022723 City Council Meeting Packet
NEW HOPE CITY COUNCIL
MEETING AGENDA
February 27, 2023
7:00 p.m.
City Hall – Council Chambers
4401 Xylon Avenue North
Mayor Kathi Hemken
Council Member John Elder
Council Member Andy Hoffe
Council Member Michael Isenberg
Council Member Jonathan London
The City Council wants and encourages citizen participation at Council Meetings. Your input and
opinions count and are valuable. You are encouraged to bring forth your comments and issues at
the appropriate point on the agenda.
A 15‐minute maximum Open Forum is held at the beginning of each Council Meeting. At this time
any person may address the Council on any subject pertaining to City business not listed on this
agenda or scheduled as a future agenda item. The Council requests that you limit your presentation
to 3 minutes. Anyone wishing to address the City Council on a particular item should raise their
hand and be recognized by the Mayor. Approach the podium and speak into the microphone by
first stating your name and address. Also, please record your name on the roster at the table near
the door so that your name will be spelled correctly in the minutes.
Individuals should not expect the Mayor or Council to respond to their comments tonight; Council
may refer the matter to staff for handling or for consideration at a future meeting. You are welcome
to contact the city clerk at 763‐531‐5117 after the council meeting.
COUNCIL MEETING BROADCASTS AND STREAMING
Government Access channel 16 programming includes live/taped meeting replays
Live on‐line meetings and past meetings on‐demand are available through www.nwsccc.org.
www.newhopemn.gov
New Hope Values and Vision
City Mission
Strong local government that is proactive in responding to the community needs and issues by delivering quality
public service to all city residents, businesses, property owners, and organizations in a prudent and e cient manner.
Values
Excellence and Quality in the Delivery of Services
We believe that service to the public is our reason for being and strive to deliver quality services in a
highly professional and cost-e ective manner.
Fiscal Responsibility
We believe that fi scal responsibility and the prudent stewardship of public funds and city assets is essential if
residents are to have confi dence in government.
Ethics, Integrity and Professionalism
We believe that ethics, integrity, and professionalism are the foundation blocks of public trust and confi dence and
that all meaningful relationships are built on these values.
Respect for the Individual
We believe in the uniqueness of every individual, and welcome, appreciate, and respect diversity and the di ering
of opinions.
Open, Honest, and Respectful Communication
We believe that open, honest, and respectful communication is essential for an informed and involved citizenry
and to foster a positive environment for those interacting with our city.
Cooperation and Teamwork
We believe that the public is best served when all work cooperatively.
Visionary Leadership and Planning
We believe that the very essence of leadership is to be responsive to current goals and needs, and visionary in
planning for the future.
Vision
e city is a great place to grow as a family, individual, or business.
All within our city are safe and secure.
Essential services will be those that promote a safe and healthy environment for all residents.
Essential services and programs will be enhanced and streamlined, and will be provided in an economical manner
and with measurable results.
e city views residents as its greatest asset and seeks their input and participation.
e city will meet the communication needs of citizens, elected o cials, and city sta .
Strategic Goals
e city will maintain and improve its infrastructure (water distribution, storm water, sewer, roads, parks,
lighting, and city facilities).
e city will use frugal spending and resourceful fi nancial management to maintain its fi scal health.
e city will encourage maintenance, redevelopment, and reinvestment of existing properties to improve
or enhance its tax base.
e city will provide core services with a professional sta who are equipped with the necessary tools and
equipment and given necessary direction.
e city will facilitate and improve communications to promote e ective intergovernmental cooperation
between sta , citizens, and Council.
Adopted by the New Hope City Council, August 2006
Reaffirmed by the New Hope City Council, February 2022
CITY COUNCIL MEETING
City Hall, 4401 Xylon Avenue North
February 27, 2023
7:00 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – February 27, 2023
2. ROLL CALL
3. APPROVAL OF MINUTES:
• Regular Meeting Minutes – February 13, 2023
4. OPEN FORUM
5. PRESENTATIONS
6. CONSENT BUSINESS
6.1 Approval of business licenses
6.2 Approval of financial claims through February 27, 2023
6.4 Resolution approving a contract with Allied Blacktop Company for 2023 street sweeping
services
6.5 Resolution approving a contract with Warning Lites of Minnesota, Inc. for New Hope’s
2023 street paint striping/marking services
6.6 Resolution of concurrence for the proposed Shingle Creek Watershed Management
Commission legal boundary change
7. PUBLIC HEARING
7.1 Motion approving an on-sale liquor license to El Loro of New Hope Inc. dba El Loro
Mexican Restaurant at 7849 42nd Avenue North
8. DEVELOPMENT AND PLANNING
8.1 Resolution approving Conditional Use Permit for Open Outdoor Storage Area relating
to real property located at 7716 Winpark Drive (Planning Case 22-04)
8.2 Resolution approving Variance for Property at 5701 International Parkway (Planning
Case 23-01)
9. PETITIONS AND REQUESTS
10. ORDINANCES AND RESOLUTIONS
11. UNFINISHED AND ORGANIZATIONAL BUSINESS
12. OTHER BUSINESS
12.1 Exchange of communication between members of the city council
13. ADJOURNMENT
Memorandum
To: New Hope City Council
From: Tim Hoyt, Acting City Manager
Date: February 23, 2023
Subject: Agenda Items for Monday, February 27, 2023
Open Forum
We are not aware of anyone who intends to address Council for the open forum.
Items 6.1, 6.2, and 6.3
Item 6.1 – there are two lawn fertilizer companies who have requested business licenses.
Item 6.2 ‐ involves routine financial claims.
Item 6.3 – there are no new liability claims to report.
Item 6.4
This is a resolution approving a contract with Allied Blacktop Company for 2023 street sweeping
services. Two bids were received for street sweeping, and the low bidder was Allied Blacktop for $105
per hour for an estimated total cost of $26,250 (for spring and fall sweeping). The estimated cost for
disposal of the street sweeping is $75 per load or $600 and will be handled in‐house. The total estimate
for street sweeping is $26,850 which is under the budgeted amount of $50,000. Director Weber and I
recommend approval.
Item 6.5
This is a resolution approving a contract with Warning Lites of Minnesota, Inc. for the city’s 2023 street
paint striping/marking services. The city recently received two quotes for street traffic striping, and the
low quote was submitted by Warning Lites of Minnesota for $35,570.89. The city has utilized the
services of Warning Lites in the past with good results. The quote is under the budgeted amount of
$45,000. The city started contracting out this service several years ago to save on equipment
replacement and labor costs. Director Weber and I recommend approval.
Item 6.6
The city is asked to approve a resolution regarding the Shingle Creek Watershed boundary line
changes in New Hope. The boundary changes are reflective of current hydrologic data. As a member
city of the watershed, New Hope must approve the change. The neighboring watersheds of Elm Creek,
Bassett Creek, and Mississippi support the boundary changes. Director Weber and I recommend
approval.
Page 2
Item 7.1
This is a public hearing to consider granting an on‐sale intoxicating liquor license to El Loro of New Hope
Inc., dba El Loro Mexican Restaurant, at 7849 42nd Avenue North. The business will be operating out of the
former Country Kitchen site. The owner, Mr. Marcos Gomez, will be in attendance at the meeting if Council
has questions. The required background investigation was conducted and there is nothing detrimental to
report. The applicant understands the city’s ordinance relative to compliance checks. The 2023 license fee is
pro‐rated as allowed by city ordinance. City Clerk Leone and I recommend approval.
