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051120 City Council Meeting Packet NEW HOPE CITY COUNCIL MEETING AGENDA May 11, 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, May 11, 2020 7:00 p.m. Regular Session City Hall will be open to the public for this meeting; however due to the current COVID-19 pandemic, the city will be making its council meeting available via Webex. The public may participate in this meeting by phone by calling 415-655-0001 and entering meeting/access code 287 183 330 followed by the # sign. When prompted for a password, simply press #. Anyone wishing to speak at Open Forum is encouraged to call the city clerk at 763- 531-5117 in advance for instructions. 1. CALL TO ORDER – May 11, 2020 2. ROLL CALL 3. APPROVAL OF MINUTES:  Council Meeting Minutes – April 27, 2020 4. OPEN FORUM 5. PRESENTATIONS 6. CONSENT BUSINESS 6.2 Approval of financial claims through May 11, 2020 6.4 Motion waiving permit fees for temporary signs and tent for Can Do Canines Can Do Woofaroo walk and fundraising event on September 12, 2020 6.5 Resolution proclaiming May 25, 2020, as National Missing and Exploited Children Day in the city of New Hope 6.6 Resolution proclaiming May 10-16, 2020, as National Police Week in the city of New Hope 7. PUBLIC HEARING 7.1 Motion approving a microdistillery cocktail room on-sale license to A Davis Distillery LLC dba Pocket Square Cocktail Lounge at 7530 42nd Avenue North 8. DEVELOPMENT AND PLANNING 8.1 Resolution approving permanent amendment to Conditional Use Permit to expand use of outdoor athletic stadium for property at 8230 47th Avenue North as set forth in Resolution No. 2019-60 (New Hope Planning Case 19-04) 9. PETITIONS AND REQUESTS 10. ORDINANCES AND RESOLUTIONS 11. UNFINISHED AND ORGANIZATIONAL BUSINESS 12. OTHER BUSINESS 12.1 Exchange of communication between members of the city council 13. ADJOURNMENT Memorandum To: New Hope City Council From: Kirk McDonald, City Manager Date: May 7, 2020 Subject: Agenda Items for Monday, May 11, 2020 Open Forum Staff is not aware of anyone planning to address the Council for the Open Forum. Items 6.1, 6.2, and 6.3 Item 6.1 – there are no new business license requests. Item 6.2 - involves routine financial claims. Item 6.3 – there are no new liability claims to report. Item 6.4 Can Do Canines has requested the city to waive $165 in sign and tent permit fees for their annual fundraising event. The Can Do Woofaroo walk is scheduled for September 12. They are planning an alternate online event if they are not able to hold the regular event due to the pandemic, but want to be prepared if they are able to hold it. Director Sargent and I recommend approval. Item 6.5 Communities across the United States are recognizing May 25, 2020, as National Missing and Exploited Children Day. Child safety awareness and education is critical. Director Fournier and I recommend approval of the resolution. Item 6.6 This resolution recognizes the efforts of police personnel for their services provided to the community. The week of May 10-16, 2020, will be proclaimed as National Police Week in the city. A media release will be prepared and submitted to local media. Police Chief Fournier and I recommend approval. Item 7.1 This is a public hearing to consider a microdistillery cocktail room on-sale license to A Davis Distillery LLC at 7530 42nd Avenue North (space formerly occupied by Mountain Mudd). The applicant was granted a CUP on January to allow this type of business. A background investigation was conducted by Detective Tony Loser for the liquor license, and there is nothing detrimental to report. The applicants (Alan Davis and Amy Hotchkiss) will be available for questions. After conducting the public hearing, if Council supports the request, a motion should be made to approve the liquor license. The three license types and fees are: on-sale $500/year, off-sale $100/year, and Sunday on-sale $200/year. Since the business is opening mid-year, the fees will be pro-rated. City Clerk Leone and I recommend approval. Item 8.1 On May 13, 2019, the city granted Cooper High School an amendment to their CUP allowing an expanded use of the stadium to non-district events and increased use of the concession stand subject to a one-year trial basis. Property owners within 500 feet of the school have been notified of the meeting and to date the city has only received two inquiries. Representatives from District 281 will be in attendance virtually to answer any questions. A resolution has been drafted by the city attorney if the Council agrees to make the CUP amendment permanent. Director Sargent and I recommend approval. Item 12.1 Mayor Hemken will review upcoming meetings and events. If you have any questions regarding items in the agenda packet, please call the city clerk or me before the meeting so that staff can research any issues and be prepared to respond at the meeting. New Hope City Council April 27, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes April 27, 2020 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. Due to the COVID-19 pandemic, some members of the Council, city staff, and consultants participated remotely. PLEDGE OF ALLEGIANCE The Pledge was not recited since the meeting was not held in the council chambers. 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 Jeff Alger, Community Development Specialist Dan Boyum, City Engineer Rich Johnson, Director of HR/Admin. Services Beth Kramer, Communications Coordinator Valerie Leone, City Clerk Susan Rader, Director of Parks & Recreation Jeff Sargent, Director of Community Development Bernie Weber, Director of Public Works Stacy Woods, Assistant City Attorney APPROVAL OF MINUTES Motion was made by Council Member Hoffe, seconded by Council Member Frazier, to approve the regular meeting minutes of April 13, 2020. Voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None. Motion carried. OPEN FORUM There was no one present desirous of addressing the council. 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. New Hope City Council April 27, 2020 Page 2 FINANCIAL CLAIMS Item 6.2 Approval of financial claims through April 27, 2020 . MOTION Item 6.4 Motion to accept a $44.80 donation for a recreation scholarship . RESOLUTION 2020-47 Item 6.5 Resolution proclaiming the month of May 2020 as Building Safety Month in the city of New Hope. RESOLUTION 2020-48 Item 6.6 Resolution authorizing the appropriation of funds in the amount of $7,060 for the replacement of the skate sharpening machines at the New Hope Ice Arena. Council Member London commented on the large difference between the budgeted amount of $20,000 compared to the actual quote . He acknowledged newer technology likely attributed to the lower cost and suggested that budgets be set as realistic as possible. RESOLUTION 2020-49 Item 6.7 Resolution authorizing the appropriation of funds in the amount of $2,225 for the addition of ventilation to the concession equipment room at the New Hope Village Golf Course. 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. 2020 & 2021 SANITARY SEWER LINING (IMPROVEMENT PROJECT NO. 1048 Item 8.1 Mayor Hemken introduced for discussion Item 8.1, Resolution awarding a contract to Visu-Sewer in the amount of $321,115.10 for lining sanitary sewer pipe in both 2020 and 2021 (Improvement Project No. 1048). Mr. Dan Boyum, city engineer, explained the project area is the northwest corner of the city. The 2020 project includes approximately 5,890 feet of work and the 2021 project includes approximately 7,156 feet. He stated sewer lining is performed to reduce inflow and infiltration in the sanitary sewer system. Mr. Boyum reported that 50% of the lining costs are credited against Demand Charges (an amount the MCES may charge a city for the cost of excess capacity needed if the city does not have an effective I & I program). Mr. Boyum stated the city received four bids, and the low bid was submitted by Visu-Sewer for $321,115.10 for the two-year project. He explained that $350,000 is earmarked annually in the CIP budgets for a total of $700,000. He stated the sanitary sewer fund will pay for the project. Due to the favorable bid, a change order may be requested for additional sewer lining. He explained the project schedule for 2020 and 2021. Council Member Elder asked that staff calculate the lineal foot cost of lining based on the most recent projects in order to determine costs of future lining projects. Mr. Boyum noted he is preparing information previously requested by Council Member London regarding the quantity of pipes that have been lined. New Hope City Council April 27, 2020 Page 3 Council Member London noted the bid was less than half of the estimate. He inquired of the reason for the favorable bids. Mr. Boyum stated soliciting bids for a larger project and the COVID-19 situation may have attributed to the competitive bids. He noted the last lining project was in 2017 and a 3.5% inflation factor was used to determine the estimate. Mr. McDonald pointed out that the city receives a credit from MCES for I & I work. RESOLUTION 2020-50 Item 8.1 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION AWARDING A CONTRACT TO VISU-SEWER IN THE AMOUNT OF $321,115.10 FOR LINING SANITARY SEWER PIPE IN BOTH 2020 AND 2021 (IMPROVEMENT PROJECT NO. 1048).” 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. 32ND AVENUE MILL & OVERLAY PROJECT (IMPROVEMENT PROJECT NO. 1043) Item 8.2 Mayor Hemken introduced for discussion Item 8.2, Resolution approving a joint powers agreement between the city of New Hope and the city of Crystal for street maintenance work on 32nd Avenue (32nd Avenue Mill and Overlay Project No. 1043). Mr. Dan Boyum, city engineer, stated the city of Crystal is undertaking a mill and overlay on 32nd Avenue between Winnetka and Winpark this summer. The northern half of 32nd Avenue is owned and maintained by the city of New Hope. He recommended approval a joint powers agreement with Crystal for the work at a cost of $28,681.87. He stated the expenditure would be funded by the street infrastructure fund. RESOLUTION 2020-51 Item 8.2 Council Member Frazier introduced the following resolution and moved its adoption: “RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF NEW HOPE AND THE CITY OF CRYSTAL FOR STREET MAINTENANCE WORK ON 32ND AVENUE (32ND AVENUE MILL AND OVERLAY PROJECT NO. 1043).” 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. AWARD CONTRACT FOR BEGIN PARK PLAYGROUND SITE WORK AND NORTHWOOD PARK BASKETBALL COURT Mayor Hemken introduced for discussion Item 8.3, Resolution awarding low bid of $127,334.50 to Dunaway Construction for playground site work at Begin Park (Improvement Project No. 1040) and for basketball court replacement at Northwood Park (Improvement Project No. 1046). New Hope City Council April 27, 2020 Page 4 (IMPROVEMENT PROJECTS 1040 & 1046) Item 8.3 Mr. Dan Boyum, city engineer, stated quotes were obtained for playground site work at Begin Park and for basketball court replacement at Northwood Park. Begin Park is located at 5407 Wisconsin Avenue North. The project includes site work includes replacement of the playground container, entrance ramp, and replacement of the sidewalk. Alternate 2 will include installation of concrete pads for two benches and a picnic table. He stated the work at Northwood Park includes removal of the existing basketball court and hoops and installation of a new court and hoops. Mr. Boyum stated the low bid was submitted by Dunaway Construction for $127,334.50 (base bid $125,797.50 and Alternate 1 for $1,537). Council Member Elder indicated he is pleased the city will be using blow mulch again. Mr. Boyum stated the playground equipment for Begin Park is explained in Item 8.3. RESOLUTION 2020-52 Item 8.3 Council Member Frazier introduced the following resolution and moved its adoption: “RESOLUTION AWARDING LOW BID OF $127,334.50 TO DUNAWAY CONSTRUCTION FOR PLAYGROUND SITE WORK AT BEGIN PARK (IMPROVEMENT PROJECT NO. 1040) AND FOR BASKETBALL COURT REPLACEMENT AT NORTHWOOD PARK (IMPROVEMENT PROJECT NO. 1046).” 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. AWARD CONTRACTS FOR BEGIN PARK PLAYGROUND Item 8.4 Mayor Hemken introduced for discussion Item 8.4, Resolution awarding contracts with Flagship Recreation and Landscape Structures for $111,852.12 for playground equipment, engineered wood fiber, a picnic table with shade structure and installation at Begin Park (Improvement Project No. 1040). Mr. Dan Boyum, city engineer, illustrated the proposed playground design. He stated the project includes the purchase and installation of playground equipment, playground mats, geotextile fabric, engineered wood fiber, picnic table and s un shade. He explained in 2011 the city began using a playground vendor who offered a program to refurbish equipment. Begin Park will be the first playground replacement project that can incorporate the refurbish component that resulted in re-using $24,097 worth of equipment including several posts, decking, and some slides. Mr. Boyum stated the total funding in the Park Infrastructure Fund for the projects at Begin Park and Northwood Park is $280,000 , and the total estimated cost is $270,386.62 which includes indirect costs. New Hope City Council April 27, 2020 Page 5 He reviewed the project schedule with construction beginning in the spring and substantial completion by summer. Mr. Kirk McDonald, city manager, stated staff recently applied for a $25,000 Hennepin youth sports grant. Council Member Elder recommended staff confirm that the vendor will provide true engineered wood fiber. Director Susan Rader explained that Flagship Recreation is a reputable company that will ensure the correct products are installed. Council Member London commented on the high cost of playground projects and noted he would like to see at least 50% of the budget devoted to playground equipment. Director Rader explained that each playground project differs depending on the condition of the play containers and the extent of necessary site work. She pointed out the refurbish component for this project resulted in a savings of approximately $24,000. RESOLUTION 2020-53 Item 8.4 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION AWARDING CONTRACTS WITH FLAGSHIP RECREATION AND LANDSCAPE STRUCTURES FOR $111,852.12 FOR PLAYGROUND EQUIPMENT, ENGINEERED WOOD FIBER, A PICNIC TABLE WITH SHADE STRUCTURE AND INSTALLATION AT BEGIN PARK (IMPROVEMENT PROJECT NO. 1040).” 