062220 City Council Meeting Packet
NEW HOPE CITY COUNCIL
MEETING AGENDA
June 22, 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
https://ccxmedia.org/ccx-cities/new-hope/.
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 22, 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 133 934 1177 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 22, 2020
2. ROLL CALL
3. APPROVAL OF MINUTES:
• Work Session Minutes – May 18, 2020
• Council Meeting Minutes – June 8, 2020
4. OPEN FORUM
5. PRESENTATIONS
5.1 Presentation of Police Department’s Annual Report
6. CONSENT BUSINESS
6.1 Approval of business license(s)
6.2 Approval of financial claims through June 22, 2020
6.4 Resolution designating polling places in the city of New Hope
6.5 Resolution adopting the COVID-19 Preparedness Plan for the city of New Hope
6.6 Resolution to adopt the Americans with Disabilities Act (ADA) Transition Plan
6.7 Resolution approving change order no. 4 with American Liberty Construction, Inc. for
the theatre construction project (Improvement Project No. 941)
7. PUBLIC HEARING
8. DEVELOPMENT AND PLANNING
8.1 Resolution approving variance to setback requirement, 7821 44th Avenue North (New
Hope Planning Case 20-05)
8.2 Resolution approving Conditional Use Permit, site plan review and variances for
Furniture Industries, Inc. at 3101 Louisiana Avenue North (New Hope Planning Case 20-
06)
8.3 Resolution to adopt the Local Surface Water Management Plan
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 18, 2020
Subject: Agenda Items for Monday, June 22, 2020
Open Forum
Staff is not aware of anyone planning to address the Council for the Open Forum.
Presentations
Chief Fournier will present the police department’s annual report.
Items 6.1, 6.2, and 6.3
Item 6.1 – there are two business license requests for therapeutic massage licenses. A background
investigation was conducted by Det. Loser and there is nothing detrimental to report. All paperwork and
fees have been submitted. 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
This resolution approves polling places in New Hope for the 2020 election cycle. Due to the pandemic,
precinct six’s polling location has been changed from North Ridge Health & Rehab to New Hope City
Hall (civic center conference room). Precinct six has only 600 registered voters and is the smallest
precinct in the city. All affected voters will receive a postcard from Hennepin County notifying them of
the change. The other polling places are the same as prior years. Voters are being encouraged to vote by
absentee ballot by mail to reduce in-person voting. City Clerk Leone and I recommend approval.
Item 6.5
The state requires cities to prepare COVID-19 Preparedness Plans. The city’s plan dated May 4 has been
revised to include additional requirements. An initial Preparedness Plan was communicated via email to
staff with email access, hardcopy to those without email access, as well as posted in common areas in city
facilities to all workers on Monday, May 4, 2020 and necessary training was provided. This revised
preparedness plan will be shared similarly following Council approval. Director Johnson and I recommend
approval.
Item 6.6
Council is asked to adopt the Americans with Disabilities Act (ADA) Transition Plan. The goal is to
provide an accessible community and the plan will coincide with the city’s comprehensive plan and
complete streets policy. Outdated or non-compliant ADA ramps onto sidewalks will be upgraded
during street infrastructure projects. Staff shared the plan with Council at the June 15 work session.
Director Weber and I recommend approval.
Item 6.7
This item approves change order no. 4 for $6,443.75 with American Liberty Construction for the theatre
construction project. This item was reviewed with Council at the June 15 work session. It includes
adding the 12” curb that was originally planned as part of the landscaping project in the amount of
$7,693.75 and a deduct in the amount of $1,250 for not staining wood beams/roof decking above the
theatre stage. The cost of the curb installation will be deducted from the Sunram contract. The change
order increases the contract to $1,486,227.65. Director Rader and I recommend approval.
Item 8.1
This item approves a variance for a garage at 7821 44th Avenue North. Planning Case 20-05 was
considered by the Planning Commission at its June 2 meeting and the Commission recommended
approval of the five-foot variance with certain conditions. The property has a unique curved corner lot
that limits placement of the three-stall garage. Director Sargent and I recommend approval.
Item 8.2
This item approves a conditional use permit, site plan review and variances for Furniture Industries at
3101 Louisiana Avenue North. The businesses would like to expand the building by 15,000 square feet
to the west to allow for additional office and warehouse space and would create seven new jobs. The
CUP would allow placement of a loading bay fronting a public street, and the two variances allow the
reduction of the required curb cut setback from the public street at the intersection of Louisiana and 31st
avenues. The applicant revised the plan and removed parking stalls facing residential property in
response to public comments. Planning Case 20-06 was considered by the Planning Commission at its
June 2 meeting and the Commission recommended approval subject to certain conditions. Director
Sargent and I recommend approval.
Item 8.3
This item approves the local surface water management plan that has been prepared by Stantec. The
city began developing the plan in 2018 as part of the comprehensive planning process. The document is
an update to the 2008 plan and will guide the city in conserving, protecting and managing its surface
water resources. The plan has been reviewed by Met Council, and both watershed management
commissions. The plan will require several minor updates to the city code and these ordinance changes
will be discussed later this year. Director Weber and I recommend approval.
Item 12.1
Mayor Hemken will review upcoming meetings and events.
EDA Item 4
Last fall the EDA discussed broadening the scattered site housing program to include affordable housing
projects for first time homebuyers such as a Habitat for Humanity project. At the February 18 work session a
majority of the City Council supported splitting available CDBG funds between the Hennepin County
Rehabilitation program and an affordable rehabilitation project through an organization such as Habitat for
Humanity. At the February 24 Council Meeting the Council approved a resolution regarding the use of
CDBG funds. It is recommended that the city provide funding of $76,250 ($61,500 in 2019 CDBG funds and
$14,750 in 2020 CDBG funds) for a residential property to be selected by Habitat for Humanity. The financial
arrangement would be in the form of a forgivable loan. The upfront loan would be funded by EDA funds
and upon completion of the project the city would be reimbursed from Hennepin County. Twin Cities
Habitat for Humanity would complete the project by the end of 2021. 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.
City Council Work Session May 18, 2020
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes
Work Session Meeting
May 18, 2020
City Hall, Virtual WebEx
CALL TO ORDER The New Hope City Council met in work session pursuant to due call and notice thereof;
Mayor Hemken called the meeting to order at 6:30 p.m.
ROLL CALL Council present:
Kathi Hemken, Mayor
John Elder, Council Member
Cedrick Frazier, Council Member
Andy Hoffe, Council Member
Jonathan London, Council Member
Staff present:
Kirk McDonald, City Manager
Brandon Bell, Community Development Assistant
Dan Boyum, City Engineer
Tim Fournier, Director of Police
Vicki Holthaus, AEM
Beth Kramer, Communications Coordinator
Sarah Larson, Fire Chief
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
Mark Severson, Recreation Facilities Manager
Bernie Weber, Director of Public Works
Stacy Woods, Assistant City Attorney
WMFRD UPDATE
Item 11.1
Mayor Hemken introduced for discussion item 11.1, Update from West Metro Fire-
Rescue District.
Ms. Sarah Larson, Chief of West Metro Fire-Rescue District, reviewed the department’s
duty crew staffing that has been implemented due to the pandemic. She also reviewed
the preliminary 2021 fire budget. She stated the total 2021 budget is $2,674,050 which
is a $99,800 increase from last year. The general operating budget increase is $89,800 or
4.42%, based on increases in salaries, PERA, workers comp insurance, motor fuels,
equipment repairs, communications and financial services. There is a $20,000 increase
to the capital plan to offset a future deficit and there is a $10,000 decrease to the special
revenue insurance fund. She stated New Hope’s share of the toal budget is $1,352,363
or 50.5736%.
It was noted the fire board has rescheduled the May 13 work session to June 10 to
discuss the budget. Both city councils must act on the budget by August 31.
Council thanked Chief Larson for the budget presentation.
2020 MORRIS
LEATHERMAN
Mayor Hemken introduced for discussion item 11.2, Discuss professional community
wide survey in 2020 with Morris Leatherman Company.
City Council Work Session May 18, 2020
Page 2
COMMUNITY WIDE
SURVEY
Item 11.2
Mr. Brandon Bell, community development assistant, explained at the February 2020
work session staff discussed a potential professional survey being conducted by Morris
Leatherman. He stated subsequent to the work session Peter Leatherman submitted a
preliminary survey for review. He stated due to the pandemic and closure of some
programs and facilities it may be best to postpone the professional survey until next
year. As an alternative, he recommended utilizing a performance measurements
survey to be mailed with the July utility bills.
Council expressed support for postponing the professional survey until 2021 and
directed staff to prepare a community performance measurements survey for review
at a future work session.
TOBACCO
REGULATIONS
Item 11.3
Mayor Hemken introduced for discussion item 11.3, Discuss Potential Changes to
Tobacco Regulations.
Mr. Brandon Bell, community development assistant, stated the citizen advisory
commission reviewed tobacco use prevention options with New Hope business
owners and residents on February 11, 2020, and Council reviewed the commission’s
recommendations at the work session of February 18, 2020. He stated staff was
directed to prepare a proposed ordinance and Mitchell Hamline Public Health Law
Center and the city attorney coordinated drafting the ordinance amendment. Mr. Bell
outlined the changes contained in 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.
9. Increase the fine for first time violations for tobacco license holders from $250 to
$300. This reflects changes to new state regulations.
Mr. Bell asked for Council input on items 6 and 7. He 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
City Council Work Session May 18, 2020
Page 3
staff has been in contact with, and that attended the CAC meeting in February, also
seemed to find these changes acceptable.
Mayor Hemken recalled the discussion at the February work session and expressed
support for not banning the sale of mint, menthol or wintergreen-flavored tobacco
products.
Council inquired about feedback from businesses.
Mr. Brandon Bell stated four businesses attended the Citizen Advisory Meeting in
February and two businesses contacted him about the work session.
Council Member Frazier inquired if there was any feedback from pharmacies. Mr. Bell
stated he did not hear from Walgreen’s or Hy-Vee. Council Member Frazier stated he
supports banning menthol and wintergreen flavored tobacco as well.
Mr. McDonald indicated all 21 tobacco license holders were notified of the work
session.
Discussion ensued regarding compliance checks and utilizing persons who are 17-20
years old. Chief Fournier noted the older age may be helpful as the same person(s) can
assist with tobacco and liquor compliance checks. He stated the checks ensure the
retailers are checking identifications and not selling to minors. Chief Fournier also said
the check ensures the business is selling licensed products only.
Council Member London did not support banning tobacco in retailers that have
pharmacies. He cited the Hy-Vee situation where tobacco would be banned in the
grocery store (due to the pharmacy) but allowed next door in the liquor store and also
at the Hy-Vee gas/convenience store on the same property. He expressed a preference
to follow state or federal law.
Mr. McDonald stated the ordinance will be placed on the May 26 agenda for
consideration.
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.
2020 WINNETKA
WATERMAIN
REPLACEMENT
(IMPROVEMENT
PROJECT NO. 1027)
Item 11.4
Mayor Hemken introduced for discussion item 11.4, Discuss Change Order No. 1 for
G.F. Jedlicki Inc. Contract for 2020 Winnetka Watermain Replacement Project
(Improvement Project No. 1027).
Mr. Dan Boyum, city engineer, stated the 2020 Winnetka Watermain replacement
project was awarded to G.F. Jedlicki Inc. on February 10, 2020. He stated additional
costs of approximately $15,600 were incurred for costs associated with COVID-19 and
county permitting. The additional costs included furnishing and installing a temporary
bituminous patch over portions of the center island that was removed, removal of the
island, signal and electrical work, and plumber assistance for home and business
connections. CenterPoint Energy may be reimbursing the city for permits and extra
City Council Work Session May 18, 2020
Page 4
labor and material costs associated with the contractor removing the concrete center
island as it was necessary for the future CenterPoint gas main replacement work.
Mr. Boyum also reviewed the status of quantities on the project that differed from the
original bid documents and will be addressed at the time of project close out.
He recommended approval of change order no. 1 and stated the water fund will pay
for the extra costs.
Mr. McDonald pointed out the city must pay the contractor $15,600 but will receive a
partial reimbursement from CenterPoint.
POOL/CIVIC CENTER
PARK/CITY HALL
LANDSCAPING
PROJECTS UPDATE
(IMPROVEMENT
PROJECT NOS.
995/941/995)
Item 11.5
Mayor Hemken introduced for discussion item 11.5, Update on Pool/Civic Center
Park/City Hall Landscaping projects by Stantec Engineering (Improvement Project
Nos. 995/941/994).
Mr. Dan Boyum, city engineer, and Ms. Susan Rader, director of parks and recreation,
provided a project update.
Mr. Boyum explained that Sunram, the contractor for the green contract, has installed
curb and gutter and sidewalk around the pool parking lot and the monument sign
since the last update. Paving of the pool parking lot was scheduled to take place the
week of May 11 and paving of the trails is planned for May 20, weather permitting.
Sunram’s electrical subcontractor continues to work on light poles, bollards, and
wiring throughout the park areas. They plan to finish topsoil placement and then start
blow mulch, plantings around City Hall and the park areas, various amenities, and
final irrigation work the week of May 18. Once the pool contractor backfills the vortex
pool on or around May 20, Sunram will start on final storm sewer, sidewalk, and
restoration between the City Hall parking lot and the pool.
At the 50-meter pool, and after passing the leak test, the pool contractor is working on
grout and tile work. In the bathhouse, a punchlist walkthrough was done on May 11,
so remaining work will be focused on what is identified on the punchlist. The
mechanical building is also close to being completed, and they are fine-tuning controls
prior to start-up of equipment. Paving of the parking lot by the mechanical building
should be completed by May 18. The vortex pool floor w ill be poured soon. Fencing
foundations and posts have been worked on over the last month. All slides and most
features have been installed at the recreational pool. The pool contractor is continuing
work on other concrete placement and additional exterior site improvements.
On the performance center and picnic shelter project, the contractor has finished
stonework and is preparing final areas for sidewalk placement. Topsoil was spread the
week of May 11, and seeding, sodding, and irrigation work will be started the week of
May 18. Lighting and other miscellaneous items are expected to be completed the week
of May 25.
Council Member London shared concerns relayed to him by residents regarding
pooling of storm water near the trail.
City Council Work Session May 18, 2020
Page 5
Mr. Boyum stated the contractor and staff are aware that fill is needed north of the
cemetery for proper drainage. He stated Sunram will handle it soon.
Mayor Hemken inquired of the exposed wiring on the back side of the monument sign.
Mr. Boyum stated the contractor has ordered the proper back plat es that will be
installed on the sign.
Mr. Boyum reviewed the pool-related change orders that will be presented for
approval at the May 26 Council Meeting including power to condensers, stanchions
and rope additions, ice and snow guard (credit), fire sprinkler system (credit),
performance shelter/picnic shelter irrigation and time extension (no cost). Ms. Rader
stated the changes including the credits result in a cost of $1,685 for the change order
with Donlar Construction.
Discussion ensued regarding irrigation systems and required maintenance. Ms. Rader
noted park staff is familiar with maintaining irrigation systems. Council Member
London recommended the irrigation system have sensors for water conservation
purposes (will not activate if it is raining). Mr. Boyum stated he will confirm that the
new equipment includes sensors.
Council directed staff to place the two change orders on the May 26 Council Meeting
for approval.
Ms. Rader stated there have been extra costs for engineering construction management
services. City Engineer Boyum reviewed the letter dated April 27, 2020, outlining the
construction management services and material testing fees for the pool, theatre, and
park. He addressed the additional engineering costs that are associated with the
projects including additional costs due to project delays, restaking for the green
contractor, coordination and staking for Xcel, deck pour analysis, winter construction
analysis, delay claim, and CenterPoint permit items. He noted the coordination of the
multiple projects was critical. Mr. Boyum stated the costs of the additional construction
management services is $214,774.03. He pointed out the city will be reimbursed by
Donlar (AET testing and deck repair), by Sunram (restaking), and Shingle Creek
Watershed (for 50% of underground chamber) for a total credit of approximately
$46,000. Council was supportive of adding Addendum #3 to the May 26 Council
Meeting.
Discussion ensued regarding work that is not included on original plans. Mr. Boyum
stated a budget contingency is established for these situations and contractors request
change orders to cover the expenses. City Attorney Woods stated adjustments to
contracts are permissible. Ms. Rader stated Stantec prepared very detailed plans and
relatively few items were overlooked. She indicated the work would have been paid
for in the original plans or as a change order.
Mr. Kirk McDonald, city manager, noted the project is $19 million and the majority of
the $260,000 budget overage is due to poor soils and the amount of rainfall.
Ms. Rader then reviewed the overall cost summary of the projects. Staff currently
estimates a shortfall of approximately $260,670.37, with the recommendation of Vicki
City Council Work Session May 18, 2020
Page 6
Holthaus of AEM to authorize a one-time transfer from the Temporary Financing Fund
at the conclusion of the project.
Discussion was held regarding the 2020 pool season. Due to COVID-19, there is
currently no clear direction on when or if pools will be able to open. If they are allowed
to open, state guidelines will be in place regarding lower capacity limits, social
distancing and operation procedures. Other considerations include staffing, budget
and safety of pool users. Only 23 applications have been received to date and the Red
Cross certification courses for new lifeguards have been cancelled, so seasonal staff is
unable to be trained and certified. Two options were discussed: delay the opening until
July 6 or delay the opening until 2021. After further discussion, the Council elected to
wait until 2021 to open the facility.
Council thanked staff for the update.
2019 AUDIT AND
CAFR
Item 11.6
Mayor Hemken introduced for discussion item 11.6, Review 2019 Audit and
Comprehensive Financial Report with AEM.
Mr. Kirk McDonald, city manager, reported the total general fund expenditures were
under budget by $240,364 primarily in public safety and parks and recreation. He
noted the total general fund revenues were over budget by $72,388 due to investment
earnings, intergovernmental revenue and franchise fees for an overall positive fund
balance of $312,752 prior to the approved transfers. He commended all department
heads and employees for holding down expenses.
Mr. McDonald noted per accounting standards the two transfers made fro m the 2018
fund balance during the 2019 budget year ($150,000 for the fire capital projects fund
and $204,000 for the city hall CIP fund) must be deducted from the fund balance of the
2019 budget which results in -$41,248.
Mr. McDonald stated the auditor’s report did not identify any deficiencies in internal
controls that they consider to be material weaknesses, they reported no findings, and
they encountered no significant difficulties in dealing with management in performi ng
and completing the audit. He indicated staff will be coordinating with AEM to submit
an application for the 2019 excellence in achievement for financial reporting certificate
similar to recent years.
He thanked AEM for their efforts in preparing the report and congratulated
department heads for maintaining budgets.
Mr. McDonald stated Bill Lauer from MMKR will be present at the May 2 6 Council
Meeting to address the Council regarding the 2019 audit.
Mr. McDonald introduced Vicki Holthaus of AEM.
Ms. Vicki Holthaus, Abdo, Eick & Meyers, LLP (AEM), reviewed financial highlights
of 2019:
The assets of the city exceeded its liabilities by $7 7,197,731 at the close of the
year, of which $19,880,871 (unrestricted net position) may be used to meet the
city’s ongoing obligations to citizens and creditors.
City Council Work Session May 18, 2020
Page 7
Combined ending fund balances were $29,250,988, a decrease of $8,463,242
compared to prior year. Approximately 15.9 percent of this total amount is
available for spending at the city’s discretion.
Unassigned fund balance of the General Fund was $7,116,723 or 49.6 percent
of total General Fund 2019 expenditures and transfers out. The city’s policy is
to maintain a 42 percent reserve.
The city’s total bonded debt decreased by $4,026,557 (7.6 percent) during the
current fiscal year. The key factor of the decrease was the scheduled principal
and interest payments.
Ms. Holthaus noted personnel costs varied in departments and some fund balances
were due to position vacancies. She also noted staff pursued grant oppor tunities which
positively impacted the budget. She reviewed fund balances of several general funds
and explained fund balances and cash balances of enterprise funds and internal service
funds. She noted the city has a solid financial position, and staff has managed budgets
well.
Council Member London stated he had some questions on the CAFR and would
contact Ms. Holthaus directly for clarification.
Mayor Hemken thanked Ms. Holthaus for the report.
TRANSFER FROM
PARK
INFRASTRUCTURE
TO ICE ARENA
OPERATING FUND
Item 11.7
Mayor Hemken introduced for discussion item 11.7, Discuss transfer from Park
Infrastructure Fund to Ice Arena Operating Fund.
Mr. Kirk McDonald, city manager, stated staff and AEM recommend a transfer of
$400,000 from the park infrastructure fund to the ice arena fund for ice debt service
and capital improvements. The long-term financial plan that was reviewed with
Council in November 2019 included annual transfers to fund outstanding debt at the
facility.
Council supported the transfer and directed staff to prepare a resolution for
consideration at the council meeting of May 26, 2020.
PARKS &
RECREATION AND
PUBLIC WORKS 2020-
2029 CIP
Item 11.8
Mayor Hemken introduced for discussion item 11.8, Discussion regarding the city’s
capital improvement program (CIP) for parks and recreation and public works
departments for 2020-2029.
Mr. Kirk McDonald, city manager, stated Ms. Vicki Holthaus, AEM, prepared a
summary memo providing an overview of each fund over the ten-year period. He
recommended staff review two years of CIP items in detail with Council.
Ms. Susan Rader, director of parks and recreation, reviewed CIP expenditures for 2020
and 2021 for the community gyms, golf course, ice arena, parks, and pool. Mr. Bernie
Weber, director of parks and recreation, reviewed planned CIP expenditures for 2020
and 2021 including central garage, street infrastructure, sewer, storm water, and water
funds. Directors Rader and Weber also highlighted projects planned for years 2022
through 2029.
City Council Work Session May 18, 2020
Page 8
ADJOURNMENT The meeting was adjourned at 9:18 p.m. as there was no further business to come
before the Council at its work session.
Respectfully submitted,
Valerie Leone, City Clerk
New Hope City Council June 8, 2020
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes June 8, 2020
Regular Meeting City Hall, 7:00 p.m.
Virtual WebEx
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 7:21 p.m. The late start of
the meeting was due to technical difficulties with WebEx.
PLEDGE OF
ALLEGIANCE
The Pledge was not recited since the meeting was not held in the council chambers.
ROLL CALL Council present:
Staff present:
Kathi Hemken, Mayor
John Elder, Council Member
Cedrick Frazier, Council Member
Andy Hoffe, Council Member
Jonathan London, Council Member
Kirk McDonald, City Manager
Jeff Alger, Community Development Specialist
Dan Boyum, City Engineer
Tim Fournier, Director of Police
Megan Hedstrom, Stormwater Specialist
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 26, 2020. Voted in favor
thereof: Hemken, Frazier, Hoffe, London; and the following voted against the
same: None; Abstained: Elder; Absent: None. Motion carried.
OPEN FORUM
Council Member Frazier made a statement regarding the George Floyd incident.
ROTATING VOTES
Please note that votes taken on each agenda item are called by the secretary on a
rotating basis; however, the written minutes always list the mayor’s name first
followed by the council members’ in alphabetical order.
CONSENT AGENDA Mayor Hemken introduced the consent items as listed for consideration and stated
that all items will be enacted by one motion unless requested that an item be
removed for discussion. Mr. Kirk McDonald, city manager, reviewed the consent
items.
New Hope City Council June 8, 2020
Page 2
BUSINESS LICENSE
Item 6.1
Approval of business license(s).
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through June 8, 2020.
RESOLUTION 2020-64
Item 6.4
Resolution in support of the protecting community television act.
Council Member Hoffe voiced his support for adoption of the resolution.
RESOLUTION 2020-65
Item 6.5
Resolution appointing election judges for Primary Election of August 11, 2020 .
MOTION
Item 6.6
Motion to accept a $1,675 donation for the golf course .
MOTION
Item 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.
RESOLUTION 2020-66
Item 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).
MOTION
Consent Items
Motion was made by Council Member Elder, seconded by Council Member
Frazier, to approve the Consent items. All present voted in favor. Motion carried.
MEADOW LAKE
IMPROVEMENT
PROJECT NO. 1037
Item 8.1
Mayor Hemken introduced for discussion Item 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).
Ms. Megan Hedstrom, stormwater specialist/project coordinator, explained the
project was reviewed with Council at its February 18 work session. She reviewed
the proposed plan for Meadow Lake drawdown, chemical treatment of invasive
plant and fish species, and eventual alum treatment. She stated annual monitoring
will take place for water quality, vegetation, fish, zooplankton, and phytoplankton.
She explained 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
Meadow Lake Watershed Association supports the project. AEM has confirmed
that the storm water fund has adequate cash flow to cover the advance.
Ms. Hedstrom stated the city is asked to approve the memorandum of
understanding. She stated a cooperative agreement will be presented to Council
later this fall.
Council Member London questioned the effectiveness of the project and noted
there will be ongoing future costs. He stated he is not convinced the Nor thwood
Lake project was successful.
New Hope City Council June 8, 2020
Page 3
Ms. Hedstrom commented that the alum treatments will stop the internal
phosphorus loading from the sediment in the lake and should be effective for 15-
20 years.
RESOLUTION 2020-67
Item 8.1
Council Member London introduced the following resolution and moved its
adoption: “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).” The motion for the adoption of the foregoing resolution was seconded by
Council Member Frazier, and upon vote being taken thereon, the following voted
in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted
against the same: None; Abstained: None; Absent: None; whereupon the
resolution was declared duly passed and adopted, signed by the mayor which was
attested to by the city clerk.
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
Hoffe, to adjourn the meeting, as there was no further business to come before
the Council. All present voted in favor. Motion carried. The New Hope City
Council adjourned at 7:52 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
I:\RFA\POLICE\Presentation of the 2019 Police Department Annual Report.doc
Request for Action
June 22, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: Police
By: Tim Fournier, Director of Police
Agenda Title
Presentation of Police Department’s Annual Report
Requested Action
Chief Fournier and Crime Analyst Kate Croteau will conduct a short presentation of the 2019 Police
Department Annual Report.
Policy/Past Practice
Department heads frequently make presentations and provide updates to the Council.
Background
The police department makes an ongoing effort to engage the public in departmental procedures. By
reaching out and providing more transparency of how law enforcement functions in their community, the
bonds of trust is strengthened between all parties. The Annual Report is one of those tools in this regard.
Agenda Section
Presentations
Item Number
5.1
1
New Hope Police Department 2019 Annual Report
2
Table of Contents
Letter From the Chief 3
Mission and Vision Statement 4
Department Organizational Chart 5
Department Divisions 6-9
Patrol and Investigations 10
K-9 11-12
Reserves and Explorers 13-14
Animal Control 15
Training 16
SWAT 17
Special Enforcement/Traffic Unit 18-19
Community Services 20-21
Crime Stats 22-24
Awards Ceremony 25
3
Letter from the Chief
On behalf of the City of New Hope, I am pleased to present the Police
Department’s 2019 Annual Report.
2019 was one for the record books. We saw the completion of our
new police facility in July and the demolition of the old department
many of us called home for our entire careers. Our new facility is
packed with state-of-the-art technology and provides a modern work
environment designed to meet the demanding needs of law
enforcement personnel both today and into the future. Some
highlights include individual olficer work stations, large meeting
spaces, fftness and training rooms, and underground parking.
As training continues to be a top priority, the new facility was purposely constructed to meet those
needs. Many of the new training mandates in de-escalation and impartial policing can be accom-
plished within our own facility. We are also in a better position to host such events for area
departments. Our relationship with area agencies has never been stronger as the consortium
continues to grow in its ability to offer multi-agency training and disaster preparation.
The department again worked within budget and where possible, reduced costs and shared services
with neighboring agencies to combat crime. Our participation in federal and state grants also
provided a way to reimburse overtime and other related costs. Community Services continued to
provide a variety of programs including Crime Free Multi-Housing, DARE, Defensive Driving,
crime reports, Safety Camp, and National Night Out. The designated Tralfic Car continues to bring
awareness and education and conducted several multi-agency projects in New Hope. Our School
Resource Olficer program at Cooper High School continues to be a valuable tool to not only provide
safety and security but to bridge the gap between police and youth in our community.
In 2019, the department’s calls for service rose by 13%. That said, Part I Crimes (homicide, rape, rob-
bery, aggravated assault, burglary, larceny/theft, auto theft and arson) decreased 10% and Part II
Crimes (other assaults, forgery, fraud, embezzlement, stolen property, property damage, weapons
violations, prostitution, other sex offenses, narcotics, gambling, family offenses, DWI, liquor laws,
and disorderly conduct) decreased 6% from 2018.
I am thankful for the support offered to the police department and its personnel by the Mayor, City
Council, City Administration and other employees. I am also grateful for the outstanding work by
our dedicated personnel who put their lives on the line each day to improve the City of New Hope ’s
overall safety and security.
Sincerely,
Timothy Fournier
Chief of Police
4
Mission and Vision Statements
Mission
The mission of the New Hope Police
Department is to provide quality
professional services to all residents,
organizations, and visitors by ensuring a
safe and secure urban environment.
Vision
The New Hope Police Department serves the employees,
residents, and larger community of New Hope by:
Making a commitment to excellence through responsible
and accountable service delivery. We respond to
community needs with sensitivity, understanding, and
thorough actions.
Exemplifying professionalism through fair, equitable, and
impartial services to the diverse community we serve.
The principles of honesty and integrity are the
cornerstones which guide us.
Utilizing teamwork and open communication to
cooperatively respond to community needs. We embrace
innovative ideas and encourage creativity.
Building cooperative partnerships with the community.
We recognize the need for, and benefits of, an
interdependent relationship.
5
Department Organizational Chart
6
Department Divisions
The New Hope Police Department Patrol Division is comprised
of 22 total olficers including 6 Sergeants, 2 K-9 Teams, 12 Patrol
Olficers, 1 Tralfic Olficer, and 1 At Large Olficer. Under the
direction of Captain Scott Crocker, members of the Patrol
Division are responsible for a variety of duties beyond their
street assignments including Firearms and Defensive Tactics,
Field Training, SWAT, and Mobile Field Force operations.
Citizens Police Academy, Predatory Offender Registration,
Police Explorers, and Equipment Rendering. Also included in
the Patrol Division are 2 full-time Community Service Olficers,
Animal Control, and a Police Reserve Unit.
Patrol
Captain Scott Crocker
7
Department Divisions
Overseen by Captain Scott Slawson, the division investigated
over 500 criminal cases from major felonies to misdemeanor
level crimes in 2019. Detectives also maintained outstanding
working relationships with outside agencies. These
relationships are crucial when investigating sensitive cases. In
addition, detectives attended various training to improve their
working knowledge of crime trends and technology. Included
in the Investigation Division are 3 Detectives, 2 School Resource
Olficers, a Drug Task Force Olficer, Crime Prevention, and
Clerical Staff.
Investigations
Captain Scott Slawson
8
Support Services
The Crime Analyst positon was created in 2017 and Katelyn
supports policing and crime prevention activities by applying
statistical modeling and quantitative analysis to crime data in
order to provide insights on crime patterns and prevalence.
Katelyn works not only with the NHPD patrol division, but
with many other state wide law enforcement agencies in order
to recognize trends and patterns and develop strategies to re-
duce criminal activities and prevent crime from taking place in
New Hope.
In addition to her crime analysis, Katelyn also manages our
New Hope Police Department Facebook page!
(Below are examples of Katelyn’s intelligence bulletins)
Crime Analyst
Katelyn Croteau
9
Clerical Staff
Jeana Allen-Hatcher
Lorilee Stafford
Brandi Hearn
Rhonda Peske
The Support Services Division is divided into two areas; Clerical
and Police Administrative Support. Jeana Allen-Hatcher and her
full-time staff (Lorilee Stafford, Brandi Hearn, and Rhonda Peske)
along with several part-time employees, provide a variety of
technical, clerical, and information technology services. Other
duties of this division include customer service, records
management, retention, processing and dissemination of police
reports, data practices, state compliance requirements, and
technology support.
Lorilee Stafford and Rhonda Peske processes and track all permits
to purchase ffrearm requests. All permit requests results are
signed off by the Chief of Police.
Below are permit statistics from 2015-2019.
The majority of the denials were due to prior felonies or mental
health commitments.
The police department continues to use LETG (Law Enforcement
Technology Group) for a records management system. Clerical
personnel receive regular updates and training on the system.
All full-time clerical personnel are members of the Professional
Law Enforcement Administrative Assistants (PLEAA), which
offers support and ongoing training in their ever changing ffeld.
YEAR APPS ISSUED DENIED
2015 199 188 11
2016 178 161 17
2017 158 153 5
2018 131 126 5
2019 128 119 9
Support Services
10
Patrol and Investigations
Investigations
The New Hope Police Investigation Unit includes:
Three full-time Criminal Investigators
One Narcotics Investigator assigned to the Northwest Metro Drug Task Force
Two School Resource Olficers
In 2019, the unit investigated over 500 cases as criminal complaints. Reports are submitted from a variety
of sources including patrol personnel, Hennepin County Adult and Child Protection, and other sources in-
cluding information from citizens and informants.
Investigators are also tasked with conducting background investigations on prospective employees and city
applicants for liquor store and massage practice licenses.
Two School Resource Olficers Cooper High School handled their own internal investigations with regard to
low-level-school-related issues.
The Patrol Division represents
the largest portion of the New Hope Police
Department. Totaling 21 olficers, the
division Includes 6 Sergeants, 2 K-9 Olficers,
and a Tralfic Olficer.
The Patrol Division has a range of duties in
addition to responding to 911 and other
non-emergency calls for service. Patrol
Olficers are actively involved with the pub-
lic through business checks, mall walks, and
appearances at city events.
In 2019 patrol olficers responded to 23,004
calls for service and made 590 arrests for
misdemeanor, gross misdemeanor, and
felony level crimes.
Olficers also made 497 adult arrests, 93
juvenile arrests, and issued 8,838 tralfic
citations.
11
K-9
K-9 Kody K-9 Dex
Productivity
The New Hope Police Department K9 unit was involved in a wide variety of calls for service in
2019, and recognized for several awards by the USPCA. The two K9 teams are comprised of
Olficer Robles and Kody, and Olficer Dyer and Dex. The two teams were responsible for 1,337 of
the total calls for service for the department. They generated 254 total K9 related calls for service.
There were several dozen arrests directly attributed to the K9 unit as well as numerous weapons
found on tracks, and in vehicles. There were thirty-seven (37) narcotic related searches performed
by the two K9 teams. They completed forty-one tracks (41) for New Hope and surrounding agen-
cies, with several ffnds.
This clearance rate helped agencies clear criminal activity and ffnd lost/missing persons. It should
also be noted that there were several incidents where our K9 has utilized psychological deterrence
(loud barking and acting aggressive) on leash. This tool helped keep unruly crowds under control
while allowing olficers not to resort to use of force. Several suspects also gave themselves up for
arrest before the K9’s were released for apprehension.
Public Demonstrations
The unit once again performed or were directly involved with numerous canine presentations
throughout the year. These included safety camp, mini-safety camp, and of course national night
out to name a few.
Training/Certification
Olficer Robles and his K9 partner Kody successfully completed Regional PD1 Certiffcation and
Narcotic Certiffcation in 2019.
Olficer Dyer and his K9 partner Dex successfully completed Regional PD1 Certiffcation and Nar-
cotic Certiffcation in 2019.
Sergeant Hoyt continued with monitoring the DEA Diversion Program, which allows the K9 pro-
gram to get their training Controlled Substances through the DEA in Quantico, Virginia. Sergeant
Hoyt completed all required annual testing and weighing of narcotics to continue utilization of the
program.
12
K-9
13
Reserves and Explorers
Police Reserves
The New Hope Police Reserve unit is a volunteer organization of the New
Hope Police Department. The Reserve “mission statement” reads:
To provide services for the New Hope Police Department that are compatible
with the charter and bylaws of the Reserve Unit. In addition, provide services
to the City of New Hope, School District 281 and other community organiza-
tions…when the requests do not conflict with the commitments to the Police
Department.
Reserve Olficers ffll essential roles in both police operations and crime preven-
tion related activities. Working weekend evenings, they assist sworn patrol
olficers on calls for service, parking enforcement, animal calls, and medical
emergencies. Reserve olficers are trained in emergency and defensive driving,
allowing them to respond to emergency calls when required. In addition to
the various City events and police related duties, New Hope Reserves also
provide assistance to surrounding agencies. All New Hope Reserve Olficers
are required to attend a 10-week course in reserve training at the Hennepin
County Sheriff’s Department.
The unit is overseen by a Patrol Sergeant and provides for its own command
structure including a Captain, Sergeants, and Patrol Olficers.
Due to the willingness of reserve members to participate in various festivals
and local activities, the reserve unit assisted nearby cities for eight city festi-
vals and twelve other community events in 2019, including Whiz Bang and
Crystal Frolics. The amount of time spent assisting other communities (71
hours) is almost identical to 2018, at 70 hours. The reserve hours incurred for
the New Hope city events (176) only decreased by 3% over the prior year. De-
spite our response to the requests of other communities, 71% of our civic hours
were for activities associated with the city of New Hope, and, of these hours,
61% were spent for the Duk-Duk Daze festival.
The unit spent 15.5 hours on four emergency call-out events, compared with
27 hours on two call-out events in 2018. The number of call-outs ifuctuates
considerably each year.
14
Reserves and Explorers
Police Explorers
Under the direction of Olficer Advisors Kaitlyn Baker, Britni Austin, and Jason Ryan with
assistance by previous CSO Andrew Nickelson and overseen by Sgt. Marty Williams. The Ex-
plorer group meets every Monday evening for two to three hours depending on the lesson for
that evening. Guest speakers join the group to teach the practical exercises that they specialize
in.
The New Hope Police Explorer Post 915 is a career interest program for young men and women
between the ages of 14 and 21. Exploring provides training and skill development related to a
career in Law Enforcement and allows a close-up view of what police olficers do on a daily basis.
Explorers are encouraged to ride along with Olficers and help with police sponsored events such
as Duk Duk Daze, Shop with a Cop, Bike Rodeo, Car Seat Clinics, Night to Unite, and Safety
Camp. Meetings focus on training for the types of calls to which police olficers regularly
respond. The explorer group meets September to April each year.
Each year the Explorers have an opportunity to attend the annual state conference, currently held
in Rochester, and a fall conference held in Cloquet, MN where they compete against other
explorers from around the state in various scenarios. The explorers have an opportunity to
participate in a pistol shoot competition at the state conference. Several weekend trainings are
attended for additional training and education and are judged by outside agencies.
A Firearms Instructor throughout each year trains the explorers in gun safety, weapon handling,
and precision shooting. The North Metro Range in Maple Grove is used for training in live ffre
and use of the F.A.T.S (Firearms Training Simulator) machine.
The Explorer program is an excellent opportunity to improve personal communication skills,
builds conffdence, overcome public speaking uncomfortableness, and other skills required for a
future career in any ffeld.
In 2019, the New Hope Explorer Post had four explorers competing in the competition. They
earned a Second Place trophy in Bomb Scene Search and a Second Place trophy in Impaired
Driving.
15
Animal Control
Animal Control Olficer Tom Mahan works for both the New Hope and
Crystal Police Departments.
In 2019, he encountered or responded to 251 (205 in 2018) animal-related
incidents during the period of January 1 to December 31, 2019. The number
of citizen complaints was 223 or 89% and the number of olficer-initiated
complaints was 28 or 11%.
Of the 223 citizen complaints, 57 (26%) concerned dogs at large, resulting in
two citation, seven written warnings and eight impounds. Overall, citizen
complaints included 123 concerning dogs, resulting in three citations, 14 written warnings and
12 impounds. There were nine dog bites (seven in 2018), three passed through PUPS quarantine
without signs of illness, one was home quarantined with no signs of illness, one was euthanized
and tested negative for rabies, one occurred in Stearn’s County, one was unffnished since the
owner ifed the scene and two had no puncture wounds to the victims. One of the quarantined
dogs was declared Dangerous due to the injuries on the victim. There were four reports of
aggressive dogs, three were dog to dog aggression and one the owner ifed the scene. Two dogs
were declared Potentially Dangerous. There were 38 citizen complaints concerning cats, 27 were
cats at large. These calls resulted in one written warning and seven impounds. There was one
cat bite in which the cat completed quarantine with no signs of illness. A trap was loaned to one
residence to catch a stray cat. There were 62 citizen complaints concerning other animals with
no enforcement needed.
The 28 olficer initiated incidents included 27 involving dogs (21 involved dog licenses), resulting
in four citations and 19 written warnings. There were no olficer-initiated incidents involving
cats. There was one olficer-initiated incident involving other animals with no enforcement
needed.
ACO Mahan was also involved in 43 non-animal related calls for service. These included: docu-
ment deliveries tralfic control at accidents and ffre calls; motorist assists; medical assists; utility
checks; found bicycles; assists at warrant and crime scenes; and vehicle and residential lock outs.
Mahan also continues to represent New Hope and Crystal at PUPS board meetings in Maple
Grove. He assisted in training new Community Service Olficers in both cities and also trained
new Patrol Olficers in animal-related procedures. Animal Control Olficer Mahan continues to
serve as Chair of the Executive Committee of the Minnesota Animal Disaster Coalition.
ACO Tom Mahan
16
Training
Active Shooter
One of the most comprehensive training sessions continues to focus on multi-city active shooter drills to en-
hance the response and tactics of olficers who may become involved in such a large-scale event. New Hope,
Crystal, Robbinsdale, Golden Valley, Plymouth, Maple Grove, Corcoran, Medina, and area ffre departments
continue to come together to collectively train. Modeled after training established in the south metro, repre-
sentatives from each department assisted in researching, developing, and implementing a shared strategy
for these events and developed a Regional Response to Active Shooter best practices model.
Dealing with People in Crisis
Over the past few years, there has been a growing need for continued training for olficers so they may effec-
tively deal with people in crisis. In 2019, all New Hope olficers attended a minimum of 8 hours of training
in de-escalation training and in 2020, this will be expanded to over 16 as olficers are able to access new
online classes through their individual work stations.
Implicit Bias
Police olficers are likely to be just as susceptible to implicit bias as any other professional group—perhaps
more so, given the nature of their work, which often focuses on negative aspects of human behavior. It is,
however, critical that olficers make decisions based on legally deffned criminal behavior and policy and not
be inifuenced by individual traits that (by themselves) do not dictate criminal behavior. In response to this,
New Hope olficers attend regular training each year and will be completing additional training online. This
training will be expanded as more becomes available.
The New Hope Police Department
completed over 60 hours of training in 2019
that included in-service, defensive tactics,
range, and medical recertiffcation.
Range and defensive tactics training takes
place at the Maple Grove Law Enforcement
Training Facility. Olficers attend eight-hour
sessions and perfect their skills through
multiple drills and scenario-based exercises.
Olficers also attended driving training in St.
Cloud, focusing on high speed pursuit and
Pursuit Intervention Techniques (P.I.T.).
17
SWAT
18
Special Enforcement
The New Hope Tralfic Olficer continued
to partner with approximately a dozen
other law enforcement agencies in
Hennepin County in 2019 to conduct
monthly high visibility enforcement
details throughout the year in
participating communities.
Studies have proven that high visibility
tralfic enforcement helps reduce
crashes, crime issues, and increase
public awareness about tralfic safety.
The agencies work together to identify
tralfic patterns, crash data, and crime
trends to allocate resources most
beneffcial to each city.
Participating agencies include:
Bloomington, Corcoran, Crystal, Edina,
Golden Valley, Hopkins, Maple Grove,
Medina, Minneapolis, Minnetonka,
New Hope, Plymouth, Richffeld,
Robbinsdale, Hennepin County Sheriff’s
Department, and Minnesota State Pa-
trol.
There were 8 events held in 2019 result-
ing in 282 vehicle stops, 226 citations, 22
arrests, 9 commercial vehicle inspec-
tions, and 4 rolling domestic cases.
Traffic & DWI Enforcement
The New Hope Police Department again partic-
ipated in the Towards Zero Deaths (TZD) grant
in 2019, funded by the State of Minnesota. TZD
is the state’s cornerstone tralfic safety program
utilizing an enforcement and educational ap-
proach to lowering the number of tralfic crashes,
injuries, and deaths in Minnesota.
The city also utilizes a speed trailer, which not
only deters drivers but acts as a data collection
device—monitoring tralfic volume and vehicle
speeds. The data derived allows the department
to more effectively place patrol olficers for en-
forcement and education.
Hennepin County Traffic
Enforcement Group
19
Special Enforcement
New Hope Traffic Unit
The Tralfic Unit is responsible for increased tralfic contacts, investigating tralfic related complaints,
enforcing commercial vehicle laws, and drug interdiction. Over the last year, Olficer Kaitlyn Baker issued
1,848 citations for a variety of tralfic violations. The goal is to educate the public and reduce the number of
crashes in New Hope.
The high visibility of enforcement has proven to be the most effective method in reducing property
damage, injuries, and death from tralfic-related crashes.
421 Speed citations/warnings
133 Driver’s license violations
51 Stop sign violations
19 Inattentive driving violations
112 Equipment violations
163 Insurance violations
320 Total calls (non-traffic)
1,471 Overall contacts
1,848 Total violations
2019 Traffic Stats Breakdown
20
Community Services
In 2019, the New Hope Police Department continued to proactively engage
with the community through various programs and partnerships. Olficer
Nichole Korth and her group of dedicated civilian volunteers are responsible
for all of the department’s community outreach and prevention programs in-
cluding Neighborhood Watch, National Night to Unite, D.A.R.E., Child Seat
Safety, Bike Rodeo, and Safety Camp.
Over 35 presentations were conducted in 2019. This included safety presenta-
tions at apartment communities, speaking at senior living facilities, and
presentations to elementary-aged children.
Oiffcer Nicole Korth
21
Community Services
The Crime Free Multi-Housing program (designed for rental property) continues to be a valuable tool for
cities and property owners alike. To become a certiffed CFMH property the rental property must meet
these speciffc criteria:
One-day training for managers
The use of the Crime Free, Drug Free lease addendum
Criminal background checks on prospective tenants
Annual property inspection
Participation in Neighborhood Watch
Physical security measurements (locks, lighting, signage)
An active management to enforce the requirements
Failure to meet these requirements annually will result in decertiffcation of the property.
Crime Free Multi-Housing
Disorderly Behavior Ordinance
Nuisance and disorderly property enforcement continues to be a focus of the police department and the
City of New Hope. The City’s Disorderly Behavior Ordinance deals directly with those properties that con-
tinuously cause nuisance issues to neighboring tenants or properties. The ordinance speciffcally addresses
the following:
Drug Activity/Paraphenalia
Disorderly Conduct
Obstruct Legal Process
Acts or Threats of Violence
Public Nuisance
Prohibited Noise
Alcohol Violations
The City notiffes property owners after one disorderly conduct incident has occurred on rental property. If
a second instance occurs at the property, the owner must provide the City a written action plan to abate the
behavior. If there is a third instance within a 12-month period, City ordinance allows for suspension, revo-
cation, or non-renewal of the rental license.
