11 23 20 City Council MinutesNew Hope City Council November 23, 2020
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City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes November 23, 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:
Absent:
Staff present:
Kathi Hemken, Mayor
John Elder, Council Member
Cedrick Frazier, Council Member
Jonathan London, Council Member
Andy Hoffe, Council Member
Kirk McDonald, City Manager
Jeff Alger, Community Development Specialist
Dan Boyum, City Engineer
Tim Hoyt, Director of Police
Valerie Leone, City Clerk
Susan Rader, Director of Parks & Recreation
Jeff Sargent, Director of Community Development
Stacy Woods, Assistant City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Frazier, seconded by Council Member
Elder, to approve the regular meeting minutes of October 26, 2020. Voted in
favor thereof: Hemken, Elder, Frazier, London; and the following voted against
the same: None; Abstained: None; Absent: Hoffe. Motion carried.
Motion was made by Council Member Frazier, seconded by Council Member
London, to approve the Canvass Board meeting minutes of November 13, 2020.
Voted in favor thereof: Hemken, Frazier, London; and the following voted against
the same: None; Abstained: Elder; Absent: Hoffe. 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 removed for discussion. Mr. Kirk McDonald, city manager, reviewed the
consent items.
New Hope City Council November 23, 2020
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FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through November 23, 2020.
RESOLUTION 2020‐111
Item 6.4
Resolution designating polling places in the city of New Hope.
RESOLUTION 2020‐112
Item 6.5
Resolution approving transfers, interfund loan payoffs and fund closures.
MOTION
Consent Items
Motion was made by Council Member Elder, seconded by Council Member
Frazier, to approve the Consent items. All present voted in favor. Motion carried.
ICE ARENA ROOF
IMPROVEMENTS
(PROJECT NO. 1058)
Item 8.1
Mayor Hemken introduced for discussion Item 8.1, Motion to authorize
preparation of plans and specifications for roof improvements at the New Hope
Ice Arena (Improvement Project No. 1058).
Mr. Dan Boyum, city engineer, introduced Bruce Paulson, architect with Stantec,
and informed Council that Mr. Paulson will be presenting this item. He explained
that Mr. Paulson worked with the city on various recent projects including the
public works facility and projects at Civic Center Park.
Mr. Bruce Paulson stated the New Hope Ice Arena is located at 4949 Louisiana
Avenue North. He stated a fully‐adhered single‐ply ethylene propylene diene
terpolymer (EPDM) roofing membrane system was installed as part of the 1996
South Ice Rink Addition. He explained the system is four years beyond its 20‐year
warranty, and the number of leaks has been increasing over the past several years.
Mr. Paulson illustrated the condition of the existing roof and reviewed the
proposed improvements including replacement of the EDPM roofing system with
a new single‐ply roofing membrane; installation of a new prefinished metal
coping over the south and north exterior insulation and finish system (EIFS)
walls; repair of the EIFS on the south wall; replacement of the rolled standing
seam metal roofing over the main entrance with single‐ply membrane roofing
system; and addition of a rain gutter and downspout at the north side of the main
entrance to capture the rainwater and direct it to the ground.
Mr. Paulson stated the estimated project cost is $750,000, and it is recommended
that Temporary Financing Funds be utilized for the project with repayment of the
loan over a 15‐year period. It was noted the proposal was reviewed with Council
during the 2021 CIP and budget discussions. Mr. Paulson reviewed the project
schedule with construction starting in the spring and substantial completion by
early summer 2021.
Mayor Hemken inquired of the warranty for the new roof. Mr. Paulson stated it
will be a minimum of 20 years.
Council Member London stated he has been emphasizing the need for on‐going
maintenance of city’s assets and infrastructure.
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Discussion ensued regarding cleaning techniques. Mr. Paulson stated pressure
washing of the roof is possible if the spray is light so that it does not separate roof
surfaces. He stated improper cleaning could cause more harm than good.