Item 8.1
Winsupply, located at 7716 Winpark Drive, submitted an application for a Conditional Use Permit (CUP) for
open outdoor storage as a principal or accessory use in the industrial district. The applicant is proposing to
utilize a portion of the site’s rear and side yards for open outdoor storage. The proposed storage area would
exceed 20 percent of the building’s 30,000 square foot area, which triggers the need for a CUP. The storage
would be screened from the adjacent residential properties and secured with locked fence gates. The
Planning Commission reviewed the request at its meeting of February 7 and recommends approval subject
to the conditions outlined in the resolution. Director Sargent and I recommend approval.
Item 8.2
This item approves two variances for the property located at 5701 International Parkway occupied by Paul
Bunyan Plumbing and companies under its umbrella. The property is unique in that it has three sides with
public right‐of‐way with no space for side yard storage and minimal usable space for rear yard storage. At its
February 7 meeting, the Planning Commission considered the request for a variance for open outdoor
storage in a side yard and a variance for a 20‐foot setback in the side yard and recommended approval
subject to conditions outlined in the resolution. The outdoor storage would be screened and secured within a
locked fence. Variances may be granted when they are in harmony with the general purpose and intent of
the zoning code, consistent with the comprehensive plan, and there are practical difficulties in complying
with the city’s zoning code. Director Sargent and I recommend approval.
Item 12.1
Mayor Hemken will review the list of upcoming events/meetings.
EDA Item 4
This is a public hearing to consider approving purchase and redevelopment agreements with Great Buy
Homes, Inc. for the sale of 4201 and 4205 Boone Avenue North. The EDA acquired 4201 Boone Avenue
North (the TreeHouse property) in June of 2022 for $245,000. Demolition work and utility improvements and
a lot split were completed in the fall of 2022. In December, staff mailed RFPs marketing the lots to more than
40 builders. Great Buy Homes was the only builder that submitted a proposal. The proposal includes two
split level entry homes and three‐car garages with projected sale prices of $475,000 to $480,000 for each home.
Great Buy Homes is offering $161,000 total for both lots. A minimum price of $75,000 per lot was included in
the RFP. The homes must be completed within one year of the closing date. Director Sargent and I
recommend approval.
Page 3
EDA Item 5
In December of 2022 the EDA acquired the single‐family home located at 3611 Louisiana Avenue North
as part of the city’s scattered site housing program. Bids were solicited to prepare the lot for
redevelopment. The low bid was submitted by Nitti Rolloff Services, Inc. for $39,250. The work
includes hazardous material abatement, disposal of items in yard and buildings, tree removal,
demolition of site improvements, well sealing, site grading, and installation of utility improvements.
The city has used the services of Nitti Rolloff in the past with good experiences. The EDA budget
would fund the contract. Director Sargent and I recommend approval.
If you have any questions regarding items in the agenda packet, I would appreciate a call before the
meeting so that I can research any issues and be prepared to respond at the meeting.
New Hope City Council February 13, 2023
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes February 13, 2023
Regular Meeting City Hall, 7:00 p.m.
CALL TO ORDER The New Hope City Council met in regular session pursuant to due call and notice
thereof; Mayor Hemken called the meeting to order at 7:00 p.m.
PLEDGE OF
ALLEGIANCE
The City Council and all present stood for the Pledge of Allegiance.
ROLL CALL Council present:
Staff present:
Kathi Hemken, Mayor
John Elder, Council Member
Andy Hoffe, Council Member
Michael Isenberg, Council Member
Jonathan London, Council Member
Tim Hoyt, Acting City Manager
Rich Johnson, Director of HR/Admin. Services
Dave Lemke, Public Works Operations Manager
Valerie Leone, City Clerk
Bernie Weber, Director of Public Works
Stacy Woods, City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Hoffe, seconded by Council Member Elder,
to approve the work session meeting minutes of January 17, 2023. Voted in favor
thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted against
the same: None; Abstained: None; Absent: None. Motion carried.
Motion was made by Council Member Elder, seconded by Council Member Hoffe,
to approve the regular meeting minutes of January 23, 2023. Voted in favor
thereof: Hemken, Elder, Hoffe, Isenberg, 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.
Mr. Gerry Metzler, 3524 Aquila Avenue North, commended the New Hope Police
Department and the city’s snowplow drivers for their outstanding work. He
pointed out the increased costs of groceries and property taxes. He noted the state’s
$17.6 billion revenue surplus and encouraged the City Council to seek tax relief for
residents.
Mayor Hemken thanked Mr. Metzler for 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 February 13, 2023
Page 2
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. Tim Hoyt, acting city manager, reviewed the consent
items.
BUSINESS LICENSES
Item 6.1
Approval of business licenses.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through February 13, 2023.
RESOLUTION 2023‐23
Item 6.4
Resolution approving LG230 application to conduct off‐site lawful gambling by
Armstrong Cooper Youth Hockey Association at the New Hope Ice Arena.
MOTION
Consent Items
Motion was made by Council Member Elder, seconded by Council Member
Isenberg, to approve the Consent items. All present voted in favor. Motion
carried.
PURCHASE OF 2023
VACTOR TRUCK
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Resolution authorizing the
purchase of equipment and appropriation of funds in the amount of $500,874.81
for purchase of a 2023 Vactor combination sewer cleaning truck and ancillary
equipment from MacQueen Equipment LLC.
Mr. Bernie Weber, public works director, introduced Dave Lemke, operations
manager, to report on the purchase request.
Mr. Dave Lemke, operations manager, explained the 2023 capital improvement
program includes the purchase of a combination sewer cleaning truck and
ancillary equipment. He stated the Vactor combination sewer cleaning truck
would replace the city’s existing ten‐year‐old combination sewer cleaning truck
(unit 237) which has reached the end of its useful life. Mr. Lemke commented that
the combination sewer cleaning truck is a vital piece of equipment used on a daily
basis. He explained besides cleaning the sanitary sewer and storm water pipes, the
vacuum system of the jetter is used to clean storm water quality structures to
improve the water quality of the cityʹs lakes and ponds. The vacuum system is now
used year‐round for locates, sign installation, and maintenance activities involving
excavations such as below grade manholes, fire hydrant repairs and water breaks.
Mr. Lemke stated the purchase will be made through the Minnesota Cooperative
Purchasing Program as MacQueen Equipment LLC has been awarded the contract
for Vactor Equipment in 2023.
Mr. Lemke stated the current truck has a trade‐in value of $110,000. to offset the
new truck’s full price of $609,024. The CIP contains $410,605 for the purchase, and
the $90,269 shortfall would be paid from the Central Garage Replacement Fund. It
was noted that the shortfall will be less since the replacement fund will continue
to be funded until the truck’s delivery anticipated the end of year 2024.
New Hope City Council February 13, 2023
Page 3
RESOLUTION 2023‐24
Item 10.1
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT
AND APPROPRIATION OF FUNDS IN THE AMOUNT OF $500,874.81 FOR
PURCHASE OF A 2023 VACTOR COMBINATION SEWER CLEANING
TRUCK AND ANCILLARY EQUIPMENT FROM MACQUEEN EQUIPMENT
LLC.” The motion for the adoption of the foregoing resolution was seconded by
Council Member Isenberg, and upon vote being taken thereon, the following voted
in favor thereof: Hemken, Elder, Hoffe, Isenberg, 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.
CITY MANAGER
POSITION PROFILE
Item 11.1
Mayor Hemken introduced for discussion Item 11.1, Motion approving position
profile created by DDA Human Resources, Inc. for recruitment of the city manager
position.
