09 12 22 City Council MinutesNew Hope City Council September 12, 2022
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City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes September 12, 2022
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:
Also 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
Jeff Alger, Community Development Specialist
Valerie Leone, City Clerk
Nick Macklem, Stormwater Specialist
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
Aaron Thelen, Recreation Supervisor
Bernie Weber, Director of Public Works
Stacy Woods, City Attorney
Erin Enstad, Abdo
Vicki Holthaus, Abdo
APPROVAL OF
MINUTES
Motion was made by Council Member Hoffe, seconded by Council Member Elder,
to approve the work session meeting minutes of August 15, 2022, the executive
session meeting minutes of August 15, 2022, and the regular meeting minutes of
August 22, 2022. All present voted in favor. Motion carried.
OPEN FORUM
Mr. Kaamil Dakane, The Lucky Ash, inquired regarding obtaining a tobacco
license as he is interested in opening a cigar and tobacco shop. Mayor Hemken
explained that all 21 licenses have been issued. Mr. Dakane was advised of the
license renewal process that occurs before year‐end and to check back with the city
regarding license availability.
PRESENTATION:
2022 SAFETY CAMP
CONTRIBUTIONS
Item 5.1
Mayor Hemken introduced for discussion Item 5.1, Motion accepting
contributions for the 2022 Safety Camp.
Mr. Aaron Thelen, recreation supervisor, reported on the success of the 2022 Safety
Camp which had 75 participants. He pointed out the registration fees were covered
by Affinity Plus Federal Credit Union. He acknowledged the 20+ businesses and
New Hope City Council September 12, 2022
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organizations that provided generous donations and also expressed appreciation
to the safety camp volunteers, coordinators, and leaders. Mr. Thelen illustrated
photos of the three‐day program.
MOTION
Item 5.1
Motion was made by Council Member Elder, seconded by Council Member
Isenberg, to accept contributions for the 2022 Safety Camp. All present voted in
favor. Motion carried.
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. Tim Hoyt, acting city manager, reviewed the consent
items.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through September 12, 2022.
RESOLUTION 2022‐97
Item 6.4
Resolution providing for hearing on assessments for 2022 delinquent utility
service charges, administrative citations, and alarm and mowing charges.
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.
9220 BASS LAKE
ROAD, SUITE LL85
CUP REVOCATION
(PLANNING CASE
22‐02)
Item 7.1
Mayor Hemken introduced for discussion Item 7.1, Resolution establishing
findings of fact and conclusions of law relating to revocation of Conditional Use
Permit for Isaiah Pantoe doing business as The River of Covenant International
Ministry at the property located at 9220 Bass Lake Road, Suite LL85 (New Hope
Planning Case 22‐02).
Mr. Jeff Sargent, director of community development, On June 27, 2022, the City
Council approved a Conditional Use Permit (CUP) for The River of Covenant
International Ministry to open a church at 9220 Bass Lake Road in Suite LL85. The
approval was subject to several conditions, many of which related to making
structural changes to the suite and building to allow for the introduction of an
assembly use in the basement of the building.
Mr. Sargent explained it was discovered that the church was holding services in
the tenant space prior to meeting any of these conditions of approval. The church
and building owner/manager were notified on August 18, 2022, that staff would
be recommending revocation of the CUP at the September 12, 2022, City Council
Meeting. He stated a new owner purchased the building in July of 2022 and the
church and ownership have been unable to reach an agreement on how to pay for
the costs associated with renovations needed to allow for the assembly use.
Mr. Sargent stated the city attorney has prepared the resolution, which states that
the City Council has the authority to initiate the revocation of an approved CUP
which provides the responsible holder of the permit the opportunity to appear
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before the City Council to show cause why the permit should not be revoked. The
petitioner has stated that he will not be in attendance and requested permission to
remove belongings from the suite. According to the building manager, as of
August 30, 2022, the church had moved out of the building. The “Findings of Fact”
portion of the resolution states that the church failed to comply with conditions set
for in the CUP which all provide health and safety protections including fire
prevention for the attendees of the services and any occupants of the building and
that despite not complying with these conditions, in‐person services were held
within the suite.
Staff recommends that the City Council conduct a public hearing and approve a
resolution establishing findings of fact and conclusions of law relating to
revocation of Conditional Use Permit for Isaiah Pantoe doing business as The River
of Covenant International Ministry at the property located at 9220 Bass Lake Road,
Suite LL85.
Mayor Hemken opened the floor for comments from the audience. There was no
one present to address the Council for the public hearing.
CLOSE HEARING
Item 7.1
Motion was made by Council Member Elder, seconded by Council Member Hoffe,
to close the public hearing. All present voted in favor. Motion carried.
