080921 City Council Meeting Packet
NEW HOPE CITY COUNCIL
MEETING AGENDA
August 9, 2021
7:00 p.m.
City Hall – Council Chambers
4401 Xylon Avenue North
Mayor Kathi Hemken
Council Member John Elder
Council Member Andy Hoffe
Council Member Michael Isenberg
Council Member Jonathan London
The City Council wants and encourages citizen participation at Council Meetings. Your input and
opinions count and are valuable. You are encouraged to bring forth your comments and issues at
the appropriate point on the agenda.
A 15‐minute maximum Open Forum is held at the beginning of each Council Meeting. At this time
any person may address the Council on any subject pertaining to City business not listed on this
agenda or scheduled as a future agenda item. The Council requests that you limit your presentation
to 3 minutes. Anyone wishing to address the City Council on a particular item should raise their
hand and be recognized by the Mayor. Approach the podium and speak into the microphone by
first stating your name and address. Also, please record your name on the roster at the table near
the door so that your name will be spelled correctly in the minutes.
Individuals should not expect the Mayor or Council to respond to their comments tonight; Council
may refer the matter to staff for handling or for consideration at a future meeting. You are welcome
to contact the city clerk at 763‐531‐5117 after the council meeting.
COUNCIL MEETING BROADCASTS AND STREAMING
Government Access channel 16 programming includes live/taped meeting replays
Live on‐line meetings and past meetings on‐demand are available through www.nwsccc.org.
www.newhopemn.gov
New Hope Values and Vision
City Mission
Strong local government that is proactive in responding to the community needs and issues by delivering quality
public service to all city residents, businesses, property owners, and organizations in a prudent and e cient manner.
Values
Excellence and Quality in the Delivery of Services
We believe that service to the public is our reason for being and strive to deliver quality services in a
highly professional and cost-e ective manner.
Fiscal Responsibility
We believe that fi scal responsibility and the prudent stewardship of public funds and city assets is essential if
residents are to have confi dence in government.
Ethics, Integrity and Professionalism
We believe that ethics, integrity, and professionalism are the foundation blocks of public trust and confi dence and
that all meaningful relationships are built on these values.
Respect for the Individual
We believe in the uniqueness of every individual, and welcome, appreciate, and respect diversity and the di ering
of opinions.
Open, Honest, and Respectful Communication
We believe that open, honest, and respectful communication is essential for an informed and involved citizenry
and to foster a positive environment for those interacting with our city.
Cooperation and Teamwork
We believe that the public is best served when all work cooperatively.
Visionary Leadership and Planning
We believe that the very essence of leadership is to be responsive to current goals and needs, and visionary in
planning for the future.
Vision
e city is a great place to grow as a family, individual, or business.
All within our city are safe and secure.
Essential services will be those that promote a safe and healthy environment for all residents.
Essential services and programs will be enhanced and streamlined, and will be provided in an economical manner
and with measurable results.
e city views residents as its greatest asset and seeks their input and participation.
e city will meet the communication needs of citizens, elected o cials, and city sta .
Strategic Goals
e city will maintain and improve its infrastructure (water distribution, storm water, sewer, roads, parks,
lighting, and city facilities).
e city will use frugal spending and resourceful fi nancial management to maintain its fi scal health.
e city will encourage maintenance, redevelopment, and reinvestment of existing properties to improve
or enhance its tax base.
e city will provide core services with a professional sta who are equipped with the necessary tools and
equipment and given necessary direction.
e city will facilitate and improve communications to promote e ective intergovernmental cooperation
between sta , citizens, and Council.
Adopted by the New Hope City Council, August 2006
Reaffirmed by the New Hope City Council, February 2021
CITY COUNCIL MEETING
City Hall, 4401 Xylon Avenue North
Monday, August 9, 2021
7:00 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – August 9, 2021
2. ROLL CALL
3. APPROVAL OF MINUTES:
Regular Meeting Minutes – July 26, 2021
4. OPEN FORUM
5. PRESENTATIONS
6. CONSENT BUSINESS
6.2 Approval of financial claims through August 9, 2021
6.4 Resolution approving final payment request to NMC Exteriors & Remodeling for the
replacement of siding, soffit, fascia and service doors for the maintenance garages at
Victory Park and Lighted Fields in the amount of $10,481.99 (Improvement Project No.
1068)
6.5 Motion approving temporary on‐sale liquor license on September 11 for House of Hope
Lutheran Church at 4800 Boone Avenue North
6.6 Motion approving temporary on‐sale liquor license on September 30 for OMNI Brewing
Co. for event at TMS Johnson, 2908 Nevada Avenue North
7. PUBLIC HEARING
8. DEVELOPMENT AND PLANNING
8.1 Resolution authorizing creation of Joint Airport Zoning Board for Crystal Airport
9. PETITIONS AND REQUESTS
10. ORDINANCES AND RESOLUTIONS
11. UNFINISHED AND ORGANIZATIONAL BUSINESS
12. OTHER BUSINESS
12.1 Exchange of communication between members of the city council
13. ADJOURNMENT
Memorandum
To: New Hope City Council
From: Kirk McDonald, City Manager
Date: August 5, 2021
Subject: Agenda Items for Monday, August 9, 2021
I will be on personal leave and have asked Director Sargent to attend the meeting in my absence.
Open Forum
Staff is not aware of anyone planning to address the Council for the Open Forum.
