032723 City Council Meeting Packet
NEW HOPE CITY COUNCIL
MEETING AGENDA
March 27, 2023
7:00 p.m.
City Hall – Council Chambers
4401 Xylon Avenue North
Mayor Kathi Hemken
Council Member John Elder
Council Member Andy Hoffe
Council Member Michael Isenberg
Council Member Jonathan London
The City Council wants and encourages citizen participation at Council Meetings. Your input and
opinions count and are valuable. You are encouraged to bring forth your comments and issues at
the appropriate point on the agenda.
A 15‐minute maximum Open Forum is held at the beginning of each Council Meeting. At this time
any person may address the Council on any subject pertaining to City business not listed on this
agenda or scheduled as a future agenda item. The Council requests that you limit your presentation
to 3 minutes. Anyone wishing to address the City Council on a particular item should raise their
hand and be recognized by the Mayor. Approach the podium and speak into the microphone by
first stating your name and address. Also, please record your name on the roster at the table near
the door so that your name will be spelled correctly in the minutes.
Individuals should not expect the Mayor or Council to respond to their comments tonight; Council
may refer the matter to staff for handling or for consideration at a future meeting. You are welcome
to contact the city clerk at 763‐531‐5117 after the council meeting.
COUNCIL MEETING BROADCASTS AND STREAMING
Government Access channel 16 programming includes live/taped meeting replays
Live on‐line meetings and past meetings on‐demand are available through www.nwsccc.org.
www.newhopemn.gov
New Hope Values and Vision
City Mission
Strong local government that is proactive in responding to the community needs and issues by delivering quality
public service to all city residents, businesses, property owners, and organizations in a prudent and e cient manner.
Values
Excellence and Quality in the Delivery of Services
We believe that service to the public is our reason for being and strive to deliver quality services in a
highly professional and cost-e ective manner.
Fiscal Responsibility
We believe that fi scal responsibility and the prudent stewardship of public funds and city assets is essential if
residents are to have confi dence in government.
Ethics, Integrity and Professionalism
We believe that ethics, integrity, and professionalism are the foundation blocks of public trust and confi dence and
that all meaningful relationships are built on these values.
Respect for the Individual
We believe in the uniqueness of every individual, and welcome, appreciate, and respect diversity and the di ering
of opinions.
Open, Honest, and Respectful Communication
We believe that open, honest, and respectful communication is essential for an informed and involved citizenry
and to foster a positive environment for those interacting with our city.
Cooperation and Teamwork
We believe that the public is best served when all work cooperatively.
Visionary Leadership and Planning
We believe that the very essence of leadership is to be responsive to current goals and needs, and visionary in
planning for the future.
Vision
e city is a great place to grow as a family, individual, or business.
All within our city are safe and secure.
Essential services will be those that promote a safe and healthy environment for all residents.
Essential services and programs will be enhanced and streamlined, and will be provided in an economical manner
and with measurable results.
e city views residents as its greatest asset and seeks their input and participation.
e city will meet the communication needs of citizens, elected o cials, and city sta .
Strategic Goals
e city will maintain and improve its infrastructure (water distribution, storm water, sewer, roads, parks,
lighting, and city facilities).
e city will use frugal spending and resourceful fi nancial management to maintain its fi scal health.
e city will encourage maintenance, redevelopment, and reinvestment of existing properties to improve
or enhance its tax base.
e city will provide core services with a professional sta who are equipped with the necessary tools and
equipment and given necessary direction.
e city will facilitate and improve communications to promote e ective intergovernmental cooperation
between sta , citizens, and Council.
Adopted by the New Hope City Council, August 2006
Reaffirmed by the New Hope City Council, February 2023
CITY COUNCIL MEETING
City Hall, 4401 Xylon Avenue North
March 27, 2023
7:00 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – March 27, 2023
2. ROLL CALL
3. APPROVAL OF MINUTES:
• Regular Meeting Minutes – March 13, 2023
4. OPEN FORUM
5. PRESENTATIONS
6. CONSENT BUSINESS
6.2 Approval of financial claims through March 27, 2023
6.4 Motion approving amendments to the Human Rights Commission Mission
Statement and Bylaws
6.5 Motion to accept a $1,500 donation in memory of Bruce and Shirley Berglin
6.6 Motion waiving permit fees for temporary signs for New Hope Lions Pancake
Breakfast on April 16, 2023
6.7 Resolution approving final payment to Sunram Construction, Inc. in the amount
of $156,065.16 for the construction of the city hall and pool parking lots,
landscaping, and park trails (Improvement Project Nos. 994/941)
7. PUBLIC HEARING
8. DEVELOPMENT AND PLANNING
9. PETITIONS AND REQUESTS
10. ORDINANCES AND RESOLUTIONS
10.1 Resolution establishing findings of fact and conclusions of law relating to revocation of
rental property registration permit for Richard Swenson for having a third instance of
disorderly behavior at the property located at 3959 Oregon Avenue North
11. UNFINISHED AND ORGANIZATIONAL BUSINESS
12. OTHER BUSINESS
12.1 Exchange of communication between members of the city council
13. ADJOURNMENT
Memorandum
To: New Hope City Council
From: Tim Hoyt, Acting City Manager
Date: March 23, 2023
Subject: Agenda Items for Monday, March 27, 2023
Open Forum
We are not aware of anyone who intends to address Council for the open forum.
Items 6.1, 6.2, and 6.3
Item 6.1 – there are no new business license requests.
Item 6.2 ‐ involves routine financial claims.
Item 6.3 – there are no new liability claims to report.
Item 6.4
This item approves the Human Rights Commission’s bylaws that were recently reviewed and updated by
the HRC.
Item 6.5
Family members of Bruce and Shirley Berglin have donated $1,500 for the purchase of a bench at
Hidden Valley Park. The bench with an engraved plaque will be installed this spring. Director Rader
and I recommend acceptance of the donation.
Item 6.6
The New Hope Lions are requesting the city waive permit fees of $80 for temporary signs used to
advertise the annual pancake breakfast. The fundraising event will be held on April 16 at the Crystal
Community Center. Council historically waives permit fees for events conducted by non‐profit
organizations. Director Sargent and I recommend approval.
Item 6.7
This final payment relates to the contract with Sunram Construction for the city hall and pool parking
lots, landscaping, and park trails at Civic Center Park. Staff has provided several periodic status
updates to Council regarding the project, and Council supported staff’s recommendation to deduct a
portion of the retainage for the additional engineering costs. Although it was a challenge to get the
contractor to finish the work and discuss terms for additional engineering services caused by contractor
delays, an agreement has finally been reached. Staff recommends final payment to Sunram
Construction, Inc. for $156,065.16 which includes the final retainage. A deduction of $28,300.58 was
made for additional engineering costs incurred by the city. Funding sources include city hall bonds,
park/pool bonds, and temporary financing if Abdo determines a fund transfer is necessary. Director
Rader and I recommend approval.
Page 2
Item 10.1
A public hearing was held on March 13, 2023, to consider revocation of the rental property permit for 3959
Oregon Avenue North as a result of multiple disorderly behavior citations. Following the public hearing
staff was directed to prepare a resolution revoking the rental registration permit for Richard Swenson,
property owner of 3959 Oregon Avenue North, and prohibiting the owner from re‐applying for another
rental registration permit in the city for a period of three years. The city attorney has prepared a resolution
establishing findings of fact and conclusions of law relating to the revocation of a rental property registration
permit due to the disorderly behavior violations. Director Sargent and I recommend approval.
Item 12.1
Mayor Hemken will review the list of upcoming events/meetings.
If you have any questions regarding items in the agenda packet, please call me so that staff can
research any issues and be prepared to respond at the meeting.
New Hope City Council March 13, 2023
Page 1
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
City Council Minutes March 13, 2023
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
Jeff Sargent, Director of Community Development
Jeff Alger, Community Development Specialist
Dan Boyum, City Engineer
Dave Lemke, Public Works Operations Manager
Valerie Leone, City Clerk
Susan Rader, Director of Parks & Recreation
Bernie Weber, Director of Public Works
Stacy Woods, City Attorney
APPROVAL OF
MINUTES
Motion was made by Council Member Hoffe, seconded by Council Member
Isenberg, to approve the work session meeting minutes of February 21, 2023.
Voted in favor thereof: Hemken, Hoffe, Isenberg, London; and the following voted
against the same: None; Abstained: Elder; Absent: None. Motion carried.
Motion was made by Council Member Hoffe, seconded by Council Member
London, to approve the regular meeting minutes of February 27, 2023. Voted in
favor thereof: Hemken, Hoffe, Isenberg, London; and the following voted against
the same: None; Abstained: Elder; 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
removed for discussion. Mr. Jeff Sargent, community development director,
reviewed the consent items.
New Hope City Council March 13, 2023
Page 2
FINANCIAL CLAIMS
Item 6.2
Approval of financial claims through March 13, 2023.
RESOLUTION 2023‐30
Item 6.4
Resolution relating to $4,016,000 Health Care Facilities Refunding Revenue Bond
(St. Therese Home, Inc. Project), Series 2012A and $2,634,000 Health Care Facilities
Revenue Bond (St. Therese Homes, Inc. Project) Series 2012B; authorizing an
amendment to trust indenture therefor.
MOTION
Consent Items
Motion was made by Council Member Elder, seconded by Council Member
London, to approve the Consent items. All present voted in favor. Motion carried.
CIVIL HEARING
3959 OREGON AVE
RENTAL PROPERTY
REGISTRATION
Item 7.1
Mayor Hemken introduced for discussion Item 7.1, Civil hearing regarding
revoking rental property registration permit for 3959 Oregon Avenue, relating to
three disorderly behavior violations.
Mr. Jeff Sargent, director of community development, explained that three
disorderly behavior violations have occurred at the property within a 12‐month
period. He stated Council is conducting a hearing and 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 one year.
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. 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 disorderly
behavior slips issued on September 2, 2022; January 10, 2023; January 13, 2023; and
January 16, 2023. She presented Exhibits B, C, F, G, J and K.
Testimony was accepted by Officer Jared Gray, Director Jeff Sargent, and Officer
Daniel Fitzmaurice.
The property owner, Mr. Richard Swenson, also provided testimony. He informed
Council that he has retained an attorney and has initiated the eviction process for
the current tenant. He also stated his intention of selling the property.
New Hope City Council March 13, 2023
Page 3
Mayor Hemken opened the floor for the public hearing. There was no one in the
audience wishing to address the Council for the public hearing.
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.
Director Sargent stated staff will present a resolution of the findings for Council to
consider on March 27, 2023. He stated if the rental registration is revoked, tenants
must vacate within 60 days.
CLOSE HEARING
Item 7.1
Motion was made by Council Member Elder, seconded by Council Member
London, 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 London, seconded by Council Member Hoffe, to revoke the
rental property registration permit for 3959 Oregon Avenue. All present voted in
favor. Motion carried.
AWARD CONTRACT
INFRASTRUCTURE
PROJECT 1090
Item 8.1
Mayor Hemken introduced for discussion Item 8.1, Resolution awarding contract
to Northwest Asphalt, Inc. for construction of the 2023 Infrastructure Project 1090
(Improvement Project No. 1090).
Mr. Dan Boyum, city engineer, illustrated the project area and described the street
and utility work primarily in the Northwood southeast neighborhood and street
work near Elm Grove Avenue. He stated the low bid was submitted by Northwest
Asphalt, Inc. for a base bid of $2,080,032.80.