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: No ne; 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 7:49 p.m. Respectfully submitted, Valerie Leone, City Clerk G:\City Manager\AGENDA\6.2 R-Approval of Claims Merge Doc.docx Request for Action May 11, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Approval of claims through May 11, 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\COMM DEV\2020\City Council\05-11-20 Can Do Canines Sign and Special Hazard Permits\Q-Can Do Canines.docx Request for Action May 11, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Brandon Bell, CD Assistant and Jeff Sargent, CD Director Agenda Title Motion waiving permit fees for temporary signs and tent for Can Do Canines Can Do Woofaroo walk and fundraising event on September 12, 2020 Requested Action Staff requests that the City Council approve waiving the permit fees for temporary signs and a tent for the Can Do Canines Can Do Woofaroo walk and fundraising event to be held on September 12, 2020, at 9440 Science Center Drive, from 10:00 a.m. to 2:00 p.m. Policy/Past Practice In the past, the City Council has waived the fees for the signage and tent for the Can Do Canines Can Do Woofaroo walk and fundraising event. Background Can Do Canines Event Coordinator Melissa Herman has requested that the city waive $40 in fees for a temporary sign permit from September 5 to September 12, and $125 in fees for a special hazard permit required for a tent, for a total of $165. The one-mile fundraising walk and festival will benefit the organization, which is dedicated to enhancing the quality of life for people with disabilities by creating mutually beneficial partnerships with specially trained dogs. Can Do Canines will be advertising on small directional ground signs on the day of the event and a large banner will be placed on the building. A special hazard permit is required to erect the tent that will be used on-site. Can Do Canines is planning an alternate online event in case they are not able to hold their planned Woofaroo. They are also taking into consideration social distancing strategies and looking for ways they can utilize them during their event. The Event Coordinator, Melissa Herman, stated that the event right now is too far off to predict if they will be able to host their event as they normally do, but they want to be prepared in case they are able to hold it. Recommendation Staff recommends approval of a motion waiving the fees for the temporary sign and tent permits. Attachments  Sign permit application  Special hazard permit application (tent)  Email requesting fees be waived Agenda Section Consent Item Number 6.4 From: Jessi Weber Sent: Monday, April 13, 2020 2:21 PM To: Jeff Alger; Brandon Bell; Shelby Wolf; Jon Jaeger; Nichole Korth Subject: FW: Can Do Canines permit applications email ‐ Part One Hi All, See the below information regarding the Can Do Canines Woofaroo event. This the email 1 of 2. Please forward on to whoever else needs to see this information. Thanks, Jessi Weber City of New Hope | Community Development Administrative Specialist 4401 Xylon Ave N | New Hope, MN 55428 Office: 763‐531‐5121 | Fax: 763‐531‐5136 jweber@newhopemn.gov | newhopemn.gov From: Melissa Herman <mherman@can‐do‐canines.org> Sent: Monday, April 13, 2020 2:15 PM To: Jessi Weber <jweber@newhopemn.gov> Subject: Can Do Canines permit applications email ‐ Part One Hi Jessi, I sent an email with all the required permit application info, but it came back indicating that it was too large of a message to deliver. I am resending all the information in two emails. This is the first of two. Please confirm that you received both emails. Thank you, Melissa Regarding event held by Can Do Canines: Can Do Woofaroo Date of event: 9.12.20 Please find attached: 1) Special Hazard Permit application 2) Sign Permit application 3) Special Event application I will send these in the next email: 4) Event layout 5) Satellite view of property You have kindly waived the permit fees for us previously, and I would greatly appreciate it if you would waive this again for our 2020 Can Do Woofaroo. Please let me know if you have any questions. Thank you, Melissa ‐‐ Melissa Herman Event Coordinator Can Do Canines 9440 Science Center Drive New Hope, MN 55428 763‐331‐3000 ext. 115 www.can‐do‐canines.org I:\RFA\POLICE\RFA Missing and Exploited Children 2020.docx Request for Action May 11, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Police By: Tim Fournier, Director of Police Agenda Title Resolution proclaiming May 25, 2020, as National Missing and Exploited Children Day in the city of New Hope Requested Action Staff recommends approval of a resolution proclaiming May 25, 2020, as National Missing and Exploited Children Day in the city of New Hope. Policy/Past Practice The City Council has expressed support in the past for issues intended to promote the general health, safety, and welfare of children in the community. Background Communities across the United States are recognizing May 25, 2020, as National Missing and Exploited Children Day. The problem of missing and exploited children is complex and multifaceted. It is hoped that through awareness and education the incidence of children missing and/or exploited can be reduced. In partnership with the (National Council for Missing and Exploited Children) NCMEC, the Minnesota Bureau of Criminal Apprehension (BCA) once again offers easy-to-access materials to promote child safety. Specific areas of emphasis include online safety, AMBER Alerts, and general child safety. Materials available on the website include tips for parents to keep kids safe, frequently asked questions about child safety, and sample talking points. The BCA encourages communities to draw attention to child safety issues in May, but many of these materials and activities can also be used year-round. Staff recommends that the City Council approve a resolution proclaiming May 25, 2020, as National Missing and Exploited Children Day. Attachments  Resolution Agenda Section Consent Item Number 6.5 City of New Hope Resolution No. 2020 - Resolution proclaiming May 25, 2020, as National Missing and Exploited Children Day in the city of New Hope WHEREAS, all children need love and guidance, and deserve to grow up in an environment free from exploitation and physical abduction; and WHEREAS, children benefit from direct interaction by a parent or guardian regarding child safety. Safety programs should encourage parents, guardians, and other role models to spend time talking to kids about safety; and WHEREAS, the MN BCA encourages parents and guardians to take 25 minutes to talk to children in their lives about safety; and WHEREAS, such programs are effective tools for the health and welfare of children in our community. NOW, THEREFORE BE IT RESOLVED that the City Council of the city of New Hope proclaim May 25, 2020, as National Missing and Exploited Children Day and encourage parents and guardians to interact with their children about child safety and promote awareness through education. The BCA encourages adults to take 25 minutes to talk to children in their lives about child safety. Through such measures, incidents of children missing or exploited can be reduced. These efforts will promote child safety and strengthen the communities in which we live. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 11th day of May, 2020. ______________________________ Mayor Attest:______________________________ City Clerk I:\RFA\POLICE\RFA Police Week 2020.docx Request for Action May 11, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Police By: Tim Fournier, Director of Police Agenda Title Resolution proclaiming May 10-16, 2020, as National Police Week in the city of New Hope. Requested Action Staff recommends that the City Council approve a resolution proclaiming May 10-16, 2020, as National Police Week in the city of New Hope. Policy/Past Practice The city recognizes the importance of law enforcement in maintaining a safe and secure community, and understands that law enforcement officers sometimes make the ultimate sacrifice in the performance of their duties. Background Police officers routinely face risks on behalf of the community. All too often, a police officer makes the ultimate sacrifice, the forfeiture of their life, in the performance of their duty to protect the c ommunity which they serve. The challenges facing law enforcement professionals grow every day. Domestic and international terrorism, unheard of only a few years ago, as well as planning for pandemics have increased the demands on the law enforcement community. Over 900,000 sworn law enforcement officers serve in the United States. Being a professional law enforcement officer is an inherently risky occupation. On average over the past ten years, one officer was killed every other day. More than 60,000 officers are assaulted each year resulting in 16,000 injuries. On May 17, 1792, Deputy Sheriff Isaac Smith, New York City Sheriff’s Office became the first known law enforcement officer to die in the line of duty in our nation’s history. Currently, there are 22,217 federal, state, and local law enforcement officers names engraved on the walls of the National Law Enforcement Memorial. This year, the names of over 307 officers killed in the line of duty will be added to the wall. At the current rate names are added, the Memorial Walls are expected to be filled by 2050. The health crisis that our nation and world is currently facing has resulted in the cancellation of public gatherings in Washington, DC. However, on May 13, 2020, at 8:00pm Eastern, officers will march forward in solidarity with a virtual Candlelight Vigil and the reading of the names that can be watched from anywhere in the world. Attachments  Resolution Agenda Section Consent Item Number 6.6 City of New Hope Resolution No. 2020 - Resolution proclaiming May 10-16, 2020 National Police Week in the city of New Hope WHEREAS Congress and the president of the United States of America have designated the calendar week of each year during which May 15 occurs as National Police Week and May 15 of each year to be Peace Officers’ Memorial Day; and WHEREAS the law enforcement officers of New Hope are our guardians of life, property, rights and freedoms; defenders of an individual’s right to be free; warriors in the war against crime; and dedicated to the preservation of life, liberty, and the pursuit of happiness; and WHEREAS it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS the men and women of the New Hope police department unceasingly provide a vital public service. NOW, THEREFORE BE IT RESOLVED that the City Council of the city of New Hope calls upon the citizens of our community to especially honor and show their sincere appreciation for the police officers of this city by deed, remarks, and attitude. We call upon all our citizens to make every effort to express their thanks to the men and women who are willing to sacrifice their lives, if necessary, to guard our loved ones, property, and government against all who would violate the law; and NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the city of New Hope proclaims May 10-16, 2020, as National Police Week in the city of New Hope. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 11th day of May, 2020. Mayor Attest: City Clerk i:\rfa\city manager\2020\liquor license 5.11.20\q-onsale license microdistillery.docx Request for Action May 11, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk Agenda Title Public Hearing – Motion approving a microdistillery cocktail room on-sale license to A Davis Distillery LLC dba Pocket Square Cocktail Lounge at 7530 42nd Avenue North Requested Action A public hearing is necessary to consider issuance of an on-sale liquor license. Policy/Past Practice City code section 10-17 requires Council to hold a hearing on liquor license applications. City code does not limit the number of intoxicating on-sale licenses. Background A Davis Distillery LLC was granted a conditional use permit for a microdistillery with cocktail room at 7530 42nd Avenue North (Planning Case 20-04) on January 27, 2020. The applicant has applied for various state and federal permits required for operation of a microdistillery. There are three city-issued licenses required for the microdistillery cocktail room (on-sale, off-sale, and Sunday on-sale). The applicants completed the necessary paperwork for the liquor license and paid a $500 background investigation fee. The background investigation was conducted by Detective Tony Loser. Det. Loser found nothing detrimental in the background investigation which would prohibit issuance of the license. The applicants (Alan Davis and Amy Hotchkiss) will be invited to the Webex meeting to address any questions from Council. After allowing for public comment, if Council desires to approve the license, a motion should be made to close the hearing followed by another motion to grant the licenses. If Council supports the license approval, paperwork will be submitted to the state requesting license approval effective June 1, 2020. Attachments  Public Hearing notice  Memorandum by Det. Loser  Planning Commission and City Council Minutes Agenda Section Public Hearing Item Number 7.1 -Public Notice Ad Proof- Ad ID: 1040615 Copy LIne: May 11 Liquor A Davis Distille PO Number: Start: 04/30/20 Stop: 04/30/2020 Total Cost: $47.60 # of Lines: 33 Total Depth: 3.667 # of Inserts: 1 Ad Class: 150 Phone # (763) 691-6000 Email: publicnotice@ecm-inc.com Rep No: SE700 Date: 04/23/20 Account #: 412484 Customer: CITY OF NEW HOPE Address: 4401 XYLON AVE N NEW HOPE Telephone: (763) 531-5117 Fax: This is the proof of your ad scheduled to run on the dates indicated below. Please proof read carefully if changes are needed, please contact us prior to deadline at Cambridge (763) 691-6000 or email at publicnotice@ecm-inc.com Ad Proof Enlarged Publications: SP Robb/Crystal/NewHope/GoldV Contract-Gross CITY OF NEW HOPENOTICE OF HEARING FORON-SALE LIQUOR LICENSE Notice is hereby given that the New Hope City Council will meet at City Hall, 4401 Xylon Avenue North, in said city on May 11, 2020, at 7:00 p.m., or as soon thereafter as may be heard for the purpose of holding a public hearing to consider grant- ing a microdistillery cocktail room on-sale liquor license for A