval of a comprehensive snow removal site plan. The snow removal site plan shah be contractual in nature, signed by the property owner and filed with the City Clerk. The reduction shall not be allowed until the conditions of thls section are met. ~Commercial Recreational Facilities" of the New Hope City Cede ~s hereby amended Section Section 4-20(e)(5)(a) r~ read as follows: 4.20(e)(5) Commercial recreation facilities. Commercial recreation, provided that: a. Access~ The sits ~f the pr~p~sed use ha~ direct access r~ an arterial ~r c~~~ector street as de~ned in the City C~de~ without utilizing public streets ora lower traffic handling classification to reach the arterial or collector street. Sect/on 6. Effective Date. This Ordinance stiall be effective upon its passage and publication. (1) Lowest classified rate paid by for comparable space Dated the 26th day of July, 2004. ,2) Maximum rate allowed by law Oon Collier, Mayor Attest: Valerie Leone, City Clerk (3) Rate actually charged (Aug. 5, 2004) p2/Ordinance 04-07 Legals continued on next page ORDINANCE NO. 04-08 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 8-9 BY ESTABLISHING A SPECIAL EVENT PERMIT FOR COMPUTER GAMING CENTERS The City Council of the City of New Hope ordains: Section 1. Section 8-9 "Pinball machines, video games and pool tables" of the New Hope City Code is hereby amended to read as follows: 8-9 Pinball machines, video games, computer games/technology and pool tables. Section 2. Section 8-9(a) "License required" of the New Hope Code is hereby amended to read as follows: 8-9(a) License required. No person shall maintain, keep or sell within the city, a pinball machine, video game, computer game or any form of computer gaming technology or pool table without obtaining a license in accordance with section 8-2, et. al. of this Code. This section shall not apply to pinball machines, video games, computer games or computer gaming technology or pool tables held or kept for private home use and not for commercial use, or are in storage or for sale, and which are not actually in commercial use or displayed for commercial use. An annual special event permit, in addition to a license, must be obtained by any licensee intending to operate an exclusive computing gaming center for special events as permitted by Section 8-9(I') of this Code. Section 3. Section 8-9(b) "License application" of the New Hope City Code is hereby amended to read as follows: 8-9(b) License application. In addition to the information required by section 8-2, the pinball machine, video game, computer game or computer gaming technology and pool table license application shall contain: (1) Owner of property. The name and address of the owner or owners of property on which the pinball machines, video games, computer games/computer gaming technology and/or pool tables are located. (2) Operator. The name and address of the person or persons who will operate the establishment where the machines, games and/or tables will be located. (3) Other businesses. If the licensee owns or operates other game rooms or pool hall businesses, the business name and address of said businesses shall be provided as part of the license application. (4) Owner-operator relationship. A statement as to the contractual relationship between the property owner and licensee, if not the same; that is employee, lessee, etc. (5) Description. A general description of the proposed operation including the maximum number of pinball machines, video games, computer games or computer gaming technology and/or pool tables located on the property during the license year. (6) Additional tables and machines. In the event additional pinball machines, video games, computer games/technology Or pool tables are kept or maintained on any property, an amended license application shall be filed with the clerk. Section 4. Section 8-9(c) "Fee" of the New Hope City Code is hereby amended to read as follows: 8-9(c) Fee. The annual license fee for each pinball machine, video game, computer game or computer gaming technology or pool table and the special event permit shall be as prescribed in chapter 14. Section 5. Section 8-9(f) "Hours of operation" of the New Hope City Code is hereby amended to read as follows: 8-9(f) Hours of operation. Any property containing more than five licensed pinball machines, video games, computer games or computer gaming technology, pool tables or any combination thereof may not be open from 1:00 a.m. to 6:00 a.m. An exclusive computer gaming center, defined as containing only computers linked to the internet permitting computer gaming with other players worldwide, may operate a special event at the computer gaming center between the hours of 1:00 a.m. to 6:00 a.m. on the following limited basis: (1) An annual special event permit must be obtained from the City and appropriately displayed as required by Section 8-9, et al. of this Code. (2) No other pinball machines, video games or pool tables may be located at the computer gaming center issued the special event permit. (3) No more than one special event may be operated weekly pursuant to the special event permit. (4) The licensee must provide the Chief of Police or the Chief's designee 72 hours notice prior to holding any weekly special event. (5) Computer gaming participants involved in the special event must be 18 years of age or older. (6)_ The computer gaming center must not be open to the general.public during any weekly special event. All computer gaming participants must be in the computer gaming center prior to 1:00 a.m. on the day the special event is 2 held. No participant maybe admitted to the gaming center after 1:00 a.m. on the day of the special event. (7) The gaming center shall have at least one employee at the center during the entire period of the special event. (8) The gaming center shall be accessible by the police department during the entire period of the special event. (9) All other provisions of this Code shall apply to the operation of the computer gaming center during the special event permitted by Section 8-9(f) of this Code. Section 6. Section 14-8(7) "Pinball, video garne mid pool table license fees" of the New Hope City Code is hereby amended to read as follows: 14-8(7)Pinball, video game, computer game/technology and pool table license fees. Fee amounts for annual pinball machine, video game, computer ~ame/technology and pool table licenses as required by subsection 8-9(b) of this Code are as follows: (a) Fee amount: $15.00 per location plus $15.00 per device annually. (b) Reduced license fee. If any application is made for a license between July 1 and December 31 of any license year, for a license to be effective during any part of the same period, the fee shall be one-half of the regular license fee. No refund shall be made on any license fee where the license is not used, or revoked or forfeited before the end of the license term. (c) Special event permit. $500.00 annually. Section 7. