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011320 City Council Meeting Packet NEW HOPE CITY COUNCIL MEETING AGENDA January 13, 2020 7:00 p.m. City Hall – Council Chambers 4401 Xylon Avenue North Mayor Kathi Hemken Council Member John Elder Council Member Cedrick Frazier Council Member Andy Hoffe 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 2019 CITY COUNCIL MEETING City Hall, 4401 Xylon Avenue North Monday, January 13, 2020 7:00 p.m. Regular Session 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – January 13, 2020 2. ROLL CALL 3. APPROVAL OF MINUTES:  Special Work Session Minutes – December 2, 2019  Regular Meeting Minutes – December 9, 2019  Work Session Meeting Minutes – December 16, 2019  Executive Session Meeting Minutes – December 16, 2019  Work Session Meeting Minutes – January 6, 2020  Executive Session Meeting Minutes – January 6, 2020 4. OPEN FORUM 5. PRESENTATIONS 6. CONSENT BUSINESS 6.1 Approval of business licenses 6.2 Approval of financial claims through January 13, 2020 6.4 Resolution appointing city attorney 6.5 Resolution appointing Dan Boyum of Stantec Consulting Services Inc. as city engineer for sewer, water, street, and storm sewer projects and general work 6.6 Resolution appointing New Hope – Golden Valley Sun Post as official newspaper for city of New Hope 6.7 Resolution designating Wells Fargo as depository for payroll account and general or special funds of the city of New Hope 6.8 Resolution designating depositories for funds of the city of New Hope relative to investments 6.9 Resolution appointing city manager as director to the HRG Board for a term expiring December 31, 2020 6.10 Appointment of assistant weed inspector for 2020 6.11 Approval of April 2, 2020, as date for local Board of Appeal and Equalization Meeting 6.12 Resolution ordering published notice and scheduling public hearing to approve the projected use of funds for the 2020 Urban Hennepin County Community Development Block Grant Program 6.13 Resolution approving final payment to Pearson Brothers in the amount $13,978.58 for the 2019 Crack Repair and Seal Coat Project (Improvement Project No. 1031) 6.14 Resolution ratifying the 2020-2022 labor agreement with Law Enforcement Labor Services (LELS) Local #77 6.15 Resolution ratifying the 2020-2022 labor agreement with Law Enforcement Labor Services (LELS) Local #273 6.16 Resolution approving Change Order No. 6 in the amount of $4,827.35 with Donlar Construction Company for the pool construction project (Improvement Project No. 995) 7. PUBLIC HEARING 8. DEVELOPMENT AND PLANNING 8.1 Motion to authorize preparation of plans and specifications for playground improvements at Begin Park (Improvement Project No. 1040) 9. PETITIONS AND REQUESTS 10. ORDINANCES AND RESOLUTIONS 10.1 Resolution appointing a council member as mayor pro tem for 2020 10.2 Ordinance No. 20-05, an ordinance amending chapter 3, building and sign regulations, of the new hope city code by adding a new section 3-35 relating to the sale of affordable rental housing and establishing notice and relocation assistance requirements for new owners 11. UNFINISHED AND ORGANIZATIONAL BUSINESS 11.1 Motion approving city manager goals for 2020 11.2 Resolution approving tenth amendment to city manager employment agreement 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: January 9, 2020 Subject: Agenda Items for Monday, January 13, 2020 Many of the items on this agenda are routine first-of-the-year appointments. Open Forum We are not aware of anyone who intends to address Council for the open forum. Items 6.1, 6.2, and 6.3 Item 6.1 – approves business licenses. All paperwork and fees have been submitted. Item 6.2 - involves routine financial claims. Item 6.3 – there are no new liability claims to report. Item 6.4 The city utilizes the consulting firm of Jensen Sondrall Persellin & Woods for legal services. This item re-appoints Steven Sondrall as city attorney. He is not increasing rates for 2020. It should be noted that the city attorney does not charge for attending council meetings and has been attending work sessions since 2012 when requested by the city manager at no additional charge. I recommend re-appointment. Item 6.5 This item approves the re-appointment of Dan Boyum of Stantec Consulting Services as city engineer for 2020. The proposed rate schedule for 2020 reflects no increase to the engineer’s rate and an average increase of 3 percent for other Stantec team member rates. Stantec does not charge the city for the city engineer’s attendance at council meetings and charges a flat fee of $100 for attendance work sessions (instead of an hourly fee). I support the re-appointment. Items 6.6, 6.7, 6.8, 6.9 and 6.10 The first three items deal with annual appointments of the city’s local newspaper and financial institutions. The Sun Post’s publication rate is not increasing for 2020. Staff and AEM are recommending the same financial institutions for 2020. Item 6.9 re-appoints me to the HRG Board for 2020. Item 6.10 appoints the city forester as the city’s assistant weed inspector (by law, the official weed inspector is the Mayor). I recommend approval of the appointments.  Page 2 Item 6.11 The city is asked to set its 2020 date for the local board of appeal and equalization meeting. The hearing must be held between April 1 and May 31. Staff recommends Thursday, April 2, as the initial date and April 13 (6:30 pm prior to a regularly scheduled council meeting) as the reconvened meeting date. Item 6.12 This resolution sets a public hearing for February 10 for allocation of the 2020 CDBG funds. The city’s 2020 allocation has not yet been set but staff anticipates the amount will be approximately $100,000 which is similar to past years. The purpose of the public hearing is to consider how the CDBG funds should be allocated. Director Sargent and I recommend scheduling the public hearing on February 10. Item 6.13 This item approves final payment to Pearson Brothers for $13,978.58 for the 2019 crack repair and seal coat project. The CIP allocated $460,646 for the 2019 seal coat project. Favorable bids were received and the original contract amount was $272,391.38. The final construction amount is $279,571.45 which is an overage of $7,180.07 due to more crack fill material needed in the industrial area near public works than was originally estimated and due to additional striping removal that was requested by staff. Director Weber, city engineer Boyum, and I recommend approval. Item 6.14 This item relates to a labor agreement for years 2020-22 for the LELS Local #77 for police officers. Staff shared the details of the proposed terms at closed sessions on December 16 and January 6. Director Johnson, Director Fournier and I recommend approval. Item 6.15 This item ratifies the 2020-22 labor agreement with LELS Local #273 for police supervisors. The terms of the contract were shared with Council during a closed session on January 6, and Council supported the agreement. At the publication of the packet, the membership had not yet voted on the proposed contract, but it is anticipated they will do so prior to the Council meeting. Director Johnson, Director Fournier and I recommend approval. Item 6.16 This item approves change order no. 6 with Donlar Construction Company for the pool construction project. The change order is $4,827.35. Council was advised of the change order items as the December work session. The change order is comprised of five items (concrete footings for umbrellas, damper access panel, network control cabinet, tree stump removal, and delete handholes and data raceway). Some of the items are credits which offset expenses. The change order increases the contract from $11,413,022 to $11,417,849.35. The remaining construction contingency after this change order is approximately $167,900. Director Rader and I recommend approval. Item 8.1 Begin Park is located at 5407 Wisconsin Avenue North, and the equipment was last replaced in 1996. Playground improvements are included in the 2020 CIP. Staff is requesting the Council authorize the  Page 3 city engineer to prepare plans and specifications for a playground project. The neighborhood will be involved similar to other past park projects. Following the neighborhood committee meetings, the preferred design will be brought forward for Council approval. Funding of $200,000 is available in the Park Infrastructure Fund. Director Rader and I recommend approval. Items 10.1 This resolution names the mayor pro tem for the year. This position is usually rotated among council members and it is Council Member Frazier’s turn in 2020. The Council discussed this matter at the November work session. The mayor has discussed the position with Council Member Frazier and he is agreeable to serve. The Council should consider nominations and pass a motion appointing a council member to the role of mayor pro tem for 2020. Item 10.2 This item approves an ordinance establishing requirements for the sale of affordable rental housing buildings and establishing notice and relocation assistance requirements for new rental housing owners. Council reviewed the proposed ordinance at its work session of December 16 and expressed support. If the ordinance is adopted, staff will notify attendees of property manager’s meetings and new owners of multi-tenant buildings through the point of sale process. Director Sargent and I recommend approval. Item 11.1 Establishing a list of goals on an annual basis is required by the city manager’s employment agreement. At the December 16 work session the Council was provided the city manager’s 2020 goals and minor revisions were made. If Council supports the goals, a motion should be passed to approve them. Of course, modifications can still be made if so desired by Council. Item 11.2 The city manager’s performance review was conducted at the December 16, 2019, work session. The city attorney has prepared a resolution and tenth amendment to the city manager’s employment agreement to reflect the action requested by Council including a market rate salary adjustment. Item 12.1 Mayor Hemken will review the list of upcoming events/meetings. If you have any questions regarding items in the agenda packet, I would appreciate a call before the meeting so that I can research any issues and be prepared to respond at the meeting. City Council Work Session December 2, 2019 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes Special Work Session Meeting December 2, 2019 Northwood Conference Room CALL TO ORDER The New Hope City Council met in special work session pursuant to due call and notice thereof; Mayor Hemken called the meeting to order at 7:43 p.m. ROLL CALL Council present: Council absent: Kathi Hemken, Mayor Cedrick Frazier, Council Member Andy Hoffe, Council Member Jonathan London, Council Member John Elder, Council Member Staff present: Kirk McDonald, City Manager Dan Boyum, City Engineer Vicki Holthaus, AEM Valerie Leone, City Clerk Susan Rader, Director of Parks & Recreation Stacy Woods, Assistant City Attorney Also present: Mark Hanson, Stantec POOL SCHEDULE (IMPROVEMENT PROJECT NO. 995) Item 11.1 Mayor Hemken introduced for discussion item 11.1, Discuss the pool project schedule (Improvement Project No. 995). Ms. Susan Rader, director of parks and recreation, reviewed the staff report and explained since the start of the pool and park projects, the City Council has been receiving monthly updates, which have included change order and schedule information. She stated at the November 18, 2019 work session, the update included information regarding the October 25, 2019 letter from Donlar Construction retaining their right to submit a claim for delays experienced earlier in the year. The information included estimate d costs of $235,959 and a time-extension request. In order to give staff and the city engineer time to gather additional information, including costs for additional winter work, the City Council agreed to hold the special work session tonight to more fully discuss the schedule of the pool project and associated costs. Ms. Rader stated due to rainfall above average as documented by the contractor and delays due to Xcel Energy’s timeline, the contractor had identified additional costs for labor, material, and equipment to prepare the site for construction and to complete the project work. The contractor’s request also included an extension of the completion date by 30 days to July 3, 2020. The city engineer and construction staff reviewed the information provided by Donlar and met with city staff and the city attorney to discuss the information provided by Donlar. City Council Work Session December 2, 2019 Page 2 A meeting was held with Donlar on November 12, 2019 to discuss the letter and options to keep construction moving forward at a rate that would meet the original completion date. The city engineer and staff requested pricing information for winter condition work. Donlar’s original schedule had included winter work in the buildings; however, the expectation was that the site pipe work and cement wo rk would be completed in the fall. The winter condition costs were received, and Stantec staff has reviewed the information and discussed with city staff and the city attorney. A follow-up discussion was held with Donlar on November 26, 2019. Due to the critical timing, staff would like to focus the discussion on the winter conditions costs and get feedback from the Council on whether additional dollars should be allocated to keep outdoor components of the project moving forward during the winter. In staff’s opinion, it is important for the pool to open the first part of June, per the original schedule, so that the hiring of seasonal pool staff and revenue (pool pass sales, daily admissions, swim lesson registrations and swim team rentals) are not negatively impacted. Ms. Rader stated if Council supports the proposed winter construction to keep the project moving forward, a change order would be placed on the December 9, 2019 . Ms. Rader explained that Stantec and city staff will continue to work with Donla r regarding the October 25 letter and the costs associated with the delays due to rain and Xcel. Donlar representatives have indicated that while the costs associated with the delays are important, they agree that it does not need to be resolved right now and the focus should be on the winter schedule costs. Ms. Rader stated she has discussed available funding options with Vicki Holthaus, Abdo Eick & Meyers if Council chooses to move forward with the winter construction. She stated the winter construction costs are estimated at $253,284 and future delay claims could total $188,541 for a total of $441,825. Mr. Rader explained that the meetings with Donlar Construction have been very cordial and staff has been pleased with the contractor’s performance to date. She emphasized the importance on making a determination regarding whether to expend additional funds of $253,284 for winter construction in order to improve the probability that the pool can open on schedule (June 2020). She reiterated that a delay of the completion date would impact revenue, staffing, swim lesson registrations, and swim team rentals. Council discussed the estimated revenue loss ($127,000 for concessions and $280,000 for season pool passes) if the pool does not open on schedule. Mr. Dan Boyum, city engineer, reviewed the spreadsheet illustrating the costs for winter construction (temporary shelter material and labor, concrete winter construction, heating, and labor inefficiencies) for a total of $253,283.99. He stated the costs are reasonable and Stantec recommends approving the change order as a lump sum. He pointed out that Donlar will be required to warranty the work and they strive for a quality project. Mayor Hemken inquired of the project contingency funds. Mr. Kirk McDonald, city manager, stated there is $258,000 in the contingency funds but there will likely be other change order costs. He stated AEM recommends the use of temporary financing to cover the additional cost of winter construction. City Council Work Session December 2, 2019 Page 3 Ms. Rader commented that the construction fund continues to earn interest on the bonding funds that can be used to increase the contingency fund. Discussion ensued regarding whether Donlar Construction’s previous correspondence was a formal claim. Council was advised the communication protects their right to file a claim. Council Member London indicated the contractor entered into a contract with the city and should be held accountable to complete the work on time. He pointed out the daily tasks were completed per the field logs. Mr. Boyum explained that staff is trying to be proactive and ensure the project is completed on time. Director Rader stated if the cement for the vortex pool is poured before spring, it will increase the likelihood that the project will be completed by June 5, 2020. Mr. Mark Hanson, Stantec, explained the written letter submitted by Donlar puts them in a position to file a claim. He stated the plan was to move the transformer in August but Xcel did not complete this until October. He stated Donlar is requesting $253,000 to cover winter construction for three months. Mr. Hanson pointed out that staff has advised Donlar of the city’s disagreement regarding rain-delay costs. Director Rader stated another option is to make a decision not to open the pool in 2020. Mr. McDonald reported that hiring is underway for the new full -time recreation facilities/pool supervisor. Council Member London questioned the possibility of opening only part of the complex (the 50-meter pool). Director Rader indicated it would not be ideal due to construction debris and construction noise. She also pointed out the concessions area would be inaccessible. Council discussed the impact if the pool did not open in 2020. Ms. Holthaus stated it would be a net loss of approximately $2 0,000. Director Rader stated there are other costs such as a portion of wages for salaried positions and energy costs as well. Discussion ensued regarding liquidated damages, mediation, and litigation costs. Mr. Kirk McDonald, city manager, recommended moving forward with the proposed winter construction and continuing to work with Donlar to negotiate the costs associated with the delays due to rain and Xcel Energy. Mayor Hemken polled the Council on support of approving winter construction costs. Council Members Frazier, Hoffe, and London did not desire to approve winter construction costs. Mayor Hemken expressed support. Mayor Hemken stated it appears the pool schedule will be impacted for the 2020 season. Staff thanked Council for considering the request. ADJOURNMENT The meeting was adjourned at 8:35 p.m. as there was no further business to come before the Council at its work session. City Council Work Session December 2, 2019 Page 4 Respectfully submitted, Valerie Leone, City Clerk New Hope City Council December 9, 2019 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes December 9, 2019 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: Staff present: Kathi Hemken, Mayor John Elder, Council Member Cedrick Frazier, Council Member Andy Hoffe, Council Member Jonathan London, Council Member Kirk McDonald, City Manager Keith Beise, Communications Coordinator Tim Fournier, Director of Police Rich Johnson, Director of HR/Admin. Services Valerie Leone, City Clerk Susan Rader, Director of Parks & Recreation Jeff Sargent, Director of Community Development Steve Sondrall, City Attorney Stacy Woods, Assistant City Attorney APPROVAL OF MINUTES Motion was made by Council Member Hoffe, seconded by Council Member Frazier, to approve the work session minutes of November 18, 2019. Voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: Elder; Absent: None. Motion carried. Motion was made by Council Member Hoffe, seconded by Council Member Frazier, to approve the regular meeting minutes of November 25, 2019. Voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: Elder; Absent: None. Motion carried. Motion was made by Council Member Hoffe, seconded by Council Member Frazier, to approve the special session minutes of December 2, 2019. Voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: Elder; Absent: None. Motion carried. OPEN FORUM There was no one present desirous of addressing the council. PRESENTATIONS: 2019 NEW HOPE IN FOCUS AWARDS Mayor Hemken introduced for discussion Item 5.1, Presentation of the 2019 New Hope In Focus awards. New Hope City Council December 9, 2019 Page 2 Item 5.1 Mr. Keith Beise, communications coordinator, shared with Council the purpose of the photo contest, in its tenth year, which is to inspire civic pride and motivate those who live and work in New Hope to explore and take photos of their city. Mr. Beise apprised the Council of the guidelines for participating in the contest, and that there were 28 participants with 49 photographs. He stated five judges from the community with extensive knowledge of photography and visual communication came together to evaluate each photograph. Each judge awarded a score based on the following criteria: subject matter, composition, clarity, lighting, effective artistic touch, difficulty of photo, and overall impact. He also reported that community members were invited to vote for their favorite photograph in the “People’s Choice Award” category. Mr. Beise recognized the contest winners and presented the awards to the following photographers: Richard Isenhart, Dack Nehring, Teri Burkstrand, Mallory Stewart, Aaron French, and Evelyn Neese. Council thanked photo contestants and the judge panel for their participation. 