Davis Distillery LLC, 7530 42nd Avenue North. All interested persons are invited to attend the public hearings and be heard for or against granting the license. Accommodations such as a sign language interpreter or large print- ed materials are available upon request at least 5 working days in advance. Please contact the City Clerk to make arrangements (tele- phone 763-531-5117). Dated this 23rd day of April, 2020 Valerie Leone City Clerk Published in the Sun Post April 30, 2020 1040615 I:\RFA\COMM DEV\2020\City Council\05-11-20 Cooper CUP\Q - PC 19-04 Cooper CUP 05-11-20.docx Request for Action May 11, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Alger, Community Development Specialist; Jeff Sargent, Director of Community Development Agenda Title Resolution approving permanent amendment to Conditional Use Permit to expand use of outdoor athletic stadium for property at 8230 47th Avenue North as set forth in Resolution No. 2019-60 (New Hope Planning Case 19-04) Requested Action Staff requests that the City Council approve a resolution approving a permanent amendment to a Conditional Use Permit (CUP) to expand the use of the outdoor athletic stadium at Cooper High School as set forth in Resolution No. 2019-60. Changes to the CUP were approved in 2019 on an interim basis, subject to a one-year review in May of 2020. Other than eliminating the formalized City Council review requirement in future years, the school district is not requesting any new changes since the 2019 amendment. Representatives from Robbinsdale Area Schools will be in attendance virtually at the meeting to answer questions. Policy/Past Practice The City Council has approved CUP amendments in the past when in compliance with the requirements of the zoning code. Background On May 13, 2019, the City Council approved a request for an amendment to a CUP to allow for the expanded use of the outdoor athletic stadium at Cooper High School, 8230 47th Avenue North, subject to a one-year trial period. The approval specified that a public hearing to review the expanded use would be scheduled one- year after implementation. The amendment to the CUP allowed youth and adults (from inside and outside of the community) to access and utilize the athletic stadium by implementing the following changes: 1. Eliminating requirement that at least 50% of audience in attendance at events must reside within the Robbinsdale Area School District. 2. Eliminating requirement for groups and organizations that at least 50% of participants reside within the Robbinsdale Area School District. 3. Eliminating requirement limiting use of stadium to youth. Such changes allowed renters to use the stadium for “non-district athletic use” and “non-athletic community events.” A provision prohibiting use of the concession stand during non-school activities was also eliminated, allowing it to be used for any activity that met the district’s rental permit guidelines. Rental of the stadium was subject to the following requirements: 1. Renters are limited in participation to the number of parking stalls located in the parking lot on school property south of the athletic stadium. Agenda Section Development & Planning Item Number 8.1 Request for Action, Page 2 2. Renters are required to place a deposit for litter removal. The school-employed site supervisor is responsible for collecting the deposit and checking the grounds after each rental to ensure proper cleanup. 3. All events must conclude by 9:00 p.m. 4. Use of the public address system is limited to four times per year. It may only be used on Saturdays between June 1 and August 15, between 1:00 p.m. and 6:00 p.m. 5. Renters are not be allowed to use stadium lights. These requirements only applied to renters and did not preclude the school from continuing to use the stadium lights and public address system for school-sponsored events such as football, soccer, lacrosse, etc. The CUP amendment also allowed the city to host one “Movies in the Park” event at the stadium each year and to utilize the city’s audio system for such events. Throughout the application review process, residents expressed concerns relating to the public address system, trash, lighting, traffic, and the elimination of restrictions on users. The applicant and City Council made efforts to mitigate some of these concerns by restricting the use of the public address system, developing a trash removal plan, and prohibiting the use of stadium lights by renters. The one-year trial basis was intended to give the school, city, and residents an opportunity to evaluate how the changes affected the neighborhood as well as the effectiveness of the trash removal plan. Robbinsdale Area Schools submitted the attached update on events that occurred within the last year and a formal request “that the current language in the amended CUP be continued on an ongoing basis.” Events that took place or were scheduled within the last year included the following: Organization Event Date Staffing Needs Fees Outcome Special Olympics Track practice May- June 2019 Stadium Supervisor $225 (stadium supervisor only) City of New Hope Movies in the Park August 2019 Stadium Supervisor Special Olympics Track practice April- June 2020 Stadium Supervisor Canceled - no fees charged Canceled due to COVID-19 Special Olympics (2nd group) Track practice April- June 2020 Stadium Supervisor Canceled - no fees charged Canceled due to COVID-19 Individual Person Youth baseball camp July 20, 2020 Stadium Supervisor, custodial overtime + renting 3 gyms Permit request pending Waiting to confirm related to COVID-19 Property owners within 500 feet of Cooper High School were mailed a public hearing notice and letter with instructions on how to provide feedback on the request and participate in the public hearing. The public hearing notice was also published in the Sun Post and on the city’s website. The letter encouraged residents to submit written comments prior to the meeting, to provide comments during the meeting by telephone, or to attend the meeting at city hall (with social distancing regulations in place). As of May 4, 2020, staff received one phone call and one email with feedback relating to the request (attached). The caller was seeking information on the request and had no complaints about operations since the changes had been implemented. The resident who emailed feedback argued that the summer of 2019 “was not a true test” Request for Action, Page 3 because of the limited number of events. The resident also stated that a site contact was not listed online in case of problems. The resident requested that if the CUP were to be amended permanently, every event should be clearly documented on the school’s website, listing an onsite contact prior to the event. Robbinsdale Area Schools is working to implement a system that will satisfy condition 12 from Resolution 2019-60, which states, “Petitioner shall list a telephone number and e-mail address on the Cooper High School website and the Independent School District #281 where a school employee can be reached at any time, including weekends, for reporting of problems with the use of the stadium by City residents.” Residents with concerns about events are encouraged to contact the school district by email at chs_grounds@rdale.org or by calling 763-504-8533. This contact information can be found on Cooper High School’s website by clicking on “Contact Us” below the “Quick Links” header. The email address and phone number are listed below the “Cooper Facilities & Grounds” header. The school district’s website also features a “Let’s Talk” link that community members can use to voice questions or concerns. The assistant city attorney has prepared a resolution making the 2019 CUP amendments permanent. This eliminates the one-year provision and allows for the expanded use of the outdoor athletic stadium at Cooper High School permanently. The assistant city attorney reviewed the amended and restated CUP from 2019 and confirmed that it does not need to be amended in order to make the changes permanent. If the City Council approves the resolution making the most recent CUP amendments permanent, it will be recorded and made permanent. Recommendation Staff recommends that the City Council approve a resolution approving a permanent amendment to a Conditional Use Permit (CUP) to expand the use of the outdoor athletic stadium at Cooper High School as set forth in Resolution No. 2019-60. Attachments  Resolution  Memo from Robbinsdale Area Schools (April 22, 2020)  Feedback from residents  Public hearing information letter to residents (April 23, 2020)  Resolution 2019-60 (approved in 2019)  City Council minutes (April 22, 2019 and May 13, 2019) 1 RESOLUTION NO. 2020-___ RESOLUTION APPROVING PERMANENT AMENDMENT TO CONDITIONAL USE PERMIT TO EXPAND USE OF OUTDOOR ATHLETIC STADIUM FOR PROPERTY AT 8230 47TH AVENUE NORTH AS SET FORTH IN RESOLUTION NO. 2019-60 (New Hope Planning Case 19-04) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, Independent School District 281 (the “Petitioner”) is before the City Council pursuant to the one (1) year review period as part of New Hope Planning Case 19-04 for Amendment to Conditional Use Permit to allow for the expansion of use of outdoor athletic stadium located at 8230 47th Avenue North, in the City of New Hope, Property Identification Number 07-118-21-41-0001, and legally described as follows: The east ½ of the northwest ¼ of the southeast ¼ and the west ½ of the northeast ¼ of the southeast ¼, except roads, of Section 7, Township 118, Range 21, in the County of Hennepin, Minnesota (“Property”); WHEREAS, the Property is located in the R-1, Single-family Residential District; WHEREAS, the City Council approved Petitioner’s request at the May 13, 2019 City Council meeting on a temporary one (1) year basis as set forth in Resolution No. 2019-60 subject to a one (1) year review by the City Council which included the following amendments: 1. Eliminating requirement that at least 50% of audience in attendance at events must reside within the Robbinsdale Area School District. 2. Eliminating requirement for groups and organizations that at least 50% of participants reside within the Robbinsdale Area School District. 3. Eliminating requirement limiting use of stadium to youth. 4. Renters would be limited in participation to the number of parking stalls located in the parking lot on the Property south of the athletic stadium. 5. Renters would be required to place a deposit for litter removal. The school- employed site supervisor would be responsible for collecting the deposit and checking the grounds after each rental to ensure proper cleanup. 6. All events would conclude by 9:00 p.m. 2 7. Use of public address system would be limited to no more than eight times per year from June 1 through August 15 (Saturdays only) between the hours of 1:00 p.m. – 6:00 p.m. 8. Renters would not be allowed to use stadium lights or the video board. 9. Eliminating provision prohibiting use of concession stand during non-school activities and permitting its use for any activity that follows the district’s rental permit guidelines. 10. Adding a provision that permits the City to show one Movie in the Park event each summer as a permitted facility usage. 11. Petitioner shall list a telephone number and e-mail address on the Cooper High School website and the Independent School District #281 where a school employee can be reached at any time, including weekends, for reporting of problems with the use of the stadium by City residents. WHEREAS, the proposed Amendment to Conditional Use Permit is in all respects consistent with the City’s Comprehensive Plan and is in all respects consistent with the City’s zoning code and the regulations and laws of the State of Minnesota; WHEREAS, the City Council has reviewed extending the 2019 amendments to the Conditional Use Permit to be permanent and sought public comment in the form of a public hearing on May 11, 2020, as part of the one (1) year review period; WHEREAS, the proposed Amendment to Conditional Use Permit is in all respects consistent with the City’s Comprehensive Plan and is in all respects consistent with the City’s zoning code and the regulations and laws of the State of Minnesota; and WHEREAS, the City Council, after a complete review of the issues involved approves making the 2019 Conditional Use Permit Amendments be made permanent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the application for Amendment to Conditional Use Permit to allow expanded use of outdoor athletic stadium to become permanent as identified in New Hope Planning Case 19-04, shall be approved subject to the conditions associated with the original Conditional Use Permit, the 2006 Amended and Restated Conditional Use Permit, the 2019 Amended and Restated Conditional Use Permit and the following additional conditions: 1. Eliminating requirement that at least 50% of audience in attendance at events must reside within the Robbinsdale Area School District. 3 2. Eliminating requirement for groups and organizations that at least 50% of participants reside within the Robbinsdale Area School District. 3. Eliminating requirement limiting use of stadium to youth. 4. Renters would be limited in participation to the number of parking stalls located in the parking lot on the Property south of the athletic stadium. 5. Renters would be required to place a deposit for litter removal. The school- employed site supervisor would be responsible for collecting the deposit and checking the stadium and surrounding grounds and parking areas after each rental to ensure proper cleanup. 6. All events would conclude by 9:00 p.m. 7. Use of public address system would be limited to no more than four times per year from June 1 through August 15 (Saturdays only) between the hours of 1:00 p.m. – 6:00 p.m., excluding the annual Relay for Life event which obtains separate permission for use of the public address system before the event each year. 8. Renters would not be allowed to use stadium lights or the video board. 9. Eliminating provision prohibiting use of concession stand during non-school activities and permitting its use for any activity that follows the district’s rental permit guidelines. 10. Adding a provision that permits the City to show one Movie in the Park event each summer as a permitted facility usage but such event shall utilize the City sound system and use minimal lighting to minimize the disturbance to surrounding residents. 