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03 09 20 City Council MinutesNew Hope City Council March 9, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes March 9, 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 Kirk McDonald, City Manager Jeff Alger, Community Development Specialist Tim Fournier, Director of Police Valerie Leone, City Clerk 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 February 10, 2020. Voted in favor thereof: Hemken, Elder, Frazier, Hoffe; and the following voted against the same: None; Abstained: London; Absent: None. Motion carried. Motion was made by Council Member Frazier, seconded by Council Member Hoffe, to approve the regular meeting minutes of February 24, 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 Mr. Mac Brand, 4972 Virginia Avenue North, requested improvements be made to the railroad track crossings on Boone and Winnetka. He also requested repairs of the sidewalk on Winnetka between 48th and 50th Avenue. Mayor Hemken noted the city is aware of the tracks and the street supervisor has called the railroad several times regarding their condition. The city will continue to contact the railroad. Mr. Ron Stoffel, 8004 55th Lane North, advised that the National Railroad Board governs the railways, and the city may desire to reach out to them. Mr. John Reiss, 4026 Louisiana Avenue North, expressed concern regarding the high cost of water in New Hope. New Hope City Council March 9, 2020 Page 2 Council Member Elder explained that the water rates cover the cost of water as well as infrastructure improvements. 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 March 9, 2020. RESOLUTION 2020-28 Item 6.4 Resolution declaring adoption and implementation of State performance measures. 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. ACCESS TO MULTI- DWELLING UNIT BUILDINGS BY CENSUS EMPLOYEES Item 10.1 Mayor Hemken introduced for discussion Item 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. Mr. Jeff Alger, community development specialist, explained 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 no t 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. Mr. Alger stated 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. He reported none of the other cities included enforcement language as part of their ordinances. New Hope City Council March 9, 2020 Page 3 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; one with the enforcement language and one version without the enforcement language. Council questioned the enforcement measures. Mr. Alger stated the city’s inspection department would issue an administrative notice and if the property owner did not comply within 10 days, the city would issue an administrative citation. He stated it would be necessary to coordinate efforts between census bureau employees and building property managers. Council Member London questioned whether background checks are conducted for census workers. Mayor Hemken responded affirmatively and noted census workers also undergo extensive training. Council Member London expressed concern regarding building security being compromised. ORDINANCE 20-06 Item 10.1 Council Member Elder introduced the following ordinance and moved its adoption: “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 motion for the adoption of the foregoing ordinance (including adoption of a summary ordinance) 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: 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. INTERNATIONAL BUILDING-RELATED CODES Item 10.2 Mayor Hemken introduced for discussion Item 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. Mr. Jeff Alger, community development specialist, stated the city utilizes the latest International Building Code (IBC), International Residential Co de (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. He stated the draft ordinance changes references to building-related codes from 2012 to 2018. ORDINANCE 20-07 Item 10.2 Council Member Frazier introduced the following ordinance and moved its adoption: “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 motion for the adoption of the foregoing ordinance (including adoption of a summary ordinance) was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier, New Hope City Council March 9, 2020 Page 4 Hoffe, London; and the following voted against the same: None; Abstained: No ne; 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. 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 7:40 p.m. Respectfully submitted, Valerie Leone, City Clerk