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12 12 22 City Council MinutesNew Hope City Council December 12, 2022 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes December 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: Kathi Hemken, Mayor John Elder, Council Member (arrived at 7:27 p.m.) Andy Hoffe, Council Member Michael Isenberg, Council Member Jonathan London, Council Member Tim Hoyt, Acting City Manager Brandon Bell, CD Coordinator/Management Analyst Dan Boyum, City Engineer Rich Johnson, Director of HR/Admin. Services Valerie Leone, City Clerk Susan Rader, Director of Parks & Recreation Pete Stanley, Police Sergeant 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 canvass board meeting minutes of November 14, 2022. Voted in favor thereof: Hemken, Hoffe, Isenberg, London; and the following voted against the same: None; Abstained: None; Absent: Elder. Motion carried. Motion was made by Council Member Isenberg, seconded by Council Member Hoffe, to approve the regular meeting minutes of November 14, 2022. Voted in favor thereof: Hemken, Hoffe, Isenberg, London; and the following voted against the same: None; Abstained: None; Absent: Elder. Motion carried. OPEN FORUM There was no one present desirous of addressing the council. PRESENTATION: FOURTH JUDICIAL DISTRICT UPDATE Item 5.1 Mayor Hemken introduced for discussion Item 5.1, Update by Chief Judge Barnette of the Fourth Judicial District of Minnesota which serves Hennepin County. Chief Judge Barnette of the Fourth Judicial District, explained the community outreach to cities is intended to provide the city council and citizens an overview of the courts and an opportunity for questions. He stated the fourth judicial district has 63 judges, 12 referees, and 564 staff (full-time equivalent). The New Hope City Council December 12, 2022 Page 2 divisions include civil, criminal, family, juvenile, probate/mental health. Judge Barnette commented on the courts’ activities and the increase in remote hearings since the pandemic. He noted remote hearings have benefited many participants and are safer for family court. Mayor Hemken thanked Judge Barnette for the update. 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. Item 6.1 was removed for discussion. FINANCIAL CLAIMS Item 6.2 Approval of financial claims through December 12, 2022. RESOLUTION 2022-127 Item 6.4 Resolution approving re-appointments to Citizen Advisory Commission, Human Rights Commission, Personnel Board, Planning Commission and West Metro Fire-Rescue Board of Directors. RESOLUTION 2022-128 Item 6.5 Resolution approving final payment to Allied Blacktop Company for $41,964.20 for the 2022 Crack Repair and Seal Coat project (Improvement Project No. 1084). MOTION Item 6.6 Motion accepting donations from the Minneapolis Regional Chamber for the New Hope Crime Prevention Fund and the 2023 Safety Camp. MOTION Item 6.7 Motion accepting additional Parks and Recreation donations for the Movie at the Golf Course, Trick or Trot event, and Movie at the Ice Arena. RESOLUTION 2022-129 Item 6.8 Resolution acknowledging notification of the New Hope Police Department’s participation and potential future request for controlled property through the Law Enforcement Support Program (LESO). MOTION Consent Items Motion was made by Council Member Hoffe, seconded by Council Member London, to approve Consent items 6.2 through 6.8. All present voted in favor. Motion carried. CONSENT ITEM REMOVED FOR DISCUSSION Business Licenses Item 6.1 Mayor Hemken introduced for discussion Item 6.1, Approval of business licenses. Council Member London noted Council is asked to approve various licenses for 78 businesses. He questioned whether the city should consider complaints or other performance criteria when considering renewals. He noted that many waste haulers had difficulty complying with trash and yard waste collection this year. New Hope City Council December 12, 2022 Page 3 City Clerk Leone commented that waste hauling is a contractual arrangement between residents and the garbage hauler, and the city does not typically intervene with missed collections unless it involves the recycling program. Council Member London stated the city could implement organized hauling which would allow city oversight. Ms. Leone stated complaints made through the website are