05 26 20 City Council MinutesNew Hope City Council May 26, 2020
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City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes May 26, 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 Pledge was not recited since the meeting was not held in the council chambers.
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
Brandon Bell, Community Development Assistant
Dan Boyum, City Engineer
Tim Fournier, Director of Police
Beth Kramer, Communications Coordinator
Valerie Leone, City Clerk
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
Bernie Weber, Director of Public Works
Stacy Woods, Assistant City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Frazier, seconded by Council Member
Hoffe, to approve the regular meeting minutes of May 11, 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
Pastor Mike Fernandez, Calvary Solid Rock Church at 8731 Bass Lake Road was
recognized. He requested information regarding a conditional use permit to enable
the church to relocate to 5620 International Parkway. Mayor Hemken directed Mr.
Fernandez to telephone Director Sargent to discuss his request as it relates to city
code.
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.
PRESENTATIONS:
2019 ANNUAL
FINANCIAL REPORT
Item 5.1
Mayor Hemken introduced for discussion Item 5.1, Motion to accept the 2019
annual financial report.
New Hope City Council May 26, 2020
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Mr. Kirk McDonald, city manager, introduced Bill Lauer of Malloy, Montague,
Karnowski, Radosevich & Co. (MMKR). Mr. McDonald recommended that the
Council accept the 2019 audit to enable the city to submit the audit to the state
auditor in a timely manner.
Mr. Bill Lauer summarized the 2019 audit. He reviewed the auditor’s role and
stated the city received a “clean opinion,” which is the highest reporting available.
He stated the city’s records were found to be in good condition. He stated there
were no findings this year for internal control and compliance report. He indicated
the management report addressed the coronavirus (COVID-19) pandemic that
occurred shortly after the end of the 2019 fiscal year.
Mr. Lauer stated the city’s fund balance as of December 31, 2019, was $29,250,988,
a decrease of $8,463,242 from the prior year. He stated at the end of the fiscal year,
the unassigned fund balance for the General Fund was $7,116,723 or 49.6 percent
of annual expenditures and transfers out based on 2019 l evels. He stated the city’s
total net position of $77,197,731 increased $8,971,672 from the previous year.
Mr. Lauer reviewed the enterprise funds financial position (sewer utility, water
utility, golf utility, golf course, ice arena, storm water and street lighting). He stated
in total the net position of the city’s enterprise funds increased by $1,853,738.
Council Member London inquired of the other taxing districts outside of New
Hope’s governance. He also inquired whether capital assets had a depreci ation
schedule. Mr. Lauer indicated the enterprise funds were depreciated. He stated
capital assets are reported at original cost, not replacement cost.
Council thanked Mr. Lauer for his presentation. City Manager McDonald noted
the favorable report is reflective of the efforts of city staff and AEM.
MOTION
Item 5.1
Motion was made by Council Member London, seconded by Council Member
Hoffe, to accept the 2019 annual financial report . All present voted in favor.
Motion carried.
2019-2020 NEW HOPE
SNOWMAN/SNOW
SCULPTURE
CONTEST WINNERS
Item 5.2
Mayor Hemken introduced for discussion Item 5.2, Awards presentation for the
2019-2020 New Hope Snowman/Snow Sculpture Contest winners.
Mr. Susan Rader, director of parks and recreation, stated this is the third year of
the contest which was open to New Hope individuals, families, neighborhoods,
and groups. She shared photos of the entries and congratulated the contest winner:
First place – A Troll and His Pet Dragons, created by Cy Dargay
Second place – Flag Avenue Beast, created by Cy Dargay
She stated certificates and a cash prize will be mailed to Cy Dargay.
Mayor Hemken thanked the contestants for participating and thanked the Citizen
Advisory Commission for sponsoring the fun winter contest.
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
New Hope City Council May 26, 2020
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removed for discussion. Mr. Kirk McDonald, city manager, reviewed the consent
items.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through May 26, 2020.
MOTION
Item 6.4
Motion accepting contributions for the 2019-2020 Donut Make You Wonder and
Author Series programs
RESOLUTION 2020-57
Item 6.5
Resolution approving $400,000 transfer from park infrastructure fund to ice arena
operating fund for debt service and capital improvements
RESOLUTION 2020-58
Item 6.6
Resolution approving change order no. 3 with the American Liberty Construction,
Inc. for the theater construction project (Improvement Project No. 941).
