030920 City Council Meeting Packet
NEW HOPE CITY COUNCIL
MEETING AGENDA
March 9, 2020
7:00 p.m.
City Hall – Council Chambers
4401 Xylon Avenue North
Mayor Kathi Hemken
Council Member John Elder
Council Member Cedrick Frazier
Council Member Andy Hoffe
Council Member Jonathan London
The City Council wants and encourages citizen participation at Council Meetings. Your input and
opinions count and are valuable. You are encouraged to bring forth your comments and issues at
the appropriate point on the agenda.
A 15-minute maximum Open Forum is held at the beginning of each Council Meeting. At this time
any person may address the Council on any subject pertaining to City business not listed on this
agenda or scheduled as a future agenda item. The Council requests that you limit your presentation
to 3 minutes. Anyone wishing to address the City Council on a particular item should raise their
hand and be recognized by the Mayor. Approach the podium and speak into the microphone by
first stating your name and address. Also, please record your name on the roster at the table near
the door so that your name will be spelled correctly in the minutes.
Individuals should not expect the Mayor or Council to respond to their comments tonight; Council
may refer the matter to staff for handling or for consideration at a future meeting. You are welcome
to contact the city clerk at 763-531-5117 after the council meeting.
COUNCIL MEETING BROADCASTS AND STREAMING
Government Access channel 16 programming includes live/taped meeting replays
Live on-line meetings and past meetings on-demand are available through www.nwsccc.org.
www.newhopemn.gov
New Hope Values and Vision
City Mission
Strong local government that is proactive in responding to the community needs and issues by delivering quality
public service to all city residents, businesses, property owners, and organizations in a prudent and e cient manner.
Values
Excellence and Quality in the Delivery of Services
We believe that service to the public is our reason for being and strive to deliver quality services in a
highly professional and cost-e ective manner.
Fiscal Responsibility
We believe that fi scal responsibility and the prudent stewardship of public funds and city assets is essential if
residents are to have confi dence in government.
Ethics, Integrity and Professionalism
We believe that ethics, integrity, and professionalism are the foundation blocks of public trust and confi dence and
that all meaningful relationships are built on these values.
Respect for the Individual
We believe in the uniqueness of every individual, and welcome, appreciate, and respect diversity and the di ering
of opinions.
Open, Honest, and Respectful Communication
We believe that open, honest, and respectful communication is essential for an informed and involved citizenry
and to foster a positive environment for those interacting with our city.
Cooperation and Teamwork
We believe that the public is best served when all work cooperatively.
Visionary Leadership and Planning
We believe that the very essence of leadership is to be responsive to current goals and needs, and visionary in
planning for the future.
Vision
e city is a great place to grow as a family, individual, or business.
All within our city are safe and secure.
Essential services will be those that promote a safe and healthy environment for all residents.
Essential services and programs will be enhanced and streamlined, and will be provided in an economical manner
and with measurable results.
e city views residents as its greatest asset and seeks their input and participation.
e city will meet the communication needs of citizens, elected o cials, and city sta .
Strategic Goals
e city will maintain and improve its infrastructure (water distribution, storm water, sewer, roads, parks,
lighting, and city facilities).
e city will use frugal spending and resourceful fi nancial management to maintain its fi scal health.
e city will encourage maintenance, redevelopment, and reinvestment of existing properties to improve
or enhance its tax base.
e city will provide core services with a professional sta who are equipped with the necessary tools and
equipment and given necessary direction.
e city will facilitate and improve communications to promote e ective intergovernmental cooperation
between sta , citizens, and Council.
Adopted by the New Hope City Council, August 2006
Reaffirmed by the New Hope City Council, February 2019
CITY COUNCIL MEETING
City Hall, 4401 Xylon Avenue North
Monday, March 9, 2020
7:00 p.m.
Regular Session
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – March 9, 2020
2. ROLL CALL
3. APPROVAL OF MINUTES:
Council Meeting Minutes – February 10, 2020
Council Meeting Minutes – February 24, 2020
4. OPEN FORUM
5. PRESENTATIONS
6. CONSENT BUSINESS
6.2 Approval of financial claims through March 9, 2020
6.4 Resolution declaring adoption and implementation of State performance measures
7. PUBLIC HEARING
8. DEVELOPMENT AND PLANNING
9. PETITIONS AND REQUESTS
10. ORDINANCES AND RESOLUTIONS
10.1 Ordinance No. 20-06, An ordinance amending Chapter 11, Traffic Regulations and
Criminal and Miscellaneous Offenses by adding a new Section 11-11(i) Access to Multi-
dwelling unit buildings by United States Census Bureau employees
10.2 Ordinance No. 20-07, an ordinance amending Sections 3-2, 3-22, and 3-30 of the New
Hope City Code relating to adoption of 2018 international building-related codes
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: March 5, 2020
Subject: Agenda Items for Monday, March 9, 2020
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 no new business license requests for this agenda.
Item 6.2 ‐ involves routine financial claims.
Item 6.3 – there are no new liability claims to report.
Item 6.4
At the February 18 work session, Council expressed support for the continued participation of the
performance measures program. This is a voluntary program, but the city is eligible for 14c per capita
or approximately $3,051 in local government aid for participation. The measures will aid in evaluating
residentsʹ satisfaction with local services. A community‐wide survey will be conducted by the Morris
Leatherman Company during 2020. The survey questions are being drafted and will be presented to
Council in the near future for review. Staff must inform the state by July 1 of the city’s intentions to
participate in the program. I recommend approval.
Item 10.1
Earlier this year Council discussed the need to assist with accurate census counts and whether to adopt an
ordinance requiring multi‐family property owners/managers to allow census works access to their buildings.
The majority of the Council supported adopting an ordinance with inclusion of enforcement language.
Subsequent to the January work session, Mayor Hemken and staff attended a Hennepin County Complete
Count Committee meeting and discussed how other cities were handling similar multi‐family access
ordinances. None of the cities that recently passed ordinances included enforcement language due to
concerns from the community and the difficulty of enforcement. The city attorney’s office has drafted two
ordinances – one with the enforcement language and one without. Council is asked to decide whether the
enforcement language should be included or not. Staff also recommends adoption of a summary ordinance
to save in publication costs. Director Sargent and I recommend approval.
Item 10.2
This ordinance updates the city code to adopt the 2018 versions of the International Building Code,
International Residential Code, International Mechanical Code, International Fuel Gas Code, and
International Property Maintenance Code. The state is adopting the 2018 versions of these codes in March,
Page 2
2020, and the city should follow suit. Staff also recommends adoption of a summary ordinance to save in
publication costs. Director Sargent and I recommend approval.
Item 12.1
Mayor Hemken will review the list of upcoming events/meetings.
If you have any questions regarding items in the agenda packet, please contact me prior to the
meeting so that staff can research any issues and be prepared to respond at the meeting.
New Hope City Council February 10, 2020
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes February 10, 2020
Regular Meeting City Hall, 7:00 p.m.
