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060820 City Council Meeting Packet NEW HOPE CITY COUNCIL MEETING AGENDA June 8, 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, June 8, 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 133 093 3019 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 – June 8, 2020 2. ROLL CALL 3. APPROVAL OF MINUTES:  Council Meeting Minutes – May 26, 2020 4. OPEN FORUM 5. PRESENTATIONS 6. CONSENT BUSINESS 6.1 Approval of business license(s) 6.2 Approval of financial claims through June 8, 2020 6.4 Resolution in support of the protecting community television act 6.5 Resolution appointing election judges for Primary Election of August 11, 2020 6.6 Motion to accept a $1,675 donation for the golf course 6.7 Motion waiving permit fees for temporary signs for New Hope Community Farmers Market to be held June 20, 2020, through October 18, 2020, and waiving limit of ten temporary sign permits allowed per year 6.8 Resolution approving final payment to Pearson Brothers, Inc. in the amount of $13,510.65 for the 2018 Crack Repair and Seal Coat Project (improvement project no. 1017) 7. PUBLIC HEARING 8. DEVELOPMENT AND PLANNING 8.1 Resolution approving a memorandum of understanding with the city of New Hope and the Shingle Creek Watershed Management Commission for the Meadow Lake Drawdown (Meadow Lake Improvement Project No. 1037) 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: June 4, 2020 Subject: Agenda Items for Monday, June 8, 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 is a business license request for fireworks for American Promotional Events, dba TNT Fireworks. They have requested permission to have a tent in the Hy-Vee parking lot. They have applied for all necessary permits. The fireworks application has been reviewed and approved by West Metro. The city clerk and I recommend approval. Item 6.2 - involves routine financial claims. Item 6.3 – there are no new liability claims to report. Item 6.4 Member cities of the Northwest Suburbs Cable Communications Commission are encouraged to adopt a Resolution in support of the protecting community television act. CCX Media is funded through franchise fee revenues. In 2019 the FCC departed from the language of the Cable Act which could result in decreased funding to CCX Media and member cities. The Protect Community Television Act has been introduced in Congress to maintain the status quo by reversing the FCC order and allowing franchise fees to be calculated as monetary only fees. I recommend adoption of the resolution. Item 6.5 This item appoints election judges for the Primary Election on August 11, 2020 in accordance with state statutes. The city has eight polling places that require a staffing level of four to six election judges. City Clerk Leone and I recommend approval. Item 6.6 Council is asked to accept a donation of $1,675 derived from a plant sale at the golf course on May 16, 2020. The plant sale idea originated last fall by Mayor Kathi Hemken and Lorraine Kloss. They began collecting plants last fall. This spring they spent significant time dividing golf course perennials and preparing for the sale. The proceeds will be used to purchase either a fountain for one of the ponds or additional trees for the course. Director Rader and I ask Council to join us in extending our appreciation to Mayor Hemken and Lorraine Kloss and to accept the donation. Item 6.7 This item relates to the community farmers market to be held near city hall on Saturdays from June 20 through October 3, 2020. Council is asked to waive $760 in sign permit fees and waive the limit of ten temporary sign permits allowed per year. Director Sargent and I recommend approval. Item 6.8 The 2018 crack repair and seal coat project had some warranty issues with the crack repair on Boone Avenue. The contract remained open until the issue could be resolved. The city spray patched the area and withheld $1,000 from the contract. The final construction amount is $289,213.05 which is $2,640.25 under the original contract amount due to slight differences in the crack repair material. Director Weber and I recommend acceptance of the project and approval of the final payment to Pearson Brothers, Inc. Item 8.1 This item approves an agreement with Shingle Creek Watershed Management Commission for the Meadow Lake drawdown, chemical treatment of invasive plant and fish species, and eventual alum treatment. The city will be responsible for funding an advance of up to $70,000 and will be reimbursed in full by SCWMC in 2021 after the funds are levied. The project was reviewed with Council at its February 18 work session. The Meadow Lake Watershed Association supports the project. AEM has confirmed that the storm water fund has adequate cash flow to cover the advance. Director Weber and I recommend approval. Item 12.1 Mayor Hemken will review upcoming meetings and events. EDA Item 4 This item relates to the scattered site housing project at 4215 Louisiana Avenue North that was acquired in February of 2020. Staff sought quotes for demolition and recommends approval of a contract with JACON LLC for hazardous material abatement, tree removal, demolition of site improvements, site grading, sewer lining, and water service valve replacement for $32,278. These steps are necessary to prepare the site for building demolition to facilitate redevelopment of the property with a single-family home. The city has worked with this contractor in the past and has a good experience with the contractor. Funding for the work is available in the EDA budget. Director Sargent and I recommend approval. EDA Item 5 The EDA is asked to approve the sale of 3924 Utah Avenue North to Ethan Lederer for $387,000. The EDA purchased the vacant and distressed property in December of 2018 as part of the city’s scattered site housing program. Day Construction completed the rehabilitation of the home. By selling the home without a listing agent, the city will save between $10,000 to $12,000 in brokerage fees. If the EDA approves the sale, the closing would take place on July 16, 2020. Director Sargent and I recommend approval. 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 May 26, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes May 26, 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. 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 Brandon Bell, Community Development Assistant Dan Boyum, City Engineer Tim Fournier, Director of Police 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 Frazier, seconded by Council Member Hoffe, to approve the regular meeting minutes of May 11, 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 Pastor Mike Fernandez, Calvary Solid Rock Church at 8731 Bass Lake Road was recognized. He requested information regarding a conditional use permit to enable the church to relocate to 5620 International Parkway. Mayor Hemken directed Mr. Fernandez to telephone Director Sargent to discuss his request as it relates to city code. 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. PRESENTATIONS: 2019 ANNUAL FINANCIAL REPORT Item 5.1 Mayor Hemken introduced for discussion Item 5.1, Motion to accept the 2019 annual financial report. New Hope City Council May 26, 2020 Page 2 Mr. Kirk McDonald, city manager, introduced Bill Lauer of Malloy, Montague, Karnowski, Radosevich & Co. (MMKR). Mr. McDonald recommended that the Council accept the 2019 audit to enable the city to submit the audit to the state auditor in a timely manner. Mr. Bill Lauer summarized the 2019 audit. He reviewed the auditor’s role and stated the city received a “clean opinion,” which is the highest reporting available. He stated the city’s records were found to be in good condition. He stated there were no findings this year for internal control and compliance report. He indicated the management report addressed the coronavirus (COVID-19) pandemic that occurred shortly after the end of the 2019 fiscal year. Mr. Lauer stated the city’s fund balance as of December 31, 2019, was $29,250,988, a decrease of $8,463,242 from the prior year. He stated at the end of the fiscal year, the unassigned fund balance for the General Fund was $7,116,723 or 49.6 percent of annual expenditures and transfers out based on 2019 levels. He stated the city’s total net position of $77,197,731 increased $8,971,672 from the previous year. Mr. Lauer reviewed the enterprise funds financial position (sewer utility, water utility, golf utility, golf course, ice arena, storm water and street lighting). He stated in total the net position of the city’s enterprise funds increased by $1,853,738. Council Member London inquired of the other taxing districts outside of New Hope’s governance. He also inquired whether capital assets had a depreciation schedule. Mr. Lauer indicated the enterprise funds were depreciated. He stated capital assets are reported at original cost, not replacement cost. Council thanked Mr. Lauer for his presentation. City Manager McDonald noted the favorable report is reflective of the efforts of city staff and AEM. MOTION Item 5.1 Motion was made by Council Member London, seconded by Council Member Hoffe, to accept the 2019 annual financial report. All present voted in favor. Motion carried. 2019-2020 NEW HOPE SNOWMAN/SNOW SCULPTURE CONTEST WINNERS Item 5.2 Mayor Hemken introduced for discussion Item 5.2, Awards presentation for the 2019-2020 New Hope Snowman/Snow Sculpture Contest winners. Mr. Susan Rader, director of parks and recreation, stated this is the third year of the contest which was open to New Hope individuals, families, neighborhoods, and groups. She shared photos of the entries and congratulated the contest winner: First place – A Troll and His Pet Dragons, created by Cy Dargay Second place – Flag Avenue Beast, created by Cy Dargay She stated certificates and a cash prize will be mailed to Cy Dargay. Mayor Hemken thanked the contestants for participating and thanked the Citizen Advisory Commission for sponsoring the fun winter contest. 