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HomeMy WebLinkAboutOrdinance - 5-2017 - Amending City Code 11.55 Related to Tree Replacement - 03/30/2017 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.55 RELATING TO TREE REPLACEMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.55, Subd. 4.C.1 is hereby amended by deleting the last sentence in its entirety and replacing it with the following: "In the case one or more Heritage trees are saved, the amount of Diameter-inches of said saved Heritage tree(s) may be subtracted from the replacement required by Subd. C. 1 of this Subdivision, provided however in no event shall the amount subtracted exceed 50% of the Replacement Trees (Number of Caliper Inches) as determined by the formula in Subd. C. 1. The not to exceed 50% limitation shall apply to applications deemed to be complete on or after March 7, 2017." Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of March, 2017 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21 st day of March, 2017. ATTEST: K leen Porta, City Clerk cy ra-L en , M or Published in the Eden Prairie News on the 30t" day of March, 2017. Affidavit of Publication CITY®FE NCOUNI Southwest Newspapers HENNEPIN COUNTY, : MINNESOTA ORDINANCE NO.5-2017 AN ORDINANCE OF THE ` CITY OF-EDEN PRAIRIE, State of Minnesota 1 MINNESOTA AMENDING )SS. CITY CODE CHAPTER 11, SECTION 11.55 RELATING TO County of Hennepin TREE REPLACEMENT; AND Y P ADOPTING BY REFERENCE CITY CODE CHAPTER'1:AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY Laurie A. Hartmann,being duly sworn, on oath says that she is the authorized agent of the PROVISIONS publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and THE CITY COUNCIL OF has full knowledge of the facts herein stated as follows: THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: (A) This newspaper has complied with the requirements constituting qualification as a legal Section 1. City Code Chapter newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as 11, Section 11.55, Subd. 4.C.1 is amended. hereby amended by deleting the last sentence in its entirety and replacing it with the following: (B)The printed public notice that is attached to this Affidavit and identified as No. , "In the case one or more was published on the date or dates and in the newspaper stated in the attached Notice and said Heritage trees are saved, the Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of amount of Diameter-inches of the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both said saved Heritage'tree(s)may be inclusive,and is hereby acknowledged as being the kind and size of type used in the composition subtracted from the replacement and publication of the Notice: required,by Subd. C. l of this Subdivision, provided however in no event shall the amount abcdefghijkhnnopgrstuvlvxyz subtracted exceed 50% of the Ott Replacement Trees(Number of , ! qV1 ; 1 Caliper Inches) as determined '13Y .; a bythe formula in Subd.C.1. The not to exceed 50%limitation shall Laurie A.Hartmann apply to applications deemed to _ be complete on or after March 7,2 Section 2. City Code Chapter Subscribed and sworn before me on Sec 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including r� j Penalty for Violation"and Section this r day of e 2017 5.99 and Section,11.99 entitled' "Violation a Misdemeanor"are hereby adopted in their entirety, � � 6 by reference,as though repeated n c 1 f,1�E J J�N ET I E p� verbatim herein. ~ Section 3. This ordinance (G''A�PLiE UC-IA NNES0 A after become age and publication. N '>a lic ' # y i � 'Y M'°g � AES 01/31119 FIRST READ at a,regular 1 `% meeting of the City Council of y the City of'Eden lPrairie on the 7th day of March,2017 and finally read and adopted`and ordered published at a regular meeting of RATE INFORMATION the City Council of said City on the 21st day of March,2017. Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch Nancy Tyra-Lukens,Mayor': Maximum rate allowed by law for the above matter...................................$31.20 per column inch ATTEST: Kathleen Porta,City Clerk Rate actually charged for the above matter...............................................$12.59 per column inch (Published:in the Eden Prairie ' News on Thursday, March 30' 2017;No 3163)