tracked. She also mentioned staff can only enforce what is outlined in city code. Council agreed to discuss the business license renewal process at a future work session. Council Member Elder joined the council meeting at 7:27 p.m. MOTION Consent Items Motion was made by Council Member London, seconded by Council Member Isenberg, to approve Consent Item 6.1, Approval of business licenses. All present voted in favor. Motion carried. TOBACCO/LIQUOR VIOLATIONS Item 7.1 Mayor Hemken introduced for discussion Item 7.1, Appearances by licensees regarding consequences for failing tobacco or liquor compliance checks. Mr. Tim Hoyt, police chief/acting city manager, stated 33 tobacco and liquor compliance checks were conducted on October 17, 2022, by the Police Department, and seven businesses failed the checks. All of the alleged violations are considered first violations relative to the fine schedule. He explained in accordance with city code, the businesses that failed have been invited to the Council Meeting regarding the alleged violation. The licensee must admit or deny the allegation. He noted the penalty, as outlined in the code, for a first-time tobacco violation within a 36– month period is a $300 fine and either a suspension of tobacco sales for 3 days or training of all employees by the police department. The fine for a liquor compliance check failure within 24 months is $250 fine and either a suspension of liquor sales for 3 days or training of all employees by the police department. Mr. Hoyt stated Sergeant Stanley is in attendance to address any questions regarding the failures. He recommended that Council call upon each business to address the Council. He indicated after tonight’s hearing the city clerk will mail the businesses a notice containing instructions on payment of the fine and identification training or license suspension period. Mr. Hoyt stated after conducting the hearing, two motions should be passed; one to close the hearing and the second to impose the fines. Mayor Hemken called upon representatives of the following businesses: Business Address Violation Speedway 9400 36th Ave N Tobacco – first Family Dollar 8001 Bass Lake Road Tobacco - first LaPicante Market 7914 Bass lake Road Tobacco – first Holiday 7201 Bass Lake Road Tobacco – first Cinema Grill 2749 Winnetka Ave N Liquor - first New Hope City Council December 12, 2022 Page 4 New Hope Liquor 8001 Bass Lake Road, Suite B Tobacco – first; and Liquor – first Winnetka Liquor 3544 Winnetka Ave N Tobacco – first; and Liquor – first Representatives of Speedway, LaPicante Market, Holiday, Cinema Grill, New Hope Liquor and Winnetka Liquor admitted to the alleged violations. There was no one present from Family Dollar, and failure to appear is admittance of the alleged violation. Council Member Elder commented regarding the seriousness of failing compliance checks and stated the city expects licensees to check buyers’ identifications. Sergeant Pete Stanley was recognized. He commented that all businesses were cooperative during the compliance checks and were open to suggestions and identification training. He stated a tobacco compliance check was conducted earlier this year and no fines were issued as it was an educational effort through the state. Mr. Hoyt stated the police department’s goal is to conduct two compliance checks per year. There was no one else in the audience desirous of addressing the Council for the public hearing. Mayor Hemken thanked the businesses for attending the meeting and asked the businesses to be more diligent to prevent sales to minors. CLOSE HEARING Item 7.1 Motion was made by Council Member Elder, seconded by Council Member Isenberg, to close the public hearing. All present voted in favor. Motion carried. MOTION Item 7.1 Motion was made by Elder, seconded by Council Member Isenberg, to impose fines as outlined in city code 8-7 and 10-23 for Speedway, Family Dollar, LaPicante Market, Holiday, Cinema Grill, New Hope Liquor and Winnetka Liquor. All present voted in favor. Motion carried. 