CALL TO ORDER The New Hope City Council met in regular session pursuant to due call and notice
thereof; Mayor Hemken called the meeting to order at 7:00 p.m.
PLEDGE OF
ALLEGIANCE
The City Council and all present stood for the Pledge of Allegiance. Mayor
Hemken welcomed Cub Scout Troop 3026 from Golden Valley.
ROLL CALL Council present:
Council absent:
Staff present:
Kathi Hemken, Mayor
John Elder, Council Member
Cedrick Frazier, Council Member
Andy Hoffe, Council Member
Jonathan London, Council Member
Kirk McDonald, City Manager
Jeff Alger, Community Development Specialist
Dan Boyum, City Engineer
Tim Fournier, Director of Police
Valerie Leone, City Clerk
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
Bernie Weber, Director of Public Works
Stacy Woods, Assistant City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Elder, seconded by Council Member
Frazier, to approve the regular meeting minutes of January 27, 2020. Voted in
favor thereof: Hemken, Elder, Frazier, Hoffe; and the following voted against the
same: None; Abstained: None; Absent: London. Motion carried.
OPEN FORUM
There was no one present desirous of addressing the council.
PRESENTATIONS:
BEYOND THE
YELLOW RIBBON
QUAD
COMMUNITIES
Item 5.1
Mayor Hemken introduced for discussion Item 5.1, Resolution Reaffirming
Commitment to Beyond the Yellow Ribbon Quad Communities.
Mr. Kirk McDonald, city manager, introduced Tiffany Kovalseki, the new
president of the BRY Quad Communities.
Ms. Kovalseki provided an update of the program and explained the board’s
intentions of expanding the program’s visibility. She encouraged anyone
interested in becoming involved or if there is a need for resources to contact
btyrquad@gmail.com.
New Hope City Council February 10, 2020
Page 2
Council expressed support for the program and thanked Ms. Kovalseki for her
leadership.
RESOLUTION 2020‐19
Item 5.1
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION REAFFIRMING COMMITMENT TO BEYOND THE
YELLOW RIBBON QUAD COMMUNITIES.” 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; and the following voted against the same: None; Abstained: None; Absent:
London; whereupon the resolution was declared duly passed and adopted, signed
by the mayor which was attested to by the city clerk.
ROTATING VOTES
Please note that votes taken on each agenda item are called by the secretary on a
rotating basis; however, the written minutes always list the mayor’s name first
followed by the council members’ in alphabetical order.
CONSENT AGENDA Mayor Hemken introduced the consent items as listed for consideration and stated
that all items will be enacted by one motion unless requested that an item be
removed for discussion. Mr. Kirk McDonald, city manager, reviewed the consent
items.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through February 10, 2020.
RESOLUTION 2020‐20
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 Hoffe,
to approve the Consent items. All present voted in favor. Motion carried.
PUBLIC HEARING
LOS SANCHEZ
TAQUERIA ON‐SALE
LIQUOR LICENSE
Item 7.1
Mayor Hemken introduced for discussion Item 7.1, Motion approving an on‐sale
liquor license to Los Sanchez Taqueria, LLC at 7112 Bass Lake Road.
Mr. Kirk McDonald stated the public hearing is to consider granting an on‐sale
intoxicating liquor license to Los Sanchez Taqueria, LLC, at 7112 Bass Lake Road.
He stated the El Nuevo Nayarita restaurant formerly occupied the site and closed
at the end of 2019. He reported the applicants are Santiago Sanchez Ortiz and Flor
Elena Aguilar Palma. He stated the required background investigation was
conducted, and there is nothing detrimental to report.
Mr. McDonald asked Council to allow for public comment before taking action on
the license. There was no one in the audience desirous of addressing Council for
the public hearing.
The applicants and interpreter (Luis Caire) responded to questions from Council
regarding preventing liquor sales to minors.
It was noted that the applicants operate an establishment in Richfield and
understand the liquor laws. Ms. Palma stated they enforce a strict policy for
checking identification.
New Hope City Council February 10, 2020
Page 3
Mr. Tim Fournier, director of police, stated the New Hope Police Department is
willing to provide identification training at no cost.
Council welcomed the restaurant owners to the city.
CLOSE HEARING
Item 7.1
Motion was made by Council Member Frazier, seconded by Council Member
Elder, to close the public hearing. All present voted in favor. Motion carried.
MOTION
Item 7.1
Motion was made by Council Member Hoffe, seconded by Council Member
Frazier, to approve the on‐sale liquor license to Los Sanchez Taqueria, LLC at
7112 Bass Lake Road. All present voted in favor. Motion carried.
2020 CDBG PROGRAM
Item 7.2
Mayor Hemken introduced for discussion Item 7.2, Resolution ordering published
notice and scheduling public hearing to approve the projected use of funds for the
2020 Urban Hennepin County Community Development Block Grant Program.
Mr. Jeff Sargent, director of community development, stated the public hearing for
allocation of CDBG funds was initially intended to be held February 10. He
explained that Council will be discussing housing programs and funding options
at the February 18 work session, and therefore, it is recommended that the CDBG
hearing be re‐established for February 24.
RESOLUTION 2020‐21
Item 7.2
Council Member Hoffe introduced the following resolution and moved its
adoption: “RESOLUTION ORDERING PUBLISHED NOTICE AND
SCHEDULING PUBLIC HEARING TO APPROVE THE PROJECTED USE OF
FUNDS FOR THE 2020 URBAN HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.” 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; and the following voted against the same: None; Abstained: None; Absent:
London; whereupon the resolution was declared duly passed and adopted, signed
by the mayor which was attested to by the city clerk.
2020 WINNETKA
WATER MAIN
REPLACEMENT
(IMPROVEMENT
PROJECT NO. 1027)
Item 8.1
Mayor Hemken introduced for discussion Item 8.1, Resolution awarding a contract
to G.F. Jedlicki, Inc. for $339,906.00 for the 2020 Winnetka Water Main Replacement
(Improvement Project No. 1027).
Mr. Dan Boyum, city engineer, explained that CenterPoint Energy will be
replacing the gas main belt line on Winnetka Avenue between 27th and 42nd
avenues in spring/summer of 2020. He stated it would be advantageous for the city
to replace the deteriorated water mains is in conjunction with the upcoming
CenterPoint gas main replacement project, and staff plans to work with the city of
Crystal on a joint project for the structure repairs. The city can minimize cost spent
on restoration due to CenterPoint planning to re‐pave the entire east side of the
Winnetka Avenue as part of the belt line replacement project.
Mr. Boyum stated the replacement of the water main on Winnetka Avenue
between 27th and 29th avenues is identified on the city’s 2020 CIP. The existing
water main will be pipe bursted, a process that involves demolishing the pipe in
New Hope City Council February 10, 2020
Page 4
place by boring through the pipe. A new eight‐inch plastic water main will be
bored in the same place as the demolished water main. Two alternative bids were
sought: Alternate number 1‐ 8” fusible PVC, C‐900, DR18 water main pipe bursting
and Alternate number 2‐10” HDPE, DR11 water main pipe bursting. He explained
HDPE is classified by its outside diameter, not inside diameter like PVC and DIP.