This partnership between rental property owners, manager, inspectors, and police is working to increase
the quality of life throughout the community.
22
Selected Crime Stats
Offense Type 2019 2018 2009 % Change 10-Year Change %
Part 1 Crimes
Arson 1 3 8 67% 88%
Assault 58 73 48 21% 21%
Burglary 66 76 113 13% 42%
Criminal Sexual Conduct 14 36 12 61% 17%
Homicide 0 0 0 0% 0%
Theft 436 450 519 3% 16%
Manslaughter 0 0 0 0% 0%
Motor Vehicle Theft 23 25 30 8% 23%
Robbery 13 19 15 32% 13%
Total 611 682 745 10% 18%
Part 2 Crimes
All Other Offenses 174 186 265 6% 34%
Disorderly Conduct 49 53 146 8% 66%
Driving Under the Influence 59 74 160 20% 63%
Drugs 157 176 146 11% 8%
Forgery & Counterfeiting 7 19 20 63% 65%
Fraud 64 38 100 68% 36%
Liquor Laws 2 2 22 0% 91%
Offenses Against Family & Children 8 8 20 0% 60%
Stolen Property (Buying, Receiving, Possessing) 6 4 13 50% 54%
Vandalism 139 143 287 3% 52%
Weapons (Carrying, Possessing, Etc.) 14 18 26 22% 46%
Total 680 721 1,205 6% 44%
23
2019 Crime Stats
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24
2019 Crime Stats Continued...
9000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019
911 Hangup 36 31 30 35 45 39 43 42 40 42 61 53 497
Abandoned/Junk Vehicle 1 1 3 5 2 9 3 7 3 0 3 3 40
Admin Inquiry 4 1 3 2 1 2 2 9 4 6 3 1 38
City Ordinance Violations/Parking 116 143 155 111 76 112 148 124 117 147 220 152 1620
Animal Issues 20 22 28 39 39 50 55 42 32 49 26 19 421
Assist Other Agency 42 51 56 55 55 59 71 61 53 55 73 65 696
Assist Public 26 29 20 29 33 35 40 31 47 41 30 32 393
Civil Matter 31 51 43 41 31 36 61 48 33 42 29 41 487
Death Investigation 4 2 6 2 2 2 5 1 2 3 3 2 34
Domestic Physical/Verbal 37 42 27 34 52 34 42 31 31 32 27 30 419
Disturbance - Neighborhood 1 2 7 3 12 8 7 7 12 1 5 4 69
Disturbance - Noise 18 22 17 22 29 21 18 16 24 18 15 10 230
Disturbance - Unwanted Person 20 19 23 29 17 27 30 27 22 20 39 22 295
Extra Patrol/Spot Checks 35 28 38 32 32 35 33 55 39 44 35 32 438
False Alarm - Business 39 29 35 31 30 38 37 30 22 18 36 35 380
False Alarm - Other 29 16 16 14 16 14 35 21 11 20 25 20 237
False Alarm - Residence 9 5 5 8 6 15 16 9 8 5 7 6 99
Fire/Fire Related 8 7 5 12 10 17 12 11 12 11 13 9 127
Found Property 5 3 10 8 13 5 9 11 13 12 8 3 100
Gas Odor/Leak 0 0 0 0 0 0 0 1 0 0 0 0 1
Juvenile Problem 6 17 17 18 27 17 15 14 21 20 10 10 192
K-9 Assists 8 4 3 11 12 7 19 13 9 6 10 8 110
License Plate PU 0 0 0 0 0 0 0 0 0 0 0 0 0
Lost Property 8 8 5 5 9 12 9 5 6 8 9 5 89
Lost/Missing Person 4 2 7 4 12 11 8 5 8 2 3 8 74
Loud Party/Noise Violation 9 9 9 12 15 20 15 23 11 16 13 17 169
Medical 230 192 217 223 209 188 220 240 247 229 224 246 2665
Miscellaneous Info 28 29 42 32 56 46 42 50 37 31 33 25 451
Motorist Assist 19 18 9 10 8 9 11 11 14 16 9 19 153
MV Fatal Crash 0 0 0 0 0 0 0 0 0 0 0 0 0
MV Personal Injury Crash 1 4 5 2 5 2 5 3 5 3 2 1 38
MV Property Damage Crash 38 47 20 14 30 19 34 24 34 37 41 56 394
OFP/HRO File 9 4 7 7 5 9 9 7 4 7 2 6 76
Recovered Motor Vehicle 0 0 0 0 0 0 0 0 0 0 0 0 0
Recovered Property 0 2 1 1 4 4 5 3 0 0 0 3 23
Suspicious Person/Activity/Vehicle 55 48 62 56 49 68 61 72 60 46 53 43 973
Traffic 425 254 581 503 501 315 433 407 404 406 290 243 4811
Trespass Notice Service 5 9 2 2 5 5 1 2 2 5 8 5 51
Vehicle Impound 0 0 0 0 0 0 1 2 0 4 0 1 8
Warrant Arrest 15 11 12 7 7 12 8 10 8 12 9 4 116
Grand Total 17,014
25
Awards Ceremony
Chief Commendations
Captain Scott Slawson
Officer Gena Abramovich
Clerical Supervisor Jeana Allen-
Hatcher
Clerk Lorilee Stafford
Sergeant Pete Stanley
Officer Kaitlyn Baker
Detective Cheri Galli
Sergeant Marty Williams
Officer Matthew Collier
Sean Gallagher
Quintin Payne
David Flesland
Officer Jason Ryan
Officer Daniel Fitzmaurice
CSO Scott Anderson
Julie Anderson
Officer Miguel Robles and K9 Kody
On January 27 2020, the
Police Department held the 2019
Police Awards Ceremony. The
event was held at the start of
the Council meeting and was well
attended.
I:\RFA\City Manager\2020\6.1 Business Licenses\06.22.20 - Massage\6.1 Q-Business Licenses 062220.docx
Request for Action
June 22, 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:
Better Health Concepts 4124 Quebec Ave N Therapeutic Massage Enterprise & Therapist
True Blue Massage Bodywork 8500 42nd Ave N Therapeutic Massage Enterprise & Therapist
Attachments:
Memo from Det. Loser re: Massage Therapist Application, Tammy Bain (Better Health Concepts)
Memo from Det. Loser re: Massage Therapist Application, Tayana Vecherkova (True Blue Massage
Bodywork)
Agenda Section
Consent
Item Number
6.1
G:\City Manager\AGENDA\6.2 R-Approval of Claims Merge Doc.docx
Request for Action
June 22, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: City Manager
By: Kirk McDonald, City Manager
Agenda Title
Approval of claims through June 22, 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\Q&R-polling place designation.docx
Request for Action
June 22, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk/Treasurer
Agenda Title
Resolution designating polling places in the city of New Hope
Requested Action
Staff recommends adoption of the resolution designating polling places.
Policy/Past Practice
The city must follow state statutes relative to election law.
Background
M.S.§204B.16 requires each municipality to adopt a resolution annually by December 31 (by July 21 for the 2020
election cycle) to designate polling places for each election precinct. If a polling place needs to be changed, all
affected households within that precinct must be notified. Seven polling places are the same as prior election
cycles. Precinct 6 was changed from North Ridge Health and Rehab to City Hall Civic Center Room for this
election cycle. Postcards will be sent to all registered voters of Precinct 6 notifying them of the change.
PRECINCT NUMBER
POLLING PLACE POLLING PLACE ADDRESS
2290 NEW HOPE P-1 Spanish Immersion at Sunny
Hollow
8808 27th Avenue North
2295 NEW HOPE P-2 Sonnesyn Elementary School 3421 Boone Avenue North
2300 NEW HOPE P-3 St. Joseph Catholic Church 8701 36th Avenue North
2310 NEW HOPE P-4 New Hope Learning Center 8301 47th Avenue North
2315 NEW HOPE P-5 Holy Nativity Church 3900 Winnetka Avenue North
2320 NEW HOPE P-6 New Hope City Hall 4401 Xylon Avenue North
2330 NEW HOPE P-7 Meadow Lake Elementary School 8525 62nd Avenue North
2335 NEW HOPE P-8 House of Hope Lutheran Church 4800 Boone Avenue North
A copy of the adopted resolution will be provided to Hennepin County Elections Division.
Attachments
Resolution
Agenda Section
Consent
Item Number
6.4
City of New Hope
Resolution No. 2020-
Resolution designating polling places
in the city of New Hope
WHEREAS, MS.§204B.16 requires each municipality to adopt a resolution annually to designate
polling places for each election precinct.
NOW THEREFORE BE IT RESOLVED that the city hereby designates the following polling
places for New Hope elections:
PRECINCT NUMBER
POLLING PLACE POLLING PLACE ADDRESS
2290 NEW HOPE P-1 Spanish Immersion at Sunny
Hollow
8808 27th Avenue North
2295 NEW HOPE P-2 Sonnesyn Elementary School 3421 Boone Avenue North
2300 NEW HOPE P-3 St. Joseph Catholic Church 8701 36th Avenue North
2310 NEW HOPE P-4 New Hope Learning Center 8301 47th Avenue North
2315 NEW HOPE P-5 Holy Nativity Church 3900 Winnetka Avenue North
2320 NEW HOPE P-6 New Hope City Hall 4401 Xylon Avenue North
2330 NEW HOPE P-7 Meadow Lake Elementary School 8525 62nd Avenue North
2335 NEW HOPE P-8 House of Hope Lutheran Church 4800 Boone Avenue North
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 22nd
day of June, 2020.
____________________________
Mayor
Attest: ______________________________
City Clerk
I:\RFA\HR & Admin Svcs\Human Resources\2020\06222020 Council Meeting\Q&R COVID-19 Preparedness Plan 06222020.docx
Request for Action
June 22, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: HR & Admin Services
By: Rich Johnson, Director of HR & Admin. Services
Agenda Title
Resolution adopting the COVID-19 Preparedness Plan for the city of New Hope
Requested Action
Staff recommends adoption of the COVID-19 Preparedness Plan for the city of New Hope.
Policy/Past Practice
The city adopts plans as needed.
Background
As required by the State of Minnesota, the city drafted a COVID-19 Preparedness Plan dated May 4, 2020. This
past week, the State of Minnesota sent out a revised COVID-19 Preparedness Plan template which included
additional requirements which have been included in the attached document. Additionally, the League of
Minnesota Cities recommended that the revised COVID-19 Preparedness Plan be approved by the city council
therefore it is being brought before you at this time.
Attachments
COVID-19 Preparedness Plan dated June 22, 2020
Agenda Section
Consent
Item Number
6.5
COVID-19 Preparedness Plan for the city of New Hope
June 22, 2020
The city of New Hope is committed to providing a safe and healthy workplace for all our workers. To
ensure that, we have developed the following Preparedness Plan in response to the COVID-19
pandemic. Managers and workers are all responsible for implementing this plan. Our goal is to
mitigate the potential for transmission of COVID-19 in our workplaces, and that requires full
cooperation among workers and management. Only through this cooperative effort can we establish
and maintain the safety and health of our workers and workplaces.
Management and workers are responsible for implementing and complying with all aspects of this
Preparedness Plan. The city of New Hope's managers and supervisors have our full support in
enforcing the provisions of this policy.
Our workers are our most important assets. We are serious about safety and health and keeping our
workers working at the city of New Hope. Worker involvement is essential in developing and
implementing a successful COVID-19 Preparedness Plan. We have involved our workers in this
process by having begun to gather, and continue to request input from employees for review and
possible inclusion into this plan. Our COVID-19 Preparedness Plan follows Centers for Disease Control
and Prevention (CDC) and Minnesota Department of Health (MDH) guidelines and federal OSHA
standards related to COVID-19 and Executive Order 20-48, and addresses:
• hygiene and respiratory etiquette;
• engineering and administrative controls for social distancing;
• cleaning, disinfecting, decontamination and ventilation;
• prompt identification and isolation of sick persons;
• communications and training that will be provided to managers and workers; and
• management and supervision necessary to ensure effective implementation of the plan;
• protection and controls for pick-up and drop-off; and
• communications and instructions for customers
Screening and policies for employees exhibiting signs and
symptoms of COVID-19
Workers have been informed of and encouraged to self-monitor for signs and symptoms of COVID-19.
The following policies and procedures are being implemented to assess workers’ health status prior to
entering the workplace and for workers to report when they are sick or experiencing symptoms. Staff
has received information via email as well as posters onsite regarding recognizing signs and symptoms
of COVID-19 symptoms with directions on how to report if they are experiencing symptoms. Any staff
at work experiencing symptoms would be isolated and sent home. City hall staff would be isolated in
the Civic Center Conference Room, police staff would be isolated in the Police Conference Room, and
public works staff would be isolated in the small conference room at public works until they are sent
home.
The city of New Hope has implemented leave policies that promote workers staying at home when
they are sick, when household members are sick, or when required by a health care provider to isolate
or quarantine themselves or a member of their household. Staff has received information on the
Families First Coronavirus Response Act (FFCRA) via email, hardcopy and posters. Additionally, the
city provides leave in accordance with the Family Medical Leave Act (FMLA) to those that are eligible
and employees accrue personal, vacation, sick or compensatory leave which is outlined in the city’s
personnel rules and regulations. Accommodations for workers with underlying medical conditions or
who have household members with underlying health conditions have been implemented. The city
encourages staff with underlying health conditions or staff with household members that have
underlying health conditions to contact Rich Johnson or Walker MacBeath in human resources, as these
situations will be reviewed on a case by case basis to determine what accommodations may be
appropriate.
The city of New Hope has also implemented a policy for informing workers if they have been exposed
to a person with COVID-19 at their workplace and requiring them to quarantine for the required
amount of time. If the city has reason to believe an employee is exposed to a person with COVID -19 in
the workplace, human resources staff will contact the staff member regarding necessary steps in
addition to following all Centers for Disease Control (CDC) and Minnesota Department of Health
(MDH) regulations.
In addition, a policy has been implemented to protect the privacy of workers’ health status and health
information. In continuation with the city’s current practice, staff will adhere to various mandates and
regulations, including the Health Insurance Portability and Accountability Act of 1996 (HIPPA) which
requires privacy and security of personal health information.
Handwashing
Basic infection prevention measures are being implemented at our workplaces at all times. Workers are
instructed to wash their hands for at least 20 seconds with soap and water frequently throughout the
day, but especially at the beginning and end of their shift, prior to any mealtimes and after using the
toilet. All visitors to the facility will be required to wash their hands prior to or immediately upon
entering the facility. Some workplaces may have hand-sanitizer dispensers (that use sanitizers of
greater than 60% alcohol) that can be used for hand hygiene in place of soap and water, as long as
hands are not visibly soiled. All restrooms and sinks throughout the facility are stocked with anti-
bacterial soap and all staff members have been provided with hand sanitizer that they can keep on
their person. Each city facility has additional sanitizer to refill individual bottles. Wall-mounted
dispensers of hand sanitizer have been installed.
Respiratory etiquette: Cover your cough or sneeze
Workers and visitors are being instructed to cover their mouth and nose with their sleeve or a tissue
when coughing or sneezing and to avoid touching their face, in particular their mouth, nose and eyes,
with their hands. They should dispose of tissues in the trash and wash or sanitize their hands
immediately afterward. Respiratory etiquette will be demonstrated on posters and supported by
making tissues and trash receptacles available to all workers and visitors. Staff has received educational
materials via email, hardcopy and posters in city facilities and is strongly encouraged to adhere to these
directives.
Social distancing
Social distancing by maintaining at least six feet of separation between each other is being implemented
in the workplace through the following engineering and administrative controls: Where possible, staff
members were provided equipment to allow working remotely over the past several weeks. As of June
1, most staff members returned to their traditional working arrangements utilizing flexible shifts,
alternative work schedules, etc. Signage has been posted for both employees and visitors. Staff has been
instructed to limit vehicle occupancy to only one person. Employees are encouraged to communicate
with their department head or human resources staff with any concerns. Employees are encouraged to
utilize appropriate personal protective equipment (PPE) which is available onsite. Staff has been
directed to not gather in groups e.g. no more than four staff members in the lunchroom at city hall, no
more than five in the lunchroom at public works, etc. Necessary meetings which include several
participants will be held via WebEx rather than in person. Temporary impermeable barriers have been
installed at the front counters and permanent glass barriers will be installed by June 22.
Workers and visitors are prohibited from gathering in groups and confined areas, including elevators,
and from using others’ personal protective equipment, phones, computer equipment, desks, cubicles,
workstations, offices or other personal work tools or equipment.
Cleaning, disinfection, and ventilation
Regular housekeeping practices are being implemented, including routine cleaning and disinfecting of
work surfaces, equipment, tools and machinery, vehicles, and areas in the work environment,
including restrooms, breakrooms, lunchrooms and meeting rooms, front counters, and drop-off and
pick-up locations. Frequent cleaning and disinfecting will be conducted in high-touch areas, such as
phones, keyboards, touch screens, controls, door handles, elevator panels, railings, copy machines,
credit card readers, delivery equipment, etc. Every staff member has been supplied with a mask, hand
sanitizer, and a stylus for use on the copy machines. Anti-bacterial cleaning products are available for
staff use, and after each workday ServiceMaster will be cleaning and sanitizing common areas,
restrooms, door handles, etc. Staff is encouraged to utilize these cleaning products to clean their
personal work area and equipment. Public works has acquired equipment to sanitize each vehicle at
the beginning and end of each shift. Additional cleaning will be done as needed and particularly
should a staff member be diagnosed with COVID-19. The maximum amount of fresh air is being
brought into the workplace, air recirculation is being limited and ventilation systems are being
properly used and maintained. Steps are also being taken to minimize air flow blowing across people.
Staff has consulted with its HVAC vendor and made adjustments to increase the amount of fresh air
and reduce the amount of recirculated air. The city has another vendor under contract to perform
quarterly preventative maintenance on the city’s HVAC system including the changing of air filters.
Communications and training
An initial Preparedness Plan was communicated via email to staff with email access, hardcopy to those
without email access, as well as posted in common areas in city facilities to all workers on Monday,
May 4, 2020 and necessary training was provided. This revised preparedness plan will be shared
similarly on June 23 following City Council approval on June 22. Additional communication and
training will be ongoing in person, via email, hardcopy, and posters and provided to all workers who
did not receive the initial training. Instructions will be communicated to visitors about: how drop-off,
pick-up and delivery will be conducted to ensure social distancing between visitors and workers;
required hygiene practices; and recommendations that visitors use face masks when dropping off,
picking up, or accepting delivery. Visitors will also be advised not to enter the workplace if they are
experiencing symptoms or have contracted COVID-19 by notices posted at each public entry point.
Managers and supervisors are to monitor how effective the program has been implemented by
observing and asking for employee feedback. Management and workers are to work through this new
program together and update the training as necessary.
This COVID-19 Preparedness Plan has been certified by the New Hope City Council and will be posted
throughout the workplace June 23, 2020 and will be updated as necessary by the city manager or his
delegate.
Certified by:
Kathi Hemken
Mayor
I:\RFA\PUBWORKS\2020\Council\2020 ADA Transition Plan
Request for Action
June 22, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: Public Works
By: Megan Hedstrom, Storm Water Specialist and
Project Coordinator; Bernie Weber, Director of Public
Works
Agenda Title
Resolution to adopt the Americans with Disabilities Act (ADA) Transition Plan
Requested Action
Staff is recommending Council adopt the Americans with Disabilities Act (ADA) Transition Plan that has
been prepared by the city engineer, Stantec Consulting. The Council reviewed this plan at the June 15 work
session.
Policy/Past Practice
The city began drafting the ADA Transition Plan in 2019. In the past the city has made many improvements
to facilities and programs to accommodate persons with disabilities.
Background
Staff began developing the Americans with Disabilities Act (ADA) Transition Plan in fall of 2019. Beginning
in 2020, MnDOT will not allow any federal funding to be distributed to communities without an ADA
Transition Plan in place or in progress. The goal of the ADA Transition Plan is to bridge the gap between the
Federal ADA requirements and the goal of the city to provide an accessible community for all of our
residents of New Hope. This plan will work in conjunction with the existing Comprehensive Plan and the
Complete Streets Policy.
The ADA Transition Plan identifies the city’s methods for the replacement of out-of-date and non-compliant
pedestrian facilities within the city of New Hope. The plan states that the city will prioritize pedestrian
improvements by following the 10-Year Pavement Management Plan, as well as coordinating with Hennepin
County and adjacent cities on projects.
Funding
The plan does not identify any direct cost for ADA improvement projects. The city will continue to combine
these pedestrian improvement projects with street infrastructure projects to reduce cost.
Attachments
Resolution
ADA Transition Plan
Agenda Section
Work Session
Item Number
6.6
City of New Hope
Resolution No. 20-
Resolution to adopt the Americans with Disabilities Act (ADA) Transition Plan
WHEREAS, the city’s engineer, Stantec Consulting, has prepared the Americans with Disabilities Act (ADA)
Transition Plan; and,
WHEREAS, the city began drafting the Americans with Disabilities Act (ADA) transition plan in 2019; and,
WHEREAS, the ADA Transition plan details measures that the City of New Hope will take to increase the
ADA accessibility of the city; and,
WHEREAS, the goal of the ADA transition plan is to bridge the gap between the federal ADA requirements
and the goal of the city to provide an accessible community for all residents of New Hope; and,
WHEREAS, this plan will work in conjunction with the existing Comprehensive Plan and Complete Streets
Policy; and,
WHEREAS, the Council has viewed the plan and found the plan to be acceptable; and,
NOW, THEREFORE, BE IT RESOLVED:
That the City Council of the city of New Hope hereby adopts the ADA Transition Plan.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of June,
2020.
Mayor
Attest:
City Clerk
ADA Transition Plan for
Facilities within the Public Right-of-way
City of New Hope
June 2020
Prepared by
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ADA TRANISTION PLAN
Table of Contents
Introduction ................................................................................................................................3
Transition Plan Need and Purpose ...........................................................................................3
ADA and its Relationship to Other Laws...................................................................................3
Agency Requirements .............................................................................................................4
Self-Evaluation ............................................................................................................................5
Overview .................................................................................................................................5
Summary .................................................................................................................................5
Policies and Practices ..................................................................................................................5
Previous Practices ...................................................................................................................5
Current Policy ..........................................................................................................................6
Improvement Schedule ...............................................................................................................6
Priority Areas ..........................................................................................................................6
External Agency Coordination .................................................................................................6
ADA Coordinator .........................................................................................................................7
Implementation Schedule ...........................................................................................................7
Methodology...........................................................................................................................7
Public Outreach...........................................................................................................................7
Grievance Procedure ...................................................................................................................7
Monitor the Progress ..................................................................................................................8
Appendices .................................................................................................................................9
A.Self-Evaluation Results .....................................................................................................9
B.Schedule / Budget Information .........................................................................................9
C.Public Outreach ................................................................................................................9
D.Grievance Procedure .....................................................................................................9
E.Contact Information .........................................................................................................9
F.ADA Design Standards and Procedures .............................................................................9
G.Glossary of Terms .........................................................................................................9
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ADA TRANISTION PLAN
Introduction
Transition Plan Need and Purpose
The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law
prohibiting discrimination against individuals on the basis of disability. ADA consists of five
titles outlining protections in the following areas:
1.Employment
2.State and local government services
3.Public accommodations
4.Telecommunications
5.Miscellaneous Provisions
Title II of ADA pertains to the programs, activities and services public entities provide. As a
provider of public transportation services and programs, City of New Hope (City) must comply
with this section of the Act as it specifically applies to public service agencies. Title II of ADA
provides that, “…no qualified individual with a disability shall, by reason of such disability, be
excluded from participation in or be denied the benefits of the services, programs, or activities
of a public entity, or be subjected to discrimination by any such entity.” (42 USC. Sec. 12132;28
CFR. Sec. 35.130)
As required by Title II of ADA, 28 CFR. Part 35 Sec. 35.105 and Sec. 35.150, City has conducted a
self-evaluation of its facilities within public rights of way and has developed this Transition Plan
detailing how the organization will ensure that all of those facilities are accessible to all
individuals.
ADA and its Relationship to Other Laws
Title II of ADA is companion legislation to two previous federal statutes and regulations: the
Architectural Barriers Acts of 1968 and Section 504 of the Rehabilitation Act of 1973.
The Architectural Barriers Act of 1968 is a Federal law that requires facilities designed, built,
altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one
of the first efforts to ensure access to the built environment.
Section 504 of the Rehabilitation Act of 1973 is a Federal law that protects qualified individuals
from discrimination based on their disability. The nondiscrimination requirements of the law
apply to employers and organizations that receive financial assistance from any Federal
department or agency. Title II of ADA extended this coverage to all state and local government
entities, regardless of whether they receive federal funding or not.
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ADA TRANISTION PLAN
Agency Requirements
Under Title II, City must meet these general requirements:
·Must operate their programs so that, when viewed in their entirety, the programs are
accessible to and useable by individuals with disabilities (28 C.F.R. Sec. 35.150).
·May not refuse to allow a person with a disability to participate in a service, program or
activity simply because the person has a disability (28 C.F.R. Sec. 35.130 (a).
·Must make reasonable modifications in policies, practices and procedures that deny
equal access to individuals with disabilities unless a fundamental alteration in the
program would result (28 C.F.R. Sec. 35.130(b) (7).
·May not provide services or benefits to individuals with disabilities through programs
that are separate or different unless the separate or different measures are necessary to
ensure that benefits and services are equally effective (28 C.F.R. Sec. 35.130(b)(iv) & (d).
·Must take appropriate steps to ensure that communications with applicants,
participants and members of the public with disabilities are as effective as
communications with others (29 C.F.R. Sec. 35.160(a).
·Must designate at least one responsible employee to coordinate ADA compliance [28
CFR Sec. 35.107(a)]. This person is often referred to as the "ADA Coordinator." The
public entity must provide the ADA coordinator's name, office address, and telephone
number to all interested individuals [28 CFR Sec. 35.107(a)].
·Must provide notice of ADA requirements. All public entities, regardless of size, must
provide information about the rights and protections of Title II to applicants,
participants, beneficiaries, employees, and other interested persons [28 CFR Sec.
35,106]. The notice must include the identification of the employee serving as the ADA
coordinator and must provide this information on an ongoing basis [28 CFR Sec.
104.8(a)].
·Must establish a grievance procedure. Public entities must adopt and publish grievance
procedures providing for prompt and equitable resolution of complaints [28 CFR Sec.
35.107(b)]. This requirement provides for a timely resolution of all problems or conflicts
related to ADA compliance before they escalate to litigation and/or the federal
complaint process.
This document has been created to specifically cover accessibility within the public rights of
way and does not include information on City programs, practices, or building facilities not
related to public rights of way.
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ADA TRANISTION PLAN
Self-Evaluation
Overview
The City is required, under Title II of the Americans with Disabilities Act (ADA) and
28CFR35.105, to perform a self-evaluation of its current transportation infrastructure policies,
practices, and programs. This self-evaluation will identify what policies and practices impact
accessibility and examine how the City implements these policies. The goal of the self-
evaluation is to verify that, in implementing the City's policies and practices, the department is
providing accessibility and not adversely affecting the full participation of individuals with
disabilities.
The self-evaluation also examines the condition of the City's Pedestrian Circulation
Routes/Pedestrian Access Routes (PCR/PAR) and identifies potential need for PCR/PAR
infrastructure improvements. This will include the sidewalks, curb ramps, bicycle/pedestrian
trails, traffic control signals and transit facilities that are located within the City rights-of-way.
Any barriers to accessibility identified in the self-evaluation and the remedy to the identified
barrier are set out in this transition plan.
Summary
As of 2019, the City conducted an inventory of pedestrian facilities within its public right of way
consisting of the evaluation of the following facilities:
397 City street curb ramps
-569 total curb ramps within City limits (includes County Roads)
26 miles of sidewalks
22 miles of trails
1 traffic control signal maintained by the City
283 bus stops
The sidewalks, trails, APS signals and bus stop inspections are not complete and
will continue until they are all inspected which is projected to be 2025. A detailed evaluation on
how these facilities relate to ADA standards will be updated periodically as the inspections are
completed and inventoried. Self-Evaluation results are in Appendix A.
Policies and Practices
Previous Practices
Since the adoption of the ADA, the City has striven to provide accessible pedestrian features as
part of the City's capital improvement projects. As additional information was made available
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ADA TRANISTION PLAN
as to the methods of providing accessible pedestrian features, the City updated their
procedures to accommodate these methods.
Current Policy
The City's goal is to continue to provide accessible pedestrian design features as part of the
City's capital improvement projects. The City has established ADA design standards and
procedures as listed in Appendix F. These standards and procedures will be kept up to date
with nationwide and local best management practices.
The City of New Hope has established policies, plans and programs that support accessible
pedestrian design decisions:
·Pavement Management Program
·Complete Streets Policy
·Trail and Bikeway Comprehensive Plan
The City will consider and respond to all accessibility improvement requests. All accessibility
improvements that have been deemed reasonable will be scheduled consistent with
transportation priorities. The City will coordinate with external agencies to ensure that all new
or altered pedestrian facilities within the City jurisdiction are ADA compliant to the maximum
extent feasible.
Maintenance of pedestrian facilities within the public right of way will continue to follow the
policies set forth by the City .
Requests for accessibility improvements can be submitted to the City. Contact information is
located in Appendix E.
Improvement Schedule
Priority Areas
Each year the City Council approves a Pavement Management Plan (PMP) which includes
planned Capital Improvements Projects (CIP) for the following 10-years. ADA compliance and
improvements are reviewed and proposed if relevant into each of these projects in compliance
with City of New Hope’s Complete Streets Policy.
External Agency Coordination
Many other agencies are responsible for pedestrian facilities within the jurisdiction of the City.
The City will coordinate with those agencies to track and assist in the facilitation of the
elimination of accessibility barriers along their routes.
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ADA TRANISTION PLAN
ADA Coordinator
In accordance with 28 CFR 35.107(a), the City has identified an ADA Title II Coordinator to
oversee the City policies and procedures. Contact information for this individual is located in
Appendix E.
Implementation Schedule
Methodology
The City will utilize two methods for upgrading pedestrian facilities to the current ADA
standards. The first and most comprehensive of the two methods are the scheduled street and
utility improvement projects. All pedestrian facilities impacted by these projects will be
upgraded to current ADA accessibility standards. The second method is the stand-alone
sidewalk and ADA accessibility improvement project. These projects will be incorporated into
the Capital Improvement Program (CIP) on a case by case basis as determined by City staff. The
City's PMP and CIP are both available on the City of New Hope Website, which includes a
detailed schedule and budget for specific improvements, is included in Appendix B.
Public Outreach
The City of New Hope recognizes that public participation is an important component in the
development of this document. Input from the community has been gathered and used to help
define priority areas for improvements within the jurisdiction of the City.
This document was also available for public comment. A summary of comments received and
detailed information regarding the public outreach activities are located in Appendix C.
·Summary of the draft ADA Transition Plan presentation to the Citizen Advisory
Committee (CAC) and Public Hearing – October 8, 2019
·On-line comments period occurred between October 30, 2019 through June 1, 2020
·Final ADA Transition Plan brought to a regularly scheduled City Council Meeting for
adoption – June 22, 2020
Grievance Procedure
Under the Americans with Disabilities Act, each agency is required to publish its responsibilities
in regard to the ADA. A draft of this public notice is provided in Appendix D. If users of the
City's facilities and services believe the City has not provided reasonable accommodation, they
have the right to file a grievance.
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ADA TRANISTION PLAN
In accordance with 28 CFR 35.107(b), the City has developed a grievance procedure for the
purpose of the prompt and equitable resolution of citizens’ complaints, concerns, comments,
and other grievances. This grievance procedure is outlined in Appendix D.
Monitor the Progress
This document will continue to be updated as conditions within the City evolves.
The appendices in this document will be updated periodically, while the main body of the
document will be updated in 3-5 years, with a future update schedule to be developed at that
time. With each main body update, a public comment period will be established to continue
the public outreach.
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ADA TRANISTION PLAN
Appendices
A.Self-Evaluation Results
B.Schedule / Budget Information
C.Public Outreach
D.Grievance Procedure
E.Contact Information
F.ADA Design Standards and Procedures
G.Glossary of Terms
Page |10
ADA TRANISTION PLAN
Appendix A – Self-Evaluation Results
The inventory of the pedestrian facilities including ramps, sidewalks, trails and bus tops within
the city public right of way can be found on the city’s website under Policies & Plans. The draft
ADA Transition Report will be posted at this location for public comment and an interactive GIS
map showing the up-to-date inspection results are at the bottom of the page under the heading
ADA Transition Plan:
https://www.newhopemn.gov/city_hall/community_development/policies_plans
Figures showing locations of these facilities are on the following pages. These figures show the
pedestrian ramps inspected to date, to be inspected and if the pedestrian ramps pass. In the
coming years the remaining pedestrian ramps will be inspected in addition to inspection of
trails, sidewalks, bus stop locations for accessibility and adherence to federal design standards.
The Self Evaluation is not complete for all right-of-way attributes at this time. It is expected to
be completed by 2025. In the below table summarizes where the self-evaluation has at this
time.
Pedestrian Facility Total Passed
City Pedestrian Curb Ramps
Inspected Spring/Summer
2019
397 123
(31%)
County Road Pedestrian Curb
Ramps within New Hope 172 TBD
Bus Stops 283 TBD
Sidewalk 26 Miles TBD
Trail 22 Miles TBD
Traffic Signaled Intersections
16 Intersections
1 City Owned
15 County Owned
City Owned Passed
TBD – County Signal
Intersections
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ADA TRANISTION PLAN
Figures 1 – 4 Inspections to Date, Passing, Priority and Bus Stop
Locations
S o u r c e s : E s r i , H E R E , G a r m i n , I n t e r m a p , i n c r e m e n t P C o r p . , G E B C O , U S G S , F A O , N P S , N R C A N , G e o B a s e , I G N , K a d a s t e r N L , O r d n a n c e S u r v e y , E s r i J a p a n , M E T I , E s r i C h i n a
( H o n g K o n g ) , ( c ) O p e n S t r e e t M a p c o n t r i b u t o r s , a n d t h e G I S U s e r C o m m u n i t y
¯
0 0 . 2 5 0 . 5 0 . 7 5 10 . 1 3
M i l e s
I n s p e c t io n s t o D a t e F ig u r e 1
N e w H o p e , M in n e s o t a D a t e : O c t o b e r 2 0 1 9
I n s p e c t e d
( 3 9 7 )
N e e d s
I n s p e c t io n
( 1 7 2 )
S id e w a lk
T r a il
S o u r c e s : E s r i , H E R E , G a r m i n , I n t e r m a p , i n c r e m e n t P C o r p . , G E B C O , U S G S , F A O , N P S , N R C A N , G e o B a s e , I G N , K a d a s t e r N L , O r d n a n c e S u r v e y , E s r i J a p a n , M E T I , E s r i C h i n a
( H o n g K o n g ) , ( c ) O p e n S t r e e t M a p c o n t r i b u t o r s , a n d t h e G I S U s e r C o m m u n i t y
¯
0 0 . 2 5 0 . 5 0 . 7 5 10 . 1 3
M i l e s
P a s s in g P e d e s t r ia n R a m p s F igure 2
N e w H o p e , M in n e s o t a D a t e : O c t o b e r 2 0 1 9
F a ilin g
P e d e s t r ia n R a m p
( 2 7 4 )
P a s s in g
P e d e s t r ia n R a m p
( 1 2 3 )
S id e w a lk
T r a il
S o u r c e s : E s r i , H E R E , G a r m i n , I n t e r m a p , i n c r e m e n t P C o r p . , G E B C O , U S G S , F A O , N P S , N R C A N , G e o B a s e , I G N , K a d a s t e r N L , O r d n a n c e S u r v e y , E s r i J a p a n , M E T I , E s r i C h i n a
( H o n g K o n g ) , ( c ) O p e n S t r e e t M a p c o n t r i b u t o r s , a n d t h e G I S U s e r C o m m u n i t y
¯
0 0 . 2 5 0 . 5 0 . 7 5 10 . 1 3
M i l e s
P r io r it y P e d e s t r ia n R a m p s F i gure 3
N e w H o p e , M in n e s o t a D a t e : O c t o b e r 2 0 1 9
P r io r it y
P e d e s t r ia n R a m p
( 2 0 9 )
S id e w a lk
T r a il
P a s s in g P e d e s t r ia n
R a m p
( 1 2 3 )
L o w P r io r it y
P e d e s t r ia n R a m p
( 6 5 )
S o u r c e s : E s r i , H E R E , G a r m i n , I n t e r m a p , i n c r e m e n t P C o r p . , G E B C O , U S G S , F A O , N P S , N R C A N , G e o B a s e , I G N , K a d a s t e r N L , O r d n a n c e S u r v e y , E s r i J a p a n , M E T I , E s r i C h i n a
( H o n g K o n g ) , ( c ) O p e n S t r e e t M a p c o n t r i b u t o r s , a n d t h e G I S U s e r C o m m u n i t y
¯
0 0 . 2 5 0 . 5 0 . 7 5 10 . 1 3
M i l e s
B u s S t o p L o c a t io n s F igure 4
N e w H o p e , M in n e s o t a D a t e : O c t o b e r 2 0 1 9
B u s S t o p
S id e w a lk
T r a il
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ADA TRANISTION PLAN
Appendix B – Schedule/Budget Information
Cost Information
Unit Prices
Construction costs for upgrading facilities can vary depending on each individual improvement
and conditions of each site. Costs can also vary on the type and size of project the
improvements are associated with. Listed below are representative 2011 costs for some typical
accessibility improvements based on if the improvements are included as part of a retrofit type
project, or as part of a larger comprehensive capital improvement project.
A.Intersection corner ADA improvement retrofit: +/- $4,000 per corner
o Of the 397 inspected curb ramps, 274 curb ramps need improvements
§274 X $4,000 = $1,096,000
§173 curb ramps still require inspection
B.Intersection corner ADA improvement as part of adjacent capital project: +/- $1,500 per
corner
o Of the 397 inspected curb ramps, 274 curb ramps need improvements
§274 X $1,500 = $411,000
§173 curb ramps still require inspection
C.Traffic control signal corner ADA improvement retrofit: +/-$ 10,000
o Est. 15 County Owned Signals require some work on each corner, 60 corners
§60 X $10,000 = $600,000
D.Traffic control signal APS upgrade as part of full traffic control signal installation: +/-
$10,000
o Est. 15 County Owned Signals require APS
§15 X $10,000 = $150,000
E.Sidewalk / Trail ADA improvement retrofit: +/- $5.00 per SF
o TBD in coming years of self-evaluation
o If 10% of all sidewalks and trails require retrofit improvements: +/- 5 miles of
improvements (264,000 Feet)
§Average Sidewalk is 5’ wide: 264,000 FT X 5 FT Wide = 1,320,000 SF
§Estimated Retrofit cost for 10% of City Sidewalks and trails:
·1,320,000 SF X $5/SF = $6,600,000
F.Sidewalk / Trail ADA improvement as part of adjacent capital project: +/- $3.50 per SF
G.Bus Stop ADA improvement retrofit: +/- $400 per stop
H.Bus Stop ADA improvement as part of adjacent capital project: +/- $250 per stop
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ADA TRANISTION PLAN
Entire Jurisdiction
Based on the results of the self-evaluation, the estimate costs associated with providing ADA
accessibility within the entire jurisdiction is at this time for pedestrian ramps $1,096,000 when
completed outside of a CIP project. For cost reasons and as set-forth in the report, the city of
New Hope will primarily improve pedestrian curb ramps as part of the adjacent CIP Project
which lowers the overall cost to approximately $411,000 for all the failing pedestrian ramps
identified in the 2019 field investigation. In the coming years other pedestrian facilities will be
self-evaluated and the overall investment required will continue to rise as most of the City was
built in the 1960’s prior to the ADA Federal Requirements being adopted. The eventual total
amount signifies a significant investment that city of New Hope is committed to making in the
upcoming years. A systematic approach to providing accessibility will be taken in order to
absorb the cost into the city of New Hope budget for improvements to the public right of way.
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ADA TRANISTION PLAN
Appendix C – Public Outreach
The Draft ADA Transition Plan was presented to New Hope Citizen’s Advisory Commission (CAC)
and Public Hearing held at 7:00 pm, on October 8, 2019 at New Hope City Hall.
The draft Document was placed on the City’s website from October 30, 2019 to June 1, 2020
for review and comment. Any comments during this time are to be e-mailed to the ADA
Coordinator and will be reviewed and included in this section. The website is:
https://www.newhopemn.gov/city_hall/community_development/policies_plans
No public comments were received during the comment period.
The adoption of the ADA Transition Plan will occur at a regularly scheduled City Council
meeting on June 22, 2020. Once adopted, the final plan will be posted on the City website.
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ADA TRANISTION PLAN
Appendix D – Grievance Procedure
As part of the ADA requirements the City/County has posted the following notice outlining its
ADA requirements:
Public Notice
In accordance with the requirements of title II of the Americans with Disabilities Act of 1990,
The City will not discriminate against qualified individuals with disabilities on the basis of
disability in City's services, programs, or activities.
Employment: The City does not discriminate on the basis of disability in its hiring or
employment practices and complies with all regulations promulgated by the U.S. Equal
Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA).
Effective Communication: The City will generally, upon request, provide appropriate aids and
services leading to effective communication for qualified persons with disabilities so they can
participate equally in the City's programs, services, and activities, including qualified sign
language interpreters, documents in Braille, and other ways of making information and
communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: The City will make all reasonable modifications to
policies and programs to ensure that people with disabilities have an equal opportunity to
enjoy all City programs, services, and activities. For example, individuals with service animals
are welcomed in City offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification
of policies or procedures to participate in a City program, service, or activity, should contact the
office of the ADA Coordinator, as soon as possible but no later than 48 hours before the
scheduled event.
The ADA does not require the City to take any action that would fundamentally alter the nature
of its programs or services, or impose an undue financial or administrative burden.
The City will not place a surcharge on a particular individual with a disability or any group of
individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable
modifications of policy, such as retrieving items from locations that are open to the public but
are not accessible to persons who use wheelchairs.
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ADA TRANISTION PLAN
Sample Grievance Procedure (Source www.ada.gov):
City of New Hope Grievance Procedure under the Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with
Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint
alleging discrimination on the basis of disability in the provision of services, activities, programs,
or benefits by the City of New Hope. The City's Personnel Policy governs employment-related
complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination
such as name, address, phone number of complainant and location, date, and description of
the problem. Alternative means of filing complaints, such as personal interviews or a tape
recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible
but no later than 60 calendar days after the alleged violation to:
Attn: Megan Hedstrom, ADA Coordinator
City of New Hope Engineering Dept.
5500 International Parkway
New Hope, MN 55428
Within 15 calendar days after receipt of the complaint,the ADA Coordinator or designee will
meet with the complainant to discuss the complaint and the possible resolutions. Within 15
calendar days of the meeting,the ADA Coordinator or designee will respond in writing, and
where appropriate, in a format accessible to the complainant, such as large print, Braille, or
audio tape. The response will explain the position of the City of New Hope and offer options for
substantive resolution of the complaint.
If the response by the ADA Coordinator or their designee does not satisfactorily resolve the
issue, the complainant and/or his/her designee may appeal the decision within 15 calendar
days after receipt of the response to the City Manager or their designee.
Within 15 calendar days after receipt of the appeal, the City Manager or their designee will
meet with the complainant to discuss the complaint and possible resolutions. Within 15
calendar days after the meeting, the City Manager or their designee will respond in writing,
and, where appropriate, in a format accessible to the complainant, with a final resolution of the
complaint.
All written complaints received by the ADA Coordinator or their designee, appeals to the City
Manager or their designee, and responses from these two offices will be retained by the City of
New Hope for at least three years.
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ADA TRANISTION PLAN
Those wishing to file a formal written grievance with the City of New Hope may do so by one of
the following methods:
Internet
Visit the City of New Hope website under Policy & Plans
(https://www.newhopemn.gov/city_hall/community_development/policies_plans) and scroll
to the ADA Transition Plan section at the bottom of the webpage. Click the link to the ADA
Grievance Form. Fill in the form online and click “submit.” A copy of The ADA Grievance Form is
included in this Appendix.
Telephone
Contact the pertinent City staff person listed in the Contact Information section of Appendix E
to submit an oral grievance. The staff person will utilize the Internet method above to submit
the grievance on behalf of the person filing the grievance.
Paper Submittal
Contact the pertinent City staff person listed in the Contact Information section of Appendix E
to request a paper copy of the county’s grievance form, complete the form, and submit it to the
the Public Work's Engineering Department. A staff person will utilize the Internet method
above to submit the grievance on behalf of the person filing the grievance.
The ADA Grievance Form will ask for the following information:
The name, address, telephone number, and email address for the person filing the grievance
The name, address, telephone number, and email address for the person alleging an ADA
violation (if different than the person filing the grievance)
A description and location of the alleged violation and the nature of a remedy sought, if
known by the complainant.
If the complainant has filed the same complaint or grievance with the United States
Department of Justice (DOJ), another federal or state civil rights agency, a court, or others, the
name of the agency or court where the complainant filed it and the filing date.
The City will acknowledge receipt of the grievance to the complainant within 10 working days of
its submittal. City will also provide to the complainant within 10 working days of its submittal;
1) a response or resolution to the grievance or; 2) information on when the complainant can
expect a response or resolution to the grievance.
Page |18
ADA TRANISTION PLAN
If the grievance filed does not concern a City of New Hope facility, the City will work with the
complainant to contact the agency that has jurisdiction.
3. Within 60 calendar days of receipt, a City staff person will conduct an investigation necessary
to determine the validity of the alleged violation. As a part of the investigation, the staff person
would conduct an engineering study to help determine the City's response. The staff person will
take advantage of department resources and use engineering judgment, data collected, and
any information submitted by the resident to develop a conclusion. A staff person will be
available to meet with the complainant to discuss the matter as a part of the investigation and
resolution of the matter. The City will document each resolution of a filed grievance and retain
such documentation in the department’s ADA Grievance File for a period of seven years.
The City will consider all specific grievances within its particular context or setting.
Furthermore, the City will consider many varying circumstances including: 1) the nature of the
access to services, programs, or facilities at issue; 2) the specific nature of the disability; 3) the
essential eligibility requirements for participation; 4) the health and safety of others: and 5) the
degree to which an accommodation would constitute a fundamental alteration to the program,
service, or facility, or cause an undue hardship to the City.