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 26th day of July ., 2004. ,,., Do~511ier, Mayor Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 4thday of August ,2004.) P:kATTORNEY~CNH ORD1NANCES\99.80408-ORD 04-08 RE COMPUTER GAMING.DOC 3 ~.,~y of New Nope (Offloial Publication) ORDINANCE NO. O4-O8 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 8-9 BY ESTABLISHING A SPECIAL EVENT PERMIT The City CoUncil of the City of New Hope ordains: AFFIDAVI? OF PUBI.ICATION Seetionl. SectienO-9'einbailma*h~es. video~es arid nool tables" of the New Hope City Code is hereby amended m read as follows: STATE OF MINNESOTA) 8-gPinb~.ll machines, video ~'ames. comnut~ar games/tschnsloc, v and nool tables. 88. Se~ian '/. Section 8-~(a) ~' of the Hew COUNTY OF HEN N EPIN) Hope Code is hereby amen_dod to read as'follows: 8-9(a) License required. No person shall maintain, Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief keep or se]] wlthin the~city, apinball machine, vides' game, {ol;0puter ~rame or any form of com0uter ~tm. ~ or pool table without nbtalning a license Financial Officer of the newspaper known as Sun-Post ., and in acco~anco withas~tien 8-2,~. ai. ofth~ Code.~s section shall not apply to pinball machines; video has full knowledge of the facts stated below: games, c0ranu~er games or comnuter m~a-nln~' technol- ~y_or pen] tab]es held or kept foi' private home use and not for commercial use, or are in storage or fi~r sale, (A) The newspaper has complied with all of the requirements constituting qualification as and which are not actually in cbmmercial use or dis- played for commercial use. An annual sm~ia] event a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other _~t. i. addition to a n~e. must be obt~od hv ~mv ]iceusee intendin~ to o~erat~ an exclusive com- nulSru~ m~3tine center for sm~cia] eventS as nermitted applicable laws, as amended, by Seaion 8-9(~ oft~ Code. (B) The printed public notice that is attached was published in the newspaper once each sestio~ 3. Section 8-9(b) ~lAconse annlication" of. the New Hope City Code is hereby amended to read as follows: week, for one successive week(s); it was first published on Thursday, the 5 day 8-9(b) License application. ~n addition to the ~or- motion required' by sectio~.8~2, the l~inbaR-machine; of Au,qust 2004, and was thereafter printed and published on every Thursday video game. c~mnut~i'iE~ane fir ~'/n~tbr ~mi~/etech- ' nolo~v and pen] table license app]ication shall contain: to and including Thursday, the day of ,, 2004; and pdnted below (1) OWner of preperty.'l'he name and ~ddr~ss of the- owner Or owners of property on which)~,he pinball is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby m~chines, video game~ ~0mon~er ~m~/com.ut~ er eamin~ teohnolo~v and/or pen] tables are locat; ed. acknowledged as being the size and kind of type used in the composition and publica- (2) Operator. The name and address of the person or persons who will operate the establishment where tion of the notice: the machines, gantss and/or tables will be.lcoaf~l. (3) Other businesses. Ir'the licensee owns or operates other game rooms or 13oo1 hallbusinesses the busi- abcdefghijldmnopqrst uvwxyz ness name and address of said businesses shall be y~f~ provided as part of the license apphcation. (4) Owner-operator relationship. A statement as to the contractual relationship between the proper~y owner and ]icensee, if not the same; that is em- ployee, lessee, etc. a (5) Description. A general description of the proposed operation including the maximum number of pin- ball machines, video games, comouter ~ame~ or .comouter ~amine technology and/or pen] tab]es lo- cated on the proper~y during the license year. (6) Additional tables and machines. In the event ad- ditional pinball machines, video.games, c0mmitei~ games/technclo~v or pool tables are kept or main- Subscribed and sworn to or affirmed before me t~insd on any property, an amended license appli- cation shail be fi]ed with the clerk. on this 5th day of August , 2004. Section 4. Section 8-9(c) "Fee_" of the New Hope City ~~.~ ~.~ ~~ Code is hereby amended to read as follows: 8-9(c) Fee~. ~he- ~ual license fee for each pinball machine, v~cI~ga~fie, comouter ~a~r comouter · ~amin~ technoloev or pool table and the soecial event Notary' Pub~r~ / so-so a~u~. ~/gd (P00g '~ '~nv) permit sh~l. be as prescxibed in chapter 14. '::2:=2=~=~======:;'~====~4 :3se33V Section 5. Section 8-9(0 "Hours of overation' of the O N~ew Hope City Codeis hereby amended to read as follows: MiSJ~¥ jl~ ~ ~o~;eIA~ ~s!IIOO ~ocI 8-9(f) Hours of operation. Any proper~y containing NOYAI~ I~I~UC-MINM ~*,:~u~ more than five licensed pinball machines, video MY C0MMIS~i0N EXPlf~,~ 'f~00g '~[n£ ~o ~;~p q39~ aq~ 1~3~[~- ~ games, comnuter dames or com.u~er ~amine technol- ogv. pool tables or any combination thereof may not be =============,,-,:,,-,:=,::'==~-:~==== .uo~.3~o!lqnd pu~ ao~ess~d s~. uodn ~ .~goOj open from 1:00 a.m. to 6:00 a.m~ An 'exclusive com- -ja ~q II~qS o~u~u~.p~O ~q~L '~q~([ a~!~ '£ uo~ nuter ffaminff center, defined as containinff only com- nutors linked to the internet ~ermittinff comuuter RATE INFORM '~"~ oo'0o~$ '~.~-~ ~us~a ~ds ~ ~-~ with oth~ .~vers worldwide, m~v ooera~ a . ~e~ s~eiai event at the comnuter gaming conter between ~u~.~I aq~'$o pud aq~ o~ol~q pa~.s~o~ ~o po~o,~ the hours ofl:00 a.m. to 6:00 a.m. on the followinfflim- (~) Lowest classified rate paid by commercial use ited basis: for comparable space ~ An mmual suecial event nermit must be obtained from the City and ~nDrenriatolv disnlaved as re- ouired by Section 8-9_et'al. of this Code. ' .2) Maximum rate allowed by law ~ NOblesothermavninballbe locatedmachineS'at the videOcomoutergameSffan~nffOr nOOlcen_ta- tot issued the s~eciai event Derntit. moo-unsum'.~u~ ~_~ No more than one suecinl event may'be ooerated (3) Rate actually charged wesk~v nursuant to the sueciai event~usrmit. . (4) The liceusee must Orovide th~ Chief 0f P01ice or the Chief's desi~mee 72-hours notice orior to holding. ORDINANCE NO. 04 - 09 AN ORDINANCE AMENDING THE NEW HOPE SIGN CODE REGULATING POLITICAL AND NONCOMMERCIAL SIGNS The City Council of the City of New Hope ordains: Section 1. Section 3-40(f)(5) "Political Signs" of the New Hope City Code is hereby amended to read as follows: 3-40(0(5) Political signs. Signs, not exceeding 32 square feet in area, displayed on private property, containing matter which is intended or tends to influence directly or indirectly any voting at any primary, general, municipal, special or school election, including pictures for announcements relative to candidates or campaign advertising. One sign per candidate and issue per lot is permitted in addition to other signs on private property in any zoning district. In state general election years only, the foregoing size and number regulations shall not apply but shall be governed instead by the regulations set forth in Minn. Stat. §211B.045. In state general elections, no person shall permit or allow any such sign to be publicly displayed