Mr. Pat Melvin, DDA Human Resources, Inc. was recognized. He thanked the City
Council and staff for meeting with him on January 26 to assist with the desired
attributes of the city manager.
Mr. Melvin and Council discussed the position profile, salary range, job
description and interview date. Mr. Melvin reviewed the recruitment schedule and
stated Council would be kept apprised of the steps.
A discussion regarding the minimum qualifications of the position including work
experience took place and Council supported consideration of candidates that had
experience in leadership roles other than local government.
MOTION
Item 11.1
Motion was made by Council Member Elder, seconded by Council Member
London, to approve the position profile created by DDA Human Resources, Inc.
for recruitment of the city manager position. All present voted in favor. Motion
carried.
EXCHANGE OF
COMMUNICATION
Item 12.1
Mayor Hemken introduced for discussion Item 12.1, Exchange of communication
between members of the City Council.
Mayor Hemken reported on upcoming events.
ADJOURNMENT
Motion was made by Council Member Isenberg, seconded by Council Member
Elder, to adjourn the meeting, as there was no further business to come before
the Council. All present voted in favor. Motion carried. The New Hope City
Council adjourned at 7:39 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
I:\RFA\City Manager\2023\6.1 Business Licenses\6.1 Q ‐ Business Licenses 022723.docx
Request for Action
February 27, 2023
Approved by: Tim W. Hoyt
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treasurer
Agenda Title
Approval of business license(s)
Requested Action
In accordance with Chapter 8 of the New Hope Code, all applications for business licenses must be presented
to the City Council for consideration. Staff recommends approval of all listed requests.
Background
All required paperwork and fees have been received for the following businesses:
TruGreen Lawn Fertilizer Company, Lawn Fertilizer Trucks
The Davey Tree Expert Company Lawn Fertilizer Company, Lawn Fertilizer Trucks
Agenda Section
Consent
Item Number
6.1
G:\City Manager\AGENDA\6.2 R‐Approval of Claims Merge Doc.docx
Request for Action
February 27, 2023
Approved by: Tim W. Hoyt, Acting City Manager
Originating Department: City Manager
By: Tim W. Hoyt, Acting City Manager
Agenda Title
Approval of claims through February 27, 2023
Requested Action
Claims for services and commodities purchased through this period are listed on the Check Disbursement
Report
Attachments
Check Disbursement Report
Agenda Section
Consent
Item Number
6.2
I:\RFA\PUBWORKS\2023\Council\2023 Street Sweeping\Q&R 2023 Street Sweeping.docx
Request for Action
February 27, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Public Works
By: Bernie Weber, Director
Agenda Title
Resolution approving a contract with Allied Blacktop Company for 2023 street sweeping services
Requested Action
Staff recommends approval of a resolution awarding a contract to Allied Blacktop Company for 2023 street
sweeping services.
Policy/Past Practice
To practice better stormwater management, the city has conducted a spring and fall street sweeping
operation. This is done for public safety, to improve water quality in our lakes and ponds, and to improve
the appearance of the city streets by keeping them clean.
Background
Three vendors, who provide street sweeping services, were sent the quote packet for the 2023 New Hope
street sweeping services. The deadline to submit a quote for street sweeping services was February 17th. The
city received two quotes for 2023 street sweeping services:
Allied Blacktop Company $105.00 per hour
Pearson Brothers $125.00 per hour
Allied Blacktop Company has satisfactorily performed street sweeping for New Hope in previous years.
Weather permitting, the sweeping should be accomplished between April 10 and May 19, 2023 (for spring)
and between October 16 and November 24, 2023 (for fall). Based upon this hourly rate and an estimated 250
hours to complete both spring and fall sweeping, the total for spring and fall sweeping is estimated at
$26,250
Funding
The street sweeping/street sweeping debris disposal program is funded by the 2023 stormwater operating
budget. The 2023 budget of $50,000 allocated for spring and fall street sweeping will be used to fund
sweeping of the streets and the in‐house removal of the debris created from the street sweeping. The total
estimate for street sweeping at $105/hour ($26,250) and sweeping debris disposal of $75/load ($600) is
$26,850 which is within the budgeted amount.
Attachments
Resolution
Low quote, Allied Blacktop Company
Agenda Section
Consent
Item Number
6.4
City of New Hope
Resolution No. 23‐
Resolution approving a contract with Allied Blacktop Company
for 2023 street sweeping services
WHEREAS, city streets have been identified by Public Works staff as requiring street sweeping during the
spring and fall of 2023; and,
WHEREAS, funding is available in the stormwater operating fund; and,
WHEREAS, this activity is an integral component of the streets and storm sewer maintenance programs;
and,
WHEREAS, the lowest responsible quote was received from Allied Blacktop Company in the amount of
$105.00 per hour; and,
WHEREAS, staff has prepared a proposed contract with the contractor providing the lowest responsible and
responsive quote, Allied Blacktop Company, setting forth the project scope of work, terms,
conditions, and compensation for services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows:
1. That the contract for street sweeping for year 2023 is awarded to Allied Blacktop Company;
and,
2. That a contract between the city of New Hope and Allied Blacktop Company is approved,
and the mayor and acting city manager are authorized and directed to sign the same.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 27th day of February
2023.
______________ ______________
Mayor
Attest: ________ _________________
City Clerk
I:\RFA\PUBWORKS\2023\Council\2023 Street Sweeping
CITY OF NEW HOPE
CONTRACT
FOR
2023 STREET SWEEPING SERVICES
For valuable consideration as set forth below, this contract dated the 27th day of February 2023, is made
and signed by the City of New Hope (hereinafter “City”) and Allied Blacktop. (hereinafter “Contractor”).
1. CONTRACT DOCUMENTS
The Contractor hereby promises and agrees to perform and comply with all the provisions of this
Contract and specifications, all of which are incorporated hereby by this reference. This Contract
shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any
party to the other shall affect or modify any of the terms or obligations contained in this Contract.
2. THE WORK
The work to be performed by Contractor under this Contract (hereinafter the “Work”), is defined in
the 2021 Street Sweeping Program Specifications. Any modifications to the work defined in the
specifications will be made in writing.
3. CONTRACT PRICE
The City agrees to pay the contractor $105.00 dollars per hour, per sweeper, payable in accordance
with the payment terms of the street sweeping specifications.
The city will pay the Contractor for the actual number of hours worked and approved as indicated on
the daily logs. Payment will be made on an hourly basis at the rate of $105.00 per hour, per sweeper.
No payment will be made for time spent fixing or repairing inoperable equipment. Hourly rates shall
include one operator and one sweeper with brooms, fuel, all applicable taxes, and all miscellaneous
supplies.
4. COMPLETION DATE
The Contractor shall complete his/her performance of Part 1 under this contract by the 19th day of
May 2023.
The Contractor shall complete his/her performance of Part 2 under this contract by the 24th day of
November 2023.