Accordingly, the resolution by the City of New Hope of any one grievance does not constitute a
precedent upon which the county is bound or upon which other complaining parties may rely.
File Maintenance
The City shall maintain ADA grievance files for a period of seven years.
Complaints of Title II violations may also be filed with the DOJ within 180 days of the date of
discrimination. In certain situations, cases may be referred to a mediation program sponsored
by the Department of Justice (DOJ). The DOJ may bring a lawsuit where it has investigated a
matter and has been unable to resolve violations.
For more information, contact:
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530
www.ada.gov
(800) 514-0301 (voice – toll free)
(800) 514-0383 (TTY)
Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file
a complaint with the DOJ or any other Federal agency, or to receive a "right-to-sue" letter,
before going to court.
Page |19
ADA TRANISTION PLAN
See grievance form below and on next page.
City of New Hope ADA Grievance Form
ADA Grievance Form Complainant:
Name: ________________________________________________________________________
Address: ______________________________________________________________________
City, State and Zip Code: _________________________________________________________
Telephone: Home: __________________________ Cell: ________________________________
Email: ______________________________________________________________________
Person discriminated against (if other than the complainant):
Name:________________________________________________________________________
Address: ______________________________________________________________________
City, State, and Zip Code: _________________________________________________________
Telephone: Home: __________________________ Cell: ________________________________
Email: ______________________________________________________________________
Government, or organization, or institution whic h you believe has discriminated:
Name: ________________________________________________________________________
Address: ______________________________________________________________________
City: _______________________________________________________________________
City, State and Zip Code: _________________________________________________________
Telephone Number: _____________________________________________________________
When did the discrimination occur? _________________________ Date: _________________
Have efforts been made to resolve this complaint? Yes _____ No______
If yes: what is the status of the grievance?
Has the complaint been filed with the Department of Justice or any other Federal, State, or
local civil rights agency or court? Yes _____ No______
If yes:
Agency or Court: _____________________________________________________________
Contact Person: ______________________________________________________________
Address: ___________________________________________________________________
City, State, and Zip Code: ______________________________________________________
Telephone Number: __________________________________________________________
Date Filed: __________________________________________________________________
Do you intend to file with another agency or court? Yes _____ No______
Page |20
ADA TRANISTION PLAN
If yes:
Agency or Court ______________________________________________________
Address: ___________________________________________________________________
City, State and Zip Code: ______________________________________________________
Telephone Number: __________________________________________________________
Additional space for ADA Issue/Incident description and (if available) photographs:
Complainant Signature: _______________________________________
Date: ___________________________________________
Return to:
ADA Coordinator, New Hope Engineering Department
New Hope Public Works
Address: 5500 International Parkway, New Hope, MN 55428
Phone: 763-592-6777
E-mail:Mhedstrom@newhopemn.gov
Page |21
ADA TRANISTION PLAN
Appendix E – Contact Information
The ADA Coordinator may be contacted by calling the Public Works at 763-592-6777 and ask for
Engineering. All written correspondence shall be sent to the following address:
Attn: Megan Hedstrom, ADA Coordinator
New Hope Public Works
5500 International Parkway
New Hope, MN 55428
Or e-mail at:Mhedstrom@newhopemn.gov
Page |22
ADA TRANISTION PLAN
Appendix F – Agency ADA Design Standards and Procedures
Design Procedures
Intersection Corners
Curb ramps or blended transitions will attempt to be constructed or upgraded to achieve
compliance within all capital improvement projects. There may be limitations which make it
technically infeasible for an intersection corner to achieve full accessibility within the scope of
any project. Those limitations will be noted and those intersection corners will remain on the
transition plan. As future projects or opportunities arise, those intersection corners shall
continue to be incorporated into future work. Regardless on if full compliance can be achieved
or not, each intersection corner shall be made as compliant as possible in accordance with the
judgment of City staff.
Sidewalks / Trails
Sidewalks and trails will attempt to be constructed or upgraded to achieve compliance within
all capital improvement projects. There may be limitations which make it technically infeasible
for segments of sidewalks or trails to achieve full accessibility within the scope of any project.
Those limitations will be noted and those segments will remain on the transition plan. As
future projects or opportunities arise, those segments shall continue to be incorporated into
future work. Regardless on if full compliance can be achieved or not, every sidewalk or trail
shall be made as compliant as possible in accordance with the judgment of City staff.
Traffic Control Signals
Traffic control signals will attempt to be constructed or upgraded to achieve compliance within
all capital improvement projects. There may be limitations which make it technically infeasible
for individual traffic control signal locations to achieve full accessibility within the scope of any
project. Those limitations will be noted and those locations will remain on the transition plan.
As future projects or opportunities arise, those locations shall continue to be incorporated into
future work. Regardless on if full compliance can be achieved or not, each traffic signal control
location shall be made as compliant as possible in accordance with the judgment of City staff.
Bus Stops
Bus stops will attempt to be constructed or upgraded to achieve compliance within all capital
improvement projects. There may be limitations which make it technically infeasible for
individual bus stop locations to achieve full accessibility within the scope of any project. Those
limitations will be noted and those locations will remain on the transition plan. As future
projects or opportunities arise, those locations shall continue to be incorporated into future
work. Regardless on if full compliance can be achieved or not, each bus stop location shall be
made as compliant as possible in accordance with the judgment of City staff.
Page |23
ADA TRANISTION PLAN
Other Transit Facilities
Additional transit facilities are present within the limits of the City. Those facilities fall under
the jurisdiction of Metro Transit. The City of New Hope will work with Metro Transit to ensure
that those facilities meet all appropriate accessibility standards.
Other policies, practices and programs
Policies, practices and programs not identified in this document will follow the applicable ADA
standards.
Design Standards
The City of New Hope has PROWAG, as adopted by the Minnesota Department of
Transportation (MnDOT), as its design standard. A copy of this document is available on-line at:
https://www.dot.state.mn.us/ada/pdf/PROWAG.pdf
Page |24
ADA TRANISTION PLAN
Appendix G – Glossary of Terms
ABA:See Architectural Barriers Act.
ADA:See Americans with Disabilities Act.
ADA Transition Plan:Mn/DOT’s transportation system plan that identifies accessibility needs,
the process to fully integrate accessibility improvements into the Statewide Transportation
Improvement Program (STIP), and ensures all transportation facilities, services, programs, and
activities are accessible to all individuals.
ADAAG: See Americans with Disabilities Act Accessibility Guidelines.
Accessible:A facility that provides access to people with disabilities using the design
requirements of the ADA.
Accessible Pedestrian Signal (APS): A device that communicates information about the WALK
phase in audible and vibrotactile formats.
Alteration: A change to a facility in the public right-of-way that affects or could affect access,
circulation, or use. An alteration must not decrease or have the effect of decreasing the
accessibility of a facility or an accessible connection to an adjacent building or site.
Americans with Disabilities Act (ADA):The Americans with Disabilities Act; Civil rights
legislation passed in 1990 and effective July 1992. The ADA sets design guidelines for
accessibility to public facilities, including sidewalks and trails, by individuals with disabilities.
Americans with Disabilities Act Accessibility Guidelines (ADAAG): contains scoping and
technical requirements for accessibility to buildings and public facilities by individuals with
disabilities under the Americans with Disabilities Act (ADA) of 1990.
APS:See Accessible Pedestrian Signal.
Architectural Barriers Act (ABA):Federal law that requires facilities designed, built, altered or
leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first
efforts to ensure access to the built environment.
Capital Improvement Program (CIP): The CIP for the Transportation Department includes an
annual capital budget and a five-year plan for funding the new construction and reconstruction
projects on the county’s transportation system.
Page |25
ADA TRANISTION PLAN
Detectable Warning: A surface feature of truncated domes, built in or applied to the walking
surface to indicate an upcoming change from pedestrian to vehicular way.
Federal Highway Administration (FHWA): A branch of the US Department of Transportation
that administers the federal-aid Highway Program, providing financial assistance to states to
construct and improve highways, urban and rural roads, and bridges.
FHWA: See Federal Highway Administration
Pedestrian Access Route (PAR):A continuous and unobstructed walkway within a pedestrian
circulation path that provides accessibility.
Pedestrian Circulation Route (PCR): A prepared exterior or interior way of passage provided for
pedestrian travel.
PROWAG: An acronym for the Guidelines for Accessible Public Rights-of-Way issued in 2005 by
the U. S. Access Board. This guidance addresses roadway design practices, slope, and terrain
related to pedestrian access to walkways and streets, including crosswalks, curb ramps, street
furnishings, pedestrian signals, parking, and other components of public rights-of-way.
Right of Way: A general term denoting land, property, or interest therein, usually in a strip,
acquired for the network of streets, sidewalks, and trails creating public pedestrian access
within a public entity’s jurisdictional limits.
Section 504: The section of the Rehabilitation Act that prohibits discrimination by any program
or activity conducted by the federal government.
Uniform Accessibility Standards (UFAS): Accessibility standards that all federal agencies are
required to meet; includes scoping and technical specifications.
United States Access Board: An independent federal agency that develops and maintains
design criteria for buildings and other improvements, transit vehicles, telecommunications
equipment, and electronic and information technology. It also enforces accessibility standards
that cover federally funded facilities.
United States Department of Justice (DOJ): The United States Department of Justice (often
referred to as the Justice Department or DOJ), is the United States federal executive
department responsible for the enforcement of the law and administration of justice.
I:\RFA\P&R\Pool and Civic Center Pk Projects\2020\Change Orders\Theater Change Order 4 - 6.22.20\Q&R - Theater Change Order No. 4.docx
Request for Action
June 22, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: Parks & Recreation
By: Susan Rader, Director
Agenda Title
Resolution approving change order no. 4 with American Liberty Construction, Inc. for the theater
construction project (Improvement Project No. 941)
Requested Action
Staff requests that the City Council approve change order no. 4 to the contract for the theater construction
project (improvement project no. 941) in the amount of $6,443.75. The Council reviewed the change order at
the June 15, 2020 work session.
Policy/Past Practice
The City Council considers change orders when unforeseen circumstances arise or changes are recommended
for a city project.
Background
The City Council awarded a construction contract to American Liberty Construction, Inc. at the March 25,
2019 council meeting in the amount of $1,478,790.42. Stantec Engineers are providing oversight and regular
construction updates are being presented to Council.
Since the start of the project, the following change orders have been approved:
Change Order Date Item Amount
Change Order #1 –
5/28/19
Risk Insurance, Proposal Request 1 $993.48
Change Order #2 –
11/25/19
Revise the substantial completion date to May 15, 2020 and revise the
final completion date to June 12, 2020.
$0.00
Change Order #3 –
5/26/20
Install an irrigation system and sod to the high traffic areas of the
theater site at no cost, in lieu of a 1-year plan establishment period for
watering and establishing turf; Revise the substantial completion date
to June 15, 2020 and to revise the final completion date to July 15, 2020.
$0.00
On June 12, 2020, Stantec received a letter from American Liberty requesting to place the 12” high free-
standing concrete curb that was originally part of the Green Project. They requested they perform this work
due to progress and timing issues, and the work will be done at the same unit price as the Green Project,
totaling $7,693.75. The 12” high free-standing concrete curb will be deleted from the scope of work under the
Green Project.
Previously, staff and the engineer discussed deleting the staining of wood beams and wood roof decking
above the theater stage, as the color of the natural wood was preferred. A deduct of $1,250 will be provided
for deleting the staining.
Agenda Section
Consent
Item Number
6.7
Request for Action, Page 2
At the June 15, 2020 work session, city engineer Boyum was present for a monthly update and discussed change
order no. 4.
The theater change order includes the addition, as follows:
12” curb wall 7,693.75 Add
Delete staining of theater beams and
decking
1,250.00 Deduct
Total Theater Change Order No. 4 $6,443.75 Add
The change order will increase the contract amount from $1,479,783.90 to $1,486,227.65. The curb work will be
deleted from the Green Project. Staff recommends approval of the resolution approving the change order.
Attachments
Resolution
June 16, 2020 Stantec Engineers Letter and Change Order No. 4
City of New Hope
Resolution No. 2020 -
Resolution approving change order no. 4 with American Liberty Construction, Inc.
for the theater construction project (Improvement Project No. 941)
WHEREAS, the city has received the request for change order no. 4 from Stantec Consulting Services for
American Liberty Construction, Inc. relating to the contract for the theater construction project
(Improvement Project No. 941); and
WHEREAS, the items in change order no. 4 are to install place a 12” high free-standing concrete curb that
was originally part of the Green Project and delete staining the wood beams and wood roof
decking above the theater stage; and
WHEREAS, the City Council reviewed the items in change order no. 4 with city engineer Dan Boyum at the
June 15, 2020 work session and directed staff to place the change order on the June 22, 2020
council agenda for formal action; and
WHEREAS, the original contract with American Liberty Construction, Inc. was in the amount of
$1,478,790.42 and the Stantec budget included a $321,824.98 contingency; and
WHEREAS, change order no. 1 increased the contract amount to $1,479,783.90 and the construction
contingency was reduced to $309,213.50; and
WHEREAS, change order no. 2 did not increase the contract, so the contract amount remained at
$1,479,783.90; and
WHEREAS, change order no. 3 did not include a cost increase, so the contract amount remained at
$1,479,783.90; and
WHEREAS, change order no. 4 increases the contract amount to $1,486,227.65; and
WHEREAS, the curb installation amount of $7,693.75 will be deducted from the Green Project contract, so
there is no impact to the contingency balance; and
WHEREAS, Stantec Consulting Services and staff recommend approval of the change order.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope that change order no. 4 to
American Liberty Construction, Inc. contract is approved and that all other respects of the
contract shall remain in full force and effect according to its terms.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 22nd day of June,
2020.
______________________________
Mayor
Attest: ________________________
City Clerk
Stantec Consulting Services Inc.
733 Marquette Avenue, Suite 1000
Minneapolis, MN 55402
June 16, 2020
File:193804338
Attention: Susan Rader
Director of Parks and Recreation
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Reference: Change Order No. 4 – New Hope Outdoor Theater
City Project No: 941
Dear Susan,
The above referenced change order was discussed at the June 15, 2020 City Council Work
Session. On June 12, 2020, Stantec received correspondence from American Liberty requesting to
place the 12” high free-standing concrete curb that was originally part of the Green Project. They
requested they perform this work due to progress and timing issues, and the work will be done at
the same unit price as the Green Project, totaling $7,693.75. The 12” high free-standing concrete
curb will be deleted from the scope of work under the Green Project.
Previously, the City discussed deleting the staining of wood beams and wood roof decking above
the theater stage. Staff liked the look of the natural wood color in those locations. Sealing of the
wood was still performed. American Liberty submitted correspondence dated May 21, 2020
related to providing a deduct of $1,250.00 for deleting the staining.
We recommend approval of the work described above and included in Change Order No. 4 in
the amount of $7,693.75 (Add) - $1,250.00 (Deduct) = $6,443.75 (Add). If you have any questions
or require further information, please call me at (612) 712-2021.
Sincerely,
STANTEC CONSULTING SERVICES INC.
Dan D. Boyum, P.E.
Attachments: New Hope Outdoor Theater – Change Order No. 4 and attachments
CC: Kirk McDonald, Valorie Leone, Jeff Sargent, Bernie Weber – New Hope; Stacy Woods and
Steve Sondrall – City Attorney; Bruce Paulson, Lucas Miller – Stantec.
I:\RFA\COMM DEV\2020\City Council\6-22-20 Gagnon Garage Variance\Q- Gagnon Garage Variance.docx
Request for Action
June 22, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: Community Development
By: Brandon Bell, Community Development Assistant
& Jeff Sargent Community Development Director
Agenda Title
Resolution approving variance to setback requirement, 7821 44th Avenue North (New Hope Planning Case
20-05)
Requested Action
Staff requests the City Council approve a resolution approving Planning Case 20-05, a request for a 5-foot
rear setback variance in order to accommodate the construction of a detached garage in the R-1 District.
Policy/Past Practice
The City Council has approved variance requests in the past, if the proposals comply with the requirements
of the Zoning Code.
Background
Seth Gagnon is interested in tearing down his existing two-car detached garage in order to make room for a
new larger detached garage. The applicant has indicated that the current garage has significant structural
issues and needs to be replaced. The owner would like to make the new garage larger than the existing garage
in order to improve the amount of storage space. The new garage woul d be able to hold three vehicles. The
current detached garage has a 6-foot setback from the rear property line, and is considered a legally
nonconforming structure. The proposed new garage would require a 5-foot setback. The table below provides
a summary of the request:
Setbacks:
Required Existing Proposed
Rear Yard 10 feet 6 feet 5 feet
There is uniqueness to the applicant’s corner lot, with a gradual curvature to the corner of the property rather
than a 90-degree intersection, which limits the location of where a new garage could safely be placed. The
proposed location of the new garage is consistent with the historic use of the property.
For more information please refer to the staff and consultant reports included in the June 2, 2020, Planning
Commission packet, which was previously distributed.
Recommendation
The Planning Commission considered the request for a 5-foot rear yard setback variance at its June 2, 2020,
meeting and recommended approval with an 8-0 vote, subject to the following conditions:
1. No business or home occupation shall be conducted in or around the garage.
2. The garage shall not be used as a livings quarters either temporary or permanent.
Agenda Section
Development &
Planning
Item Number
8.1
Request for Action, Page 2
3. The area around the garage shall be seeded or sodded prior to being issued a certificate of
occupancy.
Attachment
Resolution
Planning Commission Minutes of June 3, 2020
1
RESOLUTION NO. 2020-___
RESOLUTION APPROVING VARIANCE TO SETBACK
REQUIREMENT – 7821 44TH AVENUE NORTH
(New Hope Planning Case 20-05)
BE IT RESOLVED by the City Council as follows:
WHEREAS, Applicant, Seth Gagnon, is the owner of the real property located at 7821 44th
Avenue North, New Hope, and legally described as “Lot 5, Block 1, Van’s Terrace, Hennepin
County, Minnesota” (the “Property”) and desires to replace the existing two-car detached garage with
a new three-car detached garage; and
WHEREAS, the current garage is setback 6 feet from the rear yard property line and is
classified as legally non-conforming;
WHEREAS, the proposed detached garage that would replace the existing detached garage
would be setback 5 feet from the rear yard property line and, therefore, requires a variance from the
setback requirement of 10 feet as set forth in Section 4-3(b)(6)a of the City Code;
WHEREAS, the Property is zoned R-1 Single-Family Residential District;
WHEREAS, Applicant has petitioned the City as part of New Hope Planning Case 20-05 for
a variance relating to rear yard setback requirement;
WHEREAS, pursuant to New Hope Code §4-36, a variance may be granted when it is in
harmony with the general purpose and intent of the zoning code, is consistent with the
comprehensive plan and the applicant for the variance establishes there are practical difficulties in
complying with the City’s zoning code;
WHEREAS, Planning Case Report dated May 26, 2020, identifies how the above standards
have all been met, and is incorporated herein;
WHEREAS, the Planning Commission held a public hearing and considered the matter at its
meeting on June 2, 2020, and recommended the City Council approve the request with conditions;
and
WHEREAS, the City Council held a public hearing and has considered Planning Case 20-05
for the requests at its meeting of June 22, 2020.
2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope
that Applicant’s request for variance to the rear yard setback requirement submitted as Planning Case
20-05 is hereby approved subject to the following conditions:
1. No business or home occupation shall be conducted in or around the garage.
2. The garage shall not be used as living quarters, either on a temporary or permanent basis.
3. The area around the garage shall be seeded or sodded prior to the issuance of a certificate of
occupancy.
Dated the 22nd day of June, 2020.
____________________________________
Kathi Hemken, Mayor
Attest: __________________________
Valerie Leone, City Clerk
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-22005 Variance for Garage 7821 44th Ave N\Resolution approving Variance.docx
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES June 2, 2020
City Hall, 7:00 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chair Schmidt called the meeting to order at
7:00 p.m. Due to the COVID-19 pandemic, this meeting was conducted
virtually using the Webex video media platform.
ROLL CALL Present: Scott Clark, Jim Brinkman, Matt Mannix, Chris Hanson,
Tom Schmidt, Roger Landy, Bill Smith, Matt Korkowski,
Michael Redden
Absent: None
Also Present: Jeff Sargent, Director of Community Development; Jeff
Alger, Community Development Specialist; Brandon Bell,
Community Development Assistant; Stacy Woods,
Assistant City Attorney; Al Brixius, Planning Consultant;
Dan Boyum, City Engineer; Kathi Hemken, Mayor; Jessi
Weber, Recording Secretary
NEW BUSINESS Staff discussion pertaining to new chair appointments. The Planning
Commission elected the following: Commissioner Clark, Chair;
Commissioner Smith, Vice Chair; Commissioner Hanson, Third
Officer.
PUBLIC HEARING
Planning Case 20-05
Item 4.1
Chair Clark introduced Item 4.1, Planning Case 20-05, a 5-foot rear yard
setback variance to accommodate the construction of the proposed
garage, 7821 44th Avenue North, Seth Gagnon, petitioner.
Mr. Brandon Bell, Community Development Assistant, gave
background information on the case. The applicant is interested in
tearing down an existing two-car detached garage in order to
accommodate a new three-car detached garage. The applicant has
indicated that the current garage has structural issues and needs to be
replaced.
Bell then reviewed the zoning for the property. The existing garage has
a six-foot rear yard setback and is considered a legally non-conforming
structure. The proposed garage would require a 5-foot variance for the
rear yard setback. The required rear yard setback in the R-1 District is
ten feet. The proposed new garage would have a setback of five feet from
the rear property line, requiring a five-foot rear yard setback variance.
Next, Bell reviewed the variance standards per New Hope City Code.
Staff has determined the request meets these standards, as the new
garage would be a reasonable use of the land.
Bell concluded that proper legal notice and mailing notice were given.
Staff did receive a letter in support of the garage variance from the
2
Planning Commission Meeting June 2, 2020
neighbor residing at 322 Winnetka Avenue North. This neighbor would
be the most affected by the garage variance. Staff recommended
approval of the case.
When Chair Clark questioned whether any of the Commissioners had
any questions for staff, Commissioner Brinkman asked what the garage
size is. Bell replied the current garage is a detached two -car garage and
the proposed garage is a detached three-car garage. Commissioner
Brinkman asked if there were garage doors for each stall. The applicant,
Seth Gagnon, replied there is a 10-foot wide single garage door on the
south end. There will be an 18-foot wide double garage door to the north
of the single garage door. Then a service door will be north of the double
garage door. Commissioner Brinkman asked what the height of garage
would be. Mr. Gagnon stated the current garage height is 14 feet, 11
inches in height. He did not have the proposed garage height, but it
would be slightly taller than the current garage.
Commissioner Redden asked for confirmation that the letter received
was in support of the garage variance. Commissioner Clark replied that
is was in support.
Commissioner Clark asked Mr. Gagnon if he was in agreement with all
the conditions that were given. Mr. Gagnon replied he did agree with
the conditions.
Motion by Commissioner Landy, seconded by Commissioner
Brinkman, to open the Public Hearing. All present voted in favor.
Motion carried.
No one from the audience wished to speak.
Motion by Commissioner Landy, seconded by Commissioner
Brinkman, to close the Public Hearing. All present voted in favor.
Motion carried.
Commissioner Smith asked what the concrete to green space ratio was
with the proposed garage. Mr. Gagnon replied the amount of concrete
added would only be 2-4 feet. There is already an existing concrete pad
next to the garage, so the proposed garage would not be adding much
more concrete to the property.
Chair Clark asked how much the nonconformity would be for the
proposed garage. Mr. Bell replied it would be 1 foot when compared to
the existing garage.
3
Planning Commission Meeting June 2, 2020
Motion
Item 4.1
Motion by Commissioner Landy, seconded by Commissioner Schmidt,
to approve Planning Case 20-05, a 5-foot rear yard setback variance to
accommodate the construction of the proposed garage, 7821 44th Avenue
North, Seth Gagnon, petitioner, with the following conditions:
1. No business or home occupation shall be conducted in or
around the garage.
2. The garage shall not be used as a living quarters, either
temporary or permanent.
3. The area around the garage shall be seeded or sodded prior to
the issuing of a certificate of occupancy.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski, Redden
Voting against: None
Absent: None
Motion approved 9-0
Chair Clark stated the case will be brought to the June 22, 2020 City
Council meeting.
PUBLIC HEARING
Planning Case 20-06
Item 4.2
Chair Clark introduced Item 4.2, Planning Case 20-06, Conditional Use
Permit (CUP), site plan review, and two variances to allow for a 15,000
square foot expansion of warehouse located at 3101 Louisiana Avenue
North, Furniture Industries, petitioner.
Mr. Jeff Alger, Community Development Specialist, gave background
information on the case. Furniture Industries submitted an application for
a 15,000 square foot expansion to their existing building to allow for
additional office and warehouse space. The business is growing and in
need of the additional space to continue operations in New Hope. The
CUP would allow for a placement of a loading bay fronting a public street.
The variances would allow for a reduction of the rear yard setback
requirement for the principal building and a reduction to the required
curb cut setback from the public street at the intersection of Louisiana and
31st avenues.
Next, Alger reviewed the zoning for the case. The existing building does
not meet the required front yard setback of 30 feet. This is an existing legal
non-conforming condition that would not be expanded upon as part of
the proposed project. The proposed expansion would enlarge the
building to the west, placing the footprint 10 feet from the rear yard
property line. City Code requires a 30-foot rear yard setback, thus
necessitation of a variance. The property abuts a wetland on an industrial-
zoned property to the west. The wetland serves as a buffer between the
two properties.
The proposed expansion indicates 52 parking stalls, including two
disability stalls, which exceeds the minimum requirement of 47 parking
stalls. Landscaping is required at the perimeter to screen headlights. The
applicant is proposing to move and enlarge the existing curb cut along
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Planning Commission Meeting June 2, 2020
31st Avenue North to the west. The proposed curb cut is shown at a width
of 32 feet. The applicant is also proposing a new 24-foot-wide curb cut for
the new parking area at the southwest corner of the parcel. A variance is
required to allow for a reduction to the required curb cut setback from the
public street intersection. The applicant is proposing a 25-foot setback,
whereas a 40-foot setback is required.
The industrial zoning district allows for a maximum of 80% impervious
surface coverage. The applicant’s code review indicates the site will be at
78.5% impervious surface coverage after completion of the project. The
building expansion would involve the construction of two new loading
bays. This meets the city’s requirements for number of loading bays;
however, a CUP is required to allow loading bays in a side yard abutting
a public street.
The plans indicate the property will be regraded and a paved access to the
existing overhead garage door on the north side will be installed. The
application has provided a letter from the property owner at 3109
Louisiana Avenue North granting permission to access the garage door
on a temporary basis from their property. The trash enclosure,
landscaping, snow storage, and lighting all meet city requirements. The
applicant must work with the city engineer for grading and drainage with
the abutting wetland and ensure storm water will not damage the
wetland.
Alger concluded that proper legal notice and mailing notice were given.
Staff did hear from one resident who expressed concern about the size
of the project and plans to speak at the public hearing. Staff
recommended that the Planning Commission conduct a public hearing
and approve a site plan review for the expansion of the building located
3101 Louisiana Avenue North. Staff also recommend ed approval of a
CUP allowing for the placement of a loading bay fronting a public street
and two variances allowing for the reduction of the rear yard setback
requirement for the principal building, and a reduction to the required
curb cut setback from the public street at the intersection of Louisiana
and 31st avenues.
When Chair Clark questioned whether any of the Commissioners had any
questions for staff, he first asked for clarification that there were two bay
areas and one overhead door. Mr. Alger replied there were two loading
pays and no overhead doors. The architect for the applicant, Jerry
Anderson, stated when the drive entrance was narrowed, it eliminated 3
parking stalls in order to open up turning lanes for semi-trucks. The third
loading bay was eliminated, but an overhead door remained. The door
will be used for the trash removal/pickups and for mail to be delivered.
Chair Clark thanked the applicant for working with city staff in making
adjustments on the plans. Chair Clark asked how things were progressing
with the Basset Creek Watershed District regarding their proposed plans.
Dan Boyum, city engineer, added that the impervious surface noted on
the proposed plans did not trigger an official watershed review. There is
no wetland buffer that is being required, but a wetland delineation is
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Planning Commission Meeting June 2, 2020
being addressed with the applicant and Stantec. Chair Clark then asked
for clarification on the percentage of impervious surface. Mr. Alger
clarified the percentage was at 78.5%.
Commissioner Landy asked if Dan Boyum was comfortable with the
direction the storm water plans were going. Mr. Boyum stated things
were moving the right direction with the plans. Commissioner Landy
asked the applicant if they were comfortable with the conditions listed.
Mr. Anderson stated they were comfortable with the conditions. They
noticed an additional condition was added to the list regarding the
maintenance of the storm water, and they were comfortable with that.
Stacy Woods, City Attorney, added that she would draft the storm water
maintenance agreement for all parties to sign.
Commissioner Schmidt asked if the email received was in support of the
variance request and if it could be read aloud for the record to be included
in the public hearing. Chair Clark read the email from Jeff Freeman for the
Planning Commission. Mr. Freeman expressed concern the building
expansion would result in an increase in truck traffic, noise, and the
removal of green space.
Motion by Commissioner Landy, seconded by Commissioner Mannix,
to open the Public Hearing. All present voted in favor. Motion carried.
Stan Matthews, 3016 Louisiana Ave N, Crystal, called in regarding his
concerns about the parking lot and removal of the green space
potentially leading to an increase in traffic noise. Mr. Matthews also had
concerns with the noise generated from equipment for snow removal,
as that often happens during the night. Mr. Matthews questioned how
the buffer will be created with such a small space between the building
and wetland, and asked for clarification on the location of the loading
docks. Mr. Alger responded the loading docks are on the south side
coming in off 31st Avenue North. The loading area will be located in the
existing parking lot and the proposed new parking lot will be for
passenger vehicles only.
Pat Bowman, 3032 Louisiana Avenue North, Crystal expressed her
opposition to the expansion of the parking lot. Her concern is an increase
in activity noise and the overall look will be less like a neighborhood.
Kathi Hemken, Mayor, asked the applicant if jobs would be created as a
result of the expansion. David Fystrom, architect, stated seven new
warehouse jobs will be created. With the current Covid-19 concerns,
staff is working from home and the company will likely continue to have
staff work remotely. He anticipates that not all the parking spaces will
be used.
Motion by Commissioner Landy, seconded by Commissioner Redden,
to close the Public Hearing. All present voted in favor. Motion carried.
Chair Clark asked the applicant about the functional need for parking
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Planning Commission Meeting June 2, 2020
vs. the zoning requirement for parking. Mr. Anderson stated that the 11
outside stalls facing Louisiana A venue could be considered proof-of-
parking in that not all required parking stalls would actually be needed.
The boulevard could be kept intact in that area with no parking lot
lights. If those stalls were needed in the future, the stalls would be
available. Commissioner Clark agreed that the proof-of-parking idea
might act as a viable solution. Jeff Sargent, Community Development
Director, stated the proof-of-parking could preserve green space and
address some of the concerns from the neighbors. Al Brixius, City
Planner, contributed that adding the proof-of-parking as a condition of
approval would eliminate the need for an additional public hearing at a
later time. Ms. Woods agreed that adding the proof-of-parking and
storm water maintenance agreement as conditions of approval would
all be included with the current public hearing.
Mr. Anderson contributed that there are very few over the road semi-
trucks that enter the site. The bulk of the traffic on site will be step vans,
UPS vehicles, USPS vehicles.
Commissioner Brinkman thanked Mr. Anderson for clarifying that
semi-trucks are not entering the site.
Motion
Item 4.2
Motion by Commissioner Landy, seconded by Commissioner Brinkman,
to approve Planning Case 20-06, Conditional Use Permit (CUP), site plan
review, and two variances to allow for a 15,000 square foot expansion of
warehouse located at 3101 Louisiana Avenue North, Furniture Industries,
petitioner, with the following conditions, plus the two additional
conditions, #7 and #8:
1. Any outdoor mechanical equipment shall be identified on
building plans and shall meet screening requirements specified
in Section 4-3(b)(5)c. of the City Code.
2. With the exception of trash pickup day, trash-handling
equipment shall be stored inside principal building.
3. Landscaping along south property line adjacent to parking lot
shall be spread out for entire length of parking lot.
4. Tree preservation plan shall be submitted in order to ensure five
trees on west side of the property will survive impact of
construction. Replacement plan shall be submitted if trees do
not survive.
5. Grading, drainage, storm water management, and wetland
delineation, protection, and restoration plans shall be subject
to review and final approval by the City Engineer and Storm
water Specialist.
6. Applicant shall provide record plans or as -built drawings to
the city following project completion.
7. Applicant shall enter into a storm water maintenance and
easement agreement with the City to be prepared by the city
attorney.
8. A restrictive covenant shall be recorded against the property
that mandates the construction of the proof of parking for 11
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Planning Commission Meeting June 2, 2020
additional parking stalls facing Louisiana Avenue North if
the city finds that the demand for on-site parking exceeds the
available supply. This covenant will also preserve the proof
of parking areas from any other type of construction.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski, Redden
Voting against: None
Absent: None
Motion approved 9-0
Chair Schmidt stated the case will be brought to the June 22, 2020 City
Council meeting.
COMMITTEE REPORTS
Design and Review
Committee
Item 5.1
The next potential meeting is on June 18, 2020. There are two people
attending the pre-application meeting. Staff will be informed either way
if the meeting will happen or will be cancelled.
Codes and Standards
Committee
Item 5.2
There currently is no meeting scheduled.
NEW BUSINESS
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Landy, seconded by Commissioner Redden, to
approve the Planning Commission minutes of January 7, 2020. Motion
carried.
ANNOUNCEMENTS Commissioner Landy thanked Commissioner Schmidt for leading the
Planning Commission over the last three years.
Chair Clark asked on the status of the distillery that came through the
Planning Commission in January. Mr. Sargent provided an update that
they are still moving forward as planned.
Commissioner Brinkman asked for the next meeting to have a map of the
subject property available during the presentation. Mr. Sargent replied
that would happen for future meetings.
Commissioner Landy stated he would attend the June 18th Design &
Review meeting if Commissioner Redden was unable to attend.
Commissioner Redden stated he was planning to attend the June 18th
meeting.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:18
p.m.
Respectfully submitted,
8
Planning Commission Meeting June 2, 2020
Jessi Weber, Community Development
Administrative Specialist
I:\RFA\COMM DEV\2020\City Council\06-22-20 Furniture Industries\Q - PC 20-06 Furniture Industries CUP & Variances 06-22-20.docx
Request for Action
June 22, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: Community Development
By: Jeff Alger, Community Development Specialist;
Jeff Sargent, Director of Community Development
Agenda Title
Resolution approving Conditional Use Permit, site plan review and variances for Furniture Industries, Inc.
at 3101 Louisiana Avenue North (New Hope Planning Case 20-06)
Requested Action
Staff requests that the City Council approve a resolution approving a site plan review for the expansion of the
building located 3101 Louisiana Avenue North, a Conditional Use Permit allowing for the placement of a
loading bay fronting a public street, and two variances allowing for the reduction of the rear yard setback
requirement for the principal building and a reduction to the required curb cut setback from the public street
at the intersection of Louisiana and 31st avenues. As directed by the Planning Commission, 11 east-facing
parking stalls in the lot abutting Louisiana Avenue North have been removed from the site plan and are
shown as a proof of parking area, only to be constructed if it is determined that the demand for on-site parking
exceeds the available supply.
Policy/Past Practice
The City Council has approved site plan review, variance, and Conditional Use Permit requests in the past if
the proposals comply with the requirements of the zoning code.
Background
Furniture Industries Inc. submitted an application for a site plan review for an expansion of the building
located at 3101 Louisiana Avenue North. The 15,000-square foot expansion would enlarge the existing
building to the west to allow for additional office and warehouse space. The business is growing and in need
of the additional space in order to continue operating in New Hope. The addition would result in seven new
jobs in the city. The property is located on a 2.01-acre lot in the Industrial zoning district. The applicant is
requesting approval of a Conditional Use Permit (CUP) and two variances. The CUP would allow for the
placement of a loading bay fronting a public street, off 31st Avenue North. The variances would allow for a
reduction of the rear yard setback requirement for the principal building and a reduction to the required curb
cut setback from the public street at the intersection of Louisiana and 31st avenues.
Prior to the public hearing at the June 2, 2020, Planning Commi ssion meeting, staff received an email from a
neighboring property owner who expressed concerns about additional truck traffic and noise and the
reduction of greenspace associated with the proposal. It was read at the meeting but not included as an
attachment as it was received on the day of the meeting. It is included as an attachment with this report.
Additionally, two neighbors spoke at the public hearing, also expressing concerns about the size of the project
and the new parking lot proposed at the southeast corner of the parcel, adjacent to residential properties. As
a result, the applicant proposed reducing the amount of parking in that lot from 22 stalls to 11 stalls. All east-
facing parking stalls (toward residential properties) were removed from the plans and the applicant’s request
has been amended to include a CUP for a deferment of required parking. The lot would still be fully screened
with landscaping to the east. The deferment allows for a reduction in the number of parking stalls added to
the site, provided the lower level of demand can be documented and additional stalls can be constructed, if
Agenda Section
Development &
Planning
Item Number
8.2
Request for Action, Page 2
needed. Removing the 11 stalls reduces the total number of stalls proposed from 52 to 41. With the proposed
expansion, the zoning code requires a minimum of 47 parking stalls. According to the applicant, many
employees of the business work from home and it is believed that 41 stalls will be sufficient for operations. If
it is determined that additional parking is needed, the business will be required to build stalls in the proof of
parking area.
Recommendation
The Planning Commission considered the request for a site plan review for the expansion of the building
located 3101 Louisiana Avenue North and recommended approval of a CUP allowing for the placement of a
loading bay fronting a public street and two variances allowing for the reduction of the rear yard setback
requirement for the principal building and a reduction to the required curb cut setback from the public
street at the intersection of Louisiana and 31st avenues with a 9-0 vote, subject to the following conditions:
1. Any outdoor mechanical equipment shall be identified on building plans and shall meet screening
requirements specified in Section 4-3(b)(5)c. of the City Code.
2. With the exception of trash pickup day, trash-handling equipment shall be stored inside principal
building.
3. Landscaping along south property line adjacent to parking lot shall be spread out for entire length of
parking lot.
4. Tree preservation plan shall be submitted in order to ensure five trees on west side of the property
will survive impact of construction. Replacement plan shall be submitted if trees do not survive.
5. Grading, drainage, stormwater management, and wetland delineation, protection, and restoration
plans shall be subject to review and final approval by the city engineer and stormwater specialist.
6. Applicant shall provide record plans or as-built drawings to the city following project completion.
7. A restrictive covenant shall be recorded against the property that mandates the construction of the
proof of parking for 11 additional parking stalls facing Louisiana Avenue North if the city finds that
the demand for on-site parking exceeds the available supply. This covenant will also preserve the
proof of parking areas from any other type of construction.
8. Applicant shall enter into a stormwater maintenance and easement agreement with the city to be
prepared by the city attorney.
9. The Conditional Use Permit, Restrictive Covenant, and Stormwater Maintenance and Easement
Agreement shall be recorded against the Property in the Office of the County Recorder for Hennepin
County.
The city attorney recommended adding the 9th condition of approval relating to recording documents with
the county. The resolution includes a second CUP, for the deferment of required parking. The applicant has
submitted a revised site plan illustrating the proof of parking area.
For more information please refer to the staff and consultant reports included in the June 2, 2020, Planning
Commission packet, which was previously distributed.
Attachments
Resolution
Revised site plan
Email from Jeffrey Freeman (June 2, 2020)
Planning Commission minutes (June 2, 2020)
1
RESOLUTION NO. 2020-
RESOLUTION APPROVING CONDITIONAL USE PERMIT,
SITE PLAN REVIEW AND VARIANCES FOR
FURNITURE INDUSTRIES, INC. AT 3101 LOUISIANA AVENUE NORTH
(New Hope Planning Case 20-06)
BE IT RESOLVED by the City Council of the City of New Hope as follows:
WHEREAS, Mitchell H. Gensler, Steven L. Gensler, Charlotte Gensler Labofsky and
Arnold J. Labofsky, Trustees of The Charlotte Gensler Labofsky Revocable Trust Effective
January 15, 2007 (“Owner”) is the owner of the real property located at 3101 Louisiana Avenue
North, New Hope, Minnesota, property identification number 20-118-21-31-0018 and legally
described as “Lot 2, Block 1, Johnson St. Croix Addition, Hennepin County, Minnesota”
(“Property”) where Furniture Industries, Inc. (“Applicant”) operates its business;
WHEREAS, Applicant has submitted an application as a part of Planning Case 20-06
relating to a building expansion project, seeking: (1) a conditional use permit for the placement of
a loading bay fronting a public street; (2) site plan review; and (3) variances to allow for reduction
of rear yard setback requirement for the principal building and reduction to the required curb cut
setback from the public street;
WHEREAS, the Property is located in the I – Industrial District;
WHEREAS, based on the City Staff Planning Case Report dated May 29, 2020, this
Resolution incorporates the findings set forth therein; and
WHEREAS, pursuant to New Hope City Code §4-33, the proposed action is consistent
with the City’s Comprehensive Plan for this area of the City, conforms with the applicable
performance standards contained in the Code, results in no depreciation in value, and meets the
criteria specified in the I District; and
WHEREAS, said conditional use permit is in all respects consistent with the City’s Zoning
Code and the regulations and laws of the State of Minnesota and meets the criteria required in New
Hope City Code §4-33 as set forth above; and
WHEREAS, pursuant to New Hope City Code §4-36, a variance may be granted when it
is in harmony with the general purpose and intent of the zoning code, is consistent with the City’s
Comprehensive Plan for this area of the City and the applicant for the variance establishes that
there are practical difficulties in complying with the City’s Zoning Code; and
WHEREAS, Applicant/Owner proposes to use the Property in a reasonable manner not
permitted by the City’s Zoning Code;
2
WHEREAS, the plight of the Applicant/Owner is due to circumstances unique to the
Property under consideration and not created by the Owner because the configuration of the
existing building and minimum parking requirements necessitate the installation of a second
parking lot;
WHEREAS, the building expansion will enable Applicant to continue its business on the
Property, fully utilize the Property and meet the business’ operational needs, all of which are
supported by the City;
WHEREAS, the variances will not alter the essential character of the locality or permit a
use not allowed within the I District;
WHEREAS, the variances will not impair an adequate supply of light and air to adjacent
properties, or substantially increase the congestion of the public streets, or increase the danger of
fire or engender public safety;
WHEREAS, the Planning Commission held a public hearing and considered the matter at
its meeting on June 2, 2020; and
WHEREAS, the Planning Commission, after a complete review of the issues involved,
recommended the City Council approves the requests with conditions; and
WHEREAS, the City Council has considered the requests at its meeting of June 22, 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope
that the requests for conditional use permit to allow the placement of a loading bay fronting a
public street, site plan approval and two variances allowing for the reduction of the rear yard
setback requirement for the principal building and a reduction to the required curb cut setback
from the public street at the intersection of Louisiana and 31st Avenues, as identified in New Hope
Planning Case 20-06, shall be approved subject to the following conditions:
1. Any outdoor mechanical equipment shall be identified on building plans and shall meet
screening requirements specified in Section 4-3(b)(5)c. of the City Code.
2. With the exception of trash pickup day, trash-handling equipment shall be stored inside
principal building.
3. Landscaping along south property line adjacent to parking lot shall be spread out for
entire length of parking lot.
4. Tree preservation plan shall be submitted in order to ensure five trees on west side of
the Property will survive impact of construction. Replacement plan shall be submitted
if trees do not survive.
3
5. Grading, drainage, stormwater management, and wetland delineation, protection, and
restoration plans shall be subject to review and final approval by the City Engineer and
Stormwater Specialist.
6. Applicant shall provide record plans or as-built drawings to the City following project
completion.
7. A restrictive covenant shall be recorded against the Property that mandates the
construction of the proof of parking for 11 additional parking stalls facing Louisiana
Avenue North if the City finds that the demand for on-site parking exceeds the available
supply. This covenant will also preserve the proof of parking areas from any other type
of construction.
8. Applicant shall enter into a stormwater maintenance and easement agreement with the
City to be prepared by the City Attorney.
9. The Conditional Use Permit, Restrictive Covenant and Stormwater Maintenance and
Easement Agreement shall be recorded against the Property in the Office of the County
Recorder for Hennepin County.
Dated the 22nd day of June, 2020.
____________________________________
Kathi Hemken, Mayor
Attest: ____________________________
Valerie Leone, City Clerk
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-22006 - Furniture Industries CUP, Variance\Resolution approving CUP, Site Plan,
Variances.docx
1
Jeff Alger
From:Jeff Sargent
Sent:Tuesday, June 2, 2020 3:13 PM
To:Jeff Alger; Bill Smith (bjsmith1427@yahoo.com); Christopher Hanson
(chris_r_hanson@hotmail.com); Jim Brinkman (brinkerjl21@yahoo.com); Matt
Korwkowski (mattkork@hotmail.com); Matt Mannix (Mannix2121@aol.com); Michael
Redden; 'rjlandy@aol.com'; Scott Clark (smclark5354@comcast.net); Tom Schmidt
(tomdar2@mac.com)
Subject:FW: Planning Case 20-06 PID #20-118-21-31-0018
Planning Commissioners,
Here is an email we just received regarding tonight’s meeting.
Jeff Sargent, EDFP
City of New Hope | Director of Community Development
4401 Xylon Ave N | New Hope, MN 55428
Office: 763.531.5196 | Fax: 763‐531‐5136
From: Jeffrey Freeman <jfree67@gmail.com>
Sent: Tuesday, June 2, 2020 3:08 PM
To: Jeff Sargent <jsargent@newhopemn.gov>
Cc: Jeffrey Freeman <jfree67@gmail.com>
Subject: Planning Case 20‐06 PID #20‐118‐21‐31‐0018
Good Afternoon,
I wanted to provide some feedback regarding the Planning Case 20-06, #20-118-21-31-0018. I'm unable to
make it to the meeting tonight. I live on the 3000 block of Louisiana Ave.
I truly appreciate the local businesses and think cities and communities should do all they can to attract and
keep businesses local. I've appreciated seeing that people are still employed at the business at the Louisiana
Distribution Center during the COVID-19 situation.
With that being said, I am worried about the increase in truck traffic, noise and the removal of green space. It is
my understanding the parking lot will be moved to the front of the building on Louisiana. That is concerning,
the green space at least makes the truck traffic and noise bearable. I hope the city and business owners might be
able to come up with an alternative solution which would allow them to expand at their current local but keep
the traffic down and the green space preserved.