or posted before August 1 or ten days after the state general election to which the sign relates. In special elections, the durational limit shall be 90 days before and ten days after the special election to which the sign relates. Any sign permitted by this section may be used as a noncommercial opinion sign. Section 2. Section 3-40(0(7) "Noncommercial Opinion Signs" of the New Hope City Code is hereby amended to read as follows: 3-40(f)(7) Noncommercial opinion signs. Signs, not exceeding 32 square feet in area, displayed on private property, containing information which expresses an opinion or point of view, but does not advertise products, goods, businesses or services. One sign per lot is permitted in any zoning district, however, an illuminated or motion sign may not be used in residential zoning districts as a noncommercial opinion sign. In state general election years only, the foregoing size and number regulations shall not apply but shall be governed instead by the regulations set forth in Minn. Stat. §211B.045. Section 3. Effective Date. This Ordinance shall be effective the 1st day of August, 2004. Dated the 26t~lay of July, 2004. ,~~ ~r, Mayor Attest: ~ Valerie Leone, ~ty Cler~ (Published in the New Hope-Golden Valley Sun-Post the 4th day of August , 2004.) P:V~TTORNEYXCNH ORDINANCES\99.40129-ORD 04-09 RE POLITICAL SIGNS.DOC 2 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) 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 week(s); it was first published on Thursday, the 5 day of Au.qust ,2004, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2004; and printed below ' ommo.~ NO. o~ 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 publica- tion of the notice: ~ The City Co~cil o~the City of New Hope ordains: ~ Section 1. ~ectiol~ 3-40(f)(5) ~Pol~tical Signs" of the abcdefghij klmnopqrst uvwxyz Ngw Hope CityCode is hereby amendedto read as follows: y~~~ 3-40(f)(5) Poiltical sians. Signs, not exceeding 32 squoxe feet in area, d~s~layed on private prope~y, con- taining'matterw~ch is intended or tends to influence dLrectiy or indff'~.~ly any voting at any primary, gen- " eral, mUnicipal, spedal'or school election, including B pictures for announceinents relative to candidates or .campaign advertising. One sign per candidate and' issue per lot is permitted in addition to other signs on private property in any zoning district. In state gen- eral election years oinv. the foregoing size and nombe, r regulations shall not anolv but shall be ~overned in- stead bv the re_~ulations set forth in Minn.'St~t.' Subscribed and sworn to or affirmed before me ~211B.045. In s~al;e general elections, noperasn shall permit or allow any ~uch sign to be publicly displayed or posted before August 1 or ten days a~er the state~ on this 5th day of August 2004. .general election to, winch,the sign relates, Iff spec{al ' elections, the durat~onal Umit sb~ll be 90 days before ~U..~/~ ~~~ and ten days af~e~ the special election ~o which the sign relates. Any sign permitted by this section may be used as a noncommercial opinion sign. Section 2. Section 3-40(f)(7) "Noncommercial O~iinon Notary Sim~s" of the New H6pe City Code is hereby amended to read as follows: 3-40(D'(7) Noncommercial ooinion signs. Signs, nqt ex- ceeding 32 square feet in area, displayed on private property, containing information winch expresses an -opinion or point of view, but does not advertise prod- uc~S, goods, businesses or services. One sign per-lot is permitted in any z~oning district, however, an illumi- hated or motion sign may not be used in residential zoning districts as a noncommercial opinion sign. In stale general election veers 0inv. the foregoin~size and RATE INFORMATION number remflafions shall not annlv bu~-shall be ' erned instead by the re~tlatio~s set forth in Minn. (1) Lowest claSSified rate paid by commercial users $ 2.85 per line Sta~.~21[B.045. for comparable space s~c~on 3. Effective Date. This Ordinance shall be ef- fective the let day of August, 2004, .2) Maximum rate allowed by law $ 6.20 0er line Dated the.26thdayofJ~1y~ 2004. (3) Rate actually charged $ 1.40 _Der line Don Collier, Mayor Attes[: Valer/e Leone:, .~ity Clerk ~ . (Aug 5, 2004) p2/Ordinance 04-09 ORDINANCE NO. 04- 10 AN ORDINANCE AMENDING NEW HOPE CODE SECTION 4-26 REGULATING FLOODPLAIN DISTRICTS TO CONFORM TO TIlE NATIONAL FLOOD INSURANCE PROGRAM The City Council of the City of New Hope ordains: Section 1. Section 4-26(a)(1) "Statement of Purpose" of the New Hope City Code is hereby amended to read as follows: (1) Statement of purpose. The purpose of subsection 4-26(a) through 4-26(k) is to the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations .Parts 59-78, as amended, to maintain the City's eligibility in the National Flood Insurance Program, and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. Section 2. Section 4-26(b) "General Provisions" of the New Hope City Code is hereby amended by amending subsections (1) and (2) to read as follows: (b) General provisions. (1) Adoption of Flood Insurance Study and Flood Insurance Rate Map. :ghe-gtood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the Flood Insurance Rate Map panels numbered 2 7053 C0184 E, 27053C0192 E, 27053C0194 E, 27053C0203 E, 27053C0211 E, and 27053C E0213 for the City of New Hope, dated September 2, 2004, as developed by the Federal Emergency Management Agency are hereby adopted by reference as the official floodplain zoning district map and made a part of this section. (2) Lands to which ordinance applies. This section shall apply to all lands designated .as floodplain within the jurisdiction of the city. Floodplain areas within New Hope shall encompass all areas designated as Zone ~1, Zone ~IE, Zone/10, or Zone .dH as shown on the Flood Insurance Rate Map adopted in this Section. Section 3. Section 4-26(c)(2) "Compliance" of the New Hope City Code is hereby amended to read as follows: (2) Compliance. No new structure or land shall hereafter be used and no structure shall be / located, extended, converted, repaired, maintained, or structurally altered without full compliance with the terms of this Code and other applicable regulations which apply to uses within the jurisdiction of this Code. Within the floodway and flood fringe, all uses 1 not listed as permitted uses in subsection 4-26(d) shall be prohibited. In addition, a caution is provided here that: a. New manufactured homes and replacement manufactured homes are subject to the general provisions of this Code and specifically subsection 4-26(d). b. Modifications, repair and maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Code and specifically subsection 4-26(i). c. As-built elevations for elevated structures must be certified by ground surveys as stated in subsection 4-26(g)(3) of this Code. Section 4. Section 4-26(d)(2) "Standards for Floodplain Permitted Use" of the New Hope City Code is hereby amended by amending subsections (d) and (f) to read as follows: d. All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the