He stated the street improvements include minimal bituminous patching and spot
replacement of concrete curb and gutter and sidewalk on Winnetka Avenue North.
He stated Hennepin County will be undertaking a mill/overlay of Winnetka
Avenue North after completion of CenterPoint Energy’s gas main work.
Mr. Boyum reported recommended awarding the contract to the low bidder, G.F.
Jedlicki, Inc. for $339,906.00 with alternate 2. He stated G.F. Jedlicki, Inc. has
previously worked in the city replacing water mains. He stated the engineers
estimate and the amount in the CIP budget is $400,000.
RESOLUTION 2020‐22
Item 8.1
Council Member Frazier introduced the following resolution and moved its
adoption: “RESOLUTION AWARDING A CONTRACT TO G.F. JEDLICKI,
INC. FOR $339,906.00 FOR THE 2020 WINNETKA WATER MAIN
REPLACEMENT (IMPROVEMENT PROJECT NO. 1027).” 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; and the following voted against the same: None; Abstained:
None; Absent: London; whereupon the resolution was declared duly passed and
adopted, signed by the mayor which was attested to by the city clerk.
2020
INFRASTRUCTURE
PROJECT
(IMPROVEMENT
PROJECT NO. 1034)
Item 8.2
Mayor Hemken introduced for discussion Item 8.2, Resolution approving plans
and specifications and authorizing bids for the 2020 Infrastructure Project
(Improvement Project No. 1034).
Mr. Dan Boyum, city engineer, explained the proposed 2020 infrastructure project
consists of street and utility improvements in the residential area bordered by TH
169 to the west, 30th Avenue North to the south, Boone Avenue North to the east,
and 36th Avenue to the north. In addition, full reconstruction of two streets located
east of Boone and north of 36th Avenue are included in the project. He reported a
public hearing on the proposed project was held on October 28 to inform residents
of the project. He stated the current base bid estimated project cost is $2,845,875.
Mr. Boyum explained that several streets are being bid as alternates. He stated four
other smaller pavement projects in the area also being bid as alternates for
favorable competitive bidding prices. He stated bids will be presented at the March
23 Council Meeting, and the project will be funded by the street infrastructure fund
and utility funds.
RESOLUTION 2020‐23
Item 8.2
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND AUTHORIZING BIDS FOR THE 2020 INFRASTRUCTURE PROJECT
(IMPROVEMENT PROJECT NO. 1034).” 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; and the following voted against the same: None; Abstained: None; Absent:
New Hope City Council February 10, 2020
Page 5
London; where upon the resolution was declared duly passed and adopted, signed
by the mayor which was attested to by the city clerk.
NORTHWOOD PARK
BASKETBALL COURT
REPLACEMENT
(IMPROVEMENT
PROJECT NO. 1046)
Item 8.3
Mayor Hemken introduced for discussion Item 8.3, Motion to authorize
preparation of plans and specifications for basketball court replacement at
Northwood Park (Improvement Project No. 1046).
Mr. Dan Boyum, city engineer, reported on the need for replacement of the 25‐year old
basketball court at Northwood Park. He reported staff is requesting the Council’s
authorization for preparation of plans and specifications. The estimated cost is $80,000
and the project is included in the 2020 CIP and 2020 Park Infrastructure budget. At the
meeting of January 13, 2020, Council authorized preparation of plans and specs for
playground improvements at Begin Park. Staff is proposing to solicit bids for both the
Northwood Park basketball court replacement and Begin Park playground
improvements as a cost‐savings effort. He stated the plans and specifications would be
presented to Council on March 23 for consideration of approval.
Council Member Elder inquired of police calls at Northwood Park. Chief Fournier
responded that calls for service is relatively low.
Ms. Susan Rader, director of parks and recreation, pointed out the benefits of the new
style of heavy‐duty basketball hoops designed to accommodate different heights.
MOTION
Item 8.3
Motion was made by Council Member Frazier, seconded by Council Member
Hoffe, to authorize preparation of plans and specifications for basketball court
replacement at Northwood Park (Improvement Project No. 1046). All present
voted in favor. Motion carried.
VEHICLE LIFT
PURCHASE
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 $16,163.85 for
the purchase of a rotary vehicle lift from Minnesota Auquipco, Inc.
Mr. Bernie Weber, director of public works, requested authorization to purchase a
rotary four post drive‐on vehicle lift for the public works facility from Minnesota
Auquipco, Inc. for $16,163.85 to replace a 13‐year old lift. He stated the Central
Garage equipment replacement fund has $18,348 allocated for the equipment
replacement, and the purchase would be made through the state’s cooperative
purchasing program.
RESOLUTION 2020‐24
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 $16,163.85 FOR
THE PURCHASE OF A ROTARY VEHICLE LIFT FROM MINNESOTA
AUQUIPCO, INC.” 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; and the following
voted against the same: None; Abstained: None; Absent: London; whereupon the
resolution was declared duly passed and adopted, signed by the mayor which was
attested to by the city clerk.
New Hope City Council February 10, 2020
Page 6
UTILITY TRACTOR
PURCHASE
Item 10.2
Mayor Hemken introduced for discussion Item 10.2, Resolution authorizing the
purchase of equipment and appropriation of funds in the amount of $129,650 for
purchase of a 2020 Karcher MIC‐84 Municipal Utility Tractor and ancillary
equipment from Minnesota Equipment, Inc.
Mr. Bernie Weber, director of public works, explained the need for a utility tractor
to replace a 10‐year old utility tractor. He recommended the purchase of a 2020
Karcher MIC‐84 municipal utility tractor (sidewalk plow) and ancillary equipment
(broom, plow, and snowblower) from Minnesota Equipment, Inc. for $129,650
through the state cooperative purchasing program. He explained the city 10‐year
old Belos 84 utility tractor has a trade‐in value of $22,000. The cost of the tractor
and ancillary equipment is $151,650 less $22,000 trade‐in for a final cost of $129,650.
He stated the city’s equipment replacement fund has $181,200 dedicated for this
vehicle purchase.
RESOLUTION NO.
2020‐25
Item 10.2
Council Member Frazier introduced the following resolution and moved its
adoption: “RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT
AND APPROPRIATION OF FUNDS IN THE AMOUNT OF $129,650 FOR
PURCHASE OF A 2020 KARCHER MIC‐84 MUNICIPAL UTILITY TRACTOR
AND ANCILLARY EQUIPMENT FROM MINNESOTA EQUIPMENT, INC.”
The motion for the adoption of the foregoing resolution was seconded by Council
Member Elder, and upon vote being taken thereon, the following voted in favor
thereof: Hemken, Elder, Frazier, Hoffe; and the following voted against the same:
None; Abstained: None; Absent: London; whereupon the resolution was declared
duly passed and adopted, signed by the mayor which was attested to by the city
clerk.