RESOLUTION 2020-59
Item 6.7
Resolution approving change order no. 8 in the amount of $1,685 with Donlar
Construction Company for the pool construction project (Improvement Project No.
995)
RESOLUTION 2020-60
Item 6.8
Resolution approving Change Order No. 1 for G.F. Jedlicki Inc. Contract for 2020
Winnetka Watermain Replacement Project (Improvement Project No. 1027)
RESOLUTION 2020-61
Item 6.9
Resolution authorizing the purchase and appropriation of funds in the amount of
$7,675 for the cleaning, crack repair and repainting of the basketball court at Fred
Sims Park, and the crack repair of the basketball and tennis courts at Hidden Valley
Park by Court Surface and Repair, Inc.
MOTION
Consent Items
Motion was made by Council Member XX, seconded by Council Member XX, to
approve the Consent items. All present voted in favor. Motion carried.
ENGINEERING
SERVICES
AGREEMENT
ADDENDUM #3
(IMPROVEMENT
PROJECT NOS. 941
AND 995)
Item 8.1
Mayor Hemken introduced for discussion Item 8.1, Resolution approving
Addendum #3 to the engineering services agreement with Stantec Consulting
Services Inc. for the additional construction management services for the Civic
Center Park improvements (Improvement Project No. 941) and pool
(Improvement Project No. 995).
Mr. Dan Boyum, city engineer, stated the item was reviewed by the City Council
at its work session of May 18, 2020. He stated the addendum #3 is $214,774.03 for
additional engineering construction management and administration services for
the pool and parks projects. He explained the costs related to the pool, theatre, and
park. The inclusion of addendum #3 increases the engineering costs to
$2,312.672.36 to be funded by the park and pool bond proceeds.
Council Member London inquired whether a pad for a future ice rink is part of the
park plan. Mr. Boyum responded affirmatively and stated there is space located
north of the pool for a future hockey rink.
RESOLUTION 2020-20
Item 8.1
Council Member London introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING ADDENDUM #3 TO THE
ENGINEERING SERVICES AGREEMENT WITH STANTEC CONSULTING
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SERVICES INC. FOR THE ADDITIONAL CONSTRUCTION MANAGEMENT
SERVICES FOR THE CIVIC CENTER PARK IMPROVEMENTS
(IMPROVEMENT PROJECT NO. 941) AND POOL (IMPROVEMENT
PROJECT NO. 995).” 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, Frazier , Hoffe, 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.
WINNETKA AVENUE
RAILROAD
CROSSING PROJECT
(IMPROVEMENT
PROJECT NO. 1049)
Item 8.2
Mayor Hemken introduced for discussion Item 8.2, Resolution approving a joint
powers agreement with Hennepin County for the replacement of a failed culvert
and removal and replacement of adjacent sidewalk on Canadian Pacific railroad
crossing on County State Aid Highway 156 (Winnetka Avenue Railroad Crossing
Project No. 1049).
Mr. Dan Boyum, city engineer, illustrated the proposed improvements for
replacement of a failed culvert and removal and replacement of adjacent east and
west sidewalk at the Winnetka Avenue railroad crossing near 51st Avenue North.
He reviewed the project schedule with construction taking place in the spring of
2021. He stated the total project cost is $229,967.32, and Hennepin County i s
funding the majority. The estimated cost to the city is $19,876, and funding would
be through the street operating budget. Mr. Dan Boyum also stated that Hennepin
County would be entering into a separate agreement with the CP Railroad to
replace the railroad crossing in conjunction with this project
Council Member London questioned the estimated length of time that the culvert
has been in a deteriorated condition. He mentioned homes on Angelina Drive have
dealt with flooding issues.
Mr. Bernie Weber, director of public works, stated the culvert was likely installed
in the 1970s and was possibly updated when Winnetka Avenue was expanded to
four lanes. He stated he does not believe the culvert caused the water issues near
Angelina Drive. He stated the water does flow to the east, and the neighborhood
situation was alleviated a few years ago.
Mr. Weber pointed out the improvements, originally proposed for 2020, are being
delayed until 2021 to coincide with the replacement of the railroad crossing so that
the road is closed only once.