lowest floor, including ~ ~:"~* *~-~ ir *~ is ~ ~' ...... * is at or the basement floor, ......................... above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at such elevation at least 15 feet beyond the limits of the structure constructed thereon. f. Commercial and manufacturing uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) exceeds four (4) greater-th~ occurrence of the regional flood. Section 5. Section 4-26(g) "Administration" of the New Hope City Code is hereby amended by renumbering subsection (4) as subsection (6) and by amending subsection (1) and adding new subsections (4) and (5) to read as follows: (g) Administration. (1) Permit required. A permit issued by the city shall be secured prior to the construction, addition, modification, rehabilitation (including normal maintenance and repair) or alteration of any building or structure orportion thereoJi prior to the use or change of use of a building, structure or land; prior to the construction ora dam, fence, or on-site septic system; prior to the change or extension of a nonconforming use; prior to the repair ora structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement offill, excavation of materials or thev..........~...~*" ...... * ...~*' ~..~ .. ........... storage of materials or equipment within the floodplain. (4) Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of 2 Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shah also be submitted to the Chicago Regional Office of the Federal Emergency Management ~lgency (FEM./I). (5) Notification to FEM~I }Yhen Physical Changes Increase or Decrease the 100-year Flood Elevation..ds soon as is practicable, but no later than six (6) months after the date such supporting information becomes available, the Zoning ~4dministrator shah notify the Chicago Regional Office of FEM~I of the changes by submitting a copy of said technical or scientific data. Section 6. Section 4-26(h) "Variances" of the New Hope City Code is hereby amended by ' " ....... " ..... ~ '-' ..... ~ ~ follows: amending subsections (i) and (2) and adding new suosccuon~ ~.;/~.a~, ~o~ at~ut~ ,u ~au a~ (h) Variances. (1) A variance means a modification of a specific permitted development standard required in an official control including this Code to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in the city's respective planning and zoning enabling legislation and Section 4-26 of this Code. (2) The city council may authorize upon appeal in specific cases such relief or variance from the terms of this Code as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the city council shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Code, any other zoning regulations of the City, and the criteria specified in the respective enabling legislation which justified the granting of the variance. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: a. Variances shall not be issued by the City within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. b. Variances shall only be issued by a community upon (i) showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Variances shall only be issued upon a determination that the variances the minimum necessary, considering the flood hazard, to afford relief. Section 7. Section 4-26(i) "Nonconformities" of the New Hope City Code is hereby amended to read as follows: 3 (i) Nonconformities. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Code but which is not in conformity with the provisions of this Code may be continued subject to the following conditions. Historic structures, as defined in Section 4-2 of this Code, shall be subject to the following provisions in Section 4-26(0(1) through (4) of this Code: Section 8. Section 4-26(i) "Nonconformities" of the New Hope City Code is further amended by amending subsections (2) and (4) and adding new subsection (5) to read as follows: (2) A structural alteration within the inside dimensions of a nonconforming use or structure is permissible provided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure. A structural addition to a structure must be elevated to the regulatory floodprotection elevation in accordance with Section 4-2 of this Code. (3) The cost of all structural alterations or additions both inside and outside ora structure to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Code are satisfied. The cost of all structural alterations and'additions constructed since the adoption of the city's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of subsection 4-26(d) of this Code for new structures. (4) If any nonconforming use of a structure or land or nonconforming structure is destmeYm~ substantially damaged, as defined by Section 4-2 of this Code, it shall not be reconstructed except in conformity with the provisions of this Code. The city may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this Code. (5) If a substantial improvement occurs, as defined in Section 4-2 of this Code, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition, as required by Section (0(2) above, and the existing nonconforming building must meet the requirements of this Code for new structures, depending upon whether the structure is in the floodway or flood fringe, respectively. Section 9. Section 4-2(b) "Definitions" of the New Hope City Code is hereby amended by amending "Floodplain" and "Recreational Vehicle" and adding new definitions of"Lowest Floor", "Manufactured Home", "Substantial Damage" and "Substantial Improvement" to read as follows: Floodplain means the channel or beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodplain areas within New Hope shall encompass all areas designated as Zone A, Zone~lE, Zone~lO, orZone AH on the flood insurance rate map adopted in Section 4-26(b)(1) of this Code. 4 Lowest Floor means the lowest floor of the lowest enclosed area (including basement). Manufactured Home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle. ' ~ Recreational vehicle means a vehicle that is built on a single chassis, is designed to be self- propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. For the purposes of this Code, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. Substantial Damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurrecL Substantial Improvement means within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition or other improvement of a structure, the cost of which equals or exceeds 50percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage,' regardless of the actual repair work performed. The term does not, however, include either: (a) ~lny project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of an "historic structure,' provided that the alteration will not preclude the structure's continued designation as an "historic structur~ ' For the purpose of this Ordinance, "historic structure" shall be defined in the Code of Federal Regulations, Part 59.1. Section 10. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 9th day of August ., 2004. Attest: ~./.