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072720 City Council Meeting Packet NEW HOPE CITY COUNCIL MEETING AGENDA July 27, 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, July 27, 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 133 710 6939 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 – July 27, 2020 2. ROLL CALL 3. APPROVAL OF MINUTES:  Work Session Minutes – June 15, 2020  Council Meeting Minutes – June 22, 2020 4. OPEN FORUM 5. PRESENTATIONS 6. CONSENT BUSINESS 6.2 Approval of financial claims through July 27, 2020 6.4 Motion ratifying approval to Pub42 to dispense liquor off premises for the HeyDay softball tournament held July 16-19, 2020 6.5 Motion accepting contributions for the cancelled 2020 Safety Camp 6.6 Motion accepting donations for the 2020 Movies in the Park 6.7 Resolution approving change order no. 9 with a deduct amount of $26,730 with Donlar Construction Company for the pool construction project (Improvement Project No. 995) 6.8 Resolution approving change order no. 5 in the amount of $3,855.10 with American Liberty Construction, Inc. for the theatre construction project (Improvement Project No. 941) 6.9 Resolution approving final payment to S.R. Weidema, Incorporated in the amount of $47,197.20 for the 2019 Winpark Drive Infrastructure Improvement Project (Improvement Project No. 1019) 7. PUBLIC HEARING 8. DEVELOPMENT AND PLANNING 8.1 Resolution approving conditional use permit for Calvary Chapel New Hope dba Calvary Chapel Twin Cities at 9220 Bass Lake (New Hope Planning Case 20-08) 8.2 Resolution awarding a contract to Allied Blacktop Company for $74,887.40 for the 2020 Crack Repair and Seal Coat project (Improvement Project No. 1045) 8.3 Resolution authorizing the preparation of a feasibility report for construction of the 2021 infrastructure improvements project (improvement project no. 1051 9. PETITIONS AND REQUESTS 10. ORDINANCES AND RESOLUTIONS 10.1 Ordinance 20-08, An ordinance regulating the sale of tobacco and related devices and products within the city of New Hope, Minnesota (including adoption of summary ordinance for publication purposes) 10.2 Ordinance 20-10, An ordinance amending the New Hope zoning map established by New Hope code section 4-4(b) by rezoning 4215 Louisiana Avenue North from CB, Community Business District to R-1, Single –family Residential District (New Hope Planning Case 20-07) 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: July 23, 2020 Subject: Agenda Items for Monday, July 27, 2020 Open Forum Staff is not aware of anyone planning to address the Council for the Open Forum. Items 6.1, 6.2, and 6.3 Item 6.1 – there are no business license requests. Item 6.2 - involves routine financial claims. Item 6.3 – there are no new liability claims to report. Item 6.4 This item ratifies prior approval given to Pub42 to conduct liquor sales at the HeyDay event during the softball tournament at Victory Park on July 16-19, 2020. The Council was consulted by email regarding the activity and there were no objections. Pub42 provided the ne cessary certificate of insurance and the police department conducted a compliance check to ensure there were no underage sales. The city clerk and I recommend approval. Item 6.5 This item accepts the contributions for the 2020 safety camp. Due to COVID-19, the program will not be held this year so the funds will be transferred to the 2021 safety camp. The city appreciates the donations and thank you letters have been sent to donors and sponsors. Director Rader and I recommend acceptance of the contributions. Item 6.6 Council is asked to accept donations provided by West Metro Fire Auxiliary, New Hope Women of Today, and New Hope Lions for the 2020 Movies in the Park program. Movies will be held July 24 at the Crystal Community Center parking lot, and on August 21 and September 26 at the New Hope Performance Center at Civic Center Park. The movies are free of charge but registration is required to follow COVID-19 restrictions. Director Rader and I recommend acceptance of the donations. Item 6.7 This item approves change order no. 9 for an overall credit of $26,730 by Donlar Construction Company for the pool construction project. The change order includes $2,072 for additional fire code- related items requested by West Metro Fire; $1,598 for replacing the hose bibb type in the bathhouse showers, a credit of $25,400 for concrete testing which is being handled through another party and paid by the city; and a credit of $5,000 for reimbursement of engineering costs related to feedback of concrete deck repairs around the pool. The change order decreases the contract amount from $11,473,640.84 to $11,446,910.84. Director Rader and I recommend approval. Item 6.8 This item approves change order no. 5 for $3,855.10 with American Liberty Construction for the theatre construction project. The city’s building official recommended the installation of snow and ice guards for the metal roofs of the theatre and picnic pavilion. Although the buildings will not be utilized in winter months, the snow and ice guards will provide safety measures for pedestrians during snow melt. The city engineer stated the pricing was reasonable, and the city manager approved the expense due to time constraints. The change order increases the contract to $1,490,082.75. Director Rader and I recommend approval. Item 6.9 In February of 2019, S.R. Weidema, Inc. was awarded the contract for the 2019 Winpark Drive infrastructure project for $1,664,903.01. An incentive payment of $20,000 was paid on the project because the work was substantially completed by September 27, 2019. The revised contract with the incentive payment is $1,684,903.01. The final project cost was $1,530,754.15 or $154,148.86 under the revised contract amount due to subgrade correction, restoration, and other bid items coming in less than estimated. All work is complete and the city engineer recommends acceptance of the project and final payment of $47,197.20 to S.R. Weidema. Director Weber and I recommend approval. Item 8.1 This item approves a conditional use permit for Calvary Chapel New Hope at 9220 Bass Lake Road. The property is a multi-tenant building in an R-O, Residential Office, zoning district. Religious uses of properties are allowed in this zoning district by conditional use permits. The Planning Commission considered the request at its meeting of July 7 and recommend approval subject to conditions outlined in the resolution (tenant occupancy, church hours of operation, and plan approval by the fire marshal and building official). Director Sargent and I recommend approval. Item 8.2 This item awards a contract to the low bidder, Allied Blacktop Company, for $74,887.40 for crack repair and seal coat work in 2020. This activity is performed on streets to maximize the life of the pavement. This year’s project area includes streets west and north of city hall, a cul-de-sac on Ensign Ave/35th, Sumter Ave north of Bass Lake Road, a small area on 58th Avenue between Quebec and Pennsylvania, and the golf course parking lot. The city engineer’s estimate for the project was $110,000, and the CIP budget contains $150,828 for the work. It should be noted that Allied Blacktop is not the company that performed the problematic crack filling on Boone Avenue. Allied Blacktop has completed similar projects in the city in the past and has received favorable recommendations from staff. Director Weber and I recommend approval. Item 8.3 This item authorizes preparation of a feasibility report for construction of the 2021 infrastructure project. The city’s capital improvement plan and pavement management plan identifies street and utility improvements near Lions Park. The feasibility report will identify proposed improvements and costs. The estimated cost for the project is $1,871,330 which would be funded primarily with street infrastructure funds. The feasibility report would be presented to Council this fall. Director Weber and I recommend approval. Item 10.1 Ordinance 20-08 regulating the sale of tobacco and related devices and products is being reconsidered by Council. Council previously reviewed the ordinance amendment and passed it by a 4-1 vote on May 26, 2020. At the advice of the city attorney, the ordinance amendment is being reconsidered by Council to allow for a one-month notice of the meeting to all tobacco licensees of the city. Notices were mailed June 16, 2020 regarding the July 27 Council Meeting. Some of the changes include raising the age to purchase tobacco products from 18 to 21, raising the age of those allowed to sell tobacco products to 18, banning the sale of all flavored tobacco products except for mint, menthol and wintergreen, prohibiting the sale of tobacco at any facility that contains an on-site pharmacy and capping the number of tobacco licensees in the city to the total number of licenses held at the beginning of 2021. Following the May 26 meeting staff was contacted by some license holders and customers who opposed the amendment. It should be noted that some businesses have provided input since the initial February Citizen Advisory Commission meeting and believe the proposed ordinance is a good compromise. A representative from Hy-Vee has requested an opportunity to speak at the meeting, and other businesses and/or representatives from Hennepin County may also want to comment on the ordinance. Director Sargent and I recommend approval of the ordinance amendment and summary ordinance for publication purposes. Item 10.2 The EDA purchased the distressed property at 4215 Louisiana Avenue North in February of 2020. The property abuts single-family homes and commercial properties. The property is zoned CB, community business, and staff recommends rezoning it to R-1, single-family residential so it is consistent with the 2040 Comprehensive Plan. The structure has been demolished and if the rezoning is approved, a request for proposals will be sent to developers and a new single-family home will be constructed on the site. The planning commission considered the rezoning request at its July meeting and recommended approval. Director Sargent and I recommend approval. Item 12.1 Mayor Hemken will review upcoming meetings and events. If you have any questions regarding items in the agenda packet, please call the city clerk or me before the meeting so that staff can research any issues and be prepared to respond at the meeting. City Council Work Session June 15, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes Work Session Meeting June 15, 2020 Civic Center Conference Room Virtual Meeting via 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 Megan Hedstrom, Stormwater Specialist Vicki Holthaus, AEM Rich Johnson, Director of HR/Admin. Services Beth Kramer, Communications Coordinator Valerie Leone, City Clerk Susan Rader, Director of Parks & Recreation Jeff Sargent, Director of Community Development Stacy Woods, Assistant City Attorney Also present: Bonnie Schwieger, AEM Stacie Kvilvang, Ehlers Tim Pratt, HRG 2019 TIF PROJECTIONS Item 11.1 Mayor Hemken introduced for discussion item 11.1, Update on Tax Increment Finance (TIF) 2019 cash flow projections. Ms. Bonnie Schwieger, AEM, explained tax increment financing is a financial tool to spur development. She reviewed the 2019 Cash Flow Projections report for the city’s 12 TIF districts. She noted three districts are inactive. She stated by using tax increment as an economic development tool, the city’s total market value has increased over $145 million. Ms. Schwieger noted over the next ten years the cash balance is expected to decrease, largely due to ongoing support of the city’s scattered site housing program and increasing operating costs. The scattered site housing program is expected to require more city support as funding from the community development block grants decreases. She stated to improve the EDA cash position, the following opportunities City Council Work Session June 15, 2020 Page 2 are being considered: 1) reallocating excess increment received to the EDA budget to achieve $30,000 annually; 2) utilize available district funds to support the scattered site housing program; and 3) review payroll cost allocations and payroll documentati on procedures for reallocation of TIF related payroll expenses to the related districts. Ms. Schwieger reviewed the TIF districts that provided interfund loans to other TIF districts. She noted the loans cover cash deficits or costs associated with the pu rchase and sale of redevelopment property. Council Member London inquired of the reason for the negative cash balances on some districts. Ms. Schwieger reviewed TIF District 04-1. She stated as the value increases, increment is earned and the district is repaid to reduce the negative balance. Ms. Stacie Kvilvang, Ehlers, was recognized. She commented that in a district where money is paid up front, there will be a negative balance whereas there would not be a negative balance for a “pay as you go” scenario. Ms. Schwieger addressed administrative fees. She stated TIF districts are allowed to charge up to 10 percent for allowable administrative costs. She stated the goal is to capture and report time spent working on TIF districts or related costs. Council Member London noted the city has many financing tools. He cautioned against allowing properties to become blighted. He asked how the city can determine if a good decision was made issuing TIF for a project. He also inquired if there is a maximum amount of TIF that can be issued through a city. Ms. Schwieger indicated the report reflects cash flows and projections to pay off obligations. She explained interfund loans and pooled resources. She stated the IRS does not permit cities to report a negative cash balance in a TIF district. Ms. Schwieger stated there is no limit on the amount of TIF issued by the city. Ms. Kvilvang stated it is a local decision based on needs for economic development in the city. She commented that the city’s market value would not have increased the $145 million without the use of tax increment financing. Mayor Hemken thanked Ms. Schwieger and Ms. Kvilvang for the report. POOL/CIVIC CENTER PARK/CITY HALL LANDSCAPING PROJECTS UPDATE (IMPROVEMENT PROJECT NOS. 995/941/994) Item 11.2 Mayor Hemken introduced for discussion item 11.2, Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering (Improvement Project Nos. 995/941/994). Mr. Dan Boyum, city engineer, and Ms. Susan Rader, director of parks an d recreation, provided a project update. Mr. Boyum explained that Sunram, the contractor for the green contract, has started placing remaining trees as well as plants around the City Hall site and parking lot. Rock for the front is expected the first part of July, and final plantings will take place City Council Work Session June 15, 2020 Page 3 following the rock installation. They have also installed the final storm sewer piping and structures around the vortex pool. Irrigation drip lines for plants have been installed. Blow-mulch has been placed throughout the park area. Sunram’s electrical subcontractor continues to work on light poles, bollards, and wiring throughout the park areas. Remaining concrete sidewalk along the north side of the city hall parking lot as well as stand-up curb near the theater area is scheduled to be placed after final fencing is placed by the pool contractor. The bituminous trail around the park areas is scheduled to be placed this week. Mr. Boyum reported on the performance center and picnic shelter project, the contractor has finished staining and sealing wood, stonework, concrete stage, and concrete slab at the picnic shelter. He stated staff recommends a change order for with American Liberty Construction for the theatre construction project to include installation of the 12” curb that was originally planned as part of the landscaping project for $7,693.75 to allow the performance center and picnic shelter contractor to finish the sidewalk, topsoil, irrigation, seeding, and sodding. He stated the change order would also include a deduct in the amount of $1,250 for not staining wood beams/roof decking above the theatre stage. He stated the change order would be $6,443.75, and the cost of the curb installation will be deducted from Sunram’s contract. Mr. Boyum stated American Liberty Construction is also preparing to complete the lighting at the performance center. He stated at the 50-meter pool, the pool contractor is finishing up grout and tile work and the pool has been filled for the “curing” time. Sodding and irrigati on is also installed in this area. In the bathhouse, the contractor continues work on the punchlist. A punchlist has also been prepared on the mechanical building, and work has started on addressing that list. The parking lot by the mechanical building has been paved. The vortex pool walls have been poured and backfilling was completed. The shallow water area, current channel and vortex pool were filled for a leak test this past weekend. The test was successful, so the pools were drained to prepare for the installation of the plaster. Foundations and posts for the south fence area were expected to be installed the week of June 8, with the chain link fencing installation expected this week. Mr. Boyum commented that staff has been meeting with Donlar regarding potential extensions for project completion. He stated it is unlikely that contractors will be eligible for any incentive pay for early or on-time project completion. He commented the city has the right to pursue liquidated damages if contractors do not finish by the completion date and this can be a negotiation tool. He reviewed intermediate inspection notices performed by Stantec for items that must be completed by the contractor prior to preparation of a final punchlist. Council Member London inquired of plans for trees and plantings for the trailhead located near Zealand and 44th. He stated plantings may help provide privacy for the homeowner. Director Rader stated staff met with the homeowner last fall to discuss plantings and installation will take place after completion of the trail. She stated after grading is complete, staff will review the traffic pattern and try to find ways to address concerns. City Council Work Session June 15, 2020 Page 4 Council supported placing the change order regarding the performance center on the consent agenda of June 22, 2020. POLICE POLICIES Item 11.3 Mayor Hemken introduced for discussion item 11.3, Dialogue between police department and Council regarding pol ice policies. Mr. Tim Fournier, director of police, thanked Council for the opportunity to review policies and procedures of the New Hope police Department. He stated Sergeant Pete Stanley handles officer training and is available to answer any questions as well. Chief Fournier provided history and background of standardizing police training in the state. He stated the Minnesota Police Officer Standards and Training (POST) Board requires ongoing training for police officers. He stated there are several mandated policies including: use of force, vehicle pursuit and emergency vehicle operations, allegations of misconduct, professional conduct of officers, respo nse to reports of missing and endangered persons, domestic abuse policies, predatory offender registration community notification, criminal conduct on school buses, lighting exemption of law enforcement vehicles, impartial policing, and procession of prope rty seized for administrative forfeiture. Chief Fournier stated the New Hope Police department has a history of proactive policy development, up-to-date training procedures, and officer accountability measures that continuously pass POST licensing annual audits. He stated the policies provided to Council included: mission and vision statements, community oriented policing, authorized use of force, firearms, firearms weapons training, operation of the MRAP, mobile audio and video recording, impartial policing, authorized use of protected helmets. He commented regarded the authorized use of force (verbal skills, empty hand techniques, intermediate weapons, and deadly force). He also pointed out officer performance in extremely stressful situations may cause physical and mental change such as sensory perception and motor skills. Mayor Hemken stated it is important to ensure a tragedy like the recent George Floyd death in Minneapolis not occur in New Hope. Chief Fournier commented that officers are equally responsible for each other’s actions and must speak up. He stated officers should feel empowered to intervene when appropriate. Chief Fournier and Sgt. Stanley responded to questions and comments by Council. Chief Fournier emphasized the importance of police personnel being involved in the community in a non-official capacity to build relationships. He stated New Hope has not had any complaints regarding excessive use of force. He also spoke of resources and expressed support to join forces with other cities to fund a social worker position that could meet community needs. He stated the city has City Council Work Session June 15, 2020 Page 5 squad car cameras and body cameras are being proposed for the 2021 budget. He stated the cameras help provide “transparency” with the public. Chief Fournier reviewed an email from resident Sara L’Heureaux that addressed the “8 Can’t Wait Campaign”. He responded to the eight items in the e-mail: 1) ban chokeholds and strangleholds; 2) require de-escalation; 3) require warning before shooting; 4) require exhaust all alternatives before shooting; 5) duty for other officers to intervene when excessive force is being taken by another officer; 6) ban shooting at moving vehicles; 7) require use of force continuum; and 8) require comprehensive reporting. Officer training was discussed. Sgt. Stanley noted New Hope’s officers receive 32-40 hours of training per year which is greater than is required. He stated scenario-based training is a large part of training. Chief Fourier provided Council with an open invitation to observe training or FATS machine. Sgt. Stanley stated the next simulation-based training will be held September 17 and 20. Council Member Frazier inquired of Chief Fournier’s opinion regarding a residency rule. Chief Fournier responded that mandating that officers live in the city should be a decision made by each individual city. He stated while interaction in the community is helpful, there is merit in officers disengaging from the job and that could be difficult to do if you lived and worked in the same city. Council Member Elder concurred there are benefits and disadvantages. Council thanked Chief Fournier and Sgt. Stanley for the i nformation. Council Member Frazier stated his intention to meet with Donna Meyer, chair of the New Hope Human Rights Commission, to discuss ways that the HRC can work on policing. ADA TRANSITION PLAN Item 11.4 Mayor Hemken introduced for discussion item 11.4, Receive presentation on the city’s ADA Transition Plan. Ms. Megan Hedstrom, storm water specialist/project coordinator, was recognized. She explained that staff began developing the ADA (American’s with Disabilities Act) 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. She stated the goal of the ADA Transition Plan is to bridge the gap between the Federal ADA requirements and our goal to provide an accessible community for all of our residents. This plan will work in conjunction with the existing Comprehensive Plan and the Complete Streets Policy. Ms. Hedstrom stated the ADA Transition Plan identifies physical obstacles that limit accessibility of programs or activities to persons with disabilities. She stated the plan also 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 City Council Work Session June 15, 2020 Page 6 Plan, as well as coordinating with Hennepin County and adjacent cities on projects. Ms. Hedstrom noted that if an ADA concern is expressed by a resident, improvements may be undertaken separate from an infrastructure project as mobility is an important matter. Ms. Hedstrom stated an inventory has been done of curb pedestrian ramps, sidewalks and trails, traffic signaled street intersections, and bus stops. Council Member London inquired of the different colors of pedestrian pedestrian curb ramps and suggested they be uniform. Ms. Hedstrom stated the pads are yellow, gray, and brown. She stated yellow was a plastic material that is no longer ADA compliant. She stated since 2015 the city has been using the gray colored product. Council supported the plan and authorized placing the item on the consent agenda of the June 22, 2020, Council Meeting. 2020 PERFORMANCE MEASUREMENTS SURVEY Item 11.5 Mayor Hemken introduced for discussion item 11.5, Discuss and/or approve the 2020 Performance Measurements Survey. Mr. Kirk McDonald, city manager, stated the Council recently decided to postpone the professional Morris Leatherman city-wide survey due to the pandemic. He stated Brandon Bell of the community development department prepared a 2020 survey similar to 2019 with additional questions requested by Council regarding staying in the city, appearance of city hall, newsletter delivery preference, and opportunities for input and feedback. He stated if Council approves the survey at this meeting it can be inserted with the July utility bills. The consensus of Council was to proceed with the community survey as presented. ORGANIC COLLECTION Item 11.6 Mayor Hemken introduced for discussion item 11.6, Review proposed revision to New Hope City Code regarding organics collection. Mr. Brandon Bell, community development assistant, stated in 2018, the Hennepin County Board passed a mandate that all cities in the county must provide curb side collection of organics by January, 2022. Waste M anagement, the current provider of recycling services in the city, has offered to add the citywide collection of organics to its contract at a cost of $2.15 per month, per household. This requires a separate cart for customers to use and a separate truck must pick up these carts. The only hauler currently offering joint organics collection is Randy’s Sanitation. Randy’s utilizes a patented blue bag that residents can place in their trash container that gets separated later from the garbage at a facility. Currently this service is offered at $58 per year ($4.83 per month). After discussion with all three City Councils, the HRG Board consisting of New Hope, Crystal and Brooklyn Center has decided that the best approach to fulfilling this obligation with the county is to amend the garbage and recycling code, so that all garbage haulers licensed in the city will be required to offer an organics collection City Council Work Session June 15, 2020 Page 7 service of some sort to their customers. Staff has worked with Tim Pratt, Administrator of the Hennepin County Recycling Group, to write language in the code that would implement this requirement. Along with this change, Tim Pratt offered potential changes to the current City Code to bring the verbiage up to more modern day standards. Staff agrees with these changes. Mr. Bell asked for Council input on three potential policy changes: 1) section 9-11 to require all properties including businesses to have waste and recycling services and allow the sharing of a refuse cart with a neighbor (for persons who do not generate much trash); 2) allow garbage service collection every other week instead of weekly (less garbage is create with recycling and organics collection); 3) section 9-42 remove the reference that deals with noise restrictions for a resident handling refuse. It was noted that many people currently share carts. Mayor Hemken asked how such measures could be controlled. Mr. Tim Pratt, HRG, stated education is crucial and new businesses would see the list of licensed haulers. Mr. Pratt stated the every other week trash collection was proposed because there will be a cost increase to add organics collection and the less frequent collection could reduce service fees. He stated at this point the only haulers that offer the less frequent collection is in cities with organized collection. Council Member London noted sharing a cart could be viewed as a benefit and it could reduce the number of stops made by haulers but it could also lead to trash cans being left outdoors and extra bags of trash at properties. Mr. McDonald advised that no decisions are required by Council at this time, and the matter will be discussed again this fall when the HRG rates are discussed as part of the budget process. 