2023 LIQUOR LICENSE RENEWALS Item 7.2 Mayor Hemken introduced for discussion Item 7.2, Consideration of liquor license renewals for year 2023. Mr. Tim Hoyt, police chief/acting city manager, stated staff recommends the Council consider liquor license renewals for establishments with on-sale, off-sale, and malt liquor licenses. Mr. Hoyt indicated the license holders have furnished the necessary renewal applications for the 2023 license period to the city clerk. He reviewed the summary of incidents over the past year. Council Member London questioned the police calls for Los Sanchez Taqueria. He noted it is important for the city to continue to have a good reputation in liquor establishments. New Hope City Council December 12, 2022 Page 5 Mr. Hoyt stated the calls average three per month which is not significant. He noted that Community Engagement Officer Brad Kallio has a meeting in place with the owner next week to assist the business with safety and security measures. Council Member Isenberg expressed his gratitude to Officer Kallio for the proactive approach. Mr. Hoyt reviewed the various licenses and liquor establishments requesting renewal: On-Sale Restaurant (fee $6,200) Applebee’s, 4203 Winnetka Avenue North Hy-Vee Market Grille, 8200 42nd Avenue North Los Sanchez Taqueria LLC, 7112 Bass Lake Road New Hope Golf Course, 8130 Bass Lake Road Palm Entertainment (Pub 42), 7600 42nd Avenue North Winnetka Pizza (Frankie’s), 3566 Winnetka Avenue North Cinema Grill & Outtakes, 2749 Winnetka Avenue North On-Sale Bowling Center (fee $6,200) New Hope Bowl, 7107 42nd Avenue North Microdistillery (fee $800) Pocket Square Cocktail Lounge, 7530 42nd Avenue North Off-Sale (fee $380) Hy-Vee Wine & Spirits, 8202 42nd Avenue North New Hope Liquor, 8001 Bass Lake Road Viking Liquor, 7141 42nd Avenue North Winnetka Liquors, 3544 Winnetka Avenue North Off-Sale Malt Liquor (fee $100) Hy-Vee Food Store, 8200 42nd Avenue North Speedway, 6144 West Broadway Mr. Hoyt recommended the Council accept any comments, close the hearing, and take action on the license renewals. Mayor Hemken opened the public hearing. There was no one present to address Council for the public hearing. CLOSE HEARING Item 7.2 Motion was made by Council Member Isenberg, seconded by Council Member Elder, to close the public hearing. All present voted in favor. Motion carried. MOTION Item 7.2 Motion was made by Elder, seconded by Council Member London, to renew licenses. All present voted in favor. Motion carried. LIBERTY PARK (IMPROVEMENT PROJECT NO. 1094) Mayor Hemken introduced for discussion Item 8.1, Resolution authorizing the appropriation of funds in the amount of $190,554.67 for playground equipment, installation and site work at Liberty Park (Improvement Project No. 1094). New Hope City Council December 12, 2022 Page 6 Item 8.1 Ms. Susan Rader, director of parks and recreation, explained the project for refurbishment of some playground components, the purchase and installation of additional playground equipment, geotextile fabric, playground mats, poured in place material, engineered wood fiber and minor concrete work at Liberty Park, 9015 60th Avenue North. She stated the equipment purchase of $95,837.68 is through Landscape Structures and the remaining items would be through Flagship Recreation for $94,716.99. Both vendors are on the state’s cooperative purchasing agreement. Ms. Rader reported that the neighborhood was involved in the planning and design. She stated the 2023 CIP contains $200,000 for the playground project and the project incorporates the playground equipment refurbish component with approximately $91,000 worth of equipment being re-used. The older equipment will be repainted by June 1 to obtain 2022 pricing and before summer city- sponsored playground programs. RESOLUTION 2022-130 Item 8.1 Council Member Isenberg introduced the following resolution and moved its adoption: “RESOLUTION AUTHORIZING THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $190,554.67 FOR PLAYGROUND EQUIPMENT, INSTALLATION AND SITE WORK AT LIBERTY PARK (IMPROVEMENT PROJECT NO. 1094).” 