~. (~~_~_~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 18 :'-day of August ,2004.) P :LATrORNEY\CNH ORDINANCES\99.80410-ORD 04-10 RE FLOODPLAIN DISTRICTS.DOC 6 26A Crystal/Robbinsdale, New Hope/Golden Valley Sun. Post/Thursday, Aug. 19, 2004 ~ LEGAL NOTICES Federal Emergency Management Agency home" does not include the term '~eereational vehi. City of New Hope (Frr~). cie." (Official Publication) (5) Notification to FE,'rL4 When Physical Changes Recreational vehicge means a vehicle that is built on a ORDINANCE NO. 04 - 10 Increase or Decrease the lO0-year Flood Eleva- single chassis, is designed to be self-propelled or per- tion. As soon as is practicable, but no later than manentiy towable by a light duty truck, and is de- ANORDINANCEAMENI)INGNEWHOPECODE six(6) monthsafterthedatesuchsupportingin- signed primarily not for use as a permanent SECTION 4-26 formation becomes available, the Zoning Admin- dwelling but as temporary living quarters for re,re- REGULATING FLOODPLAIN DIS't'RICTS TO istrator shall notify the Chicago Regional Office .atlonal~ camping, travel or seasonal use. For the CONvFORM of FEMA of the changes by submitting a copy of purposes of this Code, the term recreational vehicle TO TIlE NATIONAL FLOOD INSURANCE said technical or scientific data~ shall be synonymous with the term travel PROGRAM Section 6. Section 4-26(h) "-Ve~iances" of the New Hope trailerltravel vehicle. . The City Council of the City of New Hope ordains: City Cede is hereby amended by amending subsections (1) Substantial Damage means damage of any origin and (2) and adding new subsections (2)(a), ih) and (c) to sustained by a structure where the cost of restoring the structure to its before damaged condition would Section 1. Section 4-26(a)(1) ~8tatement of Puroose" read as follows: equal or exceed 50 pePeent of the market value of the of the New Hope City Code is hereby amended to read as follows: (h) Variances. structure before the damage occurred. (1) A variance means a modification of a specific permit- Substantial Improvement means within any consec. (1) Statement of purpose. The pUrpose of subsection 4- ted development standard required in an official con- Utive 365-dayperiod, any reconstruction, rehabilita- 26(a) thzough 4-26(k) is to ' - - ' : ' ' ' tral includin~this Cede tO fi]10W an alternative devel- tion (including normal maintenance and repair), re. it.- :- '~- x,_~--~ ~ A- ~ 7_ _.~ ........... comply, opment standard not stated as acceptable in the offi- pair after damage, addition or other improvement of with the rules and regulations of the National cia] control, but only as applied to a particular proper- a structure, the cost of which equals or exceeds 50 Flood Insurance Progrczm codified as 44 Code of ty for thg purpose of alleviating a hardship, practical percent of the market value of the structure before Federal Regulations Parts 59-78, as amended, to difficulty or unique circums~mnce as defined and etab. the "start of construction" of the improvement. This maintain the' City's eligibility in the National orated upon in the city's respective planning and zon- term includes structures that have incurred "sub- Flood Insurance Program, and te minimize paten- lng enabling legislation and Section 4-26 of this stantial damage," regardless of the actual repair rial losses due to periodic flooding including loss of life, Code. work performed. The term does not, however, include loss of property, health and safety hazards, disruption (2) The city council may authorize upon appeal in spec/f- either: of commerce and governmental services, extraordi- ic cases such relief or variance from the terms of this (a) Anyproject for improvement of a structure to car- nary public ~xpenditures for flood protection and re- Code as will not be contrary to the public interest and rect existing violations of state or local health, lief, and impairment of the tax base; all of which ad- only for those circUmstances such as hardship, practi- sanitary, or s'afety code specifications which yersely affect the public health, safety and general cai difficulties or circumstances unique to the proper- have been identified by the local code enforce- welfare, ty under consideration, as provided for in the respec- ment official and which are the minimum neces- tive enabling legislation for plarming and zoning for · sary to assure safe living conditions. Section 2. Section 4.26(b) "General Provisions" of the cities or counties as appropriate. In the granting of (b) Any alteration of an ~historic structur~"provid- New Hope City Code is hereby amended by amending sub- such variance, the city council shall clearly identify in ed that the alteration will notpreelude the struc. sections (1) and (2) to read as follows: writing the specific conditions that existed consistent ture's continued designation as an "historic with the cri.'teria specified in this Code, any other structure." For the purpose of this Ordinance, (b) ~enera~ provislons, zoning regulations of the 'City, and the criteria ~historie Structure' shall be defined in the Code (1) Adoption of Flood Insurance Study and Flood In- specified in the respective enabling legislation which of Federal Regulations, Part 59.1. surance Rate Map..~l~.c Fl:cd !nzura.~:: P.a;: ~.'.a~ for justified the grant-Lng of the variance. The following ,~ ~: .... exr.... ,z~__ ~_,_~ ~ ........ ~o, The additionalvariancecriteriaoftheFederulEmer- Section 10. Effective Date. This Ordinance shall be ~ ~n~a~'c;'S~u'~l~u~e ~o~2~r~ ~olume geney Management Agency must be satisfied: effective upon its passage and publication. cr Variances shall rent be issued by ~he City with- 2 of 2, Hennepin County~ Minnesota, All Juris- dictions and the Flood Insurance Rate Mai; pan- in any designated regulatory floodway if any Dated the 9th day of August, 2004. els numbered 27053C0184 E, 27053C0192 E, increase in flood levels during the base flood 27053C0194 E, 27053C0203 E, 27053C0211 E, and discharge would resal~ 27053C E0213 for the City of New Hope, dated b. Variances shall only be issued by a communi- . Don Collier, Mayor September 2, 2004, as developed by the Federal ty upon (i) showing of good and sufficient Emergency Management Agency are hereby adopted cause, (ii) a determination that failure to Attest: by reference as the official floodplain zoning district grant the variance would re~dt in e.x.e, eption- : Va/erie Le°ne, ~it~ Clerk map and made a port of this section, al hardship to the applicant; and (id) .a de- (2) Lands to which ordinance applies. This section shall termination that the granting of a variance (Published in the New Hope-Golden Valley Sun-Post th( apply to all lands designated as floodplain within the will not result in increased flood heights, ad- 18th day of August, 2004.) jurisdiction of the city. Floodplain areas within ditional threats to public safety, extraordi- New Hope shall encompass all areas designated nary public expense, create nuisances, cause (Aug. 19, 2004) p2/Ordinance 04-10 as Zone .4, Zone AE, Zone AO, or Zone AH as fraud on or victimization of the public, or $hown ontheFloodlnsuraneeRateMapadopted conflict with eXisting local laws or ordi- in this Section. e. Variances shall only be issued upon a deter- Section 3. Section 4.26(c)(2) 'Comvliance~ of the New ruination that the variances the minimum Hope City Code is hereby amended to read as follows: neeeesary, considering the flood hazard, to · afford relief. (2) Compliance. No new structure or land shall hereafter be used and no structure shall be located, extended, $~ction 7. Section 4-26(i) ~Noncenformities~ of the converted, repaired, maintained, or structurally al- New Hope City Code is hereby amended to read as follows: tered without full compliance with the terms of this ' Cede and other applicable regulations which apply to (i) Nonconformities. A structure or the use of a structure uses within the jurisdiction of this Code. Within the or premises which was lawful before the passage or amendment of this Code but which is not in conformity floodway and flood fi'inge, all uses not listed as per- mit:ted uses in ~ubs%ti0n 4~26(d) shall be prohibited, with the previsions of this Code may be continued subject In addition, a caution is provided here ~hat: to the following conditions. Historic structures, us de- s. New manufactured homes and replacement man- fined in Section 4-2 of this C.ode, shall be subject to ufactured homes are subject to the general previ- the following provisio, ns ~n Section 4.26(i)(1) sions of this Code and specifically subsection 4- through (4) of this Codes 26(d). b. Modifications, repair and maintenance, addi- Section 8. Section 4-26(i) ~Nonconformities' of the tions, structural alterations or repair afl, er dam- New Hope City Code is further amended by amending sub- age to existing nonconforming stxucmres and non- sections (2) and (4) and adding new subsection (5) to read conforming uses of strUctures or land are regnlat- as follows: ed by the general provisions of this Cede and specifically subsection 4-26(i). (2) A structural alteration within the inside dimensions c. As-built elevations for elevated structures must be of a nonconforming use or s~racture is permissible pro- certified by ground surveys as stated in subsection vided it utilizes flood resistant materials so as not 4.26(g)(3) of this Cede. to result in increasing the flood damage potential of that use or structure. A structural addition to a Section 4. Section 4-26(d)(2) ~Standards for Flood- structure must be elevated to the regulatory ftood ~i~$t~J,~g~ of the New Hope City Cede is here- protection elevation in accordance with Section by amended by amending subsections (d) and (f) to read as 4-2 of this Code. follows: (3) The cost of all structural alterations or additions both inside and outside of a structure to any nonconform- d. All structures, including accessery structures, ad- lng strnctaxre over the life ortho st~acture shall nst ex- ditions to existing structures and manufactured ceed 50 percent of the n~arket value of the structure homes, shall be constructed on fill so that the low- unless the conditions of this Code are satisfied. The est floor, including the basement floor, cr fir:: cost of all struc~ral alterations and additions con- ...................... is at or above ~cahe reg- structed since the adoption of the city's initial flcod- ulatery flood protection elevation. The finished ill1 plain controls must be calculated in[0 today's current elevation must be no lower than one foot below the cost which will include all costs such as construction regulatory flood protection elevation and shall ex- materials and ~ reasonable cost placed.on all man- tend at such elevation at least 15 feet beyond the power or labor. If the current cost of all previous and limits of the structure constructed thereon, proposed alterations and additions exceeds 50 percent f. Commercial and manufacturing uses. Accessory of the current market value of the structure, then the land uses. such asvards,ral]xoadtrarks, anclpark- s~.ctu?..mu_st.me, et the standaxds of subsection 4- ORDINANCE NO. 04 - 11 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE PROHIBITING STORAGE OF RECREATIONAL VEHICLES IN FLOOD PLAIN DISTRICTS The City Council of the City of New Hope ordains: Section 1. Section 4-26(d)(2)(b) "Storage of materials and equipment" of the New Hope City Code is hereby amended to read as follows: b. Storage of Recreational Vehicles, materials and equipment: 1. No recreational vehicles, as defined by section 4-2 of this Code, may be stored, parked or maintained in any way within the l OO year flood plain. -1-2. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal or plant life is prohibited. 53. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation. Section 2. Section 4-2 "Recreational vehicle" of the New Hope City Code is hereby amended to read as follows: ecrea ona ve cemeans~ ~ve ce "';+~ +~ +~ + .....~ +":~'/~ .... ~ "~:"~ lf-p op lied ile d hi les h/ch ed ............................................ se r e or tra re ve c w are us primarily for recreational-leisure time activities including, but not limited to, RV's, campers, tent trailers, or other vehicles used for tempora~ living quarters, boats, all terrain vehicles, snowmobiles, motorcycles, utili~ trailers, and similar vehicles or equipment. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Datedthe 27th dayof September ., 2004. Attest: /F~~t~ (~' ~-~t~ v Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 7th day of October ,2004.) P:~ATTORNEY~CNI-I ORI)INANCES\99.8041 I-ORD 04-11 RE FLOODPLAIN DISTRICTS.DOC newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Richard Hendrickson, beingduly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Post , and has full knowledge of the facts stated below: (^) 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 applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 7 day - ~o~ad of October., 2004, and was thereafter printed and published on every Thursday · ~zo~OR])~C~'~I!~'~~ COm~ PROnto' ~- h'ZWaOt~. to and including Thursday, the day of ,2004; and printed below is ])m~P, ZC'TS ..... ,-,~,~,,-,~u~ The City Council of the City of New Hope ordains: a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the ~ ~, en[ oz~e ~.~ew Hope (J]ty Code is hereby amend- e_d to read as follows: notice: b. Storage of Recreatior~al Vehicles, materials and equipment: ~ . abcdefgKijklmnopqrstuvwxyz !' .No r?.re~.'. .nal ~ehieles,~a~ defir~ed l~' sec. rna~nraine~t in any way within the 100 year · 2. The storage or processing of materials that are,' in time of flooding, flammable, explosive, 'm' paten- ~ally injurions to human animal or pt~t life is / - . I~3. St°rageofothermaterialsorequipmentmaybeal: CFO ~_.