2021 BUDGET Item 11.7 Mayor Hemken introduced for discussion item 11.7, Preliminary Discussion on 2021 Budget. Mr. Kirk McDonald, city manager, reported on the goals/priorities for 2021 budget cycle. He briefly reviewed the budget schedule indicating a special meeting could be held September 8 if necessary; he reported on local government aid, central garage funding, PERA contribution rates, administrative charges, IT charges, election cost decrease, council salaries, employee compensation and insurance, park and street infrastructure levies, the EDA levy, and debt service levies. Mr. McD onald also recommended conducting a professional city survey by Morris Leatherman in 2021. Mr. McDonald stated the goal for 2021 is to hold the line on spending that results in a tax increase of no more than 3 percent if possible. He noted there are no new levies and the past levies for city hall and the pool are decreasing. He stated a special meeting could be held September 8 if necessary. Council Member London requested that the dollar amount be included as well as percentage of increases when prepari ng the budget documents. City Council Work Session June 15, 2020 Page 8 Council agreed with the recommended schedule for reviewing the proposed budget during the next three months. FIRE BOARD/ CITY COUNCIL TENTATIVE WORK SESSION Item 11.8 Mayor Hemken introduced for discussion item 11.8, Discuss Joint August Fire Board/Council Tentative Work Session. Mr. Kirk McDonald, city manager, asked whether Council would like to hold a joint work session with Crystal in August or not. He noted due to increased communication with the fire chief through quarterly updates the joint work session has been cancelled in recent years. Mr. McDonald noted the cost of the duty crew staffing is currently the item of most concern. He stated it will be eliminated once there is a 14-day decrease in COVID-19 which could be in July. He noted it is likely the district will receive full reimbursement for the costs due to the pandemic. Council Member Elder commended Chief Larson on her transparency with Council on fire-related matters. Council advised the city manager they did not believe a joint meeting is necessary this year. CITY COUNCIL MEETINGS DISCUSSION Item 11.9 Mayor Hemken introduced for discussion item 11.9, Discussion with Council regarding resuming meetings at city hall. Mr. Kirk McDonald, city manager, explained since March 23, 2020, the city has been conducting council meetings remotely through WebEx due to COVID-19. While this has been an acceptable alternative during the Stay Safe Order, it provides a number of challenges. He stated Phase III of the Stay Safe Order has loosened many restrictions and the Council Chambers is of sufficient size to accommodate some meetings with social distancing. He explained the restrictions of the dias and suggested alternatives to having the full Council and staff at the dias. Mr. McDonald noted that CCX has advised that it is not possible to televise a meeting with some persons on site and others participating remotely from home. He asked whether Council is comfortable with resuming meetings on site. Following discussion, it was agreed to hold the June 22 Council Meeting remotely by Webex and potentially hold the July 27 Council Meeting in the Council Chambers if necessary precautions can be achieved such as ways to allow for public comments and sanitizing of surfaces. ADJOURNMENT The meeting was adjourned at 9:06 p.m. as there was no further business to come before the Council at its work session. Respectfully submitted, City Council Work Session June 15, 2020 Page 9 Valerie Leone, City Clerk New Hope City Council June 22, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes June 22, 2020 Regular Meeting City Hall, 7:00 p.m. Virtual Meeting via 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 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge was not recited since the meeting was not held in the council chambers. ROLL CALL Council present: Staff present: Kathi Hemken, Mayor John Elder, Council Member Cedrick Frazier, Council Member Andy Hoffe, Council Member Jonathan London, Council Member Kirk McDonald, City Manager Jeff Alger, Community Development Specialist Brandon Bell, Community Development Assistant Dan Boyum, City Engineer Katelyn Croteau, Crime Analyst Tim Fournier, Director of Police Megan Hedstrom, Stormwater Specialist Valerie Leone, City Clerk Jeff Sargent, Director of Community Development Bernie Weber, Director of Public Works Stacy Woods, Assistant City Attorney APPROVAL OF MINUTES Motion was made by Council Member Hoffe, seconded by Council Member Elder, to approve the work session minutes of May 18, 2020. Voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None. Motion carried. Motion was made by Council Member Frazier, seconded by Council Member Elder, to approve the regular meeting minutes of June 8, 2020. Voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None. Motion carried. OPEN FORUM There was no one present desirous of addressing the council. ROTATING VOTES Please note that votes taken on each agenda item are called by the secretary on a rotating basis; however, the written minutes always list the mayor’s name first followed by the council members’ in alphabetical order. New Hope City Council June 22, 2020 Page 2 POLICE DEPT 2019 ANNUAL REPORT Chief Tim Fournier and Crime Analyst Katelyn Croteau reviewed highlights of the police department’s 2019 annual report. Chief Fournier reviewed the mission statement and department divisions including investigations, patrol, support services, K-9, reserves and explorers, animal control, and SWAT. Ms. Croteau explained her responsibilities as crime analyst. Chief Fournier responded to inquiries by Council regarding statistics and crime trends and how the city is handling calls for lift assists at nursing homes. Council thanked police personnel for the report. 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. BUSINESS LICENSE(S) Item 6.1 Approval of business license(s) FINANCIAL CLAIMS Item 6.2 Approval of financial claims through June 22, 2020. RESOLUTION 2020-68 Item 6.4 Resolution designating polling places in the city of New Hope. City Clerk Leone responded to questions from Council Member Frazier regarding notification to voters of the polling location change for precinct 6 and communications to voters encouraging absentee voting by mail. COVID-19 PLAN Item 6.5 Motion adopting the COVID-19 Preparedness Plan for the city of New Hope. RESOLUTION 2020-69 Item 6.6 Resolution to adopt the Americans with Disabilities Act (ADA) Transition Plan. RESOLUTION 2020-70 Item 6.7 Resolution approving change order no. 4 with American Liberty Construction, Inc. for the theatre construction project (Improvement Project No. 941). MOTION Consent Items Motion was made by Council Member Elder, seconded by Council Member Hoffe, to approve the Consent items. All present voted in favor. Motion carried. PLANNING CASE 20-05 Item 8.1 Mayor Hemken introduced for discussion Item 8.1, Resolution approving variance to setback requirement, 7821 44th Avenue North (New Hope Planning Case 20- 05). Mr. Brandon Bell, community development specialist, explained the request is for a five-foot rear yard setback variance to accommodate the construction of a three - stall detached garage at 7821 44th Avenue North. He explained the applicant’s intention to demolish the existing two-stall garage and construct a new one that is 14 feet wider. He stated the existing garage has a six-foot rear yard setback that is New Hope City Council June 22, 2020 Page 3 considered a legally non-conforming structure. The proposed garage would require a five-foot variance for the rear yard setback. He illustrated the site and pointed out the unique lot size of the corner lot with a curve that limits placement of the three-stall garage. Mr. Bell stated 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 (no business or home occupation is allowed in the garage; garage cannot be used for living quarters; the area around the new garage shall be seeded or sodded prior to issuance of a certificate of occupancy). Council Member London inquired of the home occupation prohibition. Mr. Jeff Sargent, director of community development, stated city code does not allow home occupations in accessory buildings. Mr. Seth Gagnon, petitioner, was recognized. He indicated agreement with the conditions of approval. RESOLUTION 2020-71 Item 8.1 Council Member London introduced the following resolution and moved its adoption: “RESOLUTION APPROVING VARIANCE TO SETBACK REQUIREMENT, 7821 44TH AVENUE NORTH (NEW HOPE PLANNING CASE 20-05).” The motion for the adoption of the foregoing resolution was seconded by Council Member Elder, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazi er, 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. PLANNING CASE 20-06 Item 8.2 Mayor Hemken introduced for discussion Item 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). Mr. Jeff Alger, community development specialist, explained the Council is asked to approve a site plan review, conditional use permit (CUP), and two variances for Furniture Industries at 3101 Louisiana Avenue North. He stated the business 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. He illustrated the site and stated the CUP would allow placement of a loading bay fronting a public street, and the two variances allow the reduction of rear yard setback (west) from 30 feet to 10 feet and reduction to the required curb cut setback from the public street at the intersection of Louisiana and 31 st avenues from 40 feet to 25 feet. He noted the applicant revised the plan and removed parking stalls facing residential property in response to public comments. He indicated all east- facing stalls have been removed and are identified as proof of parking area (allows for additional stalls to be constructed at later dat e if needed). Mr. Alger reviewed grading, drainage and wetland requirements and the zoning code criteria. He stated Planning Case 20-06 was considered by the Planning Commission at its June 2 meeting, and the Commission recommended approval subject to the conditions outlined in the resolution. New Hope City Council June 22, 2020 Page 4 Mayor Hemken inquired of the snow storage areas. Council Member London inquired of the potential for a rain garden and noted the expense of snow removal. Mr. Alger stated the applicant has agreed to haul snow off site. He indicated the grading and storm water plans must be approved by the city engineer. Mr. David Fystrom, architect for the project, was recognized. He stated the business currently hauls snow off site and will continue to do so. He pointed out the full parking lot is needed for truck maneuverability. He stated the project will begin as soon as possible and should be finished by November. RESOLUTION 2020-72 Item 8.2 Council Member Elder introduced the following resolution and moved its adoption: “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).” The motion for the adoption of the foregoing resolution was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. LOCAL SURFACE WATER MANAGEMENT PLAN Item 8.3 Mayor Hemken introduced for discussion Item 8.3, Resol ution to adopt the Local Surface Water Management Plan. Ms. Megan Hedstrom, storm water specialist/project coordinator, was recognized. She explained the plan was prepared by Stantec after a full review of the 2008 plan. The city began developing the plan in 2018 as part of the comprehensive planning process. Ms. Hedstrom stated the plan will guide the city in conserving, protecting and managing its surface water resources. The plan includes an inventory of land and water resources, describes past and future studies and plans regarding surface water management, lists goals and policies to address surface water management needs, and summarizes planned capital improvement projects. Ms. Hedstrom stated the major changes included updates regarding the capital improvement program, buffer zone regulation, infiltration requirements, and mitigation requirements. She stated the plan is consistent with the goals and policies of the Metropolitan Council, the Shingle Creek Watershed Management Commission, and the Bassett Creek Watershed Management Commission. She noted the priority areas include water quality (Meadow Lake, Northwood Lake), flooding issues, and BMPs in underserved areas. Ms. Hedstrom pointed out that city code relating to surface water management will require updates, and ordinance amendments will be presented to Council this fall. Council Member London inquired how this plan impacts the city’s inflow and infiltration (I&I) reduction programs. New Hope City Council June 22, 2020 Page 5 Ms. Hedstrom stated the references in the surface water management plan deal with the rate of ground water infiltration. She noted this is not an issue since the majority of New Hope has clay-based soils. City Engineer Dan Boyum explained that the city’s I&I reduction efforts (re-lining of pipes) pertain to the city’s sanitary sewer system. Mayor Hemken thanked Ms. Hedstrom for the presentation. RESOLUTION 2020-73 Item 8.3 Council Member London introduced the following resolution and moved its adoption: “RESOLUTION TO ADOPT THE LOCAL SURFACE WATER MANAGEMENT PLAN.” 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 th e 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. Council Member Frazier reported that the Robbinsdale Human Rights Commission is sponsoring a program on June 24 at 7 pm to discuss best methods to collect questions, comments, concerns, experiences and/or ideas for a moderated forum to be held in July on the path forward toward racial equity. Mayor Hemken reported on upcoming events. ADJOURNMENT Motion was made by Council Member Frazier, seconded by Council Member Elder, to adjourn the meeting, as there was no further business to come before the Council. All present voted in favor. Motion carried. The New Hope City Council adjourned at 8:33 p.m. Respectfully submitted, Valerie Leone, City Clerk G:\City Manager\AGENDA\6.2 R-Approval of Claims Merge Doc.docx Request for Action July 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Approval of claims through July 27, 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-liquor sales Hey Day 7.27.20 Request for Action July 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk/Treasurer Agenda Title Motion ratifying approval to Pub42 to dispense liquor off premises for the HeyDay softball tournament held July 16-19, 2020 Requested Action Staff requests the City Council’s authorization in accordance with Minnesota Statute 340A.404. Background For years 2016-2019 the Lions Club partnered with Frankie’s Pizza to sell liquor at Duk Duk Daze at Northwood Park. The 2020 Hey Day event consisted of softball tournaments only at Victory Park, Northwood Park, Lions Park, Lighted Field, and Begin Park. Pub42 was asked to serve liquor this year due to Frankie’s unavailability (for liquor sales at Victory Park only). Pub42 holds an on-sale liquor license and is eligible to dispense liquor at a community festival without any additional licenses (refer to state statute below). The city clerk spoke with Bryce Cocherell of Pub42 and was advised they would sell malt liquor (such as regular beer, craft beer, and wine coolers) at the softball tournament held at Victory Park. The activity is subject to approval by the New Hope City Council. Due to timing of council meetings, Council was consulted by email of the request and there were no objections. Staff requests the action be ratified to maintain an official record of the approval. Pub42 provided the necessary certificate of insurance and the police department conducted a compliance check to ensure there were no underage sales. 340A.404 subd. 4(b): The governing body of a municipality may authorize a holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality. The authorization shall specify the area in which the intoxicating liquor must be dispensed and consumed, and shall not be issued unless the licensee demonstrates that it has liability insurance as prescribed by section 340A.409 to cover the event. Agenda Section Consent Item Number 6.4 I:\RFA\P&R\MISC\2020\Safety Camp\Q- Donations for 2020 Safety Camp.docx Request for Action July 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation and Police By: Susan Rader, Director of Parks & Recreation Tim Fournier, Director of Police Agenda Title Motion accepting contributions for the cancelled 2020 Safety Camp Requested Action Staff recommends that the City Council accept these generous donations for the city-sponsored Safety Camp, originally scheduled for August of 2020. Background The city departments of Parks and Recreation and Police, as well as West Metro Fire-Rescue District together plan and sponsor the annual Safety Camp program, which has been in existence since 1992. Unfortunately due to various circumstances around COVID-19, the decision was made to cancel the 2020 Safety Camp. The generous donations received for the 2020 Safety Camp will be transferred to the 2021 Safety Camp. The list of cash donations includes: New Hope Lions $200 West Metro Fire Rescue District $1,900 Stantec Engineers $500 Jensen, Sondrall, Persellin & Woods, P.A. $200 New Hope Women of Today $200 Twin West Chamber of Commerce $512 TOTAL $3,512 Thank you letters will be sent to donors and sponsors. Agenda Section Consent Item Number 6.5 I:\RFA\P&R\MISC\2020\Movies in the Park\Q- Donations for 2020 Movies in the Park.docx Request for Action July 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director Agenda Title Motion accepting donations for the 2020 Movies in the Park Requested Action Staff recommends that the City Council accept these generous donations for the Movies in the Park program that will be offered during the summer and fall of 2020. Background For the seventh year, the Parks and Recreation Department will be offering movies in the park. However, this year looks a little different as the June movie was postponed until September and the July movie setup and location were modified due to COVID-19 restrictions. Originally all of the movies were scheduled to take place at the Northwood Park softball field. Movies will be held the evenings of Friday, July 24; Friday, August 21; and Saturday, September 26. In order to follow the Governor’s order on group size guidelines, adjustments have been made to the July movie to hold it as a Drive-In movie in the Crystal Community Center parking lot. The July movie would not have taken place without the Crystal Community Center hosting and CCX Media providing the FM Transmitter for the event. The August and September movies will be held at the newly finished New Hope Performance Center. The movies will still be held free of charge but in order to follow group size guidelines at the event, all participants must pre-register. Participants will also be checked-in, prescreened and asked to follow social distancing guidelines during the movie. To help offset some of the costs, staff sent letters to several community organizations in regards to possible sponsorships to cover the movie license fees. All three movie showings have been sponsored. Sponsors will be recognized in promotional materials, at the movie showings and after the event in any evaluation materials. Thank you letters will be sent. The list of donations for the 2020 Movies in the Park includes: Organization Movie Title and Date Location Funds Received West Metro Fire Auxiliary “Harry Potter 1”, 7/24/20 Crystal Community Center $300 New Hope Women of Today “Toy Story 4”, 8/21/20 New Hope Performance Center $300 New Hope Lions “Captain Marvel”, 9/26/20 New Hope Performance Center $300 Attachment  2020 Outdoor Movie Summer Series Flyer Agenda Section Consent Item Number 6.6 Thank you to our Sponsors! “Harry Potter and the Sorcerer’s Stone” (Rated PG) Families, enjoy a drive-in movie on a jumbo screen at the Crystal Community Center! This movie is free, but please pre- register (limited to 60 vehicles). Parking lot opens at 7:30 p.m. Movie sponsored by West Metro Fire Rescue Auxiliary. Special thanks to CCX Media for use of the FM transmitter! Date: Friday, July 24 Time: Movie begins approximately 9:15 p.m. Location: Crystal Community Center, 4800 Douglas Drive Cost: Free! Please preregister by calling 763-531-5151 or go to webtrac.nhrecexpress.com, select Tickets “Toy Story 4” (Rated G) Families, enjoy an evening movie on a jumbo screen at the brand-new New Hope Performance Center! This event is free, but please pre-register. Families are asked to maintain a dis- tance of six feet between groups. Masks are encouraged. Movie sponsored by New Hope Women of Today. Date: Friday, August 21 Time: Movie begins approximately 8:30 p.m. Location: New Hope Performance Center, 4401 Xylon Ave N Cost: Free! Please preregister by calling 763-531-5151 or go to webtrac.nhrecexpress.com, select Tickets I:\RFA\P&R\Pool and Civic Center Pk Projects\2020\Change Orders\Pool Change Order 9 - 7.27.20\Q&R - Pool Change Order No. 9.docx Request for Action July 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director Agenda Title Resolution approving Change Order No. 9 with a deduct amount of $26,730 with Donlar Construction Company for the pool construction project (Improvement Project No. 995) Requested Action Staff requests that the City Council approve change order no. 9 to the contract for the pool construction project (improvement project no. 995) with a deduct amount of $26,730. Due to the time constrictions, the fire code item was approved by City Manager McDonald and shared with the City Council via email on June 25, 2020. In the email it was noted that the fire code items would be put on the July 27, 2020 agenda for formal approval. The other items, the bathhouse hose bibb, testing services and engineering services have all been discussed at previous work sessions. Dan Boyum will be in attendance to respond to any questions regarding the change order. Policy/Past Practice The City Council considers change orders when unforeseen circumstances arise or changes are recommended for a city project. Background The City Council awarded a construction contract to Donlar Construction Company at the March 25, 2019 council meeting in the amount of $11,350,275. Stantec Engineers are providing oversight and regular construction updates are being presented to Council. Since the start of the project, the following change orders have been approved: Change Order Date Item Amount Change Order #1 – 5/28/19 Risk Insurance, Proposal Request 1 $11,618 Change Order #2 – 7/22/19 MN Department of Health Pool code review items (additional exit ladder, transition tile stripe near ramp, floor anchor and cement work near drop slide) $ 6,297 Change Order #3 – 8/26/19 Perimeter fence gates; cemetery fence and gate; bathhouse door closures $11,866 Change Order #4 – 10/14/19 Department of Labor & Industry Review changes (adding downspout storm drainage piping and fittings around the bathhouse and testing, resizing some hot water pipe sizes, replacing some fittings, and resizing some vent pipes) $24,431 Change Order #5 – 10/28/19 Water connections for the concession building; a recirculation line in the bathhouse building $8,535 Agenda Section Consent Item Number 6.7 Request for Action, Page 2 Change Order #6 – 1/13/20 Concrete footings for added umbrellas; damper access panel; network control cabinet; tree stump removal; delete handholes and data raceway $4,827.35 Change Order #7 – 3/23/20 Thicker grade beam at shade structure; rainfall and delay costs; CenterPoint utility delay $54,106.49 Change Order #8 – 5/26/20 Power to condensers; addition of stanchions and ropes near the water slides; elimination of two rows of ice and snow guards; change from wet to dry fire system in the mechanical building $1,685 With the exception of the fire code items portion of Change Order #9, the other items have been discussed at previous work sessions. Fire Code Items: During the walk thru of the pool facility, Fire Lieutenant Jaeger from West Metro Fire identified a few items needing to be added or changed. These were items that were not discussed during the initial plan review. They include the addition of Alarm Panel and Riser Rooms signs for the bathhouse and mechanical building; addition of fire key boxes; and a change in the door hardware for Door B101-2 into the Filter Room from the pool side. Stantec engineers worked with Donlar to obtain quotes to complete the identified work. Due to the time constrictions, this item was