Items 6.1, 6.2, and 6.3
Item 6.1 – there are no new business license requests.
Item 6.2 ‐ involves routine financial claims.
Item 6.3 – there are no new liability claims to report.
Item 6.4
On March 8, 2021, Council awarded a contract to NMC Exteriors & Remodeling for the replacement of
siding, soffit, fascia and service doors at the maintenance garages at Victory Park and Lighted Fields for
$20,555.03. The garages were constructed in the early 1990s and were in need of improvements. The work
has been completed and staff recommends final payment of $10,481.99. The final project cost was $204.76
higher than the original quote due to permit fees. Director Rader and I recommend approval.
Item 6.5
This item approves a temporary on‐sale liquor license to House of Hope Lutheran Church at 4800 Boone
Avenue North. The church will be hosting Oktoberfest on September 11 and desires to have beer sales at the
event. Identification will be checked to ensure there is no underage sales. They have requested the city waive
the $50 application fee. If the license is granted, a compliance check will be conducted by the police
department on September 11. City Clerk Leone and I recommend approval.
Item 6.6
This item approves a temporary on‐sale liquor license to OMNI Brewing Co. for a customer appreciation
event at TMS Johnson, 2908 Nevada Avenue North, on September 30, 2021. The representative of TMS
Johnson stated the event will involve food trucks and OMNI Brewing. There will not be any live music and
they expect less than 200 attendees. OMNI Brewing has submitted the necessary application, fee and
insurance information. If the license is granted, a compliance check will be conducted by the police
department on September 30. City Clerk Leone and I recommend approval.
Item 8.1
This item approves a resolution authorizing the creation of a Joint Airport Zoning Board (JAZB) to develop
an airport zoning ordinance for the Crystal Airport. The Metropolitan Airports Commission (MAC) intends
to establish a JAZB to develop an airport zoning ordinance that achieves a reasonable level of safety while
considering compatible community development by addressing both land use and height restrictions within
the vicinity of the Crystal Airport, particularly off the runway ends. City staff attended an informational
meeting on July 27. The JAZB may consist of two representatives from the cities of New Hope, Crystal,
Brooklyn Center, Brooklyn Park, and Minneapolis and two representatives from MAC. I discussed city
representation on the JAZB with the Mayor, and staff recommends the appointment of Jeff Sargent and Jeff
Alger as JAZB representatives and Kirk McDonald and Brandon Bell as alternate representatives. MAC
requires the cities who wish to participate to formally adopt a resolution. The first meeting will likely be
convened in September of October of 2021. Director Sargent and I recommend approval of the resolution.
Item 12.1
Mayor Hemken will review upcoming meetings and events.
If you have any questions regarding items in the agenda packet, please call Jeff Sargent or the city
clerk before the meeting so that staff can research any issues and be prepared to respond at the
meeting.
New Hope City Council July 26, 2021
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes July 26, 2021
Regular Meeting City Hall, 7:00 p.m.
CALL TO ORDER The New Hope City Council met in regular session pursuant to due call and notice
thereof; Mayor Hemken called the meeting to order at 7:00 p.m.
PLEDGE OF
ALLEGIANCE
The City Council and all present stood for the Pledge of Allegiance.
ROLL CALL Council present:
Absent:
Staff present:
Kathi Hemken, Mayor
Andy Hoffe, Council Member
Michael Isenberg, Council Member
Jonathan London, Council Member
John Elder, Council Member
Kirk McDonald, City Manager
Dan Boyum, City Engineer
Chris Cazin, Police Sergeant
Tim Hoyt, Director of Police
Rich Johnson, Director of HR/Admin. Services
Beth Kramer, Communications Coordinator
Valerie Leone, City Clerk
Mike TenEyck, Police Sergeant
Scott Slawson, Police Captain
Bernie Weber, Director of Public Works
Stacy Woods, Assistant City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Hoffe, seconded by Council Member
Isenberg, to approve the work session meeting minutes of June 21, 2021. Voted
in favor thereof: Hemken, Hoffe, Isenberg, London; and the following voted
against the same: None; Abstained: None; Absent: Elder. Motion carried.
Motion was made by Council Member Isenberg, seconded by Council Member
Hoffe, to approve the regular meeting minutes of June 28, 2021. Voted in favor
thereof: Hemken, Hoffe, Isenberg, London; and the following voted against the
same: None; Abstained: None; Absent: Elder. Motion carried.
OPEN FORUM
There was no one present desirous of addressing the council.
PRESENTATIONS:
NEW HOPE POLICE
DEPARTMENT OATH
OF OFFICE
Item 5.1
Mayor Hemken introduced for discussion Item 5.1, Oath of Office for Recently
Appointed Police Department Command Staff.
Mr. Kirk McDonald, city manager, stated Tim Hoyt was appointed as Police Chief
on November 9, 2020. He reviewed his education and work experience prior to
New Hope City Council July 26, 2021
Page 2
joining New Hope’s police department in 2006. He stated the city clerk will
administer the oath of office for the police chief and police sergeants. Mr.
McDonald noted the ceremony was delayed due to the COVID‐19 pandemic.
Chief Tim Hoyt stated Mike TenEyck joined the New Hope Police Department in
2008 and was promoted to Sergeant on October 12, 2020. He reviewed the various
roles and responsibilities held by Sgt. TenEyck during his law enforcement career.