~--~' lowed if readily removable from the area within ' the ~me available after a fl6od warning or if placed on flu to the regu. latoryflood protection elevatiofi. . Section 2. Section 4-2 "Recreational vehicle" of, the New Hope C~y Code is hereby amended to read as follows: Subscribed and sworn to or affirmed before me Recreagional vehicle means .... ~: ~, ~ ~ ~. -~ on this 7th day of October 2004. ,-~. ........... .~ ,. ~. ~ -~ ...... ~-~ ....... Notary~Public// ~!,_~. ..... d primarily for reere.tional-ieisu,rd RATE INFORMATION , '"- ~',-~ vehicles or ~t. and (1) Lowest classified rate paid by commercial users $ 2.85 per line .~on 3_. Effective Date. This Ordinance shall be for comparable space ~ive upon i~ passage a~d publicatien Dated the 2.._~, day o£~ 2004; 2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line Attest: (PubJished in t~e New Hope:Golde. Valley S~n-Pbst the 7th day of October, 2004.) ¢Oct. 7. 2004)p2/Ordina~ce 04-11 ORDINANCE NO. 04-12 AN ORDINANCE AMENDING CHAPTER 14 OF THE NEW I-IOPE CITY CODE BY AMENDING VARIOUS FEES AND UTILITY RATES The City Council of the City of New Hope ordains: Section 1. Section 14-1(2) "Assessable City Charges Certified to Taxes" of the New Hope City Code is hereby amended to read as follows: 14-1(2) "Assessable City Charges Certified to Taxes ". Minn. Stat. § 429.101 permits the city to certify to the county auditor delinquent unpaid billings for city services in the same manner as special assessments for public improvements to be collected with real estate taxes against offending lots or parcels owing for said services. Such services include, but are not limited to, water, sanitary and storm sewer, recycling, street lighting and weed and tree removal. In the event it becomes necessary to certify any unpaid billing for city services to the county auditor as a special assessment for the collection with real estate taxes, a $25.99535.00 certification processing fee will be charged to the costs so certified in addition to the actual unpaid amount and applicable interest and/or penalty charges. This charge is necessary to cover the city's expense for certification and publication costs and administrative time spent to certify the unpaid billings to the county for collection. Section 2. Section 14-1 (4) "E-Permit Fee" of the New Hope City Code is hereby amended to read as follows: 14-1(4) '~ Pcrmit Internet Transaction Fee". Any city pem,,iCtransaction obtainable by intemet access through the city's web site requiring payment of a fee shall be assessed $3.9953.50 in addition to the applicable ~transaction fee. This additional internet access fee is necessary to reimburse the city for its cost to provide on line permit access. Section 3. Section 14-50(10)(b) "Water Rates" of the New Hope City Code is hereby amended to read as follows: 14-50(10)(b)" Water Rates". Water bills shall be concurrent with sewer billings. The rate for water furnished to consumers by the municipal water system shall be as follows: The minimum monthly charge will be ~, .... $5.01 for each meter plus $3,4-952.97 for each 1,000 gallons of consumption over and above the initial 1,000 gallons recorded on said meter for the month. $0.43 of the minimum monthly charge is assessed by the Minnesota Commissioner of Health and shown on the billing statement as a miscellaneous charge. This charge is authorized by Minn. Stat. § 144.3831. Section 4. Section 14-50(10)(g) "Fire Protection Hydrants" of the New Hope City Code is hereby amended to read as follows: 1 14-50(10)(g) "Fire Protection Hydrants". There shall be an annual charge of~, ..... $60.00 for each private fire hydrant. All private hydrants shall be installed at no expense to the city, and shall be approved as to plans and specifications by the city, and all such construction shall be inspected and approved by the city, and all costs thus incurred by the city shall be reimbursed to the city by the owner of the property. Section 5. Section 14-50(10)(h) "Reconnection Charge" of the New Hope City Code is hereby amended to read as follows: 14-50(10)(h) "Reconnection Charge". A $25.00540.00 service fee shall be charged for reconnection to the city's water service resulting from nonpayment of the city water billing or if the disconnection is voluntary and requested by either the owner or occupant of the property. Section 6. Section 14-50(11) "Stormwater Utility Rate" of the New Hope City Code is hereby amended to read as follows: 14-51'(11) "Stormwater UtilitvRate". Pursuant to Minn. Stat. § 444.075 and subsection 5- 3(0(2) of this Code, a monthly charge per residential equivalent factor (REF) assigned to a land parcel shall be billed to the owner or occupant of each parcel of property in New Hope. The purpose of said charge is to pay for the repair, improvement, maintenance and operation of the municipal stormwater drainage system. Said charge shall be determined as follows: a. Single- and two-family residential parcels per REF ~q c'* $5.74 b. All other residential, commercial and industrial parcels per REF... 8.27 $8.62 Section 7. Section 14-13(9)(a) "Recycling Service Fees" of the New Hope City Code is hereby amended to read as follows: 14-13 (9) "Recycling Service Fees ". The fee charged to each owner or occupant for recycling collection services shall be as follows: a. Basic fee per month... $2.1553.10 Section 8. Effective Date. This Ordinance shall be effective upon its passage and publication. 2 Dated the 13th day of December, 2004. Attest: /~ ?~7'~.~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 23rd day of December ,2004.) P:kATTORNEY\CNH ORD1NANCES\99.80412-ORD 04-12 AMEND FEES & UTILITY RATES FOR 2005.DOC 3 New (Official Pubiieation) ORDINANCE NO. 04-12 OF THE NEW HOPE CITY CODE BY AMENDING VARIOUS FEES AND UTILITY RATES ws an er s ~ city Council of the City of New Hope ordains'. Section 1. Section 14-1(2)"Assessable City Charges Certified to Taxes" of the New Hope City Code is hero~ AFFIDAVIT OF PUBLICATION amended to read as follows: 14-1(2) "Assessable City Char~es Certified to Toxe,~'; STATE OF MINNESOTA) ~un. Stat. § 429.101 permits the city to certify to the county auditor delinquent unpaid billings for city services in the same manner as special assessments for public ira- SS. provements to be collected with real estate taxes against offending lots or parcels owing for said services. Such' Ser- COUNTY OF HENNEPIN) ~ees include, but are not limited to, water, so.tory and storm sewer, recycling, street lighting and wesd and tr~e removal. In the event it becomes necessary, to ce~ ahy Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- .~Pald bmug for city so.ices to th~ou~y ~u~ special aSSessment for nancial Officer of the newspaper known as Sun-Post and a $2~.C~35.00 certification prOCessing fee will be cha~ged ' to the costs so certified in addition to the actual unpaid amount and aPplicable interest ~d/or penalty: charges. has full knowledge of the facts stated below: ~r~ charge is necessary to cover the cit3~s expense for cer, tificntion and publication costs and adminiskrati~e ~e ~spent to certify the Unpaid billings to the County for ~o1~ (A) The newspaper has complied with all of the requirements constituting qualification as a iection. Section 2. Section 14-1(4) ~E-Permit Fee; of the New qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- Hope City Code is hereby amended to road as~ollows: able laws, as amended. 