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08 24 20 City Council MinutesNew Hope City Council August 24, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes August 24, 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 Brandon Bell, Community Development Assistant Dan Boyum, City Engineer Valerie Leone, City Clerk Susan Rader, Director of Parks & Recreation Bernie Weber, Director of Public Works Stacy Woods, Assistant City Attorney Also present: Sarah Larson, WMFRD Chief Bruce Paulson, Stantec APPROVAL OF MINUTES Motion was made by Council Member Hoffe, seconded by Council Member Elder, to approve the regular meeting minutes of August 10, 2020. Voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None. Motion carried. Motion was made by Council Member Frazier, seconded by Council Member London, to approve the canvassing board minutes of August 14, 2020. Voted in favor thereof: Hemken, Frazier, London; and the following voted against the same: None; Abstained: Elder, Hoffe; 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 New Hope City Council August 24, 2020 Page 2 removed for discussion. Mr. Kirk McDonald, city manager, reviewed the consent items. BUSINESS LICENSE(S) Item 6.1 Approval of business licenses(s). FINANCIAL CLAIMS Item 6.2 Approval of financial claims through August 24, 2020. MOTION Item 6.4 Motion approving appointment of Malloy, Montague, Karnowski and Radosevich (MMKR) to perform 2020 city audit. MOTION Item 6.5 Motion approving three-year contract renewal with AEM for professional financial management services for years 2021-2023. RESOLUTION 2020-83 Item 6.6 Resolution approving Change Order No. 10 in the amount of $22,744.05 with Donlar Construction Company for the pool construction project (Improvement Project No. 995). Council Member London requested an update on the pool budget. City Manager McDonald indicated the financial information will be distributed to Council. RESOLUTION 2020-84 Item 6.7 Resolution authorizing the purchase of equipment and appropriation of funds in the amount of $8,673 for the purchase of batteries for the 2012 Zamboni by Midwest Industrial Battery, Inc. for the Ice Arena. 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. PUBLIC WORKS FACILITY EXPANSION (IMPROVEMENT PROJECT NO. 1039) Item 8.1 Mayor Hemken introduced for discussion Item 8.1, Presentation of feasibility report for the Public Works Facility Expansion (Improvement Project No. 1039). Mr. Dan Boyum, city engineer, along with Bruce Paulson, architect with Stantec, presented the feasibility report for the public works facility expansion. They described storage needs, illustrated a proposed 20,000 square foot addition, a 3,000 square foot soils storage building, addition of air conditioning to the mechanics bay and fitness room, a new security system to tie into the city hall system, relocation of the fuel dispensing system, addition of a mechanics supervisor office and expansion of the parts storage room, new compressor room to contain the compressor noise, replace overhead and service doors into the vehicle parking spaces, repair and clean concrete floors, replace the south two-thirds of the trench drain and sand interceptor, add irrigation system, and renovations to lunchroom and hallway flooring. Mr. Boyum stated a 30-year replacement analysis was prepared to identify equipment replacement savings associated with storing vehicles and equipment indoors versus outside. He stated the estimated cost savings to the city by moving fleet vehicles inside is $33,013 annually or $990,393 over 30 years. New Hope City Council August 24, 2020 Page 3 The funding for a building expansion is estimated at $6.4 million and a reduced scope project is $1.5 million. It was noted that since 2017 funds have been set aside through central garage charges for the project and the reduced scope improvements could be paid for with current funds as well as central garage reserves. The potential for internal financing from the temporary financing fund for the larger building expansion project will not be known until the Civic Center Park and Pool projects are completed. Mr. Boyum recommended continuing discussions regarding a reduced scope project at a future work session. Mr. McDonald acknowledged that Council is reluctant to issue bonds at this time due to the recent city hall and pool projects and that a larger public works expansion project will have to be postponed. He asked Council to accept the report and encouraged council members to schedule a tour of the existing facility this fall. Council Member London requested more information regarding the 30-year replacement analysis. He noted the garage at the new police facility will extend the life of police vehicles. He asked staff to provide the projected opera ting cost increase (for central garage charges) for the expansion. Mr. McDonald reported that calculations can be prepared and distributed. Discussion ensued regarding the location of the facility gates and the need for increased security. Council thanked staff for the report. MOTION Item 8.1 Motion was made by Council Member Elder, seconded by Council Member Frazier, to accept the report. All present voted in favor. Motion carried. WMFRD 2021 BUDGET Item 10.1 Mayor Hemken introduced for discussion Item 10.1, Resolution approving West Metro Fire-Rescue District 2021 Budget. Mr. Kirk McDonald, city manager, stated West Metro’s 2021 budget is $2,674,050 and New Hope’s share is $1,352,363 (an increase of $54,673 over last year for salaries, PERA, workers comp insurance, motor fuels, equipment repairs, communications and financial services). He stated the budget was reviewed with Council at its August 17 work session. He stated the Fire Board approved the budget at their July 8 board meeting, and the Crystal City Council approved it at their August 18 Council Meeting. He stated Fire Chief Larson is available for any questions. RESOLUTION 2020-85 Item 10.1 Council Member Elder introduced the following resolution and moved its adoption: “RESOLUTION APPROVING WEST METRO FIRE-RESCUE DISTRICT 2021 BUDGET.” 