5. INSURANCE/BOND
Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain
the City’s approval of a certificate of insurance on Standard Form C.I.C.C.‐701 or ACORD 25 forms,
showing the following insurance coverage and listing the City as a loss payee under the policies:
a. General Contractor Liability: $1,000,000.00
b. Automobile Liability for all Automobiles: $1,000,000.00
c. Workman’s Compensation: Statutory Amounts
I:\RFA\PUBWORKS\2023\Council\2023 Street Sweeping
2023 Street Sweeping
Contract
Page 2
This certificate must provide for the above coverage’s to be in effect from the date of the Contract
until 30 days after the Completion Date and must provide the insurance coverage will not be
canceled by the insurance company without 30 days written notice to the City of intent to cancel. The
certificate must further provide that the contractor’s insurance coverage is primary coverage
notwithstanding any insurance coverage carried by the City that may apply to injury or damage
relating to the maintenance or repair of the City’s streets or right‐of‐ways by either the City or any
employee, agent, independent contractor or any other person or entity retained by the City to
perform the services described herein.
6. LAWS, REGULATIONS AND SAFETY
The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations
applicable to performance under this Contract.
7. INDEMNIFICATION
The Contractor agrees to indemnify, defend, and hold the City harmless from any damages,
including costs and attorney’s fees, from any claims, demands, actions, or causes of action arising out
of any act or omission on the part of the Contractor or its agents, servants or employees in the
performance of or with relation to any of the work or services performed or furnished by the
contractor under this Contract.
8. ASSIGNMENT
The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any
of its rights, duties, benefits, obligations, liabilities, or responsibilities without prior written consent of
the City.
9. NOTICE
The address and telephone number of the Contractor for purposes of giving notices and any other
purpose under this contract shall be 10503 89th Avenue North, Matt Dolecki, Allied Blacktop
Company, (763) 425‐0575
The address of the City for purposes of giving notices and any other purpose under this contract shall
be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Andrew
Kramer at (763) 592‐6764.
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2023 Street Sweeping
Contract
Page 3
IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the
day and year first above written.
CITY OF NEW HOPE
By
Its Mayor
By
Its Acting City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this ______ day of _______ 2023 by Kathi Hemken
and Tim Hoyt, the Mayor and Acting City Manager, respectively, of the City of New Hope, a Minnesota
municipal corporation, on behalf of said municipal corporation.
Notary Public
CONTRACTOR
By
Its Representative
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me on this day of
, 2023, by
of , on behalf of
.
Notary Public
I:\RFA\PUBWORKS\2023\Council\2023 Street Striping‐Marking\Q&R ‐ 2023 Street Painting‐Marking.docx
Request for Action
February 27, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Public Works
By: Bernie Weber, Director
Agenda Title
Resolution approving a contract with Warning Lites of Minnesota, Inc. for New Hope’s 2023 street paint
striping/marking services
Requested Action
Staff recommends approval of a resolution awarding a contract to Warning Lites of Minnesota, Inc. for 2023
street paint striping/marking services on New Hope streets.
Policy/Past Practice
The City Council routinely considers improvement projects that improve safety for traffic and pedestrians
within the city of New Hope.
Background
There are approximately 32 miles of lines that are striped, and the paint markings include crosswalks, stop
bars, railroad crossings, bike lanes and directional arrows. For many years, the city of New Hope has been
contracting out street marking/painting services. Contracting out the marking/painting has been
economically advantageous over providing the service in‐house. The required extra seasonal staff, purchase
and upkeep of the necessary painting equipment, and added liability of potential property damage and
personal injury have warranted the continuation of contracting out this service.
The city received quotes from two vendors for the 2023 street traffic striping and marking program. Based
upon New Hope’s estimated quantity of paint striping/marking needs, Warning Lites of Minnesota, Inc.
submitted a quote of $35,570.89; Sir Lines‐a‐Lot LLC submitted a quote of $37,908.43. We have utilized the
services of Warning Lites of Minnesota, Inc., in the past with good results. Based on the low quote and
positive previous experience, staff is recommending that the city retain the services Warning Lites of
Minnesota, Inc. for the 2023 street paint striping/marking.
Funding
Funding in the amount of $45,000 for street paint striping and marking is available in the 2023 street
operating budget.
Attachments
Resolution
Low quote, Warning Lites of Minnesota, Inc.
Agenda Section
Consent
Item Number
6.5
City of New Hope
Resolution No. 23‐
Resolution approving a contract with Warning Lites of Minnesota, Inc.
for New Hope’s 2023 street paint striping/marking services
WHEREAS, the city desires to enter into a contract for street paint striping and marking services; and,
WHEREAS, city staff has prepared specifications and contract terms for the work and has had them
reviewed by the city attorney; and,
WHEREAS, the quotes for street paint striping and marking services for New Hope’s street paint striping
and marking project were received prior to the 17th day of February 2023 at 1:00 p.m.; and,
WHEREAS, funding has been budgeted in the street operating budget to pay for this expenditure; and,
WHEREAS, staff has prepared a proposed contract for the lowest responsible and responsive quote, Warning
Lites of Minnesota, Inc., setting forth the scope of work, terms, conditions, and compensation for
services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, as follows:
1. That the contract between the city of New Hope and Warning Lites of Minnesota, Inc. in the amount
of $35,570.89 is approved.
2. The mayor and city manager are authorized to sign.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota this 27th day of February
2023.
__________ __________________
Mayor
Attest: ________ _________________
City Clerk
CITY OF NEW HOPE
CONTRACT WITH
WARNING LITES OF
MINNESOTA, INC.
FOR 2023 STREET TRAFFIC
STRIPING/MARKING
For valuable consideration as set forth below, this contract dated the 27th day of February 2023, is made and signed
by the City of New Hope (hereinafter “City”) and Warning Lites of Minnesota, Inc. (hereinafter “Contractor”).
1. CONTRACT DOCUMENTS
The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and
specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total
agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify
any of the terms or obligations contained in this Contract.
2. THE WORK
The work to be performed by Contractor under this Contract (hereinafter the “Work”), is defined in
Specifications and Bidder’s Proposal Quote for Street Traffic Striping/Marking within the City of New Hope
(request for proposal). Any modifications to the work defined in the painting specifications will be made in
writing.
3. CONTRACT PRICE
The City agrees to pay the contractor for completed work based upon the submitted unit prices, payable in
accordance with the payment terms of the City of New Hope Instruction to Bidders.
DESCRIPTION AND UNIT OF MEASURE APPROXIMATE QTY. UNIT PRICE
4” White/Linear Foot 94,404 L.F. $.07
4” Yellow Linear Foot 75,573 L.F. $.07
24” Wide White Stop Line/Linear Foot 3,283 L.F. $2.50
White “Arrow” Marking Each 112 Each $24.00
Railroad Crossing Markings 8 Each $210.00
3’ x 6’ White Crosswalks 521 Each $17.00
12” Wide Yellow Crosshatch Lines/Lin. Ft. 200 L.F. $2.00
4’ x 10’ Green Bike Lane Bar with Biker 40 Each $46.00
Based upon New Hope’s approximate quantities the total bid price equates to $35,570.89.
Total amount of this contract shall not exceed $35,570.89. Additional work performed beyond the stated
contract amount shall be discussed and mutually agreed upon by Warning Lites of Minnesota, Inc. and the City
of New Hope.
4. COMPLETION DATE
Contractor shall complete his performance under this Contract by the 1st day of September 2023 (hereinafter
“Completion Date”).
Contract
New Hope Street Striping/Marking 2023
Page 2
5. INSURANCE/BOND
Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City’s
approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the
following insurance coverage and listing the City as a loss payee under the policies:
a. General Contractor Liability: $1,000,000.00
b. Automobile Liability for all Automobiles: $1,000,000.00
c. Workman’s Compensation: Statutory Amounts
This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days
after the Completion Date and must provide the insurance coverage will not be canceled by the insurance
company without 30 days written notice to the City of intent to cancel. The certificate must further provide that
the contractor’s insurance coverage is primary coverage notwithstanding any insurance coverage carried by the
City that may apply to injury or damage relating to the maintenance or repair of the City’s streets or right-of-
ways by either the City or any employee, agent, independent contractor or any other person or entity retained by
the City to perform the services described herein.
