10 24 22 City Council MinutesNew Hope City Council October 24, 2022
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City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes October 24, 2022
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
Andy Hoffe, Council Member
Michael Isenberg, Council Member
Jonathan London, Council Member
Tim Hoyt, Acting City Manager
Dan Boyum, City Engineer
Valerie Leone, City Clerk
Jeff Sargent, Director of Community Development
Bernie Weber, Director of Public Works
Stacy Woods, City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Hoffe, seconded by Council Member
London, to approve the regular meeting minutes of October 10, 2022. Voted in
favor thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following voted
against the same: None; Abstained: None; 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’ names 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. Tim Hoyt, acting city manager, reviewed the consent
items.
BUSINESS LICENSES
Item 6.1
Approval of business license(s).
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through October 24, 2022.
New Hope City Council October 24, 2022
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RESOLUTION 2022‐111
Item 6.4
Resolution approving an amendment to the revenue note (Homeward Bound
Project), Series 2014, and authorizing the execution and delivery of an allonge to
the note.
RESOLUTION 2022‐112
Item 6.5
Resolution in support of three Hennepin Youth Sports Program grant applications.
RESOLUTION 2022‐113
Item 6.6
Resolution approving Fencing Consortium Joint Powers Agreement.
MOTION
Consent Items
Motion was made by Council Member Isenberg, seconded by Council Member
Elder, to approve the Consent items. All present voted in favor. Motion carried.
RENTAL LICENSE
3840 BOONE AVE N
Item 7.1
Mayor Hemken introduced for discussion Item 7.1, Civil hearing regarding
revoking rental property registration permit for 3840 Boone Avenue, relating to
three disorderly behavior violations.
Mr. Jeff Sargent, director of community development, explained that the properly
located at 3840 Boone Avenue North is a group home owned by Berkeley Heights
Homes, LLC. He stated three disorderly behavior violations have occurred at the
property since April 17, 2022, which prompted a hearing by the city. He stated the
Council will decide to take any of the following actions against the property owner
relating to the rental property registration permit: 1) impose a fine; 2) revoke the
permit; 3) suspend the permit for a specific period of time; or 4) take no action. He
stated at this time staff is recommending revoking the rental registration license
due to inadequate management of the property and its tenants. The entity would
not be allowed to reapply for a rental license at this address for up to three years.
Mr. Sargent explained that the Disorderly Behavior at Registered Rental Dwelling
Units ordinance was adopted in 2006 to assure that rental housing in the city is
decent, safe and sanitary and is so operated and maintained as not to become a
nuisance to the neighborhood or to become an influence that fosters blight and
deterioration or creates a disincentive to reinvestment in the community.
He stated as outlined in the ordinance, the property owner is given the opportunity
to be heard at a public meeting. The property owner may be represented by
counsel and the city official may be represented by the city attorney. The Council
shall hear all relevant evidence and arguments and shall review all testimony,
documents, and other evidence submitted. Following the hearing, the Council
shall make findings based on the evidence and shall make a decision on the
recommendation to fine, revoke, suspend, deny, or not renew a registration permit
based on the findings. He stated a written decision will be issued to the property
owner within 30 days of the hearing. He stated the city attorney will preside over
the hearing.
Ms. Stacy Woods, city attorney, accepted testimony relative to the three disorderly
behavior slips issued on April 17, 2022; June 28, 2022; and September 19, 2022. She
presented Exhibits A‐H.
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Testimony was accepted by Officer Michael TenEyck, Officer Sabrina DeMars,
Officer Corey Cracknell and Police Chief Tim Hoyt. Chief Hoyt explained that
there have been 62 police calls to the property in a 12‐month period.
Mr. Sheikh K. Dukuly II, on‐site property manager, and Anna Rollag, program
coordinator, also provided testimony.
Ms. Woods thanked the individuals for their testimonies. She stated the City
Council will issue a verbal decision at this time, and the decision will be provided
in writing to the property owner within 30 days.
CLOSE HEARING
Item 7.1
Motion was made by Council Member London, seconded by Council Member
Elder, to close the public hearing. All present voted in favor. Motion carried.
Discussion ensued between the members of the Council regarding the disorderly
behavior citations. It was determined that the property owner had violated Section
3‐31(i) of the City Code by allowing tenants of the property to engage in three or
more acts of disorderly behavior at the property within a 12‐month period.
MOTION
Item 7.1
Motion was made by Elder, seconded by Council Member London, to revoke the
rental property registration permit for 3840 Boone Avenue North for three years.
Voted in favor thereof: Hemken, Elder, Hoffe, Isenberg, London; and the following
voted against the same: None; Abstained: None; Absent: None. Motion carried.
2023 PROJECT
(IMPROVEMENT
PROJECT NO. 1090
Item 7.2
Mayor Hemken introduced for discussion Item 7.2, Resolution ordering the
construction of and preparation of plans and specifications for the 2023
Infrastructure project (Improvement Project No. 1090).