approved by City Manager McDonald and shared with the City Council via email on June 25, 2020. In the email it was noted that these items would be placed on the July 27, 2020 agenda for formal approval. Hose Bibbs: The original plans did not label the hose bibb type in the men's and women's shower in the bathhouse. The contractor assumed a standard hose bibb when bidding the project. The intent was to place a hot and cold hose bibb in those two locations, and the contractor is requesting payment for the difference in price between the standard hose bibb and hot and cold hose bibb. Testing Services: The contract documents are set up where the contractor is responsible for some concrete testing costs on the project. The City has been paying the testing firm for all the project related testing costs. This Changer Order item reflects a credit to the City for the contractor related concrete testing costs. Engineering Services – Concrete Deck Repairs: The contractor requested engineering feedback and review of concrete deck repairs around the 50-meter pool. It was discussed that those additional construction management and administration engineering services would be reimbursed to the City by the contractor. This Change Order item reflects a credit to the City for those engineering services. Request for Action, Page 3 Pool change order no. 9 includes the addition, as follows: Addition of Fire Code Items $2,072 Add Installation of hot and cold hose bibb $1,598 Add Contractor responsible testing services -$25,400 Deduct Engineering Services – Concrete Deck Repairs -5,000 Deduct Total Pool Change Order No. 9 -$26,730 Deduct The change order decreases the contract amount from $11,473,640.84 to $11,446,910.84. Staff recommends approval of the resolution approving the change order. Attachments  Resolution  Letter from Dan Boyum, City Engineer  Change Order No. 9  Email from Kirk McDonald, City Manager re: fire code items City of New Hope Resolution No. 2020 - Resolution approving Change Order No. 9 with a deduct amount of $26,730 with Donlar Construction Company for the pool construction project (Improvement Project No. 995) WHEREAS, the city has received the request for change order no. 9 from Stantec Consulting Services for Donlar Construction Company relating to the contract for the pool construction project (Improvement Project No. 995) with a deduct amount of $26,730; and WHEREAS, the items in change order no. 9 includes addition of fire code items (signage, key boxes and change of door hardware), addition of bathhouse hot and cold hose bibbs, deduction for contractor responsible concrete testing and a deduction for engineering costs for decking repairs; and WHEREAS, the City Council reviewed several of the upcoming change order items with city engineer Dan Boyum at the May and June work sessions; and WHEREAS, due to the time constrictions, the fire code items were approved by City Manager McDonald and shared with the City Council via email on June 25, 2020. In the email it was noted that this change order would be placed on the July 27, 2020 agenda for formal approval; and WHEREAS, the original contract with Donlar Construction Company was in the amount of $11,350,275 and the Stantec budget included a $321,824.98 contingency; and WHEREAS, at the May 28, 2019 city council meeting change order no. 1 was approved in the amount of $11,618, which increased the contract amount to $11,361,893 and decreased the contingency to $310,206.98; and WHEREAS, at the July 22, 2019 city council meeting change order no. 2 was approved in the amount of $6,297, which increased the contract amount to $11,368,190 and decreased the contingency to $302,916.50; and WHEREAS, at the August 26, 2019 city council meeting change order no. 3 was approved in the amount of $11,866, which increased the contract amount to $11,380,056 and decreased the contingency to $291,050.50; and WHEREAS, at the October 14, 2019 city council meeting change order no. 4 was approved in the amount of $24,431, which increased the contract amount to $11,404,487 and decreased the contingency to $266,619.50; and WHEREAS, at the October 28, 2019 city council meeting change order no. 5 was approved in the amount of $8,535, which increased the contract amount to $11,413,022 and decreased the contingency to $258,084.50; and WHEREAS, at the January 13, 2020 city council meeting change order no. 6 was approved in the amount of $4,827.35, which increased the contract amount to $11,417,849.35 and decreased the contingency to $167,900; and WHEREAS, at the March 23, 2020 city council meeting change order no. 7 was approved in the amount of $54,106.49, which increased the contract amount to $11,471,955.84 and decreased the contingency to $112,893.51; and WHEREAS, at the May 26, 2020 city council meeting change order no. 8 was approved in the amount of $1,685, which increased the contract amount to $11,473,640.84 and decreased the contingency to $111,978.18; and WHEREAS, change order no. 9 decreases the contract amount by $26,730 to $11,446,910.84; 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. 9 to the Donlar Construction Company contract is approved with a deduct amount of $26,730 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 27th day of July, 2020. ______________________________ Mayor Attest: ________________________ City Clerk July 20, 2020 File:193804337 Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402 Attention: Susan Rader Director of Parks and Recreation City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Change Order No. 9 – New Hope Outdoor Pool City Project No: 995 Dear Susan, Several future change orders were discussed at past work sessions including the June 15, 2020 City Council Work Session. The Fire Code Items discussed below came up recently as part of the fire marshal walk-through of the pool complex. We have prepared Change Order No. 9 to compensate Donlar Construction Company and credit the City of New Hope for the following four items and as shown on the table below: 1.Fire Code Items - During the walk-through of the pool facility, the fire marshal identified items to add or change that were not part of their initial review comments. The items included adding alarm panel and riser room signs for the bathhouse / mechanical building, adding additional fire key boxes, and switching door hardware at the mechanical building from a key lock on both sides to a lever handle on the inside. 2.Hose Bibbs - The original plans did not label the hose bibb type in the men's and women's shower in the bathhouse. The contractor assumed a standard hose bibb when bidding the project. The intent was to place a hot and cold hose bibb in those two locations, and the contractor is requesting payment for the difference in price between the standard hose bibb and hot and cold hose bibb. 3.Testing Services - The contract documents are set up where the contractor is responsible for some concrete testing costs on the project. The City has been paying the testing firm for all the project related testing costs. This Change Order item reflects a credit to the City for the contractor related concrete testing costs discussed above. 4.Engineering Services – Concrete Deck Repairs - The contractor requested engineering feedback and review of concrete deck repairs around the 50-meter pool. It was discussed that those additional construction management and administration engineering services will be reimbursed to the City by the contractor. This Change Order item reflects a credit to the City for those engineering services. July 20, 2020 Susan Rader Page 2 of 2 Reference: Change Order No. 9 – New Hope Outdoor Pool No.Item Total Amount 1 Fire Code Items $2,072.00 2 Hose Bibbs $1,598.00 3 Testing Services ($25,400.00) 4 Engineering Services –Concrete Deck Repairs ($5,000.00) TOTAL CHANGE ORDER NO.9 -Deduct:($26,730.00) If you have any questions or require further information, please call me at (612) 712-2021. Sincerely, STANTEC CONSULTING SERVICES INC. Dan D. Boyum, P.E. Attachments: ·New Hope Outdoor Pool – Change Order No. 9 Cc: Kirk McDonald, Valorie Leone, Jeff Sargent, Bernie Weber – New Hope; Stacy Woods – City Attorney; Bruce Paulson, Jeff Ehleringer, Lucas Miller, Ann Dienhart – Stantec. Document G701™ – 2017 Change Order AIA Document G701™ – 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 14:50:19 ET on 07/20/2020 under Order No.3664291797 which expires on 02/05/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA53) 1 PROJECT: (Name and address)CONTRACT INFORMATION:CHANGE ORDER INFORMATION: New Hope Outdoor Pool Contract For: General Construction Change Order Number: 009 4401 Xylon Avenue North New Hope, Minnesota 55428 Date: March 26, 2019 Date: July 20, 2020 OWNER: (Name and address)ARCHITECT: (Name and address)CONTRACTOR: (Name and address) City of New Hope Stantec Consulting Services Inc.Donlar Construction Co. 4401 Xylon Avenue North New Hope, MN 55428-4898 733 Marquette Avenue South Suite 1000 Minneapolis, MN 55402 550 Shoreview Park Road Shoreview, MN 55126 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) Change Order No. 9 provides for: Item 1: Fire Code Items - During the walk-through of the pool facility, the Fire Marshall identified items to be added or changed that were not part of their comments in the initial plan review. The items included adding fire alarm panel and riser room signs for the bathhouse and mechanical building, adding additional fire key boxes, and switching door hardware at the mechanical building from a key lock on both sides to a level handle on the inside at two doors. This Change Order item addresses added labor and material costs associated with addressing these fire code items. $2,072.00 Add Item 2: Hose Bibbs - The original plans did not label the hose bibb type in the men's and women's shower in the bathhouse. The contractor assumed a standard hose bibb when bidding the project. The intent was to provide a hose bibb with hot and cold water in these two locations. This Change Order item addresses the difference in price between the standard hose bibb and the hot and cold water hose bibb. $1,598.00 Add Item 3: Testing Services - The contract documents are set up where the contractor is responsible for some of the concrete related testing costs on the project. The City has been paying the testing firm for all the project related costs. This Change Order item reflects a credit to the City for the contractor-related concrete testing costs discussed herein. ($25,400.00) Deduct Item 4: Engineering Services - Concrete Deck Repairs - The contractor requested engineering feedback and review of concrete deck repairs around the 50-meter pool. It was discussed that those additional construction management and administration engineering services will be reimbursed to the City by the Contractor. This Change Order item reflects a credit to the City for the engineering services associated with those concrete deck repairs ($5,000.00) Deduct The original Contract Sum was $11,350,275.00 The net change by previously authorized Change Orders $123,365.84 The Contract Sum prior to this Change Order was $11,473,640.84 The Contract Sum will be decreased by this Change Order in the amount of $26,730.00 The new Contract Sum including this Change Order will be $11,446,910.84 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Stantec Consulting Services Inc.Donlar Construction Co.City of New Hope ARCHITECT (Firm name)CONTRACTOR (Firm name)OWNER (Firm name) AIA Document G701™ – 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 14:50:19 ET on 07/20/2020 under Order No.3664291797 which expires on 02/05/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA53) 2 SIGNATURE SIGNATURE SIGNATURE Bruce P. Paulson, PM PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE July 20, 2020 DATE DATE DATE Dan Boyum Stantec Consulting Services 733 Marquette Ave. Suite 1000 Minneapolis, MN 55402 RE: 637- New Hope Outdoor Pool 4401 Xylon Avenue North New Hope, MN 55428 Dear Mr. Boyum: We are writing to inform you of the following changes described below: DONLAR PCO NO. 102: Fire Code Items per West Metro Fire Inspector Total Add (Deduct) Due to the above changes, we require the contract time to be increased by:Zero (0) Days THIS CHANGE ORDER REQUEST SUPERCEDES ALL OTHER SUBMITTED TO DATE FOR THIS ISSUE. Sincerely, DONLAR CONSTRUCTION COMPANY APPROVED BY: Jon Polzin Name Date Assistant Project Manager Encl: Donlar PCO Recap Sheet CC: Eric Goebel, Project Superintendent Subcontractor Quote(s) Kevin Bohrer, Senior Project Manager PCO File If approved, please sign and return this form at the earliest possible date to avoid project delays. If you have any questions regarding this item, please contact me. The above change in scope has additional costs. The attached cost breakdown has been included to allow review of the change and any additional information has been attached for reference. We would appreciate the incorporation of this item into the next change order processed by your office. Only the items and quantities listed within our breakdown will become part of any accepted change order. June 24, 2020 $ 2,072 PROJECT DONLAR PCO NO. 102 LOCATION SHEET NO. 1 SUBJECT DATE 24-Jun-20 JP JP CHECKED BY KB QTY UoM UNIT LABOR MAT'L EQUIP SUBS TOTALS PRICE 1 Project Manager 2.0 HR 100.00 200.00 200.00 2 Superintendent HR 100.00 - - 3 Cement Finisher HR 95.78 - - 4 Carpenter 4.0 HR 97.95 391.80 391.80 5 Laborer HR 89.42 - - 6 - 7 - 8 Twin City Hardware 551.00 551.00 9 New Door Lock - 10 1 Carp HR - 11 - 12 - 13 2 Fire Key Lock Boxes 369.87 369.87 14 2 Carp Hour - 15 16 5 Riser/Alarm Panel Signs 352.71 352.71 17 1 Carp HR - 18 - 19 - 20 - 21 - 22 - 23 - 24 - 25 - 26 - 27 - 28 - 29 - 30 - 31 - 32 - 33 - 34 SUBTOTALS 591.80 - - 1,273.58 1,865.38 35 Donlar Cosntruction OH&P rates 10% 10% 10% 10% 36 Donlar Construction OH&P values 59.18 - - 127.36 186.54 37 650.98 - 1,400.94 2,051.92 38 Bond 1%20.52 39 40 TOTAL NET CHANGE 2,072.44 SUMMARY BY PRICES BY PENDING CHANGE ORDER RECAPITULATION SHEET 637- New Hope Outdoor Pool 4401 Xylon Avenue North, New Hope, MN 55428 Fire Code Items per West Metro Fire Inspector PR/CCD/ASI DESCRIPTION Twin City Hardware Change Order Request #05 TO:Donlar Construction DATE: 601 28th Ave South W aite Park, MN 56387 TCH CONTRACT NO.:CN102823 ATTN:Jon Polzin PROJECT NAME:City of New Hope - Outdoor Pool Phone:320-253-3354 PROJECT LOCATION:4401 Xylon Ave N Email:jon.polzin@donlarcorp.com New Hope, MN 55428 xxx B101-2 NEW LOCKSET ADD/Deduct $551.00 (1)- ND94JD X RHO X 626 Amount This Change Order...$551.00 Includes Tax of 7.525% Notes and Exclusions: Alternates: Information If you have any questions, please call me direct at or email at 651-731-7166 or email at jgunderson@tchco.com Accepted by Respectfully submitted, (COMPANY NAME) TWIN CITY HARDWARE Signed Printed Name Title By Date Jim Gunderson Project Manager maintain quoted price, otherwise price and/or delivery date will be affected. The acceptance of this change order may or may not cause delays in your project timeline, depending on the type of change involved** 723 Hadley Ave N Oakdale, MN 55128 Phone 651-735-2200 Fax 651-735-1800 June 18, 2020 **The current lead time for product on this change order is:working days upon written acceptance, which is required, to This Change Order must be signed by a representative of said company & returned to TCH via fax or email before additional material will be shipped or labor performed. This protects both parties and, in most cases, is required by the contract or your home office. The person signing above acknowledges they are a certified representative of the above listed company with full authority to execute this change order. By signing this change order the above listed company agrees to payment of said Change Order per TCH's credit terms. The person also acknowledges that changes to scope may delay delivery dates as lead times vary based on product availability. All order information, as well as this Change Order Form, must be given to Twin City Hardware with enough time to adhere to lead time requirements, order entry time, shipping time, and workload. Failure to do so absolves Twin City Hardware of any additional costs incurred due to shipment delays. By accepting this correspondence of change, the person also accepts all terms noted on this form, or on any form related to this change, including form of said company accepting the change. **All prices are confidential and are the property of TCH. Freight F.O.B. destination. Any changes to project documents may affect the price. All changes will be required to have an executed change order signed by all parties prior to any material being released to jobsite. Back charges for work performed without prior written authorization from TCH will not be accepted. This quotation is subject to change if not accepted in writing within 30 days. TCH is a material supplier, no retainage will be accepted. **Payment Terms are net 30 days from date of invoice. Your FINANCE CHARGE is computed by a single periodic rate of 1.5% which is an ANNUAL PERCENTAGE RATE of 18% applied to your "previous balance without deducting current payments and/or credits appearing on the face of the statement." Buyer expressly agrees to pay all of Seller's costs, expenses, and attorneys' fees incurred for enforcement of collection of any amount due Seller under this agreement. Venue is Washington County, MN. PROPOSAL June 24, 2020 Proposal submitted to: Jon Polzin Job Location: New Hope Pool DONLAR CORP. Topline Advertising and Electrical hereby submits specifications and estimates for the following signage: Furnish 12” x 12” polycarbonate panels, red w/ white graphics, as follows: (4) Fire Alarm Control Panel / Sprinkler Riser Room (1) Fire Alarm Control Panel BID $325.00 Tax 27.71 TOTAL BID $352.71 Permits, if required, will be extra at cost plus a $265.00 procurement fee. Any extras required but not included in above bid price will be invoiced on a time and material basis. All illuminated signs are to be 120 volts unless specified in writing. Payment to be made as follows: 30 days upon completion of the job. Note: Proposal may be withdrawn if not accepted within 30 days. Authorized signature: Phil Dahl, Vice President All material is guaranteed to be as specified. All work is to be completed in a workman like manner according to standard pr actices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry necessary insurance. Our workers are fully covered by Workmen’s Compensation Insurance. All signage, poles and material are the property of Topline Advertising, Inc. until paid in full. Acceptance of Proposal - The above prices, specifications, terms and conditions are satisfactory and are hereby accepted as listed here. Top Line Advertising is authorized to proceed as outlined above. Our terms are due upon receipt and at times may require a down payment. If no payment is made within 60 days we reserve the right to file a mechanics lien. Topline Advertising is authorized to use pictures on social media. Date of Acceptance Signature Printed Name Top Line Advertising & Electrical Sign Manufacturing, Installation and Service A DBE, TGB, WBE, SBE, CERT & Target Market Program Certified Corporation 11775 Justen Circle, Suite A – Maple Grove, MN 55369 Phone (763) 428-5067 Fax (763) 428-5072 www.toplinesign.com Jeff Ehleringer Stantec Consulting Services 733 Marquette Ave. Suite 1000 Minneapolis, MN 55402 RE:637- New Hope Outdoor Pool 4401 Xylon Avenue North New Hope, MN 55428 Dear Mr. Ehleringer: We are writing to inform you of the following changes described below: DONLAR PCO NO. 21: Two additional Hose Bibs per RFI 42 Total Add (Deduct) Due to the above changes, we require the contract time to be increased by:Zero (0) Days THIS CHANGE ORDER REQUEST SUPERCEDES ALL OTHER SUBMITTED TO DATE FOR THIS ISSUE. Sincerely, DONLAR CONSTRUCTION COMPANY APPROVED BY: Jon Polzin Name Date Assistant Project Manager Encl:Donlar PCO Recap Sheet CC:Eric Goebel, Project Superintendent Subcontractor Quote(s)Kevin Bohrer, Senior Project Manager PCO File If approved, please sign and return this form at the earliest possible date to avoid project delays. If you have any questions regarding this item, please contact me. The above change in scope has additional costs. The attached cost breakdown has been included to allow review of the change and any additional information has been attached for reference. We would appreciate the incorporation of this item into the next change order processed by your office. Only the items and quantities listed within our breakdown will become part of any accepted change order. August 5, 2019 $ 1,598 PROJECT DONLAR PCO NO.21 LOCATION SHEET NO.1 SUBJECT DATE 05-Aug-19 JP JP CHECKED BY KB QTY UoM UNIT LABOR MAT'L EQUIP SUBS TOTALS PRICE 1 Project Manager 2.0 HR 100.00 200.00 200.00 2 Superintendent 2.0 HR 100.00 200.00 200.00 3 Cement Finisher HR 95.78 - - 4 Carpenter HR 97.95 - - 5 Laborer HR 89.42 - - 6 - 7 - 8 NAC 1,038.00 1,038.00 9 - 10 Includes deduct of base bid faucets - 11 - 12 - 13 - 14 - 15 16 - 17 - 18 - 19 - 20 - 21 - 22 - 23 - 24 - 25 - 26 - 27 - 28 - 29 - 30 - 31 - 32 - 33 - 34 SUBTOTALS 400.00 - - 1,038.00 1,438.00 35 Donlar Cosntruction OH&P rates 10%10%10%10% 36 Donlar Construction OH&P values 40.00 - - 103.80 143.80 37 440.00 - 1,141.80 1,581.80 38 Bond 1%15.82 39 40 TOTAL NET CHANGE 1,597.62 SUMMARY BY PRICES BY PENDING CHANGE ORDER RECAPITULATION SHEET 637- New Hope Outdoor Pool 4401 Xylon Avenue North, New Hope, MN 55428 Two additional Hose Bibs per RFI 42 PR/CCD/ASI DESCRIPTION GENERAL CONTRACTOR:DATE:07/26/19 EMAIL:NAC JOB #:A1771MBJ PHONE: PROJECT NAME: RFI:42 REQUEST DESCRIPTION:CO:- PR:- OTHER QTY DESCRIPTION COST EXTENDED - - - - Subtotal - 5%- Contractor Total -$ OTHER QTY DESCRIPTION COST EXTENDED B22P-12IN 2 Freezles H&C Wall Faucet 461.68 997.23 24P3/4 Model 24 2 Wall Faucet P 3/4 Inlet 30.59 (66.07) tax included.- - Shipping - Subtotal 931.15 10%93.12 Material Total 1,024.27$ OTHER HOURS DESCRIPTION RATE EXTENDED - - - - Labor Subtotal - 10%- Labor Total -$ Change Order Sub-Total 1,024.27$ Please Sign and Return for Work to be started:Bonds 1.35%13.73 Change Order Total 1,038.00$ Submitted by:Mike Bjokne/Chris Haglund Authorized by: CONTRACTOR MATERIALS LABOR CHANGE ORDER REQUEST #5 Donlar Construction kevin.bohrer@donlarcorp.com (651) 236-8655 New Hope Outdoor Pool Added Cost for difference between HB-3 Vs HB-1 SERVICE DESCRIPTION UNIT BUDGET RATE AMOUNT # Units Amount POOL CONCRETE Concrete Testing 1 Engineering Technician I for testing of concrete only - NO OBSERVATIONS OF REINFORCING STEEL (services provided on a will-call basis - assumes 38 trips to the jobsite).hours $75.00 127.9 $9,592.50 2 Personal or company vehicle mileage.miles $0.75 730.0 $547.50 3 Curing, handling and compressive strength testing of 4" x 8" or 6" x 12" concrete test cylinders (includes handling of non-tested cylinders).cyls. $25.00 180.0 $4,500.00 4 Coring of shotcrete test panel (min. 3 cores from each test panel)panel $70.00 2.0 $140.00 5 Curing, handling and compressive strength testing of cores from shotcrete test panel (includes handling of non-tested cores).core $60.00 12.0 $720.00 6 Concrete cylinder pick-up service from jobsite.trips $75.00 20.0 $1,500.00 SUBTOTAL $17,000.00 CONCRETE PAVING Concrete Testing 1 Engineering Technician I for testing of concrete only - NO OBSERVATIONS OF REINFORCING STEEL (services provided on a will-call basis - assumes 38 trips to the jobsite).hours $75.00 27.0 $2,025.00 2 Personal or company vehicle mileage.miles $0.75 260.0 $195.00 3 Curing, handling and compressive strength testing of 4" x 8" or 6" x 12" concrete test cylinders (includes handling of non-tested cylinders).cyls. $25.00 50.0 $1,250.00 4 Concrete cylinder pick-up service from jobsite.trips $75.00 1.0 $75.00 SUBTOTAL $3,545.00 STRUCTURAL CONCRETE Concrete Testing 1 Engineering Technician I for testing of concrete only - NO OBSERVATIONS OF REINFORCING STEEL (services provided on a will-call basis - assumes 38 trips to the jobsite).hours $75.00 72.6 $5,445.00 2 Personal or company vehicle mileage.miles $0.75 683.2 $512.40 3 Curing, handling and compressive strength testing of 4" x 8" or 6" x 12" concrete test cylinders (includes handling of non-tested cylinders).cyls. $25.00 130.0 $3,250.00 4 Concrete cylinder pick-up service from jobsite.trips $75.00 10.0 $750.00 Masonry, Mortar, and Grout Testing 1 Engineering Technician I for sampling of mortar and grout and report preparation (services provided on a will-call basis - assumes 10 trips to the jobsite).hours $75.00 8.5 $637.50 2 Personal or company vehicle mileage.miles $0.75 66.0 $49.50 3 Curing, handling and compressive strength testing of masonry grout test "prism" specimens (includes handling of non-tested specimens).tests $65.00 12.0 $780.00 4 Curing, handling and compressive strength testing of 2" x 4" mortar test cylinders or 2" cubes (includes handling of non-tested specimens).tests $25.00 0.0 $0.00 5 Masonry specimen pick-up service from jobsite.trips $75.00 1.0 $75.00 SUBTOTAL $11,499.40 TOTAL $32,044.40 $25,400.00 OWNER $6,644.40 AET PROJECT No. 20-21186R1 FEE SCHEDULE PROJECT TESTING SERVICES CITY OF NEW HOPE MUNICIPAL COMPLEX 4401 XYLON AVENUE NEW HOPE, MINNESOTA TOTAL AMOUNTS 2/23/2020 INVOICED THROUGH ESTIMATED UNITS CONTRACTOR PROJECT BUDGET Page 1 of 1 1 Vicki Thompson From:Kirk McDonald Sent:Thursday, June 25, 2020 8:51 AM To:NH Council Cc:Susan Rader; Boyum, Dan; Dean Blom; Jeff Sargent; Valerie Leone Subject:FW: Pool Change Order Mayor and Council Members: Per below, I approved this minor change order for Fire Department items yesterday to keep the project moving forward and the item will be placed on the 7/27 Council meeting agenda. Kirk From: Susan Rader <srader@newhopemn.gov> Sent: Thursday, June 25, 2020 8:44 AM To: Kirk McDonald <kmcdonald@newhopemn.gov> Cc: Boyum, Dan <Dan.Boyum@stantec.com> Subject: Pool Change Order Kirk, I wanted to follow up with an email regarding the additional pool change order items that we discussed yesterday afternoon. During the walk thru of the pool facility, Fire Lieutenant Jaeger from West Metro Fire identified a few items needing to be added or changed. These are items that were not discussed during the initial plan review:  Addition of Alarm Panel and Riser Rooms signs for the bathhouse and mechanical building.  Addition of fire key boxes.  