032023 Work Session Meeting Packet
CITY COUNCIL
WORK SESSION MEETING
New Hope City Hall, 4401 Xylon Avenue North
Northwood Conference Room
Monday, March 20, 2023
6:00 p.m. - dinner
6:30 p.m. - meeting
Mayor Kathi Hemken
Council Member John Elder
Council Member Andy Hoffe
Council Member Michael Isenberg
Council Member Jonathan London
1. CALL TO ORDER – March 20, 2023
2. ROLL CALL
11. UNFINISHED & ORGANIZATIONAL BUSINESS
11.1 Update by Human Rights Commission
11.2 Resolution approving purchase or lease of vehicles and equipment in accordance
with the city’s capital improvement program for 2023 and 2024
11.3 Resolution calling for a closed meeting of the New Hope City Council authorized
by Minn. Stat. §13D.05 to discuss litigation/settlement strategy with Ashton
Homes, LLC; Berkeley Heights Homes, LLC; Sekou AM Dukul; Dr. Sheikh K.
Dukuly II regarding group home at 3840 Boone Avenue North
12. OTHER BUSINESS
13. ADJOURNMENT
I:\RFA\POLICE\2023\Work Sessions\HRC Dialogue with council\11.1 Q ‐ Work Session HRC Dialogue 2023.docx
Request for Action
March 20, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Police
By: Tim Hoyt, Director of Police
Agenda Title
Dialogue between City Council and Human Rights Commission
Requested Action
The City Council has requested the opportunity to meet with each commission annually during a work
session environment for an exchange of information. The HRC’s last dialogue at a council work session was
on October 18, 2021.
Policy/Past Practice
The Council discussed the frequency of commission dialogues and updates and agreed to request one work
session dialogue and one council meeting update per year for each commission to report on activities.
Background
The Human Rights Commission has been invited to attend the March 20 work session to discuss the
commission’s activities and to hold a dialogue between the Council and commissioners regarding the
commission’s activities and assignments.
The Human Rights Commission currently has ten of ten authorized members serving on the commission. The
Human Rights Commission conducts a variety of educational activities, assists and guides citizens, and
serves in an advisory capacity to the City Council. The Human Rights Commission has a bias/hate crime
response plan to assist victims of this crime.
Meetings are held on the first Monday of each month at 7 p.m. at New Hope City Hall.
Discussion topics include:
2022 Accomplishments
2023 Goals and Objectives
Attachment
Human Rights Commission PowerPoint Presentation
Agenda Section
Work Session
Item Number
11.1
Human Rights CommissionCity Council Work SessionMarch 20, 2023
New HopeHuman Rights Commission“The Human Rights Commission advises the City Council on human relations and civil rights issues…and recommends the adoption of such policies or actions needed to provide for full equal opportunity in the community.”
Current State Capacity for ten members who serve two year terms; including two high school studentsCurrently fully staffed with tenMeetings are held monthlyPolice Chief acts as liaison
Current CommissionersChair Donna MeyerCo-Chair Kendra CurrySecretary Trista RehnkeKaamil HassanMaria LeonAllison IsenbergMatthew LondonMindy LondonDiane RuizEphraim Uwalaka
2022 AccomplishmentsCommission Recruitment Sunnyside Park Sponsorship Colors of the World Project ContinuationCommunity ConversationsPartnered with City Communications Director to publicize HRC eventsJuneteenth Proclamation by the City
2022 AccomplishmentsCollaborated with HR team regarding DE&I policy and statement adoptionConnected with Joint Community Policing Program (JCPP) to re-establish partnershipReviewed HRC ByLaws with proposed changes to be adopted by City Council in 2023Volunteered at City Sponsored events
2022 SubcommitteesColors of the World Community ConversationsSunnyside Park SponsorshipMarketing / Juneteenth Proclamation / HRC Spotlight of the Quarter
2023 SubcommitteesCommunity ConversationsColors of the WorldOutreach Sunnyside Park SponsorshipFundraisingIftar Dinner Co-sponsored with JCPPHispanic Heritage Celebration – Planning in 2023, Event in 2024
I:\RFA\City Manager\2023\vehicles 2023.24\Q ‐ Vehicle Purchases annual.docx
Request for Action
March 20, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: City Manager
By: Tim Hoyt, Acting City Manager
Agenda Title
Resolution approving purchase or lease of vehicles and equipment in accordance with the city’s capital
improvement program for 2023 and 2024
Requested Action
Staff requests that the City Council authorize the replacement of vehicles and equipment per the established
CIP.