11. Petitioner shall list a telephone number and e-mail address on the Cooper High School website and the Independent School District #281 where a school employee can be reached at any time, including weekends, for reporting of problems with the use of the stadium by City residents. Dated the 11th of May, 2020. ____________________________________ Kathi Hemken, Mayor Attest: __________________________ Valerie Leone, City Clerk P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-21904 - CUP Amend to Expand Use of H.S. Stadium\Resolution amending CUP to extend 2019 amendments to be permanent.docx 1 RESOLUTION NO. 2020-___ RESOLUTION APPROVING ADDITIONAL TWO YEAR EXTENSION TO TRIAL PERIOD FOR AMENDMENT TO CONDITIONAL USE PERMIT TO EXPAND USE OF OUTDOOR ATHLETIC STADIUM FOR PROPERTY AT 8230 47TH AVENUE NORTH AS SET FORTH IN RESOLUTION NO. 2019-60 (New Hope Planning Case 19-04) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, Independent School District 281 (the “Petitioner”) is before the City Council pursuant to the one (1) year review period as part of New Hope Planning Case 19-04 for Amendment to Conditional Use Permit to allow for the expansion of use of outdoor athletic stadium located at 8230 47th Avenue North, in the City of New Hope, Property Identification Number 07-118-21-41-0001, and legally described as follows: The east ½ of the northwest ¼ of the southeast ¼ and the west ½ of the northeast ¼ of the southeast ¼, except roads, of Section 7, Township 118, Range 21, in the County of Hennepin, Minnesota (“Property”); WHEREAS, the Property is located in the R-1, Single-family Residential District; WHEREAS, the City Council approved Petitioner’s request at the May 13, 2019 City Council meeting on a temporary one (1) year basis as set forth in Resolution No. 2019-60 subject to a one (1) year review by the City Council which included the following amendments: 1. Eliminating requirement that at least 50% of audience in attendance at events must reside within the Robbinsdale Area School District. 2. Eliminating requirement for groups and organizations that at least 50% of participants reside within the Robbinsdale Area School District. 3. Eliminating requirement limiting use of stadium to youth. 4. Renters would be limited in participation to the number of parking stalls located in the parking lot on the Property south of the athletic stadium. 5. Renters would be required to place a deposit for litter removal. The school- employed site supervisor would be responsible for collecting the deposit and checking the grounds after each rental to ensure proper cleanup. 6. All events would conclude by 9:00 p.m. 2 7. Use of public address system would be limited to no more than eight times per year from June 1 through August 15 (Saturdays only) between the hours of 1:00 p.m. – 6:00 p.m. 8. Renters would not be allowed to use stadium lights or the video board. 9. Eliminating provision prohibiting use of concession stand during non-school activities and permitting its use for any activity that follows the district’s rental permit guidelines. 10. Adding a provision that permits the City to show one Movie in the Park event each summer as a permitted facility usage. 11. Petitioner shall list a telephone number and e-mail address on the Cooper High School website and the Independent School District #281 where a school employee can be reached at any time, including weekends, for reporting of problems with the use of the stadium by City residents. WHEREAS, the City Council has reviewed extending the 2019 amendments to the Conditional Use Permit to be permanent and sought public comment in the form of a public hearing on May 11, 2020, as part of the one (1) year review period; WHEREAS, the proposed Amendment to Conditional Use Permit is in all respects consistent with the City’s Comprehensive Plan and is in all respects consistent with the City’s zoning code and the regulations and laws of the State of Minnesota; WHEREAS, the one year trial basis was intended to give Petitioner, the City and residents an opportunity to evaluate how the Amendment to Conditional Use Permit affected the neighborhood as well as the effectiveness of the trash removal plan; WHEREAS, in light of limited events occurring during the 1 year trial period and due to expected limited events during the Summer of 2020 in light of Covid19, the City Council has determined that an additional 2 year trial period would be prudent to enable a more comprehensive review of potential adverse effects of the Amendment to Conditional Use Permit; WHEREAS, the City Council, after a complete review of the issues involved approves a two year extension of the trial period for the 2019 Conditional Use Permit Amendments, to run through May 9, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the application for Amendment to Conditional Use Permit to allow expanded use of outdoor athletic stadium as identified in New Hope Planning Case 19-04, shall be approved on a TEMPORARY BASIS to extend it for an additional two year period subject to the conditions associated with the original Conditional Use Permit, the 2006 Amended and Restated Conditional 3 Use Permit, the 2019 Amended and Restated Conditional Use Permit and the following additional conditions: 1. Eliminating requirement that at least 50% of audience in attendance at events must reside within the Robbinsdale Area School District. 2. Eliminating requirement for groups and organizations that at least 50% of participants reside within the Robbinsdale Area School District. 3. Eliminating requirement limiting use of stadium to youth. 4. Renters would be limited in participation to the number of parking stalls located in the parking lot on the Property south of the athletic stadium. 5. Renters would be required to place a deposit for litter removal. The school- employed site supervisor would be responsible for collecting the deposit and checking the stadium and surrounding grounds and parking areas after each rental to ensure proper cleanup. 6. All events would conclude by 9:00 p.m. 7. Use of public address system would be limited to no more than four times per year from June 1 through August 15 (Saturdays only) between the hours of 1:00 p.m. – 6:00 p.m., excluding the annual Relay for Life event which obtains separate permission for use of the public address system before the event each year. 8. Renters would not be allowed to use stadium lights or the video board. 9. Eliminating provision prohibiting use of concession stand during non-school activities and permitting its use for any activity that follows the district’s rental permit guidelines. 10. Adding a provision that permits the City to show one Movie in the Park event each summer as a permitted facility usage but such event shall utilize the City sound system and use minimal lighting to minimize the disturbance to surrounding residents. 11. Petitioner shall list a telephone number and e-mail address on the Cooper High School website and the Independent School District #281 where a school employee can be reached at any time, including weekends, for reporting of problems with the use of the stadium by City residents. 12. This Amendment shall be for a limited duration of an additional 2 years which shall serve as a trial period. This Amendment shall be brought back before the City 4 Council for public hearing, review and consideration at the May 9, 2022 City Council meeting. Dated the 11th of May, 2020. ____________________________________ Kathi Hemken, Mayor Attest: __________________________ Valerie Leone, City Clerk P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-21904 - CUP Amend to Expand Use of H.S. Stadium\Resolution amending CUP to extend 2019 amendments for additional 2 year trial period.docx To: New Hope City Council From: Robbinsdale Area Schools: Dr. Kristine Wehrkamp, Executive Director of Community Education; Mr. John Oelfke, Activities Director for Robbinsdale Cooper High School Date: April 22, 2020 Re: Update Regarding the New Hope Conditional Use Policy (CUP) of the Cooper Stadium _____________________________________________________________________________ Background Information: In 1994, Robbinsdale Area Schools (RAS) approached the city of New Hope to amend the Conditional Use Policy (CUP) in order to build a stadium on the practice field area at the west end of Robbinsdale Cooper High School. In addition, a request was made to allow Robbinsdale Armstrong High School the ability to use the stadium in the case of an emergency. In 2006, RAS requested an additional amendment to allow the installation of a synthetic turf field and the construction of a concession stand. In the spring of 2019, RAS requested approval from the New Hope City Council for an amendment to the Conditional Use Policy allowing Robbinsdale Area Schools to rent the stadium to additional users under prescribed parameters. This amendment was approved for one year and requires the school district to appear before the council to get it renewed. Controls for Use: In accordance with the language change, a stadium manager is required to be present for any non-school event. All District events are supervised by District staff. Security, sanitation, control of lights and sound are a part of the rental agreement between the District and renters. In addition, the requirement of no alcohol or tobacco use is spelled out in the rental. The onsite stadium manager handles contract violations and works with law enforcement as necessary. Any complaints brought forward after events are held are handled by District staff. In a response to community feedback, a plan was implemented to collect trash in a timely manner. Athletic teams and clubs were assigned zones to pick up trash (Please reference Document A on Page 3). A staff person was designated to monitor and empty trash cans. Additional trash cans were purchased and placed in different areas of the parking lots. The 1 following phone number and email address have been provided on the Cooper website to the public for complaints: 763.504.8533 and chs_grounds@rdale.org. Additionally, the District has a “Let’s Talk” option on the home page for community members to voice questions or concerns. Rental Use of the Stadium: The following shows the rentals for the stadium since the amendment was passed by the city council. Organization Event Date Staffing Needs Fees Outcome Special Olympics Track practice May-Jun 2019 Stadium Supervisor $225 (stadium supervisor only) City of New Hope Movie in the Park August 2019 Stadium Supervisor Special Olympics Track practice Apr-Jun 2020 Stadium Supervisor Canceled - no fees charged Canceled due to COVID-19 Special Olympics (2nd group) Track practice Apr-Jun 2020 Stadium Supervisor Canceled - no fees charged Canceled due to COVID-19 Individual Person Youth baseball camp July 20, 2020 Stadium Supervisor, custodial overtime + renting 3 gyms Permit request pending Waiting to confirm related to COVID-19 Request: At this time, it is the request of Robbinsdale Area Schools that the current language in the amended CUP be continued on an ongoing basis. 2 Document A Cooper High School Trash Pick Up Zones 3 4 Alger, I took a call from resident at Her number is . She asked about the high school stadium CUP leĴer they recently received. I explained this was a chance for residents to express concerns over the stadium operation over the last year since the CUP was amended. Once she understood that no additional changes were being considered, she told me that they had no complaints since the changes were implemented. As far as she and her husband are concerned, the operation could remain the same. Thanks, Dean Blom City of New Hope |Building Official 4401 Xylon Ave N | New Hope, MN 55428 Office: 7635315122 | Fax: 7635315136 Response to high stadium CUP letter Reply all |Dean Blom  Mon 4/20, 8:52 AM Jeff Alger; Jeff Sargent  Label: NH-Inbox Policies (2 months) Expires: 6/19/2020 8:52 AM Reply all |DeleteJunk | Jeff Alger for the 5/11 meeƟng. Valerie Leone City of New Hope |City Clerk-Treasurer 4401 Xylon Ave N | New Hope, MN 55428 Office: 763.531.5117 From: Sent: Tuesday, April 28, 2020 2:47 PM To: Kathleen Hemken <khemken@newhopemn.gov>; John Elder <jelder@newhopemn.gov>; Andy Hoffe <ahoffe@newhopemn.gov>; Jonathan London <jlondon@newhopemn.gov>; Cedrick Frazier <cfrazier@newhopemn.gov>; Valerie Leone <vleone@newhopemn.gov> Subject: Feedback on One Year Review for Changes to Stadium Use Policy at Cooper High School To: New Hope City Council From: Re: Feedback on One Year Review for Changes to Stadium Use Policy at Cooper High School We contacted you all recently about the upcoming review at the May 11 city council meeƟng. Mayor Hemken responded (among others) and asked us to send our comments to her. In addiƟon we received a followup leƩer from Jeff Alger noƟng that comments be sent to Valerie Leone. So we’re including everyone on our perspecƟves. Last summer was not a true test. To our knowledge, only one event occurred and that was not a school district sponsored event. It was a City of New Hope event (movie night) that was lightly aƩended (and from our perspecƟve there was no adverse neighborhood impact.) The site contact was not listed on a webpage for contact in case of problems. The site contact actually asked us how it went aŌer the event. He did not know; he was not there. We thought the site contact need to be onsite. We feel it is not right to pass something that has not been tested. In addiƟon, if there is no interest, why make the change? FW: Feedback on One Year Review for Changes to Stadium Use Policy at Cooper High School Reply all |Valerie Leon e  Today, 2:51 PM Jeff Alger; Jeff Sargent; Kirk McDonald  Label: NH-Inbox Policies (2 months) Expires: 6/27/2020 2:51 PM Now, if you do decide to approve this CUP, please add the following sƟpulaƟon: “Every event is clearly documented, including an onsite contact, ahead of Ɵme on the school district’s website for Cooper High School stadium”. As concerned neighbors, we should be able to quickly and easily ﬁnd: • What event is happening at Cooper High School stadium right now? • Who do we contact now, on the spot, to raise any concerns (e.g., about noise or trash)? Thank you for taking our feedback. April 23, 2020 Subject: One-year review with public hearing for changes to stadium use policy at Cooper High School approved in 2019 To Whom It May Concern: The New Hope City Council will meet on Monday, May 11, 2020, at 7:00 p.m. to hold a one-year review with a public hearing relating to the changes to the stadium use policy at Cooper High School that were approved last year. The City Council approved changes to the school’s conditional use permit in May of 2019 under the condition that the permit would be reviewed again after one year. The school district is not requesting any new changes since the 2019 amendment. The City Council will be considering the possibility of making the changes adopted in 2019 permanent. The May 11 City Council meeting will be held electronically. Options for communicating with the City Council are as follows:  Submit written comments prior to the meeting to Valerie Leone, City Clerk, by email (vleone@newhopemn.gov) or by US mail (4401 Xylon Ave N, New Hope MN, 55428, attention Valerie Leone).  