Mr. Dan Boyum, city engineer, stated the 2023 infrastructure improvements
include the Northwood southeast neighborhood, the Winnetka Green townhome
area, and parts of 61st Avenue North and Sumter Avenue North. He stated due to
the street surface rating of 72.5, the street work proposed for the Northwood
northeast area will be delayed except for 37th Avenue North. The project includes
street improvements, water main replacement, sanitary sewer improvements, and
storm sewer improvements. Alternates will be sought for a pollinator/rain garden,
storm outlet improvements at Meadow Lake, and possibly park trail
improvements.
The estimated project cost is $4,884,623 and the CIP budget contains $4,980,371.
Mr. Boyum reviewed the funding sources. The project will be funded with street
infrastructure funds and utility funds. There are no tax‐exempt properties in the
proposed project area so there be no assessments. He pointed out there is a funding
shortfall in the water fund and some streets proposed for water main
improvements may need to be delayed.
Mr. Boyum reviewed the project schedule. He stated neighborhood meetings will
be held in November. If Council orders the project, plans and specifications will be
presented in January of 2023.
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Mayor Hemken opened the floor for the public hearing. There was no one present
desirous of addressing Council for the public hearing.
CLOSE HEARING
Item 7.2
Motion was made by Council Member Elder, seconded by Council Member
Isenberg, to close the public hearing. All present voted in favor. Motion carried.
RESOLUTION 2022‐114
Item 7.2
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION ORDERING THE CONSTRUCTION OF AND
PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2023
INFRASTRUCTURE PROJECT (IMPROVEMENT PROJECT NO. 1090).” 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, Hoffe, Isenberg, 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 PROJECT
ASSESSMENTS
(IMPROVEMENT
PROJECT NO. 1034)
Item 7.3
Mayor Hemken introduced for discussion Item 7.3, Resolution adopting
assessments for improvement project no. 1034 (2020 Infrastructure Improvement
Project).
Mr. Tim Hoyt, acting city manager, explained this is the assessment hearing for the
2020 Infrastructure Project No. 1034. There are two properties to be assessed:
Hidden Valley Park owned by the city of New Hope for $1,889.25 and 3351
Independence Avenue North owned by Evergreen Community Church for
$6,244.20. The final assessments are lower than the estimate. He stated Evergreen
Church was notified of the assessment and the public hearing.
Mayor Hemken opened the floor for the public hearing. There was no one present
desirous of addressing Council for the assessment public hearing.
CLOSE HEARING
Item 7.3
Motion was made by Council Member Hoffe, seconded by Council Member
Isenberg, to close the public hearing. All present voted in favor. Motion carried.
RESOLUTION 2022‐115
Item 7.3
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION ADOPTING ASSESSMENTS FOR IMPROVEMENT
PROJECT NO. 1034 (2020 INFRASTRUCTURE IMPROVEMENT PROJECT).”
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, Hoffe, Isenberg, 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.
CHANGE ORDER
NO. 5
(IMPROVEMENT
PROJECT NO. 1039)
Item 8.1
Mayor Hemken introduced for discussion Item 8.1, Resolution approving Change
Order No. 5 for $18,654.60 with Rochon Corporation for Phase 1 improvements at
the Public Works facility (Improvement Project No. 1039).
Mr. Dan Boyum, city engineer, explained change order number 5 for $18,654.60
with Rochon Corporation for the public works facility project. He stated the change
New Hope City Council October 24, 2022
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order includes light fixtures and long‐range RFID readers and extra cost for wear
course paving and patching in the parking lot. Staff reviewed the change order
with Council at the October work session.
RESOLUTION 2022‐116
Item 8.1
Council Member London introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING CHANGE ORDER NO. 5 FOR
$18,654.60 WITH ROCHON CORPORATION FOR PHASE 1 IMPROVEMENTS
AT THE PUBLIC WORKS FACILITY (IMPROVEMENT PROJECT NO. 1039).”
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, Hoffe, Isenberg, 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.
MOBILE FOOD
UNITS
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Ordinance No. 22‐10, An
ordinance amending section 8‐6(d)(14)a of the New Hope City Code related to
mobile food units.
Mr. Tim Hoyt, acting city manager, stated the ordinance amendment is a minor
change to chapter 8 regarding mobile food units. Applicants must submit copies
of a county license to the city in order to be considered for a mobile food unit
permit in New Hope. The state of Minnesota recently delegated licensing authority
to Hennepin County. The ordinance amendment was prepared by the city
attorney.
ORDINANCE 22‐10
Item 10.1
Council Member Elder introduced the following ordinance and moved its
adoption: “ORDINANCE NO. 22‐10, AN ORDINANCE AMENDING SECTION
8‐6(D)(14)A OF THE NEW HOPE CITY CODE RELATED TO MOBILE FOOD
UNITS.” The motion for the adoption of the foregoing ordinance was seconded by
Council Member Isenberg, and upon vote being taken thereon, the following voted
in favor thereof: Hemken, Elder, Hoffe, Isenberg, 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 Elder, seconded by Council Member
Isenberg, 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 8:55 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
New Hope City Council October 24, 2022
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