Door B101‐2 into the Filter Room from the pool side (under the stairs to the waterslides) is a door that currently requires a key from either side to open the door. The engineers did this function for pool security in the event that the pair of doors on the east side of the mechanical building were unlocked and someone tried to sneak into the pool. The door hardware needs to be modified with a lever handle that will lock from the exterior only. The building official is in agreement with this item. The estimate to make these additions and adjustment is $2,072. Susan Rader City of New Hope | Director of Parks and Recreation 4401 Xylon Ave N | New Hope, MN 55428 Office: 763‐531‐5152 I:\RFA\P&R\Pool and Civic Center Pk Projects\2020\Change Orders\Theater Change Order 5 - 7.27.20\Q&R - Theater Change Order No. 5.docx Request for Action July 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director Agenda Title Resolution approving Change Order No. 5 in the amount of $3,855.10 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. 5 to the contract for the theater construction project (improvement project no. 941) in the amount of $3,855.10. Due to the time constrictions, this item was approved by City Manager McDonald, and he directed staff to put it on the July 27, 2020 agenda for formal approval. Dan Boyum will be in attendance to respond to any questions regarding the change order. Policy/Past Practice The City Council considers change orders when unforeseen circumstances arise or changes are recommended for a city project. Background The City Council awarded a construction contract to 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 Change Order #4 – 6/22/20 Delete staining of theater beams and decking; installation of 12” high free standing curb (originally part of the Green Project $6,443.75 On July 8, 2020, Building Inspector Dean Blom did his final inspection of the performance center and picnic shelter. He noticed that snow guards were not part of the original design and expressed concern for safety as well as possible damage to the lower roof and gutters on the north side of the performance center. Although the two facilities are not expected to be used during the winter, there is still concern that someone could be walking in the area when the snow or ice slides off the metal roof. In Mr. Blom’s opinion, snow and ice guards should be installed on all metal roofing, regardless of use. Stantec engineers reached out to American Agenda Section Consent Item Number 6.8 Request for Action, Page 2 Liberty to request pricing for the installation and received a quote of $3,855.10. Based on bid pricing for the pool project, the engineers feel that this is a reasonable price. Due to the time constrictions for this work, this item was approved by City Manager McDonald on July 20, 2020, and he directed staff to put it on the July 27, 2020 agenda for formal approval by the City Council. The contractor was expected to install sod early the week of July 20 and be completely done with their project punchlist items by mid-week. Installation of the snow and ice guards will take place early the week of July 27, 2020. The theater change order includes the addition, as follows: Addition of snow and ice guards to metal roofing $3,855.10 Add Total Theater Change Order No. 5 $3,855.10 Add The change order will increase the contract amount from $1,486,227.65 to $1,490,082.75. Staff recommends approval of the resolution approving the change order. Attachments  Resolution  Letter from Dan Boyum, City Engineer  Change Order No. 5  Email from Dean Blom, Building Official City of New Hope Resolution No. 2020 - Resolution approving Change Order No. 5 in the amount of $3,855.10 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. 5 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 item in change order no. 5 is to install snow and ice guards on the metal roofing of the performance center and picnic shelter; and WHEREAS, City Manager McDonald approved the change order due to time constraints and directed staff to place the change order on the July 27, 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 increased the contract amount to $1,486,227.65 and the construction contingency was not impacted due to the amount being deducted from the Green Project contract; and WHEREAS, change order no. 5 increases the contract amount to $1,490,082.75 and the construction contingency has been reduced to approximately $99,600; 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. 5 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 27th day of July, 2020. ______________________________ Mayor Attest: ________________________ City Clerk Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402 July 20, 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. 5 – New Hope Outdoor Theater City Project No: 941 Dear Susan, The above referenced change order has come up since the June 15, 2020 City Council Work Session. The Building Inspector is recommending snow guards be added to the roof of the theater and pavilion to prevent sheets of snow from sliding off the roofs and protect gutters. These devices were not included in the original project since the facilities were not proposed to be used in the winter months. American Liberty submitted correspondence dated July 17, 2020 related to providing ice and snow guards to the theater and picnic shelter roofs for $3,855.10. Based on review of pricing with City Staff, the City Manager approved proceeding with this work on July 20, 2020. We recommend approval of the work described above and included in Change Order No. 5 in the amount of $3,855.10 (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. 5 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. 193804338 1 PROPOSAL REQUEST NO. 2 Proposal Request PROJECT: New Hope Outdoor Theater PROPOSAL REQUEST NO: 2 4401 Xylon Avenue North DATE: 7/12/2020 New Hope, MN 55428 PROJECT NO: 193804338 CONTRACT FOR: Building Construction OWNER: City of New Hope TO: Nolan Jacobson American Liberty Construction, Inc. P.O. Box 547 Rockford, MN 55373 Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. Your quotation shall be provided to this office at the earliest possible date but no later than 10 days after date listed above to allow for review without impacting the project construction schedule. The quotation and supporting documents can be mailed to my attention at Stantec Consulting Services, Inc., 733 Marquette Avenue, Suite 1000, Minneapolis, MN 55402, or emailed to me at bruce.paulson@stantec.com . Please contact me with any questions at (612) 712-2108. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Written Description of the Work ITEM NO. 1: Add Ice and Snow Guards PROJECT MANUAL CHANGES SECTION 07 72 53 – ICE AND SNOW GUARDS 1. Add new Section as attached to this Proposal Request. DRAWING MODIFICATIONS SHEET AA203 (ISSUED): 1. North Elevation 1: Add ice and snow guards as indicated. 2. West Elevation 2: Add ice and snow guards as indicated. 3. East Elevation 3: Add ice and nose guards as indicated. SHEET AB201 (ISSUED): 1. South Elevation (North Elevation Reversed) 1: Add ice and snow guards as indicated. 2. West Elevation (East Elevation Reversed) 2: Add ice and snow guards as indicated. 193804338 2 PROPOSAL REQUEST NO. 2 Attachments: 1. Section 07 72 53 – Ice And Snow Guards 2. AA203 3. AB201 END OF PROPOSAL REQUEST ARCHITECT: BRUCE P. PAULSON, AIA Added By PR 2 ICE AND SNOW GUARDS © 2020 Stantec | 193804338 07 72 53 - 1 SECTION 07 72 53 ICE AND SNOW GUARDS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Ice and snow guards. B. Related Sections 1. Section 07 61 13 – Sheet Metal Roofing. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and be Included in the Total Base Bid. 1.03 SUBMITTALS A. Shop drawings required showing recommended spacing layout of ice and snow guards. 1.04 QUALITY ASSURANCE A. Manufacturer shall guarantee against defects in material and workmanship for 5 years. PART 2 PRODUCTS 2.01 APPROVED MANUFACTURERS A. IceBlox, Inc. d.b.a. SnoBlox™ 1405 Brandton Road Mechanicsburg, PA 17055. B. Pre-approved equals. 2.02 ICE AND SNOW GUARDS A. Adhered to prefinished standing seam metal roof panels. 1. SnoBlox "Ace" snow guard (3 inch by 5 inch base) (Approx. 15 sq. in. bonding surface): a. Injection molded prime virgin grade polycarbonate polymer material construction containing a UV stabilizer to prevent damage from the ultraviolet rays of the sun: 1) Izod impact strength (notched) 17 ft.-lb./in. for a 3.2 mm thick specimen 2) (ASTM TEST D256). 3) Thermal Ratings: deflection temperature 270 degrees F (ASTM TEST D648). 4) Vicat softening temperature (Rate A) 315 degrees F. 5) (ASTM TEST D1525). 6) Brittleness temperature – 150 degrees F (ASTM TEST D746): a) General Electric "Lexan" Prime. Added By PR 2 ICE AND SNOW GUARDS © 2020 Stantec | 193804338 07 72 53 - 2 b) Dow "Cailbre" Prime. c) Albis Prime. d) Or approved equal of prime quality (No Blends). b. Liquid adhesive 1) Surebond SB-190 sealant adhesive. B. Projected cross-sectional area perpendicular to roof slope with flat front facing toward the ridge: 1. SnoBlox "Ace" snow guard (Minimum 5 inch snow holding area at the TOP of unit). C. Clear or integrally colored per Architect requirements. PART 3 EXECUTION 3.01 PREPARATION A. Thoroughly clean metal roof surface area with Xylol or isopropyl alcohol where the ice and snow guard is to be installed. B. Contact manufacturer for recommendations on ice and snow guard locations and spacings. 3.02 INSTALLATION A. Spread adhesive evenly across the waffled base of the ice and snow guard by cutting the nozzle end in a broad sideways fashion. Make sure there are no voids, which could cause air pockets. B. Place ice and snow guard in position on the metal surface with the flat face pointing toward the ridge. C. Press down on the ice and snow guard applying light even pressure perpendicular to the roof. D. A squeeze out of adhesive around the entire perimeter should occur. Finger wipe (using a rubber glove) to achieve a clean smooth appearance and water tightness. END OF SECTION 234 CD 5CD 2 3 4 5 2345 2 3 4 5 1 1 1 1 5'-0"11'-4"JOIST BEARING 927'-7" FBR-1 PREFIN MET RAIN GUTTER AND DOWNSPOUTS PREFIN MET FASCIA PREFIN MET STANDING SEAM ROOF PANELS CSMU W/ M-2 FINISH 5'-0"12'-8"7'-4"CSMU W/ M-2 FINISH PRECAST CONC WALL CAP PREFINISHED MET FASCIA/FLASHING WOOD BEAMS W/ W-1 FINISH-SEE STRUCT DWGS 5'-0"11'-4"CMU-1 W/ M-2 FINISH PREFIN MET RAIN GUTTER AND DOWNSPOUTS PREFIN MET FASCIA PREFIN MET STANDING SEAM ROOF PANELS CSMU W/ M-2 FINISH 1 NORTH ELEVATION - ALTERNATE NO. 4 0 4'8'16'5'-0"11'-4"JOIST BEARING 927'-7" CSMU W/ M-2 FINISH PREFIN MET RAIN GUTTER AND DOWNSPOUTS PREFIN MET FASCIA PREFIN MET STANDING SEAM ROOF PANELS CMU-1 W/ M-2 FINISH HM DOORS AND FRAME-PAINTED HM DOORS AND FRAME-PAINTED 2 WEST ELEVATION - ALTERNATES NO. 2 AND 4 0 4'8'16'5'-0"12'-8"7'-4"CSMU W/ M-2 FINISH PRECAST CONC WALL CAP PREFINISHED MET FASCIA/FLASHING WOOD BEAMS W/ W-1 FINISH-SEE STRUCT DWGS 3 EAST ELEVATION - ALTERNATES NO. 2 AND 4 0 4'8'16' STL BEAM-SEE STRUCT DWGS 5'-0"12'-8"7'-4"CSMU W/ M-2 FINISH PRECAST CONC WALL CAP PREFINISHED MET FASCIA/FLASHING WOOD BEAMS W/ W-1 FINISH-SEE STRUCT DWGS 6 EAST ELEVATION - ALTERNATES NO. 2 AND 5 0 4'8'16' STL BEAM-SEE STRUCT DWGS STL BEAM-SEE STRUCT DWGS STL BEAM-SEE STRUCT DWGS 5'-0"11'-4"JOIST BEARING 927'-7" CMU-1 W/ M-2 FINISH PREFIN MET RAIN GUTTER AND DOWNSPOUTS PREFIN MET FASCIA PREFIN MET STANDING SEAM ROOF PANELS CSMU W/ M-2 FINISH HM DOORS AND FRAME-PAINTED 5 WEST ELEVATION - ALTERNATES NO. 2 AND 5 0 4'8'16' CMU-1 W/ M-2 FINISH PREFIN MET RAIN GUTTER AND DOWNSPOUTS PREFIN MET FASCIA PREFIN MET STANDING SEAM ROOF PANELS CSMU W/ M-2 FINISH 4 NORTH ELEVATION - ALTERNATE NO. 5 0 4'8'16'5'-0"11'-4"JOIST BEARING 927'-7" CSMU W/ M-2 FINISH PREFIN MET RAIN GUTTER AND DOWNSPOUTS PREFIN MET FASCIA PREFIN MET STANDING SEAM ROOF PANELS CMU-1 W/ M-2 FINISH HM DOORS AND FRAME-PAINTED HM DOORS AND FRAME-PAINTED AA304 1 AA301 2 AA302 1 AA303 2 AA303 2 AA305 1 AA304 2 AA304 2 AA302 2 AA302 1 AA302 2 AA302 1 AA301 2 AA302 1 BOTTOM OF FTG 911'-3" FINISH FLOOR 916'-3" BEAM BEARING 928'-11" BEAM BEARING 936'-3" BOTTOM OF FTG 911'-3" FINISH FLOOR 916'-3" BEAM BEARING 928'-11" BEAM BEARING 936'-3" BOTTOM OF FTG 911'-3" FINISH FLOOR 916'-3" BEAM BEARING 928'-11" BEAM BEARING 936'-3" BOTTOM OF FTG 911'-3" FINISH FLOOR 916'-3" BOTTOM OF FTG 911'-3" FINISH FLOOR 916'-3" BOTTOM OF FTG 911'-3" FINISH FLOOR 916'-3" BOTTOM OF FTG 911'-3" FINISH FLOOR 916'-3" BOTTOM OF FTG 911'-3" FINISH FLOOR 916'-3" JOIST BEARING 927'-7" OUTLETS-SEE ELEC DWGS LIGHT FIXTURES- SEE ELEC DWGS OUTLETS-SEE ELEC DWGS OUTLETS-SEE ELEC DWGS OUTLET-SEE ELEC DWGS OUTLET-SEE ELEC DWGS SERVICE ENTRANCE SEE ELEC DWGS SERVICE ENTRANCE SEE ELEC DWGS LIGHT FIXTURES- SEE ELEC DWGS ICE AND SNOW GUARDS ICE AND SNOW GUARDS ICE AND SNOW GUARDS ICE AND SNOW GUARDS ICE AND SNOW GUARDS 1 '-0 "1 '-6 "1 '-6 "1 '-0 " 1 7 '-8 " 1 '-0 " 1'-0"1'-6" 1'-6" 1'-0" 17'-8" 1'-0" AA203 THEATEREXTERIORELEVATIONS-ALTERNATESNO.2,4,AND5BPP BPPARCHITECTBRUCEP.PAULSON20910SHEET NUMBER DATENO SURVEY APPROVED DESIGNED DRAWN PROJ. NO. REVISION CHECKED PlotDate:07/13/2020-8:15amDrawingname:V:\1938\active\193804338\CAD\Dwg\193804338-AA203.dwgXrefs:,193804338AXENA,BPP,193804338_BRDR_aTHECONTRACTORSHALLVERIFYANDBERESPONSIBLEFORALLDIMENSIONS.DONOTSCALETHEDRAWING-ANYERRORSOROMISSIONSSHALLBEREPORTEDTOSTANTECWITHOUTDELAY.THECOPYRIGHTSTOALLDESIGNSANDDRAWINGSARETHEPROPERTYOFSTANTEC.REPRODUCTIONORUSEFORANYPURPOSEOTHERTHANTHATAUTHORIZEDBYSTANTECISFORBIDDEN.CITYOFNEWHOPE,MINNESOTANEWHOPEOUTDOORTHEATER193804338CITYPROJECTNO.941MINNESOTAJANUARY29,2019WASPREPAREDBYMEORUNDERMYDIRECTSUPERVISIONIHEREBYCERTIFYTHATTHISPLAN,SPECIFICATION,ORREPORTANDTHATIAMADULYLICENSEDUNDERTHELAWSOFTHESTATEOFPRINTNAME:SIGNATURE:DATE:LIC.NO.CONFORMED SET PR 2 7/13/20201 1 1 1 1 1 1 2 A B 1 SOUTH ELEVATION (NORTH ELEVATION REVERSED) 0 2'4'8' 2 WEST ELEVATION (EAST ELEVATION REVERSED) 0 2'4'8'6'-2"12'-0"BOTTOM OF FTG EL 917'-2" TOP OF SLAB EL 923'-4" TOP OF BEAM EL 935'-4" STL TUBE BEAM AND COLUMNS-SEE STRUCT DWGS PRECAST CONC CAP CSMU COLUMN WRAP WD BEAMS-SEE STRUCT DWGS PREFIN MET STANDING SEAM ROOF PANELS AND FLASHING 4'-4"6'-2"12'-0"STL TUBE BEAM AND COLUMNS-SEE STRUCT DWGS PRECAST CONC CAP CSMU COLUMN WRAP WD BEAMS-SEE STRUCT DWGS PREFIN MET STANDING SEAM ROOF PANELS AND FLASHING 4'-4"STL TUBE BEAM AND COLUMNS-SEE STRUCT DWGS PRECAST CONC CAP CSMU COLUMN WRAP WD BEAMS-SEE STRUCT DWGS PREFIN MET STANDING SEAM ROOF PANELS AND FLASHING STL TUBE BEAM AND COLUMNS-SEE STRUCT DWGS PRECAST CONC CAP CSMU COLUMN WRAP WD BEAMS-SEE STRUCT DWGS PREFIN MET STANDING SEAM ROOF PANELS AND FLASHING 3 12 AB301 3 AB301 2 AB301 1 AB301 1 1" STL THRUST ROD W/ TURNBUCKLE-SEE STRUCT DWGS BOTTOM OF FTG EL 917'-2" TOP OF SLAB EL 923'-4" TOP OF BEAM EL 935'-4" ICE AND SNOW GUARDS ICE AND SNOW GUARDS ICE AND SNOW GUARDS 1 '-0 " 1 '-6 " 1'-0" 1'-6" AB201 PICNICSHELTEREXTERIORELEVATIONSBPP BPPARCHITECTBRUCEP.PAULSON20910SHEET NUMBER DATENO SURVEY APPROVED DESIGNED DRAWN PROJ. NO. REVISION CHECKED PlotDate:07/13/2020-8:01amDrawingname:V:\1938\active\193804338\CAD\Dwg\193804338-AB201.dwgXrefs:,193804338BXENA,BPP,193804338_BRDR_aTHECONTRACTORSHALLVERIFYANDBERESPONSIBLEFORALLDIMENSIONS.DONOTSCALETHEDRAWING-ANYERRORSOROMISSIONSSHALLBEREPORTEDTOSTANTECWITHOUTDELAY.THECOPYRIGHTSTOALLDESIGNSANDDRAWINGSARETHEPROPERTYOFSTANTEC.REPRODUCTIONORUSEFORANYPURPOSEOTHERTHANTHATAUTHORIZEDBYSTANTECISFORBIDDEN.CITYOFNEWHOPE,MINNESOTANEWHOPEOUTDOORTHEATER193804338CITYPROJECTNO.941MINNESOTAJANUARY29,2019WASPREPAREDBYMEORUNDERMYDIRECTSUPERVISIONIHEREBYCERTIFYTHATTHISPLAN,SPECIFICATION,ORREPORTANDTHATIAMADULYLICENSEDUNDERTHELAWSOFTHESTATEOFPRINTNAME:SIGNATURE:DATE:LIC.NO.CONFORMED SET .PR 2 7/12/20201 1 1 1 1 Vicki Thompson From:Dean Blom Sent:Tuesday, July 21, 2020 11:10 AM To:Susan Rader Cc:Kirk McDonald Subject:Snow and ice guards Hello Susan, During the final building inspection of the new Performance Center and picnic shelter, I noticed that the metal roofs on these buildings were not equipped with snow and ice guards, even though these devices were installed on the roofs on the bath house and mechanical building. Snow and ice guards are designed to prevent an accumulation of snow and ice from sliding off the roof all at once. This can cause damage to buildings and property on the ground. It can also cause injury and even death to passersby as noted in the video found here: https://s‐5.com/videos/5‐reasons‐why‐you‐should‐use‐snow‐ guards‐on‐your‐metal‐roof/ If snow accumulated on the steeper section Performance Center roof were to slide off, it could easily damage the less steep section to the north or, at the least, rip the rain gutter off the eave. The potential for property damage at the picnic shelter is minimal but park users could easily be struck by snow sliding off this roof. Installation of snow and ice guards would prevent any of these unfortunate incidents from occurring. Therefore, I strongly recommend that snow and ice guards be installed on both the Performance Center roof and the picnic shelter roof. Thank you, Dean Blom City of New Hope | Building Officialcould 4401 Xylon Ave N | New Hope, MN 55428 Office: 763‐531‐5122 | Fax: 763‐531‐5136 I:\RFA\PUBWORKS\2020\Council\1019 Winpark Drive\Final Payment Request for Action July 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Title Resolution approving final payment to S.R. Weidema, Incorporated in the amount of $47,197.20 for the 2019 Winpark Drive Infrastructure Improvement Project (Improvement Project No. 1019) Requested Action Staff recommends that the Council accept the 2019 Winpark Drive Infrastructure Improvement Project and authorize final payment. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. Background The project generally consisted of a full street reconstruction with the replacement of water main and storm sewer utility on Winpark Drive between Winnetka and 32nd avenues. Project construction began in the spring of 2019 and all major project work was completed in September 2019. An incentive payment of $20,000 was included on this project because it was completed by the Substantial Completion date of September 27, 2019. Funding S.R. Weidema, Incorporated was the low bidder with an Original Contract Amount of $1,664,903.01. The revised contract amount with the $20,000 incentive payment added is $1,684,903.01. The final Contract Value is $1,530,754.15 or $154,148.86 under the revised contract amount. The underrun was primarily due to subgrade correction, restoration, and other bid items coming in less than estimated. The original CIP had a total of $3,044,000 allocated for the project. There were no tax-exempt properties adjacent to this project. The southern portion of Winpark Drive is a shared Crystal/New Hope street. The ci ty of Crystal will be responsible for paying a portion of this shared roadway cost, totaling $101,037.31. Attachments  Resolution  City Engineer’s Memo randum  Final Pay Request Agenda Section Consent Item Number 6.9 City of New Hope Resolution No. 20- Resolution approving final payment to S.R. Weidema, Incorporated in the amount of $47,197.20 for the 2019 Winpark Drive Infrastructure Improvement Project (Improvement Project No. 1019) WHEREAS, the infrastructure improvement identified follow the pavement management strategy adopted by the Council; and WHEREAS, the city has entered into a contract with S.R. Weidema, Incorporated for construction of the 2019 Winpark Drive Infrastructure Improvements; and WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project no. 1019 and approve final payment to S.R. Weidema, Incorporated in the amount of $47,197.20; and WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily completed and recommends, along with staff, final payment be made to S.R. Weidema, Incorporated. NOW, THEREFORE, BE IT RESOLVED, 1. That the City Council accepts the 2019 Winpark Drive Infrastructure Improvement project from S.R. Weidema, Incorporated. 2. That the city manager is hereby directed to authorize the final payment in the amount of $47,197.20. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 27th day of July, 2020. Mayor Attest: City Clerk Stantec Consulting Services Inc. 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309 July 21, 2020 File:193804728 Attention:Bernie Weber, Director of Public Works City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Bernie, Reference: Final Payment Request No. 9 & Final – 2019 Winpark Drive Infrastructure Imp. City Project No. 1019 Enclosed find Payment Request No. 9 & Final for the above referenced project. The contractor, S.R. Weidema, Inc. completed the work in accordance with the contract plans and specifications and has submitted all closeout documents. Therefore, it is recommended that final payment of $47,197.20 be made after receipt of final closeout forms, and the City of New Hope accepts the project. The Final Construction Amount is $1,530,754.15, or $154,148.86 under the Revised Contract Amount of $1,684,903.01. The underrun was primarily due to subgrade correction, restoration, and a few other bid items coming in less than estimated on the project. If you have any questions or require further information, please call me at (612) 712-2021. Regards, Stantec Consulting Services Inc. Dan D. Boyum, P.E. City Engineer Phone: 612 712 2021 dan.boyum@stantec.com Attachments: Pay Request No. 9 & Final c.Kirk McDonald, Valerie Leone, Dave Lemke, Shawn Markham, Andrew Kramer, Megan Hedstrom – New Hope; Stacy Woods – City Attorney; Ann Dienhart – Stantec. City of New Hope 4401 Xylon Avenue North New Hope , MN 55428 Page 1 of 7 Client Project Number: Payment Number: 9/FINAL Contract Number:Project: 193804268 Pay Request Number:9/FINAL Stantec Project Number Project Description 1019 2019 Winpark Drive Infrastructure Improvements Contractor:SR Weidema, Inc. 17600 113th Avenue N Up To Date:07/21/2020 Maple Grove,MN 55369 Contract Amount Funds Encumbered Original Contract $1,664,903.01 Original $1,664,903.01 Contract Changes $20,000.00 Additional N/A Revised Contract $1,684,903.01 Total $1,664,903.01 Work Certified To Date Base Bid Items $1,510,754.15 Contract Changes $$20,000.00 Material On Hand $0.00 Total $1,530,754.15 Work Certified This Request Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Request Total Amount Paid To Date $1,314.00 $1,530,754.15 $0.00 $1,483,556.95 $47,197.20 $1,530,754.15 Percent: Retained:0%Percent Complete:90.85% I hereby certify that all items and amounts shown are correct for the work completed to date. Contractor: SR Weidema, Inc. Approved by:Date: The Work on this project and application has been reviewed and the amount shown is recommended for payment. Stantec Engineer: Dan D. Boyum, PE Approved by:Date: Approved for Payment by Owner: City of New Hope Approved by:Date: City of New Hope 4401 Xylon Avenue North New Hope , MN 55428 Page 2 of 7 Client Project Number: Payment Number: 9/FINAL Payment Summary No.Up To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 2019-05-02 12,9937.7 6,496.89 123,440.81 2 2019-06-05 240,742.07 12,037.10 228,704.97 3 2019-06-30 259,719.11 12,985.95 246,733.16 4 2019-07-31 291,083.48 14,554.18 276,529.30 5 2019-08-31 432,931.56 21,646.58 411,284.98 6 2019-09-30 62,742.45 3,137.12 59,605.33 7 2019-10-28 23,095.9 (27,650.25)50,746.15 8 2020-06-25 89,187.88 2,675.63 86,512.25 9 2020-07-21 1,314 (45,883.20)47,197.20 Funding Category Name Funding Category Number Work Certified to Date Less Amount Retained Less Previous Payments Amount Paid this Request Total Amount Paid to Date NH: Street Fund 1 975,297.47 0.00 944,763.97 30,533.50 975,297.47 NH: Sanitary Fund 2 9,350.00 0.00 9,069.50 280.50 9,350.00 NH: Water Fund 3 261,359.50 0.00 253,518.71 7,840.79 261,359.50 NH: Storm Fund 4 183,709.87 0.00 178,198.57 5,511.30 183,709.87 City of Crystal 5 101,037.31 0.00 98,006.19 3,031.12 101,037.31 Accounting Number Funding Source Amount Paid this Request Revised Contract Amount Funds Encumbered to Date Paid Contractor to Date 001 City of New Hope:City Funds 44,166.09 1,548,993.01 1,548,993.01 1,429,716.84 002 City of Crystal: Local 3,031.12 115,910.00 115,910.00 101,037.31 Contract Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date 1 2021.501 /00010 MOBILIZATION LS 80,000.00 1 0 0.00 1 80,000.00 2 2563.601 /00010 TRAFFIC CONTROL LS 6,000.00 1 0 0.00 1 6,000.00 3 2573.530 /00010 INLET PROTECTION EA 500.00 38 0 0.00 21 10,500.00 4 2573.502 /00040 SILT FENCE, TYPE MACHINE SLICED LF 5.00 650 0 0.00 85 425.00 5 2573.540 /00010 BIOROLL LF 3.75 1000 0 0.00 270 1,012.50 6 2573.609 TEMPORARY ROCK CONSTRUCTION ENTRANCE TN 38.00 100 0 0.00 173.27 6,584.26 7 2130.610 WATER FOR DUST CONTROL TG AL 85.00 55 0 0.00 52.3 4,445.50 8 2104.523 /00540 SALVAGE SIGN EA 70.00 2 0 0.00 5 350.00 City of New Hope 4401 Xylon Avenue North New Hope , MN 55428 Page 3 of 7 Client Project Number: Payment Number: 9/FINAL Contract Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date 9 2104.523 /00562 SALVAGE AND REINSTALL STREET NAME BLADE SIGN EA 310.00 2 0 0.00 2 620.00 10 2104.602 /00010 REMOVE TREE EA 500.00 10 0 0.00 7.5 3,750.00 11 2104.604 /00122 REMOVE BITUMINOUS PAVEMENT SY 2.15 11000 0 0.00 10056.1 21,620.62 12 2104.513 /00011 SAWING BITUMINOUS PAVEMENT - STREET LF 3.20 180 0 0.00 159 508.80 13 2104.501 /00024/0 0024 REMOVE CONCRETE CURB & GUTTER LF 3.07 5800 0 0.00 5298 16,264.86 14 2104.503 /00021 REMOVE CONCRETE WALK SF 1.00 200 0 0.00 214 214.00 15 2104.503 /00123 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SF 0.75 9000 0 0.00 6691 5,018.25 16 2104.503 /00024 REMOVE CONCRETE DRIVEWAY PAVEMENT SF 0.80 6000 0 0.00 5017 4,013.60 17 2453.610 /00010 EXPLORATORY DIGGING HR 460.00 10 0 0.00 5 2,300.00 18 2105.501 /00010 COMMON EXCAVATION (P)CY 11.00 11300 0 0.00 11300 124,300.00 19 2105.507 /00010 SUBGRADE EXCAVATION (CV)CY 12.00 1050 0 0.00 155.9 1,864.75 20 2105.604 /00035 GEOTEXTILE FABRIC - TYPE V SY 1.25 11000 0 0.00 10899.9 13,624.88 21 2105.522 SELECT GRANULAR BORROW (MODIFIED)TN 12.00 15700 0 0.00 12198.84 146,386.08 22 2211.501 /00010 AGGREGATE BASE, CLASS 5 TN 11.50 9000 0 0.00 8477.4 97,490.10 23 2502.541 /06060 6" PVC PERFORATED DRAIN TILE, WITH SOCK LF 7.00 5000 0 0.00 4956 34,692.00 24 2502.602 /00407 6" PVC DRAIN TILE CLEANOUT EA 170.00 25 0 0.00 21 3,570.00 25 2502.602 /00240 CONNECT DRAIN TILE TO STRUCTURE EA 168.00 22 0 0.00 17 2,856.00 26 2357.502 /00010 BITUMINOUS MATERIAL FOR TACK COAT GA L 3.35 475 0 0.00 615 2,060.25 27 2360.501 /0004 TYPE SP 12.5 NON WEARING COURSE MIXTURE (4,E)TN 71.20 1700 0 0.00 2225 158,422.80 28 2360.501 /0005 TYPE SP 12.5 WEARING COURSE MIXTURE (4,E)TN 76.70 850 0 0.00 786.31 60,309.98 29 2360.505 TYPE SP 9.5 BITUMINOUS MIXTURE FOR DRIVEWAYS TN 142.00 350 0 0.00 123.1 17,480.20 City of New Hope 