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. LIGHTED BASEBALL FIELD AND MEADOW LAKE PICKLEBALL COURTS (IMPROVEMENT PROJECT NOS. 1095 & 1096) Item 8.2 Mayor Hemken introduced for discussion Item 8.2, Resolution authorizing the appropriation of funds in the amount of $302,570 to install LED lights at Lighted Baseball Field (Improvement Project No. 1095) and the Meadow Lake pickleball courts (Improvement Project No. 1096). Ms. Susan Rader, director of parks and recreation, stated many of the existing park lighting fixtures have aged and are inefficient. The proposed lighting project involves utilizing existing poles and retrofitting the lights with LED fixtures and installing one new pole at Lighted Baseball Field near the Osprey nesting pole. Ms. Rader also explained the future plans to convert three courts at Meadow Lake Park to eight pickleball courts and the proposed lighting upgrade to reuse the existing light poles and retrofitting the lights with LED fixtures. Ms. Rader reviewed funding from the 2022 and 2023 CIP budget. She also reported that staff has submitted applications for two grants for the Lighted Baseball Field project. RESOLUTION 2022-131 Item 8.2 Council Member London introduced the following resolution and moved its adoption: “RESOLUTION AUTHORIZING THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $302,570 TO INSTALL LED LIGHTS AT LIGHTED BASEBALL FIELD (IMPROVEMENT PROJECT NO. 1095) AND THE MEADOW LAKE PICKLEBALL COURTS (IMPROVEMENT PROJECT New Hope City Council December 12, 2022 Page 7 NO. 1096).” 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 HRA LEVY Item 10.1 Mayor Hemken introduced for discussion Item 10.1, Resolution approving the 2023 Final HRA Levy. Mr. Tim Hoyt, acting city manager, stated adoption of the resolution affirms the Council’s support for the HRA levy in the amount of $437,850. It is necessary to adopt the HRA levy separate from the city’s base levy. The EDA must also approve the levy. The levy was presented during the December 5 budget hearing. RESOLUTION 2022-132 Item 10.1 Council Member Isenberg introduced the following resolution and moved its adoption: “RESOLUTION APPROVING THE 2023 FINAL HRA LEVY.” 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. 2023 TAX LEVY Item 10.2 Mayor Hemken introduced for discussion Item 10.2, Resolution adopting general, special revenue, debt service, enterprise, and internal service fund budgets for the city of New Hope for the year 2023 and establishing a tax levy for the year payable 2023. Mr. Tim Hoyt, acting city manager, stated Council is requested to approve the 2023 budget and tax levy. The budget public hearing was held December 5, and only two residents attended the hearing to observe the presentation. The Council is asked to approve the 2023 tax-supported budgets of $28,742,201, non-tax supported budgets of $20,039,409, and city tax levy of $19,053,316 (which includes the HRA tax levy). The tax levy is a 4.51% increase over last year. Mr. Hoyt reported staff will certify the tax levy to Hennepin County, and the budget will be posted on the city’s website. RESOLUTION 2022-133 Item 10.2 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION ADOPTING GENERAL, SPECIAL REVENUE, DEBT SERVICE, ENTERPRISE, AND INTERNAL SERVICE FUND BUDGETS FOR THE CITY OF NEW HOPE FOR THE YEAR 2023 AND ESTABLISHING A TAX LEVY FOR THE YEAR PAYABLE 2023.” The motion for the adoption of the foregoing resolution was seconded by Council Member Isenberg, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. New Hope City Council December 12, 2022 Page 8 2023 COLA Item 10.3 Mayor Hemken introduced for discussion Item 10.3, Resolution authorizing the city manager to implement 2023 Cost of Living (COLA) wage adjustments for non-union employees, pursuant to Council approval. Mr. Rich Johnson, director of HR/administrative services, indicated a 3% cost of living (COLA) wage adjustment is recommended for non-union employees. He stated the item was reviewed with Council at the September 19 work session. Council Member London recommended a dollar figure be stated (in addition to the percentage) to enable residents to know the actual budgetary impact. He also questioned the other benefit increases (step increases, merit increases, workers’ compensation insurance, life insurance). Council Member London also noted he does not believe COLA is an accurate description. Mr. Johnson stated the 2023 budget includes an increase of $643,628 for wage and benefit increases including the 3% cost of living adjustment, an increase in the city’s share of health insurance coverage, and two additional positions. He noted the figure also includes Council salary increases for 2023. Mr. Johnson noted the retirement contributions are set by PERA and the state legislature. He noted workers’ compensation insurance rates are set by