RESOLUTION 2020-63
Item 8.2
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING A JOINT POWERS AGREEMENT
WITH HENNEPIN COUNTY FOR THE REPLACEMENT OF A FAILED
CULVERT AND REMOVAL AND REPLACEMENT OF ADJACENT
SIDEWALK ON CANADIAN PACIFIC RAILROAD CROSSING ON COUNTY
STATE AID HIGHWAY 156 (WINNETKA AVENUE RAILROAD CROSSING
PROJECT NO. 1049).” The motion for the adoption of the foregoing resolution
was seconded by Council Member Frazier, and upon vote being taken thereon, the
following voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the
following voted against the same: None; Abstained: None; Absent: None;
New Hope City Council May 26, 2020
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whereupon the resolution was declared duly passed and adopted, signed by the
mayor which was attested to by the city clerk.
TOBACCO
ORDINANCE
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Ordinance 20 -08, An
ordinance regulating the sale of tobacco and related devices and products within
the city of New Hope, Minnesota.
Mr. Brandon Bell, community development assistant, stated at Council’s direction,
the citizen advisory commission reviewed tobacco use prevention options with
New Hope business owners and residents at its meeting in February, 2020. He
stated the proposed ordinance was reviewed with Council at its work session of
May 18, 2020. He credited the Mitchell Hamline Public Health Law Center for
assisting the city in drafting the ordinance amendment free of charge. The
proposed amendment was based on the interests of the City Council at the
February and May work sessions. Mr. Bell outlined the changes that are within the
proposed tobacco ordinance amendment:
1. Many definitions have either been revised or added to provide or more
modern verbiage.
2. Mirrored the newest federal regulations including raising the legal age
required to purchase tobacco products, from 18 years of age to 21 years
old. Also includes the ban on all flavored cartridge-based e-cigarettes
(except for tobacco flavored).
3. Raised the age of those legally allowed to sell tobacco products as a clerk
at a licensed retailer to 18.
4. Banned the sales of all flavored tobacco products except for mint, menthol
and wintergreen.
5. Possession, use, and purchase laws have been removed that would punish
people under the age of 21 who attempted to buy tobacco.
6. Put a cap on the number of tobacco licenses in the city to equal the total
amount of licenses held at the beginning of 2021. The current amount is
21, but with a ban on-site pharmacy licenses, the number will be reduced
to 19 in 2021.
7. Prohibit the sales of tobacco in any facility that contains an on -site
pharmacy. Current license holders will keep these licenses until the end of
the year, but will not be eligible for renewal.
8. Change the age of those allowed to conduct compliance checks from 15-17
to 17-20 to align with new state policies.
9. Increase the fine for first time violations for tobacco license holders from
$250 to $300. This reflects changes to new state regulations.
Mr. Bell stated staff finds all of these proposed changes to be reasonable and to
align with many of the changes that other cities in the area have made to their
tobacco ordinances. Many of the businesses that staff has been in contact with, and
that attended the CAC meeting in February, also seemed to find these changes
acceptable.
Mr. Bell stated the Minnesota Department of Health Commissioner recently sent a
letter to the city in support of the ordinance amendment. He recommended the
Council adopt the ordinance and summary ordinance to save on publication costs.
New Hope City Council May 26, 2020
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Mayor Hemken extended the city’s appreciation to Hennepin County Public
Health and Mitchell Hamline Public Health Law Center, residents, businesses, and
members of the citizen advisory commission for their input.
Mayor Hemken stated there are several persons who have expressed an interest to
speak on the matter. She permitted each person to speak for a maximum of three
minutes.
The following persons spoke in favor of the ordinance: Tony Bangasser, Bethl ehem
Yewhalawork, Gene Nichols, Anna Grace, and Ruth Tripp. They expressed
support for the proposed ordinance and recommended additional restrictions such
as banning mint, menthol and wintergreen flavors as well.
Mr. Matt Durand, Holiday Stationstore, was recognized. He supported raising the
legal age to purchase tobacco products to age 21 and banning the sale of flavored
e-cig cartridges. He called attention to action by St. Paul that resulted in smokers
buying tobacco through the black market. He stated if New Hope adopts the
ordinance, his customers will take their business to Crystal. He spoke of the need
to have a level playing field with rules set by the state or federal level instead of
local level. Mr. Durand mentioned the COVID-19 pandemic has already greatly
impacted local businesses and the ordinance amendment will result in large loss
of revenue.
Mr. Joseph Salem was recognized. He stated his son owns Winnetka Fuel. He
spoke of the hardship that businesses will face with the ordinance. He stated
people should have freedom of choice.