Mr. Boyum recommended award of the four alternate bids including Liberty Park
Basketball Court improvements, Hidden Valley Park trail improvements, Meadow
Lake Elementary School pickle ball court improvements, and Meadow Lake storm
sewer culvert improvements for $167,245.39 for a total contract amount of
$2,247,278.19. He stated the total estimated cost, including contingencies and
indirect costs, is $2,831,570.48 which is lower than the amount budgeted in the
capital improvement program (CIP). He commented on the difference between the
CIP and the bids are due to the elimination of the streets in the northeast
Northwood Park neighborhood that were originally included in the project scope
but have been delayed until 2025; inflation adjustments that were incorporated
into the CIP numbers and favorable bids. He stated funding sources include the
street infrastructure fund, park infrastructure fund, and utility funds. Mr. Boyum
explained that there are no tax‐exempt properties in the project area and therefore
there will not be any special assessments.
New Hope City Council March 13, 2023
Page 4
Mr. Boyum reviewed the project schedule and stated the project will be
substantially complete by fall of 2023. He stated Northwest Asphalt has been
awarded prior contracts in the city, and the city has been satisfied with the work.
Council Member London commented on the large discrepancy between the CIP
and actual bids.
Mr. Boyum stated the industry projection of street work was a 20% increase over
last year. He noted Northwest Asphalt is working on a project located in Golden
Valley that likely resulted in project cost‐efficiencies and the favorable bid prices.
He stated Stantec can provide a detailed analysis if so requested.
RESOLUTION 2023‐31
Item 8.1
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION AWARDING CONTRACT TO NORTHWEST
ASPHALT, INC. FOR CONSTRUCTION OF THE 2023 INFRASTRUCTURE
PROJECT (IMPROVEMENT PROJECT NO. 1090).” 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.
42ND AVENUE
IMPROVEMENTS
(IMPROVEMENT
PROJECT NO. 1029)
Item 8.2
Mayor Hemken introduced for discussion Item 8.2, Resolution approving plans
and specifications and authorizing to advertise for bids for the proposed 42nd
Avenue Signal Lighting, Trail, and Utility Improvement Project (Improvement
Project No. 1029).
Mr. Dan Boyum, city engineer, explained staff is seeking approval of plans and
specifications and authorization to advertise for bids for the 42nd Avenue signal
lighting, trail, and utility improvement project. MnDOT is in the process of
reconfiguring TH 169 and the 42nd Avenue bridge and interchange. The city has
been coordinating with Hennepin County to complete improvements along 42nd
Avenue between Gettysburg Avenue and Xylon Avenue to coincide with
MnDOT’s project. The city will coordinate the county’s signal project at 42nd and
Boone with a city project to install decorative lighting between Gettysburg to Xylon
Avenue, construct a new trail and burying Xcel power from Boone to Gettysburg
Avenue, and making watermain improvements from Xylon to Gettysburg
Avenue. He noted it is recommended that construction of a city monument sign
be delayed until after completion of the TH 169/42nd Avenue bridge and
interchange improvements.
Mr. Boyum stated Hennepin County has requested Stantec to oversee the mill and
overlay improvements to 42nd Avenue for which the county will fund. Mr. Boyum
explained some existing brick pavers at Xylon and 42nd Avenue that were installed
in 2015 will be replaced with colored concrete to meet current ADA requirements.
The estimated cost of the project for the city is $2,363,358 and $1,915,578 for the
county for a total project cost of $4,278,936. The funding sources include state aid,
street light fund, water fund, and county funds. He stated after the bid opening
Hennepin County will reimburse the city for 95% of the estimated costs with the
New Hope City Council March 13, 2023
Page 5
remaining final 5% reimbursed at project closeout. Mr. Boyum stated bids will be
presented to Council at the April 24 meeting for consideration of a contract award.
Mr. Boyum reviewed the project schedule and stated the project will be
substantially complete by fall of 2023.
Council Member London inquired regarding the county’s request for project
coordination by Stantec and the city. Mr. Boyum indicated there are many benefits
by having one primary contractor oversee a project.
Council Member London noted he would prefer a full reconstruction rather than
the mill and overlay on 42nd Avenue. Mr. Boyum stated additional milling will take
place at each joint to prevent cracks.
Council Member London noted the 2015 installation of pavers at the 42nd/Xylon
Avenue intersection was a wasteful use of city funds.
RESOLUTION 2023‐32
Item 8.2
Council Member Elder introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND AUTHORIZING TO ADVERTISE FOR BIDS FOR THE PROPOSED
42ND AVENUE SIGNAL LIGHTING, TRAIL, AND UTILITY IMPROVEMENT
PROJECT (IMPROVEMENT PROJECT NO. 1029).” The motion for the adoption
of the foregoing resolution 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 resolution was declared duly
passed and adopted, signed by the mayor which was attested to by the city clerk.
42ND AVENUE
DECORATIVE
LIGHTING PROJECT
(IMPROVEMENT
PROJECT NO. 1097)
Item 8.3
Mayor Hemken introduced for discussion Item 8.3, Resolution authorizing the
purchase of decorative streetlights for the 42nd Avenue Decorative Lighting
Project (Improvement Project No. 1097).
Mr. Dan Boyum, city engineer, explained in 2019 the city placed decorative
streetlights along 42nd Avenue from Xylon to Nevada Avenue. Placement of
decorative lights from Xylon to Gettysburg Avenue along 42nd Avenue has been
identified in the city’s ten‐year CIP.
Mr. Boyum stated there is a 10‐week delivery schedule so staff recommends
purchasing the lighting elements with banner arms directly from the suppliers and
providing the lights to the contractor that will be awarded the 42nd Avenue
improvements project. The cost is $5,600 per light which totals $61,600, and funds
are available in the street light fund.
RESOLUTION 2023‐33
Item 8.3
Council Member Hoffe introduced the following resolution and moved its
adoption: “RESOLUTION AUTHORIZING THE PURCHASE OF
DECORATIVE STREETLIGHTS FOR THE 42ND AVENUE DECORATIVE
LIGHTING PROJECT (IMPROVEMENT PROJECT NO. 1097).” 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;
New Hope City Council March 13, 2023
Page 6
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.
LIGHTED BASEBALL
FIELD
IMPROVEMENTS
(IMPROVEMENT
PROJECT NO. 1095
Item 8.4
Mayor Hemken introduced for discussion Item 8.4, Resolution approving plans
and specifications and authorizing advertisement of bids for Lighted Baseball
Field improvements (Improvement Project No. 1095).
Mr. Dan Boyum, city engineer, reviewed the proposed improvements to lighted
baseball field at 8810 49th Avenue North. He stated the scope of the work includes
reshaping and grading the infield grass area, reshaping and leveling a portion of
the outfield, rebuilding the pitchers mound, and some fence repairs. The use of
sod, rather than seed, is needed in order for play to resume on the field next spring.
The project would also include improvements to the trail between the parking lot
and field, removal of a park building near the left outfield fence line, removal of
the retaining wall and cement slab and regrading of the area. The estimated cost is
$445,776 including contingencies and indirect costs. Alternate bids will be obtained
for full fence replacement, concrete pads for the bleachers instead of bituminous,
concrete cap on existing retaining wall, shade structure, and synthetic turf in the
batting cage. He reported the cost of the alternates is estimated at $305,000. He
pointed out the city received $10,000 from a Twins Community Fund grant.
Mr. Boyum stated if Council approves plans and specifications, the bids will be
presented to Council at the April 24 meeting to consider awarding a contract.
Council Member London inquired of the users of the field and revenue.
Ms. Susan Rader, director of parks and recreation stated a variety of groups use
the regulation‐size field including Armstrong Cooper Youth Baseball, Cooper
High School, and several other youth and adult groups. She stated the revenue in
2022 was approximately $6,000, but the numbers have not returned to pre‐COVID
level yet.
RESOLUTION 2023‐34
Item 8.4
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND AUTHORIZING ADVERTISEMENT OF BIDS FOR LIGHTED
BASEBALL FIELD IMPROVEMENTS (IMPROVEMENT PROJECT NO. 1095).”
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.
2023 CATERPILLAR
926M WHEEL
LOADER PURCHASE
Item 10.1
Mayor Hemken introduced for discussion Item 10.1, Resolution authoring the
purchase of equipment and appropriation of funds in the amount of $189,447.07
for purchase of a 2023 Caterpillar 926M Wheel Loader and ancillary equipment
from Ziegler Inc.
Mr. Dave Lemke, operations manager, stated staff is seeking authorization to
purchase a 2023 Caterpillar 926M wheel loader and ancillary equipment from
New Hope City Council March 13, 2023
Page 7
Ziegler Inc. for $292,777.07. The current 10‐year old loader (unit #234) has reached
the end of its life cycle but has a good trade‐in value of $103,330 which reduces the
purchase price of the new equipment to $189,447.07. The loader is a vital piece of
equipment in the fleet and is used in the winter for snow removal and for
numerous maintenance functions by the street and utilities departments. He stated
Ziegler is the vendor for Caterpillar Equipment on the state cooperative
purchasing program. The 2023 CIP has $208,975 earmarked for the equipment.
RESOLUTION 2023‐35
Item 10.1
Council Member Isenberg introduced the following resolution and moved its
adoption: “RESOLUTION AUTHORING THE PURCHASE OF EQUIPMENT
AND APPROPRIATION OF FUNDS IN THE AMOUNT OF $189,447.07 FOR
PURCHASE OF A 2023 CATERPILLAR 926M WHEEL LOADER AND
ANCILLARY EQUIPMENT FROM ZIEGLER INC.” 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.
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 asked Director Weber to convey to public works staff the gratitude of
Council and the community for their remarkable job with snow removal on city
streets.
ADJOURNMENT
Motion was made by Council Member Isenberg, 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 8:52 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
G:\City Manager\AGENDA\6.2 R‐Approval of Claims Merge Doc.docx
Request for Action
March 27, 2023
Approved by: Tim W. Hoyt, Acting City Manager
Originating Department: City Manager
By: Tim W. Hoyt, Acting City Manager
Agenda Title
Approval of claims through March 27, 2023
Requested Action
Claims for services and commodities purchased through this period are listed on the Check Disbursement
Report
Attachments
Check Disbursement Report
Agenda Section
Consent
Item Number
6.2
i:\rfa\city manager\2023\hrc bylaws\6.4 q ‐ hrc mission statement 03.27.23.docx
Request for Action
March 27, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: City Manager
By: Valerie Leone, City Clerk
Agenda Title
Motion approving amendments to the Human Rights Commission Mission Statement and Bylaws
Requested Action
Staff recommends approval of minor amendments to the HRC’s Mission Statement and Bylaws.
Background
The Human Rights Commission Mission Statement and Bylaws were last amended in 2000. The HRC recently
reviewed the documents and made minor amendments. Most of the changes are references to city code
numbers and some minor language changes. The purpose and intent of the Human Rights Commission
remains the same.
Attachments
Mission Statement and Bylaws
Agenda Section
Consent
Item Number
6.4
HUMAN RIGHTS COMMISSION
MISSION STATEMENT
To serve as an advisory body to the New Hope City Council on matters pertaining to human rights, laws,
issues, policies and programs.
To develop formal and informal educational programs to assist in the implementation of Federal and
State Human Rights Acts and Laws and the Federal American Disability Act, and to ensure all citizens full
and equal participation in the affairs of the community.