If you have any questions or concerns, please do not hesitate to contact me.
Jeff Freeman
3
Planning Commission Meeting June 2, 2020
Motion
Item 4.1
Motion by Commissioner Landy, seconded by Commissioner Schmidt,
to approve Planning Case 20-05, a 5-foot rear yard setback variance to
accommodate the construction of the proposed garage, 7821 44th Avenue
North, Seth Gagnon, petitioner, with the following conditions:
1. No business or home occupation shall be conducted in or
around the garage.
2. The garage shall not be used as a living quarters, either
temporary or permanent.
3. The area around the garage shall be seeded or sodded prior to
the issuing of a certificate of occupancy.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski, Redden
Voting against: None
Absent: None
Motion approved 9-0
Chair Clark stated the case will be brought to the June 22, 2020 City
Council meeting.
PUBLIC HEARING
Planning Case 20-06
Item 4.2
Chair Clark introduced Item 4.2, Planning Case 20-06, Conditional Use
Permit (CUP), site plan review, and two variances to allow for a 15,000
square foot expansion of warehouse located at 3101 Louisiana Avenue
North, Furniture Industries, petitioner.
Mr. Jeff Alger, Community Development Specialist, gave background
information on the case. Furniture Industries submitted an application for
a 15,000 square foot expansion to their existing building to allow for
additional office and warehouse space. The business is growing and in
need of the additional space to continue operations in New Hope. The
CUP would allow for a placement of a loading bay fronting a public street.
The variances would allow for a reduction of the rear yard setback
requirement for the principal building and a reduction to the required
curb cut setback from the public street at the intersection of Louisiana and
31st avenues.
Next, Alger reviewed the zoning for the case. The existing building does
not meet the required front yard setback of 30 feet. This is an existing legal
non-conforming condition that would not be expanded upon as part of
the proposed project. The proposed expansion would enlarge the
building to the west, placing the footprint 10 feet from the rear yard
property line. City Code requires a 30-foot rear yard setback, thus
necessitation of a variance. The property abuts a wetland on an industrial-
zoned property to the west. The wetland serves as a buffer between the
two properties.
The proposed expansion indicates 52 parking stalls, including two
disability stalls, which exceeds the minimum requirement of 47 parking
stalls. Landscaping is required at the perimeter to screen headlights. The
applicant is proposing to move and enlarge the existing curb cut along
4
Planning Commission Meeting June 2, 2020
31st Avenue North to the west. The proposed curb cut is shown at a width
of 32 feet. The applicant is also proposing a new 24-foot-wide curb cut for
the new parking area at the southwest corner of the parcel. A variance is
required to allow for a reduction to the required curb cut setback from the
public street intersection. The applicant is proposing a 25-foot setback,
whereas a 40-foot setback is required.
The industrial zoning district allows for a maximum of 80% impervious
surface coverage. The applicant’s code review indicates the site will be at
78.5% impervious surface coverage after completion of the project. The
building expansion would involve the construction of two new loading
bays. This meets the city’s requirements for number of loading bays;
however, a CUP is required to allow loading bays in a side yard abutting
a public street.
The plans indicate the property will be regraded and a paved access to the
existing overhead garage door on the north side will be installed. The
application has provided a letter from the property owner at 3109
Louisiana Avenue North granting permission to access the garage door
on a temporary basis from their property. The trash enclosure,
landscaping, snow storage, and lighting all meet city requirements. The
applicant must work with the city engineer for grading and drainage with
the abutting wetland and ensure storm water will not damage the
wetland.
Alger concluded that proper legal notice and mailing notice were given.
Staff did hear from one resident who expressed concern about the size
of the project and plans to speak at the public hearing. Staff
recommended that the Planning Commission conduct a public hearing
and approve a site plan review for the expansion of the building located
3101 Louisiana Avenue North. Staff also recommend ed approval of a
CUP allowing for the placement of a loading bay fronting a public street
and two variances allowing for the reduction of the rear yard setback
requirement for the principal building, and a reduction to the required
curb cut setback from the public street at the intersection of Louisiana
and 31st avenues.
When Chair Clark questioned whether any of the Commissioners had any
questions for staff, he first asked for clarification that there were two bay
areas and one overhead door. Mr. Alger replied there were two loading
pays and no overhead doors. The architect for the applicant, Jerry
Anderson, stated when the drive entrance was narrowed, it eliminated 3
parking stalls in order to open up turning lanes for semi-trucks. The third
loading bay was eliminated, but an overhead door remained. The door
will be used for the trash removal/pickups and for mail to be delivered.
Chair Clark thanked the applicant for working with city staff in making
adjustments on the plans. Chair Clark asked how things were progressing
with the Basset Creek Watershed District regarding their proposed plans.
Dan Boyum, city engineer, added that the impervious surface noted on
the proposed plans did not trigger an official watershed review. There is
no wetland buffer that is being required, but a wetland delineation is
5
Planning Commission Meeting June 2, 2020
being addressed with the applicant and Stantec. Chair Clark then asked
for clarification on the percentage of impervious surface. Mr. Alger
clarified the percentage was at 78.5%.
Commissioner Landy asked if Dan Boyum was comfortable with the
direction the storm water plans were going. Mr. Boyum stated things
were moving the right direction with the plans. Commissioner Landy
asked the applicant if they were comfortable with the conditions listed.
Mr. Anderson stated they were comfortable with the conditions. They
noticed an additional condition was added to the list regarding the
maintenance of the storm water, and they were comfortable with that.
Stacy Woods, City Attorney, added that she would draft the storm water
maintenance agreement for all parties to sign.
Commissioner Schmidt asked if the email received was in support of the
variance request and if it could be read aloud for the record to be included
in the public hearing. Chair Clark read the email from Jeff Freeman for the
Planning Commission. Mr. Freeman expressed concern the building
expansion would result in an increase in truck traffic, noise, and the
removal of green space.
Motion by Commissioner Landy, seconded by Commissioner Mannix,
to open the Public Hearing. All present voted in favor. Motion carried.
Stan Matthews, 3016 Louisiana Ave N, Crystal, called in regarding his
concerns about the parking lot and removal of the green space
potentially leading to an increase in traffic noise. Mr. Matthews also had
concerns with the noise generated from equipment for snow removal,
as that often happens during the night. Mr. Matthews questioned how
the buffer will be created with such a small space between the building
and wetland, and asked for clarification on the location of the loading
docks. Mr. Alger responded the loading docks are on the south side
coming in off 31st Avenue North. The loading area will be located in the
existing parking lot and the proposed new parking lot will be for
passenger vehicles only.
Pat Bowman, 3032 Louisiana Avenue North, Crystal expressed her
opposition to the expansion of the parking lot. Her concern is an increase
in activity noise and the overall look will be less like a neighborhood.
Kathi Hemken, Mayor, asked the applicant if jobs would be created as a
result of the expansion. David Fystrom, architect, stated seven new
warehouse jobs will be created. With the current Covid-19 concerns,
staff is working from home and the company will likely continue to have
staff work remotely. He anticipates that not all the parking spaces will
be used.
Motion by Commissioner Landy, seconded by Commissioner Redden,
to close the Public Hearing. All present voted in favor. Motion carried.
Chair Clark asked the applicant about the functional need for parking
6
Planning Commission Meeting June 2, 2020
vs. the zoning requirement for parking. Mr. Anderson stated that the 11
outside stalls facing Louisiana A venue could be considered proof-of-
parking in that not all required parking stalls would actually be needed.
The boulevard could be kept intact in that area with no parking lot
lights. If those stalls were needed in the future, the stalls would be
available. Commissioner Clark agreed that the proof-of-parking idea
might act as a viable solution. Jeff Sargent, Community Development
Director, stated the proof-of-parking could preserve green space and
address some of the concerns from the neighbors. Al Brixius, City
Planner, contributed that adding the proof-of-parking as a condition of
approval would eliminate the need for an additional public hearing at a
later time. Ms. Woods agreed that adding the proof-of-parking and
storm water maintenance agreement as conditions of approval would
all be included with the current public hearing.
Mr. Anderson contributed that there are very few over the road semi-
trucks that enter the site. The bulk of the traffic on site will be step vans,
UPS vehicles, USPS vehicles.
Commissioner Brinkman thanked Mr. Anderson for clarifying that
semi-trucks are not entering the site.
Motion
Item 4.2
Motion by Commissioner Landy, seconded by Commissioner Brinkman,
to approve Planning Case 20-06, Conditional Use Permit (CUP), site plan
review, and two variances to allow for a 15,000 square foot expansion of
warehouse located at 3101 Louisiana Avenue North, Furniture Industries,
petitioner, with the following conditions, plus the two additional
conditions, #7 and #8:
1. Any outdoor mechanical equipment shall be identified on
building plans and shall meet screening requirements specified
in Section 4-3(b)(5)c. of the City Code.
2. With the exception of trash pickup day, trash-handling
equipment shall be stored inside principal building.
3. Landscaping along south property line adjacent to parking lot
shall be spread out for entire length of parking lot.
4. Tree preservation plan shall be submitted in order to ensure five
trees on west side of the property will survive impact of
construction. Replacement plan shall be submitted if trees do
not survive.
5. Grading, drainage, storm water management, and wetland
delineation, protection, and restoration plans shall be subject
to review and final approval by the City Engineer and Storm
water Specialist.
6. Applicant shall provide record plans or as -built drawings to
the city following project completion.
7. Applicant shall enter into a storm water maintenance and
easement agreement with the City to be prepared by the city
attorney.
8. A restrictive covenant shall be recorded against the property
that mandates the construction of the proof of parking for 11
7
Planning Commission Meeting June 2, 2020
additional parking stalls facing Louisiana Avenue North if
the city finds that the demand for on-site parking exceeds the
available supply. This covenant will also preserve the proof
of parking areas from any other type of construction.
Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy,
Smith, Korkowski, Redden
Voting against: None
Absent: None
Motion approved 9-0
Chair Schmidt stated the case will be brought to the June 22, 2020 City
Council meeting.
COMMITTEE REPORTS
Design and Review
Committee
Item 5.1
The next potential meeting is on June 18, 2020. There are two people
attending the pre-application meeting. Staff will be informed either way
if the meeting will happen or will be cancelled.
Codes and Standards
Committee
Item 5.2
There currently is no meeting scheduled.
NEW BUSINESS
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Landy, seconded by Commissioner Redden, to
approve the Planning Commission minutes of January 7, 2020. Motion
carried.
ANNOUNCEMENTS Commissioner Landy thanked Commissioner Schmidt for leading the
Planning Commission over the last three years.
Chair Clark asked on the status of the distillery that came through the
Planning Commission in January. Mr. Sargent provided an update that
they are still moving forward as planned.
Commissioner Brinkman asked for the next meeting to have a map of the
subject property available during the presentation. Mr. Sargent replied
that would happen for future meetings.
Commissioner Landy stated he would attend the June 18th Design &
Review meeting if Commissioner Redden was unable to attend.
Commissioner Redden stated he was planning to attend the June 18th
meeting.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:18
p.m.
Respectfully submitted,
I:\RFA\PUBWORKS\2020\Council\2020 Local Surface Water Management Plan
Request for Action
June 22, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: Public Works
By: Megan Hedstrom, Storm Water Specialist and
Project Coordinator; Bernie Weber, Director of Public
Works
Agenda Title
Resolution to adopt the Local Surface Water Management Plan
Requested Action
Staff is recommending Council adopt the Local Surface Water Management Plan that has been prepared by
the city engineer, Stantec Consulting.
Policy/Past Practice
The city began drafting the Local Surface Water Management Plan in 2018 as part of the comprehensive
planning process.
Background
Staff began developing the Local Surface Water Management Plan in 2018 as part of the comprehensive
planning process. This plan will serve as a comprehensive planning document to guide the City of New Hope
in conserving, protecting and managing its surface water resources. This plan has been reviewed by and is
consistent with the goals and policies of the Metropolitan Council, Shingle Creek Watershed Management
Commission and the Bassett Creek Watershed Management Commission.
The preparation of this plan included a full review and update of the 2008 Local Surface Water Management
Plan. The intent of the plan is to bring New Hope into compliance with current storm water management
regulatory requirements.
Funding
The plan does not identify any direct cost for storm water projects. The city will continue to allocate $100,000
a year in the CIP to construct storm water improvement projects.
Attachments
Resolution
Local Surface Water Management Plan
Agenda Section
Development &
Planning
Item Number
8.3
City of New Hope
Resolution No. 20-
Resolution to adopt the Local Surface Water Management Plan
WHEREAS, the city’s engineer, Stantec Consulting, has prepared the Local Surface Water Management Plan;
and,
WHEREAS, the Local Surface Water Management Plan details methods the city will take to conserve,
protect and manage its surface water resources; and,
WHEREAS, the Plan has been reviewed and approved by staff, the Metropolitan Council, Shingle Creek
Watershed Management Commission and the Bassett Creek Watershed Management
Commission; and,
WHEREAS, the Council has reviewed the plan and found the plan to be acceptable; and,
NOW, THEREFORE, BE IT RESOLVED:
That the City Council of the city of New Hope hereby adopts the Local Surface Water
Management Plan.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 22nd day of June,
2020.
Mayor
Attest:
City Clerk
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Trim Size 8.5 x 11”Local Surface Water Management Plan City of New HopeDecember 2018
City of New Hope Project No: 193803890
Local Surface Water Management Plan
C IT Y OF N EW H OPE – L OC AL SU RF AC E WAT ER MAN AGE M ENT PL AN
T ABLE OF CONTENTS
Executive Summary ............................................................................................................................ i-iii
SECTION 1 – PURPOSE AND SCOPE ................................................................................................... 5
1.1 AUTHORIZATION ......................................................................................................................... 5
1.2 PURPOSE .................................................................................................................................. 5
1.3 SCOPE ...................................................................................................................................... 5
SECTION 2 – PHYSICAL SETTING ........................................................................................................ 9
2.1 LOCATION AND HISTORY ............................................................................................................. 9
2.2 T OPOGRAPHY AND DRAINAGE ..................................................................................................... 9
2.3 SOILS ..................................................................................................................................... 10
2.4 GEOLOGY AND GROUNDWATER ................................................................................................. 11
2.5 CLIMATE ................................................................................................................................. 11
2.6 WATER RESOURCES ................................................................................................................. 13
2.6.1 Creeks ........................................................................................................................... 13
2.6.2 Lakes ............................................................................................................................. 14
2.6.3 Wetlands ....................................................................................................................... 14
2.7 DRAINAGE SYSTEMS ................................................................................................................ 15
2.8 FLOODPLAIN I NFORMATION ....................................................................................................... 15
2.9 PLANNING AND DEVELOPMENT .................................................................................................. 15
2.9.1 Comprehensive Plan .................................................................................................... 15
2.9.2 Land Use ....................................................................................................................... 16
SECTION 3 – REGULATORY SETTING ............................................................................................... 17
3.1 CITY SERVICES ........................................................................................................................ 17
3.2 HENNEPIN COUNTY .................................................................................................................. 17
3.3 WATERSHED MANAGEMENT ORGANIZATIONS.............................................................................. 18
3.4.1 Shingle Creek Watershed Management Commission (SCWMC) ..................................... 18
3.4.2 Bassett Creek Watershed Management Commission (BCWMC) ..................................... 18
3.4 METROPOLITAN COUNCIL.......................................................................................................... 18
3.5 STATE BOARD OF WATER AND SOIL RESOURCES (BWSR) .......................................................... 18
3.6 MINNESOTA POLLUTION CONTROL AGENCY (MPCA) .................................................................. 19
3.7 MINNESOTA DEPARTMENT OF NATURAL RESOURCES (DNR) ........................................................ 19
3.8 MINNESOTA DEPARTMENT OF HEALTH (MDH) ............................................................................ 20
3.9 MINNESOTA ENVIRONMENTAL QUALITY BOARD (EQB) ................................................................ 20
3.10 MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) ......................................................... 20
3.11 U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) ................................................................... 20
3.12 U.S. ARMY CORPS OF ENGINEERS (USACE) ............................................................................. 20
3.13 FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) .............................................................. 20
3.14 NATURAL RESOURCES CONSERVATION SERVICE (NRCS)............................................................ 20
3.15 U.S. GEOLOGICAL SURVEY (USGS) .......................................................................................... 20
3.16 U.S. FISH AND WILDLIFE SERVICE (USFWS) .............................................................................. 21
SECTION 4 – RELATED STUDIES, PLANS AND REPORTS ............................................................... 23
4.1 2008 NEW HOPE LOCAL SURFACE WATER MANAGEMENT PLAN (LSWMP) ................................... 23
4.2 2013 SCWMC T HIRD GENERATION WATERSHED MANAGEMENT PLAN (WMP).............................. 23
4.3 2015 BCWMC WATERSHED MANAGEMENT PLAN (WMP) ........................................................... 23
4.4 2005 SCWMC SHINGLE CREEK CORRIDOR STUDY ..................................................................... 24
4.5 2007 T WIN AND RYAN LAKES NUTRIENT TOTAL MAXIMUM DAILY LOAD (TMDL) ............................ 24
City of New Hope Project No: 193803890
Local Surface Water Management Plan
4.6 2006 SCWMC WATER Q UALITY PLAN ...................................................................................... 24
4.7 2007 SHINGLE CREEK CHLORIDE TOTAL MAXIMUM DAILY LOAD (TMDL) ..................................... 24
4.8 2014 UPPER MISSISSIPPI RIVER BACTERIA TMDL STUDY AND PROTECTION PLAN ........................ 25
4.9 2016 T WIN CITIES METROPOLITAN AREA CHLORIDE TMDL STUDY .............................................. 25
4.10 BASSETT CREEK MAIN STEM WATERSHED MANAGEMENT PLAN ................................................... 25
4.11 BASSETT CREEK PARK POND WATERSHED MANAGEMENT PLAN .................................................. 26
4.12 NORTHWOOD L AKE WATERSHED AND LAKE MANAGEMENT PLAN ... ERROR! BOOKMARK NOT DEFINED.
SECTION 5 – WATER RESOURCES RELATED AGREEMENTS ......................................................... 27
5.1 SHINGLE CREEK WMC JOINT POWERS AGREEMENT (JPA) ......................................................... 27
5.2 BASSETT CREEK WMC JOINT POWERS AGREEMENT (JPA) ......................................................... 27
6.1 STORMWATER MANAGEMENT ISSUES ADDRESSED BY THE CITY .................................................... 29
6.2 EXISTING STORMWATER MANAGEMENT ISSUES AND POSSIBLE CORRECTIVE ACTIONS ................... 32
6.3 WETLAND INVENTORY AND ASSESSMENT ................................................................................... 35
6.4 TMDLS ................................................................................................................................... 35
6.5 NPDES PERMITTING PROCESS ................................................................................................. 37
6.6 COMPARISON OF REGULATORY STANDARDS ............................................................................... 38
6.7 COMPARISON OF STORMWATER MANAGEMENT GOALS AND POLICIES ........................................... 38
6.8 STORMWATER QUALITY MANAGEMENT DEDICATION REQUIREMENTS ............................................ 38
6.9 EROSION AND SEDIMENT CONTROL ............................................................................................ 39
SECTION 7 – GOALS AND POLICIES ................................................................................................. 43
7.1 GENERAL ................................................................................................................................ 43
CITY OF NEW HO PE ........................................................................................................................... 43
7.2 SURFACE WATER MANAGEMENT GOALS AND POLICIES ................................................................ 45
7.2.1 Water Quantity and Flood Control ................................................................................... 45
7.2.2 Surface Water Quality................................................................................................... 46
7.2.3 Groundwater Quality and Runoff Volume Management ................................................... 48
7.2.4 Recreation, Fish and Wildlife Habitat, and Shoreland Management ................................. 49
7.2.5 Wetland and Lake Management ................................................................................... 49
7.2.6 Erosion and Sediment Control, Monitoring, and Maintenance.......................................... 50
7.2.7 Public Participation, Coordination and Education ............................................................ 52
7.2.8 Funding ......................................................................................................................... 53
8.1 GENERAL ................................................................................................................................ 55
8.2 RECOMMENDED ACTIONS FOR OFFICIAL CONTROLS..................................................................... 55
8.3 SYSTEM IMPROVEMENT PROJECTS............................................................................................. 56
8.4 WETLAND INVENTORY AND ASSESSMENT ................................................................................... 57
8.5 T WIN AND RYAN LAKES TMDL .................................................................................................. 57
8.6 SHINGLE CREEK TMDL ............................................................................................................ 58
8.7 UPPER MISSISSIPPI RIVER BACTERIA TMDL............................................................................... 59
8.8 T WIN CITIES METROPOLITAN AREA CHLORIDE TMDL .................................................................. 59
8.9 NPDES IMPLEMENTATION ........................................................................................................ 60
8.10 OPERATION AND MAINTENANCE................................................................................................. 60
8.11 IMPLEMENTATION ACTIVITIES..................................................................................................... 61
8.12 POTENTIAL FUNDING ................................................................................................................ 62
SECTION 9 – ADMINIST RATION ......................................................................................................... 65
9.1 REVIEW AND ADOPTION PROCESS ............................................................................................. 65
9.2 PLAN AMENDMENTS AND F UTURE UPDATES ............................................................................... 65
List of Tables
Table 2.1 New Hope Population ........................................................................................................ 9
Table 2.2 Soil Survey Data for New Hope ....................................................................................... 11
City of New Hope Project No: 193803890
Local Surface Water Management Plan
Table 2.3 Average Monthly Precipitation, 1976-2016 ....................................................................... 12
Table 2.4 NOAA Atlas 14 Point Precipitation Frequency Estimates, 24-hour Rainfall Depths ........... 12
Table 2.5 Minnesota DNR Public Waters in New Hope ................................................................... 13
Table 6.1 Stormwater Management Issues Addressed by the City ................................................... 29
Table 6.2 Current Stormwater Management Issues and Possible Corrective Actions ....................... 33
Table 6.3 Impaired Waters in New Hope or Adjacent Communities.................................................. 37
Table 8.1 Surface W ater Management Related Ordinances............................................................. 55
Table 8.2 Priority System Improvement Projects.............................................................................. 56
Table 8.3 Shingle Creek Chloride TMDL Implementation Measures ................................................. 59
Table 8.4 Surface Water System Maintenance Schedule ................................................................. 60
Table 8.5 Implementation Program .................................................................................................. 61
List of Figures (Appendix A)
Figure 1 Location Map .................................................................................................... Appendix A
Figure 2 Hydrologic Soil Group Classification Map .......................................................... Appendix A
Figure 3 2040 Comprehensive Plan Existing Land Use Map ............................................ Appendix A
Figure 4 2040 Comprehensive Plan Proposed Land Use Map ......................................... Appendix A
Figure 5 Watershed Management Organization Map ....................................................... Appendix A
Figure 6 Impaired Waters Map ........................................................................................ Appendix A
Figure 7 Wetland Inventory .............................................................................................. Appendix A
Map 1 Surface Water System Map ............................................................................... Appendix A
Appendices
Appendix A .............................................................................................................................. Figures
Appendix B……………………………………...Joint Powers Agreements (for the SCWMC and BCWMC)
Appendix C ....................................................................... Water Quality Cash Dedication Methodology
Appendix D .................................................................................. City of New Hope Design Guidelines
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C IT Y OF N EW H OPE – L OC AL SU RF AC E WAT ER MAN AGE M ENT PL A N
EXECUTIVE SUMMARY
Background
This Local Surface Water Management Plan (LSWMP) will serve as a comprehensive planning
document to guide the City of New Hope in conserving, protecting, and managing its surface water
resources. This Plan has been created to meet the requirements detailed in Minnesota Statutes 103B
and Minnesota Rules 8410, administered by the Minnesota Board of Water and Soil Resources. This
Plan is also consistent with the goals and policies of the Metropolitan Council’s Water Resources
Management Policy Plan, and the two watershed management commissions having jurisdiction within
the City: Shingle Creek Watershed Management Commission (SCWMC) and Bassett Creek
Watershed Management Commission (BCWMC).
This LSWMP is organized into sections that generally follow guidance provided by State statute,
rules, and the Metropolitan Council. These sections are described as follows:
• Section 1 offers an introduction to and purpose of this Plan and includes organizational
information on the location of components within this document.
• Section 2 of this Plan provides an inventory of land and water resources within the City,
including a description of the physical setting, available and pertinent water resources data, and
land use maps.
• Section 3 documents the regulatory agencies and their role in the City’s surface water
management.
• Section 4 describes past studies and plans related to surface water management in New Hope.
• Section 5 identifies the stormwater management agreements between New Hope and other
entities.
• Section 6 provides a current assessment of surface water management in the City of New
Hope, including a regulatory standards comparison. This section also includes the identification
of issues and corrective actions, including flooding and stormwater rate control problems.
• Section 7 lists the goals and policies identified to address surface water management needs in
the City, relating to land development and resource management.
• Section 8 summarizes capital improvement projects currently planned with known funding
sources to implement the goals and policies listed in Section 6, as well as potential activities and
funding mechanisms.
• Section 9 outlines the continued administration of this plan with respect to plan updates and
amendments.
City of New Hope August 2018
Local Surface Water Management Plan Page 2
The appendices provide additional detail:
• Appendix A includes report figures related to the LSWMP.
• Appendix B includes the Joint Powers Agreements between the City and both the Shingle
Creek Watershed Management Commission and Bassett Creek Watershed Management
Commission.
• Appendix C provides detailed guidance on how the water quality cash dedication amounts are
to be calculated.
• Appendix D includes the approved New Hope Design Guidelines document.
Relationship between 2018 and 2008 LSWMPs
The preparation of this plan included a full review of the current surface water system in New Hope,
relying heavily on information from the 2008 Local Surface Water Management Plan (LSWMP) and
City staff input. The intent of this LSWMP update is to bring New Hope into compliance with current
stormwater management regulatory requirements, as specified by the two watershed management
organizations having jurisdiction in the City, and state and federal agencies. Once adopted, the
LSWMP will officially supersede the 2008 LSWMP.
Current Regulatory Setting
The City has a strong interest in protecting and managing its valuable water and natural resources,
recognizing the relationships between resource protection, land use management, development,
redevelopment and fiscal responsibility. Sections 3 through 5 of this plan identify and summarize the
various regulatory agencies’ applicable plans, studies, and agreements, which influence the City’s
stormwater management program.
System Assessment
Section 6 includes an assessment of the City’s current stormwater m anagement system. The
assessment identifies management issues that are either identified by the City, the two watersheds
with jurisdiction within the City, or other state and federal agencies. These issues are split into two
categories:
1. Stormwater management issues that have been addressed by the City.
2. Existing stormwater management issues and possible corrective actions.
Goals and Policies
Following the assessment of the City’s current stormwater management system, Section 7 identifies
the City’s goals and policies f or stormwater management. The goals identified in this section
represent broad stormwater management categories aimed at addressing the purposes of stormwater
management planning identified in Minnesota State Statute 103B.201, as follows:
1. Protect, preserve, and use natural surface and groundwater storage and retention systems;
2. Minimize public capital expenditures needed to correct flooding and water quality
problems;
City of New Hope August 2018
Local Surface Water Management Plan Page 3
3. Identify and plan for means to effectively protect and improve surface and groundwater
quality;
4. Establish more uniform local policies and official controls for surface and groundwater
management;
5. Prevent erosion of soil into surface water systems;
6. Promote groundwater recharge;
7. Protect and enhance fish and wildlife habitat and water recreational facilities; and
8. Secure the other benefits associated with the proper management of surface and ground
water.
The specific policies under each goal will guide implementation of the LSWMP to achieve the
stormwater management goal and provide consistency between the City’s policies and the two
watersheds with jurisdiction within the City. The goals and policies in Section 7 reflect those identified
in the City’s 2008 LSWMP, as well as goals and policies necessary for consistency with new local,
state and federal standards.
Stormwater Management Implementation
The Implementation Section (Section 8) of the LSWMP describes the specific activities proposed by
the City to address the stormwater management issues presented in Section 6 and implement the
policies identified in Section 7. Section 8 provides recommended actions related to the City’s official
stormwater management controls and a list of system improvement projects and activities, as well as
other implementation priorities.
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C IT Y OF N EW H OPE – L OC AL SU RF AC E WAT ER MAN AGE M ENT PL A N
SECTION 1 – PURPOSE AND SCOPE
1.1 AUTHORIZATION
The New Hope City Council authorized the preparation of a Local Surface Water Management Plan
(LSWMP) update to the previous 2008 LSWMP. The LSWMP is consistent with the Comprehensive
Plan update for the City of New Hope as well as the Watershed Management Plan and rules of both
the Bassett Creek Watershed Management Commission (BCWMC) and the Shingle Creek
Watershed Management Commission (SCWMC). Previously, the updates to the Local Water Plan
and Comprehensive Plan were asynchronous but beginning with this 2018 Local Surface Water
Management Plan update, the Plan will be part of the Comprehensive Plan and the two will be
updated simultaneously.
1.2 PURPOSE
This Local Surface Water Management Plan (LSWMP) will serve as a comprehensive planning
document to guide the City of New Hope in conserving, protecting, and managing its surface water
resources. This plan has been created to meet the requirements detailed in Minnesota Statutes 103B
and Minnesota Rules 8410, administered by the Minnesota Board of Water and Soil Resources
(BWSR). This plan is also consistent with the goals and policies of the Metropolitan Council’s 2040
Water Resources Policy Plan (Thrive MSP), and the two watershed management commissions
having jurisdiction within the City: BCWMC and SCWMC. This plan may be periodically amended to
remain current with local practices and policies. Beyond the regulatory requirements this Plan intends
to satisfy, the LSWMP will serve as an update to the 2008 Plan.
1.3 SCOPE
This LSWMP serves multiple purposes including statutory and rule compliance. Minnesota statute
103B.235 defines content for Local Surface Water Management Plans. According to the statute’s text,
each local plan, in the degree of detail required in the watershed plan, shall:
(1) describe existing and proposed physical environment and land use;
(2) define drainage areas and the volumes, rates, and paths of stormwater runoff;
(3) identify areas and elevations for stormwater storage adequate to meet performance
standards established in the watershed plan;
(4) define water quality and water quality protection methods adequate to meet
performance;
standards established in the watershed plan;
(5) identify regulated areas; and
(6) set forth an implementation program, including a description of official controls and, as
appropriate, a capital improvement program.
Minnesota Rules 8410, administered by the Board of Water and Soil Resources (BWSR), provide
more detail on local plan content. Though the BWSR guidance applies specifically to watershed
management organizations and watershed districts, this guidance has historically been used to frame
expectations for municipal plans. According to Minnesota Rules 8410.0160, local plans must include:
1. Executive summary.
2. Water resource management-related agreements, including going power agreements.
3. Existing and proposed physical environment and land use.
4. Existing or potential water resource-related problems.
City of New Hope August 2018
Local Surface Water Management Plan Page 6
5. A local implementation program describing solutions to the water resource-related problems
identified.
6. Amendment procedures.
The reader will find that New Hope has structured its LSWMP to provide the information required by
8410.0160 without holding strictly to the outline contained in the rules. Through this document, the
City provides signposts identifying where a statutory or rulemaking requirement might be addressed.
The New Hope LSW MP must address requirements of the Minnesota Pollution Control Agency’s
Municipal Separate Storm Sewer System (MS4) program. This program is designed to reduce the
sediment and pollution that enters groundwater and surface waters to the maximum extent
practicable. The MS4 program is regulated through the National Pollutant Discharge Elimination
System (NPDES) permits. These NPDES permits require the development of Storm Water Pollution
Prevention Programs (SWPPP).
The LSWMP must also satisfy Metropolitan Council requirements as contained in their 2040 Water
Resources Policy Plan. These requirements build on those of Rules 8410.
Beyond state level requirements and those of Metropolitan Council, this plan must conform to the
underlying W atershed Management Organization (WMO) plans. Very often, WMOs outline specific
content for local plans that go beyond that required by statute and rule. For the WMOs having
jurisdiction in New Hope, the following local plan requirements pertain:
Shingle Creek Watershed Management Commission (SCWMC)
Paraphrased from the Shingle Creek Watershed Management Commissions 3rd Generation (April
2013) Watershed Management Plan (WMP):
1. Describe the existing and proposed physical environment and land use.
2. Describe the existing and proposed hydrology and demonstrate that stormwater storage
volumes and management sector peak outflow rates meet the requirements specified in the
WMP.
3. Identify how the goals and policies, and rules and standards established in the WMP will be
implemented at the local level.
4. Identify how the wetlands f unctions and value assessments required by the SCWMC Plan will
be undertaken.
5. Include a policy describing how the member city intends to protect threatened and
endangered species and areas of significant natural communities identified by the DNR within
their boundaries.
6. Assess existing or potential water resource related problems and identify nonstructural,
programmatic, and structural solutions.
7. Summarize the estimated cost of implementation and analyze the member city’s ability to
finance the recommended actions.
8. Set forth an implementation program including a description of official controls, programs,
policies, and a capital improvement plan.
Bassett Creek Watershed Management Commission (BCWMC)
General standards for Local Surface Water Management Plans from BCWMC Watershed
Management Plan (Rev. August 2017) as described in Section 5.3.1.1 are, as follows:
1. Conform to Minnesota Statues 103B.235, Minnesota Rules 8410, and the BCWMC Plan.
City of New Hope August 2018
Local Surface Water Management Plan Page 7
2. Include problems identified in the BCWMC Plan in the assessment of water resource related
problems, and propose solutions consistent with the BCWMC Plan.
3. Assess the need for periodic maintenance of public works, facilities and natural conveyance
systems, including public ditches under the city’s jurisdiction.
4. Assess the need to establish a water body management classification system to provide for
water quality and quantity management.
5. Identify official controls and programs used to enforce policies and requirements of the
BCWMC.
Broader responsibilities of the City can be found in Section 5.1.2 of the BCWMC Watershed
Management Plan.
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C IT Y OF N EW H OPE – L OC AL SU RF AC E WAT ER MAN AGE M ENT PL AN
SECTION 2 – PHYSICAL SETTING
2.1 LOCATION AND HISTORY
The City of New Hope is located within Hennepin County in the northwestern portion of the Twin
Cities metropolitan area about twelve miles northwest of downtown Minneapolis (see Figure 1,
Appendix A). New Hope is a fully-developed community comprised of approximately six square miles
bordered by 62nd Avenue North to the north, Medicine Lake Road to the south, Highway 169 to the
west, and the City of Crystal to the east.
New Hope was a farming community in the early 1900s. The area was settled as part of the Crystal
Lake Township and became the home for many family farms. As housing developments spread west
from Minneapolis in the 1930s, the new residents of Crystal Lake Township began the movement to
incorporate the township. In 1936, the city of Crystal was incorporated. Forming a city was not
supported by all residents in the township. The rural residents in the western half of the township
broke away from the city of Crystal and formed their own township. The name the farmers selected
for their new township reflected the time: New Hope.
Prompted by rapid development in the early 1950s, the township of New Hope incorporated into the
Village of New Hope in 1953. When the township was incorporated, it had 600 residents. The City
grew rapidly and was home to over 2,500 people by 1958. This rapid population growth continued
through the 1960s, and by 1971, there were 24,000 residents in New Hope. The population of the
community has declined slightly since 1971. Population information for the City of New Hope is
presented in Table 2.1.
Table 2.1 - Population and Household Data
Year Population Households
19601 3,552 ---
19701 23,180 6,019
19801 23,087 7,627
19901 21,853 8,507
20001 20,873 8,665
20101 20,339 8,427
20202 21,100 8,900
20302 22,000 9,200
20402 23,100 9,600
1 US Census Data
2 Metropolitan Council 2040 Regional Development Framework (Forecasts as of: January 1, 2018)
2.2 TOPOGRAPHY AND DRAINAGE
New Hope is characterized by gently-rolling topography common in the northwest portion of the Twin
Cities Metropolitan area, due to past glacial activity. Within this gently rolling topography, a number of
poorly-drained depression areas of various sizes exist, supporting the City’s wetlands and lakes.
Hydraulic connectivity of these depression areas exists via natural overland drainageways or, where
these natural drainageways have been blocked by development, via manmade conveyance methods.
The natural drainage in New Hope splits between the two watersheds: Shingle Creek to the north and
Bassett Creek to the south.
The northwestern portion of the City generally drains northwesterly into Bass Creek, which cuts
across the very northwest corner of the City. Once leaving the City, Bass Creek continues to drain
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northeasterly and becomes a tributary to Shingle Creek, which is ultimately tributary to the Mississippi
River. The northwestern portion of the City tributary to Bass Creek includes the highest percentage of
wetlands in the City. These wetlands represent the headwaters of Bass Creek and most of them are
DNR protected waters. In addition to the wetlands in this portion of the City, Meadow Lake drains
west directly into Bass Creek through a system of pipes.
The northeast portion of the City drains primarily via storm sewer into the City of Crystal, and these
flows act as tributaries to Twin Lakes. From the Twin Lakes system, flows discharge to Shingle
Creek, and then to the Mississippi River. According to the Minnesota Pollution Control Agency’s
(MPCA) 2016 Impaired Waters List, Twin Lakes is identified as an Impaired Water for various
pollutants. Total Maximum Daily Load (TMDL) studies for a number of these impairments have been
completed to determine implementation items to address these impairments.
Much of the southern portion of the City (Bassett Creek Watershed) drains directly into Bassett Creek
via the North Branch of Bassett Creek. On the west end of the City, Northwood Lake, a constructed
flow-through lake located along the North Branch of Bassett Creek, receives drainage primarily from
Plymouth and a smaller portion of New Hope. From Northwood Lake, the North Branch of Bassett
Creek drains into the City of Crystal and is tributary to the main channel of Bassett Creek, eventually
discharging into the Mississippi River. The southern-most part of the city drains directly to Bassett
Creek and Medicine Lake.
2.3 SOILS
The Natural Resources Conservation Service (NRCS) published the Soil Survey of Hennepin County,
Minnesota in 2004. The soil survey identifies the physical properties of the soils within the county and
provides mapping to identify the locations of the various soil s types.
The primary benefit of the soil survey to this LSWMP is the classification of various soil types into
Hydrologic Soil Groups (HSG), according to the soil’s ability to infiltrate water during long-duration
storms. The four hydrologic soil groups are: Group A – high infiltration, Group B – moderate
infiltration, Group C – slow infiltration, and Group D – very slow infiltration. Figure 2.2 identifies the
HSG classifications within the City.
Table 2.2 presents the soil survey data, relates these to HSG classifications, and provides percent of
coverage of each soil class within the City. In highly urbanized landscapes like New Hope, however,
much of the existing soil material within the City has been compacted, mixed, and possibly imported
with urban development. Therefore, the variability and unpredictability of these disturbed soils warrant
that a HSG classification identified in the soil survey for any given soil type be reviewed on a site-
specific basis to determine the physical infiltrati on characteristics of the soil.
As identified in Table 2.2, the soils in one-third of the City are not assigned a HSG classification. The
soils in the remaining two-thirds of the City do have HSG classifications; however, as mentioned
above the site-specific soil infiltration characteristics should be verified on a site-by-site basis.
Long-time city residents and the City of New Hope’s staff indicate that tighter soils generally cover
most of the city. However, pockets in the northern portions of the City are covered by sandy soils
exhibiting a high infiltration capacity. It appears that infiltration BMPs will be likely to succeed in the
sandy portions of the City only, while filtration BMPs with underdrains may be more appropriate for
use in most of the City.
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Table 2.2 - Soil Survey Data for New Hope
Hydrologic Soil
Group
(HSG)
Total HSG
Coverage
(ac)
HSG Coverage
(% of City Limits) Soil Series
Soil Series
Coverage (% of
City Limits)
A 73.9 2% Hubbard 2%
A/D 62.5 2% Houghton 2%
B 2058.8 63%
Angus 1%
Dundas 2%
Hamel 2%
Koronis < 1%
Lester 51%
Nessel < 1%
Udorthents 5%
B/D 0.84 < 1%
Cordova < 1%
Glencoe < 1%
Hamel < 1%
Urban Land1 1043.5 32% No HSG
classification
32%
Water1 36.2 1% 1%
TOTAL 3275.8 100% - 100%
1Area given no HSG classification in the 2004 Soil Survey of Hennepin County, Minnesota
2.4 GEOLOGY AND GROUNDWATER
The soils within New Hope include variable soil types ranging from pockets of sandy soil in northern
portions of the City, to heavier soils throughout large portions of the remainder of the City. This
surficial material overlays St. Peter Sandstone. For additional information, consult the Geologic Atlas:
Hennepin County (Balaban,1989).
New Hope provides water to its customers in cooperation with the cities of Crystal and Golden Valley
through a joint powers organization called the Joint Water Commission (JWC). The JWC has a long-
term contract to purchase treated water from the City of Minneapolis. The water is drawn from the
Mississippi River, treated, and pumped to reservoirs in Crystal and Golden Valley. From there, it is
distributed to the cities of New Hope, Crystal, and Golden Valley.
2.5 CLIMATE
Climate data for the Twin Cities (Station 215838) are published by the National Weather Service
(NWS) station at Chanhassen, MN. The NWS is a branch of the National Oceanic and Atmospheric
Administration (NOAA). Table 2.3 provides a summary of precipitation data for the Twin Cities area.
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Table 2.3 - Average Monthly Precipitation, 1971-2016
Month Precipitation (in)
January 0.89
February 0.84
March 1.79
April 2.67
May 3.46
June 4.52
July 3.85
August 4.15
September 2.79
October 2.24
November 1.71
December 1.12
ANNUAL 30.03
Rainfall frequency estimates are used as design tools in water resource projects. Rainfall frequencies
are summarized in the National Oceanographic (NOAA) Atlas 14-Point Precipitation Frequency
Estimates. Previously, Technical Paper No. 40 (TP-40) Rainfall Frequency Atlas of the United States
(also published by NOAA) was used to determine rainfall frequency estimates. The use of Atlas 14
estimates provides an advantage to Technical Paper No. 40, as estimates are based on data from
denser networks with longer periods of record, and regional frequency analyses and new spatial
interpolation techniques are used. Table 2.4 lists rainfall frequencies for the City of New Hope,
interpolated to the City’s Civic Center Park from surrounding rainfall stations. The data taken from
Atlas 14 are solely based on historical rainfall events and are not an extrapolation of data trends to
predict future events.
Table 2.4 – NOAA Atlas 14 Point Precipitation Frequency Estimates, 24-hr Rainfall Depths,
City of New Hope
Recurrence Interval (yrs.) 24-hr Rainfall Depth (in)
1 2.49
2 2.87
5 3.59
10 4.29
25 5.38
50 6.34
100 7.39
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2.6 WATER RESOURCES
The City of New Hope has developed around a variety of surface water resources that are both
aesthetically and recreationally valuable to the community, including lakes, wetlands, and creeks. The
Minnesota Department of Natural Resources (DNR) has regulatory jurisdiction over many of the City’s
waterbodies defined as Public Waters of the State. All of the waterbodies identified by the Minnesota
DNR as Public Waters are included in Table 2.5 and identified in Map 1 (Appendix A).
Table 2.5 - Minnesota DNR Public Waters in New Hope1
Type Name DNR ID LSWMP ID
Lakes Meadow Lake 27-57P SC-P1.1B
Northwood Lake 27-627P BC-P2.5A
Wetlands
Victory Park Pond 27-568W SC-P7.3
Unnamed Wetland 27-569W SC-P6.8
Unnamed Wetland 27-570W SC-P6.6A
Unnamed Wetland 27-628W SC-P5.5/5.6
Creeks
Bass Creek - SC-P4.4
Unnamed Tributary of Bassett
Creek2 - BC-P2.5A/3.15A
1 Source: Minnesota DNR PWI Maps and Lists
2 Identified in the Bassett Creek Watershed Management Plan as “North Branch of Bassett Creek”
2.6.1 CREEKS
The tributary area to Bass Creek includes the northwest portion of the City, however, most of this
tributary area drains through a series of large wetlands, storm sewer, and ditches into Plymouth prior
to discharging into Bass Creek. Only the very northwest corner of the City, including the discharge
from Meadow Lake, is directly tributary to Bass Creek as it drains through the far northwest corner of
the City, crossing under TH 169 and exiting the City of New Hope under 62nd Avenue. Proceeding
north out of the City, Bass Creek becomes the headwaters of Shingle Creek, which discharges to the
Mississippi River. According to the 2016 Minnesota Impaired Waters List, Bass Creek is designated
by the MPCA as an Impaired Water for Fishes bioassessments and chloride, discussed in more detail
in Section 6.6 of this Plan.
Shingle Creek does not flow through New Hope, flowing north and east of City. However, Bass Creek
is tributary to Shingle Creek, along with the northeast section of the City, draining to Shingle Creek
via storm sewer through Twin Lakes. Shingle Creek is designated by the MPCA as an Impaired
Water for Chloride and the implementation plan for addressing this impairment impacts the City of
New Hope’s stormwater management program and is therefore mentioned in this section. Impaired
Waters are discussed in more detail in Section 6.4 of this plan.
In the southern portion of the City, the North Branch of Bassett Creek discharges into New Hope from
Plymouth under TH 169 into Northwood Lake. The North Branch of Bassett Creek flows out of
Northwood Lake and proceeds east through Northwood Park into Crystal, prior to discharging into the
main Bassett Creek channel. The North Branch of Bassett Creek is classified as a Priority 1 Stream,
per Section 2.7.2.2 of the 2015 BCWMC Plan.
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2.6.2 LAKES
Meadow Lake
Meadow Lake is located in the north-central portion of the City. It is a relatively small, shallow lake
with a surface area of approximately eleven acres. This lake is an identified DNR Public Water and is
also included on the State Impaired Waters list for excess nutrients (see Section 6.4 for more
information). In 2010, the Meadow Lake Nutrient TMDL Implementation Plan was prepared for the
Shingle Creek Watershed Management Commission. The Plan outlines phosphorous reduction
activities and the stakeholders responsible for implementing those activities.
Water quality reports for Meadow Lake can be found at:
http://www.shinglecreek.org/water-quality.html.
Northwood Lake
Northwood Lake, located southeast of the TH 169 Rockford Road interchange, is classified as a
Priority 1 Shallow Lake, per Section 2.7.2.2 of the 2015 BCWMC Plan. This lake has a relatively large
drainage area of approximately 1355 acres, which includes roughly 824 acres from the City of
Plymouth. Northwood Lake has a surface area of approximately fifteen acres. As discussed earlier,
this lake is an identified DNR Public Water and is also included on the State Impaired Waters list for
excess nutrients (see Section 6.4 for more information). At this time, no TMDL has been completed
for Northwood Lake. BCWMC completed the Northwood Lake Watershed and Management Plan for
Northwood Lake in 1996, identifying specific Best Management Practices (BMPs) to improve the
water quality within the lake. BMPs identified in the BCWMC plan are included in Section 8 of New
Hope’s LSWMP.
