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08 08 22 City Council MinutesNew Hope City Council August 8, 2022 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes August 8, 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 Tim Hoyt, Acting City Manager Dan Boyum, City Engineer Valerie Leone, City Clerk Bernie Weber, Director of Public Works Stacy Woods, City Attorney APPROVAL OF MINUTES Motion was made by Council Member London, seconded by Council Member Isenberg, to approve the regular meeting minutes of July 25, 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. Tim Hoyt, acting city manager, reviewed the consent items. FINANCIAL CLAIMS Item 6.2 Approval of financial claims through August 8, 2022. RESOLUTION 2022-89 Item 6.4 Resolution approving final pay request to Sunram Construction, Inc. for playground improvement site work at Jaycee Park (Improvement Project No. 1026). New Hope City Council August 8, 2022 Page 2 RESOLUTION 2022-90 Item 6.5 Resolution approving final payment to Northwest Asphalt, Inc. in the amount of $38,400 for the 2020 Infrastructure Improvement Project (Improvement Project No. 1034). 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. AWARD CONTRACT 2022-2023 SANITARY SEWER LINING PROJECT 1086 Item 8.1 Mayor Hemken introduced for discussion Item 8.1, Resolution awarding contract to Insituform Technologies USA, LLC in the amount of $513,411.60 for the 2022- 2023 Sanitary Sewer Lining Project (Improvement Project No. 1086). Mr. Dan Boyum, city engineer, stated bids were opened on July 28 for the 2022 and 2023 sanitary sewer lining project. The sewer lining work of two years was combined into one project to achieve favorable bids. Three bids were received, and the low bid was submitted by Insituform Technologies for $434,078.20 (base bid) plus five alternates for a total of $513,411. He stated the alternates were included for budgetary reasons to permit using the entire 2022 and 2023 capital improvement program funds of $350,000 per year. He stated the 2022 sanitary sewer lining will occur within the area evaluated as part of the flow monitoring program completed in 2019. Sanitary pipe will also be lined adjacent to the proposed noise wall along TH 169 from Independence to 62nd Avenue North. The 2023 sanitary sewer lining will finish one remaining street in the 2022 improvement area and include the northeast corner of the city. Mr. Boyum stated the city has utilized the services of Insituform Technologies USA, LLC in the past with good results. He stated the work will occur during the winters of 2022 and 2023. Mr. Boyum responded to questions from Council regarding metering devices used to measure reduction of inflow and infiltration. Council Member London asked staff to provide an estimate of when the re-lining will be completed for the city’s entire sanitary sewer system. RESOLUTION 2022-91 Item 8.1 Council Member Isenberg introduced the following resolution and moved its adoption: “RESOLUTION AWARDING CONTRACT TO INSITUFORM TECHNOLOGIES USA, LLC IN THE AMOUNT OF $513,411.60 FOR THE 2022- 2023 SANITARY SEWER LINING PROJECT (IMPROVEMENT PROJECT NO. 1086).” 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, 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 INFRASTRUCTURE IMPROVEMENT PROJECT Mayor Hemken introduced for discussion Item 8.2, Resolution authorizing the preparation of a feasibility report for construction of the 2023 Infrastructure Improvement project (Improvement Project No. 1090). New Hope City Council August 8, 2022 Page 3 (IMPROVEMENT PROJECT NO. 1090) Item 8.2 Mr. Dan Boyum, city engineer, illustrated proposed locations for street and utility improvements as identified in the city’s pavement management plan near the east side of Northwood Park covering 4.78 miles. He explained the feasibility report will outline the proposed improvements and identify all tax-exempt properties in the project area and approximate assessment costs. He showed maps of water main break history and the Pavement Rating Index (PRI) of street conditions in 2021. Mr. Boyum explained the cost estimate is $5,070,000, and the street infrastructure fund will be the major funding source. He also reviewed the proposed project schedule. Council Member London noted since inception of the pavement management plan staff has done a good job maintaining the streets and delayed street work when possible. He acknowledged there are cost efficiencies when replacing large areas of pavement but encouraged staff to continually evaluate road conditions and only recommend street work where it is warranted. Council Member Isenberg questioned the rating process. Mr. Boyum explained that ground penetrating radar is used to rate street conditions. He noted more information will be available after completion of the feasibility report. RESOLUTION 2022-92 Item 8.2 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION AUTHORIZING THE PREPARATION OF A FEASIBILITY REPORT FOR CONSTRUCTION OF THE 2023 INFRASTRUCTURE IMPROVEMENT PROJECT (IMPROVEMENT PROJECT NO. 1090).” 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. 3957 WISCONSIN AVENUE NORTH REVOCATION OF RENTAL LICENSE Item 10.1 Mayor Hemken introduced for discussion Item 10.1, Resolution establishing findings of fact and conclusions of law relating to revocation of rental property registration permit for Berkeley Heights Homes LLC for violation of rental property registration permit requirements for having a third instance of disorderly behavior at the property located at 3957 Wisconsin Avenue North. Mr. Tim Hoyt, acting city manager, explained a public hearing to consider the revocation of the rental property registration permit for 3957 Wisconsin Avenue North was held at the July 25, 2022, City Council Meeting. Disorderly behavior slips were issued to residents at the property on June 12, 2022, June 20, 2022, and June 30, 2022. At the July 25, 2022, City Council Meeting, the City Council heard relevant evidence and arguments and reviewed all testimony, documents, and other evidence submitted related to issuance of the disorderly behavior slips. It was determined that the property owner had violated Section 3-31(i) of the City Code by allowing tenants of the property to engage in three or more acts of disorderly behavior at the property within a 12-month period. New Hope City Council August 8, 2022 Page 4 Following the public hearing, staff was directed to prepare a resolution revoking the rental registration permit for Berkeley Heights Homes LLC, as the owner of the property at 3957 Wisconsin Avenue North and prohibiting the owner from re- applying for another rental registration permit for 3957 Wisconsin Avenue North or any other property in the city of New Hope for at least one year. The resolution requires that tenants of 3957 Wisconsin Avenue North must vacate the property within 45 days (September 22, 2022) and prohibits the property owner from having an ownership interest in any other entity that attempts to apply for another rental registration permit for 3957 Wisconsin Avenue North or any other property in the city for at least one year. Mr. Hoyt recommended the City Council adopt the resolution which was prepared by the city attorney. RESOLUTION 2022-93 Item 10.1 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION ESTABLISHING FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO REVOCATION OF RENTAL PROPERTY REGISTRATION PERMIT FOR BERKELEY HEIGHTS HOMES LLC FOR VIOLATION OF RENTAL PROPERTY REGISTRATION PERMIT REQUIREMENTS FOR HAVING A THIRD INSTANCE OF DISORDERLY BEHAVIOR AT THE PROPERTY LOCATED AT 3957 WISCONSIN AVENUE NORTH.” 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. 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 Member Hoffe extended thanks to all the OBMT performers for this year’s musical production. 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 7:38 p.m. Respectfully submitted, Valerie Leone, City Clerk