Council Member Frazier stated the statistics have shown that the majority of
tobacco users are African Americans and persons with lower income levels. He
stated he feels it is the city’s responsibility to take action on if it can prevent
someone from becoming addicted on a product that causes death.
Council Member London pointed out that if the city desires to be data-driven, it
may wish to wait for the results of the “Tobacco 21” law. He expressed support for
implementing Tobacco 21 but is against the inclusion of banning
retailers/businesses with pharmacies from selling tobacco. He recommended
postponing action on the item until a future work session.
Mayor Hemken stated the city has been working with Hennepin County for
approximately five years on tobacco-related issues. She stated the proposed
ordinance is a good start and additional changes can be considered in the future if
so desired.
ORDINANCE 20-08
Item 10.1
Council Member Elder introduced the following ordinance and moved its
adoption: “ORDINANCE 20-08, AN ORDINANCE REGULATING THE SALE
OF TOBACCO AND RELATED DEVICES AND PRODUCTS WITHIN THE
CITY OF NEW HOPE, MINNESOTA (AND SUMMARY ORDINANCE).” The
motion for the adoption of the foregoing ordinance was seconded by Council
Member Frazier, and upon vote being taken thereon, the following voted in favor
New Hope City Council May 26, 2020
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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.
OUTDOOR DINING
AND LIQUOR
INTERIM
ORDINANCE
Item 10.2
Mayor Hemken introduced for discussion Item 10.2, Ordinance 20-09, An interim
ordinance establishing New Hope Code Section 1 -5(l) suspending the applicable
zoning regulations relating to outdoor dining and creating a temporary
administrative waiver of expansion of on-sale liquor license sales during the
COVID-19 Public Health Emergency.
Mr. Jeff Sargent, director of community development, explained the interim
ordinance is in response to Governor Walz’s Executive Order No. 20 -56 that will
go into effect on June 1, 2020, which outlines plans for bars and restaurants to open
for outdoor service, so long as certain conditions, including social distancing, are
maintained to prevent the spread of COVID-19. In a response to this order, staff
has created an interim ordinance that would temporarily suspended the applicable
zoning regulations relating to outdoor dining and create a temporary
administrative waiver of expansion of on-sale liquor license sales.
He stated the city will require a Temporary Outdoor Dining Permit, at no cost,
which would be reviewed and approved administratively. The permit requires a
site plan showing where the intended outdoor dining area would be, along with
the number of tables and chairs, fences, barricades, etc. to be used for during the
business operations. Staff will also require that the business supply the city their
COVID-19 Preparedness Plan and representation that the applicant intends to
comply with the Governor’s orders. The permit application will also require the
signature of the property owner if different than the applicant.
Mr. Sargent indicated staff feels that it is imperative to be as flexible as possible in
allowing eating establishments to start to re-open, as long as all Governor’s orders
and city regulations are met. Staff recommends that the City Council approve t he
proposed interim ordinance suspending the applicable zoning regulations relating
to outdoor dining and creating a temporary administrative waiver of expansion of
on-sale liquor license sales during the COVID-19 Public Health Emergency. He
stated staff will send out notifications to existing restaurants if the interim
ordinance is adopted by Council.
Council expressed support for the interim ordinance and thanked staff for taking
the initiative to help restaurants.
Council Member London asked when the interim ordinance would sunset. Mr.
Sargent stated it will only be effective until the Governor allows restaurants to fully
re-open. He noted if any business desires outdoor dining options on a permanent
basis, they would be required to apply for an administrative permit.
ORDINANCE 20-09
Item 10.2
Council Member Elder introduced the following ordinance and moved its
adoption: “ORDINANCE 20-09, AN INTERIM ORDINANCE ESTABLISHING
NEW HOPE CODE SECTION 1-5(L) SUSPENDING THE APPLICABLE
ZONING REGULATIONS RELATING TO OUTDOOR DINING AND
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CREATING A TEMPORARY ADMINISTRATIVE WAIVER OF EXPANSION
OF ON-SALE LIQUOR LICENSE SALES DURING THE COVID-19 PUBLIC
HEALTH EMERGENCY (AND SUMMARY ORDINANCE).” The motion for the
adoption of the foregoing ordinance was seconded by Council Member Frazier,
and upon vote being taken thereon, the following voted in favor thereof: Hemken,
Elder, Frazier, Hoffe, 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
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
London, 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 8:57 p.m.
Respectfully submitted,
Valerie Leone, City Clerk