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 New Hope City Council May 26, 2020 Page 3 removed for discussion. Mr. Kirk McDonald, city manager, reviewed the consent items. FINANCIAL CLAIMS Item 6.2 Approval of financial claims through May 26, 2020. MOTION Item 6.4 Motion accepting contributions for the 2019-2020 Donut Make You Wonder and Author Series programs RESOLUTION 2020-57 Item 6.5 Resolution approving $400,000 transfer from park infrastructure fund to ice arena operating fund for debt service and capital improvements RESOLUTION 2020-58 Item 6.6 Resolution approving change order no. 3 with the American Liberty Construction, Inc. for the theater construction project (Improvement Project No. 941). RESOLUTION 2020-59 Item 6.7 Resolution approving change order no. 8 in the amount of $1,685 with Donlar Construction Company for the pool construction project (Improvement Project No. 995) RESOLUTION 2020-60 Item 6.8 Resolution approving Change Order No. 1 for G.F. Jedlicki Inc. Contract for 2020 Winnetka Watermain Replacement Project (Improvement Project No. 1027) RESOLUTION 2020-61 Item 6.9 Resolution authorizing the purchase and appropriation of funds in the amount of $7,675 for the cleaning, crack repair and repainting of the basketball court at Fred Sims Park, and the crack repair of the basketball and tennis courts at Hidden Valley Park by Court Surface and Repair, Inc. MOTION Consent Items Motion was made by Council Member XX, seconded by Council Member XX, to approve the Consent items. All present voted in favor. Motion carried. ENGINEERING SERVICES AGREEMENT ADDENDUM #3 (IMPROVEMENT PROJECT NOS. 941 AND 995) Item 8.1 Mayor Hemken introduced for discussion Item 8.1, Resolution approving Addendum #3 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. 995). Mr. Dan Boyum, city engineer, stated the item was reviewed by the City Council at its work session of May 18, 2020. He stated the addendum #3 is $214,774.03 for additional engineering construction management and administration services for the pool and parks projects. He explained the costs related to the pool, theatre, and park. The inclusion of addendum #3 increases the engineering costs to $2,312.672.36 to be funded by the park and pool bond proceeds. Council Member London inquired whether a pad for a future ice rink is part of the park plan. Mr. Boyum responded affirmatively and stated there is space located north of the pool for a future hockey rink. RESOLUTION 2020-20 Item 8.1 Council Member London introduced the following resolution and moved its adoption: “RESOLUTION APPROVING ADDENDUM #3 TO THE ENGINEERING SERVICES AGREEMENT WITH STANTEC CONSULTING New Hope City Council May 26, 2020 Page 4 SERVICES INC. FOR THE ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE CIVIC CENTER PARK IMPROVEMENTS (IMPROVEMENT PROJECT NO. 941) AND POOL (IMPROVEMENT PROJECT NO. 995).” 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. WINNETKA AVENUE RAILROAD CROSSING PROJECT (IMPROVEMENT PROJECT NO. 1049) Item 8.2 Mayor Hemken introduced for discussion Item 8.2, Resolution approving a joint powers agreement with Hennepin County for the replacement of a failed culvert and removal and replacement of adjacent sidewalk on Canadian Pacific railroad crossing on County State Aid Highway 156 (Winnetka Avenue Railroad Crossing Project No. 1049). Mr. Dan Boyum, city engineer, illustrated the proposed improvements for replacement of a failed culvert and removal and replacement of adjacent east and west sidewalk at the Winnetka Avenue railroad crossing near 51st Avenue North. He reviewed the project schedule with construction taking place in the spring of 2021. He stated the total project cost is $229,967.32, and Hennepin County is funding the majority. The estimated cost to the city is $19,876, and funding would be through the street operating budget. Mr. Dan Boyum also stated that Hennepin County would be entering into a separate agreement with the CP Railroad to replace the railroad crossing in conjunction with this project Council Member London questioned the estimated length of time that the culvert has been in a deteriorated condition. He mentioned homes on Angelina Drive have dealt with flooding issues. Mr. Bernie Weber, director of public works, stated the culvert was likely installed in the 1970s and was possibly updated when Winnetka Avenue was expanded to four lanes. He stated he does not believe the culvert caused the water issues near Angelina Drive. He stated the water does flow to the east, and the neighborhood situation was alleviated a few years ago. Mr. Weber pointed out the improvements, originally proposed for 2020, are being delayed until 2021 to coincide with the replacement of the railroad crossing so that the road is closed only once. RESOLUTION 2020-63 Item 8.2 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH HENNEPIN COUNTY FOR THE REPLACEMENT OF A FAILED CULVERT AND REMOVAL AND REPLACEMENT OF ADJACENT SIDEWALK ON CANADIAN PACIFIC RAILROAD CROSSING ON COUNTY STATE AID HIGHWAY 156 (WINNETKA AVENUE RAILROAD CROSSING PROJECT NO. 1049).” 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; New Hope City Council May 26, 2020 Page 5 whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. TOBACCO ORDINANCE Item 10.1 Mayor Hemken introduced for discussion Item 10.1, Ordinance 20-08, An ordinance regulating the sale of tobacco and related devices and products within the city of New Hope, Minnesota. Mr. Brandon Bell, community development assistant, stated at Council’s direction, the citizen advisory commission reviewed tobacco use prevention options with New Hope business owners and residents at its meeting in February, 2020. He stated the proposed ordinance was reviewed with Council at its work session of May 18, 2020. He credited the Mitchell Hamline Public Health Law Center for assisting the city in drafting the ordinance amendment free of charge. The proposed amendment was based on the interests of the City Council at the February and May work sessions. Mr. Bell outlined the changes that are within the proposed tobacco ordinance amendment: 1. Many definitions have either been revised or added to provide or more modern verbiage. 2. Mirrored the newest federal regulations including raising the legal age required to purchase tobacco products, from 18 years of age to 21 years old. Also includes the ban on all flavored cartridge-based e-cigarettes (except for tobacco flavored). 3. Raised the age of those legally allowed to sell tobacco products as a clerk at a licensed retailer to 18. 4. Banned the sales of all flavored tobacco products except for mint, menthol and wintergreen. 5. Possession, use, and purchase laws have been removed that would punish people under the age of 21 who attempted to buy tobacco. 6. Put a cap on the number of tobacco licenses in the city to equal the total amount of licenses held at the beginning of 2021. The current amount is 21, but with a ban on-site pharmacy licenses, the number will be reduced to 19 in 2021. 7. Prohibit the sales of tobacco in any facility that contains an on-site pharmacy. Current license holders will keep these licenses until the end of the year, but will not be eligible for renewal. 8. Change the age of those allowed to conduct compliance checks from 15-17 to 17-20 to align with new state policies. Mr. Bell stated staff finds all of these proposed changes to be reasonable and to align with many of the changes that other cities in the area have made to their tobacco ordinances. Many of the businesses that staff has been in contact with, and that attended the CAC meeting in February, also seemed to find these changes acceptable. Mr. Bell stated the Minnesota Department of Health Commissioner recently sent a letter to the city in support of the ordinance amendment. He recommended the Council adopt the ordinance and summary ordinnance to save n publication costs. New Hope City Council May 26, 2020 Page 6 Mayor Hemken extended the city’s appreciation to Hennepin County Public Health and Mitchell Hamline Public Health Law Center, residents, businesses, and members of the citizen advisory commission for their input. Mayor Hemken stated there are several persons who have expressed an interest to speak on the matter. She permitted each person to speak for a maximum of three minutes. The following persons spoke in favor of the ordinance: Tony Bangasser, Bethlehem Yewhalawork, Gene Nichols, Anna Grace, and Ruth Tripp. They expressed support for the proposed ordinance and recommended additional restrictions such as banning mint, menthol and wintergreen flavors as well. Mr. Matt Durand, Holiday Stationstore, was recognized. He supported raising the legal age to purchase tobacco products to age 21 and banning the sale of flavored e-cig cartridges. He called attention to action by St. Paul that resulted in smokers buying tobacco through the black market. He stated if New Hope adopts the ordinance, his customers will take their business to Crystal. He spoke of the need to have a level playing field with rules set by the state or federal level instead of local level. Mr. Durand mentioned the COVID-19 pandemic has already greatly impacted local businesses and the ordinance amendment will result in large loss of revenue. Mr. Joseph Salem was recognized. He stated his son owns Winnetka Fuel. He spoke of the hardship that businesses will face with the ordinance. He stated people should have freedom of choice. Council Member Frazier stated the statistics have shown that the majority of tobacco users are African Americans and persons with lower income levels. He stated he feels it is the city’s responsibility to take action on if it can prevent someone from becoming addicted on a product that causes death. Council Member London pointed out that if the city desires to be data-driven, it may wish to wait for the results of the “Tobacco 21” law. He expressed support for implementing Tobacco 21 but is against the inclusion of banning retailers/businesses with pharmacies from selling tobacco. He recommended postponing action on the item until a