Mayor Hemken asked if the plans and specifications would identify the extent of
the work. Mr. Paulson responded affirmatively.
Council thanked Mr. Paulson for the presentation.
MOTION
Item 8.1
Motion was made by Council Member Elder, seconded by Council Member
Frazier, to authorize preparation of plans and specifications for roof
improvements at the New Hope Ice Arena (Improvement Project No. 1058). All
present voted in favor. Motion carried.
TAX INCREMENT
FINANCING
Item 8.2
Mayor Hemken introduced for discussion Item 8.2, Resolution approving the
decertification of Tax Increment Financing District No. 08‐1 and Hazardous
Substance Subdistrict No. 08‐1A.
Mr. Jeff Sargent, director of community development, explained that TIF District
08‐1 was created in 2009 for the southeast corners of 42nd and Winnetka avenues.
At that time Ryan Companies was anticipating construction of a Super Target
store with ancillary retail shops. The project never materialized and the city has
not entered into any other contracts for redevelopment of the area. Per state
statute, expenditures for qualified TIF costs need to incur within five years of
certification of the district (or by April 9, 2014). He recommended the
decertification of TIF District 08‐1 and the associated Hazardous Substance
Subdistrict No. 08‐1A.
.
RESOLUTION 2020‐113
Item 8.2
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING THE DECERTIFICATION OF TAX
INCREMENT FINANCING DISTRICT NO. 08‐1 AND HAZARDOUS
SUBSTANCE SUBDISTRICT NO. 08‐1A.” 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,
London; and the following voted against the same: None; Abstained: None;
Absent: Hoffe; whereupon the resolution was declared duly passed and adopted,
signed by the mayor which was attested to by the city clerk.
LIQUOR LICENSE
REBATES
Item 8.3
Mayor Hemken introduced for discussion Item 8.3, Resolution providing 14‐week
prorated reduction of on‐sale liquor license fees for 2021 due to business impact
of COVID‐19 pandemic.
Mr. Kirk McDonald, city manager, explained at the November 16 work session,
Council supported a refund to on‐sale liquor licensees for ten weeks in light of
the governor’s order made earlier this year requiring restaurants to be closed for
approximately 10 weeks. He noted many cities in Hennepin County have taken
similar action. Mr. McDonald indicated subsequent to November 16 work session
another governor’s order was issued and restaurants must close again effective
November 20 through December 18 (four weeks). He stated the refund was
expanded to include the additional four weeks of shutdown. Each on‐sale liquor
New Hope City Council November 23, 2020
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licensee will receive a refund of $1,669. The impact to the city for all seven license
holders is $11,683 which could be covered by the CARES fund balance.
Council expressed support for expanding the resolution to 14 weeks’ license fee
refund.
RESOLUTION 2020‐114
Item 8.3
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION PROVIDING 14‐WEEK PRORATED REDUCTION
OF ON‐SALE LIQUOR LICENSE FEES FOR 2021 DUE TO BUSINESS
IMPACT OF COVID‐19 PANDEMIC.” The motion for the adoption of the
foregoing resolution was seconded by Council Member London, and upon vote
being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier,
London; and the following voted against the same: None; Abstained: None;
Absent: Hoffe; whereupon the resolution was declared duly passed and adopted,
signed by the mayor which was attested to by the city clerk.
BUSINESS LICENSE
REBATES
Item 8.4
Mayor Hemken introduced for discussion Item 8.4, Resolution providing prorated
reduction of business license fees for 2021 due to business impact of COVID‐19
pandemic.
Mr. Kirk McDonald, city manager, explained that at the November 16 work
session as part of discussions regarding refunds to restaurants/on‐sale license
holders, Council also expressed support for prorating fees for other businesses
that were temporarily shut down in March, 2020. He stated a resolution has been
drafted that would provide a 10‐week prorated refund for bowling, second hand
dealer, tattoo, and therapeutic massage license types. He stated the total loss of
revenue to the city would be $649.98.