Provide comments during the meeting by telephone (call Valerie Leone, City Clerk, at 763-531-5117 in advance of the meeting to obtain the call in number and details).  Attend the meeting at city hall (social distancing will be in place). The meeting can be viewed online at http://ccxmedia.org/ccx-cities/new-hope. If you have questions relating to the 2019 application, feel free to contact me at 763-531-5119 or jalger@newhopemn.gov. Sincerely, Jeff Alger Community Development Specialist 763-531-5119 jalger@newhopemn.gov CITY OF NEW HOPE 4401 Xylon Avenue North  New Hope, Minnesota 55428-4898  www.ci.new-hope.mn.us City Hall: 763-531-5100  Police (non-emergency): 763-531-5170  Public Works: 763-592-6777  TDD: 763-531-5109 City Hall Fax: 763-531-5136  Police Fax: 763-531-5174  Public Works Fax: 763-592-6776 RESOLUTION NO. 2019 - RESOLUTION ESTABLISHING FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER APPROVING REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT TO EXPAND USE OF OUTDOOR ATHLETIC STADIUM FOR PROPERTY AT 8230 47TH AVENUE NORTH AND WITH AMENDED PROVISIONS FOR A 1 YEAR TRIAL PERIOD New Hope Planning Case 19-04) BE IT RESOLVED by the City Council of the City of New Hope as follows: FINDINGS OF FACT WHEREAS, Independent School District 281 (the "Petitioner") has applied to the City as part of New Hope Planning Case 19-04 for further Amendment to Conditional Use Permit to allow for the expansion of use of outdoor athletic stadium located at 8230 47th Avenue North, in the City of New Hope, Property Identification Number 07-118-21-41-0001, and legally described as follows: The east '/z of the northwest'/4 of the southeast'/4 and the west'/2 of the northeast'/4 of the southeast 1/4, except roads, of Section 7, Township 118, Range 21, in the County of Hennepin, Minnesota Property"); WHEREAS, the Property is located in the R-1, Single-family Residential District; WHEREAS, a Conditional Use Permit relating to the construction of the Cooper High School Athletic Stadium CUP was initially approved by the City Council on October 10, 1994, subject to conditions as set forth in Resolution No. 94-157, and amended by Resolution Nos. 95-50, 96-145 and 2006-57; WHEREAS, the most recent and third amendment to the Conditional Use Permit was granted to Petitioner by Resolution 2006-57, pursuant to New Hope Planning Case 2006-02 to allow for the amendment to the conditional use permit regarding an additional expansion of the stadium's use, an update and modification of the public address system, construction of a concession/storage building and replacement of sod/turf on the athletic fields on the Property; WHEREAS, the current proposed Amendment to Conditional Use Permit seeks to further expand the use of the outdoor athletic stadium on the Property as follows: 1. Eliminating requirement that at least 50% of audience in attendance at events must reside within the Robbinsdale Area School District. 1— 2. Eliminating requirement for groups and organizations that at least 50% of participants reside within the Robbinsdale Area School District. 3. Eliminating requirement limiting use of stadium to youth. 4. Renters would be limited in participation to the number of parking stalls located in the parking lot on the Property south of the athletic stadium. 5. Renters would be required to place a deposit for litter removal. The school -employed site supervisor would be responsible for collecting the deposit and checking the grounds after each rental to ensure proper cleanup. 6. All events would conclude by 9:00 p.m. 7. Use of public address system would be limited to no more than eight times per year from June 1 through August 15 (Saturdays only) between the hours of 1:00 p.m. — 6:00 p.m. 8. Renters would not be allowed to use stadium lights or the video board. 9. Eliminating provision prohibiting use of concession stand during non -school activities and permitting its use for any activity that follows the district's rental permit guidelines. 10. Adding a provision that permits the City to show one Movie in the Park event each summer as a permitted facility usage. WHEREAS, the proposed Amendment to Conditional Use Permit is in all respects consistent with the City's Comprehensive Plan and is in all respects consistent with the City's zoning code and the regulations and laws of the State of Minnesota; WHEREAS, the deadline for approval or denial of Petitioner's request for Amendment to Conditional Use Permit was extended until June 7, 2019. Petitioner received written notice of this extension as required by Minn. Stat. §15.99, Subd. 3()9 per the letter to Petitioner dated March 26, 2019; WHEREAS, the Planning Commission held multiple lawfully scheduled public hearings and considered the matter at its meetings on March 5, 2019 and April 2, 2019; WHEREAS, the Planning Commission, after a complete review of the issues involved, recommended the City Council approve the application with conditions of approvals associated with 2— the original Conditional Use Permit and the 2006 Amended and Restated Conditional Use Permit remaining in effect; WHEREAS, the City Council has considered Planning Case 19-04 at its meeting on April 22, 2019, and directed the City Attorney to draft Findings of Fact and Conclusions of Law approving a modified version of Petitioner's current Application to further amend the Conditional use Permit to be approved for a temporary 1 year period and then be subject to review by City Council after that one (1) year period at the May 11, 2020 City Council meeting; WHEREAS, Petitioner's request came before the City Council on April 22, 2019, and May 13, 2019. When the City Council considered this matter at said meetings it had before it the City's entire file relating to Planning Case 19-04, including but not limited to the following information and record: 1. The New Hope Zoning Code; 2. The New Hope Comprehensive Plan; 3. Minn. Stat. §462.3595; 4. Petitioner's Application to Planning Commission and City Council for Planning Case 19-04 (with attachments); 5. Planning Case Report dated March 1, 2019; 6. The March 5, 2019 Planning Commission Minutes; 7. Planning Case Report dated March 29, 2019; 8. The April 2, 2019 Planning Commission Minutes; 9. The Community Development's April 22, 2019 Request for Action (with attachments); 10. All public comment presented at the March 5, 2019 and April 2, 2019 Planning Commission meetings and at the April 22, 2019 City Council meeting and the City Council members' own personal statements, recollections, opinions, information and knowledge about Petitioner's Application, the subject property and the surrounding community bearing upon the request; and. WHEREAS, based on the City Staff Planning Case Report dated March 29, 2019, this Resolution incorporates the findings set forth therein; WHEREAS, extensive testimony was given by the public at the Planning Commission Meetings held on March 5, 2019, April 2, 2019 and April 22, 2019. The most common concerns that were voiced, were as follows: Petitioner is failing to adequately pick up trash after events at the stadium, and generally failing to pick up trash at the Property; 2. Public safety concerns relating to additional vehicles driving through the surrounding streets at high speeds, and failing to observe stop signs; 3— Noise from the Public Address system is excessive; 4. The initial application failed to provide a concise proposal specifying the exact events for which Petitioner proposed to use the stadium. 5. The lights were bothersome and a nuisance to surrounding neighbors. WHEREAS, the City Council is obligated to consider possible adverse effects of the proposed conditional use and amendments thereto pursuant to City Code Section 4-33(c)and (d); WHEREAS, the City Council finds that the above possible adverse effects require that the Amendment to Conditional Use Permit be modified and only granted for a 1 year trial period, at which time it will be subject to review by the City Council at a public hearing; WHEREAS, the New Hope City Council approves Petitioner's request to amend Conditional Use Permit with the following modifications and on a temporary 1 year period subject to the following conditions: Eliminating requirement that at least 50% of audience in attendance at events must reside within the Robbinsdale Area School District. 2. Eliminating requirement for groups and organizations that at least 50% of participants reside within the Robbinsdale Area School District. Eliminating requirement limiting use of stadium to youth. 4. Renters would be limited in participation to the number of parking stalls located in the parking lot on the Property south of the athletic stadium. 5. Renters would be required to place a deposit for litter removal. The school -employed site supervisor would be responsible for collecting the deposit and checking the stadium and surrounding grounds and parking areas after each rental to ensure proper cleanup. 6. All events would conclude by 9:00 p.m. 7. Use of public address system would be limited to no more than four times per year from June 1 through August 15 (Saturdays only) between the hours of 1:00 p.m. — 6:00 p.m., excluding the annual Relay for Life event which obtains separate permission for use of the public address system before the event each year. Renters would not be allowed to use stadium lights or the video board. M 9. Eliminating provision prohibiting use of concession stand during non -school activities and permitting its use for any activity that follows the district's rental permit guidelines. 10. Adding a provision that permits the City to show one Movie in the Park event each summer as a permitted facility usage but such event shall utilize the City sound system and use minimal lighting to minimize the disturbance to surrounding residents. 11. This Amendment shall be for a limited duration of 1 year which shall serve as a trial period. This Amendment shall be brought back before the City Council for public hearing, review and consideration at the May 11, 2020 City Council meeting. 12. Petitioner shall list a telephone number and e-mail address on the Cooper High School website and the Independent School District #281 where a school employee can be reached at any time, including weekends, for reporting of problems with the use of the stadium by City residents. CONCLUSIONS OF LAW AND ORDER WHEREAS, in light of multiple possible adverse effects of the proposed Amendment to Conditional Use Permit including additional trash, noise, traffic and light disturbance, and based on the foregoing Findings of Fact, this Council hereby APPROVES Petitioner's Application for amendments to the Conditional Use Permit for a TEMPORARY 1 YEAR PERIOD and as MODIFIED above for the Property at 8230 47th Avenue North in New Hope Planning Case 19-04. WHEREAS, the Amended and Restated Conditional Use Permit associated with Planning Case 19-04 is approved for a period of 1 year and is attached hereto as Exhibit "A". Dated: May 13, 2019 Kathi Hem , Mayor Attest: r (. Valerie Leona, City Clerk P:\Attomey\SAS\1 Client Files\2 City of New Hope\99-21904 - CUP Amend to Expand Use of H.S. Stadium\reso estab FOF,COL for amendingCUP.doex 5— NEW HOPE PLANNING CASE 2019-04 AMENDED AND RESTATED CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF ATHLETIC STADIUM USE (COOPER HIGH SCHOOL) IN R-1 ZONING DISTRICT INDEPENDENT SCHOOL DISTRICT 281 PETITIONER Recitals In 1994 Independent School District 281 (hereafter "Petitioner") submitted its application to the City of New Hope (hereafter "City") for a conditional use permit ("CUP") for the expansion of the Cooper High School athletic stadium located at 8230 47'" Avenue North and legally described as follows: The east '/z of the northwest '/4 of the southeast % and the west '/z of the northeast % of the southeast %, except roads, of Section 7, Township 118, Range 21, in the County of Hennepin, Minnesota. 2. Petitioner's CUP application, identified as New Hope Planning Case 94-14 was approved by the New Hope City Council by adoption of Resolution No. 94-157 at its October 10, 1994 meeting subject to conditions as set forth in Resolution No. 94-157. 3. Subsequent to the October 10, 1994 approval of the Cooper High School Athletic Stadium CUP, Petitioner requested and received approval of three additional amendments to this CUP per New Hope Resolution Nos. 95-50, 96-145 and 2006-57. Resolutions 95-05 and 96-145 amended section 3(d)(4)(v) of the Original CUP to permit use of the Cooper Stadium for Armstrong High School events upon the occurrence of emergency situations as approved by the New Hope City Manager. Resolution 2006-57 allowed for expansion of the stadium's use, an update and modification of the public address system, construction of a concession/storage building and replacement of sod/turf on the athletic fields. 4. Petitioner has now submitted a 2019 application for an Amendment to the Cooper High School Athletic Stadium CUP, identified as Planning Case 19-04. The application primarily requests an additional expansion of the stadium's use. 5. The amendments approved by the New Hope City Council as set forth in its Resolution No. 2019- are restated in this Amended and Restated Conditional Use Permit, which shall contain all previous amendments to said Conditional Use Permit. As a result, this Amended and restated Conditional Use Permit shall apply and control any inconsistencies between the terms and conditions of this emended and Restated CUP and the original CUP and its previous amendments relating to the use of the Cooper High School Athletic Facility. Conditions of Approval Purpose. This Conditional Use Permit sets out the conditions of approval for Petitioner's application to expand the use of the athletic stadium at Cooper High School. The above - referenced recitals shall be incorporated into these conditions of approval as if fully restated herein. 