League of Minnesota Cities Insurance Trust based on position type and wages. He stated step increases are part of the city’s compensation plan. He indicated a compensation study is included in the 2023 budget to determine if the city’s compensation plan requires adjustments. Mr. Johnson pointed out the collective bargaining agreements with public works and police that were settled earlier this year include a market adjustment in addition to the COLA. Mr. Johnson stated at the September 19 work session information was presented to Council that showed the Consumer Price Index (CPI) increased from 8.3% from August 2021 to August 2022. He also noted social security recipients will receive an 8.7% increase in 2023. RESOLUTION 2022-134 Item 10.3 Council Member Hoffe introduced the following resolution and moved its adoption: “RESOLUTION AUTHORIZING THE CITY MANAGER TO IMPLEMENT 2023 COST OF LIVING (COLA) WAGE ADJUSTMENTS FOR NON-UNION EMPLOYEES, PURSUANT TO COUNCIL APPROVAL.” 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 FEE SCHEDULE Item 10.4 Mayor Hemken introduced for discussion Item 10.4, Resolution adopting an updated Fee Schedule. Mr. Tim Hoyt, acting city manager, stated the 2023 Fee Schedule includes increases to utilities, park and recreation program user fees, franchise fees, and New Hope City Council December 12, 2022 Page 9 business license fees. It includes an increase to the pawn shop license and the fee for THC products as a result of ordinance 22-08 that was adopted on November 28, 2022. The new rates will be implemented in January. Council Member London indicated he does not support the franchise fee increase but will vote in favor of the updated Fee Schedule. RESOLUTION 2022-135 Item 10.4 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION ADOPTING AN UPDATED FEE SCHEDULE.” The motion for the adoption of the foregoing resolution was seconded by Council Member Isenberg, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. GAS FRANCHISE Item 10.5 Mayor Hemken introduced for discussion Item 10.5, Ordinance No. 22-13, An ordinance amending gas franchise ordinance in the New Hope City Code and Summary Ordinance for publication purposes. Mr. Tim Hoyt, acting city manager, stated staff recommends adoption of ordinance 22-13 amending the gas franchise ordinance by renewing the agreement with CenterPoint Energy. The proposed ordinance amendment would renew the franchise agreement for 20 years. The agreement grants CenterPoint Energy a nonexclusive franchise to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ways and grounds in the city. CenterPoint Energy has worked in the right-of-way over 120 times in the past two years. ORDINANCE NO. 22-13 Item 10.5 Council Member Hoffe introduced the following ordinance and moved its adoption: “ORDINANCE NO. 22-13, AN ORDINANCE AMENDING GAS FRANCHISE ORDINANCE IN THE NEW HOPE CITY CODE AND SUMMARY ORDINANCE FOR PUBLICATION PURPOSES.” The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. DE&I STATEMENT Item 11.1 Mayor Hemken introduced for discussion Item 11.1, Update regarding the creation of a statement to publicly share the city’s commitment to a diverse, equitable, and inclusive environment. Mr. Rich Johnson, director of HR/administrative services, asked Council to adopt the public facing Equity Statement to show the city’s commitment to a diverse, equitable, and inclusive environment. He explained that input was sought from the Human Rights Commission and the statement can be revised as necessary. New Hope City Council December 12, 2022 Page 10 Council expressed support of the statement. MOTION Item 11.1 Motion was made by Isenberg, seconded by Council Member Elder, to approve the Equity Statement regarding the city’s diverse, equitable, and inclusive environment. All present voted in favor. Motion carried. EXCHANGE OF COMMUNICATION Item 12.1 Mayor Hemken introduced for discussion Item 12.1, Exchange of communication between members of the City Council. Council Member Isenberg thanked everyone involved in successful Tri-City Santa Parade held December 10, 2022. Council Member Hoffe thanked the Parks and Recreation department for hosting the employee recognition event on December 8, 2022. 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 8:40 p.m. Respectfully submitted, Valerie Leone, City Clerk