03 13 23 City Council MinutesNew 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