6. LAWS, REGULATIONS AND SAFETY
The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to
performance under this Contract.
7. INDEMNIFICATION
The Contractor agrees to indemnify, defend, and hold the City harmless from any damages, including costs and
attorney’s fees, from any claims, demands, actions, or causes of action arising out of any act or omission on the
part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the
work or services performed or furnished by the contractor under this Contract.
8. ASSIGNMENT
The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights,
duties, benefits, obligations, liabilities, or responsibilities without prior written consent of the City.
9. NOTICE
The address and telephone number of the Contractor for purposes of giving notices and any other purpose under
this contract shall be 4700 North Lyndale Avenue Minneapolis, MN 55412. The contact person for this contract
is Dave Nelson, Warning Lites of Minnesota, Inc. (612) 521-4200.
The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401
Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Andrew Kramer, City of
New Hope, Streets and Parks Supervisor at (763) 592-6764.
Contract
New Hope Street Striping/Marking 2023
Page 3
IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and
year first above written.
CITY OF NEW HOPE
By
Its Mayor
By
Its Acting City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this day of
, 2023, by Kathi Hemken and Tim Hoyt, the Mayor, and Acting City Manager,
respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation.
Notary Public
CONTRACTOR
By
Its Representative
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me on this day of ,
2023, by of
on behalf of .
Notary Public
I:\RFA\PUBWORKS\2023\Council\2023 Shingle Creek Watershed boundary update\Q & R Shingle Creek Watershed boundary update municipal concurrence
Request for Action
February 27, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Public Works
By: Bernie Weber, Public Works Director
Agenda Title
Resolution of concurrence for the proposed Shingle Creek Watershed Management Commission legal
boundary change
Requested Action
Staff recommends that the Council pass a resolution of concurrence for the proposed Shingle Creek Watershed
Management Commission (SCWMC) legal boundary change.
Policy/Past Practice
As a member city of the Shingle Creek Watershed Management Commission (SCWMC), it has been past
practice to bring items requiring member city concurrence before the council.
Background
Over the past year, the SCWMC has been going through the process of updating the legal boundary of the
commission. The existing legal boundary was established after the organization was formed in 1984 using
parcels and hydrologic data present at that time. Over the years, parcel subdivisions, topographic changes, and
the construction and modification of stormwater conveyance systems have occurred, altering the hydrology of
our landscape. The SCWMC engineers completed a review and update of the watershed’s legal boundary to
ensure the boundary better reflects today’s hydrologic conditions. The SCWMC’s Technical Advisory
Committee reviewed the changes and recommended approval. The neighboring watersheds of Elm Creek
Watershed Management Commission, Bassett Creek Watershed Management Commission and Mississippi
Watershed Management Organization reviewed the boundary to provide further refinements and ultimately
concurrence with the proposed boundary.
Details on the acreage and number of parcels impacted by this boundary update are shown in the below table:
Moving into Shingle Creek WMC Moving out of Shingle Creek WMC
Area (acres) Parcels (number) Area (acres) Parcels (number)
New Hope 0.4 1 117 73
City staff has been involved throughout the update process and has reviewed the SCWMC proposed
boundary line changes in New Hope. City staff recommends approval of a resolution of concurrence for the
proposed SCWMC legal boundary change.
Funding
This work has been funded by the Shingle Creek Watershed Management Commission.
Attachments
Resolution
Memo from SCWMC Engineer, dated Feb. 8, 2023
Agenda Section
Consent
Item Number
6.6
City of New Hope
Resolution No. 23‐
Resolution of concurrence for the proposed
Shingle Creek Watershed Management Commission legal boundary change
WHEREAS, the Shingle Creek Watershed Management Commission and the West Mississippi
Watershed Management Commission (collectively, the “Requesting WMOs”) have
undertaken a process to review and amend as needed their boundaries with neighboring
watersheds in accordance with the requirements of Minnesota Statutes, section 103B.215
(“Act”);
WHEREAS, the Act requires the Requesting WMOs to include with their petition for a watershed
boundary change to the Minnesota Board of Water and Soil Resources “a written statement
of concurrence in the petition from the governing body of each statutory or home rule
charter city and town and each watershed management organization having jurisdiction
over the territory proposed to be added or transferred.”;
WHEREAS, the Requesting WMOs prepared and provided maps showing the proposed boundary
changes (“Boundary Change Maps”), which are incorporated herein by reference; and
WHEREAS, the Boundary Changes identified in the Boundary Change Maps were developed using
updated hydrologic information, they more accurately reflect the hydrologic boundaries,
and so the City Council determines it is appropriate to issue a written statement of
concurrence to change the boundaries as reflected in the Boundary Change Maps submitted
by the Requesting WMOs.
NOW, THEREFORE, BE IT RESOLVED,
1. The City of New Hope concurs with the boundary changes proposed by the
Requesting WMOs and as reflected in the Boundary Change Maps.
2. The City Clerk shall forward this Resolution to the Requesting WMOs, which shall
serve as the City’s written statement of concurrence with the proposed boundary
change.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 27th day of
February, 2023.
_________________________
Mayor
Attest: __________________________
City Clerk
Memo
To: Dustin Leslie, Clerk, City of Robbinsdale
Chrissy Serres, Clerk, City of Crystal
Valerie Leone, Clerk, City of New Hope
Jodi Gallup, Clerk, City of Plymouth
Casey Carl, Clerk, City of Minneapolis
From: Todd Shoemaker, PE
Lisa Tilman, PE
Project: Shingle Creek Watershed Legal Boundary
Update: Municipal Concurrence
Date: February 8, 2023
Stantec Project #: 227705202
The Shingle Creek Watershed Management Commission (SCWMC) is in the process of updating its legal
boundary to better reflect the current hydrologic condition. SCWMC requests that the City review the
proposed boundary and take action to provide concurrence with the revision. We attached a resolution
template that may be used for concurrence by the City.
The proposed Shingle Creek Watershed boundary may be viewed at: SCWM Legal Boundary Review -
PUBLIC (arcgis.com).
The West Mississippi Watershed Management Commission (WMWMC) commonly operates in partnership
with the SCWMC. Accordingly, the WMWMC also updated their legal boundary. The SCWMC and the
WMWMC received concurrence from the three neighboring watersheds: Elm Creek Watershed
Management Commission, Bassett Creek Watershed Management Commission and Mississippi Watershed
Management Organization. Their concurrence letters are attached for your reference. After municipal
concurrence, SCWMC will submit the boundary revision to the Minnesota Board of Water and Soil
Resources and to Hennepin County for updating of official property records.
Legal Boundary Update Process Summary
The Shingle Creek Watershed Management Commission established the existing legal boundary after the
organization was formed in 1984 using parcels and hydrologic data present at that time. Parcel
subdivisions, topographic changes, and the construction and modification of stormwater conveyance
systems have occurred over the years. The Commission completed a review and update of the
watershed’s legal boundary to ensure the boundary better reflects today’s hydrologic conditions.