future work session. Mayor Hemken stated the city has been working with Hennepin County for approximately five years on tobacco-related issues. She stated the proposed ordinance is a good start and additional changes can be considered in the future if so desired. ORDINANCE 20-08 Item 10.1 Council Member Elder introduced the following ordinance and moved its adoption: “ORDINANCE 20-08, AN ORDINANCE REGULATING THE SALE OF TOBACCO AND RELATED DEVICES AND PRODUCTS WITHIN THE CITY OF NEW HOPE, MINNESOTA (AND SUMMARY ORDINANCE).” The motion for the adoption of the foregoing ordinance was seconded by Council Member Frazier, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe; and the following voted against the same: New Hope City Council May 26, 2020 Page 7 London; Abstained: None; Absent: None; whereupon the ordinance was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. OUTDOOR DINING AND LIQUOR INTERIM ORDINANCE Item 10.2 Mayor Hemken introduced for discussion Item 10.2, Ordinance 20-09, An interim ordinance establishing New Hope Code Section 1-5(l) suspending the applicable zoning regulations relating to outdoor dining and creating a temporary administrative waiver of expansion of on-sale liquor license sales during the COVID-19 Public Health Emergency. Mr. Jeff Sargent, director of community development, explained the interim ordinance is in response to Governor Walz’s Executive Order No. 20-56 that will go into effect on June 1, 2020, which outlines plans for bars and restaurants to open for outdoor service, so long as certain conditions, including social distancing, are maintained to prevent the spread of COVID-19. In a response to this order, staff has created an interim ordinance that would temporarily suspended the applicable zoning regulations relating to outdoor dining and create a temporary administrative waiver of expansion of on-sale liquor license sales. He stated the city will require a Temporary Outdoor Dining Permit, at no cost, which would be reviewed and approved administratively. The permit requires a site plan showing where the intended outdoor dining area would be, along with the number of tables and chairs, fences, barricades, etc. to be used for during the business operations. Staff will also require that the business supply the city their COVID-19 Preparedness Plan and representation that the applicant intends to comply with the Governor’s orders. The permit application will also require the signature of the property owner if different than the applicant. Mr. Sargent indicated staff feels that it is imperative to be as flexible as possible in allowing eating establishments to start to re-open, as long as all Governor’s orders and city regulations are met. Staff recommends that the City Council approve the proposed interim ordinance suspending the applicable zoning regulations relating to outdoor dining and creating a temporary administrative waiver of expansion of on-sale liquor license sales during the COVID-19 Public Health Emergency. He stated staff will send out notifications to existing restaurants if the interim ordinance is adopted by Council. Council expressed support for the interim ordinance and thanked staff for taking the initiative to help restaurants. Council Member London asked when the interim ordinance would sunset. Mr. Sargent stated it will only be effective until the Governor allows restaurants to fully re-open. He noted if any business desires outdoor dining options on a permanent basis, they would be required to apply for an administrative permit. ORDINANCE 20-09 Item 10.2 Council Member Elder introduced the following ordinance and moved its adoption: “ORDINANCE 20-09, AN INTERIM ORDINANCE ESTABLISHING NEW HOPE CODE SECTION 1-5(L) SUSPENDING THE APPLICABLE ZONING REGULATIONS RELATING TO OUTDOOR DINING AND CREATING A TEMPORARY ADMINISTRATIVE WAIVER OF EXPANSION New Hope City Council May 26, 2020 Page 8 OF ON-SALE LIQUOR LICENSE SALES DURING THE COVID-19 PUBLIC HEALTH EMERGENCY (AND SUMMARY ORDINANCE).” The motion for the adoption of the foregoing ordinance 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 ordinance 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 London, to adjourn the meeting, as there was no further business to come before the Council. All present voted in favor. Motion carried. The New Hope City Council adjourned at 8:57 p.m. Respectfully submitted, Valerie Leone, City Clerk I:\RFA\City Manager\2020\6.1 Business Licenses\TNT Fireworks Tent\6.1 Q-Business License_TNT Fireworks.docx Request for Action June 8, 2020 Approved by: Kirk McDonald Originating Department: City Manager By: Valerie Leone, City Clerk-Treasurer Agenda Title Approval of business license(s) Requested Action In accordance with Chapter 8 of the New Hope Code, all applications for business licenses must be presented to the City Council for consideration. Staff recommends approval of all listed requests. Background All required paperwork and fees have been received for the following business: American Promotional Events (dba TNT Fireworks) 4003 Helton Drive, Florence, Alabama 35630 License Location: 8200 42nd Avenue North (Hy-Vee Parking Lot) Fireworks Attachments:  Memo from West Metro Fire-Rescue re: Fireworks Application, TNT Fireworks Agenda Section Consent Item Number 6.1 G:\City Manager\AGENDA\6.2 R-Approval of Claims Merge Doc.docx Request for Action June 8, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Approval of claims through June 8, 2020 Requested Action Claims for services and commodities purchased through this period are listed on the Check Disbursement Report Attachments x Check Disbursement Report Agenda Section Consent Item Number 6.2 I:\RFA\City Manager\2020\Protecting Community Television Act\6.4 Q&R Protecting Community Television Act.docx Request for Action June 8, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Resolution in Support of the Protecting Community Television Act Requested Action Staff recommends that the City Council approve the attached resolution in support of the Protecting Community Television Act. Policy/Past Practice The city is a member of the Northwest Suburbs Cable Communications Commission and in the past has supported local community public education and governmental programming as a source for local residents to have access to coverage of local events. Background New Hope is a member of the Northwest Suburbs Cable Communications Commission, which is a joint powers commission that includes the cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth, and Robbinsdale. Council Member Hoffe and the city manager serve on the commission representing New Hope. At the May 21, 2020 commission meeting, the cable commission approved the attached resolution in support of the Protecting Community Television Act and requested that member cities also approve the resolution. CCX Media is funded through franchise fee revenues and member cities require as part of the cable franchise agreements that cable companies meet community needs by providing non-monetary in- kind contributions that benefit member cities, local schools, public safety buildings, and CCX Media. In 2019, the Federal Communications Commission (FCC) departed from the language of the Cable Act and ruled that a franchise fee is both a monetary and non-monetary fee and permits cable companies to assign a value to non-monetary in-kind contributions and subtract that amount from the franchise fees the cable operator pays the local community. The FCC order results in decreased funding to CCX Media and member cities. The Protect Community Television Act has been introduced in Congress and its goal is to maintain the status quo by reversing the FCC order and allowing franchise fees to be calculated as monetary only fees. It is supported in the House by two representatives from Minnesota and in the Senate by both senators from Minnesota. It is also supported by a number of municipal organizations, including the League of Minnesota Cities. Agenda Section Consent Item Number 6.4 Request for Action, Page 2 The resolution calls on Congress to pass legislation which would undo the FCC’s previous action. Staff recommends approval of the resolution. If approved, the resolution will be sent to both Minnesota senators and our representative, and a copy made available to CCX Media. Attachments  Resolution  CCX Memo from May 21, 2020 City of New Hope Resolution No. 2020 - Resolution in Support of the Protecting Community Television Act WHEREAS, the city of New Hope is a member of the Northwest Suburbs Cable Communications Commission (the "Commission"), a Joint Powers Commission organized pursuant to Minn. Stat. Â§ 4 71.59, as amended, and includes the municipalities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth, Robbinsdale Minnesota (collectively the "Member Cities"); and WHEREAS, the Commission negotiates and manages the cable franchises agreements of the Member Cities and operates CCX Media, a local community public educational and governmental ("PEG") community media center on behalf of the Member Cities; and WHEREAS, CCX Media provides coverage of local events, such as local high school sporting events and most government meetings that local broadcast stations (i.e., WCCO, KSTP, KMSP, and KARE) typically will not cover, and, in light of a rapidly decreasing print media, CCX Media is the principal, and may soon be the sole, source for local residents to have access to coverage of local events; and WHEREAS, CCX Media is funded through franchise fee and PEG fee revenues negotiated in the cable franchise agreements; and WHEREAS, the Member Cities require, as part of the cable franchise agreements, that cable companies meet demonstrated community needs by providing non-monetary in-kind contributions that benefit the Member Cities, local schools, public safety buildings, as well as CCX Media; and WHEREAS, in 1984 Congress defined a franchise fee as a "tax, fee, or assessment" and, for the past 35 years, it has been solely a monetary fee; and WHEREAS, last year the FCC departed from the clear language of the Cable Act and ruled that a franchise fee is both a monetary and non-monetary fee and permits cable companies to unilaterally assign a value to the non-monetary in-kind contributions and then subtract that amount from the franchise fees the cable operator pays the local community; and WHEREAS, the FCC order results in decreased vital funding to the Member Cities and CCX Media; and WHEREAS, the Protect Community Television Act (currently S. 3218/HR 5659) has been introduced in Congress and its goal is to maintain the status quo by reversing the FCC order and allowing franchise fees to be calculated as they have been for over 35 years as monetary only fees; and WHEREAS, the Protect Community Television Act (currently S. 3218/HR 5659) has been introduced in Congress and its goal is to maintain the status quo by reversing the FCC order and allowing franchise fees to be calculated as they have been for over 35 years as monetary only fees; and WHEREAS, this legislation is supported by the National League of Cities, the U.S. Conference of Mayors, the National Association of Counties, the Minnesota League of Cities, and NATOA.; and NOW, THEREFORE, BE IT RESOLVED that the City cal1s on Congress to pass legislation, such as the Protect Community Television Act, which would undo the FCC's action; and BE IT FURTHER RESOLVED that the City urges all House members and Senators from Minnesota to cosponsor the Protect Community Television Act. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of June, 2020. ______________________________ Mayor Attest: ________________________ City Clerk I:\RFA\City Manager\2020\Q-elec jud appt 2020 Aug Election.docx Request for Action June 8, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk/Treasurer Agenda Title Resolution appointing election judges for Primary Election of August 11, 2020 Requested Action Staff recommends adoption of the resolution appointing election judges. Policy/Past Practice The city must follow state statutes relative to election law. Background M.S.§204B.21 requires each municipality to adopt a resolution appointing election judges. Appointments must be made at least 25 days prior to the election during which the judges will serve. All judges are required to attend a paid training session. Staffing levels for the polling places are four to six persons depending on precinct size. Many judges work half day shifts. Spouses can both serve as election judges, but they cannot work at the same polling place during the same shift. Any Minnesota resident who is eligible to vote and is able to read, write, and speak English may serve as an election judge. Election judges are paid $11.50 per hour. Due to COVID-19 many election judges have declined to work this election. The city will continue to recruit for election judges as the November election typically has a high voter turnout and requires more election judges. Also due to COVID-19, the city is not allowed to bring election judges into the city’s three health care facilities for absentee voting. The process will be conducted by mail and nursing home staff will be trained to assist voters. The city is strongly promoting absentee balloting (also known as early voting) which opens June 26. Hennepin County issues absentee ballots for on-line applications, and city staff handles ballot issuance for walk-in voters. Attachments  Resolution  Exhibit A - list of election judges Agenda Section Consent Item Number 6.5 City of New Hope Resolution No. 2020 - Resolution appointing election judges for Primary Election of August 11, 2020 WHEREAS, the City Clerk has submitted for approval a list of election judges to officiate at the Primary Election of August 11, 2020; and WHEREAS, said list includes those individuals who have agreed to serve as Election Judges; and WHEREAS, Minnesota Statute Section 203B.121 requires establishment of an Absentee Ballot Board to facilitate the absentee process for an upcoming election; WHEREAS, City Hall serves as an absentee ballot center for the residents of New Hope; and WHEREAS, Hennepin County staff may also serve as election judges to administer absentee ballots on behalf of New Hope voters under the direction of the Hennepin County Elections Manager; and WHEREAS, the City Clerk has the authority per MS 204B.21 subd. 2 to add additional Election Judges within the 25-day period before each election if it is determined that additional elections judges are required to conduct the election; and NOW, THEREFORE BE IT RESOLVED the New Hope City Council hereby approves the attached list of election judges to officiate at the Primary Election. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of June, 2020. ____________________________ Mayor Attest: ______________________________ City Clerk EXHIBIT A Last First Ancier LeeAnn Beaver Sharon Butler Sarah Collier Patti Cranbrook Carole Crane Brian Derfus Gloria Fedje Richard Fernandez Shanelle Fernandez Wilmer Fundingsland Donna Gale III Edward Goldman Beverly Goldman Joseph Grant Marcia Grant Robert Hamilton Colleen Harma Roger Harma Marilyn Harms Piper Hodgson Alice Holm Ilene Jain Rodger Jans Glenn Janzen Shirley Jayne Michelle Johnson Nancy Johnson Michael Land Barbara Landy Roger Lietzow Jay Miller Glenn Moline Timothy Nelson David Nolte Sandra Nyce David Peterson Margaret Quinn Caitlin Reid Jamila Last First Schafer Matthew Schwenneker Ronda Spilde Marge Stulberg Elizabeth Swenson Paul Torgerson Jason Zahn Zelda I:\RFA\P&R\Golf Course\2020\Plant Sale\Donation - Plant Sale.docx Request for Action June 8, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director Agenda Title Motion to accept a $1,675 donation for the golf course Requested Action Staff requests that the City Council approve a motion to accept this generous donation of $1,675 in proceeds from a plant sale that was hosted by Mayor Kathi Hemken and Lorraine Kloss on Saturday, May 16, 2020. The donation will be used to purchase either a fountain for one of the ponds or plant trees to replace some that have been removed because of disease, storm damage, or old age. Policy/Past Practice It is past practice for the City Council to formally accept donations. Background Mayor Hemken and Lorraine Kloss are frequent golfers at New Hope Village Golf Course. Last fall, they came up with the idea to offer a plant sale using extra perennials from the golf course and adding plant donations from friends. Several plant cuttings were started last fall and kept at their homes. This spring, they spent a significant amount of time dividing golf course perennials and preparing for the sale. COVID-19 presented a challenge, but did not keep the sale from taking place. The plants were set-up on the west patio and shoppers had to travel in a one-way pattern to maintain social distancing. Signage was added to identify the plants available and the cost, which was 2 plants for $5. A payment box was used to limit the exchange of money, and exact payments were expected; change was not provided. Following the sale on May 16, remaining plants continued to be sold by golf course staff. The event was extremely successful and many shoppers left with new plants for their gardens. In addition, the golf course benefits from the donation of the proceeds by being able to purchase either a fountain for one of the ponds or plant additional trees on the course. Staff truly appreciates all of the time and energy that was put into the event by Mayor Hemken and Ms. Kloss. Thank you letters will be sent. Attachments  Photos of plant sale Agenda Section Consent Item Number 6.6 Golf Course 2020 Plant Sale I:\RFA\COMM DEV\AnnualRenewal-RFA\Signs waive fees\Q-Farmers Market.docx Request for Action June 8, 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 for New Hope Community Farmers Market to be held June 20, 2020, through October 3, 2020, and waiving limit of ten temporary sign permits allowed per year Requested Action Staff requests that the City Council approve waiving the permit fees for temporary signs for the New Hope Community Farmers Market to be held from June 20, 2020, though October 3, 2020, and waiving the limit of ten temporary sign permits allowed per year. Policy/Past Practice The City Council has routinely waived fees in the past for schools and non-profit organizations that benefit the community. Background The New Hope Community Farmers Market was established as a 501(c)(4) non-profit in 2009 and will be entering its 12th season. The market will be held on Saturdays from June 20, 2020, through October 3, 2020, in the New Hope City Hall parking lot and/or Xylon Avenue North adjacent to the New Hope City Hall. CM Elder, a member of the Farmers Market board of directors, has requested that the city waive $760 in fees for 19 temporary sign permits (issued for seven days each) between June 20, 2020, and October 3, 2020, and waive the limit of ten temporary sign permits allowed per year. A large trailer sign will be moved weekly to different locations with consent from property owners. The message varies depending on the time of year. Recommendation Staff recommends approval of a motion waiving the fees for the temporary sign permits and the limit on number of permits per year. Attachments  Sign permit application (will be forwarded upon receipt) Agenda Section Consent Item Number 6.7 I:\RFA\PUBWORKS\2020\Council\1017 2018 Seal Coat Fog Seal\Final Payment Request for Action June 8, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Title Resolution approving final payment to Pearson Brothers, Inc. in the amount $13,510.65 for the 2018 Crack Repair and Seal Coat Project (Improvement Project No. 1017) Requested Action Staff recommends that City Council accept the 2018 Crack Repair and Seal Coat Project and authorize final payment. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The 2018 project included crack sealing the remainder of the 2015 mill and overlay area, the 2015 full reconstruction area, the 2016 mill and overlay area and 62nd Avenue between Boone Avenue and West Broadway. This can be seen on the attached project map. The 2018 project also included the crack sealing, seal coating and fog sealing of Boone Avenue between 49th and 42nd Avenues and a residential area that can be seen on the attached project map. This includes the streets reconstructed in 2011. In addition to road maintenance, the project also included the parking lots at the lighted field on 49th Avenue and the parking lots at Public Works. Due to some warranty issues with the crack repair on Boone Avenue, this project was kept open until repairs were made. The contractor returned three times to make repairs, but none of the repairs were permanent solutions and the cracks continued to deteriorate. Staff ultimately spray patched the areas this spring. The cost for staff to address this warranty work was $1,000 which is withheld from the final payment to the contractor. Funding The 2018 CIP listed $407,730 for roadway crack repair, seal coat and fog seal in 2018, funded by the street infrastructure fund. An additional $57,000 was identified in the CIP for the seal coat/fog seal of the parking lots. Both of these CIP budgets included indirect costs. The original contract amount was $291,853.30, which compared to the Engineer’s Estimate of Construction Cost of $415,200. The final construction amount is $289,213.05 which is $2,640.25 under the original contract amount due to slight differences in the crack repair material. Agenda Section Consent Item Number 6.8 Attachments  Resolution  City Engineer Memorandum  Area Map  Pay Request City of New Hope Resolution No. 20- Resolution approving final payment to Pearson Brothers, Inc. in the amount $13,510.65 for the 2018 Crack Repair and Seal Coat Project (project no. 1017) WHEREAS, the infrastructure improvement identified follow the pavement management strategy adopted by the Council; and WHEREAS, the city has entered into a contract with Pearson Brothers, Inc. for construction of the 2018 Crack Repair and Seal Coat project; and WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project no. 1017 and approve final payment to Pearson Brothers, Inc. in the amount of $13,510.65; and WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily completed and recommends, along with staff, final payment be made to Pearson Brothers, Inc. NOW, THEREFORE, BE IT RESOLVED, 1. That the City Council accepts the 2018 Crack Repair and Seal Coat project from Pearson Brothers, Inc. 2. That the city manager is hereby directed to authorize the final payment in the amount of $13,510.65. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of June, 2020. Mayor Attest: City Clerk Stantec Consulting Services Inc. 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309 June 3, 2020 File:193804235 Attention:Bernie Weber, Director of Public Works City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Bernie, Reference: Final Payment Request No. 3 & Final – 2018 Crack Repair and Seal Coat City Project No. 1017 Enclosed find Payment Request No. 3 & Final for the above referenced project. The contractor, Pearson Bros., Inc. has completed the work in accordance with the contract plans and specifications. There was warranty crack fill work on Boone Avenue that was recently addressed by Public Works staff. The cost to address the warranty work was $1,000, and the final payment request was adjusted by that amount. It is recommended that final payment of $13,510.65 is made, and the City of New Hope accepts the project. The Final Construction Amount is $289,213.05, or $2,640.25 under the Original Contract Amount of $291,853.30. If you have any questions or require further information, please call me at (612) 712-2021. Regards, Stantec Consulting Services Inc. Dan D. Boyum, P.E. City Engineer Phone: 612 712 2021 dan.boyum@stantec.com Attachments:Pay Request No. 3 & Final, IC-134 Form c.Kirk McDonald, Valerie Leone, Dave Lemke, Shawn Markham, Andrew Kramer, Megan Hedstrom – New Hope; Stacy Woods – City Attorney; Ann Dienhart – Stantec. City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 Page 2 of 4 Client Project Number: Payment Number: 3/FINAL Payment Summary No.Up To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 2018-08-27 215937.5 10,796.88 205,140.62 2 2018-10-11 74275.55 3,713.77 70,561.78 3/FINAL 2020-05-20 -1000 (14,510.65)13,510.65 Funding Category Name Funding Category Number Work Certified to Date Less Amount Retained Less Previous Payments Amount Paid this Request Total Amount Paid to Date Street Fund 1 289,213.05 0.00 275,702.40 13,510.65 289,213.05 Accounting Number Funding Source Amount Paid this Request Revised Contract Amount Funds Encumbered to Date Paid Contractor to Date 001 City Funds 13,510.65 290,853.30 291,853.30 289,213.05 Contract Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date 1 2021.501/ 00010 MOBILIZATION LS 5,000.00 1 0 0.00 1 5,000.00 2 2563.601/ 00010 TRAFFIC CONTROL LS 5,000.00 1 0 0.00 1 5,000.00 3 2331.608/ 00020 CRACK SEAL (ROUTE AND SEAL)LB 1.75 29000 0 0.00 31200 54,600.00 4 2356.505/ 00010 BITUMINOUS MATERIAL FOR SEAL COAT, CRS-2 GAL 2.45 30300 0 0.00 31000 75,950.00 5 2356.604/ 00022 SEAL COAT AGGREGATE, FA-2 (MOD), TRAP ROCK SY 0.50 121000 0 0.00 114815 57,407.50 6 2355.604. 00011 BITUMINOUS MATERIAL FOR FOG SEAL SY 0.25 121000 0 0.00 114815 28,703.75 7 2564.531/ 00131 SIGN PANELS TYPE C SF 90.00 110 0 0.00 110 9,900.00 8 2582.502/ 10104 4" SOLID LINE PAINT LF 1.00 8800 0 0.00 8857 8,857.00 9 2582.502/ 12404 4" DOUBLE SOLID LINE PAINT LF 0.70 2650 0 0.00 2580 1,806.00 10 2582.503/ 10304 4" DOTTED LINE PAINT LF 3.00 100 0 0.00 100 300.00 11 2582.502/ 10204 4" BROKEN LINE PAINT LF 0.31 230 0 0.00 330 102.30 12 2582.502/ 10124 24" SOLID LINE PAINT LF 6.50 300 0 0.00 259 1,683.50 13 2582.501/ 10000 PAVEMENT MESSAGE PAINT SF 10.00 950 0 0.00 636 6,360.00 14 2582.618/ 09010 CROSSWALK MARKING, WHITE PAINT SF 7.00 500 0 0.00 558 3,906.00 City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 Page 3 of 4 Client Project Number: Payment Number: 3/FINAL Contract Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date 15 2021.501/ 00010 MOBILIZATION LS 1,000.00 1 0 0.00 1 1,000.00 16 2563.601/ 00010 TRAFFIC CONTROL LS 1,000.00 1 0 0.00 1 1,000.00 17 2356.505/ 00010 BITUMINOUS MATERIAL FOR SEAL COAT, CRS-2 GAL 5.00 725 0 0.00 780 3,900.00 18 2356.604/ 00022 SEAL COAT AGGREGATE, FA-2 (MOD), TRAP ROCK SY 1.00 2900 0 0.00 2900 2,900.00 19 2355.604. 00011 BITUMINOUS MATERIAL FOR FOG SEAL SY 0.50 2900 0 0.00 2900 1,450.00 20 2582.501/ 10000 PAVEMENT MESSAGE PAINT SF 250.00 8 0 0.00 8 2,000.00 21 2582.502. 11104 4" SOLID LINE, WHITE PAINT LF 1.00 1400 0 0.00 1400 1,400.00 22 2021.501/ 00010 MOBILIZATION LS 500.00 1 0 0.00 1 500.00 23 2563.601/ 00010 TRAFFIC CONTROL LS 500.00 1 0 0.00 1 500.00 24 2331.608/ 00020 CRACK SEAL (ROUTE AND SEAL)LB 2.00 1000 0 0.00 1000 2,000.00 25 2356.505/ 00010 BITUMINOUS MATERIAL FOR SEAL COAT, CRS-2 GAL 4.00 1050 0 0.00 1080 4,320.00 26 2356.604/ 00022 SEAL COAT AGGREGATE, FA-2 (MOD), TRAP ROCK SY 0.79 4000 0 0.00 4000 3,160.00 27 2355.604. 00011 BITUMINOUS MATERIAL FOR FOG SEAL SY 0.30 4000 0 0.00 4000 1,200.00 28 2582.501/ 10000 PAVEMENT MESSAGE PAINT SF 19.50 120 0 0.00 120 2,340.00 29 2582.502. 11104 4" SOLID LINE, WHITE PAINT LF 0.69 4300 0 0.00 4300 2,967.00 Base Bid Totals:$0.00 $290,213.05 Project Category Totals Project Category Amount This Request Amount To Date 1017 Part A: Streets 0.00 259,576.05 1017 Part B: Public Works Parking Lots 0.00 13,650.00 1017 Part C: 49th Avenue Ballfield Parking Lots 0.00 16,987.00 City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 Page 4 of 4 Client Project Number: Payment Number: 3/FINAL Contract Change Item Status CC CC#Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date SA 1 30 999.0 012 Crack Repairs by Owner LS (1,000.00)1 1 (1,000.00)1 (1,000.00) Contract Change Totals:$(1,000.00)$(1,000.00) Contract Total With Contract Change:$289,213.05 Contract Change Totals Number Description Amount This Request Amount To Date 1 Crack Repairs by Owner (1,000.00)(1,000.00) A RENAICE C S A H 1 5 6 MEDICINE LK RD 40TH AVE N 42ND AVE N 47TH AVE N 49TH AVE N B O O N E A V E N W I N N E T K A A V E N BASSLAKERD B O O N E A V E N W I N N E T K A A V E N 36TH AVE N 49TH AVE N PUB LICWORKS ATHLETIC FIELDS 62ND AVE N Q U E B E C A V E N LEGEND CRACK REPAIR, SEAL COAT & FOG SEAL CRACK REPAIR ONLY PARKING LOT SEAL COAT & FOG SEAL ONLY PARKING LOT CRACK REPAIR, SEAL COAT & FOG SEAL DATE:PROJ. NO.: P l o t D a t e : 0 4 / 1 6 / 2 0 1 8 - 1 2 : 3 1 p m D r a w i n g n a m e : V : \ 1 9 3 8 \ a c t i v e \ 1 9 3 8 0 4 2 3 5 \ C A D \ D w g \ 1 9 3 8 0 4 2 3 5 _ B A S E . d w g X r e f s : , 3 4 P a r c e l , 1 9 3 8 0 4 2 3 5 _ B A S E 2335 Highway 36 W St. Paul, MN 55113 www.stantec.com LOCATION PLAN CITY OF NEW HOPE 2018 CRACK REPAIR, SEAL COAT AND FOG SEAL PROJECT 4/16/2018 F I G U R E :1 193804235 N 12000 2400 49TH AVE ATHLETIC FIELDS PARKING LOTS PUBLIC WORKS PARKING LOTS I:\RFA\PUBWORKS\2020\Council\1037 Meadow Lake Project Request for Action June 8, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Title Resolution approving a memorandum of understanding with the city of New Hope and the Shingle Creek Watershed Management Commission for the Meadow Lake Drawdown (Meadow Lake Improvement Project No. 1037). Requested Action Staff requests the approval of a resolution approving a memorandum of understanding between the city of New Hope and Shingle Creek Watershed Management Commission for the drawdown of Meadow Lake and subsequent project activities (Meadow Lake Improvement Project No. 1037). Policy/Past Practice The City Council routinely considers cooperative agreements due to the economics and efficiencies of doing so. The city of New Hope has participated with Shingle Creek Watershed Management Commission on water quality projects for many years. Background The attached memorandum of understanding sets forth the obligations of Shingle Creek Watershed Management Commission (SCWMC) and New Hope in undertaking the project. The agreement establishes that SCWMC shall be the lead agency in