To provide leadership and act in a cooperative matter with agencies, organizations, and other Human
Rights Commissions in order to recognize and prevent discrimination and inequalities in the daily lives of
the residents of the City, all employees working in the City, all businesses located within the City, and
students within the City of New Hope.
HUMAN RIGHTS COMMISSION
By-Laws
PURPOSE
The purpose of these by-laws is to facilitate the Human Rights Commission’s responsibility as a
permanent advisory commission to the City of New Hope. The Commission was re-established by the
New Hope City Council under Ordinance 95-14 dated September 25, 1995.
The Commission will help fulfill the City of New Hope’s responsibility as a partner with the State
Department of Human Services, in securing for all of its citizens equal opportunity in housing,
employment, public accommodations, public services and education, and to work consistently to
improve the human relations climate in the City of New Hope.
The Commission will service as an advisory body to the New Hope City Council on matters pertaining to
human rights. At the direction of the City Council the Commission will develop formal and informal
educational programs to assist in the implementation of Federal and State Human Rights Acts, and the
Federal American Disabilities Act, as well as local ordinances pertaining to human rights, in order to
assure that all citizens, property owners and organizations within the City have full and equal
participation in the affairs of the community.
At the direction of the City Council, the Commission will provide leadership and act cooperatively with
human rights agencies, organizations, and other Human Rights Commissions in the recognition and
prevention of discrimination and inequalities in the City of New Hope.
ARTICLE I
A. Organization/Composition and term in office
The Commission shall be composed of up to ten New Hope residents appointed by a majority
vote of the New Hope City Council per city code 2-25(d) for a two-year term. Commissioners
may be reappointed.
Of the ten commissioners, two may be high school students attending an area school. The
term of office for the student commissioner(s) shall be the academic year (September 1st to
August 31st). The student commissioner(s) may be reappointed. When a student
commissioner leaves school permanently, the student commission appointment will expire.
Another student will then be appointed by the City Council to fill the vacancy.
ARTICLE II
A. Duties/Powers/Responsibilities of Commission
To adopt by-laws and rules of procedure for conducting its affairs, including the election,
assumption of duties and defining the duties of its officers.
To enlist the cooperation of agencies, organizations and individuals in the community in
educational programs directed toward providing equal opportunity and eliminating
inequalities.
To formulate a human service education program in response to valid data obtained from
professional analysis of community needs.
To advise the City Council on human and civil rights issues.
To cooperate with the State Department of Human Rights in the development of formal and
informal educational programs which will assist in the implementation of the Minnesota
Human Rights Act and which will provide for the commission’s assumption of leadership in
recognizing and resolving potential human rights problem in the community.
To obtain, when required, specific training and certification in human rights procedures.
B. Election of Officers
The officers of the Commission shall be elected each year by the current New Hope Human
Rights Commission members at the January meeting.
Election results shall be recorded in the minutes of the January meeting.
Officers shall serve for a period of one year, commencing in January after being elected, and
ending December 31st of that year.
C. Officers
The officers of the Commission shall be a chairperson, vice chairperson and a recording
secretary.
D. Duties of Officers
1. Chairperson
The chairperson shall preside at all meetings of the New Hope Human Rights
Commission and shall assume all the supervisory and management responsibilities
associated with this position.
The chairperson shall appoint all commission members to task forces. In addition, non-
commission individuals may be selected to serve on a task force with the approval of the
City Council.
A commissioner on each task force will make a progress report at the monthly
commission meeting.
The chairperson (or a person appointed by the chairperson) shall upon being notified of
a new commission member, welcome that member and inform said member about the
role of the commission and his/her duties as a commissioner.
2. Vice Chairperson
The vice chairperson shall, in the absence of the chairperson, assume all the
responsibilities of the chairperson.
3. Secretary
The secretary shall record and keep all commission minutes and records.
The City Clerk shall keep all original commission minutes and records.
The secretary shall mail to all current commission members and to others as instructed
no later than five calendar days prior to the next meeting, a copy of the minutes from
the last meeting and the agenda for the next meeting.
The secretary shall notify all commission members of the time, place and reason for a
special meeting.
In the absence of the chair and vice chair, the secretary shall assume the duties of the
commission chair.
ARTICLE III
A. Annual Meetings
At its first meeting in January, the Commission shall set the dates and time for all regular
meetings.
B. Monthly Meetings
The Commission shall hold a minimum of six regular monthly meetings in a calendar year
unless otherwise specified. Monthly meetings will be held on the first Monday of the month
at New Hope City Hall.
C. Special Meetings
The Commission chair or a majority of the present commissioners may call a special
meeting.
ARTICLE IV
A. Conducting of Business
In the presence of a quorum, a meeting is called to order. In the absence of all commission
officers, the commissioners present may elect an acting chair.
A quorum is defined as the presence of the majority of the commissioners.
The most recent edition of Robert’s Rules of Order shall guide commission meetings, but not
govern them.
B. Order of Business
• Roll call with results recorded in the minutes
• Approval of the meeting agenda
• Approval of last meeting minutes
• Introduction of guests
• Communications
• Task force reports
• Old business
• New business
• Announcements
• Adjournment
ARTICLE V
A. Attendance
Unexcused absences from three regular commission meetings shall be grounds for removal
from this commission per City Code 2-7(c)(1)e.
B. Removal From Office
Section 2-7(2) of the New Hope City Code states that the commission may petition the City
Council to remove any member when, in its discretion, the best interests of the City would
be thereby served, after first giving the person so named an opportunity to be heard before
the Commission and the City Council. A commissioners will be removed by a majority vote
of the Council.
C. Resignations
The handling of all Commission resignations shall be governed by New Hope City Code
2-7(1)d.
ARTICLE VI
A. General Provisions
No member of the Commission shall be authorized to speak on matters of human rights
policy until the City Council and/or City Manager have approved of such statements.
On all matters before the Commission, there shall be no proxy voting.
ARTICLE VII
A. By-Law Amendments/Ordinance Changes
These by-laws may be recommended for amendment by a two-thirds affirmative vote of the
commissioners at a regular or special meeting and then submitted to the City Council for
approval.
Notice of the proposed by-laws or ordinance changes shall be mailed by the secretary to all
commissioners at least five days prior to the meeting of which amendment(s) or ordinance
changes are considered.
Any commission member may, in writing, propose changes to these by-laws or City Code
2-25.
ARTICLE VIII
A. Minnesota’s Open Meeting Law, Minnesota Statute §13D.01, states that all meetings,
including executive sessions of any City commission meeting, shall be open to the public.
B. The vote tally on all decisions of the Commission will be recorded in the minutes from that
Commission meeting.
ARTICLE IX
A. These by-laws shall be governed by City Code 2-25.
B. These by-laws were recommended for approval on October 7, 1996, by the New Hope
Human Rights Commission, and approved by the New Hope City Council on October 27,
1997.
C. These by-laws were recommended for approval on February 7, 2000, by the New Hope
Human Rights Commission, and approved by the New Hope City Council on March 13, 2000.
D. These by-laws were recommended for approval on February 6, 2023, by the New Hope
Human Rights Commission, and approved by the New Hope City Council on March 27, 2023.
I:\RFA\P&R\MISC\2023\Q ‐ Berglin Memorial Donation.docx
Request for Action
March 27, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Parks & Recreation
By: Susan Rader, Director
Agenda Title
Motion to accept a $1,500 donation in memory of Bruce and Shirley Berglin
Requested Action
Staff requests that the City Council approve a motion to accept this generous donation of $1,500 from the
family of Bruce and Shirley Berglin for a memorial bench at Hidden Valley Park.
Policy/Past Practice
It is past practice for the City Council to formally accept donations.
Background
Bruce and Shirley Berglin were longtime residents of New Hope and lived near Hidden Valley Park. Because
of the many fond memories of the time their parents spent at Hidden Valley Park including walking the
trails, Wendy Becker and Lisa Fay have donated funds for a memorial bench to be placed at the park.
The bench will be engraved with the following, “~ In Loving Memory ~ Bruce and Shirley Berglin”. The
family has requested that the memorial bench be located near the bridge along the north side of the pond.
Installation of the bench will take place later this spring.
A thank you letter will be sent.
Agenda Section
Consent
Item Number
6.5
I:\RFA\COMM DEV\AnnualRenewal‐RFA\Signs waive fees\6.4 Q ‐ pancake breakfast.docx
Request for Action
March 27, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Community Development
By: Brandon Bell, CD Coord/Management Analyst
& Tim Hoyt, Acting City Manager
Agenda Title
Motion waiving permit fees for temporary signs for New Hope Lions Pancake Breakfast on April 16, 2023
Requested Action
Staff requests that the City Council approve waiving the permit fee for temporary signs for the annual New
Hope Lions Pancake Breakfast to be held on April 16, 2023, at the Crystal Community Center, from 8:00 a.m.
to 12:30 p.m.
Policy/Past Practice
In the past, the City Council has waived the fees for the event and for non‐profit organizations that benefit
the community, including the pancake breakfast and corn feed, which is held in August. This action is only
for the pancake breakfast; as the corn feed request will be placed on a future City Council agenda.
Background
New Hope Lions representative Don Anderson has requested that the city waive $80 in fees for a temporary
sign permit for the annual pancake breakfast. The fundraising event will be held on April 16, 2023, at the
Crystal Community Center, from 8:00 a.m. to 12:30 p.m. The funds raised will benefit community and
international projects. The New Hope Lions routinely advertise throughout the city for approximately ten
days prior to the event. Several small signs (similar to realtor and garage sale signs) will be placed on private
property from April 3, 2023, to April 16, 2023.
Recommendation
Staff recommends approval of a motion waiving the fees for the temporary sign permit.
Attachment
Sign permit application
Agenda Section
Consent
Item Number
6.6
I:\RFA\P&R\Pool and Civic Center Pk Projects\2023\#994, 941 Sunram Closeout\Q ‐ Closeout Sunram contract.docx
Request for Action
March 27, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Parks & Recreation
By: Susan Rader, Director
Agenda Title
Resolution approving final payment to Sunram Construction, Inc. in the amount of $156,065.16 for the
construction of the city hall and pool parking lots, landscaping, and park trails (Improvement Project Nos.
994/941)
Requested Action
Staff recommends that the City Council accept the construction of the city hall and pool parking lots,
landscaping, and park trails (improvement project nos. 994/941) and authorize final payment to Sunram
Construction, Inc. in the amount of $156,065.16, which includes the final retainage.
The original contract amount was $2,806,727.30. One change order for the addition of a stormwater tank was
approved for the contract. That change order, as well as various deductions, resulted in a revised contract
amount of $2,836,738.32. The final Contract Value is $2,808,958.42, or $27,779.90 under the revised contract
amount, which is due to quantities coming in less than estimated as well as various deducts charged to the
contractor, including a deduction of $28,300.58 for additional engineering costs incurred by the City.
All of the necessary paperwork will be received from the contractor before the final check is released.
Background
The city began discussing the police department and city hall space needs issue in 2013. Following citizen
task force reports, the City Council approved a contract for design and construction services with Wold
Architects and Engineers in January 2017. On December 11, 2017, the Council awarded a contract for the
construction of a new police station/city hall facility on the site of the 50‐year‐old outdoor pool.
In June 2018, the Council approved an agreement with Stantec for the engineering and planning of the city
hall landscaping, parking lots, pool and Civic Center Park improvements. On December 10, 2018, the City
Council approved the plans and specifications and authorized the advertisement of bids for each of the
projects: Demolition; City Hall Landscaping, Parking Lots, Trails, Stormwater, and Park Landscaping;
Theater; Skatepark; and Pool.