2. Need for Conditions. Cooper High School is situated in the middle of a single-family residential zoning district. It is bordered on the south by 47th Avenue North, on the north by 49th Avenue North, on the west by Zealand Avenue North, and on the east by Virginia Avenue North. These streets are constructed to a residential standard. New Hope City Code requires non-residential school traffic to be channeled to a "collector type" street (i.e. 70' minimum ROW and 44' minimum street width). The referenced streets do not meet these standards. Cooper High School is currently considered a legal non -conforming use. When it was built the City Code did not require a collector street standard for streets serving Cooper High School. The conditional use requirements were passed at a later date (specifically 1979). As a result, Cooper High School is "grandfathered" as a legal non -conforming use despite daily traffic counts from non-residential school traffic exceeding desirable vehicle trips for residential street design. City Code does not permit the expansion of legal non -conforming uses. Due to traffic problems the City has granted the Conditional Use Permit requested by the District contingent upon the following Conditions of Approval accepted by the District. 3. Conditions of Approval. The conditions of approval imposed on Petitioner's original CUP by New Hope Planning Case 94-14 as amended by Resolution Nos. 95-50, 96-145 and 2006-57 shall remain in effect to the extent they are consistent with the new conditions of approval imposed by New Hope Planning Case 2019-04. Said conditions of approval are restated herein as follows: a. 1994 Design Plan., The original Cooper Athletic facility design plan was subject to the review and approval by the City Engineer. Said review required compliance with the following conditions: 1) The field was moved approximately 120' north and 20' east of its originally proposed location. 2) The field was lowered approximately 7'. 3) Home bleachers were located on west side of field (2,000 seats, 16 rows); visitor bleachers were located on east side (500 seats, 10 rows).. 4) The dry detention basin located north of the football field was eliminated to allow the discus and shot put event to be located in this general area. The Shingle Creek Watershed requirements for storm water quality must 2 continue to be satisfied as set out in the Watershed's September 8, 1994 recommendations item 12-8. The City was not required to share in the cost thereof. 5) The existing north -south storm sewer through Cooper High School to 491h Avenue North was given to the City and a 20' wide drainage and utility easement was dedicated over it. The City updated and modified the existing storm sewer as required and extended it to the new low point in 471h Avenue North. 6) The excess material resulting from lowering the field, relocating the parking lot and reconstructing 47th Avenue North was used to construct a berm on the west and north side of the field. Consideration was also given to redirecting the discus area to the east to allow additional material to be placed north of the field. b. 2006 Desi n Plan. The 2006 Design Plan addressed the construction of the concession/storage building in the southerly portion of the outdoor stadium complex as the only physical improvement of the District's application which required a building permit. The construction of this building and the other site improvements outlined in Exhibit C Fiera approved subject to the following conditions: 1) Prior to the issuance of a building permit for the concession/storage building the District submitted both conceptual and detailed design plans for review and approval by the City's Building Official. 2) The size of the concession/storage building was limited to 2,000 sq. feet or less. 3) Regarding all 2006 site improvements set out in Exhibit C attached to the New Hope Planning Case 2006-02 Amended and Restated CUP, the District complied with all recommendations of the City Engineer in connection with any new grading or drainage of the site relating to said new improvements. Per the City Engineer's February 28, 2006 memo, the District supplied the City with calculations relating to run off from the new turf on the fields to insure the existing storm water storage tank can adequately control the new additional run off. C. The problem of nonresidential traffic generated by the school, referred to in the Recital section above, must continue to be resolved as follows: 1) Cooper High School's existing parking lot located immediately north of the New Hope Elementary School was relocated north to allow 47th Avenue to be extended between Del Drive and Zealand Avenue. A 66' wide right-of- way was dedicated through the parking lot between Del Drive and Zealand. The southerly ROW line was located approximately 50' north of the New Hope Elementary School building. Additional right-of-way was dedicated west of Zealand Avenue abutting New Hope Elementary School and Highview School to provide a full 66' wide right-of-way. (The existing right- of-way was only 60' wide west of Zealand Avenue.) 3 2) Zealand Avenue became a cul-de-sac opposite 4757 and 4765 Zealand Avenue (45' radius offset to east). Additional right-of-way (60' radius) was dedicated by the School District. The residential portion of Zealand Avenue north of the cul-de-sac accesses 491h Avenue while the southerly portion serving Highview School, Homeward Bound, and the westerly exit to Cooper's parking lot accesses 47th Avenue. A cul-de-sac was not provided on the southerly portion. The City shall continue to properly maintain the southerly portion of Zealand Avenue to Cooper High School's parking lot. 3) Zealand Avenue's east curb line was relocated 10' to west, sidewalk was also relocated allowing for 8' wide boulevard on east side of Zealand Avenue. 4) The City of New Hope and School District equally shared in the cost of the improvements in Zealand Avenue, 47th Avenue, and Cooper High School's 47th Avenue parking lot. The estimated project cost was $600,000 to 700,000. If actual costs exceeded $700,000, it was understood that the new costs required approval of both the New Hope City Council and the Board of the School District. The cost to update, modify and extend the north -south storm sewer between 47th Avenue and 49' Avenue across Cooper High School was New Hope's responsibility. 5) The School District had the option of financing its share of these street and parking lot improvements by petitioning the City for said improvements pursuant to Minn. Stat. Chap. 429. The City assumed construction and financing responsibility for the street improvements. The School District's allocated and agreed upon share of said costs was assessed against their property and paid over time subject to an interest rate mutually acceptable to the parties and a term of up to ten (10) years, as determined by the School District. d. The School District shall continue to comply with all provisions of its proposed June 21, 1994 Traffic Management Plan prepared by Allan Klugman of Westwood Professional Services, Inc., attached hereto as Exhibit A. In addition to the provisions of said plan, the School District shall continue to provide at its cost such police, reservists or attendants which are, in the opinion of the New Hope Chief of Police, sufficient to control traffic at all facility events. This number will be based on maximum crowd capacity. Fewer attendants may be permitted if a significantly smaller crowd is anticipated. e. The School District shall continue to comply with all provisions of its proposed June 30, 1994 Athletic/Physical Education Complex Management Plan/Operational Plan prepared by R. "Whitey" Johnson, Project Director, attached hereto as Exhibit B as amended relating to the following issues: 1) Snow Storage. Snow storage in Lot C will be accomplished at the south rather than the north end. 2) Noise. The School District, as part of its 2006 planning application, agreed its new public address system shall meet MPCA standards and submitted to the City a Noise Impact Statement that verified the new public address 4 system complied with the required Day Time noise levels set out in New Hope Code §942(c). 3) Litter. The School District, as part of its 2006 planning application, acknowledged and agreed there has been an increase in the litter and trash problem in and around the stadium facility and parking lot. The School District continues to and expressly agree that litter and trash collection/abatement will immediately occur within 24 hours of any and all events at the stadium facility. At a minimum, the School District continues to represent that all trash and litter will be picked up after every game or event by the applicable Cooper High School booster organization prior to 11 a.m. of the following day after the game or event and placed in appropriate trash barrels. The site supervisor shall be responsible for collecting a deposit and checking the site after each rental to determine if the Property was properly cleaned. The contents of the trash barrels will be placed in the Cooper High School site dumpster on the next business day of the School District by District staff. The Schod District continues to agree to publish a telephone number for neighborhood complaints relating to litter problems after facility events. The School District continues to agree to respond to all complaints in an appropriate manner. 4) Facility Usage. The athletic facility will be limited to the following events/activities: i) five (5) varsity home football games plus any post -season competition with games ending and public address system use ending at 9:30 p.m. and with stadium lights off at 10:00 p.m., except any games occurring on Saturday, Sunday or holidays would start at or after 9:00 a.m. and would end at or prior to 9:00 p.m. along with the use of the stadium public address system; ii) sixteen (16) varsity home soccer games plus any post -season competition with games ending and public address system use ending at 9:30 p.m. and with stadium lights off at 10:00 p.m., except any games occurring on Saturday, Sunday or holidays would start at or after 9:00 a.m. and would end at or prior to 9:00 p.m. along with the use of the stadium public address system; any legitimate daytime school activity; iv) the spring graduation ceremony; V) Armstrong High School events will be allowed at the Cooper athletic stadium only in the event emergency situations prevent Armstrong events from being held at the Armstrong High School athletic stadium. Emergency situations shall be defined as circumstances outside of the control of the School District such as electrical outages or Acts of God which render the Armstrong athletic stadium not useable. This use is subject to the following conditions: 5 a) The Cooper High School use prohibition of the Armstrong athletic stadium was amended by the Plymouth City Council to permit Cooper High School use of the Armstrong facility in emergency situations. b) Prior to any Armstrong High School use of the Cooper athletic facility, the School District shall provide the New Hope City Manager, or the Manager's designee, at least 24 hours' notice of the intended use and the reasons giving rise to the emergency situation necessitating the use by Armstrong of the Cooper facility. c) That the City Manager, or the Manager's designee, consents to the Armstrong High School use of the Cooper athletic stadium after consideration of the reasons giving rise to the emergency. It is further agreed City consent will not be unreasonably withheld. vi) sixteen (16) varsity home lacrosse games plus any post season competition with games ending at 9:30 p.m. and public address system use ending at 9:30 p.m. and with stadium lights off at 10:00 p.m., except any games occurring on Saturday, Sunday or holidays would end at 9:00 p.m. along with use of the stadium public address system; vii) all Cooper High School track events which will end at 6:00 p.m. with the exception of post season track events which end at 9:00 p.m.; viii) Cooper High School band practice between the hours of 7:00 a.m. and 9:00 p.m. on Monday through Friday and between 9:00 a.m. and 6:00 p.m. on Saturday, Sunday or holidays. The stadium public address system shall not be used for band practice; ix) Independent School District 281 elementary and middle school track events during daylight hours on the Monday through Friday period. Use of the stadium public address system, shall be limited to a maximum of six events per year; X) any non -district athletic use and non -athletic community events. All events shall conclude by 9:00 p.m. and may not utilize stadium lights or video board. Use of the stadium public address system for these such events shall be limited to Saturdays between June 1 and August 15 from 1:00 p.m. to 6:00 p.m., with a maximum of four uses per year. Renters shall be limited in participation to the number of parking stalls located in the parking lot on school property south of the athletic stadium. A) up to one City -sponsored Movies in the Park event per year, including the use of external speakers. C-9 5) Graffiti Abatement. The District expressly agrees any and all graffiti, as defined by New Hope Code section 9-90(b), on and around the stadium facility shall be immediately removed in compliance with the abatement procedures set out in New Hope Code section 9-90(e)(2). 6) ScoreboardNideo Board. The scoreboard may be used for school sponsored events and by renters. Use of the videoboard shall be limited to school sponsored events. Scoreboard speakers will not be utilized. The original 1994 Design Plan and the 2006 Design Plan submitted by the School District shall continue to comply with all conditional use permit standards. These shall include, but not be limited to, the following: 1) Additional bus parking spaces shall be provided, if needed, as determined by the City. 2) All lighting on-site shall be arranged to not reflect onto adjacent property. 