design, engineering, construction, and construction administration of the project. The City will be responsible for acquiring all necessary right of way permits and/or other governmental agency-required permits needed for the project. The city will be responsible for all project costs in 2020 and will be reimbursed in full by SCWMC in 2021 once funds are levied. The city’s attorney has reviewed the attached memorandum of understanding as well as the attached project scope and the terms and conditions provided by the Commission’s engineering firm Wenck. A cooperative agreement with further details will be brought to Council in October. The cooperative agreement cannot be drafted until the project is ordered by the Commission, which is scheduled to occur at the September SCWMC meeting. The Commission has approved this project to be placed on the proposal for the Hennepin County Levy and does not anticipate any issues with finalizing this levy request and ordering the project in September. The project generally consists of a winter drawdown of Meadow Lake followed by monitoring, a potential summer drawdown, chemical treatment of invasive plant and fish species, and eventual alum treatment. Of these items, the city will be responsible for funding the initial monitoring and draw down. Costs are estimated to not exceed $70,000. These costs will be reimbursed in full by SCWMC in 2021 after the funds are levied. In addition, the city will also be responsible for the drawdown of the Golf Course Pond, which will be handled by Public Works staff. The city is also responsible for additional maintenance work that may be needed at the outlet pipe connecting the Golf Course Pond to Meadow Lake. Agenda Section Development & Planning Item Number 8.1 The SCWMC engineer and city staff have been working closely with area residents for over a year on this project. The drawdown will require 75% of lakeshore property owners to sign off on the drawdown procedure. Recently the SCWMC engineer and the city’s stormwater specialist presented about the project at the May 16 Meadow Lake Watershed Association’s Annual Meeting. The lake association has previously communicated with staff that they support the project in full, the most recent communication is attached. Funding The memorandum of understanding identifies a total cost in 2020 of $70,000 with the city paying for all 2020 costs which will be reimbursed in full by SCWMC in 2021. AEM has reviewed the stormwater fund and verified that it can support this cost. The city estimates the cost of replacing the outlet pipe and drawing down the golf course pond to be $20,000 which will be funded through the yearly $100,000 CIP funds that are dedicated to addressing TMDL’s (Total Maximum Daily Load). Attachments  Resolution  Memorandum of Understanding  Wenck Project Proposal  Wenck Terms and Conditions  Meadow Lake Watershed Association Letter of Support  AEM Memorandum City of New Hope Resolution No. 20- Resolution approving a memorandum of understanding with the city of New Hope and the Shingle Creek Watershed Management Commission for the Meadow Lake Drawdown (Meadow Lake Improvement Project No. 1037) WHEREAS, the city of New Hope and the Shingle Creek Watershed Commission have been negotiating to bring improvements to Meadow Lake; and, WHEREAS, said improvements include monitoring, drawdown, chemical treatment of invasive plant and fish species and alum treatment; and, WHEREAS, a project proposal and terms and conditions have been prepared by the Shingle Creek Watershed Management Commission’s engineering firm Wenck Associates, Inc; and, WHEREAS, a memorandum of understanding has been prepared between the city of New Hope and Shingle Creek Watershed Management Commission setting forth the scope of work, terms, and conditions for sharing project costs. NOW, THEREFORE, BE IT RESOLVED, 1. That the above recitals are incorporated herein by reference. 2. That the memorandum of understanding between the city of New Hope and Shingle Creek Watershed Management Commission for the Meadow Lake Project is approved. 3. The Mayor and City Manager (the “Officers”) are authorized and directed to sign the same on behalf of the city when the following condition is met: Substantial conformance of the joint powers agreement to the form of agreement presented to the Council as of this date, with such additions and/or modifications as the Officers may deem necessary or desirable as evidenced by their execution thereof. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 8th day of June, 2020. Mayor Attest: City Clerk MEMORANDUM OF UNDERSTANDING BY AND BETWEEN SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION AND THE CITY OF NEW HOPE THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into by and between the Shingle Creek Watershed Management Commission, a joint powers watershed management organization, (“Commission”) and the City of New Hope, a Minnesota municipal corporation (“City”). The Commission and the City may hereinafter be referred to individually as a “party” or collectively as the “parties.” RECITALS A. The City intends to undertake a project to draw down Meadow Lake (“Lake”) within the City in accordance with engineering plans to be developed (“Project”). B. The Project will be conducted in two phases, with phase 1 including the initial 2020 monitoring work necessary to scope and permit the drawdown; the installation, operation, and removal of the pumps; and design of one or more fish barriers, and the work to draw down the Lake. Phase 2 work will include work in 2021 and beyond and may include further drawdowns; alum treatments; and fish and invasive aquatic vegetation treatment (“Phase 2”). C. The City is seeking up to $70,000 in funding from the Commission to reimburse the City for the costs it incurs for the Project. D. The Project is among the types of capital projects the Commission may fund and it has received $18,129 in BWSR Watershed Based Funding (“BWSR Grant”) that may be allocated to the Project. E. The Commission intends to consider and act in the fall of 2020 to include the Project in its levy request for payable 2021, but for now is supportive of the Project and the parties desire to enter into this MOU to address the initiation of the Project and its future funding. AGREEMENT In consideration of the mutual promises contained herein, the parties agree as follows: 1. Funding. The Commission agrees to undertake the procedures needed to allocate up to $70,000 in funding, inclusive of the BWSR Grant, to reimburse the costs the City incurs to complete the Project. The costs eligible for reimbursement will be identified in a cooperative and subgrant agreement (“Cooperative Agreement”) the parties must enter into before the Commission may reimburse any of the City’s costs. The Cooperative Agreement will also require the City to comply with the requirements of the BWSR Grant to ensure the funds may properly be used for the Project. 2. Project. The City is solely responsible for undertaking the Project, obtaining all required permits, and for otherwise complying with all applicable laws. 3. Implementation. The parties agree to work in good faith to negotiate and enter into the Cooperative Agreement and to undertake the required procedures and to seek the required approvals to undertake and fund the Project. The parties have entered into this MOU effective as of the date of the last party to execute it. CITY OF NEW HOPE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION _______________________ ____________________________ Mayor Chair ____________________________ _____________________________ City Manager Secretary ____________________________ ______________________________ Date Date Wenck Associates, Inc.| 7500 Olson Memorial Highway|Suite 300 |Golden Valley, MN 55427 Toll Free 800-472-2232 Main763-252-6800Email wenckmp@wenck.com Web wenck.com May 20, 2020 Bernie Weber Public Works Director City of New Hope, MN RE: Proposal for Professional Services Related to Meadow Lake Winter Drawdown Phase 1 Dear Mr. Weber: Thank you for this opportunity to present this proposal for professional services related to Phase 1 of the proposed drawdown of Meadow Lake. This proposal is based on our May 12, 2020 meeting and our subsequent discussion with the DNR Area Hydrologist Lucas Youngsma. We have defined Phase 1 as being the initial 2020 monitoring the work necessary to scope and permit the drawdown; the installation, operation, and removal of the pumps; and design of one or more fish barriers. This does not include any engineering of improvements to the Golf Course Pond, although we do include hours for coordination with the City’s staff and consultant. Based on our discussion with the Area Hydrologist, there are benefits to including the pond drawdown in the lake drawdown permit, such as incurring only one water appropriation permit fee. We have assumed a combined permit application in that task below. Work to be completed in 2021 will be considered in Phase 2 of this project, based on the results of Phase 1. The following gives the background for the project and provides a scope and budget for the proposed work. Scope of Work Task 1: Monitoring This task is to characterize the baseline sediment, water quality, and biological conditions of the lake prior to drawdown. This includes:  Taking sediment cores from the lake and if desired from the golf course pond, transmittal to the lab at UW-Stout for analysis, and the cost of the analysis.  Taking zooplankton and phytoplankton samples, analysis of the phytoplankton and lab costs for the zoo plankton analysis.  