Chief Tim Hoyt stated Chris Cazin joined the New Hope Police Department in
2014 and was promoted to Sergeant on November 9, 2020. He reviewed the various
roles and responsibilities held by Sgt. Cazin during his law enforcement career.
City Clerk Leone administered the oath of office to Chief Timothy Hoyt, Sergeant
Michael TenEyck and Sergeant Christopher Cazin. Family, friends and co‐workers
of the three police personnel attended the meeting.
NEW HOPE POLICE
DEPARTMENT 2020
ANNUAL REPORT
Item 5.2
Mayor Hemken introduced for discussion Item 5.2, Presentation of Police
Department’s Annual Report.
Chief Tim Hoyt reviewed highlights of the police department’s 2020 annual report.
Chief Hoyt reviewed the mission and vision statements and department divisions
including investigations, patrol, support services, K‐9, reserves and explorers,
animal control and SWAT. He emphasized that safety of New Hope citizens is the
department’s highest priority. He credited Brandi Hearn for production of the
report.
Chief Hoyt responded to questions from Council including actions to curtail
vehicle thefts, distribution of duties held by the former crime analyst, department
size, impact of COVID‐19, and ability of investigation division to monitor and
solve crimes.
Council thanked Chief Hoyt for the report.
ROTATING VOTES
Please note that votes taken on each agenda item are called by the secretary on a
rotating basis; however, the written minutes always list the mayor’s name first
followed by the council members’ in alphabetical order.
CONSENT AGENDA Mayor Hemken introduced the consent items as listed for consideration and stated
that all items will be enacted by one motion unless requested that an item be
removed for discussion. Mr. Kirk McDonald, city manager, reviewed the consent
items.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through July 26, 2021.
MOTION
Item 6.4
Motion waiving permit fees for temporary signs for New Hope Lions Pancake
Breakfast on September 19, 2021.
New Hope City Council July 26, 2021
Page 3
RESOLUTION 2021‐75
Item 6.5
Resolution approving final payment request to Flagship Recreation for Corner
Park playground project in the amount of $36,772.93 (Improvement Project No.
1055).
MOTION
Consent Items
Motion was made by Council Member Isenberg, seconded by Council Member
Hoffe, to approve the Consent items. All present voted in favor. Motion carried.
CHANGE ORDER
NO. 1
(IMPROVEMENT
PROJECT NO. 1039)
Item 8.1
Mayor Hemken introduced for discussion Item 8.1, Resolution approving Change
Order No. 1 for $15,635.68 with Rochon Corporation for the phase 1 improvements
at the Public Works Facility (Improvement Project No. 1039).
Mr. Dan Boyum, city engineer, stated the city awarded the project for phase 1
improvements at the Public Works Facility to Rochon Corporation on May 24,
2021. He explained the change order includes $12,690.68 for relocating the air dryer
system to the compressor room (and temporary compressor/water heater
relocation), connecting the floor sink/drain inside to prevent ice conditions during
winter months; $5,145 for concrete aprons at vehicle entrances which were not
planned for replacement; and a credit of $2,200 related to a concrete slab that no
longer needs removal as part of the trench grate. He stated the total change order
is $15,635.68 that increases the original contract of $2,316,000 to $2,331,635.68.
There are adequate funds in the public works facility capital fund to pay for the
change order. He stated the project will be completed this fall.
Mr. Kirk McDonald, city manager, advised Council that the public works facility
will be included in the tour of projects scheduled for September 9, 2021.
RESOLUTION 2021‐76
Item 8.1
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR
$15,635.68 WITH ROCHON CORPORATION FOR THE PHASE 1
IMPROVEMENTS AT THE PUBLIC WORKS FACILITY (IMPROVEMENT
PROJECT NO. 1039).” The motion for the adoption of the foregoing resolution
was seconded by Council Member Hoffe, and upon vote being taken thereon, the
following voted in favor thereof: Hemken, Hoffe, Isenberg, London; and the
following voted against the same: None; Abstained: None; Absent: Elder;
whereupon the resolution was declared duly passed and adopted, signed by the
mayor which was attested to by the city clerk.
FINAL PAYMENT
(IMPROVEMENT
PROJECT NO. 1027)
Item 8.2
Mayor Hemken introduced for discussion Item 8.2, Resolution approving final
payment of $21,068.91 to G.F. Jedlicki, Inc. for the 2020 Winnetka Watermain
Replacement Project (Improvement Project No. 1027).
Mr. Dan Boyum, city engineer, stated on February 10, 2020, the city awarded a
contract to G.F. Jedlicki, Inc. for $339,906. A change order of $13,818.61 was
awarded in May of 2020 due to additional costs associated with COVID‐19
(plumber assistance for home and business connections) resulting in a revised
construction amount of $353,724.61. The final construction amount was
$421,378.12 or $67,653.51 over the revised contract amount. The overrun was
primarily in sidewalk and pavement removal and replacement quantity items as a
result of larger boring and retrieval pits, utilities not being located as shown on
record plans, condition of existing pavement and sidewalk, trench safety, and spot
New Hope City Council July 26, 2021
Page 4
checks on gas main crossings. The overages in quantities were discussed with
Council in May of 2020. He explained the watermain replacement process
involving a trenchless method that is less expensive than the open cut method. He
stated the existing watermain was pipe burst that involves demolishing the pipe
in place by boring through the pipe. He stated the 2020 CIP budget for water utility
improvements was $400,000, and the water fund has adequate funds to pay for the
$67,653 in overages. Also, the city was reimbursed $7,470 from Crystal, $6,860 from
Golden Valley, and $6,701 from CenterPoint Energy for construction‐related costs
on the project.