A contract for the construction of the city hall and pool parking lots, landscaping, and park trails for
$2,806,727.30 was awarded to Sunram Construction, Inc. on March 25, 2019. One change order for the
addition of a stormwater tank was approved for the contract. Also, several deductions were processed,
bringing the revised contract amount to $2,836,738.32. The final Contract Value is $2,808,958.42, or $27,779.90
under the revised contract amount, which is due to quantities coming in less than estimated as well as
various deducts to the contractor that include additional engineering costs incurred by the City. Construction
started in the early spring of 2019. The remaining punchlist items were completed in late summer 2022 and
final quantity negotiations have taken place since then.
At the work session on October 17, 2022, staff and the Council discussed the retainage amount remaining for
the project. Also discussed was staff’s recommendation to not charge liquidated damages, but instead to
Agenda Section
Consent
Item Number
6.7
Request for Action, Page 2
deduct a portion of the additional engineering costs that the City incurred due directly to project delays by
Sunram Construction, Inc. Council expressed support of staff’s recommendation.
Since the October 2022 meeting, quantity negotiations continued to take place with Sunram Construction, Inc.
along with discussions regarding reimbursement of the additional engineering expenses.
Funding
The city hall portion will be paid for with the city hall bonds issued in December 2017, and the park portion
will be paid for with the park/pool bonds issued in December 2018 and July 2019.
Between all five of the Civic Center Park project contracts (pool, park and city hall landscaping, performance
center, skate park, and city hall demolition), in the fall of 2020, staff estimated that there would be a shortfall
of approximately $300,000 due primarily to the additional $270,000 that was spent on the removal of poor
soils and importing of sand for the pool area. Staff is still anticipating a shortfall, but it will be much less than
the 2020 estimate.
In November 2019, Vicki Holthaus had provided a memo outlining various funding options for project
overages. At the time, her recommendation was to record a one‐time transfer from the Temporary Financing
Fund to cover any overage on the projects. But she advised that the project overage should be recalculated at
the end of all of the projects and the transfer recorded at that time. The recommendation has remained
unchanged, and once the final indirect costs have been finalized, City staff will work with Abdo staff to
determine the final transfer amount needed.
Attachments
Resolution
Excerpt from October 17, 2022 Work Session
Letter from Dan Boyum, City Engineer
Sunram Construction, Inc. Payment Request 10 and Final in the amount of $156,065.16
City of New Hope
Resolution No. 2023‐
Resolution approving final payment to Sunram Construction, Inc. in the amount of $156,065.16
for the construction of the city hall and pool parking lots, landscaping, and park trails
(Improvement Project Nos. 994/941)
WHEREAS, the City entered into a contract with Sunram Contruction, Inc. to complete the construction of
the of the city hall and pool parking lots, landscaping, and park trails; and,
WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of work for
the city hall and pool parking lots, landscaping, and park trails (Improvement Project Nos.
994/941) and approve final payment to Sunram Contruction, Inc. in the amount of $156,065.16;
and,
WHEREAS, staff has reported that all work has been completed and recommends that final payment be
made to Sunram Contruction, Inc.; and,
WHEREAS, the funding source for this project is the city hall bonds issued in December 2017 and the
park/pool bonds issued in December 2018 and July 2019.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope, Hennepin County,
Minnesota:
1. That the City Council accepts the work for the construction of the construction of the city
hall and pool parking lots, landscaping, and park trails, Improvement Project Nos. 994/941,
from Sunram Construction, Inc.
2. That the city manager is hereby directed to authorize the final payment of $156,065.16 to
Sunram Construction, Inc.
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota this 27th day of March
2023.
Mayor
Attest:
City Clerk
City Council Work Session October 17,2022
Page 4
business.He stated a public hearing would be held regarding the request and staff
would develop a revolving loan fund policy.
Council supported staff’s recommendation.
FRANCHISE
ORDINANCES AND
CENTERPOINT
RENEWAL
Item 11.6
Mayor Hemken introduced for discussion item 11.6,Review Gas and Electric Franchise
ordinances and discuss renewal of CenterPoint Contract.
Mr.Jeff Alger,community development specialist,stated state statute allows cities to
charge utility companies for operating in the right of way.Costs are passed to
customers through franchise fees.He stated the franchise fees were implemented in
New Hope in 2002,and last year the city collected 962,395 in franchise fees.He stated
city code requires review of the ordinance every two years.The city’s agreement with
CenterPoint expires in 2023,and staff recommends renewing the agreement for
another five year term.
Mr.Alger illustrated a comparison of fees with other cities.He stated if New Hope
increased the franchise fees to average”,it would generate an additional 300,000
annually.
Mayor Hemken recommended the residential rate of the franchise fee be a maximum
of 4.00.
Council Member London inquired whether the public works department has estimates
of the city’s costs for utilities in the city’s right of way.Mr.Bernie Weber,director of
public works,stated the city does track the data.
Council Member London opposed franchise fee increases.
Council Member Isenberg stated the increase would be 24/year per residence based
on the proposed 1.00/month increase for electric and gas franchise fees.It was noted
that higher rates apply for commercial properties.
Staff was directed to proceed with implementing franchise fee increases.
CIVIC CENTER
PARK/CITY HALL
LANDSCAPING
PROJECTS UPDATE
IMPROVEMENT
PROJECT.NOS
941/994)
Item 11.7
Mayor Hemken introduced for discussion item 11.7,Update on Civic Center Park/City
Hall Landscaping projects by Stantec Engineering Improvement Project Nos.941/994).
Ms.Susan Rader,director of parks and recreation,provided an update on the Civic
Center Park/city hall landscaping projects.She explained the final contract that
remains open is held with Sunram Construction,Inc.She noted the contractor has
completed the outstanding punchlist items and the remaining retainage is 145,000.
Ms.Rader stated staff is recommending not charging Sunram any liquidated damages
but to deduct 28,000 to cover additional engineering costs caused by Sunram’s delays.
She explained that pursuing liquidated damages would incur legal costs.
Ms.Stacy Woods,city attorney,explained the lowest responsible bidder criteria that
the city must follow for contracts.She explained that contracts under 175,000 do not
require sealed bids and staff can solicit quotes from reputable contractors.
City Council Work Session October 17,2022
Page 5
Council supported staff’s recommendation.
Ms.Rader stated a resolution to close the project and issue final payment to Sunram
will be placed on a future council meeting agenda.
CHANGE ORDER
IMPROVEMENT
PROJECT NO.1039)
Item 11.8
Mayor Hemken introduced for discussion item 11.8,Discuss change orders related to
Phase 1 Improvements at the Public Works Facility Improvement Project No.1039).
Mr.Bernie Weber,director of public works,explained the need for a 18,654 change
order for the public works project.He reviewed the cost for adding LED lighting at the
gate areas to improve security,adding RFID long range readers for the gates,and the
price increase for wear course paving in 2022 and patching work.
Mr.Dan Boyum,city engineer,stated the contractor originally quoted 29,809,and
staff negotiated the change order to 18,654.
Council supported the change order and directed staff to place the item on the council
meeting agenda of October 24,2022,for approval.
DIVERSE,
EQUITABLE,AND
INCLUSIVE
ENVIRONMENT
STATEMENT
Item 11.9
Mayor Hemken introduced for discussion item 11.9,Discussion regarding the creation
of a statement to publicly share the city’s commitment to a diverse,equitable,and
inclusive environment.
Mr.Rich Johnson,director of HR/administrative services,explained that staff has
worked internally and has met with the New Hope Human Rights Commission on two
occasions to share information as well as gather their input regarding the city’s
dedication to D,E,I.
Mr.Johnson stated staff desires to have a statement that the city has a commitment to
embracing a diverse,equitable,and inclusive environment.
It was agreed that the city does not need to hire a person to promote D,E,I,as it is
the responsibility of the city manager,directors,and Council.
Council discussed the importance of a D,E,I statement and directed staff to prepare
a statement by year end.
FENCING
CONSORTIUM JOINT
POWERS
AGREEMENT
Item 11.10
Mayor Hemken introduced for discussion item 11.10, Discussion regarding Fencing
Consortium Joint Powers Agreement.
Mr.Tim Hoyt,acting city manager,discussed the increased security measures taken
over the past couple of years based on civil unrest in surrounding cities.He
recommended joining a fencing consortium to reduce costs on obtaining unscalable
fencing that could be erected within hours.He stated if needed the city would have the
support of public works staff from multiple cities to erect the fencing within hours.
The fencing would allow separation between protesters and police officers.The
fencing consortium reduces the need for crowd control measures to be used,creates a
space for protesting,and reduces resource demands committed to one location.
Stantec Consulting Services Inc.
733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309
March 20, 2023
File:193804335
Attention:Susan Rader, Director of Parks and Recreation
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Dear Susan,
Reference: Payment Request 10 & Final – Civic Center Park – Park Amenities, Parking Lot, and
Landscaping
City Project No. 941, 994
Enclosed find Payment Request No. 10 & Final for the above referenced project. The contractor,
Sunram Construction, Inc. has completed the work in accordance with the contract plans and
specifications. The contractor is in the process of submitting final closeout forms. Therefore, it is
recommended that the City of New Hope accepts the project and approves final payment of
$156,065.16. However, the city should hold the final payment contingent upon receipt of the
closeout forms.
The original contract amount was $2,806,727.30. Various change orders and deductions on the
project resulted in a revised contract amount of $2,836,738.32. The final Contract Value is
$2,808,958.42, or $27,779.90 lower than the revised contract amount. The project came in under
the contract amount due quantities coming in under the original estimates.
If you have any questions or require further information, please call me at (612) 712-2021.
Regards,
Stantec Consulting Services Inc.
Dan D. Boyum, P.E.
City Engineer
Phone: 612 712 2021
dan.boyum@stantec.com
Attachments:Pay Request 10 & Final
c.Tim Hoyt, Valerie Leone, Jeff Sargent, Bernie Weber – New Hope; Stacy Woods – City Attorney; Ann Ackerson –
Stantec.
City of New Hope
4401 Xylon Ave N
New Hope , MN 55428
Page 1 of 10
Client Project Number:
Payment Number: 10 / Final
Contract Number:193804335
Pay Request Number:10 / Final
Stantec Project Number Project Description
941, 994 Civic Center Park - Park Amenities, Parking Lot, and
Landscaping
Contractor:Sunram Construction, Inc.
20010 75th Avenue N Up To Date:03/17/2023
Corcoran,MN 55340
Contract Amount Funds Encumbered
Original Contract $2,806,727.30 Original $2,806,727.30
Contract Changes $30,011.02 Additional N/A
Revised Contract $2,836,738.32 Total $2,806,727.30
Work Certified To Date
Base Bid Items $2,777,770.14
Contract Changes $27,751.42
Material On Hand $3,436.86
Total $2,808,958.42
Work Certified
This Request
Work Certified To
Date
Less Amount
Retained
Less Previous
Payments
Amount Paid This
Request
Total Amount
Paid To Date
$16,439.20 $2,808,958.42 $0.00 $2,652,893.26 $156,065.16 $2,808,958.42
Percent: Retained:0%Percent Complete:99.02%
I hereby certify that all items and amounts shown are correct for the work completed to date.
Contractor: Sunram Construction, Inc.
Approved by:Date:
The Work on this project and application has been reviewed and the amount shown is recommended for payment.