RESOLUTION 2022‐98
Item 7.1
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION ESTABLISHING FINDINGS OF FACT AND
CONCLUSIONS OF LAW RELATING TO REVOCATION OF CONDITIONAL
USE PERMIT FOR ISAIAH PANTOE DOING BUSINESS AS THE RIVER OF
COVENANT INTERNATIONAL MINISTRY AT THE PROPERTY LOCATED
AT 9220 BASS LAKE ROAD, SUITE LL85 (NEW HOPE PLANNING CASE 22‐
02).” The motion for the adoption of the foregoing resolution was seconded by
Council Member London, 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.
2023 PRELIMINARY
HRA LEVY
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Resolution authorizing the
preliminary HRA levy for 2023.
Mr. Tim Hoyt, acting city manager, stated the proposed HRA levy for 2023 is
$437,850, and it must be approved by both the Council and the EDA.
RESOLUTION 2022‐99
Item 10.1
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION AUTHORIZING THE PRELIMINARY HRA LEVY
FOR 2023.” 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, 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.
New Hope City Council September 12, 2022
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2023 GENERAL FUND
BUDGET AND
PRELIMINARY
PROPERTY TAX LEVY
Item 10.2
Mayor Hemken introduced for discussion Item 10.2, Resolution approving 2023
proposed general fund budget and preliminary property tax levy, and setting
public hearing date for the 2023 budget and preliminary property tax levy.
Mr. Tim Hoyt, acting city manager, introduced Vicki Holthaus, a representative of
Abdo (the city’s financial consultant), to assist with the budget presentation. He
stated the City Council is asked to adopt the resolution for the preliminary 2023
budget and to approve the maximum preliminary property tax levy. He outlined
the budget process and timeline for submission of a preliminary and final tax levy
to the county auditor. He stated the general fund budgets will be reviewed at the
September 19 work session, and the utility and enterprise fund budgets will be
reviewed at the October 17 work session. He stated a public comment meeting is
proposed for December 5, 2022 with the final budget to be adopted at the Council
Meeting of December 12, 2022 to enable certifying the final levy to the county and
the department of revenue.
Mr. Hoyt reviewed the major changes in the general fund budget and the local
government aid revenue.
Ms. Vicki Holthaus, Abdo, reviewed the proposed general fund budget of
$17,235,207 for 2023 which is an increase of $1,056,014 over 2022. She stated the
total 2023 proposed tax levy is $19,053,316 which is $822,305 (or 4.51%) increase
over last year. Ms. Holthaus stated the total tax levy includes the general fund,
street and park infrastructure funds, EDA levy, HRA levy, and prior debt levies.
Ms. Holthaus explained the median home value in 2023 is $325,000, which is an
18% increase from 2022. She stated the current estimated impact on residential
homes based on the proposed 4.5% increase in city tax levy is 8%. This is primarily
attributed to an estimated 18% increase in the market value of residential homes;
an increase which is disproportionate to the change in commercial and industrial
valuations.
For homes valued between $150,000 and $400,000 the tax increase estimate is $61
to $192. The city tax rate is projected to decrease from 62.82% in 2022 to 57.23% in
2023.
Ms. Holthaus stated more budget discussions between Council and staff will take
place over the next several months before Council is asked to approve the final tax
levy.
Council Member Isenberg asked how New Hope’s levy increase compares to other
cities. Ms. Holthaus stated New Hope’s 4.5% increase is relatively low in
comparison to other cities surveyed by Abdo.
Council Member London commented that the city’s 4.5% levy increase impacts
residential properties by approximately 8%. He asked that the budget memo
included in the 2023 budget be revised to include Ms. Holthaus’ explanation about
the commercial and industrial property valuations. Ms. Holthaus indicated she
and the city clerk will update the memo accordingly.
New Hope City Council September 12, 2022
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RESOLUTION 2022‐100
Item 10.2
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING 2023 PROPOSED GENERAL FUND
BUDGET AND PRELIMINARY PROPERTY TAX LEVY, AND SETTING
PUBLIC HEARING DATE FOR THE 2023 BUDGET AND PRELIMINARY
PROPERTY TAX LEVY.” 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, Hoffe, Isenberg; 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.
RENTAL PROPERTY
REGISTRATION
PERMIT ORDINANCE
AMENDMENT
Item 10.3
Mayor Hemken introduced for discussion Item 10.3, Ordinance No. 22‐05, An
ordinance amending Section 3‐31(e)(1) of the New Hope City Code related to
rental property registration permit (and summary ordinance for publication
purposes).