Policy/Past Practice
Vehicle and equipment replacement are part of the city’s CIP that is continually updated and reviewed with
Council. In 2021 the city began leasing vehicles through Enterprise Fleet Management to improve efficiency
and as a potential cost‐savings.
Background
In 2021, the City Council approved leasing 14 police vehicles through Enterprise Fleet Management, and in
November of 2022 Council approved leasing seven additional vehicles (four community development
vehicles and three public works vehicles).
With the current supply and demand issues it is becoming increasingly difficult to secure vehicles without a
long delay. Currently there is no state contract for purchasing vehicles. The city is able to obtain large
equipment (ie loaders, tractors, snowplows) through cooperative purchasing agreements. Enterprise is able
to obtain vehicles through the state cooperative purchasing program due to the company’s volume purchases.
Sometimes when a piece of equipment is located, a quick decision must be made to secure the item, whether
through Enterprise or another vendor.
Staff would like to share the list of vehicles and equipment planned for replacement through year 2024 per
the central garage replacement schedule (and CIP) and obtain approval to proceed with replacement (some
items will be outright purchases and others will be leases). The lease rate quotes will be reviewed to ensure
the delivery price meets or beats the price through cooperative purchasing. Abdo recommends that the city
continues to pursue the leasing option for some vehicles and will conduct a more thorough analysis of costs
savings in 2025 after the initial four‐year lease cycles have expired.
Ancillary equipment required for vehicle set‐up will be funded by the central garage replacement fund.
Equipment removed from the current vehicles will be re‐used on the new models whenever possible.
Recommendation
Staff and Abdo recommend approval of the resolution approving the purchases in accordance with the CIP.
Agenda Section
Work Session
Item Number
11.2
Request for Action, Page 2
Attachments
Resolution
List of items scheduled for replacement through 2024
I:\RFA\City Manager\2023\vehicles 2023.24\Q ‐ Vehicle Purchases annual.docx
City of New Hope
Resolution 23‐
Resolution approving purchase or lease of vehicles and equipment
in accordance with the city’s capital improvement program for 2023 and 2024
WHEREAS, the city of New Hope prepares a ten‐year capital improvement program (CIP) as a
guiding document for equipment acquisition and improvement projects to assist
with preparation of each annual operating budget; and,
WHEREAS, due to supply chain issues staff recommends Council authorize acquisition of
vehicles and equipment planned for replacement through year 2024 per the CIP;
and
WHEREAS, equipment and vehicles will only be replaced when it is determined to be in the
city’s best interest; and
WHEREAS, the city previously entered into a Master Equity Lease Agreement with
Enterprise Fleet Management and additional vehicles may be leased through the
open‐end lease rate quotes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota,
as follows:
1. Staff is authorized to purchase or lease of vehicles and equipment in
accordance with the city’s capital improvement program for 2023 and 2024.
2. Staff may accept trade‐in values of existing owned‐equipment, when
applicable.
3. Staff is authorized to utilize funding through the central garage replacement
fund.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 20th
day of March, 2023.