RESOLUTION 2020‐115
Item 8.4
Council Member London introduced the following resolution and moved its
adoption: “RESOLUTION PROVIDING PRORATED REDUCTION OF
BUSINESS LICENSE FEES FOR 2021 DUE TO BUSINESS IMPACT OF
COVID‐19 PANDEMIC.” 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, London;
and the following voted against the same: None; Abstained: None; Absent: Hoffe;
whereupon the resolution was declared duly passed and adopted, signed by the
mayor which was attested to by the city clerk.
NONCONFORMING
USES ORDINANCE
PLANNING CASE 20‐13
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Ordinance No. 20‐13, an
ordinance amending Section 4‐3(a)(7) of the New Hope City Code related to
nonconforming uses (New Hope Planning Case 20‐13).
Mr. Jeff Sargent, director of community development, explained the Planning
Commission recently reviewed several text amendments for the city code and
unanimously supports adoption of the ordinances. He stated one ordinance
summary has been drafted to address all six text amendments to save on
publication costs.
Mr. Sargent stated ordinance 20‐13 will change the regulations regarding the
expiration of nonconforming structures. He stated the amendment will align New
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Hope’s code with state statute which is reasonable and easier for property owners
to understand. He stated the state code indicates a non‐conforming use must be
discontinued for a period of one year before it can no longer be continued. The
state code also states that if a non‐conforming structure is destroyed by greater
than 50% of the estimated market value, it can be rebuilt to its previous extent, as
long as a building permit is applied for within 180 days of when the structure was
first damaged.
ORDINANCE NO. 20‐13
Item 10.1
Council Member Frazier introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 20‐13, AN ORDINANCE AMENDING
SECTION 4‐3(A)(7) OF THE NEW HOPE CITY CODE RELATED TO
NONCONFORMING USES (NEW HOPE PLANNING CASE 20‐13).” 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, London; and the following voted against the
same: None; Abstained: None; Absent: Hoffe; whereupon the ordinance was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
NONCONFORMING
STRUCTURES
ORDINANCE
PLANNING CASE 20‐14
Item 10.2
Mayor Hemken introduced for discussion Item 10.2, Ordinance No. 20‐14, an
ordinance amending Section 4‐3(a)(11) of the New Hope City Code related to
nonconforming structures (New Hope Planning Case 20‐14).
Mr. Jeff Sargent, director of community development, stated New Hope City
Code currently specifies that in order to utilize a lot for residential use, the lot
must measure within 75 percent of the applicable zoning district standards for lot
area and width. As a fully built‐out city, staff believes that a lot of record should
be sufficient to allow for reconstruction of a building, assuming it meets the
minimum applicable building setback requirements for the district.
He stated staff proposes a text amendment that would allow the reconstruction
on undersized lots, as long as the lot had been established as a lot of record and
recorded as such with Hennepin County.
ORDINANCE NO. 20‐14
Item 10.2
Council Member Frazier introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 20‐14, AN ORDINANCE AMENDING
SECTION 4‐3(A)(11) OF THE NEW HOPE CITY CODE RELATED TO
NONCONFORMING STRUCTURES (NEW HOPE PLANNING CASE 20‐14).”
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, London; and the following voted against the
same: None; Abstained: None; Absent: Hoffe; whereupon the ordinance was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
SETBACK FOR DECKS
ORDINANCE
PLANNING CASE 20‐12
Item 10.3
Mayor Hemken introduced for discussion Item 10.3, Ordinance No. 20‐15, an
ordinance amending Section 4‐3(c)(6) of the New Hope City Code related to front
yard setback for decks (New Hope Planning Case 20‐12).
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Mr. Jeff Sargent, director of community development, stated New Hope City
Code currently specifies that the front yard setback for a deck is three feet from
the front property line. Staff felt this regulation was inappropriate as it could
allow for a property owner to cover the majority of their front yard with a deck.