EXCHANGE OF
COMMUNICATION
Item 12.1
Mayor Hemken introduced for discussion Item 12.1, Exchange of communication
between members of the City Council.
Mayor Hemken reported on upcoming events.
Council expressed gratitude to the public works department for snow removal
efforts and noted many residents called with positive comments. Hazards caused
by cars parked on streets during snow removal was noted, and the police
department was asked to enforce the city’s ordinance.
Motion was made by Council Member Frazier, seconded by Council Member
Elder, to appoint Heather Fruen to the Human Rights Commission for a two‐
year term. All present voted in favor. Motion carried.
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 8:03 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
New Hope City Council February 24, 2020
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes February 24, 2020
Regular Meeting City Hall, 7:00 p.m.
CALL TO ORDER The New Hope City Council met in regular session pursuant to due call and notice
thereof; Mayor Hemken called the meeting to order at 7:00 p.m.
PLEDGE OF
ALLEGIANCE
The City Council and all present stood for the Pledge of Allegiance.
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
Tim Fournier, Director of Police
Valerie Leone, City Clerk
Jeff Sargent, Director of Community Development
Stacy Woods, Assistant City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Hoffe, seconded by Council Member
Frazier, to approve the work session minutes of January 21, 2020. Voted in favor
thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against
the same: None; Abstained: None; Absent: None. Motion carried.
OPEN FORUM
There was no one present desirous of addressing the council.
ROTATING VOTES
Please note that votes taken on each agenda item are called by the secretary on a
rotating basis; however, the written minutes always list the mayor’s name first
followed by the council members’ in alphabetical order.
CONSENT AGENDA Mayor Hemken introduced the consent items as listed for consideration and stated
that all items will be enacted by one motion unless requested that an item be
removed for discussion. Mr. Jeff Sargent, community development director,
reviewed the consent items.
BUSINESS LICENSES
Item 6.1
Approval of business licenses.
Council Member London asked staff to ensure that lawn fertilizer applicators are
in compliance with all laws concerning wetlands. Director Sargent stated he
believes the issues are addressed through the licensing requirements, and noted
he will confirm with the forester.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through February 24, 2020.
New Hope City Council February 24, 2020
Page 2
RESOLUTION 2020‐26
Item 6.4
Resolution approving agreement between the city of New Hope and Home Free
for the 2020 Domestic Assault Intervention Project.
MOTION
Item 6.5
Motion waiving permit fees for temporary signs for New Hope Lions Pancake
Breakfast on April 26, 2020.
MOTION
Consent Items
Motion was made by Council Member Elder, seconded by Council Member Hoffe,
to approve Consent items 6.1 and 6.5. All present voted in favor. Motion carried.
HOME FREE
AGREEMENT
Item 6.4
Mayor Hemken introduced for discussion Item 6.4, Resolution approving
agreement between the city of New Hope and Home Free for the 2020 Domestic
Assault Intervention Project.
Council Member Elder commented regarding the 15% fee increase. He noted the
rate was flat for the past three years. He stated Home Free is a dedicated partner
to the northwest metro in aiding persons of domestic abuse.
Mr. Tim Fournier, director of police, explained that funds are in the 2020 budget
to cover the $36,900 contractual arrangement. He stated the services provided by
Home Free greatly benefit the community. He introduced Elsa Swenson of Home
Free.
Ms. Swenson, Program Manager of Home Free, explained the funding increase
represents the cost of .5 full‐time equivalent legal advocate dedicated to the city of
New Hope. She reported that Home Free provides an immediate response to
domestic assault for victims in northwest Hennepin County, responding to over
100 incidents of domestic assault in the city of New Hope annually. She indicated
although the number of people served since 2016 has not significantly increased,
the advocates are working with people for a longer period of time and also deal
with a greater variety of issues (mental health and chemical abuse). She also spoke
of the housing shortage and the need for safe housing.
Council thanked Ms. Swenson for the work provided by Home Free.
RESOLUTION 2020‐26
Item 6.4
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY
OF NEW HOPE AND HOME FREE FOR THE 2020 DOMESTIC ASSAULT
INTERVENTION PROJECT.” The motion for the adoption of the foregoing
resolution was seconded by Council Member Frazier, and upon vote being taken
thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe,
London; and the following voted against the same: None; Abstained: None;
Absent: None; whereupon the resolution was declared duly passed and adopted,
signed by the mayor which was attested to by the city clerk.
PUBLIC HEARING
2020 CDBG FUNDS
Item 7.1
Mayor Hemken introduced for discussion Item 7.1, Resolution approving
application for 2020 Urban Hennepin County Community Development Block
Grant (CDBG) Program funds and authorizing execution of sub‐recipient
agreement with Urban Hennepin County and any third party agreements.
New Hope City Council February 24, 2020
Page 3
Mr. Jeff Sargent, director of community development, explained the purpose of
the public hearing is to consider the projected use of CDBG program funds. He
stated the city is projected to receive $107,000 in 2020 of which 15% (or
approximately $16,000) will be allocated for Public Service Activities. Similar to
last year, Public service agencies will apply for the funding directly through
Hennepin County. Taking into account the unspent 2019 grant funds of $61,000
and the 2020 allocation of $91,000, the city has a total of $152,000 to allocate to
eligible programs. He noted at the February work session Council discussed
resources for housing programs and Council expressed support for splitting the
funds between the single‐family housing rehab program and the scattered site
housing program that could aid in the construction or rehab of an affordable home
for low‐income families.
Council Member London recalled discussion at the work session regarding the
rehabilitation loan program for residents to make repairs to single‐family homes.
He noted Habitat for Humanity may not be prepared to undertake a project this
year.
Mr. Sargent stated the county has 11 people on the waiting list for the housing
rehab loan program and the $152,000 would likely satisfy the funding needs of all
the applicants. He stated he believes Habitat for Humanity is interested in
pursuing a project in New Hope for an income‐qualified family to live in New
Hope.
Mayor Hemken opened the public hearing for comments. There was no one
present to address the Council for the public hearing.
Council Member Frazier noted by splitting the funds between the two programs,
it allows the city to assist current residents and to attract new residents.
Mayor Hemken explained the housing programs have been successful and the city
will continue to retain options.
CLOSE HEARING
Item 7.1
Motion was made by Council Member Frazier, seconded by Council Member
Elder, to close the public hearing. All present voted in favor. Motion carried.
RESOLUTION 2020‐27
Item 7.1
Council Member Frazier introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING APPLICATION FOR 2020 URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FUNDS AND AUTHORIZING EXECUTION OF SUB‐
RECIPIENT AGREEMENT WITH URBAN HENNEPIN COUNTY AND ANY
THIRD PARTY AGREEMENTS.” The motion for the adoption of the foregoing
resolution was seconded by Council Member Elder, and upon vote being taken
thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe; and
the following voted against the same: London; 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
Mayor Hemken introduced for discussion Item 12.1, Exchange of communication
between members of the City Council.