Mayor
Attest:
City Clerk
Veh/Eqp replacement thru 2024
Replacement
ID Year Make Model/Description Year Comments
6 2003 Sterling Water Tanker 2023
7 2012 International Tandem 2022 previously approved (may receive from Mack)
16 2012 Ford 1-Ton Utility 2022 need small mini-van
18 2002 Smitchco Litter picker 2022 delay replacement
29 2009 John Deere 5105 Tractor 2024
43 2014 International Dump Truck 2024
45 2014 Tennant Floor Scrubber 2024
46 2015 Bobcat Toolcat 2023
49 2015 Bobcat Broom for #46 2023
52 2015 Bobcat Snowblower for #46 2023
59 2012 Ford Pickup - Utilities sup 2023 need 1500 extend. Cab - keep #59 for seasonal
65 2014 Ford 1T Dump Druck 2024
76 2007 Komatsu Fork Lift 2022 delay replacement
77 2010 Ford Compresor Truck 2022
80 2014 Ford Service Truck 2024
81 2014 Advance Floor Sweeper-Public Works 2024
82 2014 Lely Fert. Spreader 2024
91 2016 Kubota Mower 2024
105 1984 Chev Swat Van 2024 Enterprise quote recvd
125 2009 Chev Impala Unmarked 2022 will probably keep #125
135 2012 Dodge Cargo van 2023 Enterprise quote recvd (Crystal pays 50%)
140 2013 Ford Taurus investigator veh (unmarked)2019 will likely replace with 169 or 170
142 2013 Ford SUV marked (SRO)2022 will likely replace with 169 or 170
165 2018 Ford SUV Marked Squad 2022 Enterprise quote recvd
168 2019 Ford F150 Marked CSO Truck 2023 may keep #168 til 2027--low mileage
169 2020 Ford SUV Marked Squad 2024 Enterprise quote recvd--keep #169 or 170, auction 142
170 2020 Ford SUV Marked Squad 2024 Enterprise quote recvd
171 2020 Ford SUV Marked Squad 2024 Enterprise quote recvd
204 2008 Ford Pickup - Utilities 2022 repurpose #204
205 2008 Ford Pickup - Forester (repurpose)2022 Ent. Quote - Ram 1500--repurpose #205
207 2010 Grapple Hook 2024
225 2012 Ford 1-Ton Dump/Sander 2023
226 2012 John Deere Tractor - Small 2024
227 2012 Ford Pickup Streets / Parks (repurpose)2022 Ent. Quote - Ram 1500-repurpose #227
228 2012 Message Arrow Board 2024
232 2013 Ford Pickup (repurpose)2023 Ent. Quote recvd-Chev Silverado--repurpose #232
233 2013 Parker Hyd Hose Crimper 2023
246 2016 Maclean MV4 sidewalk machine 2024
260 2014 Aries Sewer Camera 2024
262 2017 Snapon Verus scan tool 2022 may retain until obsolete
303 2000 John Deere 1200A sand trap rake 2020 life extended
305 1997 Toro Greens aerator 2020 life extended
403 2014 Zamboni Batteries 2023
408 2012 Unknown Floor Scrubber 2022
I:\RFA\City Manager\2023\Closed mtg\RFA 11.3 Closed Mtg litigation.docx
Request for Action
March 20, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk‐Treasurer
Agenda Title
Resolution calling for a closed meeting of the New Hope City Council authorized by Minn. Stat §13D.05,
Subd. 3(b) to discuss and consider litigation defense and settlement strategies
Requested Action
Staff requests the opportunity to discuss with the Council litigation strategy.
Policy/Past Practice
Per MS §13D.05, subd. 3(b) meetings between the governing body and its attorney to discuss active,
threatened, or pending litigation may be closed when balancing of the purposes served by the attorney‐client
privilege against those served by the open meeting law dictates the need for absolute confidentiality. The
need for absolute confidentiality should relate to litigation strategy and will usually arise only after a
substantive decision on the underlying matter has been made.
Background
The closed meeting will be held immediately following adjournment of the regular work session.