Mr. Boyum illustrated the area on Winnetka Avenue north of 27th Avenue where
the county planned to install new pedestrian ramps and a wider median in
conjunction with the CenterPoint Energy gas main work and mill and overlay
project. He stated the center median was not removed so the improvements were
not completed in 2020. He stated the county performed a pedestrian study of the
Terra Linda crosswalk from June 13‐17, 2018, that showed a peak hour crossing of
seven pedestrians. The county requires 20 pedestrians in an hour to warrant a
crosswalk enhancement (striping). He noted the county is willing to perform
another pedestrian study. Mr. Boyum noted city staff is exploring whether the city
can stripe the crosswalk on a county roadway.
Council Member London inquired whether staff is aware of the reasoning behind
the original crosswalk placement such as a bus stop. It was noted a safer location
for pedestrian crossing is the nearby intersection of 27th and Winnetka. Mr. Boyum
stated there may have been a bus stop mid‐block in the past and some residents
from the Terra Linda neighborhood requested improvements at the crosswalk.
Council Member London asked why the plan records were incorrect.
Mr. Bernie Weber, director of public works, commented that when a utility conflict
is found during a construction project the contractor make adjustments on site. He
noted sometimes the final plans do not reflect the field change.
Discussion ensued regarding the cost savings of the trenchless method that
eliminates the need for street and sidewalk restoration work.
RESOLUTION 2021‐77
Item 8.2
Council Member London introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING FINAL PAYMENT OF $21,068.91 TO
G.F. JEDLICKI, INC. FOR THE 2020 WINNETKA WATERMAIN
REPLACEMENT PROJECT (IMPROVEMENT PROJECT NO. 1027).” The
motion for the adoption of the foregoing resolution was seconded by Council
Member Hoffe, and upon vote being taken thereon, the following voted in favor
thereof: Hemken, Hoffe, Isenberg, London; and the following voted against the
same: None; Abstained: None; Absent: Elder; whereupon the resolution was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
RESTRICTIONS IN
WATER USAGE
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Resolution establishing
restrictions in water usage.
New Hope City Council July 26, 2021
Page 5
Mr. Kirk McDonald, city manager, stated Council is asked to adopt a resolution
establishing restrictions in water usage. The city of Minneapolis imposed water
usage restrictions on July 21, 2021. The JWC (comprised of the cities of New Hope,
Golden Valley, and Crystal) purchases water from the city of Minneapolis which
draws its water supply from the Mississippi River. The contract with the city of
Minneapolis requires that New Hope enforce the same watering restrictions. The
city will publish notice of the water sprinkling restrictions and also post
information on the city’s website. He indicated staff will continue to coordinate
with Minneapolis and the other JWC cities on the sprinkling restrictions and advise
the Council of any modifications in the future.
Council Member London inquired of the enforcement measures.
Mr. McDonald stated per city code 5‐8 the city issues a warning for a first offense
and a citation for a second violation.
RESOLUTION 2021‐78
Item 10.1
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION ESTABLISHING RESTRICTIONS IN WATER
USAGE.” The motion for the adoption of the foregoing resolution was seconded
by Council Member Hoffe, and upon vote being taken thereon, the following voted
in favor thereof: Hemken, Hoffe, Isenberg, London; and the following voted
against the same: None; Abstained: None; Absent: Elder; whereupon the
resolution was declared duly passed and adopted, signed by the mayor which was
attested to by the city clerk.
EXCHANGE OF
COMMUNICATION
Item 12.1
Mayor Hemken introduced for discussion Item 12.1, Exchange of communication
between members of the City Council.
Mayor Hemken reported on upcoming events.
ADJOURNMENT
Motion was made by Council Member Isenberg, seconded by Council Member
Hoffe, to adjourn the meeting, as there was no further business to come before
the Council. All present voted in favor. Motion carried. The New Hope City
Council adjourned at 7:58 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
G:\City Manager\AGENDA\6.2 R‐Approval of Claims Merge Doc.docx
Request for Action
August 9, 2021
Approved by: Kirk McDonald, City Manager
Originating Department: City Manager
By: Kirk McDonald, City Manager
Agenda Title
Approval of claims through August 9, 2021
Requested Action
Claims for services and commodities purchased through this period are listed on the Check Disbursement
Report
Attachments
Check Disbursement Report
Agenda Section
Consent
Item Number
6.2
I:\RFA\P&R\PARKS\2021\#1068 Maintenance Garages Improvements\Final Payment\6.4 ‐ Q&R Final Pay Request Maintenance Garage Improvements.docx
Request for Action
August 9, 2021
Approved by: Kirk McDonald, City Manager
Originating Department: Parks & Recreation
By: Susan Rader, Director
Agenda Title
Resolution approving final payment request to NMC Exteriors & Remodeling for the replacement of siding,
soffit, fascia and service doors for the maintenance garages at Victory Park and Lighted Fields in the amount
of $10,481.99 (Improvement Project No. 1068)
Requested Action
Staff recommends that the City Council approve a resolution to accept the residing work performed at
Victory Park and Lighted fields (improvement project no. 1068) and authorize final payment to NMC
Exteriors & Remodeling for $10,481.99, bringing the total project cost to $20,759.79. This amount is $204.76
higher than the original quote due to permit fees.