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. Consent item 6.1, Approval of business licenses was removed for discussion. FINANCIAL CLAIMS Item 6.2 Approval of financial claims through December 9, 2019. RESOLUTION 2019-122 Item 6.4 Resolution approving re-appointments to Citizen Advisory Commission, Human Rights Commission, Personnel Board, and Planning Commission. RESOLUTION 2019-123 Item 6.5 Resolution re-appointing city manager as New Hope’s representative on the "Golden Valley/Crystal/New Hope Joint Water Commission" for a three -year term ending December 31, 2022. RESOLUTION 2019-124 Item 6.6 Resolution approving agreement with Reach for Resources, Inc. for provision of therapeutic recreational inclusion services for persons with developmental disabilities for 2020 for $4,317.66. RESOLUTION 2019-125 Item 6.7 Resolution approving final pay request to Custom Builders, Inc. for the construction of the skatepark at Civic Center Park (Improvement Project No. 941). RESOLUTION 2019-126 Item 6.8 Resolution approving final pay request to Midwest Asphalt Services for playground site work at Sunnyside Park (Improvement Project No. 1012) and for basketball court replacements at Sunnyside Park and Begin Park (Improvement Project No. 1013). New Hope City Council December 9, 2019 Page 3 MOTION Item 6.9 Motion accepting donations from the West Metro Fire-Rescue District Relief Association for the New Hope Crime Prevention Fund and the 2020 Safety Camp . MOTION Consent Items Motion was made by Council Member Elder, seconded by Council Member Hoffe, to approve the Consent items. All present voted in favor. Motion carried. CONSENT AGENDA ITEM REMOVED FOR DISCUSSION Mayor Hemken introduced for discussion Item 6.1, Approval of business licenses. Council Member London expressed hesitation in approving the business license for Family Dollar at 8001 Bass Lake Road. He stated the property has been under construction all summer and there are numerous safety and refuse issues (insufficient parking lot lighting, trash in parking lot, and water/sump pump issue). He questioned whether Family Dollar owns the property. Mr. Jeff Sargent, director of community development, stated Family Dollar is a tenant of the building. He stated a building permit for the exterior of the building (windows, siding, doors) was issued to the owner with the understanding that New Hope Liquor would be moving into the site at a later date. He stated additional time is allowed when construction is progressing. He indicated the final stucco application cannot be installed in winter months. Mayor Hemken asked staff to have an inspector review the situation. Mr. Steve Sondrall, city attorney, stated the city does not know the lease arrangements between the property owner and tenant. He stated the maintenance issues may be the responsibility of the owner or the tenant and it would be best to address the issue through property maintenance channels rather than delaying a business license for tobacco sales. MOTION Item 6.1 Motion was made by Council Member Elder, seconded by Council Member Frazier, to approve the business licenses. All present voted in favor. Motion carried. PUBLIC HEARING 2020 LIQUOR LICENSE RENEWALS Item 7.1 Mayor Hemken introduced for discussion Item 7.1, Motion approving liquor license renewals for year 2020. Mr. Kirk McDonald, city manager, stated staff recommends the Council consider liquor license renewals for establishments with on-sale, off-sale, and malt liquor licenses. Mr. McDonald indicated the license holders have furnished the necessary renewal applications for the 2020 license period to the city clerk. He stated the director of police supports renewal of the licenses, provided a summary of incidents over the past year, and is available to answer any questions. He noted the license holders are not required to attend the public hearing. He reviewed the various licenses and liquor establishments requesting renewal: On-Sale Restaurant (fee $6,200) Applebee’s, 4203 Winnetka Avenue North New Hope City Council December 9, 2019 Page 4 Cinema Grill, 2749 Winnetka Avenue North Frankie’s Pizza, 3566 Winnetka Avenue North Hy-Vee Market Grille, 8200 42nd Avenue North New Hope Golf Course, 8130 Bass Lake Road Pub 42, 7600 42nd Avenue North On-Sale Bowling Center (fee $6,200) New Hope Bowl, 7107 42nd Avenue North Off-Sale (fee $380) Hy-Vee Wine & Spirits, 8202 42nd Avenue North New Hope Liquor, 7910 Bass Lake Road Viking Liquor Wine & Tobacco, 7141 42nd Avenue North Winnetka Liquors, 3544 Winnetka Avenue North Mr. McDonald stated El Neuvo Nayarita at 7112 Bass Lake Road is not requesting renewal of their on-sale license. He also reported that Coborn’s Delivers at 3440 Winpark Drive closed earlier this year. Off-Sale Malt Liquor (fee $100) Hy-Vee Food Store, 8200 42nd Avenue North Speedway, 6144 West Broadway Mr. McDonald recommended the Council accept any comments, close the hearing, and take action on the license renewals. Mayor Hemken opened the public hearing. There was no one present to address Council for the public hearing. Mr. Tim Fournier, director of police commented that there is nothing of major concern to report. He commented that since instituting a plan with Cinema Grill/Outtakes Bar, the calls for service significantly reduced. CLOSE HEARING Item 7.1 Motion was made by Council Member Elder, seconded by Council Member Hoffe, to close the public hearing. All present voted in favor. Motion carried. MOTION Item 7.1 Motion was made by Council Member Elder, seconded by Council Member Frazier, to approve liquor license renewals for year 2020. All present voted in favor. Motion carried. 2020 FINAL EDA LEVY Item 10.1 Mayor Hemken introduced for discussion Item 10.1, Resolution approving the 2020 Final EDA Levy. Mr. Kirk McDonald, city manager, stated the EDA levy is set at $348,000 which is an increase of $48,000 from last year. He stated EDA funding is one source of funding for the scattered site housing program. Mr. McDonald explained action on the EDA levy is required by both the City Council and the EDA. He recommended adoption of the resolution followed by suspension of the council meeting in order to conduct the EDA meeting. New Hope City Council December 9, 2019 Page 5 RESOLUTION 2019-127 Item 10.1 Council Member Frazier introduced the following resolution and moved its adoption: “RESOLUTION APPROVING THE 2020 FINAL EDA LEVY.” 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, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. MOTION Motion was made by Council Member Elder, seconded by Council Member Frazier, to suspend the council meeting to conduct the EDA meeting. All present voted in favor. Motion carried. EDA MEETING The council meeting was suspended at 7:32 p.m. to conduct the EDA meeting; the council meeting was reconvened at 7:37 p.m. 2020 BUDGET AND TAX LEVY Item 10.2 Mayor Hemken introduced for discussion Item 10.2, Resolution adopting general, special revenue, debt service, enterprise, and internal service fund budgets for the city of New Hope for the year 2020 and establishing a tax levy for the year payable 2020. Mr. Kirk McDonald, city manager, explained the city held a public hearing on the proposed 2020 budget on December 2, 2019. He stated the general fund budget is $15,410,550 and the tax levy for the general fund is $10,511,431. He noted the general fund tax levy is only increasing 1.32% or $136,483. He stated the major increase is adding the pool facility operation back into the budget. Mr. McDonald stated the total tax levy for 2020, including the general fund, street and park infrastructure funds, economic development authority, and the levies for Northwood South and Northwood North infrastructure bonds, the general obligation bonds for the new police station/city hall facility, and the bonds for Civic Center Park and pool is $16,844,716, which represents a 10.08% increase. He noted the majority of the levy increase or 8.72% is for the new pool and park improvement bonds issued in 2018 and 2019. Mr. McDonald pointed out that although the tax levy is increasing, the city’s tax capacity has also increased and the estimated tax rate is expected to decrease by two points so the overall impact to residential property owners is approximately three percent. Council Member London commented regarding the significant increases in property taxes since 2016 and urged fellow council members to prioritize future funding needs. He expressed support for the pay-as-you-go philosophy. Mayor Hemken pointed out the city recently reviewed the long-term financial plan and no new debt is forecasted for the next ten years. RESOLUTION 2019-128 Item 10.2 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION ADOPTING GENERAL, SPECIAL REVENUE, DEBT New Hope City Council December 9, 2019 Page 6 SERVICE, ENTERPRISE, AND INTERNAL SERVICE FUND BUDGETS FOR THE CITY OF NEW HOPE FOR THE YEAR 2020 AND ESTABLISHING A TAX LEVY FOR THE YEAR PAYABLE 2020.” The motion for the adoption of the foregoing resolution was seconded by Council Member Frazier, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. 2020 WAGE ADJUSTMENTS Item 10.3 Mayor Hemken introduced for discussion Item 10.3, Resolution authorizing the city manager to implement 2020 wage adjustments for non-union employees, pursuant to Council approval. Mr. Kirk McDonald, city manager, stated the resolution approves a 3% wage increase for non-union employees effective January 6, 2020. He stated this item was discussed during the budget review process at work sessions, and the increase is the average increase being considered by the city’s 12 comparable cities. He stated the increase applies to all non-union employees, union employees (due to the “me-too” clause), and the city manager. He stated the city manager position can be excluded if so directed by Council. Council Member London requested that future wage adjustment requests show the impact in dollars as well as the percentage. RESOLUTION 2019-129 Item 10.3 Council Member Frazier introduced the following resolution and moved its adoption: “RESOLUTION AUTHORIZING THE CITY MANAGER TO IMPLEMENT 2020 WAGE ADJUSTMENTS FOR NON-UNION EMPLOYEES, PURSUANT TO COUNCIL APPROVAL.” The motion for the adoption of the foregoing resolution was seconded by Council Member Elder, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. FEE SCHEDULE Item 10.4 Mayor Hemken introduced for discussion Item 10.4, Resolution adopting an updated Fee Schedule. Mr. Kirk McDonald, city manager, stated the fee schedule is an all-inclusive document for city charges that can be amended by resolution. He stated the 2020 Fee Schedule includes increases to several park and recreation program user fees, rental registration, and utility rates. He pointed out the budget is based on the established fees, and the new fees will be implemented in January. RESOLUTION 2019-130 Item 10.4 Council Member Frazier introduced the following resolution and moved its adoption: “RESOLUTION ADOPTING AN UPDATED FEE SCHEDULE.” The motion for the adoption of the foregoing resolution was seconded by Council Member Elder, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was New Hope City Council December 9, 2019 Page 7 declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. POLICE VEHICLE PURCHASE Item 10.5 Mayor Hemken introduced for discussion Item 10.5, Resolution authorizing the purchase of equipment and appropriation of funds in the amount of $78,531.12 for the purchase of two 2020 Ford Patrol Type Interceptor utility vehicles, $41,344.96 for one 2020 Ford Unmarked Type vehicle from Tenvoorde Ford in St. Cloud, and $40,000 to Action Fleet for ancillary equipment and set up costs, totaling $159,876.08. Mr. Tim Fournier, director of police, stated this item approves the purchase of three Ford Interceptor utility vehicles for the police department (two marked squads and one unmarked vehicle as his police chief vehicle). He stated the vehicles will replace two 2015 marked squads and one 2012 unmarked sedan. Of the existing vehicles, one vehicle will be sold at auction and the other two will be repurposed. He stated the vehicles are included in the 2017 -2021 CIP. The total approximate cost is $159,876.08; the equipment replacement fund contains $152,357.62 for replacing the three vehicles, and the shortfall of $7,518.46 will be funded by the equipment replacement reserve fund. Council discussed the typical miles per gallon of the SUVs. Council Member London noted prior discussions that reported life of vehicles/equipment could be extended as a result of the new heated underground police garage. Chief Fournier stated beginning in 2015, squad car replacements were extended from three to four years; he noted it may be possible to extend from four to five years but would depend on vehicle mileage and operational and maintenance costs. He stated it is highly likely that vehicles that are sold at future auctions will bring a higher price as a result of indoor storage. Council Member Elder pointed out the need to ensure the city has safe vehicles for public safety personnel. He noted it was a risk delaying squad replacements from three to four years. It was noted that other vehicles (police reserves, crime prevention vehicles, city inspector vehicles) will have life cycles extended due to garages. Council Member Frazier requested the review of the overall cost to the city over a certain timeframe. RESOLUTION 2019-131 Item 10.5 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT AND APPROPRIATION OF FUNDS IN THE AMOUNT OF $78,531.12 FOR THE PURCHASE OF TWO 2020 FORD PATROL TYPE INTERCEPTOR UTILITY VEHICLES, $41,344.96 FOR ONE 2020 FORD UNMARKED TYPE VEHICLE FROM TENVOORDE FORD IN ST. CLOUD, AND $40,000 TO ACTION FLEET FOR ANCILLARY EQUIPMENT AND SET UP COSTS, TOTALING $159,876.08.” The motion for the adoption of the foregoing resolution was seconded by Council Member Frazier, and upon vote being taken thereon, the New Hope City Council December 9, 2019 Page 8 following voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; 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 Frazier, seconded by Council Member Elder, 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 8:00 p.m. Respectfully submitted, Valerie Leone, City Clerk City Council Work Session December 16, 2019 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes Work Session Meeting December 16, 2019 Northwood Conference Room CALL TO ORDER The New Hope City Council met in work session pursuant to due call and notice thereof; Mayor Hemken called the meeting to order at 6:30 p.m. ROLL CALL Council present: Kathi Hemken, Mayor John Elder, Council Member (arrived at 6:44 p.m.) Cedrick Frazier, Council Member Andy Hoffe, Council Member Jonathan London, Council Member Staff present: Kirk McDonald, City Manager Brandon Bell, Community Development Assistant Dan Boyum, City Engineer Tim Fournier, Director of Police Rich Johnson, Director of HR/Admin. Services Valerie Leone, City Clerk Susan Rader, Director of Parks & Recreation Jeff Sargent, Director of Community Development Stacy Woods, Assistant City Attorney HUMAN RIGHTS COMMISSION Item 11.1 Mayor Hemken introduced for discussion item 11.1, Dialogue between City Council and Human Rights Commission. Mr. Tim Fournier, staff liaison for the Human Rights Commission, introduced members of the HRC in attendance: Kendra Curry, Trista Rehnke, and Candace Burkhardt. Mr. Fournier stated the Human Rights Commission advises the Council on human relations, civil rights issues, and recommends the adoption of such policies or actions needed to provide for full equal opportunity in the community. He noted the membership for 2020 will drop to four and the commission has been recruiting for adults and one student commissioner. Ms. Curry reviewed the commission’s 2019 accomplishments and noted the “Sweet Blackberry Children’s educational program” was a successful endeavor. She reviewed goals for 2020 and the commission’s involvement to inform the public regarding the 2020 Census. Mayor Hemken thanked the commission for partnering with the League of Women Voters on many events. Mr. Fournier noted the commission has joined the “Adopt a Park” program and has adopted Sunnyside Park in New Hope. City Council Work Session December 16, 2019 Page 2 Council thanked the members for their volunteerism and service to the community. POOL/CIVIC CENTER PARK/CITY HALL LANDSCAPING PROJECTS UPDATE (IMPROVEMENT PROJECT NOS. 995/941/994) Item 11.2 Mayor Hemken introduced for discussion item 11.2, Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering (Improvement Project Nos. 995/941/994). Ms. Susan Rader, director of parks and recreation, and Dan Boyum, city engineer, were recognized. Mr. Boyum indicated since the update in November, some project trees have been placed in the parking lot islands and next to city hall. Also, aggregate riprap has been placed in some of these same islands. Fin al adjustments in aggregate elevations will be done in spring 2020 when plantings are installed and structures adjusted. Temporary striping for handicap parking has been placed also in the city hall lot. The curb work and bituminous for the pool parking lot as well as remaining landscaping will be installed next spring. Safety bollards have arrived, and staff is getting an update on the schedule for installation from the contractor. He reported w ork has stopped on the theater and picnic pavilion for the wi nter, and the skatepark is 100% complete. Mr. Boyum indicated Donlar (pool contractor) poured some of the concrete decking near the 50-meter pool as well as footings for the slide. The vortex pool soil corrections have been completed. In the bathhouse, work continues on ceiling panels, cabinetry, mechanical, plumbing, and electrical finishes, and flooring. For the mechanical building, masonry walls and electrical and mechanical rough-ins continue. Also, pool piping and zero entry and vortex pool plumbing has continued. The pool contractor is stopping winter concrete placement as well as exterior site improvements at this time. They will continue on interior work in the bathhouse and mechanical building over the winter. He stated Xcel Energy will be installing the two remaining transformers for Civic Center Park in January. Ms. Rader reported on new issues that will be presented as future change orders including tree stump removal, handholes and data raceway (credit), and framing and supports for interior metal ceiling panels in the bathhouse. Mr. Boyum commented that an addendum is necessary for design and construction administration for the storm water chamber that wasn’t part of the original scope of work. He stated this will be funded by the Shingl e Creek Watershed and the city’s storm water fund. Ms. Rader stated that since the city decided against funding additional winter outdoor construction work, it will be a challenge to have the full facility able to open on June 6, as originally planned. Staff is hopeful that the 50-meter pool can open on schedule, with the remaining areas (shallow water area, current channel, vortex pool and body slides) opening when they are complete. Currently, Donlar is estimating July 3 for the remaining areas to be complete. City Council Work Session December 16, 2019 Page 3 Ms. Rader reported on reduced fees for season passes and daily admission since the aquatics facility will only have the 50 -meter pool open the first four weeks of the season. She stated the public will be informed of the rationale for the reduced rates. She indicated staff will also be revising the programming that will be available during the first four weeks, including the swimming lessons and other aquatic classes. The swim teams will be able to practice in the mornings. Director Rader stated by opening the 50 -meter pool it will allow seasonal staff to be hired this spring and early summer. She indicated the new recreation facilities supervisor will start in January. Discussion ensued regarding the construction schedule and when the contractor would begin working again on the vortex pool. Mr. Boyum stated April is the typical timeframe but it is weather dependent due to road restrictions. Council thanked staff for the update. AFFORDABLE HOUSING TENANT PROTECTION ORDINANCE Item 11.3 Mayor Hemken introduced for discussion item 11.3, Discuss draft affordable housing tenant protection ordinance. Mr. Jeff Sargent, director of community development, reported that Council reviewed the draft ordinance last December and directed staff to share it with the community and stakeholders, including property managers of multi -family properties in the city. He