The SCWMC used the following process to define a legal boundary that most accurately reflects current
hydrologic conditions:
February 8, 2023
Municipal Concurrence Request
Page 2 of 2
Reference: 227705202
(1) Stantec used the Shingle Creek hydrologic boundary, which was updated in 2020, to delineate a
proposed boundary. Parcels were considered within the Shingle Creek Watershed legal boundary
if over 50% of the parcel area was inside the Shingle Creek hydrologic boundary.
(2) Stantec then confirmed the digitized legal boundary with a review comparing the hydrologic
boundary against stormsewer networks and hydrologic boundaries defined by neighboring
watersheds. The review also drew on input from municipal staff serving on the Technical Advisory
Committee to incorporate their specific knowledge of municipal stormsewer networks and
drainage patterns.
(3) The neighboring watersheds of Elm Creek Watershed Management Commission, Bassett Creek
Watershed Management Commission and Mississippi Watershed Management Organization
reviewed the boundary to provide further refinements and ultimately concurrence with the
proposed boundary.
Tables 1 and 2 summarize how area and parcels will change with the proposed SCWMC Legal Boundary
among the adjacent WMOs and member cities.
Table 1. Changes in Shingle Creek Watershed Area by Watershed
Moving into Shingle Creek Moving out of Shingle Creek
Area (acres) Parcels (number) Area (acres) Parcels (number)
Bassett Creek Watershed 76 223 627 782
Elm Creek Watershed 60 361 378 509
Mississippi Watershed 26 192 109 560
West Mississippi Watershed 89 119 173 249
Table 2. Changes in Shingle Creek Watershed Area by City
Moving into Shingle Creek Moving out of Shingle Creek
Area (acres) Parcels (number) Area (acres) Parcels (number)
Brooklyn Center 13 25 89 123
Brooklyn Park 41 74 34 77
Crystal 1 4 34 140
Maple Grove 56 149 139 144
Minneapolis 32 232 110 565
New Hope 0.4 1 117 73
Osseo 3 10 49 42
Plymouth 95 328 668 823
Robbinsdale 10 70 35 97
SH220-1-843616.v1
CITY OF _____________________
Resolution No. _________
RESOLUTION CONCURRING WITH
PROPOSED WATERSHED BOUNDARY CHANGES
WHEREAS, the Shingle Creek Watershed Management Commission and the West
Mississippi Watershed Management Commission (collectively, the “Requesting WMOs”) have
undertaken a process to review and amend as needed their boundaries with neighboring
watersheds in accordance with the requirements of Minnesota Statutes, section 103B.215
(“Act”);
WHEREAS, the Act requires the Requesting WMOs to include with their petition for a
watershed boundary change to the Minnesota Board of Water and Soil Resources “a written
statement of concurrence in the petition from the governing body of each statutory or home rule
charter city and town and each watershed management organization having jurisdiction over the
territory proposed to be added or transferred.”;
WHEREAS, the Requesting WMOs prepared and provided maps showing the proposed
boundary changes (“Boundary Change Maps”), which are incorporated herein by reference; and
WHEREAS, the Boundary Changes identified in the Boundary Change Maps were
developed using updated hydrologic information, they more accurately reflect the hydrologic
boundaries, and so the City Council determines it is appropriate to issue a written statement of
concurrence to change the boundaries as reflected in the Boundary Change Maps submitted by
the Requesting WMOs.
NOW, THEREFORE, BE IT RESOLVED, by the City Council as follows:
1. The City concurs with the boundary changes proposed by the Requesting WMOs and as
reflected in the Boundary Change Maps.
2. The City Clerk shall forward this Resolution to the Requesting WMOs, which shall serve
as the City’s written statement of concurrence with the proposed boundary change.
Adopted this ____ day of ______________, 2022.
______________________________
Mayor
Attest:__________________________
CHAMPLIN - CORCORAN - DAYTON - MAPLE GROVE - MEDINA - PLYMOUTH - ROGERS
elm creek
Watershed Management Commission
ADMINISTRATIVE OFFICE
3235 Fernbrook Lane ▪ Plymouth, MN 55447
PH: 763.553.1144 ▪ email: judie@jass.biz
www.elmcreekwatershed.org
January 11, 2023
Shingle Creek Watershed Management Commission
ATTN: Judie Anderson
3235 Fernbrook Lane N
Plymouth, MN 55447
Re: Petition for Boundary Change, Shingle Creek Watershed Management Commission: Letter of
Concurrence
Dear Ms. Anderson:
The Elm Creek Watershed Management Commission has reviewed and considered the proposal to
change the common boundary between the Shingle Creek Watershed and the Elm Creek Watershed .
Pursuant to Resolution #2023-01, the Elm Creek Watershed Management Commission concurs with
the proposed petition to change the common boundary.
Your point of contact regarding this concurrence is Erik Megow, Associate, Water Resources Engineer,
Stantec, 763 252-6857, erik.megow@stantec.com
Sincerely,
Doug Baines
Chair
DB:jaa
Encls: Resolution 2023-01
Z:\Elm Creek\Boundaries\5 To Shingle Creek - Elm Letter of Concurrence.docx
i:\rfa\city manager\2023\liquor license el loro\7.1 q ‐ onsale license 02.27.23.docx
Request for Action
February 27, 2023
Approved by: Tim W. Hoyt, Acting City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk
Agenda Title
Public Hearing – Motion approving an on‐sale liquor license to El Loro of New Hope Inc dba El Loro Mexican
Restaurant at 7849 42nd Avenue North
Requested Action
A public hearing is necessary to consider issuance of an on‐sale liquor license.
Policy/Past Practice
City code section 10‐17 requires Council to hold a hearing on liquor license applications.
Background
Mr. Marcos Gomez, owner of El Loro of New Hope Inc., is seeking an on‐sale liquor license at 7849 42nd
Avenue North (the location previously occupied by Country Kitchen). Mr. Gomez has completed the
necessary paperwork and paid the background investigation fee. The background investigation was
conducted by the New Hope Police Department and nothing detrimental was found in the background
investigation which would prohibit issuance of the license.
Mr. Gomez will be in attendance. After allowing for public comment, if Council desires to approve the
license, a motion should be made to close the hearing followed by another motion to grant the license. If
Council supports the license approval, paperwork will be submitted to the state requesting license approval
effective March 1, 2023.
Attachments
Public Hearing notice
Memorandum from Police Dept.
Agenda Section
Public Hearing
Item Number
7.1
I:\RFA\COMM DEV\2023\City Council\2‐27‐23\PC 22‐04 Winsupply CUP\Q ‐ PC 22‐04 Winsupply CUP 02‐27‐23.docx
Request for Action
February 27, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Community Development
By: Brandon Bell, CD Coord/Management Analyst;
Jeff Sargent, Director of Community Development
Agenda Title
Resolution approving Conditional Use Permit for Open Outdoor Storage Area Relating to Real Property
Located at 7716 Winpark Drive, New Hope (New Hope Planning Case 22‐04)
Requested Action
Staff requests that the City Council approve a resolution approving a Conditional Use Permit for open outdoor
storage at 7716 Winpark Drive.
Policy/Past Practice
The City Council has approved Conditional Use Permit requests in the past when proposals comply with the
requirements of the zoning code.
Background
Winsupply, located at 7716 Winpark Drive, submitted an application for a Conditional Use Permit (CUP) for
open outdoor storage as a principal or accessory use in the industrial district. The applicant is proposing to
utilize a portion of the site’s rear and side yards for open outdoor storage. The proposed storage area would
exceed 20 percent of the building’s 30,000 square foot area, which triggers the need for a CUP.