Mr. Jeff Sargent, director of community development explained at the July 25, 2022,
City Council meeting, the City Council considered the revocation of the rental
registration permit for the property located at 3957 Wisconsin Avenue. During the
process staff realized the current ordinance does not prohibit a license holder from
reapplying for a new rental license registration permit the day following
revocation of a rental license. He noted although revocation of a rental registration
permit is rare, the revocation is to discontinue a use that has been proven to be
injurious to the tenants or surrounding neighborhood. Staff feels that there should
be a “cooling off” period incorporated in the City Code to ensure that the injurious
situation is corrected prior to the reestablishment of a rental license by the same
owner.
Mr. Sargent stated the proposed ordinance states that if a registration permit has
been revoked, the owner of the rental property is barred from applying for a new
registration permit for any property in the city for one year and the owner may not
have an ownership interest in any other entity that attempts to apply for another
rental registration permit for any property in the city for at least one year.
Following discussion, Council recommended the ordinance be amended to read
the owner is barred from applying for a new registration permit in the city for “up
to three years”.
ORDINANCE 22‐05
Item 10.3
Council Member London introduced the following ordinance with the verbal
amendment and moved its adoption: “ORDINANCE NO. 22‐05, AN
ORDINANCE AMENDING SECTION 3‐31(E)(1) OF THE NEW HOPE CITY
CODE RELATED TO RENTAL PROPERTY REGISTRATION PERMIT (AND
SUMMARY ORDINANCE FOR PUBLICATION PURPOSES).” The motion for
the adoption of the foregoing ordinance was seconded by Council Member Elder,
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 ordinance was declared duly
passed and adopted, signed by the mayor which was attested to by the city clerk.
New Hope City Council September 12, 2022
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DEICER BULK
STORAGE FACILITY
REQUIREMENTS
ORDINANCE
AMENDMENT
Item 10.4
Mayor Hemken introduced for discussion Item 10.4, Ordinance No. 22‐06, An
ordinance amending section 9‐17 of the New Hope City Code related to deicer bulk
storage facility requirements (and summary ordinance for publication purposes).
Mr. Nick Macklem, stormwater specialist, stated items 10.4 and 10.5 both relate to
stormwater ordinance updates. He stated adoption of Ordinance 22‐06 will meet
the MPCA’s new requirement regarding the establishment of a regulator
mechanism for deicer bulk storage facilities. The intent of the language is to
prevent stockpiled deicer materials such as road salt and sand from entering the
storm sewer and ultimately surface waters.
ORDINANCE 22‐06
Item 10.4
Council Member Elder introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 22‐06, AN ORDINANCE AMENDING SECTION
9‐17 OF THE NEW HOPE CITY CODE RELATED TO DEICER BULK
STORAGE FACILITY REQUIREMENTS (AND SUMMARY ORDINANCE
FOR PUBLICATION PURPOSES).” The motion for the adoption of the foregoing
ordinance 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 ordinance was declared duly passed and adopted,
signed by the mayor which was attested to by the city clerk.
DRAINAGE
DEVELOPMENT
STANDARDS FOR
LINEAR PROJECTS
ORDINANCE
AMENDMENT
Item 10.5
Mayor Hemken introduced for discussion Item 10.5, Ordinance No. 22‐07, An
ordinance amending section 5‐7(b)(5) of the New Hope City code related to
drainage development standards for linear projects (and summary ordinance for
publication purposes).
Mr. Nick Macklem, stormwater specialist, stated adoption of Ordinance 22‐07 will
meet the MPCA’s new requirement regarding the establishment of a regulator
mechanism for linear development projects that create or reconstruct one acre or
more of impervious surface. The text changes mirror the MPCA’s model language
and the Shingle Creek Watershed Management Commission’s rules and standards
amendments that were passed in April of 2022. He explained the new
requirements only impact larger scale redevelopment projects such as street
reconstruction, trail or sidewalk projects. He stated Stantec is aware of the
requirement and addresses it in the record plans.
ORDINANCE 22‐07
Item 10.5
Council Member London introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 22‐07, AN ORDINANCE AMENDING SECTION
5‐7(B)(5) OF THE NEW HOPE CITY CODE RELATED TO DRAINAGE
DEVELOPMENT STANDARDS FOR LINEAR PROJECTS (AND SUMMARY
ORDINANCE FOR PUBLICATION PURPOSES).” The motion for the adoption
of the foregoing ordinance was seconded by Council Member Elder, 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 ordinance 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 September 12, 2022
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Item 12.1
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 8:10 p.m.
Respectfully submitted,
Valerie Leone, City Clerk