stated the proposed ordinance was presented at the first and last property managers’ meetings in 2019 for feedback. He stated tenant protection measures include written communication to tenants regarding possible changes to rent structures, relocation assistance, and penalties if new owners fail to comply. Mr. Sargent stated whenever ownership of an affordable housing building is transferred, the new owner has 30 days after closing to provide written notice to each tenant. He stated relocation assistance is to be paid to tenants by the new owner if the new owner of an affordable housing building terminates or refuses to renew any rental agreement without cause during the tenant protection period (90 days after last day of month the notice is issued). Mayor Hemken pointed out the main purpose of the ordinance is to ensure tenants of affordable housing are provided notice of a possible rent increase. She stated the new property owner is not prohibited from increasing rent, but the tenants are given notice. Council Member Frazier stated 90 days can help tenants find a new place to live. Council Member London inquired of the number of “affordable” housing units in New Hope. Mr. Sargent stated the city has a list of apartments with affordable rents denoted. Discussion ensued regarding the city’s property maintenance code that ensures all rental buildings meet minimum requirements. City Council Work Session December 16, 2019 Page 4 Council expressed support for the proposed ordinance and directed staff to present the item in January for formal adoption. TOBACCO REGULATIONS Item 11.4 Mayor Hemken introduced for discussion item 11.4, Discuss Potential Changes to Tobacco Regulations. Mr. Kirk McDonald, city manager, explained that resident concerns prompted staff to research changes to the city’s ordinance regarding increasing the minimum age for tobacco sales from 18 to 21 years. Mr. Brandon Bell, community development assistant, provided background. He stated currently 54 Minnesota cities and counties have raised the minimum age for tobacco sales from 18 years of age to 21 years, commonly known as Tobacco 21. There is a growing movement across the state and country to raise the legal age of tobacco and nicotine sales to 21 years old. There was a push in the Minnesota legislature to pass state wide legislation last year, but it did not pass through the state senate and the bill will most likely be reintroduced this year. Mr. Bell stated some cities near New Hope (Plymouth, Robbinsdale, and Golden Valley) have raised the minimum age. He stated New Hope presently has 21 businesses that hold tobacco licenses. Council discussed the Tobacco 21 initiative and the need for statewide legislation. Council requested the Citizen Advisory Commission hold a public input meeting on the matter. CLOSED MEETING Item 11.5 Mayor Hemken introduced for discussion item 11.5, Resolution calling for a closed meeting of the New Hope City Council authorized by Minn. Stat §13D.03 to discuss and consider labor negotiations strategy. RESOLUTION 2019-132 Item 11.5 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION CALLING FOR A CLOSED MEETING OF THE NEW HOPE CITY COUNCIL AUTHORIZED BY MINN. STAT §13D.03 TO DISCUSS AND CONSIDER LABOR NEGOTIATIONS STRATEGY.” The motion for the adoption of the foregoing resolution was seconded by Council Member Frazier, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. CLOSED MEETING The work session was suspended at 7:44 p.m. to conduct the executive session. The work session was reconvened at 8:34 p.m. to conduct Item 11.6. CITY MANAGER’S 2019 PERFORMANCE EVALUATION Item 11.6 Mayor Hemken introduced for discussion item 11.6, City Manager’s 2019 Performance Evaluation. Mayor Hemken explained the performance review will include a review of the city manager’s 2019 goals and accomplishments. She noted after conducting the performance, the city manager will be excused from the meeting while the Council considers a potential salary increase. City Council Work Session December 16, 2019 Page 5 Council reviewed the city manager’s 2019 goals and accomplishments and discussed redevelopment, scattered site housing, infrastructure improvements, public safety, playground replacement, long-term financial plan, 2020 professional city survey, communications with staff and Council, and grant revenue received by the city. Mr. McDonald stated he has drafted his proposed goals for 20 20 and welcomes Council’s input. Council Member London requested a revision to the educational assistance policy. Mr. McDonald stated he will incorporate the change and the final goals will be placed on the January 13 agenda for formal approval. Council Member London recommended utilizing SMART objectives during performance reviews of department directors whenever possible. Mr. McDonald commented that the SMART goals for each department are identified within the annual performance measurement report. Mr. McDonald excused himself from the meeting to allow the Council opportunity to privately discuss his employment agreement. The Council reviewed the city manager’s salary and compared it to New Hope’s 12 comparable cities. Council supported the previously approved 3% COLA and approved a 1% merit wage increase based on 2019 performance for a base salary of $171,347 effective for calendar year 2020. Staff was directed to have the city attorney prepare an employment agreement addendum for consideration at the January 13, 2020, Council Meeting. ADJOURNMENT The meeting was adjourned at 9:00 p.m. as there was no further business to come before the Council at its work session. Respectfully submitted, Valerie Leone, City Clerk City Council Executive Session December 16, 2019 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes Executive Session December 16, 2019 Northwood Room CALL TO ORDER The New Hope City Council met in executive session pursuant to due call and notice thereof; Mayor Hemken called the meeting to order at 7:45 p.m. ROLL CALL Council present: Kathi Hemken, Mayor John Elder, Council Member Cedrick Frazier, Council Member Andy Hoffe, Council Member Jonathan London, Council Member Staff present: Kirk McDonald, City Manager Tim Fournier, Director of Police Rich Johnson, Director of HR/Administrative Services Valerie Leone, City Clerk Walker MacBeath, HR Coordinator Stacy Woods, Assistant City Attorney LABOR NEGOTIATIONS Mayor Hemken introduced Item 11.5, Discussion regarding labor negotiations. Director Rich Johnson updated the Council on the status of labor negotiations with the police officer (LELS #77) and police supervisor (LELS #273) union contracts , and sought input and direction from the Council. ADJOURNMENT The meeting was adjourned at 8:33 p.m. as there was no further business to come before the Council at its executive session. Respectfully submitted, Valerie Leone, City Clerk City Council Work Session January 6, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes Work Session Meeting January 6, 2020 Northwood Conference Room CALL TO ORDER The New Hope City Council met in special work session pursuant to due call and notice thereof; Mayor Hemken called the meeting to order at 6:00 p.m. ROLL CALL Council present: Kathi Hemken, Mayor John Elder, Council Member Cedrick Frazier, Council Member Andy Hoffe, Council Member Jonathan London, Council Member Staff present: Kirk McDonald, City Manager Tim Fournier, Director of Police Rich Johnson, Director of HR/Admin. Services Valerie Leone, City Clerk Walker MacBeath, HR Coordinator CLOSED MEETING Item 11.5 Mayor Hemken introduced for discussion item 11.1, Resolution calling for a closed meeting of the New Hope City Council authorized by Minn. Stat §13D.03 to discuss and consider labor negotiations strategy. RESOLUTION 2020-01 Item 11.1 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION CALLING FOR A CLOSED MEETING OF THE NEW HOPE CITY COUNCIL AUTHORIZED BY MINN. STAT §13D.03 TO DISCUSS AND CONSIDER LABOR NEGOTIATIONS STRATEGY.” 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, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. ADJOURNMENT The meeting was adjourned at 6:02 p.m. to conduct the closed meeting. Respectfully submitted, Valerie Leone, City Clerk City Council Executive Session January 6, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes Executive Session January 6, 2020 Northwood Room CALL TO ORDER The New Hope City Council met in executive session pursuant to due call and notice thereof; Mayor Hemken called the meeting to order at 6:03 p.m. ROLL CALL Council present: Kathi Hemken, Mayor John Elder, Council Member Cedrick Frazier, Council Member Andy Hoffe, Council Member Jonathan London, Council Member Staff present: Kirk McDonald, City Manager Tim Fournier, Director of Police Rich Johnson, Director of HR/Administrative Services Valerie Leone, City Clerk Walker MacBeath, HR Coordinator LABOR NEGOTIATIONS Mayor Hemken introduced Item 11.1, Discussion regarding labor negotiations. Director Rich Johnson updated the Council on the status of labor negotiations with the police officer (LELS #77) and police supervisor (LELS #273) union contracts , and sought input and direction from the Council. ADJOURNMENT The meeting was adjourned at 6:17 p.m. as there was no further business to come before the Council at its executive session. Respectfully submitted, Valerie Leone, City Clerk I:\RFA\City Manager\2020\6.1 Business Licenses\6.1 Q-Business Licenses 011320.docx Request for Action January 13, 2020 Approved by: Kirk McDonald Originating Department: City Manager By: Valerie Leone, City Clerk-Treasurer Agenda Title Approval of business license(s) Requested Action In accordance with Chapter 8 of the New Hope Code, all applications for business licenses must be presented to the City Council for consideration. Staff recommends approval of all listed requests. Background All required paperwork and fees have been received for the businesses listed. Hy-Vee 8200 42nd Avenue North Fireworks Brooklyn Center Service, Inc./ DBA SuperAmerica 9400 36th Avenue North Service Station, Car Wash, and Tobacco Agenda Section Consent Item Number 6.1 G:\City Manager\AGENDA\6.2 R-Approval of Claims Merge Doc.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Approval of claims through January 13, 2020 Requested Action Claims for services and commodities purchased through this period are listed on the Check Disbursement Report Attachments x Check Disbursement Report Agenda Section Consent Item Number 6.2 I:\RFA\City Manager\2020\city atty appt\6.4 Q-apt attorney.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk Agenda Title Resolution appointing city attorney Requested Action Staff recommends the re-appointment of Steven A. Sondrall, P.A. as City Attorney for the year 2020. Policy/Past Practice The city annually appoints a legal consultant to advise the Council, staff and police on legal and criminal prosecution matters. Background Steve Sondrall has served as New Hope’s City Attorney since 1989. Legal support services will be provided by the law firm of Jensen Sondrall Persellin & Woods, P.A. The city attorney historically has increased his fees on a two or three-year cycle and maintained those fees over that period. He is not proposing an increase for 2020. Hourly rates for 2016 Hourly rates for 2017-2020 Civil attorney time $120 No increase Police attorney time (prosecution) $120 No increase Paralegal time $75 No increase Revenue bond issues $200 No increase The city attorney does not charge the city for attending regularly scheduled council meetings. Also, since 2012 the city attorney has not charged for his attendance at work sessions. Funding The budget includes funding for legal services. Attachments • Resolution • Letter with fee schedule Agenda Section Consent Item Number 6.4 1 RESOLUTION NO. 20 - ____ RESOLUTION APPOINTING CITY ATTORNEY BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, it is in the best interest of the City of New Hope to appoint a legal consultant to advise the City Council, City staff and police on City civil legal and criminal prosecution matters, and WHEREAS, the City Manager has recommended to this Council that attorney Steven A. Sondrall be appointed as the New Hope City Attorney and Stacy A. Woods and Melanie P. Persellin be appointed as Assistant City Attorney and Assistant Prosecuting Attorney respectively pursuant to Minn. Stat. §412.651(3) during the year 2020, and they shall be collectively known as the City Attorney. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That Steven A. Sondrall, Attorney at Law, (license no. 103391) is hereby appointed to serve as City Attorney and Prosecuting Attorney for the City of New Hope, Minnesota, during the year 2020. 2. That Stacy A. Woods, Attorney at Law, (license no. 261658) is hereby appointed to serve as Assistant City Attorney for the City of New Hope, Minnesota, during the year 2020. 3. That Melanie P. Persellin, Attorney at Law, (license no. 031786x) is hereby appointed to serve as Assistant Prosecuting Attorney for the City of New Hope, Minnesota during the year 2020. 4. That the City Attorney may use the personnel and all other services of Jensen Sondrall Persellin & Woods, Professional Association, or other qualified attorneys and legal professionals to assist them in providing legal services to the City of New Hope during the 2020 year, subject to the approval of the City Manager and this City Council. Dated the 13th day of January, 2020. ____________________________________ Kathi Hemken, Mayor Attest: __________________________ Valerie Leone, City Clerk P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-10000 City Mgr\CNH - Resolution Appointing City Attorney( 2020).docx I:\RFA\City Manager\2020\city eng appt\6.5 Q-apt engineer.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk Agenda Title Resolution appointing Dan Boyum of Stantec Consulting Services Inc. as city engineer for sewer, water, street, and storm sewer projects and general work Requested Action Staff recommends the Council pass a resolution appointing Dan Boyum of Stantec Consulting Services Incorporated as city engineer for 2020. Policy/Past Practice The city annually appoints an engineering consultant to assist Council and staff with planning and managing improvements to parks, sewers, streets, water and storm sewer facilities within the city. Background The city utilized the services of Bonestroo, Rosene, Anderlik & Associations (BRAA) since 1957. In 2007, they merged with DSU Planning and Urban Design and became “Bonestroo.” On September 2, 2011, Bonestroo was acquired by Stantec Consulting Services Incorporated. The proposed resolution re-appoints Dan Boyum as city engineer. Stantec Consulting Services Inc.’s proposed rate schedule for 2020 reflects no increase to the engineer’s rate and an average increase of 3% for other Stantec team member rates. Since 2018 Stantec has not charged for attendance at council meetings and charged a fixed fee (not hourly) for attendance at work sessions. Engineering rates were unchanged between years 2009-2012, in years 2013-2017 the rates increased by 3%, 3.5% in 2018, and 3% in 2019. Stantec Consulting Services Inc. is aware of the city’s limited resources and strives to find ways to increase value and reduce overall costs while providing quality services. As in the past, the city engineer and his support staff continue to be very instrumental in the city’s success in managing the city’s state aid funds, and in obtaining grant funding and competitive quotes for various projects. Funding The 2020 general budget includes a total of $40,000 for engineering services within the Community Development and Public Works department budgets. Engineering services utilized for specific construction and improvement projects are charged to the respective project; such as street infrastructure project improvements. Engineering services utilized for planning/development applications are generally billed to the applicant. Attachments  Resolution  Letter from city engineer  Rate schedule Agenda Section Consent Item Number 6.5 City of New Hope Resolution No. 2020 - Resolution appointing Dan Boyum of Stantec Consulting Services Incorporated as city engineer for sewer, water, street, and storm sewer projects and general work WHEREAS, the city of New Hope contracts for engineering services; and, WHEREAS, the city of New Hope constructs and maintains city parks, sewer, street, water and storm sewer facilities in the city; and, WHEREAS, it is in the best interest of the city to appoint a consulting engineering firm to assist the City Council and staff in planning and managing improvements, and approve the assignment of the engineering services contract to Stantec Consulting Services Incorporated. NOW, THEREFORE, BE IT RESOLVED that the firm of Stantec Consulting Services Inc. is hereby designated to serve as the city engineer for parks, sanitary sewer, municipal water, streets, storm sewers and other general work for the city of New Hope, Minnesota, during the year 2020; and, NOW, THEREFORE, BE IT FURTHER RESOLVED that payment for services shall be as set forth in the contract dated January 1, 1998, and the rate (fee schedule) as negotiated with the city manager. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of January, 2020. _________________________ Mayor Attest: _______________________ City Clerk Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 December 23, 2019 File: 193804800 Attention: Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4843 Reference: 2020 Rate Schedule Dear Kirk, We’ve thoroughly enjoyed helping the City of New Hope plan and implement your projects over the past year. We are looking forward to continuing our service with the exciting projects and challenges next year! Enclosed is our 2020 hourly rate schedule for municipal services. Stantec is committed to employing great people while keeping our technical capabilities innovative and efficient. Understanding the tough restraints placed on municipal governments, we are proposing the following: ·No increase in Dan Boyum’s rate for 2020 ·Hold other team member rates to an average increase of 3% ·Council Meetings: no charge ·Council Work Session Meetings: $100/meeting Please be assured that we will continue to strive internally to minimize cost increases, and look for cost saving measures in our day to day operations with staff to help reduce your engineering costs. We will continue to focus our efforts on providing the City with high quality service while being sensitive to budgets. We look forward to continuing to partner with you in 2020! If you have any questions or require further information, please call me at (612) 712-2021. Regards, Stantec Consulting Services Inc. Dan D. Boyum, PE Senior Associate Attachments: Rate Schedule - 2020 c. Valerie Leone – New Hope; Heidi Hamilton, Mark Hanson, David Overby – Stantec Classification 2020 Senior Principal 158.00$ -199.00$ Principal 152.00$ -187.00$ Specialist*139.00$ -283.00$ Project Manager 149.00$ -192.00$ Senior Engineer| Scientist | Architects |Landscape Architect | Planner 139.00$ -181.00$ Architect | Landscape Architect 126.00$ -152.00$ Land Surveyor 112.00$ -183.00$ Engineer | Planner | Scientist | Geologist | Hygienist 107.00$ -152.00$ Designer | GIS | Landscape Designer |Graphics | Senior Technician 107.00$ -154.00$ Engineering Technician 84.00$ -124.00$ Project Technician 58.00$ -86.00$ Field Supervisor 114.00$ -181.00$ Inspector 86.00$ -118.00$ 1-Person Survey Crew 151.00$ 2-Person Survey Crew 208.00$ * Specialist: Experts in highly technical disciplines including Principal Planners, Market Analysts and Certified Industrial Hygienist. These rates are adjusted annually in accordance with the normal review procedures of Stantec. 2020 RATE SCHEDULE (Municipal) I:\RFA\City Manager\2020\newspaper appt\Q&R-apt newspaper 01.13.20.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk Agenda Title Resolution appointing New Hope – Golden Valley Sun Post as the official newspaper for city of New Hope Requested Action Staff recommends the re-appointment of the Sun Post as the official newspaper for 2020. Policy/Past Practice The City must designate an “official” newspaper on an annual basis. Background The only newspapers meeting the circulation criteria are the Sun Post and the Star Tribune. The City has utilized the services of the Sun Post for many years, and publication rates are reasonable. As an added service, the Sun Post also posts legal notices on its website (www.mnsun.com). The rate structure for 2020 is the same as year 2019. Rate Structure $11.90 per inch for first insertion (rate drops to $7.00 per inch for subsequent insertions). Based on 9 lines per inch Funding The budget includes funding for publication costs. Annual publication costs are typically between $8,000-$9,000 for all departments. Attachments  Resolution  Letter from Sun Post Agenda Section Consent Item Number 6.6 City of New Hope Resolution No. 2020- Resolution appointing New Hope - Golden Valley Sun Post as the official newspaper for city of New Hope WHEREAS, the City of New Hope is required by State law to designate a newspaper for official and legal publication, and WHEREAS, State Statute 331.02 established requirements that must be met by newspapers to be designated for official and legal publication, and WHEREAS, the New Hope - Golden Valley Sun Post meets those requirements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope, Minnesota, as follows: The New Hope - Golden Valley Sun Post is hereby designated as the official newspaper for the City of New Hope for the year 2020. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 13th day of January, 2020. ____________________________ Mayor Attest:________________________ City Clerk i:\rfa\city manager\2020\q&r-apt depositories payroll.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk Agenda Title Resolution designating Wells Fargo as depository for payroll account and general or special funds of the City of New Hope Requested Action Staff recommends the continuation of Wells Fargo as the city’s official depository for the payroll and general accounts of the city. Policy/Past Practice The City must designate its official depository on an annual basis. Background The City previously utilized the services of Marquette Bank N.A. until July of 2002 when they ceased operations. Since that time, the City has used Wells Fargo for the official depository for the payroll account and general account. The Mayor, Mayor Pro tem, City Manager and City Clerk are listed as the official signatories. Attachment  Resolution Agenda Section Consent Item Number 6.7 City of New Hope Resolution No. 2020- Resolution designating Wells Fargo as depository for payroll account and general or special funds of the city of New Hope BE IT RESOLVED, that Wells Fargo (New Hope Office) is hereby designated as the depository for the city Payroll and General Fund Accounts for the year 2020. BE IT FURTHER RESOLVED, that any of the below listed officers of this municipal corporation are authorized in the name and on behalf of the City of New Hope, to open or cause to be opened or to continue or cause to be continued an account or accounts with said bank and to execute and deliver to said bank, signature card or cards supplied by said bank containing said bank’s usual customer agreement applicable to such account or accounts and the signatures of the officers or other persons hereinafter named and that any officer of this municipal corporation or any other persons hereinafter named in hereby authorized, for and on behalf of this corporation or otherwise, to endorse or cause to be endorsed, to negotiate or cause to be negotiated, or to deposit or cause to be deposited in such account or accounts any money, checks, drafts, orders, notes or other instruments payable to or held by this corporation. BE IT RESOLVED, that checks, drafts, or other withdrawal orders on funds deposited in such account or accounts may be signed by any three of the following: Kathi Hemken, Mayor, or Cedrick Frazier, Mayor Pro tem; plus Kirk McDonald, City Manager; Valerie J. Leone, City Clerk/Treasurer; and said bank is hereby fully authorized to pay and charge to such account or accounts, any checks, drafts, or other withdrawal orders signed, whether or not payable to the individual order of any of the foregoing officers or persons or deposited or otherwise applied to his individual account or signatures of the aforementioned officers or persons shall be as follows: ___________________________________ Mayor, or Kathi Hemken ___________________________________ Mayor Pro tem, plus Cedrick Frazier ___________________________________ City Manager, or Kirk McDonald ___________________________________ City Clerk/Treasurer Valerie Leone Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 13th day of January, 2020. ____________________________ Mayor Attest:________________________ City Clerk I:\RFA\City Manager\2020\Q&R apt depositories investments 01.13.20.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk Agenda Title Resolution designating depositories for funds of the City of New Hope relative to investments Requested Action Staff recommends naming the following financial institutions as official depositories for purposes of investing City funds as authorized by state statutes: Wells Fargo Investment Services UBS Financial Services Inc. PMA Financial Network/Securities, Inc. 4M Policy/Past Practice In accordance with state statutes, the city must designate its official depositories on an annual basis. Background The city’s investment policy is part of the Financial Management Plan adopted on October 10, 2016. Both the short-term and long-term portions of the portfolio are being managed by the city’s financial consultant, Abdo, Eick & Meyers, LLC, and these depositories were confirmed with AEM. Attachment  Resolution Agenda Section Consent Item Number 6.8 City of New Hope Resolution No. 2020- Resolution designating depositories for funds of the City of New Hope relative to investments BE IT RESOLVED, the following named financial institutions are hereby designated as official depositories for purposes of investing City funds as authorized by State Statutes: Wells Fargo Investment Services UBS Financial Services Inc. PMA Financial Network/Securities, Inc. 4M BE IT FURTHER RESOLVED, that 1. Prior to City deposits being made in any of the above named depositories, collateral in at least 110% of the amount of deposit shall be pledged to the City of New Hope. Mortgage notes must be pledged at 140% of deposit. 2. The hereinafter designated officers are authorized to invest the city funds from time to time with above named financial institutions and that said associations are hereby authorized to act without further inquiry in accordance with writings bearing the signatures of three such officers and of further authorization for other individuals to so sign, together with a specimen of the signature of each such individual. 3. The designated officers and specimen signatures are as follows: ________________________________Mayor, or Kathi Hemken ________________________________Mayor Pro tem, plus Cedrick Frazier ________________________________City Manager, or Kirk McDonald ________________________________City Clerk/Treasurer Valerie Leone Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 13th day of January, 2020. ____________________________ Mayor Attest:________________________ City Clerk I:/RFA/City Manager/2020/Appt HRG Board/Q&R-Apt city mgr HRG 01.13.20 Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Resolution appointing city manager as director to the HRG Board for a term expiring December 31, 2020 Requested Action Staff recommends that the Council appoint City Manager Kirk McDonald as Director to the HRG Board. Background As a requirement of the HRG Joint Powers Agreement, each City Council of the Hennepin Recycling Group must appoint their City Manager as HRG Director on an annual basis. Kirk McDonald has been serving on the board since July of 2007. Attachment • Resolution Agenda Section Consent Item Number 6.9 City of New Hope Resolution No. 2020 - Resolution appointing city manager as director to the HRG Board for term expiring December 31, 2020 WHEREAS, as a requirement of the HRG Joint Powers Agreement, each City Council of the Hennepin Recycling Group must appoint a HRG Director on an annual basis; and WHEREAS, as City Manager, it is appropriate to appoint Kirk McDonald to serve as New Hope's HRG Director. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of New Hope hereby appoints Mr. Kirk McDonald, City Manager, as Director to the HRG Board for a term expiring December 31, 2020. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 13th day of January, 2020. ______________________________ Mayor Attest: ________________________ City Clerk I:/RFA/CityManager/2020/Q-Apt Weed Inspector Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Appointment of assistant weed inspector for 2020 Requested Action Staff recommends the appointment of Shawn Markham, Contract Manager/City Forester, as the City’s Assistant Weed Inspector. Background State Statute 18.80, subd. 3 requires cities to appoint an Assistant Weed Inspector on an annual basis. By law, the official Weed Inspector is the Mayor. Agenda Section Consent Item Number 6.10 I:\RFA\CITY MANAGER\2020\BD OF APPEAL SET DATE\6.11 Q-BOR DATE.DOCX Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Approval of April 2, 2020, as date for the Local Board of Appeal and Equalization Meeting Requested Action Staff recommends the City hold the Local Board of Appeal and Equalization on Thursday, April 2, at 7:00 p.m. Policy/Past Practice The City Council serves as the Board of Appeal and Equalization in New Hope. The hearing provides an opportunity for property owners to question their property valuations. Appeals may be made in person or in writing. The Board must meet between April 1 and May 31. Background The County requests that the City schedule its Local Board of Appeal and Equalization Meeting dates as soon as possible. After the initial meeting, the Board must reconvene within twenty calendar days. Staff recommends April 2, at 7:00 p.m. as the initial date and April 13, at 6:30 p.m. (prior to the Council Meeting) as the reconvened meeting date. The county assessors are willing to meet with the Council at a work session prior to the actual meeting if so desired by the Council. In this past this has served as an opportunity to familiarize the Council with property valuations, sales information, and the Council’s role as Board of Equalization. Residents will be notified of the Board of Appeal and Equalization meeting in their tax statements and city publications (newsletter article and “In the Pipeline” utility bill inserts). The law requires attendance at the local board meeting by at least one voting member who has, within the last four years, attended the training course, and New Hope meets the requirements (Kathi Hemken – certification effective until 7/1/21 and Cedrick Frazier – certification effective until 7/1/22). On-line training is available until February 1 at https://www.revenue.state.mn.us/board-appeal-and-equalization-training. Attachment • Memorandum from Hennepin County Assessor Agenda Section Consent Item Number 6.11 To: From: Date: Re: New Hope City Clerk/City Administrator Kim Jensen, Senior Appraiser December 13, 2019 2020 Local Board of Appeal and Equalization Meeting Thursday, April 2, 2020 7:00 PM Date Time Minnesota Statute 274.01, Subdivision 1, requires that the County Assessor set the date and time for your local board of appeal and equalization meeting. We are proposing the date and time referenced above. Please confirm the date and time above, or if you wish to change the date, call us with an alternative by January 24. In addition to the date, please complete the form (please print) with the name of the Mayor and Council Members. This will allow for Notices of Valuation and Classification to be prepared timely. If you have any questions, please call me at (612) 348-6106 or send me an e-mail at kimberly.jensen@hennepin.us. Please return the confirmation to Kim Jensen, A-2103 Government Center, Minneapolis, MN, 55487, or email to AO.Admin@hennepin.us. CONFIRMATION City: Mayor: Date: Council: Time: Council: Place: Council: Council: Council: City Clerk/City Administrator Signature: I:\RFA\COMM DEV\2020\City Council\1‐13‐20 CDBG Allocation Call for PH\Q & R ‐ 2020 CDBG Call Public Hearing.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Sargent, Director Agenda Title Resolution ordering published notice and scheduling public hearing to approve the projected use of funds for the 2020 Urban Hennepin County Community Development Block Grant Program Requested Action Staff is requesting Council approval of the attached resolution authorizing publishing notice and setting a public hearing date for allocation of the 2020 Urban Hennepin County Community Development Block Grant Program (CDBG) funds. The public hearing will be held on February 10, 2019. Policy/Past Practice It is city policy and past practice to follow the Federal regulations related to the CDBG program and its funds. Background The Federal CDBG Program requires that municipalities hold a public hearing for consideration of the projected use of funding within the imposed timeframe. Once a public hearing is conducted, the city’s allocation selections are forwarded to Hennepin County for final approval. All community allocations are based on the Department of Housing and Urban Development (HUD) formula using the community’s share of three factors: 1) urban county total population; 2) number of persons with incomes at or below poverty level; and 3) overcrowded housing units. Poverty data is a double‐weighted factor in the formula. All formula figures are determined using 2010 census data. Unlike past years, Hennepin County has not yet notified cities of their CDBG funding amounts for 2020. Staff anticipates that the amount will be close to $100,000, in keeping with the trends over the last several years. The funds distributed to New Hope will be available on July 1, 2020, and the city is able to allocate these funds to programs that meet the requirements set forth by the Department of Housing and Urban Development (HUD). Hennepin County typically establishes a late‐February deadline for all cities to declare programming for their respective funds. The City Council should schedule a public hearing on the allocation of New Hope’s CDBG funds for the February 10, 2020, City Council meeting to meet this deadline. The public hearing set for February 10, 2020 will consider how the CDBG funds should be allocated. It is anticipated that the full amount will be used towards the Single‐Family Housing Rehabilitation Program, as criteria to use CDBG funds for Scattered Site Housing acquisition and demolition has changed. Recommendation Staff recommends approval of this resolution ordering publishing the public hearing notice and scheduling the public hearing date for February 10, 2020. Attachments  Resolution Agenda Section Consent Item Number 6.12 City of New Hope Resolution No. 2020- RESOLUTION ORDERING PUBLISHED NOTICE AND PUBLIC HEARING TO APPROVE THE PROJECTED USE OF FUNDS IN THE 2020 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the city of New Hope, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the city of New Hope has been notified that it has until February 28, 2020, to declare its desired allocations for its 2020 CDBG funding; and WHEREAS, the Department of Housing and Urban Development requires a public hearing to be held on the allocation of CDBG funding; and WHEREAS, a notice of public hearing is required to be published ten days in advance of the public hearing scheduled for February 10, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of New Hope as follows: 1. That the above recitals are incorporated herein by reference. 2. That the Council hereby approves publishing NOTICE AND PUBLIC HEARING TO APPROVE THE PROJECTED USE OF FUNDS IN THE 2020 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM to be published in the official newspaper of the city. Adopted by the City Council on this 13th day of January, 2020. ___________________________ Kathi Hemken, Mayor Attest:_____________________________ Valerie Leone, City Clerk I:\RFA\PUBWORKS\2019\Council\1031 2019 Seal Coat and Fog Seal\Final Payment\RFA- 1031 Final payment.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Title Resolution approving final payment to Pearson Brothers in the amount $13,978.58 for the 2019 Crack Repair and Seal Coat Project (Improvement Project No. 1031) Requested Action Staff recommends that City Council approve a resolution to accept the 2019 Crack Repair and Seal Coat Project (Improvement Project No. 1031) and authorize final payment to Pearson Brothers in the amount of $13,978.58. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background In 2019, Boone Avenue North of Bass Lake Road, and the shared Crystal/New Hope streets of Louisiana and 60th were crack sealed as part of this project. In addition, the 2013 reconstruction area and part of the 2015 mill and overlay area was crack sealed, seal coated, and fog sealed. A map is attached detailing the areas and the pavement management strategies performed under this project. Funding The CIP listed $460,646.00 for roadway crack repair, seal coat and fog seal in 2019, funded by the street infrastructure fund. The original Engineer’s Estimate for the entire seal coat project, including indirect costs, was $470,000.00. Bids came in lower than expected and the Original Contract Amount was $272,391.38. The final construction amount is $279,571.45. This $7,180.07 overage is due to more crack fill material needed in the industrial area near Public Works than originally estimated, and due to additional striping removal requested by staff. Attachments  Resolution  City Engineer Memorandum  Area Map  Final Pay Request Agenda Section Consent Item Number 6.13 City of New Hope Resolution No. 20- Resolution approving final payment to Pearson Brothers in the amount $13,978.58 for the 2019 Crack Repair and Seal Coat Project (project no. 1031) WHEREAS, the infrastructure improvement identified follow the pavement management strategy adopted by the Council; and WHEREAS, the city has entered into a contract with Pearson Brothers for construction of the 2019 Crack Repair and Seal Coat project; and WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project no. 1031 and approve final payment to Pearson Brothers in the amount of $13,978.58 ; and WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily completed and recommends, along with staff, final payment be made to Pearson Brothers. NOW, THEREFORE, BE IT RESOLVED, 1. That the City Council accepts the 2019 Crack Repair and Seal Coat project from Pearson Brothers. 2. That the city manager is hereby directed to authorize the final payment in the amount of $13,978.58 Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 13th day of January, 2020. Mayor Attest: City Clerk Stantec Consulting Services Inc. 733 Marquette Avenue Suite 1000, Minneapolis MN 55402 -2309 December 30, 2019 File: 193804728 Attention: Bernie Weber, Director of Public Works City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Enclosed find Payment Request No. 3 & Final for the above referenced project. The contractor, Pearson Bros., Inc. has completed the work in accordance with the contract plans and specifications. Therefore, it is recommended that final payment of $13,978.58 is made after receipt of final closeout forms, and the City of New Hope accepts the project. The Final Construction Amount is $279,571.45, or $7,180.07 over the Original Contract Amount of $272,391.38. The overrun was primarily due to more cracks requiring repair than estimated on the project streets as well as removing existing striping, seal coating, and restriping on Boone Avenue between 42 nd Avenue North and 49 th Avenue North. If you have any questions or require further information, please call me at (612) 712-2021. Attachments: Pay Request No. 3 & Final c. Kirk McDonald, Valerie Leone, Dave Lemke, Shawn Markham, Andrew Kramer, Megan Hedstrom – New Hope; Stacy Woods – City Attorney; Ann Dienhart – Stantec. TOWER WATER PARKJAYCEE S C HOOL & P ARK HOLLO W S UNNY T E R R A L I N D A P K . 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R d . 