4401 Xylon Avenue North New Hope , MN 55428 Page 4 of 7 Client Project Number: Payment Number: 9/FINAL Contract Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date 30 2531.504 /00071 7" CONCRETE DRIVEWAY APRON SF 6.55 5000 0 0.00 2671 17,495.05 31 2531.504 /00072 7" CONCRETE DRIVEWAY - HIGH EARLY MIX SF 8.00 3500 0 0.00 5033 40,264.00 32 2531.501 /02315 B618 CONCRETE CURB AND GUTTER LF 14.15 5000 0 0.00 5179 73,282.85 33 2531.501 /02316 B618 CONCRETE CURB AND GUTTER - HIGH EARLY LF 15.15 1000 0 0.00 542 8,211.30 34 2540.603 /00016 MASTIC PRIOR TO WEAR PAVING LF 0.80 5200 0 0.00 5207 4,165.60 35 2521.501 /00040 4" CONCRETE WALK SF 19.15 75 0 0.00 75 1,436.25 36 2531.618 6" CONCRETE PEDESTRIAN RAMP SF 14.30 150 0 0.00 132 1,887.60 37 2531.618 /00010 TRUNCATED DOMES SF 45.00 32 0 0.00 20 900.00 38 2574.604 EROSION CONTROL COMPOST BLANKET - BLOWN W/ SEED SY 4.15 11000 316.6 1,314.00 8649.6 35,895.95 39 2574.507 /00100 TOPSOIL BORROW CY 32.00 1800 0 0.00 1012 32,384.00 40 2564.531 /00130 SIGN PANELS SF 49.50 55 0 0.00 56.5 2,796.75 41 2582.503 /10125 24" SOLID WHITE STOP BAR (PAINT)LF 4.40 40 0 0.00 0 0.00 42 2123.610 /00045 STREET SWEEPER (WITH PICKUP BROOM)HR 135.00 40 0 0.00 24 3,240.00 43 2104.602 /00001 REMOVE AND REPLACE CASTING FRAME AND RINGS - SANITARY SEWER EA 850.00 12 0 0.00 11 9,350.00 44 2031.602 /00015 PORTABLE TOILETS EA 300.00 6 0 0.00 4 1,200.00 45 2104.503 /00270 REMOVE WATER MAIN LF 3.85 600 0 0.00 218 839.30 46 2104.603 /01850 ABANDON WATER MAIN LF 5.00 2600 0 0.00 2275 11,375.00 47 2104.501 /00085 REMOVE WATER SERVICE EA 727.00 8 0 0.00 4 2,908.00 48 2104.502 /00880 REMOVE HYDRANT EA 1,165.00 7 0 0.00 7 8,155.00 49 2104.502 /00871 REMOVE VALVE AND BOX EA 185.00 22 0 0.00 6 1,110.00 50 2504.601 /00040 TEMPORARY WATER SERVICE LS 0.01 1 0 0.00 1 0.01 City of New Hope 4401 Xylon Avenue North New Hope , MN 55428 Page 5 of 7 Client Project Number: Payment Number: 9/FINAL Contract Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date 51 2504.602 /00010 CONNECT TO EXISTING WATER MAIN EA 1,800.00 13 0 0.00 13 23,400.00 52 2504.603 /02004 4" PVC WATER MAIN LF 38.00 30 0 0.00 55 2,090.00 53 2504.603 /02006 6" PVC WATER MAIN LF 35.00 450 0 0.00 440 15,400.00 54 2504.603 /02008 8" PVC WATER MAIN LF 33.00 2800 0 0.00 2768 91,343.59 55 2504.602 /00804 4" GATE VALVE AND BOX EA 1,061.00 1 0 0.00 1 1,061.00 56 2504.602 /00806 6" GATE VALVE AND BOX EA 1,236.00 12 0 0.00 14 17,304.00 57 2504.602 /00808 8" GATE VALVE AND BOX EA 1,702.00 12 0 0.00 11 18,722.00 58 2504.602 /00031 CUT IN TEMPORARY VALVE EA 2,834.00 2 0 0.00 2 5,668.00 59 2504.602 /00020 HYDRANT EA 4,431.00 6 0 0.00 6 26,586.00 60 2504.603 /00008 EXTEND HYDRANT BARREL LF 748.00 4 0 0.00 0 0.00 61 2504.608 /00020 DUCTILE IRON FITTINGS LB 7.00 2500 0 0.00 3056 21,392.00 62 2502.604 INSULATION - 4" THICK SY 30.00 50 0 0.00 103.02 3,090.60 63 2451.607 /00001 IMPROVED PIPE FOUNDATION LF 0.01 3000 0 0.00 0 0.00 64 2504.602 /00410 1" CORPORATION STOP EA 155.00 5 0 0.00 4 620.00 65 2504.602 /03100 1" CURB STOP AND BOX EA 230.00 5 0 0.00 4 920.00 66 2515.000 10 1" TYPE "K" COPPER PIPE LF 45.00 250 0 0.00 143 6,435.00 67 2504.602 /00420 2" CORPORATION STOP EA 402.00 1 0 0.00 0 0.00 68 2504.602 /03200 2" CURB STOP AND BOX EA 494.00 1 0 0.00 0 0.00 69 2504.603 /00720 2" TYPE "K" COPPER PIPE LF 53.00 50 0 0.00 0 0.00 70 2504.602 /00014 CONNECT TO EXISTING WATER SERVICE EA 435.00 6 0 0.00 4 1,740.00 71 2104.602 /00005 REMOVE AND REPLACE CASTING FRAME AND RINGS - STORM SEWER EA 850.00 12 0 0.00 12 10,200.00 City of New Hope 4401 Xylon Avenue North New Hope , MN 55428 Page 6 of 7 Client Project Number: Payment Number: 9/FINAL Contract Item Status Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date 72 2104.602 /00004 REMOVE STROM SEWER MH OR CATCH BASIN EA 558.00 20 0 0.00 20 11,160.00 73 2104.503 /00285 REMOVE EXISTING STORM PIPE LF 15.00 800 0 0.00 800 12,000.00 74 2502.521 /06120 12" PVC STORM SEWER PIPE LF 32.00 10 0 0.00 19 608.00 75 2503.603 /00001 12" RCP STORM SEWER, CL 5 LF 42.00 300 0 0.00 284.7 11,955.87 76 2503.603 /00005 15" RCP STORM SEWER, CL 5 LF 46.00 90 0 0.00 87 4,002.00 77 2503.503 /19185 18" RCP STORM SEWER, CL 5 LF 47.00 265 0 0.00 268 12,596.00 78 2503.503 /19245 24" RCP STORM SEWER, CL 5 LF 75.00 15 0 0.00 8 600.00 79 2503.503 /19335 30" RCP STORM SEWER, CL 5 LF 118.00 70 0 0.00 65 7,670.00 80 2503.503 /19365 36" RCP STORM SEWER, CL 5 LF 144.00 32 0 0.00 32 4,608.00 81 2506.602 /06061 2'x3' CATCH BASIN EA 2,113.00 11 0 0.00 11 23,243.00 82 2506.602 /06181 4' DIA STORM SEWER CBMH OR MH EA 3,646.00 3 0 0.00 3 10,938.00 83 2506.602 /06182 5' DIA STORM SEWER CBMH OR MH EA 4,030.00 1 0 0.00 1 4,030.00 84 2506.602 /06183 5' DIA STORM SEWER CBMH WITH 5' SUMP EA 8,181.00 1 0 0.00 1 8,181.00 85 2506.602 /06184 6' DIA STORM SEWER CBMH EA 7,355.00 1 0 0.00 1 7,355.00 86 2506.602 /06185 4' DIA FILTRATION STRUCTURE WITH 3' SUMP AND SKIMMER EA 4,029.00 1 0 0.00 1 4,029.00 87 2506.601 /00040 FILTRATION TRENCH LS 36,725.00 1 0 0.00 1 36,725.00 88 2506.602 /06031 RECONSTRUCT INVERT EA 250.00 2 0 0.00 2 500.00 89 2506.602 /06032 RECONSTRUCT DOGHOUSE EA 250.00 5 0 0.00 3 750.00 90 2630.000 56 CONNECT TO EXISTING STORM SEWER PIPE EA 850.00 8 0 0.00 9 7,650.00 91 2635.000 12 CONNECT TO EXISTING STORM SEWER STRUCTURE EA 1,800.00 10 0 0.00 7 12,600.00 92 2503.603 /20090 TELEVISE STORM SEWER LF 5.00 800 0 0.00 0 0.00 Base Bid Totals:$1,314.00 $1,510,754.15 City of New Hope 4401 Xylon Avenue North New Hope , MN 55428 Page 7 of 7 Client Project Number: Payment Number: 9/FINAL Project Category Totals Category Amount This Request Amount To Date Part 1 -Street 1,314.00 975,297.47 Part 2 -Sanitary Sewer 0.00 9,350.00 Part 3 -Water Main 0.00 261,359.50 Part 4 - Storm Sewer 0.00 183,709.87 Part 5: Crystal 0.00 101,037.31 CC CC#Line Item Description Units Unit Price Contract Quantity Quantity This Request Amount This Request Quantity To Date Amount To Date C O 1 93 9990.02619 INCENTIVE COMPLETION LS 20,00 0.00 1 0 0.00 1 20,000.00 Contract Change Totals:$0.00 $20,000.00 Contract Total $1,530,754.15 Contract Change Totals Number Description Amount This Request Amount To Date 1 Incentive Payment 0.00 20,000.00 I:\RFA\COMM DEV\2020\City Council\07-27-20 Calvary Church CUP\Q - PC 20-08 Calvary Chapel.docx Request for Action July 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Brandon Bell, CD Assistant; & Jeff Sargent CD Director Agenda Title Resolution approving conditional use permit for Calvary Chapel New Hope dba Calvary Chapel Twin Cities at 9220 Bass Lake (New Hope Planning Case 20-08) Requested Action Staff requests the City Council approve a resolution approving Planning Case 20-08, a request for Conditional Use Permit to locate a church within the multi-tenant office building at 9220 Bass Lake Road. Policy/Past Practice The Council has approved Conditional Use Permits in the past if the proposals comply with the requirements of the zoning code. Background The applicant wishes to open a church in the multi-tenant building located at 9220 Bass Lake Road, which is zoned R-O, Residential Office. Public, educational, and religious uses are allowed by conditional use permit within the district. The church will operate within a small portion of the building by utilizing an existing 6,300 square foot office space area for their services and related activities. The main sanctuary area will take place in a room that is a little over 3,000 square feet. The rest of the space will be occupied by individual offices and a commercial kitchen that was already located in the spa ce before Calvary Church planned to move in. For more information regarding this planning case, please refer to the July 7, 2020 Planning Commission packet. Planning Commission The Planning Commission considered the request for Conditional Use Permit at the July 7, 2020 meeting and recommended approval with an 7-0 vote, subject to the following conditions: 1. The conditional use permit is approved based on the tenant occupancy and church hours of operation presented with this application. If conditions change that create an increase in parking demand beyond current capacity, the property owner will be required to construct additional parking or adjust building operations to fit within the current parking available. 2. Approval of the CUP is contingent upon a complete review and approval of the building and fire prevention plans by the Fire Marshal and Building Official. 3. The maximum seating at this location shall not exceed 250 people. Recommendation Staff recommends that the Council approve the attached resolution approving Planning Case 20-08, subject to the conditions stated in the resolution. Agenda Section Development & Planning Item Number 8.1 Request for Action, Page 2 Attachments  Resolution  Exhibit A to Resolution  Draft Planning Commission Minutes of 7/7/20 1 RESOLUTION NO. 2020- RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR CALVARY CHAPEL NEW HOPE D/B/A CALVARY CHAPEL TWIN CITIES AT 9220 BASS LAKE ROAD, SUITE 100 (New Hope Planning Case 20-08) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, Calvary Chapel New Hope, a Minnesota nonprofit corporation d/b/a Calvary Chapel Twin Cities (“Applicant”) is seeking to locate a church at the real property located at 9220 Bass Lake Road, Suite 100 in the city of New Hope and legally described as on the attached Exhibit “A”, Hennepin County, Minnesota (“Property”); and WHEREAS, the Property is owned by Tharp Family Limited Partnership, a Minnesota limited partnership (“Owner”); and WHEREAS, Applicant has submitted an application seeking a conditional use permit to locate Calvary Chapel New Hope d/b/a Calvary Chapel Twin Cities within the multi-tenant building located on the Property and intends to lease Suite 100 from Owner for such purposes; and WHEREAS, the Property is located in the R-O, Residential Office District; and WHEREAS, Applicant petitioned the City as part of New Hope Planning Case 20-08 for a conditional use permit to allow for a church on the Property; and WHEREAS, based on the City Staff Planning Case Report dated July 1, 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 R-O District; and WHEREAS, additional criteria for approving a conditional use permit as set forth in New Hope City Code §4-33 includes the following items which are specific requirements for R-O, Residential Office Districts: 1. Nonresidential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. 2 2. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. 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, the Planning Commission held a public hearing and considered the matter at its meeting on July 7, 2020; and WHEREAS, the Planning Commission, after a complete review of the issues involved, recommended the City Council approve the request with conditions; WHEREAS, the City Council has considered the request at its meeting of July 27, 2020. WHEREAS, both the New Hope Planning Commission and City Council had before it the June 16, 2020 Memorandum from its City Planner Northwest Associated Consultants, Inc. (“Memorandum”). On the basis of the analysis set forth in the Memorandum and the recommendation of the Planning Commission, the City Council makes the following Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the conditional use permit request as identified in New Hope Planning Case 20-08 shall be approved subject to the following conditions: 1. The conditional use permit is approved based on the tenant occupancy and church hours of operation presented with Applicant’s application. If conditions change that create an increase in parking demand beyond current capacity, the Applicant and Owner will be required to construct additional parking or adjust building operations to fit within the current parking available. 2. The conditional use permit is approved subject to a limitation on seating capacity to be no more than 250 people. If a greater seating capacity becomes necessary, Applicant will be required to seek an amendment of this conditional use permit. 3. Approval of the conditional use permit is contingent upon a complete review and approval of the building and fire prevention plans by the Fire Marshal and Building Official. 3 4. The conditional use permit, shall be recorded against the Property in both the Office of the County Recorder and the Registrar of Titles in and for Hennepin County. Dated the 27th day of July, 2020. ____________________________________ Kathi Hemken, Mayor Attest: ____________________________ Valerie Leone, City Clerk P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-22008 Calvary Church CUP 9220 Bass Lake Rd\Resolution approving CUP.docx CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES July 7, 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 Clark 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; Kathi Hemken, Mayor; Jessi Weber, Recording Secretary NEW BUSINESS The Planning Commission revisited commissioner appointments. Commissioner Hanson was appointed Vice Chair and Commissioner Mannix was appointed Third Officer. PUBLIC HEARING Planning Case 20-07 Item 4.1 Chair Clark introduced Item 4.1, Planning Case 20-07, Rezoning of scattered site housing property to allow for construction of new single- family home, 4215 Louisiana Avenue North, New Hope Economic Development Authority, petitioner. Mr. Jeff Alger, Community Development Specialist, gave background information on the case. The city of New Hope Economic Development Authority (EDA) purchased the vacant and distressed property in February of 2020. The building was constructed in 1961 as a single- family home and was later converted into office space. The property is zoned CB, Community Business. The building was demolished and must be rezoned to a residential district to facilitate redevelopment of the property as a single-family home. Alger then reviewed the zoning analysis for the property. The rezoning of the property aligns with the 2040 Comprehensive Plan. The parcel is 10,640 square feet in area and 80 feet wide, meeting minimum lot size requirements for the R-1 Single-family Residential district. Business or industrial use abutting a residential property would require the business or industry to provide screening along the boundary of the residential property. Because the subject property is currently zoned for commercial use, the neighboring commercial properties will not be required to retroactively install screening. The request for proposal (RFP) will require the developer to install screening fence along the south property line and coniferous trees near the southwest corner of 2 Planning Commission Meeting July 7, 2020 the lot. The driveway and curb cut included a large paved area that was located on the south side of the lot that extended onto Cook Automotive’s property, at 7100 42nd Avenue North. The area will be restored, with hydroseed already being installed. The existing curb cut previously served both properties. The RFP will require installation of a curb and curb cut that meets requirements of the City Code. Alger concluded that proper legal notice and mailing notice were given. Staff did not receive any feedback on the request. When Chair Clark questioned whether any of the Commissioners had any questions for staff, Commissioner Schmidt asked if the asphalt on Cook Automotive’s property would be removed. Mr. Alger showed pictures from the presentation that showed the asphalt and light pole were already removed. The disturbed areas were hydroseeded. Commissioner Brinkman asked if the city would plant coniferous trees on the lot before selling to a developer. Mr. Alger stated trees are included with the landscaping requirements of the RFP and are typically planted after construction is completed. If trees were planted before construction, they may not receive the required care and watering and may be damaged during construction. 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 Mannix, to close the Public Hearing. All present voted in favor. Motion carried. Motion Item 4.1 Motion by Commissioner Landy, seconded by Commissioner Brinkman, to approve Planning Case 20-07, Rezoning of scattered site housing property to allow for construction of new single-family home, 4215 Louisiana Avenue North, New Hope Economic Development Authority, petitioner. 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 July 27, 2020 City Council meeting. PUBLIC HEARING Planning Case 20-08 Item 4.2 Chair Clark introduced Item 4.2, Planning Case 20-08, Conditional Use Permit (CUP), to locate a church within the multi-tenant building located at 9220 Bass Lake Road, Calvary Chapel, petitioner. 3 Planning Commission Meeting July 7, 2020 Mr. Brandon Bell, Community Development Assistant, gave background information on the case. The applicant wishes to open a church in the multi-tenant building located at 9220 Bass Lake Rd, which is zoned R-O, Residential Office. Public, educational, and religious uses are allowed by conditional use permit within the district. The church will operate within a small portion of the building by utilizing an existing 6,300 square-foot office space. The area that will be used as the sanctuary is 3,300 square- feet. Next, Bell reviewed the zoning analysis for the case. Religious buildings are required to have one parking stall per three seats in the main assembly hall. West Metro Fire provided a total seating capacity of 471, which would put the required parking spaces at 157. However, the applicant states that 140 to 150 chairs will be set assuming that the average attendance will not exceed more than 85 people. Based upon this desired capacity, the church would only require approximately 29 parking spaces. The site plan illustrates 220 available parking stalls for the entire building. All other building tenants, other than Valiant Church, operate during normal business hours of 7:00 am to 6:00 pm, Monday through Friday, with 2 tenants having Saturday hours from 9:00 am through 12:00 pm. The only overlap in tenant hours of operation would be with Valiant Church, however the available off-street parking supply is considered adequate for both operations to take place at the same time. A signage plan was not submitted with the application. Any new signage would require a sign permit after staff review. The applicant has submitted a fire prevention plan that was reviewed by the Fire Marshall. The preliminary assessment of the proposed use is attached to the planning case report. Bell concluded that proper legal notice and mailing notice were given. Staff did receive a couple of inquiries regarding the screening of the property and the potential removal of shrubs or trees on the north side of the property. Staff believes these inquiries are not directly related to the proposed CUP and are working with the property owner to ensure that any tree or shrub removal meet the landscape plans and design standards. When Chair Clark questioned whether any of the Commissioners had any questions for staff, Commissioner Landy stated he is in support of this case, but wants the landscaping issues addressed. Mr. Al Brixius provided input that staff met with the building owner on site. The concerns with tree removal were addressed. The Amur Maples that had been planted for screening have grown taller and do not provide sufficient screening. The building owner agreed that the new trees would be allowed to grow to provide sufficient screening before any more trees would be removed. Mr. Jeff Sargent stated that the landscaping issues on the property are a separate issue from the planning case. Commissioner Landy agreed that those are separate issues, but just wanted to make sure the building owner kept up with the landscaping. 4 Planning Commission Meeting July 7, 2020 Commissioner Brinkman stated he would like the building owner to be at the meetings that involve cases at his property. Mr. Sargent informed that the applicant is required to attend the meetings and the property owner is required to sign approval of the planning application. The building owner did sign the application and an invitation would be extended to the property owner to attend the City Council meeting. Motion by Commissioner Redden, seconded by Commissioner Landy, to open the Public Hearing. All present voted in favor. Motion carried. Reverend Mike Fernandez, Pastor Mike, said he was excited to move to the new space to remain in New Hope. They have been very happy with New Hope and appreciates the help the staff has provided through this process. Jack Culbertson, 3806 Hawthorne Dr, said they are members of the church for the past ten years. He loves New Hope and the people here and is happy the church is able to move to another location in the city. Mayor Hemken thanked Mr. Culbertson for the kind remarks. Patricia Toro Gabries, 9209 59th Ave N, New Hope, expressed concern with potential parking with having services at the same time. She did say from the presentation that parking will not be an issue and she was glad that was addressed. She thanked staff for working to address her concerns with the landscaping issues. Wintertime can be bad with screening issues, so she is happy it is being looked into. Eric Wetter, 6420 Lancaster Ln, stated that moving to a new location will allow them to continue to serve the community and feels it will be a good fit. Mike Solace, 8710 Bass Lake Rd, said new Hope is a great place to have their church. Motion by Commissioner Redden, seconded by Commissioner Landy, to close the Public Hearing. All present voted in favor. Motion carried. Commissioner Clark brought up the thought of possibly adding a maximum number of attendees for the CUP. Since the CUP will follow the property, if Calvary Chapel leaves the location, someone else could come in with the full capacity determined by West Metro Fire. Mr. Brixius stated a maximum number could be assigned. If the applicant should have their attendance increase, they could always come back and adjust the CUP requirements. Pastor Mike said he would be comfortable with assigning a maximum number; he just would not be sure what that number would be. If they had luncheons or other functions, there was a maximum seating with banquet tables of 250, so that might be a good number to stick with. Commissioner Clark stated 250 for a maximum capacity sounded reasonable. Commissioner Brinkman asked how many entrances would be used. 5 Planning Commission Meeting July 7, 2020 Pastor Mike stated there was one entrance into the parking lot that would be used. Commissioner Brinkman asked how many entrances into the building would be used. Pastor Mike said there was a dedicated entrance into their suite that would be used the most. There is also the main entrance to the building that would also be used. Commissioner Brinkman stated it would be nice to have the building owner present to verify entrances and security. Mr. Sargent provided information from the CUP for Valiant Church. They had designated volunteer greeters that would ensure churchgoers would not wander the remaining part of the building during services. Pastor Mike said he had heard no concerns with security prior to the meeting. He wondered if it was the responsibility of the building owner or applicant to provide security. Commissioner Brinkman said it would be the responsibility of both. Pastor Mike said they would have ushers for the services who could provide that function. He also said that church members would be the least likely group of people who would cause issues in the building. Motion Item 4.2 Motion by Commissioner Landy, seconded by Commissioner Schmidt, to approve Planning Case 20-08, Conditional Use Permit (CUP), to locate a church within the multi-tenant building located at 9220 Bass Lake Road, Calvary Chapel, petitioner, with the addition of a maximum capacity of 250 people and the following conditions: 1. The CUP is approved based on the tenant occupancy and church hours of operation presented with this application. If conditions change that create an increase in parking demand beyond current capacity, the property owner will be required to construct additional parking or adjust building operations to fit within the current parking available. 2. Approval of the CUP is contingent upon a complete review and approval of the building and fire prevention plans by the Fire Marshal and Building Official. 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 July 27, 2020 City Council meeting. COMMITTEE REPORTS Design and Review Committee Item 5.1 The next potential meeting is on July 16, 2020. There are two people attending the pre-application meeting. Staff will be informed either way if the meeting will take place or will be cancelled. Commissioner Redden said he should be able to attend the meeting. Commissioner Landy said he would be available as a fill in if needed. Codes and Standards Committee There currently is no meeting scheduled. 