New Hope City Council February 24, 2020
Page 4
Item 12.1 Mayor Hemken reported on upcoming events.
Motion was made by Frazier, seconded by Elder, to appoint Scott Kulzer to the
Citizen Advisory Commission and Wendy Brostrom to the Personnel Board.
Voting in favor: Hemken, Elder, Frazier, Hoffe; Abstained: London. Motion
carried.
Council Member Frazier explained there were several good candidates, and the
Council thanks everyone who expressed interest in serving the city.
ADJOURNMENT
Motion was made by Council Member Frazier, seconded by Council Member
Elder, to adjourn the meeting, as there was no further business to come before
the Council. All present voted in favor. Motion carried. The New Hope City
Council adjourned at 7:29 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
G:\City Manager\AGENDA\6.2 R-Approval of Claims Merge Doc.docx
Request for Action
March 9, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: City Manager
By: Kirk McDonald, City Manager
Agenda Title
Approval of claims through March 9, 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\Performance Measurements Program\3‐9‐20\Q&R ‐ Performance Measures Program 03‐09‐20.docx
Request for Action
March 9, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: Community Development
By: Brandon Bell, CD Assistant
& Kirk McDonald, City Manager
Agenda Title
Resolution declaring adoption and implementation of State performance measures
Requested Action
Staff recommends that the City Council adopt a resolution implementing the state performance measures to
aid in evaluating residents’ satisfaction with local services. Many metro area and out of state cities are
participating in the program, and notification of participation must be submitted to the state by July 1, 2020.
Policy/Past Practice
In 2011, the Minnesota Legislature’s Council on Local Results and Innovation released a standard set of ten
performance measures for cities to aid residents, taxpayers, and state and local officials in determining the
effectiveness of cities in providing services and to measure the residents’ opinions of those services. The city
has participated in the program since 2011 to evaluate residents’ satisfaction with city services. Cities that
participate in the program are eligible for a reimbursement of $0.14 per capita, resulting in approximately
$2,800 per year for New Hope.
Background
At the February 18, 2020, work session, the City Council expressed support for participating in the 2020
performance measures survey program. Staff proposes to utilize the information obtained from a
professional community‐wide survey conducted by The Morris Leatherman Company in conjunction with
quantifiable performance measures (statistics such as average police response time) for the state
performance program.
Funding
The city would receive approximately $3,051 from the state for the per capita reimbursement.
Recommendation
Staff recommends adoption of a resolution declaring participation and implementation of State performance
measures for 2020.
Attachments
Resolution
Agenda Section
Consent
Item Number
6.4
City of New Hope
Resolution No. 2020 ‐
Resolution declaring adoption and implementation of State performance measures
WHEREAS, the State Legislature created the Council on Local Results and Innovation which set a standard
set of ten performance measures for cities that will aid residents, taxpayers and state and local
elected officials in determining the efficiency of local services; and
WHEREAS, the city of New Hope has participated in the new standards measure program voluntarily since
2011 and wishes to do so again in 2020, and the city may be eligible for a reimbursement and
exemption from levy limits; and
WHEREAS, the city has adopted the following performance measures:
1. Rating of the overall quality of services in New Hope
2. Percent change in the taxable property market value
3. Citizens’ rating of the overall general appearance of the city
4. Bond rating
5. Citizens’ rating of the quality of city recreational programs and facilities
6. Citizens’ likelihood of using public transit if readily available
7. Citizens’ support of funding home repair and improvement programs
8. Part I and II crime rates
9. Citizens’ rating of safety in the community
10. Average police response time
11. Insurance industry rating of fire services
12. Citizens’ rating of the fire protection services
13. Fire calls per 1,000 population
14. Average city pavement rating index
15. Citizens’ rating of overall condition of county streets
16. Citizens’ rating of overall condition of city roads
17. Citizens’ rating of the quality of snowplowing on city streets
18. Citizens’ rating of the dependability and overall quality of city water supply
19. Citizens’ rating of the quality of stormwater management in the city
20. Citizens’ rating of the dependability and overall quality of city sanitary sewer service
21. Number of sewer blockages on city system per 1,000 connections
22. Citizens’ rating of the quality of code enforcement
23. Citizens’ rating of communication/distribution of information
WHEREAS, the city is utilizing the services of The Morris Leatherman Company to conduct a professional city
survey in 2020 to evaluate residents’ satisfaction with city services.
NOW, THEREFORE, BE IT RESOLVED that the New Hope City Council will report the results of the
performance measures to its citizenry by the end of the year through publication, direct mailing,
posting on the city’s website, or through a public hearing at which the budget and levy will be
discussed and public input allowed.
BE IT FURTHER RESOLVED, the city of New Hope will submit to the Office of the State Auditor the actual
results of the performance measures adopted by the city.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, the 9th day of March,
2020.
Mayor
Attest: City Clerk
I:\RFA\COMM DEV\2020\City Council\03‐09‐20 Census Multifamily Access Ordinance\Q ‐ 2020 Census Multifamily Access Ordinance 03‐09‐20.docx
Request for Action
March 9, 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. 20‐06, An ordinance amending Chapter 11, Traffic Regulations and Criminal and
Miscellaneous Offenses by adding a new Section 11‐11(i) Access to Multi‐dwelling unit buildings by United
States Census Bureau employees
Requested Action
Staff requests that the City Council approve an ordinance requiring multifamily property owners/managers
to allow census workers access to their buildings during the decennial census.
Policy/Past Practice
It is a past practice of the city to amend ordinances to accommodate the changing needs of the community.
Background
At the January 21, 2020, work session, the majority of the City Council directed staff to prepare an ordinance
requiring apartment building owners and managers to grant Census Bureau enumerators access to their
buildings. The city has a significant number of housing units that are categorized as “historically
undercounted,” including multi‐family properties, renter occupied properties, and senior living facilities.
Participation in the census is mandatory; however, the Census Bureau does not prosecute for noncompliance.
Similarly, building owners and managers are asked to grant census takers access to buildings but are not
prosecuted for noncompliance. The ordinance is intended give building owners/managers additional reason
to comply with allowing census takers into their buildings. It also gives building owners/managers an
opportunity to let residents know about the importance of participating in the census and the ability to
provide information about who lives in any given unit. At the January 21, 2020, work session, staff was
directed to prepare an ordinance that included enforcement language. The language would allow city staff
the option of citing multifamily property owners who refuse entry.
On January 23, 2020, Mayor Hemken and staff attended a Hennepin County Complete Count Committee
meeting. Representatives from several cities noted that they were in the process of adopting or had already
adopted similar multifamily access ordinances. Cities that have passed ordinances include Brooklyn Park,
Columbia Heights, Edina, and Plymouth. None of the other cities included enforcement language as part of
their ordinances. Difficulty of enforcement and concerns from the community and municipal partners
about the impact of penalties were cited as the reasons for not including the language. Subsequent to the
meeting, Mayor Hemken requested that staff also prepare an ordinance without enforcement language. As a
result, the city attorney has prepared two versions of the ordinance:
1. Multifamily access ordinance with enforcement language.
2. Multifamily access ordinance without enforcement language.
The first ordinance, which includes enforcement language, would allow the city to issue administrative
notices/citations to property owners who refuse to comply.