All necessary paperwork has been received from the contractor including an IC 134. Staff recommends
release of the final check.
Background
The Victory Park maintenance garage was built in 1990, with a new roof added in 2009. The Lighted Field
maintenance garage was built in 1994, had a new roof installed in 2009. Each had been painted several times
over the years and both buildings had been in need of new siding, soffit and fascia, and service doors.
The buildings were resided using LP Smartside, which is more resistant to dents. Staff also wanted to make
sure that any graffiti could be painted over versus needing to replace the siding.
The low quote from NMC Exteriors & Remodeling was accepted by the Council on March 8, 2021 and the
project was completed in July.
Funding
Funds are available for this project in the Park Infrastructure Fund, which is levy funded each year.
Attachments
Resolution
Final invoices from NMC Exteriors & Remodeling
Agenda Section
Consent
Item Number
6.4
City of New Hope
Resolution No. 21‐
Resolution approving final payment request to NMC Exteriors & Remodeling
for the replacement of siding, soffit, fascia and service doors for the maintenance garages at
Victory Park and Lighted Fields in the amount of $10,481.99 (Improvement Project No. 1068)
WHEREAS, this project is included in the 2021 CIP and the 2021 Park Infrastructure budget; and
WHEREAS, the city entered into a contract with NMC Exteriors & Remodeling for the replacement of
siding, soffit, fascia and service doors at Victory Park and Lighted Fields; and
WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of
improvement project #1068 and approve final payment to NMC Exteriors & Remodeling in the
amount of $10,481.99; and
WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final
payment be made; and,
WHEREAS, the funding source for the Victory Park and Lighted Fields maintenance garages project is the
Park Infrastructure Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County,
Minnesota:
1. That the City Council accepts the maintenance garages improvement project at Victory Park
and Lighted Fields, improvement project #1068 from NMC Exteriors & Remodeling.
2. That the city manager is hereby directed to authorize the final payment of $10,481.99 to
NMC Exteriors & Remodeling.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota this 9th day of August
2021.
__________ __________________
Mayor
Attest: ________ _________________
City Clerk
I:\RFA\City Manager\2021\Q ‐Temporary liquor House of Hope 8.9.21.docx
Request for Action
August 9, 2021
Approved by: Kirk McDonald, City Manager
Originating Department: Community Development
By: Valerie Leone, City Clerk/Treasurer
Agenda Title
Motion approving temporary on‐sale liquor license on September 11 for House of Hope Lutheran Church at
4800 Boone Avenue North
Requested Action
Staff requests the City Council authorization in accordance with city code 10‐9.
Background
House of Hope Lutheran Church desires to sell beer at its Oktoberfest event on Saturday, September 11, 2021.
The church meets the criteria of MS 340A.404 for a temporary license. The church has requested the city
waive the $50 application fee.
If the license is granted, a compliance check will be conducted by the police department on the day of the
event.
Attachment
Application
Agenda Section
Consent
Item Number
6.5
I:\RFA\City Manager\2021\Q ‐Temporary liquor Omni 8.9.21.docx
Request for Action
August 9, 2021
Approved by: Kirk McDonald, City Manager
Originating Department: Community Development
By: Valerie Leone, City Clerk/Treasurer
Agenda Title
Motion approving temporary on‐sale liquor license on September 30 for OMNI Brewing Co. for event at TMS
Johnson, 2908 Nevada Avenue North
Requested Action
Staff requests the City Council authorization in accordance with city code 10‐9.
Background
TMS Johnson has requested OMNI Brewing to serve beer at their customer appreciation event on Thursday,
September 30, 2021. The brewery meets the criteria of MS 340A.404 for a temporary license. The necessary $50
fee and paperwork has been submitted. A representative of TMS Johnson advised staff that there will not be
any live music and they expect less than 200 attendees.
If the license is granted, a compliance check will be conducted by the police department.
Attachment
Application
Agenda Section
Consent
Item Number
6.6
I:\RFA\COMM DEV\2021\City Council\08‐09‐21 JAZB\8.1 Q ‐ JAZB for Crystal Airport 08‐09‐21.docx
Request for Action
August 9, 2021
Approved by: Kirk McDonald, City Manager
Originating Department: Community Development
By: Jeff Alger, Community Development Specialist;
Jeff Sargent, Director of Community Development
Agenda Title
Resolution authorizing creation of Joint Airport Zoning Board for Crystal Airport
Requested Action
Staff requests that the City Council approve a resolution authorizing the creation of a Joint Airport Zoning
Board (JAZB) to develop an airport zoning ordinance for the Crystal Airport. The Metropolitan Airports
Commission (MAC) will be establishing the JAZB, which will consist of two representatives from each affected
community and two representatives from MAC.
Policy/Past Practice
The city of New Hope has participated in joint airport zoning boards pertaining to the Crystal Airport in the
past.
