07 27 20 City Council MinutesNew Hope City Council July 27, 2020
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City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes July27, 2020
Regular Meeting City Hall, 7:00 p.m.
Virtual Meeting via WebEx
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 (arrived at 7:12 p.m.)
Cedrick Frazier, Council Member
Andy Hoffe, Council Member
Jonathan London, Council Member
Kirk McDonald, City Manager
Jeff Alger, Community Development Specialist
Brandon Bell, Community Development Assistant
Dan Boyum, City Engineer
Tim Fournier, Director of Police
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 Hoffe, seconded by Council Member
Frazier, to approve the work session minutes of June 15, 2020. Voted in favor
thereof: Hemken, Frazier, Hoffe, London; and the following voted against the
same: None; Abstained: None; Absent: Elder. Motion carried.
Motion was made by Council Member Frazier, seconded by Council Member
Hoffe, to approve the regular meeting minutes of June 22, 2020. Voted in favor
thereof: Hemken, Frazier, Hoffe, London; and the following voted against the
same: None; Abstained: None; Absent: Elder. Motion carried.
OPEN FORUM
Mr. Jerry Metzler, 3524 Aquila Ave N, inquired of the city’s plan if rioting occurs
in the city. Mayor Hemken advised Mr. Metzler that the city was quick to impose
the curfew when the protests began in Minneapolis. She asked for his phone
number to discuss his concerns later this week and indicated if necessary, the
Council could discuss the topic at a future work session.
New Hope City Council July 27, 2020
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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.
Council Member Elder arrived at 7:12 p.m.
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through July 27, 2020.
MOTION
Item 6.4
Motion ratifying approval to Pub42 to dispense liquor off premises for the HeyDay
softball tournament held July 16‐19, 2020.
MOTION
Item 6.5
Motion accepting contributions for the cancelled 2020 Safety Camp.
MOTION
Item 6.6
Motion accepting donations for the 2020 Movies in the Park.
RESOLUTION 2020‐74
Item 6.7
Resolution approving change order no. 9 with a deduct amount of $26,730 with
Donlar Construction Company for the pool construction project (Improvement
Project No. 995).
RESOLUTION 2020‐75
Item 6.8
Resolution approving change order no. 5 in the amount of $3,855.10 with American
Liberty Construction, Inc. for the theatre construction project (Improvement
Project No. 941).
RESOLUTION 2020‐76
Item 6.9
Resolution approving final payment to S.R. Weidema, Incorporated in the amount
of $47,197.20 for the 2019 Winpark Drive Infrastructure Improvement Project
(Improvement Project No. 1019).
MOTION
Consent Items
Motion was made by Council Member London, seconded by Council Member
Frazier, to approve the Consent items. All present voted in favor. Motion carried.
CALVARY CHAPEL
PLANNING CASE
20‐08
Item 8.1
Mayor Hemken introduced for discussion Item 8.1, Resolution approving
conditional use permit for Calvary Chapel New Hope dba Calvary Chapel Twin
Cities at 9220 Bass Lake (New Hope Planning Case 20‐08).
Mr. Brandon Bell, community development assistant, explained the request is for
a conditional use permit for Calvary Chapel New Hope at 9220 Bass Lake Road.
He explained the property is a multi‐tenant building in an R‐O, Residential Office,
zoning district, and religious uses of properties are allowed in this zoning district
by conditional use permits. He reviewed the building layout, parking plans, and
parking lot egress. He stated the proposed use is consistent with the intent of the
city’s comprehensive plan, the proposed use is compatible with adjacent land uses,
the proposed use will not depreciate the area’s value, the proposed use will not
New Hope City Council July 27, 2020
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generate nuisance characteristics, and the proposed use conforms to all applicable
performance standards outlined in the city code. He indicated the Planning
Commission considered the request at its meeting of July 7 and recommended
approval subject to conditions outlined in the resolution (tenant occupancy, church
hours of operation, and plan approval by the fire marshal and building official).
Council had no questions for staff or the petitioner.
RESOLUTION 2020‐77
Item 8.1
Council Member London introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR
CALVARY CHAPEL NEW HOPE DBA CALVARY CHAPEL TWIN CITIES AT
9220 BASS LAKE (NEW HOPE PLANNING CASE 20‐08).” 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.
2020 CRACK REPAIR
AND SEALCOAT
PROJECT
(IMPROVEMENT
PROJECT NO. 1045)
Item 8.2
Mayor Hemken introduced for discussion Item 8.2, Resolution awarding a contract
to Allied Blacktop Company for $74,887.40 for the 2020 Crack Repair and Seal Coat
project (Improvement Project No. 1045).