6 Planning Commission Meeting July 7, 2020 Item 5.2 NEW BUSINESS OLD BUSINESS Approval of Minutes Item 7.1 Motion by Commissioner Landy, seconded by Commissioner Schmidt, to approve the Planning Commission minutes of June 2, 2020, with the correction of the incorrect address on page 2. Motion carried. ANNOUNCEMENTS ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:00 p.m. Respectfully submitted, Jessi Weber, Community Development Administrative Specialist I:\RFA\PUBWORKS\2020\Council\1045 2020 Seal Coat and Fog Seal\Award Contract Request for Action July 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Title Resolution awarding a contract to Allied Blacktop Company for $74,887.40 for the 2020 Crack Repair and Seal Coat project (Improvement Project No. 1045) Requested Action Staff recommends approval of a resolution awarding a contract for a total of $74,887.40 to Allied Blacktop Company for the 2020 Crack Repair and Seal Coat project. Policy/Past Practice To maximize the life of the pavement on city streets , New Hope annually schedules crack repair, seal coating and fog sealing of selected city streets. This is an activity critical to the city’s current pavement management strategy. If delayed, maintenance costs increase and may also result in premature expenditures for pavement overlays or reconstruction. Background The city’s street infrastructure management plan identifies and prioritizes street maintenance activities to maximize the return on each dollar invested in maintenance. The city’s current pavement management plan has all reconstructed roads being crack filled approximately every three years and seal coated and fog sealed every six years. This process keeps moisture out of the roadbed and keeps the roadway in a smooth, drivable condition for a longer period. In addition to maintenance on fully reconstructed roads, this process is used on city streets to help extend pavement life until funds are available for a full pavement removal or reconstruction project. Staff plans to make some adjustments when developing the 2020 Pavement Management Plan as it relates to extending the six-year cycle for seal coating based on how recent seal coat/fog seal streets are performing. Quotes were opened for the 2020 Crack Repair and Seal Coat project on July 17, 2020. There were two quotes with the low quote of $74,887.40 coming from Allied Blacktop Company. Allied Blacktop Company has worked in the city on crack fill and seal coat projects many times . They were not the contractor that did the crack filling on Boone Avenue. This bid compares to the Engineer’s Opinion of Probable Construct Cost of approximately $110,000. The Street Infrastructure CIP budget for this project is $150,828. The proposed project schedule is: Award Contract July 27, 2020 Start Construction – Crack Repair August 2020 Start Construction – Seal Coat & Fog Seal August 2020 Complete Construction September 2020 Agenda Section Development & Planning Item Number 8.2 Funding The 2020 CIP listed $120,878 for roadway and $30,000 for the Golf Course seal coat/fog seal and crack filling. All values can be compared in the table below. CIP Street Infrastructure Fund Engineer’s Estimate Bid Result Base Quote - Roadways $100,690 $94,492.64 $64,376.89 Base Quote – Golf Course 25,000 $15,279.76 $10,510.51 Total Construction Cost 125,690 $109,772.40 $74,887.40 Indirect 25,138 $21,954.48 $14,977.48 Total Budget/Cost $150,828 $131,726.88 $89,864.88 Attachments  Resolution  City Engineer’s Memo, bid tabulation, map City of New Hope Resolution No. 20 Resolution awarding a contract to Allied Blacktop Company for $74,887.40 for the 2020 Crack Repair and Seal Coat project (Improvement Project No. 1045) WHEREAS, the Council reviewed the 2019 Pavement Management Plan that identified and discussed implementation of the 2020 Crack Repair and Seal Coat project (Improvement Project No. 1045); and WHEREAS, funding is available in the 2020 street infrastructure fund for a crack repair and seal coat project; and, WHEREAS, this activity is an integral component of the city’s pavement management strategy; and, WHEREAS, this activity is recommended for the area identified in the street infrastructure plan developed by staff and engineering; and WHEREAS, the city has received acceptable quotes, and the Council does hereby determine to proceed with the 2020 Crack Repair and Seal Coat improvement project; and WHEREAS, the total base quote from Allied Blacktop Company in the amount of $74,887.40 is the lowest responsible quote submitted. NOW, THEREFORE, BE IT RESOLVED: 1. That the contract of public improvement No. 1045, the 2020 Crack Repair and Seal Coat project, is awarded to Allied Blacktop Company in the amount of $74,887.40. 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minneso ta, this 27th day of July, 2020. Mayor Attest: City Clerk Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402 July 20, 2020 File: 193805059 Attention: Bernie Weber, Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2020 Crack Repair and Seal Coat – Award - City Project No. 1045 Dear Bernie, Attached please find the Quote Results Letter and project location plans on the above referenced project. The low Quoter on the project was Allied Blacktop Company at $74,887.40. This compares to the Engineer’s opinion of probable cost of $110,000. The City of New Hope completes annual crack repair, seal coat, and fog seal application projects to extend the useful life of streets throughout the City. The project streets this year were selected for crack repair and seal coat based upon the current Pavement Management Strategy as well as current street conditions. Because of early tee times, Staff is allowing seal coat and fog sealing operations to begin at 5:30 AM at the Golf Course Parking Lot compared to 7:00 AM. If Council chooses to award this project, this can be done at the July 27th Council Meeting. The work would be completed in August and September 2020. 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: Quote Results Letter and 2020 Crack Repair and Seal Coat Location Plan Cc: Andrew Kramer, Dave Lemke, Shawn Markham, Kirk McDonald, Megan Hedstrom – New Hope; Lucas Miller, Ann Dienhart – Stantec. Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis MN 55402 July 20, 2020 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re:2020 Crack and Seal Coat City Project No. 1045 Stantec Project No. 193805059 Quote Results Dear Honorable Mayor and City Council: Quotes were opened for the 2020 Crack and Seal Coat project on July 17, 2020. Transmitted herewith is a copy of the Quote Tabulation for your information and file. Copies will also be distributed to each contractor who submitted a quote once the Project has been awarded. There was a total of 2 Quotes. The following summarizes the results of the Quotes received: Contractor Total Base Quote Low Allied Blacktop Company $74,887.40 #2 Pearson Bros., Inc.$103,452.50 The low Quoter on the Project was Allied Blacktop Company. with a Total Base Quote Amount of $74,887.40. This compares to the Engineer’s Opinion of Probable Costs of $110,000. If the City Council wishes to award the Project to the low Quoter, then Allied Blacktop Company should be awarded the Project based on the Total Base Quote Amount of $74,887.40. Should you have any questions, please feel free to contact me. Sincerely, STANTEC CONSULTING SERVICES INC. Dan Boyum, P.E. Enclosure Project Name: City Project No.:Stantec Proj. No.: Quote Deadline:Owner: Dan Boyum, P.E. License No. QUOTE TABULATION Item Num Item Units Qty Unit Price Total Unit Price Total BASE QUOTE: PART 1 - GENERAL 1 MOBILIZATION LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 2 TRAFFIC CONTROL LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 TOTAL PART 1 - GENERAL $10,000.00 $10,000.00 BASE QUOTE: PART 2 - STREETS 3 CRACK SEAL (ROUTE AND SEAL)LB 2,560 $2.00 $5,120.00 $4.00 $10,240.00 4 BITUMINOUS MATERIAL FOR SEAL COAT, CRS-2 GAL 12,540 $0.10 $1,254.00 $2.45 $30,723.00 5 SEAL COAT AGGREGATE, FA-2 (MOD), TRAP ROCK SY 44,230 $0.85 $37,595.50 $0.50 $22,115.00 6 BITUMINOUS MATERIAL FOR FOG SEAL SY 44,230 $0.23 $10,172.90 $0.25 $11,057.50 7 24" SOLID LINE, WHITE EPOXY LF 130 $7.00 $910.00 $7.00 $910.00 8 REMOVE EXISTING ROADWAY PAVEMENT MARKINGS - PAINT SF 260 $2.80 $728.00 $2.80 $728.00 TOTAL PART 2 - STREETS $55,780.40 $75,773.50 BASE QUOTE: PART 3 - GOLF COURSE PARKING LOT 9 CRACK SEAL (ROUTE AND SEAL)LB 520 $2.00 $1,040.00 $5.00 $2,600.00 10 BITUMINOUS MATERIAL FOR SEAL COAT, CRS-2 GAL 1,000 $0.10 $100.00 $5.00 $5,000.00 11 SEAL COAT AGGREGATE, FA-2 (MOD), TRAP ROCK SY 3,520 $0.85 $2,992.00 $1.00 $3,520.00 12 BITUMINOUS MATERIAL FOR FOG SEAL SY 3,520 $0.30 $1,056.00 $0.75 $2,640.00 13 4" SOLID LINE EPOXY LF 2,080 $1.80 $3,744.00 $1.80 $3,744.00 14 24" SOLID LINE, WHITE EPOXY LF 25 $7.00 $175.00 $7.00 $175.00 TOTAL PART 3 - GOLF COURSE PARKING LOT $9,107.00 $17,679.00 TOTAL PART 1 - GENERAL $10,000.00 $10,000.00 TOTAL PART 2 - STREETS $55,780.40 $75,773.50 TOTAL PART 3 - GOLF COURSE PARKING LOT $9,107.00 $17,679.00 TOTAL BASE QUOTE: PARTS 1-3 TOTAL $74,887.40 $103,452.50 Phone:763-391-6622 Email:m.dolecki@alliedblacktopmn.com missy@pearsonbrosinc.com Signed By:Peter M. Capistrant Jack Pearson Title:President President I hereby certify that this is an exact reproduction of Quotes received. City of New Hope, Minnesota 2020 Crack Repair and Seal Coat Project 1045 Friday, July 17, 2020 at 3 P.M., CST 193805059 Allied Blacktop Company Pearson Brothers, Inc. Quoter No. 1 Quoter No. 2 Pearson Brothers, Inc. 11079 Lamont Avenue NE Hanover, M 55341 Contractor Name and Address: Allied Blacktop Company 10503 89th Avenue No. Maple Grove, MN 55369 763-425-0575 193805059-Quote Tab.xlsm QT-1 ATHLETIC FIELDS GETTYSBURGAVENGE T T Y S B UR GA V E NINDEPENDENCEAVENI N D EP EN DE N C E AVE NHI L L S B OR OA V E N46TH AVE N 45THAVEN 47TH AVE N 44TH CIR N 45TH AVE N 42ND AVE N (CSAH 9)FLAGAVENDECATURAVENCAVELLAVEN45TH AVE N AVENAVE N AVE N 4 9TH AVE N VIR VIRGINIAAVENWISCONSINAVEYUKONFAIRVIEW ZEALAND 50TH AVE N WINNETKAAVEN(CSAH156)XYLONAVEN50TH AVE N 51ST AVE N CIR D E C A T U R AQUILA4 8TH AVE N 47TH AVE NDRDECATURAVENENSIGNFLAGAVEN48THAVE 471/2 AVE N 47TH AVE N ZEALANDAVENERICKSONBO ONEAV E ND E C A T U R A V E N AVEN4 6 T H E N S I G N A V E N BOONEAVENF L A G A V E N 46TH AVE BOONEAVEN4 9TH AVE N CITY HALL TH169TH169N C0.01 LOCATIONPLANSHEET NUMBER DATENO SURVEY APPROVED DESIGNED DRAWN PROJ. NO.WASPREPAREDBYMEORUNDERMYDIRECTSUPERVISIONIHEREBYCERTIFYTHATTHISPLAN,SPECIFICATION,ORREPORTANDTHATIAMADULYLICENSEDUNDERTHELAWSOFTHESTATEOFPRINTNAME:SIGNATURE:DATE:LIC.NO.REVISION CHECKED PlotDate:07/10/2020-11:10amDrawingname:V:\1938\active\193805059\CAD\Dwg\193805059-C001.dwgXrefs:,193805059_BORDER,193802301_GolfCourselinework,193805059_BASETHECONTRACTORSHALLVERIFYANDBERESPONSIBLEFORALLDIMENSIONS.DONOTSCALETHEDRAWING-ANYERRORSOROMISSIONSSHALLBEREPORTEDTOSTANTECWITHOUTDELAY.THECOPYRIGHTSTOALLDESIGNSANDDRAWINGSARETHEPROPERTYOFSTANTEC.REPRODUCTIONORUSEFORANYPURPOSEOTHERTHANTHATAUTHORIZEDBYSTANTECISFORBIDDEN.NEWHOPE,MINNESOTA2020CRACKREPAIR&SEALCOAT193805059CITYPROJECTNO.1045EKK ACD KMS DDBPROFESSIONALENGINEERMINNESOTA.DAND.BOYUM7/10/202023451GENERAL NOTES : 1. INLET PROTECTION DEVICES WILL BE INSTALLED BY CITY. 2. PROVIDE A MINIMUM OF 48 HRS NOTIFICATION PRIOR TO CRACK REPAIR OPERATIONS. 3. ALL CRACK REPAIR MUST USE THE ROUTE AND SEAL METHOD. 4. SUBSTANTIAL COMPLETION DATE:AUGUST 31, 2020. 5. FINAL COMPLETION, INCLUDING STRIPING TO BE COMPLETED BY:SEPTEMBER 18, 2020 5.1.STRIPING TO BE INSTALLED MIN. 14 DAYS AFTER FOG SEAL. 6. PROVIDE A MINIMUM OF 3 DAYS NOTICE PRIOR TO SEAL COATING AND 7 DAYS NOTICE PRIOR TO FOG SEALING OPERATIONS. 7. STREET SWEEPING: 7.1.INITIAL SWEEP: 1-3 DAYS AFTER SEAL COAT. 7.2.SECOND SWEEP: MINIMUM 10 DAYS AFTER INITIAL SWEEP AND PRIOR TO FOG SEAL. 0 300 600 LEGEND CRACK REPAIR ONLY SEAL COAT & FOG SEAL CRACK REPAIR, SEAL COAT & FOG SEAL SEE SHEET C6.01 FOR STRIPING DETAILS SEE SHEET C6.01 FOR STRIPING DETAILS NAVE 341/2 AVE NAVE.NENSIGNAVEN36TH AVE N 35TH FLAGFLAGHILLSBORODECATURCT.BOONEAVENTH169SUMTERAVENPENNSYLVANIAAVENRHODEISLANDAVENAVE N58TH WINNETKAAVEN(CSAH156)BASS LAKE RD (CSAH 10)QUEBECAVE.N.PENNSYLVANIAAVE.N.N C0.02 LOCATIONPLANSHEET NUMBER DATENO SURVEY APPROVED DESIGNED DRAWN PROJ. NO.WASPREPAREDBYMEORUNDERMYDIRECTSUPERVISIONIHEREBYCERTIFYTHATTHISPLAN,SPECIFICATION,ORREPORTANDTHATIAMADULYLICENSEDUNDERTHELAWSOFTHESTATEOFPRINTNAME:SIGNATURE:DATE:LIC.NO.REVISION CHECKED PlotDate:07/10/2020-11:17amDrawingname:V:\1938\active\193805059\CAD\Dwg\193805059-C001.dwgXrefs:,193805059_BORDER,193802301_GolfCourselinework,193805059_BASETHECONTRACTORSHALLVERIFYANDBERESPONSIBLEFORALLDIMENSIONS.DONOTSCALETHEDRAWING-ANYERRORSOROMISSIONSSHALLBEREPORTEDTOSTANTECWITHOUTDELAY.THECOPYRIGHTSTOALLDESIGNSANDDRAWINGSARETHEPROPERTYOFSTANTEC.REPRODUCTIONORUSEFORANYPURPOSEOTHERTHANTHATAUTHORIZEDBYSTANTECISFORBIDDEN.NEWHOPE,MINNESOTA2020CRACKREPAIR&SEALCOAT193805059CITYPROJECTNO.1045EKK ACD KMS DDBPROFESSIONALENGINEERMINNESOTA.DAND.BOYUM7/10/202023451GENERAL NOTES : 1. INLET PROTECTION DEVICES WILL BE INSTALLED BY CITY. 2. PROVIDE A MINIMUM OF 48 HRS NOTIFICATION PRIOR TO CRACK REPAIR OPERATIONS. 3. ALL CRACK REPAIR MUST USE THE ROUTE AND SEAL METHOD. 4. SUBSTANTIAL COMPLETION DATE:AUGUST 31, 2020. 5. FINAL COMPLETION, INCLUDING STRIPING TO BE COMPLETED BY:SEPTEMBER 18, 2020 6. PROVIDE A MINIMUM OF 3 DAYS NOTICE PRIOR TO SEAL COATING AND 7 DAYS NOTICE PRIOR TO FOG SEALING OPERATIONS. 7. STREET SWEEPING: 7.1.INITIAL SWEEP: 1-3 DAYS AFTER SEAL COAT. 7.2.SECOND SWEEP: MINIMUM 10 DAYS AFTER INITIAL SWEEP AND PRIOR TO FOG SEAL. 0 300 600 LEGEND CRACK REPAIR ONLY SEAL COAT & FOG SEAL CRACK REPAIR, SEAL COAT & FOG SEAL NORTH END STREETS SUMTER AVE N: CSAH 10 TO 58TH 58TH AVE N: QUEBEC TO PENNSYLVANIA 35TH AVE ENSIGN TO CDS WISCONSINAVENBOONE 56TH AVE N BASSLAKERD(CSAH10)58T H A V E N BOONEAVENYUKONAVENXYLONAVENZEALANDAVENN C0.03 LOCATION PLAN SHEET NUMBER DATENO SURVEY APPROVED DESIGNED DRAWN PROJ. NO.WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISIONI HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORTAND THAT I AM A DULY LICENSEDUNDER THE LAWS OF THE STATE OFPRINT NAME:SIGNATURE:DATE:LIC. NO. REVISION CHECKED Plot Date: 07/10/2020 - 11:31amDrawing name: V:\1938\active\193805059\CAD\Dwg\193805059-C001.dwgXrefs:, 193805059_BORDER, 193802301_Golf Course linework, 193805059_BASETHE CONTRACTOR SHALL VERIFY AND BE RESPONSIBLEFORALLDIMENSIONS. DONOT SCALETHEDRAWING - ANY ERRORS OR OMISSIONS SHALL BEREPORTEDTOSTANTECWITHOUT DELAY.THE COPYRIGHTS TO ALL DESIGNS AND DRAWINGS ARE THEPROPERTYOF STANTEC. REPRODUCTIONOR USE FOR ANY PURPOSE OTHER THAN THAT AUTHORIZEDBYSTANTECIS FORBIDDEN.NEW HOPE, MINNESOTA2020 CRACK REPAIR & SEAL COAT 193805059CITY PROJECT NO. 1045 EKK ACD KMS DDBPROFESSIONAL ENGINEERMINNESOTA.DAN D. BOYUM7/10/202023451GENERAL NOTES : 1. GOLF COURSE CRACK REPAIR, SEAL COAT, AND FOG SEAL MUST OCCUR STARTING AT 5:30 A.M. 1.1.CITY MAY HAVE ADDITIONAL RESTRICTIONS TO ALLOW GOLFERS TO PARK IN LOT LATER THE SAME DAY 2. INLET PROTECTION DEVICES WILL BE INSTALLED BY CITY. 3. PROVIDE A MINIMUM OF 48 HRS NOTIFICATION PRIOR TO CRACK REPAIR OPERATIONS. 4. ALL CRACK REPAIR MUST USE THE ROUTE AND SEAL METHOD. 5. PRIOR TO SEAL COAT AND FOG SEAL, INSTALL TEMP. FLEXIBLE REFLECTOR PAVEMENT MARKER DEVICES FOR PARKING STALLS. 6. EPOXY STRIPING TO OCCUR NO SOONER THAN 14 DAYS AFTER FOG SEAL. 7. SUBSTANTIAL COMPLETION DATE:AUGUST 31, 2020. 5. FINAL COMPLETION, INCLUDING STRIPING TO BE COMPLETED BY:SEPTEMBER 18, 2020 6. PROVIDE A MINIMUM OF 3 DAYS NOTICE PRIOR TO SEAL COATING AND 7 DAYS NOTICE PRIOR TO FOG SEALING OPERATIONS. 7. STREET SWEEPING: 7.1.INITIAL SWEEP: 1-3 DAYS AFTER SEAL COAT. 7.2.SECOND SWEEP: MINIMUM 10 DAYS AFTER INITIAL SWEEP AND PRIOR TO FOG SEAL. 0 20 40 CRACK REPAIR, SEAL COAT, AND FOG SEAL NEW HOPE GOLF COURSE PARKING LOT 0 200 400 LEGEND CRACK REPAIR ONLY SEAL COAT & FOG SEAL CRACK REPAIR, SEAL COAT & FOG SEAL PROTECT EX. CATCH BASIN BASS LAKE RD (CSAH 10) SEE SHEET C6.02 FOR STRIPING DETAIL I:\RFA\PUBWORKS\2020\Council\2021 1051 Infrastructure Improvement Project\Q-1051 Authorize Preparation Of Feasibility.Docx Request for Action July 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Public Works Director Agenda Title Resolution authorizing the preparation of a feasibility report for construction of the 2021 Infrastructure Improvements project (improvement project no. 1051) Requested Action Staff recommends that Council approve a resolution authorizing the city engineer, Stantec, to proceed in the preparation of a feasibility report for construction of a 2021 Infrastructure Improvement project (improvement project no. 1051) in the areas shown on the 2019 Pavement Management Plan. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. The city’s pavement management plan identifies these areas in the Street Infrastructure Projects portion of the plan. Background The street conditions in the 2019 Pavement Management Plan are poor. The streets planned for a Reclaim and Overlay in the 2021 Pavement Management plan have street PRI ratings as poor. These conditions can be seen on the attached 2019 PRI map. The feasibility report will identify the cost of either fully reconstructing, mill and overlaying, or reclaim and overlaying all of the identified potential project streets. This feasibility report will also identify all tax -exempt properties that will be affected by this work and provide an estimated assessment rate for these properties. These assessments will be one funding source for the project. From preliminary review of the area, there may not be any assessment related properties. The feasibility report will confirm. Funding The major source of funding for the project will be the city’s infrastructure funds. The preliminary cost estimate for the total project is estimated at $1,871,330. Attachments  Resolution  Engineer’s Memo  2021 Street Infrastructure Projects  2019 PRI map Agenda Section Development & Planning Item Number 8.3 City of New Hope Resolution No. 20 – Resolution authorizing the preparation of a feasibility report for construction of the 2021 Infrastructure Improvements project (Improvement project no. 1051) WHEREAS, Council approves the preparation of a feasibility report for the 2021 Infrastructure Improvements project (improvement project no. 1051); and, WHEREAS, Stantec will provide the feasibility study on behalf of the city; and, WHEREAS, the City intends to fund in part by asses sments to tax exempt properties and city street infrastructure fund sources. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, that the City Council hereby approves the preparation of the f easibility study for 2021 infrastructure improvements. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of July, 2020. _____________________________ Mayor Attest: _____________________________ City Clerk Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402 July 20, 2020 File: 193805078 Attention: Bernie Weber, Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2021 Infrastructure Improvements Authorize Preparation of Feasibility Report (City Project No. 1051) Dear Bernie, As identified on the City’s Capital Improvement Plan (CIP) and Pavement Management Plan (PMP), street and utility improvements are scheduled for generally around the Lions Park area of the city. These improvements are shown on the attached map. To be consistent with past processes when doing infrastructure projects, we recommend the Council authorizes preparation of a feasibility report to outline the proposed improvements and determine the project need and cost effectiveness. The report will break down the project into logical sections to allow for reduction in scope, if desired, at the time of deciding if the project should move forward into the design stage. The preliminary cost estimate for the total project as shown on the attached map based upon full reclaim and overlay is estimated at $1,871,330. The report could be presented to the Council in September or October. If decided to move forward with the project, plans could be prepared over the fall/ winter. The project could be scheduled for bid in January, with construction to begin in the spring of 2021. If you have any questions or require further information, please call me at (612) 712-2021. Sincerely, STANTEC Dan D. Boyum, P.E. Attachments: 2019 Pavement Management Plan – 2021 Street Infrastructure Projects Cc: Andrew Kramer, Dave Lemke, Shawn Markham, Kirk McDonald, Megan Hedstrom, Matt Rowedder – New Hope; Kellie Schlegel, Lucas Miller, Ann Dienhart – Stantec. New HopePlymouth Crystal Robbinsdale BrooklynCenterHIGHWAY 169BOONE AVE NWINNETKA AVE N36TH AVE N 62ND AVE N 49TH AVE N BASS LAKE FLAG AVE N32ND AVE N NEVADA AVE NQUEBEC AVE N46TH AVE N 42ND AVE N (CSAH 9) 59TH AVE N 40TH AVE N 47TH AVE N 32ND PL N MEDICINE LAKE RD(CSAH 70) 54TH AVE N 50TH AVE N 28TH AVE N 45TH AVE N 29TH AVE N 30TH AVE NGETTYSBURG AVE N55TH AVE N JORDAN AVE NW E S T B R O A D W A Y 40 1/2 AVE N AQUILA AVE NENSIGN AVE NOREGON AVE N53RD AVE N 39TH AVE N 60TH AVE N 60 1/2 AVE N XYLON AVE NHIGHWAY 169 FRONTAGEDEL DR 30TH ACE N31ST AVE NWINPARK DR HILLSBORO AVE N61 1/2 AVE N ZEALAND AVE NNORTHWOOD PKWYLOUISIANA AVE N56TH AVE N 58TH AVE N SUMTER AVE N35TH AVE N 33RD AVE N NORTHERN DR MARYLAND AVE NJERSEY AVE NINTERNATIONAL PKWYSCIENCE CENTER DR YUKON AVE N33RD PL N UTAH AVE NCAVELL AVE N34T H AVE N 61ST AVE N 47 1/2 AVE N HOPEWOOD LN NINDEPENDENCE AVE NELM GROVE AVEDECATUR AVE NANGELINA DR VIRGINIA AVE N DUDLEY AVE N 59TH PL N LOUISANA AVE NOREGON AVEN38TH AV E N 4 8 T H AV E N PENNSYLVANIA AVE NERICKSON DRRHODE ISLAND AVE NSAINT RAPHAEL DR 52ND AVE NSUMTER AVENUE NW I S C O N S I N A V E N 27TH PL N 57TH AVE N 38 1/2 AVE N 41ST AVE N VALLEY PL 36 1/2 CIR N LAMPHERE DR51ST AVE N 46 1/2 AVE N 45 1/2 AVE N 3 7 T H A V E N LOMBARDY AVE COUNTY ROAD 9 KENTUCKY AVE NBOONE PL N 26TH VALLE VISTA ST ELM GROVE CT 3 4 TH P L N34 1/2 AVE N FAIRVIEW AVE N 59 1/2 AVE N RESEARCH CENTER RD E 44TH AVE N3 5 1 /2 A V E N 32ND CIR NMEADOW LAKE PL TERRA LINDA DR 48TH CIR N 43RD AVE N 41 1/2 AVE N A L L E N C IR SHIRLEY PL47 1/2 PL NWISCONSIN CIR N47 1/2 CIR NINDEPENDENCE CIR N YUKO N CIR32ND CT NMARYLAND AVE NMARYLAND AVE NMARYLAND AVE NXYLON AVE NINDEPENDENCE AVE N32ND AVE N MARYLAND AVE N58TH AVE NXYLON AVE NSUMTER AVE NMARYLAND AVE NXYLON AVE NQUEBEC AVE N52ND AVE N UTAH AVE N31ST AVE N 58TH AVE N SUMTER AVE N3 3 R D P L N NEVADA AVE NNEVADA AVE NMARYLAND AVE NF L A G A V E N NEVADA AVE NRHODE ISLAND AVE N34TH AVE N 31ST AVE NYUKON AVE NPENNSYLVANIA AVE N45TH AVE NXYLON AVE N45TH AVE N VIRGINIA AVE NPENNSYLVANIA AVE N59TH PL NGETTYSBURG AVE N35TH AVE NFLAG AVE N30TH AVE N NEVADA AVE N59TH AVE N FLAG AVE NLOUISIANA AVE N6 1 S T AV E N 47TH AVE N 47TH AVE N XYLON AVE NSUMTER AVE NUTAH AVE N33RD AVE NYUKON AVE N46TH AVE N YUKON AVE N48TH AVE NBOONE AVE NWINNETKA AVE NNORTHWOOD PARKWAY 31ST AVE N 0 15,000 30,000Feet ($$¯ 1:18,000 (At original document size of 11x17)Revised: 2019-11-06 By: dmericksonV:\1938\Clients\New_Hope\Projects\2019_Pavement_Maps\2021 Street Infrastructure Projects.mxd Disclaimer: Stantec assumes no responsibility for data supplied inelectronic format. The recipient accepts full responsibility for verifying the accuracy and completeness of the data. The recipient releases Stantec, its officers, employees, consultants and agents, from any and all claims arising in any way from the content or provisionof the data. Reclaim & Overlay 2021 StreetInfrastructure ProjectsNew Hope, Minnesota2019 Pavement Management Plan New HopePlymouth Crystal Robbinsdale BrooklynCenterHIGHWAY 169BOONE AVE NWINNETKA AVE N36TH AVE N 62ND AVE N 49TH AVE N BASS LAKE FLAG AVE N32ND AVE N NEVADA AVE NQUEBEC AVE N46TH AVE N 42ND AVE N (CSAH 9) 59TH AVE N 40TH AVE N 47TH AVE N 32ND PL N MEDICINE LAKE RD(CSAH 70) 54TH AVE N 50TH AVE N 28TH AVE N 45TH AVE N 29TH AVE N 30TH AVE NGETTYSBURG AVE N55TH AVE N JORDAN AVE NW E S T B R O A D W A Y 40 1/2 AVE N AQUILA AVE NENSIGN AVE NOREGON AVE N53RD AVE N 39TH AVE N 60TH AVE N 60 1/2 AVE N XYLON AVE NHIGHWAY 169 FRONTAGEDEL DR 30TH ACE N31ST AVE NWINPARK DR HILLSBORO AVE N61 1/2 AVE N ZEALAND AVE NNORTHWOOD PKWYLOUISIANA AVE N56TH AVE N 58TH AVE N SUMTER AVE N35TH AVE N 33RD AVE N NORTHERN DR MARYLAND AVE NJERSEY AVE NINTERNATIONAL PKWYSCIENCE CENTER DR YUKON AVE N33RD PL N UTAH AVE NCAVELL AVE N34T H AVE N 61ST AVE N 47 1/2 AVE N HOPEWOOD LN NINDEPENDENCE AVE NELM GROVE AVEDECATUR AVE NDUDLEY AVE N ANGELINA DR VIRGINIA AVE N59TH PL N LOUISANA AVE NOREGON AVEN38TH AV E N 4 8 T H AV E N PENNSYLVANIA AVE NERICKSON DRRHODE ISLAND AVE NSAINT RAPHAEL DR 52ND AVE NSUMTER AVENUE NW I S C O N S I N A V E N 27TH PL N 57TH AVE N 38 1/2 AVE N 41ST AVE N VALLEY PL 36 1/2 CIR N LAMPHERE DR51ST AVE N 46 1/2 AVE N 45 1/2 AVE N 3 7 T H A V E N LOMBARDY AVE COUNTY ROAD 9 KENTUCKY AVE NBOONE PL N 26TH VALLE VISTA ST ELM GROVE CT 3 4 TH P L N34 1/2 AVE N FAIRVIEW AVE N 59 1/2 AVE N RESEARCH CENTER RD E 44TH AVE N3 5 1 /2 A V E N 32ND CIR NMEADOW LAKE PL TERRA LINDA DR 48TH CIR N 43RD AVE N 41 1/2 AVE N A L L E N C IR SHIRLEY PL47 1/2 PL NWISCONSIN CIR N47 1/2 CIR NINDEPENDENCE CIR N YUKO N CIR32ND CT NMARYLAND AVE NMARYLAND AVE NMARYLAND AVE NXYLON AVE NINDEPENDENCE AVE N32ND AVE N MARYLAND AVE N58TH AVE NXYLON AVE NSUMTER AVE NMARYLAND AVE NXYLON AVE NQUEBEC AVE N52ND AVE N UTAH AVE N31ST AVE N 58TH AVE N SUMTER AVE N3 3 R D P L N NEVADA AVE NNEVADA AVE NMARYLAND AVE NF L A G A V E N NEVADA AVE NRHODE ISLAND AVE N34TH AVE N 31ST AVE NYUKON AVE NPENNSYLVANIA AVE N45TH AVE NXYLON AVE N45TH AVE N VIRGINIA AVE NPENNSYLVANIA AVE N59TH PL NGETTYSBURG AVE N36TH AVE NFLAG AVE N30TH AVE N NEVADA AVE N59TH AVE N FLAG AVE NLOUISIANA AVE N6 1 S T AV E N 47TH AVE N 47TH AVE N XYLON AVE NSUMTER AVE NUTAH AVE N33RD AVE NYUKON AVE N46TH AVE N YUKON AVE N48TH AVE N 0 15,000 30,000Feet ($$¯ 1:18,000 (At original document size of 11x17)Revised: 2019-11-06 By: dmericksonV:\1938\Clients\New_Hope\Projects\2019_Pavement_Maps\PRI_Ratings_2019_Map.mxd Disclaimer: Stantec assumes no responsibility for data supplied inelectronic format. The recipient accepts full responsibility for verifying the accuracy and completeness of the data. The recipient releases Stantec, its officers, employees, consultants and agents, from any and all claims arising in any way from the content or provisionof the data. New Hope, Minnesota2019 Pavement Management Plan 2019 Pavement Rating Index (PRI) * As of 11/04/2019 PRI 01 - 2021 - 4041 - 6061 - 8081 - 100 0.53 miles 2.12 miles 6.72 miles20.35 miles37.47 miles I:\RFA\COMM DEV\2020\City Council\07-27-20 Tobacco Use Ordinance Amendment\Q- Tobacco Use Ordinance Amendment.docx Request for Action July 27, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Brandon Bell, Community Development Assistant & Kirk McDonald, City Manager Agenda Title Ordinance 20-08, An Ordinance Regulating the Sale of Tobacco and Related Devices and Products Within the City of New Hope, Minnesota (including adoption of summary ordinance for publication purposes) Requested Action Staff recommends that the City Council approve the attached ordinance regulating the sale of tobacco and related devices and products within the city of New Hope, Minnesota. The ordinance amendment was discussed and passed with a 4-1 vote at the May 26, 2020, City Council meeting. This ordinance is being reconsidered after additional notices have been sent out to all tobacco license holders. Policy/Past Practice It is the past practice of the city to provide regulations to govern general and various activities and situations which actually or may occur or exist in the city, and which will or may affect the general welfare and safety of residents of the city; with the intention of promoting and protecting the health, safety and welfare of the citizens of the city. Background This item was recently approved at the May 26, 2020, Council Meeting. On advice of the City Attorney, it is being returned for consideratio n so that a one month notice about this meeting could be given to the tobacco license holders of the city. At the May 2020 work session staff presented a preliminary tobacco use ordinance amendment. This amendment was created with the help of Mitchell Hamline Public Health Law Center. Mitchell Hamline has helped other cities in the state write new tobacco