Conducting pre-drawdown aquatic vegetation, fish, turtle, and amphibian surveys and surveys for any other wildlife requested by the DNR for the permit review. Task 2: Permitting This task is to develop the Water Appropriation Permit application. Much of the required background information has already been developed as part of the TMDL 5 Year Review and Clean Water Fund application. However, we will also need to develop a pumping and operations plan and some additional hydrologic analysis. The DNR will also require additional wildlife survey data, the collection of which is included in Task 1. Phase 3: Drawdown and Operations Wenck will partner with Wenck Response Services (WRS) to develop the drawdown pumping plan and provide pump operations. Our WRS office is about one-half mile from the lake, so they can respond quickly when the need arises. We will coordinate with the City as needed regarding the drawdown of the Golf Course pond. Bernie Weber Public Works Director May 20, 2020 Page 2 2 I:\RFA\PUBWORKS\2020\Council\1037 Meadow Lake Project\a3 Wenck Project Proposal.docx Our estimate assumes the pump or pumps would be installed by WRS around mid-October and would take about 4 days of running continuously to draw down the lake. Intermittent pumping would be required to maintain the drawdown depending on side slope seepage and precipitation. We assumed WRS staff would be on site for 4 hours per day during the initial 4 days of pumping to check on progress, refuel and oil and provide maintenance and troubleshooting as necessary. Following that period WRS staff would make periodic site visits to check conditions, run the pumps as necessary, and maintain them in good working order until they can be removed when conditions have frozen over. We have also included a general budget for fish barriers, although we don’t at this time know what those might be. We will work with the city and the DNR to consider various options, whether they are structural, educational, or some other means of suppressing recruitment of nuisance fish into the lake. Budget Our estimated cost to complete this first phase of services is $41,542. We are prepared to begin this work as soon as the City provides us notice to proceed . However, we note that the timeline is tight. While we can prepare the application quickly and the DNR will promptly review, if there are any hiccups in the process the permit may not be issued in time for the drawdown work to proceed in 2020. If that is the case, we can work to determine the best way to move forward. Table 1. Estimated cost of Wenck professional services and other project costs. Task Hours Prof. Services Expense Total Wenck Fee Other Costs 1-Monitoring 64 $6,816 $4,800 $11,616 2-Permitting 70 10,902 200 11,102 3- Drawdown & Fish Barrier 140 18,024 800 18,824 Pump Rental $20,000 Fish Barrier(s) 8,000 $35,742 $5,800 $41,542 $28,000 Attached is Wenck’ s standard Terms and Conditions. Let me know if you have any questions or need additional information. I can be reached at ematthiesen@wenck.com or 612-325-6442. If you find this proposal acceptable, it along with the Terms and Conditions will serve as our Professional Services Agreement. Thanks for the opportunity to work with you on this project. Sincerely, Wenck Associates, Inc. Ed Matthiesen, PE Principal GENERAL TERMS AND CONDITIONS 1 Article 1 Our Agreement 1.1 Our agreement with you consists of these General Terms and Conditions and the accompanying written proposal or authorization (Agreement). This Agreement is our entire Agreement and supersedes all prior agreements. This Agreement may be modified only in a writing signed by both us and you, making specific reference to the provision modified. Directing us to start work prior to execution of this Agreement constitutes your acceptance of this Agreement. 1.2 The words “you,” “we,” “us,” and “our” include officers, employees, and subcontractors. 1.3 Any conflicting or additional terms in a purchase order, work order, or other form used to authorize our services are not part of our Agreement unless we specifically accept them in writing. If we cannot agree on mutually acceptable terms, we have the right to withdraw our proposal without liability to you or others, and you will compensate us for services already rendered. Article 2 Our Responsibilities 2.1 We will provide the services specifically described in our Agreement. You agree that we are not responsible for services that are not fairly included in our specific undertaking. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 2.2 In performing our services, we will use that degree of care and skill ordinarily exercised by reputable members of our profession practicing under similar circumstances in the same locality at the same time. 2.3 Our duties do not include supervising your contractors or commenting on, overseeing, or providing the means and methods of their work, unless we accept such duties in writing. We will not be responsible for the failure of your contractors to perform in accordance with their undertakings, and the providing of our services will not relieve others of their responsibilities to you or to others. 2.4 We will provide a health and safety program for our employees, but we will not be responsible for contractor, job, or site health or safety unless we accept that duty in writing. You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. 2.5 Our estimates of construction or remediation costs will be based on information available to us and on our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. 2.6 Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and that site conditions may change over time. Article 3 Your Responsibilities 3.1 You agree to provide us with all site information and data to which you have access which may affect our services. We will not be responsible for locating buried objects at the site unless we accept that duty in writing. You agree to hold us harmless from claims, damages, losses, and related expenses involving buried objects that were not properly marked or identified or of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others on your behalf furnished to us. 3.2 You will provide access to the site. In the course of our work some damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site but we will not be responsible for reasonable or normal damage. We have not included the cost of restoration of such damage in the estimated charges. 3.3 You agree to provide us with information in your possession or control relating to contamination at the work site. 3.4 Neither this Agreement nor the providing of services will operate to make us an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous materials. You agree to hold us harmless and indemnify us from any such claim or loss. 3.5 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless we accept that duty in writing. 3.6 You agree to make disclosures required by law. In the event you do not own the site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless and indemnify us from claims related to disclosures made by us that are required by law and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Article 4 Reports and Records 4.1 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property but are subject to a license to you for your use in the related project for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. At your request, we will provide endorsements of our reports or letters of reliance, but only if the recipients agree to be bound by the terms of our agreement with you and only if we are paid the administrative fee stated in our then current Schedule of Charges. 4.2 Because electronic documents may be modified intentionally or inadvertently, you agree that we will not be liable for damages resulting from change in an electronic document occurring after we transmit it to you. 4.3 If you do not pay for our services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. GENERAL TERMS AND CONDITIONS 2 4.4 Samples and field data remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 4.5 Electronic data, reports, photographs, samples and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. Article 5 Compensation 5.1 You will pay for services as agreed upon or according to our then current Schedule of Charges if there is no other written agreement as to price. An estimated cost is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices on receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 5.3 If you direct us to invoice another, we will do so, but you agree to be responsible for our compensation unless you provide us with that person's written acceptance of all terms of our Agreement and we agree to extend credit to that person and to release you. 5.4 Your obligation to pay for our services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of lawsuit in which we are not involved, your successful completion of a project, receipt of payment from another, or any other event. No retainage will be withheld. 5.5 You agree to compensate us in accordance with our fee schedule if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.6 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work change, or if changed labor union conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice and we will receive an equitable adjustment of our compensation. 5.7 In consideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to fees otherwise due us. Article 6 Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party’s representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Neither of us will be liable for special, incidental, consequential, or punitive damages, including but not limited to those arising from delay, loss of use, loss of profits or revenue, loss of financing commitments or fees, or the cost of capital. 6.3 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the proceeds from available insurance. 6.4 You agree to indemnify and defend us from all liability to others in excess of the risk allocation stated above and to insure this obligation. 6.5 The prevailing party in any action relating to this agreement shall be entitled to recover its costs and expenses, including reasonable attorney fees, staff time, and expert witness fees. 6.6 The law of the state in which our servicing office is located will govern all disputes. Each of us waives trial by jury. Article 7 General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it may be necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 7.3 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Article 8 Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 8.3 Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 8.4 Our Agreement may be terminated early only in writing. We will receive an equitable adjustment of our compensation in the event of early termination. 