Agenda Section
Ordinances &
Resolutions
Item Number
10.1
Request for Action, Page 2
Recommendation
Staff recommends that the City Council approve an ordinance requiring multifamily property
owners/managers to allow census workers access to their buildings during the decennial census. It is
recommended that the City Council determine if the ordinance should include enforcement language (option
1) or exclude enforcement language (option 2). Staff also recommends that the City Council approve a
summary ordinance to help in reducing publishing costs.
Attachments
Ordinance 20‐06 option #1 (with enforcement language)
Ordinance 20‐06 option #2 (without enforcement language)
Summary ordinance
Work session minutes (January 21, 2020)
1
ORDINANCE NO. 20-06
AN ORDINANCE AMENDING CHAPTER 11, TRAFFIC REGULATIONS AND
CRIMINAL AND MISCELLANEOUS OFFENSES BY ADDING A NEW
SECTION 11-11(i) ACCESS TO MULTI-DWELLING UNIT BUILDINGS BY
UNITED STATES CENSUS BUREAU EMPLOYEES
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Chapter 11, TRAFFIC REGULATIONS AND CRIMINAL AND
MISCELLANEOUS OFFENSES, is hereby amended to add a new Section 11-11
Miscellaneous offenses (i) Access to Multi-dwelling unit buildings by United States Census
Bureau employees by adding the underlined text as follows:
Sec. 11-11 (i) Access to Multi-dwelling unit buildings by United States Census Bureau
employees.
(1) Declaration of Purpose.
a. The United States Constitution directs a decennial census count of all persons living
in the United States.
b. Complete, accurate census data is of critical importance to all residents of the city for
equal political representation, fair distribution of federal and state funding, and sound
planning and investment in infrastructure, real estate, business development, and
public policy and programming.
c. During the decennial census, the United States Census Bureau conducts Non-
Response Follow-up Operations (NRFU), when employees of the United States
Census Bureau visit households that have not yet submitted a census form.
d. Renters and others who live in multi-dwelling unit buildings have historically been at
higher risk of being undercounted in the decennial census, with the number of renter
households in an area being the most influential variable affecting an area’s census
self-response rate; in other words, the more renters in an area, the lower the self-
response rate of that area.
e. The risk of an undercount is compounded in areas with high concentrations of
communities that have been consistently undercounted in the past and who are more
likely to be renters, including low-income households, communities of color, Native
American/American Indian communities, immigrants and refugees, and young
people.
f. Multi-dwelling unit buildings can be difficult for Census Bureau employees to enter
due to security barriers.
Option #1 – With
enforcement language
2
g. It is critical that Census Bureau employees have access to multi-dwelling unit
buildings during the decennial census, so they can reach households that have not yet
participated.
h. 13 U.S. Code §223 authorizes Census Bureau employees to access “any hotel,
apartment house, boarding or lodging house, tenement, or other building.”
(2) It is unlawful for a person, either directly or indirectly, to deny access to an apartment
building, condominium, dormitory, nursing home, manufactured home park, other multi-
dwelling unit building used as a residence, or an area in which one or more single-family
dwellings are located on private roadways, to employees of the United States Census
Bureau who display current, valid Census Bureau credentials and who are engaged in
official census counting operations during the Census Bureau’s standard operational
hours of 9:00 a.m. to 9:00 p.m. (local time) during the decennial census.
(3) Census Bureau employees granted access must be permitted to leave census materials in
an orderly manner for residents at their doors, except that the manager of a nursing home
may direct that the materials be left at a central location within the facility.
(4) This ordinance does not prohibit:
a. denial of admittance into a particular apartment, room, manufactured home, or
personal residential unit;
b. denial of permission to visit certain persons for valid health reasons, in the case of a
nursing home or a Registered Housing with Services Establishment providing
assisted-living services meeting the requirements of Minn. Stat. § 144G.03, subd. 2;
c. limiting visits to a reasonable number of Census Bureau employees;
d. requiring a prior appointment or notification to gain access to the structure; or
e. denial of admittance to or expulsion of an individual employee from a multi-
dwelling unit building for good cause.
(5) A violation of subsection (i) of this section is an administrative offense that may be
subject to an administrative citation and civil penalties as provided in City Code Section
2-60.
Section 2. Effective Date. This ordinance shall be effective upon passage and publication
APPROVED by the New Hope City Council this 9th day of March, 2020.
Kathi Hemken, Mayor
3
ATTEST:
Valerie Leone, City Clerk
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-82006 2020 Census Multifamily Access Ord \Access to Multi-Dwelling Unit Building
by U.S. Census Bureau Employees with admin citation.docx
1
ORDINANCE NO. 20-06
AN ORDINANCE AMENDING CHAPTER 11, TRAFFIC REGULATIONS AND
CRIMINAL AND MISCELLANEOUS OFFENSES BY ADDING A NEW
SECTION 11-11(i) ACCESS TO MULTI-DWELLING UNIT BUILDINGS BY
UNITED STATES CENSUS BUREAU EMPLOYEES
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Chapter 11, TRAFFIC REGULATIONS AND CRIMINAL AND
MISCELLANEOUS OFFENSES, is hereby amended to add a new Section 11-11
Miscellaneous offenses (i) Access to Multi-dwelling unit buildings by United States Census
Bureau employees by adding the underlined text as follows:
Sec. 11-11 (i) Access to Multi-dwelling unit buildings by United States Census Bureau
employees.
(1) Declaration of Purpose.
a. The United States Constitution directs a decennial census count of all persons living
in the United States.
b. Complete, accurate census data is of critical importance to all residents of the city for
equal political representation, fair distribution of federal and state funding, and sound
planning and investment in infrastructure, real estate, business development, and
public policy and programming.
c. During the decennial census, the United States Census Bureau conducts Non-
Response Follow-up Operations (NRFU), when employees of the United States
Census Bureau visit households that have not yet submitted a census form.
d. Renters and others who live in multi-dwelling unit buildings have historically been at
higher risk of being undercounted in the decennial census, with the number of renter
households in an area being the most influential variable affecting an area’s census
self-response rate; in other words, the more renters in an area, the lower the self-
response rate of that area.
e. The risk of an undercount is compounded in areas with high concentrations of
communities that have been consistently undercounted in the past and who are more
likely to be renters, including low-income households, communities of color, Native
American/American Indian communities, immigrants and refugees, and young
people.
f. Multi-dwelling unit buildings can be difficult for Census Bureau employees to enter
due to security barriers.
Option #2 – Without
enforcement language
2
g. It is critical that Census Bureau employees have access to multi-dwelling unit
buildings during the decennial census, so they can reach households that have not yet
participated.
h. 13 U.S. Code §223 authorizes Census Bureau employees to access “any hotel,
apartment house, boarding or lodging house, tenement, or other building.”