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; 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 August 24, 2020 Page 4 TOBACCO ORDINANCE Item 10.2 Mayor Hemken introduced for discussion Item 10.2, Ordinance No. 20-08, An ordinance regulating the sale of tobacco and related devices and products within the city of New Hope and summary ordinance. Mr. Brandon Bell, community development assistant, reviewed the background of the tobacco use ordinance amendment. He sated the Council last discussed the ordinance amendment at a closed meeting on August 17, 2020, and the following changes were agreed upon: 1) adult only tobacco stores would be allowed to sell all flavors of tobacco and related products; 2) businesses with on-site pharmacies would be allowed to sell tobacco products; and 3) adult only tobacco stores would be able to distribute samples to their customers. Mr. Bell highlighted the proposed changes to the existing ordinance including  Revisions of many definitions in the city code  Mirrored the newest federal regulations including raising the legal age required to purchase tobacco products from 18 to 21 years old  Ban on all flavored cartridge-based e-cigarettes (except tobacco flavored)  Prohibits the sale of flavored tobacco products except for mint, menthol, and wintergreen and allow for the sale of all flavored products in adult only tobacco stores  Raises the limit of those legally allowed to sell tobacco products as a clerk at a licensed retailer to 18 years old  Possession, use and purchase laws have been removed that would punish people under the age of 21 who attempt to purchase tobacco  Caps the number of tobacco licenses allowed in the city to 21 (current number of tobacco licenses)  Changes the ages of persons allowed to conduct compliance checks to 17-20 years of age to align with state regulations  Increases the minimum penalty for a first time compliance check failure from $250 to $300 to align with state regulations  Increases the compliance check look back period from 24 to 36 months For the minutes, Mayor Hemken relayed a telephone conversation of August 24 between Brandon Bell and Francisco Elorriaga (4648 Maryland Avenue North of Crystal). Mr. Elorriaga called and stated he has been a regular customer at the Holiday, Hy-Vee other community convenience stores for years and feels it is illogical to limit the business where he can purchase flavored cigars. Mr. Elorriaga stated that if the flavor ban was about a public health initiative, then it does not do much with the current proposed amendment because people can still buy the products; you are just unfairly limiting where they can purchase them. Mr. Elorriaga wanted to officially have his opinion recorded that he is against a flavor ban, especially one that gives some stores an unfair advantage, limits his options unnecessarily and in his opinion does nothing to curb a public health matter. Mayor Hemken noted there were businesses who participated in the tobacco ordinance discussions. Mr. Bell clarified the licensees were from gas stations that viewed the initial ordinance amendment as a compromise based on a city -wide proposal. The same group has expressed their opinion that the current proposal seems unfair. New Hope City Council August 24, 2020 Page 5 Ms. Stacy Woods, city attorney, stated the ordinance requires a minimum of one compliance check per year. Council Member London noted the ordinance is adding restrictions above state law. He stated the action creates an uneven playing field to tobacco licensees as Tobacco Products Shops have less restrictions than other tobacco license holders. He questioned whether different license fees should be established. Mr. Bell stated there is no variation on license fees. It was noted that similar ordinances have been adopted at other cities (Robbinsdale, Duluth, Minneapolis, St. Paul, and Minnetonka). Council Member London pointed out that the city was lobbied by county health officials to make amendments to the tobacco ordinance before the “Tobacco 21” state law became effective. Council Member Frazier commented that the city attorney provided sound rationale regarding changes to the ordinance. He expressed support for adoption o f the ordinance amendment. ORDINANCE NO. 20-08 Item 10.2 Council Member Frazier introduced the following ordinance and moved its adoption including the 36-month lookback period: “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 Elder, 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. 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 8:16 p.m. Respectfully submitted, Valerie Leone, City Clerk