1~1(4) -r~.,~z-te~.~ 3h,~s~. re~'. A~Y city 7-~: transaction obtainable bY internet access throug~ (B) The printed public notice that is attached was published in the newspaper once each the mty's web site re~uirin~ oawnent cfa fee ShaLl be sessed ~2.9~$3;50 in'additi~n to t~ appllea~e ~ ~..tcans~a?t_ion- _fee~. Tl~s additian~intern~ :a~ fee ~s n~-_ week, for one successive week(s); it was first published on Thursday, the 23 day essary to reimburse the city for its cost to provide on tine permit access. of December ,2004, and was thereafter printed and published on every Thursday Section ~. Section 14-50(10)(b) ~Water Rates" of the to and including Thursday, the day of ,2004; and printed below is ~ew Hope City Code is hereby ~mended to read as follows: 14-50(10)(b) "Water Rates". Water bills shall be con- a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- cn~ent with sewer biliings. The rats for wa[er furuished to consumers by the muuicipal water system shall be as follows: The minimum monthly Charge wilt be edged as being the size and kind of type used in the composition and publication of the for each meter plus $37-252.97 for each 1,000 gallons of consumption over and abOVe the initial 1;000 gallons recorded on Said meter for the month~ $0,43 of the mini- notice: mum monthly charge is assessed by the Miuneseta Com- missioner of Health and sh'own on the billing statement as a miscellaneous charge. T]~s charge is authorized by abedefghij]dmnopqrstuvwxyz Minn. St;at, { 144.3831. ~ ;~' ~ / i : ~ f Section'4. Section 14-50(10)(g) "Fire Protection Hy- drants' 0fthe New Hope City Code is hereby amended to read as follows: BY: 14-50([0)(g) ~Fire Protection H~drants'~Thero shall be an annual chaxge of $5~.~$60.00 for each private frre hy- drant. All private hydrants shali be installed at ne expense to the city, and shall be approved as to plans and specifi- cations by the city, and alt such construction shall be spected and approved by the city, and all costs thus in- curred by the city shall be reimbursed to the city by the owner of the property. Subscribed and sworn to or affirmed before me SectionS. Section 14-50(lO)(h)"~counectian Char_=e' of the New Hope City Code is hereby amended to read as on this 23rd day of December , 2004. fonows: service fee shall be charged for recomlection to the city's water service resulting from nonpayment of the city water · ,~ -- billing or if the discounection is voluntary and requested Notar by either the owner or occupant of the property. Section 6. Section 14-50(11) "Stormwater Utilit~ Rate___._~ of the New Hope City Code is hereby amended to read as follows: 14-51(1i) '~Stormwater Utility Rate~. Pursuant to .Minn. Stat. § 444.075 and subsection 5-3(f)(2) of thls Code, a monthly charge per residential equivalent factor (REF) assigned to a land parcel shall be billed to the owner or cc- cupant of each parcel of property in New Hope. The pur- pOse of said charge is to pay for the repair, improvement, maintenance and operation of the municipal ~to~mwater RATE INFORMATION drainage system. Said charge shall be determined as fol- (1) Lowest classified rate paid by commercial users $ 2.85 per line a. Single: ~d ~w0-famUy for comparable space residential parcels per REF;. ' . ~5~57 $5.74 - b. All other residential, commercial ~'2) Maximum rate allowed by law $ 6.20 per ~ine and industrial parcels per REF .... :i: 9.:2? $8:62 ~-~ ~. Section 14-13(9)(a) "ReCYcling Service Fees" of the New Hope City Code is hereby amended to read as (3) Rate actually charged $ ~ .30 per line follows: : 14-1~ (9) 'Recvelin~ Service Fee~.The ~e~-~harged:to ' each: owner ~O.r ,acctipant for ~y~qing collegian. ~ceS shali be as follews: .... Section 8. Effective Date. This Ordinance shall be ef- fective upon its passage:and publication~ . : ORDINANCE NO. 04-13 AN ORDINANCE INCREASING THE HOUSING MAINTENANCE INSPECTION AND REINSPECTION FEES 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 hereby amended to read as follows: 14-2(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 ...................... $I15.~$120.00 Multiple residences with three or more units (initial inspection and first reinspect) 1st unit each building ....................................................... Each additional unit ................................................................. $15.00 Reinspection after first reinspect - Single-family and multiple residences per hour (one hour minimum) ............................................................ Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 13~ day of December, 2004. ~ ~,~// ~~-~' ~0a'~oll~,, Mayor Attest: ~' ~ Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the 23rd day of December ,200._4.) P:\ATTORNEY\CNH ORDiNANCES\99.80413-ORD 04-13 1NCREAS HOUSING INSPECT & RE1NSPECT FEES.DOC 1 Cit~ofNew Nope (Ol~elal l~blle~tlon) ORDINANCE N~.~o4-13 ~ O~CE ~C~G T~ HOUS~G ~~CE ~SPEC~ON ~ ~SPEC~ON FEES wspapers ~e City Co~c~ of ~e Cit~ of New ~ope orda~s~ s~ection Fee~~ of ~he New Hop~ ~Ci~y Code i~e~y ~ended ~o read ~ follows: STATE OF MINNESOTA) ~4-~ ~1)~Ho~m~Ma~ten~ce Lns~ec~ion Fees':. Fee amounts for the ~fi]~tenance inspection required by S~ti0n S~g~- and ~o-Fa~y'Re~Jdence8, COUN~ OF HENNEPIN) Condom~iums ~d ~6~h~uses (~itiM inspection ~d first re~spec~ per dweH~g uni~ .... ~!I~.~$12~00 Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- ~ ~'-~ ' ....... Mulaple re~t~ndeg:with ~ree or more ~its nancial Officer of the newspaper known as Sun-Post , arid (~itiM inspection ~ ~rst'reinsp~) has full knowledge of the facts stated below: ts~ ~it each b~d~g ............ ~i~.~S120.~ Each ad~tionM ~it ..................... $15.00 (A) The newspaper has complied with all of the requirements constituting qualification as a Re~spe~ion &r ~st re~pe~- S~gle-f~ly and m~6ple residenc~ qualified newspaper, as provided by Minn. Stat. {331A.02, {331A.07, and other applic- per no,r (one ho~ ~um) ....... ~.~7.~ Section 2. Effe~ve Date. ~s ~&n~ce sh~ ~ el- able laws, as amended, f~cave u~n i~ p~ge ~d pub~on. (B) The printed public notice that is a~ched was published in the newspaper once each Da~a me 13~ day olD,tuber, 2004. week for one successive week(s); it'was first published on Thursday, the 23 day 9on Conic, Mayor of December ,2004, and was thereaaer printed and published on eve~ Thursday V~e~e ~one, City Clerk to and including Thumday, the day of 2004; and printed below is (Published in ~e New Hope-~Men Val~ ' day of. ~ .) a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- (~, 23, 20~)p~O~a~ edged as being the size ~d kind of ~pe used in the composition and publication of the notice: Subscribed and sworn to or affirmed before me on this. 23rd day of December , 2004. Notar RATE INFORMATIO~ (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 $ 1.30 per line