Mr. Dan Boyum, city engineer, recommended awarding a contract to the low
bidder, Allied Blacktop Company, for $74,887.40 for 4.6 miles of crack repair, seal
coat, and fog seal work in 2020. He stated the activity is performed on streets to
maximize the life of the pavement. Mr. Boyum illustrated the project area (streets
west and north of city hall, a cul‐de‐sac on Ensign Ave/35th, Sumter Ave north of
Bass Lake Road, a small area on 58th Avenue between Quebec and Pennsylvania,
and the golf course parking lot). He indicated the bid came in under the $110,000
estimate and the CIP budget contains $150,828 for the work. He also explained that
Allied Blacktop is not the company that performed the problematic crack filling on
Boone Avenue. He stated Allied Blacktop has completed similar projects in the city
in the past and has received favorable recommendations from staff.
Mr. Boyum reviewed the project schedule with construction beginning mid‐
August and completed in September.
Mayor Hemken inquired of the impact to residents of Ironwood Apartments who
rent parking space at the golf course. Mr. Boyum noted that the work at the golf
course will begin at 5:30 a.m. to be less intrusive for golf course patrons. He stated
tenants of Ironwood will be provided notice to move vehicles before the work
takes place.
Council Member London inquired of the inspections process. Mr. Boyum stated
Megan Hedstrom, public works staff, handles the inspections.
Council Member Frasier asked how soon any crackfill problems become
noticeable. Mr. Boyum stated if there are trouble‐spots, they are not typically
detected until winter months.
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Public Works Director Weber indicated the contractor that performed the Boone
Avenue crackfill project attempted to resolve the problem three times. He stated
public works street crew repaired the street and monies were withheld from the
contractor’s final payment.
RESOLUTION 2020‐78
Item 8.2
Council Member Frazier introduced the following resolution and moved its
adoption: “RESOLUTION AWARDING A CONTRACT TO ALLIED
BLACKTOP COMPANY FOR $74,887.40 FOR THE 2020 CRACK REPAIR AND
SEAL COAT PROJECT (IMPROVEMENT PROJECT NO. 1045).” 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.
2021
INFRASTRUCTURE
IMPROVEMENTS
PROJECT
(IMPROVEMENT
PROJECT NO. 1054)
Item 8.3
Mayor Hemken introduced for discussion Item 8.3, Resolution authorizing the
preparation of a feasibility report for construction of the 2021 infrastructure
improvements project (improvement project no. 1054).
Mr. Dan Boyum, city engineer, stated this item authorizes preparation of a
feasibility report for construction of the 2021 infrastructure project. He illustrated
the project area for street and utility improvements near Lions Park. He stated a
small area will include full street reconstruction due to watermain replacement
and approximately three miles will be reclaim or overlay. He noted the feasibility
report will identify proposed improvements and costs. The estimated cost for the
project is $1,871,330 which would be funded primarily with street infrastructure
funds. He reviewed the project schedule and noted the feasibility report is
proposed to be presented to Council on September 28, 2020, and impacted
residents would be notified of the public hearing.
Council Member London commented on the significant amount of watermain
breaks on Oregon Avenue and inquired of the timeline.
Mr. Bernie Weber, public works director, stated there are approximately two
watermain breaks per year. He noted the existing watermain was installed in the
late 1950s.
RESOLUTION 2020‐79
Item 8.3
Council Member Hoffe introduced the following resolution and moved its
adoption: “RESOLUTION AUTHORIZING THE PREPARATION OF A
FEASIBILITY REPORT FOR CONSTRUCTION OF THE 2021
INFRASTRUCTURE IMPROVEMENTS PROJECT (IMPROVEMENT
PROJECT NO. 1054).” 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.
TOBACCO
ORDINANCE
Mayor Hemken introduced for discussion Item 10.1, Ordinance 20‐08, An
ordinance regulating the sale of tobacco and related devices and products within
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Item 10.1 the city of New Hope, Minnesota (including adoption of summary ordinance for
publication purposes).
Mayor Hemken informed the audience of the order for item 10.1 at the advisement
of the city attorney: 1) presentation by the community development assistant; 2)
accept public comment; 3) entertain a motion to postpone until August 17 work
session; and take a vote on the matter at the August 24 Council Meeting.
