11 28 22 City Council MinutesNew Hope City Council November 28, 2022
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City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes November 28, 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:
Kathi Hemken, Mayor
John Elder, Council Member
Andy Hoffe, Council Member
Michael Isenberg, Council Member
Jonathan London, Council Member
Brandon Bell, CD Coordinator/Management Analyst
Dave Johnson, Police Captain
Rich Johnson, Director of HR/Admin. Services
Valerie Leone, City Clerk
Jeff Sargent, Director of Community Development
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 October 17, 2022. 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.
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. Items 6.5 and 6.6 were removed for discussion.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through November 28, 2022.
RESOLUTION 2022‐123
Item 6.4
Resolution designating polling places in the city of New Hope.
New Hope City Council November 28, 2022
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MOTION
Consent Items
Motion was made by Council Member Elder, seconded by Council Member Hoffe,
to approve Consent items 6.2 and 6.4. All present voted in favor. Motion carried.
CONSENT ITEMS
REMOVED FOR
DISCUSSION
Item 6.5
Mayor Hemken introduced for discussion Item 6.5, Resolution extending the
Memorandum of Understanding between Tim Hoyt and the City of New Hope for
Director of Police and Acting City Manager until February 1, 2023.
Council London requested more information for the public’s benefit regarding the
options for the city manager position and the two‐month extension of the current
memorandum of understanding (MOU).
Council Member Elder indicated Hoyt’s MOU is effective through December 1,
2022, and an extension until February 1, 2023, will allow the City Council time to
make a decision on the city manager appointment. He agreed it is necessary to
determine whether a savings would be realized by reorganization and having
Hoyt continue serving in a dual role of police chief and city manager.
Mr. Rich Johnson, director of HR/administrative services, explained the Council
held a discussion at the November 21 work session regarding Hoyt’s service as
acting city manager. He stated Hoyt has been serving as police chief/acting city
manager since June 1 and if he is appointed to continue the dual role, the savings
is projected at $150,000 annually. He stated the options for the City Council to
consider relative to permanently filling the city manager role include:
appoint Hoyt as police chief/city manager (dual role) effective February 1,
2023
appoint a different person as city manager
pursue an external recruitment process utilizing a consultant.
Mr. Johnson acknowledged that cities typically have a separate police chief and
city manager, but the dual role may be an option at this time for New Hope.
Discussion ensued regarding transparency with the community, consideration of
public input, whether re‐organization may be needed in the police department,
considering what’s in the city’s best interest, and the potential cost savings to the
city.
RESOLUTION 2022‐124
Item 6.5
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION EXTENDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN TIM HOYT AND THE CITY OF NEW HOPE
FOR DIRECTOR OF POLICE AND ACTING CITY MANAGER UNTIL
FEBRUARY 1, 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; 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.
RESOLUTION 2022‐125
Item 6.6
Mayor Hemken introduced for discussion Item 6.6, Resolution declaring the dual
roles of Police Chief and Acting City Manager and eligibility of Tim Hoyt to
participate in the Public Employees Police and Fire Plan.
New Hope City Council November 28, 2022
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Council Member London expressed concern that the agenda item was
“recommended for approval” by Hoyt and Johnson. He pointed out a potential
conflict of interest since it affects compensation package.
Mr. Rich Johnson, director of HR/administrative services, agreed to remove Hoyt’s
name from the recommendation. He stated the resolution was a template provided
by PERA and is intended solely to address the current situation of Hoyt serving as
acting city manager.
RESOLUTION 2022‐125
Item 6.5
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION DECLARING THE DUAL ROLES OF POLICE
CHIEF AND ACTING CITY MANAGER AND ELIGIBILITY OF TIM HOYT
TO PARTICIPATE IN THE PUBLIC EMPLOYEES POLICE AND FIRE PLAN.”
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; 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.
ENTERPRISE FLEET
MANAGEMENT
LEASE AGREEMENT
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Resolution approving
agreement with Enterprise Fleet Management for lease of vehicles.
Mr. Jeff Sargent, director of community development, explained on June 28, 2021,
the City Council approved a resolution approving an agreement with Enterprise
Fleet Management for the lease of 14 police vehicles. The rationale for leasing the
vehicles was based on the city’s ability to optimize fleet management by improving
average replacement time to keep the fleet up to date with current technology. The
lease program also provides for budget stability with more consistent cash outlay.
Last, establishing a proactive replacement plan maximizes potential equity at time
of resale which reduces operational expenses.
Mr. Sargent requested the City Council’s approval to add seven vehicles to the
leased fleet of vehicles managed by Enterprise Fleet Management. He stated at the
work session of May 16, 2022, staff reviewed the proposal and Council was
supportive of proceeding to lease seven additional vehicles. He stated the vehicles
that will be replaced include all four community development inspector vehicles
with Chevrolet Traverse SUVs and three public works vehicles with one 2022 Ford
F‐250 and two 2023 RAM 1500s. He commented on the current unavailability of
some Ford vehicles due to the current market situation. He stated staff of Abdo
Financial Solutions also support the action.
