Memo Second Reading For Zoning Ordinance Amendment (3)
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To: City Council
From: Nancy Anderson
Date: Wednesday, July 12, 1995
Subject: Second reading for Zoning Ordinance Amendment
Attached is Ordinance 95-771 that will rezone parts of 6th and 7th Avenues South from
R-5, High Density Multiple Family to R-1-A, Single and Two Family High Density.
The City Council's action is to approve Ordinance 95-771 for second readina and order
it published.
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CITY OF HOPKINS
Hennepin County, Minnesota
. ORDINANCE NO. 95-771
AN ORDINANCE REZONING AN AREA SOUTH OF MAINSTREET BETWEEN
6TH AND 7TH A VENUES
BE IT ORDAINED by the City Council of the City of Hopkins as follows.
That the present zoning classification of R-5, High Density Multiple Family, upon the
following described premises is hereby repealed, and in lieu thereof the said premises is hereby
zoned as R-I-A, Single and Two-Family High Density.
Lots 21-29 Block 1, West Minneapolis
Lots 9-18 Block 2, West Minneapolis
Lots 30-39 Block 2, West Minneapolis
That the presently existing Hopkins Zoning Map adopted as part of Hopkins Zoning
Ordinance is hereby amended and changed in accordance with the above provision.
First Reading: July 5, 1995
. Second Reading: July 18, 1995
Date of Publication: July 26, 1995
Date Ordinance Takes Effect: August 17, 1995
Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
It
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City of Hopkins
Memorandum
Date: July 7, 1995
To: Honorable Mayor and City Council
From: James Gessele, Engineering Supt. JTCt
Subject: Ordinance 95-772 Amending section 820 Maintenance and
Repair of Walks and Driveway Aprons
Attached you will find Ordinance 95-772 for second reading.
Adoption of this ordinance officially makes the City responsible
for repair of public sidewalks and makes property owners
responsible for repair and/or removal costs of carriage walks and
driveway aprons.
. The original draft ordinance as submitted for first reading has
been revised. The city Attorney has added precise language
concerning the definition of a driveway apron (Section 820.01
Subd. 2) . Staff feels this should answer any perceived ambiguity
about areas within a driveway apron that are used by passing
pedestrians as a walk way. It is important to treat the driveway
apron as an integral unit because its design and function are
geared towards the vehicle as the ultimate source of wear and
tear.
Staff recommends adoption of Ordinance 95-772 for second reading
and order published.
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. ORDINANCE 95-772
An Ordinance relating to Maintenance of Vegetation; Repair or
Replacement of Walks And Aprons; repealing in its entirety Section
820 - Assessable Current Services of Chapter VIII of the Hopkins
City Code as follows and replacing it with the following:
THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN:
Section 820 - MRintenRnce And Repair Of Walks, Aprons And
Vegetation
820.0l. Definitions.
Subd. 1. "Current Service". means the removal from sidewalks
accumulation of snow, ice, dirt and rubbish; cut or eliminate weed
growth, grass or other rank vegetation.
Subd. 2. "Driveway Apron". means the driveway area providing
access to the property of an owner or occupant extending from a
public street curb cut to the boundary of the property of said
. owner or occupant.
820.03. Walks And Weeds. The owner or occupant of property
adjacent to a pUblic sidewalk, carriage walk, or driveway apron,
shall maintain such areas in a clean and safe condition for
pedestrians at all times and shall not. allow snow, ice, dirt or
rubbish to remain thereon longer than 12 hours after its deposit.
Said owner or occupant shall further cut or remove weeds, grass or
other rank vegetation growth of an average height greater than ten
inches as defined in Minnesota Statute Section 18.171, Subd. 5.
820.05. Public NuisRnce. Failure of the owner and occupant
to comply with the requirements of Section 820.03 by allowing such
accumulations or growth shall be deemed to be a public nuisance.
820.07. Notice. Whenever the owner or occupant permits the
continuance of a pUblic nuisance as defined in Section 820.05, the
City shall serve notice upon said owner or occupant by registered
mail or personal service ordering such maintenance or removal
within ten days following receipt of the notice and further notice
that non-compliance will be followed by such maintenance or removal
. by the City at the expense of the owner or occupant and if unpaid,
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. shall be made a special assessment against the property concerned
as hereinafter provided.
820.09. Assessment. On or before September 1 of each year,
the City shall list the total of all unpaid charges for each type
of current service against each separate lot or parcel to which
they are attributable under this Section. The City may then spread
the charges against the benefited property as a special assessment
pursuant to Minnesota Statute Section 429.101 and other pertinent
statutes for certification to the County Auditor and collection for
the following year with current real estate taxes due on said lots
or parcels.
820.ll. The City shall repair or replace carriage walks and
driveway aprons when, in the opinion of the City Engineer and
subject to Council approval, such facilities are found to be in a
state of disrepair and pose a danger to the health and safety of
the Public. Costs incurred shall be assessed against benefited
property as a special assessment pursuant to Minnesota Statute 429.
820.13. Unused or abandoned curb cuts and driveway aprons
shall be removed by the City and street, curb, gutter and boulevard
. restored in the event of street reconstruction, development or
redevelopment of real property adjacent to such curb cut and apron
or upon determination by the City that such unused or abandoned
curb cut and apron impose a hazard to the health and safety of the
public. Costs incurred shall be assessed against the benefited
property as a special assessment pursuant to Minnesota Statute 429.
820.15. Notwithstanding the above provisions to the contrary,
the City shall repair or replace public sidewalks at its own
expense without cost to the owner or occupant of adjacent property.
820.17. Violation. Continuation of a public nuisance as
defined in Section 820.05 in violation of this Ordinance or to
interfere with a City employee or other authorized person in the
performance of any current service following due notice to the
owner or occupant of such lots or parcels is a misdemeanor
violation of this Ordinance.
This Ordinance is effective on August 15, 1995.
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. First Reading: July 5, 1995
Second Reading: July 18, 1995
Date of Publication: July 26, 1995
Charles D. Redepenning, Mayor
Attest:
James A. Genellie, City Clerk
Approved As To Form And Legality:
tit City Attorney Signature Date
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