Existing lake monitoring information was identified for Northwood Lake from two sources: Bassett
Creek WMC and Metropolitan Council. The most current lake monitoring information for Northwood
Lake can be found at the following website locations:
• Bassett Creek WMC:
http://www.bassettcreekwmo.org/application/files/6814/8945/3994/2016_Northwood_Lake_Report.pdf
• Metropolitan Council:
https://eims.metc.state.mn.us/Site/27062700-AL
2.6.3 WETLANDS
In addition to the traditional stormwater management function of wetlands within the City as an
important means to provide flood storage and reduce runoff rates, the City of New Hope recognizes
the water quality treatment, wildlife habitat, and aesthetic benefit provided by wetlands. Wetland
protection and restoration has become an important City goal to ensure that the City’s wetlands are
preserved for future generations.
The protection and restoration of wetlands is integral to the City’s proposed improvements which aim
to provide additional water quantity and quality treatment upstream of the City’s wetlands. Figure 7
shows the results of the most recent National Wetland Inventory within City limits.
The City of New Hope completed a Wetland Inventory and Management Plan in 1999, including a
field inventory of all wetlands identified in the City and an evaluation of the functions and values of
each wetland. To fully comply with Met Council requirements, this document must be expanded to
incorporate the necessary wetland management standards, including buffer standards. While outside
of the scope of this LSWMP, it is the City’s intent to revise this 1999 docum ent to comply with Met
Council requirements (see Section 6.3 for more information).
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2.7 DRAINAGE SYSTEMS
The majority of the City’s stormwater infrastructure was constructed prior to the mid-1970s, and as
was the practice at that time, stormwater management relied heavily on large diameter trunk storm
sewer to route stormwater away from impervious areas quickly and discharge this stormwater directly
into nearby wetlands, lakes, and creeks. As a result, local stormwater basins providing both rate
control (to reduce downstream local flooding) and water quality treatment (to provide additional
protection to downstream natural resources) are not common in New Hope. Rather, the City’s
stormwater system discharges large portions of the City’s residential and commerci al/industrial areas
directly to nearby water resources. A schematic plan of the drainage system was prepared for this
study and is shown on Map 1 attached to this report (Appendix A). Hydrologic and hydraulic modeling
for the portion of the city within the BCWMC can be found in the BCWMC’s XP-SWMM Phase II Final
Report (2017).
One challenge for the City as a part of this LSWMP will be to identify locations where the City’s
existing stormwater system can be improved or new features added within existing dev elopment or
redevelopment projects. The benefit to the City because of these stormwater improvements could
potentially include:
• Reduction in localized flooding
• Enhancement and restoration of existing natural resources
• Creation of new natural resources
• Im proved water quality in the City’s lakes, wetlands, creeks
2.8 FLOODPLAIN INFORMATION
The Federal Emergency Management Agency (FEMA) updated the Flood Insurance Study (FIS) and
Flood Insurance Rate Maps (FIRM) for Hennepin County in 2016. The FIRM map shows all 100-yr
floodplain boundaries for the county and includes both the floodway and flood fringe for rivers, lakes,
wetlands, and streams where FEMA has completed detailed engineering studies. Flood elevations
are also provided for areas where detailed studies have been completed. FEMA FIRM maps are
identified in New Hope for the following waterbodies or locations:
• Bass Creek – Panel #27053C0184F
• Meadow Lake – Panel #27053C0192F
• Northwood Lake, North Branch of Bassett Creek, Hidden Valley Park pond – Panel
#27053C0194F
• 62nd Avenue discharge to Crystal – Panel #27053C0203F
• Fred Sims Park, Memory Lane Pond (Crystal) – Panel #27053C0211F
• 36th Avenue discharge to Crystal – Panel #27053C0213F
The Bassett Creek Watershed Management Commission (BCWMC) Watershed Management Plan
(WMP) identifies BCWMC’s adopted 100-year floodplain elevations for waterbodies in New Hope
within the jurisdiction of the BCWMC, namely Northwood Lake and the North Branch of Bassett
Creek. The 100-year floodplain information is identified in Table 2-9 of the BCWMC Watershed
Management Plan and includes 100-year floodplain elevations for various areas of the City (revised
May 2017).
2.9 PLANNING AND DEVELOPMENT
2.9.1 COMPREHENSIVE PLAN
In response to local needs and State Statutes requirements, the City of New Hope has conducted a
planning process to update its Comprehensive Plan through the year 2040. The Comprehensive Plan
is intended to define the natural environment, land use, transportation, and infrastructure goals of the
community as a means of defining New Hope’s future community growth and vision of development
and/or redevelopment.
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Beyond the desires and needs of the local community, the Metropolitan Council’s THRIVE MSP 2040
plan also establishes a regional context in which the City of New Hope must define its role and direct
its future. This Regional Development Framework mandates specific regional criteria that must be
addressed in the 2040 Comprehensive Plan Update.
2.9.2 LAND USE
Since the 1976 Comprehensive Plan, New Hope has matured to a f ully-developed community. The
City has undertaken numerous planning efforts since 1976 that have addressed more specific
planning topics or issues such as 42nd Avenue Improvement Study/ 42nd Avenue/City Center Market
Study; New Hope Vacant Land Study Phase I and II, Winnetka Center Market Study, 1998 New Hope
Comprehensive Plan Update, Bass Lake Extension Redevelopment Area, 2002 Livable Communities
Study, 2003 City Center Task Force Study; Medicine Lake Rd Study, DeCola Ponds Feasibility Study,
and the Complete Streets Study.
New Hope is a fully-developed community lacking large undeveloped tracts of land which raises the
need for in-place expansion and redevelopment of land uses. The following map (Figure 3, Appendix
A) graphically illustrates the existing distribution and extent of a variety of land use types in New
Hope.
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C IT Y OF N EW H OPE – L OC AL SU RF AC E WAT ER MAN AGE M ENT PL AN
SECTION 3 – REGULATORY SETTING
3.1 CITY SERVICES
The New Hope Department of Public Works manages the City’s stormwater infrastructure and is
responsible for the monitoring and maintenance of storm sewers, ponding areas, water quality
devices and outlet control structures. The City Department of Public Works provides the design,
operation, and maintenance necessary to minimize local flooding and improve water quality in the
City’s storm water system. Public Works also coordinates with watershed management organizations
and other outside agencies in water resource management and conservation.
The City is responsible for reviewing and permitting proposed projects and ensuring that they are in
line with appropriate rules and regulations. A search of the City’s ordinances identified following
sections as being related to surface water management and protection:
Section 2-62 Watershed Management Tax District
Section 4-25 Shoreland Permit Overlay District
Section 4-26 Floodplain District
Section 4-35 Administration – Site Plan Review
Section 5-1 Purpose and General
Section 5-3 Permits, Licenses, and Other Charges
Section 5-7 Drainage
Section 5-9 Illicit Discharge or Connection to Stormwater System
Section 6-10 Dispersion of Percolating Waters
Section 8-32 Lawn Fertilizer Application Control
Section 13-5 Design Standards
Section 13-7 Required Improvements
Section 14 Fees, Charges, and Financial
Appendix D Floodplain and Wetland Systems District
3.2 HENNEPIN COUNTY
Hennepin County, originally part of Dakota County, was created in 1851. The County provides many
services within the City of New Hope, including health services and property and vital records.
Hennepin County was the first county to begin groundwater planning in 1988, with authority delegated
to the Hennepin Conservation District (HCD). The plan received state approval in March 1994.
Although the county has not formally adopted the plan, the county is proceeding with implementation
of many aspects of the plan. In addition, the County’s Department of Environmental Services
provides education, outreach, and funding to individuals and organizations. These programs include
the Hennepin County River Watch and the Wetland Health Evaluation Program.
In December 2013, Minnesota Board of Water and Soil Resources (BWSR) issued an order to
dissolve the Hennepin Conservation District (HCD). All responsibilities and authorities of the HCD
were transferred to the Hennepin County Board of Commissioners. With this transfer, Hennepin
County is now a soil and water conservation district (SWCD), Hennepin County was substituted for
HCD in all contracts entered by HCD, and Hennepin County is eligible for all grants for which HCD
was eligible.
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3.3 WATERSHED MANAGEMENT ORGANIZATIONS
In 1982, the legislature approved the Metropolitan Surface Water Management Act, Chapter 103B of
Minnesota Statutes. This act requires all metro-area local governments to address surface water
management through participation in a Watershed Management Organization (WMO). A WMO can
be organized as a watershed district, as a Joint Powers Agreement (JPA) among municipalities, or as
a function of county government.
The City of New Hope is divided into multiple drainage basins that flow to two separately managed
watersheds. Figure 5 shows the two watershed management organizations with jurisdiction in the
City. The powers and duties of these Minnesota statutory authorities are detailed in Minnesota
Statues 103B.211.
3.4.1 SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION (SCWMC)
SCWMC was formed in 1984 and incorporates the northern portion of the City of New Hope,
discharging to Shingle Creek via Bass Creek or the Twin Lakes system. The jurisdictional boundary
for the SCWMC within New Hope includes approximately 2,125 acres and is identified in Figure 5
(Appendix A).
3.4.2 BASSETT CREEK WATERSHED MANAGEMENT COMMISSION (BCWMC)
In 1984, the existing Bassett Creek Flood Control Commission (formed in 1968) revised its JPA and
created the BCWMC. The BCWMC incorporates the southern portion of the City of New Hope,
discharging to Bassett Creek via the North Branch of Bassett Creek or Medicine Lake. The
jurisdictional boundary for the BCWMC within New Hope includes approximately 1,267 acres and is
identified in Figure 5 (Appendix A). More information can be found at their website:
http://www.bassettcreekwmo.org/.
3.4 METROPOLITAN COUNCIL
Established by the Minnesota Legislature in 1967, the Metropolitan Council is the regional planning
organization for the Twin Cities, seven-county area. The Council manages public transit, housing
programs, wastewater collection and treatment, regional parks, and regional water resources. Council
members are appointed by the Minnesota Governor.
The Metropolitan Council reviews municipal comprehensive plans, including this Local Surface Water
Management Plan. The Council adopted the 2040 Water Resources Policy Plan in May 2015,
establishing the expectations to be met in local plans. The Council’s goal s focus on water
conservation and reuse to “promote a more sustainable region.”
3.5 STATE BOARD OF WATER AND SOIL RESOURCES (BWSR)
The Minnesota Board of Water and Soil Resources (BWSR) works through local government
agencies to implement Minnesota’s water and soil conservation policies. The BWSR is the
administrative agency for soil and water conservation districts, watershed districts, watershed
management organizations and county water managers. The BWSR is responsible for
implementation of the Metropolitan Surface Water Management Act and the Wetland Conservation
Act. Staff members are located in nine field offices throughout the state.
First established in 1937 as the State Soil Conservation Committee, the agency became part of the
University of Minnesota in the 1950s, transferred to the Department of Natural Resources in 1971,
and then transferred to the Department of Agriculture in 1982. In 1987 the State Legislature
established the current Board of Water and Soil Resources. The Board consists of twenty members,
appointed by the governor to four-year terms. Multiple state and local agencies are represented on
the Board. In 1992, the BWSR adopted rules (8410), establishing required content for Local Surface
Water Management Plans. These rules were most recently amended in 2015.
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The City is the Local Government Unit (LGU) for the Wetland Conservation Act. The City will continue
to administer Wetland Conservation Act permits.
3.6 MINNESOTA POLLUTION CONTROL AGENCY (MPCA)
The MPCA is the state’s lead environmental protection agency. Created by the State Legislature in
1967, the MPCA is responsible for monitoring environmental quality and enforcing environmental
regulations to protect the land, air and water. The MPCA regulates New Hope’s management of
wastewater, stormwater and solid waste.
The MPCA is the permitting authority in Minnesota for the National Pollutant Discharge Elimination
System (NPDES), the federal program administered by the Environmental Protection Agency to
address polluted stormwater runoff. The MPCA included the City of New Hope on the list of entities
identified as owning and operating a Municipal Separate Storm Sewer System (MS4), and these
entities obtained NPDES permit coverage in 2007. Note that New Hope’s application for coverage
was developed concurrently with the 2008 Local Surface Water Management Plan. To obtain and
maintain coverage, the City is required to develop a Storm Water Pollution Prevention Program
(SWPPP) to address six minimum control measures:
1. Public education and outreach
2. Public participation/involvement
3. Illicit discharge detection and elimination
4. Construction site stormwater control
5. Post-construction stormwater management
6. Pollution prevention/good housekeeping
In addition to the NPDES program, the MPCA is required to publish a list of impai red waters; lakes
and streams in the state that are not meeting federal water quality standards. For each water body on
the list, the MPCA is required to conduct a study to determine the allowable Total Maximum Daily
Load (TMDL) for each pollutant that exceeds the standards. The 2018 MPCA list of impaired waters
identifies 2,627 TMDL reports needed throughout the state. Local governments are required to
incorporate completed TMDL studies into their Local Water Plans and review their SWPPPs to
determine if additional BMPs are needed to comply with the TMDL waste load allocation. Impaired
waters in New Hope are summarized in Table 6.3 in Section 6.4 of this Plan.
In response to these multiple regulatory activities, the MPCA publishes and maintains the Minnesota
Stormwater Manual in an interactive wiki format periodically updated, providing stormwater
management tools and guidance. The Manual presents a unified statewide approach to stormwater
practices.
Published by the MPCA, the Minnesota Stormwater Manual provides detailed guidance on
stormwater management practices in the region. Low-impact development, better site design, and on-
site infiltration of runoff are recommended to offset the adverse impacts created by additional
impervious surfaces. These runoff volume reduction methods provide multiple benefits, including
groundwater recharge, protection of natural stream banks, reduced nutrient loads to lakes and
wetlands, and reduced thermal impacts to aquatic habitat. Applicable City standards will reference
this document for additional design guidance for a variety of stormwater management practices.
3.7 MINNESOTA DEPARTMENT OF NATURAL RESOURCES (DNR)
Originally created in 1931 as the Department of Conservation, the DNR has regulatory authority over
the natural resources of the state. DNR divisions specialize in waters, forestry, fish and wildlife, parks
and recreation, land and minerals, and related services. The DNR administers programs in lake
management, shoreland management, dam safety, floodplain management, wild and scenic rivers,
the Public Waters Inventory (PWI), and permitting of development activity within public waters. A list
of the PWI waterbodies identified in the City of New Hope is included in Table 2.6.
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3.8 MINNESOTA DEPARTMENT OF HEALTH (MDH)
The MDH manages programs to protect the public health, including implementation of the Safe
Drinking Water Act (SDWA), a federal law that protects drinking water supplies under the U.S.
Environmental Protection Agency (EPA). The MDH has regulatory authority for monitoring water
supply facilities such as water wells, surface water intakes, water treatment, and water distribution
systems. The MDH also is responsible for the development and implementation of the wellhead
protection program.
3.9 MINNESOTA ENVIRONMENTAL QUALITY BOARD (EQB)
The EQB is comprised of five citizen members and the heads of nine state agencies that play an
important role in Minnesota’s environment and development. The EQB develops policy, creates l ong-
range plans and reviews proposed projects that may significantly influence Minnesota’s environment.
3.10 MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT)
MnDOT is the state agency responsible for the planning, improvement, and maintenance of the
state’s highway system. MnDOT approval is required for any construction activity within state rights-
of -way. MnDOT also administers funding for qualifying transportation projects completed in the City.
Anticipated activities of MnDOT are periodically published in their State Transportation Improvement
Plan (STIP).
3.11 U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)
The EPA develops and enforces the regulations that implement environmental laws enacted by
Congress; however, the MPCA bears responsibility for implementing many of the resulting programs
within Minnesota. The NPDES program and the Impaired Waters List are both the result of the Clean
W ater Act, administered by the EPA.
3.12 U.S. ARMY CORPS OF ENGINEERS (USACE)
Under Section 404 of the Clean Water Act, including subsequent modifications, the EPA and the
USACE regulate the placement of fill into all wetlands of the U.S. In 1993, there was a m odification of
the definition of "discharge of dredged material” to include incidental discharges associated with
excavation. This modification meant that any excavation done within a wetland required the applicant
to go through Section 404 permitting procedures. In 1998, however, this decision was modified so
that excavation in wetlands is now regulated by the USACE only when it is associated with a fill
action.
3.13 FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FEMA manages federal disaster mitigation and relief programs, including the National Flood
Insurance Program (NFIP). This program includes floodplain management and flood hazard mapping.
FEMA updated the Flood Insurance Rate Maps (FIRM) for New Hope in 2016. Section 2.8 includes a
list of waterbodies and locations identified in the FIRM maps, along their map panel number.
3.14 NATURAL RESOURCES CONSERVATION SERVICE (NRCS)
The Natural Resources Conservation Service (NRCS) is a division of the U.S. Department of
Agriculture. Formerly named the Soil Conservation Service (SCS), the NRCS provides technical
advice and engineering design services to local conservation districts across the nation. The Soil
Survey of Hennepin County, Minnesota was published by the NRCS in 2004. The NRCS also
developed hydrologic calculation methods that are widely used in water resources design.
3.15 U.S. GEOLOGICAL SURVEY (USGS)
The USGS provides mapping and scientific study of the nation’s landscape and natural resources.
USGS maps provide the basis for many local resource management efforts.
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3.16 U.S. FISH AND WILDLIFE SERVICE (USFWS)
The USFWS works to conserve and protect the nation’s fish, wildlife, plants and habitat. T he USFWS
developed the National Wetlands Inventory (NWI) beginning in 1974, to support federal, state and
local wetland management work.
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C IT Y OF N EW H OPE – L OC AL SU RF AC E WAT ER MAN AGE M ENT PL AN
SECTION 4 – RELATED STUDIES, PLANS AND REPORTS
4.1 2008 NEW HOPE LOCAL SURFACE WATER MANAGEMENT PLAN (LSWMP)
The City’s 2008 Local Surface Water Management Plan serves as the basis for the 2018 LSWMP.
The 2008 LSWMP identifies, regional stormwater quantity and quality improvements within the City to
address local and regional flooding issues, water quality improvement, infrastructure management,
stormwater planning, etc. for future development, redevelopment, and capital improvement projects
within the City.
To meet current stormwater management regulatory requirements, the City must update this 2008
LSWMP to comply with various state, regional, and local agencies with jurisdiction in the City. The
scope of this LSWMP includes updates to portions of the 2008 LSWMP including:
• Discussions regarding the current regulatory setting in which the LSWMP is being prepared
• Assessment of the City’s stormwater management system, including the identification of issues
and possible corrective actions
• The City’s stormwater management goals and policies
• Implementation of the City’s stormwater management system
• Coordination between the LSWMP and the Water Management Plans of the two WMOs with
jurisdiction in New Hope (SCWMC and BCWMC)
The intent of this LSWMP update is to bring the City of New Hope into compliance with current
stormwater management regulatory requirements and this update will supersede the 2008 LSWMP.
The 2008 Surface Water Management Plan superseded the 1996 Surface Water Management Plan
when it was adopted.
4.2 2013 SCWMC THIRD GENERATION WATERSHED MANAGEMENT PLAN (WMP)
The SCWMC Third Generation Watershed Management Plan was adopted in April 2013. In the first-
generation plan, the Commission established standards in eight management areas, including runoff
management, floodplain management, shoreland management, water quality monitoring, erosion and
sedimentation control, stormwater treatment, wetlands management and groundwater protection. The
purpose of this plan is to describe how the Shingle Creek Watershed Management Commissions
(SCWMC) will manage activities in the two watersheds between 2013 and 2022.
Stormwater management implementation items identified in the SCWMC plan impacting New Hope
are included in the System Assessment section (Section 6) of this Plan. The stormwater managem ent
goals identified in the SCWMC plan are incorporated into the Goals and Policies section (Section 7)
of this Plan. The City’s implementation plan for the stormwater management items impacting New
Hope and goals identified in the SCWMC plan is included in the Implementation section (Section 8) of
this Plan.
4.3 2015 BCWMC WATERSHED MANAGEMENT PLAN (WMP)
The BCWMC Watershed Management Plan was adopted in September 2015 and sets the vision and
guidelines for the management of surface water within the boundaries of the BCWMC. The
Watershed Management Plan summarizes the location, history, goals, policies, and implementation
tasks of the BCWMC. The BCWMC’s general goals fall under the categories of water quality, flood
control, erosion and sediment control, stream restoration, wetland management, groundwater, public
ditches, and public involvement and information.
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Stormwater management implementation items identified in the BCWMC plan impacting New Hope
are included in the System Assessment section (Section 6) of this Plan. The stormwater management
goals identified in the BCWMC plan are incorporated into the Goals and Policies section (Section 7)
of this Plan. The City’s implementation plan for the stormwater management items impacting New
Hope and goals identified in the BCWMC plan is included in the Implementation section (Section 8) of
this Plan.
4.4 2005 SCWMC SHINGLE CREEK CORRIDOR STUDY
Completed in August 2005, the intent of this plan is not to prescribe specific improvements, but to
develop a set of standards and principles to be used by riparian cities to manage the Shingle Creek
corridor to further its ecological restoration. Although not directly tributary to the Shingle Creek
Corridor as identified by this study, the City of New Hope is within the overall tributary area to Shingle
Creek and thus will seek to incorporate the ecological restoration goals (as they apply to an upstream
tributary) into the LSWMP. The SCWMC Water Quality Plan can be used as a reference regarding the
Corridor Study.
4.5 2007 TWIN AND RYAN LAKES NUTRIENT TOTAL MAXIMUM DAILY LOAD (TMDL)
The Twin and Ryan Lakes Nutrient TMDL and Implementation Plan was approved by the EPA in
November 2007. This TMDL study addresses a nutrient impairment in the Twin Lake chain of lakes.
The goal of this TMDL is to quantify the pollutant reductions needed to meet State water quality
standards for nutrients in South Twin, Middle Twin, North Twin and Ryan. The lake system
discharges into Shingle Creek, which ultimately discharges into the Mississippi River. W ater quality in
North and South Twin Lake is considered poor as there are frequent algal blooms, while Ryan and
Middle Twin Lake have more moderately degraded water quality. North and South Twin Lakes do not
currently support recreational activities while Ryan and Middle Twin Lake partially support
recreational activities.
Waste Load Allocations (WLAs) and Load Allocations (LAs) to meet State standards indicate that
nutrient load reductions ranging from 0 to 76 percent would be required to consistently meet
standards under average precipitation conditions. As detailed by the MPCA, to reduce phosphorus
loading in the chain of lakes, it is recommended that improvements to wetland 639W, internal load
management and the reduction of nonpoint sources of phosphorus by retrofitting BMPs be
completed. The SCWMC publishes a five-year review of the progress made towards meeting the
nutrient load reduction goal outlined in the TMDL.
4.6 2006 SCWMC WATER QUALITY PLAN
The SCWMC Water Quality Plan (adopted September 2006) is intended to help achieve a Second-
Generation Management Plan goal of protecting and improving water quality. The SCWMC Water
Quality Plan is intended to:
• Set forth the Commissions’ water quality goals, standards, and methodologies in more detail
than the general goals and policies established in the Second-Generation Management Plan.
• Provide philosophical guidance for completing water resource management plans and TMDLs;
and,
• Provide direction for the ongoing water quality monitoring programs that will be essential to
determining if the TMDLs and implementation program are effectively improving water quality.
4.7 2007 SHINGLE CREEK CHLORIDE TOTAL MAXIMUM DAILY LOAD (TMDL)
The Shingle Creek Chloride TMDL has been approved by the MPCA and an Implementation Plan has
been completed. The TMDL analysis determined that most of chloride in the Shingle Creek
watershed is derived from nonpoint sources including road deicing, commercial and industrial deicing,
and fertilizer application, with the primary source being road salt and salt substitutes applied to the
dense network of local roads and county and state highways in the watershed. The TMDL concluded
that an overall 71 percent reduction in chloride load to Shingle Creek must be achieved to meet State
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Local Surface Water Management Plan Page 25
chloride concentration standards. Aimed at reducing chloride loads to Shingle Creek, the
Implementation Plan for this TMDL includes tables identifying the City’s current activities and
proposed BMPs or activities related to road deicing, grouped into the following categories:
• Product Application Equipment and Decisions.
• Product Stockpiles.
• Operator Training.
• Clean-up/Snow Stockpiling.
• Ongoing Research into Salt Alternatives.
The SCWMC publishes a five-year review of the progress made towards meeting the chloride load
reduction goal outlined in the TMDL.
4.8 2014 UPPER MISSISSIPPI RIVER BACTERIA TMDL STUDY AND PROTECTION PLAN
The 2014 Upper Mississippi River Bacteria TMDL Study and Protection Plan focuses on pollutant
reduction for many stream reaches in the Upper Mississippi watershed, including Shingle Creek. The
plan, which was a joint project between the MPCA and the MDH, identifies the reduction in pollutant
loading and implementation activities needed so that the Upper Mississippi River can meet the water
quality standard for aquatic recreation due to E. coli.
The study identified potential bacteria sources, including humans, pets, livestock, wildlife, and land
cover, and carried out a water quality analysis to determine TMDLs. Finally, reduction needed to meet
TMDLs was calculated, which for Shingle Creek reach varied from 13-69% depending on conditions,
and implementation strategies were developed. Monitoring will be carried out through the MPCA
intensive watershed monitoring approach, which is on a ten year cycle.
4.9 2016 TWIN CITIES METROPOLITAN AREA CHLORIDE TMDL STUDY
The 2016 Twin Cities Metropolitan Area Chloride TMDL Study looks at Chloride impairment of water
resources within the 7-county metropolitan area. Similar to the Shingle Creek Chloride TMDL (Section
4.7), this study found that winter maintenance is a main contributor of chloride to water resources,
and that residential water softeners also play a significant role. The study recognizes the challenges
to winter chloride loading reductions, because there is currently no safe and cost-effective alternative
for melting ice.
Implementation practices recommended by the study focused on improved winter maintenance to
reduce the amount of excess salt used and continued monitoring of chloride concentration trends in
waterbodies.
4.10 BASSETT CREEK MAIN STEM WATERSHED MANAGEMENT PLAN
The Bassett Creek Main Stem Watershed Management Plan (completed for the BCWMC in June
2000) establishes priorities and provides guidelines for the cities of Plymouth, Minnetonka, St. Louis
Park, New Hope, Crystal, Golden Valley, Robbinsdale, and Minneapolis, the BCWMC, and citizens
for meeting water quality goals set for the Main Stem of Bassett Creek. The BCWMC goal for the
Bassett Creek Main Stem is a management classification of Level III, meaning its water quality should
support fishing, aesthetic viewing, and wildlife observation activities. As part of the Bassett Creek
Main Stem Plan, in-pond improvement options and site-specific structural best management practices
for each drainage district were evaluated. However, none of the recommended in-pond improvement
options are identified in the City of New Hope.
The Bassett Creek Main Stem Plan also recommends that an inventory of stream channel erosion
sites be performed in two phases by member cities. Phase I is the acquisition of all existing sources
of information regarding known stream channel erosion. Phase II is a field inventory of problematic
stream sites along the entire length of the creek. Since the completion of the Bassett Creek Main
Stem Plan, the City of New Hope has completed the channel erosion inventory for Bassett Creek.
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None of the in-pond or in-stream improvement options are identified in the City of New Hope, thus no
further specific action by the City is necessary at this time. However, the Bassett Creek Main Stem
Plan echoes the general best management practices recommendations offered for the entire Bassett
Creek watershed. These general BMPs are identified in the System Assessment (Section 6) section
of this document.
4.11 BASSETT CREEK PARK POND WATERSHED MANAGEMENT PLAN
The Bassett Creek Park Pond Watershed Management Plan (com pleted for the BCWMC in 2000)
establishes priorities and provides guidelines for the cities of New Hope, Crystal, and Golden Valley,
the BCWMC, and citizens for meeting water quality goals set for Bassett Creek Park Pond. Until a
water quality monitoring program can be established to verify the existing water quality conditions and
to monitor the impact of best management practices on the water quality of the Bassett Creek Park
Pond, structural BMPs will not be implemented.
As discussed above, the City of New Hope has completed a channel erosion inventory for Bassett
Creek within the Bassett Creek Park Pond Watershed. The City did not identify any stream erosion or
sedimentation sites within New Hope. Therefore, no specific action by the City is necessary currently.
Further information can be found in the Bassett Creek Pond Watershed Management Plan.
4.12 NORTHWOOD LAKE WATERSHED AND LAKE MANAGEMENT PLAN
The Northwood Lake Watershed and Lake Management Plan (completed for the BCWMC in 1996)
establishes priorities and provides guidelines for the cities of New Hope and Plymouth, the BCWMC,
and citizens for meeting water quality goals set for Northwood Lake. The water quality in Northwood
Lake, located in the city of New Hope, has typically fallen below the BCWMC’s water quality goals for
a Level II management classification. The results of this study indicate that it may not be possible to
meet Level II goals in Northwood Lake. Since the lake is classified by the DNR as a Class V wetland,
it may be appropriate to change the management level of the lake to Level III.
As part of the Northwood Lake Plan’s evaluation of water quality management alternatives, site-
specific structural best management practices, in-lake improvements, and other BMPs were
recommended in the 1996 report. These recommended structural best management practices are
generally consistent with the water quality improvements identified by the City’s 1996 LSWMP, and a
portion of these improvements were constructed. In 2016, the City, in conjunction with the BCWMC,
constructed a series of stormwater improvement projects that treats stormwater runoff from more than
110 acres of currently untreated urban land. The project included the installation of a variety of BMPs
at two different locations adjacent to the lake, which maximize stormwater treatment (while minimizing
impact to valuable City park space). In addition to sump manholes, the City constructed an
underground stormwater reuse system to irrigate adjacent ball fields, where the overflow from this
system directs runoff to rain gardens. It is estimated that the project, listed in Table 6.1 with the Major
Drainage ID of BC-A2, helps to remove roughly 20 lbs. of phosphorus from Northwood Lake per year.
The project was completed with funds from the Clean Water Fund (distributed by the Minnesota
Board of Water and Soil Resources), and the MPCA, the BCWMC, and the City of New Hope.
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Local Surface Water Management Plan Page 27
C IT Y OF N EW H OP E – L OC AL SU RF AC E WAT ER MAN AGE M ENT PL AN
SECTION 5 – WATER RESOURCES RELATED AGREEMENTS
5.1 SHINGLE CREEK WMC JOINT POWERS AGREEMENT (JPA)
In 1984, the nine cities with land in the Shingle Creek watershed (Brooklyn Center, Brooklyn Park,
Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth and Robbinsdale), entered into a
Joint Powers Agreement (JPA) to form watershed management organizations charged with certain
surface and groundwater management functions. The joint powers type of organization was selected
because the cities believed it provided the best balance for the establishment of watershed-wide
policies and strategies for meeting watershed management requirements while at the same time
retaining the most flexibility and local input at the lowest cost. In 2006, the member cities adopted an
amendment to the JPA that set an “assessment cap” for general fund purposes. A copy of the
amended JPA can be found in Appendix B.
5.2 BASSETT CREEK WMC JOINT POWERS AGREEMENT (JPA)
In 1969, the Bassett Creek Flood Control Commission was formed by adoption of a Joint Powers
Agreement between the nine communities in the Bassett Creek Watershed, including the City of New
Hope. In accordance with provisions of the 1982 Metropolitan Surface Water Management Act, the
Bassett Creek Flood Control Commission revised its Joint Powers Agreement and created the
Bassett Creek Water Management Commission. Its mission is to control flooding and to maintain and
enhance the quality of the surface and groundwater resources in the watershed. A copy of the revised
JPA can be found in Appendix B.
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C IT Y OF N EW H OPE – L OC AL SU RF AC E WAT ER MAN AGE M ENT PL AN
SECTION 6 – SYSTEM ASSESSMENT
The following section will summarize the assessment of the City’s current stormwater management
system. The assessment includes past, present, and future stormwater management issues identified
by the City, the two watersheds with jurisdiction within the City, and other state and federal agencies.
6.1 STORMWATER MANAGEMENT ISSUES ADDRESSED BY THE CITY
The items presented in Table 6.1 were identified as water quantity or quality issues in the 1996 or
2008 LSWMPs or within the W atershed Management Plans of the two watersheds with jurisdiction
within the City and have since been addressed by the City.
Table 6.1 - Stormwater Management Issues Addressed by the City
Major
Drainage
Area ID
Stormwater Issue Issue
Category Corrective Action Taken Year
Completed
SC-A1
Untreated stormwater
runoff discharging to
Meadow Lake (SC-P1.1)
Water Quality
- Rerouted flows along the southern portion of the
lake to the end of the lake furthest from the outlet to
maximize inflow residence time.
2006
- Installed 4 hydrodynamic separators to remove
pollutants prior to discharging into Meadow Lake. 2006
SC-A1
Degraded water quality
within Meadow Lake (SC-
P1.1)
Water Quality,
Aesthetic - Excavated 0.6 acre-feet of sediment. 2006
SC-A2
Insufficient water quality
treatment in District SC-A2
tributary to Upper Twin
Lake
Water Quality
- Redirected flows from the low point in Xylon
Avenue into the pond in Dorothy Mary Park (SC-
P2.1) to achieve improved water quality.
1999
SC-A3
Water quality issues due to
pond sedimentation and
erosion
Water Quality -Stabilized side slopes of the Village Golf Course
Pond with rip-rap as they were eroding significantly. 2018
SC-A3 Insufficient water quality Water Quality
Installed rain garden with a pre-treatment MH to
provide sediment removal discharge into Village
Golf Course Pond
2012
SC-A3
Local flooding along 55th
Avenue North and in the St.
Raphael’s Church parking
lot (Crystal)
Water Quantity
- Provide 1.8 acre-feet of flood storage volume in an
Elm Grove Park dry pond (SC-P3.9) to store and
attenuate peak flows adjacent to this intersection.
2006
- Redirected the overflow from Elm Grove Park
around the west side of St. Raphael’s Church,
avoiding the flood location in the east parking lot.
2006
- Disconnected flows from the intersection of 55th
and Quebec Avenues from the 33-inch pipe running
through the flood location in the St. Raphael’s
Church east parking lot and redirect this trunk pipe
to the west side of the Church.
2006
SC-A3
Insufficient water quality
treatment in the Village
Golf Course pond (SC-
P3.2) tributary to Upper
Twin Lake
Water Quality
- Excavated additional wet volume in the Village
Golf Course pond (SC-P3.2) to provide greater
water quality treatment.
1998
SC-A3
Local flooding at the
intersection of 56th and
Wisconsin Avenues North
Water Quantity
- Constructed stormwater pond adjacent to 56th and
Wisconsin Avenues North – Hosterman Jr High
School (SC-P3.15).
2001
City of New Hope August 2018
Local Surface Water Management Plan Page 30
Major
Drainage
Area ID
Stormwater Issue Issue
Category Corrective Action Taken Year
Completed
SC-A4 Channel erosion in
Subdistrict SC-A4.9
Water Quality,
Erosion
- Additional rate control provided in constructed ponds
SC-P4.3, SC-P4.9A and SC-P4.9B. 1998
SC-A4
Insufficient water quality
treatment in District SC-A4
tributary to Upper Twin
Lake
Water Quality
- Cleaned deposited sediments out of channel
adjacent to railroad tracks. 1997
- Water quality treatment provided in constructed
ponds SC-P4.9A and SC-P4.9B. 1998
SC-A5
Insufficient water quality
treatment in District SC-A5
tributary to Memory Lake
Pond and Upper Twin Lake
Water Quality
- Excavated 1.5 acre-feet of wet ponding volume
within the CCI pond (SC-P5.14) and redirected
adjacent 33-inch trunk storm sewer into this pond to
provide water quality treatment.
1996
SC-A5
Excessive discharge rates
out of District SC-A5
discharging to Crystal
Water
Quantity
Excavated 10.6 acre-feet of flood storage volume in
the CCI pond (SC-P5.14). 1996
SC-A5
Local flooding at the
intersection of 45th and
Xylon Avenues
Water
Quantity
- Rerouted storm sewer flows from 42nd and Winnetka
Avenues away from the trunk system serving this
intersection.
1999
SC-A6
Untreated stormwater runoff
discharge into a DNR
Protected Water (SC-P6.8)
Water Quality
- Excavated 1.4 acre-feet of wet ponding volume in
the Pet Hospital Pond (SC-P6.7) and 0.6 acre-feet of
wet ponding volume in the Collisys Site Pond (SC-
P6.19) to provide water quality treatment prior to
discharging to SC-P6.8.
2003
SC-A7
Untreated stormwater runoff
discharging into Victory
Park Pond, a DNR
Protected Water (SC-P7.3)
Water Quality
- Excavated 2.7 acre-feet of wet ponding volume as
part of the Victory Park Pond Improvements project
(SC-P7.7) at the inlets from Boone Avenue.
2005
SC-A7
Local flooding at the
intersection of Boone
Avenue and East Research
Center Road
Water
Quantity
- Rerouted 24-inch Boone Avenue storm sewer flows
from the south around this intersection to free pipe
capacity at the intersection.
2005
- Upsized the existing 36-inch trunk pipe to a 54-inch
trunk pipe in East Research Center Road at the point
at which the rerouted flows from Boone Avenue tie
into this system.
2005
BC-A1 Local rear-yard flooding
east of Independence Circle
Water
Quantity
- Provided additional downstream pipe capacity via
27” storm sewer in Independence Circle and 36”
storm sewer to the south.
2004
BC-A2
Untreated stormwater runoff
discharging to Northwood
Lake
Water Quality
- Installed pre-treatment structure (V2B1 system) prior
to underground tank to remove sediment prior to
entering underground storage tank used for irrigation.
-Installed three rain gardens downstream of
underground storage tank (for overflow/bypass runoff)
to remove sediment prior to entering Northwood Lake
(approx. 160,000 gallons of storage).
-Installed wet pond on west end of lake to treat
drainage prior to discharging into lake. Wet pond
storage volume is roughly 0.7 ac-ft.
-Installed several underground filtration chambers as
part of street reconstruction projects to treat runoff
from street prior to discharging into Northwood Lake.
-Installed sump structures at various locations on and
south and north side of the lake to remove sediment
prior to entering Northwood Lake.
2015-2017
City of New Hope August 2018
Local Surface Water Management Plan Page 31
Major
Drainage
Area ID
Stormwater Issue Issue
Category Corrective Action Taken Year
Completed
BC-A2
Local flooding location for
properties adjacent to
Hidden Valley Park pond
(BC-P2.2A)
Water
Quantity
- Provided an additional 3.2 acre-feet of flood storage
within Hidden Valley Park pond (BC-P2.2B-D)
[BCWMC WMP ID# NB-37A, NB-38A].
2003
BC-A2
Ravine erosion in
subdistrict BC-A2.3,
contributing excessive Total
Suspended Solids load to
Northwood Lake
Water Quality,
Erosion
- Provided upstream rate control in the St. Josephs
Church regional pond (BC-P2.3) to control discharge
rates to this ravine.
2003
- Constructed a 36-inch pipe low flow diversion
parallel to the ravine to protect the channel. 2003
BC-A2
Insufficient water quality
treatment of flows
discharging to Hidden
Valley Park pond (BC-
P2.2A)
Water Quality
- Excavated an additional 1.4 acre-feet of wet volume
within a series of stormwater wetland cells in Hidden
Valley Park pond (BC-P2.2B-D) [BCWMC WMP ID#
NB-37A, NB-38A] to provide water quality treatment
for the residential area and grade school draining to
this pond. In addition to the wet volume benefit,
increased biological uptake by the wetland plantings
is expected.
2002
BC-A2
Local flooding location for
properties adjacent to
Northwood Lake (BC-
P2.5A)
Water
Quantity
- Provided a total of 5.8 acre-feet of flood storage in
the Gethsemane Cemetery pond (BC-P2.6A-B)
[BCWMC WMP ID# NB-28A,B] to reduce the peak
discharge rates to Northwood Lake (BC-P2.5A).
1999
- Upsized the existing outlet for pond Northwood Lake
(BC-P2.5A) to a 3'x7’ box culvert. 1997
- Upsized 36th Ave. N. pipe from 18” to 24” between
Flag Ave. N. and Ensign Ave. N. 2002
BC-A2
Untreated stormwater runoff
discharging to Northwood
Lake (BC-P2.5A)
Water Quality
- Excavated 2.8 acre-feet of wet volume in pond BC-
P2.3 (St. Joseph's Church) [BCWMC WMP ID# NB-
36A] to provide water quality treatment prior to
discharging to Northwood Lake (BC-P2.5A).
2005
- Excavated 1.7 acre-feet of wet volume in the 2-cell
pond BC-P2.6A-B [BCWMC WMP ID# NB-28A-B]
and rerouted flows from Boone Avenue into pond to
provide water quality treatment prior to discharging to
Northwood Lake.
1999
- Excavated 1.0 acre-feet of wet volume within a 3-
cell pond BC-P2.5B [BCWMC WMP ID#- NB-
35A,B,C] to provide water quality treatment prior to
discharging to Northwood Lake.
1999
- Excavated 1.0 acre-feet of wet volume within a 3-
cell pond BC-P2.5B [BCWMC WMP ID#- NB-
35A,B,C] to provide water quality treatment prior to
discharging to Northwood Lake.
2003
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Local Surface Water Management Plan Page 32
Major
Drainage
Area ID
Stormwater Issue Issue
Category Corrective Action Taken Year
Completed
BC-A3
Channel erosion between
Northwood Lake (BC-P2.5A)
and pond BC-P3.15A
Water Quality,
Erosion
- Re-aligned channel between Northwood Lake
(BC-P2.5A) and pond BC-P3.15A to improve
stability.
1997
- Provided a variety of plantings along the re-
aligned channel to improve slope stability,
provide a stream buffer, and improve wildlife
habitat.
1997
- Re-aligned channel graded with stable grade
and gentle side slopes. 1997
BC-A3
Insufficient water quality
treatment prior to discharging
to Bassett Creek and Basset
Creek Park Pond
Water Quality
- Constructed water quality treatment cell BC-
P3.27 immediately southwest of the intersection
of 36th Ave N and the railroad.
1996
BC-A3
Untreated stormwater runoff
discharging to pond
BC-P3.15A
Water Quality
- Constructed water quality treatment cell BC-
P3.15B (wet volume = 0.2 acre-feet), immediately
adjacent to the re-aligned channel between
Northwood Lake (BC-P2.5A) and BC-P3.15A.
1999
- Constructed water quality treatment cell BC-
P3.15D (wet volume = 0.03 acre-feet), adjacent
to the re-aligned channel between Northwood
Lake (BC-P2.5A) and BC-P3.15.
2002
- Rerouted untreated upstream flows from
Northwood Parkway (east of Boone Avenue) into
the excavated water quality treatment cell (0.4
acre-feet of wet volume) BC-P3.15E.
1999
BC-A3
Local flooding in 36th Ave N
between Zealand Ave and
Yukon Ave
Water Quantity
-Increased storm sewer pipe size to 21” and
routed pipes along 36th Ave N rather than
through development south of 36th Ave N.
2002
6.2 EXISTING STORMWATER MANAGEMENT ISSUES AND POSSIBLE CORRECTIVE
ACTIONS
The following list of items presented in Table 6.2 represent current stormwater management issues or
concerns as identified by the documents included in Section 4 of this plan. It is not the intent of this
list to include all current stormwater management issues identified in the watershed documents in
Section 4, only those issues with a possibly corrective action that directly affects the City. The
implementation of the possible corrective actions will be addressed in the Implementation Section
(Section 8).
As part of the City’s stormwater management, there are hydrologic and hydraulic models of portions
of the City’s drainage system, however, no City-wide model exists. These models are used to
estimate rates and volumes of runoff f or different storm events to evaluate the adequacy of the
system. Where these data exist, data can be requested from the City Engineer.