ordinance amendments free of charge. The proposed amendment was based on the interests of the City Council at the February and May work sessions. Below are the changes that are within the newly proposed tobacco ordinance amendment: 1. Many definitions have either been revised or added to provide a 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. Agenda Section Ordinances & Resolutions Item Number 10.1 Request for Action, Page 2 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. At the February work session Council inquired how a ban on pharmacy sales would affect the three licenses that Hy-Vee holds. Only one of Hy-Vee’s licenses (grocery store license) would be affected since the other two (liquor store and gas station) are in other facilities that do not have direct access to a pharmacy. Walgreens at 4200 Winnetka Ave, would also be impacted by this amendment. The other stores that will be greatly impacted by these new regulations is the E-Cig Vape Lounge at 9430 36th Ave N and the New Hope Smoke Shop at 2767 Winnetka Ave N. It is anticipated that any new tobacco regulations would greatly affect their business, as tobacco and nicotine products are their main source of revenue. Staff has sent notices to the tobacco license address listed on file to keep them informed on the status of the ordinance. Since the May 26, 2020, Council Meeting, staff has received multiple phone calls and an in -person visit to City Hall. Cap O’Rourke called on behalf of the E-Cig Vape Shop and expressed that this ordinance amendment would greatly harm his clients business, and that he did not feel the notice given regarding the February CAC meeting met the state’s requirement for a 30 day notice. The owner of the New Hope Smoke Shop stopped by City Hall and stated that the passage of an ordinance banning all flavors except for menthol, mint and wintergreen would greatly affect the revenue of their business. A customer of the E -Cig Vape Lounge called and stated that they did not believe it was fair that they would no longer be able to purchase their particular flavor of vape at that location, because it is what helped them quit smoking. Staff also received a call from a representative of Hy-Vee who was against the partial flavor ban and pharmacy sales ban because they felt people should have the right to choose. Lastly, the owner of the Holiday Station Store talked to staff and explained they think the same ordinance amendment should be passed, and at the least, no stricter regulations should be on the table for the July 27 meeting. He felt that businesses have been spending their time and giving input since the February CAC meeting, and that the city and those businesses that showed up to meetings have come to a good co mpromise. Staff finds all of these proposed changes to be reasonable and to align with many of the changes that other cities in the area have made to their tobacco ordinances. Many of the businesses that staff has been in contact with, and that attended the CAC meeting in February, also seemed to find these changes acceptable. Recommendation Staff recommends that the City Council approves the proposed tobacco use ordinance amendment. Attachments:  Ordinance 20-08, Tobacco Ordinance Amendment  Summary Ordinance  Correspondence with city attorney  Tobacco License Holders List  Letter sent to tobacco license holders  Tobacco PUP Law Handout  Letters of Support ORDINANCE NO. 20-08 AN ORDINANCE AMENDING SECTION 8-7 OF THE NEW HOPE CITY CODE REGULATING SALE OF TOBACCO & RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 8-7, Tobacco and related products is hereby amended to repeal the strikeouts and add the underlined text as follows: (a) Definitions and interpretations. (1) Child-resistant packaging. Packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. (2) Cigar. Any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with or without a tip or mouthpiece, which is not a cigarette as defined in Minn. Stat. §297F.01, subd. 3, as may be amended from time to time. (3) Compliance checks. The system the city uses to investigate and ensure that those authorized to sell licensed products are following and complying with the requirements of this ordinance. Compliance checks involve the use of persons under the age of 21 who purchase or attempt to purchase licensed pro ducts. Compliance checks may also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to licensed products. (4) Electronic delivery devices. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. E lectronic delivery device includes, but is not limited to, devices manufactured, marketed, or sold as e -cigarettes, e- cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. E lectronic delivery device does not include any product that has been approved or certified by the U.S. Food and Drug Administration for sale as a tobacco -cessation product, as a tobacco -dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. (5) Flavored product. Any licensed product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of the product, including, but not limited to, any taste or smell relating to chocolate, cocoa, vanilla, honey, fruit, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express or implied, made or disseminated by the manufacturer of a licensed product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such products, that a product has or produces a taste or smell other than a taste or smell of tobacco will constitute presumptive evidence that the product is a flavored product. (6) Indoor area. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. (7) Licensed products. The term that collectively refers to any tobacco, tobacco -related device, electronic delivery device, or nicotine or lobe lia delivery product. (8) Loosies. The common term used to refer to single cigarettes, cigars, and any other licensed product that have been removed from their original retail packaging and offered for sale. Loosies does not include premium cigars that are hand-constructed, have a wrapper made entirely from whole tobacco leaf, and have a filler and binder made entirely of tobacco, except for adhesives or other materials used to maintain size, texture, or flavor. (9) Moveable place of business. Any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. (10) Nicotine or lobelia delivery product. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not a tobacco or an electronic delivery device as defined in this section. NICOTINE OR LOBELIA DELIVERY PRODUCT does not include any product that has been approved or otherwise certified for legal sale by the U.S. Food and Drug Administration as a tobacco-cessation product, a tobacco -dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. (11) Pharmacy. A place of business at which prescription drugs are prepared, compounded, or dispensed by or under the supervision of a pharmacist and from which related clinical pharmacy services are de livered. (12) Retail establishment. Any place of business where licensed products are available for sale to the general public. The phrase includes but is not limited to grocery stores, tobacco products shops, convenience stores, gasoline service stations, bars, and restaurants. (13) Sale. Any transfer of goods for money, trade, barter or other consideration. (14) Self-service display. The open display of licensed products in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee’s employee. The assistance or intervention shall entail the actual physical exchange of the licensed product between the customer and the licensee or employee. (15) Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking also includes carrying or using an activated electronic delivery device. (16) Tobacco. Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigarettes; cigars; chero ots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco ; and other kinds and forms of tobacco. Tobacco does not include any product that has been approved by the U.S. Food and Drug Administration for sale as a tobacco -cessation product, as a tobacco- dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. (17) Tobacco-related device. Any rolling papers, wraps, pipes, or other device intentionally designed or intended to be used with tobacco products. Tobacco -related device includes components of tobacco -related devices or tobacco products, which ma y be marketed or sold separately. Tobacco-related devices may or may not contain tobacco. (18) Vending machine. Any mechanical, electric or electronic, or other type of device that dispenses licensed products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the licensed product. (ba) License required. (1) License required. No person shall sell or offer to sell any licensed product without first having obtained a license to do so from the city pursuant to this ordinance. (2) Application. An application for a license to sell licensed products must be made on a form provided by the city. The application must contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the City Clerk will forward the application to the City Council for action at its next regularly scheduled meeting. If the City Clerk determines that an application is incomplete, it will be returned to the applicant with notice of the information necessary to make the application complete. directly, by coin machine, or otherwise, keep for retail sale, sell at retail, or otherwise dispose of, any cigarettes, cigarette wrapper, tobacco, or tobacco products at any place in the city unless he shall have obtained a license therefor as provided in section 8-2 of this Code. (3) Action. The City Council may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. If the City Council approves the application, the City Clerk will issue the license to the applicant. If the City Council denies the application, notice of the denial w ill be given to the applicant along with notice of the applicant’s right to appeal the decision. (4) Term. All licenses issued are valid for one calendar year from the date of issue. (5) Revocation or suspension. Any license issued may be suspended or revoked following the procedures set forth in subsection (i). (6) Transfers. All licenses issued are valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location or person is prohibited. (7) Display. All licenses must be posted and displayed at all times in plain view of the general public on the licensed premises. (8) Renewals. The renewal of a license issued under this ordinance will be handled in the same manner as the original application. The request for a renewal must be made at least 30 days, but no more than 60 days, before the expiration o f the current license. (9) Issuance as privilege and not a right. The issuance of a license is a privilege and does not entitle the license holder to an automatic renewal of the license. (10) Minimum clerk age. Individuals employed by a licensed retail establishment under this ordinance must be at least 18 years of age to sell licensed products. (11) Maximum number of licenses. The maximum number of licenses issued by the city at any time is limited to 19. When the maximum number of licenses has been issued, the city may place persons seeking licensure on a waiting list and allow them to apply on a first-come, first-served basis, as licenses are not renewed or are revoked. A new applicant who has purchased a business location holding a valid city license will be entitled to first priority, provided the new applicant meets all other application requirements in accordance with this ordinance. (12) Pharmacies ineligible for licensure. No existing license will be eligible for renewal to any pharmacy, including any retail establishment that operates or contains an on-site pharmacy, and no pharmacy or any retail establishment that operates an on-site pharmacy will be granted a new license. (13) Smoking prohibited. Smoking, including smoking for the purpose of the sampling of licensed products, is prohibited within the indoor area of any retail establishment licensed under this ordinance. (14) Samples prohibited. No person shall distribute samples of any licensed product free of charge or at a nominal cost. (c) License fee. No license will be issued under this ordinance until the appropriate license fees are paid in full. The annual fee for such tobacco license shall be as set forth in the city's fee schedule and may be amended from time to time. (d) Basis for denial of license. (1) Grounds for denying the issuance or renewal of a license include, but are not limited to, the following: a. The applicant is under 21 years of age. b. The applicant has been convicted w ithin the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to licensed products. c. The applicant has had a license to sell licensed products suspended or revoked within the preceding 12 months of the date of application. d. The applicant fails to provide any of the informatio n required on the licensing application, or provides false or misleading information. e. The retail establish ment for which the license is requested is a moveable place of business. Only fixed-location businesses are eligible to be licensed. f. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. (2) Except as may otherwise be provided by law, the existence of any particular g round for denial does not compel the city to deny the license. (3) If a license is mistakenly issued or renewed to a person, it will be revoked upon the discovery that the person was ineligible for the license under this ordinance. The city will provide the license holder with notice of the revocation, along with information on the right to appeal. (eb) Prohibited ActsRestrictions. (1) In general. No person shall sell or offer to sell any licensed product: a. By means of any type of vending machine. b. By means of loosies as defined. c. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as pa rt of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other products subject to this ordinance. d. By any other means, to any other person, or in any other manner or form prohibited by federal, state, or other local law, ordinance provision, or other regulation. (2) Legal age. No person shall sell any licensed product to any person under the age of 21. a. Age verification. Licensees must verify by means of government -issued photographic identification that the purchaser is at least 21 years of age. Verification is not required for a person over the age of 30. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection. b. Signage. Notice of the legal sales age and age verification requirement must be posted prominently and in plain view at all times at each location where licensed products are offered for sale. The requ ired signage, which will be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase. (1) Minors. No person shall sell, give away, or otherwise furnish any cigarette, cigarette paper, tobacco, or tobacco product to any person under the age of 18 years. (2) Narcotic drugs. No person shall keep for sale, sell, or dispose of any cigarette, or ot her tobacco product containing opium, morphine, jimson weed, belladonna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug, except nicotine. (3) Vending machine. No person shall sell or dispense any tobacco product through the use of a vending machine unless the vending machine is in a nonpublic area with no minor access as verified by a premises survey conducted by the police department. (34) Self-service merchandising. No person shall allow the sale of licensed products offer for sale or dispense any tobacco product by means of self-service displaymerchandising. All licensed products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public . Any retailer selling licensed products at the time this ordinance is adopted must comply with this section within 90 days of the effective date of this ordinance.This section shall not apply to retail stores which derive at least 90 percent of their revenue from tobacco and tobacco-related products and which cannot be entered at any time by persons younger than 18 years of age. Prior to offering for sale any tobacco product by self-service merchandising, a licensee must file with the city clerk a statement from a certified public accountant that shows both total gross sales and total sales from tobacco or related products. Said statement must also be filed with the city clerk yearly on or before the renewal date of the license. (4) Flavored products. No person shall sell or offer for sale any flavored products. This prohibition does not apply to the sale of flavored products that contain a taste or s mell of menthol, mint or wintergreen, distinguishable by an ordinary consumer either prio r to or during the consumption o f the product. (5) Liquid Packaging. No person shall sell or offer to sell any liquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery service, in packaging that is not child-resistant. Upon request by the city, a licensee must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used. (f) (5) ResponsibilityEmployee violations. Every licensee shall be responsible for the conduct of its employees in while on the licensed premises and regard to the any sale, offer to sell, and furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing of any licensed product or other disposition of tobacco products by an employee to a person under 18 years of age shall be considered an act of the licensee for purposes of imposing an administrative fine, license suspension or revocation. Nothing in this section shall be construed as prohibiting the city from also subjecting the employee to any civil penalties that t he city deems to be appropriate under this ordinance, state or federal law, or other applicable law or regulation. (6) Federal regulations. The Code of Federal Regulations, title 21, part 897.16(c) is incorporated by reference into this Code. Notwithstanding these regulations, all sales of tobacco products by vending machines and self-service merchandising must be in compliance with subsections (c) and (d) herein if said New Hope Code sections are inconsistent with the federal regulations. (c) License fee . The annual fee for such tobacco license shall be as set forth in the city's fee schedule. (d) Display of license. Every such license shall be openly displayed in the place of business for which it is issued. (ge) Compliance monitoring. The police department shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco products licensed products are sold within the city. All licensed premises must be open to inspection by law enforcement officials during regular business hours. In accordance with state law, the city will conduct at least one compliance check that involves the participation of one person between the ages of 17 and 20 to enter licensed premises to attempt to purchase licensed products. Prior written consent is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enfo rcement or other designated personnel. Licensees and applicants shall be informed of this policy at the time of license application and renewal. Violators of these regulations will be subject to more frequent compliance monitoring than non-violating licensees. The police department shall make an annual report to the city council on the compliance checks conducted pursuant to this section. (h) Other prohibited acts. (1) Prohibited furnishing or procurement. It is a violation of this ordinance for any person 21 years of age or older to purchase or otherwise obtain any licensed product on behalf of a person under the age of 21. It is also a violation for any person 21 years of age and older to coerce or attempt to coerce a person under the age of 21 to illegally p urchase or attempt to purchase any licensed product. (2) Use of false identification. It is a violation of this ordinance for any person to use any form of false identification, whether the identification is that of another person or has been modified or tampered with to represent an age older than the actual age of the person using that identification. (i) Exceptions and defenses. (1) Religious, spiritual, or cultural ceremonies or practices. Nothing in this ordinance prevents the provision of tobacco or tobacco -related devices to any person as part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. (2) Reasonable reliance. It is an affirmative defe nse to a violation of this ordinance for a person to have reasonably relied on proof of age as described by state law. (jf) Violations and penalties. In addition to being guilty of a misdemeanor, any person violating subsection (b) of this section shall be subject to the following penalties: (1) (1) Violations a. Notice. A person violating this ordinance may be issued, either personally or by mail, a citation from the city that sets forth the alleged violation and that informs the alleged violator of his or her right to a hearing on the matter and how and where a hearing may be requested, including a contact address and phone number b. Hearings. 1. Upon issuance of a citation, a person accused of violating this ordinance may request in writing a hearing on the matter. Hearing requests must be made within 10 business days of the issuance of the citation and delivered to the City Clerk or other designated city officer. Failure to properly request a hearing within 10 business days of the issuance of the citation will terminate the person’s right to a hearing. 2. The City Clerk or other designated city officer will set the time and place for the hearing. Written no tice of the hearing time and place will be mailed or delivered to the accused violator at least 10 business days prior to the hearing. c. Hearing officer. The City Council will designate a hearing officer. The hearing officer will be an impartial employee of the city or an impartial person retained by the city to conduct the hearing. d. Decision. A decision will be issued by the hearing officer within 10 business days of the hearing. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the city and the accused violator by in-person delivery or mail as soon as practicable. If the hearing officer finds that no violation occurred or finds grou nds for not imposing any penalty, those findings will be recorded and a copy will be provided to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the hearing officer is final, subject to an appeal as described in subsection (i)(1)(f) of this section. e. Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing up to a maximum of $1,000 must be paid by the person requesting the hearing. f. Appeals. Appeals of any decision made by the hearing officer must be filed in Hennepin County district court within 10 business days of the date of the decision. g. Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. h. Revocation. The city council has the authority to revoke any license as set out in section 8-2 of this Code notwithstanding the provisions of this section regarding violations. (2) Administrative civil penalties.: a. individuals. Any person who sells any tobacco product to a person under the age of 18 years is subject to an administrative penalty; and any person under the age of 18 years who attempts to purchase a tobacco product is subject to an administrative penalty. The city council may impose administrative penalties as follows: a. First violation. The city council shall impose a civil fine of at least $50.00 but not to exceed $500.00. b. Second violation. The city council shall impose a civil fine of at least $75.00 but not to exceed $750.00 for a second violation within 24 months of the initial violation. c. Third violation. The city council shall impose a civil fine of at least $100.00 but not to exceed $1,000.00 for a third violation within 24 months of the initial violation. d. Hearing required. No civil penalty shall take effect until the individual has received notice served personally or by mail, of the alleged violation and is given an opportunity for a hearing before a person authorized by the city co uncil to conduct the hearing. A decision that a violation has occurred and a civil penalty is warranted must be in writing. In the event the individual is found to have violated the regulations of this Code, the cost of any hearing, including the hearing examiner's fees and the city's reasonable attorney's fees, shall be assessed against the individual in addition to the civil penalty. a. (2) Administrative civil penalties: Llicensees. If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, violated this ordinance, the licensee shall be subject to the administrative sanctions described in the following matrix. In all cases the council shall select which days a suspension will be served. Other mandatory requirements may be imposed on the licensee, including, but not limited to, meetings with the police department to present a plan of action to assure that problems will not continue, mandatory education sessions involving all employees and employers with the police department or other actions that the city council deems appropriate. On a first and second violation, the licensee may elect training in proper identification procedures in lieu of the license suspension. The license suspension and training requirements shall be governed by and are subject to the conditions set out in subsection (if)(2)a.b. of this section. Fine and License Suspension 1st Violation 2nd Violation (within 24 months of prior violation) 3rd Violation (within 24 months of two prior violations) 4th Violation (within 24 months of three prior violations) $300250.00 plus 3 days suspension $750.00 plus 15 days suspension $1,500.00 plus 30 days suspension Revocation a. Hearing required. No civil penalty shall take effect until the licensee has received notice, served personally or by regular mail, of the alleged violation and is given an opportunity for a hearing before a person authorized by the city council to conduct the hear ing. A decision that a violation has occurred and a civil penalty is warranted must be in writing. In the event the licensee is found to have violated the regulations of this Code, the cost of any hearing, including the hearing examiner's fees and the city's reasonable attorney's fees, shall be assessed against the licensee in addition to the civil penalty. 