(2) It is unlawful for a person, either directly or indirectly, to deny access to an apartment
building, condominium, dormitory, nursing home, manufactured home park, other multi-
dwelling unit building used as a residence, or an area in which one or more single-family
dwellings are located on private roadways, to employees of the United States Census
Bureau who display current, valid Census Bureau credentials and who are engaged in
official census counting operations during the Census Bureau’s standard operational
hours of 9:00 a.m. to 9:00 p.m. (local time) during the decennial census.
(3) Census Bureau employees granted access must be permitted to leave census materials in
an orderly manner for residents at their doors, except that the manager of a nursing home
may direct that the materials be left at a central location within the facility.
(4) This ordinance does not prohibit:
a. denial of admittance into a particular apartment, room, manufactured home, or
personal residential unit;
b. denial of permission to visit certain persons for valid health reasons, in the case of a
nursing home or a Registered Housing with Services Establishment providing
assisted-living services meeting the requirements of Minn. Stat. § 144G.03, subd. 2;
c. limiting visits to a reasonable number of Census Bureau employees;
d. requiring a prior appointment or notification to gain access to the structure; or
e. denial of admittance to or expulsion of an individual employee from a multi-
dwelling unit building for good cause.
Section 2. Effective Date. This ordinance shall be effective upon passage and publication
APPROVED by the New Hope City Council this 9th day of March, 2020.
__________________________
Kathi Hemken, Mayor
ATTEST
___________________________________
Valerie Leone, City Clerk
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-82006 2020 Census Multifamily Access Ord \Access to Multi-Dwelling Unit Building
by U.S. Census Bureau Employees without admin citation.docx
1
SUMMARY OF ORDINANCE NO. 20-06
AN ORDINANCE AMENDING CHAPTER 11, TRAFFIC REGULATIONS AND
CRIMINAL AND MISCELLANEOUS OFFENSES BY ADDING A NEW
SECTION 11-11(i) ACCESS TO MULTI-DWELLING UNIT BUILDINGS BY
UNITED STATES CENSUS BUREAU EMPLOYEES
Ordinance No. 20-06 amends Chapter 11 of the New Hope City Code to require that multifamily
property owners/managers allow census workers access to their buildings during the decennial
census.
The full version of Ordinance No. 20-04 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 March 9, 2020, and shall
become effective upon publication.
Valerie Leone
City Clerk
(Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun-Post on March 19, 2020)
City Council Work Session January 21, 2020
Page 5
estimated that it would take between 70-100 hours of staff time to gather and submit
the required data. If the City Council does not wish to explore pursuing “Step 4” at this
time, staff will continue to utilize the program to help the city achieve its sustainability
goals through the implementation of the 29 best practices.
Mr. Alger reported that New Hope ranks second of the 129 participating cities in total
number of best practice actions.
Mr. Kirk McDonald, city manager, indicated the city will continue to track initiatives
and participate as time permits.
Council Member London complimented staff for the city’s ranking of second out of
129 cities. He suggested staying at step 3 unless the city’s ranking decreases
substantially.
Council Member London inquired of the reason the new city hall was not designed as
LEED certified building. Mr. McDonald stated he will consult the architect for a
response.
2020 CENSUS
MULTIFAMILY
ACCESS
ORDINANCE/
RESOLUTION
Item 11.7
Mayor Hemken introduced for discussion item 11.7, Discuss 2020 Census multifamily
access ordinance/resolution.
Mr. Jeff Alger, community development specialist, stated last fall staff was asked to
research the possibility of adopting an ordinance requiring apartment building owners
and managers to grant Census Bureau enumerators access to their buildings. He
reported the city has a significant number of housing units that are categorized as
“historically undercounted,” including multi-family properties, renter occupied
properties, and senior living facilities. Participation in the census is mandatory;
however, the Census Bureau does not prosecute for noncompliance. Similarly,
building owners and managers are asked to grant census takers access to buildings but
are not prosecuted for noncompliance.
He stated the state encourages cities to adopt resolutions or ordinances to allow census
workers access to multifamily buildings similar to the state law that grants political
candidates access to multifamily buildings.
It was noted that the city of Edina recently approved an ordinance and Ramsey County
has drafted a resolution for consideration.
Discussion ensued regarding the proposed ordinance. It was noted that the ordinance
would give building owners/managers an additional reason to comply with allowing
census takers into their buildings. It would also give building owners/managers an
opportunity to let residents know about the importance of participating in the census
and the ability to provide information about who lives in any given unit.
Council Member London expressed concerns that tenants could be harassed by census
workers.
Council discussed current practices by census workers.
City Council Work Session January 21, 2020
Page 6
Council Member Frazier indicated the Census Bureau can coordinate with apartment
managers to notify them of the dates they will be in the area.
Council Member Frazier emphasized the importance of accurate counts as the
community could lose a congressional seat and federal funding.
Mr. McDonald stated residents are encouraged to complete the census on-line.
Mayor Hemken indicated a mailed notice will be sent in March and a paper
questionnaire will follow only if a household does not complete the online
questionnaire. She stated the Census Bureau staff will attempt to reach persons who
do not respond by going door-to-door in the month of August.
Mr. Alger reported on various measures that will be undertaken to increase
community awareness of the census. Council Member Frazier noted the school district
will also be sharing information with students to educate families of the importance of
participating in the census.
The majority of the Council supported the draft ordinance and directed staff to finalize
the ordinance for consideration at a future meeting. It was agreed to include
enforcement language based on the administrative citation program.
ADJOURNMENT The meeting was adjourned at 8:02 p.m. as there was no further business to come
before the Council at its work session.
Respectfully submitted,
Valerie Leone, City Clerk
I:\RFA\COMM DEV\2020\City Council\3‐9‐20 International Building Code\Q ‐ Ordinance 20‐07 International Building Code 03‐09‐20.docx
Request for Action
March 9, 2020
Approved by: Kirk McDonald, City Manager
Originating Department: Community Development
By: Brandon Bell, CD Assistant
and Jeff Sargent, CD Director
Agenda Title
Ordinance No. 20‐07, an ordinance amending Sections 3‐2, 3‐22, and 3‐30 of the New Hope City Code relating
to adoption of 2018 international building‐related codes
Requested Action
Staff requests that the City Council approve an ordinance amending Sections 3‐2, 3‐22, and 3‐30 of the New
Hope City Code adopting 2018 versions of the International Building Code, International Residential Code,
International Mechanical Code, International Fuel Gas Code, and International Property Maintenance Code.
Policy/Past Practice
It is a past practice of the city to amend ordinances to conform with amendments to state building codes in an
effort to protect public health, safety, and general welfare as they relate to the construction and occupancy of
buildings and structures.