Stantec Engineer: Dan Boyum, PE
Approved by:Date:
Approved for Payment by Owner: City of New Hope
Approved by:Date:
City of New Hope
4401 Xylon Ave N
New Hope , MN 55428
Page 2 of 10
Client Project Number:
Payment Number: 10 / Final
Payment Summary
No.Up To Date Work Certified
Per Request
Amount Retained
Per Request
Amount Paid
Per Request
1 2019-06-15 $257,979.85 $12,898.99 $245,080.86
2 2019-07-14 $71,053.21 $3,552.66 $67,500.55
3 2019-09-17 $210,777.45 $10,538.88 $200,238.57
4 2019-10-25 $595,070.59 $29,753.53 $565,317.06
5 2019-12-09 $496,674.26 $24,833.71 $471,840.55
6 2020-04-10 $132,332.60 $6,616.63 $125,715.97
7 2020-05-20 $435,512.35 $21,775.62 $413,736.73
8 2020-06-26 $261,358.32 $13,067.91 $248,290.41
9 2020-12-14 $331,760.59 $16,588.03 $315,172.56
10 / FINAL 2023-03-17 $16,439.20 ($139,625.96)$156,065.16
Funding
Category Name
Work Certified
to Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
this Request
Total Amount
Paid to Date
City Hall Fund $1,039,811.33 $0.00 $994,186.92 $45,624.41 $1,039,811.33
Park Fund $1,681,099.09 $0.00 $1,575,060.74 $106,038.35 $1,681,099.09
Change Order 1
- Storm water
Fund
$44,024.00 $0.00 $41,822.80 $2,201.20 $44,024.00
Change Order 1
- Watershed
Grant
$44,024.00 $0.00 $41,822.80 $2,201.20 $44,024.00
Contract Item Status
Line Item Description Units Unit Price Contract
Quantity
Quantity
This
Request
Amount
This
Request
Quantity
To Date
Amount
To Date
1 2021.501/
00010 MOBILIZATION LS $171,000.00 1 0 $0.00 1 $171,000.00
2 2563.601/
00010 TRAFFIC CONTROL LS $7,500.00 1 0 $0.00 1 $7,500.00
3 2104.503/
00015 REMOVE BITUMINOUS TRAIL SY $3.00 900 0 $0.00 1008.54 $3,025.62
4 2104.503/
00016
REMOVE TRAIL/DRIVE
ACCESS AGGREGATE - 4"
THICK
SY $3.75 1100 0 $0.00 0 $0.00
5 2104.503/
00022
REMOVE CONCRETE
WALK/PAD SF $1.80 11326 0 $0.00 11655 $20,979.00
6 2104.503/
00026
REMOVE CONCRETE
DRIVEWAY APRON SY $46.00 45 0 $0.00 0 $0.00
7 2104.501/
00024
REMOVE CONCRETE CURB &
GUTTER LF $7.50 1120 0 $0.00 1167 $8,752.50
8 2104.502/
01220 REMOVE SIGN EA $200.00 5 0 $0.00 5 $1,000.00
9 2104.502/
01760 REMOVE BENCH EA $350.00 2 0 $0.00 0 $0.00
10 2104.502/
00770
REMOVE STORM SEWER MH
OR CATCH BASIN EA $580.00 4 0 $0.00 4 $2,320.00
11 2104.501/
00016
REMOVE STORM SEWER
PIPE LF $9.45 1632 0 $0.00 1632 $15,422.40
City of New Hope
4401 Xylon Ave N
New Hope , MN 55428
Page 3 of 10
Client Project Number:
Payment Number: 10 / Final
Contract Item Status
Line Item Description Units Unit Price Contract
Quantity
Quantity
This
Request
Amount
This
Request
Quantity
To Date
Amount
To Date
12 2104.503/
00270 REMOVE WATER MAIN LF $11.00 40 0 $0.00 20 $220.00
13 2104.502/
00881
REMOVE FIRE HYDRANT AND
VALVE EA $420.00 2 0 $0.00 1 $420.00
14 2104.502/
01971
SALVAGE AND REINSTALL
STORM STRUCTURE EA $1,850.00 1 0 $0.00 1 $1,850.00
15 2105.501/
00010 COMMON EXCAVATION (P)CY $10.25 8900 0 $0.00 8622.16 $88,377.14
16 2105.507/
00010
SUBGRADE EXCAVATION
(CV)CY $16.80 1700 0 $0.00 2451.38 $41,183.18
17 2105.507/
00011
SPREAD/DISPOSE OF
SURCHARGE MATERIAL (EV)CY $7.30 5700 0 $0.00 2579 $18,826.70
18 2105.522 SELECT GRANULAR
BORROW (MODIFIED)TN $19.25 12560 0 $0.00 12187.35 $234,606.49
19 2105.604/
00035
GEOTEXTILE FABRIC - TYPE
V SY $1.60 15170 0 $0.00 12214 $19,542.40
20 2211.501/
00010 AGGREGATE BASE, CLASS 5 TN $24.90 6390 0 $0.00 6512.33 $162,157.02
21 2215.501/
00010 FULL DEPTH RECLAMATION SY $0.95 4100 0 $0.00 4293 $4,078.35
22 2215.507/
00011
PLACE AND COMPACT
STOCKPILED RECLAIMED
MATERIAL (EV)
CY $18.00 925 0 $0.00 1036.28 $18,653.04
23 2357.502/
00010
BITUMINOUS MATERIAL FOR
TACK COAT GAL $3.15 454 0 $0.00 760 $2,394.00
24 2540.603/
00015 MASTIC ON LIP OF CURB LF $0.70 3800 0 $0.00 3901 $2,730.70
25 2360.501/
0006
TYPE SP 12.5 NON WEARING
COURSE MIXTURE (2,C)TN $83.20 1130 0 $0.00 1130.63 $94,068.42
26 2360.501/
12300
TYPE SP 9.5 WEARING
COURSE MIX (2,C)TN $87.75 850 0 $0.00 922.52 $80,951.13
27 2360.501/
12201
TYPE SP 9.5 WEARING
COURSE MIXTURE (2,B) -
TRAILS
TN $87.55 470 0 $0.00 464.1 $40,631.96
28 2130.610 WATER FOR DUST CONTROL TGAL $150.00 40 0 $0.00 0 $0.00
29 2531.501/
02315
B618 CONCRETE CURB AND
GUTTER LF $17.25 3290 48.5 $836.63 3430.5 $59,176.13
30 2301.503/
00030 26" RIBBON CURB LF $21.15 510 0 $0.00 513 $10,849.95
31 2301.503/
00031 12" CONCRETE CURB LF $61.55 160 0 $0.00 105 $6,462.75
32 2521.501/
00040 4" CONCRETE WALK SF $4.55 19970 257 $1,169.35 19244.27 $87,561.43
33 2521.501/
00041
4" CONCRETE WALK -COLOR
1 SF $10.60 955 108 $1,144.80 1025.5 $10,870.30
City of New Hope
4401 Xylon Ave N
New Hope , MN 55428
Page 4 of 10
Client Project Number:
Payment Number: 10 / Final
Contract Item Status
Line Item Description Units Unit Price Contract
Quantity
Quantity
This
Request
Amount
This
Request
Quantity
To Date
Amount
To Date
34 2521.501/
00042
4" CONCRETE WALK -COLOR
2 SF $8.75 1189 0 $0.00 1455.1 $12,732.13
35 2531.618 6" CONCRETE PEDESTRIAN
RAMP SF $10.40 1350 0 $0.00 1618.23 $16,829.59
36 2531.618/
00010 TRUNCATED DOMES SF $68.25 224 0 $0.00 286 $19,519.50
37 2451.607/
00080
ROCK TRENCH EXCAVATION
(CV) (P)CY $22.60 4400 0 $0.00 4400 $99,440.00
38 2105.507/
00390 ANGULAR STONE (LV)CY $46.40 2680 0 $0.00 2468 $114,515.20
39 2105.607/
00730 STRUCTURAL SOIL (CV) (P)CY $119.50 350 0 $0.00 350 $41,825.00
40 2502.541/
06041
4" PVC PERFORATED DRAIN
TILE, WITH SOCK LF $13.50 1262 0 $0.00 1145 $15,457.50
41 2502.541/
06060
6" PVC PERFORATED DRAIN
TILE, WITH SOCK LF $16.70 408 0 $0.00 371 $6,195.70
42 2502.602/
00405 4" DRAIN TILE CLEANOUT EA $235.00 14 0 $0.00 9 $2,115.00
43 2503.603/
21019
8" PVC SLOTTED
DISTRIBUTION PIPE, WITH
FIELD CUTS AND SOCK
LF $19.00 417 0 $0.00 458 $8,702.00
44 2503.602/
00506 6" PLUG EA $100.00 2 0 $0.00 2 $200.00
45 2503.602/
00509 8" PLUG EA $125.00 3 0 $0.00 2 $250.00
46 2502.541/
06042
4" PVC PIPE - CONDUIT FOR
FUTURE UTILITY LF $16.85 600 0 $0.00 600 $10,110.00
47 2502.541/
06043 4" PVC PIPE DRAIN LF $16.85 60 0 $0.00 50 $842.50
48 2502.503/
06120 12" PVC PIPE DRAIN LF $41.00 418 0 $0.00 389 $15,949.00
49 2503.603/
00001 12" RCP STORM SEWER, CL 5 LF $47.25 421 0 $0.00 420 $19,845.00
50 2503.503/
19185 18" RCP STORM SEWER, CL 5 LF $51.50 1041 0 $0.00 1028 $52,942.00
51 2451.607/
00001
IMPROVED PIPE
FOUNDATION LF $20.00 300 0 $0.00 80 $1,600.00
52 2502.602/
00201 12" PVC AREA DRAIN EA $2,790.00 2 0 $0.00 2 $5,580.00
53 2502.602/
00202 27" YARD DRAIN EA $2,310.00 4 0 $0.00 5 $11,550.00
54 2506.602/
06061 2'x3' CATCH BASIN EA $2,435.00 3 0 $0.00 2 $4,870.00
55 2506.602/
06181
4' DIA STORM SEWER CBMH
OR MH EA $3,000.00 12 0 $0.00 13 $39,000.00
City of New Hope
4401 Xylon Ave N
New Hope , MN 55428
Page 5 of 10
Client Project Number:
Payment Number: 10 / Final
Contract Item Status
Line Item Description Units Unit Price Contract
Quantity
Quantity
This
Request
Amount
This
Request
Quantity
To Date
Amount
To Date
56 2506.602/
06186 4' DIA CBMH WITH 3' SUMP EA $3,800.00 1 0 $0.00 0 $0.00
57 2506.602/
06187
6' DIA STORM SEWER CBMH
WITH 3' SUMP, SAFL BAFFLE,
AND SKIMMER
EA $11,900.00 1 0 $0.00 1 $11,900.00
58 2506.602/
06188
6' DIA STORM SEWER MH
WITH WEIR EA $6,930.00 2 0 $0.00 2.5 $17,325.00
59 2104.601/
0004
REMOVE AND REPLACE
CATCH BASIN ADJUSTMENT
RINGS WITH HDPE
ADJUSTMENT RINGS
EA $500.00 2 0 $0.00 3 $1,500.00
60 2635.0001
2
CONNECT TO EXISTING
STORM SEWER STRUCTURE EA $580.00 4 0 $0.00 5 $2,900.00
61 2630.0005
6
CONNECT TO EXISTING
STORM SEWER PIPE EA $500.00 1 0 $0.00 2 $1,000.00
62 2105.604/
00038
GEOTEXTILE FABRIC, TYPE V
(ROCK TRENCH) (P)SY $1.60 8030 0 $0.00 8030 $12,848.00
63 2504.602/
00010
CONNECT TO EXISTING
WATER MAIN EA $1,200.00 2 0 $0.00 2 $2,400.00
64 2504.603 6" PVC WATER MAIN, C900-
DR18, WITH TRACER WIRE LF $40.00 292 0 $0.00 27 $1,080.00
65 2504.601 8" PVC WATER MAIN, C900-
DR18, WITH TRACER WIRE LF $43.00 412 0 $0.00 692 $29,756.00
66 2504.602/
00808 8" GATE VALVE AND BOX EA $2,310.00 2 0 $0.00 2 $4,620.00
67 2510.0289 HYDRANT, INCLUDING 6"
GATE VALVE AND BOX EA $6,250.00 2 0 $0.00 2 $12,500.00
68 2504.608/
00020 DUCTILE IRON FITTINGS LB $6.30 478 0 $0.00 739 $4,655.70
69 2504.602/
00410 1" CORPORATION STOP EA $545.00 1 0 $0.00 1 $545.00
70 2504.602/
03100 1" CURB STOP AND BOX EA $410.00 4 0 $0.00 4 $1,640.00
71 2515.0001
0 1" TYPE "K" COPPER PIPE LF $36.75 265 0 $0.00 288.5 $10,602.38
72 2504.601/
00002 IRRIGATION VALVE BOX EA $1,350.00 1 1 $1,350.00 1 $1,350.00
73 2582.501/
10001
PEDESTRIAN CROSSWALK,
WHITE SF $3.80 360 0 $0.00 240 $912.00
74 2582.503/
10104 4" SOLID WHITE LINE - PAINT LF $1.80 3717 0 $0.00 4026 $7,246.80
75 2582.501/
01010