City of New Hope August 2018
Local Surface Water Management Plan Page 33
Table 6.2 - Current Stormwater Management Issues and Possible Corrective Actions
Major
Drainage
Area ID
Stormwater Issue Issue
Category
Issue
Identifi
ed By
Possible Corrective Actions
SC-A1
Degraded water quality
within Meadow Lake
(SC-P1.1)
Water Quality
City;
SCWM
WMC
(WMP)
Conduct waterfowl management (shoreline plantings)
Provide public education regarding stormwater quality
including proper disposal of pet and yard waste
Cooperate with the SCWMC to address the nutrient load
allocation requirements
All area redevelopment will be required to have site-wide
management plans and strategies
SC-A1
Flooding issues adjacent to
Bass Creek
(SC-P1.4)
Water
Quantity City
Assist SCWMC with new flood data currently being
developed by the DNR and FEMA
Continue to work with all homeowners affected by flood
elevations at low openings to prevent flooding issues
SC-A2 Insufficient water quality
treatment Water Quality City Look for opportunities in private and public development
to construct water quality BMPs in the area
SC-A3
Insufficient trunk storm
sewer capacity along Bass
Lake Road
Water
Quantity City
Provide additional pipe capacity whenever able in
coordination with City of Crystal
As redevelopment occurs in this area, identify local
issues and solve on a site-by-site basis
SC-A3
Possible flooding issues at
Park Acres apartments
north of the Parkview
neighborhood
Water
Quantity City As redevelopment occurs in this area, identify local
issues and solve on a site-by-site basis
SC-A4
Flooding issues in the
channel south of Angeline
Drive
Water
Quantity City
Provide additional pipe and pond storage capacity
upstream and downstream of channel when possible with
redevelopment
Provide additional storage with any redevelopment of
city-owned site, east of channel
SC-A5
Local flooding at the 42nd
Avenue low point at the rail
road underpass
Water
Quantity
City;
SCWM
WMC
(WMP)
Provide additional downstream trunk pipe capacity
according to the 42nd Avenue Flood Study
Re-route local storm sewer flows at Winnetka, Quebec,
Nevada, and Oregon away from the trunk system on
42nd Avenue
SC-A5
Insufficient water quality
treatment in tributary to
Memory Pond
Water Quality City
Provide BMPs in Sunnyside Park
Require any redevelopment in area to treat water on site
before discharging to system
SC-A6
Untreated stormwater runoff
discharge into Erickson
Drive Wetland
(SC-P6.6)
Water Quality City
Monitor wet ponding volumes at the inlets adjacent to
Erickson Drive
Install BMPs on area projects
SC-A6
Untreated stormwater runoff
discharge into Wetland
(SC-P6.8)
Water Quality City Construct stormwater BMPs in any private or public
projects in the drainage area whenever possible
SC-A7
Insufficient water quality
treatment in tributary to
Bass Creek
Water Quality City Construct stormwater BMPs in any private or public
projects in the drainage area whenever possible
SC-ALL
Increased impervious
surface area in the
watershed has increased
the duration and frequency
of full bank conditions
Water
Quantity
SCWM
WMC
(WMP)
Encourage reduction of impervious surface in all new
development. Promote low impact development
principles. Require site BMPs and storage whenever
possible
City of New Hope August 2018
Local Surface Water Management Plan Page 34
Major
Drainage
Area ID
Stormwater Issue Issue
Category
Issue
Identifi
ed By
Possible Corrective Actions
Continue efforts with Shingle Creek Watershed, DNR,
and FEMA to re-map the area to determine more
accurate flood elevations
SC-ALL
Floodplain development
standards should be
continued or enhanced as
development is completed
Water
Quantity
SCWM
WMC
(WMP)
Continue enforcing current flood elevations in any
redevelopment, and enforce any new information
provided by the DNR and FEMA
SC-ALL
Water quality and stability of
Shingle Creek should be
improved
Water Quality
SCWM
WMC
(WMP)
Public and private projects and management strategies
shall not increase the 100-year elevation of Shingle
Creek, nor its tributaries or flood storage areas
Any fill that impacts flood storage in wetlands or
floodplains shall be mitigated when compensating
storage within the same sub-reach or reach
Enforce standards specifying buffer maintenance
adjacent to tributaries to Shingle Creek
Construct and encourage stream bank stabilization
projects and habitat restoration projects
SC-ALL Excessive chloride levels in
Shingle Creek Water Quality
SCWM
WMC
(WMP)
Calibrate salt spreaders annually
Use the Road Weather Information Service (RWIS) and
other sensors to improve salt application decisions
Evaluate new technologies on an annual basis, such as
prewetting and anti-icing as equipment needs
replacement
Investigate and adopt new salt products where feasible
and cost effective
Maintain good housekeeping practices associated with
the handling of road salt to minimize the potential for
wash-off
Provide operator training
Stockpile snow away from sensitive areas
Track and report activities in annual NPDES report and
provide copy to Commission
SC-ALL Wetland protection and
restoration Water Quality
SCWM
WMC
(WMP)
Wetland mitigation should be provided within the same
sub-watershed
Prioritize wetlands and complete wetland functions and
values assessment
Enforce buffer strip requirements adjacent to wetlands
and watercourses
Identify wetland restoration possibilities and construct or
encourage the construction of restoration projects
BC-A1 Insufficient water quality
treatment Water Quality City
Explore the possibility of BMP installation in Jaycee Park
(BC-A1.2)
Any redevelopment in the sub-watershed will be required
to treat runoff on site before entering the public system
BC-A2
Local flooding for properties
adjacent to Hidden Valley
Park
(BC-P2.2A)
Water
Quantity City Increase the downstream pipe capacity on Boone Avenue
downstream
BC-A2 Improve water quality in
Northwood Lake Water Quality City
Continue to maintain existing water treatment BMPs and
install additional treatment when possible through private
and public development
BC-A3 Untreated stormwater runoff
discharging to ponds Water Quality City Monitor and maintain the existing stormwater pre-
treatment basins surrounding wetland BC-A3.15A
City of New Hope August 2018
Local Surface Water Management Plan Page 35
Major
Drainage
Area ID
Stormwater Issue Issue
Category
Issue
Identifi
ed By
Possible Corrective Actions
BC-A4
Local flooding at Roslyn
Court apartments and at
Medicine Lake Road
Water
Quantity City Install water storage where directed by the Medicine Lake
Flooding Study
BC-ALL
Insufficient water quality
treatment and degraded
water quality in Medicine
Lake, Northwood Lake,
Bassett Creek, and Bassett
Creek Park Pond
Water Quality
City;
BCWM
C
(WMP)
Construct appropriate water quality BMPs in Jaycee Park
(BC-A1.2)
Work to reduce phosphorus loading into retention pond
BC-A3.4
Require wet detention or other techniques that provide
equal degrees of treatment for all new and redeveloped
properties
Provide public education to residents and lake users on
practices that reduce pollutants
Enforce city ordinance regarding disposal of litter, yard
and animal waste
Promote stormwater retention and runoff volume
reduction where feasible
Encourage vegetated buffer strips between resident
lawns and water bodies
Excavate bottom sediment in priority ponds
6.3 WETLAND INVENTORY AND ASSESSMENT
From the 2040 Water Resources Management Policy Plan, the Met Council requires the City to
include the following in the LSWMP Update:
All communities need to include a wetland management plan or a process and timeline to prepare
a plan. At a minimum, the wetland management plan should incorporate a function and value
assessment for wetlands. Other items to address in the plan include the pretreatment of
stormwater prior to discharge into all wetland types, and the use of native vegetation as buffers
for high quality wetlands. Buffers should be consistent with the functions and values identified in
the plan.
Both the SCWMC Plan and BCWMC Watershed Management Plan also require that the City
complete a wetland inventory to classify wetlands and assess wetland functions and values.
The City of New Hope completed a Wetland Inventory and Management Plan in 1999, including a
field inventory of all wetlands identified in the City and an evaluation of the functions and values of
each wetland. To fully comply with the requirements outlined above, this document must be
expanded to incorporate the necessary wetland management standards, including buffer standards.
While outside of the scope of this LSWMP Update, it is the City’s intent to revise this 1999 document
to fully comply with local WMO and Metropolitan Council requirements. Details regarding
implementation process necessary to revise the 1999 document are included in Section 8.4.
6.4 TMDLS
Four waterbodies within the City of New Hope are currently identified on the state list of Impaired
Waters: Bass Creek, Meadow Lake, Northwood Lake, and the North Branch of Bassett Creek. In
addition, seven other waterbodies in adjacent communities receiving discharge from New Hope are
currently identified on the state list of Impaired Waters: Bassett Creek, Shingle Creek, Upper Twin
City of New Hope August 2018
Local Surface Water Management Plan Page 36
Lake, Middle Twin Lake, Lower Twin Lake, Ryan Lake, and Medicine Lake. The list of Impaired
Waters is known as the 303(d) list from the applicable section of the Federal Clean Water Act, these
waters are ones that do not currently meet their designated use due to the impact of a pollutant or
stressor. If monitoring and assessment indicate that a waterbody is impaired by one or more
pollutants, it is placed on the list. At some point a strategy would be developed that would lead to
attainment of the applicable water quality standard. The process of developing this strategy is
commonly known as the Total Maximum Daily Load (TMDL) process and involves the following
phases:
1. Assessment and listing
2. TMDL study
3. Implementation plan development and implementation
4. Monitoring of the effectiveness of implementation efforts
Responsibility for implementing the requirements of the Federal Clean Water Act falls to the U.S.
Environmental Protection Agency. In Minnesota, the EPA delegates much of the program
responsibility to the Minnesota Pollution Control Agency (MPCA). Information on the MPCA program
can be obtained at the following web address:
http://www.pca.state.mn.us/water/tmdl/index.html.
The following is an excerpt from the MPCA website describing the program and its need:
The Clean Water Act requires states to publish, every two years, an updated list of streams
and lakes that are not meeting their designated uses because of excess pollutants. The list,
known as the 303(d) list, is based on violations of water quality standards and is organized by
river basin. Environmental organizations and citizen groups have sued the EPA because
states have not made adequate progress to meet Section 303(d) requirements. The EPA has
been sued for various reasons. Over the past 10 years, lawsuits have been filed in 42 states
and the District of Columbia. Of those, 22 have been successful. There is currently no such
lawsuit in Minnesota. However, beyond the federal requirements, there are many reasons for
us to move forward with the development of TMDLs. Foremost is the need to clean up our
rivers, streams and lakes to maximize their contributions to the state’s economy and quality
of life and to protect them as a resource for future generations.
For each pollutant that causes a water body to fail to meet state water quality standards, the
federal Clean Water Act requires the MPCA to conduct a TMDL study. A TMDL study
identifies both point and nonpoint sources of each pollutant that fails to meet water quality
standards. Water quality sampling and computer modeling determine how much each
pollutant source must reduce its contribution to assure the water quality standard is met.
Rivers and streams may have several TMDLs, each one determining the limit for a different
pollutant.
The absence of a waterbody from the 303(d) list does not necessarily mean the waterbody is meeting
its designated uses. It may be that it has either not been sampled or there is not enough data to make
an impairment determination.
The City of New Hope is within the implementation area of the Shingle Creek Chloride TMDL, the
Twin and Ryan Lakes Excess Nutrients TMDL, the Upper Mississippi River Bacteria TMDL, which
applies to both the North Branch of Bassett Creek and to Shingle Creek, and the Twin Cities
Metropolitan Area Chloride TMDL. These studies have recently been completed and the
Implementation Plans involve the City. Additional information regarding the Twin and Ryan Lakes
Excess Nutrients TMDL, the Shingle Creek Chloride TMDL, the Upper Mississippi River Bacteria
TMDL, and the Twin Cities Metropolitan Area Chloride TMDL studies is presented in the Sections 4.5,
4.7, 4.8, and 4.9 respectively. Implementation items are included in Sections 8.5, 8.6, 8.7, and 8.8
respectively.
City of New Hope August 2018
Local Surface Water Management Plan Page 37
Regarding the City’s role in future TMDLs and TMDL Implementation Plans, the City recognizes that
the responsibility for completion and implementation of the TMDL studies lies with the primary
stakeholders contributing to the impairment. The City intends to cooperate with the WMOs in the
development of the TMDL studies, acknowledging that the WMOs will take the lead on these studies.
It is the intention of the City to fully implement the items/actions identified in future TMDL
Implementation Plans, funding the implementation items/actions as necessary. Table 6.3 (see
Section 6.4) identifies all the Impaired Waters identified within New Hope or in adjacent communities,
and the status of the TMDL Study for each of these impairments.
Impaired waters within New Hope are identified on Figure 6, with additional information regarding
these waters, as well as impaired waters close to New Hope receiving discharge from the City
summarized in Table 6.3 below.
Table 6.3 - Impaired Waters in New Hope
Impaired Water Year
Listed Affected use Pollutant or
Stressor
TMDL Target
Status of
TMDL
Study Start Completion
Bass Creek:
Headwaters to
Eagle Creek
2002 Aquatic life Fish
bioassessments 2007 2009 Underway
2002 Aquatic Life Chloride 2009 2015 Complete
Meadow Lake 2002 Aquatic recreation N/EBI1 2007 2008 Complete
Northwood Lake 2004 Aquatic recreation N/EBI1 2010 2025 Not yet
started
North Branch of
Basset Creek 2014 Aquatic recreation E. coli 2008 2015 Complete
1 Nutrient/Eutrophication Biological Indicators
6.5 NPDES PERMITTING PROCESS
The MPCA has designated the City of New Hope as an NPDES Phase II MS4 community (MN Rules
7090). New Hope’s application for permit coverage was completed in 2006. The permit application
outlined New Hope’s Stormwater Pollution Prevention Plan (SWPPP) to address six minimum control
measures:
1. Public education
2. Public involvement
3. Illicit discharge detection and elimination
4. Construction site runoff control
5. Post-construction runoff control
6. Pollution prevention in municipal operations
The City’s SWPPP contains several best management practices within each of the listed control
measures. These were identified using a self-evaluation and input process with City staff.
Many of the goals and policies discussed in this Local Surface Water Management Plan are directly
related to requirements listed in the NPDES program. As a result, the Goals and Policies section of
this plan repeatedly references items listed in the City’s SWPPP. As the SWPPP is updated, the
goals and policies related to the SWPPP and NPDES Permit will be updated in the LSWMP.
City of New Hope August 2018
Local Surface Water Management Plan Page 38
6.6 COMPARISON OF REGULATORY STANDARDS
Development and redevelopment within New Hope is subject to review and approv al from one of the
two watershed management organizations having jurisdiction in the City. Each watershed has
established rules governing stormwater management and protection of natural resources. The table
in Appendix B provides an overview of current watershed standards, as compared to the current City
stormwater management standards. Where the City’s standards are not consistent with watershed
standards, recommended actions to bring the City’s standards into consistency with the watershed
are provided.
6.7 COMPARISON OF STORMWATER MANAGEMENT GOALS AND POLICIES
Like the comparison of regulatory standards described in Section 6.6, the comparison of stormwater
management goals and policies identifies where the City needs to take action to implement or
compl ement a goal or policy of the two watershed management organizations having jurisdiction in
the City.
6.8 ST ORMWATER QUALITY MANAGEMENT DEDICATION REQUIREMENTS
Greater impervious coverage associated with new development, redevelopment, or site expansion
activity places additional burdens on the storm drainage system by increasing the rate and volume of
runoff. This, in turn, increases the amounts of pollutants exported from a development site. Existing or
expanded storm drainage systems needed to serve the developed area provide an efficient means of
delivering these higher pollutant loads to downstream receiving waters. Unless these pollutant loads
are reduced, downstream receiving waters will be degraded over time because of development.
New Hope recognizes its responsibility to protect City water resources from adverse impacts due to
increases in land use intensity caused by new development, redevelopment, and site expansion. To
minimize the impacts of development on New Hope’s valuable water resources, new development,
redevelopment, and site expansion activity shall be subject to water quality mitigation requirements
as outlined in Section 7.2.2 (Surface Water Quality).
In general, mitigation measures shall be required for future development, redevelopment, and site
expansion activities that increase the existing impervious coverage of the site to achieve at least a 50
percent reduction in total phosphorus (TP) and an 80 percent reduction in total suspended solids
(TSS) in the post-development condition. Regional, as well as on-site mitigation measures to reduce
pollutant export can both be used to treat stormwater. This plan also includes provisions for collecting
water quality cash dedications under certain situations and dedication of the revenue from such
collections to help finance stormwater quality improvements. The following is intended to better define
the conditions under which the City can collect a cash dedication, and how the cash dedication is
calculated:
1. The City has the discretion of requiring water quality cash dedication for all or a portion of the
pollutant removal targets for total phosphorus and total suspended solids. In exercising its
discretion, the City will consider such factors as:
• Topographic suitability of the site for water quality treatment features,
• the size of the site,
• the location of the site relative to sensitive resources or system components that
require protection,
• whether public improvements have been or will be made off -site for the expressed
purpose of mitigating the water quality impacts of the development,
• the extent to which the development has paid for mitigation already for the site, and
• consistency with watershed management organization requirements.
City of New Hope August 2018
Local Surface Water Management Plan Page 39
2. Detailed guidance on how cash dedication amounts are to be calculated is provided in
Appendix C.
3. The proceeds from the cash dedication will be ear-marked exclusively to finance water quality
improvements in the City.
6.9 EROSION AND SEDIMENT CONTROL
New Hope’s current erosion and sediment control program follows the guidance provided in the
NPDES MS4 General Permit. As part of the permit requirements, the City’s responsibilities include:
1. Develop an ordinance or other regulatory mechanism to require erosion and sediment
controls, as well as sanctions to ensure compliance, to the extent allowable under law.
2. Requirements for construction site operators to control waste, such as discarded building
materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction
site that may cause adverse impacts to water quality.
3. Develop requirements for construction site operators to implement appropriate erosion and
sediment control best management practices.
4. Establish procedures for site plan review which incorporate consideration of potential water
quality impacts.
5. Establish procedures for receipt and consideration of reports of noncompliance or other
information on construction related issues submitted by the public.
6. Establish procedures for site inspection and enforcement of control measures.
The City of New Hope has erosion and sediment control standards for all projects which will be
reviewed and revised as necessary as the City updates its official controls after approval of this Local
Surface Water Management Plan. Existing City Code was reviewed to identify official controls related
erosion and sediment control. This review found that standards for erosion and sediment control
included in Section 4-3(j) and 13-5(e). A summary of these Code Sections (in italics) is as follows:
• Permit Requirement – No person may grade, fill, excavate, store or dispose of soil and earth
materials or perform any other land-disturbing or land-filling activity without first obtaining a
permit as set forth in this section.
• Application Required – Application. The application for a permit must include the following
items:
a. Application.
b. Site map and grading plan.
c. Interim erosion and sediment control plan.
d. Final erosion and sediment control plan, where required.
e. Soil engineering report, where required.
f. Engineering geology report, where required.
g. Work schedule.
h. Application fees.
i. Performance bond or other acceptable security (see subsection 4-3(j)(18)).
j. Any supplementary material required by the issuing authority.
• Decision on a Permit – The city shall review all documents submitted pursuant to this section,
and, if necessary, request additional data, clarification of submitted data or correction of
defective submissions within ten working days after the date of submission. The city shall notify
applicant of the decision on the permit within 40 days of submission by the applicant, which
submission shall include action by any affected permitting authority having jurisdiction.
City of New Hope August 2018
Local Surface Water Management Plan Page 40
• Notice – Applicant shall be notified of the city's decision on the application within three working
days of the decision.
• Permit Duration – Permits issued under this chapter shall be valid for the period during which
the proposed land-disturbing or filling activities and soil storage takes place or is scheduled to
take place, whichever is shorter. Permittee shall commence permitted activities within 60 days
of the scheduled commencement date for grading or the permittee shall resubmit all required
application forms, maps, plans, schedules and security to the city except where an item to be
resubmitted is waived by the city.
• Implementation of Permits –
a. The city shall review all reports submitted by permittee. The city may require permittee to
modify the grading plan, interim or final plans, and maintenance methods and schedules.
The city shall notify the permittee in writing of the requirement and specify a reasonable
period within which permittee must comply. All modifications are subject to city's approval.
b. The city may inspect the site:
1. Upon receipt of a report by permittee under provisions subsections 4-3(j)(27) a and b.
2. To verify completion of modifications required under subsection 4-3(j)(28) a.
3. During and following any rainfall.
4. At any other time, at the city's discretion.
c. Upon completion of the rough grading work and at the final completion of the work, the city
may require the following reports and drawings and supplements thereto:
1. An as-graded grading plan
2. A soil grading report
3. A geologic grading report
• Suspension or Revocation of Permit – The city shall first have resorted to the procedures set
forth in this section before any other work enforcement procedure set forth in this chapter.
a. The city shall suspend the permit and issue a stop work order, and permittee shall cease all
work on the work site, except work necessary to remedy the cause of the suspension, upon
notification of such suspension when:
1. The city determines that the permit was issued in error or based on incorrect
information supplied, or in violation of any ordinance or regulation or the provisions of
this Code.
2. Permittee fails to submit reports when required under subsections 4-3(j)(27) and (28).
3. Inspection by the city under subsection 4-3(j)(28) b reveals that the work or work site:
i. Is not in compliance with the conditions set forth in subsection 4-3(j)(26), or
ii. I s not in conformity with the grading plan, interim or final plan as approved or
as modified under subsection 4-3(j)(28)a, or
iii. Is not in compliance with an order to modify under subsection 4-3(j)(28) a.
4. Permittee fails to comply with an order to modify within the time limits imposed by the
city (see subsection 4-3(j)(28)a).
b. The city shall revoke the permit and issue a stop work order, and permittee shall cease
work if permittee fails or refuses to cease work, as required under subsection 4-3(j)(30)a
above, after suspension of the permit and receipt of a stop work order and notification
thereof.
c. The city shall reinstate a suspended permit upon permittee's correction of the cause of the
suspension.
City of New Hope August 2018
Local Surface Water Management Plan Page 41
d. The city shall not reinstate a revoked permit unless and until the permittee has corrected all
conditions which resulted in the revocation.
• Fines and Penalties – Any person, firm, corporation or agency acting as principal agent,
employee or otherwise, who fails to comply with the provisions of this Code shall be guilty of a
misdemeanor and upon conviction thereof shall be punishable by a fine of not more than
$700.00, or by imprisonment in jail for not more than 90 days, or by both, for each separate
offense. Each day any violation of this chapter shall continue shall constitute a separate
offense.
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Local Surface Water Management Plan Page 43
C IT Y OF N EW H OPE – L OC AL SU RF AC E WAT ER MAN AGE M E NT PL AN
SECTION 7 – GOALS AND POLICIES
7.1 GENERAL
This section outlines the City’s goals and policies for stormwater management. The goals identified in
this section represent broad stormwater management categories aimed at addressing the purposes
of stormwater management planning identified in Minnesota State Statute 103B.201, as follows:
1. Protect, preserve, and use natural surface and groundwater storage and retention systems;
2. Minimize public capital expenditures needed to correct flooding and water quality
problems;
3. Identify and plan for means to effectively protect and improve surface and groundwater
quality;
4. Establish more uniform local policies and official controls for surface and groundwater
management;
5. Prevent erosion of soil into surface water systems;
6. Promote groundwater recharge;
7. Protect and enhance fish and wildlife habitat and water recreational facilities; and
8. Secure the other benefits associated with the proper management of surface and ground
water.
The specific policies under each goal will guide implementation of this Local Surface Water
Management Plan to achieve the stormwater management goal and provide consistency between the
City’s policies and the two watersheds with jurisdiction within the City (Shingle Creek Watershed
Management Commission and Bassett Creek Watershed Management Commission).
Project Review
CITY OF NEW HOPE
Project review is required by the City of New Hope for any non single-family residential project that
adds impervious area to a site.
Project review is required for a structural pavement maintenance improvement such as a mill and
overlay, reclamation, or pavement removal and replacement improvement. Incorporating Best
Management Practices (BMP’s) is required as directed by the City Engineer.
Project review is not required for non-structural improvements such as a seal coat improvement.
S HINGLE CREEK WATERSHED MANAGEMENT COMMISSION (SCWMC)
Within the Shingle Creek Watershed Management Commission (SCWMC) jurisdictional area (see
Figure 3.1 for WMC boundaries), project review is required for the following:
For all land uses except detached single-family residential:
• Where a development or re-development project is greater than or equal to five acres in area,
the Commission must provide project review.
o For these projects, development must meet the Commission’s rate, quality and
volume requirements for the entire site.
City of New Hope August 2018
Local Surface Water Management Plan Page 44
• Where a development or re-development is greater than ½ acre but less than one acre in
size, City project review is required.
o For development projects, the first inch of runoff from all impervious surface must be
abstracted.
o For re-development projects, permanent water quality BMPs must be incorporated.
• Where a development or re-development is greater than or equal to one acre but less than
five acres in size, City project review is required.
o For development projects, the Commission rate, quality and volume requirements
must be met for the entire site.
o For re-development projects that disturb less than 50% of the site, the Commission
rate, quality and volume requirements for the disturbed area must be met.
o For re-development projects that disturb greater than or equal to 50% of the site, the
Commission rate, quality and volume requirements for the entire site must be met.
For detached, single-family residential land uses:
• Where a development is greater than or equal to one acre but less than fifteen acres in size,
City project review is required.
o For development projects, the Commission rate, quality and volume requirements
must be met for the entire site.
o For re-development projects that disturb less than 50% of the site, the Commission
rate, quality and volume requirements for the disturbed area must be met.
o For re-development projects that disturb greater than or equal to 50% of the site, the
Commission rate, quality and volume requirements for the entire site must be met.
• Where a development or re-development is greater than or equal to fifteen acres in size,
Commission project review is required.
o For these projects, the Commission rate, quality and volume requirements must be
met for the entire site.
BASSETT CREEK WATERSHED MANAGEMENT COMMISSION (BCWMC)
Within the Bassett Creek Management Commission (BCWMC) jurisdictional area (see Figure 3.1
for WMC boundaries), project review by the BCWMC is not required for the following:
• Proposed projects that result in less than 200 cubic yards of cut and fill and less than 10,000
square feet of land disturbance.
• Maintenance of projects (seal coating and pavement overlays, sediment and debris removal
from crossings and stormwater ponds, etc.) that do not trigger land disturbance criteria.
• Single family home sites that are exempt from Erosion and Sediment Control review. Single
family home sites must comply with the other requirements and be reviewed by the BCWMC
if they meet the review triggers.
• Proposed linear projects that result in less than one acre of land disturbance.
Within the Bassett Creek Watershed Management Commission (BCWMC) jurisdictional area,
project review by the BCWMC, following review and approval by the City, is required for the following:
• Proposed, non-linear or linear projects containing one or more acres of new and/or fully
reconstructed impervious surfaces must meet the Commission’s rate requirements.
City of New Hope August 2018
Local Surface Water Management Plan Page 45
• New development, redevelopment and linear projects must meet the BCWMC
performance goals for water quality (linear project requirements revised May 2017).
Proposed linear projects disturbing less than one acre will be reviewed by the cities.
Linear projects disturbing one or more acres shall be submitted to the BCWMC for
review. Proposed linear projects disturbing more than five acres will require action at the
BCWMC meeting. For more details, see current BCWMC regulations (revised May 2017).
7.2 SURFACE WATER MANAGEMENT GOALS AND POLICIES
The following goals and policies reflect current City policy and the City’s current SWPPP, as well as
additional goals and policies necessary for consistency with the goals and policies of local watershed
management organization, state agencies, and other applicable regulatory agencies:
7.2.1 WATER Q UANTITY AND FLOOD CONTROL
Goal 1: Control the rate of stormwater runoff from development and redevelopment
development to minimize the impact on downstream structures and water resources.
Policy 1.1: Peak stormwater runoff rates from new development, redevelopment, linear projects,
and site expansion projects may not exceed the existing rates for the 2-year, 10-year, and 100-
year storm events; or the capacity of downstream conveyance facilities; or contribute to
downstream flooding.
Policy 1.2: Review and update City Ordinance as necessary to ensure consistency with the
City’s rate control standard, as identified in Policy 1.1.
Policy 1.3: Continue to enforce the 10-year rainfall event as the minimum criteria f or all
stormwater conveyance facility designs.
Policy 1.4: In addition to the 10-year storm sewer design criteria for local systems, the capacity
to convey the 100-year ponded outflow rate from stormwater ponds directly connected to the
system should also be provided.
Policy 1.5: Existing stormwater conveyance facilities that do not provide a 10-year level of
service, plus upstream 100-year ponded outflows should be upgraded, where practical.
Policy 1.6: Base all drainage system analyses and designs on proposed full-development land
use patterns.
Policy 1.7: Where other rate control standards are specified by the SCWMC or BCWMC, the City
will help to enforce SCWMC or BCWMC standards.
Goal 2: Provide a reasonable level of stormwater flood protection within the City to minimize
property damage and limit public capital and maintenance expenditures due to
stormwater flooding.
Policy 2.1: Review and update as necessary the City’s Floodplain Overlay District Ordinance as
required by FEMA and the Minnesota DNR (MnDNR), or as needed for compliance with
watershed standards, to ensure adequate protection for structures and eligibility for flood
insurance programs.
Policy 2.2: Structure low floor elevations hydraulically connected stormwater basins or
conveyance facilities shall be a minimum of 2 feet above the established 100-year High Water
Level of the adjacent basin or facility.
City of New Hope August 2018
Local Surface Water Management Plan Page 46
Policy 2.3: Establish and maintain overflow routes from stormwater basins and low areas to
provide relief during storm conditions which exceed design conditions, where possible.
Policy 2.4: Properly design, operate, and maintain the surface water system . Strictly enforce City
ordinances regulating floodplain development.
Policy 2.5: Preserve existing storage capacities of City and jurisdictional watershed flood control
and trunk facilities.
Policy 2.6: Prohibit encroachment that will reduce the storage capacity of floodplains, unless
approved by the jurisdictional watershed and floodplain mitigation (compensatory storage) and/or
channel modification is provided.
Policy 2.7: Permanently protect surface water impoundments and drainage systems by requiring
the dedication of land and/or protective easements as required.
Policy 2.8: Continue emergency flood response program for the City to minimize damage to
property.
Policy 2.9: Regulate land development within the Floodplain Overlay District to ensure that
floodplain capacity and flood elevations are not adversely impacted by development, and that
new structures are protected from damage.
Policy 2.10: Where other floodplain standards are specified by the SCWMC or BCWMC, the City
will help to enforce SCWMC or BCWMC standards.
7.2.2 SURFACE WATER Q UALITY
Goal 3: Improve the quality of stormwater runoff discharging to the City’s lakes, streams, and
wetlands.
Policy 3.1: Review and update City Ordinance as necessary to ensure that water quality
treatment standards are consistent with the City’s stormwater management program.
Policy 3.2: The City is committed to reviewing new development, redevelopment, and site
expansion projects in the context of non-degradation and will require BMPs necessary to maintain
or reduce existing total phosphorus, total suspended solids, and stormwater runoff volume loads
discharging to public waters and watercourses, where feasible.
Policy 3.3: The City will require SCWMC and BCWMC standards for water quality:
• In areas of the City where SCWMC has jurisdiction, stormwater must be treated prior to
discharge to remove 60% of total phosphorus (TP) and 85% of total suspended solids
(TSS) using either permanent sedimentation and water quality ponds consistent with
NURP design standards. A permanent wet pool with dead storage of at least the runoff
from a 2.5-inch storm event must be provided.
• In areas of the City where BCWMC has jurisdiction, to demonstrate compliance with the
BCWMC performance goals, the MIDS calculator must be used to demonstrate volume
reduction, total phosphorus removals, and total suspended solids removal at the site. For
more details, refer to Section 6.3.1 of the BCWMC Requirements for Improvements and
Development Proposals.
Policy 3.4: If the City determines that on-site water quality treatment for new development,
redevelopment, or site expansion projects is not feasible due to site or efficiency limitations, the
developer will be responsible for a water quality cash dedication to fund water quality
City of New Hope August 2018
Local Surface Water Management Plan Page 47
improvements near the proposed site. Details regarding the cash dedication cost calculation are
provided in Section 6.8 and Appendix C.
Policy 3.5: Adopt the waterbody classifications and subsequent water quality management
standards developed by the SCWMC and BCWMC. The City will work to meet appropriate water
quality goals as outlined by the two watershed management organizations having jurisdiction in
the City.
Policy 3.6: Consistent with City Ordinance, Section 8-32, the City prohibits the application of
fertilizer which contains any amount of phosphorus or other compound containing phosphorus,
such as phosphate, except when an exemption included in Section 8-32 can be claimed.
Policy 3.7: Prohibit the discharge of foreign material into the stormwater system . Such material
shall include, but not be limited to, waste oil, paint, grass clippings, leaves, and ecologically
harmful chemicals. This policy is consistent with the MS4 Program and is outlined in the City’s
SWPPP.
Policy 3.8: Prohibit the discharge of sanitary sewage or non-permitted industrial wastes onto land
or into any watercourse discharging into Bassett Creek.
Policy 3.9: Continue training public works staff related to a spill clean-up response focusing on
containing, neutralizing, and properly disposing of spilled materials to prevent discharge of spilled
materials into the storm sewer system. This policy is consistent with the MS4 Program and is
outlined in the City’s SWPPP.
Policy 3.10: Continue to address the proper application of pesticides, herbicides, and fertilizers
through internal City staff training and public education. This policy is consistent with the MS4
Program and is outlined in the City’s SWPPP.
Policy 3.11: Continue street sweeping and maintenance of detention ponds and pond inlet and
outlet structures according to the schedule outlined in the City’s SWPPP.
Policy 3.12: Assess the need to develop a specific spill containment cleanup plan for the City.
Policy 3.13: In accordance with the City’s SWPPP, the City will assess the need to develop other
necessary management programs, as necessary.
Policy 3.14: Illicit connections and discharges to the City of New Hope’s Municipal Separate
Storm Sewer System (MS4) are prohibited. Refer to the City of New Hope’s City Code Chapter 5,
Section 9 – Illicit Discharge or Connection to Stormwater System, for more information.
Policy 3:15: Per the MS4 Permit, new development and redevelopment projects with land
disturbance greater than or equal to one acre, including projects less than one acre that are part
of a larger common plan of development or sale, within the permittee’s jurisdictions and that
discharge to the City’s MS4, must follow the Post-Construction Stormwater Management
requirements as outlined in the MS4 Permit.
Goal 4: Address the target pollutants identified in TMDL plans to improve the quality of
impaired waters.
Policy 4.1: Amend City practices and stormwater management standards as necessary to
implement the pollutant load reductions identified in TMDL plans for impaired waters.
Policy 4.2: Use the findings of TMDL plans to guide the stormwater management strategies for
development and redevelopment projects tributary to impaired waters.
City of New Hope August 2018
Local Surface Water Management Plan Page 48
Policy 4.3: The City recognizes that the responsibility for completion and implementation of the
TMDL studies lies with the primary stakeholders contributing to the impairment. The City intends
to cooperate with local WMOs in the development of the TMDL studies, acknowledging that the
WMOs will take the lead on these studies. It is the intention of the City to fully implement the
items/actions identified in future TMDL Implementation Plans, funding the implementation
items/actions as necessary.
7.2.3 GROUNDWATER Q UALITY AND RUNOFF VOLUME MANAGEMENT
Goal 5: Reduce pollutant loads to waterbodies and encourage groundwater recharge and
protection by reducing the volume of stormwater runoff from development,
redevelopment, and street reconstruction projects.
Policy 5.1: The City shall require that volume management standards are met in the City, based
on SCWMC and BCWMC standards.
• In areas that SCWMC has jurisdiction, the volume management standard is that
abstraction must be provided onsite in the amount equivalent to one inch of runoff from
impervious surface for at least 48 hours. This standard applies to development projects
on more than one acre requiring project review, or redevelopment projects disturbing less
than 50 percent of the site must meet the requirement only for the disturbed area. If
infiltration is infeasible due to site constraints, other SCWMC standards for filtration must
be followed.
• In areas that BCWMC has jurisdiction, the following applies:
o For new developments creating more than one acres of new impervious surface,
1.1 inches of runoff from impervious surface must be retained on site.
o For redevelopments creating more than one acre of new and/or fully
reconstructed impervious surface, 1.1 inches of runoff from new and/or fully
reconstructed impervious must be retained on site.
o For linear projects creating one or more acres of new or fully redeveloped
impervious surface, 1.1 inches of runoff from net new or fully reconstructed
impervious surface must be retained on site. For more details, refer to Section
5.0 of the BCWMC Requirements for Improvements and Development
Proposals.
In some cases, infiltration will be infeasible due to soil conditions, depth to groundwater table, and
groundwater protection concerns. Other methods of runoff volume abstraction that achieve a level
of benefit equivalent to the infiltration standards could also be used, pending City approval.
Policy 5.2: Review and update as necessary current City ordinances to incorporate new WMC
volume management standards.
Policy 5.3: Where possible, development and redevelopment should limit the addition of
impervious surfaces where feasible when constructing or reconstructing streets and other hard
surfaces.
Policy 5.4: Encourage soil amendment procedures following mass grading activities, including
deep ripping of soils to a depth of 18-inches, to re-establish the pre-development infiltrative
capacity of the soil.
Policy 5.5: The City will help to enforce other SCWMC and BCWMC standards where applicable.
City of New Hope August 2018
Local Surface Water Management Plan Page 49
7.2.4 RECREATION, FISH AND WILDLIFE HABITAT, AND SHORELAND MANAGEMENT
Goal 6: To protect and enhance opportunities for water recreation.
Policy 6.1: Coordinate efforts with state, county and neighboring municipalities to enhance
water-based recreation to the extent practical.
Goal 7: To protect and enhance fish and water related wildlife habitats.
Policy 7.1: Preserve protected waters and wetlands that provide habitat for fish spawning and
wildlife to the extent feasible.
Policy 7.2: Coordinate efforts to protect threatened and endangered species with the Minnesota
Department of Natural Resources.
Policy 7.3: Coordinate efforts to protect areas of significant natural communities with the
Minnesota Department of Natural Resources.
Policy 7.4: Management practices shall promote and encourage the use of streams and lakes as
wildlife corridors.
Policy 7.5: Continue to address the proper application of pesticides, herbicides, and fertilizers
through internal City staff training and public education. This policy is consistent with the City’s
SWPPP, Minimum Control Measure 1 (Public Education and Outreach).
Goal 8: Conserve and protect shoreland areas within the City.
Policy 8.1: Regulate land development within the Shoreland Permit Overlay District to minimize
impacts as specified in City Code.
Policy 8.2: Review and update as necessary the City’s current Shoreland Permit Overlay District
Ordinance to verify the com patibility with the ordinance standards as set forth by the Minnesota
Department of Natural Resources.
Policy 8.3: Management efforts will seek to protect non-disturbed shoreland areas and restore
disturbed shorelines and streambanks to their natural state, where feasible.
Policy 8.4: Management efforts will seek to preserve streambank and lakeshore vegetation
during and after construction projects and create buffer zones along shorelines where natural
vegetation is maintained.
Policy 8.5: The City will help to enforce SCWMC and BCWMC buffer regulation, as well as other
shoreland standards outlined by these two agencies.
7.2.5 WETLAND AND L AKE MANAGEMENT
Goal 9: Protect and preserve wetlands to maintain or improve their function and value.
Policy 9.1: Continue to administer WCA responsibilities within the City to ensure no net loss of
wetland functions and values.
Policy 9.2: Update the City’s latest Wetland Inventory and Management Plan to fully comply with
local WMO WMPs and Metropolitan Council requirements identified in the 2040 Water Resources
Management Policy Plan.
City of New Hope August 2018
Local Surface Water Management Plan Page 50
Policy 9.3: Review and update as necessary City wetland ordinances and standards in
accordance with the local watershed authorities' management plans.
Policy 9.4: Wetland alterations, where allowed, shall be based on no net loss. If the impact of an
alteration is unavoidable, it should be mitigated through replacement, wetland restoration, and/or
improvements to existing wetland function and value.
Policy 9.5: Coordinate wetland regulation with review agencies - the City, the State, the U.S.
Army Corps of Engineers, and the local watershed authorities.
Policy 9.6: Require that, prior to development activities or public projects, a wetland delineation
must be completed, including a field delineation and report detailing the findings of the
delineation.
Policy 9.7: Identify and implement opportunities to enhance the functions and values of degraded
wetlands within the City, as a part of park projects, infrastructure projects, or other projects where
practical.
Policy 9.8: Encourage natural buffer zones around ponds, wetlands and streams. Buffer areas
should not be mowed or fertilized, except that harvesting of vegetation may be performed to
reduce nutrient inputs and provide weed control. For development and redevelopment projects
that require a review by the SCWMC, a buffer is required adjacent to a protected water, wetland,
or stream. In areas of the City that require review from the BCWMC, Appendix B of the BCWMC
Requirements for Improvements and Development Proposals should be referenced for buffer
requirements.
Policy 9.9: Require that new development or redevelopment runoff be pre-treated prior to
discharge to wetlands.
Policy 9.10: When feasible, the City will annually inspect wetlands classified as “preserve” for
terrestrial and emergent aquatic invasive vegetation, and attempt to control or treat invasive
species.
Policy 9.11: Where other standards applicable to wetlands are specified by the SCWMC or
BCWMC, the City will require SCWMC or BCWMC standards be followed. For more details, refer
to Sections 2.9.1 and 4.7.1 of the BCWMC Requirements for Improvements and Development
Proposals.
Goal 10: Manage lakes and creeks to improve water quality.
Policy 10.1: Continue to work with the BCWMC to implement 1996 Northwood Lake Watershed
and Lake Management Plan.
Policy 10.2: Continue to work with the SCWMC to achieve the water quality goals f or Meadow
Lake as identified in the 2006 Water Quality Plan, and coordinate implementation efforts for the
future TMDL plan and implementation strategy to improve the water quality of Meadow Lake.
Policy 10.3: Upon approval of a TMDL Implementation Plan for the impaired waters identified in
Table 6.3, the City will review whether modifications to the City’s SWPPP are warranted to
address the TMDL Waste Load Allocation (WLA) identified by the TMDL process. The SWPPP
update process to address TMDL WLAs and implementation activities follows the direction of the
City’s MS4 Permit. The City intends to coordinate TMDL implementation efforts with outside
agencies to address the items identified in the TMDL Implementation Plans.
7.2.6 EROSION AND SEDIMENT CONTROL, MONITORING, AND MAINTENANCE
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Local Surface Water Management Plan Page 51
Goal 11: Prevent sediment from construction sites from entering the City’s surface water
resources.
Policy 11.1: Periodically review the Erosion and Sediment Control Ordinance and make revisions
as necessary to meet the requirements of the applicable regulatory authorities.
Policy 11.2: Require that, for construction activities that result in land disturbance of equal to or
greater than one acre, landowners obtain an NPDES General Permit for Construction Stormwater
Management from the MPCA. Ensure that erosion control plans are created and implemented.
Policy 11.3: Require that erosion and sediment control conform to the standard practices
contained in the Minnesota Stormwater Manual (most recent update).
Policy 11.4: Encourage preservation of natural vegetation to the maximum extent practical.
Policy 11.5: Require that the time that construction areas remain exposed is minimized by
phasing construction activities and establishing temporary and permanent vegetation.
Policy 11.6: Require that sediment discharge is prevented by protecting existing storm drain
inlets and conveyance systems, stockpiling soil in protected areas and constructing permanent
sediment forebays upstream of basins and water bodies.
Policy 11.7: Require that stormwater inlets are designed to prevent debris from entering the
conveyance system and impeding the flow path.
Policy 11.8: Continue to enforce the existing Erosion and Sediment Control Ordinance on all
construction sites with a development agreement and an appropriate bond. Require erosion and
sediment control on other sites experiencing erosion problems. Minimize runoff velocities and
maximize natural cover to reduce erosion.
Policy 11.9: Continue the City’s inspection program for construction sites to ensure compliance
with the City's Erosion and Sediment Control regulations. In areas undergoing construction
activities, the cost of sweeping sediment from the streets generated by development shall be
borne by the developer and/or owner. The program shall include inspection following installation,
severe rain storms, and prior to seeding deadlines.
Policy 11.10: Where other erosion or sediment control standards are specified by the SCWMC or
BCWMC, the City will help to enforce SCWMC or BCWMC standards.
Goal 12: Maintain the function and effectiveness of stormwater management structures
through monitoring and maintenance.
Policy 12.1: Inspect and monitor the construction and installation of all new stormwater facilities
and require that such facilities be surveyed to create as-built drawings.
Policy 12.2: Require developers to provide a minimum one-year guarantee that stormwater
management facilities are properly installed, maintained and functioning.
Policy 12.3: Inspect and maintain City stormwater facilities, with minimum inspection and
maintenance responsibilities as follows:
1. Maintenance activities include but are not limited to removal of floating material, clearing
of blocked inlets, pipes or structures, street sweeping to remove debris and litter,
repairing eroded ground, reestablishing ground cover and dredging sediment from ponds.
City of New Hope August 2018
Local Surface Water Management Plan Page 52
2. The City will inspect stormwater management facilities after major precipitation events
and in response to complaints or input from the public or other government agencies.
Certain facilities will be inspected more frequently as warranted.
3. The City will keep records of inspections and maintenance including dates, observations
and actions taken.
4. For stormwater retention basins receiving direct runoff from an area that has been
disturbed for development, the City will complete visual inspection and determination of
storage volume at least annually for five years from the end of construction. For other
basins, visual inspection will be completed annually, and determination of storage volume
will be completed at least every five years. If the basin is designed with a forebay, the
storage volume will be determined for the forebay only, unless it is found to be reduced
by 50 percent. When basin storage volume has been reduced by 50 percent, within one
year of inspection the sediment will be removed from the basin to restore the original
volume, and vegetation will be restored in disturbed areas.
5. The City will inspect grit chambers, sump catch basins, sump manholes, inlet and outlet
structures, culverts and other stormwater management facilities that are not functioning
as designed according to the maintenance frequencies in the City’s SWPPP.
Policy 12.4: Provide stream maintenance and repairs when the maintenance and repair work is
primarily aesthetic in nature.
Policy 12.5: Where other stormwater management structure monitoring and maintenance
standards are specified by the SCWMC or BCWMC, the City will require SCWMC or BCWMC
standards be followed. For more details, refer to Section B.2 of the BCWMC Requirements for
Improvements and Development Proposals.
7.2.7 PUBLIC PARTICIPATION, COORDINATION AND EDUCATION
Goal 13: Coordinate the implementation of stormwater management efforts with watershed
management organizations, adjacent municipalities, Hennepin County, and residents.
Policy 13.1: Coordinate on-going public education and outreach programs with the local watersheds,
and other governmental agencies designed to bring awareness to the City’s stormwater management
goals and policies. This policy is consistent with goals addressed in the City’s SWPPP, Minimum
Control Measure 1 (Public Education and Outreach) and Minimum Control Measure 2 (Public
Participation and Involvement).
Policy 13.2: Continue the training program for all City staff, especially Public Works, regarding
threats to water quality and how best to address these problems. This policy is consistent with goals
addressed in the City’s SWPPP, Minimum Control Measure 6 (Pollution Prevention/Good
Housekeeping for Municipal Operations).
Policy 13.3: Communicate with the BCWMC and SCWMC regarding the implementation, schedule,
and funding of the stormwater management improvements identified in the LSWMP and Watershed
Management Plans.
Policy 13.4: Work with adjacent municipalities and the watersheds in planning and implementing
mutually beneficial regional stormwater management improvements.
Policy 13.5: Continue the City’s public education program for landowners to promote the use of
BMPs to improve and protect surface water and groundwater quality. The City encourages residents
and landowners to practice environmental friendly lawn care and to encourage the use of native
plantings or natural landscapes, where practical. This policy is consistent with goals addressed in the
City’s SWPPP, Minimum Control Measure 6 (Pollution Prevention/Good Housekeeping for Municipal
Operations).
City of New Hope August 2018
Local Surface Water Management Plan Page 53
Policy 13.6: Promote citizen and volunteer efforts to protect, restore and enhance local water and
natural resources. This policy is consistent with goals addressed in the City’s SWPPP, Minimum
Control Measure 2 (Public Participation and Involvement).
Policy 13.7: Utilize available mediums (newsletter, public meetings, TV broadcasts, the City’s
Comprehensive Plan, interpretive elements at parks or open spaces) to inform the City’s residents
about the value of local water resources, the effects of stormwater runoff, and opportunities for
stewardship of water and natural resources. This policy is consistent with goals addressed in the
City’s SWPPP, Minimum Control Measure 1 (Public Education and Outreach).
Policy 13.8: W ork with local watershed management organizations, Hennepin County, and others
where appropriate and as resources are available to participate in resource management plans or
studies that benefit water and natural resources.
Policy 13.9: Coordinate proposed development and redevelopment project reviews with the local
watershed management organizations.
7.2.8 FUNDING
Goal 14: Secure adequate funding to support implementation of the local surface water
management plan (LSWMP).
Policy 14.1: Fund LSWMP implementation items with revenue from the City’s stormwater utility.
Periodically review stormwater utility rates to determine if current revenues are adequate.
Policy 14.2: Seek grant funds or other resources to assist with special projects or implementation of
LSWMP goals and policies.