Other cities allow for a deck to encroach into the standard front yard setback
between five to ten feet. He indicated New Hope’s front yard setback is 25 feet
and the recommendation is to change the ordinance for front yard deck setbacks
to allow for a five‐foot encroachment into the front yard setback.
ORDINANCE NO. 20‐15
Item 10.3
Council Member Elder introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 20‐15, AN ORDINANCE AMENDING
SECTION 4‐3(C)(6) OF THE NEW HOPE CITY CODE RELATED TO FRONT
YARD SETBACK FOR DECKS (NEW HOPE PLANNING CASE 20‐12).” 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, London; and the following voted against the
same: None; Abstained: None; Absent: Hoffe; whereupon the ordinance was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
FENCING AND
SCREENING
ORDINANCE
PLANNING CASE 20‐09
Item 10.4
Mayor Hemken introduced for discussion Item 10.4, Ordinance No. 20‐16, an
ordinance amending Section 4‐3(d)(3) of the New Hope City Code related to
fencing and screening (New Hope Planning Case 20‐09).
Mr. Jeff Alger, community development specialist, explained that the proposed
text amendment specifies when a permit is required to construct a fence and
clarifies height limits for fences. He stated New Hope City Code currently allows
fences 42 inches in height or less to be located on any part of a lot in residential
districts. There are no changes being proposed to that aspect of the City Code.
The proposed text amendment specifies that fences up to six‐and‐one‐half feet in
height may be located in rear yards and/or side yards that do not abut a street,
regardless of house orientation. Fences up to eight feet in height would be
allowed in rear yards and/or side yards that do not abut a street, when meeting
setback requirements for principal buildings within the applicable zoning district.
Fences up to eight feet in height would also be allowed in rear yards and/or side
yards (up to the property line) where the lot directly abuts a commercial or
industrial use (includes CB, CC, Industrial, LB, R‐B, and R‐O districts). He stated
a building permit is needed for construction of any fence that is seven feet in
height or taller.
Regarding commercial and industrial properties, Mr. Alger stated the proposed
text amendment specifies that fences up to eight feet in height may be located in
rear yards and/or side yards that do not abut a street, regardless of building
orientation. Fences up to eight feet in height may be located in front yards and/or
side yards that abut a street when meeting setback requirements for principal
buildings within the applicable zoning district. Fences in excess of eight feet
require a conditional use permit.
Mr. Alger stated the Planning Commission recommended approval of the text
amendment.
New Hope City Council November 23, 2020
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Council Member Elder asked how tall a fence could be in the rear yard of a
residential property with a permit. Mr. Alger stated that that the maximum height
would be eight feet, with a permit required for anything seven feet or taller. Any
fences taller than six‐and‐one‐half feet would be subject to building setback
requirements.
ORDINANCE NO 20‐16
Item 10.4
Council Member Frazier introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 20‐16, AN ORDINANCE AMENDING
SECTION 4‐3(D)(3) OF THE NEW HOPE CITY CODE RELATED TO
FENCING AND SCREENING (NEW HOPE PLANNING CASE 20‐09).” 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, Frazier, London; and the following voted against the
same: None; Abstained: None; Absent: Hoffe; whereupon the ordinance was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
PRIVATE SWIMMING
POOLS ORDINANCE
PLANNING CASE 20‐10
Item 10.5
Mayor Hemken introduced for discussion Item 10.5, Ordinance No. 20‐17, an
ordinance amending Section 3‐25(e) of the New Hope City Code related to private
swimming pools (New Hope Planning Case 20‐10).
Mr. Jeff Alger, community development specialist, stated in New Hope, private
swimming pools must comply with setback requirements for principal structures.
He explained in single‐ and two‐family residential districts, pools must be set
back at least 25 feet from the rear yard property line and at least 10 feet from the
side yard property line. The proposed text amendment would prohibit pools in
the front yard. It would also prohibit pools, adjacent deck areas, patios, aprons,
and other similar areas used in conjunction with a pool from being placed within
an easement. He stated setback requirements for pools in the side and rear yard
would be ten feet for each side.