3) All signage on-site shall comply with the New Hope Comprehensive Sign Code. g. The School District further acknowledged and agreed to comply with its revised plan to upgrade the athletic facility submitted as part of Planning Case 94-14. In addition to the conditions stated herein, these plans included, but were not limited to the following: 1) Additional screening at the west end of the parking lot. 2) Potential parking spaces for 2 more buses. 3) Relocation of the perimeter fence to an area immediately north of the field to provide more open space. 4) Location of trash receptacles indicated on the plan. 5) A defined schedule of site improvements for New Hope Elementary School including the following: i) parking lot upgrade including sealcoating and curbing by September, 1997; ii) storm water drainage and deficiencies resolved by September, 1997; iii) the fields west of New Hope Elementary do not properly drain. It is recommended New Hope Park & Recreation Department and the School District review the use of the fields west of New Hope Elementary and evaluate if reconfiguring the fields is beneficial because it is expected excess material from the football/soccer field and street/parking lot improvements could be disposed of in this area to allow the fields to be properly graded to drain. 7 h. The CUP shall be subject to annual review by City staff. The School District acknowledges it must comply with all requirements of the Shingle Creek Watershed District and all other governmental entities, if any, having jurisdiction over any future upgrade project. 4. Effect of Agreement. The foregoing Conditions of Approval, as set forth in paragraph 3 of the Conditions of Approval, shall constitute a general framework for the proposed City/ School District Plan. The City Council's May 13, 2019 approval of the Amended aird Restated Conditional Use Permit, and the Mayor's and Manager's signatures below, are contingent upon the acceptance of the Conditions of Approval by the Board of the School District. The parties acknowledge that conditions may change in the future in a manner not contemplated by them at this time. Therefore, the parties agree that these amended and restated Conditions of Approval shall be reviewed at least annually and thereafter may be amended with the consent of both the City Council and the School Board. Date: INDEPENDENT SCHOOL DISTRICT NO. 281 CITY OF NEW HOPE By: Chairman of School Board Independent School District No. 281 Kathi Hemken, Its Mayor By: Superintendent Independent School District No. 281 _ Kirk McDonald, Its City Manager P:\Aftorney\SAS\l Client Files\2 City of New Hope\99-21904 - CUP Amend to Expand Use of H.S. Stadium\Amended and Restated CUP - redline of 2019 revisions.docx EXHIBIT A f TRAFFIC MANAGEMENT PLANCOOPERHIGHSCHOOLATHLETICFACILITY I hereby certify that this plan was prepared by me or under my direct supervision and that I am adulyRegisteredProfessionalEngineerunderthelawsoftheStateofMinnesota. Allan S. Klugmn DATEWesiwoo-d ProfessionalEGISTRATloiq No. 14180 Wcst Tnrnk liigls way 5 Inc.l Eden Prairie, hu4 55344 6121937.5150 Traffic -for events at the Cooper High School Athletic Facility shall be managed according to therollowingpian: Fatality use Use of the Cooper Athletic Facility without City approval shall be limited to regular scllaolactivitiesandathleticevents, City Stapf approval shall be required for any use of the facility fornon -school related events. Educational Campaigns/Notircations The School District shall conduct an educational campaign, approved by City Staff, to advisePropermethodsofaccessandparkingforhomeandvisitingteams, students, faculty and parents. Annually, as e far in advance as practical, facility events to the School District shall provide a schedule of major shall be as depicted on the attached treach home in the residential area surrounding the school. The natificafi nap. area SchedulM4060rdination The School District shall coordinate events so that substantial visitor events at Cooper DishSchool hl the New 1 , Elementary School will not be scheduled concurrently with major eventsattheathleticfacility, Operational Management There shall be no parking on residential streets near the athletic complex during major facilityeventsTheno -parking area shall be as depicted on the attached reap. One and rine-half hourspriortothestartofevents, School District personnel shall place covers over existing signs thatwouldotherwiseallowparkingduringthemajorfacilityevents. The covers shall state "No EXHIBIT A Parking," After the event traffic has cleared, School District personnel shall be responsible forremovingthecovers. The School District shall use a team of attendants to direct entering vehicles into appropriateparkinglotareasandtodirectexitingvehiclesontotheCitystreetsTheattendantsshallwearidentifiable, reflective vests If requested, under the direction of the Cluef of Police, the School District will install and removebarricadesattheentrancesofneighborhoodstreets. Potential barricade locations are listedbelow a) Aquila Avenue, south of 47th Avenue Northb) Del Drive, south of 47th Avenue North C) Utah Avenue, south of 491h Avenue North and north of 47th AvenueNorth d) Virginia Avenue North, south of 49th Avenue North and north of 47thAvenueNorth e) Zealand Avenue North, south of 49th Avenue North and north of 47thAvenueNorth Q 48th Avenue North, west of Winnetka Avenue North and east of VirginiaAvenueNorth The barricades will be installed one and one-half ltaurs prior to the start of events, Each barricadewillcontainaflashinglightandasignstating "Local Traffic Only" and "No Event Parking," Enforcement will include Iicketing and towing_ Data Collection During the first year of facility operation, for all major events, the School District shall collectattendane.e (paid and non -paid) and parking lot usage counts. A summary report of theattendanceandparkingcountsshallbesubmittedforCityStaffreview_ During the first year of facility operation, if requested by the City, the School District will collectintersectionturningmovementcountsforsrepresentativeevent, at the intersections of WinnetkaAvenueNorthand496AvenueNorth; Winnetka Avenue North and 47th Avenue North; BooneAvenueNorthand49thAvenueNorth; and Boone Avenue North and 47th Avenue North Thetrafficcountswouldbeusedtodetermineintersection "level of service," Annual Review of Traffic Management Plan City Staffand the School District shall review the management plan after several events haveoccurred, Afterwards the plan shall be reviewed annually, The City and School ;District mayamendtheplaniftrafficoperationsrelativetotheathleticfacilitycreateimpactsnotcontemplatedatthetimeofadoptionofthisplan. If crowds to major events consistently do not approachcapacitylevels, the School District may submit proposed revisions to the plan to reduce oreliminateelementswhilemaintainingpropercontrolofeventtraffic IIU HUIH j ;a2, o t4nPr EXHIBIT B I INDEPENDENT SCHOOL DISTRICT 281 ROW uddife Area Schwh LeawINR/9` 1 II/cat., gRlewjef COOPER HIGH SCHOOL ATHLETIC/PHYSICAL EDUCATION COMPLEX MANAGEMENT PLAN June 30, 1994 Complex events at Cooper High School shall be managed according to the followingplan: complex use The Cooper -High School Athletic/PE emmplex will not be shared with Armstrong orr ,. . Any additional +1s r..:.' ...,i• = pedal fID1i-sGtlool evL'erts will require City of Uft'lope RStaffapproval., The normal night -use of the complex will be four home football games and sevenhomesoccerdates. These eleven contests will end by 9:30 p.m. and areexclusiveofanypost -season competition. During the Spring there will be trackmeetsduringthedayandthenormalgraduationprogramasscheduledinthepast. Li ahtjna The lighting system shall be designed and operated in a manner to preventreflectedglareorspilllighttomeettheCityCodeofonefootcandleat thestreetcenterline. Lighting is to be turned off within one-half hour after thecompletionofanevent. Sound After instaltation of the public address system the school district will adjustthedeciballevel -to comply with Minnesota Pollution Control Agency and City ofNewHope. Educational Ca Daian The School District shall conduct an educational campain approved by citystaff, to advise proper methods of access, parking and behavior for bothvisitingteamsandhomeeamstudents, faculty and parents. This notificationisalsoaddressedinTrafiMagemetplan. Submitted by: (e4p1frf tey ns ro ect rec ar Mate EMBIT $ 4148 Winnrlfa Atrwr Nonh Nr Hnnr M.......1. $1427 OPERATIONAL PLAN The following operational plan will be in effect for majorincludinghomefootballcontestsandgraduation; complex events 1. The School District shall manage events so that other substantial visitoreventswithinthecampuswillnotbescheduledatthesametime. 2. Trash receptacles are to be located throughout the site as shown on thePlans. The receptacles will be emptied the day after a major field activityandtherefusedepositedintheSchoolDistrict's central dumpster system. The School District will send a litter control team through nearbyneighborhoodstreetsaftergameeventsandpriortolla.m, of the nextThelittercontrolteamwillbeDistrict281maintenancestaffandwillincludethefollowingstreets: day' Zealand Avenue North; 49th Avenue North; Virginia Avenue North; and47thAvenueNorth. 3. Snow storage will be accomplished at the North bay of Parking Lot "C" andtheSouthendofParkingLot "D". An abnormal amount of snow will bedealtwithusingtruckstoremovetheexcess. 4. Tr affil. The School District will hire Off-duty police officers to directtrafficandperformotherdutiesasneeded. An annual meeting will be heldbetweenschoolrepresentatives, neighborhood representatives and the PoliceChieftodetermineamutuallyagreed-upon number of officers or policereservistsifavailable. The recommended placement of police to help directtrafficaftereventsare: 47th Avenue North and Zealand; 49th Avenue NorthandZealand, 47th Avenue North and Virginia and 47th Avenue North and winnetkaTheSchoolDistrictshallinstallandremovebarricadesunderthedirectionoftheChiefofPoliceatthelocationsmentionedintheattachedtrafficmanagementplan. The barricades will permit local traffic only and advisethatnoparkingisallowedonresidentialstreetsduringgameevents. In the event of a need for additional parking; a plan would be put intoPlacetoincluderemoteparkingatDistrict281Administrationbuildingwithshuttlebussingand/or overflow parking west of the New Hope Elementarysite. For additional traffic information please refer to a management plan whichisattachedtothisreport. 5. All signage will meet City ordinances. 6. Graffiti, trespassing and vandalism will be reduced by security lighting, building materials that resist or make easier the removal of graffiti, andaneffortbytheDistricttoeducatestudentsandapprehendpossibleviolators. 7'2!An--RfV—Lq&City staff shall have the opportunity to review the managementplanwithZtheS01Districtkaierrseveraleventshaveoccurred. Submitted by: Y' ons Ject hector -' 574 Ci ate EXHIBIT C 6 wtrarct 3e, Oa s f RODDWSME February 10, 2006 area schools City of New Hope Attn: Mr. Kirk MacDonald 4401 Xylon Avenue North New Hope, MN 55428 RE: Summary of Proposed Site Improvements Cooper High School 8230 479' Avenue North New Hope, MN 55428 ISD 281 Robbinsdale Area Schools Dear Mr. MacDonald: 1.0 SUMMARY A. Independent School District No. 281 proposes increasing the use of the outdoor stadium athletic facility for additional spectator events both with and without use of the public address system. An'amendment(s) to the existing conditional use permit is requested to allow this change in the facility usage of the outdoor stadium. B. ISD 281 proposes various improvements at the site outdoor athletic and physical education facilities of Cooper High School and New Hope School in the next four years. Documents required for the City of New Hope's review of the proposed improvements will be submitted by the district's consultant in late February for the work proposed for 2006 construction. C. The proposed modification to the current outdoor stadium athletic facility public address system will achieve a significant decrease in the current acoustic decibel level impacts from the operation of the current stadium public address system on the adjacent property. The public address system operation will also be adjusted to decrease the acoustic output for the typically smaller spectator events of lacrosse games and soccer games to further decrease the acoustic impacts on the adjacent property. Education Service Center • 4148 Wlnnetka Avenue North • New Hope MN 66427.1286 • (763) 504.8000 - Fox (763) 504-8973 City of New Hope February 10, 2006 2,0 MITIGATION OF SOME OF THE OUTDOOR STADIUM PUBLIC ADDRESS SYSTEM IMPACTS A. The district received input from an area resident at a December 5, 2005 neighborhood meeting that the outdoor stadium public address system imposes objectionable acoustic impacts on the property of that resident. ISD 281 retained the services of an acoustical consultant to investigate, model, test, analyze and provide recommendations for reducing the acoustic decibel level impact on the adjacent property from the operation of the ktadium public address system. To date ISD 281 has received the decibel level mhpping from the acoustical consultant for the current stadium public address system and for the proposed public address system following completion of proposed modifications to that public address system. Copies of those two drawings are included with this application. C. The existing public address system produces some areas of significant acoustic impacts on the property surrounding the Cooper High School outdoor stadium based on the information received to date from the acoustical consultant. D, The acoustic consultant reports that a significant reduction in decibel level impact on the adjacent property from the stadium public address system can be achieved by the proposed stadium, public address system improvements. The final report summarizing the findings, conclusions and recommendations will be available in March 2006, A copy will be forwarded to the City following its completion. 