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C IT Y OF N EW H OPE – L OC AL SU RF AC E WAT ER M AN AGE M ENT PL AN
SECTION 8 – IMPLEMENTATION
8.1 GENERAL
The City has developed an implementation program based on the information developed in earlier
sections of this Local Surface Water Management Plan. This program reflects the needs and
concerns of many stakeholders including the City Council, City Staff, citizens, and local watershed
management organizations.
This section summarizes the implementation items identified in Sections 6 and 7 of this LSWMP,
prioritizes these items, and presents a preliminary cost estimate to complete the items based on the
best available information. It should be noted that estimated costs presented in the section are
preliminary only and are presented for long-term budget planning purposes.
8.2 RECOMMENDED ACTIONS FOR OFFICIAL CONTROLS
Official controls (codes and ordinances) are necessary tools supporting implementation of this Local
Surface Water Management Plan. Over time, existing ordinances must be updated to remain
consistent with stormwater management goals, policies, and practices. To address the need to review
and update City Code, many of the stated goals and policies in this plan specifically reference City
ordinances that exist or need to be created. Also, the City’s MS4 permit includes a summary of
ordinances required to comply with NPDES requirements and the ordinances are reflected in the
City’s SWPPP. Table 8.1 identifies City ordinances related to surface water management and
includes any recommendations for updates to these ordinances as identified in Section 7.
Table 8.1 - Surface Water Management Related Ordinances
Section Description Review and Update Recommendation
Section 4-3(j) Grading, erosion and sediment
control regulations Review and update per City Policy 11.1
Section 4-25 Shoreland Permit Overlay District Review and update per City Policy 1.2, 2.1, 8.1, and 8.2
Section 4-26 Floodplain District Review and update per City Policy 2.1
Section 4-35 Administration – Site Plan Review Review and update per City Policy 11.1
Section 5-1(d) Discharge of Surface Waters into
Sanitary Sewer No update is necessary
Section 5-3(e),
Section 14-
50(11)
Stormwater Utility Review and update per City Policy 14.1
Section 5-7 Drainage No update is necessary
Section 6-10 Dispersion of Percolating Waters No update is necessary
Section 8-32 Lawn Fertilizer Application Control No update is necessary
Section 13-5
(e,f)
Erosion and Sediment Control,
Drainage
Review and update per City Policy 1.2, 2.1, 3.1, 5.2, and
11.1
Section 14-70 Watershed Management Tax District No update is necessary
City of New Hope August 2018
Local Surface Water Management Plan Page 56
8.3 SYSTEM IMPROVEMENT PROJECTS
From the assessment of the City’s current stormwater management program comes the identification
of existing stormwater management issues as presented in Table 6.2. Table 8.2 identifies the system
improvement projects from Table 6.2 the City considers to be high or medium priority projects. The
system improvements identified in the table below range from those being driven by increased
regulatory requirements (e.g. TMDLs), to others driven by the functionality of the City’s regional
stormwater management system.
Table 8.2 – Past and Future Priority System Improvement Projects
Major
Drainage
Area ID
Project Description Comments
Complete or
Future
Improvement
SC-A3
Wincrest Pond
(SC-P3.4)
improvements
Reroute Winnetka Avenue
storm sewer and excavate
additional wet ponding volume
to provide greater treatment
efficiency.
• 25% project funding
included in 2008 Shingle
Creek WMC CIP
• Identified as an
implementation item in the
Twin and Ryan Lakes
Nutrient TMDL
Complete
SC-A5
45th Avenue
pond (SC-
P5.12)
improvements
Expand flood storage,
excavate wet volume, and
restrict discharge out of the
45th Avenue pond (SC-P5.12).
• 25% project funding
included in 2009 Shingle
Creek WMC CIP
• Identified as an
implementation item in the
Twin and Ryan Lakes
Nutrient TMDL
Complete
SC-A5
45th and Xylon
Avenues
storm sewer
improvements
Provide additional trunk storm
sewer capacity from
intersection to 45th Avenue
pond
(SC-P5.12).
• Additional storm sewer
capacity to be completed
with future improvements
within the Civic Center
Park Area (SC-A5.1)
Complete
SC-A5
42nd Avenue
railroad
underpass
improvements
Reroute local storm sewer
flows along 42nd Avenues at
Nevada Avenue and Oregon
Avenue away from the trunk
system serving this
intersection.
N/A Future
SC-A5
Civic Center
Park
improvements
(SC-A5.7)
Provide additional storm sewer
capacity and treatment during
park and pool improvements.
N/A Future
SC-A6
Basin SC-P6.8
water quality
improvements
Construct ponds SC-P6.14 and
SC-P6.16 to provide water
quality treatment prior to
discharging into Basin SC-P6.8.
N/A Future
SC-A7
Boone Avenue
and East
Research
Center Road
storm sewer
improvements
Upsize existing 36” storm
sewer to provide additional
trunk pipe capacity immediately
downstream of the intersection.
N/A Complete
BC-A2
Basin BC-
P2.5A water
quality
improvements
Construct pond BC-P2.5C to
provide water quality treatment
prior to discharging into Basin
BC-P2.5A.
N/A Complete
City of New Hope August 2018
Local Surface Water Management Plan Page 57
BC-A3
Basin BC-
P3.15A water
quality
improvements
Construct pond BC-P3.15C to
provide water quality treatment
prior to discharging into Basin
BC-P3.15A.
N/A Complete
BC-A4
Terra Linda
Drive
emergency
overflow
improvements
Lower/widen the existing
overland overflow from Terra
Linda Drive.
N/A Complete
BC-A4
Medicine Lake
Road/Rosayln
Court Flood
Improvements
Construction additional storm
water capacity.
Improvements would be
part of the overall DeCola
Ponds Flood Mitigation
Projects in Golden Valley
Future
8.4 WETLAND INVENTORY AND ASSESSMENT
Implementation Priority Item: The Metropolitan Council’s 2040 Water Resources Management Policy
Plan, the Shingle Creek Watershed Management Plan, and the Bassett Creek Watershed
Management Plan all require that New Hope complete a Wetland Management Plan, including a
functions and values assessment for wetlands within the City.
Measures Necessary to Implement the Priority Item: The City of New Hope completed a Wetland
Inventory and Management Plan in 1999, including a field inventory of all wetlands identified in the
City and an evaluation of the functions and values of each wetland. Based on this information, the
City intends to complete the required Wetland Management Plan (including a functions and values
assessment), consistent with the directive of City Policy 9.2. In addition, the following items will be
included in this document to comply with the requirements of the agencies identified above:
• Require that wetland mitigation should be provided within the same subwatershed.
• Establish buffer strip requirements adjacent to wetlands and watercourses.
• Identify wetland restoration possibilities and construct or encourage the construction of
restoration projects.
• Within the SCWMC wetland functions and values must be assessed at the time any action is
taken that may require a delineation of that wetland.
8.5 TWIN AND RYAN LAKES TMDL
Implementation Priority Item: The Twin and Ryan Lakes Nutrient TMDL and Implementation Plan was
approved by the US EPA in November 2007. TMDL study addresses a nutrient impairment in the
Twin Lake chain of lakes.
Measures and Timeline Necessary to Implement the Priority Item: Waste Load and Load Allocations
to meet State standards indicate that nutrient load reductions ranging from 0-76 percent would be
required to consistently meet standards under average precipitation conditions. Each stakeholder
agreed that nutrient loading must be reduced, but that as fully developed cities, options for retrofitting
BMPs were limited. Each stakeholder agreed to evaluate and include nutrient-reduction BMPs in
street and highway projects, and to consider opportunities such as redevelopment to add or upsize
BMPs.
The TMDL study and this Implementation Plan identified specific improvements to reduce external
and internal phosphorus load. Currently, the improvements to the Wincrest Pond (SC-P3.4) and 45th
Avenue Pond (SC-P5.12) are included as projects to be completed within the first five years. These
and others are “short term” projects that could be accomplished in coming 10-20 years. However,
these projects alone will not be sufficient to achieve water quality goals in these lakes. An essential
“long-term” component of this Implementation Plan is to routinely retrofit BMPs in this fully developed
City of New Hope August 2018
Local Surface Water Management Plan Page 58
watershed as redevelopment or new construction provide opportunities. The long-term components
impacting the City of New Hope include, increased infiltration requirements for new and
redevelopment projects, wildlife management, street sweeping, and road salt reductions.
8.6 SHINGLE CREEK TMDL
Implementation Priority Item: The Shingle Creek Chloride TMDL has been approved by the MPCA
and an Implementation Plan has been completed. The TMDL analysis determined that the majority of
chloride in the Shingle Creek watershed is derived from nonpoint sources including road deicing,
commercial and industrial deicing, and fertilizer application, with the primary source being road salt
and salt substitutes applied to the dense network of local roads and county and state highways in the
watershed.
The activities and BMPs identified in the implementation plan are the result of a series of stakeholder
working meetings led by the Shingle Creek Watershed Management Commission. Representatives
from cities (including New Hope), MnDOT, Hennepin County, and regulatory agencies met multiple
times to discuss the TMDL requirements, BMPs and technologies available to address chloride,
public safety, and the feasibility of implementing the activity (from the Shingle Creek Chloride TMDL
Implementation Plan) As a result of these meetings, New Hope identified their current efforts and
proposed BMPs/activities for managing the City’s winter road salt supply within five categories:
1. Product Application Equipment and Decisions
2. Product Stockpiles
3. Operator Training
4. Clean-up/Snow Stockpiling
5. Ongoing Research into Salt Alternatives
Measures and Timeline Necessary to Implement the Priority Item: The TMDL concluded that an
overall 71% reduction in chloride load to Shingle Creek must be achieved to meet State chloride
concentration standards. The Implementation Plan for this TMDL includes tables identifying the City’s
current activities and proposed BMPs or activities related to road deicing. The information from these
tables is as follows:
City of New Hope August 2018
Local Surface Water Management Plan Page 59
Table 8.3 - Shingle Creek Chloride TMDL Implementation Measures
BMP Category New Hope Current Activities New Hope Proposed
BMPs/Activities
Product Application
Equipment and
Decisions
3:1 salt/sand Annually calibration of
spreaders Computerized sanders
Truck temperature sensors – air and
pavement
Continued research Turnover = 12 years
Product Stockpiles Enclosed building on impervious surface,
detention pond At maximum extent practicable
Operator Training Operators use their own judgment using
truck sensors
Provide training
Annually calibration of
spreaders
Clean-up/Snow
Stockpiling
Plow as soon as possible
Evaluate annually Minimal hauling
Sweep streets in spring and fall
Ongoing Research into
Salt Alternatives
Investigate new products, equipment, and
methods
Use Clear Lane product in
2008-09
In addition to the Proposed BMPs/Activities identified in Table 8.3, New Hope is committed to tracking
and reporting these activities in their annual NPDES report. A copy of this report will be provided to
the Shingle Creek Watershed Management Commission.
8.7 UPPER MISSISSIPPI RIVER BACTERIA TMDL
Implementation Priority Item: The Upper Mississippi Bacteria TMDL and Protection Plan was
approved by the US EPA in November 2014. TMDL study addresses an E. coli. impairment in the
Upper Mississippi River.
Measures and Timeline Necessary to Implement the Priority Item: Water quality analysis and bacteria
load studies indicate that bacteria load reductions ranging from 69 percent from the Shingle Creek
reach would be required to consistently meet standards under average precipitation conditions.
The TMDL study identified specific implementation strategies which could reduce bacteria loading to
Shingle Creek, including source control, education, maintenance, and treatment BMPs. These
strategies and their effectiveness are further discussed in the TMDL, and will be further outlined in a
more detailed Implementation Plan. The City will continue to implement BMPs in accordance with
their MS4 permit.
8.8 TWIN CITIES METROPOLITAN AREA CHLORIDE TMDL
Implementation Priority Item: The Twin Cities Metropolitan Area Chloride TMDL Study was approved
by the US EPA in June 2016. TMDL study addresses Chloride impairment in the Twin Cities Metro
area.
Measures and Timeline Necessary to Implement the Priority Item: The TMDL study identified broad
implementation strategies which could reduce chloride loading to water resources, but because there
are no safe and cost-effective alternatives to using salt for de-icing, a performance based approach is
recommended. Under this approach, focus is directed toward the implementation of BMPs, rather
than meeting a specific reduction number. A sample of the recommended BMPs include: calibrating
equipment, using liquid instead of dry salt, developing a Winter Maintenance Policy/Plan, providing
training, storing salt indoors on an impermeable pad, and using anti-ice measures before weather
events. In accordance with the performance-based approach, the City will continue to implement
BMPs per their MS4 permit.
City of New Hope August 2018
Local Surface Water Management Plan Page 60
8.9 NPDES IMPLEMENTATION
As discussed in Section 6.5, the City of New Hope is designated as an NPDES Phase II MS4
community. As part of New Hope’s application to obtain permit coverage, the City’s Stormwater
Pollution Prevention Plan (SWPPP) identifies many specific implementation items related to surface
water management in New Hope. While it is not the City’s intent to reproduce the specific
implementation items from their SWPPP in this LSWMP (a copy of the current SWPPP can be
obtained by contacting City Hall), the specific items identified in the SWPPP can be lumped into
implementation categories, including:
• Education and outreach to City staff and residents
• Ordinance reviews and updates
• System inspection and maintenance activities
• Plan review procedures and standards
• Reporting procedures
• System improvements
Many of the specific implementation items identified in the SWPPP are consistent with other
implementation activities included in this section of the LSWMP.
8.10 OPERATION AND MAINTENANCE
New Hope’s existing stormwater management system represents a major investment for the City of
New Hope. The ongoing maintenance of this existing stormwater management system is critical to
protecting this valuable investment. Generally, stormwater system maintenance is funded by the
City’s stormwater utility. The City’s stormwater system maintenance responsibilities include the
following:
• Street sweeping
• Cleaning of catch basins
• Repair of catch basins and manholes
• Assessing pipe condition (typically by televising)
• Inspection of storm sewer inlet and outlet structures
• Excavation of accumulated sediments from ponds
• Structural treatment devices, including sump manholes and grit chambers
The City should continue to evaluate if the existing stormwater utility rates can adequately fund the
maintenance of the existing stormwater management system. Table 8.5 provides the City’s
stormwater system maintenance schedule.
Table 8.4 - Surface Water System Maintenance Schedule
BMP Maintenance Schedule
Catch basins Inspected every 5 years, cleaned out as needed
Trunk storm sewer Jetted on a scheduled rotation
Stormwater ponds Inspected every 5 years, cleaned out as needed
Stormwater pond inlets/outlets Inspected every 5 years, cleaned as needed
Structural treatment devices, including
sump manholes and grit chambers Inspected annually, cleaned as needed
Street sweeping Twice annually
City of New Hope August 2018
Local Surface Water Management Plan Page 61
8.11 IMPLEMENTATION ACTIVITIES
Based on the assessment of the City’s current stormwater management program (Section 6) and
various implementation activities identified in the City’s surface water management policies section
(Section 7), a list of system improvement projects and activities has been identified (see Table 8.5).
This table presents a summary of recommended high and medium -priority surface water
management projects and activities. The budget amounts included in this table should be considered
planning-level cost estimates, with more specific cost estimates to be determined as the project or
activity approaches. If the activity corresponds to a specific subwatershed, that subwatershed is
noted in parenthesis at the end of the activity description.
For capital improvement projects, the City will continue to rely on its very detailed five-year capital
improvement planning process to schedule and plan for funding these projects. This planning process
is updated annually by City staff and reviewed and approved annually by the City Council. The items
listed in Table 8.5 will be used as a reference for particular projects and activities specific to
stormwater and water resources management to be included in the capital improvement planning
process.
Table 8.5 - Implementation Program
Activity
# Activity Activity Description Proposed
Start
Proposed
Funding Source
Budgeted
Cost
1
Review and
Update City
Code
Review and update the
ordinances as necessary per
Table 8.1 to comply with current
stormwater management
standards and rules.
2018 Stormwater utility $10,000
2 Winpark Drive
Improvements
Install storm water treatment and
repair aging infrastructure on
Winpark Drive (BC-A3)
2019 Stormwater utility,
BCWMC grants $420,000
3 City Center
Improvements
Expand flood storage and provide
water quality treatment at the City
Center park (SC-P5.6)
2019 Stormwater utility,
SCWMC grants $400,000
4
Northwood
East area
improvements
Install water quality treatment in
the Northwoods East area (BC-
A3)
2020 Stormwater utility,
BCWMC grants $190,000
5 Public Works
addition
Install water quality treatment and
water storage capacity (SC-P7.7) 2021 Stormwater utility,
SCWMC grants $500,000
6
42nd Avenue
flood
improvements
Provide additional trunk storm
sewer capacity to address
flooding at the CP rail underpass
2021 Stormwater utility,
SCWMC grants $100,000
7
Medicine Lake
Road flood
improvements
Provide additional water storage
capacity near the Roslyn Court
condominiums to address long
term flooding problems at DeCola
Ponds
2021 Stormwater utility,
BCWMC grants $100,000
8
Lions Park
area
improvements
Install water quality treatment in
the Lions Park area (BC-A3) 2021 Stormwater utility,
BCWMC grants $120,000
9
Liberty Park
area
improvements
Install water quality treatment in
the Liberty Park area (SC-A1) 2022 Stormwater utility,
SCWMC grants $140,000
10
Northwood
Central
neighborhood
improvements
Install water quality treatment in
the Northwood Central
neighborhood (BC-A2)
2023 Stormwater utility,
BCWMC grants $150,000
City of New Hope August 2018
Local Surface Water Management Plan Page 62
11
Jaycee Park
neighborhood
improvements
Install water quality treatment and
water storage capacity in the
Jaycee Park neighborhood
2024 Stormwater utility,
BCWMC grants $120,000
12
St. Raphael
neighborhood
improvements
Install water quality treatment in
the St. Raphael neighborhood. 2025 Stormwater utility,
SCWMC grants $130,000
13
Northwood
South
improvements
Install water quality treatment in
the Northwood South
neighborhood.
2026 Stormwater utility,
BCWMC grants $360,000
14
Boone Avenue
storm sewer
improvements
Repair and upsize storm sewer
on Boone Avenue north of Bass
Lake Road.
2027 Stormwater utility,
SCWMC grants $150,000
15
Shingle Creek
TMDL
Implementation
Annual calibration of spreaders
and road deicing product
application and equipment
research.
Ongoing
Stormwater utility,
SCWMC grants,
MPCA TMDL
Implementation
grants
$2,000
annually
16
Public
Education and
Outreach
Program
Coordinate public education and
outreach programs with outside
agencies to provide stormwater
management education
opportunities for City residents.
Ongoing
Stormwater utility,
SCWMC grants,
BCWMC grants
$2,500
annually
17 City Staff
Training
City staff training in the operation,
maintenance and inspection of
stormwater facilities.
Ongoing Stormwater utility $3,500
annually
18
General
Inspection and
Maintenance
Program
General inspection and
maintenance of the City’s
stormwater management system,
including:
• Bi-annual street sweeping
• Inspection and maintenance of
ditches, creeks, and storm
sewer
• Inspection and maintenance of
stormwater basins and outfalls
• Inspection and maintenance of
structural pollution control
devices
Ongoing Stormwater utility $1,100,000
annually
19
MS4 Permit
Annual
Reporting
Annual reporting for MS4 permit
compliance. Ongoing Stormwater utility $10,000
annually
20
Update
Wetland
Inventory and
Management
Plan
Revise the City’s 1999 Wetland
Inventory and Management Plan
to meet requirements for
wetlands in the 2008 planning
cycle.
TBD
Stormwater utility,
SCWMC grants,
BCWMC grants
$14,000
21
Northwood
Lake water
quality
improvements
Implement water quality
improvement projects based on
results of the Northwood Lake
TMDL Study (pending) in
cooperation with the BCWMC.
TBD
when
TMDL is
complete
Stormwater utility,
BCWMC grants,
MPCA TMDL
Implementation
grants
TBD
8.12 POTENTIAL FUNDING
Implementation of the proposed studies, programs, and improvements identified in this section
impacts City’s budget. To quantify this effect, a review of the ability of the City to fund these studies,
programs, and improvements is required.
City of New Hope August 2018
Local Surface Water Management Plan Page 63
Below is a listing of various sources of revenue that the City will attempt to utilize:
• Existing storm water utility.
• Grant and partnership monies possibly secured from various agencies.
• General fund.
• W atershed Management Tax Districts as provided for in Minnesota Statutes Chapter 103B.245
for those projects being completed by or in cooperation with the SCWMC or BCWMC.
• Special assessments for local improvements performed under authority of Minnesota Statutes
Chapter 429.
• Other sources potentially including tax increment financing, tax abatement, state aid, and others.
The City’s stormwater utility fund is the primary source for the studies, programs, and improvements
projects identified in this LSWMP. The City reviews the funding adequacy of their stormwater utility in
conjunction with their five-year Capital Improvement Program update every two years. The next
update to the City’s Capital Improvement Program will occur in 2019.
City of New Hope August 2018
Local Surface Water Management Plan Page 64
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City of New Hope August 2018
Local Surface Water Management Plan Page 65
C IT Y OF N EW H OPE – L OC AL SU RF AC E WAT ER MAN AGE M ENT PL AN
SECTION 9 – ADMINISTRATION
9.1 REVIEW AND ADOPTION PROCESS
Review and adoption of this Local Surface Water Management Plan will follow the procedure outlined
in Minnesota Statutes 103B.235:
After consideration but before adoption by the governing body, each local government unit shall
submit its water management plan to the watershed management organization for review for
consistency with the watershed plan adopted pursuant to section 103B.231.The organization
shall approve or disapprove the local plan or parts of the plan. The organization shall approve or
disapprove the local plan or parts of the plan. The organization shall have 60 days to complete its
review; provided, however, that the watershed management organization shall, as part of its
review, consider the comments submitted to it by the Metropolitan Council pursuant to subdivision
3a. If the organization fails to complete its review within the prescribed period, the local plan shall
be deemed approved unless an extension is agreed to by the local unit.
Concurrently with its submission of its Local Surface Water Management Plan to the watershed
management organization as provided in subdivision 3, each local unit of government shall
submit tis water management plan to the Metropolitan Council for review and comment by the by
the council. The council shall have 45 days to review and comment upon the local plan or parts of
the plan with respect to consistency with the council’s comprehensive development guide for the
metropolitan area. The council’s 45-day review period shall run concurrently with the 60-day
review period by the watershed management organization and shall send a copy of its comments
to the local government unit. If the Metropolitan Council fails to complete its review and make
comments to the watershed management organization within the 45-day period, the watershed
management organization shall complete its review as provided in subdivision 3.
After approval of the local plan by the organization, the local government unit shall adopt and
implement its plan within 120 days and shall amend its official controls accordingly within 180
days.
9.2 PLAN AMENDMENTS AND FUTURE UPDATES
This Local Surface Water Management Plan will be incorporated into the City’s 2018 Comprehensive
Plan update and will be applicable until 2028, at which time an updated plan will be required. Periodic
plan amendments may be required to incorporate major changes in local practices. Particularly,
changes to the two applicable Watershed Management Plans may require updates to this plan. Plan
amendments will be incorporated by following the review and adoption steps outlined above.
The City views changes in local practice (e.g. modifications to the City’s minimum engineering
standards, improved stormwater system maintenance techniques, etc.) that do not impact the
standards or policies identified in this plan as only minor changes in local practice, and thus would not
necessitate a plan amendment or update.
July 2018 City of New Hope
Local Surface Water Management Plan
Appendix A
Figures
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Miles
July 2018
i:\34\3406186\Cad\GIS\Figures\location_map_090308.mxd
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City of New Hope
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Hydrologic
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July 2018
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Soil Group
Classification Map
City of New Hope
Figure 2
Legend
City Limits
Parcels
Hydrologic Soil Group
A
A/D
B
B/D
C
C/D
D
New Hope
Brooklyn Park
Cr
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Pl
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Golden Valley
2040 Comprehensive Plan
Existing Land Use Map
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Figure 3
July 2018
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Legend
Parcels
City Limits
Existing Land Use
Commercial
High Density Residential
Industrial
Low Density Residential
Medium Density Residential
Parks & Recreation
Public & Semipublic
Rural Residential
Utility
Vacant
New Hope
Brooklyn Park
Cr
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Pl
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Golden Valley
2040 Comprehensive Plan
Proposed Land Use Map
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City of New Hope
Figure 4
July 2018
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Legend
Parcels
City Limits
Proposed Land Use
Commercial Mixed Use
Commercial
High Density Residential
Industrial
Low Density Residential
Low Density/Medium Density Residential
Medium Density Residential
Parks & Recreation
Public & Semipublic
Rural Residential
Other
New Hope
Brooklyn Park
Cr
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Pl
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Golden Valley
Watershed Management
Organization Map
City of New Hope
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Figure 5
July 2018
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Legend
City Limits
Parcels
Watershed District or WMO
Bassett Creek WMC
Shingle Creek and West Mississippi WMC
®
New Hope
Brooklyn Park
Cr
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Golden Valley
Impaired Waters Map
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Figure 6
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Legend
City Limits
Parcels
Impaired Streams
Impaired Lakes
New Hope
Brooklyn Park
Cr
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a
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Pl
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m
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t
h
Golden Valley
Northwood Lake
Impairment: Nutrient/Eutrophication
Biological Indicators
Affected Use: Aquatic Recreation
Bassett Creek
Impairment: E. Coli
Affected Use: Aquatic Recreation
Meadow Lake
Impairment: Nutrient/Eutrophication
Biological Indicators
Affected Use: Aquatic Recreation
Bass Creek
Impairment: Chloride, Fish Bioassessments
Affected Use: Aquatic Life
Wetland Inventory
City of New Hope
Local Water Management Plan
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Figure 7
October 2018
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Legend
National Wetland Inventory
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Riverine
City Limits
Parcels
New Hope
Brooklyn Park
Cr
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Golden Valley
G
G
G
G
G
SC-P6.6A
SC-P6.6B
SC-P6.8
SC-P6.7
Pet Hospital
SC-P6.19
Collisys Site
SC-P6.8A
SC-P6.14
SC-P6.16
SC
-
P
6
.
1
0
SC-P6.18
SC-P6.18C
SC-P6.18D
SC-P7.5
S
C
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7
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3
V
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t
o
r
y
P
a
r
k
SC-P3.15
Hosterman Jr High
SC-P3.16
St Theresa
SC-P3.2
Village Golf Course
SC-P1.1A
S
C
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P
1
.
1
B
M
e
a
d
o
w
L
a
k
e
SC-P1.4
Bass Creek
SC-P2.1
Dorothy Mary Park
SC-P2.6
SC-P7.6A
AC Carlson
SC-P3.1C
SC-P3.1B
SC-P3.1A
SC-P3.4
Wincrest
SC-P3.9
Elm Grove Park
SC-P4.10
SC-P4.3
SC-P4.9BSC-P4.4
SC-P4.9A
SC-P5.12
45th Avenue
SC-P5.19
SC-P5.21
SC-P5.14
CCI
SC-P5.15
Fred Sims Park
SC-P5.5
SC-P5.6
SC-P5.20
BC-P2.6B
BC-P2.6A
BC-P2.12
BC-P2.11
BC-P2.20B
BC-P2.20A
BC-P2.10
BC-P2.17
BC-P2.5A
Northwood Lake
BC-P2.5B
BC-P2.5C
BC-P3.15E
BC-P3.15B
BC-P3.15D
BC-P3.15C
BC-P
3
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5
A
North
w
o
o
d
P
a
r
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BC
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.
2
3
BC-P3.6
BC-P2.3
St Josephs Church
BC-P3.27
BC-P2.2B
BC-P2.2A
Hidden Valley Park
BC-P2.2C
BC-P2.2D
BC-P3.10
BC-P3.12
48
"
42"
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54"48"
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18"
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33"
36"
36"
27"
18"
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15"
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18"
42"
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18"18"18"
42"
48"
48"30"30"
73"73"
21"
21"
18"18"15"15"
24"
30"30"30"27"27"18"18"
18"18"21"21" 21"
48"
48"48"48"60"
30"
21"
21"
18"
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30"18"
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36"48"
33"
33"30"30"
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21"
18"
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30"
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18"
24"24"
24"
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36"
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21"18"
30"
27"
18"
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42"
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54"18"
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30"21"27"21"
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48"
42"42"
27"
18"
18"
60"
15"
27"
72"
48"
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18"24"
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18"18"
18"15"
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48"
48"
36"
27"
30"
60"
48"
36"
42"
18"
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65"
15"
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15"15"
42"
36"
30"24"
24"
24"
21"
60"
18"24"30"
36"
36"
42"42"
33"
21"
21"
33"
33"
42"
21"
21"
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Surface Water
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Map 1
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WMO Boundary
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City of Maple Grove
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I:\34\3406186\Cad\GIS\Figures\system_map_090308.mxd
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July 2018 City of New Hope
Local Surface Water Management Plan
Appendix B
Joint Powers Agreements
AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE
ESTABLISHMENT OF A BASSETT CREEK WATERSHED MANAGEMENT
ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT
OF BASSETT CREEK
(Showing Changes Effective August 29, 2014)
PREFACE
In1968, the nine cities with land in the Bassett Creek watershed entered into a joint
powers agreement which established the Bassett Creek Flood Control Commission. For the past
25 years the Commission, consisting primarily of citizen volunteers and city staff members who
have volunteered their time, have worked long and hard to achieve the goals set forth when the
commission was established. An overall watershed management plan was prepared and approved
after public hearings. The Commission has received technical advice from the United States
Army Corps of Engineers in their planning and has obtained the support and aid of all United
States Senators and Congressional Representatives representing the /member cities. In 1976 the
Commission and the Corps of Engineers were successful in having Bassett Creek included in the
1976 Water Resources Development Act (Section 173 Public Law 94-587). The Board of
Engineers for Rivers and Harbors submitted a favorable report to the Secretary of the Army on
March 30,1977. The Secretary of the Army has by letter under date of June 19, 1978 notified the
U. S. Congress of the approval of the Chief of Engineers.
The Bassett Creek Flood Control Commission has participated with the Minnesota
Department of Transportation, the Federal Highway Administration, the City of Minneapolis and
the Corps of Engineers in the planning and construction of a deep tunnel in Minneapolis which is
designed to carry Bassett Creek under a portion of the City of Minneapolis. The Commission has
held hearings and approved and ordered upstream construction in the cities of Golden Valley,
Plymouth, Minneapolis, and Crystal. The local share of these costs is being paid by the nine
member communities pursuant to an agreement consistent with the funding requirements set
forth in Articles VII and VIII of the joint powers agreement which has been in effect from 1968
to 1993. The prior joint powers agreement contained the following "Statement of Intent":
STATEMENT OF INTENT REGARDING
AGREEMENT
"Bassett Creek leaves Medicine Lake and flows generally eastward through the Village
of Medicine Lake, Plymouth, Golden Valley and into the City of Minneapolis. In Minneapolis,
the creek is channeled into a conduit and runs underground to the Mississippi River to its
eventual outfall. As the creek runs through the aforementioned communities it collects storm
waters and in effect acts as the storm sewer for a large densely populated area and large
unpopulated area. It also carries waters channeled to it or naturally flowing to it from the
Villages of Minnetonka and New Hope and the Cities of Crystal, Robbinsdale, and St. Louis
Park.
For a long time the improvement and development of this creek to carry the increased
quantity of storm water has been needed to allow for the orderly planning and development of
453434v1 BA295-1 1
the up-stream communities who must rely on the creek as the outfall for storm waters collected
or naturally flowing from areas within these communities. As the communities contributing
water to the creek have grown, and the lands naturally draining into the creek have been covered
with buildings and hard surfaced areas, the ability of the creek and its appurtenant facilities to
accommodate the water has diminished. Studies have been conducted by the municipalities both
individually and collectively and a study has been made by the United States Army Corps of
Engineers. The threat of flood damage increases each year with the increased use of land in the
watershed area.
The nine member communities have been meeting over a number of years in an effort to
solve the storm water problems in the watershed drained by Bassett Creek. Each year it becomes
more apparent that solutions must be sought to allow for a more orderly and efficient planning of
the area and to allow the individual communities to plan storm sewer facilities which must be
constructed to serve lands within the individual communities. It is also apparent to all nine
municipalities that planning and construction to control the Bassett Creek cannot be done on the
basis of each community looking at its individual problems. The creek downstream must be
improved to accommodate the waters which will eventually be channeled and diverted to the
outfall. To determine the downstream improvements it is necessary to know how much water
will be contributed by the individual communities upstream and how much storm water will be
retained in ponding areas upstream and the area of lands within the watershed which will be
controlled by the individual communities as "open lands" and which will not contribute as much
storm water as lands which are developed residentially, commercially, or for industrial purposes.
All of the nine communities within the Bassett Creek watershed recognize the aforestated
problems. In seeking solutions to the overall drainage problem it becomes apparent that the only
way the problems can be solved is by joint planning, joint cooperation, joint financing and a
sincere desire on the part of each community to solve the overall drainage problem within the
watershed. This means that some agency, commission, district, corporation, political subdivision,
or other vehicle must be found to plan and finance improvements to and to control the
development of lands within the watershed. Chapter 112 of the Minnesota Statutes provides for
the formation of a watershed district with the powers and duties of conserving and controlling
water and watercourses within a watershed. The creation of such a district creates a new political
subdivision with the power to sue or be sued, to incur debts, liabilities and obligations, to
exercise the powers of eminent domain, to provide for assessments, to borrow money and issue
bonds and to do all other acts necessary to carry out the powers vested in the district by said
Chapter 112. The managers of the district would be appointed by the Minnesota Water
Resources Board and subsequent appointments would be by the Board of County Commissioners
of Hennepin County. It is the belief of the parties to this agreement that the creation of such a
district would remove control one step further from the electorate and the residents of this
watershed area who ultimately would pay the costs of the aforesaid improvements. It would also
create another political subdivision which would have to plan and work with the individual
parties to this agreement to solve the storm water and drainage problems within the watershed.
The purpose of this statement of intent regarding the agreement is to clarify and establish
for any court of review or any arbitrator or for the elected successors to the representatives who
have entered into this agreement, the reasons and purposes for this joint and cooperative
agreement. The parties to this agreement realize that the success or failure of the Bassett Creek
453434v1 BA295-1 2
Flood Control Commission created by this agreement is dependent upon the sincere desire of
each member community to cooperate in the exercise of a joint power to solve a joint problem.
Each party to this agreement pledges this cooperation."
It is the intent of this amended agreement to carry forward the same purposes as
aforestated and to revise the Joint Powers Agreement to meet the mandates of Minnesota
Statutes, Sections 103B. 201 through 103B. 251 and Minnesota Rules (Chapter 8410 relating to
"Metropolitan Area Local Water Management". This amended agreement shall continue the
existence of a Watershed Management Organization in accordance with the provisions of the
Metropolitan Surface Water Management Act as set forth in Minnesota Statutes 1992 Sections
103B. 201 to and including 103B. 251. The organization hereby created shall have all of the
powers and responsibilities set forth in said statutes for the Bassett Creek Watershed. The
purpose of the organization shall be to assist the 9 member communities to preserve and use
natural water storage and retention systems to:
1. Protect, preserve, and use natural surface and groundwater storage and retention
systems;
2. Minimize public capital expenditures needed to correct flooding and water quality
problems;
3. Identify and plan for means to effectively protect and improve surface water and
groundwater quality;
4. Establish more uniform local policies and official controls for surface water and
groundwater quality:
5. Prevent erosion of soil into surface water systems;
6. Promote groundwater recharge;
7. Protect and enhance fish and wildlife habitat and water recreational facilities;
8. To secure other benefits associated with the proper management of surface water.
9. To promote and encourage cooperation among member cities in coordinating
local surface water and groundwater plans and to be aware of their neighbor's
problems and to protect the public health, safety, and general welfare.
10. To continue the work of the Bassett Creek Water Management Commission and
to carry out the plans, policies and programs developed by said Commission
from1968 to 1993.
JOINT AND COOPERATIVE AGREEMENT
The parties to this Agreement are governmental units of the State of Minnesota, all of
which have lands which drain surface water into Bassett Creek and all of which have power to
construct, reconstruct, extend and maintain storm water management facilities. This agreement is
made pursuant to the authority conferred upon the parties by Minnesota Statutes 1992, Sections
471.59 and 103B. 201 to and including Section 103B. 251.
453434v1 BA295-1 3
NAME
I.
The parties hereto create and establish the Bassett Creek Watershed Management
Commission.
GENERAL PURPOSE
II.
The general purpose of this agreement is to provide an organization which can
investigate, study, plan and control the construction of facilities to drain or pond storm waters, to
alleviate damage by flood waters; to improve the creek channel for drainage; to assist in planning
for land use; to repair, improve, relocate, modify, consolidate or abandon, in whole or in part,
drainage systems within the watershed area; and to do whatever is necessary to assist in water
conservation and the abatement of surface water and groundwater contamination and water
pollution. In addition to the aforestated purposes, the organization hereby created shall serve as
the organization for the Bassett Creek watershed and shall carry out all of the duties and
responsibilities outlined in Minnesota Statutes, Section 103B. 201 through 103B. 251, both
inclusive.
DEFINITIONS
III.
For the purposes of this agreement, the terms used herein shall have the meanings as
defined in this article.
Subdivision 1. "Commission" means the organization created by this agreement, the full
name of which is "Bassett Creek Watershed Management Commission." It shall be a public
agency of its members.
Subdivision 2. "Board" means the Board of commissioners of the Commission,
consisting of one commissioner or one alternate commissioner from each of the governmental
units which is a party to this agreement and which shall be the governing body of the
Commission.
Subdivision 3. "Council" means the governing body of a governmental unit which is a
member of this Commission.
Subdivision 4. "Governmental Unit" means any city, county, or town.
Subdivision 5. "Member" means a governmental unit which enters into this agreement.
Subdivision 6. "Bassett Creek Watershed" means the area contained within a line drawn
around the extremities of all terrain whose surface drainage is tributary to Bassett Creek and
within the mapped areas delineated on the map filed with the Board of Water and Soil Resources
originally filed pursuant to Minnesota Statutes, 473.877, Subd. 2 and as now amended by
Minnesota Statutes, Chapter 103B.
453434v1 BA295-1 4
MEMBERSHIP
IV.
The membership of the Commission shall consist of all of the following governmental
units as shall elect, through resolution or ordinance adopted by their respective Councils, to
become members:
City of Crystal
City of Golden Valley
City of Medi cine Lake
City of Minneapolis
City of Minnetonka
City of New Hope
City of Plymouth
City of Robbinsdale
City of St. Louis Park
(The foregoing list is intended to include all governmental units which are presently partially or
entirely within the Bassett Creek Watershed.)
No change in governmental boundaries , structure or organizational status shall affect the
eligibility of any governmental unit listed above to be represented on the Commission, so long as
such governmental unit continues to exist as a separate political subdivision.
BOARD OF COMMISSIONERS
V.
Subdivision 1. The governing body of the Commission shall be its Board. Each member
shall be entitled to appoint one representative on the Board, and one alternate who may sit when
the representative is not in attendance and said representative or alternate representative shall be
called a "Commissioner".
Subdivision 2. The council of each member shall determine the eligibility or qualification
of its representative on the Commission but the terms of each Commissioner shall be as
established by this agreement.
Subdivision 3. The term of each Commissioner and Alternate Commissioner appointed
by each member shall be three years and until their successors are selected and qualify and shall
453434v1 BA295-1 5
commence on February l, except that the terms of the Commissioners first appointed shall
commence from the date of their appointment and shall terminate as follows:
a. The Commissioners appointed by the Cities of Crystal, Golden Valley, and
Medicine Lake shall terminate on February 1, 1994.
b. The Commissioners appointed by the Cities of Minneapolis, Minnetonka, and
New Hope shall terminate on February 1, 1995.
c. The Commissioners appointed by the Cities of Plymouth, Robbinsdale, and St.
Louis Park shall terminate on February 1, 1996.
Any vacancy shall be filled for the unexpired term of any Commissioner by the council of the
governmental unit of the member who appointed said Commissioner. The Commission shall
notify the Board of Water and Soil Resources of member appointments and vacancies within 30
days after the Commission is notified by a member. Each member agrees to publish a notice of
vacancies resulting from the expiration of a Commissioner's or Alternate Commissioner's term or
where a vacancy exists for any reason. Publication and notice shall be in accordance with
Minnesota Statutes, Section 103B.227, Subds. 1 and 2, as they now exist or as subsequently
amended.
Subdivision 4. The council of each member agrees that its representative commissioner
will not be removed from the Board prior to the expiration of the Commissioner's term, unless
said Commissioner consents in writing or unless said council has presented the Commissioner
with charges in writing and has held a public hearing after reasonable notice to the
Commissioner. A member may remove a Commissioner or an Alternate Commissioner for just
cause or for violation of a Code of Ethics established by the Commission or by the Member City
or for malfeasance, nonfeasance, or misfeasance. Said hearing shall be held by the Member City
Council who appointed the Commissioner. A Commissioner or Alternate Commissioner who is
an elected officer of a Member City who is not reelected may be removed by the appointing
Member City at the appointing Member's discretion. Any decision by a Member to remove a
Commissioner or Alternate Commissioner may be appealed to the Board of Water and Soil
Resources. A certified copy of the Council's Resolution removing said Commissioner shall be
filed with the Secretary of the Board of Commissioners and shall show compliance with the
terms of this section.
Subdivision 5. Each member shall within 30 days of appointment file with the Secretary
of the Board of Commissioners a record of the appointment of its Commissioner and Alternate
Commissioner. The Commission shall notify the Board of Water and Soil Resources of Member
appointments and vacancies within 30 days after receiving notice from the Member. Members
shall fill all vacancies within 90 days after the vacancy occurs.
Subdivision 6. Commissioners shall serve without compensation from the Commission,
but this shall not prevent a governmental unit from providing compensation for its Commissioner
for serving on the Board, if such compensation is authorized by such governmental unit and by
law. Commission funds may be used to reimburse a Commissioner or Alternate Commissioner
for expenses incurred in performing Commission business and if authorized by the Board.
453434v1 BA295-1 6
Subdivision 7. At the first meeting of the Board and in February of each year thereafter,
the Board shall elect from its Commissioners a Chair, a Vice Chair, a Secretary, a Treasurer , and
such other officers as it deems necessary to conduct its meetings and affairs. At the
organizational meeting or as soon thereafter as it may be reasonably done, the Commission shall
adopt rules and regulations governing its meetings. Such rules and regulations may be amended
from time to time at either a regular or a special meeting of the Commission provided that a ten
day prior notice of the proposed amendment has been furnished to each person to whom notice
of the Board meetings is required to be sent; a majority vote of all eligible votes of the then
existing members of the Commission shall be sufficient to adopt any proposed amendment to
such rules and regulations.
The Board shall notify each Member City of the location and time of regular and special
meetings called by the Board. A meeting shall be held at least annually, and all meetings shall be
called and open to the public pursuant to Minnesota Statutes, Section 471.705, or as amended.
POWERS AND DUTIES OF THE BOARD
VI.
Subdivision l. The Commission, acting by its duly appointed Board of Commissioners,
shall as it relates to flood control, water quality, ground water recharge and water conservation or
in its construction of facilities and other duties as set forth in Minnesota Laws have the powers
and duties set out in this article.
Subdivision2. It may employ such persons as it deems necessary to accomplish its duties
and powers. Any employee may be on a full time, part time or consulting basis as the Board
determines.
Subdivision 3. It may contract for space and for material and supplies to carry on its
activities either with a member or elsewhere.
Subdivision 4. It may acquire necessary personal property to carry out its powers and its
duties.
Subdivision 5. It shall develop an overall plan containing a capital improvement program
within a reasonable time after qualifying, and said plan shall meet all of the requirements as
established in Minnesota Statutes, Chapter103B. Said overall plan shall establish a
comprehensive goal for the development of Bassett Creek and shall establish a proposed
procedure for accomplishing the purposes of the organization as set forth in Article II.
In preparing the overall plan, the Board may consult with the engineering and planning
staff of each member governmental unit. It may consult with the Metropolitan Council and other
public and private bodies to obtain and consider projections of land use, population growth, and
other factors which are relevant to the improvement and development of the Bassett Creek
watershed.
453434v1 BA295-1 7
Said overall plan shall include the location and adequacy of the outlet or outfall of said
Bassett Creek. The plan shall include the quantity of storage facilities and the sizing of an
adequate outlet for all branch lateral storm sewers within the Bassett Creek watershed. The plan
shall comply with state statutes and regulations promulgated and adopted by the Board of Water
and Soil Resources.
Upon completion of the overall plan, or amendments thereto, the Board shall supply each
member with a copy of the proposed plan and shall submit the plan for review and comment to
Hennepin County, all soil and water conservation districts in Hennepin County and to all
statutory and home rule charter cities having territory within the watershed. All governmental
units which expect that substantial amendment of its local comprehensive plan will be necessary
in order to bring their local water management into conformance with the Commission's
watershed plan shall describe as specifically as possible, the amendments to the local plan which
it expects will be necessary. The Commission shall hold a public hearing after 60 days mailed
notice to the clerk of each member governmental unit. The mailed notice of the hearing shall be
sent at the same time the plan is submitted to the members and to other governmental agencies.
After such public hearing, the Board shall prescribe the overall plan which shall be the outline
for future action by the Commission.
The Commission shall then submit the plan, any comments received and any appropriate
amendments to the plan to the Board of Commissioners of Hennepin County. The County shall
approve or disapprove projects in the capital improvement program which may require the
provision of county funds pursuant to Minnesota Statutes Sections103B. 251or103D. 901. The
County shall have 60 days to complete its review. If the County fails to complete its review
within 60 days the plan and capital improvement programs shall be deemed approved.
After completion of the review by Hennepin County, the plan and capital improvement
program shall be submitted to the Metropolitan Council for its review. After completion of the
review by the Metropolitan Counci1 pursuant to Minnesota Statutes, Section103B. 231, Subd. 8,
the Commission shall submit the plan to the Minnesota Commissioner of Natural Resources and
the Minnesota Pollution Control Agency for review and comment on the consistency of the plan
with state laws and rules relating to water and related land resources and to the Board of Water
and Soil Resources for review as provided in Minnesota Statutes, Section 103B. 231, Subd. 9.
After return of the plan, the Commission shall submit to each of its members a copy of
the plan and all comments of the reviewing authorities. The Commission shall wait for at least 30
days for comments from the members. The Commission shall adopt the overall plan within 120
days after approval of the plan by the Board of Water and Soil Resources. The Commission shall
then implement the approved plan and approved capital improvement program by resolution of
the Commission as hereinafter set forth. The adoption of said overall plan shall be only upon a
favorable vote of a majority of all eligible votes of the then existing members of the
Commission. A copy of the adopted plan shall be filed with the clerk of each member
governmental unit. Upon notice and hearing as provided for in adopting the overall plan , said
plan may be amended by the Board on its own initiative or on the petition of any member
governmental unit.