1 5 6 ) 54TH AVE N W I S C O N S I N 5 6THAVEN Co.Rd.10 BASSLAKERD 5 8 T H A V E N Y U K O N A V E N X Y L O N A V E N 55THAVEN U T A H A V E N W I S A V E N X Y L O N A V E N Z E A L A N D A V E N PKWY I N T E R N A T I O N A L CENTER P K W Y INTERNATIONAL RESEARCH CTR S T A T E H I G H W A Y 1 6 9 H A R L A N D R B U R G A LL AN A V E H I L L S B O R O I N D E P E N D E N C E A V E N AV E N GETTYSBURG G E T T Y S B U R G A V E 61ST C I R B ASSCREEK 59TH AVEN HILLSBORO G E T T Y S B U R G A V E E N S I G N A V E N D E C A T U R A V E N C A V E L L A V E N 60THAVEN B O O N E A V E N 61ST AVEN 611/2 L A K E U T A H W I S V I R A V E N 591/2 6 1ST AV E N V I R G I N I A A V E N LAKE RDN Y U K O N A V E N 611/2 AVEN 6 2ND AV E N Z E A L A N D A V E N 601/2 AVE N M E A DO W MEADOW R D W A Q U I L A A V E N MEADOWLAKE PL W E S T BR OA D W AY 57THAVEN CLOVERDALEAVEN 58THAVEN 56THAVEN 54THAVEN L O U I S I A N A A V E N O R E G O N A V E N A VE N58TH M A R Y L A N D A V E N P E N N S Y L V A N I A A V E N R H O D E I S L A N D S U M T E R A V E N 55TH AVE N RAPHAELST A V E N S U M T E R A V E N 6 0T H AV E N M A R Y L A N D A V E N L O U I S I A N A 59THAVEN A V E N Q U E B E C I S L A N D R H O D E N61STAVE S U M T E R A V E N 61ST S U M T E R P L 60THAVEN S H I R L E Y N E V A D A A V E N O R E G O N P E N N S Y L V A N I A A V E N A V E N R H O D E I S L A N D A V E N Q U E B E C J E R S E Y 5 8 T H K E N T U C K Y LOMBARDY 60THAVEN K E N T U C K Y A V E N 5 9TH AV E N DUDLEY AVEN Z E A L A N D A V E N 3 2 N D A V E .N A V E N A V E N A V E N A V E N D R I V E C.P.RAIL SYSTEM A V E N X Y L O NYUKON 45TH R E S E A R C H R D LAKE RD) HILLS-BORO G E T T Y S C I R . L A K E R D E A V E N . DR. AVE.N AVEN 45TH A V E N AVEN A V E N A V E N M E A D O W AVE N A V E N CIR A V E N A V E N AVEN A V E N A V E N 27THAVEN S U M T E R 39 1/2 D EC A T U R C T. C .P . R A I L S Y S T E M E N S I G N A V E N V I R G I N I A A V E N U T A H A V E N U E N V I R G I N I A A V E N U E N A Q U I L A A V E N C A V E L L A V E N U E N M A R Y L A N D A V E N L O U I S I A N A A V E N W I S C O N S I N A V E N GETTYSBURG A V E N U E J O R D A N A V E N U E A V E H I L L S B O R O 6 2ND AV E N W A Y A L I C E E L M G R O V E A V E N U E MEDICINE LAKE ROAD COUNTY ROAD70 C O R D 1 5 6 C .P . R A I L S Y S T E M 601/2 AVE N B O O N E A V E N BOONEPLN 0 Scale in feet 1200 2400 N LEGEND CRACK REPAIR, SEAL COAT & FOG SEAL DATE PROJ. NO. P l o t D a t e : 0 7 / 3 1 / 2 0 1 9 - 1 : 5 3 p m D r a w i n g n a m e : V : \ 1 9 3 8 \ a c t i v e \ 1 9 3 8 0 4 7 2 8 \ C A D \ D w g \ 1 9 3 8 0 4 7 2 8 - G 0 0 1 . d w g X r e f s : , 1 9 3 8 0 4 7 2 8 _ B O R D E R 733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402 www.stantec.com LOCATION PLAN CITY OF NEW HOPE, MN 2019 CRACK SEAL AND SEAL COAT PROJECT 7/31/2019 F I G U R E :1 193804728 Owner: Date: November 7, 2019 For Period: Request No: 3/Final Contractor: CONTRACTOR'S REQUEST FOR PAYMENT 2019 CRACK REPAIR AND SEAL COAT STANTEC PROJECT NO. 193804728 CITY PROJECT NO. 1031 SUMMARY 1 Original Contract Amount $ 272,391.38 2 Change Order - Addition $0.00 3 Change Order - Deduction $0.00 4 Revised Contract Amount $ 272,391.38 5 Value Completed to Date $ 279,571.45 6 Material on Hand $0.00 7 Amount Earned $ 279,571.45 8 Less Retainage 0%$0.00 9 Subtotal $ 279,571.45 10 Less Amount Paid Previously $ 265,592.87 11 Liquidated damages - $0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO.3/Final $13,978.58 Recommended for Approval by: STANTEC Approved by Contractor:Approved by Owner: Specified Contract Completion Date:Date: Pearson Bros., Inc., 11079 Lamont Ave. NE, Hanover, MN 55341 City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 10/5/2019-11/07/2019 PEARSON BROS., INC.CITY OF NEW HOPE 193804728REQ3FINAL.xlsm Contract Unit Current Quantity Amount No.Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LS 1 5000.00 1 $5,000.00 2 TRAFFIC CONTROL LS 1 5000.00 1 $5,000.00 3 CRACK SEAL (ROUTE AND SEAL)LBS 7200 1.43 9890 $14,142.70 4 BITUMINOUS MATERIAL FOR SEAL COAT, CRS-2 GAL 35000 2.45 36758.4 $90,058.10 5 SEAL COAT AGGREGATE, FA-2 (MOD), TRAP ROCK SY 141000 0.60 132363 $79,417.80 6 BITUMINOUS MATERIAL FOR FOG SEAL SY 141000 0.30 132363 $39,708.90 7 4" SOLID LINE PAINT LF 2600 0.25 18856 $4,714.00 8 4" DOUBLE SOLID LINE, PAINT LF 9200 0.50 6721 $3,360.50 9 4" BROKEN LINE, PAINT LF 1850 0.25 1599 $399.75 10 24" SOLID LINE, PAINT LF 700 3.60 712.5 $2,565.00 11 PAVEMENT MESSAGE, PAINT SF 170 6.00 254.64 $1,527.84 12 CROSSWALK MARKING, 3'X6' BLOCKS, WHITE PAINT SF 1000 4.20 1116 $4,687.20 TOTAL - BASE BID $250,581.79 ALTERNATE #1 - REMOVE EXISTING ROADWAY MARKINGS - PAINT 14 REMOVE EXISTING ROADWAY STRIPING - PAINT LF 18098 1.00 22883 $22,883.00 15 REMOVE EXISTING ROADWAY PAVEMENT MARKINGS - PAINTSF 2128 3.71 1646 $6,106.66 TOTAL ALTERNATE #1 $28,989.66 TOTAL BASE BID $250,581.79 TOTAL ALTERNATE NO. 1 $28,989.66 TOTAL WORK COMPLETED TO DATE $279,571.45 193804728REQ3FINAL.xlsm PROJECT PAYMENT STATUS OWNER CONTRACTOR CHANGE ORDERS No.Date Description Amount Total Change Orders PAYMENT SUMMARY No.From To Payment Retainage Completed 1 08/01/2019 09/23/2019 2 09/24/2019 10/04/2019 3/Final 10/05/2019 11/07/2019 Material on Hand Total Payment to Date Original Contract $272,391.38 Retainage Pay No. 3/Final Change Orders Total Amount Earned Revised Contract $272,391.38 $279,571.45 $279,571.45 279,571.4513,978.58 279,571.45 CITY OF NEW HOPE PEARSON BROS., INC. STANTEC PROJECT NO. 193804728 CITY PROJECT NO. 1031 170,502.10 8,973.80 179,475.90 95,090.77 13,978.58 193804728REQ3FINAL.xlsm $0.00 $0.00 0.00 I:\RFA\HR & Admin Svcs\Human Resources\2020\Q&R LELS #77 Contract.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: HR & Admin Services By: Rich Johnson, Director Agenda Title Resolution ratifying the 2020-2022 labor agreement with Law Enforcement Labor Services (LELS) Local #77 Requested Action Staff recommends ratification of the 2020-2022 labor agreement with LELS Local #77 which is comprised of the police officers in the city of New Hope. Policy/Past Practice Management staff negotiates with labor representatives, attempting to reach an agreement that meets both the needs of the city and the covered employees. If an agreement cannot be reached, the next step is third- party mediation. If agreement were still not reached, the matter would proceed to binding arbitration. Background After receiving a proposal from LELS #77 and meeting with LELS #77 representatives on September 25 and on November 26, a Tentative Agreement was reached between the city and LELS #77. The Tentative Agreement was ratified by the union membership, however at the closed session on December 16 it was not supported and the city council directed staff to return to the bargaining table. Staff has since met with union leadership, a second tentative agreement was reached and a consensus of the city council indicated their approval. A summary of the agreement is as follows:  A three-year agreement which includes a 3.0% across the board wage increase effective January 6, 2020, a 3.0% across the board wage increase effective January 5, 2021, and a 3.0% across the board wage increase effective January 4, 2022.  Creation of shift differential pay for officers between 7:00 p.m. and 7:00 a.m.  Renewal of all Memorandums of Understanding between the union and the city. Funding The personnel costs resulting from this agreement have been included in the proposed 2020 budget. Attachment  Resolution Agenda Section Consent Item Number 6.14 City of New Hope Resolution No. 2020 - ___ Resolution ratifying the 2020 - 2022 Labor Agreement with LELS #77 WHEREAS, Law Enforcement Labor Services, Inc. (L.E.L.S.), as bargaining representative for licensed peace officers who are employees of the City of New Hope Police Department, has presented to the City of New Hope various requests relating to the wages of employees in the police officer job classification; and WHEREAS, the City of New Hope has presented to the designated representatives of L.E.L.S. various requests relating to the wages of employees in the police officer jo b classification of the Police Department of the City of New Hope; and WHEREAS, Representatives of the union and the city have met and negotiated regarding the requests of the union and the city; and WHEREAS, Agreement has now been reached between representatives of the two parties on the proposed changes to the existing agreement between the city and the union. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope that the 2020 - 2022 Labor Agreement between the city of New Hope and the L.E.L.S. #77 is ratified. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of January, 2020. Mayor Attest: City Clerk I:\RFA\HR & Admin Svcs\Human Resources\2020\Q&R LELS 273.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: HR & Admin Services By: Rich Johnson, Director Agenda Title Resolution ratifying the 2020-2022 labor agreement with Law Enforcement Labor Services (LELS) Local #273 Requested Action Staff recommends ratification of the 2020-2022 labor agreement with LELS Local #273 which is comprised of the police supervisors (sergeants and captains) in the city of New Hope. Policy/Past Practice Management staff negotiates with labor representatives, attempting to reach an agreement that meets both the needs of the city and the covered employees. If an agreement cannot be reached, the next step is third - party mediation. If agreement were still not reached, the matter would proceed to binding arbitration. Background Staff met with LELS #273 leadership (December 4, December 12, December 27, 2019 and January 8, 2020), to negotiate a labor contract for 2020 and beyond. Information was shared with the city council at a closed session on January 6, 2020 where council indicated their general approval and a Tentative Agreement is expected to be ratified by the union membership before the Council meeting. A summary of the agreement is as follows: A three-year agreement which includes a 3.0% across the board wage increase effective January 6, 2020, a 3.0% across the board wage increase effective January 5, 2021, and a 3.0% across the board wage increase effective January 4, 2022. Creation of shift differential pay ($0.60/hour) for sergeants between 7:00 p.m. and 7:00 a.m. Funding The personnel costs resulting from this agreement have been included in the proposed 20 20 budget. Attachment Resolution Agenda Section Consent Item Number 6.15 City of New Hope Resolution No. 2020 - ___ Resolution ratifying the 2020 - 2022 Labor Agreement with LELS #273 WHEREAS, Law Enforcement Labor Services, Inc. (L.E.L.S.), as bargaining representative for licensed peace officers who are employees of the City of New Hope Police Department, has presented to the City of New Hope various requests relating to the wages of employees in the police officer job classification; and WHEREAS, the City of New Hope has presented to the designated representatives of L.E.L.S. various requests relating to the wages of employees in the police officer job classification of the Police Department of the City of New Hope; and WHEREAS, Representatives of the union and the city have met and negotiated regarding the requests of the union and the city; and WHEREAS, Agreement has now been reached between representatives of the two parties on the proposed changes to the existing agreement between the city and the union. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope that the 2020 - 2022 Labor Agreement between the city of New Hope and the L.E.L.S. #273 is ratified. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of January, 2020. Mayor Attest: City Clerk I:\RFA\P&R\Pool and Civic Center Pk Projects\2020\Change Orders\Pool Change Order 6 - 1.13.20\Q&R - Pool Change Order No. 6.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director Agenda Title Resolution approving Change Order No. 6 in the amount of $4,827.35 with Donlar Construction Company for the pool construction project (Improvement Project No. 995) Requested Action Staff requests that the City Council approve change order no. 6 to the contract for the pool construction project (improvement project no. 995) in the amount of $4,827.35. The City Council discussed the change order details at the December work session. Dan Boyum will be in attendance to respond to any questions regarding the change order. Policy/Past Practice The City Council considers change orders when unforeseen circumstances arise or changes are recommended for a city project. Background The City Council awarded a construction contract to Donlar Construction Company at the March 25, 2019 council meeting in the amount of $11,350,275. Stantec Engineers are providing oversight and regular construction updates are being presented to Council. Since the start of the project, the following change orders have been approved: Change Order Date Item Amount Change Order #1 – 5/28/19 Risk Insurance, Proposal Request 1 $11,618 Change Order #2 – 7/22/19 MN Department of Health Pool code review items (additional exit ladder, transition tile stripe near ramp, floor anchor and cement work near drop slide) $ 6,297 Change Order #3 – 8/26/19 Perimeter fence gates; cemetery fence and gate; bathhouse door closures $11,866 Change Order #4 – 10/14/19 Department of Labor & Industry Review changes (adding downspout storm drainage piping and fittings around the bathhouse and testing, resizing some hot water pipe sizes, replacing some fittings, and resizing some vent pipes $24,431 Change Order #5 – 10/2/19 Water Connections for the Concession Building and a Recirculation Line – Bathhouse Building $8,535 Agenda Section Consent Item Number 6.16 Request for Action, Page 2 At the December work session, city engineer Boyum was present for the monthly update and discussed upcoming change orders including the items for change order no. 6, which total $4,827.35. Stantec staff worked with Donlar to obtain quotes to complete the identified work. Concrete Footings for Umbrellas: Staff is interested in using two existing shade umbrellas from the old pool and will purchase new fabric and sleeves. The umbrellas will be reinstalled in the concession deck area and will need concrete footings. Damper Access Panel: In the bathhouse, access to the damper is located in the wall and is too small based on a recent HVAC inspection. A ceiling access has been approved by the building official. Network Control Cabinet: The final sizes for various equipment provided by the contractor is resulting in room restrictions for the electrical room in the mechanical building. A meeting was held with the contractor, engineer, and staff to discuss options. Staff’s preference was not to move any equipment to the storage room since this would decrease the space available for storage and it would allow for less controlled access to network or electrical components. A smaller control cabinet will work for the equipment needed in the room and will allow for mounting the cabinet off the floor. Tree Stump Removal: Donlar removed 3 tree stumps as well as electrical related waste material/etc. that could not be done by the demolition contractor due to the Xcel transformer needing to stay in place. This item was deducted from the Veit contract. Also, some existing city hall piping was found in this area, but that removal will be paid for under bid unit prices. Delete Handholes and Data Raceway: Some handholes, wire, and associated work was eliminated after further review with the Pool and Park Contractor and also due to the final shop drawing review of the climbing wall. Pool change order no. 6 includes the addition, as follows: Concrete Footings for Umbrellas $4,070.00 Add Damper Access Panel $1,103.00 Add Network Control Cabinet -$545.00 Deduct Tree Stump Removal $1,759.35 Add Delete Handholes and Data Raceway -$1,560.00 Deduct Total Pool Change Order No. 6 $4,827.35 The change order increases the contract amount from $11,413,022 to $11,417,849.35. The remaining construction contingency after this change order is approximately $167,900, which takes into account the legal, permit and publication fees to date. Staff recommends approval of the resolution approving the change order. Request for Action, Page 3 Attachments Resolution Letter from Dan Boyum, City Engineer Change Order No. 6 City of New Hope Resolution No. 2020 - Resolution approving Change Order No. 6 in the amount of $4,827.35 with Donlar Construction Company for the pool construction project (Improvement Project No. 995) WHEREAS, the city has received the request for change order no. 6 from Stantec Consulting Services for Donlar Construction Company relating to the contract for the pool construction project (Improvement Project No. 995) in the amount of $4,827.35; and WHEREAS, the items in change order no. 6 includes the addition of two concrete footings for umbrellas near the concession building, the addition of a damper access panel in the ceiling of the bathhouse, the removal of three tree stumps as well as electrical related waste material, and credits for a smaller network control cabinet and the removal of some handholes and data raceway; and WHEREAS, the City Council reviewed the upcoming change order items with city engineer Dan Boyum at the December work session; and WHEREAS, the original contract with Donlar Construction Company was in the amount of $11,350,275 and the Stantec budget included a $321,824.98 contingency; and WHEREAS, at the May 28, 2019 city council meeting change order no. 1 was approved in the amount of $11,618, which increased the contract amount to $11,361,893 and decreased the contingency to $310,206.98; and WHEREAS, at the July 22, 2019 city council meeting change order no. 2 was approved in the amount of $6,297, which increased the contract amount to $11,368,190 and decreased the contingency to $302,916.50; and WHEREAS, at the August 26, 2019 city council meeting change order no. 3 was approved in the amount of $11,866, which increased the contract amount to $11,380,056 and decreased the contingency to $291,050.50; and WHEREAS, at the October 14, 2019 city council meeting change order no. 4 was approved in the amount of $24,431, which increased the contract amount to $11,404,487 and decreased the contingency to $266,619.50; and WHEREAS, at the October 28, 2019 city council meeting change order no. 5 was approved in the amount of $8,535, which increased the contract amount to $11,413,022 and decreased the contingency to $258,084.50; and WHEREAS, change order no. 6 increases the contract amount to $11,417,849.35 and the construction contingency is reduced to approximately $167,900; and WHEREAS, Stantec Consulting Services and staff recommend approval of the change order. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope that change order no. 6 to the Donlar Construction Company contract is approved in the amount of $4,827.35 and that all other respects of the contract shall remain in full force and effect according to its terms. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 13th day of January, 2020. ______________________________ Mayor Attest: ________________________ City Clerk January 7, 2020 File:193804337 Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402 Attention: Susan Rader Director of Parks and Recreation City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Change Order No. 6 – New Hope Outdoor Pool City Project No: 995 Dear Susan, Several future change orders were discussed at past work sessions including the December 16, 2019 City Council Work Session. We have prepared Change Order No. 6 to compensate Donlar Construction Company for the following five items: 1.Concrete Footings for Umbrellas: This Change Order item includes modifications included in Proposal Request No. 11 associated with the Contractor adding two (2) - 30" x 60" deep concrete footings and installing two (2) owner supplied sleeves for existing shade umbrellas that will be reinstalled in the concession deck area. 2.Damper Access Panel:This Change Order item includes modifications included in Proposal Request No. 9R associated with the Contractor adding a damper access panel in the ceiling of the staff restroom in the bathhouse. 3.Network Control Cabinet:This Change Order item includes a credit for modifications included in Proposal Request No. 8 associated with the Contractor installing a smaller network control cabinet than originally specified in the electrical room of the mechanical building as part of review of equipment sizes and layout. 