Council Member London commented that it appears the leased vehicles are larger
types than the existing vehicles (F‐150 to F‐250 and Ford Fusions to SUVs). He also
questioned the cost analysis.
Mr. Sargent explained that Enterprise uses the state’s cooperative purchasing
program and makes large volume purchases which result in a cost savings. He
stated the central garage supervisor and Abdo are tracking and evaluating the
New Hope City Council November 28, 2022
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lease program. He noted the vehicle resale at the end of the lease is one factor that
is used in determining the type of vehicle to lease. He noted the life cycle of the
lease is about three years at which time a determination of costs can be made
(maintenance costs, lease costs, resale value).
Council Member Elder spoke of the benefits to leasing vehicles such as higher
resale value and ease of vehicle maintenance.
RESOLUTION 2022‐126
Item 10.1
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING AGREEMENT WITH ENTERPRISE
FLEET MANAGEMENT FOR LEASE OF VEHICLES.” 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; 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.
TETRAHYDRO‐
CANNABINOL
PRODUCTS
Item 10.2
Mayor Hemken introduced for discussion Item 10.2, Ordinance No 22‐08, An
ordinance amending chapter 8 of the New Hope City Code by adding Section 8‐
41, regulating tetrahydrocannabinol products, and adoption of Summary
Ordinance for publication purposes.
Mr. Jeff Sargent, director of community development, stated a new law was
enacted at the end of 2022 legislative session that allows certain edible and
beverage products infused with tetrahydrocannabinol (THC) to be sold. He stated
the ordinance adds section 8‐41 to the city code to license the sale of
tetrahydrocannabinol products. Council reviewed the draft ordinance at its work
session of November 21 and supported adoption of the ordinance subject to a
maximum of 20 licenses. A background investigation will be required of all
applicants, and the annual business license fee will be set at $500. He stated
business license holders will be notified of the new ordinance.
Mayor Hemken asked the city attorney of any concerns.
Ms. Stacy Woods, city attorney, stated the licensing will allow oversight of who is
selling THC products.
Council Member London asked whether the city could ban THC products.
Ms. Woods indicated the city could impose restrictions such as zoning areas or
distance requirements from schools. She stated it would be difficult to outright ban
the sale of THC products, and there is no state law “opt out” provision for cities.
She indicated the license fees should be set to cover the cost of regulating only.
ORDINANCE 22‐08
Item 10.2
Council Member Hemken introduced the following ordinance and moved its
adoption: “ORDINANCE NO 22‐08, AN ORDINANCE AMENDING CHAPTER
8 OF THE NEW HOPE CITY CODE BY ADDING SECTION 8‐41,
REGULATING TETRAHYDROCANNABINOL PRODUCTS, AND
ADOPTION OF SUMMARY ORDINANCE FOR PUBLICATION PURPOSES.”
The motion for the adoption of the foregoing ordinance was seconded by Council
New Hope City Council November 28, 2022
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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.
FRANCHISE FEES
Item 10.3
Mayor Hemken introduced for discussion Item 10.3, Ordinance No. 22‐12, An
ordinance amending electric and gas franchise fees in the New Hope City Code
and Fee Schedule.
Mr. Brandon Bell, community development coordinator/management analyst,
explained the ordinance amendment increases the gas and electric franchise fees
effective March, 2023. He stated the item was discussed at the October work
session and Council was in general agreement that the fees should be aligned
closer to the average of the fees charged by other area cities. He stated holding a
public hearing was optional and staff felt it was beneficial to allow for public
comment. A notice was published in the Sun Post.
Mayor Hemken opened the floor for public comment. There was no one present
desirous of addressing the Council for the public hearing.
Council Member London noted his opposition to franchise fees as they can be
perceived as a hidden tax. He pointed out public works does not have detailed
records of the infrastructure repairs in right‐of‐way to justify the franchise fees
charged by utility companies for public and private use in the right‐of‐way.
Council Member Elder recommended the communications coordinator post an
article on the city’s website regarding the purpose of franchise fees.
Council Member Isenberg noted the residential rate increases are modest.
CLOSE HEARING
Item 10.3
Motion was made by Council Member Elder, seconded by Council Member
Isenberg, to close the public hearing. All present voted in favor. Motion carried.
ORDINANCE 22‐12
Item 10.3
Council Member Hemken introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 22‐12, AN ORDINANCE AMENDING
ELECTRIC AND GAS FRANCHISE FEES IN THE NEW HOPE CITY CODE
AND FEE SCHEDULE.” The motion for the adoption of the foregoing ordinance
was seconded by Council Member Hoffe, 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 ordinance 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.
New Hope City Council November 28, 2022
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Motion was made by Council Member Elder, seconded by Council Member Hoffe
to appoint Matthew London to Human Rights Commission as student member.
Voting in favor: Hemken, Elder, Hoffe, Isenberg; Abstained: London. Motion
carried.
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 7:54 p.m.
Respectfully submitted,
Valerie Leone, City Clerk