8.5 If a provision of this Agreement is invalid or illegal, all other provisions shall remain in full force and effect. MEMO TO: KIRK MCDONALD FROM: VICKI HOLTHAUS SUBJECT: FUNDING FOR ADVANCE ON MEADOW LAKE PROJECT DATE: JUNE 2, 2020 BACKGROUND The City, lake association and watershed have worked together on a long-term clean-up plan for Meadow Lake. A grant request was submitted for the phase one improvements (3-year period/estimated cost $187,000), but was not funded. The watershed district will be implementing a tax levy in 2021 to pay for the project and has requested that the City advance $70,000 to provide the cash flow necessary to move ahead with this project, until such time as property tax receipts become available in 2021 . The lake association and City entered into a memorandum of understanding further outlining this agreement. The City has requested AEM’s review of the storm water fund cash flow projections to ensure adequate funding is available to cover this advance. ANALYSIS The December 2019 long-term plan projects the storm water fund cash flow now and ten years into the future based on the City’s capital improvement plan and assumptions for future revenue growth (see Appendix A for an excerpt from the long -term plan). The plan illustrates that estimated cash for the years ending 2019 and 2020 will be $680K and $645K, respectively. Further, the 2019 CAFR illustrates that the year -end cash balance in the storm water fund was $707K, which is slightly higher than the year-end cash projected in the long-term plan. Based on our review, the storm water fund has adequate cash flow to cover the advance on the Meadow Lake project. Ci t y o f N e w H o p e , M i n n e s o t a Ca p i t a l I m p r o v e m e n t P l a n - S t o r m W a t e r F u n d 9 3 0 4 Sc h e d u l e o f P l a n n e d C a p i t a l O u t l a y 2 0 1 9 t o 2 0 2 9 20 1 9 2 0 2 0 2 0 2 1 2 0 2 2 2 0 2 3 2 0 2 4 2 0 2 5 2 0 2 6 2 0 2 7 2 0 2 8 2 0 2 9 Ye a r t o Es t i m a t e d E s t i m a t e d E s t i m a t e d E s t i m a t e d E s t i m a t e d E s t i m a t e d E s t i m a t e d Estimated Estimated Estimated Estimated De p a r t m e n t S u b l e d g e r Re p l a c e I t e m C o s t A m o u n t s A m o u n t s A m o u n t s A m o u n t s A m o u n t s A m o u n t s A m o u n t s Amounts Amounts Amounts Amounts St o r m w a t e r 20 1 9 2 0 1 9 I n f r a s t r u c t u r e I m p r o v e m e n t s - W i n p a r k D r i v e 22 5 , 0 0 0 $ 2 2 5 , 0 0 0 $ - $ - $ - $ - $ - $ -$ -$ -$ -$ -$ St o r m w a t e r 20 1 9 R e q u i r e d T M D L p r o j e c t s 50 , 0 0 0 5 0 , 0 0 0 - - - - - - - - - - St o r m w a t e r 20 1 9 Y u k o n w a t e r m a i n / g o l f c o u r s e 8, 0 0 0 8 , 0 0 0 - - - - - - - - - - St o r m w a t e r 20 2 0 W i n n e t k a B e l t l i n e G a s M a i n R e p l a c e m e n t ( H e n n C o ) 25 , 0 0 0 - 2 5 , 0 0 0 - - - - - - - - - St o r m w a t e r 20 2 0 2 0 2 0 I n f r a s t r u c t u r e I m p r o v e m e n t s - N o r t h w o o d E a s t 55 , 4 6 5 - 5 5 , 4 6 5 - - - - - - - - - St o r m w a t e r 20 2 0 R e q u i r e d T M D L p r o j e c t s 10 0 , 0 0 0 - 1 0 0 , 0 0 0 - - - - - - - - - St o r m w a t e r 20 2 1 2 0 2 1 I n f r a s t r u c t u r e I m p r o v e m e n t s - L i o n ' s P a r k 20 0 , 0 0 0 - - 2 0 0 , 0 0 0 - - - - - - - - St o r m w a t e r 20 2 1 R e q u i r e d T M D L p r o j e c t s 10 0 , 0 0 0 - - 1 0 0 , 0 0 0 - - - - - - - - St o r m w a t e r 20 2 1 M L R / R o s a l y n C o u r t - F l o o d M i t i g a t i o n P r o j e c t 50 , 0 0 0 - - 5 0 , 0 0 0 - - - - - - - - St o r m w a t e r 20 2 2 2 0 2 2 I n f r a s t r u c t u r e I m p r o v e m e n t s - L i b e r t y P a r k W 40 , 0 0 0 - - - 4 0 , 0 0 0 - - - - - - - St o r m w a t e r 20 2 2 R e q u i r e d T M D L p r o j e c t s 10 0 , 0 0 0 - - - 1 0 0 , 0 0 0 - - - - - - - St o r m w a t e r 20 2 3 4 2 n d A v e n u e R e h a b ( H e n n C o ) 40 , 0 0 0 - - - - 4 0 , 0 0 0 - - - - - - St o r m w a t e r 20 2 3 2 0 2 3 I n f r a s t r u c t u r e I m p r o v e m e n t s - N o r t h w o o d s E a s t 80 , 0 0 0 - - - - 8 0 , 0 0 0 - - - - - - St o r m w a t e r 20 2 3 R e q u i r e d T M D L p r o j e c t s 10 0 , 0 0 0 - - - - 1 0 0 , 0 0 0 - - - - - - St o r m w a t e r 20 2 4 2 0 2 4 I n f r a s t r u c t u r e I m p r o v e m e n t s - J a y c e e P a r k 50 , 0 0 0 - - - - - 5 0 , 0 0 0 - - - - - St o r m w a t e r 20 2 4 R e q u i r e d T M D L p r o j e c t s 10 0 , 0 0 0 - - - - - 1 0 0 , 0 0 0 - - - - - St o r m w a t e r 20 2 5 2 0 2 5 I n f r a s t r u c t u r e I m p r o v e m e n t s - S t . R a p h a e l 55 , 0 0 0 - - - - - - 55,000 - - - - St o r m w a t e r 20 2 5 R e q u i r e d T M D L p r o j e c t s 10 0 , 0 0 0 - - - - - - 100,000 - - - - St o r m w a t e r 20 2 6 2 0 2 6 I n f r a s t r u c t u r e I m p r o v e m e n t s - N o r t h w o o d s S o u t h 26 0 , 0 0 0 - - - - - - - 260,000 - - - St o r m w a t e r 20 2 6 R e q u i r e d T M D L p r o j e c t s 10 0 , 0 0 0 - - - - - - - 100,000 - - - St o r m w a t e r 20 2 7 R e q u i r e d T M D L p r o j e c t s 10 0 , 0 0 0 - - - - - - - - 100,000 - - St o r m w a t e r 20 2 7 2 0 2 7 I n f r a s t r u c t u r e I m p r o v e m e n t s - N o f B a s s L a k e R d 65 , 0 0 0 - - - - - - - - 65,000 - - St o r m w a t e r 20 2 8 R e q u i r e d T M D L p r o j e c t s 10 0 , 0 0 0 - - - - - - - - - 100,000 - St o r m w a t e r 20 2 8 2 0 2 8 I n f r a s t r u c t u r e I m p r o v e m e n t s - M e a d o w L a k e N o r t h 80 , 0 0 0 - - - - - - - - - 80,000 - St o r m w a t e r 20 2 9 R e q u i r e d T M D L p r o j e c t s 10 0 , 0 0 0 - - - - - - - - - - 100,000 St o r m w a t e r 20 2 9 2 0 2 9 I n f r a s t r u c t u r e I m p r o v e m e n t s 80 , 0 0 0 - - - - - - - - - - 80,000 28 3 , 0 0 0 $ 1 8 0 , 4 6 5 $ 3 5 0 , 0 0 0 $ 1 4 0 , 0 0 0 $ 2 2 0 , 0 0 0 $ 1 5 0 , 0 0 0 $ 155,000 $ 360,000 $ 165,000 $ 180,000 $ 180,000 $ Ci t y o f N e w H o p e , M i n n e s o t a Ca p i t a l I m p r o v e m e n t P l a n - S t o r m W a t e r F u n d 9 3 0 4 St a t e m e n t o f C a s h F l o w s 20 1 9 2 0 2 0 2 0 2 1 2 0 2 2 2 0 2 3 2 0 2 4 2 0 2 5 2 0 2 6 2 0 2 7 2 0 2 8 2 0 2 9 Es t i m a t e d E s t i m a t e d E s t i m a t e d E s t i m a t e d E s t i m a t e d E s t i m a t e d E s t i m a t e d Estimated Estimated Estimated Estimated Ca s h F l o w s f r o m O p e r a t i n g A c t i v i t i e s R e c e i p t s f r o m c u s t o m e r s a n d u s e r s (5% g ro w t h a s s u m p t i o n ) 1, 1 5 0 , 7 9 2 $ 1 , 2 0 8 , 3 3 1 $ 1 , 2 6 8 , 7 4 8 $ 1 , 3 3 2 , 1 8 5 $ 1 , 3 9 8 , 7 9 5 $ 1 , 4 6 8 , 7 3 4 $ 1,542,171 $ 1,619,279 $ 1,700,243 $ 1,785,256 $ 1,874,518 $ P a y me n t s t o s u p p l i e r s a n d e m p l o y ee s (5% g ro w t h a s s u m p t i o n ) (6 9 4 , 6 6 1 ) ( 7 2 9 , 3 9 4 ) ( 7 6 5 , 8 6 4 ) ( 8 0 4 , 1 5 7 ) ( 8 4 4 , 3 6 5 ) ( 8 8 6 , 5 8 3 ) (930,912) (977,458) (1,026,331) (1,077,647) (1,131,530) Ne t C a s h P r o v i d e d (Us e d ) b y O p e r a t i n g A c t i v i t i e s 45 6 , 1 3 1 4 7 8 , 9 3 7 5 0 2 , 8 8 4 5 2 8 , 0 2 8 5 5 4 , 4 3 0 5 8 2 , 1 5 1 611,259 641,822 673,913 707,608 742,989 Ca s h F l o w s f r o m C a p i t a l a n d R e l a t e d F i n a n c i n g A c t i v i t i e s Ac q u i s i t i o n o f c a p i t a l a s s e t s (2 8 3 , 0 0 0 ) ( 1 8 0 , 4 6 5 ) ( 3 5 0 , 0 0 0 ) ( 1 4 0 , 0 0 0 ) ( 2 2 0 , 0 0 0 ) ( 1 5 0 , 0 0 0 ) (155,000) (360,000) (165,000) (180,000) (180,000) Ex i s t i n g P r i n c i p a l a n d i n t e r e s t p a i d o n l o n g -t e r m d e b t (1 9 7 , 8 0 7 ) ( 1 9 1 , 3 4 2 ) ( 1 9 4 , 3 3 5 ) ( 1 9 8 , 2 1 0 ) ( 1 3 1 , 9 8 9 ) ( 1 3 2 , 5 6 8 ) (131,509) (131,588) (131,479) (131,666) (131,196) Ne t C a s h U s e d b y C a p i t a l a n d R e l a t e d Fi n a n c i n g A c t i v i t i e s (4 8 0 , 8 0 7 ) ( 3 7 1 , 8 0 7 ) ( 5 4 4 , 3 3 5 ) ( 3 3 8 , 2 1 0 ) ( 3 5 1 , 9 8 9 ) ( 2 8 2 , 5 6 8 ) (286,509) (491,588) (296,479) (311,666) (311,196) Ca s h F l o w s F r o m I n v e s t i n g A c t i v i t i e s In v e s t m e n t e a r n i n g s 5, 8 6 3 5 , 6 7 4 6 , 8 0 2 6 , 4 5 6 8 , 4 1 9 1 0 , 5 2 7 13,628 17,012 18,685 22,646 26,832 Ne t I n c r e a s e (De c r e a s e ) i n C a s h a n d C a s h E q u i v a l e n t s (1 8 , 8 1 4 ) 1 1 2 , 8 0 5 ( 3 4 , 6 4 8 ) 1 9 6 , 2 7 4 2 1 0 , 8 5 9 3 1 0 , 1 1 1 338,378 167,246 396,118 418,588 458,625 Ca s h a n d C a s h E q u i v a l e n t s , J a n u a r y 1 58 6 , 2 5 5 5 6 7 , 4 4 1 6 8 0 , 2 4 6 6 4 5 , 5 9 8 8 4 1 , 8 7 2 1 , 0 5 2 , 7 3 2 1,362,842 1,701,220 1,868,466 2,264,585 2,683,173 Ca s h a n d C a s h E q u i v a l e n t s , D e c e m b e r 3 1 56 7 , 4 4 1 $ 6 8 0 , 2 4 6 $ 6 4 5 , 5 9 8 $ 8 4 1 , 8 7 2 $ 1 , 0 5 2 , 7 3 2 $ 1 , 3 6 2 , 8 4 2 $ 1,701,220 $ 1,868,466 $ 2,264,585 $ 2,683,173 $ 3,141,798 $ En t e r p r i s e F u n d P r o j e c t e d A c t i v i t y Enterprise Fund Projected Activit y I:\RFA\City Manager\2020\12.1 Q - Upcoming Events.docx Request for Action June 8, 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: June 9 7 p.m. – Personnel Board Meeting/Interviews for City Manager Department Administrative Specialist No Citizen Advisory Commission Meeting June 10 3:15 p.m. – District 281 Bi-monthly COVID-19 Update Meeting 6:30 p.m. – West Metro Fire-Rescue Board of Directors Work Session (Virtual) June 11 12:30 p.m. – Shingle Creek Watershed Management Commission Meeting (Virtual) June 15 7 p.m. – City Council Work Session (Virtual) June 17 2:30 p.m. – New Hope Business Networking Group Meeting (Virtual) June 18 8:30 a.m. – Bassett Creek Watershed Management Commission Meeting (Virtual) June 20 9 a.m. to 1 p.m. – New Hope Farmers Market June 22 7 p.m. – City Council Meeting (Virtual) Agenda Section Other Business Item Number 12.1