1. b. Training in lieu of suspension. After the first and second violation within a 24- month period, a licensee may request training from the New Hope Police Department in proper identification procedures. Said training shall be at the expense of the licensee, shall be in lieu of the entire t hree-day license suspension for a first violation and ten of the 15-day license suspension for the second violation required by subsection (if)(2)a. of this section, and shall be conducted per the following conditions: i. 1. Training for all employees of a licensee must be completed within two training sessions at the discretion of the New Hope Police Department. ii. 2. If more than one licensee is requesting the training, the New Hope Police Department retains control in deciding how many training sessions are necessary to accommodate the number of employees taking the training. iii. 3. It shall be the responsibility of the licensee to make certain that all employees successfully complete the required training. Failure to do so means the licensee has failed to meet the "training in lieu of suspension" requirement of the administrative penalty and will be subject to the entire license suspension. iv. 4. The licensee shall pay for all of the following costs for the training: supplies and materials, any facility costs, the personnel expenses for the trainer, all administrative costs of the training and any other costs staff deems necessary to conduct the training. Payment for the training must be made to the city clerk prior to the commencement of the training. Failure to make the payment will result in the cancellation of the training and the immediate imposition of the appropriate license suspension. (3) Other individuals. Individuals, other than persons under the age of 21 regulated by subsection (i)(3) of this section, who are found to be in violation of this ordinance will be subject to an administrative penalty of $50.00. (4) Persons under the age of 21. Persons under the age of 21 who use a false identification to purchase or attempt to purchase licensed products may only be subject to non-criminal, non- monetary civil penalties such as tobacco -related education classes, diversion programs, community services, or another penalty that the city determines to be appropriate. The City Council will consult with court personnel, educators, parents, children and other interested parties to determine an appropriate penalty for persons under the age of 21 in the city. The penalty may be established by ordinance and amended from time to time. (5) Misdemeanor prosecution. Nothing in this section prohibits the city from seeking prosecution as a misdemeanor for any alleged violation of this ordinance by a person 21 years of age or older. (k) Severability. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. (l) Effective date. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. (3) Defense. It is a defense to the charge of selling tobacco to a person under the age of 18 years that the licensee or individual, in making the sale reasonably and in good faith relied upon representation of proof of age described in Minn. Stat. § 340A.503, subd. 6, par. (a). (4) Exemption. Only persons ages 16 or 17 years old may be enlisted to assist in the tests of compliance provided that written consent from the person's parent or guardian has been obtained and that the person shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensing department or in conjunction with an in-house program that has been preapproved by the police department. A person who purchases or attempts to purchase tobacco-related products while in this capacity is exempt from the penalties imposed by this section. (5) Revocation. The city council has the authority to revoke any license as set out in section 8-2 of this Code notwithstanding the provisions of this section regarding violations. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this 27th 26th day of JulyMay, 2020. ATTEST Kathi Hemken, Mayor _____________________________________ Valerie Leone, City Clerk P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-82008 Tobacco Ordinance\Ordinance No. 20-08 - Tobacco Ordinance Amendment.docx 1 SUMMARY OF ORDINANCE NO. 20-08 AN ORDINANCE AMENDING SECTION 8-7 OF THE NEW HOPE CITY CODE REGULATING SALE OF TOBACCO & RELATED PRODUCTS Ordinance No. 20-08 amends Section 8-7 of the New Hope City Code to : (1) add electronic delivery devices to the regulations; (2) impose a maximum number of licenses of 19; (3) prohibit pharmacies from selling tobacco products; (4) prohibit sales to persons under age of 21; and (5) prohibit all flavored tobacco products except for menthol, mint and wintergreen, among other revisions. The full version of Ordinance No. 20-08 is posted at www.newhopemn.gov and is available for inspection at the City Clerk’s office, 4401 Xylon Avenue North, New Hope, Minnesota. The above Ordinance was adopted by the New Hope City Council on July 27, 2020, and shall become effective upon publication. Valerie Leone City Clerk (published in the New Hope – Golden Valley Sun Post on June 4, 2020) Writer’s Direct Dial No.: (763) 201-0265 e-mail saw@jspwlaw.com May 11, 2020 Kirk McDonald City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Via E-mail Re: Code §8-7 Ordinance 20-08 Our File No.: 99.82008 Dear Kirk: This letter is regarding the Draft Ordinance 20-08 which amends the City’s existing Tobacco sales provisions . The proposed draft is by Mitchell Hamline Public Health Law Center but has been reviewed and revised by myself and Brandon Bell. The purpose of this proposed Ordinance is to modernize the tobacco provisions in the City Code to reflect the change in the federal law increasing the age for legal sale of tobacco products to 21. On December 20, 2019, the President signed legislation amending the Federal Food, Drug, and Cosmetic Act, and raising the federal minimum age for sale of tobacco products from 18 to 21 years. This federal legislation (known as “Tobacco 21” or “T21”) is effective immediately, and it is now illegal for a retailer to sell any tobacco product —including cigarettes, cigars, and e-cigarettes—to anyone under 21. The new federal minimum age of sale applies to all retail establishments and persons with no exceptions. Other notable provisions of the proposed Ordinance include:  A definition for “Electronic delivery device” has been added to include e- cigarettes.  The definition of “Tobacco” has been revised to include any product containing tobacco.  The minimum age of a clerk who is allowed to sell tobacco products has been increased to 18.  Setting a cap on number of licenses that can be issued (understand this is Page 2 something the Council will be discussing)  Prohibiting sale of tobacco products at pharmacies (again, this is something the Council will be discussing)  Prohibiting the sale of most of the flavored tobacco products that tend to appeal to young people, with the exception of some flavors such as menthol, mint and wintergreen.  Removing the Purchase, Use and Possession (“PUP”) language, provisions and penalties. The rationale is that youth purchase, use or possession laws are not an effective approach to reducing youth tobacco use and inappropriately shift he blame for underage tobacco use form the tobacco industry and retailers, to young people. PUP laws also present enforcement challenges. See the attached handout from the Campaign for Tobacco -Free Kids, September 20, 2018, which takes this position.  The proposed Ordinance keeps the provision that use of false identification is still a prohibited act but that the penalty would be a non-criminal, non-monetary civil penalty such as tobacco -related education classes, diversion programs, community services, or another penalty that the city determines to be appropriate. The feedback from Chief Fournier would be helpfu l on this provision.  Providing that compliance monitoring may be done either once or twice a year. This is something regarding which we need Chief Fournier’s opinion. Current state law requires compliance checks at least once a year using minors over the age of 15 but under the age of 18. The police could have the option to perform a second compliance check using a person between the age of 18 and 20, which is not yet required by State law. Please call me if you have any questions. Sincerely, /s/ Stacy A. Woods, Assistant City Attorney, City of New Hope Attachment cc: Steven A. Sondrall, City Attorney Chief Tim Fournier P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-82008 Tobacco Ordinance\Letter to Kirk McDonald re tobacco ordinance - 5-11- 20.docx Report Name: Business SearchPrinted: 10/22/2019Page: 1Business SearchCity of New HopeAddressComplexLicense #IDCouncilLicense TypeCompanyStatusIssuedExpiresDBATapda EnterprisesTobacco Products12/10/2018000124019400 49th Ave N New Hope Fuel & Wash149A 12/11/2018 12/31/2019New Hope Fuel & Wash (Shell)Walgreen CompanyTobacco Products12/10/2018000124154200 Winnetka Ave N Walgreens #05882154A 12/11/2018 12/31/2019Walgreens #05882Jade IncTobacco Products12/10/2018000124027900 Bass Lake Rd Winnetka Shell177A 12/11/2018 12/31/2019Winnetka ShellNorthern Tier Retail LLCTobacco Products12/10/2018000124036144 West Broadway Speedway #4375191A 12/11/2018 12/31/2019Speedway #4375Brooklyn Center Service, Inc.Tobacco Products12/10/2018000124049400 36th Ave N Brooklyn Center Service217A 12/11/2018 12/31/2019Brooklyn Center Service (SuperAmerica)Nedda TobaccoTobacco Products12/10/2018000124052767 Winnetka Ave N New Hope Smoke Shop823A 12/11/2018 12/31/2019New Hope Smoke ShopAMRIT LLCTobacco Products12/10/2018000123817910 Bass Lake Rd New Hope Liquor1275A 12/11/2018 12/31/2019New Hope LiquorJBK EnterprisesTobacco Products12/10/2018000124077800 27th Ave N New Hope BP1847A 12/11/2018 12/31/2019Big B's BPBCD HOLDINGS LLCTobacco Products12/10/2018000124107180 42nd Ave N Holiday Stationstore #35861895A 12/11/2018 12/31/2019Holiday Stationstore #3586Holiday Stationstores, LLCTobacco Products12/10/2018000124189456 27th Ave N Holiday Stationstores, Inc.1962A 12/11/2018 12/31/2019Holiday StationstoreLMQ Holdings LLCTobacco Products12/10/2018000124127141 42nd Ave N Viking Liquor Wine & Tobacco1966A 12/11/2018 12/31/2019Viking Liquor Wine & TobaccoM & M Grocery CorporationTobacco Products12/10/2018000124227914 Bass Lake Rd LaPicante Market & Meat2068A 12/11/2018 12/31/2019LaPicante Market & MeatFamily Dollar IncTobacco Products12/10/2018000124232733 Winnetka Ave N Family Dollar #276762130A 12/11/2018 12/31/2019Family Dollar # 27676 / 29306Family Dollar IncTobacco Products12/10/2018000124288001 Bass Lake Rd Family Dollar #293062130A 12/11/2018 12/31/2019Family Dollar # 27676 / 29306E-CIG VAPE LOUNGE LLPTobacco Products12/10/2018000124279430 36th Ave N E-Cig Vape Lounge2206A 12/11/2018 12/31/2019E-Cig Vape LoungeHy-Vee, Inc.Tobacco Products12/10/2018000124358300 42nd Ave N Hy-Vee Gas2391A 12/11/2018 12/31/2019Hy-VeeHy-Vee, Inc.Tobacco Products12/10/2018000124368202 42nd Ave N Hy-Vee Wine & Spirits2391A 12/11/2018 12/31/2019Hy-VeeHy-Vee, Inc.Tobacco Products12/10/2018000124378200 42nd Ave N Hy-Vee Grocery2391A 12/11/2018 12/31/2019Hy-VeeNew Hope Pump & MunchTobacco Products12/10/2018000124563535 Winnetka Ave N New Hope Pump & Munch2487A 12/11/2018 12/31/2019New Hope Pump & Munch7201 Bass Lake INCTobacco Products12/10/2018000127477201 Bass Lake Rd Now Mart2582A 12/11/2018 12/31/2019Now MartGNS Enterprise, LLCTobacco Products04/08/2019000127693544 Winnetka Ave N Winnetka Liquor2596A 04/11/2019 12/31/2019Winnetka Liquor June 16, 2020 To Whom It May Concern, THIS NOTICE IS PROVIDED PURSUANT TO MINN.STAT. §461.19 REGARDING NEW HOPE CITY COUNCIL’S INTENTION TO CONSIDER ADOPTION OR SUBSTANTIAL AMENDMENT OF NEW HOPE CITY CODE SECTION 8-7 TOBACCO AND RELATED PRODUCTS. If you had previously received a notice for a July 2, 2020 date for implementation of new tobacco ordinance regulations, please disregard that notice. This matter is being resubmitted to Council at the July 27, 2020, City Council Meeting. A copy of the proposed ordinance amendment has been attached to this letter. The changes in the proposed ordinance amendment include: 1. Many definitions have either been revised or added to provide or more modern verbiage. 2. Mirroring the newest federal regulations including raising the legal age required for customers to be to sell to them, 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. Raising the age of those legally allowed to sell tobacco products as a clerk at a licensed retailer to 18. 4. Banning the sales of all flavored tobacco and related 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. Facilities with on-site pharmacies will no longer eligible to sell tobacco products. Those that have tobacco licenses in the city would be able to maintain their license throughout the year, but will not be eligible for renewal. 7. A cap would be placed on the number of tobacco licenses in the city at 19 licenses. This number reflects the current amount of licenses, minus the two licenses that would not be eligible for renewal at the end of the year. 8. The new age group for people conducting compliance checks has been moved from 15-17 years old to 17-20 years old. This change reflects new changes to state regulations. 9. The fine for first time violations for tobacco license holders has been increased from $250 to $300. This reflects changes to new state regulations. The July 27 Council meeting may be a virtual meeting; if you wish to address the City Council it will be necessary for you to call into the meeting. Please contact the City Clerk, Valerie Leone, prior to the meeting for instructions. The City Clerk can be reached at 763-531-5117 or vleone@newhopemn.gov. Questions regarding the proposed ordinance may be directed to my attention. Sincerely, Brandon Bell Community Development Assistant 763-531-5114 bbell@newhopemn.gov CC: Kirk McDonald, City Manager Jeff Sargent, Director of Community Development Valerie Leone, City Clerk CITY OF NEW HOPE 4401 Xylon Avenue North  New Hope, Minnesota 55428-4898  www.ci.new-hope.mn.us City Hall: 763-531-5100  Police (non-emergency): 763-531-5170  Public Works: 763-592-6777 City Hall Fax: 763-531-5136  Police Fax: 763-531-5174  Public Works Fax: 763-592-6776 An equal opportunity employer. P rotecting, Maintaining and Improving the Health of All Minnesotans May 21, 2020 Kathi Hemken City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Mayor Hemken and Council Members: As Commissioner of Health, I strongly support all the proposed restrictions, in particular limitations to the sale of flavored tobacco as well as increasing the minimum tobacco sales age to 21 to align with state and federal laws. The proposals will have a powerful deterrent effect on youth initiation, will reduce youth tobacco use, and protect youth from a lifetime of addiction. I am very concerned about the dramatic increases in youth use of e-cigarettes, cigars, and other tobacco products. According to the 2019 Minnesota Student Survey, students are using e-cigarettes at a rate five times that of conventional cigarettes. 8th grade e-cigarette use nearly doubled from 2016 to 2019, and one in four 11th graders now use e-cigarettes. The vast majority of youth enter into tobacco and nicotine use with a flavored tobacco product. With thousands of flavored e-cigarette and tobacco products on the market in stores where young people shop, we are deeply concerned about the role that flavors play in contributing to teen addiction. Flavoring that masks the harsh taste of tobacco, combined with calculated marketing strategies have served to target, attract and addict far too many young people in Minnesota. Young smokers report choosing flavored tobacco products because they taste better and are perceived to be safer. This is quite alarming as nearly all e-cigarettes contain nicotine, which we know is highly addictive. Research shows youth who use e-cigarettes are four times more likely to start smoking combustible cigarettes. In September 2018, the Minnesota Department of Health issued a health advisory on nicotine and the escalating risk of addiction for youth. No amount is safe for youth as there are negative implications for learning, memory, attention, and future addiction. Teens are especially susceptible to nicotine addiction and the harmful effects it has on the brain as they grow. Raising the minimum tobacco sales age to 21 would limit youth access to tobacco until the portion of the brain responsible for rational decision-making is more fully developed. I applaud New Hope for considering this bold action to protect youth from a lifetime of addiction. For more information, contact Laura Oliven, Tobacco Prevention Control Program Manager, at 651-201-5442. Sincerely, Jan K. Malcolm Commissioner P.O. Box 64975 St. Paul, MN 55164-0975 www.health.state.mn.us American Heart Association I 2750 Blue Water Road I Suite 250 I Eagan I Minnesota I 55121 May 26, 2020 Dear Mayor Hemken and members of the New Hope City Council: I am writing on behalf of the American Heart Association to express our support and thank the city of New Hope for raising the minimum sales age for tobacco products from 18 to 21, prohibiting the sale of all flavored tobacco products, and capping the amount of licenses the city has. I do ask that you not forget about mint, menthol and wintergreen, and urge you to include them in the flavor prohibition Flavored cigarettes including mint, wintergreen and menthol are peddled to our nation’s youth with the intent of addicting a new generation, luring them into a deadly habit and sets them on the road to early hardening of the arteries and coronary artery disease in adulthood. We need to continue to do everything we can to protect the health of our young people. By prohibiting the sale of all flavored tobacco products including mint, evergreen and menthol, will help decrease the appeal and access to youth from purchasing these deadly products. New Hope has the opportunity to and pass lifesaving policies and prevent another generation from becoming lifelong tobacco users. Thank you for your leadership. Sincerely, Jess Nolan Community Advocacy Director Jess.Nolan@heart.org I:\RFA\COMM DEV\2020\City Council\07-27-20 4215 Louisiana Ave N Rezoning\Q - PC 20-07 4215 Louisiana Ave N Rezoning 07-27-20.docx Request for Action July 27, 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 Ordinance No. 20-10, an ordinance amending the New Hope zoning map established by New Hope code section 4-4(b) by rezoning 4215 Louisiana Avenue North from CB, Community Business District to R-1, Single-family Residential District (New Hope Planning Case 20-07) Requested Action Staff requests that the City Council approve an ordinance amending the city’s zoning map by rezoning 4215 Louisiana Avenue North from CB, Community Business to R -1, Single-family Residential. Policy/Past Practice The City Council has approved the rezoning of properties in the past to accommodate the changing needs of the community. Background The city of New Hope Economic Development Authority (EDA) purchased the vacant and distressed property at 4215 Louisiana Avenue North in February of 2020. The building was constructed in 1961 as a single -family home and was later converted into office space. It is zoned CB, Community Business, which currently prevents it from being used for residential purposes. The EDA directed staff to demolish the existing structure in order to facilitate redevelopment of the property as a singl e-family home. In order to allow for the construction of a single-family home, the parcel must be rezoned to a residential district. The subject property abuts single - family homes and zoning districts to the north and east. It abuts commercial zoned proper ties to the south and west. City staff is requesting that the property be rezoned from CB, Community Business, to R -1, Single- family Residential in order to allow for the construction of a new single -family home. If approved, a Request For Proposals (RFP) will be sent to builders on July 28, 2020. Recommendation The Planning Commission considered the request to rezone the property at 4215 Louisiana Avenue North from CB, Community Business to R-1, Single-family Residential and recommended approval with a 9-0 vote. Attachments  Ordinance 20-10  Planning Commission minutes (July 7, 2020) Please refer to the report included with the July 7, 2020, Planning Commission packet for additional information. Agenda Section Ordinances & Resolutions Item Number 10.2 ORDINANCE NO. 20-10 AN ORDINANCE AMENDING THE NEW HOPE ZONING MAP ESTABLISHED BY NEW HOPE CODE SECTION 4-4(b) BY REZONING 4215 LOUISIANA AVENUE NORTH FROM CB, COMMUNITY BUSINESS DISTRICT TO R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-4(b) “Zoning map” of the New Hope City Code is hereby amended by rezoning or changing the zoning district designation of the following described property from CB “Community Business District” under Section 4-16 of the New Hope City Code to R-1, “Single-Family Residential District” under Section 4-5 of the New Hope City Code: Street Address PID Number 4215 Louisiana Ave. N. 17-118-21-21-0034 New Hope, MN Legal Description: See attached Exhibit “A” Section 2. The Property is rezoned to R-1, Single-Family Residential District and the allowed uses shall be as set forth in R-1, Single-Family Residential, set out in Section 4-5 of this Code. Section 3. Effective Date. This zoning map amendment shall become effective and be formally imposed on the New Hope Zoning Map upon adoption and publication of this ordinance. APPROVED by the New Hope City Council this 27th day of July, 2020. ________________________________ Kathi Hemken, Mayor ATTEST: ___________________________________ Valerie Leone, City Clerk 2 Exhibit A Legal Description The North 80 feet of that part of the East 163 feet of Lot 34 lying South of a line drawn parallel to and 280 feet North of the South line of the Northeast Quarter of the Northwest Quarter of Section 17, Township 118, Range 21, “Auditor’s Subdivision Number 324, Hennepin County, Minnesota” according to the recorded plat thereof (Published in the New Hope-Golden Valley Sun-Post the ______ day of ________________, 2020) CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES July 7, 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 Clark 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; Kathi Hemken, Mayor; Jessi Weber, Recording Secretary NEW BUSINESS The Planning Commission revisited commissioner appointments. Commissioner Hanson was appointed Vice Chair and Commissioner Mannix was appointed Third Officer. PUBLIC HEARING Planning Case 20-07 Item 4.1 Chair Clark introduced Item 4.1, Planning Case 20-07, Rezoning of scattered site housing property to allow for construction of new single- family home, 4215 Louisiana Avenue North, New Hope Economic Development Authority, petitioner. Mr. Jeff Alger, Community Development Specialist, gave background information on the case. The city of New Hope Economic Development Authority (EDA) purchased the vacant and distressed property in February of 2020. The building was constructed in 1961 as a single- family home and was later converted into office space. The property is zoned CB, Community Business. The building was demolished and must be rezoned to a residential district to facilitate redevelopment of the property as a single-family home. Alger then reviewed the zoning analysis for the property. The rezoning of the property aligns with the 2040 Comprehensive Plan. The parcel is 10,640 square feet in area and 80 feet wide, meeting minimum lot size requirements for the R-1 Single-family Residential district. Business or industrial use abutting a residential property would require the business or industry to provide screening along the boundary of the residential property. Because the subject property is currently zoned for commercial use, the neighboring commercial properties will not be required to retroactively install screening. The request for proposal (RFP) will require the developer to install screening fence along the south property line and coniferous trees near the southwest corner of 2 Planning Commission Meeting July 7, 2020 the lot. The driveway and curb cut included a large paved area that was located on the south side of the lot that extended onto Cook Automotive’s property, at 7100 42nd Avenue North. The area will be restored, with hydroseed already being installed. The existing curb cut previously served both properties. The RFP will require installation of a curb and curb cut that meets requirements of the City Code. Alger concluded that proper legal notice and mailing notice were given. Staff did not receive any feedback on the request. When Chair Clark questioned whether any of the Commissioners had any questions for staff, Commissioner Schmidt asked if the asphalt on Cook Automotive’s property would be removed. Mr. Alger showed pictures from the presentation that showed the asphalt and light pole were already removed. The disturbed areas were hydroseeded. Commissioner Brinkman asked if the city would plant coniferous trees on the lot before selling to a developer. Mr. Alger stated trees are included with the landscaping requirements of the RFP and are typically planted after construction is completed. If trees were planted before construction, they may not receive the required care and watering and may be damaged during construction. 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 Mannix, to close the Public Hearing. All present voted in favor. Motion carried. Motion Item 4.1 Motion by Commissioner Landy, seconded by Commissioner Brinkman, to approve Planning Case 20-07, Rezoning of scattered site housing property to allow for construction of new single-family home, 4215 Louisiana Avenue North, New Hope Economic Development Authority, petitioner. 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 July 27, 2020 City Council meeting. PUBLIC HEARING Planning Case 20-08 Item 4.2 Chair Clark introduced Item 4.2, Planning Case 20-08, Conditional Use Permit (CUP), to locate a church within the multi-tenant building located at 9220 Bass Lake Road, Calvary Chapel, petitioner. I:\RFA\City Manager\2020\12.1 Q - Upcoming Events.docx Request for Action July 27, 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: Aug. 1 9 a.m. to 1 p.m. – New Hope Community Farmers Market Aug. 3 2 p.m. to 7 p.m. – West Metro Fire Rescue District Community Blood Drive, Stations #2 and #3 4 p.m. – Blue Line Coalition Meeting (virtual) 7 p.m. – Human Rights Commission Meeting (virtual) Aug. 5 1:30 p.m. - Joint Water Commission Meeting (virtual) No August Planning Commission Meeting Aug. 8 9 a.m. to 1 p.m. – New Hope Community Farmers Market Aug. 10 7 p.m. – City Council Meeting Agenda Section Other Business Item Number 12.1