One of the biggest concerns when granting a property a CUP for open outdoor storage is that all open outdoor
storage must be screened from the right‐of‐way and adjacent residential properties and secured with locked
gates. The applicant is proposing to install a seven‐foot chain link fence that will have slats used for screening.
There will be four locked gates and lock boxes installed for access for emergency crews if they are needed.
Two of the gates will be utilized for ingress and egress from the site for vehicles doing business with the
company, and the other two gates on the north of the property will be utilized for maintaining the green space
north of the fence line on the property and for snow storage during the winter.
Recommendation
The Planning Commission considered the request for a CUP allowing for open outdoor storage at 7716
Winpark Drive and recommended approval with a 6‐0 vote, subject to the following conditions:
1. All outdoor storage areas be screened and landscaped from the adjacent right‐of‐way and adjacent
residential property to the East.
2. Outdoor storage shall not be stacked above the height of the screen fence.
3. Outdoor storage areas shall not occupy required off‐street parking, loading areas or access drives.
4. The arrangement of outdoor storage areas on the site shall preserve a minimum 24‐foot wide drive aisle
around the building with turn radii sufficient to allow for passage of large trucks and emergency vehicles.
5. Outdoor storage must be secured via locked gates during non‐business hours.
Agenda Section
Development &
Planning
Item Number
8.1
Request for Action, Page 2
6. The outdoor storage will be surfaced with concrete or bituminous material, a perimeter curbing provided
in the areas directed by the City Engineer.
7. Applicant must submit screening details for fence to be approved by city staff prior to the installation of
the material.
8. If the applicant plans to add outdoor lighting they shall submit a photometric plan shall meet
minimum lighting standards for buildings, parking lots, and pedestrian areas.
9. Property owners are required to address refuse and upkeep of properties used for outdoor storage
activities.
Attachments
Resolution
Draft Planning Commission minutes (February 7, 2023)
For more information, please refer to the staff and consultant reports included in the February 7, 2023,
Planning Commission packet, which was previously distributed.
1
RESOLUTION NO. 23-___
RESOLUTION APPROVING CONDITIONAL USE PERMIT
FOR OPEN OUTDOOR STORAGE AREA RELATING TO REAL PROPERTY
LOCATED AT 7716 WINPARK DRIVE, NEW HOPE
(New Hope Planning Case 22-04)
BE IT RESOLVED by the City Council of the City of New Hope, County of Hennepin,
State of Minnesota, as follows:
WHEREAS, Wholesalers Property Co. LLC, a Delaware limited liability company
(“Owner”), is the owner of the real property located at 7716 Winpark Drive, New Hope, Minnesota,
55427 with Property Identification Number of 20-118-21-22-0005 and legally described as:
That part of Lot 1, Block 2, Winnetka Industrial Park, lying West of a Southerly extension of
the West line of the most Northerly portion of said Lot, except the Westerly 305 feet thereof,
Hennepin County, Minnesota
(“Property”)
WHEREAS, Winsupply Minneapolis MN Co, a Delaware corporation (“Petitioner”) leases
the Property and has petitioned the City as part of New Hope Planning Case 22-04 for a Conditional
Use Permit for open outdoor storage of sewer, water and mechanical materials as a principal or
accessory use (“Project”);
WHEREAS, Petitioner is proposing to utilize a portion of the Property’s current parking lot
for the storage of sewer, water and mechanical materials;
WHEREAS, the proposed storage area would exceed 20 percent of the building’s
approximately 33,000 square foot area, which requires the need for a Conditional Use Permit
pursuant to City Code Section 4-20(e)(1);
WHEREAS, based on the City Staff Planning Case Report dated January 16, 2023, this
Resolution incorporates the findings set forth therein;
WHEREAS, the Planning Commission held a public hearing and considered the matter at its
meeting on February 7, 2023;
WHEREAS, the Planning Commission, after a complete review of the issues involved,
recommended the City Council approve the application; and
WHEREAS, the City Council has considered Planning Case 22-04 for the Project at its
meeting of February 27, 2023.
2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope
that the request of Petitioner for a Conditional Use Permit, shall be approved subject to the following
conditions:
1. All outdoor storage areas shall be screened and landscaped from the adjacent right-of-way and
adjacent residential property to the East.
2. Outdoor storage shall not be stacked above the height of the screened fence.
3. Outdoor storage areas shall not occupy required off-street parking, loading areas or access
drives.
4. The arrangement of outdoor storage areas on the Property shall preserve a minimum 24-foot
wide drive aisle around the building with turn radii sufficient to allow for passage of large
trucks and emergency vehicles.
5. Outdoor storage must be secured via locked gates during non-business hours.
6. The outdoor storage will be surfaced with concrete or bituminous material, and a perimeter
curbing provided in the areas directed by the City Engineer.
7. Petitioner must submit screening details for fence to be approved by city staff prior to the
installation of the material.
8. If Petitioner plans to add outdoor lighting they shall submit a photometric plan which shall
meet minimum lighting standards for buildings, parking lots, and pedestrian areas.
9. Owner and Petitioner are required to address refuse and upkeep of Property area used for
outdoor storage activities.
10. The Conditional Use Permit shall be recorded against the Property in the Office of the
Hennepin County Recorder as the Property is Abstract.
Dated the 27th day of February, 2023.
____________________________________
Kathi Hemken, Mayor
Attest: _______________________
Valerie Leone, City Clerk
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-22204 7716 Winpark Dr. - CUP for outdoor storage\Resolution Approving CUP for outdoor
storage.doc
I:\RFA\COMM DEV\2023\City Council\2‐27‐23\PC 23‐01 Paul Bunyan Plumbing Variance x 2\Q ‐ PC 23‐01 Paul Bunyan Plumbing Variances 02‐27‐23.docx
Request for Action
February 27, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Community Development
By: Brandon Bell, CD Coord/Management Analyst;
Jeff Sargent, Director of Community Development
Agenda Title
Resolution approving Variances for Property at 5701 International Parkway (New Hope Planning Case 23‐01)
Requested Action
Staff requests that the City Council approve a resolution approving a variance for open outdoor storage in a
side yard and a variance for a 20‐foot setback in the side yard at 5701 International Parkway.
Policy/Past Practice
The City Council has approved Variance requests in the past when proposals comply with the requirements
of the zoning code.
Background
Paul Bunyan Plumbing and the other companies under their same company umbrella (Overson’s Sewer and
Water, One Hour Rooter, Blue Ox Heating and Air), have experienced continual growth in their industry. This
increase in growth has created a need for on‐site outdoor storage. By code, open outdoor storage areas are not
allowed within a front or side yard abutting a public right of way. The property located at 5701 International
Pkwy is unique in that it is surrounded on three sides by public rights‐of‐way. Due to this unique situation,
that is out of the control of the property owner, there is minimal usable space for rear yard storage, and no
space for side yard storage, on the site.
Open outdoor storage must also be screened and secured, except in cases where the outdoor storage is
enclosed and secured semi‐trailers. Therefore, a seven to eight‐foot chain link fence with double bottom
locking slats and two access gates is proposed to secure and screen the outdoor storage. This fence will run
mostly along International Pkwy which requires a 30‐foot side yard setback, since the side yard abuts a street.
Due to the layout of the site, the applicant requires a 20‐foot setback in order to install a fence that will function
within the design of the current site.