Background
The MAC intends to establish a JAZB to develop and implement an airport and land use zoning ordinance for
the Crystal Airport. The purpose of the JAZB is to develop an airport zoning ordinance “that achieves a
reasonable level of safety while considering compatible community development by addressing both land use
and height restrictions within the vicinity of the Crystal Airport, particularly off the runway ends.” Staff
attended an informational meeting on July 27, 2021, at Crystal City Hall to learn more about the process for
establishing a JAZB and its responsibilities. The JAZB will consist of two representatives from each affected
community, including the cities of Crystal, Brooklyn Center, Brooklyn Park, Minneapolis, New Hope, and
Robbinsdale. It will also include two representatives from MAC. Cities have the option of not participating,
however, state law allows the JAZB to adopt and require enforcement of an airport zoning ordinance in all
affected communities, regardless of whether or not they participate. The City Manager discussed city
representation on the JAZB with Mayor Hemken and recommends appointing Jeff Sargent, Director of
Community Development, and Jeff Alger, Community Development Specialist, to serve as representatives.
The city’s two alternate representatives would be Kirk McDonald, City Manager, and Brandon Bell,
Community Development Assistant. A resolution has been prepared appointing these individuals to the
JAZB.
Recommendation
Staff recommends that the City Council approve a resolution authorizing the creation of a JAZB to develop
an airport zoning ordinance for the Crystal Airport.
Attachments
Resolution
Metropolitan Airports Commission letter from Lydia Werner (July 28, 2021)
Metropolitan Airports Commission presentation (July 27, 2021)
Agenda Section
Development &
Planning
Item Number
8.1
1
RESOLUTION NO. 2021-
RESOLUTION AUTHORIZING CREATION OF
JOINT AIRPORT ZONING BOARD FOR CRYSTAL AIRPORT
BE IT RESOLVED by the City Council of the City of New Hope as follows:
WHEREAS, The Metropolitan Airports Commission, hereinafter called the Commission,
owns and controls the Crystal Airport; and
WHEREAS, Portions of the airport hazard area adjacent to the airport are located outside
the territorial limits of the City of Crystal and within the territorial limits of the City of New Hope;
and
WHEREAS, The above Commission has requested in writing that the City of New Hope
participate in the creation of a Joint Airport Zoning Board; and
WHEREAS, The City of New Hope deems it necessary and expedient to create a Joint
Airport Zoning Board in cooperation with the above Commission pursuant to Minnesota Statutes
Section 360.063, Subdivision 3, and other applicable laws for the purpose of establishing,
administering and enforcing zoning laws for the areas surrounding the airport and for the
protection of the airport and the public; and
WHEREAS, The above statute provides that the City of New Hope has the right to appoint
two (2) persons to said Board; and
WHEREAS, Subdivision. 3 of Section 32 of the Appropriations Bill passed by the
Minnesota Legislature effective July 1, 1973, provides that no moneys shall be expended by the
Commissioner of Transportation of the State of Minnesota to improve and maintain an airport
unless the governmental unit owning the airport has or is establishing a zoning authority for the
airport.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope
as follows:
1. That there is hereby created in cooperation with the above Commission a Joint Airport
Zoning Board to be composed of representatives of the City of New Hope and
representatives of the above Commission pursuant to Minnesota Statutes Section 360.063,
Subdivision 3.
2. That the City of New Hope hereby appoints Jeff Sargent, Community Development
Director, and Jeff Alger, Community Development Specialist, to be its representatives and
Kirk McDonald, City Manager, and Brandon Bell, Community Development Assistant, to
2
be its alternates on said Board, said persons to serve for an indefinite term until they resign
or are replaced by the City of New Hope.
Dated the 9th day of August, 2021.
____________________________________
Kathi Hemken, Mayor
Attest: ____________________________
Valerie Leone, City Clerk
Metropolitan Airports Commission
6040 28th Avenue South, Minneapolis, MN 55450 . 612-726-8100 . metroairports.org
'^+ -^ -0°^<,,p;019'
July 28, 2021
Kathi Hemken
Mayor
New Hope
4401 Xylon Avenue North
City of New Hope, MN 55428
Dear Mayor Kathi Hemken:
As discussed at the information meeting held on July 27, 2021, the Metropolitan Airports Commission
(MAC) intends to establish a Joint Airport Zoning Board (JAZB) to develop and implement an Airport
Safety and Land Use Zoning Ordinance (Airport Zoning Ordinance) for the Crystal Airport.
Airport Safety and Land Use Zoning is addressed in Minnesota Statute 360.061 to 360.074. Through a
collaborative process, the JAZB will seek to develop an Airport Zoning Ordinance that achieves a
reasonable level of safety while considering compatible community development by addressing both
land use and height restrictions in the vicinity of Crystal Airport, particularly off the runway ends.
The JAZB will consist of two representatives from each affected community and two representatives
from MAC. The communities that will likely be affected by the Airport Zoning Ordinance are Crystal,
Brooklyn Park, Brooklyn Center, New Hope, Robbinsdale, and Minneapolis.
We would like to formally convene the JAZB for its first meeting in September or October 2021.
In order to move forward with this process, MAC requests that you appoint two representatives to
participate in the JAZB. You may also identify up to two individuals as alternate members who can
serve in the event that a primary member is absent. Minnesota law requires an affected municipality to
join the JAZB by adoption of an ordinance or resolution. MnDOT has provided a sample resolution
here:http://www.dot.state.mn.us/aero/planning/documents/formsandexhibits/proceduralsteps2005revisi
onformS.pdf
Please send us your adopted resolution, or let us know if you decide not to join the JAZB. Failure to
respond within 60 days will be taken as your decision to not join the JAZB. Please be advised that state
law allows the JAZB to adopt and require enforcement of an Airport Zoning Ordinance in all affected
communities, regardless of their participation on the JAZB.