Mr. Alger stated the Planning Commission supports the proposed ordinance
prohibiting pools in front yards, prohibiting pools and areas used in conjunction
from being placed within easements, and reducing setback requirements in rear
yards. He noted the setback requirements for pools are consistent with
surrounding cities.
Mayor Hemken asked if small portable pools are addressed. Mr. Alger stated
pools that are 24 inches or less in height are exempt from the city code regulations.
ORDINANCE NO 20‐17
Item 10.5
Council Member Elder introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 20‐17, AN ORDINANCE AMENDING
SECTION 3‐25(E) OF THE NEW HOPE CITY CODE RELATED TO PRIVATE
SWIMMING POOLS (NEW HOPE PLANNING CASE 20‐10).” 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, London; and the following voted against the same: None;
Abstained: None; Absent: Hoffe; whereupon the ordinance was declared duly
passed and adopted, signed by the mayor which was attested to by the city clerk.
New Hope City Council November 23, 2020
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LANDSCAPING
REQUIREMENTS
ORDINANCE
PLANNING CASE 20‐11
Item 10.6
Mayor Hemken introduced for discussion Item 10.6, Ordinance No. 20‐18, an
ordinance amending Section 4‐3(d)(4) of the New Hope City Code related to
landscaping requirements (New Hope Planning Case 20‐11).
Mr. Jeff Alger, community development specialist, stated the New Hope City
Code specifies acceptable types of landscaping in the city, stating, “The lot area
remaining after providing for off‐street parking, off‐street loading, sidewalks,
driveways, building site and/or other requirements shall be landscaped using
ground cover, ornamental grass, shrubs, trees or other acceptable vegetation or
treatment generally used for landscaping.” The proposed text amendment
specifically prohibits synthetic turfs and artificial grasses as acceptable
landscaping materials due to concerns relating to appearance, maintenance, and
stormwater runoff.
ORDINANCE NO 20‐18
Item 10.6
Council Member Elder introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 20‐18, AN ORDINANCE AMENDING
SECTION 4‐3(D)(4) OF THE NEW HOPE CITY CODE RELATED TO
LANDSCAPING REQUIREMENTS (NEW HOPE PLANNING CASE 20‐11).”
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, London; and the following voted against the
same: None; Abstained: None; Absent: Hoffe; whereupon the ordinance was
declared duly passed and adopted, signed by the mayor which was attested to by
the city clerk.
PURCHASE OF
EQIPTMENT
Item 10.7
Mayor Hemken introduced for discussion Item 10.7, Resolution authorizing the
purchase of equipment and appropriation of funds in the amount of $49,364.05
for the purchase of one Ford F‐150 Reserve Officer vehicle and ancillary
equipment.
Mr. Tim Hoyt, director of police, explained staff’s recommendation to purchase a
Ford F‐150 pickup as a reserve officer vehicle. He stated the vehicle will replace a
2013 Ford Taurus that has high mileage and will be sold at auction. A pickup will
be more practical to transport items typically handled by reserve squads. The
vehicle would be purchased through the state cooperative purchasing program
for $49,364 ($34,364.05 purchase price plus approximately $15,000 in set‐up costs).
He stated the replacement fund has $51,663 accrued for the vehicle replacement.
RESOLUTION 2020‐116
Item 10.7
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION AUTHORIZING THE PURCHASE OF
EQUIPMENT AND APPROPRIATION OF FUNDS IN THE AMOUNT OF
$49,364.05 FOR THE PURCHASE OF ONE FORD F‐150 RESERVE OFFICER
VEHICLE AND ANCILLARY EQUIPMENT.” 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, London; and the following voted against the same: None; Abstained:
None; Absent: Hoffe; 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 November 23, 2020
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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 8:08 p.m.
Respectfully submitted,
Valerie Leone, City Clerk