PAVEMENT MESSAGE (ADA
SYMBOL)EA $63.00 8 0 $0.00 8 $504.00
76 2582.501/
01011 PAVEMENT MESSAGE (VAN)EA $48.00 2 0 $0.00 0 $0.00
City of New Hope
4401 Xylon Ave N
New Hope , MN 55428
Page 6 of 10
Client Project Number:
Payment Number: 10 / Final
Contract Item Status
Line Item Description Units Unit Price Contract
Quantity
Quantity
This
Request
Amount
This
Request
Quantity
To Date
Amount
To Date
77 2573.530/
00010 INLET PROTECTION EA $150.00 15 0 $0.00 23 $3,450.00
78 2573.502/
00040
SILT FENCE, TYPE MACHINE
SLICED LF $2.90 1000 0 $0.00 431 $1,249.90
79 2557.603/
11015
TEMPORARY
CONSTRUCTION FENCE LF $6.00 100 0 $0.00 277 $1,662.00
80 2753.604/
0001
TEMPORARY HYDROMULCH
WITH SEED SY $0.75 19400 0 $0.00 13800 $10,350.00
81 2573.609 TEMPORARY ROCK
CONSTRUCTION ENTRANCE TN $64.50 50 0 $0.00 30 $1,935.00
82 2573.533/
00014 SEDIMENT CONTROL LOG LF $4.00 500 0 $0.00 535 $2,140.00
83 2574.604
EROSION CONTROL
COMPOST BLANKET -BLOWN
W/ SEED
SY $5.50 19400 5000 $27,500.00 22832 $125,576.00
84 2574.525/
00010
TOPSOIL BORROW, MNDOT
3877.2B(LV)CY $23.75 1850 1336 $31,730.00 1850 $43,937.50
85 2575.504/
00014 SOD SY $6.25 1300 0 $0.00 1240 $7,750.00
86 2564.531/
00130 SIGN PANELS SF $55.00 17 7 $385.00 38.5 $2,117.50
87 2540.602/
00047 SIGN AND PIPE BOLLARD EA $1,000.00 4 0 $0.00 4 $4,000.00
88 2123.610/
00045
STREET SWEEPER (WITH
PICKUP BROOM)HR $150.00 40 0 $0.00 23 $3,450.00
89 2504.601/
00003
IRRIGATION SYSTEM,
COMPLETE LS $27,500.00 1 0 $0.00 1.05918 $29,127.45
90 2540.602/
00015 DRINKING FOUNTAIN EA $12,100.00 2 0 $0.00 2 $24,200.00
91 2540.603/
00090
PRECAST CONCRETE SEAT
WALL LF $760.00 93 3.3 $2,508.00 93 $70,680.00
92 2540.602/
00075 WOOD SEAT TOP (24")EA $3,875.00 6 0 $0.00 6 $23,250.00
93 2540.602/
00076 WOOD SEAT TOP (70")EA $6,000.00 3 0 $0.00 3 $18,000.00
94 2540.602/
00013 BICYCLE RACK EA $525.00 10 0 $0.00 10 $5,250.00
95 2540.602/
00007 FLAG POLE - 30 FOOT EA $11,700.00 1 0 $0.00 1 $11,700.00
96 2540.602/
00009 FLAG POLE - 35 FOOT EA $12,250.00 2 0 $0.00 2 $24,500.00
97 2571.502 DECIDUOUS AND
EVERGREEN TREE EA $545.00 132 0 $0.00 129.454 $70,552.43
98 2571.510 DECIDUOUS AND
EVERGREEN SHRUB EA $78.30 58 0 $0.00 58 $4,541.40
City of New Hope
4401 Xylon Ave N
New Hope , MN 55428
Page 7 of 10
Client Project Number:
Payment Number: 10 / Final
Contract Item Status
Line Item Description Units Unit Price Contract
Quantity
Quantity
This
Request
Amount
This
Request
Quantity
To Date
Amount
To Date
99 2571.507 PERENNIALS AND GRASSES EA $28.50 1284 0 $0.00 1284 $36,594.00
100 2511.507/
00012 GRANITE RIP RAP TYPE 1 CY $285.00 5 0 $0.00 5 $1,425.00
101 2511.507/
00013 GRANITE RIP RAP TYPE 2 CY $150.00 150 0 $0.00 150 $22,500.00
102 2540.602/
08014 CUT LIMESTONE BLOCK EA $1,500.00 10 0 $0.00 10 $15,000.00
103 2105.607/
00028 ROCK MULCH CY $200.00 3 0 $0.00 3 $600.00
104 2105.607/
00029
DECOMPOSED GRANITE
GARDEN ROCK TYPE 1 CY $225.00 15 0 $0.00 15 $3,375.00
105 2540.603/
00332 CUSTOM STEEL EDGER LF $19.35 295 0 $0.00 295 $5,708.25
106 2540.603/
00331 LANDSCAPE STEEL EDGER LF $7.60 1030 0 $0.00 800 $6,080.00
107 2540.602/
00081
METAL LANDSCAPE BENCH -
BACKLESS EA $1,700.00 2 0 $0.00 2 $3,400.00
108 2540.602/
00082
METAL LANDSCAPE BENCH -
WITH BACK EA $2,050.00 4 0 $0.00 2 $4,100.00
109 2557.603/
11081 ORNAMENTAL STEEL FENCE LF $67.00 104 0 $0.00 96.8 $6,485.60
110 2557.602/
00130
ORNAMENTAL FENCE BASE,
PIER AND CAP EA $5,775.00 6 0 $0.00 5 $28,875.00
111 2540.601/
00460 PRECAST MONUMENT SIGN LS $51,800.00 1 0 $0.00 1 $51,800.00
112 2104.509/
00057
REMOVAL - EXISTING
PARKING LOT LIGHTING UNIT
TYPE EPA
EA $157.00 3 0 $0.00 3 $471.00
113 2104.509/
00058
REMOVAL - EXISTING
PATHWAY LIGHTING UNIT
TYPE EPC
EA $420.00 7 0 $0.00 7 $2,940.00
114 2104.501/
00550
REMOVAL -EXISTING WIRING
SYSTEM LS $105.00 1 0 $0.00 1 $105.00
115 2545.502/
00100
LIGHT POLE AND FIXTURE
TYPE PA - PARKING LOT
LIGHT SINGLE HEAD
EA $3,675.00 1 0 $0.00 1 $3,675.00
116 2545.502/
00101
LIGHT POLE AND FIXTURE
TYPE PB - PARKING LOT
LIGHT DOUBLE HEAD
EA $4,882.00 5 0 $0.00 5 $24,410.00
117 2540.602/
00048
BOLLARD TYPE BA -
BOLLARD EA $450.00 11 0 $0.00 11 $4,950.00
118 2540.602/
00049
BOLLARD TYPE BB -
BOLLARD - IMPACT RATED EA $750.00 3 0 $0.00 3 $2,250.00
119 2545.502/
00102
FLAG LIGHT TYPE F - FLAG
POLE LIGHT EA $735.00 3 0 $0.00 3 $2,205.00
City of New Hope
4401 Xylon Ave N
New Hope , MN 55428
Page 8 of 10
Client Project Number:
Payment Number: 10 / Final
Contract Item Status
Line Item Description Units Unit Price Contract
Quantity
Quantity
This
Request
Amount
This
Request
Quantity
To Date
Amount
To Date
120 2545.502/
21101
SERVICE CABINET - SPORTS
COURT LIGHTING EA $17,745.00 1 0 $0.00 1 $17,745.00
121 2545.501/
00111
CONDUIT AND WIRING -
PARKING LOT LIGHTING LS $19,950.00 1 0 $0.00 1.13483709 $22,640.00
122 2545.501/
00112
CONDUIT - PARKING LOT
CCTV LS $9,975.00 1 0 $0.00 1 $9,975.00
123 2545.502/
00104
LIGHT POLE AND FIXTURE
TYPE PC - PATHWAY LIGHT EA $4,683.00 19 0 $0.00 19 $88,977.00
124 2545.509/
00014
CONDUIT AND WIRING -
PATHWAY LIGHTING LS $21,000.00 1 0 $0.00 1 $21,000.00
125 2105.501/
00010 COMMON EXCAVATION (P)CY $25.00 209 0 $0.00 209 $5,225.00
126 2211.501/
00010 AGGREGATE BASE, CLASS 5 TN $27.00 370 0 $0.00 370 $9,990.00
127 2105.604/
00035
GEOTEXTILE FABRIC - TYPE
V SY $2.00 1060 0 $0.00 924 $1,848.00
128 2360.501/
12201
TYPE SP 9.5 WEARING
COURSE MIXTURE (2,B) -
TRAILS
TN $91.75 170 0 $0.00 150 $13,762.50
129 2545.511/
00106
LIGHT POLE AND FIXUTRE
TYPE PC - PATHWAY LIGHT
(PC4, PC5, PC6)
EA $4,683.00 3 0 $0.00 3 $14,049.00
130 2545.509/
00015
CONDUIT AND WIRING -
PATHWAY LIGHTING (PC4,
PC5, PC6)
LS $5,985.00 1 0 $0.00 1 $5,985.00
133 2545.501/
00115
1.5" CONDUIT AND
HANDHOLES LS $9,240.00 1 0 $0.00 1 $9,240.00
Base Bid Totals:$66,623.78 $2,777,770.14
Project Category Totals
Category Amount This Request Amount To Date
Base Bid $66,623.78 $2,607,693.64
Alternate 4 -CCTV Conduit For Park $0.00 $9,240.00
Alternate 2 -North Loop Trail With Trail Lights $0.00 $50,859.50
Alternate 1 -Trail Lighting $0.00 $109,977.00
Contract Change Item Status
CC CC
#Line Item Unit Price Contract
Quantity
Quantity
This
Request
Amount
This
Request
Quantity
To Date
Amount
To Date
CO1 1 1
99 STORMWATER CHAMBER
SYSTEM, INCL FOUNDATION AND
EMBEDMENT STONE, FABRIC,
MANIFOLD, CHAMBERS,
INSPECTION PORT, ACCESS PIPE,
OUTLET PIPE, & UNDERDRAIN (LS)
$68,838.00 1 0 $0.00 1 $68,838.00
City of New Hope
4401 Xylon Ave N
New Hope , MN 55428
Page 9 of 10
Client Project Number:
Payment Number: 10 / Final
CO1 1 134 2506.602/06181 4' DIA STORM
SEWER CBMH OR MH (EA)$3,000.00 1 0 $0.00 1 $3,000.00
CO1 1 135 2506.602/06186 4' DIA CBMH WITH 3'
SUMP (EA)$3,800.00 1 0 $0.00 1 $3,800.00
CO1 1 136 2506.602/06188 6' DIA STORM
SEWER MH WITH WEIR (EA)$6,930.00 1 0 $0.00 1 $6,930.00
CO1 1 137 2502.503/06120 12" PVC PIPE DRAIN
(LF)$41.00 8 0 $0.00 43.219512
196 $1,772.00
CO1 1 138 2502.503/06121 18" PVC PIPE DRAIN
(LF)$54.60 66 0 $0.00 0 $0.00
CO1 1 139 2503.503/19185 18" RCP STORM
SEWER, CL 5 (LF)$51.50 72 0 $0.00 72 $3,708.00
SA2 2 141 002 DAMAGED TRASH CAN
REPLACEMENT (EA)($1,170.00)1 0 $0.00 1 ($1,170.00)
SA3 3 142 006 EROSION NONCOMPLIANCE
PENALTY (DAY)($2,000.00)4 0 $0.00 4 ($8,000.00)
SA4 4 143 007 IRRIGATION REPAIR DUE TO
STRIKE (LS)($942.00)1 0 $0.00 1 ($942.00)
SA5 5 144 8 Repair CCTV Conduit Deduct (LS)($2,040.00)1 1 ($2,040.00)1 ($2,040.00)
SA6 6 145 9 Deduct: Labor on 6/20 to reset switch
and POE for north pole camera (LS)($266.00)1 1 ($266.00)1 ($266.00)
SA7 7 146 10 Deduct for reinspection at Door 2
($2,358.00) as of 10/23/2020. (LS)($2,358.00)1 1 ($2,358.00)1 ($2,358.00)
SA8 8 147 11 Deduct for Stantec Restaking Fees –
$17,229.00 (LS)($17,220.00)1 1 ($17,220.00)1 ($17,220.00)
SA9 9 148
12 Deduct for Additional Engineering
Construction Services – Addendum #4 -
$28,300.58 (LS)
($28,300.58)1 1 ($28,300.58)1 ($28,300.58)
Contract Change Totals:($50,184.58)$27,751.42
Contract Total $2,808,958.42
Contract Change Totals
Number Description Amount This
Request
Amount To Date
1 Addition of Stormwater Chamber System 0.00 88,048.00
2 Replacement of the park trash can near the playground that was damaged
by Sunram that the City had to supply and install; see invoice;
0.00 -1,170.00
3 see Letter of Noncompliance 7/15/2020 to repairs completed end of day
7/20/2020 -$2000/day
0.00 -8,000.00
4 see invoice and cost breakdown for damage caused by Anderson
Irrigation/Sunram hitting and damaging the existing irrigation installed by
the pool contractor; the pool contractor then had to repair the damage;