3.0 PROPOSED SITE IMPROVEMENTS A. Various improvements to the sites outdoor athletic and physical education facilities are proposed to be implemented during the next four years for the Cooper High School program. Also included are some proposed improvements to the playfields west of the New Hope School building that are utilized by the Cooper High School softball and soccer programs. Those improvements are summarized below, Remove the existing natural turf system and approximately 12 inches of sub grade soil material and install a new synthetic turf system including its required aggregate sub grade system. City of New Hope February 10, 2006 3 B Outdoor Stadium. Public Address System Add some additional speakers, reorient some of the existing speakers, replace some existing speakers and modify other associated public address system components to achieve a reduction of the decibel level impact on adjacent property from the stadium public address system operation. C. Outdoor Stadium Concession/Storage Buildings Construct a concession/storage building in the southerly portion of the outdoor stadium complex. The size of the proposed concession/storage building will be less then the 2,000 square feet size previously proposed for the Cooper High School silo. Plans for the proposed building will be submitted to the City for approval atter project funding procurement and design are completed. D. Junior Varsity Football/Physical Education Field Remove the existing natural turf system and some of the existing sub grade soil material and install granular soil mixture, drain the and new natural turf surfacing and irrigation. E. New Hope School Playfield The playfields located on the West side of the former New Hope Elementary School are utilized by the Cooper High Schoolgirls' softball and soccer programs. 2. The improvements to these playfields' turf system will include sub grade soil system drainage improvements and turf and irrigation improvements, ti City of New Hope February 10, 2006 4 4.0 PROPOSED SITE IMPROVEMENT SCHEDULE A. The proposed improvements are scheduled to occur during the next four years. The reconstruction of the various natural turf systems will require that the respective playfield be out of service for an additional nine to twelve month period following completion of the respective construction listed below to accommodate the turf establishment .and achieve the desired turf quality. C. Project Schedule Milestones for the proposed site improvwents to the sites, outdoor and athletic and physical education facilities of Cooper High School and the adjacent New Hope School site are summarized below: D. Consultant prepared drawings will be submitted to the City for the respective projects prior to each of the respective year's project. If you have any questions pertaining to these proposed projects, please contact me. S'cerel m Gerber, P.E. Facilities Program Director C: Stan Mack John Christiansen New Hope City Council April 22, 2019 Page 2 First place – Cy’s Snow Buddies, created by Cy Dargay Second place – Handstanding Frosty, created by Isaac and Owen Donnay She stated the winners have a choice of a cash prize or a gift certificate for a park and recreation program. Mayor Hemken thanked the contestants for participating and thanked the Citizen Advisory Commission for sponsoring the fun winter contest. Commissioner Bill Wills thanked the Council for funding the contest in the city budget. ROTATING VOTES Please note that votes taken on each agenda item are called by the secretary on a rotating basis; however, the written minutes always list the mayor’s name first followed by the council members’ in alphabetical order. CONSENT AGENDA Mayor Hemken introduced the consent items as listed for consideration and stated that all items will be enacted by one motion unless requested that an item be removed for discussion. Mr. Kirk McDonald, city manager, reviewed the consent items. FINANCIAL CLAIMS Item 6.2 Approval of financial claims through April 22, 2019. MOTION Item 6.4 Motion to accept a $100 donation in memory of Harold “Hank” Wick. RESOLUTION 2019-51 Item 6.5 Resolution proclaiming the month of May 2019 as Building Safety Month in the city of New Hope. RESOLUTION 2019-52 Item 6.6 Resolution approving city’s application for Minnesota Safe Routes to School program grant. MOTION Consent Items Motion was made by Council Member Elder, seconded by Council Member London, to approve the Consent items. All present voted in favor. Motion carried. COOPER HIGH SCHOOL CUP Item 8.1 Mayor Hemken introduced for discussion Item 8.1, Resolution approving amendment to Conditional Use Permit to expand use of outdoor athletic stadium, 8230 47th Avenue North (New Hope Planning Case 19-04). Mr. Jeff Alger, community development coordinator/management analyst, stated Cooper High School has requested an amendment to the school’s Conditional Use Permit regarding the use of the outdoor athletic stadium. The initial planning case was presented to the planning commission on March 5 and a revised application was presented April 2. The amendment would expand the use of the stadium to non-district events and allow greater use of the concession stand. The application also included a request for a new video scoreboard to replace the existing scoreboard. He reviewed the current conditional use permit and the proposed changes. He reported that staff has received many comments both for and against the request. The Planning Commission recommended approval by a 6-2 vote. New Hope City Council April 22, 2019 Page 3 Discussion ensued regarding concerns relating to litter, trash collection, and on- going monitoring; on-site parking for stadium events; and the possibility of expanding the use for a one-year trial basis. Mr. John Oafkee and Ms. Kristine Wehrkamp representing Cooper High School, responded to questions. Ms. Wehrkamp stated four additional trash receptacles have been added to the parking lot to help with trash collection, student athletes will pick up trash on the grounds at least twice a week, and a phone number will be prominently posted on the school’s website if residents need to voice trash complaints. Mayor Hemken announced the item is not a public hearing, but public comment will be accepted. The following residents spoke regarding the issue: Joe Inserra, 4940 Xylon Avenue North; Mary Arnold, 8000 47th Avenue North; Michelle Urbancic, 4509 Aquila Avenue North; Stephanie Cook, 7637 Angeline Drive; and Jim Brinkman, 4771 Flag Avenue North. Council thanked the residents for their involvement. Mayor Hemken informed council members of the option to approve the resolution in its current format or to refer it back to the city attorney for revisions including a one-year trial basis. The Council supported revisions to the resolution and a condition that the approval be subject to a one-year trial period. MOTION Item 8.1 Motion was made by Council Member Elder, seconded by Council Member Hoffe, to postpone action to the Council meeting of May 13, 2019. All present voted in favor. Motion carried. ORDINANCE 19-01 CHAPTER 4 Item 8.2 Mayor Hemken introduced for discussion Item 8.2, Ordinance No. 19-01, an ordinance amending Chapter 4 of the New Hope City Code establishing solar energy system regulations; and adoption of summary ordinance for publication purposes (New Hope Planning Case 19-03). Mr. Jeff Alger, community development coordinator/management analyst, stated SmartFlower of Minnesota submitted a request for a text amendment to the city’s zoning code related to installation of a solar energy system. City code currently does not specifically regulate solar panels and freestanding solar equipment is not allowed. The proposed ordinance drafted by the city planner will define solar energy systems. He stated the ordinance provides solar energy regulations and was initially presented to the City Council on February 25 and subsequently reviewed at the March 18 work session. The ordinance was modified to address concerns regarding the potential for glare. He noted the solar panels are intended to absorb, not reflect sunlight, and are constructed of dark colored materials with anti-reflective coatings. ORDINANCE 19-01 Item 8.2 Council Member Frazier introduced the following ordinance and moved its adoption: “ORDINANCE NO. 19-01, AN ORDINANCE AMENDING CHAPTER 4 OF THE NEW HOPE CITY CODE ESTABLISHING SOLAR ENERGY SYSTEM REGULATIONS; AND ADOPTION OF SUMMARY New Hope City Council May 13, 2019 Page 3 RESOLUTION 2019-58 Item 6.7 Resolution proclaiming May 25, 2019, as National Missing and Exploited Children Day in the city of New Hope. RESOLUTION 2019-59 Item 6.8 Resolution proclaiming May 12-18, 2019, as National Police Week in the city of New Hope. MOTION Item 6.9 Motion accepting monetary donation from the New Hope Lions. MOTION Consent Items Motion was made by Council Member Elder, seconded by Council Member Frazier, to approve the Consent items. All present voted in favor. Motion carried. COOPER HIGH SCHOOL CONDITIONAL USE PERMIT (PLANNING CASE 19-04) Item 8.1 Mayor Hemken introduced for discussion Item 8.1, Resolution establishing findings of fact, conclusions of law and order approving request for amendment to Conditional Use Permit to expand use of outdoor athletic stadium for property at 8230 47th Avenue North and with amended provisions for a one-year trial period (New Hope Planning Case 19-04) and Resolution approving amendment to Conditional Use Permit to expand use of outdoor athletic stadium for installation of new scoreboard at 8230 47th Avenue North (New Hope Planning Case 19-04). Mr. Jeff Alger, community development specialist, reviewed the request from Robbinsdale Area Schools to amend the conditional use permit to expand allowed use of the outdoor stadium at Cooper High School and a request for a new video scoreboard to replace existing scoreboard at the south end of the stadium. He noted renters would be allowed to use the scoreboard but not the videoboard which would be used only for school events. Mr. Alger reported at the council meeting of April 22, 2019, the Council directed staff to amend the resolution to include a provision that approval of the amended CUP be subject to a one-year trial basis and that the number of times the public address system could be used be reduced from eight to four. Mr. Alger stated subsequent to the last council meeting the school district did provide a phone and email address for persons to report any litter concerns (763-504-8533 and chs_grounds@rdale.org). Mr. Kirk McDonald, city manager, stated the date of May 11, 2020, has been set as the review date. He stated the city will notify the school district and area residents in advance of the meeting. Council Member Hoffe thanked the school district for providing the contact information. He reiterated the one-year trial period for evaluation purposes. Council Member London mentioned the city governs certain use of property but the School Board governs the school district’s budget and policies. Council Member Elder spoke of the importance of an amicable situation for the neighborhood. He encouraged residents to report any issues. Ms. Kristine Wehrkamp, representing Cooper High School, thanked the Council for the opportunity for the trial period and for the video scoreboard approval. She New Hope City Council May 13, 2019 Page 4 stated she believes the district has a good plan in place for checking the grounds for litter. She pointed out the district desires to be a good neighbor. Mayor Hemken thanked Stacy Woods, assistant city attorney, for preparing the resolutions in a timely manner. Mayor Hemken asked for separate votes on the two items. RESOLUTION 2019-60 Item 8.1 Council Member London introduced the following resolution and moved its adoption: “RESOLUTION ESTABLISHING FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER APPROVING REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT TO EXPAND USE OF OUTDOOR ATHLETIC STADIUM FOR PROPERTY AT 8230 47TH AVENUE NORTH AND WITH AMENDED PROVISIONS FOR A 1-YEAR TRIAL PERIOD (NEW HOPE PLANNING CASE 19-04).” 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. RESOLUTION 2019-61 Item 8.1 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION APPROVING AMENDMENT TO CONDITIONAL USE PERMIT TO EXPAND USE OF OUTDOOR ATHLETIC STADIUM FOR INSTALLATION OF NEW SCOREBOARD AT 8230 47TH AVENUE NORTH (NEW HOPE PLANNING CASE 19-04).” 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. ENGINEERING SERVICES AGREEMENT ADDENDUM #2 (IMP. PROJECT NOS. 941 & 994) Item 8.2 Mayor Hemken introduced for discussion Item 8.2, Resolution approving Addendum #2 to the engineering services agreement with Stantec Consulting Services Inc. for the additional construction management services for the Civic Center Park improvements (Improvement Project No. 941) and pool (Improvement Project No. 994). Mr. Chris Long, city engineer, explained the original Scope of Services with Stantec for engineering work was approved on June 25, 2018, and Addendum #1 was approved on December 10, 2018, for design services for higher than estimated costs for the pool and theatre and the addition of future amenities. He reported a second addendum that was discussed at the April work session is needed at this time for construction management costs totaling $179,067 for the approved alternates that were not in the original scope. He reviewed the costs associated with the additional services for the expanded pool base due to soil conditions, expanded theatre base, pedestrian lights, northwest trail loop, conduit for park cameras, picnic shelter, theatre dressing room, and theatre lighting receptacles/conduit. Mr. Long provided a construction status update and illustrated photos of the utility and soil work completed to date. I:\RFA\City Manager\2020\12.1 Q - Upcoming Events.docx Request for Action May 11, 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: May 12 No Citizen Advisory Commission meeting May 14 12:30 p.m. – Shingle Creek Watershed Management Commission Meeting (Virtual) May 18 6:30 p.m. – City Council Work Session (Virtual) May 19 Council Candidate Filing Period Opens May 20 2:30 p.m. – New Hope Business Networking Group Meeting (Virtual) 4 p.m. – North Metro Mayors Association Board of Directors Meeting (Virtual) May 21 7:30 a.m. – Northwest Community TV Cable Commission/Board Meetings (Virtual) 8:30 a.m. – Bassett Creek Watershed Management Commission Meeting (Virtual) May 25 Memorial Day Holiday, City Offices Closed May 26 7 p.m. – City Council Meeting (Virtual) Agenda Section Other Business Item Number 12.1