Staff finds the requested variances are reasonable, as there are no alternative on site storage areas and the
request for the fence set back is reasonable within an industrial area. The purpose of a variance is to permit
relief from the strict application of the terms of the zoning code. Variances may be granted when they are in
harmony with the general purpose and intent of the zoning code, they are consistent with the comprehensive
plan, and the applicant for the variance establishes that there are practical difficulties in complying with the
city’s zoning code. “Practical difficulties” is a legal standard set forth in law that cities must apply when
considering applications for variances.
Recommendation
The Planning Commission considered the request for a variance for open outdoor storage in a side yard and
a variance for a 20‐foot setback in the side yard at 5701 International Parkway and recommended approval
with a 6‐0 vote, subject to the following conditions:
Agenda Section
Development &
Planning
Item Number
8.2
Request for Action, Page 2
1. The applicant shall provide a detailed plan of the outdoor storage areas showing how it will be
delineated on the site. The delineation is needed to ensure that storage is managed and does not grow
within the site. The site plan must show that the outdoor storage area is sized and configured to
accommodate the proposed storage items. Outdoor storage beyond the approved area shall be
prohibited.
2. All the storage areas must be paved with bituminous or concrete. Storage on the grass, dirt or
landscaped areas is prohibited.
3. Applicant must provide details on fence and gate design (location, height, materials, screening
materials, gate security, lock boxes etc.). Before the fence is erected, the applicant must provide exact
details on the screening material and color that will be used for screening on the chain link fence.
4. A landscape plan shall be provided illustrating proposed plant species, location and size planting
spaced along the proposed fence line prior to any plantings. This plan must be approved by city staff.
5. Outdoor storage items shall not be stacked above the height of the screen fence or landscape screen.
Attachments
Resolution
Draft Planning Commission minutes (February 7, 2023)
For more information, please refer to the staff and consultant reports included in the February 7, 2023,
Planning Commission packet, which was previously distributed.
1
RESOLUTION NO. 2023-
RESOLUTION APPROVING VARIANCES FOR
PROPERTY AT 5701 INTERNATIONAL PARKWAY
(New Hope Planning Case 23-01)
BE IT RESOLVED by the City Council of the City of New Hope as follows:
WHEREAS, McGaviotti Investment Properties, LLC, a Minnesota limited liability
company (“Owner”) is the owner of the real property located at 5701 International Parkway, New
Hope, Minnesota, 55428, property identification number 06-118-21-32-0006 and legally described
as:
Lot 1, Block 1, Science Industry Park, according to the recorded plat thereof, Hennepin
County, Minnesota.
Part of which is registered property described as follows: That part of Lot 1, Block 1,
Science Industry Park, lying West of the West line of the Northeast Quarter of the
Southwest Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota.
Abstract and Registered Property
Certificate of Title No. 1392067
WHEREAS, Paul Bunyan Plumbing L.L.C., a Minnesota limited liability company doing
business as “Paul Bunyan Plumbing” (“Tenant”) leases the Property from Owner and is seeking
to install open outdoor storage on the Property;
WHEREAS, Owner and Tenant (jointly referred to herein as the “Applicant”) have
submitted an application as a part of Planning Case 23-01 relating to proposed outdoor storage on
the Property, seeking: (1) a variance to allow exterior storage in the side yard of the Property; and
(2) a variance to allow for a fence to be installed within 20-feet of the Property line;
WHEREAS, the Property is located in the I – Industrial District;
WHEREAS, based on the City Staff Planning Case Report dated January 16, 2023, this
Resolution incorporates the findings set forth therein;
WHEREAS, pursuant to New Hope City Code §4-36, a variance may be granted when it
is in harmony with the general purpose and intent of the zoning code, is consistent with the City’s
Comprehensive Plan for this area of the City and the applicant for the variance establishes that
there are practical difficulties in complying with the City’s Zoning Code;
WHEREAS, Applicant/Owner proposes to use the Property in a reasonable manner not
permitted by the City’s Zoning Code;
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WHEREAS, the plight of the Applicant is due to circumstances unique to the Property
under consideration and not created by the Applicant because the unusual layout of the Property
with the building surrounded on three sides by streets, making the rear yard of the Property
extremely small and still visible from the south street necessitates the usage of the side yard of the
Property for open outdoor storage;
WHEREAS, the installation of open outdoor storage will enable Applicant to continue its
business on the Property, fully utilize the Property and meet the business’ operational needs, all of
which are supported by the City;
WHEREAS, the variances will not alter the essential character of the locality or permit a
use not allowed within the I District;
WHEREAS, the variances will not impair an adequate supply of light and air to adjacent
properties, or substantially increase the congestion of the public streets, or increase the danger of
fire or engender public safety;
WHEREAS, the Planning Commission held a public hearing and considered the matter at
its meeting on February 7, 2023; and
WHEREAS, the Planning Commission, after a complete review of the issues involved,
recommended the City Council approves the requests with conditions; and
WHEREAS, the City Council has considered the requests at its meeting of February 27,
2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope
that the requests two variances allowing for the open outdoor storage of materials in the side yard
of the Property and installation of a fence within the 20 feet of the Property line as identified in
New Hope Planning Case 23-01, shall be approved subject to the following conditions:
1. Applicant shall provide a detailed plan of the outdoor storage areas showing how they
will be delineated on the Property. The delineation is needed to ensure that storage is
managed and does not grow within the site. The site plan must show that the outdoor
storage areas are sized and configured to accommodate the proposed storage items.
Outdoor storage beyond the approved areas shall be prohibited.
2. All the storage areas must be paved with bituminous or concrete. Storage on the grass,
dirt or landscaped areas is prohibited.
3. Applicant must provide details on fence and gate design (location, height, materials,
screening materials, gate security, lock boxes, etc.). Before the fence is erected,
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Applicant must provide exact details on the screening material and color that will be
used for screening on the chain link fence.
4. Applicant shall provide a landscape plan illustrating proposed plant species, location
and size plantings spaced along the proposed fence line prior to any plantings. This
plan must be approved by city staff.
5. Outdoor storage items shall not be stacked above the height of the screened fence or
landscape screen.
6. This Resolution approving Variances shall be recorded against the Property in both the
Office of the Hennepin County Recorder and the Office of the Registrar of Titles in
and for Hennepin County as the Property is both Abstract and Torrens.
Dated the 27th day of February, 2023.
____________________________________
Kathi Hemken, Mayor
Attest: ____________________________
Valerie Leone, City Clerk
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-22301 5701 Intl Parkway - Variance for outdoor storage\Resolution approving
Variance.docx
S:\February 27, 2023 Council Meeting\12.1 Q ‐ Upcoming Events.docx
Request for Action
February 27, 2023
Approved by: Tim W. Hoyt, Acting City Manager
Originating Department: City Manager
By: Tim W. Hoyt, Acting City Manager
Agenda Title
Exchange of communication between members of the city council
Upcoming meetings and events:
Feb. 28 4 p.m. – 7 p.m. Bassett Creek Watershed Public Open House & Idea Exchange at the
Golden Valley Library, 830 Winnetka Avenue North
March 1 1:30 p.m. – Joint Water Commission Meeting
2 p.m. – Business Networking Group Meeting, hosted by Barb Hemberger of Saint
Therese of New Hope
March 6 4 p.m. – Blue Line Coalition Meeting
7 p.m. – Human Rights Commission Meeting
March 7 No Planning Commission Meeting
March 9 12:30 p.m. – Shingle Creek Watershed Management Commission Meeting
1:30 p.m. – Corridor Management Committee Meeting
March 13 7 p.m. – City Council Meeting
Agenda Section
Other Business
Item Number
12.1