4.Tree Stump Removal:This Change Order item includes removal of three (3) tree stumps and electrical related waste material associated with the existing Xcel transformer area near the old city hall. 5.Delete Handholes and Data Raceway:This Change Order item includes a credit for modifications included in Proposal Request No. 10 associated with eliminating handholes, wire, and other related work for the climbing wall and data raceway. January 7, 2020 Susan Rader Page 2 of 2 Reference: Change Order No. 6 – New Hope Outdoor Pool No.Item Total Amount 1 Concrete Footings for Umbrellas $4,070.00 2 Damper Access Panel $1,103.00 3 Network Control Cabinet ($545.00) 4 Tree Stump Removal $1,759.35 5 Delete Handholes and Data Raceway ($1,560.00) TOTAL CHANGE ORDER NO.6:$4,827.35 If you have any questions or require further information, please call me at (612) 712-2021. Sincerely, STANTEC CONSULTING SERVICES INC. Dan D. Boyum, P.E. Attachments: ·New Hope Outdoor Pool – Change Order No. 6 – Change Order ·Various Donlar Proposals Related to Change Order No. 6 Cc: Kirk McDonald, Valorie Leone, Jeff Sargent, Bernie Weber – New Hope; Stacy Woods – City Attorney; Bruce Paulson, Jeff Ehleringer, Lucas Miller, Ann Dienhart – Stantec. Document G701TM – 2017 Change Order AIA Document G701™ – 2017.Copyright © 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved.WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:04:12 CT on 01/08/2020 under Order No. 7179749022 which expires on 02/04/2020, and is not for resale. User Notes: (3B9ADA4B) 1 PROJECT:(Name and address)CONTRACT INFORMATION:CHANGE ORDER INFORMATION: New Hope Outdoor Pool Contract For: New Hope Outdoor Pool.Change Order Number: 006 193804337, Client No. 995 Date: 3/26/19 Date: 1/7/20 OWNER:(Name and address)ARCHITECT:(Name and address)CONTRACTOR:(Name and address) City of New Hope Stantec Donlar Construction Co. THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) Change Order No. 6 provides for: Item 1: This Change Order item includes modifications included in Proposal Request No. 11 associated with the Contractor adding two (2) - 30" x 60" deep concrete footings and installing two (2) owner supplied sleeves for existing shade umbrellas that will be reinstalled in the concession deck area. $4,070.00 Item 2: This Change Order item includes modifications included in Proposal Request No. 9R associated with the Contractor adding a damper access panel in the ceiling of the staff restroom in the bathhouse. $1,103.00 Item 3: This Change Order item includes a credit for modifications included in Proposal Request No. 8 associated with the Contractor installing a smaller network control cabinet than originally specified in the electrical room of the mechanical building as part of review of equipment sizes and layout. ($545.00) Item 4: This Change Order item includes removal of three (3) tree stumps and electrical related waste material associated with the existing Xcel transformer area near the old city hall. $1,759.35 Item 5: This Change Order item includes a credit for modifications included in Proposal Request No. 10 associated with eliminating handholes, wire, and other related work for the climbing wall and data raceway. ($1,560.00) The original Contract Sum was $11,350,275.00 The net change by previously authorized Change Orders $62,747.00 The Contract Sum prior to this Change Order was $11,413,022.00 The Contract Sum will be increased by this Change Order in the amount of $4,827.35 The new Contract Sum including this Change Order will be $11,417,849.35 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be No change NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Stantec Consulting, Inc.Donlar Construction Company City of New Hope ARCHITECT (Firm name)CONTRACTOR (Firm name)OWNER (Firm name) SIGNATURE SIGNATURE SIGNATURE PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE DATE DATE Date January 7, 2020 Bond No: 106990235 Description of Work No.Item Unit Quantity Price Amount CHANGE ORDER NO. 6 1 Concrete Footings for Umbrellas LS 1 $4,070.00 $4,070.00 2 Damper Access Panel LS 1 $1,103.00 $1,103.00 3 Network Control Cabinet LS 1 ($545.00)($545.00) 4 Tree Stump Removal LS 1 $1,759.35 $1,759.35 5 Delete Handholes and Data Raceway LS 1 ($1,560.00)($1,560.00) TOTAL CHANGE ORDER NO. 6:$4,827.35 Owner: City of New Hope,4401 Xylon Avenue North , New Hope, MN, 55428 Contractor: Donlar Construction Company, 550 Shoreview Park Road, Shoreview, MN 55126 CHANGE ORDER NO. 6 NEW HOPE OUTDOOR POOL CLIENT PROJECT NO. 995 Item 5: This Change Order item includes a credit for modifications included in Proposal Request No. 10 associated with eliminating handholes, wire, and other related work for the climbing wall and data raceway. STANTEC FILE NO. 193804337 Change Order No. 6 provides for: Bond Co: Travelers Casualty and Surety Company of America One Tower Square, 2SHS, Hartford, CT 06183 Item 1:This Change Order item includes modifications included in Proposal Request No. 11 associated with the Contractor adding two (2) - 30" x 60" deep concrete footings and installing two (2) owner supplied sleeves for existing shade umbrellas that will be reinstalled in the concession deck area. Item 2:This Change Order item includes modifications included in Proposal Request No. 9R associated with the Contractor adding a damper access panel in the ceiling of the staff restroom in the bathhouse. Item 3:This Change Order item includes a credit for modifications included in Proposal Request No. 8 associated with the Contractor installing a smaller network control cabinet than originally specified in the electrical room of the mechanical building as part of review of equipment sizes and layout. Item 4:This Change Order item includes removal of three (3) tree stumps and electrical related waste material associated with the existing Xcel transformer area near the old city hall. 193804337CO6.xlsm Original Contract Amount $11,350,275.00 Previous Change Orders $62,747.00 This Change Order $4,827.35 Revised Contract Amount (including this change order)$11,417,849.35 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date):June 5, 2020 Ready for final Payment (days or date):August 28, 2020 Increase of this Change Order: Substantial Completion (days or date):0 Ready for final Payment (days or date):0 Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Date: See Cover Sheet Approved by Contractor:Approved by Owner: DONLAR CONSTRUCTION COMPANY CITY OF NEW HOPE See Cover Sheet See Cover Sheet Date Date cc: Owner Contractor Stantec Consulting Services Inc. 193804337CO6.xlsm Dan Boyum Stantec Consulting Services 733 Marquette Ave. Suite 1000 Minneapolis, MN 55402 RE:637- New Hope Outdoor Pool 4401 Xylon Avenue North New Hope, MN 55428 Dear Mr. Boyum: We are writing to inform you of the following changes described below: DONLAR PCO NO. 46: PR #11 - Shade structure footing Total Add (Deduct) Due to the above changes, we require the contract time to be increased by:Zero (0) Days THIS CHANGE ORDER REQUEST SUPERCEDES ALL OTHER SUBMITTED TO DATE FOR THIS ISSUE. Sincerely, DONLAR CONSTRUCTION COMPANY APPROVED BY: Jon Polzin Name Date Assistant Project Manager Encl:Donlar PCO Recap Sheet CC:Eric Goebel, Project Superintendent Subcontractor Quote(s)Kevin Bohrer, Senior Project Manager PCO File If approved, please sign and return this form at the earliest possible date to avoid project delays. If you have any questions regarding this item, please contact me. The above change in scope has additional costs. The attached cost breakdown has been included to allow review of the change and any additional information has been attached for reference. We would appreciate the incorporation of this item into the next change order processed by your office. Only the items and quantities listed within our breakdown will become part of any accepted change order. December 9, 2019 $ 4,070 PROJECT DONLAR PCO NO.46 LOCATION SHEET NO.1 SUBJECT DATE 09-Dec-19 JP JP CHECKED BY KB QTY UoM UNIT LABOR MAT'L EQUIP SUBS TOTALS PRICE 1 Project Manager 2.0 HR 100.00 200.00 200.00 2 Superintendent 2.0 HR 100.00 200.00 200.00 3 Cement Finisher HR 95.78 - - 4 Carpenter 16.0 HR 97.95 1,567.20 1,567.20 5 Laborer 8.0 HR 89.42 715.36 715.36 6 - 7 - 8 Mesh Reinforcement 1.0 LS 100.00 100.00 100.00 9 PVC 1.0 LS 50.00 50.00 10 Concrete Material 2.0 CY 145.00 290.00 290.00 11 Small load charge 1.0 LS 200.00 200.00 12 Sonotube 30"x12'1.0 LS 130.00 130.00 13 Equipment Auger Rental 61.00 61.00 14 Bobcat Rental 150.00 150.00 15 16 - 17 - 18 - 19 - 20 - 21 - 22 - 23 - 24 - 25 - 26 - 27 - 28 - 29 - 30 - 31 - 32 - 33 - 34 SUBTOTALS 2,682.56 770.00 211.00 - 3,663.56 35 Donlar Cosntruction OH&P rates 10%10%10%10% 36 Donlar Construction OH&P values 268.26 77.00 21.10 - 366.36 37 2,950.82 847.00 - 4,029.92 38 Bond 1%40.30 39 40 TOTAL NET CHANGE 4,070.22 SUMMARY BY PRICES BY PENDING CHANGE ORDER RECAPITULATION SHEET 637- New Hope Outdoor Pool 4401 Xylon Avenue North, New Hope, MN 55428 PR #11 - Shade structure footing PR/CCD/ASI DESCRIPTION 6 3 I N F T 6 3 I N F T 1 0 2 I N F T X X X X X X X X X X X > > > > > > > > > > > > > > > > > > l l l l l l > > > > LAYOUT 20' SHADE UMBRELLA LOCATIONS 18'-4" 1 8 ' N02040 8 ' #BASE SLEEVE DETAIL NO SCALE 1'-0" GRAN FILL, 95% MIN COMPACTION 5' - 0 " 5" 1'-0"2'-6"1'-0" 4'-6" EXP MAT'L & SLNT - TYP 1' - 0 " MI N B A SLEEVE SUPP AS NEC SLEEVE EMBED - CENTERED 2'-6"∅ CONC PIER W/ 1'-6"∅ x 5" MIN CAP 5 ' - 0 " M I N 5'-0 "M I N ADD'L 6x6-W2.9xW2.9 AT 45° TO SLAB REINF 5" DECK SLAB - SEE CIVIL/POOL DWGS NOTE - RED TAPE PROVIDED WITH SLEEVE INDICATES FINISHED GRADE ELEVATION 1 1 MIN PIER BELOW6" 1/2" WEEP HOLE IN OWNER PROVIDED SLEEVE PROVIDE 3" OR 4" PVC PIPE CAST IN FOOTING BENEATH SLEEVE 9"9" Dan Boyum Stantec Consulting Services 733 Marquette Ave. Suite 1000 Minneapolis, MN 55402 RE:637- New Hope Outdoor Pool 4401 Xylon Avenue North New Hope, MN 55428 Dear Mr. Boyum: We are writing to inform you of the following changes described below: DONLAR PCO NO. 44: PR #9R - Add Access Panel in Staff Restroom Total Add (Deduct) Due to the above changes, we require the contract time to be increased by:Zero (0) Days THIS CHANGE ORDER REQUEST SUPERCEDES ALL OTHER SUBMITTED TO DATE FOR THIS ISSUE. Sincerely, DONLAR CONSTRUCTION COMPANY APPROVED BY: Jon Polzin Name Date Assistant Project Manager Encl:Donlar PCO Recap Sheet CC:Eric Goebel, Project Superintendent Subcontractor Quote(s)Kevin Bohrer, Senior Project Manager PCO File If approved, please sign and return this form at the earliest possible date to avoid project delays. If you have any questions regarding this item, please contact me. The above change in scope has additional costs. The attached cost breakdown has been included to allow review of the change and any additional information has been attached for reference. We would appreciate the incorporation of this item into the next change order processed by your office. Only the items and quantities listed within our breakdown will become part of any accepted change order. December 9, 2019 $ 1,103 PROJECT DONLAR PCO NO.44 LOCATION SHEET NO.1 SUBJECT DATE 09-Dec-19 JP JP CHECKED BY KB QTY UoM UNIT LABOR MAT'L EQUIP SUBS TOTALS PRICE 1 Project Manager 2.0 HR 100.00 200.00 200.00 2 Superintendent 2.0 HR 100.00 200.00 200.00 3 Cement Finisher HR 95.78 - - 4 Carpenter 5.0 HR 97.95 489.75 489.75 5 Laborer HR 89.42 - - 6 - 7 - 8 Access Panel 103.22 103.22 9 - 10 - 11 - 12 - 13 - 14 - 15 16 - 17 - 18 - 19 - 20 - 21 - 22 - 23 - 24 - 25 - 26 - 27 - 28 - 29 - 30 - 31 - 32 - 33 - 34 SUBTOTALS 889.75 103.22 - - 992.97 35 Donlar Cosntruction OH&P rates 10%10%10%10% 36 Donlar Construction OH&P values 88.98 10.32 - - 99.30 37 978.73 113.54 - 1,092.27 38 Bond 1%10.92 39 40 TOTAL NET CHANGE 1,103.19 PR #9R - Add Access Panel in Staff Restroom PR/CCD/ASI DESCRIPTION SUMMARY BY PRICES BY PENDING CHANGE ORDER RECAPITULATION SHEET 637- New Hope Outdoor Pool 4401 Xylon Avenue North, New Hope, MN 55428 Dan Boyum Stantec Consulting Services 733 Marquette Ave. Suite 1000 Minneapolis, MN 55402 RE:637- New Hope Outdoor Pool 4401 Xylon Avenue North New Hope, MN 55428 Dear Mr. Boyum: We are writing to inform you of the following changes described below: DONLAR PCO NO. 37: Proposal Request #8 and RFI #60 Credit Total Add (Deduct) Due to the above changes, we require the contract time to be increased by:Zero (0) Days THIS CHANGE ORDER REQUEST SUPERCEDES ALL OTHER SUBMITTED TO DATE FOR THIS ISSUE. Sincerely, DONLAR CONSTRUCTION COMPANY APPROVED BY: Jon Polzin Name Date Assistant Project Manager Encl:Donlar PCO Recap Sheet CC:Eric Goebel, Project Superintendent Subcontractor Quote(s)Kevin Bohrer, Senior Project Manager PCO File If approved, please sign and return this form at the earliest possible date to avoid project delays. If you have any questions regarding this item, please contact me. The above change in scope has additional costs. The attached cost breakdown has been included to allow review of the change and any additional information has been attached for reference. We would appreciate the incorporation of this item into the next change order processed by your office. Only the items and quantities listed within our breakdown will become part of any accepted change order. November 21, 2019 $ (545) PROJECT DONLAR PCO NO.37 LOCATION SHEET NO.1 SUBJECT DATE 21-Nov-19 JP JP CHECKED BY KB QTY UoM UNIT LABOR MAT'L EQUIP SUBS TOTALS PRICE 1 Project Manager 2.0 HR 100.00 200.00 200.00 2 Superintendent 2.0 HR 100.00 200.00 200.00 3 Cement Finisher HR 95.78 - - 4 Carpenter HR 97.95 - - 5 Laborer HR 89.42 - - 6 - 7 - 8 Klein Electric (985.00) (985.00) 9 - 10 - 11 - 12 - 13 - 14 - 15 16 - 17 - 18 - 19 - 20 - 21 - 22 - 23 - 24 - 25 - 26 - 27 - 28 - 29 - 30 - 31 - 32 - 33 - 34 SUBTOTALS 400.00 - - (985.00) (585.00) 35 Donlar Cosntruction OH&P rates 10%10%10%10% 36 Donlar Construction OH&P values 40.00 - - 40.00 37 440.00 - (985.00) (545.00) 38 Bond 1% 39 40 TOTAL NET CHANGE (545.00) Proposal Request #8 and RFI #60 Credit PR/CCD/ASI DESCRIPTION SUMMARY BY PRICES BY PENDING CHANGE ORDER RECAPITULATION SHEET 637- New Hope Outdoor Pool 4401 Xylon Avenue North, New Hope, MN 55428 CHANGE ORDER JOB #4571 JOB PAGE 100 Page 1 CO #905 CO PAGE 905 DATE 10/18/2019 JOB DESC New Hope Outdoor Pool CUSTOMER JOB LOC 4411 Xylon Av N New Hope MN 55428-4843 CONTACT PHONE 651-227-0631 DONLAR CONSTRUCTION COMPANY 550 SHOREVIEW PARK RD SHOREVIEW MN 55126 Proposal Request #08 Electrical B102 Layout Change Network Rack Change Add receptacle and DATA to concessions room. Network Rack & DATA Outlet / All State Communications Credit -1688.00 Material (pipe, wire, boxes, etc)98.00 10% Material overhead & profit 10.00 Labor 3hrs @ $85 255.00 Klein Project Management 4hrs @ $85 340.00 We Propose hereby to furnish material and labor - complete in accordance with these specifications for the sum of:-985.00 Minus Nine Hundred Eighty Five Dollars And 00 Cents Payable as follows: Authorized Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Note: This Change Order may be withdrawn by us if not accepted within 0 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays are beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workman’s Compensation Insurance. ACCEPTANCE OF CHANGE ORDER - The Prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature:. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Date:. . . . . . . . .Signature:. . . . . . . . . . . . . . . . .Date:. . . . . . . . . . . We Propose hereby to furnish material and labor - complete in accordance with these specifications for the sum of:-985.00 Minus Nine Hundred Eighty Five Dollars And 00 Cents Payable as follows: Authorized Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Note: This Change Order may be withdrawn by us if not accepted within 0 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays are beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workman’s Compensation Insurance. ACCEPTANCE OF CHANGE ORDER - The Prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature:. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Date:. . . . . . . . .Signature:. . . . . . . . . . . . . . . . .Date:. . . . . . . . . . . 5114 Marson Drive Sauk Rapids, MN 56379 320.203.1511 Phone 320.203.1510 Fax 2611 Hamline Avenue North Roseville, MN 55113 651.636.7200 Phone 651.636.7201 Fax 5602 36th Street South Fargo, ND 58104 701.373.1001 Phone 701.373.0199 Fax www.allstatecom.com November 21, 2019 To: Mr. Dennis Schafer Klein Electric Project Manager 24729 Lake Rd St. Cloud, MN 56301 Re: NEW HOPE OUTDOOR POOL 995 PROPOSAL REQUEST NO 8 Address 4411 Xylon Ave. N New Hope, MN 55428 PR NO 8 – Sheet EA101 (ISSUED) 1. Revise plan to add one (1) new GFCI type receptacle and one (1) new voice/data jack on the north wall of Concessions Room A101 as indicated. Sheet EB301 (ISSUED) 2. The network rack shall be changed to a wall mounted swinging rack with dimensions of 24"Wx36"Dx48"H. The racks location shall be as indicated and shall be wall mounted above the vfds. REPLACE PANDUIT CABINET PART# N8212BE INSTALL HOFFMAN WALL MOUNT CABINET PART# EWMW482436 INSTALL ONE NEW OUTLET – 2 DATA CABLES TOTAL PR NO 8 PROPOSED CREDIT: $1,688.00 Thank you, Bob Burt Account Manager All State Communications – Roseville Office 651-636-7200 x207 Bob.burt@allstatecom.com Dan Boyum Stantec Consulting Services 733 Marquette Ave. Suite 1000 Minneapolis, MN 55402 RE:637- New Hope Outdoor Pool 4401 Xylon Avenue North New Hope, MN 55428 Dear Mr. Boyum: We are writing to inform you of the following changes described below: DONLAR PCO NO. 50: Trash, Tree Stump Removal at old transformer Total Add (Deduct) Due to the above changes, we require the contract time to be increased by:Zero (0) Days THIS CHANGE ORDER REQUEST SUPERCEDES ALL OTHER SUBMITTED TO DATE FOR THIS ISSUE. Sincerely, DONLAR CONSTRUCTION COMPANY APPROVED BY: Jon Polzin Name Date Assistant Project Manager Encl:Donlar PCO Recap Sheet CC:Eric Goebel, Project Superintendent Subcontractor Quote(s)Kevin Bohrer, Senior Project Manager PCO File If approved, please sign and return this form at the earliest possible date to avoid project delays. If you have any questions regarding this item, please contact me. The above change in scope has additional costs. The attached cost breakdown has been included to allow review of the change and any additional information has been attached for reference. We would appreciate the incorporation of this item into the next change order processed by your office. Only the items and quantities listed within our breakdown will become part of any accepted change order. December 11, 2019 $ 1,759 PROJECT DONLAR PCO NO.50 LOCATION SHEET NO.1 SUBJECT DATE 11-Dec-19 JP JP CHECKED BY KB QTY UoM UNIT LABOR MAT'L EQUIP SUBS TOTALS PRICE 1 Project Manager HR 100.00 - - 2 Superintendent HR 100.00 - - 3 Cement Finisher HR 95.78 - - 4 Carpenter HR 97.95 - - 5 Laborer HR 89.42 - - 6 - 7 - 8 Quade - 9 Electrical and Garbage Removal 940.00 940.00 10 - 11 - 12 - 13 Quade - 14 Tree Stump Removal 645.00 645.00 15 16 - 17 - 18 - 19 - 20 - 21 - 22 - 23 - 24 - 25 - 26 - 27 - 28 - 29 - 30 - 31 - 32 - 33 - 34 SUBTOTALS - - - 1,585.00 1,585.00 35 Donlar Cosntruction OH&P rates 10%10%10%10% 36 Donlar Construction OH&P values - - - 158.50 158.50 37 - - 1,743.50 1,743.50 38 Bond 1%15.85 39 40 TOTAL NET CHANGE 1,759.35 Trash, Tree Stump Removal at old transformer PR/CCD/ASI DESCRIPTION SUMMARY BY PRICES BY PENDING CHANGE ORDER RECAPITULATION SHEET 637- New Hope Outdoor Pool 4401 Xylon Avenue North, New Hope, MN 55428 Quad E Companies, Inc. 23130 Woodland Ridge Dr Lakeville, MN 55044 612-462-0629 QuadECompanies@gmail.com 11/22/19 Please see the following change order work performed at the New Hope Pool in New Hope, MN by Quad E Companies, Inc. TOTAL: $2,472.50 11/20/19 - Vortex Pool Dig •Additional CB removal - 3-2 Unit Price $887.50 •Electrical and Garbage left in hole from transformer - $940 •2Hrs CAT 336 - $215/Hr •2Hrs CAT 299 - $155/Hr •2Hrs Labor - $100/hr •Tree stumps - $645 •2Hrs Frost Tooth - $225/Hr •1Hr Trucking - $95/Hr •Disposal Costs - $100 Quad E Companies, Inc is an afﬁrmative action, equal opportunity employer Quad E Companies Inc is a certiﬁed DBE/WBE Business, MN Targeted Group Wmn Owned Business (0000950860) & Central Cert Wmn Owned Business (2016-20436449) Dan Boyum Stantec Consulting Services 733 Marquette Ave. Suite 1000 Minneapolis, MN 55402 RE:637- New Hope Outdoor Pool 4401 Xylon Avenue North New Hope, MN 55428 Dear Mr. Boyum: We are writing to inform you of the following changes described below: DONLAR PCO NO. 47: Proposal Request #10 Credit Total Add (Deduct) Due to the above changes, we require the contract time to be increased by:Zero (0) Days THIS CHANGE ORDER REQUEST SUPERCEDES ALL OTHER SUBMITTED TO DATE FOR THIS ISSUE. Sincerely, DONLAR CONSTRUCTION COMPANY APPROVED BY: Jon Polzin Name Date Assistant Project Manager Encl:Donlar PCO Recap Sheet CC:Eric Goebel, Project Superintendent Subcontractor Quote(s)Kevin Bohrer, Senior Project Manager PCO File If approved, please sign and return this form at the earliest possible date to avoid project delays. If you have any questions regarding this item, please contact me. The above change in scope has additional costs. The attached cost breakdown has been included to allow review of the change and any additional information has been attached for reference. We would appreciate the incorporation of this item into the next change order processed by your office. Only the items and quantities listed within our breakdown will become part of any accepted change order. November 21, 2019 $ (1,560) PROJECT DONLAR PCO NO.47 LOCATION SHEET NO.1 SUBJECT DATE 21-Nov-19 JP JP CHECKED BY KB QTY UoM UNIT LABOR MAT'L EQUIP SUBS TOTALS PRICE 1 Project Manager HR 100.00 - - 2 Superintendent HR 100.00 - - 3 Cement Finisher HR 95.78 - - 4 Carpenter HR 97.95 - - 5 Laborer HR 89.42 - - 6 - 7 - 8 Klein Electric (1,560.00) (1,560.00) 9 - 10 - 11 - 12 - 13 - 14 - 15 16 - 17 - 18 - 19 - 20 - 21 - 22 - 23 - 24 - 25 - 26 - 27 - 28 - 29 - 30 - 31 - 32 - 33 - 34 SUBTOTALS - - - (1,560.00) (1,560.00) 35 Donlar Cosntruction OH&P rates 10%10%10%10% 36 Donlar Construction OH&P values - - - - 37 - - (1,560.00) (1,560.00) 38 Bond 1% 39 40 TOTAL NET CHANGE (1,560.00) SUMMARY BY PRICES BY PENDING CHANGE ORDER RECAPITULATION SHEET 637- New Hope Outdoor Pool 4401 Xylon Avenue North, New Hope, MN 55428 Proposal Request #10 Credit PR/CCD/ASI DESCRIPTION CHANGE ORDER JOB #4571 JOB PAGE 100 Page 1 CO #906 CO PAGE 906 DATE 11/21/2019 JOB DESC New Hope Outdoor Pool CUSTOMER JOB LOC 4411 Xylon Av N New Hope MN 55428-4843 CONTACT PHONE 651-227-0631 DONLAR CONSTRUCTION COMPANY 550 SHOREVIEW PARK RD SHOREVIEW MN 55126 Proposal Request #10 Delete climbing wall handhole. Delete site 4 in DATA raceway. Handhole -130.00 4 IN PVC & Fittings -580.00 Labor 10hrs @ $85 -850.00 We Propose hereby to furnish material and labor - complete in accordance with these specifications for the sum of:-1560.00 Minus One Thousand Five Hundred Sixty Dollars And 00 Cents Payable as follows: Authorized Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Note: This Change Order may be withdrawn by us if not accepted within 0 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays are beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workman’s Compensation Insurance. ACCEPTANCE OF CHANGE ORDER - The Prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature:. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Date:. . . . . . . . .Signature:. . . . . . . . . . . . . . . . .Date:. . . . . . . . . . . We Propose hereby to furnish material and labor - complete in accordance with these specifications for the sum of:-1560.00 Minus One Thousand Five Hundred Sixty Dollars And 00 Cents Payable as follows: Authorized Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Note: This Change Order may be withdrawn by us if not accepted within 0 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays are beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workman’s Compensation Insurance. ACCEPTANCE OF CHANGE ORDER - The Prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature:. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Date:. . . . . . . . .Signature:. . . . . . . . . . . . . . . . .Date:. . . . . . . . . . . I:\RFA\P&R\PARKS\2020\#1040 - Begin Park\Authorize Plans and Specs\Q - Authorize plans and specs for Begin Park Playground.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director of Parks & Recreation Agenda Title Motion to authorize preparation of plans and specifications for playground improvements at Begin Park (Improvement Project No. 1040) Requested Action Staff is recommending that the City Council authorize the city engineer to prepare plans and specifications for improvements to the playground at Begin Park, located at 5407 Wisconsin Avenue North (Improvement Project No. 1040). It is anticipated that work would begin late spring with the majority of the project being completed by early summer. Background The playground equipment at Begin Park is currently the oldest playground in the New Hope parks system. It was last replaced in 1996 and was repainted in 2010. Last fall a mailing was sent to area residents to alert them to the possible project and to gather some initial information on what they would like to see included in the new playground. As part of the survey, neighbors were able to indicate if they would be interested in attending meetings to help pick out the equipment. This process has worked well in the past and staff appreciates the input from the neighbors. Following an order of events similar to past projects, staff and the city engineer would work with a representative from Flagship Recreation/Landscape Structures to develop two basic plans that would work well in the designated area of the park, incorporate wishes of the neighbors and stay within the budget. These plans would then be presented to the area residents for their consideration at a meeting with staff, the city engineer and interested CAC commissioners. Following the presentation of plans, the residents would be given the opportunity to provide input regarding the plan that they would most like to see implemented along with any minor modifications. Those changes would be incorporated into the design and a second meeting with the committee would take place. Staff would then bring the plan forward for Council approval. As has been discussed previously with Council, in 2011 staff started using a playground vendor who had a program to refurbish equipment. Landscape Structures, currently represented by Flagship Recreation, was the only playground equipment company to offer a program and they are also listed on the State of Minnesota Cooperative Purchasing Venture. In the long-term, using Landscapes Structures should enable staff to update a playground by re-using and updating some pieces of equipment or structure posts rather than replacing the entire playground structure. This only works with playgrounds that have existing Landscape Structures playgrounds. Begin Park will be the first playground replacement project that can incorporate the refurbish component. In addition to the playground container and equipment replacement, the sand base will be replaced with engineered wood fiber, which meets ADA requirements. A new Begin Park sign will also be installed. Agenda Section Development & Planning Item Number 8.1 Request for Action, Page 2 Funding This project is included in the 2020 CIP and the 2020 Park Infrastructure budget as shared with the Council during 2020 budget discussions. Funding of $200,000 is available in the Park Infrastructure Fund which is levy funded each year. Attachments 2020 CIP list Maps of Begin Park Pictures of existing equipment Survey summary and copies of returned surveys Year 2020 Total Cost Funding Source Project / Purchase Golf Course Ice Arena Park Infra Central Sewer Storm Water Street Infra Water MSA Grand Total Parks & Recreation Cgyms scoreboards 11,000 11,000 GC cash register 5,000 5,000 GC concession equipment 12,000 12,000 GC golf carts (2 of 5) 8,000 8,000 GC misc equipment 5,000 5,000 GC paint maintenance shop 10,000 10,000 GC parking lot - - GC security cameras 25,000 25,000 IA Levy 400,000 400,000 IA radiant heaters (North rink) 25,000 25,000 IA rebuild compressors 20,000 20,000 IA scoreboard (south rink) 25,000 25,000 IA security cameras 70,000 70,000 IA skate sharpening machine 20,000 20,000 IA system relief valves 5,000 5,000 Parks ballfield fencing 12,000 12,000 Parks Begin Park play equipment project 200,000 200,000 Parks concrete, trail work 75,000 75,000 Parks lighting improvements 75,000 75,000 Parks Lions Park parking lot - - Parks maintenance 121,000 121,000 Public works - CG Equipment - Central Garage Master Asset List 1,080,198 1,080,198 Public works - Sewer 2020 Infrastructure Improvements - Northwood East 100,000 100,000 2020 Line sewer pipes 350,000 350,000 Public works - Storm Water 2020 Infrastructure Improvements - Northwood East 190,000 190,000 Required TMDL projects 100,000 100,000 Public works - Street 169 and 42nd Ave Bridge Replacement 75,000 75,000 2020 Local Projects (Seal Coat & Crack/Fog Seal) 120,828 120,828 2020 Street Reconstruct - NW Parkway East & m/o Hidden Valley 2,218,002 2,218,002 GC parking lot 20,000 20,000 Parks Lion's Park lot seal coat/striping 30,000 30,000 Public works - Water 2020 Street Reconstruct - Northwood East 340,000 340,000 Winnetka Watermain - 27th to 29th 300,000 300,000 Grand Total 65,000 165,000 894,000 1,080,198 450,000 290,000 2,388,830 640,000 75,000 6,048,028 Begin Park 54th & Wisconsin Aves Existing playground equipment Begin Park Playground Improvement Survey Summary The City received 6 responses from local residents located in proximity to Begin Park. Four of the six residents that responded have lived in New Hope for less than 5 years and the other two have lived in New Hope for 14 and 17 years. The questions included whether or not residents wanted to participate in a panel to help select the playground equipment tentatively scheduled to be replaced in the park in 2020 and look at other possible improvements/amenities to the park for consideration. Residents were also asked who utilizes the park, how they utilize the park and what they like best about the park. Not all of the respondents answered all of the questions but the results are as follows.  Three (and one maybe) of the residents who responded are interested in participating in a panel to help chose the playground equipment and look at other possible improvements to the park. In general, residents enjoy the park because of its close proximity and open space. They liked that the park added green space to the neighborhood and the amenities that the park offered . The park gets used by a variety of different age groups: local kids, nieces and nephews and children of friends use the playground and the green space. Per the surveys, the green space gets used for walking dogs, playing soccer and baseball. The play equipment and tennis courts are used by children and the basketball court gets heavy use. Residents had concerns about:  At times the park feels unsafe (marijuana use).  Groups that gather to play basketball (fights, foul language)  The park stays wet after rain for some time. Residents who responded also utilize other parks in the city and surrounding communities including:  Elm Creek Park-Plymouth  French Park-Plymouth  Northwood Park-New Hope  Central Park-Maple Grove  Chain of Lakes-Minneapolis  Other city parks in route during biking trips to Eagle Lake in Plymouth Items residents would like to see as part of the playground improvement project…  Slides (traditional and tube)  Monkey bars  Suspension Bridge  Merry-go-round  Fire Pole  Updated Play Equipment-Separate equipment for younger and older children.  Zip Line  Swings  Climbing feature/rock wall/ropes Ideas for improving use of the green space…  Dog park-fencing  Additional seating and picnic areas including charcoal grills.  Additional landscaping including native plantings  Climbing feature/rock wall/ropes  Working tennis court lights  Fencing on 55th to prevent kids from wandering onto busy roads (?) A few neighbors were also interested in participating in the playground replacement meetings. Kerry Doolgar Justine Zirber Anthony and Holly Schulz MAYBE Amanda Burns I:\RFA\City Manager\2020\Q&R-apt acting mayor 01.13.20.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk Agenda Title Resolution appointing a council member as mayor pro tem for 2020 Requested Action Staff recommends adopting the resolution to appoint a council member as mayor pro tem. Policy/Past Practice The mayor pro tem performs the duties of mayor during the disability or absence of the mayor from the city or, in case of vacancy in the office of mayor, until a successor has been appointed and qualifies. Background This position is rotated among Council Members. Year Council Member 2011 Elder 2012 Lammle 2013 Hoffe 2014 Stauner 2015 Elder 2016 Lammle 2017 London 2018 Hoffe 2019 Elder 2020 Frazier (recommended) It is recommended that Council Member Frazier be appointed to the position for 2020, and Council discussed this matter at the November 18 work session. The Council should make a nomination for mayor pro tem for 2020. If the final decision changes, the resolution will be amended accordingly. Attachment Resolution Agenda Section Ordinances & Resolutions Item Number 10.1 City of New Hope Resolution No. 2020- Resolution appointing Council Member Cedrick Frazier as Mayor Pro Tem for 2020 WHEREAS, According to M.S. 412.121 the city council must annually choose an mayor pro tem from its council members; and WHEREAS, the Mayor Pro Tem shall perform the duties of mayor during the disability or absence of the mayor from the city or, in case of vacancy of office of mayor, until a successor has been appointed and qualifies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that: Council Member Cedrick Frazier is appointed Mayor Pro Tem for 2020. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 13th day of January, 2020. Mayor Attest: City Clerk I:\RFA\COMM DEV\2020\City Council\Tenant Protection ORD 1-13-20\Q - Tenant Protection Ordinance 1-13-20.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Sargent, CD Director Agenda Title Ordinance No. 20-05, an ordinance amending Chapter 3, Building and Sign Regulations, of the New Hope City Code by adding a new section 3-35 relating to the sale of affordable rental housing and establishing notice and relocation assistance requirements for new owners. Requested Action Staff requests the City Council to adopt the proposed ordinance establishing requirements for the sale of affordable rental housing buildings and establishing notice and relocation assistance requirements for new rental housing owners. Policy/Past Practice It is past practice for the City Council to adopt new ordinances to help protect the wellbeing of city residents. Background At the June 5, 2018, Planning Commission meeting, staff presented the Planning Commission with the draft 2040 Comprehensive Plan for approval. During the public hearing, Cassie Bair, Community Outreach Director for New Hope Church, and Jason Wittak, Coordinator of Social Justice, Outreach and Parish Activities for St. Joseph’s Church addressed the Planning Commission with a request to include language in the Comprehensive Plan that would help protect people living in naturally occurring affordable housing (NOAH) units. After some discussion, the Planning Commission agreed that the city should look into possible ordinances that would protect individuals living in these types of housing arrangements, and supported the request to add language stating that “the city will engage in discussions regarding residential livability for residents at or below 50% of the average median income” to the Comprehensive Plan. At the request of Mayor Hemken, at the October 15, 2018, work session meeting, the City Council discussed the possibility of adopting an ordinance to assist residents living in naturally occurring affordable housing units that are sold to a new owner by implementing a tenant protection ordinance. The cities of Golden Valley, Richfield, and St. Louis Park recently adopted ordinances that help protect affordable housing tenants, both of which were reviewed at the October 15, 2018, work session. At the request of the City Council, the assistant city attorney has prepared a draft ordinance, which was presented to the City Council at the December 17, 2018 work session meeting. The Council was agreeable with the draft ordinance, but staff wanted to present the draft ordinance to the property managers at the quarterly Property Managers meetings held once a quarter by New Hope staff. Staff presented the ordinance at the first and last Property Managers meeting in 2019, and received some helpful feedback. Staff presented the Council with a slightly revised version of the originally drafted ordin ance based on feedback received from some of the property managers. The Council reviewed the final draft at the December 16, 2019 work session meeting. The highlights of the proposed tenant protection ordinance includes: 1.Whenever ownership of an affordable housing building is transferred, the new owner shall, within thirty (30) days after the date on which a real estate closing transfers ownership of the affordable Agenda Section Ordinances & Resolutions Item Number 10.2 Request for Action, Page 2 housing building, give written notice to each affordable housing unit tenant of the building that the property is under new ownership. The notice must include the following information: a.Information regarding the new owner b.Notice of a tenant protection period and possible relocation assistance being made available to the tenant c.Any rent increases within the tenant protection period d.Whether the new owner will require the existing tenants to be re -screened to determine compliance with existing or modified residency screening criteria during the tenant protection period e.Whether the new owner will terminate or not re-new rental agreements without cause during the tenant protection period and if so, notice of when the rental agreements will terminate f.Whether the new owner intends to increase rent, require re-screening of tenants, or terminate or not re-new rental agreements on the day immediately following the tenant protection period 2.Relocation assistance to be paid to tenants by the new owner if the new owner of an affordable housing building terminates or refuses to re-new any rental agreement without cause during the tenant protection period. Again, the draft ordinance defines the tenant protection period as the last day of the third calendar month following the month in which the notice of the sale is sent to the tenant (90 days after last day of month notice is issued). 3.Penalties will be issued to new owner(s) for failure to provide relocation assistance and/or the above notice in the form of administrative citation and civil penalties. The City of New Hope currently has 70 multi-family housing apartments. Of those, 14 have indicated that they offer low-income housing. The ordinance would only apply to the apartments where at least 20% of the units rent for an amount that is affordable to households at or below 60% of the area median income levels. A copy of the city’s apartment list is attached for review. If the ordinance is adopted, staff will make copies of the ordinance and distribute them to the attendants at the Property Manager’s Meetings in 2020. Staff will also make new owners aware of the ordinance through the Point of Sale process if and when a multi-tenant building comes under new ownership. Recommendation Staff recommends that the City Council approve the attached ordinance as written. Attachments Draft Ordinance Work session minutes (December 16, 2019) New Hope Apartment List 1 ORDINANCE NO. 20-05 AN ORDINANCE AMENDING CHAPTER 3, BUILDING AND SIGN REGULATIONS, OF THE NEW HOPE CITY CODE BY ADDING A NEW SECTION 3-35 RELATING TO THE SALE OF AFFORDABLE RENTAL HOUSING AND ESTABLISHING NOTICE AND RELOCATION ASSISTANCE REQUIREMENTS FOR NEW OWNERS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Chapter 3, BUILDING AND SIGN REGULATIONS, is hereby amended to add a new Section 3-35 Sale of Affordable Rental Housing; Notice and Relocation Assistance Requirements by adding the underlined text as follows: Sec. 3-35 - Sale of Affordable Rental Housing; Notice and Relocation Assistance Requirements. (a)Definitions. The following definitions apply in this section of the Code. (1)“Affordable housing building” means a multifamily rental housing building having three or more dwelling units, where at least 20% of the units rent for an amount that is affordable to households at or below 60 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul- Bloomington, Minnesota- Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. (2)“Affordable housing unit” means a rental unit in an affordable housing building that rents for an amount that is affordable to households at or below 60 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. (3)“Cause” means the tenant or a member of the tenant’s household materially violated a term of the lease or violated an applicable federal, state or local law or regulation. (4)“Relocation assistance” means a payment in the amount equal to three months of the current contract rent charged to the tenant. (5)“Tenant protection period” means the period that commences on the date when a real estate closing transfers ownership of an affordable housing building and runs through the end of the three calendar months following the month in which written notice of the transfer is sent to each affordable housing unit tenant pursuant to subsection (b) of this section. 2 (b)Notice Upon Transfer of Ownership. Whenever ownership of an affordable housing building is transferred, the new owner shall, within thirty (30) days after the date on which a real estate closing transfers ownership of the affordable housing building, give written notice to each affordable housing unit tenant of the building that the property is under new ownership. The notice must include the following information: (1)The name, mailing address, and telephone number of the new owner. (2)The following statement: New Hope City Code Section 3-35 provides for a three month tenant protection period for affordable housing unit tenants after an affordable housing building is transferred to a new owner. Under Section 3-35, affordable housing unit tenants are entitled to relocation assistance from the new owner if, during the tenant protection period, the new owner: a.Without cause, terminates or does not renew the tenant’s lease; b.Raises the rent and the tenant submits a written notice of termination of their lease; or c. Requires existing affordable housing unit tenants to comply with new residency screening criteria and the owner terminates the tenant’s lease. (3) Whether there will be any rent increase during the tenant protection period, the amount of the rent increase and the date the rent increase will take effect. (4) Whether the new owner will require existing affordable housing unit tenants to comply with new residency screening criteria during the tenant protection period and, if so, a copy of the new screening criteria. (5) Whether the new owner will, without cause, terminate or not renew the tenant’s lease during the tenant protection period, and, if so, the date the lease will terminate and the amount of relocation assistance that will be provided. (6) The date the tenant protection period will expire. (7) Whether the new owner, after the tenant protection period expires, intends to: increase rent; require existing affordable housing unit tenants to comply with new residency screening criteria; or, without cause, terminate or not renew affordable housing unit leases and, if so, when the new owner intends to take such actions. (c)Amended notice required. If a new owner decides to take action during the tenant protection period that is different than the action described in the notice required under subsection (b), the owner must send the impacted tenant or tenants an amended notice describing the modified action and the timing for the same. 3 (d) Copy of notices to City. The new owner shall provide a copy of the notices required by this subsection to the City at the same time notice is provided to the tenant or tenants. (e ) Copy of Rent Roll to the City. If the new owner claims the property or the unit does not meet the definition of Affordable Housing Building or Affordable Housing Unit, upon request, the owner shall provide a copy of the rent roll, including the amount of contract rents paid by tenants, to the City. (f ) Relocation Assistance (1) When required. A new owner of an affordable housing building must pay relocation assistance to affordable housing unit tenants when, during the tenant protection period, the new owner: a. Without cause, terminates or does not renew the tenant’s lease; or b. Raises the rent and the tenant submits a written notice of termination of their lease; or c. Requires existing tenants to comply with new residency screening criteria and the owner terminates the tenant’s lease. (2) When paid. The new owner must pay the relocation assistance to the tenant within 30 days after receiving tenant’s written notice of termination of the lease or within 30 days after the owner notifies the tenant that the lease will be terminated or not renewed. (g) Penalty. (1) A violation of subsection (f) of this section is an administrative offense that may be subject to an administrative citation and civil penalties as provided in City Code Section 2-60. Notwithstanding any provision of City Code Section 2-60, the penalty for a violation of subsection (f) of this section shall be the sum of the applicable amount of relocation assistance plus $500. (2) A violation of subsection (b) of this section is an administrative offense that may be subject to an administrative citation and civil penalties as provided in City Code Section 2-60. (3) A violation of this section as to each dwelling unit shall constitute a separate offense. (h) Payment by City to Displaced Tenant. Within thirty (30) days after a person pays the penalty provided for in subsection (g) of this section to the city, the city shall pay to 4 the displaced tenant of the affordable housing unit for which the violation occurred, the applicable amount of relocation assistance. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this _________ day of ____________ 2020. Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-81828 Affordable Housing Tenant Protection \Protection of Tenants in Affordable Housing.docx I:\RFA\City Manager\2020\City Manager 2020 Goals\Q - City Manager 2020 Goals.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Motion approving city manager goals for 2020 Requested Action The city manager is requesting the City Council approve a motion approving the city manager goals for 2020. The suggested goals were reviewed at the December 16 Council work session; the Council was in general agreement with the goals. Similar to the 2019 goals, some of the 2020 goals include targeted completion dates so they can be compared to SMART (specific, measurable, achievable, realistic, and timely) objectives. Policy/Past Practice The policy and past practice for the past ten years has been the city manager presents a draft listing of recommended goals at the conclusion of the December performance evaluation, the Council provides input and feedback on the goals, and the goals are then approved in January. Background The city manager’s employment agreement states “…in January of each year, the City Council and McDonald will define and prioritize the policies, goals and performance objectives they jointly determine necessary for operation of the city. The policies, goals and objectives will be reduced to writing by McDonald, approved by the City Council and shall generally be attainable within the time limitations and budgetary constraints.” At the December 16, 2019, work session, a draft list of suggested city manager goals for 2020 was presented for consideration. The City Council was generally agreeable with the goals presented (the review of the educational reimbursement program was added). The goals place priorities on redevelopment, infrastructure projects, public safety, financial matters, parks and recreation facilities, technology improvements, communication, and public participation. One of the top priorities will be coordinating on the completion of the new outdoor pool and Civic Center Park improvements. If Council is in agreement with the list of goals, it is recommended that a motion be passed approving the goals. If the Council wants to make additional changes to the 2020 city manager goals, I am open to your feedback. Attachments  Suggested City Manager goals for 2020  Excerpt of 12/16/19 work session minutes Agenda Section Unfinished & Org Business Item Number 11.1 City Manager Goals for 2020 1. Redevelopment will remain a high priority with continued focus on City Center and redevelopment opportunities throughout the city; continue coordination on Windsor Ridge development and coordinate with St. Therese Nursing Home to facilitate potential expansion and/or renovation of existing campus. Continue with a variety of scattered site housing projects, with a goal of six acquisitions/new construction or rehabilitations per year, and consider affordable housing partnerships. Implement affordable housing protection ordinance by 1/31/20 if Council is supportive. Assist with promotion of 2020 census and discuss multi-family census bureau enumerator access ordinance by 1/31/20. Continue participation in GreenStep Cities program and complete or improve ratings for three or more best practice activities. Continue to address code enforcement issues and discuss enforcement policies with Community Development staff. 2. Finalize Police Station/City Hall construction project with Wold Architects and Terra General Contractors and coordinate with Sunram Construction on landscaping, monument sign, final wear course and other exterior amenities. 3. Conduct three elections (Presidential Nomination Primary on 3/3/20, Primary on 8/11/20, and General on 11/3/20), recruit and train election judges, coordinate with Hennepin County on ballots and equipment compliance, and provide training and orientation if there are newly elected council members. 4. Complete construction on Civic Center Park and pool projects and open pool for 2020 season, replace playground equipment at Begin Park by 8/31/20 and complete tennis court resurfacing and lighting improvements at Civic Center Park by 6/30/20. At ice arena replace radiant heaters at north rink, scoreboard at south rink, replace compressors/relief valves and add security cameras. Golf course improvements to include painting maintenance shop and adding security cameras. Scoreboards to be replaced at community gyms, and dance, gymnastics and movies in parks programs to be continued. 5. Complete 2020 infrastructure project: Northwood Parkway (east) and 36th Circle reconstruction, Hidden Valley Park neighborhood mill and overlay (substantial completion by 9/30/20). Complete Winnetka Avenue watermain replacement from 27th to 29th Avenue by 9/30/20. Complete annual seal coat and crackfill/fog seal program along with sewer pipe lining. Complete parking lot repairs at the golf course and Lions Park by 8/30/20. Present feasibility report by 3/31/20 on potential future addition to public works facility. Complete public works CIP equipment purchases: sidewalk plow machine, dump truck/plow truck and one ton dump truck. Coordination with other cities to be continued with Joint Water Commission along with maintaining partnerships with Meadow Lake and Northwood Lake Watershed associations. Update pavement management plan and present to Council by 11/30/20. 6. Maintain public safety as a high priority; major CIP items to include purchase of advanced ceramic protective tactical vests, continue outfitting several new SWAT members with equipment for riot response (gas masks, filters, kneepads), replacement of five old Taser units, and rifle storage, shelving, etc. for new facility. Start discussion of squad and body cameras for potential 2021 implementation. Conduct annual awards/recognition presentation by 1/31/20 and update police department statistical report by 6/30/20. 7. Continue support and coordination with West Metro Fire-Rescue District in partnership with city of Crystal; continue to support long-term capital replacement program; coordinate emergency preparedness training and joint EOC; continue setting aside $150,000 annually for major apparatus purchases; engine replacement plan options to be completed in 2020. Continue improvements to station #3 that are city’s responsibility and develop replacement/funding plan for major building components (roof, boiler, etc). 8. Continue contractual arrangement with AEM for financial oversight, continue to implement technological efficiencies on departmental basis to retrieve budget data, update ten-year plan and present to Council by 11/30/20, monitor ten-year infrastructure financing projections, monitor utility and enterprise fund operations, and monitor central garage equipment replacement fund. Continue to work on long-term equipment schedule replacement program for all park and recreation facilities and update golf course business plan by 6/30/20. 9. Continue contractual arrangement with Solution Builders for IT services, continue computer replacement schedule to improve technological capabilities and meet IT needs of staff. Continue providing Knowbe4 computer training to all computer users. Continue to maintain and update website and continue to increase notices about city programs/projects/events on reader board signs, Facebook, etc. 10. Coordinate staffing transitions, continue to evaluate organizational structure needs and make recommendations, review educational assistance policy by 8/31/20, continue assistance to directors and maintain contact with all divisions on regular basis, and continue cross-training in all departments. 11. Conduct professional city-wide survey with Morris Leatherman to solicit feedback on city services/projects/issues (preliminary discussion at 2/18/20 work session), continue to encourage/improve public participation in city affairs and promote inclusiveness, continue to promote Nextdoor.com, update performance measurement report and SMART goals measurements and report to City Council by 9/30/20 and conduct City Day event. 12. Coordinate with HRG on recycling efforts and on preparing to implement residential organic recycling program by 2022. 13. Maintain good communications and keep City Council informed on issues/projects, and maintain good working relationship with variety of outside agencies: Met Council, Hennepin County, TwinWest, North Metro Mayors, District 281, local legislators, and neighboring cities; provide positive work environment and be a positive representative of the city. 14. Actively pursue grants and other outside funding sources for city projects and activities. City Council Work Session December 16, 2019 Page 4 Council expressed support for the proposed ordinance and directed staff to present the item in January for formal adoption. TOBACCO REGULATIONS Item 11.4 Mayor Hemken introduced for discussion item 11.4, Discuss Potential Changes to Tobacco Regulations. Mr. Kirk McDonald, city manager, explained that resident concerns prompted staff to research changes to the city’s ordinance regarding increasing the minimum age for tobacco sales from 18 to 21 years. Mr. Brandon Bell, community development assistant, provided background. He stated currently 54 Minnesota cities and counties have raised the minimum age for tobacco sales from 18 years of age to 21 years, commonly known as Tobacco 21. There is a growing movement across the state and country to raise the legal age of tobacco and nicotine sales to 21 years old. There was a push in the Minnesota legislature to pass state wide legislation last year, but it did not pass through the state senate and the bill will most likely be reintroduced this year. Mr. Bell stated some cities near New Hope (Plymouth, Robbinsdale, and Golden Valley) have raised the minimum age. He stated New Hope presently has 21 businesses that hold tobacco licenses. Council discussed the Tobacco 21 initiative and the need for statewide legislation. Council requested the Citizen Advisory Commission hold a public input meeting on the matter. CLOSED MEETING Item 11.5 Mayor Hemken introduced for discussion item 11.5, Resolution calling for a closed meeting of the New Hope City Council authorized by Minn. Stat §13D.03 to discuss and consider labor negotiations strategy. RESOLUTION 2019-132 Item 11.5 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION CALLING FOR A CLOSED MEETING OF THE NEW HOPE CITY COUNCIL AUTHORIZED BY MINN. STAT §13D.03 TO DISCUSS AND CONSIDER LABOR NEGOTIATIONS STRATEGY.” The motion for the adoption of the foregoing resolution was seconded by Council Member Frazier, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. CLOSED MEETING The work session was suspended at 7:44 p.m. to conduct the executive session. The work session was reconvened at 8:34 p.m. to conduct Item 11.6. CITY MANAGER’S 2019 PERFORMANCE EVALUATION Item 11.6 Mayor Hemken introduced for discussion item 11.6, City Manager’s 2019 Performance Evaluation. Mayor Hemken explained the performance review will include a review of the city manager’s 2019 goals and accomplishments. She noted after conducting the performance, the city manager will be excused from the meeting while the Council considers a potential salary increase. City Council Work Session December 16, 2019 Page 5 Council reviewed the city manager’s 2019 goals and accomplishments and discussed redevelopment, scattered site housing, infrastructure improvements, public safety, playground replacement, long-term financial plan, 2020 professional city survey, communications with staff and Council, and grant revenue received by the city. Mr. McDonald stated he has drafted his proposed goals for 2020 and welcomes Council’s input. Council Member London requested a revision to the educational assistance policy. Mr. McDonald stated he will incorporate the change and the final goals will be placed on the January 13 agenda for formal approval. Council Member London recommended utilizing SMART objectives during performance reviews of department directors whenever possible. Mr. McDonald commented that the SMART goals for each department are identified within the annual performance measurement report. Mr. McDonald excused himself from the meeting to allow the Council opportunity to privately discuss his employment agreement. The Council reviewed the city manager’s salary and compared it to New Hope’s 12 comparable cities. Council supported the previously approved 3% COLA and approved a 1% merit wage increase based on 2019 performance for a base salary of $171,347 effective for calendar year 2020. Staff was directed to have the city attorney prepare an employment agreement addendum for consideration at the January 13, 2020, Council Meeting. ADJOURNMENT The meeting was adjourned at 9:00 p.m. as there was no further business to come before the Council at its work session. Respectfully submitted, Valerie Leone, City Clerk I:\RFA\City Manager\2020\Q-ApproveCM Emp Agr amendment 01 13 2020.docx Request for Action January 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: HR & Admin Services By: Rich Johnson, Director of HR & Admin. Services Agenda Title Resolution approving Tenth Amendment to City Manager Employment Agreement Requested Action The city attorney has prepared the attached resolution and amendment to the city manager’s employment agreement to implement the changes that were discussed by the City Council at the December 16, 2019, City Council Work Session and/or changes previously approved by the council for New Hope employees. Policy/Past Practice The employment agreement states that changes to the agreement shall be made by signed addendum. Any changes are usually presented at the first council meeting in January, following the city manager’s performance evaluation conducted at the December work session. Background The City Council held the city manager’s performance review at the December 16, 2019, Work Session. In follow up to the discussion and direction provided by the City Council at the conclusion of the performance evaluation, the city attorney has prepared the attached resolution approving the Tenth Amendment to the city manager’s employment agreement. The amendment addresses the following issue: 2020 Wage Increase – authorizes a 3.0% COLA and a 1% merit based adjustment effective with the pay period commencing on January 6, 2020, based on the 2019 performance evaluation. The annual salary of the city manager would be adjusted from $164,709 (2019) to $171,347 (2020). Stacy Woods, Assistant City Attorney will be in attendance at the council meeting and will be available to respond to questions regarding the amendment. Attachments Resolution Tenth Amendment to Employment Agreement Agenda Section Unfinished & Org Business Item Number 11.2 1 RESOLUTION NO. 2020-___ RESOLUTION APPROVING TENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the City of New Hope, a Minnesota municipal corporation ("City"), and Kirk McDonald ("McDonald") entered into an Employment Agreement (“Agreement”) dated December 10, 2007, whereby McDonald agreed to serve as the New Hope City Manager, and WHEREAS, the City and McDonald wish to amend the Agreement per the proposed Tenth Amendment To Employment Agreement Between Kirk McDonald And City Of New Hope attached to this resolution as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1.The Tenth Amendment to the December 10, 2007 Employment Agreement Between Kirk McDonald and the City of New Hope attached hereto as Exhibit A is hereby approved. 2.The Mayor and City Clerk are hereby authorized and directed to sign said Tenth Amendment To Employment Agreement Between Kirk McDonald And The City Of New Hope. Dated the 13th day of January 2020. ____________________________________ Kathi Hemken, Mayor Attest: __________________________ Valerie Leone, City Clerk P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11341(McDonald appt)\Resolution approving 10th amendment to employment contract (2020).docx 1 TENTH AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN KIRK MCDONALD AND THE CITY OF NEW HOPE WHEREAS, the City of New Hope, a Minnesota municipal corporation ("City"), and Kirk McDonald ("McDonald") entered into an Employment Agreement Between Kirk McDonald and the City of New Hope (“Agreement”) dated December 10, 2007, whereby McDonald agreed to serve as the New Hope City Manager, and WHEREAS, the Agreement has been previously amended in 2009, 2012, 2013, 2014, 2015, 2016 2017, 2018 and 2019 and those amendments remain in full force unless expressly modified by this Tenth Amendment to the Agreement, and WHEREAS, paragraph 5 of the Agreement governing McDonald’s salary and benefits states any future salary increases or benefit adjustments must be done as an amendment to the Agreement, and WHEREAS, subsequent to McDonald’s 2019 performance evaluation the City Council now agrees McDonald is entitled to a salary increase for 2020. The purpose of this Tenth Amendment to the Agreement is to implement said salary increase per paragraph 5 of the Agreement, and WHEREAS, by execution of this Tenth Amendment to the Agreement, the City Council hereby confirms its decision to increase McDonald’s salary to $171,347.00 annually, effective with the pay period commencing on January 6, 2020, as authorized by New Hope Resolution No. 2020- 16 adopted on January 13, 2020. This increase includes a 3.0% Cost Of Living Adjustment (COLA) given to all city employees for 2020 in addition to a merit increase to salary of 1% based on McDonald’s 2019 performance evaluation. NOW THEREFORE the parties hereto agree as follows: 1.Paragraph 5 of the December 10, 2007 Employment Agreement Between Kirk McDonald and the City of New Hope is amended by increasing McDonald’s annual salary to $171,347.00 effective with the pay period commencing on January 6, 2020. 2.All other provisions of the December 10, 2007 Employment Agreement Between Kirk McDonald and the City of New Hope and all subsequent amendments thereto shall remain in full force and affect unless expressly modified by the herein amendment. Dated: January 13, 2019. BY: _____________________________ Kathi Hemken, Mayor BY: _____________________________ Valerie Leone, City Clerk __________________________________ Kirk McDonald, City Manager P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11341(McDonald appt)\amendment10 to employ. agree (2020).docx I:\RFA\City Manager\2020\12.1 Q - Upcoming Events.docx Request for Action January 13, 2020 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: Jan. 14 7 p.m. – Citizen Advisory Commission Meeting Jan. 15 2 p.m. – Business Networking Group Meeting at Country Kitchen 5:30 p.m. – North Metro Mayors Board of Directors Meeting at Coon Rapids Jan. 16 8:30 a.m. – Bassett Creek Watershed Management Commission Meeting at Golden Valley Jan. 17 Presidential Nomination Primary Absentee Voting Begins at City Hall New Hope Police Reserves Annual Banquet Jan. 19 11 a.m.-1 p.m. – Beyond the Yellow Ribbon Quad Communities Bowling Fundraiser at New Hope Bowl Jan. 20 Martin Luther King, Jr. Day, City Offices Closed Jan. 21 6/6:30 p.m. – City Council Work Session Jan. 27 7 p.m. – City Council Meeting Agenda Section Other Business Item Number 12.1