If you would like additional information regarding formulation of the JAZB for Crystal Airport, please
contact me at (612) 467-0532 or lydia.werner@mspmac.org.
Sincerely,
I^^^Zr ^ . bL£^J^S^
Lydia I. Werner, CM
Airport Planner, Planning and Development
Minneapolis-St. Paul International . Airiake . Anoka County-Blaine . Crystal . Flying Cloud . Lake Elmo . St. Paul Downtown
7/27/2021
1
Crystal Airport
Joint Airport Zoning Board
Crystal Airport
Joint Airport Zoning Board
July 27, 2021 – Informational MeetingJuly 27, 2021 – Informational Meeting
Agenda
•Opening & Introductions
•Overview of Joint Airport Zoning Board (JAZB) Purpose & Role
•JAZB Membership
•Elements of an Airport Zoning Ordinance
•Steps to Prepare & Adopt an Airport Zoning Ordinance
•Organizational Logistics
•Next Steps
1
2
7/27/2021
2
Agenda
•Opening & Introductions
•Overview of Joint Airport Zoning Board (JAZB) Purpose & Role
•JAZB Membership
•Elements of an Airport Zoning Ordinance
•Steps to Prepare & Adopt an Airport Zoning Ordinance
•Organizational Logistics
•Next Steps
Agenda
•Opening & Introductions
•Overview of Joint Airport Zoning Board (JAZB) Purpose & Role
•JAZB Membership
•Elements of an Airport Zoning Ordinance
•Steps to Prepare & Adopt an Airport Zoning Ordinance
•Organizational Logistics
•Next Steps
3
4
7/27/2021
3
Overview of JAZB Purpose & Role
•Purpose:Through a collaborative process, the JAZB seeks to develop
an airport zoning ordinance that achieves a reasonable level of safety
while considering compatible community development and the social
and economic costs of restricting land uses.
•Role:The JAZB considers the requirements of Minnesota Statutes in
developing airport zoning regulations, provides opportunity for public
input, submits the proposed regulations to MnDOT for approval,
adopts the final regulations, and transmits the regulations to affected
municipalities for incorporation into local zoning codes.
•Goals:Specific goals for the Crystal Airport JAZB will be discussed at
the first formal meeting.
Agenda
•Opening & Introductions
•Overview of Joint Airport Zoning Board (JAZB) Purpose & Role
•JAZB Membership
•Elements of an Airport Zoning Ordinance
•Steps to Prepare & Adopt an Airport Zoning Ordinance
•Organizational Logistics
•Next Steps
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6
7/27/2021
4
JAZB Membership
•JAZB membership requirements are
established by Minnesota State Statutes
§360.063, Subd. 3(2)(b)
•“A joint board shall have as members two
representatives appointed by the municipality
owning or controlling the airport and two from
the county or municipality, or in case more
than one county or municipality is involved,
two from each county or municipality, in which
the airport hazard area is located, and in
addition a chair is elected by a majority of the
members so appointed. All members shall
serve at the pleasure of their respective
appointing authority.”
•For Crystal Airport, these members include
Crystal, Brooklyn Park, Brooklyn Center,
New Hope, Minneapolis, Robbinsdale, and
the Metropolitan Airports Commission.
JAZB Membership
•Required timeframe for constituent
municipalities to join in creating a
JAZB are established in Minnesota
State Statutes §360.063, Subd. 3(2)(c)
•“If a county or municipality, within 60
days of receiving a request from an
owning or controlling municipality…fails
to join in creating a joint airport zoning
board, the owning or controlling
municipality, or a joint airport zoning
board created without participation by
the subdivisions which fail to join the
board, may itself adopt, administer, and
enforce airport zoning regulations for
the airport hazard area in question.”
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8
7/27/2021
5
JAZB Membership
•The Chair must be someone “in
addition” to the Board, i.e., not
one of the members or alternates
appointed by the municipalities or
the Metropolitan Airports
Commission.
•The Chair must be elected by a
majority of the Board Members, i.e.,
not a quorum of the majority or a
lesser number.
•No other criteria are stated.
•Nominations/Voting will take place
at the first formal JAZB meeting.
Agenda
•Opening & Introductions
•Overview of Joint Airport Zoning Board (JAZB) Purpose & Role
•JAZB Membership
•Elements of an Airport Zoning Ordinance
•Steps to Prepare & Adopt an Airport Zoning Ordinance
•Organizational Logistics
•Next Steps
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10
7/27/2021
6
Elements of an Airport
Zoning Ordinance
•The Minnesota State Legislature
revised its zoning statute in
2019.
•The MAC completed
improvements at the airport in
2020, which:
•Lengthened the main runway
•Converted the parallel runway to
a parallel taxiway
•Shortened the turf runway
Elements of an Airport
Zoning Ordinance
•Two separate elements
•Land use restrictions
•Structure/object height restrictions
•Existing Safety Zones A, B, and C
were adopted by the JAZB in 1983.
•Under the 1983 ordinance:
•Land uses are restricted out to 6,200
feet from each runway end (extent of
Safety Zone C).
•Numerous residential lots are
exempted from land use zoning
restrictions as “Existing Residential
Neighborhoods”.