Background
The city utilizes the latest International Building Code (IBC), International Residential Code (IRC),
International Mechanical Code (IMC), International Fuel Gas Code (IFGC), and International Property
Maintenance Code (IPMC) adopted by the state of Minnesota. The state is adopting the 2018 IBC, IRC, IMC,
IFGC, and IPMC at the end of March 2020, so the city will need to change the years in its building code to
reflect those changes as well. The draft ordinance changes references to building‐related codes from 2012 to
2018.
In an effort to prevent this from occurring in the future, staff inquired about amending the City Code to
utilize general language stating that the city uses the most recent version adopted by the state.
According to the assistant city attorney, the year or version of the actual code being referenced within the
City Code must be included in order to provide clarity as to the exact provisions of each referenced code
that has been adopted by the city. Instead, it will be necessary for the City Code to be updated whenever the
state of Minnesota adopts a new version of the IBC, IRC, IFC, IMC, and IFGC.
Recommendation
Staff recommends that the City Council adopt Ordinance No. 20‐07, an ordinance amending Sections 3‐2, 3‐
22, and 3‐30 of the New Hope City Code relating to adoption of 2018 international building‐related codes.
Attachments
Ordinance 20‐07
Summary ordinance
Agenda Section
Ordinances &
Resolutions
Item Number
10.2
ORDINANCE NO. 20-07
AN ORDINANCE AMENDING SECTIONS 3-2, 3-22 AND 3-30 OF THE
NEW HOPE CITY CODE RELATING TO ADOPTION OF
2018 INTERNATIONAL BUILDING-RELATED CODES
THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS:
Section 1. Section 3-2, Building Code is hereby amended to repeal the strikeouts and add the
underlined text as follows:
(a) State building code adopted. The Minnesota State Building Code identified as MSBC
and established pursuant to Minn. Stat. §§ 326B.101 to 326B.1974 and published in
Minnesota Rules Chapters 1300 through 1370 and incorporating the Minnesota Plumbing
Code Chapter 4715 of Minnesota Rules is hereby adopted by reference and shall be
administered and enforced as the building code of the city. The MSBC is hereby
incorporated in this Code as if set out in full, including the following specifications in
subsections 3-2(a)(1) through 3-22(d) of this Code.
(1) e. Chapter 1305 —Adoption of the 20182012 International Building Code (hereafter
IBC). The adoption of this chapter specifically includes IBC Mandatory Chapters 2
through 33 and 35 except as qualified by the applicable provisions in Minnesota Rules
Chapter 1300 and as amended by Minnesota Rules Chapter 1305.
g. Chapter 1309 —Adoption of the 20182012 International Residential Code (hereafter
IRC). The adoption of this chapter specifically includes the IRC Chapters 2 through 10,
44, Section P2904, and Appendix K, except as qualified by the applicable provisions in
Minnesota Rules, Chapter 1300, and as amended by Minnesota Rules Chapter 1309.
h. Chapter 1311 – Rehabilitation of Existing Buildings. For the purposes of this
chapter, “IEBC” means the 20182012 edition of the International Existing Building
Code as promulgated by the International Code Council (ICC), Washington, D.C. The
adoption of this chapter incorporates by reference IEBC chapters 2 to 16 as
incorporated into the Minnesota State Building Code, except as qualified by the
applicable provisions in Minnesota Rules Chapter 1300, and as amended by Minnesota
Rules Chapter 1311.
o. Chapter 1346 —Adoption of the 20182012 International Mechanical and Fuel Gas
Codes.
(3) b. Adopted by reference. The Minnesota State Building Code incorporates by
reference the National Electrical Code (NEC) pursuant to Minnesota Rules
§1315.02000020. The NEC, as adopted by the Minnesota State Building Code, shall
constitute the electrical code of the city.
2
Section 2. Section 3-22 is hereby amended to repeal the strikeouts and add the underlined text as
follows:
(c) Adopted code and rules on file. One copy of the 20182012 IBC and IRC and one
copy of the current Minnesota State Building Code, each marked as the official copy
are filed for use and examination by the public in the office of the city clerk as
provided by Minn. Stat. §471.62.
Section 3. Section 3-30, Property maintenance code is hereby amended to repeal the strikeouts
and add the underlined text as follows:
(d) Code adopted. The International Property Maintenance Code, 20182012 edition, as
published by the International Code Council, is adopted as the property maintenance
code of the city, for the control of buildings and structures as provided in this section,
and each and all of the definitions, regulations, provisions, penalties, conditions and
terms of such code are referred to, adopted and made a part of this section as if fully
set out in this section, with the additions, insertions, deletions and changes as set forth
in subsection (e) "Revisions" of this section.
Section 4. That if any section, subsection, sentence, clause or phrase of this Ordinance is, for
any reason, held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance.
Section 5. That nothing in this Ordinance or in the Property Maintenance Code hereby
adopted shall be construed to affect any suit or proceeding pending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action acquired or existing, under any
act or ordinance hereby repealed as cited herein; nor shall any just or legal right or remedy of
any character be lost, impaired or affected by this Ordinance.
Section 6. Effective Date. This ordinance shall be effective upon passage and publication.
APPROVED by the New Hope City Council this _____ day of March, 2020.
Kathi Hemken, Mayor
ATTEST
Valerie Leone, City Clerk
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-82007
Building Code Amendment\Ordinance 20-07 - Building Code
Changes.docx
1
SUMMARY OF ORDINANCE NO. 20-07
AN ORDINANCE AMENDING SECTIONS 3-2, 3-22, AND 3-30 OF THE NEW HOPE
CITY CODE RELATING TO ADOPTION OF
2018 INTERNATIONAL BUILDING-RELATED CODES
Ordinance No. 20-07 amends Chapter 3 of the New Hope City Code to adopt 2018 versions of the
International Building Code, International Residential Code, International Mechanical Code,
International Fuel Gas Code, and International Property Maintenance Code.
The full version of Ordinance No. 20-07 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 March 9, 2020, and shall
become effective upon publication.
Valerie Leone
City Clerk
(Published in the Crystal, Robbinsdale, New Hope, Golden Valley Sun-Post on March 19, 2020)
I:\RFA\City Manager\2020\12.1 Q ‐ Upcoming Events.docx
Request for Action
March 9, 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:
March 10 7:30 a.m. – District 281 Government Advisory Council Meeting
7 p.m. – Citizen Advisory Commission Meeting
March 11 1:30 p.m. – Joint Water Commission Meeting at Golden Valley
March 12 12:30 p.m. – Shingle Creek Watershed Management Commission Meeting at
Brooklyn Park
March 16 6/6:30 p.m. – City Council Work Session
March 18 2 p.m. – Business Networking Group Meeting at The Lodge of New Hope,
2765 Virginia Ave N
3 p.m. – North Metro Mayors Board Meeting/Day at the Capital at State Capital
March 19 8:30 a.m. – Bassett Creek Watershed Management Commission Meeting at
Golden Valley
March 20 2 p.m. – DARE Graduation at Robbinsdale Spanish Immersion School
March 23 7 p.m. – City Council Meeting
Agenda Section
Other Business
Item Number
12.1