453434v1 BA295-1 8
The review provisions set forth in this section are those required by Minnesota Statutes,
Section103B. 231. If the law is amended, approvals shall be as required by law and the
provisions contained in this section shall be amended accordingly.
Subdivision 6. It shall make necessary surveys or utilize other reliable surveys and data
and develop projects to accomplish the purposes for which the Commission is organized.
Subdivision 7. It may cooperate or contract with the State of Minnesota or any
subdivision thereof or federal agency or private or public organization to accomplish the
purposes for which it is organized.
Subdivision 8. It may order any member governmental unit or units to construct, clean,
repair, alter, abandon, consolidate, reclaim or change the course or terminus of any ditch, drain,
storm sewer, or water course, natural or artificial, within the Bassett Creek watershed.
Subdivision 9. It may order any member governmental unit or units to acquire, operate,
construct or maintain dams, dikes, reservoirs and appurtenant works or other improvements
necessary to implement the overall plan.
Subdivision 10. It shall regulate, conserve and control the use of storm and surface water
and groundwater within the Bassett Creek watershed.
Subdivision 11. It may contract for or purchase such insurance as the Board deems
necessary for the protection of the Commission.
Subdivision 12. It may establish and maintain devices for acquiring and recording
hydrological and water quality data within the Bassett Creek watershed.
Subdivision 13. It may enter upon lands within or without the watershed to make surveys
and investigations to accomplish the purposes of the Commission. The Commission shall be
liable for actual damages resulting therefrom but every person who claims damages shall serve
the Chairman or Secretary of the Board of Commissioners with a Notice of Claim as required by
Chapter 466.05 of the Minnesota Statutes.
Subdivision 14. It shall provide any member governmental unit with technical data or any
other information of which the Commission has knowledge which will assist the governmental
unit in preparing land use classifications or local water management plans within the watershed.
Subdivision 15. It may provide legal and technical assistance in connection with
litigation or other proceedings between one or more of its members and any other political
subdivision, commission, Board or agency relating to the planning or construction of facilities to
drain or pond storm waters or relating to water quality within the Bassett Creek watershed. The
use of commission funds for litigation shall be only upon a favorable vote of a majority of the
eligible votes of the then existing members of the Commission.
Subdivision 16. It may accumulate reserve funds for the purposes herein mentioned and
may invest funds of the Commission not currently needed for its operations, in the manner and
subject to the laws of Minnesota applicable to statutory cities.
453434v1 BA295-1 9
Subdivision 17. It may collect monies, subject to the provisions of this agreement, from
its members, Hennepin County and from any other source approved by a majority of its Board.
Subdivision 18. It may make contracts, incur expenses and make expenditures necessary
and incidental to the effectuation of these purposes and powers and may disburse therefor in the
manner hereinafter provided.
Subdivision 19. It shall cause to be made an annual audit by a certified public accountant
or the state auditor of the books and accounts of the Commission and shall make and file a report
to its members at least once each year including the following information:
a. the approved budget;
b. a reporting of revenues;
c. a reporting of expenditures;
d. a financial audit report or section that includes a balance sheet, a classification of
revenues and expenditures, an analysis of changes in final balances, and any
additional statements considered necessary for full financial disclosure;
e. the status of all Commission projects and work within the watershed; and
f. the business transacted by the commission and other matters which affect the
interests of the commission.
Copies of said report shall be transmitted to the clerk of each member governmental unit.
Subdivision 20. Its books, reports and records shall be available for and open to
inspection by its members at all reasonable times.
Subdivision 21. It may recommend changes in this agreement to its members.
Subdivision 22. It may exercise all other powers necessary and incidental to the
implementation of the purposes and powers set forth herein and as outlined and authorized by
Minnesota Statutes, Sections 103B. 201 through 103B. 251.
Subdivision 23. It shall cooperate with the State of Minnesota, the Commissioner of
Natural Resources and the Director of the Division of Waters, Soils and Minerals of the
Department of Natural Resources in obtaining permits and complying with the requirements of
Chapter 103G of the Minnesota Statutes.
Subdivision 24. Each member reserves the right to conduct separate or concurrent studies
on any matter under study by the Commission.
Subdivision 25. It shall establish a procedure for establishing citizen or technical advisory
committees and to provide other means for public participation.
453434v1 BA295-1 10
METHOD OF PROCEEDING
VII.
Subdivision 1. The procedures to be followed by the Board in carrying out the powers
and duties set forth in Article VI, Subdivisions 5, 6, 7, 8, 9, and 10, shall be as set forth in this
article.
Subdivision 2. The Commissioners shall be the same as those serving as Commissioners
and Alternate Commissioners for the predecessor Bassett Creek Water Management
Commission. The Board shall immediately proceed to revise the overall plan as set forth in
Article VI, Subdivision 5 or as required by state statute. Upon adoption of said overall plan, the
Board shall proceed to implement said plan, and this implementation may be ordered by stages.
Subdivision 3. The Bassett Creek Watershed Management Commission shall be the
successor to the Bassett Creek Water Management Commission as constituted under the prior
Joint Powers Agreement. All personal property, money, bank accounts, records or any other
thing of value and on hand with the Bassett Creek Water Management Commission shall be
transferred to the Bassett Creek Watershed Management Commission.
Subdivision 4. The location and adequacy of the outlet for Bassett Creek shall be
determined and the Commission shall then prepare plans which will provide capacity to outlet
the surface waters which will be collected within the Bassett Creek watershed. In determining
the necessary capacity for said outlet, the Commission shall take into consideration the quantity
of land within the watershed which each member governmental unit has to pond or act as a
reservoir for surface waters. It shall consider only lands which are under public ownership or
under public control and that will be perpetually dedicated to acting as a reservoir for surface
waters. The Commission may require from each member governmental unit a commitment in
writing of the lands which shall be so dedicated, including a legal description of the gross area
and the capacity in acre feet of water storage. No project which will channel or divert additional
waters to Bassett Creek shall be commenced by any member governmental unit prior to approval
of the Board of the design of an adequate outlet or of adequate storage facilities. The adequacy of
said outlet shall be determined by the Board after consultations with its professional engineers.
Subdivision 5. All construction, reconstruction, extension or maintenance of Bassett
Creek including outlets, lift stations, dams, reservoirs, or other appurtenances of a surface water
or storm sewer system which involve construction by or assessment against any member
governmental unit or against privately or publicly owned land within the watershed shall follow
the statutory procedures outlined in Chapter 429 of the Minnesota Statutes except as herein
modified. The Board shall secure from its engineers or some other competent persona report
advising it in a preliminary way as to whether the proposed improvement is feasible and as to
whether it shall best be made as proposed or in connection with some other improvement and the
estimated cost of the improvement as recommended and the proposed allocation of costs
between members.
The Board shall then hold a public hearing on the proposed improvement after mailed
notice to the clerk of each member governmental unit within the watershed. The Commission
453434v1 BA295-1 11
shall not be required to mail or publish notice except by said notice to the clerk. Said notice shall
be mailed not less than 45 days before the hearing , shall state the time and place of the hearing,
the general nature of the improvement, the estimated total cost and the estimated cost to each
member governmental unit. The Board may adjourn said hearing to obtain further information,
may continue said hearing pending action of the member governmental units or may take such
other action as it deems necessary to carry out the purposes of this Commission.
To order the improvement, in accordance with the powers and duties established in
Article VI, Subdivisions 7, 8 and 9, a resolution setting forth the order for a capital improvement
project shall require a favorable vote by two-thirds of all eligible votes of then existing Board of
the Commission. In all cases other than for capital improvement projects, a majority vote of all
eligible members of the Board shall be sufficient to order the work. The order shall describe the
improvement, shall allocate in percentages the cost allocation between the member governmental
units, shall designate the engineers to prepare plans and specifications, and shall designate the
member who will contract for the improvement in accordance with Subdivision 7 of this Article.
After the Board has ordered an improvement or if the hearing is continued while the
member governmental units act on said proposal, it shall forward said preliminary report to all
member governmental units with an estimated time schedule for the construction of said
improvement. The Board shall allow an adequate amount of time , and in no event less than 45
days, for each member governmental unit to conduct hearings, in accordance with the provisions
of the aforestated Chapter 429 or the charter requirements of any city, or to ascertain the method
of financing which said member governmental unit will utilize to pay its proportionate share of
the costs of the improvement. Each member governmental unit shall ascertain within a period of
90 days the method it shall use to pay its proportionate share of the costs.
If the Commission proposes to utilize Hennepin County’s bonding authority as set forth
in Minnesota Statutes, Section 103B. 251, or if the Commission proposes to certify all or any
part of a capital improvement to Hennepin County for payment, then and in that event all
proceedings shall be carried out in accordance with the provisions set forth in said Section
1038.251.
The Board shall not order and no engineer shall prepare plans and specifications before
the Board has adopted a resolution ordering the improvement. The Board may order the
advertising for bids upon receipt of notice from each member governmental unit who will be
assessed that it has completed its hearing or determined its method of payment or upon
expiration of 90 days after the mailing of the preliminary report to the members.
Subdivision 6. Any member governmental unit being aggrieved by the determination of
the Board as to the allocation of the costs of said improvement shall have 30 days after the
commission resolution ordering the improvement to appeal said determination. Said appeal shall
be in writing and shall be addressed to the Board asking for arbitration. The determination of the
member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall
consist of three persons; one to be appointed by the Board of Commissioners, one to be
appointed by the appealing member governmental unit, and the third to be appointed by the two
so selected. In the event the two persons so selected do not appoint the third person within 15
days after their appointment, then the Chief Judge of the District Court of Hennepin County shall
453434v1 BA295-1 12
have jurisdiction to appoint, upon application of either or both of the two earlier selected, the
third person to the Board of Arbitration. The third person selected shall not be a resident of any
member governmental unit and if appointed by the Chief Judge said person shall be a registered
professional engineer. The arbitrators’ expenses and fees, together with the other expenses, not
including counsel fees, incurred in the conduct of the arbitration shall be divided equally
between the Commission and the appealing member.
Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Chapter
572 of the Minnesota Statutes.
Subdivision 7. Contracts for Improvements. All contracts which are to be let as a result of
the Board’s order to construct, repair, alter, reclaim or change the course or terminus of any
ditch, drain, storm sewer, or watercourse, or to acquire, operate, construct or maintain dams,
dikes, reservoirs or their appurtenances or to carry out any of the other provisions of the plan as
authorized by Minnesota Statutes, and for which two or more member governmental units shall
be responsible for the costs, shall be let in accordance with the provisions of Section 429.041 of
the Minnesota Statutes. The bidding and contracting of said work shall be let by any one of the
member governmental units, as ordered by the Board of Commissioners, after compliance with
the statutes. All contracts and bidding procedures shall comply with all the requirements of law
applicable to contracts let by a statutory city in the State of Minnesota.
The Commission shall not have the authority to contract in its own name for any
improvement work for which a special assessment will be levied against any private or public
property under the provisions of Chapter 429 or under the provisions of any City charter. These
contracts shall be awarded by action of the council of a member and shall be in the name of a
member governmental unit. This section shall not preclude the Commission from proceeding
under Minnesota Statutes, Section 103B. 251.
Subdivision 8. Contracts with Other Governmental Bodies. The Commission may
exercise the powers set forth inArticleV1, Subdivision 7, but said contracts for a capital
improvement shall require a favorable vote of two-thirds majority of the eligible votes of the
then existing members of the Commission.
Subdivision 9. Supervision. All improvement contracts awarded under the provisions of
Subdivision 7of this Article shall be supervised by the member governmental unit awarding said
contract or said member governmental unit may contract or appoint any qualified staff member
or members of the Commission to carry out said supervision, but each member agrees that the
staff of this Commission shall be authorized to observe and review the work in progress and the
members agree to cooperate with the Commission staff in accomplishing the purposes of this
Commission.
Representatives of the Commission shall have the right to enter upon the place or places
where the improvement work is in progress for the purpose of making reasonable tests and
inspections. The staff of this Commission shall report and advise and recommend to the Board
on the progress of said work.
453434v1 BA295-1 13
Subdivision 10. Land Acquisition. The Commission shall not have the power of eminent
domain. The member governmental units agree that any and all easements or interest in land
which are necessary will be negotiated or condemned in accordance with Chapter 117 of the
Minnesota Statutes by the unit wherein said lands are located, and each member agrees to
acquire the necessary easements or right of way or partial or complete interest in land upon order
of the Board of Commissioners to accomplish the purposes of this agreement. All reasonable
costs of said acquisition shall be considered as a cost of the improvement. If a member
governmental unit determines it is in the best interests of that member to acquire additional
lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some
other purposes, the costs of said acquisition will not be included in the improvement costs of the
ordered project. The Board in determining the amount of the improvement costs to be assessed to
each member governmental unit may take into consideration the land use for which said
additional lands are being acquired and may credit the acquiring municipality for said land
acquisition to the extent that it benefits the other members of this agreement. Any credits may be
applied to the cost allocation of the improvement project under construction or the Board if
feasible and necessary may defer said credits to a future project.
If any member unit refuses to negotiate or condemn lands as ordered by the Board, any
other member may negotiate or condemn outside its corporate limits in accordance with the
aforesaid Chapter 117. All members agree that they will not condemn or negotiate for land
acquisition to pond or drain storm and surface waters within the corporate boundaries of another
member within the Bassett Creek watershed except upon order of the Board of this Commission.
The Commission shall have authority to establish land acquisition policies as a part of the
overall plan. The policies shall be designed to equalize costs of land throughout the watershed.
Said policy is contained in the existing watershed management plan and may be continued in any
revised overall plan required by Minnesota Statutes.
Subdivision 11. Pollution Control and Water Quality. The Commission shall have the
authority and responsibility to protect and improve water quality in the watershed as this is one
of the main purposes set forth in the Surface Water Management Act. All member governmental
units agree that they will refuse to allow the drainage of sanitary sewage or industrial wastes onto
any land or into any watercourse or storm sewer draining into Bassett Creek. The Board may
investigate on its own initiative and shall investigate upon petition of any member all complaints
relating to pollution of surface water or groundwater draining into or affecting Bassett Creek or
its tributaries. Upon a finding that the creek or surface waters or groundwater are being polluted,
the Board shall order the member governmental unit to abate this nuisance and each member
agrees that it will take all reasonable action available to it under the law to alleviate the pollution
and to assist in protecting and improving the water quality of surface water and groundwater in
the watershed.
Subdivision 12. Local Water Management Plans. The Commission shall have power and
authority to review the members’ local water management plans, capital improvement programs
and official controls required by Minnesota Statutes Section 103B. 235 and/or by rules
promulgated and adopted by the Board of Water and Soil Resources. The members also
understand that the overall plan and capital improvement program required for the entire
watershed must consist of the local parts in the plan and therefore every effort shall be made by
453434v1 BA295-1 14
the Commission to coordinate the local plans with the watershed’s overall plan. The members
further understand and agree that upon completion and approval of the overall plan required by
Minnesota Statutes 103B. 231, each member will be required to present their local management
plan to the Commission as required by Minnesota Statutes, Section 103B. 235. It is therefore
important that each member provide the Commission with their best effort to coordinate and plan
for the individual member's local plan at the same time the watershed overall plan is being
assembled.
FINANCES
VIII.
Subdivision 1. The Commission funds may be expended by the Board in accordance with
this agreement and in accordance with the procedures as established by law and in the manner as
may be determined by the Board. The Board shall designate one or more national or state bank or
trust companies, authorized by Chapters 118 and 427 of the Minnesota Statutes to receive
deposits of public moneys and to act as depositories for the Commission funds. In no event shall
there be a disbursement of Commission funds without the signature of at 1east two Board
members, one of whom shall be the Treasurer or his Authorized Deputy Treasurer. The Treasurer
shall be required to file with the Secretary of the Board a bond in the sum of at least $10,000 or
such higher amount as shall be determined by the Board. The Commission shall pay the premium
on said bond.
Subdivision 2. The members agree to contribute all cash, bank deposits, and other assets
held by the Bassett Creek Water Management Commission to the new Bassett Creek Watershed
Management Commission to carry out the purposes of the Commission. Each member
governmental unit has contributed its proportionate share of said funds based on the net tax
capacity and area of all taxable property within the Bassett Creek watershed.
Subdivision 3. Each member agrees to contribute each year to a general fund, said fund to
be used for general administration purposes including, but not limited to: salaries, rent, supplies,
development of an overall plan, insurance, and bonds, and to purchase and maintain devices to
measure hydrological and water quality data. Said funds may also be used for normal
maintenance of the facilities, but any extraordinary maintenance or repair expense shall be
treated as an improvement cost and processed in accordance with Subdivision 4 of this Article.
The annual contribution by each member shall be based fifty percent (50%)on the net tax
capacity of all property within the watershed and fifty percent (50%) on the basis of the total area
of each member within the boundaries of the Watershed each year to the total area in the Bassett
Creek watershed. In no event shall any assessment require a contribution to exceed one-half of
one percent of the net tax capacity within the watershed.
Subdivision 4.
(a) An improvement fund shall be established for each improvement project instituted
under Article VII, Subdivision 3. Each member agrees to contribute to said fund its proportionate
share of the engineering, legal and administrative costs as determined by the amount to be
assessed against each member as a cost of the improvement. The Board shall submit in writing a
453434v1 BA295-1 15
statement to each member, setting forth in detail the expenses incurred by the Commission for
each project.
Each member further agrees to pay to or contract with the member governmental unit
awarding said contract for the improvement, its proportionate share of the cost of the
improvement in accordance with the determination of the Board under Article VII, Subdivision
5. The member awarding the contract shall submit in writing copies of the engineer’s certificate
authorizing payment during construction and the member being billed agrees to pay its
proportionate share of said improvement costs within 30 days after receipt of the statement. The
member awarding the contract shall advise other contributing members of the tentative time
schedule of the work and the estimated times when the contributions shall be necessary.
(b) Notwithstanding the provisions of paragraph (a) of this subdivision, the
Commission may by a vote of 2/3rds of all eligible votes of the then existing members of the
Commission decide to proceed to fund all or any part of the cost of a capital improvement
contained in the capital improvement program of the plan pursuant to the authority and subject to
the provisions set forth in Minnesota Statutes, Section 103B. 251. The Commission and
Hennepin County may establish a maintenance fund to be used for normal and routine
maintenance of an improvement constructed in whole or in part with money provided by
Hennepin County pursuant to Minnesota Statutes, Section103B. 251. The levy and collection of
an ad valorem tax levy for maintenance shall be by Hennepin County based upon a tax levy
resolution adopted by a majority vote of all eligible members of the Commission and remitted to
the County on or before the date prescribed by law each year. If it is determined to levy for
maintenance, the Commission shall be required to follow the hearing process established by
Minnesota Statutes, Section103D. 915 and103D. 921and acts amendatory thereof and in addition
thereto. Mailed notice shall be sent to the Clerk of each member municipality at least 30 days
prior to the hearing.
Subdivision 5. On or before July1 of each year, the Board shall adopt a detailed budget
for the ensuing year and decide upon the total amount necessary for the general fund. Budget
approval shall require a favorable vote by a majority of all eligible votes of the then existing
members of the Board.
The Secretary of the Board shall certify the budget on or before July 1 to the clerk of each
member governmental unit together with a statement of the proportion of the budget to be
provided by each member. The Council of each member agrees to review the budget, and the
Board shall upon notice from any member received prior to August 1, hear objections to the
budget, and may, upon notice to all members and after a hearing, modify or amend the budget,
and then give notice to the members of any and all modifications or amendments.
Each member agrees to provide the funds required by the budget and said determination
shall be conclusive if no member enters objections in writing on or before August 1. If no
objections are submitted to the Board, each member agrees to provide the funds approved by the
Board, after the Board has conducted the aforementioned hearing. Modifications or amendments
to the original budget require a favorable vote by a majority of all eligible voters of then existing
members of the Board.
453434v1 BA295-1 16
The budget shall not in any event require any member to contribute in excess of one-half
of one percent of the net tax capacity of all taxable property within the watershed and within said
members corporate boundaries.
The schedule of payments by the members shall be determined by the Board in such a
manner as to provide for an orderly collection of the funds needed.
Upon notice and hearing, the Board by a favorable vote of a majority of all eligible votes
of then existing members may adopt a supplemental budget requiring additional payments by the
members within 60 days of its adoption but in no event shall the budget require any member to
contribute in excess of one-half of one percent of the net tax capacity of all taxable property
within the watershed or within any member's corporate boundaries in any one calendar year.
Members’ attention is drawn to Minnesota Statutes, Section 103B. 245, which authorizes
a Watershed Management Tax District to be created within each member City to pay the costs of
planning and for the purpose of paying capital costs and/or normal and routine maintenance of
facilities.
Subdivision 5. Cost Allocation. All capital costs incurred by the Commission shall be
apportioned to the respective members on either (l), (2), or (3) of the following bases:
(1) A negotiated amount to be arrived at by the members who have lands in the
subdistrict responsible for the capital improvement.
(2) (a) Fifty percent of all capital costs or the financing thereof shall be
apportioned to each member on the basis of the real property valuation net
tax capacity of each member within the boundaries of the watershed each
year to the total real property valuation net tax capacity in the Bassett
Creek watershed area governed by this Agreement.
(b) Fifty percent of all capital costs or the financing thereof shall be
apportioned to each member on the basis of the total area of each member
within the boundaries of the watershed each year to the total area in the
Bassett Creek watershed area governed by this Agreement.
(c) Capital costs allocated under the 50% area/50% net tax capacity formula
herein set forth may be varied by the Commission by a 2/3rds vote if:
(1) any member community receives a direct benefit from the capital
improvement which benefit can be defined as a lateral as well as a
trunk benefit, or
(2) the capital improvement provides a direct benefit to one or more
members which benefit is so disproportionate as to require in a
sense of fairness a modification in the 50/50 formula.
(d) Credits to any member for lands acquired by said member to pond or store
storm and surface water shall be allowed against costs set forth in
Subsections (a), (b), and (c) of this Section.
(3) If the project is constructed and financed pursuant to Minnesota Statutes, Section
103B. 251, the members understand and agree that said costs will be levied on all
taxable property in the watershed as set forth in the statute.
453434v1 BA295-1 17
MISCELLANEOUS PROVISIONS
IX.
Subdivision 1. The Commission shall not have the power to issue certificates, warrants
or bonds.
Subdivision 2. The Commission shall not have the power of eminent domain and shall
not own any interest in real property. All interests in lands shall be held in the name of the
corporate member wherein said lands are located.
Subdivision 3. The Commission shall not have the power to levy a special assessment
upon any privately or publicly owned land. All such assessments shall be levied by the member
wherein said lands are located. It shall have the power to require any member to contribute the
costs allocated or assessed according to the other provisions of this agreement.
Subdivision 4. Each member agrees that it will not directly or indirectly collect or divert
any additional surface water to the Mississippi River or its tributaries from any subdistrict or
subtrunk without a permit from the Board of Commissioners. Permits may be granted by the
Board for a member to proceed with the construction or reconstruction of improvements within
the individual corporate members’ boundaries and at its sole cost upon a finding:
(a) that there is an adequate outlet; and
(b) that said construction is in conformance with the overall plan; and
(c) that the construction will not adversely affect other members of this agreement.
Subdivision 5. Any member who is more than 60 days in default in contributing its share
to the general fund shall have the vote of its Board member suspended pending the payment of
its proportionate share.
Any member who is more than 60 days in default in contributing its proportionate share
of the cost of any improvement to the contracting member shall upon application of the
contracting member have the vote of its Board member suspended, pending the payment of its
proportionate share.
Any Board member whose vote is under suspension shall not be considered as an eligible
member as such membership affects the number of votes required to proceed on any matter
under consideration by the Board.
DURATION
X.
Subdivision l. Each member agrees to be bound by the terms of this agreement until
January 1, 2025, and it may be continued thereafter at the option of the parties.
Subdivision 2. This agreement may be terminated prior to January 1, 2025, by the
unanimous consent of the parties. If the agreement is to be terminated, a notice of the intent to
453434v1 BA295-1 18
dissolve the Commission shall be sent to the Board of Water and Soil Resources and to Hennepin
County at least 90 days prior to the date of dissolution.
Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any
member may petition the Board to dissolve the agreement. Upon 90 days notice in writing to the
clerk of each member governmental unit and to the Board of Water and Soil Resources and to
Hennepin County, the Board shall hold a hearing and upon a favorable vote by a majority of all
eligible votes of then existing Board members, the Board may by Resolution recommend that the
Commission be dissolved. Said Resolution shall be submitted to each member governmental
unit and if ratified by three-fourths of the councils of all eligible members within 60 days, said
Board shall dissolve the Commission allowing a reasonable time to complete work in progress
and to dispose of personal property owned by the Commission.
DISSOLUTION
XI.
Upon dissolution of the Commission , all property of the Commission shall be sold and
the proceeds thereof, together with monies on hand, shall be distributed to the eligible members
of the Commission. Such distribution of Commission assets shall be made in proportion to the
total contribution to the Commission as required by the last annual budget.
EFFECTIVE DATE
XII.
This agreement shall be in full force and effect upon the filing of a certified copy of the
resolution approving said agreement by all nine members. Said resolution shall be filed with the
Chair of the existing Bassett Creek Watershed Management Commission (presently W. Peter
Enck of the City of New Hope), who shall notify all members in writing of its effective date and
shall set the date for the next meeting to be conducted under this amended Joint Powers
Agreement.
IN WITNESS WHEREOF, the undersigned governmental units, by action of their
governing bodies, have caused this agreement to be executed in accordance with the authority of
Minnesota Statutes Sections 103B. 211 and 471.59.
453434v1 BA295-1 19
CLL-237616v1 1
SH220-1
AMENDMENT TO AMENDED JOINT AND COOPERATIVE AGREEMENT
ESTABLISHING THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION
TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT
OF THE SHINGLE CREEK WATERSHED
THIS AGREEMENT is made by and between the cities of Brooklyn Center, Brooklyn Park, Crystal,
Maple Grove, Minneapolis, New Hope, Osseo, Plymouth, and Robbinsdale, all of which are Minnesota
municipal corporations (the "Member Cities").
WITNESSETH:
WHEREAS, the Member Cities are parties to a joint powers agreement forming the Shingle Creek
Watershed Management Commission entitled the AMENDED JOINT AND COOPERATIVE
AGREEMENT ESTABLISHING THE SHINGLE CREEK WATERSHED MANAGEMENT
COMMISSION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE SHINGLE
CREEK WATERSHED (the "Joint Powers Agreement"), the effective date of which was May 1, 1994; and
WHEREAS, the Member Cities wish to amend the Joint Powers Agreement as hereinafter provided;
NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements
contained in the Joint Powers Agreement as hereinafter amended, the parties agree to amend the Joint Powers
Agreement as follows:
1. Article VIII. FINANCES is amended to read as follows:
Subdivision 1. The Commission funds may be expended by the Board in accordance with this
agreement and in accordance with the procedures as established by law and in the manner as may be
determined by the Board. The Board shall designate one or more national or state bank or trust
companies, authorized by Chapters 118 and 427 of the Minnesota Statutes to receive deposits of public
moneys and to act as depositories for the Commission funds. In no event shall there be a disbursement of
Commission funds without the signature of at least two Board members, one of whom shall be the
Treasurer or the Treasurer's Authorized Deputy Treasurer. The Treasurer shall be required to file with
the Secretary of the Board a bond in the sum of at least $10,000 or such higher amount as shall be
determined by the Board. The Commission shall pay the premium on said bond.
Subdivision 2. Each member agrees to contribute each year to a general fund, said fund to be
used for general administration purposes including, but not limited to: salaries, rent, supplies,
development of an overall plan, engineering and legal expenses, insurance, and bonds, and to purchase
and maintain devices to measure hydrological and water quality data. Said funds may also be used for
CLL-237616v1 2
SH220-1
normal maintenance of the facilities, but any extraordinary maintenance or repair expense shall be treated
as an improvement cost and processed in accordance with Subdivision 5 of this Article. The annual
contribution by each member shall be based fifty percent (50%) on the net tax capacity of all property
within the Watershed and fifty percent (50%) on the basis of the total area of each member within the
boundaries of the watershed each year to the total area in the Shingle Creek Watershed.
Subdivision 3.
(a) An improvement fund shall be established for each improvement project instituted under
Article VII, Subdivision 3. Each member agrees to contribute to said fund its proportionate share of the
engineering, legal and administrative costs as determined by the Commission as the amount to be assessed
against each member as a cost of the improvement. The Board shall submit in writing a statement to each
member, setting forth in detail the expenses incurred by the Commission for each project.
Each member further agrees to pay to or contract with the member governmental unit awarding said
contract for the improvement, its proportionate share of the cost of the improvement in accordance with the
determination of the Board under Article VII, Subdivision 4. The member awarding the contract shall
submit in writing copies of the engineer's certificate authorizing payment during construction and the
member being billed agrees to pay its proportionate share of said improvement costs within 30 days after
receipt of the statement. The member awarding the contract shall advise other contributing members of the
tentative time schedule of the work and the estimated times when the contributions shall be necessary.
(b) Notwithstanding the provisions of paragraph (a) of this subdivision, the Commission may
by a vote of 2/3rds of all eligible votes of the then existing members of the Commission decide to proceed
to fund all or any part of the cost of a capital improvement contained in the capital improvement program
of the plan pursuant to the authority and subject to the provisions set forth in Minnesota Statutes, Section
103B.251. It is expressed as a goal of this Agreement that cost sharing of capital improvement costs be
assigned and agreed to by members pursuant to Article VIII, Subdivision 7, Subsections 1 and 2 of this
Agreement. Without such agreement, all improvements will be constructed pursuant to Minnesota
Statutes, Section 103B.251. The Commission and Hennepin County may establish a maintenance fund to
CLL-237616v1 3
SH220-1
be used for normal and routine maintenance of an improvement constructed in whole or in part with
money provided by Hennepin County pursuant to Minnesota Statutes, Section 103B.251. The levy and
collection of an ad valorem tax levy for maintenance shall be by Hennepin County based upon a tax levy
resolution adopted by a majority vote of all eligible members of the Commission and remitted to the
County on or before the date prescribed by law each year. If it is determined to levy for maintenance, the
Commission shall be required to follow the hearing process established by Minnesota Statutes, Sections
103D.915 and 103D.921 and acts amendatory thereof and in addition thereto. Mailed notice shall be sent
to the Clerk of each member municipality at least 30 days prior to the hearing.
Subdivision 4. On or before July 1 of each year, the Board shall adopt a detailed budget for the
ensuing year and decide upon the total amount necessary for the general fund. Budget approval shall
require a favorable vote by a majority of all eligible votes of the then existing members of the Board.
The secretary of the Board shall certify the budget on or before July 1 to the clerk of each member
governmental unit together with a statement of the proportion of the budget to be provided by each member.
The Council of each member agrees to review the budget, and the Board shall upon written notice
from any member received prior to August 1, hear objections to the budget, and may, upon notice to all
members and after a hearing, modify or amend the budget, and then give notice to the members of any and
all modifications or amendments.
Subject to the limitations of Subdivision 5 below, each member agrees to provide the funds
required by the budget. If no objections are submitted to the Board, each member agrees to provide the
funds approved by the Board, after the Board has conducted the aforementioned hearing. Modifications
or amendments to the original budget require a favorable vote by a majority of all eligible voters of then
existing members of the Board.
The schedule of payments by the members shall be determined by the Board in such a manner as
to provide for an orderly collection of the funds needed.
Subject to the limitations of Subdivision 6 below, upon notice and hearing, the Board by a favorable
vote of a majority of all eligible votes of then existing members may adopt a supplemental budget requiring
CLL-237616v1 4
SH220-1
additional payments by the members within 60 days of its adoption but in no event shall the budget require
any member to contribute in excess of one-half of one percent of the net tax capacity of all taxable property
within the watershed or within any member's corporate boundaries in any one calendar year.
Members' attention is drawn to Minnesota Statutes, Section 103B.245, which authorizes a
Watershed Management Tax District to be created within each member City to pay the costs of planning
and for the purpose of paying capital costs and/or normal and routine maintenance of facilities.
Subdivision 5. Assessments levied against Member Cities for general fund purposes are subject
to all of the following limitations:
1. Assessment Cap.
A. Definition. For purposes of this subdivision, the term "Assessment Cap" means
the total amount that the Commission may levy against Member Cities for general fund purposes in any
year without the consent of a majority of Member Cities. The Assessment Cap for 2004 is $262,750.
Thereafter, the Assessment Cap will increase or decrease each year based, pro rata, on the annual change in
the consumer price index (U.S. City Average, All Items, All Urban Consumer) to the end of the second
quarter of the preceding year. (For example, the Assessment Cap for 2005 will be adjusted on the basis of
the change in the CPI from the end of the second quarter of 2003 to the end of the second quarter of 2004.)
B. Limitation and City Consent. The Commission may levy an amount for general
fund purposes in excess of the Assessment Cap only with the consent of a majority of Member Cities
expressed by resolutions duly adopted by the city councils before September lst of the preceding year.
The Commission may request authority to exceed the Assessment Cap for one or more years.
If a majority of Member Cities do not consent to the levy of an assessment in excess of
the Assessment Cap, the Commission may levy an amount up to the Assessment Cap and the Commission
will make necessary changes to the budget.
2. Limitation on Increase of Assessment. The Commission may not assess a total levy
against Member Cities for general fund purposes in any year in an amount that exceeds 120% of the
CLL-237616v1 5
SH220-1
previous years' assessment without the consent of a majority of the Member Cities given in the same
manner as described in paragraph 1B above.
3. Limitation Based on Tax Capacity. The Commission may not assess a levy or
combination of levy and supplemental levies against the Member Cities for general fund purposes in any
one year that requires any member to contribute an amount in excess of one-half of one percent of the net
tax capacity of that portion of the city lying within the Watershed.
Subdivision 6. Supplemental Budget and Limit on Assessment. The Board may adopt a
supplemental budget in accordance with Subdivision 4. However, the amount assessed against the Member
Cities for general fund purposes, when added together with other assessments for general fund purposes for
the same year, may not exceed the limitations on assessments set forth in Subdivision 5 without the consent
of the Member Cities. The consent of the Member Cities shall be secured in the same manner as is provided
in Subdivision 5, except that the September 1 deadline for Member City approval does not apply.
Subdivision 7. Cost Allocation for Capital Projects. The Commission shall apportion to the
respective members on either (1), (2) or (3) of the following bases:
(1) A negotiated amount to be arrived at by the members who have lands in the subdistrict
responsible for the capital improvement.
(2) (a) Fifty percent of all capital costs or the financing thereof shall be apportioned to
each member on the basis of the net tax capacity of each member within the
boundaries of the watershed to the total net tax capacity in the Shingle Creek
Watershed area governed by this Agreement.
(b) Fifty percent of all capital costs or the financing thereof shall be apportioned to
each member on the basis of the total area of each member within the boundaries
of the watershed each year to the total area in the Shingle Creek Watershed
governed by this Agreement.
(c) Capital costs allocated under the 50% area/50% net tax capacity formula herein
set forth may be varied by the Commission by a 2/3rds vote if:
July 2018 City of New Hope
Local Surface Water Management Plan
Appendix C
Water Quality Cash Dedication
Methodology
Calculation of Cash Dedication – Supplemental Information
City of New Hope LWMP
Introduction
The following is a more detailed explanation of the calculation of cash dedications for new and re-
development projects as proposed in the New Hope Local Water Management Plan. Guidance for
calculation of the cash dedication amounts is presented in Section 6.7. This method is similar to the
methods used in several other Twin City Metro area suburbs.
Background
The method of cash dedication calculation proposed in the draft plan relies on the use of a water quality
pond design program called PONDSIZE to determine the size of a hypothetical pond recommended to treat
runoff from the development in question. This model requires input on the area of the proposed
development, how much of the site will be covered by impervious surfaces (such as rooftops, driveways,
and streets), and the capability of non-impervious areas to absorb precipitation. The output of the
PONDSIZE model provides information on the surface area of the pond at normal water level, the volume of
the standing water pool in the pond (i.e. between the normal water level and the bottom of the pond), and
the mean depth of the standing water pool. Depending on the land use proposed for the development, the
area of the hypothetical pond (acres) in the model output is then multiplied by the appropriate unit land
cost (see Section 6.7 for unit costs) and the pond volume (in cubic yards) is multiplied by the unit pond
volume cost. The two costs are summed. A cost for appurtenances is then added which is 20% of the sum
of the land and pond volume cost or $4,000, whichever is less. The total of the pond area cost, the pond
volume cost, and the appurtenance cost is the total cash dedication for the development.
The same general method is used when figuring a cash dedication for a redevelopment or site expansion
project where impervious coverage would be expanded as a result of the redevelopment or site expansion
activity. The purpose of this proposed provision is to provide an incentive to avoid expansion of impervious
coverage associated with redevelopment or site expansion projects. Impervious coverage is directly tied to
the pollutant export characteristics of urban land; the higher the impervious coverage, the greater the
pollution mass generated by that unit of land.
Explanation of Cash Dedication Calculations
The following is an explanation for calculation of cash dedication amounts for each of the four examples
shown in Section 6.7 of the Local Water Management Plan.
1. Example: Two-acre new medium-density residential development (50% impervious coverage)
Explanation:
Based on a development area of 2 acres and an impervious coverage of 50% as well as a simple
pro-rata adjustment to account for the small size of the development, the PONDSIZE model
generates a hypothetical pond 0.10 acres in area with a wet volume of 0.241 acre-feet (.241 acre-
feet X 1613 yds3/acre-foot = 388 yds3). Since the development is residential, the pond area of
0.102 acres is multiplied by $150,000/acre (see Section 6.7) to give $15,270. The pond volume of
388 yd3 is multiplied by the unit pond volume cost of $4/yd3 (see Section 6.7) to give $1,550. The
sum of these amounts is $16,820. The appurtenance cost is $3,360 (the lesser of 20% of this
amount or $4,000). Thus, the total cash dedication is approximately $20,190.
2. Example: Four-acre commercial redevelopment (from 75% to 80% impervious coverage)
Explanation:
Using the same model inputs as above but adjusting the impervious coverage to 80%, the
PONDSIZE model generates a hypothetical pond area of 0.281 acres, with a wet volume of 0.695
acre-feet (1122 yd3). The development is commercial, so the pond area of .281 acres is multiplied
by $200,000/acre to give $56,200. The pond volume of 1122 yd3 is multiplied by $4/yd3 to give
$4,490. The sum of these amounts is $60,690. The appurtenance cost is the lesser of 20% of
this figure ($12,140) or $4,000. Thus the total cash dedication amount is $56,200 + $4,490 +
$4,000 = $64,690.
3. Example: Two-acre commercial redevelopment project with no increase in impervious coverage
Explanation:
The City will not require a water quality cash dedication when a redevelopment project does not
increase the existing impervious percentage. The purpose of this standard is to discourage
increases in impervious coverage for redevelopment projects.
July 2018 City of New Hope
Local Surface Water Management Plan
Appendix D
City of New Hope Design Guidelines
City of New Hope
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1
4
Pe
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1
5
La
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1
6
Pr
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1
7
Lo
c
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o
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a
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d
S
c
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n
i
n
g
o
f
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,
L
o
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1
8
Li
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1
9
Si
g
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2
1
Hi
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2
3
Tr
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F
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2
6
St
o
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2
7
AP
P
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N
D
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Ap
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x
A
:
P
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2
8
Ap
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S
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3
0
Ci
t
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o
f
N
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w
H
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p
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De
s
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G
u
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s
2
March 24, 2008
In
g
e
n
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r
a
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,
b
u
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d
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s
w
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o
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c
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m
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f
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q
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Th
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:
1)
T
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fi c
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4
March 24, 2008
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Ge
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4)
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10
March 24, 2008
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City of New Hope
De
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G
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d
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l
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11
Ma
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De
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12
March 24, 2008
Bu
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P
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CI
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City of New Hope
De
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14
March 24, 2008
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De
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De
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G
u
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l
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e
s
16
March 24, 2008
La
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Si
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City of New Hope
De
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t
a
n
t
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l
m
u
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a
m
e
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i
c
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a
l
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o
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”
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a
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s
s
w
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l
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a
a
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a
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a
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k
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De
s
i
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G
u
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e
l
i
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e
s
18
March 24, 2008
Lo
c
a
t
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a
n
d
S
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De
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19
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.
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r
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fi xtures.
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r
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a
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fi x
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r
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s
.
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fi xtures should be employed
to
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l
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m
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s
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fi x
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e
t
s
c
a
p
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.
Ci
t
y
o
f
N
e
w
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o
p
e
De
s
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g
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G
u
i
d
e
l
i
n
e
s
20
March 24, 2008
Li
g
h
t
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n
g
,
c
o
n
t
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n
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e
d
Pe
d
e
s
t
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2
n
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r
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p
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p
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:
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24
March 24, 2008
A.
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City of New Hope
De
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25
Ma
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s
26
March 24, 2008
AL
L
D
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Ob
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t
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De
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s
30
March 24, 2008
St
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B
:
City of New Hope
De
s
i
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G
u
i
d
e
l
i
n
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s
31
Ma
r
c
h
2
4
,
2
0
0
8
A.
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t
e
n
t
i
o
n
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h
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m
a
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a
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a
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m
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.
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n
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r
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a
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d
ru
n
o
f
f
v
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l
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m
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s
.
B.
I
n
f
l
t
r
a
t
i
o
n
In
fi
l
t
r
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t
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r
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f
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m
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a
.
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h
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m
a
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fl o
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l
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l
a
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,
w
h
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m
a
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m
a
k
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fi ltration dif fi cult in some cases.
Tr
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fi l
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l
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s
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a
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c
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m
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r
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as
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t
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.
T
h
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s
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r
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c
a
p
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f
a
l
l
o
w
i
n
g
i
n
fi ltration. Pervi-
ou
s
a
s
p
h
a
l
t
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s
n
o
t
r
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c
o
m
m
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n
d
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f
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l
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y
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t
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f
r
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q
u
e
n
t
re
p
l
a
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n
t
.
Ro
o
f
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o
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n
s
p
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y
s
t
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m
s
-
R
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d
o
w
n
s
p
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a
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a
m
b
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s
o
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v
a
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a
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ti
o
n
s
o
f
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n
fi l
t
r
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t
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o
n
t
r
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n
c
h
e
s
t
h
a
t
a
r
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s
p
e
c
i
fi c
a
l
l
y
d
e
s
i
g
n
e
d
t
o
a
c
c
e
p
t
a
n
d
i
n
fi ltrate roof drainage only. They
sh
o
u
l
d
b
e
c
o
v
e
r
e
d
w
i
t
h
r
i
p
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a
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d
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p
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t
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w
a
t
e
r
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s
e
r
o
s
i
v
e
e
n
e
r
g
y
.
Fi
g
u
r
e
V
I
-
1
:
G
r
a
v
e
l
T
r
e
n
c
h
So
u
r
c
e
:
C
l
a
y
t
o
r
Ap
p
e
n
d
i
x
B
,
c
o
n
t
i
n
u
e
d
:
Fi
g
u
r
e
V
I
-
2
:
S
t
r
e
e
t
I
n
f
i
l
t
r
a
t
i
o
n
T
r
e
n
c
h
Fi
g
u
r
e
V
I
-
3
:
P
e
r
v
i
o
u
s
P
a
v
i
n
g
Ci
t
y
o
f
N
e
w
H
o
p
e
De
s
i
g
n
G
u
i
d
e
l
i
n
e
s
32
March 24, 2008
C.
B
i
o
f
l
t
r
a
t
i
o
n
Bi
o
fi l
t
r
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t
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F
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,
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p
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a
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.
Fi
g
u
r
e
V
I
-
4
:
V
e
g
e
t
a
t
e
d
S
w
a
l
e
Fi
g
u
r
e
V
I
-
5
:
B
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o
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t
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n
t
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P
a
r
k
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g
M
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a
n
Ve
g
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t
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d
F
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.
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a
m
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f
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fi ltration
fa
c
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l
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s
.
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d
i
a
F
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r
s
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h
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in
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fi t
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s
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t
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Ap
p
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n
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x
B
,
c
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t
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d
:
City of New Hope
De
s
i
g
n
G
u
i
d
e
l
i
n
e
s
33
Ma
r
c
h
2
4
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2
0
0
8
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En
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t
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fi ltration/fi ltration
sy
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fi lter media (sand/crushed
li
m
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)
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Fi
g
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r
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V
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8
:
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t
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t
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w
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r
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:
C
l
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Fi
g
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V
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-
6
:
B
i
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t
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g
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7
:
B
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t
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w
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p
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r
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t
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t
r
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p
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c
t
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So
u
r
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e
:
C
l
a
y
t
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r
Ap
p
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n
d
i
x
B
,
c
o
n
t
i
n
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d
:
Ci
t
y
o
f
N
e
w
H
o
p
e
De
s
i
g
n
G
u
i
d
e
l
i
n
e
s
34
March 24, 2008
E.
S
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sw
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I:\RFA\City Manager\2020\12.1 Q - Upcoming Events.docx
Request for Action
June 22, 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 24 1:30 p.m. – Joint Water Commission Meeting (Virtual)
June 27 9 a.m. to 1 p.m. – New Hope Community Farmers Market
July 1 8:30 a.m. – Business Networking Group Meeting (Virtual)
July 3 Independence Day (Observed), City Offices Closed
July 4 9 a.m. to 1 p.m. New Hope Community Farmers Market
July 6 No Human Rights Commission Meeting
4 p.m. – Blue Line Coalition Meeting (Virtual)
July 7 7 p.m. – Planning Commission Meeting (Virtual)
July 8 6:30 p.m. – West Metro Fire-Rescue District Board Meeting (Virtual)
July 9 12:30 p.m. – Shingle Creek Watershed Management Commission Meeting
(Virtual)
July 11 9 a.m. to 1 p.m. – New Hope Community Farmers Market
July 13 No City Council Meeting
Agenda Section
Other Business
Item Number
12.1
Request for Action, Page 2
July 14 No Citizen Advisory Commission Meeting
July 15 2:30 p.m. – Business Networking Group Meeting (Virtual)
July 16 8:30 a.m. – Bassett Creek Watershed Management Commission Meeting (Virtual)
July 18 9 a.m. to 1 p.m. – New Hope Community Farmers Market
July 20 No Council Work Session
July 22 7 p.m. – Candidates Forum Sponsored by League of Women Voters
July 25 9 a.m. to 1 p.m. – New Hope Community Farmers Market
July 27 7 p.m. – City Council Meeting