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12
7/27/2021
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Elements of an Airport
Zoning Ordinance
•Structure/object height zoning
restrictions are typically based
on Federal Aviation Regulations
(FAR) Part 77 airspace surfaces.
•Under the 1983 ordinance,
airspace obstruction zoning
restrictions apply:
•Up to 1 ½ miles beyond the
perimeter of Airport boundary, and
•In the approach zone up to 10,200
feet beyond the perimeter of the
Airport boundary.
Agenda
•Opening & Introductions
•Overview of Joint Airport Zoning Board (JAZB) Purpose & Role
•JAZB Membership
•Elements of an Airport Zoning Ordinance
•Steps to Prepare & Adopt an Airport Zoning Ordinance
•Organizational Logistics
•Next Steps
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7/27/2021
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Steps to Prepare & Adopt an Airport Zoning Ordinance
Preliminary Informational Meeting
with JAZB Constituent Municipalities
(TODAY)
JAZB Meeting
1. Introductions
2. Select JAZB Chair
3. Establish goals
4. Establish meeting dates
JAZB Meeting
1. Overview of law & process
2. Overview of State Model Ordinance
3. Determine preferred zoning method
(Standard vs Custom)
4. Establish parameters for custom
zoning factors analysis (if necessary)
JAZB Meeting(s) (if necessary)
1. Present custom zoning factors
analysis
2. Board member input on custom
zoning factors analysis
3. Discuss proposed ordinance outline
JAZB Meeting
1. Present draft zoning ordinance/map
2. Approve draft zoning ordinance/map
for Public Hearing #1
Public Hearing #1
JAZB Meeting
1. Review public hearing comments &
responses
2. Approve draft zoning ordinance/map
submittal to MnDOT
JAZB Meeting
1. Review MnDOT comments (if any)
2. Discuss changes in response to
MnDOT comments (if necessary)
3. Approve revised ordinance/map
submittal to MnDOT (if necessary)
4. Adopt zoning ordinance/map (if
possible)
JAZB Meeting (if necessary)
1. Review MnDOT final approval of
zoning ordinance/map
2. Approve final draft zoning
ordinance/map for Public Hearing #2
Public Hearing #2
(if necessary)
JAZB Meeting (if necessary)
1. Review public hearing comments &
responses
2. Adopt zoning ordinance/map
Integration/Adoption of
Airport Zoning Ordinance/Map
by Constituent Municipalities
Agenda
•Opening & Introductions
•Overview of Joint Airport Zoning Board (JAZB) Purpose & Role
•JAZB Membership
•Elements of an Airport Zoning Ordinance
•Steps to Prepare & Adopt an Airport Zoning Ordinance
•Organizational Logistics
•Next Steps
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7/27/2021
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Organizational Logistics
•Meeting location
•Meeting day/time
•Formal letter contact information
•Communications
•Agenda posted one week before
meeting
•Relevant materials posted to JAZB
page on MAC website
•Other items
Agenda
•Opening & Introductions
•Overview of Joint Airport Zoning Board (JAZB) Purpose & Role
•JAZB Membership
•Elements of an Airport Zoning Ordinance
•Steps to Prepare & Adopt an Airport Zoning Ordinance
•Organizational Logistics
•Next Steps
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7/27/2021
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Next Steps
•MAC will request by letter that constituent municipalities join in creation of the
JAZB by resolution within 60 days, per Minnesota Statute §360.063, Subd. 3(2)(c)
•Example resolutions are available on the MnDOT Office of Aeronautics website
•https://www.dot.state.mn.us/aero/planning/forms-and-exhibits.html
Preliminary Informational
Meeting with JAZB
Constituent Municipalities
(TODAY)
August/September 2021
Constituent Municipalities
nominate JAZB members
September/October 2021
JAZB Meeting 1
1. Introductions
2. Select JAZB Chair
3. Establish goals
4. Establish meeting dates
October/November 2021
JAZB Meeting 2
1. Overview of law & process
2. Determine preferred
zoning method
Early 2022
JAZB Meeting 3
Agenda TBD
19
S:\August 9, 2021 Council Meeting\12.1 Q ‐ Upcoming Events.docx
Request for Action
August 9, 2021
Approved by: Kirk McDonald, City Manager
Originating Department: City Manager
By: Kirk McDonald, City Manager
Agenda Title
Exchange of communication between members of the city council
Upcoming meetings and events:
Aug. 10 Safety Camp
7:30 a.m. – District 281 Government Advisory Commission Meeting
Aug. 11 Safety Camp
7 p.m. – Music in the Park at New Hope Performance Center, “Blue Groove”, sponsored
by Affinity Plus Federal Credit Union
Aug. 12 12:30 p.m. – Shingle Creek Watershed Management Commission
Safety Camp / 5 p.m. – Safety Camp Graduation Event
Aug. 14 9 a.m. to 1 p.m. – New Hope Community Farmers Market
Aug. 16 6/6:30 p.m. – City Council Work Session
Aug. 19 8:30 a.m. – Bassett Creek Watershed Management Commission
Approximately 8:30 p.m. – Outdoor Movie in the Park at New Hope Performance
Center, “Black Panther”, sponsored by the New Hope Lions
Aug. 21 9 a.m. to 1 p.m. – New Hope Community Farmers Market
Aug. 23 7 p.m. – City Council Meeting
Agenda Section
Other Business
Item Number
12.1