Before closing the meeting, Council must state on the record the specific grounds permitting the meeting to
be closed and describe the subject to be discussed (Ashton Homes, LLC; Berkeley Heights Homes, LLC,
Sekou AM Dukuly and Dr. Sheikh K. Dukuly II v. City of New Hope, Tim Hoyt and Eric Hanson lawsuit
regarding rental registration permit revocations of properties at 3840 Boone Ave. N. and 3957 Wisconsin Ave
N.).
Ms. Jessica Schwie with Kennedy & Graven will be in attendance. She is the attorney appointed by the
League of Minnesota Cities Insurance Trust who is handling the lawsuit on behalf of the city.
Attachment
Resolution
Agenda Section
Work Session
Item Number
11.3
1
RESOLUTION NO. 23-__
RESOLUTION CALLING FOR A CLOSED MEETING
OF THE NEW HOPE CITY COUNCIL
AUTHORIZED BY MINN. STAT. §13D.05, SUBD. 3(b) TO DISCUSS
AND CONSIDER LITIGATION DEFENSE AND SETTLEMENT STRATEGIES
WHEREAS, the New Hope City Council (“Council”) is considering litigation defense
and potential settlement strategies relating to the ongoing litigation titled Ashton Homes;
Berkeley Heights Homes, LLC, Sekou AM Dukuly and Dr. Sheikh K. Dukuly II v. City of New
Hope, Tim Hoyt and Eric Hanson (“Lawsuit”) regarding rental registration permit revocations of
properties at 3840 Boone Ave. N. and 3957 Wisconsin Ave N., New Hope, Minnesota;
WHEREAS, the specific grounds permitting the meeting to be closed are the Council’s
discussion and consideration of litigation defense and settlement strategies in the Lawsuit with
the City Attorney and the attorneys retained to represent the City in defense of said Lawsuit,
Jessica Schwie and Josh Devaney of the law firm Kennedy & Graven, Chartered (“Special
Counsel”);
WHEREAS, the Council is considering litigation methods and strategy including potential
settlement strategies and requires the legal advice of the City Attorney and the Special Counsel
regarding the same;
WHEREAS, the Council’s discussion and consideration of litigation methods and
strategy including potential settlement strategies in the Lawsuit with City Attorney and Special
Counsel is covered by the attorney-client privilege pursuant to Minn.Stat.§13D.05, Subd. 3(b);
WHEREAS, the balancing of the purposes of the attorney-client privilege against the
purposes of the open meeting law demonstrates the need for absolute confidentiality and requires
a closed meeting;
WHEREAS, Minn. Stat. §13D.05 Subd. 3(b) authorizes and permits the Council, by a
majority vote taken in a public meeting, to hold a closed meeting to discuss and consider litigation
methods and strategy including potential settlement strategies with the City Attorney and Special
Counsel pursuant to attorney-client privilege; and
WHEREAS, a closed meeting is necessary in that public disclosure of the information to
be discussed at the closed meeting could possibly damage the City Council’s position in defending
itself against this Lawsuit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope
as follows:
2
1. That a closed meeting of the City Council shall be held on 20th day of March, 2023
immediately following the adjournment of the regularly scheduled work session meeting of the
New Hope City Council in the Northwood Conference Room at the New Hope City Hall.
2. That the purpose of the meeting shall be the discussion of the litigation methods
and litigation strategy in the Lawsuit with the City Attorney and the Special Counsel.
3. That said meeting shall not be open to the public.
4. That the New Hope City Clerk shall not be directed to electronically record the
meeting because it is a closed meeting under the attorney-client privilege.
5. That the New Hope City Clerk shall prepare a written roll of the City
Councilmembers and all other persons present at the closed meeting and make said roll available
for public inspection upon adjournment of the closed meeting.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this
20th day of March, 2023.
____________________________________
Kathi Hemken, Mayor
Attest: _______________________
Valerie Leone, City Clerk
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-53088 Ashton Homes, Berkeley Heights, Dukuly lawsuit\Resolution - closed meeting.docx