0.00 -942.00
5 Repair Camera Fiber crushed at the conduit in Handhole post testing by
electrical contractor. Installed new 6 strand fiber run (750 ft) $2,040 ($1440
Labor / $600 Materials)
• handhole cover was higher when they installed the cable and tested it
• handhole elevation was lowered sometime around July 17, 2020
• lowering of the handhole elevation got the cover closer to the fiber and
crushed it
-2,040.00 -2,040.00
City of New Hope
4401 Xylon Ave N
New Hope , MN 55428
Page 10 of 10
Client Project Number:
Payment Number: 10 / Final
Material On Hand Balance
Line Item Description Date Added Used Remaining
92 2540.602/00
075
WOOD SEAT TOP
(24")
2020-03-20 6 EA $3,996.93 6 EA $3,996.93 0 EA $0.00
93 2540.602/00
076
WOOD SEAT TOP
(70")
2020-03-20 2 EA $4,639.46 2 EA $4,639.46 0 EA $0.00
94 2540.602/00
013
BICYCLE RACK 2020-03-20 10 EA $2,820.74 10 EA $2,820.74 0 EA $0.00
107 2540.602/00
081
METAL
LANDSCAPE
BENCH -
BACKLESS
2020-03-20 2 EA $3,179.16 2 EA $3,179.16 0 EA $0.00
108 2540.602/00
082
METAL
LANDSCAPE
BENCH - WITH
BACK
2020-03-20 2 EA $3,436.86 2 EA $3,436.86 0 EA $0.00
108 2540.602/00
082
METAL
LANDSCAPE
BENCH - WITH
BACK
2020-03-20 2 EA $3,436.86 0 EA $0.00 2 EA $3,436.86
116 2545.502/00
101
LIGHT POLE AND
FIXTURE TYPE
PB - PARKING
LOT LIGHT
DOUBLE HEAD
2020-03-20 3 EA $6,881.25 3 EA $6,881.25 0 EA $0.00
117 2540.602/00
048
BOLLARD TYPE
BA - BOLLARD
2020-03-20 3 EA $833.12 3 EA $833.12 0 EA $0.00
123 2545.502/00
104
LIGHT POLE AND
FIXTURE TYPE
PC - PATHWAY
LIGHT
2020-03-20 19 EA $57,043.89 19 EA $57,043.89 0 EA $0.00
129 2545.511/00
106
LIGHT POLE AND
FIXUTRE TYPE
PC - PATHWAY
LIGHT (PC4, PC5,
PC6)
2020-03-20 3 EA $9,006.93 3 EA $9,006.93 0 EA $0.00
133 2545.501/00
115
1.5" CONDUIT
AND HANDHOLES
2020-03-20 1 LS $2,765.54 1 LS $2,765.54 0 LS $0.00
City coordinated repair with understanding costs would be taken from
Prime's final payment.
6 Alarm service call to Bros. Fire & Security to diagnose and repair/reset
POE for north pole camera. Internal short was cause. Work invoiced
7/12/2022. Work being reimbursed is labor for indicated 2 hours @ $133 =
$266.
-266.00 -266.00
7 Deduct for reinspection at Door 2 ($2,358.00) as of 10/23/2020.-2,358.00 -2,358.00
8 Deduct for Stantec Restaking Fees – $17,229.00 from Lucas spreadsheet
dated 12/14/2020
-17,220.00 -17,220.00
9 Deduct for Additional Engineering Construction Services – Addendum #4 -
$28,300.58
-28,300.58 -28,300.58
I:\RFA\COMM DEV\2023\City Council\03‐27‐23 Rental Revocation 3959 Oregon Avenue\Q ‐ 3959 Oregon Ave Rental License Revocation 03‐27‐23.docx
Request for Action
March 27, 2023
Approved by: Tim Hoyt, Acting City Manager
Originating Department: Community Development
By: Jeff Sargent, Director
Agenda Title
Resolution establishing findings of fact and conclusions of law relating to revocation of rental property
registration permit for Richard Swenson for having a third instance of disorderly behavior at the property
located at 3959 Oregon Avenue North.
Requested Action
Staff requests the City Council consider a resolution establishing findings of fact and conclusions of law
relating to the revocation of a rental property registration permit for Richard Swenson for violations of rental
property registration permit requirements for having a third instance of disorderly behavior at the property
located at 3959 Oregon Avenue North.
Policy/Past Practice
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.” Upon the issuance of a third disorderly behavior slip, the
City Council has the discretion to take corrective action against the property owner.
Background
A public hearing to consider the revocation of the rental property registration permit for 3959 Oregon Avenue
North was held at the March 13, 2023, City Council meeting. Disorderly behavior slips were issued to residents
at the property on September 2, 2022, January 13, 2023, and January 16, 2023. At the March 13, 2023, City
Council meeting, the City Council heard relevant evidence and arguments and reviewed all testimony,
documents, and other evidence submitted related to issuance of the disorderly behavior slips. 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.
Pursuant to Section 3‐31(i)(5) of the City Code, the City Council has the authority to revoke, suspend, or not
renew a rental registration permit if three instances of disorderly behavior occur at a rental dwelling unit
within 12 months. Following the public hearing at the March 13, 2023, City Council meeting, staff was directed
to prepare a resolution revoking the rental registration permit for Richard Swenson, as the owner of the
property of 3959 Oregon Avenue North and prohibiting the owner from re‐applying for another rental
registration permit for 3959 Oregon Avenue North or any other property in the city of New Hope for a period
of three years. The resolution requires that tenants of 3959 Oregon Avenue North must vacate the property
within 60 days (May 26, 2023) and prohibits the property owner from having an ownership interest in any
other entity that attempts to apply for another rental registration permit for 3959 Oregon Avenue North or
any other property in the city for three years.
Recommendation
Staff recommends that the City Council consider a resolution establishing findings of fact and conclusions of
law relating to the revocation of a rental property registration permit for Richard Swenson for violations of
Agenda Section
Ordinances &
Resolutions
Item Number
10.1
Request for Action, Page 2
rental property registration permit requirements for having a third instance of disorderly behavior at the
property located at 3959 Oregon Avenue North.
Attachments
Resolution
Exhibits A‐O
Unapproved City Council minutes (March 13, 2023)
For more information, please refer to the reports included in the March 13, 2023, City Council meeting
packet, which was previously distributed.
RESOLUTION NO. 23-___
RESOLUTION ESTABLISHING FINDINGS OF FACT AND
CONCLUSIONS OF LAW RELATING TO REVOCATION OF RENTAL PROPERTY
REGISTRATION PERMIT FOR RICHARD SWENSON FOR HAVING A THIRD
INSTANCE OF DISORDERLY BEHAVIOR AT THE PROPERTY LOCATED AT
3959 OREGON AVENUE NORTH
BE IT RESOLVED by the City Council of the City of New Hope as follows:
RECITALS AND FINDINGS OF FACT
WHEREAS, a public hearing was held before the New Hope City Council on March 13,
2023, to consider revocation of property registration permit against Richard Swenson (“Owner”)
for violations of New Hope City Code §3-31 relating to a third instance of disorderly behavior
within a 12 month period at the real property located at 3959 Oregon Avenue North, New Hope,
Minnesota (“Property”) with a property tax identification number of 17-118-21-31-0004;
WHEREAS, Richard Swenson owns the Property and operates it as a rental property;
WHEREAS, it is the purpose of City Code §3-31 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 (§3-31(b));
WHEREAS, the operation of rental dwelling units is a business enterprise that entails
certain responsibilities. Operators are responsible to take such reasonable steps as are necessary
to assure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the
normal activities of life in surroundings that are: safe, secure and sanitary; free from crimes and
criminal activity, nuisances or annoyances (§3-31(b));
WHEREAS, §3-31(i)(1) provides that it is the Owner’s responsibility to assure that the
tenants, the tenants’ family members and the guests of any tenant or tenants’ family member not
engage in disorderly behavior in the rental dwelling unit;
WHEREAS, pursuant to City Code §3-31(i)(5), the City Council has the authority to
revoke, suspend or not renew the rental registration permit if a third instance of disorderly behavior
occurs at a rental dwelling unit within 12 months after the first of two previous notices of disorderly
behavior at the same unit;
WHEREAS, it is the responsibility of the Owner to assure that tenants not engage in
disorderly behavior in the rental dwelling unit as stated in City Code §3-31 (i)(1);
WHEREAS, pursuant to City Code §3-31(i)(2), “Disorderly behavior” at registered rental
dwelling units includes (1) drug-related illegal activity in the rental dwelling unit; (2) acts of
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violence or threats of violence; (3) violation of Minn. Stat. § 609.72 (Disorderly Conduct); (4)
violation of Minn. Stat. §§609.74 and 609.745 (Public nuisance); (5) violation of Minn. Stat.