Mr. Brandon Bell, community development assistant, provided background from
December, 2019, to present regarding changes to the city’s ordinances that led up
to proposed Ordinance 20‐08 regulating the sale of tobacco and related devices and
products. He credited the Mitchell Hamline Public Health Law Center for assisting
the city in drafting the ordinance amendment free of charge. He stated the Council
previously reviewed the ordinance amendment and passed it by a 4‐1 vote on May
26, 2020. At the advice of the city attorney, the ordinance amendment is being
reconsidered by Council to allow for a one‐month notice of the meeting to all
tobacco licensees of the city. Notices were mailed June 16, 2020 regarding the July
27 Council Meeting. Some of the changes include raising the age to purchase
tobacco products from 18 to 21, raising the age of those allowed to sell tobacco
products to 18, banning the sale of all flavored tobacco products except for mint,
menthol and wintergreen, prohibiting the sale of tobacco at any facility that
contains an on‐site pharmacy, capping the number of tobacco licensees in the city
to the total number of licenses held at the beginning of 2021, and change the age of
those allowed to conduct compliance checks from 15‐17 to 17‐20 to align with new
state policies.
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 proposed ordinance or greater
restrictions: Jess Nolan, American Heart Association; and Ruth Tripp; Hennepin
County Public Health.
The following persons spoke against the proposed ordinance amendment: Jack
Stortenbecker, Hy‐Vee; V. John Ella, Attorney at Law representing New Hope
Smokes; Cap O’Rourke, O’Rourke Strategic Consulting representing E Cig Vap
Lounge; and Marcos Ayala, E Cig Vap Lounge.
Mayor Hemken thanked everyone who spoke regarding the issue. She stated the
City Council will consider the public comments and discuss the proposed
ordinance further at its work session of August 17, 2020. It was noted the August
17 meeting will likely be a closed meeting to discuss threatened litigation. Mayor
Hemken stated the proposed ordinance will be presented again at the council
meeting of August 24 for a vote.
MOTION
Item 10.1
Motion was made by Council Member Elder, seconded by Council Member
London, to postpone consideration of the proposed ordinance to the August 17
Work Session and the August 24 Council Meeting. All present voted in favor.
Motion carried.
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4215 LOUISIANA AVE
Item 10.2
Mayor Hemken introduced for discussion Item 10.2, Ordinance 20‐10, An
ordinance amending the New Hope zoning map established by New Hope code
section 4‐4(b) by rezoning 4215 Louisiana Avenue North from CB, Community
Business District to R‐1, Single –family Residential District (New Hope Planning
Case 20‐07).
Mr. Jeff Alger, community development specialist, explained the EDA purchased
the distressed property at 4215 Louisiana Avenue North in February of 2020. He
illustrated the property and stated the site abuts single‐family homes and
commercial properties. The property is zoned CB, community business, and staff
recommends rezoning it to R‐1, single‐family residential so it is consistent with the
2040 Comprehensive Plan. The structure has been demolished and if the rezoning
is approved, a request for proposals will be sent to developers and a new single‐
family home will be constructed on the site. The planning commission considered
the rezoning request at its July 7 meeting and recommended approval.
Discussion ensued regarding the requirement for fencing along the south property
line to be included in the request for proposal. Council Member London
recommended the RFP include trees and shrubs for screening as well.
Mayor Hemken pointed out the Council will have the opportunity to review the
proposals submitted by developers.
ORDINANCE 20‐10
Item 10.2
Council Member London introduced the following ordinance and moved its
adoption: “ORDINANCE 20‐10, AN ORDINANCE AMENDING THE NEW
HOPE ZONING MAP ESTABLISHED BY NEW HOPE CODE SECTION 4‐4(B)
BY REZONING 4215 LOUISIANA AVENUE NORTH FROM CB,
COMMUNITY BUSINESS DISTRICT TO R‐1, SINGLE–FAMILY
RESIDENTIAL DISTRICT (NEW HOPE PLANNING CASE 20‐07).” 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, 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.
Council Member Frazier called attention to well‐written articles regarding ending
systemic racism and the response to COVID‐19 in the recent edition of the League
of Minnesota Cities magazine.
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 8:35 p.m.
New Hope City Council July 27, 2020
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Respectfully submitted,
Valerie Leone, City Clerk