§609.50 (Obstructing legal process); and (6) violation of New Hope Code section 9-42 (Regulation
and abatement of prohibited noise) relating to the rental unit;
WHEREAS, on September 2, 2022, the New Hope Police Department issued an incident
report and the first disorderly behavior slip to a tenant at the Property named Theresa Putnam at
the Property for Disorderly Conduct per City Code Section 3-31 (i)(2)(a) relating to drug
related/illegal activity in the rental dwelling unit;
WHEREAS, the September 2, 2022 incident involved an illegal drug overdose and
resulting death at the Property and drug-related illegal activity;
WHEREAS, on September 13, 2022, a notice was sent to the tenant Theresa Putnam and
Owner per City Code Section 3-31 (i)(3) relating to the incident that occurred on September 2,
2022;
WHEREAS, on January 13, 2023, the New Hope Police Department issued an incident
report and the second disorderly behavior slip to two separate tenants at the Property named Gary
Granger and Remah Clara Abbas Harb for Disorderly Conduct per City Code §3-31 (i)(2)(a)
relating to drug related/illegal activity in the rental dwelling unit;
WHEREAS, the January 13, 2023 incident involved a possible drug overdose and drug
related illegal activity;
WHEREAS, on February 9, 2023, a notice was sent to residents Gary Granger and Remah
Clara Abbas Harb and the Owner per City Code §3-31 (i)(4);
WHEREAS, on January 16, 2023, the New Hope Police Department issued an incident
report and the third disorderly behavior slip to a tenant at the Property named Theresa Putnam and
guest Jalyn Marie Pearson for Disorderly Conduct per City Code §3-31 (i)(2)(a) and (f) relating to
drug related/illegal activity in the rental dwelling unit and Minn.Stat.§609.50 obstructing legal
process;
WHEREAS, the January 16, 2023 incident involved a traffic stop of a vehicle in the
driveway of the Property which resulted in driver being arrested on several outstanding warrants,
an attempt to flee into the Property, obstruction of legal process by occupants in the Property and
illegal drug activity;
WHEREAS, a notice was sent to the tenant at the Property named Theresa Putnam and
Owner per City Code Section 3-31 (i)(5);
WHEREAS, in addition to the three incidents of disorderly behavior that were noticed to
the tenants and Owner, there were approximately 103 other calls for service to the New Hope
Police Department relating to the Property between the dates of January 1, 2020 and February 1,
2023. A table listing these incident reports was introduced as evidence as Exhibit O at the hearing
3
and further demonstrates the failure of Owner to properly operate and manage the Property and
prevent the tenants and guests of tenants from engaging in disorderly behavior at the Property;
WHEREAS, on March 13, 2023 a public hearing was held before the City Council
regarding Owner’s violation of the rental registration permit requirements set out in City Code §3-
31 as referenced above;
WHEREAS, at the March 13, 2023 public hearing, by a unanimous vote, the City Council
determined Owner had in fact violated City Code §3-31(i) by allowing a tenant of the Property to
engage in three or more acts disorderly behavior at the Property within a 12-month period; and
WHEREAS, at the conclusion of the public hearing the City Council revoked the rental
registration permit for the real property located at 3959 Oregon Avenue North, New Hope,
Minnesota with a property tax identification number of 17-118-21-31-0004.
FINDINGS OF FACT
WHEREAS, based on the testimony of Officer Jared Gray, Officer Daniel Fitzmaurice,
Director of Community Development, Jeff Sargent, and Richard Swenson, the New Hope City
Council hereby makes the following findings of fact:
1. Richard Swenson owns the real property located at 3959 Oregon Avenue North, New
Hope, Minnesota.
2. Owner is currently renting the Property to tenants and/or has failed to remove
individuals from residing at the Property who did not have permission to reside at the
Property.
3. Owner obtained a rental registration permit with the City on June 1, 2006, with the
current rental registration permit effective through June 30, 2023 as shown on the
attached Exhibit A.
4. Multiple tenants/occupants of the Property have engaged in three or more disorderly
behavior acts within a 12-month period with New Hope Police being called to the
Property on at least 3 separate occasions. See Exhibits B, C, F, G, J and K.
5. The Chief of Police and Building Official notified tenant and occupants of the Property
of each of the 3 separate incidents of disorderly behavior by first class mail pursuant to
City Code §3-31. See Exhibits D, H and L.
6. The Chief of Police and Building Official notified Owner of the Property of each of the
3 separate incidents of disorderly behavior by first class mail pursuant to City Code §3-
31. See Exhibits E, I, M and N.
4
7. Owner failed to assure that the tenants and/or tenants’ guests not engage in disorderly
behavior in the rental dwelling unit as required by City Code §3-31(i)(1)-(9).
8. Owner was provided with at least a 20-day notice of the public hearing on March 13,
2023, and had the opportunity to be heard to contest the proposed revocation of the
rental registration permit. See Exhibit N.
9. In addition to the three incidents of disorderly behavior that were noticed to the tenants
and Owner, there were approximately 103 other calls for service to the New Hope
Police Department relating to the Property between the dates of January 1, 2020 and
February 1, 2023. These calls include: (1) 13 calls regarding issuance of arrest warrants
for criminal activities; (2) 22 noise disturbance calls; (3) 17 suspicious and stolen
vehicles calls; (4) 26 calls regarding narcotics and/or narcotics-related medical
emergencies; (5) calls regarding assaults, among other allegations. A table listing these
incident reports was introduced as evidence as Exhibit O at the hearing and further
demonstrates the failure of Owner to operate and maintain the Property and prevent the
tenants and guests of tenants from engaging in disorderly behavior at the Property.
10. Owner did attend the public hearing and did not dispute the evidence presented.
11. Owner stated that he has been attempting to evict the occupants of the Property, who
are squatters and never signed a lease with him, for some time, but has finally obtained
an Eviction Order evicting all occupants of the Property as of 12:59 p.m. on March 31,
2023.
12. Owner stated that he intended to follow through with obtaining a writ of recovery and
coordinating with the Hennepin County Sheriff’s Office to post at the Property if the
occupants of the Property fail to vacate on or before March 31, 2023.
13. The defenses and/or explanations of Richard Swenson were not persuasive and did not
effectively disprove the actual incidents of disorderly behavior.
CONCLUSIONS OF LAW
WHEREAS, based on the testimony of Officer Jared Gray, Officer Daniel Fitzmaurice,
Director of Community Development, Jeff Sargent, and Richard Swenson, the New Hope City
Council hereby makes the following conclusions of law:
1. That Owner of the Property located at 3959 Oregon Avenue North, has violated City
Code §§3-31(i) by allowing tenants of the Property and/or tenant’s guests to engage in
three or more acts of disorderly behavior at the Property within a 12-month period.
2. That City Code §3-31(i)(5) provides for the City Council’s ability to revoke, suspend
or not renew the rental property registration permit for the Property after the occurrence
of a third disorderly behavior act at the Property within a 12-month period.
5
3. Owner did not dispute the facts presented that he had violated §3-31 by allowing at
least 3 disorderly behavior incidents to occur at the Property.
ORDER
1. Based on the Findings of Fact and Conclusions of Law as set out in this Resolution
and Exhibits A-O, this Council hereby revokes the rental registration permit for
Richard Swenson, as Owner of the Property at 3959 Oregon Avenue North in the
city of New Hope pursuant to New Hope City Code §3-31(i)(5) and 3-31 (j)(5) with
the following terms:
a. The tenants of the Property must vacate it within 60 days of this resolution
b. If the Owner fails to remove the tenants within 60 days of this resolution,
then the City may commence legal action seeking injunctive relief requiring
him to do so.
c. Richard Swenson may not re-apply for another rental registration permit for
3959 Oregon Ave. N. for at least 3 years.
d. Richard Swenson may not have an ownership interest in any other entity
that attempts to apply for another rental registration permit for 3959 Oregon
Ave. N. or any other property in the City of New Hope for at least 3 years.
2. This order shall take effect immediately.
Dated: March 27, 2023
____________________________________
Kathi Hemken, Mayor
Attest: ________________________________
Valerie Leone, City Clerk
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-54022 - Rental Registration Permit Revocation - 3959 Oregon Ave N\Resolution revoking
rental license 3959 Oregon Ave N.docx
City Council Meeting Minutes Excerpt of 3/13/23 (Item 7.1)
CIVIL HEARING
3959 OREGON AVE
RENTAL PROPERTY
REGISTRATION
Item 7.1
Mayor Hemken introduced for discussion Item 7.1, Civil hearing regarding
revoking rental property registration permit for 3959 Oregon Avenue, relating to
three disorderly behavior violations.
Mr. Jeff Sargent, director of community development, explained that three
disorderly behavior violations have occurred at the property within a 12-month
period. He stated Council is conducting a hearing and 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 one year.
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. 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 disorderly
behavior slips issued on September 2, 2022; January 10, 2023; January 13, 2023; and
January 16, 2023. She presented Exhibits B, C, F, G, J and K.
Testimony was accepted by Officer Jared Gray, Director Jeff Sargent, and Officer
Daniel Fitzmaurice.
The property owner, Mr. Richard Swenson, also provided testimony. He informed
Council that he has retained an attorney and has initiated the eviction process for
the current tenant. He also stated his intention of selling the property.
Mayor Hemken opened the floor for the public hearing. There was no one in the
audience wishing to address the Council for the public hearing.
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.
Director Sargent stated staff will present a resolution of the findings for Council to
consider on March 27, 2023. He stated if the rental registration is revoked, tenants
must vacate within 60 days.
CLOSE HEARING
Item 7.1
Motion was made by Council Member Elder, seconded by Council Member
London, 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 London, seconded by Council Member Hoffe, to revoke the
rental property registration permit for 3959 Oregon Avenue. All present voted in
favor. Motion carried.
S:\March 27, 2023 Council Meeting\12.1 Q ‐ Upcoming Events.docx
Request for Action
March 27, 2023
Approved by: Tim W. Hoyt, Acting City Manager
Originating Department: City Manager
By: Tim W. Hoyt, Acting City Manager
Agenda Title
Exchange of communication between members of the city council
Upcoming meetings and events:
April 3 4 p.m. – Blue Line Coalition Meeting
7 p.m. – Human Right Commission Meeting
April 4 No Planning Commission Meeting
April 5 8:30 a.m. – Business Networking Group Meeting, hosted by Tashie George of Elevate
Hennepin at New Hope City Hall
1:30 p.m. – Joint Water Commission Meeting
April 10 7 p.m. – City Council Meeting
Agenda Section
Other Business
Item Number
12.1